Part 1Smoking: prohibition and control
I1C11Offence of permitting others to smoke in no-smoking premises
1
A person who, having the management or control of no-smoking premises, knowingly permits another to smoke there commits an offence.
2
A person accused of an offence under this section is to be regarded as having knowingly permitted another to smoke in no-smoking premises if that person ought to have known that the other person was smoking there.
3
It is a defence for an accused charged with an offence under this section to prove—
a
that the accused (or any employee or agent of the accused) took all reasonable precautions and exercised all due diligence not to commit the offence; or
b
that there were no lawful and reasonably practicable means by which the accused could prevent the other person from smoking in the no-smoking premises.
4
A person guilty of an offence under this section is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.