Last updated: December 15, 2020
Duties / Penalties
Post signs
Section 46 of the Public Health (Tobacco) Act 2002 (PHA), (as amended by PHA 2004, Section 15) imposes a duty on business owners to post no-smoking signs. Failure to post no-smoking signs is an offense subject to a fine of up to 3000 Euros or up to three months in prison, or both. (See Section 5 of PHA 2002, as amended by Section 3 of PHA 2004.) The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties. To more closely align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should also provide for higher fines for repeat offenders.
Remove ashtrays
There is no duty imposed upon business owners, employers, and supervisors to remove ashtrays from the premises. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should specify that there is 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)
Sections 47(3) and 47(4) of the Public Health (Tobacco) Act 2002 (PHA) (as amended by Section 16 of PHA 2004) impose liability on business owners and managers if a person smokes on their premises unless they can show that they made reasonable efforts to ensure compliance. Under Section 5 of PHA 2002 (as amended by Section 3 of PHA 2004), violations are subject to a fine of up to 3000 Euros.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties. However, the law imposes the same fine on business owners and managers as it does on smokers. To more closely align with FCTC Art. 8 Guidelines para. 32, higher fines should be imposed upon business owners and managers than smokers who violate the law, to act as a greater deterrent to business owners with greater resources.
Not to smoke where prohibited
Sections 47(1) and 47(2) of the Public Health (Tobacco) Act 2002 (PHA) (as amended by Section 16 of PHA 2004) make it an offense to smoke in a place where smoking is prohibited. Under Section 5 of PHA 2002 (as amended by Section 3 of PHA 2004), violations are subject to a fine of up to 3000 Euros. The fine for smoking in vehicles when children under 18 are present is 100 Euros.
In general, the law imposes the same fine on business owners and managers as it does on smokers. To more closely align with FCTC Art. 8 Guidelines para. 32, higher fines should be imposed upon business owners and managers than smokers who violate the law, to act as a greater deterrent to business owners with greater resources.
