Fear & smoking in Mayfair

An environmental health boss says fear of being attacked can be used as a defence for not upholding the smoking ban.

Ian Gray, principal policy officer at the Chartered

Institute of Environmental Health, gave the advice in a written statement to magistrates.

Gray was called as a witness by Westminster Council in the trial of smoke rebel Dave West.

Last week West and his firm Jewelite Trading were fined for two offences of allowing smoking at the HeyJo club in Mayfair.

Gray's statement, seen by the MA, says: "If he [the person in control of the licensed premises] alleges that he considered that he would be at genuine threat of violence or fear of reprisals for asking an individual to stop smoking, he could offer this as a defence."

Harry Barnett, HeyJo executive, said West planned to use the evidence in a High Court appeal — with Cherie Blair employed in the fight.

But MA legal editor Peter Coulson said: "While fear of attack is a defence, there have to be special circumstances or clear evidence of threats for this to be a factor.

"I think it would be very difficult for a court to accept this defence."

West and Jewelite were fined £500 each and ordered to pay £5,591 costs.

Westminster's environmental health manager Andy Ralph said: "Westminster Council does not expect staff at licensed premises to put themselves at risk if they encounter difficult customers. However, where we believe a venue is failing to take its responsibilities under the Health Act seriously, we will look at instigating legal proceedings."