TfL Ref: FOI-0766-1718
 
Thank you for your email received by us on 28 June 2017 asking for information about smoking offences.  Please accept my apologies for the delay in responding to your request.
 
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.  I can confirm that we hold some of the information you require. You asked:
 
1. How many passengers have been caught smoking cigarettes, marijuana or e-cigarettes (after the ban on e-cigarettes on public transport in 2016) on tubes or buses from 2013 - present day or the last date where data is held. 
 
TfL does not hold this information. Passengers caught smoking are informed of the ban and requested to stop smoking by members of staff who are authorised persons under the applicable Byelaws (see below).  In the vast majority of cases this results in their compliance and details are not recorded. 
 
 
2. What is the punishment for offenders
 
On the rare occasion on which a passenger refuses to comply with a request from a member of staff they are asked to leave the station or bus/train etc using removal powers of authorised persons under the Byelaws.  Police are called to deal with those who refuse to cooperate, are abusive or threaten violence.  Police are also authorised persons under the Byelaws and may also remove persons in addition to exercising their other powers. You may wish to refer your request to the relevant policing agency. Buses are policed by the Metropolitan Police Service (MPS) and trains (including London Underground, Docklands Lightrailway, Crossrail, London Overground and National Rail Services) and trams are policed by the British Transport Police (BTP).  You can find out how to submit an FOI request on www.met.police.uk/foi and www.btp.police.uk/foi respectively.
 
The TfL Railway Byelaws apply to London Underground, Docklands Light Railway and London Overground services and regulate the use and working of, and travel on, the railway and railway premises and the conduct of all people while on those premises. Railway services operated by other train operating companies are subject to the National Railway Byelaws, a copy of which can be obtained from the relevant operators.
http://content.tfl.gov.uk/railway-byelaws.pdf
Any person who breaches any of the Byelaws commits an offence and may be liable for each such offence to a penalty not exceeding level 3 on the standard scale – currently £1,000. 
 
The TfL Road Transport Premises Byelaws apply to bus garages, stations, shelters, depots, and other premises used to provide London's bus services. The TfL Road Transport Premises Byelaws regulate the use and operation of road transport premises and approaches to premises and the conduct of all people while on those premises.
http://content.tfl.gov.uk/road-transport-premises-byelaws.pdf
Any person who breaches any of the Byelaws commits an offence and may be liable for each such offence to a penalty not exceeding level 3 on the standard scale – currently £1,000. 
 
The Tramlink Byelaws regulate the use and working of, and conduct and travel upon, the Croydon Tramlink and associated premises or other facilities provided in connection with the Tramlink system and the conduct of persons while on those premises.
http://content.tfl.gov.uk/tramlink-byelaws.pdf
Any person who breaches any of the Byelaws commits an offence and may be liable for each such offence to a penalty not exceeding level 3 on the standard scale – currently £1,000. 
 
The Public Service Vehicles (Conduct) Regulations apply to passengers travelling on bus services.
The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) (Amendment) Regulations 2002 (SI 2002 No 1724) - amended the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) (Amendment) Regulations 1990 (SI 1990 No 1020). Both of these Regulations were made pursuant to sections 24(1) and 25(1) of the Public Passenger Vehicles Act 1981. 
http://www.legislation.gov.uk/cy/uksi/1990/1020/made/data.xht?wrap=true
 
Contravention of any regulation made under those sections of the 1981 Act is a criminal offence.  An offender is therefore liable to a fine on summary conviction (sections 24(2) and 25(3) of the 1981 Act).  This is subject to section 68(1) of the 1981 Act, which provides that it is a defence for a person charged with an offence to prove that there was a reasonable excuse for the relevant act or omission.
Any passenger on a vehicle who contravenes any provision of these Regulations may be removed from the vehicle by the driver, inspector or conductor of the vehicle or, on the request of the driver, inspector or conductor, by a police constable. 
 
3) What are the figures for the offence on the night tube since its introduction in August 2016
TfL does not hold this information, please refer your request to the BTP – see  www.btp.police.uk/foi
 
If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me.
 
Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.
 
Yours sincerely
 
 
Paulina Tuffour
FOI Case Officer
 
FOI Case Management Team
General Counsel
Transport for London