A PUB landlord has become the first in Greater Manchester to be convicted of defying the public smoking ban.

Nick Hogan, former landlord of The Swan Hotel and Barristers Bar in Bolton, was found guilty of failing to prevent people from smoking in his pubs on four separate occasions.

He now faces a £10,000 bill after being told to pay £750 for each offence - a total of £3,000 - plus costs of £7,236.

Hogan, 48, is also the first person in the country to be found guilty after challenging the national ban in the courts.

Businesses that fail to prevent smoking can face fines of £2,500, and those caught smoking risk fixed penalty notices of £50.

Hogan appeared before Bolton Magistrates' Court yesterday to deny a total of nine charges - five of failing to prevent people from smoking in a public place, and four of obstructing Bolton council officers.

He told the court that he warned customers that they were breaking the law in a letter put out on tables.

No smoking signs were also displayed in the pub after the new legislation was introduced under the Health Act 2006 on 1 July last year.

But he did not actively enforce the ban, claiming it was customers' `right to choose'.

District Judge Tim Devas found Hogan guilty of four of the five counts of failing to prevent people from smoking. He was cleared of the obstruction charges.

Flagrant breach

Mr Devas said it a `flagrant breach', and it was Hogan's `positive duty' to prevent smoking.

He said: "It seems to me that the Act leaves no doubt that it is not sufficient for someone to merely give people a choice, and to tell them that what they do is their choice.

"The landlord took steps to inform his customers as to the law, but made it clear as to his stance. He did not take reasonable steps to cause persons smoking to stop."

Hogan, who represented himself in court, said that he would consider an appeal and vowed to enforce the ban in the pub he now runs in Chorley, Lancs.

He said: "I need to take time to reflect on the court's decisions, but it certainly is not the end of the matter. I am a little bit shell-shocked about the size of the fine and costs.

"I am disappointed. I still believe that this legislation is draconian, and I am sure that the fight against it will go on. This was not just about smoking. It was about people's rights."

The court heard how Hogan held a `mass light-up' in defiance of the ban on the day it came into force - claiming he `wanted his day in court'.

Environmental officers first visited the pub on 2 July but found no customers smoking.

David Travers, prosecuting, said Hogan was spoken to and said he understood the law, but did not believe in it.

Mr Travers said: "He wanted to make a stand."

The officers found letters on tables, which said: "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."

An invitation

But Mr Travers called it `tantamount to an invitation' and said: "The letter is wholly inconsistent with the defendant taking reasonable steps to prevent smoking."

Hogan was visited again on 5, 6, 10, 17, and 19 July. Officers said they witnessed customers smoking each time.

The landlord also lit up once in front of them, Mr Travers said.

Hogan refused the offer of a written warning, and declined an offer to discuss the situation with the council.

Barry Whitehead, principal environmental health officer, said: "He just said that he wanted his day in court."

Legal proceedings were then issued.

Mr Devas found him not guilty of obstructing officers, saying his `polite requests' for them to leave did not amount to obstruction.

He was also cleared of failing to prevent smoking on 10 July, because he was not there.

Bolton Council welcomed the ruling.

A spokesman said: "We are pleased that this situation has been resolved, and we will continue to enforce the smoking legislation in Bolton. It is unfortunate that this action was necessary, but we did everything possible to try and resolve the issue with Mr Hogan prior to prosecution."

One pub landlord in Blackpool has already been fined after he admitted charges, and other cases are pending.

A pub landlord in Gloucestershire was cleared of a single charge last week after magistrates accepted that he had asked his girlfriend to go upstairs immediately after she lit up a cigarette in the pub.

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