Richard Gleeson
Northern News Services

NNSL (May 26/99) - A city committee has recommended the proposed ban on smoking in city restaurants be banned itself.

The change occurred yesterday, when a city committee struck down parts of the proposed bylaw that banned smoking in all city restaurants, clubs, private recreational facilities and canteens.

The committee also recommended those under 16 patronizing restaurants that allow smoking be required to be accompanied by an adult.

Debate boiled down to a question of how much control the city should exert over privately-run businesses.

"We are definitely treading on the rights of business owners, when we tell them their business is a public place," said Coun. Cheryl Best.

Best was referring to the bylaw's definition of "a public place," which included restaurants and other places the general public has access to.

Coun. Robert Slaven said many court rulings have upheld government's right to define privately owned businesses that cater to the general public as public places.

Slaven also said the argument smoking should be allowed because tobacco is a legal substance, did not wash.

"Sex is legal too," he said. "But if I had sex in the corner of Pizza Hut after dinner I'd get in trouble."

Council's most ardent proponent of a smoking ban, Coun. Kevin O'Reilly said the committee's decision to back off on the proposal to ban smoking everywhere minors are permitted was a big mistake.

"I mean, if we can't make a commitment to that basic principle, I don't know where the rest of this bylaw is going," said O'Reilly.

Residents hoping to see the proposed smoking ban reversed should not be too quick to light up victory cigars.

Only three members of council -- Near, Mayor Dave Lovell and Slaven -- were eligible to vote on committee recommendations.

Council will make the final decision on the matter, likely sometime in late June or early July.

The committee meeting in which the ban was reversed is one of the longest on record.

Tuesday's gathering was a continuation of another three-hour debate that occurred last week. The debate is not over yet and will be reconvened after the return of six councillors from the Federation of Canadian Municipalities annual general meeting in early June.