Mayfair club still allowing smoking
The owner of a Mayfair private members club is still encouraging his customers to smoke ahead of a judical review because he believes he will be exempt from prosecution while the hearing is pending.
David West, owner of the HeyJo Club, is set to challenge the government over the ban in the high court.
Westminster City Council reportedly issued the private members club with a written warning but West's lawyers are confident that any legal action brought against them from the council will be adjourned until the High Court hearing.
David is extremely determined and he's certainly got the means to take the case to the European CourtLawyer Rodney Hylton-Potts.
It is unclear when the judicial review will take place.
Barrister Cherie Blair, who is professionally known as Cherie Booth QC, specialises in human rights cases and will represent West and his business associate Harry Barnett, who runs the HeyJo Club.
The pair were advised by their legal team that the case could cost up to half a million pounds.
However, MA legal editor, Peter Coulson, issued a warning: "The smoking ban is the law of the land and will be until the law is overturned.
"It would be dangerous for anyone to allow or support smoking on their premises. It's important to remember that this is a challenge rather than an appeal. If someone was appealing against a court conviction things might be different."
Rodney Hylton-Potts, West's personal lawyer, who organised the case, said: "David is extremely determined and he's certainly got the means to take the case to the European Court.
"The claimants case will revolve around their human rights and those of their customers and staff. The ban puts jobs and the licence at risk. The blanket ban on smoking in all premises, goes much further than was necessary in relation to legitimate aims."
