Malaysian International Chamber of Commerce & Industry (MICCI) executive director Shaun Cheah said if the ministry was “incapable of proper enforcement”, then it had to be asked if the ban could be properly enforced.
He said difficulties faced by businesses in enforcing the ban included lack of manpower, stubborn customers who ignored warnings, and the risk of restaurants losing customers in an already tough economy.
In 2019, FMT reported restaurant owners as saying they had suffered losses of up to 30% since the ban came into effect.
“A business caters to its customers, so it is against its nature to take action on its customers in enforcing the law unless a serious offence is committed,” Cheah told FMT.
Under the law, smokers can only light up 3m away from restaurants, and restaurant owners can be fined RM5,000 or jailed for up to a year if they allow smoking on their premises.
Center for Market Education CEO Carmelo Ferlito said the current approach put businesses in a tight spot, between respecting the law and keeping their customers.
“Instead, a more balanced approach should be adopted, one where the rights of smokers and non-smokers are considered, for instance, by creating designated smoking areas within premises,” he said.
He said restaurants should not be made enforcers of the smoking ban, but promoters of a fairer regulation that preserved the rights of both smokers and non-smokers.
However, Galen Centre for Health and Social Policy chief executive Azrul Mohd Khalib said compliance by restaurants and enforcement by the authorities must go hand in hand for the smoking ban to succeed.
“Unfortunately, now we see many businesses which continue to enforce the ban, but also many others which don’t, as they believe that the policy doesn’t matter anymore because of a change in government.
“There should be no reason for a reversal. Do seat belts become optional just because there is a change in government?” he asked.
The ban was introduced by the Pakatan Harapan government and implemented in January 2019, and was given the nod to continue by the Perikatan Nasional government.
Last year, FMT reported that several groups had criticised the enforcement of the smoking ban, with the Malaysian Indian Muslim Restaurant Owners Association (Presma) labelling it “unfair” to penalise owners. It lamented the “inconsistencies” in the enforcement of the rules.
On Tuesday, 262 premises around Jalan Bukit Bintang, Jalan Alor and Bangsar were visited by law enforcement officers from the health ministry and Kuala Lumpur City Hall (DBKL). More than 50 notices were issued, with compounds amounting to over RM10,000.