Smoke ban rebels defy councils to fight on
27 September, 2007
Howitt claims "harassment" as Hogan battles to hold onto his pub
Smoke ban rebels Hamish Howitt and Nick Hogan are vowing to continue to fight on despite enduring battles to save their pubs after wrangles with their councils.
Howitt is facing a review of the premises licence at Delboy’s Sports Bar in Blackpool on the grounds the licensing objectives of “prevention of crime and disorder” and “protection of children from harm” are not being promoted at the venue. A hearing will be held on October 19.
Blackpool Council has also issued Howitt with six improvement notices, which each carry a fine of up to £20,000 or two years imprisonment if there is non-compliance.
Howitt, who is due to appear at Blackpool magistrates court on November 5 for allegedly flouting the smoking ban, claims Blackpool Council is trying to “harass” him. “They are trying to shut me down before November 5,” he said.
However a spokeswoman for Blackpool Council said: “The council is definitely not harassing Mr Howitt, simply fulfilling its duty to ensure compliance with legislation.
“If anyone else was acting in the same manner, the same action would be taken.”
Meanwhile as The Publican went to press Nick Hogan was fighting to be re-installed as the licensee of the Swan Hotel and the neighbouring Barristers bar in Bolton, Lancashire.
Hogan was temporarily locked out the pub on Friday September 21 after the owner, former Provence chief Paul Kiely, changed the locks on the basis Hogan had breached the terms of his lease. Kiely’s son Ryan was then installed as licensee of the pub.
However following a hearing at the High Court in Manchester on the same day, Hogan won the right to gain access to the premises, claiming he had not breached the terms of the lease.
Hogan, who is due in court on November 12 for alleged
breaches of the smoking ban, told The Publican: “I’m
not walking away from this.
“We are still trading and we envisage doing so for the near
future.”
Readers' comments
i went to my local football stadium last weekend and at half time went out for a cigarette and was told i would not be allowed to re enter even though i walked totally off the premises. Is this legal i obey the rules by not smoking inside but still not good enough!!
if tobacco companies could be persuaded to insert a small petition form smilar to the gift tokens of old inside their cigarette packets,these could be signed,ask for changes to the blanket ban,gathered en masse in clubs pubs etc. and allow upwards of 10 million well taxed smokers to make their voice heard i suggested this to FOREST whose orginisation has the clout to make it happen but they did not appear to be interested
Yes, Jim Lawler you can contact Mr Howitt through his website at: http://www.crazyscotsbar.com/ or through my website at: www.opposingthe-uk-smokingban.org there are other publicans who are defying the ban. You can find out more info at www.freedom2choose.info Come join the fight, there are more of us than you think!
Politicians love to control and manipulate our behaviour. They tend to forget that they are in office to serve us, not the other way around
This is a bad law based on lies and linked to the money grabbers of the pharmaceutical industry. The Landlords who have meekly accepted it are cowards and when the winter comes their beer gardens won't be worth the money they have spent. Join Hamish and Nick now and fight this ban.
JIM LAWLER Wrote: if mr howitt puts up the following notice in his pub ANYONE FOUND TO BE SMOKING ANY WHERE IN THESE PREMISES DOES SO AT HIS OWN RISK AND COULD BE CHARGED AND FINED UNDER THE LAW SIGNED THE MANAGEMENT. this should free him from prosecution. does any one know how i can get in touch with him? He could probably be contacted through freedom2choose.info
Jon posted "Publicans are best forgetting this couple of attention-seeking brats and concentrate on ensuring their businesses become a success." Are they still smoking in the EU parliament? It is easy to sit back and watch hardworking people go under, when it is not your money to lose, isn't it. This law was based on lies and scare-mongering. 8th August 2006 the HSE in their document OC 255/15 article9 state " HSE cannot produce epidemiological evidence to link levels of exposure to second hand smoke to the raised risk of contacting specific diseases". 9 The evidential link between individual circumstances of exposure to risk in exempted premises will be hard to establish. In essence, HSE cannot produce epidemiological evidence to link levels of exposure to SHS to the raised risk of contracting specific diseases and it is therefore difficult to prove health-related breaches of the Health and Safety at Work Act. Who will compensate those in the hospitality trade if the minority of ANTIS do not keep them going? They compensated the criminals, when farmers are forced to kill off thier livestock (they should be compensated) so why? are they NOT compensating others who will be forced out of buisness, in many other venues too. Where is the justice in that. Jim I know he can be contacted through freddom2choose.info
I wish both landlords the best of luck. I'm sure that most pub regulars feel the same. The poll tax was abolished after all the objections and I hope all landlords object strongly.
“We are still trading and we envisage doing so for the near future.” Hmmm...already his language is changing. What happened to "I'll fight this and win"??? I reckon he's starting to realise he's bitten off more than he can chew. Publicans are best forgetting this couple of attention-seeking brats and concentrate on ensuring their businesses become a success. There is no wholescale rebellion because almost all publicans are getting on with the job. It'll still be interesting to hear what will happen to these two, if only to learn a lesson about how the law works and how it can't be 'beaten' when it has been introduced to save lives. "I fought the law and, the law won, I fought the law....breaking rocks in the, hot sun, I fought the law......etc etc etc to fade......"
if mr howitt puts up the following notice in his pub ANYONE FOUND TO BE SMOKING ANY WHERE IN THESE PREMISES DOES SO AT HIS OWN RISK AND COULD BE CHARGED AND FINED UNDER THE LAW SIGNED THE MANAGEMENT. this should free him from prosecution. does any one know how i can get in touch with him?
well done fellow licensee,its about time people stood up to bully tactic,s from government & councils ,who are at the end of the day elected members voted by the likes of you and me ,THE GENERAL PUBLIC