Details of Smoking Ban in Foodshops and Hawker Centres
With effect from 1st July 2006, smoking is prohibited in
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Non air-conditioned food-shops e.g. coffeeshops, cafes, canteens, restaurants, etc. (Smoking is already prohibited in air-conditioned foodshops since 1989)
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Hawker Centres
Areas Covered By Smoking Ban (1 July 2006)
Non Air-conditioned Food-shops
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With effect from 1 July 2006, all areas of the premises, including any outdoor refreshment area (ORA), are covered under the smoking ban
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However, the licensee of the premises may designate up to 20 per cent of the ORA as smoking corner.
Hawker Centres
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With effect from 1 July 2006, all areas of the hawker centres, including any ORA, are covered under the smoking ban.
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However, the management of the hawker centre may designate up to 20 per cent of the ORA as a smoking corner.
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For hawker centres that do not have ORA, the management may designate up to 10 per cent of the indoor refreshment area (IRA) as a smoking corner.
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FAQs on Smoking Ban in Foodshops and Hawker Centres
Steps to apply for smoking corner
1. What must the licensee/operator do to set up a smoking corner at his premises?
The licensee/operator of the foodshop must apply to the relevant Regional Office (RO) of NEA to set up a smoking corner at his premises. 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 layout plan is in order, the licensee/operator will be informed to proceed with the demarcation of the smoking corner.
NEA officers will check on the smoking corner for irregularities/deviations from the approved layout during their routine inspection of the foodshop. 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 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 demarcate the smoking 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 foodshops to set up more than one smoking corner on a case-by-case basis e.g. foodshop with more than one ORA.
7. Will outlets be penalized if their smoking corners set up without approval?
The decision to set up a smoking corner lies with the licensee/operator of the foodshop. However, the licensee/operator must apply to NEA for approval to set up the smoking corner.
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Changes to ORA
8. Can the layout of the ORA on site be different from the one shown in the layout plan submitted?
The layout of the ORA and smoking 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 ORA and/or smoking corner.
9. Can the operator change the ORA or smoking corner after submission of layout plan?
Licensees/operators who wish to change the location of the smoking corner must resubmit an updated layout plan of the ORA with the new location of the smoking corner to NEA for approval.
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Responsibility of licensees/operators
10. 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.
ii. inform customers to cease smoking immediately or to smoke in the smoking corner. If the person refuses to stop smoking or step outside the premises, the manager/operator may seek assistance from NEA. The NEA Hotline number is 1800–2255632 (1800-CALL-NEA).
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
11. 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.
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Others
12. What can the public do when they see a smoker flouting the law?
The public can inform the licensee/operator of the foodshop 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).
13. 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.
14. Is it an offence to walk through a foodshop with a lighted cigarette?
It is an offence to carry a lighted cigarette into any place where smoking is prohibited including a foodshop.
15. 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.
16. 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.
17. Can I smoke while waiting/ordering food at the passageway between the IRA and ORA?
Smokers can be considerate and refrain from smoking at the passageway as their cigarette smoke may affect other patrons.
18. What is the penalty for someone caught smoking in a coffee shop?
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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