Hugh Howitt

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Hugh Guy Fawkes^[1] Howitt, also known as Hamish Howitt, is the landlord of the Happy Scots Bar, Blackpool. He is notable for being the first landlord to be prosecuted for permitting smoking in a smokefree place under his control, a breach of the smoking ban in England. His son and a friend both face charges of smoking in a smokefree place; an identical charge against his wife was dropped.

On 2 August 2007, Howitt appeared before Blackpool Magistrates' Court and pleaded not guilty to 12 counts of failing to stop people smoking in his pub. He made a statement at the time, saying, "The council are going to try to break my spirit and resolve, but they will never win".^[2] If necessary Howitt intends to take the matter as far as the European Court of Human Rights.

His trial took place on 5 and 6 November (upon these dates being chosen he decided to use a deed poll to adopt the name of Guy Fawkes). He pleaded guilty and was fined 500 pounds and ordered to pay 2000 pounds costs; the maximum fine was 30000 pounds. The judge said "I suggest your campaign has been silly, pointless and misguided. It has achieved nothing. All it seems to have done is cause a great deal of problems for yourself".

After the trial, Howitt is quoted as saying "I'm going to fight on and fight on. I'm not putting anybody out of my pub until they shut me down".

Howitt was in court for a second time (21 November) facing six charges of allowing smoking on his premises. He pleaded "not guilty" and a full trial is scheduled for 26 March 2008. Howitt is reported as saying "My political and social conscience won't allow me to change my mind".

In March 2008 at Preston Crown Court, Howitt received fines of £3950 (comprising five fines of £250 for breaking the ban, seven fines of £100 for breaking undertakings not to allow smoking, and £2000 costs). Howitt is reported to have expected bigger fines and is quoted as saying "I'm very pleased. The judge has given me a green light to figh a law of oppression". Howitt continues to maintain that the smoking ban breaches Human Rights Act 1998 and has confirmed that he plans to take the case to the High Court to seek a Judicial review.