Wales

Under the Health Act 2006, 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.

The Smoke-free Premises Regulations 2007 specify the size and text of the signs. At least one no-smoking sign must be displayed in a prominent position at or near each entrance to the smoke free premises. The no-smoking sign must: 1) be flat and rectangular and at least 160mm by 230mm; 2) display the no-smoking symbol, and 3) contain the words, “No smoking. It is against the law to smoke in these premises” and its equivalent in Welsh. The law does not require the sign to provide a phone number or another way to report violations. The regulations provide separate specifications for signs that are required to be posted in smoke free vehicles.

The Health Act 2006 provides that non-compliance with these requirements results into a fine. Under the Smoke-free (Penalties and Discounted Amounts) Regulations 2007, the fixed penalty for an alleged offense relating to the display of no-smoking signs is £200 and the discounted amount £150.

The legislation 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.

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.

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. The maximum fine for such violation is £2,500.

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.

The legislation 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.

The Health Act 2006 provides that a person guilty of smoking in a smoke free place is liable on summary conviction to a fine. Under the Smoke-free (Penalties and Discounted Amounts) Regulations 2007, the fixed penalty for an offense of smoking in a smoke free place is £50 and the discounted amount £30.

The legislation 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.