'Smoke-on-Trent' pubs ignore ban
Licensees in Stoke-on-Trent have been warned not to allow smoking to take place in their pubs despite a bureaucratic blunder that means fines can not yet be issued.
Council officials failed to get enforcement powers in time for July 1 and smokers are reportedly now flocking to sample Stoke's 400 pubs and bars, as well as lighting up in enclosed spaces such as bus shelters, without fear of a £50 on-the-spot fine.
However, MA legal editor, Peter Coulson, warned: "Smoking is now illegal in all public places in England - that's the law. This is simply an administrative mistake and I'd seriously advise licensees not to allow people to carry on smoking in their pubs."
Posters in the Smithfield Bar and Restaurant now declare "Welcome to Smoke-on-Trent".
Owner Dax Robateau said: "I'm still going to let people smoke but there's no malice involved at all. We've spent £21,000 on our smoking area - we were ready and they weren't - it's as simple as that."
He added that he wasn't overly worried about being hit with a £2,500 fine because of the publicity received as a result.
But Deborah Stringer, manager at the Glebe, a Marston's tenancy, is still forcing smokers outside. "Our customers are still smoking outside, maybe if the weather was bad I might consider letting them smoke inside," she said. "I think there's a general feeling that we all need to get used to it, though. We're a family run pub and people are worried that we might be fined because it's not really clear whether licensees could be fined."
The blunder happened because council bosses believed the powers were delegated to a department head.
A council spokesman said: "Late changes in technical bits of legislation meant that we had to get a different approval to enforce the smokefree regulations. At the moment the enforcement power lies with our Licensing and Consumer Protection Committee.
"We are not powerless to take action against individuals and businesses. If we wanted to do it now we would report incidents to the committee who would authorize legal action.
"On Monday 16th the Committee will delegate the power to officers and we will be able to issue notices on the spot.
"Stoke's approach so far has been one of support, advice and assistance to businesses. The response has been excellent across the city and we haven't needed to be heavy handed.
"We must re-iterate smoking in enclosed public spaces is illegal. The Council can take action where this is happening."
Get in touch with us if you've been in one of Stoke's smoking pubs.
