Anti-smoking law in Cyprus

The new anti-smoking law 75(I)/2002 (hereinafter called ‘the New Law’) will come into force on the 1^stof January 2010 and will replace the old Law 51/80 which is currently into force.

Section 20 of the New Law provides that upon the New Law coming into force, Law 51/80 will become annulled.

Section 2 of the New Law defines the ‘places’ where smoking is prohibited.  According to Section 2“places where smoking is prohibited” include, inter alia, places opened for the public for entertainment purposes such as restaurants, bars, cafeterias, discos and clubs (hereinafter called ‘the Prohibited Places’).

Section 10 (1) of the New Law provides that “smoking by anyone is banned in all Prohibited Placesexcept in external or internal open-air areas”.

The New Law does not specify what “external or internal open-air areas” mean or include. Furthermore we have no examples of previous case law which would have explained the way a Court would interpret Section 10 and in particular the term “open-air” areas.

By giving an ordinary meaning to the wording of Section 10, we are of the opinion that smoking from the 1.1.2010 will be forbidden in all in-door/enclosed areas within Prohibited Places. As opposed to the Law which currently exists, smoking would be forbidden even in designated smoking in-door/enclosed areas in Prohibited Places.

According to the representatives of the responsible authorities, ‘in-door and/or enclosed area’ would be considered by them as one which has ceiling or roof and is wholly enclosed either on a permanent or temporary basis. Therefore even a temporary construction such as marquee or tent which is enclosed, shall not fall within the exception of Section 10.

PENALTIES

Failure by an individual to comply with Section 10 of the New Law shall constitute a criminal offence and would be liable, in case of conviction, to a maximum fine of € 2000, (Section 10 (3)).

The law is not restricted only to those who actual commit the offence (i.e smoke in a Prohibited Place) but it also imposes liability to anyone who controls or manages such a Prohibited Place to prevent anyone from smoking in them (Section 10(2)).

Thus, in case where an individual breaches the New Law by smoking in a Prohibited Place then thephysical person or legal entity who controls or manages the Prohibited Place will be also held liable under the New Law and a fine of maximum €2000 will also be imposed in case of conviction (Section 10(3)).

Also Section 13(1) provides that the manager/possessor of a Prohibited Place has an obligation todisplay a specific signage in a prominent position which must state that “smoking is prohibited” in characters which are easily readable. Failure by the manager/possesor to display a signage would result to a fine of maximum €1000 in case of conviction.

DEFENCE

According to Section 10(2) any liability under Section 10 (1) will be discharged and it will be considered as a full defence if it shown by the physical person or legal entity who controls or manages a Prohibited Place that all necessary and reasonable steps have been taken in order to meet the requirements of the New Law.

One of the factors which shall be taken into consideration in examining whether all necessary and reasonable steps have been taken is the existence and the display of smoking prohibition signage in prominent positions in a Prohibited Place. Also another indication, that all reasonable and necessary steps have been taken, would be demonstrated by the removal of all ashtrays and matches from all the areas in a Prohibited Place.

Additionally, the staff of a Prohibited Place should be trained in a way that they fully understand their responsibilities under the New Law. The staff should be prepared to take action if someone smokes in the Prohibited Place. In accordance to English regulations which are  useful for guidance purposes, the staff of a Prohibited Place should immediately (i) draw the attention to the no-smoking signs, (ii) ask him/her to stop smoking (iii) point out that he/she is committing a criminal offence by smoking in a Prohibited Place, (iv) remind and/or inform him/her that under the New Law he/she is committing a criminal offence which in case of conviction is punishable with a fine of maximum €2000 and that (v) if he/she does not obey to the orders of the staff then the staff should refuse to serve them and (vi) ask him/her  to leave the Prohibited Place.

10^th of December 2010