Nothing to lose?
Thursday, July 12, 2007 
On my way home from Blackpool yesterday I took a short detour and dropped in on the Swan Hotel in Bolton. Landlord Nick Hogan - who has been defying, very publicly, the smoking ban - was unavailable, so I ordered a drink, took a seat, and had a look around.
It was early afternoon so there were less than a dozen customers, a couple of whom were sitting, outside, in the courtyard. Given the time of day, most were middle-aged or elderly, although the Swan is clearly aimed at a younger clientele. (The sound system, dance floor and disco ball were fairly obvious clues!)
Inside, several people were smoking, ignoring the 'No Smoking' signs that, somewhat incongruously, have been put up in compliance with the law. A letter, photocopied on A4 paper, had been placed on each table. Addressed 'To whom it might concern', it read:
As of 1st July 2007 the government has made it illegal to smoke in enclosed public spaces. Any persons found to be smoking within these spaces may be fined up to £50 or receive a court appearance. The management and staff of The Swan believe you have the freedom to choose whether or not you wish to smoke. If you choose to smoke it is entirely your responsibility and for persons who do not smoke you have the freedom of choice whether or not you enter this private establishment.
According to reports, the council has issued the landlord with a written warning. Nick says he wants his day in court and will continue to ignore the ban. Some of you have questioned why other publicans aren't taking a similar stand. The truth is, few publicans can risk being fined up to £2,500 (plus costs) or, worse, losing their licence.
If councils value local pubs, let's hope the majority take a sensible, pragmatic approach to the ban - or, better still (but less likely), support efforts to amend the legislation. If not, we could see an increasing number of 'for sale' signs outside Britain's pubs and clubs.
Simon Clark
Conspiracy theorists on this blog (there are a few!) may be wondering what happened to the comments on this post. Truth is, I accidentally deleted them by hitting the wrong button. If I get a moment later today I will try to restore them.
Reader Comments (4)
There are now at least 1600 pubs across the UK allowing smokers to smoke in the pub. the publicans have realised how much money they are losing and knowing they have nothing to lose they are lighting up again. if they bring in the ban, they go bust, so what the heck. if we were given what the Labour Party promised us in their last Manifesto every thing now would be OK, but they lied to us and now will have the problems of a full Judicial Review in the High Court in London. stand up for your rights and find a smoking pub, if every one did this the law would be changed within days.
Tony Blows
Tony,
On a practical note, is there any way of spreading the information to people who are looking for pubs which are defying the ban? For this to work it would need a % of publicans to commit to doing it at the same time to act as a catalyst, for members of the public to know which pubs these are so that they could support them and for the media to be interested enough to publicise this which they would do if there appeared to be mass civil disobedience. In effect, it would need to be done in a planned and co-ordinated way, as a campaign. IMHO I think it's an opportunity lost if pubs which are defiant are doing it quietly, Their defiance is likely to end through lack of support because people don't know about it or from enforcement of the ban..
Tony - if there is a website which informs people where these pubs are, can we have it, please? I don't know anywhere in my area which is offering any form of resistance, therefore can't join in - and I feel very left out!!
i live in oldham and as far as i am aware there is no pub near me defying the ban,so on sunday afternoons (my only day off} i take the trouble to catch a train to bolton and go to the swan, where i have a very enjoyable afternoon with great entertainment,geat food(which is free by the way}-the landlord nick makes you most welcome and i can smoke in comfort.long may it goes on. there should be more people like nick and tony and hamish from blackpool to have the guts to make a stand for what is right.