Limavady pub failed to comply with smoking regulations
A Limavady Borough pub has been issued a fixed penalty for failing to comply with smoking legislation.
In September 2007, environmental health officers became aware of a smoking shelter provided by the public house considered to be non-compliant under the Smoke-free regulations. The structure at the pub, which Council declined to name or pinpoint its location, was deemed to be substantially enclosed.
Over the three months following the visit in September, officers advised the person in charge of the premises, both verbally and in writing, to make the shelter compliant. Officers also explained the minor alteration that would be required to make the shelter compliant. The alteration required would have minimal cost implication.
Legal obligations
In January 2008, a letter was forwarded to the person in charge advising that the shelter still remained non-compliant and therefore was not to be used any further by persons smoking.
'No Smoking' signs were also provided and the person in charge informed that he had a legal obligation to display the signs and prevent any persons from smoking in the shelter.
One month later, officers noted the shelter remained non-compliant and 'No Smoking' signs were still not displayed. Officers subsequently advised the person in charge in writing of his legal duty to display the signs and further signs were provided.
The person in charge was also advised that failure to display these signs by March 3 would result in the issue of a Fixed Penalty Notice under the above Order.
'No smoking' signs
A compliance monitoring visit was made by officers on March 5 when it was observed that the shelter remained non-compliant and the required 'No Smoking' signs were still not displayed.
In line with the Council's Enforcement Policy for the Smoking (NI) Order 2006 a Fixed Penalty Notice was served on the person in charge of the premises for the offence of failing to display the required 'No Smoking' signs.The amount payable for the Fixed Penalty is 200 or 150 if paid within 15 days.
On March 6 the person in charge of the premises contacted the Department by telephone to acknowledge receipt of the Notice and to inform that the signs are now displayed at the shelter.
At a Limavady Council meeting on Tuesday evening, the money had not been paid, and if it is not paid within the stipulated period, the matter will be referred back to Council with the view to instigate legal proceedings, said a council spokesperson.
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Thursday 24 May 2012
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