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Council investigator catches pub landlady flouting smoking ban
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A pub landlady was prosecuted for breaching the smoking ban after a council paid an undercover investigator who saw people puffing away inside.
He visited the Stag's Head pub in Barnstaple, Devon, on three consecutive Fridays - and saw customers and the landlady smoking.
North Devon District Council licensing officer Nick Perkins said today the authority took the action because other publicans complained they were losing customers to the pub where smoking was being allowed.
It was the first time the authority had used an undercover investigator in connection with the smoking ban, and they would consider doing it again if necessary, said Mr Perkins.
The pub landlady, 45-year-old Joanne Kendall, admitted before Barnstaple magistrates smoking herself and allowing customers to do so in breach of the Health Act 2006.
She was fined £100 for failing to prevent smoking on premises, £30 for smoking herself, and ordered to pay £100 costs.
Mr Perkins said today following complaints that smoking was being allowed in the pub they sent Mrs Kendall two letters asking her to comply with the law.
"There were further complaints from other landlords saying it was an unfair advantage, and their customers were going to the Stag's Head,"
said Mr Perkins, adding the landlady was "clearly ignoring the advice."
Because the landlady knew Mr Perkins and his colleagues, the council paid someone unconnected with the authority to go undercover to prove or disprove the complaints.
"He went on three consecutive Fridays in April and saw smoking on each occasion, including the landlady herself," said Mr Perkins.
"We would have been delighted if she had taken our advice," said Mr Perkins, adding that the pub had a beer garden - providing 'plenty of room for people to smoke legally'."
Mr Perkins said 4,500 premises in North Devon were subject to the smoking ban - which came into effect on July 1 last year - and only one had been prosecuted.
John Spear
Commented 185 weeks ago
If, as we are forever being told, the smoking ban is so popular, then why are other publicans losing customers to the pub where smoking was being allowed, and why does the licensing officer state this pub had an unfair advantage?