Part 1Smoking: prohibition and control

7Powers to enter and require identification

(1)

An authorised officer of the appropriate council may enter and search any no-smoking premises in order to ascertain whether an offence under section 1, 2 or 3 has been or is being committed there.

(2)

A power under this section may be exercised, if need be, by force.

(3)

A person who—

(a)

an authorised officer of a council reasonably believes—

(i)

is committing or has committed an offence under section 1, 2 or 3; or

(ii)

has information relating to such an offence; and

(b)

fails without reasonable excuse to supply the officer with the person's name and address on being so required by the officer,

commits an offence.

(4)

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

(5)

In this section—

authorised” means authorised for the purposes of this section by the appropriate council;

the appropriate council” means, in relation to no-smoking premises, the council of the area in which those premises are.