First pub prosecuted under smoking law

Smoking has been banned in pubs and restaurants since December. Herald file picture

The first prosecution under the new smoke-free legislation got underway in the Christchurch District Court this morning.

The Wheatsheaf Tavern on Banks Peninsula has been charged with "failing to take all reasonably practicable steps to ensure no person smoked at any time" in the building.

The tavern closed last month but its former leaseholder John Van Buren was in court to defend the charge. Through his lawyer he entered a plea of not guilty.

The Smokefree Environments Amendment Act prevents smoking inside any bars or restaurants.

Outside court Mr Van Buren said he was making a stand because he wanted the new law repealed.

He said: "Let people have a choice of where they want to smoke and where they want to go to smoke. That also gives people the choice of not going where there are smokers."

He said he did not believe he had broken the new laws as he had taken "all reasonably practical steps" to stop people smoking in his tavern, except evicting them.

Timaru publican Geoff Mulvihill will have his day in court next month when he faces six charges of flouting the new legislation.

The men have started a political party - WIN Freedom of Choice - to push their message. They were lodging the party's registration in Christchurch today.

A status hearing in the Christchurch case will be held on May 24.