Seychelles

Article 5 imposes a duty on owners of public places and enclosed workplaces to display a notice that smoking is prohibited. The requirements of the notice are set forth in the Tobacco Control (Smoke-Free Notice) Regulations, 2011. Notices are required at each entrance, in each waiting area, and on the wall next to each stairwell of an indoor public place or workplace.

For violation of Art. 5, Art. 25(2) imposes the following penalties:
1) for the first offense, a fine between R5,000 and R10,000 or imprisonment up to two years;
2) for the second offense, a fine between R10,000 and R15,000 or imprisonment up to three years;
3) for subsequent offenses, a fine between R15,000 and R20,000 and imprisonment up to three years.

The Tobacco (Inspections and Penalty) Regulations, 2014 (as amended) also permit an authorized officer to issue a “spot fine” in the amount of R1,000. If the violator cannot pay the amount immediately, he/she has 14 days to pay the fine and discharge any liability for conviction for that offense.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty upon the owner of the premises to post clear signs indicating that smoking is not permitted, and it imposes appropriate fines and penalties that increase with subsequent offenses.

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 impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises.

Article 6 imposes a duty upon owners of public places and enclosed workplaces to ask persons to stop smoking, ask violators to leave the premises, or call the police.

For violation of Art. 6, Art. 25(2) imposes the following penalties:
1) for the first offense, a fine between R5,000 and R10,000 or imprisonment up to two years;
2) for the second offense, a fine between R10,000 and R15,000 or imprisonment up to three years;
3) for subsequent offenses, a fine between R15,000 and R20,000 and imprisonment up to three years.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty upon the owner of the premises to take reasonable steps to prevent a person from smoking, and it imposes appropriate fines and penalties that increase with subsequent offenses.

Article 25(1) imposes the following penalties for smoking where prohibited:
1) for the first offense, a fine between R1,000 and R5,000;
2) for the second offense, a fine between R5,000 and R8,000;
3) for subsequent offenses, imprisonment up to three years.

The Tobacco (Inspections and Penalty) Regulations, 2014 also permit an authorized officer to issue a “spot fine” in the amount of R1,000. If the violator cannot pay the amount immediately, he/she has 14 days to pay the fine and discharge any liability for conviction for that offense.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty on a person not to smoke, and imposes appropriate fines that increase with subsequent violations.