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Cardiff businesses failed to prevent smoking in smoke-free places

Shared Regulatory Services (SRS) has successfully prosecuted four Cardiff-based businesses for failing to prevent smoking in a smoke-free place in accordance with The Health Act 2006 and Smoke-Free Premises etc. (Wales) Regulations 2007.  

September 23rd, 2019

During unannounced visits by Officers in February and June 2019, the businesses were permitting the smoking of charcoal lit Snapping a cigaretteshisha pipes and/or cigarettes in either fully, or substantially, enclosed areas. The Smoke-free Premises etc. (Wales) Regulations 2007 prohibit smoking in enclosed public places, work places and work vehicles. Failure to display No Smoking signs is also an offence.

The operator of Barons Shisha in Cardiff pleaded guilty to offences of failing to prevent smoking in a smoke-free place; failing to display ‘No Smoking’ signage in a smoke-free place; and encouraging or assisting persons to commit an offence by allowing them to smoke in a smoke-free place. The operator was fined £600, ordered to pay costs of £240 and a victim surcharge of £30.

The operator of Kaya in Cardiff pleaded guilty to offences of failing to prevent smoking in a smoke-free place; failing to display ‘No Smoking’ signage in a smoke-free place; and encouraging or assisting persons to commit an offence by allowing them to smoke in a smoke-free place. The company was fined £1500, ordered to pay costs of £175 and a victim surcharge of £50.  The director was fined £600, ordered to pay costs of £175 and a victim surcharge of £30.

The operator of Cloud in Cardiff pleaded guilty to offences of failing to prevent smoking in a smoke-free place and encouraging or assisting persons to commit an offence by allowing them to smoke in a smoke-free place. The company was fined £1000, ordered to pay costs of £150 and a victim surcharge of £50.  Both directors were fined £400 each, ordered to pay costs of £150 each and a victim surcharge of £30 each.

The operator of Sahara Nights in Cardiff was found guilty of failing to prevent smoking in a smoke-free place and failing to display ‘No Smoking’ signage in a smoke-free place. The company was fined £3080, ordered to pay costs of £175 and a victim surcharge of £77.  The director was fined £2640, ordered to pay costs of £175 and a victim surcharge of £66.

Chair of the Joint Committee for Shared Regulatory Services, Eddie Williams said:

“For a number of years now virtually all enclosed and substantially enclosed public spaces, workplaces and vehicles in Wales have been smoke-free. It is hugely important for businesses to understand the dangers of second-hand smoke to the public. Exposure to second-hand smoke can increase a non-smoker's risk of getting lung cancer by 24% and the risk of getting heart disease by 25%, as well as being associated with many other medical conditions like respiratory disease and other types of cancer. 

“This intervention by our officers reiterates the zero tolerance stance we are taking in the enforcement of smoke-free legislation across Bridgend, Cardiff and Vale of Glamorgan.”

The smoking ban applies to anything that can be smoked, including cigarettes, pipes (including shisha and hookah pipes), cigars and herbal cigarettes. The premises covered by the ban include anywhere with a roof and which are enclosed by more than 50% walls. That could include covered walkways in shopping malls, pubs and workplaces. The ban also covers work vehicles, including taxis.