Tory club fined over cigarettes

Subject: CIEH

The Chartered Institute of Environmental Health (CIEH) has welcomed the successful prosecution of Conservative Club for allowing smoking on its premises.

The Balfour Conservative Club in Quay Street, Haverfordwest and its Steward, John Phillips, were each fined £1,000 by magistrates on Monday, 16 February after admitting three offences under the Health Act 2006.

Director of CIEH Wales Julie Barratt said:

“The ban on smoking in public places was enacted to protect the health of people exposed to environmental tobacco smoke.

“Local authorities have worked very hard with premises affected by the ban to promote understanding of the legislation and what it requires.

“It is right that where there is disregard for the legislation, as in this case, those who ignore it should be prosecuted. Such action both protects exposed individuals and supports those premises that are complying with the law.”

The prosecution - brought by Pembrokeshire County Council which was awarded £3,000 costs – is the first in the County since the smoking ban was introduced in Wales in April, 2007.

The prosecution followed an unannounced visit to the club by officers from the council’s Public Protection Division on 12 June last year following allegations that smoking was being allowed in a room on the club premises.

When the officers entered they found three people smoking and noticed an ash tray containing cigarette butts. A ‘No Smoking’ sign was on display.

The court was told that previously the club had been provided with comprehensive guidance relating to the ban.

It had also sent a representative along to one of a series of roadshows held by the council for local businesses, and had benefited from a series of visits by public protection staff to explain the requirements of the legislation and the steps that should be taken by management at the premises in order to secure compliance.

Jeff Beynon, the council’s Food, Safety and Port Health Manager, said that it was inexcusable that the club and its steward chose to ignore the requirements of the ban, after all of the advice and direction that had been provided by the council’s officers.

He added:

“In circumstances such as this the authority is left with no alternative but to prosecute, to protect the health of non-smokers and of persons employed on the premises. To put the interests of smokers above the health of others is wholly unacceptable.” 

Mr Beynon said that in line with the national picture, compliance levels with the ban in Pembrokeshire were extremely high with a great deal of public support from both non-smokers and smokers alike.

County Councillor Ken Rowlands, Cabinet Member for Environmental and Regulatory Services said that he was pleased with the result of the case.

“Smoking is the greatest preventable cause of illness, disability and premature death in Wales with about 6,000 related deaths in the country each year.

“In 1998 the UK Government appointed a Scientific Committee on Tobacco and Health which concluded that exposure to second-hand smoke causes a range of illnesses in adult non-smokers and children.

“Exposure increases the risk of heart disease among non-smokers by 25 per cent, lung cancer by 24 per cent as well as causing respiratory problems in adults and children, Sudden Infant Death Syndrome - cot death - in infants, and middle-ear disease in children.

“It is statistics such as these that underline the importance of the ban on smoking in enclosed and substantially enclosed work and public places. The Council is committed to ensuring that those concerned in the management of such premises take their responsibilities seriously.”