Smoking sign case is thrown out of court
A COURT case against a shop owner who was charged with refusing to display a 'No Smoking' sign outside his premises has been thrown out.
Stuart Isbister, who owns garden gift shop The Worm That Turned, on Derby Road, Canning Circus, had been taken to court for refusing to pay a fixed penalty notice after being warned by Nottingham City Council to display a sign.
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Mr Isbister wanted to get the case heard in court as he thought the rules were ridiculous, and the A5 signs would look unwelcoming at the entrance to his shop.
Nottingham Magistrates' Court heard that Mr Isbister had been told by a council officer in July last year that he needed to display the sign. When he refused to do so the fixed penalty notice was issued.
Deputy District Judge Graham Bennett today ruled that there was not enough admissible evidence for the case to proceed.
He said: "At this stage there is no prima facie case against him and I propose to dismiss this case."
Speaking before the hearing, Mr Isbister said: "I can't remember a time when people smoked in shops, so it's a like using a sledge hammer to crush a nut, and I thought it was about time someone stood up to it."
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by Mr B J Mann, Nottingham
Friday, April 30 2010, 10:41AM
“And what will be the cost of replacing them when they get damaged, fall off, or fade.
Perhaps an anti-smoking zealot could write in and enlighten us?
And then there's the cost to the NHS of all that reduced smoking: smokers used to pay something like seven times the total cost of smoking to the NHS, including even things like the cost of anti smoking campaigns. And who is going to pay the pensions of all those smokers who will now make it to retirement? And the unemployment benefits to all the redundant Players workers?
All of a sudden the current crisis doesn't look that expensive!
.”
by Mr B J Mann, Nottingham
Friday, April 30 2010, 10:37AM
“Errrmmmmmmmmmmmmm:
"lickle sticker"
t:.,Tadger?
"Look, the rules are clear.
*he* has just wasted taxpayers' money"
Mr Stupid?!
.
So, after the "No Smoking" Sign case was dismissed, a council spokesman said: "this shop is the only building out of 5,000 we have visited in the city since the law came into effect that has refused to comply (clearly they haven't visited enough of their own buildings then) and added: "Any expense incurred in bringing this case could have been avoided if Mr Isbister had taken the many opportunities we presented to him to comply with the law."
Apparently the council was unable to provide a figure of the cost of the case. I bet they would be unable to provide a figure for the cost of the 5,000 visits either (plus Employer's NI, gold plated pensions, etc).
And I wonder what the cost is of buying and putting up say 50 million or so no smoking signs on all the entrances to all the businesses and other public buildings in the country - big signs at the main entrance(s), and can you get away with the little round ones at all the other entrances (including to sheds, stores, garages, lean to's, containers and the like, or maybe not, it's not that clear).
Oh and don't forget another ten or twenty million or so for all the commercial, business and work vehicles (each compartment of).
And don't forget the signs are different in Scotland. And bigger in Wales and Northern Ireland. And transparent in Wales if it's going on a window. Oh, and if the vehicle is going to cross the Eire border, it needs a sign like the Scotish one, not the Northern Irish one!
Perhaps an anti-smoking zealot could write in and enlighten us?
.”
by Phil, Gamston
Wednesday, April 28 2010, 10:23AM
“what is a waste of money is insisting all premises have to have no smoking signs. Its against the law to go to the toilet in a public place but I don't need Asda to put a sign up to tell me not to wee in the aisles.
Good on this man”
by Mr. Sensible, The Real World
Wednesday, April 28 2010, 7:54AM
“Look, the rules are clear.
So what if the shop is no smoking already; good for him, but others may not be. And you cannot make exceptions in law.
I fully agree with the smoking ban, and think he has just wasted taxpayers' money by bringing this case.
Disgrace.”
by UP YOURS, LABOUR!
Tuesday, April 27 2010, 11:35PM
“Good on you Mr Isbister!
UP YOURS COLLINS!
UP YOURS LABOUR!
And an especially big UP YOURS MAD BADGER!!”