A bar owner who failed to stop smokers lighting up inside his premises has been ordered to pay £600 in court fines and costs.
Colin Cosimini admitted to magistrates that he had failed to stop people smoking in The Western Bar, Parsonage Street, Dursley on two occasions, September 7th and 14th, 2024.
When Mr Cosimini appeared before Gloucestershire Magistrates’ Court he stated the cigarettes were herbal cigarettes and believed they did not contain nicotine. SDC’s solicitor submitted that even if the cigarettes did not contain nicotine, an offence of smoking under the legislation had been committed, and Mr Cosimini accepted that.
Following two guilty pleas, magistrates fined Mr Cosimini £100 for the offence on September 7th and £150 for the September 14th offence. He was ordered to pay a £100 Victim Surcharge and £250 towards prosecution costs.
Magistrates warned Mr Cosimini that if anyone smokes anything in his pub, he must tell them to go outside. If he is before the court for the same offences, he will be treated more harshly.
After the hearing in Cheltenham on Monday, February 3rd, SDC Head of Environmental Health Sarah Clark said herbal cigarettes are harmful to health.
“These products contain substances including tar and carbon monoxide which cause the same health problems as tobacco cigarettes,” she said. “They are not a suitable alternative.”
Councillor Chloe Turner, Chair of SDC’s Community Services and Licensing Committee added: “It has been illegal to smoke in enclosed workplaces for almost 18 years and the law is there to protect everyone. Thankfully cases like this are very rare. However, our officers will take action where there is evidence that the law has been broken, and I hope this case sends a message that this is not tolerated.”
For advice on stopping smoking, visit www.nhs.uk/live-well/quit-smoking/nhs-stop-smoking-services-help-you-quit/ or www.ash.org.uk/resources/view/stopping-smoking
Mr Cosmini admitted two charges. They were:
1. On 7th September 2024 at Dursley being a person who controlled or was concerned in the management of smoke-free premises, namely The Western Bar, Parsonage Street, Dursley, failed to cause persons smoking there to stop smoking. Contrary to section 8(1), (4) and (7) of the Health Act 2006
2. On 14th September 2024 at Dursley being a person who controlled or was concerned in the management of smoke-free premises, namely The Western Bar Parsonage Street, Dursley, failed to cause persons smoking there to stop smoking. Contrary to section 8(1) (4) and (7) of the Health Act 2006