The onus was on them to ensure compliance with the smoking ban at eateries, said tobacco control expert Dr Zarihah Mohd Zain, who helped draw up smoking regulations in Malaysia.
She told FMT this was not unlike the requirement for restaurant owners to ensure that customers abide by Covid-19 rules.
“Most of the time, enforcement officers cannot be present, but you hardly see customers without masks,” she said.
Two associations representing restaurant owners recently said the fining of their members for the smoking offences of customers was unfair.
Malaysian Indian Muslim Restaurant Owners Association vice-president Abdul Muktahir M Ibrahim said many of its members had been issued summonses for smoking violations.
Wong Teu Hoon, president of the Malaysia Singapore Proprietors General Association, said uncooperative customers were the ones at fault, not restaurant owners.
Restaurant owners have also said stubborn customers would sometimes verbally abuse their workers for telling them not to smoke.
The prohibition on smoking at food premises came into effect in January last year under the Control of Tobacco Product (Amendment) Regulations 2018.
Health minister Khairy Jamaluddin recently called for stricter enforcement against smoking at food premises now that dine-ins are allowed.
Under the law, business owners are responsible for ensuring that no one smokes in designated no-smoking areas.
“If owners are faced with rude behaviour from smokers, they should record it,” Zarinah said.
“They can also call the health office. When enforcement teams raid their premises, they can show proof of their efforts.”
She said some restaurant owners would not tell smokers off for fear of losing patronage or due to a lack of commitment in following rules. “That is why the health ministry needs to carry out regular enforcement exercises.”
Malaysian Consumers Movement secretary-general Sukhdave Singh also said enforcement was key to the success of the smoking ban.
“Public participation is important,” he said. “Many tend to ignore the rules as there is no or limited enforcement.”
Sukhdave added that for the regulations to be successfully implemented, restaurant owners should be held responsible for failing to ensure that customers do not smoke.
“This should be treated just like the enforcement of Covid-19 SOPs.”
He said uncooperative customers should be reported to the authorities.
He suggested that the contact details for enforcement authorities be prominently displayed at restaurants so the public could alert them of violations.