Publican appeals on smoking ban fine

A Staffordshire publican has lodged an appeal against a fine for allowing the smoking ban to be breached at another of his pubs.

Dial Singh, who runs The Moon Under The Water in Huntington Terrace Road, Cannock, claims that his good name has been "besmirched".

He also owns The White Rose in Temple Street, Wolverhampton, and earlier this week he became the first publican in the city to be prosecuted since the smoking ban came into force.

The 46-year-old was found guilty by Wolverhampton magistrates on Monday of failing to stop smokers in a public place and ordered to pay almost £2,000.

The hearing took place in his absence and Mr Singh said if he had been allowed to explain himself, the prosecution would not have stood.

He insists the pub was not trading at the time environmental health officers visited and found drinkers lighting up and ashtrays on the tables.

Officials from the council dropped by the pub for a routine visit on February 1 this year, seven months after the nationwide ban came into effect and two months, Mr Singh claims, after he closed it down because of poor business.

He said he returned from India following a family bereavement on Monday night to find he had been prosecuted in his absence despite asking the court for a postponement.

"I am very angry that the case has gone ahead even though I went to the court on October 8 to tell them I was attending a family funeral," he said.

"I brought in my air ticket as requested as proof that I was travelling on October 10. I have now seen my solicitor and we have lodged an appeal.

"I have not traded at The White Rose since December 15. The pub has been closed and I have had four lads living there for security purposes so the building doesn't get damaged.

"They were smoking in there when the inspectors walked in but they weren't selling alcohol, it was a private gathering.

"The inspectors are talking absolute rubbish."

The publican, who lives in Bhylls Lane, Merry Hill, Wolverhampton, also runs The Hop Pole in Oxley Moor, Wolverhampton, and The Red Cow in Coseley.

He said: "I have a good name in the business and I feel it has been besmirched. I would never break the no smoking ban, and I don't in my other pubs.

"I tried to surrender The White Rose licence after I ceased trading there but I was told it would have to run for the full 12 months whether I was open or not."

The court heard that officers identified two people openly smoking in the bar during a visit to the February visit.

Mr Singh was interviewed and little evidence was provided to show what measures or instructions had been provided to prevent people smoking within the premises.

The pub was boarded up by the council last month.