Licensee wins smoke ban court case

A licensee has won his court battle against an air purifier system supplier who promised to take the equipment back in the event of a smoking ban.

Three years ago Parvez Iqbal, who owns the Love Apple in Bradford, signed a contract with Inn-House Technology (IHT) for a Honeywell air purifier to extract smoke from the dining and bar areas.

"There was a lot of confusion in the industry then about what was going to happen," said Parvez. "IHT were advertising every two weeks, with the line 'Banish the smoke, not the smokers', and we thought it was a good idea to protect both our employees and our customers. We spoke at length and asked specifically what if legislation banned smoking full stop."

Parvez said the IHT saleswoman promised to take the equipment back and cancel the £70-a-month contract if legislation banished smokers outdoors.

But when the smoking ban in England got underway in July 2007, IHT reneged on the verbal agreement.

After a year of wrangling the case went to Bradford County Court. IHT were claiming £1,700 in outstanding payments from Parvez and his partner Victoria Brett.

But the judge decided that Iqbal and Brett's claims of the undertakings from the IHT saleswoman were plausible and her promises should be considered terms of the contract.

IHT, which was awarded nothing, declined to comment when contacted by The Publican​.

"We didn't counterclaim although we could have. It has left a pretty bad taste in my mouth, that someone would come along and sell us something in that way," said Parvez.