Sunday, 28 February 2010

Nick Hogan - Jailed over No-smoking Ban.


There has been a fair amount of comment in the blogosphere regarding the six month jail sentence given to Nick Hogan for flouting the 'no-smoking ban'.

Outrage has been duly expressed, here, there, and everywhere. Perhaps we can do better than just express outrage?

Nick was actually jailed for non-payment of the fine originally imposed for a 'mass smoke-in' on the day the ban came into force in 2007 in his pub, the 'Swan and Barristers' in Bolton. He no longer has that pub. He was fined again when council inspectors walked into his present pub and discovered a group of customers smoking - Nick wasn't even on the premises.

His wife, Denise, is now managing their present pub in Chorley herself. Their trade is so low that they don't even bother to open the downstairs bar. Nick is bankrupt, and had gone to court intending to argue that he could not afford the £500 a month payments demanded by the council towards their £11,600 bill for prosecuting him. He has already paid off £1,600. The court gave him a six month sentence instead, and he is currently in Forest Bank prison in Pendlebury, unable to help to earn the money which would ensure his release.

Denise has not even been able to speak to him since he was sentenced. She has merely been told to phone the prison on Monday to enquire when she might see him. She is confused, frightened, and feeling very lonely.

If all the people who disagree with the no-smoking ban contributed a few coppers, then Nick would be released. If you can't afford £1, then at least drop Nick a line and let him know he is not forgotten - not surprisingly, he is feeling very depressed.

Denise has just said to me 'all the people who disagree with the ban - where are they now? - and my Nick is in prison'. Quite.

Denise has no idea how to use the Internet, she has no idea how many of us are against the no-smoking ban. Let's show her.

£1 each - just 10,000 of you - let's see if the blogosphere can do more than merely rant in unison. Once the amount received totals the outstanding fine, they have to release Nick.

Nick's address is:

HMP & YOI Forest Bank
Agecroft Road
M27 8FB

OH UPDATE: Under the health act of 2006, it is the responsibility of the owner or the controller of "smoke free" space to uphold the law. It is not illegal to smoke in a shop or on a train. It is illegal for the owner or controller of the space to allow you to smoke.

NOT TRUE: It is illegal for the OWNER to allow you to smoke in these premises

So smoke everywhere you like and the most that can happen is the owner can ask you to stop. He is not a policeman, he has no legal powers to physically stop you smoking and no one can be prosecuted for smoking a cigarette in a smoke free area*

For example, it is not permitted for BT to allow smoking in their phoneboxes, but it is THEIR responsibility to stop you from smoking in one.

I make a habit of lighting up everywhere and simply waiting to be told politely to go outside. I've been abroad you see......

* You can where naked flames are banned, for example a Petrol Refinary or inside an aircraft.

You can now donate via PayPal in the right hand column


«Oldest   ‹Older   201 – 271 of 271
banned said...

Looking on the bright side, the Bansturbators might have handed us an own goal in jailing Nick for £10,000, a sum that may be beyond his means but not ours, collectivly.
Btw, someone asked if his fine will be "spent" by time inside, I do not believe that it is, he will still 'owe' the fine upon release and so could be jailed again.

david wellamy (liberwal extwemist parwty) said...


hey, watch out...some of my best fwriends are cwusty herwberwts, i'll have you how about someone discussing pwoper politics herwe without bwinging the campaign for weal bloody ale into the bloody equation...i'm having enough twouble distinguishing between labourw and the conserwatives...personally, i wreckon camerwon's wight on the honey - especially on immigwation. you see, just as the afwicanized bee, a hybwid of the afwican honey bee, is attwacted to this countrwy by our wrecent wawmer climes, so is the afwican human likewise encouwaged to migwate herwe. now what camerwon has bwilliantly wealized is this: if he can turwn wound climate change, he can turwn wound immigwation. beautiful. yes, despite all the widicule, his staunch old gween policies are destined to be a vote-winning stwoke of bloody genius. in fact, all he has to do is dwop the avewage national temperwature by about two degwees and most of the afwican fauna and florwa will buggerwoff home without a second glance. now let me put on me wellies and goosestep on down to the bottom of me english countwy jungle (it's overgwown like me bearwd actually). heil camerwon!

subrosa said...

I need help too Martin. I have an account but haven't used it for a couple of years. It just crashes on me.

Anonymous said...

Just watched the video on Faustys about smoking in the HOC bars. Anyone know how to set up one of those No 10 petitions to ban smoking there?Motto - 'What's good enough for the people is good enough for the politicians'. Probably wouldn't be allowed but then we might get some more mileage with the Telegraph & perhaps some other papers & it would drive McSnot & the MPs crazy to think they were being challenged by us plebs.

Oswald Bastable said...

Done and I will link the story!

HM Treasury said...


Thanks for the money losers.

We shall have to jail some more of you now!

Rogerborg said...

@TheUKLibertarian: When [Mr Hogan] refused to pay the fine was it because he was saying "I'd rather go to jail than give you guys the money" or was it an inability to pay?

He went to court to try to re-negotiate a payment schedule, now that he's bankrupt. The beaks would have none of it - the State is always a super-creditor - and gaoled him for the inability to pay, an inability that's due to their actions. Dickensian doesn't even begin to describe it.

I'm amazed by how much we've raised. I'm not sure we can raise the Danegeld to spring him, but I want my £50 (less PayPal tax) to go in his pocket anyway. He's earned it many times over, I'll be happy if he blows it all on tabs and horses.

If you can make one heap of all your winnings
And risk it on one turn of pitch-and-toss,
And lose, and start again at your beginnings
And never breath a word about your loss;
Yours is the Earth and everything that's in it,
And - which is more - you'll be a Man my son!

Sick to fucking death said...

Can someone explain to me what the legal position is here. If a customer smokes in your pub and you ask them to stop, if they politely refuse what are you supposed to do, phone the police ? I was thinking, I live in a small town, it wouldnt to difficult to arrange the towns people to all smoke in pubs for one day. The pubs can pay the £200 fine out of the extra bar takings and the police force is small, they couldn't be in every pub at once. A day of protest against the righteous cunts.

Anonymous said...

Re. Smoking in the House of Commons:

Rather than trying to ban it there too, how about using it to our advantage? After all, they flout numerous of their own "laws", so that makes it OK for everyone else to be choosy in complying.

Any nonsense about it being exempt because it belongs to the Queen is bollocks too. Many of us own our workplaces, including publicans like Nick. If it's good enough for Lizzie, it's sure good enough for us.

I'm also surprised that I haven't seen a single defaced or vandalised no smoking sign. They're quite useful for stubbing your fags out on when you've finished though.

Anonymous said...

It's lucky for Nick that the vast majority of people don't have a problem with paypal

TheBigYin said...

Reuben said...

Thank you for setting this up. I will donate and post about this on The Third Estate.

Uncle Marvo said...

"Dickensian doesn't begin to describe it."

How about Draconian?

No, doesn't either.

£27.20 from the pub last night on its way.

Over halfway there in less than two days doesn't sound too bad to me.

Thanks for the poster, Twat.

Dick Puddlecote said...

Half way. Now if we all just donate the same again. Bingo. ;-)

I'm in ... again.

Anonymous said...

Pat Nurse said...
"As for paypal - I just made the donation with an ordinary bank card".

how did you do that without setting up a Paypal account?

Anonymous said...

Pat Nurse said...
"As for paypal - I just made the donation with an ordinary bank card."

How did you do that without setting up a Paypal account?

Anonymous said...

"send the money to the wife - the landlord's vigorously trying to avoid paying the fine. the poor cunt'll probably have a new kitchen by the time he gets home."

Classic! ROTFL!! :-D

Wyrdtimes said...
This comment has been removed by the author.
Uncle Marvo said...

I don't give a bollocks if wants to spend it on fags.

He's the one in the chokey. He's the one who's got the big bollocks.

National Hero.

Demon said...

I'm amazed at how much has been raised in less than 2 days. I'm also in the enviable position of just having received a tax rebate from HMRC. The chance of using it in this way is just too good to miss. Let's get him out ASAP and get it in the MSM.

I would have had a whip round in my local....but it's now out of business and yes, after the ban hey presto - custom just dried up. Even my excessive drinking can't keep a pub open single handed.

To quote DP:

Half way. Now if we all just donate the same again. Bingo. ;-)

I'm in ... again.

Exactly, another 50 in the pot

Anonymous said...

Of course we can get our donations back: By being less rigorous in our tax returns!
That's what the 646 scum and their cronies would do.

Reuben said...

Just donated.

Wyrdtimes said...

£5 donated... best I can do right now

Peter Davies said...

Well just donated £10. I work in Brussels at the moment. They have smoking and non-smoking bars and nobody is going out of Buisness.

Also ASH should be banned. I cannot remember voting for them.

Anonymous said...

@ anon 11:18.
I'm kind of wondering if they actually will release him even if the money becomes available to pay the ransom.
If they don't, I can see a protest situation being provoked. The love police, freedom wardens and pissed off people should be present.
No rainbow hippies and parka woolie-hatters though, they just make any protest look stupid. People should dress like middle englaenders for protests, they pay most of the taxes after all (or potentially not).
A revolt by middle england could be more scary for the crooks, that's their peer group.

Pat Nurse said...

I paid with a bank card, I got a receipt that said paid through secure paypal - I don't have a fuck how it works or how I got it but if you ain't got a bank card you can't pay!

Pat Nurse said...

Paying Nick's fine like this puts two very British fingers up at the Law - our efforts in raising this money overturns what a Crown Court Juge has done - we, therefore, overturn the law.

Get Nick out - Then go for the law that put him inside!

Sandra said...

As a non smoker and belief that us licencees should've been given choice 'to smoke, or not to smoke' (apologies for the pun)I suggest this collection, only adds to the government coffers and donations to his wife in 'private' so the tax man never suspected, would give this poor couple a bloody good holiday when Nick is released (maybe a new kitchen too)all we need in order to do this is a bank account no and sort code (maybe a child relatives account to be on safe side)I'll donate to both, but more to the private fund!

Uncle Marvo said...

All good points. I might go and have a beer in his pub. What's the address?

Chrissie Fuller said...

Just a thought.

Is Nick still bankrupt? If so, is it not the case that any money he receives should be declared to his Trustee in Bankruptcy, and THEY will have the power to decide what happens to the money.

Don't want to be scaremongering, but would it not be better for the money to be paid direct to the Court, assuming of course that this is what Nick wants?

Can someone please check this out before we get him into another load of trouble with the Official Receiver?!?

Pat Nurse said...

I have suggested that the money be sent to Nick's solicitor to pay the fine at the relevant court. If the money doesn't pass through Nick's hands, I don't see how anyone can take anything from him because it's not technically "his".

If it's whip round rather than a charity collection, then how can they tax that!

Little Deutschlander said...

This brave man is being made an example of to please the unelected commission of millionares in Brussels.
It is this body that proposes a smoking ban in all public places (including outdoor areas).
It goes without saying that the ban does not extend to members of the EU elite.Both "parliament" buildings in Strasbourg and Brussels have comfortable smoking areas in their bars.
Welcome to post-democratic Europe.

hpx83 said...

Incoming £25 from an opressed Swede (you didn't think Brits were the only ones pissed of by government, did ya??)

Brenda said...

I've sent a bit of cash but hate to think that this fund will end up in the hands of the people that put Nick away.
If only he could stick it out in the slammer and use the fund for an appeal or campaign to get this spiteful ban amended.

Anonymous said...

Little Deutschlander said...
"Both "parliament" buildings in Strasbourg and Brussels have comfortable smoking areas in their bars.
How do you say " What then fucking fuckety fuck!" in German?

Pat Nurse said...

@Brenda. I'm sympathetic to your view but I think we should get Nick out and then get the law. The point has been made. We couldn't control them locking him up but, if we raise this cash, we can control when he gets out. It shows us the power of what we can do when we all pull together.
I expect none of us has much. I'm skint but I'll be putting my second bit in the hat tomorrow when I get paid. I think we have to keep going with enthusiasm. The quicker this fund meets it's target, the faster we show them we have strength.

The Filthy Engineer said...

Phil Johnson sent a message to the members of Justice for Nick Hogan.

Subject: Alternative donation avenue

We have another safe avenue for donations for all those of you who would rather send a cheque. If so, your Cheques for the Nick Hogan fund can be made payable to Freedom to Choose (Scotland).
They will be retained in the Freedom to Choose (Scotland) account until further instructions are available.
The address is Freedom to Choose (Scotland), c/o The Dalmeny Bar, 297 Leith Walk, Edinburgh EH6 8SA.
For total transparency I will update the 'donations sent' on a daily basis as soon as the Treasurer informs me of such.
This now gives the Nick Hogan fund twice the opportunity to reach our target folks.
Phil J

clare said...

wooooo over 5 grand so far, halfway there!!!
can we not perhaps use the money to pay Leon (of Luc Besson fame) to pop into the M.P's smoking bar and crack some over-paid heads?
i want my taxes back from the expenses scandal, it should be those thieving M.Ps languishing in prison, which i realise is off the subject, but still bites me on the ass everytime i think about it... *mutters under breath*

Elmer said...

Just donate the cash to the Roy Castle Lung Cancer Foundation don't waste it on that silly douche bag. Let him do the bird that he deserves and put the money to some good.

Anonymous said...

Eerrm, ELMER CRETIN, Roy Castle's cancer was a non-smoke one. Now go fuck yourself, ignorant twat.

Anonymous said...

Done my bit - and I deal with liquor licensing! (And I don't smoke any more...doesn't mean I should prevent any one else lighting up, does it?)

capstan_tobacco said...

Facebook group "FREE NICK HOGAN!!!":

Junican said...

Paypal is simply a money transmission service. To use paypal, you need to open an account with them, but it is extremely easy - not unlike becoming a commentator on a newspaper blog. Simply google 'Paypal' and follow the links. But you do need at least a bank account (but you can use your debit/credit card actually to make payments if you wish).

All they do is accept money from you and pass it to the other person via the other person's paypal account. I use my Paypal account when I use Ebay. In my case, Paypal have a record of my credit card. When I use Paypal to buy something on ebay, paypal debit my credit card account. Monthy, by an arranged standing order, my credit card people debit my bank account with my accumulated balance (so I do not pay any interest charges or fees!).

I see that Freedom to Choose have set up a system for persons who wish to use cheques. Use that system if you wish - I guess that it costs no more than a stamp!

Anonymous said...

I've just donated a fiver to Nicks cause. I am a non smoker however i think the smoking ban in pubs,clubs etc is a step too far and should be amended to allow for inside smoking areas. It's a disgraceful piece of oh so typical nanny labour dictatorship and its just one example of how under this government our freedoms and liberties are being eroded. Bring on the general election and lets get these power freaks out!!

Anonymous said...

Paypal worked fine for me yesterday.
Thank you for setting this all up OH and any oothers who helped.

adrian said...

OH you should maybe ask this guy what he wants done with this money, he might say give it to the missusI'll do the time, he might not want to give the stasi 5 grand.

I applaud what u do OH, If we are to win ALL freedom loving brits are going to have to work together, not as little factions.

Submariner said...

I'm in for a tenner.

Pat Nurse said...

Second donation done! Come on - almost there - just a biiit further...

anon said...

Me too, here is my second donation. I am so proud of what we have done so far...Lets show them we can do it !

Anonymous said...

Thick northern shit.

Anonymous said...

Don’t be fooled by the suit, tie and I’m a nice guy crap

I have met Nick Hogan on numerous occasions as a customer at the Swan With Two Necks Pub in Chorley. He is the biggest dick head you could ever wish to meet.

The pub is awash with UKIP literature Hogan tries to force down the customers necks. He is a very active UKIP zealot who flouts the law because he thinks he can, then complains about his civil liberties.

Don’t be fooled the guy is a prick

Donate away, the money is going to fruit cakes UKIP

Anonymous said...



King Karlos said...

That's another fiver on its way. By the way OH, can we claim gift aid back, wouldn't that be a delicious irony?

Pat Nurse said...

Good on nick hogan. I guess anon moaning about UKIP is from the fanatical BNP, criminal Labour, Con artists or the LimpDums.

I reckon the only dickhead here is you. Other pub customers of Nick's are singing his praises on FB.

By suggesting that these donations are going to UKIP makes you look really stupid - or is it that you are just running scared of the power of the people who stand behind Nick and his principles from whatever party they are aligned to?

Anonymous said...

Hey - WHERE IS the PAYPAL button??

Am I blind ... or did you get shut down?

American Smokers with Credit Cards want to Know!!!

(BTW, Great Work OH!)

marry said...

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Jimmy Freedom said...

***** For everyone in London who opposes the smoking ban : *****

Nick Hogan said...

Hi Guys & Gals,
As you have probably heard I am back home now, had a pint or two of Budweiser don't think I could do three. However before I go to bed I just had to say thank you to you all for your support!

Kindest regards,
Nick Hogan

Joop said...

Just like some others here, I'd like to donate some cash money.

Dissertation Writing said...

Smoking is not a good habit and I also don't like smoking.
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Torrent SE said...

The payment was really very high. It is a pity the man had to go to jail for such reasons. It seems to me the authorities are not just here. Well, I'm very sorry for the man, though I'm against smoking.

Medyum said...

The payment was really very high. It is a pity the man had to go to jail for such reasons. It seems to me the authorities are not just here. Well, I'm very sorry for the man, though I'm against smoking.

Marilyn Willis said...

Avoid the smoking as the smoking is dangerous for health.

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