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Smoking, Health and Social Care (Scotland) Act 2005
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Valid from 26/03/2006
1Offence of permitting others to smoke in no-smoking premisesS
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(1)A person who, having the management or control of no-smoking premises, knowingly permits another to smoke there commits an offence.
(2)A person accused of an offence under this section is to be regarded as having knowingly permitted another to smoke in no-smoking premises if that person ought to have known that the other person was smoking there.
(3)It is a defence for an accused charged with an offence under this section to prove—
(a)that the accused (or any employee or agent of the accused) took all reasonable precautions and exercised all due diligence not to commit the offence; or
(b)that there were no lawful and reasonably practicable means by which the accused could prevent the other person from smoking in the no-smoking premises.
(4)A person guilty of an offence under this section is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
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