Legal move by smoke ban opponents

Smoking in pubs is to be banned by 2006 under the plans

Representatives of Scotland's pubs and clubs are taking legal advice to see if they can challenge plans to ban smoking in public places.

They have expressed outrage at the Scottish Executive plans to stop people lighting up in enclosed spaces.

The Scottish Licensed Trade Association warned the move would "decimate" the industry and lead to 30,000 job losses.

Chief executive Paul Waterson said: "We will continue the fight. We are consulting with legal advisers."

He promised: "We will pursue every avenue to ensure that the interests of the licensed trade are upheld."

We believe ventilation does work and we can accommodate smokers and non smokers with a relatively inexpensive ventilation system Paul Waterson Scottish Licensed Trade Association

A campaign group called Against an Outright Ban has been set up to fight the proposals, which were unveiled on Wednesday.

First Minister Jack McConnell said that a "comprehensive ban" on smoking in public places would be introduced by the spring of 2006.

Licensees or employers who fail to enforce the law will face fines of up to £2,500, while individuals who persistently flout the ban could be hit by penalties of up to £1,000.

However, Mr Waterson said ministers had failed to justify the ban with hard facts.

He said one possible legal challenge would look at the viability of ventilating pubs rather than introducing an all-out ban.

Ministers said the health benefits outweighed the concerns

"We believe ventilation does work and we can accommodate smokers and non smokers with a relatively inexpensive ventilation system," he said.

Mr Waterson described the consultation process as "a complete sham" and said most Scots did not support a ban.

Mr Waterson said publicans would be left to enforce the ban because police are also against the proposals.

He added that two thirds of regular pub drinkers were smokers and claimed that the proposals could force up to a quarter of Scotland's bars to close.

Gordon Millar, chief executive of the Scottish Beer and Pub Association, said it would be "looking closely" at the detail of the legislation as it passes through parliament.

Mr McConnell said the health arguments outweighed the licensed trade's claims that jobs would be lost.