Smoking

Under the Health Act 2006 officials of local authorities have been given certain powers to enter vehicles and premises (other than private dwelling houses not open to the public) for purposes which they consider necessary in order to carry out various investigatory and enforcement functions under the smoking-ban legislation. The official need not give any prior notice, but may only enter at a reasonable hour. If the official has been, or is likely to be refused entry where the Act permits him to enter, or if the premises are empty, he or she may seek a warrant from a magistrate authorising entry for one month . The Act also permits the official entering your vehicle or premises to take samples of, or to take with him, substances or products that he or she finds there, or asks you to produce.

It is an offence not only intentionally to obstruct such an official, but also without reasonable cause to fail to give such an official any facilities, assistance or information which the official reasonably requires of you for the performance of his enforcement and investigatory functions. The maximum punishment on conviction is a fine at level 3 (currently £1,000).

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