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Public Health (Wales) Act 2017

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This is the original version (as it was originally enacted).

5Offence of smoking in smoke-free premises or vehicle
This section has no associated Explanatory Notes

(1)A person commits an offence if the person smokes—

(a)in smoke-free premises;

(b)in a smoke-free vehicle.

(2)For provision about smoke-free premises, see sections 7 to 14.

(3)For provision about smoke-free vehicles, see section 15.

(4)It is a defence for a person charged with an offence under this section to show that the person did not know, and could not reasonably have been expected to know, that the premises or vehicle concerned were smoke-free premises or a smoke-free vehicle.

(5)If a person charged with an offence under this section relies on the defence in subsection (4), 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.

(6)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

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