Chorley landlord could move abroad after losing smoking ban appeal

Chorley landlord could move abroad after losing smoking ban appeal
By Andrew Greaves

A Chorley landlord is thinking of selling up and moving abroad after losing an appeal against his conviction for allowing customers of his former pub to smoke on the premises.

Nick Hogan, licensee of The Swan With Two Necks, Water Street, and, at the time, Barristers in Bolton, 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.

Mr Hogan, who lives in Summerseat, 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.

Now, after losing his appeal against the conviction - and a fine of £3,000 - Mr Hogan says he is ready to take the fight to the High Court and, if necessary, the European courts.

He said: “I told the court that I was not in the pub at the time so could not possibly have seen the people smoking.

"I am now bankrupt so the Swan With Two Necks is my wife Denise's pub but I would seriously consider packing up and moving abroad because all I am asking for is fairness.

“Gordon Brown said at the Labour conference that he wanted to create a fair society but he is not doing that with the smoking band.

“They have different rules in places like Spain and they work well but in this country the Draconian measures this Government has introduced is killing the industry.

“Only the UKIP party is willing to stand up for what we believe in and I am fully supporting their political campaign.

"We are now fighting this on a political level because I cannot believe that a Labour government would do this to working class people.”

At Bolton Crown Court, Judge Angela Nield said Mr Hogan’s well-publicised opposition to the ban, would have ‘encouraged’ customers to smoke and he would have known this.

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.lancashiretelegraph.co.uk


Will Young Launches A One-Man War On The Smoking Ban
Matthew Laidlow

Hey, guess what! Will Young has a new album coming out. How do we know this?

The Pop Idol winner has been thankfully away from our TVs and radio for a good healthy period of time. But now he’s back making all sorts of grand pronouncements. Bum. When popstars aren’t around to annoy us, no-one gives a toss about them. But when albums are released, quotes from press interviews are suddenly given massive importance. Erm… just like we’re doing right now. Bum.

You see, Will Young’s decided to come out (not literally - we’ve had a hunch for a while) with a random statement about one of the main loves in his life – the good old cigarette.

Will Young is one of those people whose main vice in life is to fill his mouth with the sweet taste of smoke. Mmm, if ever there was a sexy thought to cross our minds. Well, the thought of the stubbly lady from the off license is a close second. Sadly for Will and millions of other fag lovers, the government decided to go and outlaw smoking in pubs and public buildings, effectively making sure you can’t light up anywhere.

Hooray! Non-smokers won’t die of cancer from the evil gases that come from cigarettes. We can now wander the street with only the fear of being shot at or being stabbed in our minds instead. God bless Britain.

Some famous folk have decided to ignore the ban on smoking and do radical things like smoking on stage at gigs. But Will Young wouldn’t do that! Oh no. Probably because parents of the under-18 gigs he plays wouldn’t be happy. If their 12-year-old children want to smoke, it should be their choice. Being influenced by a past-it Pop Idol bloke won’t help.

Nevertheless, Will Young is pissed off with not being able to smoke anywhere. He told Now magazine that he’d reverse the smoking ban if he had the power. Something that’s as likely to happen as Jordan not having any more surgery on her tits. Will said:

“If I could pass any law I’d reverse the smoking ban. The amount of times I’m outside a building, in a public place, and someone says: “You can’t smoke here.” And I’m like: “I’m on the pavement; just you try and stop me!”

Yeah! Just try and stop him. What you gonna do? Remember he sang in a competition once and now has more power then you could ever have? Leave him alone. He’s done nothing to you. At least in his mind, he can make a difference. So just go with him before things get tasty and bits of your leg go missing.

We have an idea of how Will can get his fix of smoke for free. We are all financially fucked at the minute, remember. All you need to do is get in your car and have the engine running. The fumes it emits will entice the Pop Idol bod to come and smack his lips right round the exhaust. As he breathes it all in, the option of reversing the car over him is entirely up to you. Just remember, we didn’t plant that idea in your head. Not even if the judge asks.
http://www.hecklerspray.com/will-young-launches-a-one-man-war-on-the-smoking-ban

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

I'm left fuming

I'm left fuming

Having been a smoker for many years before giving it up nine years ago, I was appalled to read that they want to ban people from smoking outside a pub in Coalville (Mercury, September 20).
How much longer are people's human rights going to be eroded because of so-called do-gooders. Pubs are already under pressure because people have to sit outside like second class citizens in all weathers. Why not just round all smokers up and stick them in prison and be done with it.
It's enough to make me want to start smoking again – just out of spite.
Brian Heathcote, Aylestone.
http://www.thisisleicestershire.co.uk

MPs barred from Blackpool pubs

MPs barred from Blackpool pubs

Nine bars in Foxhall Village have signed a declaration stating they will not allow Blackpool South MP Gordon Marsden or Blackpool North and Fleetwood colleague Joan Humble inside their premises.

The document - signed by the licensees of The Happy Scots Karaoke Bar, Del Boys Sports Bar, The Boardwalk, The Princess, The Jaggy Thistle, The Bierkellar, Sportsbar, Lifeboat and Gaiety Bar - states both MPs are banned from the pubs until "they stop the destruction of the Great British pub".

Smoking-ban rebel landlord Hamish Howitt, who runs The Happy Scots and Del Boys, organised the move after getting fed up neither Mrs Humble or Mr Marsden had given him an explanation of why they voted for the ban on smoking in all public places, which came into force in July 2007.

The 56-year-old, who set up his own political party in opposition of the smoking ban called Fight Against Government Suppression (FAGS), has made numerous court appearances for allowing customers to light up in his bars.

He said: "I have 100 per cent backing of all the independent bars from Manchester Square to the town centre. Every single independent bar signed the barring notice in Foxhall Village.

"We hope it might provoke some sort of reaction from them because they still have not explained why they voted, in a free vote, for the smoking ban.

"They seem to have just kept avoiding the issue. We hope this will send out a message to the Government as well. The smoking ban in a recipe for enforced bankruptcy.

"Everybody I speak to in the industry is on their knees. The traditional pubs were in decline anyway, but the Government out the boot in with the smoking ban.

"If Gordon Marsden or Joan Humble turned up at my pub, I would have to say to them 'I'm sorry, you're barred."

Joan Humble, MP for Blackpool North and Fleetwood, said she was disappointed to hear of the ban.

She said: "I do not often go out to pubs in that area, but when I've spoken to other publicans in Blackpool, many have told me the smoking ban has helped them bring in new customers and have welcomed it.

"We must not under-estimate the pressure on our pubs at the moment.

There is a challenge for the local pubs, but banning Gordon and I is not the way to tackle it.

"Hamish and his colleagues are focusing on one issue, but there are many complex issues, including the fact people can buy cheaper alcohol in supermarkets and drink at home."

The pub industry says it has been hit by a damaging cocktail of the smoking ban, rising food and utility costs, declining consumer spending and cheap alcohol in supermarkets.

Around 60 pubs a week are closing nationally with many publicans blaming the effect of the smoking ban.
http://www.blackpoolgazette.co.uk


100 pub jobs lost as firm folds
13 September 2008
By Peter Ranscombe
THE effects of the smoking ban and a downturn in trade caused by the credit crunch were yesterday blamed for the voluntary liquidation of CMC Management, which will result in the closure of 15 pubs across Scotland.

Crawford Mitchell and Gary Colton, CMC Management's directors, said the a significant downturn in trade had made it "impossible" for the pubs to continue trading.

About 100 jobs will be lost following liquidation, which was granted by Falkirk SherADVERTISEMENTiff Court on Wednesday.

Pubs affected by the voluntary liquidation include the Gray Horse, in Edinburgh, the Stirling Arms, in Dunblane, and the Victoria Hotel, in Nairn.

Maureen Leslie, of MLM Insolvency, said: "We were appointed by the court after CMC Management directors applied for voluntary liquidation.

"It is our understanding that a general downturn in business after the smoking ban was introduced and the significant reduction in trade due to the credit crunch are the two main factors behind the business failing.

"In this case, the directors have no further comment to make." Leslie said the directors would carry on with CMC Inns, their other business, which includes about five other pubs on different terms from the breweries, with longer leases.

She added that the units within CMC Inns were better performing pubs.

Leslie said: "We are seeing more and more businesses going into liquidation as a result of the credit crunch.

"Businesses are increasingly finding it much more challenging to make ends meet as people spend less and the cost of running a business increases."
http://business.scotsman.com

Agyness Deyn flouts smoking ban at New York Fashion Week

Agyness Deyn flouts smoking ban at New York Fashion Week
Supermodel has a sneaky fag backstage at catwalk show

Agyness Deyn has been snapped having a crafty cigarette backstage at New York Fashion Week.

The supermodel flouted the ban in front of a 'No Smoking' sign as she relaxed in the VIP area at Anna Sui’s catwalk show.

She had earlier strutted the catwalk in a gold leaf-print jacket and chunky accessories.

Agyness, 25, is dating Strokes guitarist Albert Hammond Jr, 28.
http://www.nowmagazine.co.uk


BRAINTREE: Bar battle goes up in smoke
Thursday, September 11, 2008, 16:52
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A LANDLORD who single-handedly took on Braintree District Council over the smoking ban has been forced to close his bar.
Paul Keenan, co-owner of Hogs Wine Bar, Bradford Street, repeatedly flouted the ban after the council ruled his outside smoking area, which he built as part of a £200,000 refit, was a noise nuisance to neighbours.
Now Paul blames the "massive" impact of the ban, followed by the "final nail in the coffin" – the credit crunch – for sending his business under.
"Anyone outside the town centre is in trouble," he said. "So many landlords are not going to recover from the smoking ban. At the age of 42, I have to start all over again."
He says he has lost £200,000-worth of investment in the bar, plus £500,000 of equity on the building which he says he "couldn't give away".

Paul's plight is a reflection of a national trend which is seeing pub closures accelerate at an alarming rate.
Fellow anti-smoking ban landlord Brendan Flynn, who introduced electronic cigarettes in his bar, Brendan's, in East Street, earlier this year, said the situation was desperate.
"Pubs are being absolutely destroyed." he said. "I know of four or five pubs in this town alone that may fold in the space of the next few weeks. If the recession gets any harder, I will be in trouble too."
http://www.thisistotalessex.co.uk