Smoking (Prohibition) Act 2004:An Act to promote public health by prohibiting smoking in public buildings.

Section 1: It shall be an offence to smoke tobacco products in -

1. An aircraft, train, ship or other vessel, or public service vehicle;
2. A cinema, theatre, concert hall or other place normally used for public entertainment;
3. All or part of a licensed premises, or place of work.

Section 2: There shall be displayed at all times at all premises to which members of the public have access, a sign indicating clearly that smoking is prohibited.

Discuss whether the Act has been breached in each of the following situations:

1. Dylan is arrested while smoking a cigarette at an open air rock concert and charged with an offence under s 1(b). He claims that the Act is intended to deal with smoking in buildings and does not apply to smoking outside.
2. Charles is arrested while smoking in pipe in a pub. He claims that he is smoking a herbal mixture which does not contain tobacco and is not therefore covered by the Act.
3. Sharon and Tracey, who are students, are arrested while smoking cigarettes in the college caf. They believe they should not be convicted because they were unaware that smoking was prohibited in the caf because the college authorities had failed to display a 'no smoking' notice in accordance with s 2 of the Act.