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Smoke ban row landlord in court Smoke row landlord loses licence
(about 12 hours later)
A landlord who has refused to enforce the smoking ban is in a High Court battle over his local council's bid to revoke his premises licence. A landlord who has run up thousands of pounds in fines over his refusal to ban smoking on his premises has lost his licence in a High Court ruling.
Hamish Howitt has allowed customers to smoke in Delboy's Sports Bar in Rigby Road, Blackpool, since the introduction of the ban in England in July 2007. Hamish Howitt, of Del-boy's Sports bar in Blackpool, allowed smoking in the bar after the ban in England in 2007.
In April he won an appeal case against Blackpool Council's decision to remove his licence for Delboy's. Judge Denyer, sitting at London's High Court, ruled he was obliged to treat smoking in his bar as a crime and try to prevent it.
The authority is taking the case to the High Court on Tuesday. Later Mr Howitt said he would close the bar, adding: "I am devastated."
Local magistrates rejected Blackpool Council's claim that allowing smoking was in breach of the licensing objective to prevent "crime and disorder". He also said he would also attempt to take his case to the House of Lords.
The council's legal team will ask a judge to rule the magistrates erred in law. In April Mr Howitt won an appeal case against Blackpool Council's decision to remove his licence for Del-boy's.
By-election loss Non-smoker
In October 2007 Mr Howitt, 56, became the first landlord in England to be prosecuted for allowing people to smoke in his bar. The authority took the case to the High Court.
He has since been fined thousands of pounds for allowing smoking in the pub and failing to enforce the ban introduced under the 2006 Health Act. Mr Howitt, 57, was described by the judge as "an avowed opponent of the smoking ban - he believes it is a gross interference with individual liberty and property rights".
In July, Mr Howitt - who is a non-smoker - represented pro-smoking group Freedom 4 Choice in the Haltemprice and Howden by-election, but only managed to gain 91 votes. The judge added: "It may be others agree with him. In any event he has allowed people to smoke in his pub."
Mr Howitt has given up cigarettes but clocked up £28,000 in fines from 32 convictions fighting for the freedom of others to continue the habit.
The bar owner argued that, for there to be a breach of his licence, there had to be "disorder", as well as crime.
But Deputy High Court Judge Denyer rejected his argument, saying "permitting smoking in a place where smoking is barred is a criminal offence - and therefore simply as a matter of definition it is a crime."
The ban, which was introduced in England on 1 July 2007, forbids smokers from lighting up in enclosed public places.The ban, which was introduced in England on 1 July 2007, 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.