Some Hawke's Bay publicans are "completely frustrated" with the smoking ban legislation but have no choice but to comply with it.
Napier's Royal Tavern manager Diane Durham said the ban would "wreak complete havoc" in her bar but she would not flout the law.
"More than 80 percent of the patrons that drink here smoke and I feel a complete ban is draconian," Ms Durham said.
However "plans were in hand" to build an outside smoking area for their customers and they would enforce the ban inside the tavern.
Other bar owners refused to comment publicly but said they would not break the law.
The Hawke's Bay stance sits at odds with news that some publicans across the country expect to use a loophole in the legislation to get around the ban that comes into place on December 10.
Under the law, the boss or bar manager can escape a fine by showing they have a policy for dealing with smoking and have tried to stop it, whether successfully or not, the Weekend Herald reported yesterday.
All they have to do is put up signs, remove ashtrays and verbally warn smokers to stop, according to one of several pub owners who were unwilling to be named.
Because the law does not allow for individual smokers to be prosecuted, life can then carry on as normal.
"I'll put some planters around the pub with a couple of cactus and some sand so they can use that and I will have my staff telling people you're not allowed to smoke," the publican said.
"But we won't be forcing people to remove their cigarettes or put them out and we won't be removing people from the premises."
Not all publicans agree. Others say they will embrace the extension of existing smokefree legislation which will see smoking banned from pubs, clubs, restaurants and cafes.
Steve Chadwick, the Labour MP responsible for pushing the amendment, conceded that the law could be difficult to enforce but said "it has the right teeth for a good bite".
It was more about education than enforcement and penalties, although there are penalties, and she expects it to be mostly self-policing.
The law says that individual proprietors are liable for a fine of up to $400, or $4000 for a body corporate, but will not be prosecuted if they have taken "all reasonably practicable steps" to stop people smoking.
However, the Ministry of Health cannot define what that means, leaving some publicans frustrated.
The new law has bred a new group of officials, called smokefree enforcement officers, who are being trained to police pubs and bars, going in with video cameras if they want to, and starting legal proceedings if necessary.
Smoking ban draconian: Publican
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