Police used to enforce smoking ban

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.

About IanPJ

Ian Parker-Joseph, former Leader of the Libertarian Party UK, who currently heads PDPS Internet Hosting and the Personal Deed Poll Services company, has been an IT industry professional for over 20 years, providing Business Consulting, Programme and Project Management, specialising in the recovery of Projects that have failed in a process driven world. Ian’s experience is not limited to the UK, and he has successfully delivered projects in the Middle East, Africa, US, Russia, Poland, France and Germany. Working within different cultures, Ian has occupied high profile roles within multi-nationals such as Nortel and Cable & Wireless. These experiences have given Ian an excellent insight into world events, and the way that they can shape our own national future. His extensive overseas experiences have made him all too aware of how the UK interacts with its near neighbours, its place in the Commonwealth, and how our nation fits into the wider world. He is determined to rebuild many of the friendships and commercial relationships with other nations that have been sadly neglected over the years, and would like to see greater energy and food security in these countries, for the benefit of all. Ian is a vocal advocate of small government, individual freedom, low taxation and a minimum of regulation. Ian believes deeply and passionately in freedom and independence in all areas of life, and is now bringing his professional experiences to bear in the world of politics.
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