Public Health (Wales) Act 2017

17 Signs: smoke-free premises

(1) A person who occupies or is concerned in the management of smoke-free premises must make sure that signs are displayed in those premises in accordance with regulations under this subsection.

(2) Regulations under subsection (1) may make provision as to how the signs are to be displayed and may specify requirements to which the signs must conform (for example, requirements as to content, size, design, colour or wording).

(3) Regulations under this subsection may provide for a duty corresponding to that mentioned in subsection (1) in relation to—

(a) premises which are treated as smoke-free by virtue of section 13,

(b) vehicles which are treated as smoke-free by virtue of section 15,

to be imposed on a person, or person of a description, specified in the regulations.

(4) Regulations under subsection (1) or (3) may include provision about the signs to be displayed in premises, areas of premises or vehicles that, by virtue of regulations under section 13(5), 15(3)(d) or 16, are to be treated as not being smoke-free, but that would otherwise be smoke-free under or by virtue of this Chapter.

(5) A person who fails to comply with the duty in subsection (1), or any corresponding duty in regulations under subsection (3), commits an offence.

(6) It is a defence for a person charged with an offence under this section to show—

(a) that the person did not know, and could not reasonably have been expected to know, that the premises were smoke-free (or, as the case may be, that the place or vehicle was to be treated as smoke-free),

(b) that the person did not know, and could not reasonably have been expected to know, that signs complying with the requirements of this section were not being displayed in accordance with the requirements of this section, or

(c) that on other grounds it was reasonable for the person not to comply with the duty.

(7) If a person charged with an offence under this section relies on a defence in subsection (6), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(8) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) Regulations under this section may not make provision in respect of premises used to any extent as a dwelling.