Despite public outcry from pub owners and customers, District of Squamish council made it clear this week it is not ready to amend their bylaw prohibiting patrons from smoking on patios.
Grizzly Pub owner John Dancy and Cliffside Pub owner Thelma Yamaguchi have circulated a petition signed by smokers and non-smokers and each sent a letter asking council to allow smoking on patios because of numerous problems the bylaw is causing.
The bylaw states that no smoking is allowed on patios and any smoking has to be at least three metres away from any entrance to an establishment.
It was passed in July 2008 and after several noise complaints from patio areas made it clear the bylaw wasn't being enforced, the bylaw officers started routine checks to ensure regulations be respected.
"To me, smoking is one of the most significant health issues in our society and I wouldn't want to support anything that facilitates it," said Coun. Doug Race. "It's like encouraging people to take drugs or something."
Dancy and Yamaguchi outlined collective concerns over potential loss of business from restricting smoking on patios. They outlined some of the issues - increased noise from smokers no longer contained to patios, litter and debris spread about the perimeter of the businesses and members of the public having to pass through smoke-filled areas to get to their business premise.
They also said it was a potential risk for patrons who leave their drinks unattended while leaving to smoke outside, tabs that went unpaid from guests who left the establishment to smoke and end up leaving and patrons who overconsume by drinking too quickly to avoid leaving their drink unattended for any period of time.
They also note increased costs to have staff monitor the perimeter of the bars, unused or wasted patio space and lastly, the unfair advantage of establishments on First Nations lands who are exempt from municipal bylaws and only have to adhere to provincial bylaws.
The provincial regulation is less stringent, stating that any smoking patio has to be half enclosed.
Staff member Kristine Day recommended at Tuesday (June 7) Committee of the Whole meeting that council not amend the current bylaw, and it was clear from council members comments she was preaching to the choir.
"The province needs to come in line with us and not vice versa," said Coun. Rob Kirkham.
Day said that contrary to pub owners' suggestions there is more noise on the perimeters of their businesses, there have not been increased noise complaints from bars since the bylaw was enforced. She also made it clear that drink safety was not the municipality's responsibility.
"The issues of drink safety and owner consumption remain the responsibility of the owner of the drink, the consumer of the drink and the seller of the alcohol," said Day.
Squamish municipality decided to pass more stringent measures only four months after the provincial regulation came into effect and Day said this makes the community a leader.
"In a Vancouver Sun on Friday June 4, there was an article saying the city of Vancouver is meeting this week to recommend a ban on smoking in public parks, similar to what's already been done in Squamish and other nearby cities and communities," she said.
"The article goes on to call those municipalities leaders and I would like to see the District of Squamish remain that."
Kirkham moved to support the motion not to amend the current bylaw and Lonsdale seconded it. The motion passed unanimously
Race said the issues brought to light in the pub owner's letters seemed manageable.
One option discussed by council was an establishment's ability to create a smoking area outside the patio area that still had some sort of distinct perimeters similar to a designated smoking area in Brennan Park.
Day said that one establishment, the Ocean Port, has already implemented an area of that nature.
Ocean Port owner Scott McQuade didn't send a letter or petition but he is supportive of amending the bylaw for two reasons.
He said "it would keep his and other drinking establishments on an even playing field with the ones on Squamish Nation lands, and that in a liquor primary establishment where only adults are allowed to frequent they can decide for themselves to be near smokers or not."
He has designated an area to the side of his patio as the smoking zone but said it's risky and harder to manage because there's always the potential for people to bring their drinks off the patio.
Day reminded council members that according to Vancouver Coastal Health, smoking bans in public places are recognized as the most effective means for reducing exposure to second hand smoke and they are not making the choice for anyone.
"The choice to smoke or not to smoke will always remain the choice of the individual despite restrictions that exist or don't resist," said Day.
