Licensees heading for council showdown over smoking

Councils across the country are adopting a 'softly softly' approach to enforcement in the first days of the smoking ban.

Early signs are that no licensees have yet been fined for allowing smoking on public premises. However, there is set to be a showdown between flouters of the ban, including licensees who refuse to abide by the law, and the authorities responsible for implementing it.

Tony Blows of the Dog Inn in Ewyas Harold, Herefordshire, is continuing to let people smoke in his pub. However, despite his case getting widespread publicity he has yet to be fined.

Herefordshire Council has visited the pub and sent a cautionary letter to warn him he will face action if he continues. Blows claims the pub is his home and is exempt from the ban.

He said: "They told me it's a public area and I said I'm exempt because it's my front room. I reckon in about a month's time it's going to be ignored by everyone everywhere, because they can't put us all in jail."

Bolton Council has taken a similar approach to licensee Nick Hogan, who is letting people smoke at his pub the Swan and Barristers in the city. Officers visited Hogan on the Monday and Tuesday after the ban and warned that they are "monitoring the situation closely" although fines have yet to be given.

A spokesperson explained: "We've always said we'd approach smoke-free enforcement in a non-confrontational way, but if attempts to encourage compliance do not succeed then we will review our actions.

"If non-compliance continues we will then take further action which would result in fines for his customers and prosecution for Mr Hogan."

Harry Barnett, executive chef and director of Abracadabra and Hey Jo in London, said he had invited Westminster City Council to come and fine him for breaching the ban. The council said anyone who breached the ban "will be dealt with in due course".

A spokesman for local authority governing body LACORS said he had not heard of any fines being issued but indicated it was only a matter of time.

"We understand people have issues with the legislation, but we have been set the task by government and it's our job to enforce it and we will continue to do that."

Official figures on enforcement and fines are due in the first week of August.