Mr Christopher Gavin Whateley pleaded guilty at Huntingdon Magistrates Court to an offence under Section 8 of The Health Act 2006, in that he failed to prevent smoking at his premises, Whateley’s Newsagents at 82 Ramsey Road, St Ives in a case brought by Huntingdonshire District Council.
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The offence occurred on 26 March 2013 when Mrs Belinda Betham, Environmental Health Protection Officer at the council, visited Whateley’s Newsagents to investigate a complaint from a member of the public that smoking was taking place within the premises. Mrs Betham found evidence of cigarette ends on the floor, a full ash tray, cigarette ash on the floor and surfaces, and burn marks were evident on worktop surfaces. Mr Whateley had previously received written warnings from the council when smoking had been witnessed on the premises on three occasions during routine inspections in 2008, 2009 and 2010.
In mitigation Mr Whateley, who was unrepresented, stated that he had been in business for 45 years and had tried to stop smoking in the past. Magistrates imposed a two year conditional discharge stating that they took into consideration that the three previous warnings had been disregarded, and that allowing smoking to take place in an enclosed place posed a risk to public health. Mr Whateley was ordered to pay the council’s costs of £517.87 and a victim surcharge of £15.
Councillor Robin Howe, Executive Councillor for Healthy and Active Communities, said: “The council is committed to protecting the health of the local community, and persistent and flagrant breaches of public health legislation must be dealt with. Members of the public are entitled to enjoy a smoke-free environment.”
