Leicestershire Shisha cafe owner fined for smoking ban breach

Shisha cafe owner fined for smoking ban breach

Thursday, December 18, 2008, 09:30
A shisha cafe has fallen foul of the laws which forbid smoking in public places.
Marhaba, in Evington, has become the third such business in Leicester to be hit with a fine since a ban was introduced in July last year.
The cafe's manager was ordered to pay £1,650 in fines and costs following a court hearing yesterday.
Suhayl Ismail (26), of Buxton Street, Spinney Hill, Leicester, pleaded guilty at the city magistrates' court to failing to stop people smoking at Marhaba on March 16.
Katherine Jamieson, for the council, said environmental health officer Steve Joyce stopped outside the bar, in Evington Road, at 12.50am.
He saw a member of the public enter and a number of people sitting at tables smoking shisha pipes.
"When he was interviewed, the defendant accepted he had spoken to the officer, but thought smoking was allowed as it was out of hours," Ms Jamieson said.
"He said the event was a private party for friends and family members only, not open to the public.
"There were no signs on the door saying it was closed to the public and the door was unlocked."
Mrs Jamieson said prior to the smoking ban's introduction, information had been sent to all businesses likely to be affected, including shisha cafes.
"Mr Ismail requested a meeting with council officers on September 6, 2007, to see if smoking could be allowed at private functions.
"He was told it would not be allowed," Ms Jamieson said.
Ismail had also been given a caution by the council.
Louise McGhee, for Ismail, said he accepted he had fallen foul of the legislation by allowing shisha pipes to be smoked at a private party.
She said: "He honestly believed that, as it was out of hours and a private function, he could allow this.
"It was not a deliberate contravention of the law."
She said the business was floundering and he had been trying to sell the lease for some time.
"By 11pm, all the members of the public had left. It was just a reunion party for friends and family," she said.
"They were helping themselves to drinks and had brought their own food."
District judge Richard Holland said Ismail's claim that he believed smoking was allowed at private parties was counterbalanced by the fact that he had been told the opposite at a meeting with the council.
He said: "The officer saw what appeared to be a member of the public going into the premises and there were no signs saying it was a private party with the public not allowed."
At yesterday's hearing, Ismail was fined £650 and ordered to pay £1,000 towards Leicester City Council's costs.
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