The owners of the pub De Kachel in the northern city of Groningen have been fined 1,200 euros for violating the smoking ban for bars, cafes and restaurants which the Netherlands introduced last July. If the pub allows smoking again, it will be closed down for a month.
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Co-owner Jeroen Sannes says he can understand that the judge has no alternative but to fine a transgression of the law. But Mr Sannes says he is enraged at the judge's suggestion that small pubs should expand or move, if they don't have enough space to create a separate smoking room. "How does he think we are going to finance such a move?" Mr Sannes exclaimed.
This was the first case brought against a hostelry in the Netherlands for failing to comply with the smoking ban. The owners of De Kachel had received five warnings before being charged.
Appeal
De Kachel's lawyer Manuel Bloch says he will appeal the decision, because he disputes Health Minister Ab Klink's authority to issue such far-reaching directives. "The smoking ban is in conflict with the Tobacco Act," Mr Bloch says. Some 1,500 small pubs in the country, employing hundreds of people, are following this test case with close interest.
Resistance
There is a great deal of resistance against the ban, especially among small pubs where there is no room for an extra smoking section. Bigger bars, cafes and restaurants usually manage to create a separate space indoors for smokers.
The ban was introduced primarily to protect the health of pub and restaurant personnel, who had no choice but to work in a smoke-ridden environment all day, day in day out. But Health Minister Ab Klink also generally discourages smoking because of its associated health risks.
Carnival
The Food Safety Authority (VWA) is patrolling to check whether cafes and pubs obey the smoking ban. The VWA says it will even continue its spot checks during the current carnival weekend, when pubs will be open to revellers Saturday to Tuesday. Café owners say it will be difficult to enforce the ban when a heaving throng is weaving in and out of their premises, singing, drinking, and... smoking.
Tags: carnival, Dutch health policy, smoking ban