tag:blogger.com,1999:blog-3141759542968821728.post1519735746966649077..comments2024-01-01T16:01:35.711+00:00Comments on Dick Puddlecote: Smoke, Mirrors, And Righteous WrigglingDick Puddlecotehttp://www.blogger.com/profile/01481866882188932892noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-3141759542968821728.post-9000194369998101712009-05-25T02:51:56.269+01:002009-05-25T02:51:56.269+01:00I wish it were so, Mr Puddlecote, but I don't thin...I wish it were so, Mr Puddlecote, but I don't think it is. <br /><br />The exemption applies to a "designated room in a research or testing facility". So the starting point is that the premises in which the designated room is contained must be a research or testing facility. A pub is not a research or testing facility, it is a pub. Even if this fundamental problem can be overcome, there is another difficulty. <br /><br />The designated room is only "not smoke-free" while research or testing is being conducted. But that does not mean any research or testing, it means the specific types of research and testing listed in para 9(2) of the 2007 Regulations. Filling in a questionnaire is not included in para 9(2). <br /><br />You address para 9(3) but not para 9(2). A room used for anything that could be described as "research" or "testing" might come within 9(3), but unless the type of research or testing falls within 9(2) there is no exemption from the smoking ban. <br /><br />In fact it is plain from the wording of the 2007 Regulations that smoking is permitted in a "designated room" only insofar as smoking is a necessary part of the research or testing. If, for example, a test were being done on the effect of "first-hand" cigarette smoke on people with certain heart defects, those people would be permitted to smoke. But it would not allow the tester or any observer to light up simply because they happened to be in the room at the time. <br /><br />Irrational and oppressive legislation usually contains no simple loopholes. So it is with the smoking ban.TheFatBigothttps://www.blogger.com/profile/17255526385076528633noreply@blogger.comtag:blogger.com,1999:blog-3141759542968821728.post-65751012263196409742009-05-23T18:17:48.782+01:002009-05-23T18:17:48.782+01:00Dick, Thank you for your answer about Dave West…I ...Dick, Thank you for your answer about Dave West…I did suspect as much since he had regular visits from Westminster Council and the police, not long after the ban had been in place.<br /><br />Now, to your post. I’ve read this post over and over again with increasing enjoyment. You really have done your work on this. You’ve shown us elements of the Health and Safety Act with regard to smoking exemptions – and here is where I’m quite intrigued.<br /><br />It’s in the drafting of the legislation, which is so loosely based, that perhaps there is not one pub or bar in the country that cannot easily fulfil the criteria requested by the law – and this is my point.<br /><br />Strangely, when setting up a smoking research facility, you are not compelled to wear facemasks, any form of breathing apparatus – or even install any specialized type of ventilating system. Why ever not? Wasn’t the legislation brought in to supposedly protect the people working in an environment where people may be smoking…so where is the ‘protection’ for the people carrying out the smoking research?<br /><br />In other words…would not the research facility, according to the law – be any different from any pub or bar that allowed smoking prior to the ban?<br /><br />Which brings me to this. Would I be wrong in thinking that the civil servants who drafted this bill, knew this, and perhaps did not necessarily support the ban? This therefore leaves this gaping loophole (that they must have known would be spotted), which can and should be exploited.<br /><br />Leaving the Pubco’s out of this, free houses would have carte blanche to punch a massive hole in the smoking ban.<br /><br />I’m only sorry that Forest hasn’t run with this one. Will they leaflet free houses? <br /><br />In the meantime Dick, please keep us up to date with the other two pubs and their progress.Chris:https://www.blogger.com/profile/16788771701805696946noreply@blogger.comtag:blogger.com,1999:blog-3141759542968821728.post-65113144804013176442009-05-23T09:44:05.697+01:002009-05-23T09:44:05.697+01:00Chris: Dave has ended his protest after intimidato...Chris: Dave has ended his protest after intimidatory tactics by the police. They turned up night after night, hinting that his licence would be blocked by them should he carry on.<br /><br />He has too much money for the council to allow him to go through a court, so other methods had to be foundDick Puddlecotehttps://www.blogger.com/profile/01481866882188932892noreply@blogger.comtag:blogger.com,1999:blog-3141759542968821728.post-17638517445440712132009-05-22T18:41:30.980+01:002009-05-22T18:41:30.980+01:00Dick I wish both those pubs well.
Have you heard ...Dick I wish both those pubs well.<br /><br />Have you heard anymore about Dave West from the Hey Jo club in London...I spoke to him sometime ago and he was still allowing people to smoke in his club.<br /><br />Is he still taking legal action?<br /><br />PS I'm pissed off with having to create an account everytime I want to leave a comment!Chris:https://www.blogger.com/profile/16788771701805696946noreply@blogger.comtag:blogger.com,1999:blog-3141759542968821728.post-15167600323314499972009-05-22T17:51:51.427+01:002009-05-22T17:51:51.427+01:00Of course some real research into this would not b...Of course some real research into this would not be welcome by the fakirs from ASH et al. It might mean the truth becoming exposed and upsetting the lying scheming bigots who wrought this ban upon us. Also the dimwitted in HMG who fell for those lies would have another embarrassing incident unleashed upon them - Tossers!marleynoreply@blogger.comtag:blogger.com,1999:blog-3141759542968821728.post-52022490431818828482009-05-22T10:33:42.042+01:002009-05-22T10:33:42.042+01:00Perhaps air filtration/ventilation manufacturers w...Perhaps air filtration/ventilation manufacturers would like to test equipment in an authentic environment?DAVIDnoreply@blogger.comtag:blogger.com,1999:blog-3141759542968821728.post-75357039047643428042009-05-22T08:32:04.879+01:002009-05-22T08:32:04.879+01:00This experiment may have been short lived and a lo...This experiment may have been short lived and a lot of publicans may shirk away from doing the same for fear of persecution but it did show glaringly that PUBS NEED SMOKERS TO SURVIVE and it stamps out firmly the idea that non smokers would/could fill the vacum left by the Smoking Ban Experiment!Anonymoushttps://www.blogger.com/profile/10072165710888952465noreply@blogger.comtag:blogger.com,1999:blog-3141759542968821728.post-72191695496765246382009-05-22T01:45:07.612+01:002009-05-22T01:45:07.612+01:00I left a comment on the publican site pretty much ...I left a comment on the publican site pretty much to this affect.<br /><br />Amazing! it hasn't even shown up!<br /><br />twats..Eclipsenoreply@blogger.comtag:blogger.com,1999:blog-3141759542968821728.post-40822377065671798812009-05-22T00:20:00.984+01:002009-05-22T00:20:00.984+01:00Why haven't any freeholders created a research cen...<EM>Why haven't any freeholders created a research centre.</EM>As I understand it, there are two freehouses doing just that. One in Hampshire and one in Sussex. The councils won't touch them. :-)Dick Puddlecotehttps://www.blogger.com/profile/01481866882188932892noreply@blogger.comtag:blogger.com,1999:blog-3141759542968821728.post-39832244560317510692009-05-22T00:11:00.882+01:002009-05-22T00:11:00.882+01:00Why haven't any freeholders created a research cen...Why haven't any freeholders created a research centre.<br /><br />Showing their cowardice like they did when the ban was introduced, like lambs to the slaughter.<br />Publicans deserve what they have got.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3141759542968821728.post-69498863590337965032009-05-22T00:09:26.088+01:002009-05-22T00:09:26.088+01:00There was nothing wrong with the smoking research ...There was nothing wrong with the smoking research centre. <br /> <br />People chose to go there only if they wished.<br /><br />Non-smokers were also provided for - no arguement there.<br /><br />Takings were up - more jobs and tax.<br /><br />Let's face it - Labour obviously do NOT want to get this country working again. There are hundreds of thousands of jobs in the hospitality sector - a simple amendment to the ban to cater for everyone would safeguard the majority of them.<br /><br />Instead, they listen to quangos rather then their citizens. <br /><br />Mind you, the citizens will have the last say, as it is the citizens that will refuse to vote them in for a long, long time after the damage they've caused economically and socially to our communities.Anonymousnoreply@blogger.com