Smoking Ban Violates Human Rights

Published on April 15, 2009 3:03 AM

Many smokers, especially bar owners, can’t accept the smoking ban in bars. For example a Lancashire bar owner who refused to ban smoking in his premises and run up fines of nearly £2,000 cannot seek a judicial review over the ban.

Hamish Howitt, the bar owner allowed smoking cigarettes in the bar after the England-wide smoking ban in 2007. Mr. Howitt reported that the smoking ban in bars is a discrimination against the smokers, and is a human rights violation as it shows no respect for private life.

At London's High Court he even asked for permission to look for a judicial review on the grounds that the ban violated his human rights. But he was refused because he did not have an arguable case.

Mr. Howitt, 57 years old, attempted to defiance his conviction at Lancaster and Preston magistrates' court in March last year for allowing smoking in the bar.

Lord Justice Richards and Mr. Justice Tugendhat, sitting at London's High Court, said he did not have an arguable case and refused permission.

Mr. Howitt said that the smoking ban could bankrupt him. He said: A lot of smokers won't come in if they can't drink and smoke at the same time. When you try to separate tobacco and alcohol that have been together since the beginning, it doesn't work.

When Mr. Howitt asked if he could continue his legal battle before the European Court of Human Rights, Lord Justice Richards said that he can go where he wants but he wouldn’t change nothing.

The ban, which was introduced in England on 1 July 2007, prohibits smokers from lighting up in enclosed public places. Most of clients also are not agree with the new legislation: They keep taking more and more of our rights away.