Smoking Ban Rebel Loses Bar Licence

Hamish Howitt, the landlord of Delboy's Sports Bar in Blackpool, has had his premises licence revoked.

The council’s licensing panel revoked his licence on the basis that three of the four licensing objectives had not been upheld. These were: prevention of crime and disorder; protection of children from harm, and protection of public safety.

A spokesperson for Blackpool Council said: “It was noted during the review that the premises had breaches of health and safety law and license conditions, including the lack of a doorman and lack of membership to Pubwatch. A proven underage sale was also brought to the attention of the panel. Some weight was given to the failure to comply with the Health Act 2006; insofar it was a breach of the licensing objective to prevent crime and disorder.”

Howitt was fined £500 on 5 November, and ordered to pay £2,000 costs and a £15 victim surcharge after pleading guilty to 12 offences of allowing smoking on his premises. He was the first licensee to be prosecuted for ignoring the smoking ban.

Mr Howitt is due to appear before magistrates again on 21 November after failing to stop people smoking in his bars two weeks earlier.

Howitt has 21 days to lodge an appeal with the magistrate's court, and, if appealed, the panel's decision will not come into effect unless the appeal is dismissed by the court. Howitt has revealed that he is selling his bars, but will continue to fight the smoking ban.

Mr Howitt, who has set up a political party named Fight Against Government Suppression (Fags), has said he plans to appeal against the licensing committee's decision.

"All it is is a total fabrication - it is because they can't close me for letting people smoke in my pub," he said.

"There is nothing wrong with my pub, it is one of the safest pubs I've ever been in. I allow customers choice - all my non-smoking staff work in the karaoke bar downstairs, and the smoking ones work in the smoking bar. I'm going to appeal and I'm confident that the judiciary will overturn the appeal."

The smoking ban, which was introduced on 1 July, forbids smokers from lighting up in enclosed public places.

Source: Workplace Law Network / BBC News On-line

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