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November 6, 2008

After initial fuss, ban on smoking a non-factor

By Ashley Chamberlain

One year after New Hampshire banned smoking in public places, businesses and state health officials are seeing good compliance and little criticism.

Derry health officer Paul Raiche has received only one complaint since the smoking ban went into effect and said he has received little positive or negative response as of March of this year.

"We get a lot of complaints of various sorts to do with restaurants, but almost none with regard to the smoking ban," he said.

As the health inspector for Derry, Raiche is required to check each restaurant in town twice a year and said he has not seen any violations. If establishments were found in violation where smoking is prohibited, however, he said the fines would be at least $100.

"Personally, from a health point of view and as a health officer, I think the ban is a good thing for the public," Raiche said.

Josh Chaput, manager of AppleBee's Bar and Grille in Derry, said the ban hasn't had an impact on his business either. Chaput said that because the ban was a statewide law, no matter where consumers went, they did not have an option to smoke, and that provided even competition.

"We haven't had too many issues or problems. Business was affected initially for a week or so, but I think people realized it was a statewide law, and so they would be impacted wherever they went," Chaput said.

Ninety-Nine restaurant manager Samantha Rubin said she thinks the ban increased business.

"I think it might have increased business, because people who don't smoke have a more (enjoyable environment) now," Rubin said. "Smokers still come in, and they don't like to have to go outside to smoke, but they do. We have not lost business long-term, because it has happened all over the state."

Mike Dumond, bureau chief for the Prevention Services in the Division of Public Health, said that since the law went into effect, the Tobacco Prevention Program has been receiving an average of 10 calls per week related to second-hand smoke, but most are dealt with over the phone. Most of the calls are questions about how to interpret the law and concerns about restrictions. Dumond said there are no restrictions about smokers standing outside or in front of a restaurant.

However, Dumond said his department has had a few calls with complaints about smoking in establishments, but it has had to make only seven site visits throughout the state since the ban was enacted.

"We have had conversations, and local health officers have gone out to help local establishments, and we have (had) very good compliance with the law," Dumond said. "I think that most of the general public wants to be able to go to a restaurant with no smoking."

According to an informal survey done by Breathe New Hampshire, there was 98 percent compliance right after the law passed.

"Compliance with the law has been very high, and although the businesses were concerned that if they went smoke-free voluntarily, they would lose clientele, with the law they have an even playing field," Dumond said.

Second-hand smoke used to be a large issue in establishments across the state, Dumond said. The smoking ban not only protects clientele, but workers as well, which is another positive impact of the ban.

"The protection of the work force is a benefit of the law passing in New Hampshire. There are 43,000 restaurant and bar workers in N.H. who are now protected from second-hand smoke, and it's good they aren't forced to be subjected to it just because they have to work," Dumond said.

According to the Tobacco Prevention Program, the rate of adults and teens in N.H. who smoke has both dropped since 2000.

, and although Dumond said this is a good sign of a step in the right direction, he would still like to see the numbers go lower than the 19 percent average it is currently. Dumond said the recent drop is due to the increased price of cigarettes and because people are more aware of the health effects of both smoking and second-hand smoke.

With little response in either direction from workers or customers, Rubin said sometimes people don't even know the ban went into effect at all.

"People still come in and request non-smoking," she said.

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