What offences are created by the legislation?
The legislation prohibits smoking in public places or workplaces if these are wholly or substantially enclosed, including rooms previously designated as ‘smoking rooms’.
The ban will affect all public premises and work premises which come under the definition of enlcosed or substantially enclosed, and will apply to staff, customers, residents of residential homes or hotels and visitors alike.
Failure to comply with the law will be a criminal offence – there are 3 specific offences:
- failing to display specified no-smoking signs in premises covered by the law (fixed penalty of £200, or maximum fine of £1000 on conviction)
- smoking in a smoke-free place (fixed penalty of £50, maximum fine of £200 on conviction)
- failing to prevent smoking in a smoke-free place (maximum fine of £2500 on conviction)
It will also be an offence to intentionally obstruct an officer authorised of the local authority to enforce the legislation or to fail to assist the officer in the exercise of their functions without reasonable cause (maximum fine on conviction of £1000).
Authorised officers of the local authority will enforce the law and offer businesses support in complying with its provisions. A dedicated all Wales Compliance Line has been set up so that people can register complaints about breaches of the law. All complaints will be passed to the relevant local authority and will be followed up.
