Smoke ban rebel wins pub licence battle
Smoke ban rebel wins pub licence battle
A CONTROVERSIAL Blackpool landlord who has flouted the smoking ban has won a court fight to keep his bar open.
Hamish Howitt had the licence for Delboy's Sports Bar on Rigby Road indefinitely taken away by Blackpool Council's licensing committee in a hearing on November 18 last year.
The bar has stayed open, however, as Mr Howitt sought to appeal the decision.
He was accused of failing two underage test purchases and failing to prove electrical work and an air conditioning unit were safely maintained.
None of the charges related to his defiance of the smoking ban at the bar, for which he has already been convicted twice.
But a deputy district judge yesterday overturned the decision, saying Blackpool Council's submissions in court were "not sufficient" to take away the licence for good.
A delighted Mr Howitt, 56, of Park Road, Blackpool, said: "I think justice has been done today.
"The judge was under so much pressure and I think she thought it out so carefully. She criticised me about some things and I take her point and I will make sure all works are perfect.
"I'm proud of the way I run my pub."
The court had heard evidence from Blackpool council public protection officer Gareth Shaw, who said Mr Howitt had failed to provide evidence that electrical works had been completed to a satisfactory standard.
But Mr Howitt denied those claims, which l
ed to an impromptu site inspection with the judge and legal advisers visiting the bar along with prosecution solicitors to inspect the electrics.
On their return, council solicitor Mr Ben Williams said the court had heard nothing that should alter the decision of the council committee.
But Mr Howitt, defending himself, said: "I swear I would never jeopardise my family or my punters. I love them all."
Deputy district judge Jane Goodwin stated: "I don't find there is sufficient grounds to revoke the licence and I'm going to uphold Mr Howitt's appeal."
Mr Howitt still faces a number of outstanding charges relating to his defiance of the smoking ban.
He maintains that his stance is a political one and says he gives his customers freedom to choose.
Mr Howitt owns another bar, the Happy Scots Bar, adjacent to Delboy's Sports Bar, in which he does not allow customers to smoke.
http://www.blackpoolgazette.co.uk/
A CONTROVERSIAL Blackpool landlord who has flouted the smoking ban has won a court fight to keep his bar open.
Hamish Howitt had the licence for Delboy's Sports Bar on Rigby Road indefinitely taken away by Blackpool Council's licensing committee in a hearing on November 18 last year.
The bar has stayed open, however, as Mr Howitt sought to appeal the decision.
He was accused of failing two underage test purchases and failing to prove electrical work and an air conditioning unit were safely maintained.
None of the charges related to his defiance of the smoking ban at the bar, for which he has already been convicted twice.
But a deputy district judge yesterday overturned the decision, saying Blackpool Council's submissions in court were "not sufficient" to take away the licence for good.
A delighted Mr Howitt, 56, of Park Road, Blackpool, said: "I think justice has been done today.
"The judge was under so much pressure and I think she thought it out so carefully. She criticised me about some things and I take her point and I will make sure all works are perfect.
"I'm proud of the way I run my pub."
The court had heard evidence from Blackpool council public protection officer Gareth Shaw, who said Mr Howitt had failed to provide evidence that electrical works had been completed to a satisfactory standard.
But Mr Howitt denied those claims, which l
ed to an impromptu site inspection with the judge and legal advisers visiting the bar along with prosecution solicitors to inspect the electrics.
On their return, council solicitor Mr Ben Williams said the court had heard nothing that should alter the decision of the council committee.
But Mr Howitt, defending himself, said: "I swear I would never jeopardise my family or my punters. I love them all."
Deputy district judge Jane Goodwin stated: "I don't find there is sufficient grounds to revoke the licence and I'm going to uphold Mr Howitt's appeal."
Mr Howitt still faces a number of outstanding charges relating to his defiance of the smoking ban.
He maintains that his stance is a political one and says he gives his customers freedom to choose.
Mr Howitt owns another bar, the Happy Scots Bar, adjacent to Delboy's Sports Bar, in which he does not allow customers to smoke.
http://www.blackpoolgazette.co.uk/
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