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Friday, 3rd September 2010

Landlady fined for breaching smoking ban

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Published Date: 21 April 2008
A PUB landlady has been ordered to cough up £365 after she admitted failing to prevent a customer smoking.
Council licensing chiefs launched their first prosecution under the new smoke-free legislation after an undercover check by an enforcement officer at the Queen's Hotel in Market Street, Carnforth.

Lancaster magistrates heard the council had received a tip-off that licensee Rozalynd Boyd, staff and customers were continuing to smoke in the pub, despite the Government's ban on lighting up in public places last July.

Luke Gorst, prosecuting, said that after receiving the letter on January 15, the council wrote to Boyd, 54, telling her she needed to stop people smoking.

But a second complaint led to the enforcement visit on February 13 when the officer noticed a "strong smell of smoke" and spotted a woman lighting up in the bar area before walking outside

The officer also noticed cigarette ends in an ashtray on a table at the back of the pub.

David Mainwaring, defending, described the incident as an "aberration" and said Boyd had been out at a cash and carry while another employee had been dealing with a customer.

Mr Mainwaring said the woman who lit up had now been banned, adding that there were "No Smoking" signs and mirrors to help staff check different areas of the pub.

He said the ashtray did not mean people had been smoking and that cleaners were responsible for clearing ashtrays in designated smoking areas.

Presiding magistrate, Malcolm Lowe, who fined Boyd £100 and ordered her to pay £250 costs and £15 to the victim support fund, said: "Let this be a lesson to you."

Speaking after the court hearing, Mrs Boyd, who began smoking again two years ago having stopped for 23 years, said the fine was "pretty fair".

But she added: "I did not think it was fair that they brought the case after only one time, especially considering the person that committed the offence was not fined.

"We do our best to keep the premises-smoke free and staff are now more vigilant but it is very difficult to police a pub with three separate rooms, especially when we are not there."

Mrs Boyd said she had been unhappy when the smoking ban had been introduced and that trade had suffered but said she had not rebelled and that the incident had been "unfortunate".

She denied the allegation that herself, other staff and customers had smoked in the pub, which has a smoking shelter and gazebo.

Coun David Kerr, Lancaster City Council's cabinet member for environmental health, said the council was prepared to launch more prosecutions where complaints were found to be justified.

"The honeymoon period for smoking in public places and workplaces is over," he said.

The person lighting up can also be fined £50 but on this occasion the council said it had followed guidelines recommending prosecution of the licensee only.

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  • Last Updated: 21 April 2008 2:29 PM
  • Source: n/a
  • Location: Lancaster
 
 
 


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