Smoke ban rebel loses appeal

By John Harrington

- Last updated on GMT

Related tags: Smoke ban rebel, Law, Appeal, United states, Nick hogan

Hogan: Lost appeal on flouting smoking ban
Hogan: Lost appeal on flouting smoking ban
Smoke ban rebel licensee Nick Hogan has lost his Crown Court appeal against convictions for flouting the smoking ban. Hogan appealed three of his...

Smoke ban rebel licensee Nick Hogan has lost his Crown Court appeal against convictions for flouting the smoking ban.

Hogan appealed three of his four convictions of failing to prevent people smoking at the Swan and Barristers in Bradshawgate, Bolton.

He claimed he couldn't reasonably be expected to know people were smoking.

But his appeal was thrown out at Bolton Magistrates, meaning the original fines of between £750 and £3,000 still stand. Hogan was also ordered to pay an additional £1,000 costs.

But Judge Angela Nield pointed to Hogan's well-publicised opposition to the ban, including a protest on the day of the ban and widespread media coverage of his views.

"He made it clear he did not intend to take any action to stop anyone smoking," the judge told Bolton Crown Court. "This would have encouraged people to smoke on his premises."

A Bolton Council spokesman said: "We are pleased that this issue has been resolved. The majority of Bolton businesses have complied with the legislation since it came into force last July and they continue to do so for the benefit of the whole community.

"Mr Hogan represented a very small minority who insisted on flouting the law. The court, by its decision, has emphasised that compliance with this law is not optional and we will continue to enforce against anyone who chooses to break it."

Related topics: Legislation

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