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Ex-landlord jailed over smoking ban at Bolton pubs
Nick Hogan lost his job after he was convicted of breaching the ban
A former pub landlord who is thought to be the first person in the UK to be jailed after flouting the smoking ban is “devastated”, his wife says.Nick Hogan, 43, from Chorley, was sentenced to six months in prison for failing to pay fines for smoking ban breaches at his two Bolton pubs.
Hogan was found guilty of breaching the smoking ban in January 2008 at the Swan and the Barristers pubs he ran.
His wife Denise said the couple “never expected” he would be imprisoned.
The original hearing was told that on the day the ban came into force he organised a “mass light-up” in the two pubs.
He was fined £3,000 and ordered to pay £7,136 in costs.
Mrs Hogan, 53, said that following the conviction her husband lost his job and was unable to keep up with the £125-a-week fine payments.
He was jailed on Friday by magistrates in Bolton.
Mrs Hogan said: “He’s not a smoking campaigner or anything like that.
“He didn’t want to change the law, he just thought if people wanted to smoke it should be their choice.
“We never expected him to go to jail. He hasn’t harmed anybody and he isn’t a criminal.
“He was allowed to ring me from jail last night but we could only speak for just two minutes. He is devastated.”
He was jailed for not paying (or refusing to continue paying) the fines imposed on him.
BUT if you do the math, it isn’t such a bad deal really. He had to pay a total of £10,136. Being given 6 months in jail actually means a time seved of around 3 months. When he comes out, he will have in essence settled his debt to society by virtue of serving his sentence.
£10,136 expunged in 3 months is the equivalent of £40,544 nett of income tax & NI which grosses up to somewhere around £50,000 gross (i.e. before Tax & NI)…… a pretty good income for a pub landlord.
I’m not sure if it’s a criminal act not to pay a fine, but to imprison him for six months just goes to show what a complete a@se some of our laws are.
Don’t pay a fine or a TV Licence and you go to prison,,,,,,,,,,,Mug / rob / abuse someone, and you get a few hours community service. If your really lucky! you get a holiday at the tax payers expense due to your dreadful start in life :roll:
@cas wrote:
Mug / rob / abuse someone, and you get a few hours community service. If your really lucky! you get a holiday at the tax payers expense due to your dreadful start in life :roll:
Yes …. its called compassion.
The question is criminal or not? Yes he is a criminal as he has broken the law and was found guilty.
But imprisoning him for it when we see people getting away with far worse crimes and getting community service or slaps on the wrist……..stinks!@forumhostpb wrote:
He was jailed for not paying (or refusing to continue paying) the fines imposed on him.
BUT if you do the math, it isn’t such a bad deal really. He had to pay a total of £10,136. Being given 6 months in jail actually means a time seved of around 3 months. When he comes out, he will have in essence settled his debt to society by virtue of serving his sentence.
£10,136 expunged in 3 months is the equivalent of £40,544 nett of income tax & NI which grosses up to somewhere around £50,000 gross (i.e. before Tax & NI)…… a pretty good income for a pub landlord.
and what about the cost to the taxpayer for his upkeep whilst he is in prison taking up a space that could be used for a real criminal?
so what exactly do u do with ppl that refuse to pay fines then , and i think the laws changed has it not , when u serve ur time and get out ur fine awaits u
@melody wrote:
@forumhostpb wrote:
He was jailed for not paying (or refusing to continue paying) the fines imposed on him.
BUT if you do the math, it isn’t such a bad deal really. He had to pay a total of £10,136. Being given 6 months in jail actually means a time seved of around 3 months. When he comes out, he will have in essence settled his debt to society by virtue of serving his sentence.
£10,136 expunged in 3 months is the equivalent of £40,544 nett of income tax & NI which grosses up to somewhere around £50,000 gross (i.e. before Tax & NI)…… a pretty good income for a pub landlord.
and what about the cost to the taxpayer for his upkeep whilst he is in prison taking up a space that could be used for a real criminal?
You use the term “real criminal” implying that this guy wasn’t a “criminal”.
In point of fact he WAS a criminal. He knowingly and deliberately flouted the law – which incidentally applies to us ALL – and was fined for his “criminal” act.
He could have settled his debt to society by paying the fine, but again knowingly and deliberately chose not to do this. So the Court imposed a prison sentence on him for failing or refusing to pay.
Before anybody gets too carried away by the thought of prison sentences for breaking the (criminal) law as it relates to smoking, remember that his punishment for this was a fine NOT a prison sentence. The prison sentence was for not paying or refusing to pay his fine.
I think we need to bring back smoking in pubs. It’s killing them – especially the decent ones. Besides, they’ve all started to smell a bit of wee since the smokes were banned.
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