Commentary on Sections Part 3.Tobacco and Nicotine Products Chapter 1 - Smoking Section 5 - Offence of smoking in smoke-free premises or vehicle
16.This section makes it a criminal offence to smoke in smoke-free premises or in a smoke-free vehicle. The offence may only be tried in the magistrates’ court and is punishable on conviction by a fine not exceeding level 1 on the standard scale. The levels on the standard scale are set out in section 37 of the Criminal Justice Act 1982. A fixed penalty notice may be issued by an authorised officer instead of prosecution (see section 27).