Smoking ban: No fines so far (From Witney Gazette)

Smoking ban: No fines so far

3:20pm Friday 4th January 2008 in Witney By Matt Wilkinson

MORE than half of pubs quizzed by the Witney Gazette have admitted spotting a smoker illegally lighting up - but nobody has been fined.

The Witney Gazette questioned 32 pubs across the county, and 17 landlords said people had been seen flouting the ban.

In most cases, landlords say smokers claim to have forgotten about the ban - and when tackled, either apologised or immediately went outside.

But local councils, which are supposed to enforce the ban, have not fined a smoker or licensed premises for flouting the ban since it came in to force six months ago.

Luke Massingham, manager of The Chequers Inn, in Witney, said: "People do smoke and try to hide it. It is a problem.

"It often happens at the weekends with people trying to be a nuisance, so we advise them to go to the smoking area, or make them leave."

Rachel Calvert, manager of The Cricketers Arms, Iffley Road, Oxford, said: "The ban has been positive and definitely worked. But we have had one or two people come in on a bad day and light up."

Linda Vinall, landlord at the White Hart, in Headington, Oxford, said a drinker lit up at the bar only days ago, claiming to have forgotten about the ban.

Another landlord, in Kidlington, who asked not to be named, said a drinker persisted with smoking at night in the pub because he knew the pub manager was away. He was warned by staff, and eventually extinguished the cigarette.

Smokers who get caught lighting up face a £50 fine. A pub landlord can be liable for a £200 fine for failing to display a non-smoking sign. They could be landed with a far higher fine of £2,500 if they allow any drinkers to smoke on their premises.

No fines have been issued by West Oxfordshire District Council, Oxford City Council, Cherwell District Council, Vale of White Horse District Council, or South Oxfordshire District Council.

Oxford City Council, however, has sent six warning letters to premises where smoking is alleged to have taken place. They have also issued 108 letters warning about wrong signage.

A spokesman for West Oxfordshire District Council said two premises were under investigation for breaching smoking regulations.

Government figures show the compliance rates are about 97 per cent among smokers.

Simon Clark, director of smokers' lobby group Forest, said: "Although there is generally a pretty high compliance rate across the country, it doesn't mean the ban has been a success.

"There are still a lot of angry smokers, who feel the ban is far too draconian."