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Council clamp down on rebel landlord

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.

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Your Say Yourtheboltonnews

ES, Bolton says...
6:45pm Sun 22 Jul 07

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.

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Chris, UK says...
7:00pm Sun 22 Jul 07

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.

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G, says...
7:02pm Sun 22 Jul 07

My argument is that for 45 years I have not had a choice of what s**t I breath in when not smoking whilst walking along my own local streets. All of those of you none smoking car owners, I argue that your polution has contributed more than amything to my impending ill-health than that any cigarettes!!

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Amosc99, Bolton says...
7:07pm Sun 22 Jul 07

ES wrote:
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.
Just think of all the deaths and shortened lives through passive drinking and excessive eat binging!!!!!!

Alcohol is more of a poison than the various drigs in cigaretts but nothing is done about that.

Smoking may soon be outlawed hence the reason for new taxation such as cingestion charging - how else is the government going to recoup the money lost from the withdrawal of smoking!!!!!!

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King Eric, . says...
7:40pm Sun 22 Jul 07

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.

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Ali, says...
8:01pm Sun 22 Jul 07

I love the smoking ban.That's all I have to say on the matter.

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King Eric, . says...
8:03pm Sun 22 Jul 07

We agree on so many things, baby.
It's fate.

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bignut, bolton says...
8:05pm Sun 22 Jul 07

Why o why are the smoke detectives **** footing around with this nonce,get him shut down,his pub is a s--thole anyway!!!!

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Ali, says...
8:06pm Sun 22 Jul 07

I don't know what it is about you Eric, but you make me laugh every time!!

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ES, Bolton says...
8:16pm Sun 22 Jul 07

Chris wrote:
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.
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.

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G, says...
8:37pm Sun 22 Jul 07

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!

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ES, Bolton says...
9:20pm Sun 22 Jul 07

G wrote:
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!
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.

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G, says...
9:41pm Sun 22 Jul 07

Cheers ES.

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spice, bolton says...
10:29pm Sun 22 Jul 07

this no smoking thread is getting to be a real drag.

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andrea, bolton says...
10:33pm Sun 22 Jul 07

one of the biggest kllers of cancer is bowel. so how does this prove smoking is a direct link to smoking! yes i am a smoker and it is not about ignorning the law it is to prove a point the goverment treats heroin addicts better they dont get sent outside and it is proven smoking is more addictive

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Alan, says...
12:13am Mon 23 Jul 07

I have never found the Swan to be a smokey pub in the past, but I went in there Saturday night and it was full of Smokers I stood in the courtyard for a short time and the Smoke was knocking me sick.
I was with a gang of 6 lads all non Smokers and they boycotted the pub because of the Smoking in there but I had to go in alone to check for loose Woman.
It wasn't bad before but it sure is now.

So what other Pub or Pubs does he have then ?

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John Finch, Bolton says...
12:20am Mon 23 Jul 07

Good on Nick Hogan, at least someone is standing up to the government,,I am a none smoker, but i understand what is going on here,,fight for you rights.

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John Finch, Bolton says...
12:28am Mon 23 Jul 07

People don't get whats going on here, this government are just testing us to see how much we will stand for, if we all fall for this ban, they then know just how far they can push us,so we must stand up for our rights,split pubs into two halfs,smoking and none smoking rooms.

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jpl, bangkok says...
1:03am Mon 23 Jul 07

just have a smoke outside if you are so desperate! i think it's laughable the government should be criticised, if you want a conspiracy, how about if they did the opposite and encouraged everyone to smoke so people die early hence they wouldn't be a burden on the country? the government are doing this because dying from lung cancer is a gruesome death and they at last are showing compassion and following the rest of the world on this matter. why don't you just be strong and see if you can pack the filthy habit and be a winner in this new legislation? As for Mr Hogan, quietly I respect the rebellion streak in him, I just wished it was on something different to this i.e. global warming or famine etc.

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Damian, Bolton says...
3:53am Mon 23 Jul 07

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...

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interested resident, says...
8:34am Mon 23 Jul 07

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!

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brusselsprout, Europe says...
8:40am Mon 23 Jul 07

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!!

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RagReader, Horwich says...
8:46am Mon 23 Jul 07

Mentioned a couple of times, what other pubs does he own?
I'd like to avoid them.

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John Finch, Bolton says...
8:47am Mon 23 Jul 07

Mr Hogan is fighting for what he beleives in, and i agree with the man and so do thousands of others.

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Vic Mojsejew, Holland says...
8:56am Mon 23 Jul 07

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.

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interested resident, says...
9:21am Mon 23 Jul 07

brusselsprout wrote:
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!!
Totally agree with you.

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Alan, Bolton says...
9:26am Mon 23 Jul 07

Well done to Nick Hogan, and Gerard Hart. They have my full support. I can't believe some posters on this site are still wittering about passive smoking. They should look up the facts, and stop spouting Govt. lies.

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kieanders, bolton says...
9:38am Mon 23 Jul 07

"As a landlord I won't discriminate against anyone. I'm not asking for anything else other than a compromise."

yeah, he won't discriminate against anyone, except none smokers, council workers and law makers!

Arse.



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ferg1e, bolton says...
9:40am Mon 23 Jul 07

I was sat with Nick Hogan when the "officers" arrived. They were NOT thrown out of the pub, they were asked to come back with the RIGHT paperwork not something that these "officers" downloaded from the internet.
Also as a NON-SMOKER I congratulate Nick Hogan for making a stand for the freedom of choice!
Good on you fella

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kieanders, bolton says...
9:47am Mon 23 Jul 07

i don't know the facts on passive smoking, but i'd rather avoid it, just in case. same as i wouldn't step in front of a bus, because it MIGHT hit me, or even if i don't know whether or not a lion will eat me, i'll avoid the situation if i can. maybe you don't die from passive smoking, but you sure as hell stink, your breathing suffers and and cough up green gungey stuff!

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JoePublic, Bolton says...
9:57am Mon 23 Jul 07

The smoking ban is here and it isn't going away, no matter which political party is in govt.

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Andy, Horwich says...
10:05am Mon 23 Jul 07

All this "smokers fight for your rights" stuff is drivel. I think this poem sums it up best - "Cigarette smoke is the residue of your pleasure. It contaminates the air, pollutes my hair and clothes, not to mention my lungs. This takes place without my consent. I have a pleasure, also. I like a beer now and then. The residue of my pleasure is urine. Would you be annoyed if I stood on a chair and **** on your head and your clothes without your consent?"

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sandra, farnworth says...
10:11am Mon 23 Jul 07

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

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JOSEPH HAYES, WESTHOUGHTON says...
10:55am Mon 23 Jul 07

What a nice forum this is, Nick Hogan is getting more free publicity for his smoking dens than he ever envisaged. There is another law enforcement agency he seems to have forgotten about, THE POLICE. The police force have the right to oppose his license when he seeks to renew it, PUT THAT ONE IN YOUR PIPE AND SMOKE IT.!!!!!.
Mohammed Yusef

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King Eric, Smoke Free UK says...
11:37am Mon 23 Jul 07

Good to see the articulate 'silent majority' posting about this hypocritical self-publicist.
More importantly people are voting with their wallets by not going in.
He's left to a ragbag trade of alecans and roll up merchants.

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Amosc99, Bolton says...
11:39am Mon 23 Jul 07

Vic Mojsejew wrote:
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.
Whereabouts in Holland are they - not seen any in Amsterdam, Almere, Den Haag, Rotterdam or a few other places I have been to!

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cow-head, westhoughton says...
11:59am 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? Please put your ridiculously small brain in gear before you comment and refrain from making yourself look an even bigger idiot than you already are.

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roy meanley, says...
12:17pm Mon 23 Jul 07

sandra wrote:
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
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 ????

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roy meanley, says...
12:21pm Mon 23 Jul 07

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 ????

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roy meanley, daubhill says...
12:27pm Mon 23 Jul 07

you all wanted this smoking ban now youve got your wish .now you will have to pay the price tax will go up on beer petrol food and anything else the gov can get away with . i bet you none smokers are realy proud of yourselfves now . BUT ITS STILL OK TO SMOKE IN PARLIMENT AS THEY ARE BEYOND THE LAW ALONG WITH SINBADS CAFE ON DAUBHILL ?????

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Tommy, says...
12:42pm Mon 23 Jul 07

Nick Hogans a prat. Enough said.

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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?


Quite clearly you never read anything of any substance do you ? Otherwise you would recognise the usage of certain phrases. I referred to the 'silent majority' now articulating their thoughts about Mr Hogan.
Your obsession with me is very flattering though.
Thanks.

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gazz_ball - Supera Moras!, bolton says...
12:51pm Mon 23 Jul 07

All you smokers need to stop spitting your dummies out. The ban is here, stop crying about it you sad nicotine inducing chineys. Best thing this government ever did.....get over it!

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King Eric, Nine Prem Titles says...
12:53pm Mon 23 Jul 07

All you smokers need to stop spitting your dummies out.

Excellent.
From now on, it's Sulk Hogan .

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cow-head, westhoughton says...
1:00pm Mon 23 Jul 07

Dear King "Pond Life" Eric, I just enjoy insulting you.You really are the most nauseating t*sspot that I have ever come across.

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King Eric, . says...
1:09pm Mon 23 Jul 07

Well at least I've made an impression on your dull surburban life.
BTW to call someone 'Pond Life' in every post isn't really an insult. It's merely an articulation of your limited vocabulary.

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Tommy, says...
1:30pm Mon 23 Jul 07

King Eric wrote:
All you smokers need to stop spitting your dummies out.

Excellent.
From now on, it's Sulk Hogan .
Hahaha I agree. Sulk Hogan!

hahahahahahahaha.

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cow-head, westhoughton says...
1:31pm Mon 23 Jul 07

Dear King "Pond Life" Eric, The words "Pond Life" are merely there as a permanent
insult for the benifit of newcomers to the site that have not had the prior misfortune of reading the egotistical, self-righteous drivel that you post in each of your misguided messages. The real insults come later !!!. Do they not have a forum on the Manchester Evening News where you would perhaps feel more at home?

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gazz_ball - Supera Moras!, bolton says...
1:45pm Mon 23 Jul 07

Pond life has to be the worst attempt at an insult i have ever heard. Any water feature normally increases land value and ponds are normally full of very interesting and `pretty` things. Eric's so called drivel is certainly entertaining and most of the time makes sense. Cow-head, i don't understand how you can have so much hatred for someone you have never even met. I think you perhaps need to lighten up a bit and look to the witty sode of life, loosen that top upper lip my friend, if you have hair, let it down man

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interested resident, says...
1:52pm Mon 23 Jul 07

roy meanley wrote:
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 ????
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!

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cow-head, westhoughton says...
1:54pm Mon 23 Jul 07

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?

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T, York says...
1:55pm Mon 23 Jul 07

King Eric wrote:
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.
You won't mind if people smoke in there then.

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King Eric, Smoke free Zone says...
2:06pm Mon 23 Jul 07

Fact.They will not be smoking.

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King Eric, Boomtown says...
2:14pm Mon 23 Jul 07

I have plenty of hair and I enjoy my life very much.


Post of the day.
:-))))))

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gazz_ball - Supera Moras!, bolton says...
2:26pm Mon 23 Jul 07

I don't have a problem, i think it is you that has one.
Are you short???

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cow-head, westhoughton says...
2:36pm Mon 23 Jul 07

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.

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gazz_ball - Supera Moras!, bolton says...
2:39pm Mon 23 Jul 07

Is there any need for the Munich reference really?

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gazz_ball - Supera Moras!, bolton says...
2:41pm Mon 23 Jul 07

You seem a little bitter to me. If Mancunians irritate you that much then you are in the wrong town my friend as they are only nextdoor to us

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Hornblower, Bolton says...
2:46pm Mon 23 Jul 07

cow-head wrote:
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.
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.

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King Eric, . says...
2:49pm Mon 23 Jul 07

I just don't like Munich ba*tards


Aah 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)

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pat, herts says...
2:56pm Mon 23 Jul 07

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.

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gazz_ball - Supera Moras!, bolton says...
3:03pm Mon 23 Jul 07

Mr Eric, through all your faults (hehe) you are amusing and talk sense, i for one find you entertaining and will banter with you anytime

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gazz_ball - Supera Moras!, bolton says...
3:06pm Mon 23 Jul 07

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?

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brusselsprout, Europe says...
3:17pm Mon 23 Jul 07

gazz_ball - Supera Moras! wrote:
Is there any need for the Munich reference really?
Exactly, how sad is it to have to continually refer back to:
1) An incident that occurred almost 50 years ago.
2) One in which many talented young people died.
I am a born and bred BWFC fan but feel ashamed when the ignorant moron section of our 'support' feel the need to call supporters of a neighbouring team by refering to a tragic accident.
I don't always agree with Eric but if people need to refer to 'Munich' then you've lost the argument already so give it up and get back to Cbeebies.

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gazz_ball - Supera Moras!, bolton says...
3:28pm Mon 23 Jul 07

I think cow-head is a suitable name he has there, he has obviously got the brain power of one

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Gloria, Bolton says...
4:33pm Mon 23 Jul 07

I think that Cow-Head has proven himself (or herself) to be the "pond-life" by reducing their argument to using the deaths of others. Regardless of whether someone is your enemy, death is not a matter to be used in this way.
One of the most rewarding sights in football is where fans support one another even when they are usual enemies and Cow Head has shown their ignorance by this behavior.

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jpl, bangkok says...
5:18pm Mon 23 Jul 07

agree..cow head you're getting a tad boring with the old "pond life" reference. change your material and change your name for god sake, you sound like a baffoon.

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RagReader, Horwich says...
7:08pm Mon 23 Jul 07

Still no mention of Nick Hogan's other pubs, where are they?

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not-in-my-name, UK says...
7:13pm Mon 23 Jul 07

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