Smoking VS UK Landlord

Smoke row landlord loses licence

Hamish Howitt has continued to allow smoking in his bar

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, of Del-boy's Sports bar in Blackpool, allowed smoking in the bar after the ban in England in 2007.

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.

Later Mr Howitt said he would close the bar, adding: "I am devastated."

He also said he would also attempt to take his case to the House of Lords.

In April Mr Howitt won an appeal case against Blackpool Council's decision to remove his licence for Del-boy's.

Non-smoker

The authority took the case to the High Court.

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".

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.