Times Colonist

WHERE THERE'S SMOKE THERE'S FIRE

Clean Air Bylaw fans the flames of anger in pub owners, many of whom blame business decline on uneven compliance

Victoria, B.C.
Saturday, May 29, 1999
by Richard Watts, Times Colonist staff

Spotty enforcement of Victoria's no smoking bylaw is forcing honest bars to compete with blatant scofflaws and creative rule benders, bar people said Friday.

Grant Olson, co-owner of the downtown Strathcona Hotel with its high-profile Sticky Wicket pub said his business has declined by 20 percent because he obeys the bylaw and won't allow customers to smoke indoors.

Meanwhile, smoking continues at bars with the toughest customers where bylaw enforcement officers seem too afraid to go.

And then there are the neighbourhood pubs who are using awnings, screens and gas heaters to turn outdoor patios into all-weather smoking areas.

"There is a big lack of enforcement," said Olson at a press conference.

On Jan 1 the Capital Regional District enacted its Clean Air Bylaw, which virtually banned smoking in any indoor public space. Bars and restaurants that were previously forced to designate 60 per cent of seats as non-smoking had to become smoke free.

The problems and backlash were almost immediate.

Smokers refused to obey. When bylaw officers tried to issue tickets, smokers wouldn't identify themselves. Police officers had to be called and in some cases had to arrest determined cigarette users.

Then problems arose with places such as Victoria Hospice, a special unit at the Royal Jubilee Hospital reserved for people who are dying. Prior to the bylaw patients were allowed to smoke in a special, sealed room. To comply with the bylaw they must go outdoors.

Nursing home residents complained that they should be allowed to smoke inside because those facilities are their homes.

But it's been the bars that have provided the most concerted and hostile reaction. The CRD has given up trying to force smokers to obey and had taken to sending out warning letters to bars. If warning letters fail, the CRD will head to court to seek an injunction forcing the bars to comply.

Brian Mayzes, manager of the Esquimalt Inn and a member of the anti-bylaw group called the Freedom of Choice Coalition, said his bar has already received a warning letter.

But Mayzes said the Esquimalt Inn would still leave it up to customers whether they choose to obey the bylaw. Business at the Esquimalt Inn has gone up since the bylaw was enacted, he said.

Geoff Young, Victoria councilor and CRD chairman, said the resistance to the bylaw has surprised him.

Young conceded enforcement until now has not been as good as it should have been. But the CRD has yet to reach the court-injunction stage. He also said it was a bad thing for business to decline at a prominent downtown hotel like the Strathcona. "That's clearly not a good thing. But there may be some offsetting benefits that will take longer to materialize," said Young. He pointed out studies have proven the health of bar workers improves when a bar goes smoke free.

Back at the Strathcona Hotel, any benefits can't come soon enough for bartender Wayne Winger. Winger, a 30-year, non-smoking bartender, said his tips are down at least 50 per cent since the bylaw was enacted. And he has yet to feel any health benefits. "Except my clothes are cleaner. So I don't have to do laundry as much," said Winger.