The Malaysian Insight

ASK officers for identification – this is Putrajaya’s advice to restaurant operators as the ban on smoking at eateries is enforced today.

The tip is to prevent restaurants from being cheated by scammers posing as law enforcement officials and attempting to extort both operators and customers.

Deputy Health Minister Dr Lee Boon Chye said the ministry is aware of such fears and will ensure that officers present their identification cards when doing their rounds.

“The ministry will send out about 5,300 enforcement officers, who must produce their ministry identification cards. Operators need not worry,” he told The Malaysian Insight.

If individuals who appear to be officers do not present their identification cards, eatery operators must inform the ministry, he added.

Industry players, meanwhile, said they are ready to enforce the ban after the law was introduced on January 1 last year.

Though gazetted, the law was not enforced in 2019, with the government opting to create awareness and “education advocacy” with regard to the ban instead.

Petaling Jaya Coffee Shop Association president Cheah Poo Kuan said most operators are ready as the past year has helped customers adjust to the ban.

“Since it was introduced a year ago, many customers have become accustomed to it, so we don’t expect many problems.”

Selangor and Kuala Lumpur Chinese Coffee and Tea Shopkeepers’ Association chief William Lee agreed, saying operators have observed customers walking away from the premises to smoke.

“Smoking is not something you can quit easily, but fortunately, customers have gotten used to the ban and would go out of the restaurant to smoke away from those eating.”

He suggested that the ministry do away with the 3m buffer between smokers and eateries, saying it is sufficient for customers to self-regulate by walking away for a puff.

Malaysia and Singapore Coffee Shop Proprietors’ General Association president Ho Su Mong believes the ministry should allow smoking areas at eateries instead of imposing an outright ban.

“This is done in places like Singapore, Japan and the Netherlands. Why do we not learn from advanced countries?”

He said he is also unclear about the operator’s role if a customer refuses to heed the no-smoking signs at a restaurant.

Under the law, both smokers and eatery owners can be fined, and Ho hopes that law enforcement officers will be considerate towards operators.

“If customers insist on smoking, how do we stop them? We do not want to lose them. I hope enforcement officers will consider this.”

Eatery operators feel that the most they can do is ensure they have no-smoking signs displayed, saying enforcement is beyond them.

Dr Boon Chye said as long as an eatery has such signs, as required by law, and does not encourage patrons to smoke, officers will not issue summonses.

This includes not placing ashtrays on tables.

“A summons will be issued to the operator if the operator is found to have encouraged smokers to smoke at the eatery.”

The ban on smoking at eateries is under the Control of Tobacco Products (Amendment) Regulations 2018.

The public can report offenders to the Health Ministry’s hotline at 03-8892-4530 during office hours or send a WhatsApp message to 010-860-8949, with the name and address of the eatery, a photo of the smoker, and the time and date of the incident.

Eateries that do not display no-smoking signs can also be reported to the ministry.

Smokers are still divided over the ban. 

Siow, a 46-year-old salesman, questioned who would ensure that smokers stay 3m from eateries.

A businessman named Chen, 40, said the government rushed to apply the ban without adequate preparations, such as providing rubbish bins outside eateries to ensure smokers do not litter.

Student Liu Kai Shuan is optimistic, saying more smokers seemed to be complying with the ban during the awareness period over the past year.

“I still think, however, that the government should respect smokers by allowing a smoking section,” said the 18-year-old.

Chen, a 25-year-old salesman, said the ban promotes “respect for one another”, as non-smokers no longer have to deal with cigarette smoke while eating. – January 1, 2020.