If you’re reading this you’ve probably already read about the plight of Nick Hogan, if not go and read about it over at Old Holborns and whilst you’re there make use of the donate button to chip in an help get him out of prison. I thought debtor’s prisons had been done away with but apparently not, and by all accounts this particular prison has a particularly bad reputation.
Even if you agree with the smoking bad, the issue here is as Charles Crawford says far more about “the definition of a privately owned pub as a ‘public place’ under the relevant legislation. Just because the public have ‘access’ to a pub does not mean that it should be treated as a public place.“.
The other interesting point as observed by Old Holborn is that none of the smokers were breaking the law it was perfectly legal for them to smoke in the pub, it was just illegal for the owner to let them smoke (even though he wasn’t there). Which does make me wonder who’d get prosecuted if one. were to smoke in a government or crown building, as again as OH observes most of the staff there will have no power to compel you to stop, and you’re not breaking any law.
Finally in case you’ve not already done so go and chip in a few quid to help get Mr hogan out of prison so he can get back to trying to keep his remaining pub open, and you don’t even have to leave your chair.
Correction The law does make it an offence to smoke in a smoke free place, but that still doesn’t give them much power to enforce it. However a slightly more worrying bit with concern to the point Mr Crawford makes is this:
(1) The appropriate national authority may make regulations designating as smoke-free any place or description of place that is not smoke-free under section 2.
(2) The place, or places falling within the description, need not be enclosed or substantially enclosed.
(3) The appropriate national authority may designate a place or description of place under this section only if in the authority’s opinion there is a significant risk that, without a designation, persons present there would be exposed to significant quantities of smoke.
