Smoking Crowe highlights law's problems, says group

Russell Crowe

Investigations of the Russell Crowe rock concert venues for alleged breaches of the smoke-free law highlight problems with the act, says the industry body representing hospitality businesses.

The Oscar-winning actor, performing with his band the Ordinary Fear of God, was seen smoking at his indoor concerts in Auckland and Wellington last week - in breach of the Smoke-free Environments Amendment Act, which bans smoking in bars, restaurants and casinos. He was told at least once but reacted indifferently.

Hospitality Association chief executive Bruce Robertson said: "I think this highlights the inadequacies in the legislation, where the person lighting up is not actually offending. This seems to be the sort of incident where it should be Russell Crowe that should be prosecuted rather than the venues.

"It would be inappropriate, unfair and unreasonable if they were prosecuted in these circumstances."

It would be different if premises were doing nothing to stop smokers.

But Dr Ashley Bloomfield, the Ministry of Health's chief adviser on public health, said the legal obligation was with the venue owner.

"Our approach has been to work with the owners ... and other employers to help them ensure they are complying with the law.

"In the 15 months since the law came into force the vast majority of apparent breaches have been dealt with by working with the venue owners," said Dr Bloomfield.

"There have only been two completed prosecutions of licensed venues for repeated and blatant violations of the law."