THE battle to force rebel pub landlord Hamish Howitt to obey the smoking ban has cost Blackpool council taxpayers more than £30,000, it was revealed today.
Blackpool Council took the fight to the High Court after a district judge ruled it had been wrong to revoke Mr Howitt's licence on the grounds that allowing smoking constituted crime and disorder.
But on Tuesday Judge Denyer backed the council and said permitting smoking in a place where it is banned constitutes a criminal offence.
Julian Kearsley, executive director for business services at Blackpool Council, said: "The cost to the council of upholding this piece of legislation has been in excess of £30,000.
"Every other Blackpool pub and club has complied with the ban, as have the vast majority nationally. Blackpool Council has been at the forefront of this legislation nationally because of this issue."
Licensing chairman Coun Henry Mitchell said the council had to pursue the case because it was unfair on other pubs who were upholding the smoking ban.
Mr Howitt was forced to close his Delboy's Bar on Rigby Road immediately after Tuesday's ruling. The 57-year-old had consistently allowed people to light up inside the premises since the ban was introduced in July 2007.
After the court hearing in London, Mr Howitt said he hoped to apply for a new licence and would assure the council he would not allow smoking but would continue to fight his battle through the courts.
Licensing chairman Coun Henry Mitchell said the council would listen to an application, provided Mr Howitt could demonstrate he meant what he said about preventing smoking. Coun Mitchell said: "He has gone to the top and feels passionately about this but it has pushed him to the verge of bankruptcy.
"What I am concerned about is the people who have adhered to the laws of the land, even though in some cases the ban has damaged their businesses.
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.
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.
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."
Rebel landlord's battle goes to High Court
23 October 2008
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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Smoke rebel Howitt pleased with fines
26/03/2008
Written by: John Harrington
Smoke ban rebel Hamish Howitt has been hit with almost £4,000 in fines and costs in the latest prosecution for flouting the ban.
But he is happy with the result, saying the relatively small fines will allow him to fund moves for a judicial review against the smoking ban.
Howitt also revealed he is renaming one of his twin bars The Freed Inn 2 Choose in protest at the ban.
Howitt, of Del Boy’s and the Happy Scot in Blackpool, received five fines of £250 each for new charges of flouting the ban at Preston Magistrates today.
He also received seven fines of £100 for breaking conditional discharges – undertakings not to allow smoking – and was ordered to pay £2,000 costs.
Howitt said he has been given 21 days to apply for a judicial review of the smoking ban at the High Court.
He said he expected the fines to be bigger so he is able to afford the legal action.
Howitt told the MA: “I’m very pleased. The judge has given me a green light to fight a law of oppression.”
The licensee said the Happy Scot, where smoking is not allowed, is to be renamed The Freed Inn 2 Choose. Del Boy’s will keep its name and smoking will be permitted inside, Howitt said.
Howitt’s time at magistrates is not over.
In another round of prosecutions, he and his wife Joanne – the premises licence holder of Del Boy’s – face four charges each for flouting the ban at Blackpool Magistrates on 2 April.
Joanne Howitt will also appear at Blackpool Magistrates on 9 April under charges of breaking the Licensing Act at Del Boy’s.
Blackpool Council, which is bringing the prosecution, claim the venue has breached its licence conditions by not being a member of the local pubwatch, not operating a radio link, not using doormen at required times.
Read
 | November 5, 2007
Blackpool licensee Hamish Howitt becomes the first licensee to be convicted of flouting the smoking ban.
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Smoke ban rebel guilty
November 11, 2007
Smoke rebel Hamish Howitt has become the first licensee to be convicted of flouting the smoking ban.
Howitt, owner of Delboy’s Sports Bar which incorporates Happy Scot karaoke bar in Blackpool, pleaded guilty to 12 offences of allowing smoking.
He was fined £500 and ordered to pay £2,000 costs. There was a £15 surcharge to help victims of crime.
Last week, Howitt put his freehold pub on the market for £600,000.
He is also facing a premises licence review, which was delayed a month, to allow health and safety improvements to be made.
Howitt told the MorningAdvertiser.co.uk: "This doesn't change anything. My favourite films when I was a kid were the Carry On films starring Barbara Windsor and Syd James. Well, as far as I am concerned my customers can carry on smoking."
Howitt said he had refused in court to sign an undertaking to take down political pro-smoking banners at his pub.
"I am proud of what I am doing. There is so much apathy in our world because people don't believe they can change the system.
"My political and social conscience will not allow me to change. As long as I have the pub, smoking will continue."
District Judge Peter Ward told Howitt: "I suggest your campaign has been silly, pointless and misguided. It has achieved nothing. All it seems to have done is cause a great deal of problems for yourself.
"I do not intend to make a martyr of you by imposing swingeing penalties."
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Smoking ban flouters vow to fight on16 August, 2007
By Eleanor Goodman
Publicans breaching the ban say they will carry on until guilty verdict is reached in Howitt case
Licensees flouting the smoking ban claim they will continue to defy the new law until a guilty verdict is reached in the Hamish Howitt court case.
Howitt, licensee of the Happy Scots in Blackpool and the first licensee to face court over allegedly breaching the smoking ban, had his case delayed for a second time on August 15.
Blackpool Magistrates ruled the case should be heard by a district judge, due to the number of charges Howitt is facing.
Speaking exclusively to The Publican outside the court, Howitt said: “Until someone stops me at the High Court, I am going to carry on. It’s a new law and it’s got to be tested.”
Nick Hogan, licensee of the Swan and Barristers in Bolton, Lancashire, said he would do the same. “I challenge Bolton Council to do the same as Blackpool. Take me to court, let me get in court, and let me show you how wrong you are,” he said.
“Absolutely we will carry on smoking. At this moment in time, no offence has been committed whatsoever. A judge will decide whether an offence has been committed.”
Tony Blows of the Dog Inn, Ewyas Harold, Herefordshire, has also vowed to continue ignoring the new smoking legislation.
“We are going to carry on,” he said. “I am going to warn my patrons that you can still get nicked for £50, but you can’t stop them, you can’t enforce it at all.”
When Howitt first appeared in court on August 1, he entered a plea of not guilty of failing to stop a person smoking on licensed premises. His wife, manager of his second venue Del Boy Sports Bar, and son also entered pleas of not guilty.
Howitt faces a possible fine of £30,000 if found guilty. The case is not expected back into court until September, with October mooted for the trial hearing.
The magistrate also said Howitt’s solicitors would be allowed to put forward an ‘abuse of process’ argument and the local authority would have 28 days to respond. The proceedings are subject to delays because it is difficult to get hold of a district judge for both hearings.
Howitt was removed as chairman of his local Pubwatch after a ballot by members.
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Smoke rebel voted out of Pubwatch
August 8, 2007
Written by: Joe Lutrario
Hamish Howitt has received a vote of no confidence from the Pubwatch group he chaired for publicly flouting the smoking ban.
The ballot was put before members of Blackpool and Fylde Pubwatch shortly after Blackpool City Council raised concerns over the direction and leadership of the group.
It read: “In deliberately acting in defiance of legislation on no smoking in public places, through publicity generated by him and a stated, continued intention to continue to flout legislation, Hamish Howitt, chairman of Blackpool & Fylde Pubwatch has damaged and endangered the future viability of this Pubwatch; through his determination to continue with this action will further damage and endanger its viability and should therefore relinquish his position as chairman.”
Howitt said: “I have absolutely no interest whatsoever in the outcome of the vote and I’ve asked my associates in the trade not to take part.”
He has been temporarily replaced by John Farrell who was formerly vice chairman. Farrell said: “It’s now a matter of getting back on good terms with the Council and the Police - we need their support. The Pubwatch could not function under Hamish, we have to be seen to obey the law.”
His case was recently adjourned at Blackpool court due to lack of legal representation. Howitt will face court again on the 15th of this month.
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First smoking prosecution issued
July 20, 2007
A landlord in Lancashire is thought to be the first to be summonsed to appear in court for flouting the ban on smoking in public places in England.
Hamish Howitt is being prosecuted for allowing smokers to light up in his Happy Scots Bar pub in Blackpool.
Council officers served seven separate summonses on Mr Howitt on Thursday for failing to prevent smoking in a smoke-free premise.
Mr Howitt will appear before Blackpool Magistrates' Court on 1 August.
The publican has been against the ban since it came into effect on 1 July and said he was prepared to go to jail rather than pay any penalty and would take the matter to the Court of Human Rights.
Owners and managers of pubs, clubs and cafes are legally-bound to enforce the ban and face fines of up to £2,500 if they fail to do so.
Scotsman Mr Howitt could face a total bill of up to £17,500 if he is convicted of the offences.
He said: "I don't incite smoking in my pub as our karaoke bar next-door is completely non-smoking. I'm not pro-smoking just pro-freedom.
"Having a pint and a cigarette in a pub is one of the last great enjoyments left for the working classes.
"I'm not prepared to shove my customers outside in the wind and the rain to allow them their right to smoke."
Blackpool Council said it had been approaching the enforcement of the ban throughout the resort in a "non-confrontational way" and had verbally informed Mr Howitt he faced prosecution before the summonses was issued.
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Council prepare for smoke ban court action
Council chiefs have revealed enforcement action is imminent against a Blackpool landlord who continues to defy the smoking ban.
Hamish Howitt, licensee of the Happy Scots bar on Rigby Road, has challenged the authorities to prosecute him and says he will refuse to pay any fines and is prepared to go to prison if need be.
A statement released by Blackpool Council yesterday said: "We have visited the premises on a numerous occasions over the last two weeks and as a result we are compiling a dossier of evidence which is currently in the hands of the council's legal and enforcement teams.
"The issue is on the top of their list of priorities and they are dealing with it as quickly as they can, so that they can take further action at the earliest opportunity.
"It's crucial, however, that the council is thorough and accurate in the process."
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First licensee to face legal action over smoking ban
20 July, 2007
By Michelle Perrett
Hamish Howitt of the Happy Scots in Blackpool is due in court on August 1
Blackpool Council has issued a summons against smoke ban flouter Hamish Howitt licensee of the Happy Scots in Blackpool.
He has been issued with a writ detailing seven counts of breaking the ban and faces court action on August 1. If found guilty he will face a fine of £2,500.
Cllr Henry Mitchell, chair of Blackpool Council’s Licensing Committee, said: “We can confirm that the council has issued legal proceedings against Mr Howitt in relation to failure to prevent smoking in a smoke-free premises. The summonses alleging seven separate offences were served last night [Thursday] by council public protection officers.”
He had accused the council of being a “bunch of headless chickens” last week and vowed to continue to allow smoking on his premises.
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Smokers ignore new law
July 2, 2007
DRINKERS at one Blackpool pub are openly flouting the nationwide smoking ban.
It came on the day England's public places went smoke-free.
Hamish Howitt, owner of the Happy Scots Bar on Rigby Road, has vowed to ignore the legislation, which came into effect yesterday.
And on the first day of the new era, dozens of smokers joined him at his pub to light up and show their disgust at the "nanny state" legislation.
John Runciman, 51, from South Shore, said he wished more licensees had taken Mr Howitt's stance.
He added: "If every landlord in Blackpool had refused then people would have had to have taken notice.
"It's funny because two of the only places you can smoke are in prison and in parliament.
"They want to turn the place into a nanny state but still want to smoke themselves – it should be the same rule for everyone."
Mr Howitt – chairman of Blackpool's Pub Watch scheme – set up a political party named Fight Against Government Suppression (FAGS).
He now insists his venue is his party headquarters and anybody who comes through the door should be allowed to smoke as they are in parliament.
Another customer, David Freeman, 57, from Wolverhampton said: "I'll certainly be coming back to Blackpool and this pub if they carry on allowing smoking."
During the day, Trading Standards chiefs turned up at the bar to hand out a warning for the breach.
Mr Howitt said: "I think they're going to go after me big time, but all I'm doing is saying that smokers shouldn't be discriminated against.
"Some of the weather we get in Blackpool I wouldn't even put my dog out in let alone my customers."
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Blackpool bar owner leads smoke ban protest 05 September 2006
A BLACKPOOL bar owner has formed his own political party to lead the "biggest one-man protest the UK has ever seen" against the smoking ban in pubs.
Hamish Howitt, licensee of the Crazy Scots Bar, on Rigby Road, has set up an anti-smoke ban political party called UK Fags – Fight Against Government Suppression.
He has also plastered his karaoke pub, situated just off the Promenade, with 7ft by 3ft protest banners headed "The Masterban", "Smokers' Rights", "Smokescreen" and "Weapons of Mass Deceit".
The biggest banner, 20ft by 10ft, cost £1,000. Slogans include: "14 million smokers under house arrest – Fight Against Government Suppression", "Little Britain, yeah but, no but, no butts", "Empty Pubs, Empty Streets" and "Cig Heil!"
The self-styled Crazy Scot admits he is out to madden local authorities – but make his point peacefully.
"I've had enough. They can't keep walking over me and driving my customers away," he explained.
"My solicitor has checked the building and says what I'm doing is legal. The banners do not incite violence or hate crime.
"This is my business and my freehold. I've already been fined for distributing leaflets to try to tell people where we are.
"Now they want a smoking ban. It's gone too far. It's health fascism.
Uproar
"This is about civil liberties. I no longer smoke – and my wife Jo doesn't smoke much – and never in front of our children.
"But smokers need to gather somewhere. Apply these measures to any other
minority group and there would be uproar."
A blanket ban on smoking in pubs and private clubs in England is set to come in next summer after legislation was approved by the House of Commons.
Fylde health bosses are behind the ban, claiming it will help thousands kick the habit.
However, Mr Howitt is encouraging other licensees to join his party.
He has registered UK Fags with the Government's Electoral Commission.
"It also gives me the chance to distribute leaflets lawfully – because it's a political party," said Hamish.
Mr Howitt says falling profits are forcing him to close his once-popular Crazy Tots family room, part of the Crazy Scots complex.
He said: "The family bar will close in November unless trade drastically improves.
"The smoking ban is the last nail in the coffin.
"I've had my fill of zealots in multi-agency partnerships. They're not just going to bankrupt me, but Blackpool, the way things are going."
A Blackpool bar owner is leading "the biggest one-man protest the UK has ever seen" against the smoking ban.
September 1, 2006
Hamish Howitt has set up an anti-smoke ban political party called UK FAGS - Fight Against Government Suppression.
Howitt is encouraging licensees to back his campaign by displaying banners, measuring 7ft by 3ft.
Slogans include: "14 million smokers under house arrest - Fight Against Government Suppression."
Huge Banners
Howitt has plastered his Crazy Scots Kareoke Bar near Blackpool's main promenade with banners. The largest measures 20ft by 10ft and cost £1,000.
"If a few banners are put up it could lead to a mass petition. The Government might just bin it [the smoking ban]," said Howitt.
For more information about the campaign, call Hamish Howitt on 01253 404 848 mobile: 07808 777 612 or visit
www.uk-fags.co.ukRead
