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Belle Isle: First pub prosecuted over smoking laws
A Belle Isle licensee has become the first in the city to be successfully prosecuted under anti-smoking laws.
Angela Mills and her husband Peter were taken to court by Leeds City Council for failing to stop customers smoking in the Omnibus pub they run in Belle Isle.
The couple, who denied the charges, were found guilty and faced a bill of more than 13,000 – 2,500 for three offences and 6,000 in legal costs.
But Leeds magistrates yesterday gave them conditional discharges and ordered Mrs Mills to pay 500 costs and her husband 250.
Outside court Mrs Mills, 60, said: "I've been found guilty for something I've never done. When you're persecuted like this it just stops you wanting to continue."
Mr Mills, also 60, who told the court the pub was now up for sale, added: "I'm totally stunned. The only sense of relief is that I got a conditional discharge, which is the next thing down from them finding you not guilty."
The couple were prosecuted under anti-smoking laws introduced in 2007.
Earlier magistrates heard how council health officers and police raided the pub on January 8 and March 24 this year.
During the first raid 79-year-old Lena Riley was seen smoking while sat on a buffet propping open a door in a lobby which led to a lounge and tap room.
In the second case quadraplegic Paul Holmes was seen smoking in his wheelchair in the same corridor with two other men.
Chairman of the Bench Jagdeep Kang said magistrates found in the first instance Mrs Mills failed to react when the officers told her about the smoking.
In the second incident Mr Mills did not take any direct action to stop the smokers and Mrs Mills, although not present, was also guilty as she was in overall charge.
Mrs Kang told Mrs Mills: "We give you a conditional discharge for 12 months. This means you will not be punished today.
"But if you're indicted on an offence during this 12 month period you can be punished, not only for this offence, but also for any other offence you are found guilty of.
"We have listened to what you and your husband have said regarding the current financial situation you are in compared to when you took over the premises three years ago.
"In respect to the costs that would equate to near enough 6,000, because of your financial circumstances there will be costs awarded to Leeds City Council of 500."
The pair agreed to pay 20 each per week or until the pub was sold when they would pay off any remainder.
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Saturday 19 May 2012
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