Owner of the Grand Bar and Brasserie John Griggs has attacked new anti-smoking laws, saying they will cause widespread confusion and will be almost impossible for hotel proprietors to enforce.
The new laws, which come into force on July 4, stipulate that smoking will be allowed in only one room or part of one room of a hotel, which must occupy no more than 50 per cent of the total area of all rooms on the premises.
Smoking areas must also be marked by either a partition or a 1.5 metre additional clear space around the perimeter of the smoking area to separate it from any non-smoking area.
Smoking will be banned in all toilets, foyers, lobbies, thoroughfares, auditoria and on dance floors.
The legislation is the next phase in the NSW Government's anti-smoking initiative, which aims to ban all smoking in hotels, registered clubs and nightclubs by July 2007.
Patrons caught smoking in unauthorised areas face fines of $550 while those who "permit" smoking can face fines of $1100 for an individual or $5500 for a corporation.
The failure to display required signage can also result in maximum penalties of $550 for an individual or $2750 for corporations.
Mr Griggs said there was widespread confusion about the laws, both among members of the Australian Hotels Association and members of the Southern Highlands community.
"Everyone seems to be confused about the changes which will be effective as of July 4," he said.
"I think there will be absolute confusion on the part of patrons once they are introduced. I think we can also reasonably expect deliberate disregard of the regulations when it comes to patrons."
Mr Griggs said it was unfair to expect hotels and bars to shoulder the burden of enforcing the new laws.
"We don't believe the onus should be on the licensee to enforce the changes. It is the Government's legislation, they are the ones who should be compelled to enforce the changes," he said.
Mr Griggs said he was also concerned about the practicality of the bans.
"We will be in a position where we will have to request people to stop smoking, who will then take offence and tell us where to go..." he said.
"It's almost certain that you will get people ignoring instructions. If they refuse to stop smoking, what are we supposed to do? Refuse them service? Throw them out?
"My concerns are for the safety of my staff, who will be the ones having to tell people to stop smoking."
Mr Griggs said he also harboured concerns over the practicality of enforcing bans on smoking in toilets, a problem he feels will be exacerbated by the new restrictions.
"What are we supposed to do to stop people smoking in the toilets? It's not as if you can have surveillance in there," he said.
"There are also additional worries in terms of controlling patrons who are smoking outside the hotel if there's a busy night."
According to Mr Griggs widespread confusion about the new laws has been caused by the decision to slowly faze-in the smoking bans.
"My own personal view is that they should have chosen a date and made smoking illegal from that date. By fazing it in slowly, it has been confusing for both patrons and owners, with some pubs undertaking expensive structural changes all for the sake of two years or 18 months," he said.
Mr Griggs said he felt the introduction of the new laws had also been poorly managed.
"Minister (Frank) Sartor has not kept his word. He said there would be two months of intensive media advertising to notify people about the changes and there has been virtually zero," he said.
Mr Griggs said he expected a downturn in business as the new smoking bans are gradually introduced.
"There was up to a 30 per cent decrease in trade in Victoria after the regulations were introduced. A similar thing happened in New Zealand, contrary to what the Government told us," he said.
"There was also a 20 per cent loss of profit in provincial country hotels in Ireland.
"One of the big arguments put forward by the anti-smoking lobby is that once a pub is smoke-free then you will get more people coming; that assertion has not been the case in Victoria."
Mr Griggs said he believes the new laws will particularly disadvantage regional pubs.
"I think it's going to affect country and regional pubs more than ones in the city which have a myriad of bars and areas of many shapes and sizes," he said. "We're also expecting there to be a downturn in gaming, which will affect Government coffers."
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