Shisha Café Smoking Conviction

Cardiff Council successfully prosecuted Mr Zrar Abdullah, the owner of Fornos Shisha Café on Cardiff’s City Road, on 5th April 2012 for allowing smoking in an enclosed area.

The conviction followed an unannounced routine visit to the café by Cardiff Health Improvement Officers where they found members of the public smoking inside an enclosed area of the premise.

Cardiff Council’s Health Improvement Team visit businesses in the capital regularly to ensure that they comply with the smoking ban, a requirement of The Health Act 2006.

The Act aims to protect workers and the general public from the harmful effects of second hand smoke. According to Welsh Government figures, smoking accounts for over 5,600 fatalities in Wales every year.

Smoking in a Smoke Free premise can result in a fixed penalty fine of £50, or a maximum fine of £200 on conviction. A person having control of a Smoke Free premise who is found to have failed to prevent smoking at that premise can be liable to a maximum fine of £2500 on conviction. In addition, a person having control of a Smoke Free premise who is found to have failed to display the correct no smoking signs can be liable to a fixed penalty of £200, or a maximum fine of £1000 on conviction.

Mr Abdullah had previously been warned about allowing people to smoke in enclosed areas in Fornos Shisha Café. He did not attend the court; nevertheless, the case was proved in his absence and he was subsequently fined £1,000 and ordered to pay £200 towards the Prosecution costs.

A Council spokesman said: “Smoking legislation is designed to reduce the risks to health from exposure to second-hand smoke. The vast majority of people do stick to the rules, however, this sends a strong message to those tempted to allow smoking in their premises that we will take action.”

“Anyone requiring advice or guidance on the smoking ban can contact the Health Improvement Team, on 029 20 871845.”

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