- Morning Advertiser >
- Forums >
- News Article Comments >
- Licensee fined for flouting smoking ban
News Article Comments : Licensee fined for flouting smoking ban
- Thread is open
- View Article
25 Posts(s) found for this thread: Now displaying page 3 of 3
| Author Name | Opinion | Reply |
|---|---|---|
Alan Thompson 22/02/2008 14:45:18 |
RE: Licensee fined for flouting smoking ban Ken You advised John that "they do not have to police the ban it is there in the legislation regardless of what the councils petty autocrats think." People in charge do have to do a certain amount of 'policing' - The law says " It is the duty of any person who controls or is concerned in the management of smoke-free premises to cause a person smoking there to stop smoking." How far they have to go will be decided by the courts, but I wouldn't bet on anyone getting away with simply pointing to the signs when customers light up. Alan This post replies to Ken Nason > RE: Licensee fined for flouting smoking ban |
|
andy davis 22/02/2008 15:54:57 |
RE: Licensee fined for flouting smoking ban Alan
Do you not see John’s post as relevant? The publican in question was making the point, that his role now extends to be a police officer for the smoking ban, and how absurd the idea is.
I thought you would see the connection. Only 2 days ago you connected a story about german pubs challenging their legal system with F2C’s engagement with the English judiciary, and insisted on the relevance. So do you have a monopoly on deciding what is deemed relevant? This post replies to Alan Thompson > RE: Licensee fined for flouting smoking ban |
|
| Alan Thompson 22/02/2008 16:05:24 |
RE: Licensee fined for flouting smoking ban "Do you not see John’s post as relevant?" Not to this particular thread, which has nothing to do with the 'policing role' Not claiming any monopoly, just pointing out the obvious. Alan This post replies to andy davis > RE: Licensee fined for flouting smoking ban |
|
William McLeod 22/02/2008 16:42:29 |
RE: Licensee fined for flouting smoking ban I do not think that even this government intended for publicans, restauranteurs, and all public operators to have to manhandle someone who refuses to put out a fag. The old phrase due diligence comes to mind. If you find someone doing something illegal, then you take steps to stop it. As we are not judges and juries, we should call the relevant authorities to deal with it. If you think someone is selling drugs in an establishment, you would be better off calling the police rather than jeopardizing yourself, a staff member, or your customers. The same is true if a smoker refuses to put it out. Technically, as you can refuse service to anyone for just about any reason, you may ask them to leave. If they don't put it out and don't leave, then you call the police. Conversely, smoking in a public place is the duty of an EHO, as it is under that act this law was implemented. So it is hard to know exactly what are the proper steps. We asked our LA to give us a blueprint of proper procedures (pubwatch could not come up with one first) and are still awaiting a response. But, unless you operate in an area where there is an abundance of police available, don't expect them to show up anytime soon. For issues such as enforcing a publican's right to remove someone from the premises for violating any law, expect them to show up after the incident is long over, and then it becomes a moot point. This post replies to this thread |
|
| andy davis 23/02/2008 12:48:42 |
RE: Licensee fined for flouting smoking ban Alan surely the obvious here doesnt need pointing out. I'm sure you agree the relevance of John's post. The publican in question was pointing out the absurdities of the law. 1 He cant smoke on his own property/in his own home 2. He has to police the law policing others from smoking on his property/in his home. I'm surprised i need to point out the obvious to bright guy like you,especially as you are directly affected by the same restrictions as the publican in question. This post replies to Alan Thompson > RE: Licensee fined for flouting smoking ban |
|
