Criminal law – Discrimination – Peaceful enjoyment of possessions – Pubs and bars - Smoking

R (on the application of Howitt) v Preston Magistrates’ Court: DC (Lord Justice Richards, Mr Justice Tugendhat): 19 March 2009

The claimant public house manager (H) applied for permission to seek judicial review of a decision of the defendant magistrates’ court to convict him for offences under the Health Act 2006 and breaches of conditional discharges imposed in respect of previous offences by H under the act. All the offences under the act had related to failures by H to stop persons smoking in the public house that he managed. H contended that the act was incompatible with the European Convention on Human Rights 1950. In particular H contended that the act violated his rights under articles 1, 3, 8, 9, 10, 11 and 14 of protocol 1 of the convention. H further contended that it was not open to the magistrates’ court to find that the public house was a public place.

Held: It could not be said that the act was as a whole incompatible with the convention as a whole or with regard to the particular articles relied on by H, R (on the application of G) v Nottinghamshire Healthcare NHS Trust [2008] EWHC 1096 (Admin), [2008] HRLR 42 considered. Neither could it be said that it was not open to the magistrates’ court to find that for the purposes of the act the public house was a public place.

Application refused.

In person for the claimant; no appearance or representation for the defendant.