Landlords across Dudley have been warned smoking will be not tolerated in their pubs after a Stourbridge landlady was taken to court for flouting the new laws.
The warning was issued by Dudley Council following the conviction of Josephine Garfield, pictured, licensee at The Top Bell, in Belmont Road, Lye, at Dudley magistrates court on Thursday.
Garfield was fined £1,000 after admitting to failing to stop staff and customers smoking in the premises.
She also fined £500 for serving after hours, £100 for the playing music after 11pm and ordered to pay £1,015 costs.
Council enforcement officers visited the pub last August after receiving complaints from members of the public and found customers smoking, despite the new laws banning lighting up in enclosed public places which came into force last July.
Between July and December, the officers visited 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. Twelve landlords received written warnings about smoking in an enclosed spaces and one fixed penalty was issued to Garfield.
People breaking the rules face tough penalties in the form of a £50 fixed penalty which could go up to £200 if it is not paid and goes to court.
Businesses failing to display a sign could receive a £200 fixed penalty, which could go to £1,000 at court and up to £2,500 for failing to prevent smoking on their premises.
Councillor Karen Shakespeare, Dudley Council’s cabinet member for environment, said the prosecution sent out a warning to other landlords that any infringement of the no-smoking law would not be tolerated.
“We hope this prosecution sends out a clear message to people who are allowing smoking in public areas and licensed premises - break the law and you will end up in court,” she said.
“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.
“We will not tolerate a blatant disregard of the law.”



















8 Comments
thats me mum lol shes famous!
You are damned if you do allow smoking, £1000 fines and haughty cows like Clr Karen Shakespeare, getting their 15 minutes of fame. Or damned if you don’t allow smoking and become bankrupt, like 50 pubs a week are doing. Is Karen Shakespeare going to make up the difference in takings from council funds or her own pocket? At least with the former yuou have some fun.
This ban needs urgently ammending to give publicans the right to choose to allow smoking on their premises if they want to.The law is making criminals out of ordinary decent people, and these heavy handed councils seem to relish this relentless persecution of smokers!
freedom2choosedotinfo
well one wanders what’s going on in this country and all one sees is a police state- of course crime is rife its only little petty things like smoking in public places that can be enforced. Over 10000 new criminal offences have been created by new labour! I have complete symathy for those flouting this petty vindictive legislation even though I dont smoke!!
In addition this law s bad for pubs and allowing smoking is the only way many survive- those who constantly enforce the ban will go broke its as simple as that and jobsworths like Karen Shakespheare(what an insult to the great William) must accept.
The Council make threats against Landlords/Landladys that they will not put up with a blatant disregard of this so called smoking ban,yet they expect Landlords/Landladys to show a blatant disregard for their Business,if to comply with the ban means your pub/club will close down how can you comply with the ban?.No proof has been shown to back up the smoking ban and the so called harmful effects of secondhand smoke so why should anyone comply?,this ban needs to end now,the smoking voters will have their say about this Government in due time but how many people will be put out of work in the short time?,cheers,Tug.
Landlords should be allowed the choice of whether to be a smoking or non-smoking pub. This draconian and socially divisive law is a disgrace to justice.
As a born again ex-smoker I welcome the fact that I can go in to a pub and not stink of smoke. Of course it’s not so much fun these days with it being empty and all. This government has a real track record of using TNT to crack nuts. Why oh why did they not allow smoking rooms ? I suppose they wanted to protect people quickly but there is no sign this legislation is going to be made more sensible with time.
I really hope all the non smokers who wanted Pubs smoke free start using them before they go bankrupt. or is no pub better than a smokey pub?