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Councils caught out not enforcing tobacco laws
24 September 2011
Reports recently released to AMA Victoria under Freedom of Information have revealed that thousands of Victorian businesses breach tobacco regulations each year and that local councils are failing to prosecute these breaches.
“Local councils are putting the public’s health at risk by not adequately enforcing tobacco regulations,” AMA Victoria President Dr Harry Hemley said.
The Department of Health provides funding to local councils through the Municipal Association of Victoria to provide education about, and enforcement of, the Tobacco Act. Annual reports show that over 2,000 breaches of tobacco regulations are observed by council staff each year.
“These breaches are not trivial. They include allowing smoking in enclosed licensed venues or workplaces, not displaying health warning signs and advertising discount cigarettes,” said Dr Hemley.
“It is particularly concerning that so many retailers continue to sell cigarettes to minors. If teenagers begin smoking they risk a lifetime of addiction and illness.”
The annual reports show that more than one in ten retailers sold cigarettes to minors during test purchases conducted by local councils.
“Despite the number of observed breaches, local councils almost never fine or prosecute businesses. If tobacco regulations are not enforced they aren’t worth the paper they’re written on,” said Dr Hemley.
Dr Hemley’s comments followed reports this week that Frankston City Council will not be continuing its ban on smoking in outdoor dining areas.
“It is very disappointing that Frankston City Council is taking this backward step. Smoking is still the largest preventable cause of death and disease in Australia. Bans on smoking in communal areas reduce the harms of second hand smoke and the number of individuals smoking.”
“Local councils have an important role to play in reducing the harmful effects of tobacco. They must enforce the regulations that are already in place and adopt new measures such as bans on smoking in outdoor dining areas.”
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Results of observed breaches by council staff
on visits to retailers, licensed venues, eating areas and other businesses |
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July 2006 – June 2007
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July 2007 – June 2008
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July 2008 – June 2009
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July 2009 – December 2009
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|
Observed
Breaches |
2344
|
2430
|
2147
|
1068
|
|
Resulting
Fines |
8
|
7
|
26
|
2
|
|
Resulting
Prosecutions |
0
|
6
|
2
|
0
|
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Results of ‘sales to minors’ test purchasing program
|
||||
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July 2006 – June 2007
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July 2007 – June 2008
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July 2008 – June 2009
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July 2009 – December 2009
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|
Test sales
conducted |
1460
|
1523
|
1882
|
957
|
|
Test sales
completed |
143
|
202
|
231
|
136
|
|
Resulting
Prosecutions |
2
|
3
|
2
|
2
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