Council denies smoke ban blunder

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Enforcement officials in Stoke-on-Trent warned that anyone "blatantly" flouting the smoking ban can and will face court action.

Some smokers and publicans in city have been ignoring the new legislation, which came into force on July 1, after it emerged that the local authority does not yet have the power to issue fixed penalty notices to those caught breaking the new law.

The city's Head of Regulatory Services, Peter Devaney, stressed: "We have the power to prosecute individuals and businesses and have been able to do this since July 1, the day the national ban came in. If we need to prosecute anyone in the short term, which is unlikely, we would enforce the law with a summons rather than a fixed penalty notice."

Mr Devaney said the city had never intended to issue fixed penalty notices during the first weeks of the ban.

"In June we were notified about the final legislation coming in and set the wheels in motion for our Licensing and Consumer Protection Committee to bring fixed penalties on stream on Monday July 16," Mr Devaney added.

"Our intention has always been to use the first few weeks of the ban to inform and educate people. But people who deliberately flout the law, including publicans, must recognise that they are at risk of prosecution."

One bar in Stoke-on-Trent erected posters welcoming drinkers to "Smoke-on-Trent" after news filtered out that on-the-spot fines could not be issued.

Nicotine addicts were said to be flocking to the city's 400 bars, as well as lighting up in enclosed spaces such as bus shelters.

But Mr Devaney described the attitude of the vast majority of residents as superb. "Our staff report that where people have been advised to stop smoking they have co-operated and respected the ban," he said. "This is not a real problem for us as we can issue a summons where we need to."