A man has been arrested after defying the ban on smoking on public places.
Martin Whisker is thought to be one of the first people in England to be punished under new laws.
The 42-year-old was smoking while he drank in a bar in Scarborough.
Police were called to the pub when Mr Whisker refused to stub out his cigarette.
He was escorted out and given an £80 fine for being drunk and disorderly. (source)
It is interesting to note that the Police were involved. It is my understanding that the Police are specifically excluded from enforcing environmental laws, and may only be called in on other pretexts, which is probably why he was given a fine for being drunk and disorderly.
It is also my understanding that the Smoking Gestapo do not have statutory legal powers to ask for your name and address, only those with the power of a police constable can do that.
I am open to correction, but that is my understanding of the law as written.
A police spokesman said Mr Whisker had not been arrested for smoking.
at the Riskers bar called police after he refused to leave, an argument
having ensued over his refusal to put out a cigarette.
Officers went to the bar to eject him but, having done so, he tried to get back in.
spokesman said: “He was then arrested for being drunk and disorderly
and was not arrested for anything to do with smoking. Police have no
powers of arrest for breaches of the smoking rules.”
Mr Whisker was fined £80 and spent the night in police cells. The new legislation is enforced by councils, not police.