Blackpool council explains smoke rebel's review

Related tags Premises licence Occupational safety and health Hamish howitt

Blackpool council explains smoke rebel's review
Blackpool Council has confirmed three of the four licensing objectives had not been upheld at Delboys

Blackpool Council has confirmed smoke rebel Hamish Howitt's premises licence was revoked because three of the four licensing objectives had not been upheld.

A certain amount of confusion surrounds the case with Howitt claiming that the council had revoked the wrong premises licence.

The alleged health and safety breaches that triggered the initial review were found in his karaoke bar, Happy Scots, according to Howitt.

But the council revoked the licence for Delboy's Sports Bar above the Happy Scots, which has a separate premises licence.

No weight should be given to public health as it is not a licensing objective​Peter CoulsonLegal Expert

A spokeswoman for Blackpool Council said: "The panel revoked the premises licence after it was determined that three of the four licensing objectives had not been upheld - prevention of crime and disorder, protection of children from harm and protection of public safety.

Health and safety breaches

"It was noted during the review that the premises had breaches of health and safety law and licence conditions, including the lack of a doorman and lack of membership to Pubwatch.

"A proven underage sale was also brought to the attention of the panel.

"Some weight was given to the failure to comply with the Health Act 2006, insofar it was a breach of the licensing objective to prevent crime and disorder.

"Mr Howitt has 21 days to lodge an appeal with the magistrates' court and, if there is an appeal, the panel's decision will not come into effect unless the appeal is dismissed by the court."

Overstepped the mark

MA legal expert Peter Coulson said Howitt had good grounds for an appeal. "The council has thrown the kitchen sink at him.

"If the health and safety breaches occurred at the other venue, he has excellent grounds for an appeal.

"No weight should be given to public health as it is not a licensing objective.

"I feel Blackpool council has overstepped the mark."

Howitt has already confirmed he will appeal the decision and has now taken his pub off the market.

He was the first licensee fined for flouting the ban. He is due in court again tomorrow facing further charges of allowing smoking on his premises.

Related topics Legislation

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