The Act – Overview Part 1 – Tobacco, Nicotine Vapour Products and Smoking Chapter 3 – Smoking Outside Hospitals Section 4A: Offence of permitting others to smoke outside hospital building
62.Subsection (1) makes it an offence for a person who has management and control of a no-smoking area to knowingly permit smoking there.
63.Subsection (2) provides that a person knowingly permits smoking if the person should have known that someone was smoking in the no-smoking area.
64.Subsection (3) provides that it is a defence for an accused to show that the accused (or an employee or agent of the accused) took all reasonable precautions and exercised all due diligence to avoid committing the offence, or that there were no lawful and reasonably practicable means by which the accused could have prevented the smoking in the no-smoking area. The onus is, however, on the accused to prove this.
65.Subsection (4) provides that a person who commits the offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale (currently £2,500).