Last updated: December 6, 2021

Enforcement Authorities

Authorized Agency
Duty to Enforce

Authorized officer of the appropriate Council

Council area in which the premises are located

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.