'The 80s called': Council green lights smoking outdoors

Saturday, 18 November 2023

Plans to ban smoking in the city’s publicly-owned outdoor dining spots have been scrapped under pressure from bar owners who said the draconian rules would cost them customers.

Christchurch City Councillors were divided over introducing Smokefree rules on public land, but most thought it would be unfair on business.

The vote was split 9:7 on Wednesday, with some councillors arguing that banning smoking would impact businesses who leased the land, while others called it regressive.

“The 1980s called and they want their policy back,” Cr Tyrone Fields told The Press after the vote.

Smoking rates have halved in the past 10 years, according to the New Zealand Health Survey.

Around 331,000 adults are daily smokers, around 8% of the New Zealand population, with another 50,000 smoking on a less regular basis.

As part of its Smokefree 2025 campaign, the Government is aiming to have fewer than 5% of New Zealanders smoking within two years.

By the end of the year, the number of retailers able to sell tobacco products will be slashed from 6000 to just 600.

The legislation, that passed in December, also prevents tobacco products from ever being sold to people born on or after January 1 2009.

In its draft form the new policy would have made public land (such as footpaths), leased by private businesses for outdoor dining, smoke and vape free.

It went through a public consultation process, where a majority of submitters supported the new rule. Multiple residents and groups commended council for taking bold action.

However, 7 of the 12 submissions from the hospitality sector opposed the move, including the Terrace Hospitality Group, which represents over 30 businesses.

Max Bremner, who submitted on behalf of the group, called the smokefree rule “draconian”.

“They unduly infringe on the choice of people to smoke or vape in outdoor public places should they want to,” Bremner wrote.

The group was also concerned customers would flee their venues for smoke-friendly pubs and restaurants, and asked if council would make licences to occupy public spaces cheaper to compensate.

Louis Vieceli, who owns Amazonita, Bangalore Polo Club and Delilah on Oxford Terrace, called the policy overly restrictive.

“Forcing a blanket policy on all businesses without considering the preferences and choices of customers is an overreach of regulation,” he said in his submission.

Angela Cameron, who presented on behalf of Zodiac and Chiwahwah bars, was worried fights would start if people were forced to leave a venue to go and smoke on the footpath.

She also raised concerns about people leaving drinks unattended and whether they would be at risk of being spiked.

Cr Mark Peters said keeping the rule would put businesses on “unfair footing”.

“To tell our hospitality businesses who have struggled a lot through Covid and other things in recent times that you have to follow this rule… I think is a little bit unreasonable,” he said.

He pointed out that the new wording of the policy still encouraged businesses to be smoke and vape-free, but gave them a choice.

Cr Sara Templeton wanted to keep the rule in, arguing that since it was public land they were discussing, council had a responsibility to make it safe for everyone.

She said the city’s hospitality scene offered amazing spaces for people to have fun, but smoking or vaping didn’t need to be part of that.

“The businesses who are currently objecting to this condition could choose to go somewhere else if they really wanted that. But currently they’re on key sites in our city and they will attract people anyway,” she said.

Those enjoying the council’s outdoor space along the Terrace had mixed views.

Holly Black, 25, said people should be able to enjoy having a drink and a smoke at the same time. She agreed with the business owners that enforcing a ban would deter people and see them choosing other spaces, where smoking was allowed.

Stephen, who was enjoying a cigarette at Amazonita, said the best compromise would be to have both smoking and non-smoking outdoor areas within venues.

While a group of colleagues who were enjoying their Christmas function said they would be happy with a ban.

The tradies had left Chiwahwah to smoke outside because they realised they were in the minority and didn’t think it was fair to be smoking around others.

How councillors voted:

For scrapping the smokefree rule: Mayor Phil Mauger, deputy mayor Pauline Cotter, councillors Sam MacDonald, Andrei Moore, Mark Peters, Tim Scandrett, Kelly Barber, Aaron Keown, Victoria Henstock.

Against: Councillors Sara Templeton, Jake McLellan, Yani Johanson, Celeste Donovan, Melanie Coker, Tyla Harrison-Hunt, Tyrone Fields.

Cr James Gough was not present for the vote.

Additional reporting by Shannon Redstall.