Smoke-free (Exemptions, Vehicles, Penalties and Discounted Amounts) Regulations (Northern Ireland) 2007, No. 138 (as amended)

The Smoke-free (Exemptions, Vehicles, Penalties, and Discounted Amounts) Regulations (Northern Ireland) 2007 serve the purpose of implementing and enforcing smoke-free legislation in Northern Ireland. These regulations were part of efforts to protect public health by prohibiting smoking in enclosed public places and workplaces.

Key requirements outlined in the regulations include:

1. Smoking Prohibition: These regulations prohibit smoking in enclosed or substantially enclosed public places, workplaces, and certain vehicles. This includes indoor areas such as restaurants, bars, offices, and vehicles used for work purposes.
2. Exemptions: While the regulations establish a general smoking ban, there are specific exemptions outlined. Some exemptions may apply to designated smoking rooms or certain vehicles where smoking is allowed under specific conditions.
3. Penalties: The regulations stipulate penalties for violations, including fines for individuals caught smoking in prohibited areas or employers who fail to enforce the smoking ban. Penalties can be imposed by enforcement officers.
4. Discounted Amounts: The regulations may outline circumstances where discounted penalties or fines may apply, such as early payment discounts.

These regulations apply to the entire region of Northern Ireland and affect a wide range of establishments, including public places, workplaces, and various vehicles used for work. It is essential for businesses and individuals in Northern Ireland to be aware of these regulations to ensure compliance with smoke-free laws and promote public health by reducing exposure to secondhand smoke.

The Smoke-free (Exemptions, Vehicles, Penalties, and Discounted Amounts) Regulations (Northern Ireland) 2007 outline specific evidence requirements to ensure compliance with the smoking ban in enclosed public places, workplaces, and certain vehicles. These requirements are crucial for enforcing the legislation effectively.

1. Evidence of Smoking: The regulations require clear evidence that smoking has occurred in a prohibited area. This may include direct observation of an individual smoking, photographic or video evidence, or credible witness statements.
2. Evidence of Non-Compliance: For employers and business owners, evidence may be required to demonstrate that they have not taken reasonable steps to prevent smoking in their premises or vehicles. This could involve records of efforts to enforce the ban, such as signage, staff training, or communication with employees and customers.
3. Evidence of Exemptions: In cases where an exemption applies, there must be clear and documented evidence to support the claim. For example, if a designated smoking room is in place, there should be evidence of compliance with the specific requirements for such a room.
4. Evidence for Penalties: If penalties are being imposed, there should be a well-documented record of the violation, including details of the person or establishment involved, the date and time of the incident, and any relevant circumstances.
5. Record Keeping: It is advisable for businesses and employers to maintain detailed records related to smoking ban compliance. This may include records of staff training, communication with employees and customers, and any actions taken to prevent smoking on the premises.
6. Photographic or Video Evidence: Photographic or video evidence can be particularly useful in cases where direct observation of smoking is challenging, or for documenting the condition of designated smoking areas.

Compliance with these evidence requirements is crucial for the effective enforcement of the smoking ban under the Smoke-free (Exemptions, Vehicles, Penalties, and Discounted Amounts) Regulations (Northern Ireland) 2007. It ensures that penalties are applied fairly and in accordance with the law, ultimately contributing to the overall success of smoke-free initiatives in Northern Ireland.