Smoke ban rebel: Come get me

Rebel landlord Hamish Howitt

REBEL landlord Hamish Howitt today threw down the gauntlet to the authorities as he continued his one-pub protest against the smoking ban.

And he accused police and council bosses in Blackpool of being "weak" and "cowardly" for failing to prosecute him for allowing his customers to openly flout the nationwide prohibition.
The boss of the Happy Scots bar on Rigby Road has advertised smoking is still allowed in his bar - despite the threat of a massive fine or even closure from the authorities.
But one week after the ban on lighting up in public places was brought in customers are still happily puffing away in the Happy Scots.
Three drinkers have so far been handed fixed penalty fines of Ł50, but no action has been taken against Mr Howitt.
The pub boss - who will pay his customers' fines - says this is a clear sign the authorities do not know what to do about his "pro-freedom" protest.
"They've been fining my customers and not me and I don't understand why?" he said.
"I'm here and they know I'm not going to stop my customers from smoking so what are they waiting for?
"It proves how badly thought out and impossible to implement the law is and how weak and cowardly Blackpool Council is.
"Levying the fines on my customers and not me is pathetic.
"I'm challenging them now - don't pick on my customers, pick on me."
Mr Howitt has labelled the smoking ban, introduced on July 1, a "human rights issue" and a government "hate crime" against 14 million smokers.
He says he is determined to take his fight all the way to European Court of Human Rights.
Mr Howitt added: "The dictionary says that hate crimes are 'crimes motivated by bias against an identifiable social group'.
"This is certainly that and there is a bias against smokers.
"I'm not a smoker myself, but I'm just trying to stand up for people's rights and give my customers what they want."
And the customers seem to be supporting him with takings up 50 per cent and people coming from as far as Glasgow, Birmingham and Bolton, just to have a smoke in the pub.
Mr Howitt's controversial stance is further complicated by the fact that he is Chairman of the Blackpool Licensees Pub Watch Association.
A vote of no confidence put forward against him by one of Blackpool's leading landlords, Dave Daly, from The Castle on Central Drive, saw overwhelming support for Mr Howitt with 85 per cent of licensees voting in his favour.
Mr Howitt also claims Blackpool Police's Nightsafe team, asked him to resign, but he has refused to do so.
Henry Mitchell, Chairman of Blackpool Council's Licensing Committee today responded by threatening to close the Happy Scots Bar down if Mr Howitt does not tow the line.
"We're trying the softly, softly approach at first," he explained.
"The council's enforcement team has been down there already and have issued fines and we're hoping for some common sense and co-operation.
"But if Mr Howitt continues to ignore the law tries to take us on, he will lose.
"We've closed down Walkabout and The Counting House on other licensing matters before and so we won't stand for it."

Blackpool Gazette July 11th 2007

By Joe Robinson

THE pub at the centre of a smoking rebellion is the only one in Blackpool to flout the ban.

Council officers have visited more than 200 licensed establishments since the ban came in on July 1.

Smokers ignore new law
And so far the only fines handed out to smokers breaking the law have been in the Happy Scots bar in Rigby Road.
Licensee Hamish Howitt is openly flouting the legislation which prohibits lighting up in enclosed public places.

Illegal

But Alan Cavill, the council's assistant director of enterprise and business development, says Mr Howitt will soon be in front of the courts after enforcement officers from Trading Standards issued two "reported for prosecution" notices.
Hitting back, Mr Howitt today said he would serve a writ against Blackpool Council, the Home Office and the Department of Culture and Media for "harassment".
Mr Cavill said: "The licensee was reported for prosecution for infringements on both Friday and Saturday which should result in him receiving two court summonses carrying a maximum fine of Ł5,000."
Mr Howitt, however, denied Mr Cavill's claim, saying he had not been served with any paperwork.
He said: "I haven't had a single piece of paper to say they are going to prosecute me. I intend to serve the council, the Home Office and the Department of Culture and Media with a writ for harassment.
"They are harassing me over the ban and wasting police time sending them along with Trading Standards even though it's not the police's responsibility to enforce the ban."
But Mr Cavill responded, saying written confirmation was being prepared.
He said: "Mr Howitt has been verbally informed that he has been reported for prosecution twice and will receive a hand-delivered letter informing him that he is required to attend an interview on Friday," he said.
"Mr Howitt is not only allowing smoking on his premises, but actively encouraging it."
But Mr Howitt denied those claims and said: "This law is illegal as far as I'm concerned and if the law wasn't challenged there would be no democracy. Nelson Mandela, Martin Luther King, Peter Tatchell, they all broke the law.
"I'm serving this lawsuit against them for harassment for an unspecified sum, that could be millions of pounds.The council, the Home Office and the Department of Media and Culture should have that on their desks in the morning."
Three customers have so far received Ł50 fixed-penalty notices at the bar, which Mr Howitt has pledged to pay.

Blackpool Gazette 18/07/2007

Thousands support me

I'D like to thank the gazette and all its smoking and no-smoking readers for being the first newspaper to allow open democratic debate.
Politicians and health fascists are inciting hate crimes against 25 per cent of highly taxed lawful smokers who outnumber every minority group in the UK combined.
Fourteen million lawful adults have been criminalised and paraded like animals in a zoo outside pubs and clubs in gales, sleet, snow and rain and humiliated by passers-by who have never spent a penny in our pub, such is the zealous action of the government.
It incites snooping and free phone telephone calls to grass on a lawful smoker, this government who stole my vote and many others by lying in its manifesto that non-eating pubs and clubs would be exempt from the ban.
I've had thousands of emails, letters and visits to my website and pub etc, 99 per cent of them supporting our stance which is about choice.
However one chap said he hopes my pub burns down and Neil Kendall's letter (The Gazette, June 19) states his next-door neighbours' smoking seeps through his walls.
He states that he wont be affected as he isn't a regular. He seems to want smoking banned inside your own house as well as pubs and on the streets such is the hatred incited.
Non-smokers have a choice: Don't come in our pub if it offends. Everyone is welcome, let the free market economy vote with its feet. We have invested over Ł1m; it's our Ł500,000 mortgage, our business, our destiny.
We don't force smokers or non-smokers into our pub, just as we don't force anyone outside.
It's about privacy, dignity and choice. Smokers are being forced outside and denied warmth, comfort and open political debate.
Hamish, Joanne
and Hugh Howitt
Crazy Scots Bar, Rigby Road,
Blackpool

THE traditional Glasgow holiday weekend was 'a disaster' for Blackpool pubs according to a number of leading landlords.

Pubs claim there was an alarming drop in takings during the first weekend of the Scottish summer holiday, blaming the smoking ban and council parking charges for the fall.
Controversial landlord and Pubwatch boss Hamish Howitt, who has continued to allow customers to light up at the Happy Scots on Rigby Road, said many businesses were suffering but their managers had been gagged by the breweries.
Mr Howitt said: "A huge percentage of Blackpool pubs are managed houses and the managers are unable to speak out and have to toe the brewery line.
"If they protested against the smoking ban like me they would be sacked.
"This weekend was a disaster with people losing up to seven or eight thousand pounds in takings."
Stuart Dudgeon, who owns The Life Boat Inn on Foxhall Road agreed, he said: "I supported Hamish and I can speak out because I own the pub myself.
"The smoking ban is a disaster; a diabolical violation of human rights.
Rebel
"My customers are standing outside and freezing to death in the bad weather. My trade is really suffering.
"Glasgow fair weekend is usually great but this year it was a total non-starter."
One well-known manager, who runs a high-profile chain premises in the resort said there was a "culture of fear" among landlords who support the smoking ban rebels.
He said: "It's true that people can't speak out.
"They would be sacked.
"Between the smoking ban and Blackpool Council's parking charges my trade is really suffering.
"I've been in the trade for 20 years and Glasgow Fair weekend has always been the busiest of the year.
"This year it was a complete disaster."
A number of other managers cited similar concerns but asked not to have their opinions published.
Chairman of the council's licensing committee, Henry Mitchell, said that a report on the investigation into the Happy Scots Bar is imminent and further action may be taken against its owner.
But Coun Maxine Callow, Blackpool Council's cabinet member for regeneration and tourism, blamed bad weather for the downturn in trade over the weekend.
She said: "The recent bad weather has obviously had a negative impact on visitor numbers throughout the UK effecting every tourist destination nationally.
"Despite this, Blackpool had a reasonable weekend and 60 per cent of the 9,000 car parking spaces were used across the town.
"As Scotland introduced its own smoking legislation earlier this year, it's highly unlikely England's recent Smokefree laws will have put off any Glasgow visitors. They are used to not being able to smoke in public places."
"Last weekend's Cycle Fest attracted large numbers and this weekend's Air Show will draw the crowds, with the Red Arrows here on Saturday and Sunday."