Licensee's anger at council over ban enforcement

A Bolton licensee has reacted angrily to the councils failure to take action against Nick Hogan for flouting the smoking ban.

Darren Miller, of the Flying Flute, is calling on Bolton Council to uphold the legislation and prosecute but the council has so far only issued him with a written warning.

What Nick Hogan's doing is effecting everyone's trade - the council needs to take action.​Darren Miller, of the Flying Flute.

Miller said: "What Nick Hogan's doing is effecting everyone's trade - the council needs to take action. I'm getting grief from my customers for not letting them smoke, it's a completely unfair situation. The council has failed to implement the ban - the softly softly approach is not working."​

Council enforcement officers warned Hogan that if he continued to allow people to smoke in his pubs he could be fined £2,500. They also issued a customer who was smoking at the Swan with a written warning.

A Bolton Council spokesman said: "Our approach to the impending enforcement has been educational. However, we have always said that if efforts to encourage compliance do not succeed then we will take further action. Two officers visited The Swan and observed smoking on the premises. We issued a written warning to Mr Hogan and we will continue to visit him and go down the prosecution route if necessary."​

Hogan said: "I've begged Bolton Council through the Bolton Evening news to prosecute me. I want my day in court to argue my case against this disgraceful ban. I apologise to my colleagues in Bolton but they have a right to protest as much as I do. How can I have a commercial advantage when, according to the government, 70% of the country is for the smoking ban?"​

The ban is still being ignored at the Swan and the Barristers, Hogan's other Bolton pub, but he will back down if the judge rules against him when the case goes to court.