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Smoke ban rebel owner fined again Smoke ban rebel owner fined again
(about 1 hour later)
The first landlord in England to be prosecuted under the smoking ban has been fined again for continuing to allow his customers to light up.The first landlord in England to be prosecuted under the smoking ban has been fined again for continuing to allow his customers to light up.
Hugh Howitt, known as Hamish, 55, of Park Road, Blackpool, denied five counts of failing to prevent smoking in his Del Boy Sports Bar. Hamish Howitt, 55, of Park Road, Blackpool, denied five counts of failing to prevent smoking in his Del Boy Sports Bar.
He argued the law breaches Human Rights legislation - but was convicted by a judge at Preston Magistrates' Court.He argued the law breaches Human Rights legislation - but was convicted by a judge at Preston Magistrates' Court.
Howitt, a non-smoker, was fined £1,950 and told to pay £2,000 costs.Howitt, a non-smoker, was fined £1,950 and told to pay £2,000 costs.
In November 2007, he was fined £500 at Blackpool Magistrates' Court after admitting 12 counts of failing to prevent smoking.In November 2007, he was fined £500 at Blackpool Magistrates' Court after admitting 12 counts of failing to prevent smoking.
It's not the judges I am defying - it's the government Hamish HowittIt's not the judges I am defying - it's the government Hamish Howitt
In that case - the first prosecution in England - District Judge Peter Ward said he did not wish to "make a martyr" of Howitt. On Wednesday, Preston Magistrates' Court was told that officers from Blackpool Council found Del Boy's in Rigby Road, Blackpool, "thick with smoke" on five occasions in November 2007.
But speaking after the hearing in front of another district judge on Wednesday, Howitt told the BBC that he would continue to allow his customers to smoke in one of his bars. A board outside the premises read: "Our political conscience will not allow to put smokers and non-smokers on the street. It's our choice."
"I'm not telling people how to live. You cannot make us all compulsory joggers and orange juice drinkers. Howitt, who represented himself, said the Health Act 2006 was ruining his business and had left him "on the verge of bankruptcy".
"It's not the judges I am defying - it's the government. He said the law breached the Human Rights Act 1998, in particular Article 4 of the European Convention of Human Rights.
District Judge Michael Singleton disagreed and convicted him of five counts of failing to enforce the ban.
The summonses were served in the Happy Scots barThe summonses were served in the Happy Scots bar
He said: "In my view it is not in breach of that act or any articles under the European Convention of Human Rights."
Howitt was fined £250 for each of the five counts of flouting the ban and £100 each for breaching seven separate conditional discharges imposed at the last hearing in November.
He was warned he faced a jail term if he failed to pay the monies owed.
Outside court, Howitt confirmed he was preparing to take the case to the High Court to seek a judicial review.
And he told the BBC that he would continue to allow his customers to smoke in one of his bars.
'Denied choice'
He said: "I'm not telling people how to live. You cannot make us all compulsory joggers and orange juice drinkers.
"It's not the judges I am defying - it's the government.
"I'm giving choice. One of my bars has non-smoking staff serving you and you are not allowed to smoke."I'm giving choice. One of my bars has non-smoking staff serving you and you are not allowed to smoke.
"The other bar is served by smokers. It's so simple and it's called choice, and this government has denied us choice.""The other bar is served by smokers. It's so simple and it's called choice, and this government has denied us choice."
Mr Howitt owns the Happy Scots Bar and Del Boy's in Blackpool.Mr Howitt owns the Happy Scots Bar and Del Boy's in Blackpool.
The smoking ban, which was introduced in England on 1 July, forbids smokers from lighting up in enclosed public places.The smoking ban, which was introduced in England on 1 July, forbids smokers from lighting up in enclosed public places.
Bar owners and landlords are obliged to enforce the ban and can face fines of up to £2,500 if they fail to do so.Bar owners and landlords are obliged to enforce the ban and can face fines of up to £2,500 if they fail to do so.
People caught smoking in pubs, cafes or restaurants can also be fined £50 for ignoring the rules.