{"id":10281,"date":"2022-07-08T14:16:25","date_gmt":"2022-07-08T14:16:25","guid":{"rendered":"http:\/\/legalblog.ie\/tobacco-control\/"},"modified":"2024-02-26T19:10:51","modified_gmt":"2024-02-26T19:10:51","slug":"tobacco-control","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/tobacco-control\/","title":{"rendered":"Tobacco Prohibitions"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/tobacco-control\/#Workplaces_Vehicles\" title=\"Workplaces\u00a0 &amp; Vehicles\">Workplaces\u00a0 &amp; Vehicles<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/tobacco-control\/#Public_Health_Education_Institutions\" title=\"Public,\u00a0Health &amp; Education Institutions\">Public,\u00a0Health &amp; Education Institutions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/tobacco-control\/#Hospitality\" title=\"Hospitality\">Hospitality<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/tobacco-control\/#Exemptions\" title=\"Exemptions\">Exemptions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/tobacco-control\/#Obligation_in_Places_Prohibited\" title=\"Obligation in Places Prohibited\">Obligation in Places Prohibited<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/tobacco-control\/#Regulations\" title=\"Regulations\">Regulations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/tobacco-control\/#Vehicle_Offences\" title=\"Vehicle Offences\">Vehicle Offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/tobacco-control\/#Powers_of_an_Garda_Siochana\" title=\"Powers of an Garda S\u00edoch\u00e1na\">Powers of an Garda S\u00edoch\u00e1na<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/tobacco-control\/#Fixed_Charge_Notice\" title=\"Fixed Charge Notice\">Fixed Charge Notice<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Workplaces_Vehicles\"><\/span>Workplaces\u00a0 &amp; Vehicles<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Smoking is prohibited in a wide range of places.\u00a0A person who is guilty of an offence under the Act shall be liable on summary conviction to a class D fine.<\/p>\n<p>It is prohibited in indoor workplaces and most indoor places and vehicles to which the public has access.<\/p>\n<p>Smoking is prohibited in outdoor places of work, including outdoor areas or service businesses. There is an exemption for outdoor areas covered by a fixed or immovable roof, provided that not more than 50 percent of the perimeter is surrounded by one or more walls.<\/p>\n<p>The smoking ban applies to aircraft, trains, ships, vessels and public service vehicles.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Public_Health_Education_Institutions\"><\/span>Public,\u00a0Health &amp; Education Institutions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Smoking is prohibited in all public buildings belonging to or in the occupation of government, commissioner of public works or any body established by law.<\/p>\n<p>Smoking is prohibited in hospitals and most residential healthcare facilities.\u00a0 Hospitals, sanatoriums, laboratories, clinics, and healthcare centres are included.<\/p>\n<p>There are exemptions for rooms within nursing homes, hospitals and psychiatric institutions.\u00a0 In the latter cases of residential healthcare facilities, smoking in the patient&#8217;s room is restricted, though not necessarily prohibited.<\/p>\n<p>Smoking is prohibited in most educational facilities.\u00a0 This includes childcare facilities, preschools, primary and secondary schools, university and vocational facilities.\u00a0 There is an exemption for rooms used solely for living accommodation, in which case smoking is restricted.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Hospitality\"><\/span>Hospitality<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Smoking is prohibited in shops, stores, restaurants and cultural facilities.\u00a0 It is prohibited in cinemas, theatres, concert halls and places used for indoor public entertainment.<\/p>\n<p>It is prohibited in bars, pubs, nightclubs, and casinos. Smoking is prohibited in hotels and lodging houses.\u00a0 Smoking in guest bedroom is restricted.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Exemptions\"><\/span>Exemptions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are exemptions for<\/p>\n<ul>\n<li>hotel, guest rooms,<\/li>\n<li>prisons,<\/li>\n<li>living accommodation in \u00a0higher education facilities,<\/li>\n<li>accommodation in nursing homes,<\/li>\n<li>hospices,<\/li>\n<li>psychiatric institutions.<\/li>\n<\/ul>\n<p>In some of these, especially the latter places, \u00a0there are restrictions and workplace smoking is prohibited.<\/p>\n<p>Prisons are exempted from the smoking ban, although in practice, they have designated no smoking or smoking zones.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Obligation_in_Places_Prohibited\"><\/span>Obligation in Places Prohibited<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Smokers are obliged not to smoke in smoke-free zones.\u00a0 The smoker be convicted of an offence subject on summary conviction to a fine up to \u20ac3,000.<\/p>\n<p>Owners of businesses must erect non-smoking signs.\u00a0 Failure to do so is an offence, subject to a fine of up to \u20ac3,000 or three months in prison or both on summary conviction.<\/p>\n<p>Business owners, employees and supervisors must remove ashtrays from the premises.<\/p>\n<p>Owners and managers must take steps to ensure that people do not smoke on their premises.\u00a0 They must make reasonable efforts to ensure compliance with legislation.\u00a0 Failure to do so constitutes an offence subject to the above sanctions.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Regulations\"><\/span>Regulations<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister may make regulations prescribing any matter or thing referred to in this Act as prescribed or to be prescribed. Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.<\/p>\n<p>There is a prohibition on smoking tobacco products in mechanically propelled vehicles in which the child is present. The smoking by a person (including a child) of a tobacco product in a mechanically propelled vehicle in a public place and in which a child (or another child if the person smoking is a child) is present is prohibited.<\/p>\n<p>A person who contravenes this obligation is guilty of an offence. A child is a person under 18 years of age.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Vehicle_Offences\"><\/span>Vehicle Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a person who commits the offence is not the driver of the mechanically propelled vehicle concerned, the driver shall also be guilty of an offence. In proceedings for an offence, it shall be presumed, until the contrary is shown, that a person who was present in a mechanically propelled vehicle in which the commission of the alleged offence occurred and who appeared to a member of the Garda S\u00edoch\u00e1na, at that time, to be a child, was, at that time, a child.<\/p>\n<p>In proceedings for an offence under this section, it shall be a defence for a person to show that he or she reasonably believed that any person who was present in the mechanically propelled vehicle in which the commission of the alleged offence occurred had attained the age of 18 years.<\/p>\n<p>In proceedings for an offence brought against the driver of the mechanically propelled vehicle concerned, it shall be a defence for that person to show that he or she-<\/p>\n<ul>\n<li>\u00a0was, by reason of his or her driving of that vehicle, unable to prevent the commission of the alleged offence under subsection (2) by another person in that vehicle or<\/li>\n<li>made all reasonable efforts to prevent the commission of the alleged offence under subsection (2) by another person in that vehicle.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Powers_of_an_Garda_Siochana\"><\/span>Powers of an Garda S\u00edoch\u00e1na<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A member of the Garda S\u00edoch\u00e1na may, where it appears to him or her that a person in a mechanically propelled vehicle in a public place and in which a child, or a person who appears to be a child, is present, is smoking a tobacco product-<\/p>\n<ul>\n<li>require the driver to stop the vehicle, and<\/li>\n<li>demand of any person in the vehicle whom the member suspects of committing an offence under section 2 , his or her name and address.<\/li>\n<\/ul>\n<p>A person who-<\/p>\n<ul>\n<li>fails to stop a mechanically propelled vehicle in compliance with the requirement or<\/li>\n<li>on a demand being made of him or her, fails or refuses to give his or her name and address or gives information which is false or misleading,<\/li>\n<\/ul>\n<p>shall be guilty of an offence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Fixed_Charge_Notice\"><\/span>Fixed Charge Notice<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a member of the Garda S\u00edoch\u00e1na has reasonable grounds for believing that a person is committing or has committed the above, he or she may serve on a person personally or by post at the address at which the person ordinarily resides or, at the time of the alleged offence, gave to the member or another member of the Garda S\u00edoch\u00e1na, a notice (&#8220;fixed charge notice&#8221;) in the prescribed form stating that-<\/p>\n<ul>\n<li>the person is alleged to have committed the offence,<\/li>\n<li>the person may, during the period of 28 days beginning on the date specified in the notice, make to a person specified in the notice at the address specified in the notice a payment of the prescribed amount accompanied by the notice,<\/li>\n<li>if the person does not make the payment specified in paragraph (b), during the period of 28 days beginning on the expiration of that period, the person may make a payment as specified in the notice of an amount 50 per cent greater than the prescribed amount referred to<\/li>\n<li>the person is not obliged to make the payment and<\/li>\n<li>a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice, and if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.<\/li>\n<\/ul>\n<p>Where notice is served under &#8211;<\/p>\n<ul>\n<li>the person to whom the notice applies may, during the period specified in the notice, make to a person specified in the notice at the address specified in the notice the payment specified in the notice, at the appropriate time so specified in relation to the payment, accompanied by the notice,<\/li>\n<li>the person so specified may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it,<\/li>\n<li>A prosecution in respect to the alleged offence shall not be instituted during the period specified in the notice, and if the payment so specified is made during the period, no prosecution in respect to the alleged offence shall be instituted.<\/li>\n<\/ul>\n<p>A prosecution in respect of an offence under section 2 shall not be instituted unless a fixed charge notice in respect of the alleged offence has been served on the person concerned under this section and the person fails to pay the appropriate amount of the fixed charge in accordance with the notice at the appropriate time specified in the notice in relation to the payment.<\/p>\n<p>In a prosecution for an offence, the onus of proving that payment in accordance with a fixed charge notice has been made lies on the defendant.<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-10281\" data-postid=\"10281\" class=\"themify_builder_content themify_builder_content-10281 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Workplaces\u00a0 &amp; Vehicles Smoking is prohibited in a wide range of places.\u00a0A person who is guilty of an offence under the Act shall be liable on summary conviction to a class D fine. It is prohibited in indoor workplaces and most indoor places and vehicles to which the public has access. Smoking is prohibited in [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[136],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10281"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=10281"}],"version-history":[{"count":11,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10281\/revisions"}],"predecessor-version":[{"id":32349,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10281\/revisions\/32349"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=10281"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=10281"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=10281"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}