Victoria |
Freedom of Choice Coalitionc/o Esquimalt Inn, 856 Esquimalt
Road, Esquimalt, B.C. V9A 3M4 July 5, 1999 To all Coalition Members From Brian Mayzes, Chair Enclosed you will find two signs, the first I suggest to be posted inside your establishments and the second is a form/fax letter that you should customize for your establishment. The legal advice we received from John Green that by posting that sign we are fulfilling the requirements expected from us as per the CRD (Capital Regional District) letter dated March 25, 1999 to all business owners. In that letter Dianne Stevenson states that proprietors who encourage, condone and/or assist their customers in violating provisions of the Bylaw, will be subject to legal proceedings, the letter also stated the criteria for issuing warning letters: - ashtrays or receptacles for cigarette butts are noted on many tables - signs posted stating 'Smoke at your own Risk', 'Smoking Establishment' are present - management/staff are observed encouraging customers to smoke The ashtrays should be removed from the tables and available for the customers to pick up from the bar or elsewhere in your bar if customers decide to violate the bylaw. Staff should not carry ashtrays but due to fire hazard they should be emptied in a metal can regularly. No ashtrays should be on empty tables. The sign threatening injunctions should be posted near the ashtrays for the customers to read; remove all signs encouraging smoking. The response from staff or management when questioned 'Can I smoke?' should be "I can not give you permission to smoke." The second fax sign should be faxed to the CRD Enforcement Office when possible advising them you are trying to enforce the bylaw but need help, this should prevent possible injunction action or contempt charges as these calls or faxes should be logged and will be proof that we are trying to comply with the bylaw. By doing the above the onus of enforcement will be pushed back on to the CRD as we are not enforcement officers and can't write tickets to violators. The onus of responsibility will shift back to the customer for violating the bylaw. Nowhere has it been written that we are expected to start refusing service to, or physically remove customers from our premises. I don't like this any more than you do but feel right now considering the circumstances it is the best action for all of us. Come November we will make those responsible for this bylaw pay at the polls. The Coalition will still continue to fight this bylaw and push for the ventilation solution which is the best solution and the one being considered by the W.C.B. (Workers Compensation Board) If you have any questions or comments please feel free to 'phone me at my office 386-2152. Yours truly, (signed) Brian Mayzes |
|
|