The tobacco industry and others argue against legislation restricting smoking in restaurants because it will result in a decrease in sales. However, a US Cornell University study found that ultimately, smoke-free legislation is likely to have a positive impact on restaurant industry revenues. They advise other cities and municipalities to seriously consider similar legislation.(107a)
A recent US study concluded that regulations making bars smoke-free also appears to have no negative economic impact on business . The study was undertaken by researchers at the University of California, San Francisco.(107b)
Australian restaurant patrons are overwhelmingly in favour of having the option to dine in an environment free of tobacco smoke.
A series of surveys on public opinion about smoking in restaurants has been undertaken by the Anti-Cancer Council of Victoria.(108,109,110) These surveys show that over the past five years in Victoria, both smokers and non-smokers have increasingly favoured separate areas for smoking (Table 6.1). In 1990, 95% of all respondents (including 91% of smokers) favoured separate areas, and 39% of the sample supported a total ban on smoking in restaurants. Hill's findings have been confirmed by research in other states.(111,112,113,114,115,116)
The 1990 survey for Victoria also showed that offered a choice, two-thirds of the total sample would choose to sit in a smokefree area. This included 85% of the non-smokers and one-third of the smokers(110) (Table 6.2). Surveys from New South Wales(113,116) and South Australia(114) report similar findings.
A Victorian survey of restaurant patrons in 1991 has shown that if smokefree dining were freely available, 64% of diners would preferentially select a restaurant which offered smokefree areas, while 9% would try to choose a restaurant with no smoking restrictions.(117)
In a referendum held by the North Sydney Council in the same year, 71.8% of voters polled 'yes' to the question 'Should all restaurants in the Municipality be required by Council to provide a separate area for non-smokers?'. The mayor of North Sydney stated that the Council would not be seeking to make the provision of smokefree dining areas a legal requirement, but would contact the owners of all restaurants in the municipality and suggest that they offer non-smoking areas.(118)
There is no doubt about the wishes of the paying public who patronise Australian restaurants. So why are they not being given access to the smokefree air they prefer? The answer probably lies at least in part in the restaurant-goers' reticence to express their preference: a survey by the Central Sydney Health Promotion Unit showed that only 27% of people ever requested smokefree dining.(118) A New South Wales study confirms that there is a wide gap between public preferences and the restaurateurs' perception of those preferences.(119) Opposition among restaurateurs to introducing a total or partial smoking ban is generally based on concerns about the difficulty of altering layout or making separate areas within their restaurant, and fear of causing social friction within and between groups of diners. Another fear is that of losing custom: that if they voluntarily impose smoking restrictions, they will lose smokers to their competitors . (This is the same reservation which was expressed by the airlines prior to bans being enforced by the federal government; although happy to comply with legislation which affected all carriers, they were unwilling to take individual action).
Health agencies in several states have encouraged restaurants to consider making smokefree areas available, assisting with advice and appropriate signage. The hospitality industry prefers self-regulation and the introduction of voluntary restrictions, and in some states has encouraged this approach. However self-regulation has not been effective. In New South Wales, where self-regulation has been promoted, research has shown that in 1990 fewer than 2% of surveyed restaurants were totally smokefree and only 22% provided some smokefree areas.(119)
In July 1992 the restaurant chain Pizza Hut Australia went smokefree. Management reported that the response received from the public was overwhelmingly positive.(120) In April 1993 fast food chains Hungry Jack's and company owned Kentucky Fried Chicken both introduced complete smoking bans(121) and company owned McDonald's followed suit in March 1994.(122)
As discussed in Section 6.2 above, restaurateurs are presumably obliged, as employers, to provide a safe workplace for their employees, and for those who visit their premises. On this basis, it could be argued that smokefree dining is mandated under current Occupational Health and Safety legislation. At least two Australian workers have received compensation for developing passive smoking related disease in the course of their work in places of public entertainment (hotel bars and a casino -- see Section 6.4 above).
