Part 1Smoking: prohibition and control

7Powers to enter and require identification

1

An authorised officer of the appropriate council may enter and search any no-smoking premises in order to ascertain whether an offence under section 1, 2 or 3 has been or is being committed there.

2

A power under this section may be exercised, if need be, by force.

3

A person who—

a

an authorised officer of a council reasonably believes—

i

is committing or has committed an offence under section 1, 2 or 3; or

ii

has information relating to such an offence; and

b

fails without reasonable excuse to supply the officer with the person’s name and address on being so required by the officer,

commits an offence.

4

A person guilty of an offence under subsection (3) is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

5

In this section—

  • “authorised” means authorised for the purposes of this section by the appropriate council;

  • “the appropriate council” means, in relation to no-smoking premises, the council of the area in which those premises are.