❓ A WA parliamentary question probes the rationale behind differential smoking regulations for nightclubs/cabarets versus hotels/bars, focusing on research, competitive impacts, and compliance with National Competition Policy. The Minister's response emphasizes a phased approach, youth demographics, and a primary focus on public health over competitive advantage.
AnsweredQoN 1449Legislative Council
QuestionView source ↗
In a recent radio interview (October 28 2003) on 6PR the Premier discussed the Government’s response to the ‘Review of the operation and effectiveness of Part IXB of the
Health Act 1911
and the
Health (Smoking In Enclosed Public Places) Regulations 1999
’. A caller from the Cabaret Owners Association asked the Premier a question why cabarets and nightclubs had been treated differently to hotels and other bars. In answering it the Premier said ‘…there are space issues involved in the comparison there, and what the Government’s very concerned about with nightclubs is the very compressed area, with lots of young people smoking in those areas. And there is definitely an issue there in terms of the smoke that’s created and the impact that will have on people in that situation.’. Later the Premier continued. ‘…the hotels have to provide certain non-smoking areas. And in terms of the cabaret situation, in terms of the nightclub, there’s a compressed space, the smoke is there and we’re concerned about the health impact.’ I ask the Minister -
(1) What research and consultation was carried out on the differences between hotels/bars and nightclub/cabarets in relation to ‘space’ and ‘compressed areas’ and ‘the impact that will have on people’s health’?
(2) Is this the only reason why hotels/bars and nightclub/cabarets were treated differently in the Government’s response to the ‘Review of the operation and effectiveness of Part IXB of the
Health Act 1911
and the
Health (Smoking In Enclosed Public Places) Regulations 1999
’?
(3) If no to (2), can the Minister clearly outline what other factor or factors were involved in the decision making process?
(4) There are a number of basement style bars in the CBD and Northbridge that are essentially single room facilities with no ‘non-smoking areas’. How are they perceived in relation to ‘space’ and ‘compressed areas’ and what consideration was given to ‘the impact that will have on people’s health’?
(5) In preparing its response to the Review what analysis did the Government undertake into the ‘Special Facilities Licenses’ as well as late license taverns and bars, many of which effectively operate in competition with nightclubs and cabarets?
(6) National Competition Policy requires that governments review (via an independent, rigorous, and transparent process) and reform all laws that restrict competition. Can the Minister give details of any independent audit that was undertaken on WA Government’s response to the ‘Review of the operation and effectiveness of Part IXB of the
Health Act 1911
and the
Health (Smoking In Enclosed Public Places) Regulations 1999
’?
(7) Can the Minister outline how the WA Government’s proposed legislation developed in response to the ‘Review of the operation and effectiveness of Part IXB of the
Health Act 1911
and the
Health (Smoking In Enclosed Public Places) Regulations 1999
’ is maintaining a level playing field in the hospitality sector in Western Australia?
Health Act 1911
and the
Health (Smoking In Enclosed Public Places) Regulations 1999
’. A caller from the Cabaret Owners Association asked the Premier a question why cabarets and nightclubs had been treated differently to hotels and other bars. In answering it the Premier said ‘…there are space issues involved in the comparison there, and what the Government’s very concerned about with nightclubs is the very compressed area, with lots of young people smoking in those areas. And there is definitely an issue there in terms of the smoke that’s created and the impact that will have on people in that situation.’. Later the Premier continued. ‘…the hotels have to provide certain non-smoking areas. And in terms of the cabaret situation, in terms of the nightclub, there’s a compressed space, the smoke is there and we’re concerned about the health impact.’ I ask the Minister -
(1) What research and consultation was carried out on the differences between hotels/bars and nightclub/cabarets in relation to ‘space’ and ‘compressed areas’ and ‘the impact that will have on people’s health’?
(2) Is this the only reason why hotels/bars and nightclub/cabarets were treated differently in the Government’s response to the ‘Review of the operation and effectiveness of Part IXB of the
Health Act 1911
and the
Health (Smoking In Enclosed Public Places) Regulations 1999
’?
(3) If no to (2), can the Minister clearly outline what other factor or factors were involved in the decision making process?
(4) There are a number of basement style bars in the CBD and Northbridge that are essentially single room facilities with no ‘non-smoking areas’. How are they perceived in relation to ‘space’ and ‘compressed areas’ and what consideration was given to ‘the impact that will have on people’s health’?
(5) In preparing its response to the Review what analysis did the Government undertake into the ‘Special Facilities Licenses’ as well as late license taverns and bars, many of which effectively operate in competition with nightclubs and cabarets?
(6) National Competition Policy requires that governments review (via an independent, rigorous, and transparent process) and reform all laws that restrict competition. Can the Minister give details of any independent audit that was undertaken on WA Government’s response to the ‘Review of the operation and effectiveness of Part IXB of the
Health Act 1911
and the
Health (Smoking In Enclosed Public Places) Regulations 1999
’?
(7) Can the Minister outline how the WA Government’s proposed legislation developed in response to the ‘Review of the operation and effectiveness of Part IXB of the
Health Act 1911
and the
Health (Smoking In Enclosed Public Places) Regulations 1999
’ is maintaining a level playing field in the hospitality sector in Western Australia?
AnswerView source ↗
Answered
4 December 2003
Responded by
Parliamentary Secretary representing the Minister for Health
Response time
15 days
(2) The Government has responded to the recommendations of the Review in a practical and pragmatic way that is a continuation of the ‘phased in’ approach adopted when this legislation was first introduced. (3) The Government’s concern in relation to the difference between nightclubs and cabarets, as opposed to other types of licensed premises, is focussed around the demographics of the patrons who frequent the different types of venue. The Government is concerned that nightclub and cabaret licensed venues are predominantly frequented by young people and the apparent linkage between enjoyable activity and smoking in such establishments. This apparent linkage may have the effect of promoting smoking amongst younger people. (4) The issue of accessing exemptions under the legislation is clearly dealt with on the basis of the type of liquor licence a premises holds. No attempt has been made to distinguish between premises beyond this level. (5) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places. (6) A review based on National Competition Policy guidelines will be undertaken. (7) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places.
(3) The Government’s concern in relation to the difference between nightclubs and cabarets, as opposed to other types of licensed premises, is focussed around the demographics of the patrons who frequent the different types of venue. The Government is concerned that nightclub and cabaret licensed venues are predominantly frequented by young people and the apparent linkage between enjoyable activity and smoking in such establishments. This apparent linkage may have the effect of promoting smoking amongst younger people. (4) The issue of accessing exemptions under the legislation is clearly dealt with on the basis of the type of liquor licence a premises holds. No attempt has been made to distinguish between premises beyond this level. (5) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places. (6) A review based on National Competition Policy guidelines will be undertaken. (7) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places.
The Government is concerned that nightclub and cabaret licensed venues are predominantly frequented by young people and the apparent linkage between enjoyable activity and smoking in such establishments. This apparent linkage may have the effect of promoting smoking amongst younger people. (4) The issue of accessing exemptions under the legislation is clearly dealt with on the basis of the type of liquor licence a premises holds. No attempt has been made to distinguish between premises beyond this level. (5) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places. (6) A review based on National Competition Policy guidelines will be undertaken. (7) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places.
(4) The issue of accessing exemptions under the legislation is clearly dealt with on the basis of the type of liquor licence a premises holds. No attempt has been made to distinguish between premises beyond this level. (5) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places. (6) A review based on National Competition Policy guidelines will be undertaken. (7) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places.
(5) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places. (6) A review based on National Competition Policy guidelines will be undertaken. (7) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places.
(6) A review based on National Competition Policy guidelines will be undertaken. (7) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places.
(7) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places.
(3) The Government’s concern in relation to the difference between nightclubs and cabarets, as opposed to other types of licensed premises, is focussed around the demographics of the patrons who frequent the different types of venue. The Government is concerned that nightclub and cabaret licensed venues are predominantly frequented by young people and the apparent linkage between enjoyable activity and smoking in such establishments. This apparent linkage may have the effect of promoting smoking amongst younger people. (4) The issue of accessing exemptions under the legislation is clearly dealt with on the basis of the type of liquor licence a premises holds. No attempt has been made to distinguish between premises beyond this level. (5) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places. (6) A review based on National Competition Policy guidelines will be undertaken. (7) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places.
The Government is concerned that nightclub and cabaret licensed venues are predominantly frequented by young people and the apparent linkage between enjoyable activity and smoking in such establishments. This apparent linkage may have the effect of promoting smoking amongst younger people. (4) The issue of accessing exemptions under the legislation is clearly dealt with on the basis of the type of liquor licence a premises holds. No attempt has been made to distinguish between premises beyond this level. (5) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places. (6) A review based on National Competition Policy guidelines will be undertaken. (7) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places.
(4) The issue of accessing exemptions under the legislation is clearly dealt with on the basis of the type of liquor licence a premises holds. No attempt has been made to distinguish between premises beyond this level. (5) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places. (6) A review based on National Competition Policy guidelines will be undertaken. (7) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places.
(5) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places. (6) A review based on National Competition Policy guidelines will be undertaken. (7) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places.
(6) A review based on National Competition Policy guidelines will be undertaken. (7) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places.
(7) Issues of competitive advantage were not a consideration in determining the approach taken in implementing the regulations. The approach taken was seen as an effective and pragmatic path to the goal of a total ban on smoking in enclosed public places.
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