Pub in hot water over smoking shelter

By Gemma McKenna

- Last updated on GMT

Related tags: Law

Keith Bannister
Keith Bannister
A licensee has been threatened with legal action after being told his smoking shelter is 64.8% enclosed, and he must reduce the walls by 5.1sq m.

A Derbyshire licensee has been threatened with legal action after being told his smoking shelter is 64.8% enclosed.

The information was given to Keith Bannister in a letter from his council, which said he must reduce the walls of his shelter by 5.1sq m. Walls of smoking shelters must be 50% open to the elements.

Bannister, of Harleys Bar in Chesterfield, said: "I am prepared to go to a court of law to decide whether my smoking shelter is legal. I feel the way you [the council] have conducted yourself is totally unprofessional, and you have not at any point offered to meet me or my team to bring this dispute to an amicable settlement."

A letter from the council's Environmental Services, dated 4 March, invited Bannister to an interview "under caution".

It said: "As you are aware, the council believes your smoking shelter is substantially enclosed and does not comply with the Health Act 2006." It continued: "Depending on what you tell us, we may take criminal proceedings against you."

Bannister added: "I feel you [the council] are making an issue of my shelter because of Harleys high profile."

The interview is scheduled for Thursday (19 March).

Related topics: Legislation

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