Landlady fined for flouting smoke ban

A landlady who defied the smoking ban in her own pub was ordered to pay more than £2,000 in one of the first cases in the Midlands under the new laws.

Josephine Garfield allowed numerous customers to light up in her pub, the Top Bell, in Belmont Road, Lye, a court heard. More than a dozen police and council officers raided the pub only to find punters puffing away openly in front of staff. Garfield, aged 41, of Queensway, Wollescote, pleaded guilty to failing to stop people from smoking.

She also admitted serving after hours and playing music after 11pm.

Dudley magistrates fined her £1,000 for the smoking offence, £500 for serving after hours, £100 for the music offence and ordered her to pay £1,015 in costs.

Miss Neelam Bangar, prosecuting on behalf of Dudley Council, said: "Whether people agree or disagree with the legislation, it is the law."

Dudley magistrates heard Garfield had previously received a series of written and verbal warnings from council officers after reports of people smoking in the pub.

Miss Bangar said Garfield told a council officer during the raid: "I know we're breaking the law, but how can I control them if they are all outside? This is Lye."

Representing herself in court, Garfield told the court she had actually asked all the smokers to come inside on what was a hot and busy evening last August, because she feared trouble may erupt.

She said a man had been found beaten up outside the pub a few days earlier and that regulars had told her the men responsible were returning that evening.

"I have run a pub for 14 years and have tried very hard to always run good establishments," she said.

Chairman of the bench, Mr Robert Taylor, said: "We've taken into consideration your early guilty plea and the fact that you have been a licensee for the last 14 years."

Mr Taylor added that magistrates had decided against reconsidering Garfield's license because of her impressive record in the area as a landlady.