Monday, November 05, 2007

The air is not free (from smoke)

Via Tim Almond, what the fucking hell is going on here?
A licensee is facing legal action for letting smoke drift into his neighbour’s garden.

In what is believed to be the first episode of its kind, Jeff Castledine, licensee of the Queens Head in Boreham, Chelmsford, has received a letter from Chelmsford Borough Council following a complaint about “nuisance caused by odour from cigarette smoke”.

The council told Castledine it would monitor his pub “to determine if odour nuisances are being caused”, in breach of the Environmental Protection Act 1990.

If the council decides a “nuisance” exists, it is threatening to serve Castledine with an abatement notice, forcing him to stop or reduce the problem.

In the name of fuck, what the fucking hell do they expect? The government has banned smoking indoors, so naturally people are going to go outside to smoke because there is no other practical fucking option.

Or is there?
The situation will add to fears in the trade that the smoking ban could be extended to include other outside areas, similar to legislation being introduced in the US.

For crying the fuck out loud, that's what's going to be next isn't it? It's going to be an eventual proxy ban on smoking.

Many people rent properties that they are not allowed to smoke in; now they cannot smoke in pubs, or restaurants and next will come the ban on smoking in a public space. Which means that, if you are a smoker and you don't have a garden shed or a tolerant landlord, you are a bit fucked.


Machiavelli's Understudy said...

This is a bit of a multi-faceted problem.

On the one hand, I expect that the pub has always been there and that there ought to be the expectation that this sort of activity is anticipated, it being a pub and all. However, has there been a massive increase in this sort of activity since the Fourth Reich's smoking ban, and thus much more smoke pollution drifting in to neighbouring property? If so, then I think there might be some argument for protecting the neighbour(s) in this instance. Of course, if that is the case, it also probably wouldn't have come about were it not for the efforts of Reichsmarschal Hewitt. Slag.

On the other hand, we also have the libertarian principle of 'polluter pays', which I'm cautiously accepting of, where pollution is caused beyond what might be considered normal activity.

Nothing changes that a person's property is being polluted with the smoke of other people. I have experienced this myself with a neighbour, whose cigar smoke could be smelled in our property, despite our best efforts to prevent it seeping in (somehow). It's not particularly pleasant, so I can empathise with the complainant, but I also empathise with the licensee. This is a difficult situation that would not have arisen if the Government had just kept their fucking massive beaks out of it. Wankers.

Anonymous said...

Just to keep your blood pressure up of a Monday morning:

Trixy said...

If I were the landlord I would send the arsehole neighbour a legal letter saying that his stinking breath/ old spice/ boiled cabbage was causing a "nuisance odour".

Shug Niggurath said...

Shite like this is always going to come of incompetent fucks making useless laws in the name of politically correct dogma.

Before the actual smoking ban came into law in Scotland the wankers were already trying to get amendments to stop people smoking in the pub beer garden by declaring it an extension of the pub.

It's our own fucking fault, how many people in our glorious fucking country actually think politicians are useful, helpful and even decent human beings? So why do we keep on making the same mistakes when we choose the cunts that represent us ???

Anonymous said...

The increase in "pollution" can obviously be attributed to the smoking ban, which I think we all agree is completely illiberal.

The increase in smoke is however an evasion of the property rights of the neighbour and thus he/she has a just claim against the landlord.

Since the amount of pollution has apparently increased, i dont think we cant fall back on any pollution rights "homesteaded" by the pub owner prior to the arrival of his neighbour.


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