Sunday, July 29, 2007

rebel landlord

This article has been buried but it is recent and looking at the comments section,still allowing smoking.

Council clamp down on rebel landlord

REBEL landlord Nick Hogan is to be interviewed under caution by Bolton Council after he threw officers out of his pub as they tried to enforce new smoking ban laws.

Mr Hogan, who runs The Swan and Barristers in Bradshawgate, asked inspectors to leave as they tried to give him a warning that he could face a £2,500 fine if he continued to allow people to smoke inside.

He has consistently defied the ban on smoking in public places, which came into force on July 1, despite one of his customers being handed a £50 fine.

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Mr Hogan has asked the council to launch a prosecution so that his views can be aired in court.

Last week, Hamish Howitt, who runs the Happy Scots Bar in Blackpool, became the first landlord to be summonsed to court for flouting the ban. He will appear before Blackpool magistrates on August 1.

However, Bolton Council said it will interview Mr Hogan before it starts legal proceedings.

A spokesman said: "On two occasions Mr Hogan has obstructed our officers from doing their job and has asked us to leave his premises.

"His actions contravene the Health Act 2006 and we have invited Mr Hogan for an interview to give him a chance to explain his stance.

"These are preliminary requirements to any potential prosecution action we may take."

Mr Hogan has so far been given one written warning but refused to accept a second, insisting he be taken to court.

He said: "Other minority groups have rights, so why are smokers being refused theirs? I have been asking for my day in court since the ban was introduced. I want to show that this legislation is unworkable and discriminatory.

"As a landlord I won't discriminate against anyone. I'm not asking for anything else other than a compromise."

Cllr Nick Peel, the council's executive member for environmental services, said: "The council has to implement any law that is passed and they have been lenient with Mr Hogan.

"Obviously he is making a point that he disagrees with the law, but he has been aware all this time that he is breaking the law and now the council have no option but to prosecute. All the other landlords are operating within the law."

One smoker, Gerad Hart, has already been issued with a £50 fixed penalty notice for lighting up in Barristers, which he is refusing to pay.

6:04pm Sunday 22nd July 2007
Bolton News

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