A pub landlord in West Yorkshire is openly flouting the smoking ban because he says it goes against his customers' "human rights".
Stuart Smith is allowing customers to smoke inside the Golden Fleece pub in Greetland, Halifax.
Mr Smith said the ban, which was enforced in enclosed public places from July, 2007, has had a detrimental effect on his business.
But since allowing customers to light up, he said trade had improved.
Council checks
Mr Smith said: "I think it is against people's human rights not to be able to smoke like this.
"People should be allowed to smoke here. I see people outside shivering to death and I don't think it's right."
The landlord said he was prepared to take his fight to court if he was prosecuted.
Steve Wood, health and safety manager for Leeds City Council, said there had been about 6,000 check visits made to public places since the ban was enforced and these were continuing.
He said anyone wanting to report a breach in the ban should contact the council.
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