Landlady first to be fined over smoking ban
Landlady first to be fined over smoking ban
A CARNFORTH landlady has become the first licensee in our district to be fined for failing to prevent smoking in her pub under the new smokefree laws.
But Rozalynd Boyd, licensee of the Queens Hotel, told The Visitor she felt it was "extremely difficult" for licensees to stop customers lighting up.
Rozalynd was fined £100 and ordered to pay a contribution towards costs of £250 at Lancaster Magistrates' Court after she admitted failing to prevent smoking in her pub.
An environmental health officer visited the Queens on February 13 and noticed a woman lighting a cigarette on the premises.
"I pleaded guilty because it was my responsibility, but there were mitigating circumstances and I do think it was unfair," said Rozalynd.
"I was out shopping at the cash and carry and my barmaid had only nipped upstairs when the woman decided to light up. The officer visited while I was out, so we were just unlucky, it was just one of those things.
"For the onus to be entirely on licensees makes it very, very tough. He cautioned the woman but didn't take any of her details.
"If we see people smoking we tell them to leave, but it's very difficult to police these things, especially when it's busy and all hands on deck behind the bar.
"I've got extra bar staff on, we've put in a smoking shelter and put up all the relevant notices. We've done everything we've been asked to do."
The court heard that an anonymous complaint was made to Lancaster City Council's Environmental Health service in January alleging that smoking was taking place in the pub.
A letter was then sent to Mrs Boyd, advising her that a complaint had been made and advising her of her responsibilities under the law.
Following a further allegation that smoking was still taking place on the premises an environmental health officer then visited the Queens.
"The honeymoon period for smoking in public places and workplaces is over," said Coun David Kerr, council cabinet member with responsibility for environmental health.
"The council will be taking enforcement action if further complaints made to the council are found to be justified.
"Smokers themselves can also be served with £50 fixed penalty notices if found smoking in public places, workplaces and work vehicles such as vans and taxis."
The new laws, which came into force on July 1, 2007, made it illegal to smoke in enclosed public places such as pubs and restaurants.
A council spokesperson confirmed that the smoker had not been fined in this instance, because the local authority guidance recommends that enforcement action should initially be taken against the person concerned with the management of a premises.
http://www.thevisitor.co.uk/morecambe-news
A CARNFORTH landlady has become the first licensee in our district to be fined for failing to prevent smoking in her pub under the new smokefree laws.
But Rozalynd Boyd, licensee of the Queens Hotel, told The Visitor she felt it was "extremely difficult" for licensees to stop customers lighting up.
Rozalynd was fined £100 and ordered to pay a contribution towards costs of £250 at Lancaster Magistrates' Court after she admitted failing to prevent smoking in her pub.
An environmental health officer visited the Queens on February 13 and noticed a woman lighting a cigarette on the premises.
"I pleaded guilty because it was my responsibility, but there were mitigating circumstances and I do think it was unfair," said Rozalynd.
"I was out shopping at the cash and carry and my barmaid had only nipped upstairs when the woman decided to light up. The officer visited while I was out, so we were just unlucky, it was just one of those things.
"For the onus to be entirely on licensees makes it very, very tough. He cautioned the woman but didn't take any of her details.
"If we see people smoking we tell them to leave, but it's very difficult to police these things, especially when it's busy and all hands on deck behind the bar.
"I've got extra bar staff on, we've put in a smoking shelter and put up all the relevant notices. We've done everything we've been asked to do."
The court heard that an anonymous complaint was made to Lancaster City Council's Environmental Health service in January alleging that smoking was taking place in the pub.
A letter was then sent to Mrs Boyd, advising her that a complaint had been made and advising her of her responsibilities under the law.
Following a further allegation that smoking was still taking place on the premises an environmental health officer then visited the Queens.
"The honeymoon period for smoking in public places and workplaces is over," said Coun David Kerr, council cabinet member with responsibility for environmental health.
"The council will be taking enforcement action if further complaints made to the council are found to be justified.
"Smokers themselves can also be served with £50 fixed penalty notices if found smoking in public places, workplaces and work vehicles such as vans and taxis."
The new laws, which came into force on July 1, 2007, made it illegal to smoke in enclosed public places such as pubs and restaurants.
A council spokesperson confirmed that the smoker had not been fined in this instance, because the local authority guidance recommends that enforcement action should initially be taken against the person concerned with the management of a premises.
http://www.thevisitor.co.uk/morecambe-news
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