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Background-- In 2003 the Smoke-free Environments Act 1990 (SFEA) was amended with the aim of making all the inside of hospitality venues (e.g. bars and restaurants), smokefree. This move was consistent with international approaches, which have been shown to produce significant benefits to public health, in particular, a reduction in cardiovascular events following the introduction of such smokefree policies.1-3
Along with the amended Act, the New Zealand Ministry of Health provided an 'open areas calculator' (OAC) to assist in implementing the new law. This OAC is a standard tool for specifying minimum ventilation rates and indoor air quality acceptable to human occupants. The OAC was designed to help enforcement officers determine whether a space was substantially enclosed and therefore an internal or open area. Given that a number of these premises already had alfresco dining areas and courtyards, it was thought to be a useful approach to helping premises adapt to the new law.
Since the new smokefree law became operational in 2004, the physical structure of bars started to change and smoking areas starting appearing within them. A common strategy was, and still is, to recess the main entrance and add bi-fold doors or windows so that front area of the bar is for smoking, but with this area still connecting quite well to the rest of the bar (Figure 1).
Figure 1. A Wellington bar with an "open area" involving a recessed front area for smoking
[Image omitted. See PDF]
The OAC has allowed bar owners the scope for doing this. Studies here and in Australia have shown that this practice results in there being people exposed to hazardous levels of air pollution from secondhand smoke near to, or adjacent to, these smoking areas.4-6
A recent judicial review has thrown a light on this problem, with a judgement that the use of the OAC contradicts the purpose of the Act.7 This means that it is particularly timely to consider...