The man behind a short-lived private smoker's club in Smiths Falls, Ont., intends to appeal his recent conviction under the Smoke-Free Ontario Act.

"Oh yes, we're definitely going for an appeal. It's without a question," Mike Kennedy said Thursday.

Mike Kennedy opened the club in Smiths Falls in September.
(CBC)

Kennedy said he acknowledged to the court he was the proprietor of the club during the three weeks it was in operation last September.

It reverted to a smoke-free bar because of a lack of business.

Kennedy was found guilty on five charges and fined $3,530 by justice of the peace Darryl Bartraw during a trial last week in Perth, Ont.

"I'm disappointed but not surprised," he said.

Kennedy didn't raise a constitutional challenge against the Smoke-Free Ontario Act as he vowed previously, but instead argued, through his lawyer Mark MacDonald, that the act didn't apply to a private club with a membership fee.

He said he could appeal based on the Canadian Charter of Rights, on the grounds the findings of the court were incorrect.

"The process is the process and let's see what happens down the line," he said.

Kennedy was convicted for failing to post prescribed signs prohibiting smoking, allowing ashtrays at the tables, allowing smoking to occur in the club, obstructing a health inspector and smoking in an enclosed public place.

He was given 90 days to pay the fine.

Charges dropped against club directors

Charges were dropped against Chris Fagan and Stephanie Lepage, who were listed with the Alcohol and Gaming Commission of Ontario as directors of the club during the period when smoking was allowed.

Yves Decoste, tobacco program co-ordinator with the Leeds, Grenville and Lanark District Health Unit which laid the charges, said he was happy with the court's decision.

"We're pleased the act was upheld. It does cover clubs of any nature, both public and private," Decoste said.