Ban Damage: Germany Ban Damage

Germany Hard Cuts for 28% of German Pubs and Restaurants


German man faces flat eviction for smoking
31 July 2013
A court in Germany has ruled that a man who smokes in a rented flat can be evicted if the smoke gets into public areas of an apartment block.
The Dusseldorf court’s verdict followed a complaint from the landlady of the building where Friedhelm Adolfs lives.
She and other residents said that they could smell the smoke in the stairwell.
The 74-year-old heavy smoker had argued that his flat was not completely sealed and he could not help it if smoke seeped under the door to public areas.
In its ruling, the Dusseldorf district court said that other residents of the apartment block should not be expected to endure an “unacceptable and intolerable odour”.
It said, therefore, that Mr Adolfs – who has lived in the flat for 40 years – could be evicted, although he had a right of appeal.
At the same time, the verdict maintained that people had a basic right to smoke in their own homes.
Smoking is banned in public places in Germany, but special rooms are set aside in restaurants.
There had been public demonstrations by smokers against what they describe as draconian, totalitarian attitudes. But Germany is also home to some smokers with a high public profile.
Former Chancellor Helmut Schmidt, 94, for example, insists on smoking through television interviews: in one appearance, he smoked 13 cigarettes on camera, the BBC’s Steve Evans in Berlin reports.
Mr Schmidt’s political colleague also said that he had stockpiled 38,000 menthol cigarettes at his home in anticipation of a ban by the European U nion.

Another Ban Failed:
Hamburg’s smoking ban goes up in smoke
21 Feb 12
The Constitutional Court, based in the southwestern town of Karlsruhe, ruled that smoking bans must be imposed on restaurants and bars alike, or not at all.
Hamburg’s unique smoking ban – the matter is decided at state, not federal, level in Germany – says that bars that only offer drinks are allowed to keep a separate smoking room, while places that offer food are not. The Karlsruhe judges decided that this was a violation of the German constitution’s articles safeguarding fair competition.
Hamburg restaurants are now allowed to install separate smoking rooms until the city’s authorities come up with a new ruling.
The court also said that the same conflict does not exist in any other German state, where there are either blanket smoking bans or exceptions for smoking rooms.
The ruling was sparked by a legal complaint from the manager of a motorway service station, who wanted to install a separate smoking room for her customers – she said that 80 percent of them were smoking truck drivers.
The court based its decision on evidence from the German Cancer Research Centre, which said that “from a scientific point of view, it makes no difference if the toxic substances in tobacco smoke are inhaled in a bar or a restaurant.”
Almost all German states allow exceptions to their smoking bans in bars and restaurants. Only Bavaria and Saarland have imposed a total ban.

A large proportions of the gamblers are smokers, casinos suffer from smoking bans.
In Germany, the casinos are state-owned. So the states basically harms itself with smoking bans.
Information (in German)
Very recent news: In France and Germany, casinos have lost 15-20 % of their revenue, mainly because of the smoking ban, the German state of Saarland (at the French border), the losses are only 8,7 % smaller, because casinos can circumvent the ban.
Last month: The smoking ban is mentioned as the one reason why the German states of Brandenburg and Berlin lose tens of millions of Euros of money that they get from the casinos (and which is partly spent for charity purposes). A major casinos in Berlin has 25 % less customers, all casinos in Berlin together have 10-15 % losses in revenue.
July: Casinos in the German State of Bremen are losing revenues
Earlier this year: Casinos in the German states of Hamburg, Schleswig-Holstein and Lower Saxony have 25-30 % less revenue than in the previous year. The smoking ban is mentioned as the main reason.
July: 19 % loss of revenue in German casinos, the smoking ban is mentioned as a main reason:
June: A powerful trade u nion demans lower taxes to compensate for the losses in the casino sector in the German State of Lower Saxony, jobs are at stake
May: The casinos in the German state of Saxony-Anhalt get state subsides because of their losses (because of the smoking):

And a lot of similar news from Germany.
And remember, that in none of these states there are total bans. Separete and smaller rooms for smokers are allowed.
And one info from Switzerland this week:
The casino in Lugano has lost 20 % of their revenues due to the smoking ban since April. About half of Swiss gamblers are smokers. Now that have invested 3 million Swiss Francs (almost 3 million US$) for a “fumoir” on a complete floor with modern ventilation in order to become more attractive for smokers.

Smoking Ban Proves Costly for German Bars
Apparently, cigarettes go better with beer than food
The fears of Germany’s bar owners have become reality, as the first official statistics revealed a sharp drop in revenue since the state smoking bans took effect last year.
Bars and pubs, whose main business is selling beverages, have been hit hardest by the new smoking bans, according to statistics released by the Federal Statistical Office on Friday, June 6. Eateries, restaurants and cafes faired better.
In the fourth quarter of 2007, revenue dropped by 14.1 percent more than the previous year for bars located in states with smoking bans. Those in states without bans collected only 8.8 percent less than during the same period in 2006.
“The majority of the guests appreciate the smoking ban when they’re eating,” Julius Wagner from the German Hotel and Restaurant Association (Dehoga) told AP news agency. He added that sales suffered in particular in smaller pubs that aren’t able to offer a separate smoking room.
The association has said it advocates making exceptions to the ban for one-room pubs. Germany’s Constitutional Court in Karlsruhe is slated to examine the matter this coming week.
Industry already plagued with financial woes
Baden-Wuerttemberg and Lower Saxony were the first states to introduce smoking bans in August 2007, with Hesse following in October.
Sales in beverage-oriented pubs and bars in states with smoking bans dropped by 9.8 in the third quarter of 2007, 3 percent more than in the rest of the country.
An additional nine states implemented smoking bans at the beginning of 2008. Though a first-quarter loss of 4.6 percent was registered for pubs and bars in the 14 states with bans, the statistical office said a comparison with the other two states was not possible.
Restaurants and eateries in states with smoking bans recorded a 0.8 loss compared to the first quarter last year.
Dehoga has said that gastronomic revenues have already been slipping over the past several years, due to a 2007 increase in value-added tax, higher beer prices and soaring energy costs.

Smoking ban drove German barkeeper to suicide
April 8, 2008
BERLIN – A GERMAN barkeeper who hanged himself left behind a suicide note blaming a new public smoking ban for his decision, Bild newspaper reported on Tuesday.
Uli Stegmaier, 60, saw takings at his pub in the southern town of Balingen fall by 20 per cent following the implementation of the smoking ban in the state of Baden-Wuerttemberg in August 2007, the paper said.
His brother in law, Helmut Rathmann, told Bild: ‘His suicide note dealt exclusively with his bitterness about the smoking ban.
‘It was not aimed at his family but at politicians.’
Mr Stegmaier, owner of the Baeren bar for the past 30 years, hanged himself in the attic of his farmhouse. He leaves a wife and five children.
Friends and family said he had campaigned against the ban because he feared that it would force him to close the pub.
In recent post on the Internet he wrote: ‘The state is riding roughshod over the rights of barkeepers and threatening the livelihood of many.’
Mr Rathmann said Mr Stegmaier had donated money to activists who want to take the regional government to court in a bid to have the ban reversed.
Germany has implemented a ban on smoking in bars and restaurants across most of the country in recent months. In the majority of states it took effect on Jan 1.

German resistance to smoking bans proves tough
Nation joins the anti-tobacco trend, but reluctantly.
March 09, 2008
BERLIN — From French cafes to British pubs, smoking has been snuffed out of European public life little by little over the past four years.
But kicking the habit hasn’t been so easy for Germany, where smoking has long been part of everyday life.
“I’ve been smoking since I was 10,” Loki Schmidt recently told the daily Bild am Sonntag newspaper. “I won’t stop.”
Even former Chancellor Helmut Schmidt has been accused of flouting recent smoking bans by lighting up — along with his wife — at a swanky theater.
On Jan. 1, half of Germany’s 16 states introduced bans on smoking in public places including restaurants and bars, joining three other states that had implemented their own bans.
The rest of the country is set to implement smoking restrictions by the end of the year.
For the first time this year, the beer tents at Oktoberfest — the annual two-week celebration of the national brew — are supposed to be smoke-free.
But the measures largely have fallen short of the near-total bans in other parts of Europe, with most German states still allowing smokers to puff away in smaller enclosed smoking sections.
A new airline, Smintair, plans to “reinstate the liberty of smoking in all seats” beginning with an inaugural flight from Dusseldorf to Tokyo later this year.
In restaurants and bars, smokers have come up with novel ways to get around the new prohibitions.
For example, many establishments have transformed themselves into “smokers’ clubs.” Anyone who pays a small fee — sometimes as paltry as 1 euro (about $1.47) — can enter and smoke as usual.
In a blow to the anti-smoking movement, a constitutional court in a southwestern German state announced in February a relaxation of the smoking ban for one-room corner pubs, pointing out that 80 percent of some small pubs’ clientele are smokers.
The move could prompt other courts around Germany to follow suit.
“Some one-room bar owners have started to file suits in court against the smoking laws, and this is a real problem,” said Martina Potschke-Langer, a doctor at the German Cancer Research Center in Heidelberg. “Germany has changed a lot, but the legislation is still not sufficient because we need to be completely smoke-free.”
She said that Germans boast an anti-authoritarianism streak that tends to make the population more resistant to all-out prohibitions.
About 36 percent of men and 28 percent of women are smokers, numbers not too far from the worldwide average of 30 percent.
An estimated 130,000 people die each year in Germany as a result of tobacco-related illnesses.
But nearly 20 percent of German youth — ages 12 to 17 — continue to light up.
In France, where there also are ardent pockets of resistance to a smoking ban, only about a quarter of the general population smokes.
Even German politicians have found ways to get around the smoking ban.
The German media recently reported that Hamburg’s interior minister, Udo Nagel, an avid pipe smoker, has had his office declared an official “smoking room.”
A Europe-wide anti-smoking movement began four years ago when Ireland banned smoking in public places.
A similar movement had taken off in the United States, where laws have grown increasingly stringent.
Friedrich Wiebel, president of the German Medical Action Group on Smoking and Health, an anti-smoking organization, agreed that Germany has been lagging on this issue for years.
But he said he hopes that this is finally starting to change.
Wiebel said resistance to smoking bans has mostly been organized by the tobacco industry as well as by those in the hospitality sector worried about the bans’ economic impact.
“Legislation against passive smoking is now well accepted by the general population,” he said.
Barbara Geier, a spokeswoman for the German National Tourism Board, said it’s too early to tell whether the new smoking regulations will have any effect on German businesses.
“So far, we haven’t heard any negative reactions,” she said.

German puts out cigarette with fire extinguisher
Feb 19, 2008
BERLIN (Reuters) – A virulent anti-smoker in Germany was so angry when his girlfriend lit up he emptied a fire extinguisher to put out the cigarette, caking her and their apartment in powder.
“My colleagues said it looked like a bomb had gone off in there,” said a spokesman for police in the western city of Bielefeld. “He managed to put the cigarette out though.”
After the woman ignored his request not to smoke, the 42-year-old sprayed the contents of the extinguisher all around the flat shouting abuse, police said.
“He said he wasn’t bothered by the damage it caused,” the spokesman said. “And that he’s through with his girlfriend.”

New Study of CHD Expert on Smoking Ban
Hard Cuts for 28% of German Pubs and Restaurants

November 27, 2007

Survey of 550 restaurant manager in Lower Saxony and Baden-Wuerttemberg shows: Over 70% can’t invest in own smoking lounges

For more than 28 percent of the German pubs and restaurants in Lower Saxony and Baden-Wuerttemberg the smoking ban means hard cuts in turnover with guest declines of over ten percent. Since August this year in the hospitality industry of this two German states smokers have to smoke outside or in separate rooms or lounges if available. For the other
German states – except Hesse – smoking bans for pubs and restaurants are in preparation and will be imposed in early 2008.

This is one of the results of the first study on the smoking ban’s effect on pubs and restaurants in Germany. In October 2007 over 550 restaurant and pub managers in Lower Saxony and Baden-Wuerttemberg have been surveyed by CHD Expert Group regarding their experiences with the smoking ban.

‘For 43 percent of the pubs and restaurants there is a significant decline in guests and marks the small bars with only one guest room as losers of the smoking ban,- Managing Director of CHD, Thilo Lambracht says. The guest decline of ten percent and more for 28 percent of the pubs and restaurants could thread their business model dramatically, Mr. Lambracht points out. Not a few of them are menaced by bankruptcy.

More than 70 percent of the pubs and restaurants aren’t able to invest in separate smoking rooms. Only one-fifth could declare a separate room for smokers.

In Germany a smoking ban is obtained for nearly all public rooms and houses since autumn this year. The smoking bans for pubs and restaurants depend on several laws of the 16 German states.

Overview of smoking bans in pubs and restaurants in Europe

Ireland – since March 2004
Scotland – since March 2006
England, Wales, North Ireland – since summer 2007
Italy – since January 2005
Malta – since April 2005
Sweden – since June 2005
France – to be expected in January 2008
Finland – since June 2007

Source: Green Paper of the European Commission “Towards a Europe free from tobacco smoke: policy options at EU level”, January 2007

About CHD Expert Group: For ten years the CHD Expert Group (CHD) supports the industry in collecting, managing and analyzing business data in the Away-from-Home market. Now CHD Expert Group is recognized as the market’s global leader and hold four million records across Europe and North America. The Away-from-Home market is enjoying phenomenal growth worldwide.

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