Last updated: August 28, 2024

Duties / Penalties

Duty Imposed Upon Business Owners / Employers / Supervisors
Duty Imposed
Sanction(s)

Post signs

Yes
Fine
Analysis

Under the Public Health (Wales) Act 2017, there is a duty on the person who occupies or is concerned in the management of smoke-free premises to make sure that no-smoking signs are displayed in those premises.

At least one no-smoking sign must be displayed. The sign must contain a legible graphic representation of a burning cigarette enclosed in a circle with a bar across the circle which crosses the cigarette symbol. The law does not require the sign to provide a phone number or another way to report violations.

The Public Health (Wales) Act 2017 provides that non-compliance with these requirements results into a fine. The fixed penalty for an alleged offense relating to the display of no-smoking signs is £200 and the discounted amount £150.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that the legislation specifies monetary penalties for the violation in an amount sufficiently large to deter violations.

Remove ashtrays

No
None
Analysis

There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays from the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises.

Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)

Yes
Fine
Analysis

There is a duty on any person who controls or is concerned in the management of smoke free premises to cause a person smoking there to stop smoking. A person guilty of an offense under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Similarly, the driver of a vehicle required to be smoke free under the law has a duty to cause any person who is smoking in the vehicle to stop smoking. A person guilty of an offense for violating this duty is subject to a fine not exceeding level 4 on the standard scale.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it specifies fines or other monetary penalties for violations and the penalties are sufficiently large to deter violations.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine
Analysis

The Public Health (Wales) Act 2017 provides that a person guilty of smoking in a smoke-free place is liable on summary conviction to a fine. The fixed penalty for an offense of smoking in a smoke-free place is £100 and the discounted amount £75.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for fines or other monetary penalties for violation that are sufficiently large to deter violations.