Tobacco (Health Promotion and Protection) Act, 1988

Prohibition or restriction on consumption of tobacco products.

2.—(1) The Minister may, by regulations, either prohibit or restrict the consumption of tobacco products in a designated area or a designated facility.

(2) Without prejudice to the generality of subsection (1) of this section, regulations under this section may do all or any of the following:

(a) prohibit or restrict the consumption of tobacco products in such aircraft, train, public service vehicle or other facility as may be specified;

(b) prohibit or restrict the consumption of tobacco products in such part of a health premises as may be specified;

(c) prohibit or restrict the consumption of tobacco products in such part of a school, as may be specified;

(d) prohibit or restrict the consumption of tobacco products in such part as may be specified of a building to which the public has access and which belongs to, or is in the occupation of—

(i) the State, or

(ii) a body established by or under an Act of the Oireachtas;

(e) prohibit or restrict the consumption of tobacco products in a cinema, theatre, concert hall or in such other place of indoor public entertainment as may be specified.

(3) Any person who contravenes any provision of regulations made under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.

(4) The owner, manager, or other person in charge, of a designated area or a designated facility who fails, neglects or refuses to ensure that the prohibitions and restrictions which apply to that area or, as the case may be, that facility, are complied with, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500, or to imprisonment for a term not exceeding six months or, at the discretion of the court, to both such fine or such imprisonment.

(5) In a prosecution of an offence under this section, it shall be a defence to establish that the owner, manager, or other person in charge, as the case may be, had taken all reasonable steps to ensure that the prohibitions and restrictions applying to the designated area or designated facility concerned had been fully complied with.