Landlords warned to enforce ban

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.

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Josephine GarfieldLandlords 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."