Publican Charged  with Breaking Smoking Ban
Date : 08.01.08

A Landlord is to face court because he is alleged to have broken new anti-smoking legislation in his pub.  Andy Hemming, of The Black Horse at Littleworth, Amberley, has pleaded not guilty to two charges under the Smokefree legislation, brought in July.

The case against Mr Hemming is believed to be the first of its kind against a pub licensee in Gloucestershire.

Three taxi drivers were fined £50 each in November for smoking in their cabs.

If found guilty, Mr Hemming could be fined a maximum of £2,500 for allowing smoking in his pub and up to £1,000 for not displaying the signs.

"The signs are in place at the entrance to the pub," he said.

"But a few regulars have been taking them down and I put them back up. They (Stroud District Council) are trying to prosecute me for failing to display my signs.

"I was out the day the woman from the council came round. I could not have known they had been taken down."

He said the other charge relates to a relative smoking in the pub when it was closed. Mr Hemming said a customer entered the pub before it was open for business and bought a soft drink.

Realising that a customer had walked in the relative made a quick dash upstairs to the private quarters with his cigarette.

"I am not holding up two fingers to the law," said Mr Hemming.

"I respect the law but when I'm shut, this is my front room."

He pleaded not guilty to both charges at Gloucester magistrates court in October.

He will face Cheltenham magistrates court on January 21.

A Stroud District Council statement said: "We can confirm that we are prosecuting Mr Hemming, licensee of the Black Horse Inn, Amberley, for two alleged offences under the Smoke-Free Regulations, 2007.

"These are allowing persons to smoke inside the public bar and failing to display the correct "Smokefree - No Smoking" signage.

"This is the first prosecution of a licensee in Gloucestershire under The Smoke-Free Regulations and underlines Stroud District Council's commitment to uphold the law and make public places safer and more pleasant for everyone."