SMOKERS held a last-gasp protest against new legislation - by lighting up en-masse in a town centre pub.

Hundreds of people flocked to The Swan in Churchgate to join landlord Nick Hogan in voicing their objections at new laws which ban smoking in public places.

Mr Hogan has vowed to openly defy the ban, claiming it is in an infringement on his customers' human rights.

But although police were on hand in case of any public disturbance, council officers were not present and it is not yet known what action - if any - will be taken.

Bolton Council said the demonstration at The Swan Hotel was "regrettable" but, remarkably, it added: "The landlord is entitled to hold a protest if he wishes."

It has also said a "softly softly" approach to enforcing the smoking ban will be taken. Local authority chiefs are confident the ban will be self-policing and have vowed to remain "non-confrontational."

Rather than focusing on issuing the £50 fixed penalty notices, Town Hall staff have been working to raise awareness of the ban and providing help and support to local businesses in implementing the legislation.

There were protests in other parts of the country too including the Miners Arms in Bristol where smokers wore "smoking jackets" because the pub is on a busy road and at The Dog Inn in Ewys Harold near Hereford where the landlord Tony Blows said he was prepared to go to court. The Smokers Arms in Grimsby was also, ironically, now smoke free.

In Bolton, as smoke filled the air in his pub tonight, Mr Hogan, the 40-year-old landlord of the Swan, said: "This is about freedom of choice. It is not about promoting cigarettes but democracy being taken away.

"I want the coucil to put a fine on me so I can challenge the legislation in court and I believe I have a case.

"There should be smoking areas and non-smoking areas in pubs, or smoking venues and non-smoking venues. But to put a blanket ban on freedom is totally wrong."

A statement issued by the council stated: "We would not encourage anyone to deliberately flout the law.

"The smoke free legislation is now in force and we will be monitoring the situation at The Swan and at premises across the borough."

It said the ban which came into effect at 6am today would improve people's health and encouraged smokers to give up.

England is the final part of the UK to introduce the legislation, after Wales and Northern Ireland in April and Scotland last March. The Republic of Ireland made the move three years ago.

It is now against the law to smoke in virtually all enclosed and substantially enclosed public places and workplaces.

Bill Gibson, a non-smoker, travelled to Bolton from Scotland to protest against the ban. He said: "I feel I should support the protest because I have seen the effects this has had on communities in Scotland. Some working mens clubs are finding it very difficult to survive, and they can't plough money back into community events."

Alan Ainscow, aged 52, from Bromwich Street, Bolton, said: "What the government has done is wrong because they do not have the mandate to do it. The government was put in power by the people, but people do not want this. It is not democratic."

Diana Wilson, aged 42, from Bolton, said: "People are fighting this ban because it has taken away our freedom. Non-smokers have a choice to go in to pubs or not."

Owners and managers of pubs, clubs and cafes are legally bound to enforce the ban and face fines of up to £2,500 if they fail to do so.

Anyone caught smoking illegally will be given a fixed penalty notice of £50 - reduced to £30 if paid in 15 days - or fined up to £200 if they are prosecuted and convicted by a court.

Deborah Collinson from Bolton Primary Care Trust said: "This will be the biggest benefit to people's health that this country has seen."

Cllr Rosa Kay, executive member for adult social care and health, said: "We believe the vast majority of people will abide by the law and countries that have already gone smoke-free have recorded a high compliance figure."

Additional reporting by Amanda Smith