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Pete Robinson: Nick Hogan's £10,000 fine in perspective
30 January, 2008
On Monday smoking ban rebel Nick Hogan was fined a total of £10,000 for failing to stop people lighting-up in his pubs.
He said afterwards: “I think the financial penalty is extortionate considering the offence. If I was a drug dealer doing small amounts of cocaine I would probably only get a slap on the wrists.”
And he's right.
Nick has been accused by some of publicity seeking and even 'cashing in' on the smoking ban by his actions. Obviously he sought to draw publicity to his cause otherwise there would have been no point. He was fighting for his beliefs and knew it could cost him dearly, as it has.
Nick Hogan was fined for dissent in a country that preaches tolerance while practicing anything but. His punishment was designed to show the rest of us proles who is the boss, that you don't mess with 'The State'.
All he's done is to allow a number of consenting adults to enjoy their perfectly legal time-honoured habit on his premises. He hasn't recklessly endangered the public or created some kind of affray.
Anyone who found his pub undesirable was perfectly at liberty to use another just along the road.
To put his punishment into perspective here, for comparison, are a few more fines handed out on the same Monday. Most of these did affect the health and well being of others, in some cases fatally:
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A detective constable who was "aggressively" driving an unmarked police car hit and killed a 43-year-old man - fined just £2,000 (13 days' pay).
A Liverpool Chinese supermarket selling out-of-date food more than two weeks past it's use-by date - fined £600 and ordered to pay the council’s costs of £1,500.
Scottish international defender Bob Malcolm was found fast asleep and drunk in the middle lane of the M1 motorway - fined £750, 20 months ban and ordered to pay £75 costs.
A boss who made bogus insurance claims totaling £92,000 for burglaries at his builder's yard, also tried to hide plant machinery by burying it underground - fined £5,000 with £560 costs.
A pregnant teenager died after her car was struck by a Dutch trucker who was charged with causing death by dangerous driving. He pleaded guilty to the lesser charge of careless driving and was fined £1,000 with six licence points.
A man who pleaded guilty to possession of a quantity of cocaine was fined £200 by Preston magistrates and ordered to pay £50 costs.
A man assaulted two police officers after punching his own brother was fined £400 for the two assaults, £50 for obstructing a police officer and £60 costs.
A man who caused an 11 vehicle pile-up on the M1, resulting in 5 deaths, was fined just £130 for careless driving.
A 75-year-old man head-butted and threatened to stab a teenaged supermarket worker after being asked to move his car, his second assault in 2 years - conditionally discharged and ordered to pay £200 in compensation.
The owners of a Perth fish shop were fined a total of £850 after environmental health officials discovered a catalogue of food hygiene breaches during two visits to the premises last year.
Boxing champ Amir Khan got his second driving ban in three months and was fined £1,000 – after a court heard he tore along a motorway at 140mph.
Readers' comments
Jon - the fact is, decent pubs are disappearing at an alarming rate. If a publican was making a very good profit before the ban, so what? Just shows that he ran a popular pub, largely supported by smokers. Why should he have to evolve? He doesn't have the size/faciliti es for food and certainly doesn't want kids running around. What's wrong with that? His staff 's health wasn't threatened - and any case he'd invested £1000s in state of the art ventilation. The case against passive smoking is based on lies and brainwashing. As early as 1960 it was decided that smokers were to made the scapegoats for lung cancer and other illnesses. It was estimated at that time that environmental pollution was directly responsible for 30% of lung cancer, but it was easier and more convenient to blame smoking. Is your conscience clear? Have you ever sat in a traffic jam on a cold winter morning with the heater fan sucking air in from outside (recirculating the air in a car causes condensation). You, other drivers and perhaps most importantly pedestrians (maybe with kids who are closer to the exhaust pipes) are forced to breathe very dangerous fumes. Car exhaust fumes are far more dangerous than tobacco smoke. Would you feel safer sitting in a garage with the engine running than with a dozen smokers in the same space? And don't assume that car exhaust smoke is immediately diluted or dissipated to safe levels - it isn't. Did you know that in Austria, which has one of the highest life expectancies in the world, has a 50% smoking population - and presumably a100% passive smoking population. I wonder what environmental pollution is there - I would guarantee its a lot less than here. If you don't like tobacco smoke, that's fine - don't visit or work in places where people smoke,
Reading the smug satisfaction of individuals like Akmed al Fahalan makes one wish that Hogan's defance were multiplied one hundredfold and every publican in the country would risk jail to overturn this ridiculous law. if only we had a billionaire benefactor (like NY mmayor Mike Bloomberg is to the antis) who would pay the fines!!
I think all smokers that disagree with this unfair smoking ban should help nick hogan and donate some money to help pay his fine., its only fair he had the nerve to stand up and fight for us all so come on smokers dip into your pocket and send him some donation to go towards helping him pay the fine.
Pete thank you. You say it all in that one all-important sentence. ‘The last thing the authorities want is a test case shattering the myths upon which this law was based’. Can I refer you to an excellent article by Colin Grainger, campaigne chairman for F2choose. He draws our attention to a case over 2 years ago in which Margaret McTear brought a case against Imperial Tobacco Ltd. Here’s is part of this most important judgment. At the Edinburgh sessions court, The Hon. Lord Nimmo-Smith says this: ‘In any event, the pursuer has failed to prove individual causation. Epidemiology cannot be used to establish causation in any individual case, and the use of statistics applicable to the general population to determine the likelihood of causation in an individual is fallacious’. Mrs McTear lost her case. As Colin has pointed out, this judgment stopped impending actions in their tracks. Please go to Freedom2choose and click on Volenti Non Fit Injuria. Superb – this is what our fight is all about! I’ve never read anything better…and I don’t think I ever will.
Indeed, Pete - and Westminster Council have a picture of Jack Nicholson smoking, but declined to take action because they received no complaints at the time. Jacques - I One rule for the celebs, another rule for the proles ...
Dbwd- He's down £1000/week and STILL in business 8 months after the ban? As you said, he's one of the clever ones and is obviously still making enough of a fat profit to keep in business. Thankfully it's not at the expense of his employees' health anymore.
Tim & Jaques - The rich and famous are being overlooked simply because they can afford the legal clout that would tear the ban wide open. The last thing the authorities want is a test case shattering the myths upon which this law was based. Following the Top Gear stunt, which incidently received no complaints from the audience, even ASH stopped short of demanding action against Clarkson. Instead they merely called it "inappropriate".
Jon - take the blinkers off or pull your head out of the sand. I was in a wet led pub in the posher part of Lincoln last night. Great beer - a typically decent run pub. No binge/under age drinkers, no noise, no doorman, just a few forlorn customers having to periodically nip outside for a ciggy or a cigar (I bet you weren't forced to stand outside last night - in the cold). The landlord says he's down £1000/week. He laughed when I asked if the non smokers had increased. Similar story at the pub over the road. In fact, same in practically all the pubs I've visited recently. Incidentally, he was one of the clever ones. Some years ago he was advised to invest in better air extraction. Remember, this government was NOT going to ban smoking inside totally - it merely reneged on it's manifesto promises . So, he installed state of the art extractor fans at £1000 a time (at least they help to clear the stink of body odour and farts...). His smoking garden is very good as well. Why don't you write to him and tell him where he's got it wrong (I could get get his contact details if you like)? Perhaps you could offer advice - you seem to think you're an expert. Oh, hang on - I forgot, there's no point - you don't CARE.... If places like these are lost, then we might as well go to tescos, buy the 25p cans, lock ourselves at home and raise a glass to those who 'know better'. Cheers Jon.......
Timmy - you seems to forget one important fact. Throughout history celebrities/people of importance have been allowed certain priviledges and honours, in today's climate they are allowed to flaunt the law because of their status. I don't see what's wrong with this? They have certain limitations, due to the media's encroachment into their lives so they should be allowed some breaks. Hogan was just trying to aspire to become a celebritiy in this industry, thankfully the public have voted him off at round one. Eventually he'll come, cap in hand, and apologise to us all for his unlawful actions and advise everyone not to follow in his rebellioius action.
So much for the "Hurrah! We'' fight them in the courts and get this ban over turned!" crowd, who were happy to hasten this disillusioned publican to his legal doom. Truth is: Nobody actually CARES about this! There's no dissent, no uproar from the country's licensees, no mention of it in the news. Clever publicans were well prepared for this a long time ago and are busy soaking up the profits from the 'whingers' who left it too late. Evolve or become extinct!
Jo and Hamish - you're right. The rich do seem to get away with flouting the smoking ban. Let's have a look at the celebrities / public figures who have got away with it: Keith Richards and Ronnie Wood (the latter, on two separate, documented occasions). Kate Moss (repeatedly). Prince Harry (repeatedly). Jeremy Clarkson. James May. Jack Nicholson. Paul Weller. Shaun Ryder. Fines for the individuals: £0.00. Fines for the venues: £0.00. Is there a pattern emerging here, perhaps?
Call this British Justice, its an absolute disgrace, now we all know without doubt you cannot expect fairnes in a British Court of Law, they are as corrupt as the rest of them. Nick hogan deserves a medal. http://uk.youtube.com/watch?v=Bn6zye0nh8w
Another superb article, than you Mr Robinson. Yes what you have explained is the injustice, and that is what this fine is. Along with a ban based on lies, how can that be legal? 8th August 2006 the HSE in their document OC 255/15 article14? state " HSE cannot produce epidemiological evidence to link levels of exposure to second hand smoke to the raised risk of contracting specific diseases". Love the video Dartagan. freedom2choose.info for tolerant non-smokers and smokers alike. The antis will be after the beer gardens come summer, If we do not all stand together to fight this unjust, vindictive ban, then we have all made it too easy for the next one, to be pushed through. Mark Harris needs support from publicans and those who believe this ban is wrong. innthecold.com
Dartagnan ~ I did watch it. It is actually very boring.
Watch this all publicans. http://uk.youtube.com/watch?v=Bn6zye0nh8w
The smoking ban should be made a criminal offence, then the punishment would be far less. Also it is the person smoking who should be fined and not the landlord/landlady.
What a joke... If i took an hour looking on the net I could find just as many cases of people being fined the opposite end of the spectrum. Remember, he's not being fined purely for letting people smoke, but for 'knowingly' disobeying the civil laws of this country, a country he chooses to live in. taking your 'people dont have to drink in his pub point', he can move countries if he doesnt like our laws. He has tried making himself a symbol of the fight against the smoking ban, and duelly, he's been dealt with as such. You don't go around fining 100 landlords £100, you fine the dragons head £10,000 and scared the hell out of the rest. Will anyone try following in his footsteps now that they know they could face such a fine? No.. so, the action taken by the court has worked a treat... Well Done Britain!
£10,320 is an absolute disgrace, plus they are ruining his business. If Nick Hogan appeals it will probably cost a six figure sum. This seems to say if you dare challenge oppressive unjust laws you better be loaded. This confirms theres one law for the rich and another for the working class. Otis Ferry, son of Brian Ferry and leader of fox hunters storms parliament with inside help and all he receives is a £300 fine. The well heeled fox hunting green welly brigade stick two fingers up to the country. MP's who passed this draconian law fiddle expenses, while smokers burn under patio heaters. Caution for cannabis,£40 fine for herion or cocain, senior citizens being mugged by druggies, free methadone paid by highly taxed lawful smokers, two million uninsured drivers. This country is falling apart, picture yourself in Nick's shoes what would you do if someone tried to ruin your business or home. Independant community pubs are being stuffed. The large pub chains and brewers and tobacco companies should be ashamed. This is about freedom of choice not about smoking. Hamish and Jo