Staff at Fudu Lounge shisha bar in North Finchley angry at smoking ban fine from Barnet Council

Amir Hosein, who works at Fudu Lounge and has been smoking shisha for eight years, believes the activity is a good thing for the area Amir Hosein, who works at Fudu Lounge and has been smoking shisha for eight years, believes the activity is a good thing for the area

Staff at a North Finchley shisha bar fined for breaking anti-smoking laws say their business is being squeezed by ruthless Barnet Council inspectors.

The owner and manager of the Fudu Lounge, in High Road, were penalised by the authority earlier this month for regularly allowing the smoking of the flavoured tobacco in enclosed spaces.

Mohamadali Bohlolzadeh and Said Hawila were ordered to pay fines and costs totalling £2,930 for failing to comply with the smoking ban, introduced in 2007.

Barnet Council’s environmental health inspectors visited the business on several occasions and found smoking was regularly taking place in an “almost entirely enclosed space”.

The inspectors warned the owner to adapt the bar to ensure no more than 50 per cent of the smoking area was under cover. Their failure to do so resulted in the prosecution by the local authority.

However, Mohamad Hawila, brother of Said Hawila, told the Times Series the council’s anti-smoking stance is making it increasingly difficult for shisha businesses looking to provide a venue for the cultural smoking.

He said: “We were very angry and upset. The weather is just not good enough in this country to run a business in the open air. We tried to comply but wind and rain was coming into the lounge.

“I have to provide somewhere warm and comfortable if I want to get any customers in. No-one was looking at it from a business perspective, instead they just saw it as us breaking the law.

“We weren’t happy but it was easier to plead guilty than spend lots of money fighting it.”

Barnet Council says it is determined to enforce the smoking laws for the protection and health of its residents.

In a statement, Councillor David Longstaff, cabinet member for safety and resident engagement, said: “Using a water pipe to smoke tobacco poses a serious health hazard not only to the smoker but to those around them.

“With a growing trend of shisha bars opening across the country, Barnet Council’s environmental health and legal teams will be monitoring and taking action against any which fail to comply with legislation in this borough.

“We take our responsibility to our residents’ health very seriously and as this case proves we will follow our investigations all the way to prosecution if and where necessary.”

But Amir Hosein, who works at Fudu Lounge and has been smoking shisha for eight years, believes the activity is a good thing for the area.

He said: “People want to come along and relax and enjoy themselves. If people really want to smoke they will do so at home anyway. For some people it is a cultural need and I don’t think it is good that the council is opposing this.”

Fellow Shisha bar owner Del Mohammed, who runs the Momtaz Café in Cricklewood Broadway, believes local authorities are determined to see the death of smoking businesses.

He said: “It is very hard. I have six branches all over London and the local authorities are so unclear about what is the correct law in terms of dimensions of rooms and things like that. It makes it difficult for us to establish what the right thing to do is.

“None of them want anything to do with shisha. It is traditionally a very social, peaceful thing and there is never any problems – I don’t know why they have taken this stance.”

Since paying the fine at Fudu Lounge, Mr Hawila has opened up areas of the bar, but has suffered one or two break-ins by petty thieves as a result.

He said: “The council comes to visit us constantly and even during the terrible weather they tell us it has to be more open. It is a very peaceful activity and we cater for a lot of people working and living in the local area – how can they not see that as a good thing? They say it is bad for your health, well so is sitting in the rain.

“It is getting harder and harder, especially with the weather like it is, and it is not helping that the council won’t support us.”

Comments(10)

chas says...
6:50pm Wed 4 Jul 12

This is ridiculous. People smoking shisha pipes are mainly inhaling and exhaling flavoured water.
Why is it that some groups can have their own bars and others can't? Nobody is forcing anybody into shisha bars.

davidfinchley says...
3:46pm Sat 7 Jul 12

What this article does not say is that the shisha premises consist of an unlawful structure built without planning consent. The owners have tried and failed to obtain this consent and every avenue of appeal has been refused, both by the council and by the Courts. Local residents are fed up with the delay it has taken for the Council to act on the removal of the structure and the Council has been warned that it will be reported to the Ombudsman for failing to enforce its own planning regulations. Perhaps that is the side of this story that should be more widely reported!

Finchley resident says...
5:00pm Sat 7 Jul 12

The only concern of this bar is profit. They are not concerned about the safety of their customers and they don't care about the disturbance they cause to their neighbours. They are operating from an illegal structure built on top of the roof of the former Embassy Lounge. They were refused planning permission yet they have not dismantled the roof extemsion as they were ordered to do.

When is the council going to enforce the planning decisions and remove this building? Last year there was a fire on the premises. I hope it doesn't take another before the council takes action.

Finchley resident says...
8:01pm Sat 7 Jul 12

What makes the Fudu Lounge think the UK smoking laws do not apply to them?

robert.james says...
2:05pm Sun 8 Jul 12

Dear David , Fudu lounge has a planning permission and its approved by the council . so any one has a doubt regarding this , kindly contact barnet council to confirm. as well Fudu lounge is not a Night Club or a Bar where we offer our customers alcohol to get drunk and behave badly , its a calm place where you can sit and have a cup of tea . with no loud music or a DJ to disturb our neighbors , as we also live in North Finchley .

Una.Da says...
5:52pm Sun 8 Jul 12

This report fails to mention how dangerous smoking Shisha can be. Shisha users and Shisha bar owners think that smoking shisha is healthy. This is not the case. Research has revealed that one session of smoking shisha resulted in people inhaling carbon monoxide levels at least four to five times higher than the amount produced by one cigarette. People do not realise that high levels of carbon monoxide can lead to brain damage and unconsciousness http://news.bbc.co.u
k/1/hi/8214097.stm. The anti-smoking laws has been introduced for a reason. I do not blame Barnet Council or any other Council for taking enforcement action against any non-compliant smoking structures (shisha and non-shisha premises). Keep up the good work.

davidfinchley says...
6:35pm Sun 8 Jul 12

@Robert James the shisha terrace does NOT have planning permission. As the chair of the SNT ward panel for West Finchley I have been following this problem for over 2 years.

Finchley resident says...
6:56pm Sun 8 Jul 12

robert.james wrote:
Dear David , Fudu lounge has a planning permission and its approved by the council . so any one has a doubt regarding this , kindly contact barnet council to confirm. as well Fudu lounge is not a Night Club or a Bar where we offer our customers alcohol to get drunk and behave badly , its a calm place where you can sit and have a cup of tea . with no loud music or a DJ to disturb our neighbors , as we also live in North Finchley .
robert.james says...
Fudu lounge has a planning permission and its approved by the council . so any one has a doubt regarding this , kindly contact barnet council to confirm.

Not according to Barnet Council it isn't! See here http://tinyurl.com/c
ydqzqy

In fact Barnet says an enforcement notice on the illegal roof extension in question has been authorised.

Finchley resident says...
6:57pm Sun 8 Jul 12

See here: http://tinyurl.com/c
ydqzqy

emilia777 says...
11:56am Tue 10 Jul 12

chas wrote:
This is ridiculous. People smoking shisha pipes are mainly inhaling and exhaling flavoured water.
Why is it that some groups can have their own bars and others can't? Nobody is forcing anybody into shisha bars.
If it involves 'mainly inhaling and exhaling flavoured water' then why did the Department of Health and the Tobacco Control Collaborating Centre find shisha was 400 to 450 times more dangerous than having a cigarette?
Source - BBC News website.

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