More pubs face action over smoke ban

Pubs across the country are facing legal showdowns with councils over issues arising from the smoking ban.

Following The Publican's exclusive story last week on Chelmsford licensee Jeff Castledine, more licensees have come forward telling of their harsh treatment from their local authorities.

Noise from smokers outside pubs is the main issue causing licensees headaches.

At the Westgate Inn, in Taunton, Somerset, licensee Carl Ashley has been summoned by his local council to an interview to answer allegations that he has breached his licence. Taunton Dean Borough Council said the breaches concern noise.

The letter sent to Ashley states: "As the interview will be tape recorded in accordance with the Police and Criminal Evidence Act 1984 you may bring a legal representative/solicitor with you. The maximum penalty for breaching licence conditions is £20,000 and or 6 months imprisonment."

Ashley, who has a smoking shelter in his beer garden, said he was "absolutely gutted" when the letter arrived. "We have been here four years and had only one complaint before the ban," he said. "We've now had five complaints since August. Ninety per cent of my customers smoke. It seems very heavy handed."

Another licensee, who wished to remain anonymous, has been sent a letter by his council saying it is "monitoring the situation" over noise outside his pub.

He said he is facing a "catch-22" over what do to with his outdoor area. "I'm being challenged to put in heaters outside, but I'm loath to make the area more comfortable because there is more chance of noise," he said.

Users of thepublican.com flooded the site with comments, mainly sympathetic towards licensee Jeff Castledine's situation.

Castledine is facing legal action from Chelmsford Borough Council for allowing smoke to drift from the beer garden at his pub, the Queens Head, in Boreham, into his neighbour's back garden.

Advice from local authority co-ordinating body LACORS:

"Understanding the letter of the new law is obviously of paramount importance but talking things through with your neighbours can often go a long way.

"Good communication, not only with local residents but also with your local council to discuss planning, licensing, environmental protection and smokefree issues, is key to addressing any factors associated with smokefree legislation."