Michael Churm, landlord of the Yellow Lion pub, on Saltergate, and Mark Breen, manager of the Poolsbrook Hotel, in Poolsbrook, are both counting the cost of the breach.

Churm was caught smoking inside the pub when Chesterfield Borough Council officers visited the premises during the evening of January 26.

Pleaded guilty

Stephen Oliver, for the council, said that Churm had been warned about smoking in the pub on two other occasions and pleaded guilty to the offence at a hearing at Chesterfield Magistrates' Court.

Describing Churm (50) as a self-confessed chain-smoker, Caroline Clarke, defending, said: "Mr Churm has found the introduction of the smoking ban a very difficult adjustment."

She added: "Financial matters are not going well for him at the moment.

"Although he has managed the Yellow Lion for the last 11 years, times may be as such that he has to pack it in altogether."

Magistrates fined him £130, plus £300 towards the cost of the council's investigation and a £15 victim surcharge.

Breen (44) pleaded guilty to failing to stop a customer smoking on his Poolsbrook Hotel premises.

Stephen Oliver, for the council, told the court that council officers called at the pub on February 12 to carry out an unannounced health and safety inspection and found people smoking inside.

After reminding Breen of his duties, the council officers and police officers went back to the pub on April 6.

When they arrived they found Breen attending the pub's open fire and a customer standing next to him holding a lit cigarette.

Mr Breen told the officers that he had not seen the man smoking but had asked him to leave the premises for doing so previously.

Mr Oliver added: "The officers are certain that Mr Breen did know the man was smoking a cigarette."

Defending Breen, Caroline Clarke said that on the night in question he was one of only two staff manning the premises.

She said that he had been distracted by tending to the fire and admitted not paying due attention to the man standing next to him.

She explained that Mr Breen has taken steps to ensure that all smokers smoke outside but said he even told the council that "there's always somebody who goes and smokes secretly in the toilets but I cannot be everywhere at once."

Magistrates fined Mr Breen £500 from a maximum fine of £2,500, plus £300 towards the council's costs and a £15 victim surcharge.