What must businesses do to enforce the legislation?
• Firstly, an occupier must not do anything to facilitate smoking such as providing ashtrays, and any required ‘no smoking’ signs should be obvious, but need not be intrusive. • Secondly, if a person is seen smoking in a smoke free area they should be: • asked to stop smoking; and • told that it is an offence to smoke in that area; and • if they continue to smoke, asked to leave the smoke-free area. • It may be effective to simply suggest to the person that they go outside if they wish to smoke, especially if the business has created an outdoor smoking area.
