Smoke rebel can't be DPS at own pub

By Ewan Turney ewan.turney@william-reed.co.uk

- Last updated on GMT

Related tags: Licensing objectives, Law, Hamish howitt

Blackpool host "broke licensing objectives" Hamish Howitt has been banned from being designated premises supervisor (DPS) at his pub because he...

Blackpool host "broke licensing objectives"

Hamish Howitt has been banned from being designated premises supervisor (DPS) at his pub because he flouted the smoking ban.

The move sets a worrying precedent as police claim flouting the ban undermines the crime and disorder objective of the Licensing Act. Howitt applied to transfer the named DPS at Delboy's Sports Bar in Blackpool from his wife to himself.

Police claimed Howitt was not a "suitable person to promote the licensing objectives due to his stance in relation to the smoke-free legislation".

Police Sergeant Giffin added: "His position clearly undermines the crime and disorder objective."

In addition, police took issue with the political banners adorning Delboy's Sports Bar and Howitt's lack of door supervisors.

Giffin added: "Mr Howitt has shown complete disregard for the law and police have no faith in him to promote licensing objectives."

A council spokeswoman said: "The Health Act 2006 is the law of the land and to contravene it is an offence and, therefore, the crime and disorder licensing objective does apply and would be undermined. This forms the basis of our decision. It would be wrong to have a DPS blatantly selecting laws to uphold."

Howitt said: "My stance against the smoking ban is political. I am going to appeal right away."

MA legal expert Peter Coulson said: "The smoking ban is a local authority matter, not a police issue."

Related topics: Legislation

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