Former Rossendale landlord jailed after failing to pay smoking ban fines (From Lancashire Telegraph)

Former Rossendale landlord jailed after failing to pay smoking ban fines

1:10pm Sunday 28th February 2010 in

By Jon Livesey » Reporter

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A LANDLORD who ran pubs in East Lancashire has been jailed after refusing to pay fines imposed when he defied the smoking ban.

Nick Hogan, former landlord of the Holden Arms in Haslingden and the Waterside pub in Summerseat, near Ramsbottom, was fined £3,000 and ordered to pay £7,136 in costs when he was found guilty of breaching the ban in January, 2008.

At the time of the breach he was in charge of The Swan and Barristers in Bradshawgate, Bolton.

He appealed the conviction but lost, and an extra £1,000 was added to the costs.

But Hogan, 43, of Hollinshead Street, Chorley, has failed to pay the money and on Friday he appeared at Bolton Magistrates’ Court where he was sent to prison for six months.

His wife, Denise Hogan, who is the landlady at The Swan With Two Necks in Chorley, said after the hearing: “He has not hurt anyone or robbed a bank.

"I feel lost for words that he has been sent to prison for letting someone smoke a cigarette.

“I think that the courts are making an example of him and I am devastated.

“I believed in everything that he said, but he just went the wrong way about it.”

When the smoking ban was introduced in July, 2007, Hogan said he wanted to give people the freedom to choose.

When Bolton Council brought the prosecution he pleaded not guilty to five counts of failing to prevent people from smoking in his pubs and four of obstructing council officers.

District Judge Timothy Devas found him guilty of four charges of allowing people to smoke.

He was cleared of one count because he was not on the premises at the time, and he was found not guilty of four obstruction charges.

If a fine is not paid, court enforcement officers follow it up, and if it remains outstanding the case will be brought back to court for magistrates to give an alternative sentence.

Comments(33)

chrislancs says...
1:48pm Sun 28 Feb 10

The smoking ban is just another clear example of the Health fascists and new labour taking away peoples choice. this ban could have been introduced with consent, there is no reason why pubs, clubs etc could not have had a seperate smoking room. But the dictators wouldnt hear of it. Despite what the anti smoking campaigners say, it is the smoking ban that is causing the pubs and clubs to close. The non smokers said they would happily go back to the pubs. well where are you? sadly they dont accept that their campaign has destroyed a great british establishment, the pub. they say that pubs have diversified into food. well that to me is not a pub it is a resturaunt. these people are anti british and should be banned from our shores. this government is starting to realise the damage it has caused. at least 30 pubs per week are still closing. just look around your area. time is running out for these dictators.
Let people make their own mind up. it is called freedom.
Chris ReidPPC
English Democrats
Hyndburn/Haslingden