Smoking ban flouters vow to fight on

Licensees flouting the smoking ban claim they will continue to defy the new law until a guilty verdict is reached in the Hamish Howitt court case.

Howitt, licensee of the Happy Scots in Blackpool and the first licensee to face court over allegedly breaching the smoking ban, had his case delayed for a second time on August 15.

Blackpool Magistrates ruled the case should be heard by a district judge, due to the number of charges Howitt is facing.

Speaking exclusively to The Publican outside the court, Howitt said: "Until someone stops me at the High Court, I am going to carry on. It's a new law and it's got to be tested."

Nick Hogan, licensee of the Swan and Barristers in Bolton, Lancashire, said he would do the same. "I challenge Bolton Council to do the same as Blackpool. Take me to court, let me get in court, and let me show you how wrong you are," he said.

"Absolutely we will carry on smoking. At this moment in time, no offence has been committed whatsoever. A judge will decide whether an offence has been committed."

Tony Blows of the Dog Inn, Ewyas Harold, Herefordshire, has also vowed to continue ignoring the new smoking legislation.

"We are going to carry on," he said. "I am going to warn my patrons that you can still get nicked for £50, but you can't stop them, you can't enforce it at all."

When Howitt first appeared in court on August 1, he entered a plea of not guilty of failing to stop a person smoking on licensed premises. His wife, manager of his second venue Del Boy Sports Bar, and son also entered pleas of not guilty.

Howitt faces a possible fine of £30,000 if found guilty. The case is not expected back into court until September, with October mooted for the trial hearing.

The magistrate also said Howitt's solicitors would be allowed to put forward an 'abuse of process' argument and the local authority would have 28 days to respond. The proceedings are subject to delays because it is difficult to get hold of a district judge for both hearings.

Howitt was removed as chairman of his local Pubwatch after a ballot by members.