02/04/2007
The No Smoking Ban
THE NO SMOKING BAN
Lisa Guscott, solicitor of Watkins & Gunn explains the new law
The Smoke Free Premises Etc (Wales) Regulations 2007 come into force in Wales at 6:00 am on 2 April 2007.
The New Law
The new law bans smoking in enclosed or substantially enclosed (at least 50% enclosed) public places. It will affect most public premises, including restaurants, pubs, bars, shops, cinemas, shopping centres, leisure centres, work places and work vehicles and public transport.
Exemptions
There are only a few exemptions to cover workplaces that are also a person’s residence such as adult residential homes, hotels and guesthouses which may have designated smoking rooms.
The Offences and Penalties
Offence Fixed Penalty Penalty if convicted at Court
Smoking in a smoke free premises £50 (£30 if paid within 15 days) Up to £200
Failing to display warning notices in a smoke free premises £200 (£150 if paid within 15 days) Up to £1,000
Failing to prevent smoking in a smoke free premises N/a Up to £2,500
Obstructing an Officer authorised by the Local Authority to enforce the law N/a Up to £1,000
Enforcement
Authorised officers of the Local Authority will have powers to enter all no smoking premises in order to establish that the smoke free legislation is being enacted in accordance with the law. They will also be able to give out fixed penalty notices.
Further information can be obtained from the website www.smokingbanwales.co.uk
Lisa Guscott is a solicitor in the Litigation Department of Watkins & Gunn.
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