Shisha bar in trouble for breaching smoking ban

10:20am Friday 4th January 2013 in Castle Point

"Honest living" - Mist Lounge shisha bar owner Feroz Khan is under investigation "Honest living" - Mist Lounge shisha bar owner Feroz Khan is under investigation

A SHISHA pipe smoking bar could be shut down... for breaching the smoking ban.

Owner Feroz Khan, 27, opened the Mist Lounge in November hoping to bring the shisha cafe culture to Hadleigh.

But Mr Khan is now under investigation by Castle Point Council, trading standards, environmental health officers and even the police.

However, Mr Khan claims he is being “harassed” by the council and that his business is going up in smoke because of it.

He said: “I am just trying to make an honest living. We have done absolutely everything to comply with the council’s demands and it just seems like they want to do everything in their power to shut us down.

“Before starting up we did a huge amount of research about what the council would require from us, and have taken extreme caution in everything we have done.

“They must’ve come in about eight times with four or five police officers. Its driving away our customers, how is a new business supposed to survive with this level of interference?”

Worried residents and businesses owners were left stunned when a shisha pipe smoking bar was opened overnight inside a marquee tent along London Road.

The council has now served an enforcement notice on the premises alongside police, requesting the owners apply for planning permission within the next two months.

Trading standards and environmental health officers are also investigating the shisha bar, as the current layout of the premises means they are breaking UK smoking laws.

The owners have already been served with three fixed penalty fines for allowing smoking to take place on the site.

The council has also served a precautionary noise abatement notice following complaints from residents that loud music was being played through the night.

A spokesman for the council said: “Since the opening of the Shisha Bar it has been necessary for Officers from four of the Council’s departments to visit – the council tax, planning, environment and licensing departments. The Council officers have been accompanied by the police – in the case of visits from the licensing officers this was a joint visit with the Police licensing officer.

“We have issued three fixed penalty notices on the owners for allowing smoking to take place on the premises. This was only after the owner had ignored advice from the Council as to how he could carry out his business without breaking the law. We have no record of the owner seeking planning advice from the Council before the building opened and no planning application has been received.”

Shisha is a type of syrupy tobacco which can come in a variety of flavours and is legal to smoke in the UK.

Mr Khan says he is now considering taking legal action against the council.

He added: “We’ve opened the tent up more, we’ve put up no smoking signs, we make sure we’re shut by 11pm and with regards to noise, the traffic from London Road is louder than our music. We’re being so cooperative but they just want us out.”

Comments(39)

Carnabackable says...
11:47am Fri 4 Jan 13

Shut it down...

Report this post »

andy:) says...
12:54pm Fri 4 Jan 13

Well..unlike the above I wouldnt just say 'shut it down' as a knee jerk reaction BUT it does appear that the owners havnt thought this 'business' through, the issues of smoking and the law even in a covered tent/marquee was bought up before in a previous story..unless people are genuinelly standing outside then smoking is still illegal. The fact that they have no planning permission is surely a concern and the issues of noiuse are also a worry, saying that 'traffic is louder' is hardly addressing the issue. I fail to see how this business can continue plus bear in mind is there really a market for it..in Hadleigh !?

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OldFairfaxian says...
12:55pm Fri 4 Jan 13

Smoking is banned in any confined public space. Why should these people think they are a special case and above the law?

Report this post »

Brunning999 says...
2:00pm Fri 4 Jan 13

How can you be possibly be harassed when the Police and Council are just enforcing our laws?

Report this post »

onorris24 says...
2:03pm Fri 4 Jan 13

Well, the whole of hadleigh is is being regenerated and the the shisha bar obviously isnt the kind of thing the council want so they're going to try and remove it, clearly...

Report this post »

notinwestcliffanymore says...
2:06pm Fri 4 Jan 13

SITE FOR FLATS..

Report this post »

hesmrknowitall says...
2:15pm Fri 4 Jan 13

Kick them out turn it into another Take Away!!

Jesus, the only people going in there are the ones who want to smoke, don't let the nanny state corrupt your free thinking mind - our relatives thought for this countries freedom

Report this post »

OldFairfaxian says...
3:15pm Fri 4 Jan 13

Not a question of a nanny state, the point is it's illegal. You can't pick and choose which laws you obey.

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hesmrknowitall says...
3:42pm Fri 4 Jan 13

The law says you can't smoke in a public place, surely this would be considered a private place where people go TO smoke.

Yes to the letter of the law it is illegal, but as they say, sometimes the law is an ****

Report this post »

whataday says...
4:08pm Fri 4 Jan 13

If they had done so much research how come they have ignored the law of the land about smoking.

As other posters has said there are No Smoking laws in England. These laws of the land apply to everybody here living here. Just hope the owners aren't trying to come out with the old codswallop they're being "harassed" because of their race because they're not they are being treated equally. They are being expected to comply with the law of the land.

If they want to flout the law then they must expect the circumstances

Report this post »

soul man says...
4:29pm Fri 4 Jan 13

its a smoking bar, where one goes to smoke, so how come they were given a license to begin with, some idiot didnt realise the smoking laws, this is not the far east, well actually it may, the far east of essex

Report this post »

firedog says...
4:52pm Fri 4 Jan 13

They sound like a load of puffs to me.

Report this post »

Letmetryagain says...
4:59pm Fri 4 Jan 13

It's surprising that they haven't played the "racist" card yet.

Report this post »

mikepaterson says...
6:06pm Fri 4 Jan 13

soul man wrote:
its a smoking bar, where one goes to smoke, so how come they were given a license to begin with, some idiot didnt realise the smoking laws, this is not the far east, well actually it may, the far east of essex
You do not need a license to sell the tobacco, so they weren't given one.

They are allowed to sell tobacco to those old enough to smoke at their own homes or in open spaces, but not in confined public places such as a marquee.

Nice try boys, but if you rae trying as you say "to make an honest living" then you need to do it legally.

Report this post »

John T Pharro says...
7:15pm Fri 4 Jan 13

Mr Khan you cannot "make an honest living" neither have you "done everything to comply with the council's demands" when you totally failed to apply for planning permission in the first place.
I just hope you are billed and paid for all the expenses this has incurred.
That is before we even enter the area of whether what you are doing is legal or not. Plus is your company or you actually registered and if so what as? From what I have read you are supplying tobacco and that requires a licence to sell.

Report this post »

John T Pharro says...
7:20pm Fri 4 Jan 13

hesmrknowitall wrote:
The law says you can't smoke in a public place, surely this would be considered a private place where people go TO smoke.

Yes to the letter of the law it is illegal, but as they say, sometimes the law is an ****
Actually you can smoke in a public place, you cannot smoke in business premises or places of work.

Report this post »

Carnabackable says...
11:54pm Fri 4 Jan 13

John T Pharro wrote:
hesmrknowitall wrote:
The law says you can't smoke in a public place, surely this would be considered a private place where people go TO smoke.

Yes to the letter of the law it is illegal, but as they say, sometimes the law is an ****
Actually you can smoke in a public place, you cannot smoke in business premises or places of work.
Wrong again..why do you think there are NO SMOKING signs at a bus stop? because there members of the public congregate by them, clear ....

Report this post »

bumper says...
12:35am Sat 5 Jan 13

about time law is law i like to see the person or persons who give planing
in the first place find and sacked
for allowing it in the first place to open...

Report this post »

bumper is a .... says...
1:03am Sat 5 Jan 13

smoking ban! oh yeh, didn't think of that!

Report this post »

Brunning999 says...
2:01am Sat 5 Jan 13

If they like the idea so much try a flight with Easy Jet on a one way ticket!

Bye !

Report this post »

John T Pharro says...
2:07pm Sat 5 Jan 13

Carnabackable wrote:
John T Pharro wrote:
hesmrknowitall wrote:
The law says you can't smoke in a public place, surely this would be considered a private place where people go TO smoke.

Yes to the letter of the law it is illegal, but as they say, sometimes the law is an ****
Actually you can smoke in a public place, you cannot smoke in business premises or places of work.
Wrong again..why do you think there are NO SMOKING signs at a bus stop? because there members of the public congregate by them, clear ....
Parks and streets are all public places and you are allowed to smoke up in them. It is entrances to shops, bus shelters, (not bus stops in the open hair) hospital and health center grounds and football grounds that you cannot smoke in. That is why you see people smoking outside cafes on the pavements. Not wrong just your usual pendantic reply and your obvious dislike of Canvey and everyone living there.

Report this post »

John T Pharro says...
2:13pm Sat 5 Jan 13

John T Pharro wrote:
Carnabackable wrote:
John T Pharro wrote:
hesmrknowitall wrote:
The law says you can't smoke in a public place, surely this would be considered a private place where people go TO smoke.

Yes to the letter of the law it is illegal, but as they say, sometimes the law is an ****
Actually you can smoke in a public place, you cannot smoke in business premises or places of work.
Wrong again..why do you think there are NO SMOKING signs at a bus stop? because there members of the public congregate by them, clear ....
Parks and streets are all public places and you are allowed to smoke up in them. It is entrances to shops, bus shelters, (not bus stops in the open hair) hospital and health center grounds and football grounds that you cannot smoke in. That is why you see people smoking outside cafes on the pavements. Not wrong just your usual pendantic reply and your obvious dislike of Canvey and everyone living there.
Should have said open "AIR" of course not hair.

Report this post »

andy:) says...
3:28pm Sat 5 Jan 13

hesmrknowitall wrote:
The law says you can't smoke in a public place, surely this would be considered a private place where people go TO smoke.

Yes to the letter of the law it is illegal, but as they say, sometimes the law is an ****
No it doesnt !. You cant smoke in workplaces, private or public.

Report this post »

Carnabackable says...
4:31pm Sat 5 Jan 13

John T Pharro wrote:
John T Pharro wrote:
Carnabackable wrote:
John T Pharro wrote:
hesmrknowitall wrote:
The law says you can't smoke in a public place, surely this would be considered a private place where people go TO smoke.

Yes to the letter of the law it is illegal, but as they say, sometimes the law is an ****
Actually you can smoke in a public place, you cannot smoke in business premises or places of work.
Wrong again..why do you think there are NO SMOKING signs at a bus stop? because there members of the public congregate by them, clear ....
Parks and streets are all public places and you are allowed to smoke up in them. It is entrances to shops, bus shelters, (not bus stops in the open hair) hospital and health center grounds and football grounds that you cannot smoke in. That is why you see people smoking outside cafes on the pavements. Not wrong just your usual pendantic reply and your obvious dislike of Canvey and everyone living there.
Should have said open "AIR" of course not hair.
Another mistake, you make a lot don't you....

Report this post »

John T Pharro says...
5:07pm Sat 5 Jan 13

Carnabackable wrote:
John T Pharro wrote:
John T Pharro wrote:
Carnabackable wrote:
John T Pharro wrote:
hesmrknowitall wrote:
The law says you can't smoke in a public place, surely this would be considered a private place where people go TO smoke.

Yes to the letter of the law it is illegal, but as they say, sometimes the law is an ****
Actually you can smoke in a public place, you cannot smoke in business premises or places of work.
Wrong again..why do you think there are NO SMOKING signs at a bus stop? because there members of the public congregate by them, clear ....
Parks and streets are all public places and you are allowed to smoke up in them. It is entrances to shops, bus shelters, (not bus stops in the open hair) hospital and health center grounds and football grounds that you cannot smoke in. That is why you see people smoking outside cafes on the pavements. Not wrong just your usual pendantic reply and your obvious dislike of Canvey and everyone living there.
Should have said open "AIR" of course not hair.
Another mistake, you make a lot don't you....
What a pathetic reply. You were proved wrong about not being able to smoke anywhere in public, but of course you are never wrong are you?

Report this post »

Carnabackable says...
5:12pm Sat 5 Jan 13

John T Pharro wrote:
Carnabackable wrote:
John T Pharro wrote:
John T Pharro wrote:
Carnabackable wrote:
John T Pharro wrote:
hesmrknowitall wrote:
The law says you can't smoke in a public place, surely this would be considered a private place where people go TO smoke.

Yes to the letter of the law it is illegal, but as they say, sometimes the law is an ****
Actually you can smoke in a public place, you cannot smoke in business premises or places of work.
Wrong again..why do you think there are NO SMOKING signs at a bus stop? because there members of the public congregate by them, clear ....
Parks and streets are all public places and you are allowed to smoke up in them. It is entrances to shops, bus shelters, (not bus stops in the open hair) hospital and health center grounds and football grounds that you cannot smoke in. That is why you see people smoking outside cafes on the pavements. Not wrong just your usual pendantic reply and your obvious dislike of Canvey and everyone living there.
Should have said open "AIR" of course not hair.
Another mistake, you make a lot don't you....
What a pathetic reply. You were proved wrong about not being able to smoke anywhere in public, but of course you are never wrong are you?
Im always wrong when I converse with a Canveyite, lets me know Ive taken a bad route.

Report this post »

John T Pharro says...
6:22pm Sat 5 Jan 13

Carnabackable wrote:
John T Pharro wrote:
Carnabackable wrote:
John T Pharro wrote:
John T Pharro wrote:
Carnabackable wrote:
John T Pharro wrote:
hesmrknowitall wrote:
The law says you can't smoke in a public place, surely this would be considered a private place where people go TO smoke.

Yes to the letter of the law it is illegal, but as they say, sometimes the law is an ****
Actually you can smoke in a public place, you cannot smoke in business premises or places of work.
Wrong again..why do you think there are NO SMOKING signs at a bus stop? because there members of the public congregate by them, clear ....
Parks and streets are all public places and you are allowed to smoke up in them. It is entrances to shops, bus shelters, (not bus stops in the open hair) hospital and health center grounds and football grounds that you cannot smoke in. That is why you see people smoking outside cafes on the pavements. Not wrong just your usual pendantic reply and your obvious dislike of Canvey and everyone living there.
Should have said open "AIR" of course not hair.
Another mistake, you make a lot don't you....
What a pathetic reply. You were proved wrong about not being able to smoke anywhere in public, but of course you are never wrong are you?
Im always wrong when I converse with a Canveyite, lets me know Ive taken a bad route.
Usually every time you post and having seen the comments you make about other people's posts on other matters it shows just what you are like. Just like your grammar in your last post here, wrong more than once.

Report this post »

Carnabackable says...
7:40pm Sat 5 Jan 13

John T Pharro wrote:
Carnabackable wrote:
John T Pharro wrote:
Carnabackable wrote:
John T Pharro wrote:
John T Pharro wrote:
Carnabackable wrote:
John T Pharro wrote:
hesmrknowitall wrote:
The law says you can't smoke in a public place, surely this would be considered a private place where people go TO smoke.

Yes to the letter of the law it is illegal, but as they say, sometimes the law is an ****
Actually you can smoke in a public place, you cannot smoke in business premises or places of work.
Wrong again..why do you think there are NO SMOKING signs at a bus stop? because there members of the public congregate by them, clear ....
Parks and streets are all public places and you are allowed to smoke up in them. It is entrances to shops, bus shelters, (not bus stops in the open hair) hospital and health center grounds and football grounds that you cannot smoke in. That is why you see people smoking outside cafes on the pavements. Not wrong just your usual pendantic reply and your obvious dislike of Canvey and everyone living there.
Should have said open "AIR" of course not hair.
Another mistake, you make a lot don't you....
What a pathetic reply. You were proved wrong about not being able to smoke anywhere in public, but of course you are never wrong are you?
Im always wrong when I converse with a Canveyite, lets me know Ive taken a bad route.
Usually every time you post and having seen the comments you make about other people's posts on other matters it shows just what you are like. Just like your grammar in your last post here, wrong more than once.
Try using a comma after 6 words, or so.
Shows your intellect off.

Report this post »

John T Pharro says...
8:49pm Sat 5 Jan 13

Carnabackable wrote:
John T Pharro wrote:
Carnabackable wrote:
John T Pharro wrote:
Carnabackable wrote:
John T Pharro wrote:
John T Pharro wrote:
Carnabackable wrote:
John T Pharro wrote:
hesmrknowitall wrote:
The law says you can't smoke in a public place, surely this would be considered a private place where people go TO smoke.

Yes to the letter of the law it is illegal, but as they say, sometimes the law is an ****
Actually you can smoke in a public place, you cannot smoke in business premises or places of work.
Wrong again..why do you think there are NO SMOKING signs at a bus stop? because there members of the public congregate by them, clear ....
Parks and streets are all public places and you are allowed to smoke up in them. It is entrances to shops, bus shelters, (not bus stops in the open hair) hospital and health center grounds and football grounds that you cannot smoke in. That is why you see people smoking outside cafes on the pavements. Not wrong just your usual pendantic reply and your obvious dislike of Canvey and everyone living there.
Should have said open "AIR" of course not hair.
Another mistake, you make a lot don't you....
What a pathetic reply. You were proved wrong about not being able to smoke anywhere in public, but of course you are never wrong are you?
Im always wrong when I converse with a Canveyite, lets me know Ive taken a bad route.
Usually every time you post and having seen the comments you make about other people's posts on other matters it shows just what you are like. Just like your grammar in your last post here, wrong more than once.
Try using a comma after 6 words, or so.
Shows your intellect off.
That's grammatically incorrect as well.

Report this post »

Brunning999 says...
6:56am Mon 7 Jan 13

Grow up people please it is when you read stupid argumentative points of view like those above it makes you understand either why non UK citizens find us and our laws complicated or why some take advantage of us.

It is an easy argument the law is the law end of pi55 off if you don't like it!

Report this post »

Brunning999 says...
7:11am Mon 7 Jan 13

What amazes me is why anyone would want to take smoke into their body from which is basically a Bonfire?

Report this post »

Eric Whim says...
11:06am Mon 7 Jan 13

Brunning999 wrote:
What amazes me is why anyone would want to take smoke into their body from which is basically a Bonfire?
because it's trendy at the moment, probably

Report this post »

bumper is a .... says...
11:14pm Mon 7 Jan 13

carnabackable. I'm thinking of changing my user name. any idea what it might be?

Report this post »

Carnabackable says...
11:29pm Mon 7 Jan 13

bumper is a .... wrote:
carnabackable. I'm thinking of changing my user name. any idea what it might be?
bumper intellect no ?

Report this post »

DogsMessInLeigh says...
9:09am Tue 8 Jan 13

The race card is now being played by the owners....when backed in a corner it always comes in to play.

Report this post »

yellowfairy says...
5:10pm Tue 8 Jan 13

When they re bragging to echo reporters that they stay open till 1pm and they know they should be shutting at 11pm, then saying they ask for identity when they clearly don't with dodgy heaters pinned to a curtain come on you kinda guess they are up to no good, they think they are above the law and being clever well they aren't. They re a couple of wide boys trying it on, so come on the council do the right thing and shut them down. And as for the racist card your in our country stick to the law.

Report this post »

yellowfairy says...
5:13pm Tue 8 Jan 13

When they re bragging to echo reporters that they stay open till 1am and they know they should be shutting at 11pm, then saying they ask for identity when they clearly don't with dodgy heaters pinned to a curtain come on you kinda guess they are up to no good, they think they are above the law and being clever well they aren't. They re a couple of wide boys trying it on, so come on the council do the right thing and shut them down. And as for the racist card your in our country stick to the law.

Report this post »

InTheKnowOk says...
6:23pm Wed 9 Jan 13

Happy days :-)

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DogsMessInLeigh says...
9:23pm Wed 9 Jan 13

Sunday Monday Happy Days..Tuesday Wednesday ..Happy Days..Thursday Friday happy days...Saturday what a day.....

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