Wales smoking regulations published
The Welsh Assembly has published the regulations for the smoking ban giving details of what it considers an outside area from April 2, 2007.
As expected, the guidelines in-line with existing English and Scottish regulations, say that pubs must have prominent 'No Smoking' signs in the bar, and also specify that outdoor smoking shelters must have at least 50 per cent of their walls uncovered.
Licensees could be fined £200 for failing to display no smoking signs - which could rise to a maximum of £1,000 if convicted - and could also be fined up to £2,500 for failing to stop customers from smoking in their premises.
Customers will face fines of £50 if found smoking and could face conviction with the maximum fine rising to £200.
A spokesperson for the Welsh Assembly said: "Authorised officers within each local authority will enforce the new law across Wales. They will work closely with businesses in order to build compliance through advice and support.
"The intention is that enforcement action will be considered only when the seriousness of the situation warrants it and that it will be fair, proportional and consistent. In Ireland and Scotland, where smoking bans are already in place, the legislation has been largely self-policing, with very high rates of public compliance and support."
The regulations say:
Meaning of "enclosed" and "substantially enclosed" premises
• Premises are enclosed if they have a ceiling or roof and, except for doors, windows and passageways, they are wholly enclosed either permanently or temporarily.
• Premises are substantially enclosed if they have a ceiling or roof and any openings in the walls have a total area which is less than half of the area of the walls, including other structures which serve the purpose of walls.
• No account is to be taken of openings in which there are doors, windows or other fittings which can be opened or shut.
• In this regulation "roof" includes any fixed or moveable structure or device.
Offences and penalties
• Individuals may be liable to a fixed penalty of £50 for smoking in smoke-free premises. In cases of prosecution and conviction, the maximum fine is £200.
• The manager or person in control of any smoke-free premises could be fined a fixed penalty of £200 for failing to display no smoking signs. In cases of prosecution and conviction, the maximum fine is £1,000.
• The manager or person in control of any smoke-free premises could be fined up to £2,500 for failing to prevent others from smoking in those premises.
