The VfGH has yet to make a decision on another application on the subject: The Association of Shisha Bar Operators Austria (VSBÖ) want to be exempted from the smoking ban.

The VfGH has yet to make a decision on another application on the subject: The Association of Shisha Bar Operators Austria (VSBÖ) want to be exempted from the smoking ban.

Shisha bar is a special case

The VfGH has yet to make a decision on another application on the subject: The Association of Shisha Bar Operators Austria (VSBÖ) want to be exempted from the smoking ban. It is argued that no one goes to a shisha bar for any other purpose than smoking a water pipe

Suitable for the topic: How to quit smoking!

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Around 14,000 people die every year in Austria from smoking. Now local owners want to overturn the gastro smoking ban once again planned by the red-black coalition government, then repealed by the turquoise-blue government and finally re-enacted by all parties except the FPÖ at the beginning of July of the year via the constitutional court.

An individual application was submitted to the VfGH for this purpose. « The individual application for the ban on smoking in night-time catering in accordance with the radical non-smoker protection law passed in the National Council on July 2, 2019 with effect from November 1, 2019 was brought to the Austrian Constitutional Court in the morning of August 13, 2019 », it said in a broadcast .

Difference required

The operators of the initiative apparently want to distinguish a «  » night gastronomy «  » from the other restaurants: «  » The background is the situation around the protection of neighbors that has not been thought through to the end, as there are up to 50,000 smokers across Austria at the same time in front of the night-time restaurants Period 10 p.m. to 6 a.m. is to be expected and this will lead to massive noise pollution of the residents’, «  » Stefan Ratzenberger, spokesman for the interest group «  » Night Gastronomy for Resident Protection «  », quoted in a broadcast. The interest group includes around 1,500 companies.

One billion deaths worldwide

Around six million people worldwide currently die from tobacco consumption every year. Without tougher measures being taken, this number will rise to eight million victims by 2030 «  » wrote the British medical journal «  » The Lancet «  » in January 2017, citing a 700-page report («  » The Economics of Tobacco and Tobacco Control «  ») by the US National Cancer Institute (NCI) and the World Health Organization (WHO).https://123helpme.me/ A trillion US dollars in damage (850 billion euros) – from productivity losses and health costs – would be compared to only 269 billion US dollars (2,294 billion euros) in tobacco tax revenues. For the 21st century, around one billion deaths from smoking are expected worldwide.

Lung cancer is currently diagnosed in 1.8 million people worldwide each year. 1.6 million patients die each year. The five-year survival rate is only 15 percent. When it comes to the treatment of bronchial carcinoma, Austria ranks among the leaders worldwide, but the number of new lung cancer cases has increased massively in recent years. There should be twice as many cases by 2030. Above all, more and more women are affected or die from it, wrote the Austrian Society for Pneumology (ÖGP) before World Lung Cancer Day (August 1st).

By the year 2030, an increase of 91 percent compared to 2014 is forecast for women and men, i.e. almost a doubling of lung cancer cases in Austria. While 7,200 men and 5,200 women were diagnosed with lung cancer in 2014, Statistics Austria predicts that there will be around 11,700 men and 11,900 women in 2030. The number of women suffering from lung cancer will thus increase by 129 percent and that of men by 64 percent.

In 1990, 2,598 men and 873 women were diagnosed with lung cancer; in 2009, 2,829 men were diagnosed with lung cancer, and 1,531 women. Statistics Austria forecast 2,948 new cases in men and 2,277 in women for 2020. For 2030, only slightly more new lung cancer cases were forecast for men (2,958) than for 2020, while a significant increase was again to be expected for women with a forecast of 3,208 new cases. Then they will have overtaken the men.

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As the Constitutional Court announced on Wednesday, it has refused to deal with the application of the so-called night gastronomy in the matter of smoking ban. The legislature’s leeway in terms of legal policy has not been exceeded.

Applications are processed by the Constitutional Court, etc. rejected if they do not have a sufficient chance of success against the background of previous case law. «  » Such a case happened here, «  » said a press release.

Several owners of nightspots had appealed to the VfGH against the absolute ban on smoking in restaurants, which the National Council had recently passed in July 2019. In their individual application, they wanted to know how to distinguish night-time gastronomy from the rest of the restaurants, as their visitors would have different age and guest structures as well as different usage behavior than food -service. The smoking ban would also lead to increased nuisance to the residents by the guests smoking outdoors, which could result in further restrictions on the operation of such restaurants.

Question of interest

The VfGH referred to its finding of June 18, 2019 (appeal against the lifting of the general smoking ban in restaurants; note), according to which «  » Smoking tobacco products […] is a social phenomenon that is harmful to health and also endangers other people  » « is. The legislature should therefore not be opposed if it values ​​health protection, in particular the interests of employees, higher than the interests of the operators of catering establishments. The contested regulation does not interfere disproportionately with the legally protected interests of those tradespeople whose catering establishments are visited almost exclusively at night.

The legislature is also free to accept any interference from neighbors as a result of the smoking ban in such restaurants. All the more so since there are commercial and civil law regulations that enable the protection of neighbors, according to the VfGH.

Shisha bar is a special case

The VfGH has yet to make a decision on another application on the subject: The Association of Shisha Bar Operators Austria (VSBÖ) want to be exempted from the smoking ban. It is argued that no one goes to a shisha bar for any other purpose than smoking a water pipe

Suitable for the topic: How to quit smoking!

Read news for 1 month now for free! * * The test ends automatically. More on this ▶Win true wireless earphones from JBL now! (E-media.at) New access (yachtrevue.at) 8 reasons why it’s great to be single (lustaufsleben.at) Salmon shrimp burger with wasabi mayonnaise and honey cucumber (gusto .at) In the new trend: Shock-Down – how long can the economy withstand lockdowns? (trend.at) The 35 best family series for laughing and feeling good (tv-media.at) E-Scooter in Vienna: All providers and Prices 2020 in comparison (autorevue.at)

As the Constitutional Court announced on Wednesday, it has refused to deal with the application of the so-called night gastronomy in the matter of smoking ban. The legislature’s leeway in terms of legal policy has not been exceeded.

Applications are processed by the Constitutional Court, etc. rejected if they do not have a sufficient chance of success against the background of previous case law. «  » Such a case happened here, «  » said a press release.

Several owners of nightspots had appealed to the VfGH against the absolute ban on smoking in restaurants, which the National Council had recently passed in July 2019. In their individual application, they wanted to know how to distinguish night-time gastronomy from the rest of the restaurants, as their visitors would have different age and guest structures as well as different usage behavior than food -service. The smoking ban would also lead to increased nuisance to the residents by the guests smoking outdoors, which could result in further restrictions on the operation of such restaurants.

Question of interest

The VfGH referred to its finding of June 18, 2019 (appeal against the lifting of the general smoking ban in restaurants; note), according to which «  » Smoking tobacco products […] is a social phenomenon that is harmful to health and also endangers other people  » « is. The legislature should therefore not be opposed if it values ​​health protection, in particular the interests of employees, higher than the interests of the operators of catering establishments. The contested regulation does not interfere disproportionately with the legally protected interests of those tradespeople whose catering establishments are visited almost exclusively at night.

The legislature is also free to accept any interference from neighbors as a result of the smoking ban in such restaurants. All the more so since there are commercial and civil law regulations that enable the protection of neighbors, according to the VfGH.

Shisha bar is a special case

The VfGH has yet to make a decision on another application on the subject: The Association of Shisha Bar Operators Austria (VSBÖ) want to be exempted from the smoking ban. It is argued that no one goes to a shisha bar for any other purpose than smoking a water pipe

Suitable for the topic: How to quit smoking!

Read news for 1 month now for free! * * The test ends automatically. More on this ▶Win true wireless earphones from JBL now! (E-media.at) New access (yachtrevue.at) 8 reasons why it’s great to be single (lustaufsleben.at) Salmon shrimp burger with wasabi mayonnaise and honey cucumber (gusto .at) In the new trend: Shock-Down – how long can the economy withstand lockdowns? (trend.at) The 35 best family series for laughing and feeling good (tv-media.at) E-Scooter in Vienna: All providers and Prices 2020 in comparison (autorevue.at)

As the Constitutional Court announced on Wednesday, it has refused to deal with the application of the so-called night gastronomy in the matter of smoking ban. The legislature’s leeway in terms of legal policy has not been exceeded.

Applications are processed by the Constitutional Court, etc. rejected if they do not have a sufficient chance of success against the background of previous case law. «  » Such a case happened here, «  » said a press release.

Several owners of nightspots had appealed to the VfGH against the absolute ban on smoking in restaurants, which the National Council had recently passed in July 2019. In their individual application, they wanted to know how to distinguish night-time gastronomy from the rest of the restaurants, as their visitors would have different age and guest structures as well as different usage behavior than food -service. The smoking ban would also lead to increased nuisance to the residents by the guests smoking outdoors, which could result in further restrictions on the operation of such restaurants.

Question of interest

The VfGH referred to its finding of June 18, 2019 (appeal against the lifting of the general smoking ban in restaurants; note), according to which «  » Smoking tobacco products […] is a social phenomenon that is harmful to health and also endangers other people  » « is. The legislature should therefore not be opposed if it values ​​health protection, in particular the interests of employees, higher than the interests of the operators of catering establishments. The contested regulation does not interfere disproportionately with the legally protected interests of those tradespeople whose catering establishments are visited almost exclusively at night.

The legislature is also free to accept any interference from neighbors as a result of the smoking ban in such restaurants. All the more so since there are commercial and civil law regulations that enable the protection of neighbors, according to the VfGH.

Shisha bar is a special case

The VfGH has yet to make a decision on another application on the subject: The Association of Shisha Bar Operators Austria (VSBÖ) want to be exempted from the smoking ban. It is argued that no one goes to a shisha bar for any other purpose than smoking a water pipe

Suitable for the topic: How to quit smoking!

Read news for 1 month now for free! * * The test ends automatically. More on this ▶Win true wireless earphones from JBL now! (E-media.at) New access (yachtrevue.at) 8 reasons why it’s great to be single (lustaufsleben.at) Salmon shrimp burger with wasabi mayonnaise and honey cucumber (gusto .at) In the new trend: Shock-Down – how long can the economy withstand lockdowns? (trend.at) The 35 best family series for laughing and feeling good (tv-media.at) E-Scooter in Vienna: All providers and Prices 2020 in comparison (autorevue.at)

As the Constitutional Court announced on Wednesday, it has refused to deal with the application of the so-called night gastronomy in the matter of smoking ban. The legislature’s leeway in terms of legal policy has not been exceeded.

Applications are processed by the Constitutional Court, etc. rejected if they do not have a sufficient chance of success against the background of previous case law. «  » Such a case happened here, «  » said a press release.

Several owners of nightspots had appealed to the VfGH against the absolute ban on smoking in restaurants, which the National Council had recently passed in July 2019. In their individual application, they wanted to know how to distinguish night-time gastronomy from the rest of the restaurants, as their visitors would have different age and guest structures as well as different usage behavior than food -service.

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