Licensee cleared over smoke ban breaches

A former Gloucestershire licensee has been cleared of charges relating to breaches of the smoking ban.

Andy Hemming, previously licensee of the Black Horse, in Amberley, Stroud, was facing fines of up to £3,500 if found guilty of failing to stop someone from smoking in his pub.

But Hemming, defending himself at Cheltenham Magistrates Court yesterday, was successful after Stroud District Council was unable to prove "beyond reasonable doubt" that he failed to take measures to prevent smoking.

A council officer had seen Hemming's girlfriend light up at the bar last September, but Hemming said he asked her to go upstairs immediately.

The officer also spotted ashtrays on the tables and could smell smoke. But the defence claimed the ashtrays had been bought inside to be cleaned.

Hemming's brother Martin, who helped with the defence, told The Publican: "We are delighted with the result. Hopefully the legislation will now be tempered to give more protection to licensees."

A spokesman for Stroud District Council said: "We took out this prosecution with the very best of intentions.

"The public are entitled to visit pubs without being subjected to the risk and unpleasantness of smoking.

"Obviously we're disappointed at the outcome, but at least the magistrates accepted that smoking occurred.

"We will continue to pursue any landlords who we can demonstrate have a blatant disregard for the law and the welfare of their customers."