Can you ban non-smokers from pubs?

Question

Obviously you would have no punters from the 1st of July, but would banning non-smokers be victimisation or an attack on personal liberties?

Answer 1

You cannot ban non smokers from a pub, thats why they bought the new laws in on smoking in public places. If people wish to smoke and socialise they will do it in the comfort of their own homes

Answer 2

I agree. I am a non smoker, and i dont really care if the pub or whereever lets people smoke in it. I CHOOSE to be there, around people smoking, so if i dont wanna be around the smoke than i dont go to that place. I think you should be allowed to smoke whereever you want. If a non-smoker doesnt wanna be around the smoke, than THEY CAN GO SOMEWHERE ELSE. Besides, most people that drink, also smoke. You are losing A LOT more patrons by banning smokers. I know this, if i was a smoker, i would not go to a pub that didnt let me have a smoke with my beer.

Answer 3

By law, private companies can establish whatever rules for their places of business as they wish (as long as it doesn't violate the law). As there is not a court precedent for your scenario at present, yes, they would be allowed to ban non-smokers from a pub which they owned at this time(although I don't know how they would check something like that, haha)

This would easily be challengable in court though (I'm not saying whether they'd win or lose, just that it'd be challengable). To explain it very simply, the whole idea is that of personal liberties versus the rights of others. In the case of banning smoking from pubs, your personal liberty to smoke is trumped by the rights of others to not have to endure smoke (which has been proved to be harmful) in an environment that they wish to attend. This can be applied to public areas, in which they are tax payers, or in the private sector when the owner of an establishment does not want to deter them away from his or her business. Consider it a license to discriminate for the public good if you will.

This argument would be more difficult to make in the reverse connotation, since it would be hard to argue any majority rights that are being violated by someone NOT smoking, while his or her personal liberty is being violated through a discrimination that would be hard to validate as for the public good.

Another thing to consider is that non-smoking facilities simply ban smoking, not the people who smoke. Banning non-smokers would be banning people, not an act. Just something else to consider.

I hope this helps!

Answer 4

laws on smoking vary from state to state and even by county and city, so location would be a big factor.

I think in most places a private business owner can set his/her own rules about what can be done at their business, I went to a bar recently where you were required to be drinking if you were playing pool, I guess you could require people to smoke,

Smokers don't smoke constantly, so there would be no way to tell the difference between a smoker who is between cigarettes and a non-smoker, unless you paid close attention to each person in the bar. Bartenders/owners don't have that kind of time. Plus, since bars don't actually sell and make money from cigarettes, they don't typically care whether or not you smoke, only whether or not you buy the alcohol that they are selling.

As far as it an being unfair violation of personal liberties, no thats a bunch of BS that I don't agree with for a second.

Answer 5

To ban the non smokers would mean a loss of business for the pub owner & discrimination against them for not being smokers.

Answer 6

Technically speaking you can't ban non-smokers because anyone who is not smoking at that VERY SECOND is a non smoker. But technically most bars and restaurants have the "right to refuse service to anyone" You probably would not want to let anyone know the reason they are not allowed in though

Answer 7

What would your reason be for banning a non smoker from some where? A reason is surely needed to ban some one from a place. Smoker are you?

Answer 8

You can if it is privately owned. In Arizona USA they have banned smokers from almost everywhere. If a bar(pub) wants to allow smokers they have to put in a separate room with ventilation to the outside.

Answer 9

On what grounds could you do that? The reason smokers are about to be banned is because their pastime affects not only their health but the health of everyone around them.
Not smoking doesn't do that.

Answer 10

This isn't parallel to banning smoking in pubs and other public places. What has been banned there is an activity, not a class of people. One a more practical note, how would you enforce this? Would you boot everyone who didn't have a cig in their mouth at that moment? Would you have a bouncer force everyone to light one up before they get in?

Answer 11

The State of Ohio has just done that as have other states and even specific cities. So far I do not know of any courts who have ruled against a community who bans smoking for health reasons.