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News Article Comments : Pair win right to challenge smoke ban
Two psychiatric patients have been given the go-ahead to appeal against the smoking ban at Rampton Hospital.
The patients lost their High Court case in May but have now been given the right to appeal the decision.
They argue the smoking ban violates their human rights as the hospital is, in effect, their home.
They believe that being prevented from smoking in the privacy of your own home is a "disproportionate interference".
The security of allowing patients outside the grounds to smoke was one issue raised in the case.
Lord Justice Tuckey said: "It is obviously a case of importance - not just to those detained at Rampton, but also to the many other mental patients who are smokers.
"We are told that 70% of detained patients smoke as opposed to 22% of the general population."
The appeal is likely to be heard later this year.
| Author Name | Opinion | Reply |
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Harry Barnett 10/09/2008 13:01:25  |
RE: Pair win right to challenge smoke ban At last! Somebody is challenging an aspect of the draconian ill thought out smoking ban. Unfortunately it wasn't a publican. But who knows from small acorns. Obviously a fairminded Judge as well. We wish them the best of luck. This post replies to this thread |
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| eddie robinson 10/09/2008 13:09:09 |
RE: Pair win right to challenge smoke ban Well, there's already a precedent. Apparently all of the loonies in Westminster are allowed to smoke. This post replies to Harry Barnett > RE: Pair win right to challenge smoke ban |
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| Harry Barnett 10/09/2008 13:12:20 |
RE: Pair win right to challenge smoke ban Quite right Eddie. In fact if you go to smokescreen-online.co.uk you will find a video of me doing exactly that.Smoking in the strangers bar in the Houses of Parliament without being being challenged. I will be sending a copy of this to Rampton in the hope their legal team may be able to make use of it. Also we are sending a copy of our petitions (some 7000 signatures to them. If the licenced trade were to offer support in some way it might just help to have our civil liberties restored. Oh! I know pigs might fly but funnier things have happened. Like this ban in the first place!!! This post replies to eddie robinson > RE: Pair win right to challenge smoke ban |
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Bill Gibson 10/09/2008 14:12:37 |
RE: Pair win right to challenge smoke ban Hamish Howitt, Happy Scots Bar, Blackpool already has his papers lodged with the High Court and expects to have a 4 day hearing in late October / early November. Therefore there is a publican prepared to stand proud for what he believes in Freedom to Choose how he runs what is a Private Business and the erosion of his and our Civil Liberties. Get behind Hamish and turn up in numbers when the big day comes... This post replies to Harry Barnett > RE: Pair win right to challenge smoke ban |
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| Harry Barnett 11/09/2008 11:34:15 |
RE: Pair win right to challenge smoke ban Bill, We are and always have been there to support Hamish as well as Nick Hogan .I was asking where are all the others who will benefit should Hamish win? Sitting there saying he has no chance no doubt.Well nor does their businesses for much longer. As Hamish has often said, it is not only Gov policy ,but the total apathy of the trade that is doing the damage H edited by: Harry Barnett at: 11/09/2008 11:36:04 This post replies to Bill Gibson > RE: Pair win right to challenge smoke ban |
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| Bill Gibson 11/09/2008 20:32:03 |
RE: Pair win right to challenge smoke ban There are also 633 bar owners in Holland pulling together to take their Government to court, they have gained support from a brewery,the brewery will pay part of the legal costs. When they win their case then the bans throughout Europe will crumble but no thanks to the UK publicans or Brewers who have rolled over and will no doubt do so again when the noose is tightened with the introduction of the next round of restrictions. There is also another high profile case in N Ireland where the defendant will be in court next Monday appealing an earlier judgement and is set to lift the lid on some very sensitive information that will fire up the media against the Government at Westminster and in particular the Health Dept. edited by: Bill Gibson at: 11/09/2008 20:33:08 This post replies to this thread |
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| Sean Spillane 20/09/2008 07:36:51 |
RE: Pair win right to challenge smoke ban When the ban first came in the Breweries thought they could offset the "wet sales" with the cushin of "off licence sales" and retain their profit margin without being hit too hard. Bill Gibson is spot on when he says that if these brewing giants supported all efforts to fend off the ban before it brought in, then I feel we would be in a better position. With various organisations fighting this ban the big brewers could have easily contributed to any legal costs. Now they are seeing the devastation caused they colud still act and help us in getting this ban ammended. With their massive advertising budgets they could send the government they same message we are telling our MPs, "CAN'T SMOKE, WON'T VOTE" and could end up being "probably the best the best campaign against any government, ever" This post replies to this thread |
