Casino smoking lounge to be reconsidered

Sky City says it will work to comply with smoke-free laws after a High Court judge ruled the Ministry of Health can't use its calculator for deciding if a room can be considered "open" for smoking.

The Cancer Society, along with the Salvation Army and the Problem Gambling Foundation, took health authorities and Sky City to court, arguing the Auckland casino's Diamond Lounge broke the rules of the Smoke-free Environments Act.

The lounge is a roofed area ventilated by louvres and gamblers can smoke there because the ministry's "open areas calculator" classes it as an open area.

Justice Rodney Hansen said the Ministry of Health calculator, which takes into account the room's area, openings and airflow to determine whether a room is "substantially enclosed" or not, is contrary to the Act.

He said the ministry cannot legally replace a simple factual question of whether a space is substantially enclosed by an airflow calculation, and asked it to reconsider the decision in this light.

Sky City general counsel Peter Treacy said the ministry had used the calculator for years and it had potential implications for many other venues.

He said it was important to note the case was about the ministry's calculator and not a ruling on the Diamond Lounge.

"Should the Diamond Lounge be found not to be an open area following this judgment, Sky City will work to comply with the law."

Cancer Society national health promotion manager Jan Pearson says the society is delighted by the result, saying it was the logical outcome given what the Act says.

A ministry spokesman said it would be reviewing the judgment and considering the long term implications for workplaces and licensed premises.

Cigar aficionados get fired up for festival

One had only to follow the nose to find the 2013 Tampa Cigar Festival taking place beside the Hillsborough River this weekend.  Stogie and cheroot aficionados from across the country gathered at Cotanchobee Fort Brooke Park, south of the Forum in downtown Tampa, to sit back and enjoy their passion.  “When you clip a cigar, you have to smoke it, so you’ve given yourself permission to relax for an hour,” said Bill Snyder of Sarasota as he perused one of many smoke shops set up at the festival  The consensus among this crowd was that cigar smoking is a lot more about relaxation and camaraderie than the actual act of smoking.  Tampa remains Cigar City, a hotbed for cigars short, slim, long and fat, with such names as La Bamba, Romeo and Juliet, Diamond Crown and Cuesta-Rey Centenario Aristocrat.  “It’s a celebration of cigars, and cigars are a celebration,” said festival organizer Vienna Fuente, whose father-in-law, Arturo Fuente, started his famous cigar company in Tampa in 1912.  Fuente said the festival is all about bringing together people of like minds who enjoy the fellowship that cigars tend to offer. It also brings in support for local cigar retailers and means money in the bank for hotels and restaurants, she said.  Fuente said she expected this year’s festival attendance to hit 5,000.  Proceeds from a silent auction at the festival and a portion of the profits will go to Friends of Tampa Recreation, a nonprofit group that seeds new ideas, rewards initiative and promotes recreational programs offered by Tampa.  For Roy Santarella of Hudson, the festival was a great excuse to party with friends from across the country. At his table he had gathered friends from Pittsburgh, San Francisco, Rochester, N.Y., Stamford, Conn., and Cleveland.  “I’ve been smoking cigars for 20 years, and I find it very relaxing,” Santarella said as the nationally syndicated Cigar Dave radio show aired live from the festival and blared from nearby microphones. “It’s a fraternal kind of recreation.”  One couple came all the way from Wasilla, Alaska, for the festival. Irma and Marcel Bijak found the cigar fest a great excuse to get away from minus-5 degree temperatures and into the sunny mid-80s weather on Saturday.  “I was at the Smoke on the Water festival in Buffalo last year, and when I heard about this one I told Irma, ‘We need to go.’ And I’ve seen some of the same faces here I saw in Buffalo. It’s just a great way to socialize and vacation.”