Braintree bar flouts smoking law
Braintree bar flouts smoking law
THE LICENSEE of a wine bar fined for allowing smoking in the premises says he will continue to let customers light up – even if it lands him in jail.
Paul Keenan, 42, of Hogs Wine Bar in Bradford Street, Braintree, has become the first person in the district prosecuted under the new smoking law since it was introduced last July.
He slammed the law as “ludicrous” after being ordered by magistrates to pay fines totalling £1,500 and £750 costs.
After spending £150,000 on refitting the premises, including setting up a smoking area outside, he was not allowed to use it because Braintree District Council considered it a noise nuisance in a residential area.
He tried for six months to abide by the smoking law and reach a compromise with the district council, which suggested allowing two people outside at a time, but the business is now losing £2,000 a week.
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“We have one bar non-smoking and one bar smoking. It's fully air-conditioned and I feel the law is absolutely ludicrous,” he said.
Legislation had a massive financial impact as 80 per cent of the customers at the music venue were smokers, said Mr Keenan.
“I am happy to go to prison over this,” he said. “We will be closing down soon because we have lost so much money over the smoking ban. With the credit crunch we can't fight it off. I have no funds to pay the fine.”
He said other European countries did allow modifications of the smoking law in certain areas. Mr Keenan also joined other concerned publicans at a meeting with MPs in Westminster
He said: “How can the Government call the smoking ban a 100 per cent success when four pubs a day are shutting down because of it?”
Chelmsford magistrates fined him for allowing patrons to smoke on the premises on February 15, April 25, May 10 and May 24 contrary to the Health Act 2006 .He was also ordered to pay a £15 victim's surcharge.
Cabinet member for the environment Roger Walters said: “We are very pleased with the way most premises have complied with the new smoking legislation, yet in this case so many repeated warnings were ignored.
“This case shows that we are prepared to prosecute where people persist in allowing smoking to take place.”
A spokesman added: “The outside smoking area does not comply with legislation while it has a canopy cover or is more than half enclosed.
“It's a wine bar in a residential area and, when there is live music, customers tend to go outside all at once, talking loudly and lighting up at the same time. This is not good for the neighbours and needs to be better managed.”
http://www.thisistotalessex.co.uk
THE LICENSEE of a wine bar fined for allowing smoking in the premises says he will continue to let customers light up – even if it lands him in jail.
Paul Keenan, 42, of Hogs Wine Bar in Bradford Street, Braintree, has become the first person in the district prosecuted under the new smoking law since it was introduced last July.
He slammed the law as “ludicrous” after being ordered by magistrates to pay fines totalling £1,500 and £750 costs.
After spending £150,000 on refitting the premises, including setting up a smoking area outside, he was not allowed to use it because Braintree District Council considered it a noise nuisance in a residential area.
He tried for six months to abide by the smoking law and reach a compromise with the district council, which suggested allowing two people outside at a time, but the business is now losing £2,000 a week.
Click here!
“We have one bar non-smoking and one bar smoking. It's fully air-conditioned and I feel the law is absolutely ludicrous,” he said.
Legislation had a massive financial impact as 80 per cent of the customers at the music venue were smokers, said Mr Keenan.
“I am happy to go to prison over this,” he said. “We will be closing down soon because we have lost so much money over the smoking ban. With the credit crunch we can't fight it off. I have no funds to pay the fine.”
He said other European countries did allow modifications of the smoking law in certain areas. Mr Keenan also joined other concerned publicans at a meeting with MPs in Westminster
He said: “How can the Government call the smoking ban a 100 per cent success when four pubs a day are shutting down because of it?”
Chelmsford magistrates fined him for allowing patrons to smoke on the premises on February 15, April 25, May 10 and May 24 contrary to the Health Act 2006 .He was also ordered to pay a £15 victim's surcharge.
Cabinet member for the environment Roger Walters said: “We are very pleased with the way most premises have complied with the new smoking legislation, yet in this case so many repeated warnings were ignored.
“This case shows that we are prepared to prosecute where people persist in allowing smoking to take place.”
A spokesman added: “The outside smoking area does not comply with legislation while it has a canopy cover or is more than half enclosed.
“It's a wine bar in a residential area and, when there is live music, customers tend to go outside all at once, talking loudly and lighting up at the same time. This is not good for the neighbours and needs to be better managed.”
http://www.thisistotalessex.co.uk
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