Smoking ban could be delayed by legal challenge

A solicitor acting for Freedom to Choose has claimed its planned judicial review of the smoking ban could result in the July 1st deadline being postponed.

Human rights lawyer Jaswinder Gill, of London law firm Ormerods, is preparing to launch the application for a review on behalf of the group which wants to see ventilated smoking rooms allowed in pubs.

If permission is granted, I think it is a real possibility that the the date of the smoking ban may be put back until it has been heard​Human rights lawyer Jaswinder Gill.

He told the MA that a QC was in place and funding secured for the application process to begin.

He said: "We will argue that the smoking ban is a disproportionate response by the state, the consultation process was flawed and people's human rights are being infringed by this ban.​

"We are ready now and we are hopeful that the courts will act quickly because the implementation date is in the summer."

The group's application will be considered by the High Court and if it is agreed that there is a case to answer then permission will be granted for a full judicial review.

Gill said: "If permission is granted, I think it is a real possibility that the the date of the smoking ban may be put back until it has been heard."​ Freedom to Choose spokesman Robert Feal-Martinez added: "A Regulated Indoor Air Quality Standard clearly is the way forward.​

"There is growing disquiet amongst the public and this is reflected in the amount of resources the Government is putting in to its advertising campaign to promote the ban."

If the group's application is successful it will need further donations to pay for the review.

To find out more visit www.freedom2choose.co.uk​