Crime Solicitors

Islington Council in north London has prosecuted the owner of a shisha café, which has breached the smoking ban for the third time.

Brawen Mengesha, 28, of Wakefield Road in Tottenham, north London is owner and manager of Gifa Café at 191 Seven Sisters Road – the café supplies customers with hookah waterpipes filled with shisha tobacco.

On 7 June 2015, Trading Standards Officers from the council’s Public Protection team inspected the business and found evidence of three offences, including three customers smoking shisha in a totally enclosed downstairs room against current law which imposes a ban on smoking in enclosed spaces.

Trading Standards officers also found no health warnings had been placed on the waterpipes – under current legislation, they should carry similar warnings to cigarettes if a tobacco product is being smoked.

There were also no notices on display advising that persons under 18 would not be sold tobacco products.

Mr Mengesha was not on the premises at the time of the inspection, but could not show any evidence of reasonable precautions to prevent the offences being committed.

In June 2012, Mengesha had pleaded guilty to allowing smoking in a smokefree premises – and in February 2014, he was convicted of three similar separate offences.

On the latter occasion, he was fined £1,050 and required to pay costs and victim surcharge totalling £2,311.20.

In the latest case, Menesha pleaded guilty to a breach under the Health Act 2006, Section 8 (4) for allowing smoking in a smokefree premises. At Highbury Magistrates’ Court, he received a £250 fine.

He also pleaded guilty to breaching the Consumer Protection Act 1987, Section 12(1) and a breach of the Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002 (as amended), by failing to display health warning on a retail tobacco container. He was also fined £250 for this offence.

Menesha also pleaded guilty to breaching the Children and Young Persons (Protection from Tobacco) Act 1991 (as amended), Section 4 (4) – he was not given a separate penalty for this offence.

However, he ordered to pay a victim surcharge of £25 and council costs of £540.

After sentencing, Islington Council's executive member for health and wellbeing, Councillor Janet Burgess said:

“The defendant has persistently ignored council advice and allowed smoking in enclosed spaces, contrary to the smokefree laws.

“If businesses illegally endanger the health of staff and customers, they are liable to prosecution – and repeat offences may lead to repeat convictions”.

Duncan Lewis Criminal Solicitors

Duncan Lewis criminal solicitors can advise at any stage of a public protection offence, including charges relating to breaches of smoking laws, health and safety breaches, food hygiene breaches, selling knives to underage customers, selling counterfeit alcohol or tobacco, fake goods, weights and measures offences, mislabelling offences, and selling defective produce.

There are Duncan Lewis offices nationwide – and a criminal defence solicitor can attend interviews with prosecuting authorities such as the police, local council, Border Force or Environment Agency.

For expert legal advice on public protection offences, call Duncan Lewis criminal solicitors on 0333 772 0409.