Last updated: August 26, 2024
Enforcement Authorities
Authorized Agency
Jurisdiction
Duty to Enforce
Authorized officer of the appropriate Council
Council area in which the premises are located
No
Analysis
Enforcement officers have enforcement and inspection authorities. Enforcement officers assess whether premises comply with the legislation by determining whether owners, occupiers, managers or persons in control of premises have taken all reasonable precautions to deter smoking. The protocol states that “enforcement action should be taken forward only when the seriousness of the situation warrants it.” Inspection is either proactive, i.e., to confirm compliance or reactive, i.e., in response to a complaint. Because the enforcement officer has discretion on whether to bring an enforcement action, the law is interpreted as not imposing a duty to enforce.
