A Stourbridge pub landlady has been fined £2,600 after allowing people to smoke on the premises – in a landmark court hearing believed to be the first prosecution in the West Midlands.
Josephine Garfield, licensee at the Top Bell, in Belmont Road, Lye, admitted breaking the law at the premises at Dudley magistrates court yesterday(THURS).
The licensee was ordered to pay out £2,600 in costs and fines after failing to prevent staff and customers from smoking on the premises.
Councillor Karen Shakespeare, cabinet member for environment, said:
“We hope this prosecution sends out a clear message to people allowing smoking in public areas and licensed premises - break the law and you will end up in court.
“We prefer to work with businesses to offer help and advice in complying with the new smoke-free laws, and a considerable amount of work has already been carried out. But we will not tolerate a blatant disregard of the law.”
Dudley Council enforcement officers visited the Top Bell pub in August last year after receiving complaints from members of the public.
They found smoking taking place on the premises, despite the new smoking laws banning lighting up in public places which came into force in July last year.
The landlady also pleaded guilty to two licensing offences involving serving alcohol and entertainment past permitted hours.
Between July and December 2007, Dudley Council enforcement officers inspected 1,432 premises across the borough, and found 97.8 per cent were abiding by the new laws.
Written warnings were sent to 35 businesses and 12 bosses were warned about not displaying ‘no smoking’ signs. A total 12 individuals received written warnings about smoking in an enclosed space and one fixed penalty has been issued.
People breaking the rules face tough penalties. For smoking in a smokefree place there is a £50 fixed penalty which could go up to £200 if it goes to court, if not paid.
Businesses failing to display a sign could receive a £200 fixed penalty which could go up to £1,000 at court. For failing to prevent smoking in a public place there is no fixed penalty but businesses could face up to £2,500 at court.