Ex-host acquitted of smoke ban breach

A former Gloucestershire licensee has become the first to be acquitted of flouting the smoking ban.

Andy Hemming, who left the Black Horse in Amberley, Stroud last week, was found not guilty of allowing smoking at the pub yesterday.

Stroud District Council had sent enforcement officers to the pub three times in August and September last year.

Hemming was found not guilty of allowing people to smoke in his pub. A council officer had seen his partner smoke behind the bar but Hemming claimed he had told her to go upstairs to the private quarters.

The officers also claimed that there had been a heavy smell of smoke when they visited and ashtrays were full inside.

Hemming said that the windows had been open and smoke had drifted in and the ashtrays were full because they had been used to clean up outside.

Cheltenham magistrates said the council had failed to disprove his argument and he was acquitted.

A Stroud District Council spokesman said: "We took out this prosecution with the very best of intentions. The public are entitled to visit pubs without being subjected to the risk and unpleasantness of smoking. ​

"Obviously we're disappointed at the outcome, but at least the magistrates accepted that smoking occurred.

"We will continue to pursue any landlords that we can demonstrate have a blatant disregard for the law and the welfare of their customers."