Kingston cafe owner fined after shisha smokers found in basement

Ace Cafe in Richmond Road, Kingston

Ace Cafe in Richmond Road, Kingston

First published in News by

A cafe owner has been fined after inspectors found people smoking shisha in his basement.

Keyvanfari Nima, 38, of Ace Cafe in Richmond Road, Kingston, was prosecuted by Kingston Council after a spot check on his shop prompted health and safety concerns.

Council inspectors raised fears over the fire hazard caused from the lit charcoal, lack of escape routes from the basement and the risk of carbon monoxide poisoning due to poor ventilation.

Mr Nima pleaded guilty to the offence of failing to discharge his duty to manage a smoke-free premises and was sentenced to a fine of £400 at Richmond Magistrates Court on Tuesday, April 10.

He was also ordered to pay the council’s full costs of £865 and a victim surcharge of £15, making his total fine £1,280.

But speaking after the case Mr Nima said the basement was not part of his cafe and the people there were friends rather than customers.

He said: "That’s my private area, it’s not part of the shop. The people in there were not customers they were my friends. Why do I need to answer to anyone about what I do in my private place."

Mr Nima said he would struggle to keep up with payments for the cafe because of the fines and said he felt he could at least have been given a warning first.

He said: "This part of Richmond Road is a dead end and instead of the council helping businesses during the credit crunch period they just penalise us in some way.

"It’s a waste of taxpayers’ money. Instead of just helping us run our business they spend time going to court.

"It’s all a bit sad, in these times we can hardly survive."

Comments (3)

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1:34pm Thu 26 Apr 12

chas says...

The smoking ban was introduced because of the myth that second hand smoke kills, but not one death certificated has ever been produced showing the death was caused by second hand smoke.
The smoking ban was introduced because of the myth that second hand smoke kills, but not one death certificated has ever been produced showing the death was caused by second hand smoke. chas
  • Score: 0

3:29pm Thu 26 Apr 12

helen59 says...

HE SHOULD BE MADE TO TAKE THAT AWFUL PLASTIC THING DOWN - IT IS SPOILING THE AREA AND TURNING PEOPLE AWAY FROM THE SHOPS THAT ARE LOCATED IN THIS AREA, I HAVE WALKED PASSED THIS SO CALLED CAFE AND FOUND VOMIT OUTSIDE AND BROKEN GLASS AND VARIOUS OTHER RUBBISH WHICH HE NEVER CLEANS UP.
HE SHOULD BE MADE TO TAKE THAT AWFUL PLASTIC THING DOWN - IT IS SPOILING THE AREA AND TURNING PEOPLE AWAY FROM THE SHOPS THAT ARE LOCATED IN THIS AREA, I HAVE WALKED PASSED THIS SO CALLED CAFE AND FOUND VOMIT OUTSIDE AND BROKEN GLASS AND VARIOUS OTHER RUBBISH WHICH HE NEVER CLEANS UP. helen59
  • Score: 0

2:00pm Fri 27 Apr 12

R Batson says...

No smoking means no smoking just like 'No means No' and 'Yes means Yes' and clearly the Court decided that the action here was illegal, despite what the owner stated after the case was over or it would not have convicted/found guilty. We can not have one law for one and another law for another. There is no point in having laws if we only choose those we like and do not comply with those we do not. Chas may or may not be correct respecting 2nd hand smoking, I do not know but it is irrelevant because it is now currently law. If the law was once again changed to permit smoking then this matter wouldn't have been put before a Court.
With respect to Helen59 it certainly doesn't look very pleasing to the eye or the surrounding area. We should all care about where we live and in that regard respect and maintain our surroundings. It is not good enough of any of us, only to care about ourselves.
No smoking means no smoking just like 'No means No' and 'Yes means Yes' and clearly the Court decided that the action here was illegal, despite what the owner stated after the case was over or it would not have convicted/found guilty. We can not have one law for one and another law for another. There is no point in having laws if we only choose those we like and do not comply with those we do not. Chas may or may not be correct respecting 2nd hand smoking, I do not know but it is irrelevant because it is now currently law. If the law was once again changed to permit smoking then this matter wouldn't have been put before a Court. With respect to Helen59 it certainly doesn't look very pleasing to the eye or the surrounding area. We should all care about where we live and in that regard respect and maintain our surroundings. It is not good enough of any of us, only to care about ourselves. R Batson
  • Score: 0

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