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PSI Update
 
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Details of Smoking Ban in Entertainment Outlets

From 1st July 2007, smoking will be prohibited in

  • Entertainment outlets e.g. pubs, bars, discotheques, lounges (including KTV lounges), nightclubs, etc.

Areas Covered By Smoking Ban (1 July 2007)

  • With effect from 1 July 2007, all areas of the premises, including any outdoor refreshment area (ORA), will come under the smoking ban

  • However, the licensee of the premises may designate up to 10 per cent of the indoor refreshment area (IRA) as smoking room(s).

  • For outlets with ORA, the licensee may designate up to 20 per cent of the ORA as a smoking corner. This is in addition to the smoking room(s) in the IRA.

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FAQs on Smoking Ban in Entertainment Outlets


 

Steps to apply for smoking room and/or corner

1. What must the licensee/operator do to set up a smoking room and/or corner at his premises?

The licensee/operator of the entertainment outlet must apply to the relevant Regional Office (RO) of NEA to set up a smoking room and/or corner at his premises. 

Application for Smoking Room

The licensee/operator must submit to the RO a layout plan of the premises, showing the IRA with the proposed smoking room/s clearly highlighted on plan with dimensions marked out for evaluation by NEA. 

Application for Smoking Corner

The licensee/operator must submit to the RO a layout plan of the premises, showing the ORA with the proposed smoking corner clearly highlighted on plan with dimensions marked out for evaluation by NEA. 

If the outlet has both ORA and IRA, and the licensee/operator wish to apply for both smoking corner and smoking room, the layout plan of the premises must show both IRA and ORA with the smoking rooms and corner clearly highlighted with dimensions marked out.

NEA officers will check on the smoking room and/or corner for irregularities/deviations from the approved layout during their routine inspection of the premises. The licensee/operator will be required to rectify any irregularity or deviation found during the inspection.

 Please note that the licensee/operator can only operate a smoking room and/or corner after his application has been approved.

The application form can be downloaded here.

 

2. How long will it take to process an application after its been sent to NEA?

It takes about 5 working days to process and approve the application so long as the layout plan submitted is in order. The applicant will be informed to set up the smoking room and/or corner according to the approved layout plan.

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Setting up of smoking corner

3. How can the licensee/operator demarcate the smoking corner at the ORA?

It is necessary to display signage prominently to inform customers who wish to smoke about the smoking corner. Without any signage, customers may not know where the smoking corner is.

In addition to displaying signage, licensees/operators are to use at least one of the following ways of demarcation which must be clear and obvious to customers:

a. Markings on floor e.g. coloured lines;

b. Physical or visible partition e.g. wooden screens, tall potted plants;

c. Coloured tables or cloth;

d. Other prominent forms of demarcation.

NEA recommends that physical or visible partition be installed with the compulsory signage.

 

4. Must the boundary of the ORA be demarcated on site?

Only the smoking corner needs to be clearly demarcated on site. The rest of the ORA, which is non-smoking, need not be demarcated. However, no-smoking signage should be put up to let patrons know that they are in the non-smoking ORA and to remind patrons of the smoking ban.

 

5. Are there guidelines on where the smoking corner is to be located?

The smoking corner should preferably be located at a corner of the ORA and away from public walkways so that exposure of non-smoking patrons and passersby to second-hand cigarette smoke is minimised.

 

6. Can there be more than one smoking corner in the premises if the total area of all the smoking corners does not exceed 20 per cent of the ORA?

There should only be one smoking corner in each premises. However, NEA may allow entertainment outlets to set up more than one smoking corner on a case-by-case basis e.g. outlet with more than one ORA. 

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Setting up of smoking room

7. What are the requirements for a smoking room?

The smoking room must not occupy more than 10% of total floor area of IRA. In addition, the smoking room must not be part of a pantry or other common area to which employees have access or is required to be used for the performance of his employment.

The smoking room must be totally enclosed and be independently ventilated. There must be no leakage of second-hand smoke to non-smoking areas.

There must be prominent signage at the entrance of the smoking room to inform patrons that it is a smoking room.

 

8. Can more than one smoking room be set up in one premises?

The licensee can decide on the size and location of the smoking room(s) that he wants to provide. However, each smoking room must meet the requirements listed in Question 7. The total area of the smoking rooms must not be more than 10% of total floor area of IRA.

 

9. Will all entertainment outlets have smoking rooms/corners for smokers?

The decision to set up smoking rooms/corners lies with the licensee/operator. The licensee/operators have the flexibility to go smoke-free if he does not wish to set up a smoking corner.

 

10. Can the exhaust air from the smoking room be recirculated?

The exhaust air from the smoking room must be discharged directly to the outdoors. The exhaust air may be treated before it is exhausted. 

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Changes to IRA and/or ORA

11. Can the layout of the IRA and/or ORA on site be different from the one shown in the layout plan submitted?

The layout of the IRA and/or ORA and smoking room and/or corner on site must be the same as that shown on the plan submitted and endorsed by NEA. The licensee/operator is required to resubmit an amended layout plan to NEA for approval if he decide to make changes to the IRA and/or smoking room, or ORA and/or smoking corner.

 

12. Can the operator change the IRA and/or smoking room, or ORA and/or smoking corner after submission of layout plan?

Licensees/operators who wish to change the location of the smoking room and/or corner must resubmit an updated layout plan of the IRA and/or ORA with the new location of the smoking room and/or corner to NEA for approval.

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Responsibility of licensees/operators

13. What are the responsibilities of operators of the premises in implementing and enforcing the smoking ban?

Operators are required to

i.    put up signage prominently at their establishments to inform customers of the ban. ('No Smoking' signage for smoke-free areas and 'Designated Smoking Corner/Room' signage for smoking corner/smoking room.)

ii.   inform customers to cease smoking immediately or to smoke in the smoking room and/or corner or to step outside of the premises to smoke*.

iii.  respond into complaints of patrons breaching the smoking ban within the premises and take the necessary actions as stated in (i) and (ii) above if the complaint is found to be substantiated

iv.  remove ash trays in non-smoking areas

* If the smokers refuses to comply, explain that if they continue to smoke, they will be asked to leave the premises. If they refuse to leave, deal with the smokers as you would with difficult or uncooperative customers. You may wish to report the incident to NEA at 1800-2255 632 (1800-CALL-NEA) so that NEA officers may schedule the premises for inspection to help ensure compliance.

In all cases where law and order situations arise from a smoker becoming abusive or violent, we suggest you seek assistance from the Police.

 

14. What if the smoker abuses, threatens or hinders the licensee/operator in enforcing the ban?

Any smoker who abuses, threatens, obstructs the licensee/operator from enforcing the ban will be sent to court where they may be imposed with fines of up to $1,000 or jail up to 6 months or to both fine and jail. They can call NEA or the Police for assistance.

 

15. Will outlets be penalized if their smoking room and/or corner are not set up by 1st July?

The decision to set up a smoking room and/or corner lies with the licensee/operator of the entertainment outlets. After 1 July 07, smoking will be prohibited in the outlets until their smoking room and/or smoking corner are set up . They can still apply to set up a smoking room and/or corner after 1st July 07 (i.e. after the ban comes into force).

 

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Others

16. What can the public do when they see a smoker flouting the law?

The public can inform the licensee/operator of the entertainment outlet  if they see smokers flouting the smoking ban. It is the duty of the licensee/operator to respond to the complaint and, if the complaint is found to be true, take the necessary actions as required by law i.e. ask the smoker to stop smoking or leave the premises. The public can also report the incidence to NEA at the NEA Hotline at 1800-2255 632 (1800-CALLNEA).

 

17. Are there any grace period for the enforcement of the smoking ban?

There will be no grace period given to smokers to comply with the ban. Smokers will be liable to enforcement action for any violation of the smoking ban once the ban comes into effect from 1 July 2007.

 

18. Is it an offence to walk through an entertainment outlets with a lighted cigarette?

It is an offence to carry a lighted cigarette into any place where smoking is prohibited including an entertainment outlet.

 

19. Can I make a complaint if the second hand smoke from the smoking corner spread to my table?

If it is a persistent problem, you may wish to highlight the situation to the manager/operator. Remedial actions such as placing a physical partition or a fan to blow the smoke away from the non-smoking area could be considered by the manager/operator.

 

20. Can a non-smoker sits in the smoking corner?

Patrons are free to sit wherever they want to, regardless of whether it is a smoking or non-smoking area. However, non-smokers should understand that the smoking corner is meant for those who wish to smoke. Furthermore, patrons who sit in the smoking corner will be exposed to harmful health effects of second-hand smoke.

 

21. What is the penalty for someone caught smoking in the non-smoking area of an entertainment outlet ?

The offender is liable to a maximum court fine of $1,000. However, NEA may allow the offender to have the offence compounded by paying a sum of $200.

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NEA Call Centre Hotline: 1800-CALL NEA (1800-2255 632) / Fax: 62352611 / Enquiry Email: Contact_NEA@nea.gov.sg
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