we can be hero's

we can be hero's





Wal-Mart Mexico eateries get smoking ban reprieve

MEXICO CITY, Jan 31 (Reuters) - A restaurant chain owned by Mexico's top retailer Wal-Mart de Mexico (Walmex) won an initial victory against a new smoking ban in the Mexican capital after a judge granted it a reprieve, a newspaper said on Thursday.

El Universal said that Walmex's Vips chain was the first restaurant group to file for an injunction against the antismoking bill, which was recently voted by Mexico City's Congress and went into effect this month.

Restaurants, bars and cantinas will have a few months to physically separate the areas between smokers and nonsmokers and install special air-conditioning systems.

Industry officials say the changes mean millions of pesos in additional investment.

The bill also will slap more controls on tobacco sales and cigarette makers in a country where about half of all adults among the 104 million-strong population are smokers or ex-smokers.

According to the paper, Vips claimed the nonsmoking ban limits commercial activity and that no reasons were provided for limiting the smoking area to just 30 percent of the premises. A definitive decision on the matter is pending.

Walmex, a unit of U.S. retail giant Wal-Mart Stores, declined comment. The company has almost 100 Vips restaurants in Mexico City.
http://www.reuters.com

Fears of pub crisis

Fears of pub crisis

FEARS are growing today that Suffolk is facing a pub closure crisis after it emerged more than 60 venues in the county are on the market.

In recent weeks several pubs in the Ipswich area have been advertised for potential landlords and The Royal Oak on Felixstowe Road has been boarded up following closure.

It is feared more could follow with the reason for poor trade being put down to the nationwide smoking ban which came into effect last summer.

There are currently 55 pubs up for lease across the county while eight are available to buy.

Shaun de Silva, Ipswich's Pubwatch chief and landlord of the Brewers Arms in Orford Street, predicted last April that as many as 20 pubs in Ipswich could close within two years of the smoking ban being introduced.

Today he said many management teams are struggling and deciding to cut their losses.

He added: “They can't make any money. After the smoking ban came in trade went down.

“They can't pay bills and have to relinquish the tenancy. It is happening a lot over Ipswich.

“The smoking ban has decimated takings, in some cases by 20 per cent, which is people's wages.

“Pubs were the hub of the community and life revolved around them but I would suggest times have changed.

“It is now so easy to get alcohol in supermarkets for half the price we can.

“People are having parties around their houses where they can smoke in comfort.

“Things don't look very rosy at this present time as far as the pub industry is concerned.”

Pub giants Punch Taverns have a total of 26 pubs on the market in Suffolk at the moment, with Greene King advertising 21, Admiral Taverns offering 13 and Enterprise Inns displaying three.

In a statement released last Wednesday Punch Taverns revealed it had experienced a tough festive period.
http://www.eveningstar.co.uk/

Smoking ban rebel fined £10,000

Smoking ban rebel fined £10,000

28 January, 2008

Nick Hogan furious after court finds him guilty

Smoking ban rebel Nick Hogan has slammed a court after being fined £10,000 for failing to stop people lighting-up in his pubs.

He was found guilty of four counts of the charge at a hearing at Bolton Magistrates Court today.

He said: “I think the financial penalty is extortionate considering the offence. If I was a drug dealer doing small amounts of cocaine I would probably only get a slap on the wrists.”

The former licensee of the Swan Hotel and Barristers in Bolton was also cleared of four charges of obstructing council officers and another charge of failing to stop people smoking.

He added: “What this has done has denied every publican in the country a right to a fair trial because £10,000 is a lot of money to most people.”

Hogan added he was considering whether to appeal against the decision.
http://www.thepublican.com/story.asp?sectioncode=7&storycode=58425&c=1

Smoke ban pub rebel's court date

Smoke ban pub rebel's court date
By Staff Reporter

REBEL landlord Nick Hogan will appear in court today, charged with defying the smoking ban.

The former licensee of The Swan Hotel and Barristers in Bradshawgate, Bolton town centre, is facing five counts of failing to prevent people from smoking in his pubs and four of obstructing council officers.

Mr Hogan, who has now sold his lease for the two pubs, is appearing for a trial at Bolton Magistrates Court.
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He said: "I'm looking forward to my day in court. At the end of the day I've always said I don't permit people to smoke in my pubs.

"I explain to them that if they do smoke they will be breaking the law and could end up getting a fine, so I'm looking forward to proving that in court.

"If I win, I'm sure all the other landlords will get out their ashtrays and do exactly what I did.

"We haven't been given any powers to remove people and it shouldn't be up to us to enforce the ban."

The first person to be caught flouting the smoking ban, Gerard Hart, aged 47, was spotted lighting up in Barristers.

He was fined £100, ordered to pay £223 costs, plus a £15 victim surcharge, at Bolton Magistrates Court in October last year.

The smoking ban was introduced on July 1 last year.

If Mr Hogan is found guilty, he could face a fine of between £1,500 and £2,500 for each of the smoking offences and £1,000 on the obstruction charges.

http://www.theboltonnews.co.uk

Smoking ban hits Md.'s bars, restaurants

Smoking ban hits Md.'s bars, restaurants
Bartenders, owners have mixed views about a permanent non-smoking section
By Brian Shane

Effective Feb. 1, smoking indoors is prohibited by law in the state of Maryland. That means bars, restaurants, clubs and hotels, as well as government-operated public transportation, are smoke-free areas where repeat offenders get stuck with hefty fines.

"Secondhand smoke is a true health hazard," said Claire Mullins, spokesperson for the American Lung Association of Maryland. "Limiting it in public places like bars and restaurants is just another step to improve public health. This is a public health issue. It's not a civil liberties issue."

The smoking ban also falls roughly at the same time as an increased cigarette tax, going from $1 to $2 per pack, which took effect Jan. 1.

Increased cigarette taxes and the smoking ban garnered Maryland higher grades on a report card from the American Lung Association, including a "B" for cigarette taxes and for smoke-free air.

Maryland also earned a 'D' for tobacco prevention spending and an 'F' for youth access. The state spent $18 million on anti-smoking campaigns in 2007, Mullins said, with the U.S. Centers for Disease Control recommending $63.3 million for 2008.

Resort bartenders, managers and owners offered mixed reviews about the smoking ban.

Phil Houck, owner of Bull on the Beach, thinks the ban ultimately will hurt business.

"First of all, the government telling a business owner what he can or can't do is wrong," said Houck, a smoker himself. "They're also telling customers what they can or can't do.

"You're opening the door. What's next? Are they going to tell your wife she can't wear harsh perfumes? The customers should have the right to make a decision."

Houck also said he believes a smoking ban could be next for the beach and Boardwalk, and that future anti-smoking laws in Worcester County could be attached to a bar's liquor license.

Susan Jones, executive director of the Ocean City Hotel-Motel-Restaurant Association, said her group does not support the ban, but "we didn't fight it, either, because we had folks on both sides of the fence."

She also said bar owners have establishments that are more bar-oriented, and less food-oriented. She added bars with outdoor dining or patios now have a clear advantage to cater to smokers.

At the Greene Turtle on 116th Street, when asked where her smokers will go, manager Tammy Maddox pointed out the front door.

"They be cold and wet," she said. "They'll just have to sit out there."

Maddox, a smoker, says she supports the smoking ban. She said she expects business to improve, considering her restaurant is consistently on a wait for non-smoking sections, while the smoking area often is empty.

Tom Knopp, general manager of Bull on the Beach at 94th Street, said he suspects other bars will flout the ban and allow smoking, and if penalized, simply pay the fines.

"Our concern is that everyone is playing by the same rules," he said.

Knopp also has plans to build a patio catering to smokers, but said other Ocean City bars might not have the square footage to create new space for smoking patrons.

"I can see where some people are going to have problems, and they are going to have a hardship," he said.

The health department will waive the smoking ban for businesses that can prove financial hardship, but only if owners can show at least a 15 percent drop in sales during a two-month period of smoke-free operation. If they get a waiver, bars still have to minimize secondhand smoke in their facility as determined by the health department.

Hotels also may allow smoking, the law says, if the total number of smoking rooms is 25 percent or less.

Another financial wrinkle from the smoking ban has nothing to do with how many bodies are at the bar.

Many bar personnel fear a lost investment in "smoke eaters," commercial air cleaning equipment designed to clean the air of smoke. At a cost of $500 to $3,000 per unit, many bars spend thousands for the installation and upkeep of their smoke eaters.

Liquid Assets on 94th Street is one of a handful of Ocean City establishments to allow cigar smoking. Bartender Dan Kapp said owners have spent thousands of dollars on high-end smoke eaters.

On the other hand, Kapp also expects many non-smokers to return to Liquid Assets since they'll no longer have to worry about the smoky air.

Claire Ford, a server at the Greene Turtle, supports the ban because it'll help her bottom line. She said a smoke-free bar is "kid-friendly."

"More kids means more parents, and the more people we can get in here for dinner and lunch, the better it is for me," she said.

At Kirby's Pub, patron Steve Carter gladly offered his views on the ban.

"I don't agree with it, and I don't smoke. It's a legal product. Ban cigarettes, then get back to me," he said.

Carter also downplayed concerns of a drop in bar business as he grabbed his pint of beer, and pointed to it.

"Until they stop serving this," he said, "they're going to be fine."
http://www.delmarvanow.com

Ban makes landlords fume in bad weather

Ban makes landlords fume in bad weather

By Adam Wolstenholme
THE smoking ban is beginning to take its toll on the pub trade in Spen, landlords have claimed.
The foul weather this winter has deterred smokers from going to the pub – and landlords are feeling the pinch.

Shirley O'Donnell at the Red Lion, Heckmondwike, said trade started off well since she took over 13 months ago, ending a two-year closure of the pub.

But as winter has drawn in, trade has been down.

She said: "We did have a gazebo outside but it got blown down and now there's nowhere in our pub where smokers can go.

"We have elderly people coming in who are used to smoking in the pub and nowhere else.

"It feels disrespectful telling them what to do. My father was a miner who couldn't smoke at work, and didn't smoke at home either. The only place he smoked was the pub.

"The ban should have divided pubs 50-50 into smoking and non-smoking rooms.

"Even the non-smokers are annoyed because they end up sitting on their own while their mates go out to smoke.

"And beer sales are down because people are spending so much time outside. It's affected everyone, and I can't say it's attracted any new customers."

Red Lion regular Alan Harmer, of Heckmondwike, said most of the pub's clientele were smokers.

He said: "The majority of people who go out for a drink in Heckmondwike smoke.

"It would have been nice for pubs to have a choice. If it had been put to a referendum I think even non-smokers would have opted for pubs to have a smoking room."

Fellow regular David Heywood, of Cleckheaton, agreed.

He said: "I haven't smoked for 22 years but I think the ban is stupid. It's killing pubs.

"People have to keep going outside, which is no good, especially in weather like we've had recently."

Their comments come in the wake of a dispute over the ban in Huddersfield, where Stuart Smith brazenly flouted the new rules by inviting people to light up at the College Arms on Queensgate.

But while the ban might be attracting more complaints, the authorities are showing no signs of
tolerating protests.

A summons has been issued against Mr Smith for not displaying no-smoking signs and for allowing people to smoke.

He appears before magistrates on Monday.

Kirklees issued a stern warning to landlords.

Steve Noble, assistant director for environmental services said: "We will not have mavericks breaking the law.

"Other publicans who have seen the publicity be warned – do not even think of following suit, otherwise you, and your customers, will be hit very heavily in your pockets."

But already the ban is hitting publicans in their pockets.

Dean Spencer runs the New Yew Tree in Littletown with landlady Sharon Spencer.

He said: "Christmas was pretty good, but before and after that trade has definitely been down by about 30 per cent.

"We've put up shelters with heaters outside, but they are just canopies. If it's windy and rainy it still gets in.
http://www.spenboroughguardian.co.uk

Statewide smoking ban dies in committee; pull tabs OK'd

Statewide smoking ban dies in committee; pull tabs OK'd
By RICK YENCER


INDIANAPOLIS -- Mom and pop bars and restaurants found some hope Wednesday as a House committee killed a statewide smoking ban while legalizing pull tabs and punch boards for businesses licensed to sell alcohol.

"Tobacco is still a legal product," said Brad Klopfenstein, executive director of Indiana Licensed Beverage Association.

And giving private business the same gaming rights as charities and fraternal groups could give neighborhood bars a chance to survive, added Klopfenstein.

The House Public Policy Committee ran out of time Wednesday to hear testimony on a statewide smoking ban offered by Rep. Charlie Brown, D-Gary, who promised to refile the measure yearly until it passed.
"I am committed to a complete and total ban," said Brown.

The measure would have banned smoking in bars, bowling alleys and all public and work places, and had support of public health and other smoking cessation groups.

Bob Jones, administrator of the Delaware County Health Department, called the lack of action on a statewide smoking ban "unfortunate."

"They do have a full plate with property taxes," said Jones.

Delaware County imposed a smoking ban two years ago but exempted bars, clubs, interstate truck stops and designated motel rooms.

About a third of Indiana counties have some type of smoking ban, and Rep. Jack Lutz, R-Anderson, a public policy committee member, believed the issue should be decided locally.

Madison County has no local smoking ban and Lutz, a smoker, figured the issue would be back again.

Sen. Sue Errington, D-Muncie, said a complete smoking ban was a public health issue, protecting patrons and children from the danger of second-hand smoke.

Klopfenstein did support having one statewide smoking law instead of having every county decide the issue.

Fourteen bars in Allen County closed after local al officials imposed a smoking ban, Klopfenstein said, saying it had a negative economic impact on the bar and restaurant industry.

The pull tab bill filed by Rep. Dennis Tyler, D-Muncie, came out of committee by a bipartisan 9-2 vote with Lutz, and Rep. Terri Austin, D-Anderson, supporting it.

Tyler promised local bar and restaurant owners that he would push the issue, given charities won the right of paper gaming last year.

"There is a lot more support for this than in past years," said Tyler, who was hopeful the measure would move out of the House.

Lutz said he reluctantly supported the pull tab bill, although he co-authored a bill last year that ensured horse racing tracks in Anderson and Shelbyville got slot machines.

Klopfenstein said the revenue from pull tabs and game boards for the Super Bowl or NASCAR races would generate about $30 million a year, but would impact over 2,500 privately-owned bars and restaurants and more than 300,000 people the industry employs.

http://www.thestarpress.com

ROLLING STONES - WOOD IGNORES SMOKING BAN AT MOSS' BIRTHDAY BASH

ROLLING STONES - WOOD IGNORES SMOKING BAN AT MOSS' BIRTHDAY BASH
THE ROLLING STONES star RONNIE WOOD has flouted the U.K. smoking ban for a second time - by lighting up at KATE MOSS' recent birthday celebrations. The rocker was reportedly asked by staff not to smoke inside London's Punk nightclub in Soho but ignored their pleas - telling them to "f**k off", according to British magazine Closer. The 60-year-old star was at the venue last Wednesday (16Jan08) celebrating the 34th birthday of supermodel Kate Moss, along with his wife Jo and a select group of the catwalk beauty's close friends. Wood has previously ignored the smoking ban - which prohibits lighting up in all enclosed public spaces - when he and his bandmate Keith Richards smoked throughout a sell-out Rolling Stones concert at London's O2 Arena shortly after the law was introduced last summer (07).
http://www.contactmusic.com

Jack Nicholson Lights Up In London

Jack Nicholson Lights Up In London
By Hazel Tyldesley
Jack Nicholson was treated as being "above the law" as he puffed away in a London hotel without being challenged, anti-smoking campaigners have said.

The veteran actor was promoting his new film at a conference in Claridge's when he took questions with a lit cigarette in his hand.

Nobody stepped in to stop the Hollywood A-lister, despite the fact Claridge's is by law a smoke-free venue.

According to the star's agent, hotel staff had given him permission to smoke at their discretion.

But anti-smoking lobby group Ash says this would have been illegal and added that "nobody is above the law".
http://news.sky.com

Landlord cleared of smoke breach

Landlord cleared of smoke breach

Andy Hemming is considering asking for costs
A former pub landlord has been found not guilty of breaching Britain's anti- smoking laws.

In the first case of its kind in Gloucestershire, Andy Hemming had been charged with failing to prevent someone from smoking in his pub.

In September a smoke-free liaison officer saw Mr Hemming's girlfriend light up at the Black Horse in Stroud.

Mr Hemming said he asked her to go upstairs immediately and magistrates accepted this and acquitted him.

He told BBC News: "I asked her to stop straightaway and told her to go upstairs because we had people in and that was it."

At Cheltenham Magistrates Court on Monday, smoke-free liaison officer Tim Dowan said he never heard Mr Hemming speak to his girlfriend and said he saw full ashtrays on tables and could smell smoke.

But it was claimed the ashtrays had been brought inside from the garden.

Magistrates said it could not be proved beyond reasonable doubt that Mr Hemming had not asked his girlfriend to stop smoking and found him not guilty.

Afterwards, Mr Hemming said: "I am delighted common sense has prevailed and obviously I have applied for some defence costs because we have done a lot of work to answer these charges."
http://news.bbc.co.uk/1/hi/england/gloucestershire/7201375.stm

The smoking ordinancein columbia

The smoking ordinancein columbia

I like the result, but not the way we got there. I am not a smoker - well, I do enjoy an occasional cigar - but I have a strong libertarian bent. In other words, I am high on individual liberty and freedom and not crazy about paternalistic government.

I thought the earlier ordinance (designated areas for smoking and nonsmoking) and the marketplace worked reasonably well and never really had any problems about secondhand smoke. I am not even sure about secondhand smoke’s health risks, which were used as the justification for the new ordinance. If you sit in the same room for 60 years with a spouse who smokes three packs of Camels a day, you have a secondhand smoke problem. But an occasional whiff in a restaurant? Sure, it is unpleasant, but the science is unclear about health risks.

It also bothers me a great deal that we have had a number of restaurants and bars close over the past year. Common sense tells you some of the closures were at least in part caused by the smoking ordinance. No one will get me to believe differently, thank you very much.

Having libertarian genes, I am starting to worry: Should I eat my fatty foods now, before they are taken away?

Here’s an idea: Let restaurants and bars advertise themselves as either smoking or nonsmoking so consumers can make intelligent choices. That way everyone knows in advance what they are getting into.

Finally, couldn’t we have voted on this? Something with so many interrelated issues such as government interference in the marketplace, health and individual liberty seems like it should be voted on in a plebiscite.
http://www.columbiatribune.com

Ashes to ashes - David wants to see the death of the smoking ban

Ashes to ashes - David wants to see the death of the smoking ban

FAR from being a dirty habit, smoking is a matter of freedom, according to one Littlehampton man.
David Simmons, 48, is campaigning against what he calls the persecution of smokers, and promises to take the battle all the way to Parliament.

"I agree with 80 per cent of the ban, people should not be made to passive smoke. But smokers should not be made to stand outside in the freezing cold and pouring rain. It is ridiculous."

"At the moment, I am gathering support, to see how many people feel as strongly as me.

"Nick Gibb voted for the ban, and if I get enough people with me, and can raise enough money, I will even stand for MP on the issue."
He also believes that the ban infringes Article Three of the Human Rights Act, the prohibition of torture.

The Court of Appeal has ruled that torture is anything that out of due legal process leads to stress and anxiety.

"Nicotine is a legally permissible addictive substance, and its withdrawal leads to stress and anxiety. Can this be described as torture then?"

David spearheaded the installation of smoking shelters at Gatwick airport when he was working there, with a campaign website and protest.

The shelters replaced a white box, painted on the floor for smokers to stand in.

He is now bringing the battle to Arun after moving to Beach Road in November, as is gathering support for his campaign, via the website www.thegasp.org

"I am a great believer in democracy and choice. Thirty-five per cent of the adult population are smokers, and we deserve a voice. If we take those votes away from Mr Gibb, then we can show how we feel about the
ban.

"Licensed premises should have the choice whether to allow smoking or not, and if not, should have to provide enclosed smoking rooms.

"I have worked in places where there were smoking rooms, which cause no harm at all to non-smokers, but now they are illegal. It makes no sense.

"I don't think it should be allowed in offices or work canteens, because the element of choice has been removed."

He added that the sight of Littlehampton's boarded-up pubs was saddening, and that he believed this was caused by the smoking ban.

"In its present form the ban is a hateful, mindless piece of legislation.

"I used to go to my local regularly, for a drink and a smoke, Now I , a
long with many others, stay at home."

Nick Gibb, MP for Littlehampton and Bognor, said he voted for the ban, as he felt it was the main reason why a lot of people did not go to pubs.

"I do think that the employees who work in restaurants and pubs should have to breathe in other people's smoke over an eight hour shift."
David said that anyone who works in licensed premises had the choice not to. He added that the rules were inconsistent.

"Passive smoking, we are told, kills around 1,000 people annually. Every one is a tragedy, but a drop in the ocean compared to the obesity crisis. What next, will it be illegal to sell food that has more than five per cent fat?"

He is looking for people to come forward and join him in his quest.
"Anyone who can help, especially on the technical side with internet, please get in touch."

To contact David, e-mail info@thegasp.org
http://www.bognor.co.uk/

Enterprise to help smoke-damaged pub landlords

Enterprise to help smoke-damaged pub landlords

The Enterprise Inns boss Ted Tuppen yesterday told a shareholder meeting that the pub landlord group may have to lend more of a helping hand to struggling tenants, as the pub industry faces what analysts have described as the most challenging trading environment in working memory.

"In a marketplace that is likely to remain difficult for some time, it is especially important that we work closely with our licensees to ... support those who are genuinely struggling, despite their best efforts, to deal with adverse market conditions," he said.

Enterprise said it would continue to offer rent concessions, discount schemes and trading support "where appropriate" to those of its tenants facing hard times. Tenants are individuals who take a lease from Enterprise and take beer supplied by the company.

Given the relative upmarket position of Enterprise's pubs, Tuppen insisted there was "no material deterioration" in his tenants' financial health at the moment.

Tuppen was speaking after Enterprise indicated its top-line operating profit for the 15 weeks to January 12 had been broadly held at the same level as last year, with earnings per share ahead.

Like its rival tenanted pub group Punch Taverns, which earlier this week reported worsening trading over Christmas, Enterprise pointed to the smoking ban as a major drag on performance, particularly for those pubs with low food sales that had been popular with drinkers who smoke.

Both groups have been seeking to sell off smaller pubs without food sales, focusing on more adaptable outlets. Tuppen said Enterprise recently acquired 28 high-quality pubs for £26m and sold 12 sites for £7m. The company said there had been "considerable interest" in a batch of 96 pubs up for sale for alternative use.

Enterprise hopes to be able to refinance some of its business later this year and is expected to use money raised to buy back shares and to acquire more high-quality pubs from free house operators fearful of the effects on trade of the smoking ban.
http://www.guardian.co.uk/business/

Publicans claim smoking ban is killing their trade

Publicans claim smoking ban is killing their trade
By Lynn Brown
SIX months after smoking was outlawed in public places, publicans in Malton and Norton blame the legislation for a drop in business.

On July 1 a countrywide ban on smoking in workplaces and public buildings came into force.

Government officials say there has been a general compliance with the law, but police have reported a rise in anti-social behaviour linked to crowds of drinkers gathering outside pubs and clubs.

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And some pubs say the ban has damaged their business.

Steve Kinsella, landlord of the Railway Tavern, Norton, said the ban has devastated his teatime trade and costs him between £500 and £800 in lost business a week.

He said: "Lads used to enjoy a cigarette and a pint in the pub after working in the cold. Now they go straight home with a pack of cans from the supermarket. The smoking ban is trying to do away with businesses like mine which cater for ordinary working people.

"The Government wants us to become a bistro nation and in the process is trying to do away with traditional working men's pubs and our personal freedom to smoke if we choose to.

"Since the ban came into force, me and my bar staff must police it, which can cause threats and violence.

''I told a chap, who was from out of the area, to put out a fag he had lit up. He did but swore at me and could have easily escalated.

"It's making our job harder and I don't believe there was enough information provided about the real impact this would have on our industry.

''Issues such as anti-social behaviour and impact on heating costs with these outdoor smoking areas were not discussed in the debate before it came into force. I believe they pulled the wool over our eyes."

Landlords in Malton have also voiced their opposition to the ban.

Malcolm Braithwaite, who has run the Royal Oak in the Market Place for the past 10 years, said the legislation has had a big impact on his business.

He said: "Through the summer it was fine because we have a large beer garden at the back.

''But it's our winter trade which has been hit and I would say I'm down 10 per cent on last year. People can sit at home enjoy a fag and some cheap tins from the supermarket.

"This talk about the ban attracting people who stay away from pubs because of the smoky atmosphere was a lot of hot air.

I've definitely not seen any evidence to support this.

"But we had a good New Year and the summer will be coming around soon so I'm quietly optimistic."
http://www.gazetteherald.co.uk

Punch Taverns says Christmas trading was subdued

Punch Taverns says Christmas trading was subdued
Punch Taverns said on Wednesday trading over the Christmas period was subdued, with declining consumer confidence coinciding with the smoking ban in England and Wales.

"Despite the market conditions, our leased estate delivered a satisfactory performance in the first 20 weeks of our financial year ... with like-for-like outlet profit marginally lower than last year, down 0.8 percent," Punch said in a statement.

"In the core managed estate like-for-like sales have declined by 2.2 percent, with food sales having grown by 1.0 percent. Food sales now account for 39 percent of total sales in the managed estate," it said.

http://uk.reuters.com

HOSPITALS FACE BAN ON OUTSIDE SMOKING

HOSPITALS FACE BAN ON OUTSIDE SMOKING
LIZ PERKINS
HEALTH REPORTER

Smoking could be completely outlawed in the grounds of Swansea's hospitals under tough new plans.Health bosses plan to follow neighbouring NHS trusts by stubbing out the habit outside and not just inside hospital buildings.

If the move wins the backing of Swansea NHS Trust's board tomorrow, it could be in force by summer.

Smoking in all enclosed public spaces was banned on April 2 last year, but the Trust is looking to go even further in a bid to improve health.

Geraint Evans, director of human resources at Swansea NHS Trust, said in a report to the board that enforcing the new rule would not be without its problems. But around 87 per cent of the public and 48.1 per cent of staff backed a total ban, in a special vote ahead of the April 2 law.

Mr Evans said: "Swansea NHS Trust has endeavoured to gauge staff and public opinion, and the option of a total ban has won the most support.

"In line with general Assembly policy and bearing in mind the views of the public and staff, it would seem an inevitable step to extend the ban to all the grounds making the necessary changes to the estate to facilitate that change.

"The estates department will need some time to prepare the estate for the ban.

"The greatest challenge facing the Trust, as it does any organisation taking this route, is that announcing a ban is far easier than enforcing one."

He added: "The ban will be contentious, and the Trust will need to be prepared for this, although clearly being in step with the general direction of policy on smoking will help in presentation terms."

The Trust board has been asked to back the ban.

Both Carmarthenshire and Bro Morgannwg NHS Trusts have a total ban in place, which covers all its properties, grounds and car parks.

In some areas of California, they have begun making whole cities smoke free, with more than 20 cities there passing park and beach smoking bans on top of smoking in enclosed public spaces.

Mr Evans said there had been very few problems with enforcing the April 2 ban in Swansea's hospitals.

He added: "The predicted adverse response following the ban earlier this year has not manifested itself.

"We have had a few areas where staff have congregated at entrances, or just inside them, during inclement weather.

"Council inspectors have responded to a very limited number of complaints and have thus far been happy."
http://www.thisissouthwales.co.uk

Officers watching smoking rule-breakers in Dales

Officers watching smoking rule-breakers in Dales

By Richard Woolley
Six months into the smoking ban, enforcement officers in the Dales have said they think rule-breaking has been stubbed out - for the most part.
Officers at the district council charged with keeping public places smoke-free are pleased with the level of compliance since the ban was introduced on July 1, but are determined to put a stop to any flouting of the rules.

Tim Braund, principal environmental health officer for Derbyshire Dales District Council, said: "Overall we're very pleased with how things are going.

"We have carried out just short of 200 inspections of premises of different kinds, and we are keeping an eye on businesses as part of regular food hygiene inspections.

"We haven't had anyone making a stand to say they are allowing smoking. There have been several complaints that smoking is still going on at some premises but we have followed those up with surprise visits and found no evidence of that.

"I'm sure some premises are allowing it to a degree, that's the nature of things in a rural area."

Neighbouring authorities in Amber Valley last week sent a warning to pubs saying they suspect some are staging late night "smoke-ins" - an offence environmental health officers here feel could be taking place in the district.

Mr Braund added: "I'm sure something like that happens, but we haven't found evidence of people sticking two fingers up to the law.

"We are trying to help publicans where we can. We have been asked by a Matlock pub to help enforce the ban where some smoking is taking place where it shouldn't.

"We are happy to help any businesses who need help in implementing the ban."
http://www.matlockmercury.co.uk

The smoking ban is the biggest challenge facing licensees in 2008.

The smoking ban is the biggest challenge facing licensees in 2008.

In an online Morning Advertiser poll, a whopping 74% of licensees said the smoking ban will have the biggest impact on trade in 2008.

The poll, asking licensees what would have the biggest impact on trade in 2008, attracted a record number of votes – 574.

Of the other options, only 14% said the pressure of cheap supermarket booze would have the biggest impact and notably just 12% said high rent was the biggest concern.

The trade is already bracing itself for a tough first quarter with price rises still to come from brewers and a consumer slowdown as the credit crunch takes effect.

The cold winter months will be the first real test of the public's tolerance of the smoking ban.

http://www.morningadvertiser.co.uk

Still blowing smoke at hospital ban

Still blowing smoke at hospital ban
SMOKERS are still flouting the no-smoking rules at the Royal Oldham Hospital — despite the borough’s record as one of the unhealthiest places in the country.
The Pennine Acute Trust, which runs the hospital, introduced a smoking ban in January, 2006.

But despite a substantial countdown and a campaign to make sure staff, patients and visitors were fully aware of the move, some smokers insist on ignoring the ban. Marian Carroll, the trust’s director of nursing, said there had been a substantial drop in smoking in the hospital grounds.

However, she added: “Sadly, some individuals do still refuse to observe this restriction.

“Members of staff who smoke on duty can be subject to disciplinary action.

“It’s a shame that a small minority continue to inflict smoke on visitors who do not wish to breathe in their second-hand smoke.”
http://www.oldham-chronicle.co.uk/NEWST05.html

Mixed reaction to smoking ban

Mixed reaction to smoking ban
Pubs in West Berkshire report mixed reaction to smoking ban and its effects on festive trade

SIX months after England became smoke free in public places, there is a mixed reaction to the ban in pubs around West Berkshire following the festive season.
Some pub owners reported an increase in trade over the Christmas and New Year period in 2007, while others were pessimistic about the ban’s affect on their business, especially if they did not serve food.
Lisa Farrell, co-manager of the Lock, Stock and Barrel, in Northbrook Street, Newbury, thought the ban was brilliant as more customers were choosing to eat at the pub rather than go to restaurants.
“It has done us some good as the way the trade is going we have to concentrate on the food side and the no smoking is helping us immensely,” she said.
Mrs Farrell said trade this festive season was up on 2006 but it was hard to say whether this was due to trends or non smoking.
On July 1 2007, England became smoke free in virtually all enclosed public places and workplaces.
Manager of the King Charles Tavern, Cheap Street, Newbury, Patrick McCartan, believes people have got used to the smoking ban, especially as places provide smoking areas. He said the pub’s takings were up on last year.
“If you offer food, a non smoking environment is better,” he said.
“Our trade has been strong and good. I did not think it would be as good as I expected.”
However, the landlord at Northbrook Street’s The Monument, Newbury, Simon Owens was less enthusiastic about the ban.
“People stay at home where they can drink, smoke and stay warm,” he said.
He said many pubs were quiet this year due to the smoking ban and the increasing price of beer.
“We are busier than a lot of pubs, a lot of pubs are really struggling. Friday and Saturday have died away. They are not as busy as they used to be.”
Mr Owens believes an increasing number of people were nervous about mortgage prices so they were more careful with their money over the Christmas period, which affected pub trade.
“Takings were similar to last year but last year was quiet and this year was about the same,” he said.
The supervisor of the Cooper Arms, Bartholomew St, Newbury, Dave Reid, agreed that New Year’s Eve was nothing like it had been and this was largely down to the smoking ban.
“The smoking ban has had a huge effect when it came in. It did level off but with the wind and the rain who wants to stay outside?” he said.
“People are coming out but maybe they are not coming out for as long. In the early days of non smoking, Saturday disappeared. It has evened out a bit and come back but it still has an effect.”
Mr Reid does not believe the ban has stopped many people smoking, but instead people are now smoking at home rather than visit the pub.
“People who have restaurant pubs have had no smoking anyway so it probably has not had a great effect but it has for an ordinary every day pub.”
A spokesman for the Campaign for Real Ale, Iain Loe, said it was too soon to know if the ban had affected trade and the real test would be after Christmas as the weather gets colder and regulars returned to pubs.
http://www.newburytoday.co.uk

Landlord in court over smoking ban

Landlord in court over smoking ban

LANDLORD Andrew Hemming who runs the Black Horse in Amberley is due in court for an alleged breach of the new anti-smoking laws. He is due to appear at Cheltenham Magistrates' Court at 2pm on Monday, January 21. The case is being brought by Stroud District Council and is thought to be the first of its kind in the county.
http://stroudnewsandjournal.co.uk

Landlord defies pub smoking ban

Landlord defies pub smoking ban
Stuart Smith, licensee of the Golden Fleece, Rochdale Road, Greetland, puffed on a cigarette at the bar and said: "Somebody has to make a stand."

He said the pub had been closed for weeks before he took over two months ago and was on the verge of being boarded up.

"It was really struggling and making no money. So I said this is what we are going to do. We are going to allow people to smoke."

Mr Smith said he was the 30th licensee of the pub in 17 years. He has divided it into smoking and non-smoking sections.

"I am now getting more of the smoking trade. The old people from Greetland Social Club are coming in here.

"It is sad to see old people shivering outside because they have no smoking shelter for them."

The 39-year-old, who has managed dozens of pubs, claimed he would fight any attempt to prosecute or fine him.

"I am not just going to take this lightly. I would appeal any conviction and I'm going to take this all the way."

And his customers seemed happy with his actions.

Smoker Russell Bates said: "The only reason I come in here is to have a smoke."

Regular Richard Howard is a non-smoker, but said he thought the ban was ridiculous.

"The law says we should not smoke and I agree with the law but to force people outside into a shelter that has to be open on three-sides in Yorkshire, Scotland or Wales is unfair.

"I have never had a problem with walking into a smoking pub as a non-smoker. Until eight months ago it was the norm," he said.
http://www.halifaxcourier.co.uk

California smoking law marks new frontier

California smoking law marks new frontier
Jim Sanders
SACRAMENTO, Calif. - Never before has California banned smoking on private property used exclusively by members of the owner's family - until now.

Beginning this month, motorists can be fined $100 for lighting up a cigarette in their own car, even in their driveway, if one passenger is a child.

The law marks a new frontier in more than two decades of state smoking restrictions that focused on workplaces, public buildings, restaurants, flights, tot lots and gathering spots.

It also comes as cigar-smoking Republican Gov. Arnold Schwarzenegger is teaming with Democrats to push a proposed ballot measure that would increase cigarette taxes by $1.75 per pack to expand health insurance.

Lawmakers returning to the Capitol this week will consider pushing the state's smoking prohibitions even further.

Sen. Jenny Oropeza, the Long Beach Democrat who proposed California's new vehicle-smoking law to lower children's exposure to dangerous smoke, has already proposed legislation to ban smoking on state-owned beaches or parks.

Statewide, smoking has been falling for more than two decades, to 13 percent of adults now, compared to 25 percent in 1984, state health surveys show.

Audrey Silk, leader of New York-based Citizens Lobbying Against Smoker Harassment, said opponents nationwide seem determined to price cigarettes out of the market and, for those who won't quit, to expand smoking bans wherever possible.

''It's exploiting children to push their agenda,'' Silk said of California's new ban. ''It's emotion-driven, not science-driven.''

Numerous California cities have passed tighter smoking restrictions than those imposed statewide: Belmont has targeted apartments, for example, while Calabasas has taken aim at sidewalks and Roseville, parks.

Silk predicted the same arguments used to pass Oropeza's legislation - health risks to kids confined in a smoky place - will be recycled to fight parents who light up in their own homes.

''This is part of their incrementalism plan,'' she said.

Other critics say California's new law reflects a disturbing trend to legislate personal behavior in ways ranging from banning soda pop in schools to requiring skateboarders to wear helmets.

''People engage in activities that I adamantly disagree with, all the time, in the comfort and privacy of their homes,'' said Republican Assemblyman Anthony Adams. ''I have no business, as a legislator, interjecting myself into their private lives.''

Sen. George Runner, a Republican, said the new vehicle law blurs parental rights in a dangerous way that could spark legislation to limit children's hamburger or french fry consumption, for example, because of health risks from trans fats.

''I've got no problem listening to government's advice on raising my kids - I welcome it,'' said Republican Sen. Tom McClintock. ''But I'll be damned if I'm going to take its orders.''

Anti-smoking advocates counter that the state has an obligation to protect kids and always has done so, from barring minors from buying alcohol to forbidding sex offenders from teaching in schools.

Regulating motorists' behavior is nothing new, they note. Drivers already are required to use seatbelts, strap infants into safety seats, and beginning July 1 the state will start enforcing restrictions on using cellular phones in vehicles.

Attorney John Banzhaf, director of Action on Smoking and Health, one of the nation's leading anti-smoking law groups, said California should and probably will prohibit parents in coming years from smoking in homes when kids are present.

Supporters hail the vehicle ban as protecting kids too young to help themselves, but opponents blast it as intruding on property and parental rights - and they suspect that homes will be targeted soon.

''Nobody recommends smoking in the presence of a minor,'' said Republican Assemblyman Chuck DeVore. ''But where is the line between individual responsibility and government force?''

California's new law is the strictest of its kind nationwide because it applies to driving with anyone under age 18, while similar laws in Arkansas and Louisiana seek to protect children under 6 and 13, respectively.

''We thought this was of particular importance because it focused on children in a space that's confined and where they have limited access to leaving,'' said Alecia Sanchez of the American Cancer Society.

Neither side argues that secondhand smoke is healthy or risk-free, but they disagree over the extent to which opening a car window dissipates the smoke and reduces risk to a child.

The California Air Resources Board classified secondhand smoke as a toxic air contaminant in 2006 because of its potential for causing cancer, heart disease, asthma or other respiratory ills.

Children who spend one hour in a smoke-filled car can be exposed to the same quantity of toxic chemicals as if they had smoked 17 to 35 filter-tipped cigarettes, according to the California Medical Association Foundation.

Californians interviewed last week had mixed views of the new law.

''I think it's fine,'' said Loretta Holloway, 62. ''Children can't voice their opinions and smoke is harmful to them, so why should we smoke in their presence?''

But Freddy Green, 56, said the ban accomplishes little because children of smoking parents will continue to be exposed inside their homes - and targeting the latter would invade privacy.

''It's going to get to the point in California where you can't smoke even in your own private backyard,'' said Lorena Dorsey, a 52-year-old smoker.

Legislation, court decisions or common practice in many states have restricted smoking in various other residential settings - through child custody orders in divorces, for example, or in prisons and foster homes where taxpayers must pay for health care, Banzhaf said.

''Smoking, like other activities, should be confined to consenting adults yn private,'' Banzhaf said.

But Oropeza said she has no intention of targeting private homes in California.

''This is America, for goodness sake,'' she said. ''I'm not into prohibition.''
http://www.newspress.com

Boss sued for sacking non-smokers

Boss sued for sacking non-smokers

A German boss is being taken to a tribunal for firing non-smokers and replacing them with smokers who "fitted in better".

Thomas Jensen, head of a telesales company in Buesum in northern Germany, has laid off three non-smokers at his company and said he will not be hiring any more.

He said: "Smokers have always been our best employees. Non-smokers interfere with corporate peace.

"Our non-smoking employees were actually convinced that they had the right to smoke-free zones. They just complained all the time about smoking, and I don't like grumblers.

"It was also very disappointing that the non-smokers would distance themselves from the smokers at social events - it didn't build any team spirit. From now on, I'm only employing smokers."

The three sacked workers are now suing him for unfair dismissal.
http://www.ananova.com

Supermarket chain's cigarette ban meant to help workers

Supermarket chain's cigarette ban meant to help workers
Maria Panaritis
The Philadelphia Inquirer
PHILADELPHIA - Smokers, it seems, are going down like ducks in a shooting gallery, with 2008 emerging as the Year Of the Cigarette Ban.

Capping a week in which smokers were booted to the curb in city after city across the globe, the Wegmans supermarket chain announced last week that it would stop selling cigarettes for the first time since its inception in 1916. The chain operates 71 stores.

The decision, which takes effect Feb. 10, makes Wegmans Food Markets Inc. the highest-profile supermarket group known to have removed the beleaguered tobacco product from its shelves. Wegmans has stores in New York, New Jersey, Pennsylvania, Maryland and Virginia.

Governing bodies across the United States and abroad rang in the new year by implementing or approving restrictions on smoking.

Lawmakers in Turkey voted Jan. 3 to prohibit smoking in all enclosed public areas in 2009. The country already restricts smoking on buses and airplanes.

People in Paris awoke Jan. 2 to their first-ever smoke-free day at bars and cafes, while citizens across the rest of France faced a similar ban at restaurants and casinos.

On Jan. 1, smoking restrictions went into effect across Illinois to include bowling alleys, pool halls and casinos.

Officials at Wegmans said they hoped the supermarket's sales ban, combined with a soon-to-be-introduced smoking-cessation program, would help employees kick the habit.

''The main reason we have come to this decision is that we truly care about each of you,'' Wegmans chief executive officer Danny Wegman and daughter Colleen Wegman, company president, wrote in a letter mailed to the homes of employees. ''... We feel this is an important part of our commitment to helping you live a healthier, better life.''

The privately held company prides itself on cultivating a quality workplace environment for its employees. It was with that end in mind, said spokeswoman Jo Natale, that top company officials decided over the last few months to ban cigarette sales.

''We hope that our customers will understand the reason we've made this decision,'' Natale said.

Wegmans is ''ahead of the curve'' in the supermarket industry in banning cigarette sales, said Richard George, a professor of food marketing at the Haub School of Business at St. Joseph's University.

Wegmans markets itself to upscale customers as a grocer that sells fresh, wholesome food, which George said dovetails nicely from a marketing perspective with the decision to eliminate cigarettes.

Do not, however, expect other supermarkets to follow suit, George said. Cigarettes are too profitable to remove.

''Your traditional retailers, I don't think, would do this,'' he said.

Supermarket profit margins are in the 1 percent to 3 percent range, whereas cigarette margins can be as high as 50 percent, before taxes, he said.

''They're significantly higher than, say, (margins) on a box of Cheerios or a tube of Colgate toothpaste,'' George said.

They are profitable, in part, because tobacco companies offer big promotional discounts - sometimes in the form of cash payments - to retailers who sell their products, George said. Cigarette advertising is largely done in stores due to limitations set on the industry.

Wegmans has long refused to accept promotional revenue from cigarette companies, which means it will take less of a profit hit in removing the merchandise, the company spokeswoman said. She declined to offer specific revenue figures.

Other supermarket chains, said George, ''may say, 'We sell cigarettes. That helps us to keep the price of our milk, eggs, butter and everything else down.'''

David Sutton, a spokesman for Phillip Morris USA in Virginia, said he would ''have nothing to offer in terms of a comment on this issue.''

But regarding the smoking bans, he said: ''We continue to believe that private business owners should have the right to make the decision about whether to allow smoking in their establishments.''

He said, however, that some restrictions were reasonable. ''People have the right to avoid being around secondhand smoke in places where they must go, such as public buildings, train stations, things like that,'' Sutton said.
http://www.newspress.com

2 smoking ban hearings today

2 smoking ban hearings today
Issue before judge and council panel

By Dan Klepal
Louisville's voided smoking ban will go before a judge today, and its proposed new smoking ban will get a hearing before a Louisville Metro Council committee.

During a hearing at 10:15 this morning, the Jefferson County attorney's office will ask Senior Status Judge Stephen Ryan to reconsider his Dec. 21 decision overturning the ban.

Circuit Court Judge Denise Clayton had ruled in November that an exemption for Churchill Downs in the old ban, which took effect July 1, was unconstitutional. Ryan subsequently found that the law never would have passed without that provision, and threw out the entire ordinance.

The result has been a resurgence of smoking in many bars, restaurants and bingo halls in the county.

Assistant County Attorney Bill O'Brien said his office also will ask Ryan to mark his ruling as "final and appealable," a technicality that will allow the city to appeal the decision to the Kentucky Court of Appeals if he declines to reverse himself.

O'Brien said the appeal is important, even if the Metro Council passes a new smoking ban, as expected, on Thursday.

That's because Ryan ruled that a so-called "severability clause" in the ordinance does not apply. The severability clause was meant to protect the rest of the smoking ban by allowing the council to "sever" the Churchill Downs exemption after it was ruled unconstitutional.

Ryan found that Kentucky law "certainly does not stand for the notion that courts are to construe questionable statutes or ordinances constitutionally valid simply because a severability clause exists."

That's an important finding, O'Brien said, because many other metro ordinances feature severability clauses.

"It could have impact in many other instances," O'Brien said.

Meanwhile, the council's Health and Human Services Committee will debate aspects of the new ban beginning at 1 p.m. today. The proposed ordinance has several changes -- including a provision that would force business owners to call police if a patron refuses to stop smoking inside and refuses to leave the premises.

Committee members will debate the proposed ordinance, with O'Brien and the health department director, Dr. Adewale Troutman, on hand to answer questions.

No public comment will be taken.

Chairwoman Mary Woolridge, D-3rd District, said she'd prefer that the committee just remove the Churchill Downs exemption and keep the remainder of the old law.

"We don't want this thing to end up in court again," she said. "But you never know what's going to happen."

The Louisville Metro Hospitality Coalition and the Kentucky Charitable Gaming Association have both launched radio advertisements trying to build public support for changes to the law.

The hospitality coalition would like an exemption for clubs that cater to people 21 and over. The gaming association wants an exemption for bingo halls that have separately ventilated smoking rooms.
http://www.courier-journal.com

Mixed fortunes for pubs on New Year’s Eve

Mixed fortunes for pubs on New Year’s Eve

CARLISLE’S pubs and clubs are counting the cost of the first New Year’s Eve after the smoking ban was introduced.

Some pubs and social clubs reported fewer customers but others said business had not been adversely affected.

And taxi companies said New Year’s Eve was as busy as usual.

Craig Walker, manager of Woodrow Wilson in Botchergate, said the pub took more money than the previous New Year.

He said: “New Year’s Eve fell on a Monday so it was never going to the busiest of nights.

“But we took more money this year, which is good considering the introduction of the smoking ban.”

David Scott, manager of the Boardroom on Castle Street, said that the pub had a good year of trade and said New Year’s Eve was “just a normal night”.

He said: “Business has dropped a little bit since the smoking ban but there was no noticeable difference on New Year’s Eve.”

He added that Christmas was a busy period for the pub.

But Trevor Wall, manager of the Howard Arms on Lowther Street, said business was quiet.

He said that December 31 had not been a busy night for the pub since the Millennium and he thinks this may be down to pubs and club who charge entry fees on the night.

He said: “The smoking ban has affected us a little bit but not a lot.

“We adapted and have a beer garden for smokers.

“But I think entry fees for pubs put people off on New Year’s Eve.

“I think a lot more people have parties in houses.”

The St Margaret Mary Social Club in Upperby said they had a quieter New Year than normal.

Gerald Lapping, assistant social secretary, said: “We were quieter than previous years and I think this has a lot to do with the smoking ban.

“We still had a lot of people in the club but I think more people than before decided to stay at home where they could have a drink and a smoke.”

Carlisle Working Men’s Social Club’s manager Michael Maxwell, said that the club is yet to be affected by the smoking ban.

He added that the club was busy on New Year’s Eve.

City taxi firm Carlisle Drivers say that business was busier than ever.

http://www.newsandstar.co.uk

Smoking ban plunges club into crisis

Smoking ban plunges club into crisis

CLUB bosses have moved to quash fears the premises is closing after huge debts and falling membership.
The Deneside Catholic Club, which currently employs 14 staff, was once one of the most popular working men's clubs in South Tyneside.

But changing trends and last summer's smoking ban have taken their toll and hit the club hard.

Officials say weekly takings are down to between £6,000 and £7,000 a week, compared with more than £12,000 in the club's heyday.

Now the club, in St Joseph's Way, Fellgate, Jarrow, is hoping for a brighter year, and has dispelled rumours of its demise.

New club secretary Liz Dempsey said: "It's true that we have substantial debts, but the club is currently talking with a major brewery about the future.

"The smoking ban has certainly hit us hard, because many of our members are older people who enjoy a smoke, and some are no longer coming to the club.

"And our takings are down by several thousand pounds a week, compared with what they were a few years ago.

"However, we have to look forward with confidence, and we are committed to turning the club around.

"We need to retain the older mem-bers, while also attracting a younger crowd."

But even a recent planning bid to construct a smoking shelter for members outside the club met with opposition from local residents.

The club's plummeting membership was among the problems highlighted at a recent extraordinary meeting.

Club vice-chairman Joe Martin said: "Members were told how serious things are at that meeting and how the club has been struggling to keep its head above water.

"But we have to stop these rumours that the club is closing and attract people back to the Deneside."

Mrs Dempsey, who was elected secretary in early November, added: "We can't bury our heads in the sand any longer about the problems at the club, and that's why we have to clear our debt and move on.

"I would call on members, past and present, and people in the community to get behind the Deneside."
http://www.shieldsgazette.com

Fire still burning in belly and ashtray of smoke-ban battler

Fire still burning in belly and ashtray of smoke-ban battler
By PETER ROSS
AS I approach Blackpool by train, the famous tower juts above green fields, a raised middle finger to Middle England's settled ideas of good taste and restraint.
This Lancashire seaside town acknowledges no tomorrows, merely the right of the individual to party right here, right now. It is, therefore, the most natural place in the world for someone to take a stand against the smoking ban.

Hugh Howitt, a Glaswegian known to all as Hamish, has been a pub landlord in Blackpool for 11 years. He owns and runs the Happy Scots Bar, a former theatre so close to the sea front that spray soaks and corrodes the pro-smoking posters covering its facade. In November, Howitt became the first landlord in England to be prosecuted for flouting the smoking ban. He was fined £500 and ordered to pay £2,000 in costs. Yet he continues to allow customers to puff away on his premises.

I meet him on an ash-grey day. A slender man of 55 with spiky silver hair, Howitt has so much energy Blackpool Council could use him to power the illuminations. He and his wife, Jo, pick me up from the station in a Mercedes, the interior somewhat chewed by their two shih tzu dogs. The Howitts have 14 pets, including two toads, a lizard, a brace of lovebirds, Zasu the toucan, and a parrot which speaks fluent Glaswegian and is forever imploring Jo to "put the kettle on, doll".

In his car, Howitt points to the hole where the stereo used to be. "No point reporting it to the police," he says, shaking his head. "They won't do anything."

He says it's ridiculous that 200 police and enforcement officers have visited his pub since the smoking ban was introduced in July yet real criminals go unchallenged. Smoking has become the prism through which he sees the world. Through a fag darkly.

He parks outside his home and we go in. Having spent around £50,000 on his campaign, and expecting larger fines, Howitt is facing bankruptcy. The kids have been taken out of private school, and Jo's parents have loaned thousands. He, meanwhile, is exhausted, stressed and on every type of pill. It seems like an obsession tipping over into masochism, but Howitt is clear about why he is doing this and how it began.

"This all started with my boy," he sighs. "I lost my 21-year-old. I would never have done this if that hadn't happened. It was the pivotal point in my life."

Derek went missing in late September 2003. His body washed ashore the following month and the circumstances of death remain unknown. Howitt was devastated but found comfort in alcohol, cigarettes, and the sanctuary of his pub.

"After the funeral we opened up all three bars and had 2,000 people through that day," he recalls. "All these relatives and friends were coming up and giving me a cuddle. If it happened now, I would have to stand outside to smoke. When I most needed dignity and privacy, I would actually be mocked and stared at by people who never spent a penny in the pub in their life."

For Howitt the smoking ban is "a hate crime" against the working class, members of which he argues are more likely to be smokers and regular pub-goers. He no longer smokes, has taught his nine children it is a bad habit, and wishes the Government would ban tobacco. However, he believes that while people live in poverty they should have the right to smoke in pubs.

"If you are getting stuffed by society and the Government's not doing anything for you, why would you give up the only comfort you've got – a fag and a pint?"

We drive round to the part of the Happy Scots Bar in which Howitt allows smoking. Although the ban was only introduced in England in July, the ashtrays lying on tables already appear anachronistic, a feeling amplified by the smoke in the air and Spandau Ballet's 'True' on the jukebox. I am introduced to one regular, a 74-year-old gent, dapper in a check sports jacket, who tells me "human life would not be worth living" if he couldn't come here for a cigarette and drink.

People visit from all over just so they can smoke in his bar, says Howitt. One blind woman comes down from Denistoun. A Christian and socialist, Howitt regards himself as catering in particular for the old and infirm, people he says would otherwise be starved of human contact.

Howitt grew up in the north-east of Glasgow in the Garngad slums, one of 12 children, and dreamed of becoming a doctor. Although he won a partial bursary to grammar school, the family couldn't afford the rest of the fees.

Bitter, he became involved with a local gang and, aged 17, went to prison for serious assault. On release, he got out of Glasgow and spent 20 years running bars around the world before returning to spend time with his father, who w
as dying of lung cancer.

It's clear Howitt changed his life after prison, working hard to become a better person and make a good living. It's also clear that if he persists with his campaign he faces financial ruin and a custodial sentence for non-payment of fines.Yet he feels he would be an apathetic coward if he didn't resist the ban. He has formed a political party, Fight Against Government Suppression (Fags), and believes he can change the law eventually.

We go back outside. "I would never do this if I thought it was just about smoking," he insists. "If I win, my kids will grow up in a freer world. I've not got the funds, though, and I'm converting my house into flats to try to save everything. It's how far you'll go. But I've nowhere to go any more."

He leans into the wind coming off the Irish Sea, Blackpool Tower at his back. "I don't see a way out for me. I really don't."
http://scotlandonsunday.scotsman.com/comment?articleid=3644361

Smoking bans kill damage business's

Smoking bans kill damage business's
When ever there is an introduction of a blanket smoking ban,the ANTI's will tell you that is has no affect on business and in fact,you may get new customers.
This is a lie-the only fact s surrounding smoking bans are 1)they do damage business's and 2)they don't decrease smoking rates,in fact in most cases,after an initial small reduction,smoking rates go up after 12 months. If you don't believe the rubbish spouted by the ban enforces,they do not save lives because of exposure to second hand smoke.
There must be indoor provision for smokers to stick any chance of minimal affect on your business-smoking rooms or maybe exemptions for smaller bars-this is fair t