Bolton pub smoking ban rebel loses appeal
Bolton pub smoking ban rebel loses appeal
The former landlord of a Bolton pub has lost his appeal against a conviction for allowing customers to smoke on the premises.
Nick Hogan, who was the licensee of The Swan and Barristers in Bradshawgate, was found guilty of four charges of failing to prevent people from smoking in his pubs following a trial at Bolton Magistrates Court in January.
He appealed against three counts on the grounds he had not been aware and could not have been reasonably expected to be aware that people were smoking in his pub.
At Bolton Crown Court today, Judge Angela Nield said his well-publicised opposition to the ban, including coverage of his views in The Bolton News, a protest in the pub on July 1, the day the measure was introduced, and letters in the pub stating his opinions, would have ‘encouraged’ customers to smoke and he would have known this.
She said: “He made it clear he did not intend to take any action to stop anyone smoking.
“This would have encouraged people to smoke on his premises.
“The appeal is refused and the conviction stands, the sentence is like penalties.”
Mr Hogan became the first pub landlord in Greater Manchester to be convicted of allowing customers to defy the smoking ban.
If he had won his appeal, there could have been major legal implications.
Mr Hogan, who is now landlord of The Swan With Two Necks in Chorley, said: “ The original fine of £3,000 - £750 for each conviction - that Mr Hogan received still stands.
He was ordered to pay an additional £1,000 in costs, on top of the initial £7,121.
http://www.theboltonnews.co.uk
The former landlord of a Bolton pub has lost his appeal against a conviction for allowing customers to smoke on the premises.
Nick Hogan, who was the licensee of The Swan and Barristers in Bradshawgate, was found guilty of four charges of failing to prevent people from smoking in his pubs following a trial at Bolton Magistrates Court in January.
He appealed against three counts on the grounds he had not been aware and could not have been reasonably expected to be aware that people were smoking in his pub.
At Bolton Crown Court today, Judge Angela Nield said his well-publicised opposition to the ban, including coverage of his views in The Bolton News, a protest in the pub on July 1, the day the measure was introduced, and letters in the pub stating his opinions, would have ‘encouraged’ customers to smoke and he would have known this.
She said: “He made it clear he did not intend to take any action to stop anyone smoking.
“This would have encouraged people to smoke on his premises.
“The appeal is refused and the conviction stands, the sentence is like penalties.”
Mr Hogan became the first pub landlord in Greater Manchester to be convicted of allowing customers to defy the smoking ban.
If he had won his appeal, there could have been major legal implications.
Mr Hogan, who is now landlord of The Swan With Two Necks in Chorley, said: “ The original fine of £3,000 - £750 for each conviction - that Mr Hogan received still stands.
He was ordered to pay an additional £1,000 in costs, on top of the initial £7,121.
http://www.theboltonnews.co.uk
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