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Rebel landlord's battle goes to High Court
A BLACKPOOL landlord's battle against the smoking ban is set to reach the High Court in a landmark case.
Hamish Howitt has consistently flouted the ban since the new law was
introduced in July 2007 by allowing people to light up.
But attempts by Blackpool Council to shut his bar down have so far failed.
In April this year, Mr Howitt successfully appealed to the magistrates court to keep his pub open after the council revoked his licence.
A district judge ruled there was not sufficient reason to take away the licence for Delboy's Sports Bar on Rigby Road.
But Blackpool Council is challenging the ruling in the High Court and a date for the hearing has been set for December 2.
If the district judge's decision is upheld, it could set a precedent for other bars to allow smokers in and keep their licences.
Blackpool Council's head of licensing Sharon Davies said: "We are appealing the judge's decision to allow Mr Howitt to continue trading. We think that is wrong in law."
The council is asking the High Court in London to determine whether the magistrates court was "correct to decide that the evidence of unlawful smoking on licensed premises was not relevant to the licensing objective of promoting the prevention of crime and disorder".
Mr Howitt said he would abide by whatever decision was made by the High Court.
He said; "My argument all along is that smoking is not part of licensing because the licensing objective is to prevent crime and disorder, and how can smoking be classed as crime and disorder? It should be part of the health laws.
"I'm confident it will go my way but whatever the decision, I will abide by it."
Mr Howitt has been fined the maximum 2,500 on numerous occasions for flouting the anti-smoking laws, but that has not been enough to deter him.
Licensing expert Malcolm Ireland said the case would be significant for the industry, but he warned that other licensees would be foolhardy to think they could allow smoking even if the High Court upholds the decision of the district judge.
Mr Ireland, head of licensing for Napthens, said: "The licensing industry is going to be very interested in the outcome because, due to the high cost, there is not that much from the Licensing Act that has reached the High Court for clarification.
"That's when you will get a proper, binding precedent.
"However, I think other licensees would be foolhardy to think they can allow smoking and keep their licence, if the ruling is upheld, given that a lot of this is about the definition of crime."
The council revoked Mr Howitt's licence for Delboy's indefinitely following a hearing in November last year but that decision was overturned on appeal in the magistrates court in April this year.
He was accused of failing two underage test purchases and failing to prove electrical work and an air conditioning unit were safely maintained.
Mr Howitt, himself a non-smoker, was also accused of being in breach of three council licensing objectives.
The deputy district judge Jane Goodwin overturned the decision, saying Blackpool Council's submissions in court were not sufficient to take away the licence.
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Saturday 11 February 2012
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