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Tobacco and Other Smoking Products Act 1998
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Turn the raw legal text into a practical explanation grounded in Tobacco and Other Smoking Products Act 1998.
This section applies if a person contravening section 133 (1) or (2) is directed to stop smoking by— an authorised person; or an occupier of the outdoor eating or drinking place where the contravention is happening; or an employee or agent of an occupier mentioned in paragraph (b) . If the person (the first person ) does not comply with the direction, a person (the second person ) conducting an on-site food service must not provide food or drink to the first person while the first person continues to contravene section 133 (1) or (2) . Maximum penalty—140 penalty units. It is a defence to a charge under subsection (2) for the second person to prove that the second person was not aware, and could not have reasonably been expected to be aware, that the contravention was happening. s 135 ins 2004 No. 47 s 40 amd 2006 No. 46 s 291 ; 2023 No. 16 ss 40 , 3 sch 1 (sec.135-ssec.1) This section applies if a person contravening section 133 (1) or (2) is directed to stop smoking by— an authorised person; or an occupier of the outdoor eating or drinking place where the contravention is happening; or an employee or agent of an occupier mentioned in paragraph (b) . (sec.135-ssec.2) If the person (the first person ) does not comply with the direction, a person (the second person ) conducting an on-site food service must not provide food or drink to the first person while the first person continues to contravene section 133 (1) or (2) . Maximum penalty—140 penalty units. (sec.135-ssec.3) It is a defence to a charge under subsection (2) for the second person to prove that the second person was not aware, and could not have reasonably been expected to be aware, that the contravention was happening.