Wednesday, 3 March 2010

++Smoking Barman Update++

Current donations £7571.98p
Target £8664.50p

Just to let you all know that much is happening behind the scenes as the Blogosphere attempts to get Nick Hogan released from a term of 6 months imprisonment for failure to pay fines imposed on him as the unpaid "controller of a space" where smoking took place.

The donation fund stands at over £6000 but we need to raise a little more to secure his release.

Anna and I are still researching whether his imprisonment as a registered bankrupt is in fact lawful. He attempted to pay the fines yet was financially unable to, so the system sent him to prison.

The Debtors Act 1869 abolished imprisonment for debt, although debtors who had the means to pay their debt, but did not do so, could still be incarcerated for up to six weeks.

In my research, I have noted the relevent paperwork which has thrown up a stunner. On page 23, the guidelines state:

In addition to the evidence of smoking taking place, the Courts have also indicated that they are taking into consideration the following matters:
• the number of occasions on which the council is able to demonstrate that information and advice on the smokefree requirements have been provided to the person in control;
• the failure by the person in control to take action after the receipt of such information and advice;
• public statements made by or on behalf of the person in control:
that they do not agree with or support the smokefree legislation;
• that they are actively campaigning against it; or
that they do not intend to do anything more than simply inform people that they should not smoke.

Officers of LACORS and the CIEH are continuing to closely monitor prosecutions and may be able to provide information on trends, levels of fines and costs, etc but not of course advice to councils in preparing their own cases. Of particular interest are those cases brought against repeat offenders which test the ability of the council to secure penalties prescribed in the legislation which will act as a deterrent against further offending as this information may be used to inform responses to further consultations by the Government.
So you can be imprisoned by New Labour for not agreeing with or supporting smokefree legislation. Nice.

Please donate using the paypal button on the right hand side and let us quickly secure the release of a man who has been imprisoned for his views.


Dominic Allkins said...

Just added a tenner to my earlier donation to keep the momentum up.

Keep digging OH and Anna.


RantinRab said...

Keep up the good work.

Anonymous said...

Keep up the good work. However I think a huge unruley mob armed with pitchforks and clubs descending on the fascist cunts in Westminister would be preferable.

Gobshite said...

How about saying:

"By law, I have to tell you to stop smoking. But, if you continue to smoke, it is within the law to do so."

Anonymous said...

Brilliant work, OH!

pygout said...

Just thrown a couple more squids in the pot.

bofl said...

just how many shit laws with 'catch all' clauses are there?

our effing useless mps were all too busy stuffing their bank accounts to actually read what they were legislating on........

more kafka-esque every day!

Anonymous said...

Just put in another £10. Sorry it's not more but I'm an OAP (and not one of the rich ones, unfortunately).

Ron Broxted said...

The non payment of fines issue, depends where you are in the U.K. Norn Iron seems quite serious over it "7 days at HMP Maghaberry per £100 outstanding". As for Hampshire a guy was fined £1000 for D&D plus other issues and paid off £500 with eight quid, the other £492 written off. There are "political" elements to Mr Hogans incarceration.

Cold said...

Whilst it is possible to imprison a fine defaulter the courts would be unlikely to accept the argument that an undischarged bankrupt cannot pay a fine if he has somehow acquired the means to do so as this is a debt to the Crown rather than to an ordinary class of creditor.

As for the question of imprisonment of bankrupts - this is a lose-lose as bankrupts can be imprisoned for failing to do what the Official Receiver tells them.

Sorry to not be the bearer of better news.

I am Sick said...

Whatever you do, please consider not paying the fine with any money. This is entirely what they want you to do.
Starve the beast anyway you can. Make them realise that enforcing their laws, costs them money and not makes them money.
The costlier it becomes the more reluctant they will become to enforce their laws on us.

Do not pay fines.

Anonymous said...

Do NOT pay any fines!

And do NOT use PAYPAL - biggest ripoff eva!

Sir George of Formby said...

Im sure Nicks big enough to do the time. Paying the fine is outrageous!
A total waste of individuals money.

If you pay this, whats stopping them picking on someone else, especially when such good spirited people come to the rescue.

It amounts to HOSTAGE takin'
Do NOT give them the CASH.

Spartan said...

But it is better to have access to the cash to pay the fine if you so wish. Seeing as the cash isn't actually yours but can be used on your say so to pay the fine ... it makes a bigger impact.

lt's saying l can pay you if l wanted but you can fuck off!

AndrewWS said...

"Officers of LACORS and the CIEH"

Who and/or what are LACORS and the CIEH? More quangos?

Katabasis said...

Not that I'm complaining, but why has the target amount come down from 10k? Is there an angel out there promising a certain amount of matching funds?

Old Holborn said...

There might be....

Old Holborn said...

TSI and CIEH are not government departments, they are not publicly owned and appear to be lobbyists

Anonymous said...

Happy days, well on course.

I hope he skips out in time for the election campaign, and is vocal about his treatment, so Labour can have their authoritarian shit-eating smiles wiped right from their fucking faces.

I am Stan said...

To whom should an email of protest be sent?

Anonymous said...

I hope he skips out in time for the election campaign, and is vocal about his treatment, so Labour can have their authoritarian shit-eating smiles wiped right from their fucking faces.

Makes no Diff... the Tories would have banged him away also. So it aint just a zanulab thing - we'll see this shit continue under the Cameroons.

Anonymous said...

Meanwhile, the state is on the attack via it's mealy BBC mouthpiece:
Ms stuck-up busybody gets thrown off platform for attempting to stop eeeevil Smoker having a puff outdoors, dirty Smoker of terror imprisoned for 3 years:

Who's the victim of what here then...?

Anonymous said...

Remember the management consultant who asked two guys to stop smoking on the OUTDOOR railway platform and was pushed by one of them?

He's just gone down for four years. I don't condone what he did (although it seems to be a moot point whether she overbalanced and fell onto the line and I've read that he tried to help her up) but isn't four years excessive? Another case of smokers being made an example of?


Anonymous said...

Just checked Nick a tenner. Its a good cause

george cross said...


another absolutely disgraceful miscarriage of justice. the guy was only defending our freedom of smoke against the fiery-forked tongue-lashing administered by this self-appointed dragon-of-state - if the train had come on time, england would have had a brand new patron saint. the man's a fucking hero, and an immigrant too - who said eastern europeans don't contribute anything to british society? now how about setting up a free-the-foreign-feller-fund - or are you a racist, holborn?

bofl said...

First they came for the communists, and I did not speak out—because I was not a communist;
Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist;
Then they came for the Jews, and I did not speak out—because I was not a Jew;
Then they came for me—and there was no one left to speak out for me.

the uk is sinking to new depths every day.people are so conditioned they dont even realise it!

don't say this/don't do that....

all made legal by the biggest bunch of cunts to ever sit in the hoc.......

and will carry on if the tories win because they are mostly useless twats too!

ps wouldnt the court accept the money already raised if he promised to pay the balance with £1 per week taken from his jobseekers allowance?

get the man out of jail please.

bofl said...

pps...........if it costs £300/400 per week to keep someone in then wouldnt the judges be doing the counrty a service by accepting the money now?

if the uk bargains with the taliban and the ira then they can bargain with nick too!

So you think EU Dave will be different? said...

New racist Tory poster revealed -

spark up said...


ah there you are, old ho, just the person i wanted to see - thought you'd been bunged in the soundproof hole aswell...but no doubt you were just busy moonlighting over on guido, while i (sincerely) agree that this is a sexy smouldering story and that mr hogan could well be the light, the secondary fuming, and could usher in judgement-day for this god-forsaken government, i am perplexed by your reticence on the subject of daniel houghton, the british secret intelligence service agent who has been arrested and charged with selling details of highly sensitive surveillance techniques to an unnamed foreign power. i know that you top-blogging guys are loathe to speak about the eavesdropping and illegal surveillance which is now rife in the political cyber-village, but isn't it about time this shadowy charade is exposed? surely this must be a stunt by a uk government which is desperate to explain why uk political bloggers have been subjected to increasingly intensive snooping, spooking, manipulation, and even medication, over the past few years. the point is this - my mobile's been eavesdropped and tracked since early 2006, which predates mr houghton's employment in who's actually been carrying out this illegal surveillance? looks like an inside job...seems to me as if the cia-mi5 counter-freethink operation is about to be blown blue-sky-high and they're slyly attempting to palm the cyber-snooping scandal off onto private investigators who've been leaked hush-hush electronic hacking techniques, supposedly without official authorization. don't believe a word of it. as far as i can tell, these 'secret' surveillance tecniques have been in the public domain for some time, and mi5 and the cia have been quite comfortable with this state of affairs - in fact, they may well have deliberately sanctioned the 'leaks'...the guys who are earwigging political writers are not just independent commercial investigators hired by newspapers and bloggers, they're fully under cia and mi5 control. now how does dirty rotten cia slag paul staines fit into all this?

dave "the dachshund" cameron - obama's loyal servant in waiting said...


it's pretty certain that the obama-friendly conservatives have been involved in this spookfest then? it's murdoch's people who have been hiring some of these dodgy private investigators - so too tory-pally bloggers like paul staines, apparently...have the conservatives been running a political cyber-surveillance operation for the cia, without prime minister brown knowing? who the fuck's controlling our intelligence agencies, mi5 and mi6? the cia, the conservative party, our government, or some other government?

Puff the Magic Dragon said...

This idiot tried to confront the law and then to compound his arrogance refused to pay the fine imposed.
Only an imbecile would think that one man could face down the system. Murder,rape and pillage is one thing,but hold the judiciary in contempt gets right up their goat.
I'm a chain smoker and as much as i understand others railing against what they see as injustice his fuck you stance could only lead one way. That's not the way to fight back.

dog-shrink said...


oh my god, we're gonna get another schizo prime minister like blair. talking about oneself in the third person - the first sign of megalomania.

the suicide smoker said...


no, you're absolutely right - a fag in one hand and an improvised nuclear deterrent in the other would have been a far more effective method of achieving legislative change.

i'm getting fucking sick of this said...

which of you cunts is sending me this shit, old holborn?

Flag this message=*= Today 70% OFF

For............. =*=

Wednesday, 3 March, 2010 20:39

From: "Best Online ED Shop" Add sender to ContactsTo: ............

Use your discount here

iyqejisa toiviogan ioof teaze
aeziquxaf dume hiougefaqa upul
iseo imusequpi wikodyjagi yxozyvucia
pynenetizo iafo saidyv ysuam
ohyriaqi qebukuuger viuzod ovide
aseoom edope gekelyfebu iuvatec
qicidu nacojiju nyguuhoe ikizelowiw
aohuumoj awiguuo yhojegybu ryjim
awugegafek yanotyb ohiwawaped inyj
iicy ueeheseo uxavihi iguxy
ytypyoug ebuqeiavav peuzeiakaw uqiaas
gutydu ebifiipotu pamyl yraeyp
lucay usifonowob lery gikinyzeke
iqofuge uofewuhe uwecoior akapefype
owum eqesylo yaemyy fiyzezap
inygejueb ygabud ofoanyir olewyr
porekio vajij tylayja oairawoxyc
ceysivaw ajiia ecugacyz uymu

Puff the Magic Dragon said...

Trying to nut the law is like banging your head against a brick wall.
Only one side feels the pain.

desperate dave lammy said...


i helped the cia, i laid down the red carpet for obama, the blue carpet for cameron - and now dave's promising i can be home secretary in his new government...that's the wonder of a hung need to defect...openly...

Dick Puddlecote said...

For anyone wondering why Hogan didn't attempt lawful channels, this is what happens when you do.

Your local MP ignores you as your predicament doesn't fit in with their party policy.

If anyone ever tells you we live in a democracy, they are woefully naive.

shabeenseen said...

time you whiteys got enterprising yo ting

BrianB said...

Just paid in £50.

Happy to support Nick Hogan.

I met him just before the ban became law. His determination was clear then, so no surprise he has seen it through this far.

He deserves all the support.

nick the nico-rebel of bowland forest said...

over 6 grand, thanks guys. i'm looking forward to checking into the priory for intensive ciggy rehab...and a barful of bevvies

Junican said...


Anyone can go to court and pay another person's fine. Fine paid, prisoner released. Get it? Obviously, in this case, better to get Nick's solicitor to advise best precedure.


There is an ancient, ancient principle, and that is, "I am not my brother's keeper". That means that one does not have to take responsibility for what other people either do or do not do.

That is what is wrong with the smoking ban and what Nick has made sacrifices for. He refused to be his brother's keeper. The State has no right to force us to make another person either do or not do anything. If the State wishes to force people to do or not do things, then it must have a police force or army to do it.

This question must be addressed, but in the absence of a real political opposition, who is going to do it?

I believe that when the Health Act 2006 was passed, MPs had not really studied what they were passing and probably had no idea that they were infringing the principles of natural law. But, of course, they cannot possibly admit that they knew nothing. Having said that, I must admit that the above thought has only just occurred to me. It is very easy not to see the wood for the trees.

Natural law and Christian belief requires that one helps a fellow human being when he is in trouble. This is the whole reason that, in war, enemy soldiers who are wounded and captured are treated rather than polished off. However, natural law and Christian belief does not require one to risk one's life and well-being to FORCE another person to behave in a particular way. That course of action is the purpose of WAR.

Anonymous said...

Interesting comment.
Forcing people being against their will into working as Blockwarts, and on their own property, is even way beyond what the NAZI party did.

Anonymous said...

Every landlord in the country should ring up the police every single night to inform them people they don't recognise are smoking on their premises and will not stop when asked.
The "smokers " will not be there of course when the police arrive and the landlord is doing his civic duty. Let's see how long the goverment allow thousands of man hours to be wasted in this manner.

The Great Simpleton said...

Very interesting point from Junican. Perhaps this should be raised with our MPs.

Its a bit late now but it would have been interesting to know the split of donaters between smokers or non-smoker.I'm a non-smoker of 26 years standing and was proud to donate.

richard said...

Robert Maymard covers this, if you receive an order and provide the goods or services, you are entitled to payment. Who is paying the landlords when they have been ordered to perform a job ie protecting the respiratory health of customers by enforcing the law? Invoice the people giving the order - being forced to work for nothing is unlawful. No payment, no service!

British bloke said...

USA industrial petro dictatorship eyes Falklands oil deal with....."Argentina"

Special relationship?

macbrack said...

I, Jonathon Carr-Brackenbury, DO NOT agree with the No Smoking in Public Places Legislation...I ignore it as much as I can !!!! now please come and arrest me.!!!

However, a site/Blog sponsored by Old Holborn will not be taken seriously....think again about how to get the message across please.

Anonymous said...

Wonder what the Righteous will do about this?

Anonymous said...

It's quite simple to get the message across:
Smoke in public places. If someone asks you to stop, then either comply or get them on your side by informing them that you're mainly doing it as a protest against the Stasi state and it's not personal.

If the smoke genuinely bothers them, then it's only polite that you go somewhere it doesn't, or put out the fag.

I smoke on railway platforms (away from non-smokers in the open air) and only once has anyone commented. He happened to be an off-duty railway employee and turned a blind eye in support.

bofl said...

i mentioned a few weeks ago that eventually someone would be killed due to these stupid laws and it seems that we nearly had our first victim being pushed under a train.....

at Kent's Farningham Road station in August 2008.

imho this woman was stupid to provoke this guy..sure he was smoking.but it was outside on a long platform where she could easily have walked away.perhaps common sense/discretion could have beeb used?

this is 21st century britain where looking at someone can get you stabbed or shot!

she told him that 'she didnt like the smell of cancer'.!!!!

well my dear-if you are so incensed why not go after the govt. and the tobacco companies who have known since the 1960's that smoking causes cancer?

rather oddly the vested interests dont give a suff about you love......

i was recently in my local co-op.....a man off 22 was prevented from buying 4 cans of lager-no i.d. and he didnt 'look' 500 years old.
a few minutes later his father appeared......the shop girl aged about 18 had to tell him that she couldnt sell him the beer because it was for his son!

he said.FFFFFFFF me!!!!!!!!!

a manager was called.the man left....the shop girl was comforted by another 18 year old assistant..

apparently it happens all the time.....someone is going to be killed for upholding a stupid law while our mps are quaffing subsidized drinks and smoking in the hoc.

Matt Clarke said...

Twenty quid from me.

I hate the hypocrisy being spouted by this government!

On one hand they ban smoking in public places and then rake in a load of tax from smokers.

Best wishes to Nick, and well done to yourself and to Anna for running this campaign.


Anonymous said...

Technical point:

Even if one has a lit fag in their hand you are only smoking if you actually put it in your mouth and have a drag.

IOW.: non-smokers could light fags in protest without smoking them at all. (Just don't put them in your mouth when you light them.)

A lit cigarette doth not constitute a smoked cigarette.

If a cigarette is burning and there is no one there smoking it, does it mean it's being smoked?

Pat Nurse said...


Anonymous said...

Put a sticker over the "it is against the Law bit" saying "I am grudgingly obeying a bad law". Do it from the outside. Do it to as many pubs as you can (I'm spartacus defence). Take a picture. Put that in a flickr. Instant propaganda.

Anonymous said...

I am skint, spending fortunes fighting for my son in the family courts, but i found a tenner. Good luck .

Captain Ranty said...

What a fantastic display of generosity!

I agree with Pat, you are all heroes.

Apart from the usual naysayers. You can all eat shit and bark at the moon.


Anonymous said...

Just over £1K short! I've made another donation.

I'd love to see Witchfinder Arnott's face (I mean her expression)....


Captain Ranty said...

Good on you Jay.

Just bunged another donation in.

It would be great to get him home for the weekend.


scorpy66 said...

Me too for a second donation.

Are we nearly there yet, OH? ;)

Anonymous said...

Come on guys ... wake up.
If this guys a Bankrupt, then any "TRANSACTIONS" have to go via the OFFICIAL RECEIVER.

Old Holborn said...

1. Any monies paid will be paid to release him from Prison. To the prison. In cash. - It is what the court and prison demand

2. Not one single penny will go to UKIP or the official receiver

3. Yes, we are almost there. Guido did Nick a massive favour by posting a link today and I am confident

4. There is no secret agenda. Anna and I will be freeing a man from prison and returning his liberty thanks to the generous donations of the blogosphere.

5. Nobody is making a penny out of this and nobody is going to hijack this.

I thank you all for your support

stevie said...

Have a tenner then. Money well spent. This shite law is due for review in june. Lets hope somebody grows some balls to challenge it.

Gandhi said...

In other news...
Gandhi Speaks!: EDL vs UAF, London

Anonymous said...

Dear Mr B’Stard

“Legal tender has a very narrow and technical meaning in the settlement of debts. It means that a debtor cannot successfully be sued for non-payment if he pays into court in legal tender. It does not mean that any ordinary transaction has to take place in legal tender or only within the amount denominated by the legislation. Both parties are free to agree to accept any form of payment whether legal tender or otherwise according to their wishes. In order to comply with the very strict rules governing an actual legal tender it is necessary, for example, actually to offer the exact amount due because no change can be demanded.
The amounts for legal tender are stated below.

Coins are legal tender throughout the United Kingdom for the following amount:
£5 (Crown) - for any amount
£2 - for any amount
£1 - for any amount “

A one pound coin weighs 0.335102 oz.
8,664 pound coins weigh approximately 2,903 oz
or about 181 and a half pounds avoirdupois, allowing for the 50 pee
or about 12st 13lbs – appropriately, about the weight of a man (me, fully clothed).

The debt can therefore be settled by the weight of a man in pound coins, which legally would have to be accepted. Counting them out one at a time from a wheelbarrow would be interesting.

From the quote above: “Both parties are free to agree to accept any form of payment whether legal tender or otherwise according to their wishes.”

You now know how to start the alternative economy, free of banks. You can use anything: cowry shells, fey, beads, beans, IOU’s, promissory notes, bills of exchange, chunks of silver, gold, platinum, bottles of gin, foreign currency notes, electronic bits on a computer or written entries in a ledger. You would still have to pay tax on any profit and other income which exceed your personal allowance.


Anonymous said...

PS Unless you are a freeman on the land or in lawful rebellion of course DP

the pragmatic polecat said...


There is an ancient, ancient principle, and that is, "I am not my brother's keeper". That means that one does not have to take responsibility for what other people either do or do not do.

right, that's why we don't have to do fuck to keep mr hogan, inside or out. unfortunately the government are making us pay to incarcerate the guy and then keep him on welfare after he is released. utter bollox. get the fucking ukip-toting twat out of the hotel as soon as fucking possible.

mrs shitemeter said...


3. Yes, we are almost there. Guido did Nick a massive favour by posting a link today and I am confident

oh dear, it must be hell tidying up after all the traffic. you poor thing.

handpump said...


so what you gonna do when you get him home ranty?

Captain Ranty said...


I will celebrate the great victory that generous bloggers and their terrific readers have achieved. Then I'll do what I've been doing since December 2005.

I'll continue to fight until this childish, unfair, scientifically baseless statute is reformed or repealed.

Progress is slow but we triumph now and then. We prove them to be liars every other week. Smoking prevalence always increases when bans are introduced. Heart attacks are never lowered. And they always over-reach. Then their own fans start to say "Enough is enough".

We will win in the end because all puritanical phases end eventually. They roll around every 80 years or so and last for a decade.


kynon said...

Lifetime non-smoker, and my tenner just went into the pot as well.

I'm getting seriously fed up with this - it would seem the only evidence of a trickledown effect we see is that of the shite dropping down from on high!

Anonymous said...

To an earlier poster, many people HAVE died because of this law. There have been several but the most recent one sticks in my mind as it was the most obvious smoking-ban related one, yet it wasn't mentioned in the news reports (surprise!). An 18 year old gay squaddy was beaten to death by a gang of thugs as he had a cigarette outside a gay bar. If he had been allowed to smoke inside he would have been safe. But of course, what did the Puritans think would happen? There are still a lot of homphobic mongs around - I know, let's make them stand in the street outside their favoured bar! They may as well have a sign around their neck saying, "I'm gay - beat me up!". But there are others. My own second cousin was murdered outside a pub last year. A psycho had been eyeing her up all night and followed her outside when she went for a fag. This was in a leafy, suburban town. The guy was a genuine nutcase and would have killed someone at some point, but he only killed her because she left her husband and friends inside the pub. Then there was the ex-boxer who was shot after asking some gangster to put out a fag - no law, no need to ask. Honestly, there are loads of them - just keep an eye out for attacks outside pubs during opening hours.

By the way, drink spikings have increased, too. Stupid, malicious haetful fucking law. And all based on junk science, too, which makes it even more intolerable.

Anonymous said...

I can't find the bloody paypal is it????

Anonymous said...

In other words landlords keep your gobs shut..

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