A city centre restaurant that allowed customers to smoke in an enclosed area has been fined more than £4,000.

Aqua Food and Mood was prosecuted following a visit from Coventry City Council’s Licensing Officers in November last year.

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A smoking area was at the rear of the premises in the Shisha Garden and it had a roof, two solid sides and four large curtain drapes hanging down the third side of the structure meaning the structure is enclosed.

Officers witnessed one customer at the Gosford Street restaurant smoking Shisha and another smoking a cigarette at the time of their visit.

Other evidence of smoking was also found as ashtrays were present on all tables, some of which had traces of ash visible and there was a large wall-mounted ashtray containing a large amount of cigarette ends.

Under the Health Act 2006 smoking of tobacco and other substances in enclosed and substantially enclosed premises is prohibited and the restaurant had been previously warned about the smoking area.

Coventry Magistrates fined Aqua Company Director Muhammed Imran Hussain £3,500 and has been ordered to pay costs of £805.

The 28-year-old was found guilty in his absence of allowing smoking in a smoke free place contrary to the Health Act 2006.

Councillor Joe Clifford, Coventry City Council’s Cabinet Member for Health and Community Services, said while it was sad to bring the prosecution in the first place he hoped the prosecution would send out a strong warning.

“Smoking is the biggest cause of early preventable deaths in the UK and the health conditions and diseases caused by smoking are well documented,” he said.

“Behind the awful statistics is an enormous amount of pain and suffering both to the people affected and their families. Our only motive in trying to encourage people to give up smoking or not smoke in a place that affects others is to try and bring this to an end.

“The main purpose of the Health Act 2006 was to reduce these deaths by preventing the smoking of tobacco and other substances in enclosed and substantially enclosed premises and reduce the adverse health effects of second hand smoke on non-smokers.

“The law is clear that smoking in enclosed and substantially enclosed areas is not permissible and we will ensure that it is enforced to protect the health of the wider public.”