A Lancashire landlord will defy smoking laws by letting customers consume tobacco freely on his premises when the ban comes into effect on July 1st.
Nick Hogan, 42, who owns the Swan Pub in Bolton, has emerged as the unofficial figurehead of English landlords planning to say no to the ban.
Mr Hogan says his pub is exempt from the laws outlined on the NHS’ smokefree England manifesto, that dictate all enclosed public places will be non-smoking:
“This is an unprecedented attack by the government on private business, and on a personal level, the insult to my own property rights is unbelievable. This is not even a public business, this is a privately owned pub, in fact it's owned by me, and quite frankly the Government have no business telling me how to run my own business.”
Mr Hogan is one of a number of landlords who are concerned that losing their smoking customers will mean dwindling business and ultimately, closure.
In Ireland over a thousand pubs were forced to close down in the aftermath of the ban, whilst in Scotland a drop in business between 11-30% has been reported since the new laws were brought in.
“We’re very worried. The impact of bans elsewhere hasn’t given us much hope of survival. A ban like this should take into account the needs of everyone affected by it. We are protesting against this ban, not flouting it. That’s the word the government uses to imply that we are the ones who are doing something wrong. Instead it’s the government who should be held accountable. They are denying smokers their basic human rights. They’re saying we will be punished for using a product that they themselves have made legally available for us to buy in shops.”
Chris Fahy, Environmental Health Officer for Bolton Council, said the response to the ban has generally been more cooperative:
“There have been many reports of such protests but they only represent a minority. Most businesses have accepted the ban and have been working closely with the council through workshops and question and answer sessions to ensure the transition to smoke free goes smoothly. We want to avoid the situation where the threat of fines or prosecution is the only option we’re left with. Instead we are advising businesses affected by the ban as to the best way to cope with the changes.”
John Madden, Chief Executive of the Guild of Master Victuallers, said pub owners are taking a big risk if they decide to ignore the new laws:
“If any of our members contact us and say they are not happy with the ban we will always advise them to conform to the new smoking laws. Now that the smoking ban has become a reality the time for protest is over, and however much we may disagree with it, the fines for flouting the law are simply too much.”
Bolton Council leader Cliff Morris said failure to conform to the ban would not be tolerated:
"We will be looking at this situation and taking legal advice. If there is anyone breaking the ban, then we will be looking at taking appropriate action."
But Mr Hogan insisted he was not afraid to challenge the new smoking laws:
“Of course we will be warning people that if they light up they face the possibility of a fine, but if my customers want to smoke, I won’t intervene. If I end up getting prosecuted, I’m looking forward to my day in court. I’m fully prepared to put my case forward, because I think I’ve got a better case against them than they have against me. I’m not the one telling adults what they can and can’t do on their own land.”
Links:
http://1066lva.com/
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