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Now smoke ban rebel will face court

10:55am Sunday 5th August 2007

comment Comments (27)   Have your say »

By Jane Lavender »

SMOKING ban rebel Nick Hogan is to face court after defying an order to meet council bosses.

Bolton Council confirmed its legal team would begin proceedings after the landlord of The Swan and Barristers pubs in Bradshawgate failed to turn up to a meeting at his own pub with environmental health officers yesterday.

Mr Hogan has refused to force smokers to put out their cigarettes in his pubs since the ban was introduced on July 1.

He threw out environmental officers when they tried to issue him with a warning that he faced a £2,500 fine for allowing smokers to light up in The Swan last month.

Mr Hogan has since refused to attend any interview under caution and repeatedly called for the council to take him to court so his views could be aired publicly.

A council spokesman said: "We can confirm that Mr Hogan failed to attend an interview on Friday.

"We have attempted to speak to him on numerous occasions over recent weeks and he has repeatedly refused to co-operate.

"The case will be referred to our legal team who will make arrangements for a court date."


Your Say Yourtheboltonnews

Alan, Bolton says...
12:24pm Sun 5 Aug 07

Well done Nick ! You deserve everyone's support.
The fact that once again, the Swan was packed out with smokers last night speaks volumes. I wonder why the Council don't attempt to fine all the smokers in the Swan on a friday or saturday night ?????
Laws and regulations are there for the guidance of the intelligent, and the blind obedience of the idiot.

King Eric, . says...
12:55pm Sun 5 Aug 07

Laws and regulations are there for the guidance of the intelligent, and the blind obedience of the idiot.


Excellent, I'll be along later to steal your TV as I don't agree with the Theft Act.

berushka, europe says...
2:24pm Sun 5 Aug 07

if this is a legal matter, who are the council 'bosses'? Mr Hogan has every right to refuse entry or eject anyone he doesn't wish to serve in his premises, and the fact that they work for this miserable council is every more reason to tell them to leave. So Eric, stealing televisions is okay? shows just who you are. This defiance is against peoples' rights, not against the immoral behaviour of morons, whom you seem to support. Bolton council and others will regret this heavy handed approach when Blairs' legacy, ineptly continued by that bumpkin brown are put into the dustbin where they belong.

Tommy, says...
3:56pm Sun 5 Aug 07

Eric, stealing televisions is okay? shows just who you are.


I think the point he was making was that just because you disagree with a law doesn't mean going around breaking it will make your point any clearer.

RagReader, Horwich says...
4:31pm Sun 5 Aug 07

King Eric wrote:
Laws and regulations are there for the guidance of the intelligent, and the blind obedience of the idiot.
Excellent, I'll be along later to steal your TV as I don't agree with the Theft Act.
Great comment, I hope Mr. Hogan has pay the full costs when he loses his case and probably his licence.

JoePublic, Bolton says...
4:49pm Sun 5 Aug 07

Not this old chestnut again.

Grumps, Hunger Hill says...
12:26am Mon 6 Aug 07

No matter what some people may think Mr Hogan is breaking the law.Weather or not he has some support is immaterial.A law has been passed and Mr Hogan is not only breaking it but is actively encouraging others to do so.
Consequently he should be taken to court,fined and possibly have his license revoked.
To encourage him further is tantamount to risking anachy.

Gloria, Bolton says...
12:30pm Mon 6 Aug 07

berushka - Many people would argue that smoking is against peoples rights i.e. passive smoking!!!!! You can't pick and choose which laws you uphold.

Jay, Stockton says...
2:01pm Mon 6 Aug 07

Nick Hogan is making a legitimate protest against a law based on deceit and which ignores the rights of private property owners. If you take the view that the law should be obeyed by virtue of being the law then you deserve all the oppression you get. Disobeying this law is the only way that those who have an interest in it, yet were not consulted can voice their objection.

gazz_ball - Supera Moras!, bolton says...
4:04pm Mon 6 Aug 07

oh shut up you lot, you can't smoke in public, deal with it.

Jay, Stockton says...
4:08pm Mon 6 Aug 07

Yet another elegant, informative contribution to the debate from a pro banner. Ah well, when you have no justification for your stance there's nothing left but to bully.

gazz_ball - Supera Moras!, bolton says...
4:26pm Mon 6 Aug 07

who's bullying? just shut up and stop smoking, haha. You want some mints?

Bill Gibson, says...
4:28pm Mon 6 Aug 07

Yer more miss-reporting by the media, Nick asked the EHO to leave...big difference, they were not as reported thrown out.

Arnold, Lancs. says...
5:14pm Mon 6 Aug 07

Whether he asked them to leave or not is irrelevant. They have a legal right to be there and remain there as long as they see necessary.

If he had tried to throw them out the police would have been called and he'd be arrested immediately for obstruction.

simonbarnes, Peterborough says...
6:30pm Mon 6 Aug 07

"You serve your country poorly if you do so by suppressing your conscience in favor of the law — your country needs consciences more than it needs conscienceless robots."
- Thoreau

freedom2choose.co.uk

Eddie D, Scotland says...
8:02pm Mon 6 Aug 07


I see King Eric of the Braindead is posting his usual rubbish.Carry on smoking and get right up the noses of the Anti's.

D.Shephard, Nanny Republic says...
9:21pm Mon 6 Aug 07

Jay wrote:
Nick Hogan is making a legitimate protest against a law based on deceit and which ignores the rights of private property owners. If you take the view that the law should be obeyed by virtue of being the law then you deserve all the oppression you get. Disobeying this law is the only way that those who have an interest in it, yet were not consulted can voice their objection.
I agree 100%!!
I do sometimes wonder when antis blurt on about it being the law, how many of them were involved in poll tax demo's because it was an unfair and unjust law. If a law is unjust it needs civil disobedience

Jan Gibbons, Manchester says...
7:47pm Tue 7 Aug 07

I wish Nick Hogan all the luck in the world with his fight for freedom. There are plenty of non-smoking pubs for the antis to frequent, all us smokers want is for a percentage of pubs to be smoker friendly ideally 1 in4 as 1 in 4 adults smoke.Nick should have the right to allow smoking in his own pub!!

CK, Swindon says...
8:03pm Tue 7 Aug 07

Jan Gibbons wrote:
I wish Nick Hogan all the luck in the world with his fight for freedom. There are plenty of non-smoking pubs for the antis to frequent, all us smokers want is for a percentage of pubs to be smoker friendly ideally 1 in4 as 1 in 4 adults smoke.Nick should have the right to allow smoking in his own pub!!
I agree 100%.

Good luck to Nick Hogan.

The Anti Smoking Ban is vindictive and based on a load of lies which, sadly, quite a few very gullible people believe and think they have a God given right to dictate to everyone else.

When the Antis resort to meaningless comments and personal abuse, it shows me that they have indeed lost the argument.

Rich, Bolton says...
8:29pm Tue 7 Aug 07

And good luck to Nick from me. Surely it's right to protest unfair unjust laws based on lies, especially those that impinge on your business. Smoking and non smoking pubs has to be the answer. And the sooner the better before more pubs close and more jobs are lost. There is a gathering of momentum here - Nick may be one of the first but he won't be the last.

Ray Willis, Birmingham says...
12:57am Wed 8 Aug 07

Well done Nick. Never mind the miseries and killjoys because you've got plenty of friends. Stick it to 'em!

Chris, UK says...
7:44am Wed 8 Aug 07

Nick has highlighted many of the problems of this law that is a simplistic, incompetent, non-solution to the task of reducing smoking prevalence.
Education and encouragement not punishment is the answer yet this law disadvantages many smaller landlocked premises creating a far from level playing field, drives smoking into public view rather than the confines of adult venues and removes any respect for the opinions of a quarter of the population and their many non-smoking friends.
The 'healthists' behind the ban fail to appreciate that life is far more complex than their single hatred of tobacco.
There are plenty of studies that show depression & social isolation to be triggers for a wide range of cancers. Far from saving lives anti-smoking hysteria can be directly linked to premature death in many that their ban will affect. Do they care?
If cost to the NHS is a problem should we ban all amateur sport that in the late 1990s was estimated to cost the Country well over a billion pounds a year?

Tony Blows, Herefordshire says...
9:34am Wed 8 Aug 07

Well done Nick you are not alone, you have 16 million smokers behind you. yours and 1800 other pubs are all smoking because they can see through the cloud of smoke the lies being told about SHS from ASH. more and more people are wakeing up to this fact every day. the government wont have a choice the ban will be overturned.

ChrisW1980uk, Chester says...
12:38pm Wed 8 Aug 07

Erics point merely demonstrates how much of a hypocrite he is,

http://www.thebolton
news.co.uk/display.v
ar.1598671.0.0.php

On this paricular discussion he admits to smoking and cultivating cannabis, both against the law.

Tom Thumb, Louisa Street says...
11:10am Thu 9 Aug 07

Chris,

Have you not noticed how this story has been removed from the main NEWS pages I would ask why?

If you trawl through the news pages this story has been removed.

RagReader, Horwich says...
7:13pm Thu 9 Aug 07

Tom Thumb wrote:
Chris, Have you not noticed how this story has been removed from the main NEWS pages I would ask why? If you trawl through the news pages this story has been removed.
Probably because of the boring repetitive comments.
The smoking ban is in place,Mr Hogan is guilty breaking the law, end of story.
Quoting scientific evidence for and against is now pointless.

Barry, Aalborg Denamrk says...
11:44pm Mon 13 Aug 07

Guilty of breaking the law? Innocent until proven guilty.

Committing some form of disobedience? Oh the horrors.

Hmmm, what does all this remind me of, half a mo' while I think on it...ah yes, Rosa Parks - ever learn about her in your school?

Rosa Parks, in 1955 charged with that heinous unheard-of crime of refusing to surrender her bus seat to a white passenger in Montgomery Alabama - lots of pure, decent, law-obeying citizens wanted her lynched because of that. Tsk tsk!

Her case went before the Supreme Court, I think she won, anyway nothing much came out of it - barring a tiny little thing called the Civil Rights Movement (oh mercy, there's that word rights again).


End of story hmmm?

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