Pub landlady breaks smoking ban

The undercover investigator spotted people smoking in the pub

A pub landlady has been prosecuted for allowing customers to smoke in her pub, and smoking behind the bar herself.

An undercover investigator sent by the council to the Stag's Head pub in Barnstaple, saw people smoking inside.

Landlady Joanne Kendall admitted breaching the Health Act 2006 and was fined £130 plus costs by Barnstaple magistrates.

The local council had been alerted by other pub landlords claiming they were losing customers to the Stag's Head.

There were complaints from other landlords claiming they were losing customers to the Stag's Head Nick Perkins, licensing officer

Nick Perkins, licensing officer for North Devon District Council, said Mrs Kendall had been sent two letters asking her to comply with the law.

"There were further complaints from other landlords saying it was an unfair advantage, and their customers were going to the Stag's Head."

Because the landlady knew Mr Perkins and his colleagues, they paid someone unconnected with the council to go undercover to prove or disprove the complaints.

"He went on three consecutive Fridays in April and saw smoking on each occasion, including the landlady herself," said Mr Perkins.

He added that the pub had a beer garden with "plenty of room for people to smoke legally".

This was the first of 4,500 pubs in north Devon to be prosecuted since the smoking ban came into force on July 1 2007.