Pub smoking ban 'blighted couple's home'

A couple say their home next to a village pub has been "blighted" by the smoking ban and are claiming up to £50,000 for the effect on its value.

Neil and Rachel Mutter moved out of the one-bedroom property behind the Silverton Inn, in Silverton, Devon, claiming "stress and exhaustion".

Their home, The Old Lodge, can only be reached via a partially covered yard beside the pub - which landlord Shane Radmore turned into a smoking area when the new smoking law came into effect last summer.

The Mutters bought the converted skittle alley in the summer of 2004 for £175,000, and used the facilities at the pub, just a few steps away.

But when they decided to leave their home and put it on the market for £185,000 they claimed they were unable to sell it because of the situation which followed the smoking ban.

Mr and Mrs Mutter, who moved out to live with relatives, have now made a county court claim for up to £50,000 for the "diminution in value" of their property.

The couple could not be contacted today, but in a county court statement Mrs Mutter said after the smoking law came into effect, up to 15 people gathered in the yard to smoke.

That happened throughout the pub's opening times and sometimes past midnight, she said.

To get to their home they had to negotiate a crowd of people, around furniture and a cloud of smoke.

Mrs Mutter aid in her statement that they finally moved out because of the "noise, smell, cigarette butts and smoke".

When they put the property on the market estate agents told them they could raise no interest, with viewers having to negotiate smokers, furniture, noise and music.

"Our home has been blighted," said Mrs Mutter, adding: "We have been left with no alternative but to apply to the courts for help."

Mr Radmore said today that he had offered to meet Mr and Mrs Mutter and their solicitor at the pub to see what could be done to resolve any problems.

He said the yard was owned by the pub and was licensed, and was also used by customers staying at the pub on a bed and breakfast basis, for brewery deliveries, and was also a fire exit.

Since last summer, following advice from Mid Devon district council. customers had been allowed to use the yard for smoking before dusk or 9pm, whichever was sooner.

Today there were signs in the yard requesting that the noise be kept down.

Mr Radmore, who is contesting the claim, said: "It is not my fault they are finding it difficult to sell their flat for what they are asking."

Exeter County Court said today that no date had yet been set for a hearing.