Smoking

The Smoking (Northern Ireland) Order 2006 proscribes smoking in a range of public places. Smoking refers to smoking tobacco or anything that contains tobacco or smoking any other substance. It includes possession of lit tobacco or anything that contains tobacco or lit substance in a form that can be smoked.

Premises are smoke-free if they are open to the public. Unless they also fall into the next category, they are smoke-free only when open to the public. Premises are smoke-free if they’re used as a place of work and more than one person, even if the persons who work there do so at different times or only intermittently, or where members of the public might attend for the purpose of seeking or receiving goods or services from the person or persons working there, even if the members of the public are not always there.

In the above latter cases, premises are smoke-free even if not open to the public. If a part of the premises open to the public is used as a place of work, the premises are smoke-free only to this extent.

Premises are smoke-free only in those areas where they are enclosed or substantially enclosed. Regulations may prescribe what this means. Premises are open to the public if a section of the public could access them whether by invitation or not.

Regulations may be made providing for exemptions for specified descriptions of premises, areas within descriptions of premises that need not be smoke-free despite the general provision. Regulations may specify premises where a person has his home or is living, whether permanently or temporarily.

The power to make regulations is not exercisable so as to specify any description of premises in which inspection of which licence is enforced or which is a registered club. This does not prevent the power to specify areas within the description of premises above in which the person has his home or is permanently or temporarily living.

Regulations providing exemptions in relation to descriptions of premises and areas that are not may specify that they are not smoke-free in specified circumstances, specified times, or specified conditions are satisfied or any combination of the above. The conditions may include conditions requiring the designation in accordance with the regulations by the person in charge of any premises of any rooms at which smoking is to be permitted.

The Department may make regulations designating smoke-free any places or description of place that is not smoke-free under the above general provisions. The places need not be enclosed or substantially enclosed. The Department may designate a place or description of place under this article only if it is satisfied that without the designation persons there would be likely to be exposed to smoke.

The regulations may provide for places falling within the description to be smoke-free only at specified times, circumstances in specified areas, and/or if the conditions are met.

The Department may make regulations providing for vehicles to be smoke-free. In particular, they may provide for the description of vehicles that are smoke-free, circumstances in which they are to be smoke-free, to be smoke-free in specific areas, and for exemptions.

It’s the duty of a person occupying and managing smoke-premises to make sure that no-smoking signs complying with the provisions of the legislation are displayed in those premises. Regulations may provide for a duty to place smoke-free signs in places that are designated smoke-free in addition to the general prohibition. The requirements of the signs are specified in regulations.

It is an offence to fail to maintain any required sign. The defence is that the person did not know or could not reasonably have been expected to know that the premises were smoke-free or that they did not know or could not reasonably have been expected to know that no-smoking signs comply with the order were not being displayed in accordance with legislation or grounds it was reasonable not to comply with the duty.

If a person smokes in a smoke-free place, they commit an offence. It is a defence to show that they did not know or could not reasonably have been expected to know that it was a smoke-free place. A person guilty of the offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

It’s the duty of the persons who control or are concerned with the management of smoke-free premises to cause a person smoking there to stop smoking. Regulations may apply a corresponding duty in other places where no-smoking is extended.

It is a defence to a charge for the offence that the persons make reasonable steps to cause the person in question to stop smoking but they did not know or could not reasonably have been expected to know that the person in question was smoking or that, on other grounds, it was reasonable for them not to comply with the duty.

An authorised officer of a district council who has reason to believe an offence has been committed may issue a penalty notice in respect to the offence. A fixed penalty notice gives the person the opportunity to discharge liability to conviction by payment of the fixed offence.

It is the duty of the district council to enforce, as respects premises, places, and vehicles in its district, the provisions of legislation. An authorised officer means an officer appointed by the district council and authorised for such. Regulations may be made specifying the qualifications of officers. The Departments may make grants to district councils to defray the expenditure incurred in exercising their functions.

It is an offence to intentionally obstruct an authorised officer of a district council exercising their functions. Any person who fails to give reasonable facilities, assistance, and information which the officer reasonably requires is guilty of an offence. It is an offence to make false and misleading statements to an officer. An offence is subjected to summary conviction and a fine not exceeding level 3 on the standard scale.

The Department makes regulations amending health legislation in relation to the sale of tobacco to persons under 16. They may require warning statements to be displayed in retail premises and vending machines.