11:16pm Friday 29th February 2008
By Helen Korn
A CLUB where lock-ins were held for regulars to smoke is the first licensed premises in East Lancashire to be prosecuted for flou-ting the smoking ban.
Peter Valentine, who has run The Tacklers in Colne for two years, let customers smoke in the Knowsley Street venue after hours for three weekends on a row.
The 54-year-old, from The Crescent, was caught by health insp-ectors conducting a spot check to ensure anti-smoking laws were being followed.
He was fined £250 with £100 costs after he pleaded guilty at Reedley Magistrates Court to allowing people to smoke in the premises.
Environmental health bosses confirmed that Valentine was the first owner of licensed premises in East Lancashire to be prosecuted for allowing customers to smoke since the ban was introduced last July.
After the case, Valentine said he might have to shut as there is nowhere for his members to smoke while pro-smoking group Forest, condemned his prosecution.
But Pendle Council said that it would now be conducting more late-night operations to catch others who are allowing people to smoke in their premises.
Reedley magistrates were told that an environmental health officer, licensing officer and police had visited the club at 11.45pm on November 2, 2007.
Peter Frost, prosecuting, said: "The police do check the anti-smoking and licensing legislation and as the environmental health officer approached the club the door was closed, lights were on and she could hear voices inside the club.
"She used the intercom and a man who said he was a steward answered.
"The officer said there had been smoking inside the club for an hour. She counted 12 people there and she said the room smelled strongly of cigarette smoke and there was a smoky haze.
"Mr Valentine said he was soley responsible for allowing smoking inside the club and said he had no excuse."
Sheila Bell, the environmental health officer who conducted the raid, said: "It is the first offence we have prosecuted since the legislation came in. It's not something we are doing every day.
"It is unusual to find a smoking lock-in and the outcome of that is that we are going to focus much more on late night activity - so when we go out we will be staying out longer."
Peter Valentine, says he believes his club, which has a sign on the door saying that smoking on the premises is forbidden, will shut now smokers are being forced to go outside.
He said: "We've had letters from the council about people smoking and causing a disturbance on the streets outside the club. But people aren't going to go out for a smoke stand a street away and then come back.
"We don't have a smoking shelter because we haven't room for one. There's only a fire exit at the back and the front is a street which is a public highway. We can't even have fire buckets at the front like other clubs have.
"I don't agree with the smoking ban at all and it's not just me.
"I think the fine is fair. I thought it was going to be more than it was.
"These clubs were built for the working men, people want to smoke.
"I've been to Spain and you can smoke everywhere there. In most bars they have designated smoking rooms. I think the ban will shut the bar down if I send smokers away."
Neil Rafferty, a spokesman for pro-smoking group Forest labelled the ban "ridiculous."
He said: "It's a shame that Mr Valentine has had to break the law. While we don't promote it, we understand the position he is in.
"It is a really stupid law which is criminalising decent people who are just trying to serve their customers.
"I can't imagine that anbody who was involved with the lock-in had any problem. "
Amanda Sanderford, research manager for anti-smoking campaign group, ASH, said she believed the fine was justified as the law on smoking in public places is quite clear.
She said: "There's no point in having a law if it is not going to be properly enforced.
"Mr Valentine's fine should send out a clear message to others who break the law - that they will be investigated and they will be fined.
"It is a serious matter because the dangers of passive smoking are very clear and if people are allowing smoking they are damaging their and others' health."
A spokeswoman for Smoke Free England added: "We believe the penalties are a sufficient deterrent, and we expect that pubs and other hospitality venues will comply with the legislation to make their premises a healthier place to visit and work."
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