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6:04pm Sunday 22nd July 2007
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REBEL landlord Nick Hogan is to be interviewed under caution by Bolton Council after he threw officers out of his pub as they tried to enforce new smoking ban laws.
Mr Hogan, who runs The Swan and Barristers in Bradshawgate, asked inspectors to leave as they tried to give him a warning that he could face a £2,500 fine if he continued to allow people to smoke inside.
He has consistently defied the ban on smoking in public places, which came into force on July 1, despite one of his customers being handed a £50 fine.
Mr Hogan has asked the council to launch a prosecution so that his views can be aired in court.
Last week, Hamish Howitt, who runs the Happy Scots Bar in Blackpool, became the first landlord to be summonsed to court for flouting the ban. He will appear before Blackpool magistrates on August 1.
However, Bolton Council said it will interview Mr Hogan before it starts legal proceedings.
A spokesman said: "On two occasions Mr Hogan has obstructed our officers from doing their job and has asked us to leave his premises.
"His actions contravene the Health Act 2006 and we have invited Mr Hogan for an interview to give him a chance to explain his stance.
"These are preliminary requirements to any potential prosecution action we may take."
Mr Hogan has so far been given one written warning but refused to accept a second, insisting he be taken to court.
He said: "Other minority groups have rights, so why are smokers being refused theirs? I have been asking for my day in court since the ban was introduced. I want to show that this legislation is unworkable and discriminatory.
"As a landlord I won't discriminate against anyone. I'm not asking for anything else other than a compromise."
Cllr Nick Peel, the council's executive member for environmental services, said: "The council has to implement any law that is passed and they have been lenient with Mr Hogan.
"Obviously he is making a point that he disagrees with the law, but he has been aware all this time that he is breaking the law and now the council have no option but to prosecute. All the other landlords are operating within the law."
One smoker, Gerad Hart, has already been issued with a £50 fixed penalty notice for lighting up in Barristers, which he is refusing to pay.
Chris, UK says...
7:00pm Sun 22 Jul 07
G, says...
7:02pm Sun 22 Jul 07
Amosc99, Bolton says...
7:07pm Sun 22 Jul 07
ES wrote:Just think of all the deaths and shortened lives through passive drinking and excessive eat binging!!!!!!
I was in Barristers and the Swan on Friday evening and was surprised at the number of people smoking inside. I asked the barman and he said there was no ban in these pubs and to smoke at my own risk. I don't smoke and was actually enjoying the thought of going home without reeking of cigarette smoke. We moved on, that was our choice. I do appreciate freedom of choice but look at the number of people who die from passive smoking. Was that their choice? Thats why its important to maintain this ban in all public areas. Smoke outside if you like but please not in enclosed spaces.
King Eric, . says...
7:40pm Sun 22 Jul 07
Ali, says...
8:01pm Sun 22 Jul 07
King Eric, . says...
8:03pm Sun 22 Jul 07
bignut, bolton says...
8:05pm Sun 22 Jul 07
Ali, says...
8:06pm Sun 22 Jul 07
ES, Bolton says...
8:16pm Sun 22 Jul 07
Chris wrote:Actually having my father die from lung cancer caused by smoking does give me a point of view on this subject and a right to choose where I go for a night out. I decided to leave there due to the smoking. My choice. People who smoke do not give the others who are breathing in the same air a choice at all. All I said was don't smoke in enclosed places.
It's good to see that someone has the determination to fight against this vindictive law. Mr Hogan invested his money and effort in his private business but many like ES of Bolton thinks it's their right to decide what goes on in there. Bans do not reduce smoking rates and do not encourage a decline in cancer rates. Maybe, just for a change, government could encourage better health through encouragement instead of criminalisation. Unfortunately they listen to the rabid hatred of people like Liam Donaldson who, if he had his way, would tax everything that people enjoy insisting that this was the way to good health -- but what he forgets is that overall well-being and contentment is essential for a long and happy life.
G, says...
8:37pm Sun 22 Jul 07
ES, Bolton says...
9:20pm Sun 22 Jul 07
G wrote:Thanks G - so did my dad when it got to the stage where it would make no difference either way. I don't and didn't judge him for it. Am sorry for your loss, and completely agree on the pollution front.
ES, I fully sympathies with your sad loss. I too have a sad tale to tell in that a young family member of mine died at the age 29, with cancer of the esophagus. It was at this point I started to smoke again! like I said earlier, as a none driver or owner of any vehicle I believe that my conscience is more clearer than those who drive!
G, says...
9:41pm Sun 22 Jul 07
spice, bolton says...
10:29pm Sun 22 Jul 07
andrea, bolton says...
10:33pm Sun 22 Jul 07
Alan, says...
12:13am Mon 23 Jul 07
John Finch, Bolton says...
12:20am Mon 23 Jul 07
John Finch, Bolton says...
12:28am Mon 23 Jul 07
jpl, bangkok says...
1:03am Mon 23 Jul 07
Damian, Bolton says...
3:53am Mon 23 Jul 07
interested resident, says...
8:34am Mon 23 Jul 07
brusselsprout, Europe says...
8:40am Mon 23 Jul 07
RagReader, Horwich says...
8:46am Mon 23 Jul 07
John Finch, Bolton says...
8:47am Mon 23 Jul 07
Vic Mojsejew, Holland says...
8:56am Mon 23 Jul 07
interested resident, says...
9:21am Mon 23 Jul 07
brusselsprout wrote:Totally agree with you.
Rebel landlord?? What a load of cr*p! Hogan is a money grabbing businessman who has realised that if he defies the ban in the swan then the place will be swamped by smokers who would normally drink elsewhere. I agree with with bignut - the place is a sh*thole and, even though I smoke myself, would never drink there just to line his pockets!! Get real people - Hogan isn't fighting for his rights or yours for that matter - he's just making a killing while he can! If he was a rebel he would be chained to the houses of parliament!!
Alan, Bolton says...
9:26am Mon 23 Jul 07
kieanders, bolton says...
9:38am Mon 23 Jul 07
ferg1e, bolton says...
9:40am Mon 23 Jul 07
kieanders, bolton says...
9:47am Mon 23 Jul 07
JoePublic, Bolton says...
9:57am Mon 23 Jul 07
Andy, Horwich says...
10:05am Mon 23 Jul 07
sandra, farnworth says...
10:11am Mon 23 Jul 07
JOSEPH HAYES, WESTHOUGHTON says...
10:55am Mon 23 Jul 07
King Eric, Smoke Free UK says...
11:37am Mon 23 Jul 07
Amosc99, Bolton says...
11:39am Mon 23 Jul 07
Vic Mojsejew wrote:Whereabouts in Holland are they - not seen any in Amsterdam, Almere, Den Haag, Rotterdam or a few other places I have been to!
Enough pubs and clubs are closing down, without the help of this smoking ban. Over here in Holland, certain bars don't allow you to smoke, but what they do have, is a section of the bar,glass enclosed with extractor fans, which smokers can go in for a cigarette, taking with them their drink, without having to go outside. Surely, this is the way to go, if it means the smoker can still go to his local, without another one closing its doors for the last time.
cow-head, westhoughton says...
11:59am Mon 23 Jul 07
roy meanley, says...
12:17pm Mon 23 Jul 07
sandra wrote:if you dont like smokey pubs go to the pubs that dont have smoking its your choice to go in the swan . your where beinng nosey wernt you ????
when are they going to stop council workers from smoking in council vans there braking the law too get your own house in order first
roy meanley, says...
12:21pm Mon 23 Jul 07
interested resident wrote:will they take they government to court as they can smoke in the house of commons halls and cafe . one law for us and one for them take them to court i say . o and while im moaning give the asylem seekers some more money as 3,000 grand is not enough for them ????
Take him to court - he can easily pay the fines out the extra income that he is getting from all the free publicity. Like it or not we are a democracy, elect governments and by default agree to be bound by the laws - whether we agree personally with them or not!
roy meanley, daubhill says...
12:27pm Mon 23 Jul 07
Tommy, says...
12:42pm Mon 23 Jul 07
King Eric, . says...
12:50pm Mon 23 Jul 07
Dear King "Pond Life" Eric, You are confusing yourself by trying to use too many big words. How can the articulate majority be silent if they are posting on this site?
gazz_ball - Supera Moras!, bolton says...
12:51pm Mon 23 Jul 07
King Eric, Nine Prem Titles says...
12:53pm Mon 23 Jul 07
All you smokers need to stop spitting your dummies out.
cow-head, westhoughton says...
1:00pm Mon 23 Jul 07
King Eric, . says...
1:09pm Mon 23 Jul 07
Tommy, says...
1:30pm Mon 23 Jul 07
King Eric wrote:Hahaha I agree. Sulk Hogan!
All you smokers need to stop spitting your dummies out.
Excellent.
From now on, it's Sulk Hogan .
cow-head, westhoughton says...
1:31pm Mon 23 Jul 07
gazz_ball - Supera Moras!, bolton says...
1:45pm Mon 23 Jul 07
interested resident, says...
1:52pm Mon 23 Jul 07
roy meanley wrote:Too true, you are absolutely right - one law for them and one for us - "some are more equal than others" - so much for my high ideals about democracy!
interested resident wrote: Take him to court - he can easily pay the fines out the extra income that he is getting from all the free publicity. Like it or not we are a democracy, elect governments and by default agree to be bound by the laws - whether we agree personally with them or not!will they take they government to court as they can smoke in the house of commons halls and cafe . one law for us and one for them take them to court i say . o and while im moaning give the asylem seekers some more money as 3,000 grand is not enough for them ????
cow-head, westhoughton says...
1:54pm Mon 23 Jul 07
T, York says...
1:55pm Mon 23 Jul 07
King Eric wrote:You won't mind if people smoke in there then.
Zzzzz the ban is in. The Swan numpty goes to Court, gets fined, some other numpties pay the fine, he 'reluctantly' complies with the law.
Interesting that it's no smoking in his other pubs, so he's not the great rebel in reality.
6 months down the line all forgotten, and we all ahve healthier places to have a drink in.
I and many others on principle will never put any money behind the bar of a Hogan pub.
King Eric, Smoke free Zone says...
2:06pm Mon 23 Jul 07
King Eric, Boomtown says...
2:14pm Mon 23 Jul 07
I have plenty of hair and I enjoy my life very much.
gazz_ball - Supera Moras!, bolton says...
2:26pm Mon 23 Jul 07
cow-head, westhoughton says...
2:36pm Mon 23 Jul 07
gazz_ball - Supera Moras!, bolton says...
2:39pm Mon 23 Jul 07
gazz_ball - Supera Moras!, bolton says...
2:41pm Mon 23 Jul 07
Hornblower, Bolton says...
2:46pm Mon 23 Jul 07
cow-head wrote:I'm not very keen on Eric but you are these most despicable crock of s***e on the planet. ( titles and more to come.
No I don't have a problem and I am around 6ft tall. I just don't like Munich ba*tards such as King Eric, which I don't regard as a problem, just a minor irritation.
King Eric, . says...
2:49pm Mon 23 Jul 07
I just don't like Munich ba*tards
pat, herts says...
2:56pm Mon 23 Jul 07
gazz_ball - Supera Moras!, bolton says...
3:03pm Mon 23 Jul 07
gazz_ball - Supera Moras!, bolton says...
3:06pm Mon 23 Jul 07
pat wrote:That an official figure is it?
Good on you Mr Hogan remember you have 14 million people behind you. I only wished more pub and club landlords would follow you in opposing this very unfair smoking ban.We should be allowed to have our say. We pay enough in tax on every packet we buy to deserve better treatment from a Government that takes our money.
brusselsprout, Europe says...
3:17pm Mon 23 Jul 07
gazz_ball - Supera Moras! wrote:Exactly, how sad is it to have to continually refer back to:
Is there any need for the Munich reference really?
gazz_ball - Supera Moras!, bolton says...
3:28pm Mon 23 Jul 07
Gloria, Bolton says...
4:33pm Mon 23 Jul 07
jpl, bangkok says...
5:18pm Mon 23 Jul 07
RagReader, Horwich says...
7:08pm Mon 23 Jul 07
not-in-my-name, UK says...
7:13pm Mon 23 Jul 07
gazz_ball - Supera Moras!, bolton says...
8:12pm Mon 23 Jul 07
not-in-my-name wrote:You idiot, it's a public house, go back to school
The Swan is private I repeat PRIVATE property, whether smoking takes place on the premises should be the owners choice, not the non smoker, not the smoker and definitely not this government. No one is forced over the threshold of a pub no one is forced to work there, those that dislike the smoke can choose to go elsewhere, they have a choice. I dont understand why some people are getting so uptight about Mr hogan standing up for his rights to do what he wants on his property. enough said
tosh, says...
8:36pm Mon 23 Jul 07
King Eric wrote:As much Eric P***es me off at times I find myself agreeing with him in this instance. To bring up the Munich air disaster is an appauling thing to do. Those young men that died that day were a sad loss to our nation and to sport. I don't always agree with you Eric but you are right. There is no place for anyone that makes light of such a dreadful tragedy.
I just don't like Munich ba*tardsAah the real anger and hatred comes out. The guy who calls me 'Pond Life' uses an aircrash where young England footballers died as a term of abuse. Thanks for showing your true colours. Let's hope a Bolton great whose relation (Duncan Edwards) died at Munich is not reading this. (Mr Ball, who I've had some jousts with has also registered his disgust.....he's a real football fan, and a proper man)
kerry, says...
9:06pm Mon 23 Jul 07
not-in-my-name wrote:i agree
The Swan is private I repeat PRIVATE property, whether smoking takes place on the premises should be the owners choice, not the non smoker, not the smoker and definitely not this government. No one is forced over the threshold of a pub no one is forced to work there, those that dislike the smoke can choose to go elsewhere, they have a choice. I dont understand why some people are getting so uptight about Mr hogan standing up for his rights to do what he wants on his property. enough said
steve, bolton says...
9:29pm Mon 23 Jul 07
Andy, Horwich says...
9:49pm Mon 23 Jul 07
cow-head wrote:Lol, I think you'll find smack dealing chavs from westhoughton rate lower on the evolutionary scale than aquatic invertabrates.
Pond Life is the lowest form of life and is particularly appropriate for "King Eric" and his hero worship for that ignorant jailbird French thug. I have plenty of hair and I enjoy my life very much. What is your problem?
Upsy Daisy, says...
10:06pm Mon 23 Jul 07
gazz_ball - Supera Moras! wrote:I might have this completely wrong but do you suppose he meant to put "munchkin???"
Is there any need for the Munich reference really?
pat, herts says...
10:24pm Mon 23 Jul 07
gazz_ball - Supera Moras! wrote:No its not the official figure its probably more then what I quoted!
pat wrote: Good on you Mr Hogan remember you have 14 million people behind you. I only wished more pub and club landlords would follow you in opposing this very unfair smoking ban.We should be allowed to have our say. We pay enough in tax on every packet we buy to deserve better treatment from a Government that takes our money.That an official figure is it?
pat, herts says...
10:33pm Mon 23 Jul 07
pat, herts says...
10:39pm Mon 23 Jul 07
gazz_ball - Supera Moras! wrote:If smokers generate 9.6 billion pounds on cigarette sales there must be quite a few smokers wouldnt you say.? The official figure is probably higher then 14 million.!
pat wrote: Good on you Mr Hogan remember you have 14 million people behind you. I only wished more pub and club landlords would follow you in opposing this very unfair smoking ban.We should be allowed to have our say. We pay enough in tax on every packet we buy to deserve better treatment from a Government that takes our money.That an official figure is it?
RagReader, Horwich says...
11:33pm Mon 23 Jul 07
Upsy Daisy wrote:Upsy Daisy, Are you kidding?
gazz_ball - Supera Moras! wrote: Is there any need for the Munich reference really?I might have this completely wrong but do you suppose he meant to put "munchkin???"
mark dongsdale, leeds says...
12:20am Tue 24 Jul 07
Eddie D, Scotland says...
12:34am Tue 24 Jul 07
mark dongsdale, leeds says...
12:41am Tue 24 Jul 07
Damian wrote:hmm, i think they would say that the non smoker chose to stand next to the smoker and that mr hogan did not make him stand and inhale others smoke so they would find in favour of mr hogan. Its like me standing on the m1 and blaming the guy that ran me over, its called choice.Mr hogan is asking for fairness and thats all, imagine this, a pub which is divided into two, 1 half has smokers and the other half has non smokers (fully sepperated and ventilated in the smoking section) what you would be left with is happy smokers and happy non smokers. Or why not go even further (THIS MIGHT SOUND MAD) but how about having lots of smoking pubs and lots of non smoking pubs and what you will be left with is once again happy smokers and happy non smokers (that is if the non smokers didnt make a choice to go into smoking bars just so they could complain). would a smokers only bar/restaurant/club etc affect the health of non smokers? i cant see how it would so i dont want to see any more thickos saying that it is not fair on them as non smokers to let others smoke around them, Just go to a non smoking establishment (there were plenty before the ban) its his pub so if wanted to hae it as a smokers bar then let him, I used to go to an indian restaurant which allowed smoking (before the ban) and i used to hear non smokers complaining when just down the road there was a non smoking indian restaurant and you would'nt get me going in there complaining that i could,nt smoke.
Mr hogan is niave to think that there's nothing wrong with letting people smoke in his pub along with non-smokers. Imagine this senario If someone were too contract a smoking related illness then (AN I KNOW THIS SOUNDS MAD) but they could raise a claim for damages that they got a smoking related illness because he allowed smokers to smoke alongside non-smokers. I wonder how he would feel then being sued for damages. If someone who took a dislike to his rebelling, decided to take him to court. Just wondering thats all...
Grumps, Hunger Hill says...
12:46am Tue 24 Jul 07
not-in-my-name wrote:The Swan is NOT private property - it is a PUBLIC bar and as such the law applies.Mr Hogan is getting loads of free publicity and that's why he's doing it.Does he realise that he can lose his license due to not being compliant with the law?.No doubt he does but knows that the local Magistrates Court will probably not do their duty and take his license away.
The Swan is private I repeat PRIVATE property, whether smoking takes place on the premises should be the owners choice, not the non smoker, not the smoker and definitely not this government. No one is forced over the threshold of a pub no one is forced to work there, those that dislike the smoke can choose to go elsewhere, they have a choice. I dont understand why some people are getting so uptight about Mr hogan standing up for his rights to do what he wants on his property. enough said
Grumps, Hunger Hill says...
12:49am Tue 24 Jul 07
Eddie D wrote:What a stupid person Eddie D must be to come out with such childish comments.Thank goodness he lives in Scotland as we can do without his kind in Bolton.
The Smoking Ban Law is S**t, Bolton Council are S***s, the Anti-Smoking Brigade are Nazi's.Well done Nick,keep fighting these B******s.
Alan, says...
1:21am Tue 24 Jul 07
Grumps wrote:Yes I don't doubt for one second they will take away his Licence. But it doesn't stop somebody else having the Licence on his behalf sadly.
not-in-my-name wrote: The Swan is private I repeat PRIVATE property, whether smoking takes place on the premises should be the owners choice, not the non smoker, not the smoker and definitely not this government. No one is forced over the threshold of a pub no one is forced to work there, those that dislike the smoke can choose to go elsewhere, they have a choice. I dont understand why some people are getting so uptight about Mr hogan standing up for his rights to do what he wants on his property. enough saidThe Swan is NOT private property - it is a PUBLIC bar and as such the law applies.Mr Hogan is getting loads of free publicity and that's why he's doing it.Does he realise that he can lose his license due to not being compliant with the law?.No doubt he does but knows that the local Magistrates Court will probably not do their duty and take his license away.
BoltonBornNBred, Bolton says...
4:19am Tue 24 Jul 07
BoltonBornNBred, Bolton says...
4:21am Tue 24 Jul 07
JoePublic, Bolton says...
9:58am Tue 24 Jul 07
mark dongsdale, leeds says...
10:34am Tue 24 Jul 07
JoePublic wrote:Hehe, Do you really believe that? do you think that people will smoke less due to the smoking ban or do you think they will either go outside and smoke or they will not go out as much so stay at home and smoke. Of course this will not cut down on the amount of cigs consumed each year, as for the nhs its biggest burden is from over weight people who "choose to damage there bodies by eating too much bad food" just like smokers who "choose to damage there bodies by smoking" and just like people who take other risks for pleasure such as riding super fast bikes and jumping out of planes etc. The key word is choice and thats whats missing, if you think that it will save the nhs bill then your a very misled individual, the government know that the smoking ban will not stop people smoking the cigs that the government provides.each night the hospitals are full of drunken idiots costing the nhs money so why knock drinking on the head too? duh.
I think the idea of a smoking ban was to cut down on people smoking which, in the long run, improves their health and leaves them needing less dependency on the NHS. In that case, having 'smoking' pubs and 'non-smoking' pubs is nonsense.
simonbarnes, Peterborough says...
12:24pm Tue 24 Jul 07
gazz_ball - Supera Moras!, bolton says...
12:53pm Tue 24 Jul 07
simonbarnes, Peterborough says...
12:57pm Tue 24 Jul 07
gazz_ball:
It is unpleasant to be in a place where people smoke but we cannot do anything about it.
brusselsprout, Europe says...
1:51pm Tue 24 Jul 07
simonbarnes, Peterborough says...
4:42pm Tue 24 Jul 07
brusselsprout:
...if he thought he could make money by defying any council ban he would do it. It is not about being a martyr, it's not about being the peoples champion and its not about being a rebel...its about being a greedy b****d!
mark dongsdale, leeds says...
10:22pm Tue 24 Jul 07
brusselsprout wrote:I dont know if you actually have any business skills but lets pretend you did and you were mr hogan trying to make a few extra bucks as you say he is. This is how you go about making money, you way up pros and cons so here are the pros and cons for mr hogans so called cashing in scheme as you accuse him of:
Nick Hogan a hero?
He's a zero!!!!
...if he thought he could make money by defying any council ban he would do it. It is not about being a martyr, it's not about being the peoples champion and its not about being a rebel...its about being a greedy b****d!
If he spent more effort on running a half decent bar he wouldn't have to defy any ban.
And just for your info. I am a smoker who doesn't agree with the ban. I also don't agree with people like Hogan flouting the law for personal gain!
Upsy Daisy, says...
10:42pm Tue 24 Jul 07
RagReader wrote:I was kidding actually...erm..and it wasn't really that funny, but it made me laugh (for reasons I can't go into)
Upsy Daisy wrote:Upsy Daisy, Are you kidding? Why do you think the idiot's (Idiot is not the word I wanted to use but I'm not sinking to his level) stopped posting comments on here?gazz_ball - Supera Moras! wrote: Is there any need for the Munich reference really?I might have this completely wrong but do you suppose he meant to put "munchkin???"
dave, bolton says...
1:52am Wed 25 Jul 07
mark dongsdale, leeds says...
11:09am Wed 25 Jul 07
dave wrote:Getting coverage for breaking the law does not put your establishment up in value,if anything it will make it less desirable, think about it if you were to buy a pub would you want that one? its well know now for having smokers in it and you will have to try and stop them smoking and also no non smokers will want to go there after all this publicity about it being a smokers pub so once you kick the smokers out (which you will have to do if you buy it) you wont be left with any punters.So if mr hogan put it up for sale it would not be worth anything extra because of the bad publicity.
Of course the other possibility is that he's deliberately flouting the ban for publicity, and then plans to sell off the pub as soon as possible - after gaining nationwide press and tv coverage for breaking the law.
mahler, says...
2:44am Thu 26 Jul 07
mahler, says...
2:44am Thu 26 Jul 07
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ES, Bolton says...
6:45pm Sun 22 Jul 07