SMOKERS and a pub landlord who took part in a last gasp protest against the national smoking ban have not been fined by Bolton Council.

Drinkers at The Swan, in Churchgate, defied the introduction of the smoking ban on Sunday and staged a mass light-up.

People travelled from all over the country to take part in the protest and landlord Nick Hogan - who could have been fined up to 2,500 - even invited council officials down to his pub.

But council bosses have refused to fine him, or the hundreds of smokers who broke the ban.

A spokesman for Bolton Council said: "We've always said that we'd approach smoke-free enforcement in a non-confrontational way, but if attempts to encourage compliance do not succeed then we will review our actions.

"Following the protest on Sunday we can confirm that officers visited Mr Hogan yesterday and we advised him that if he continues to allow his customers to smoke, both he and they will be breaking the law and this will ultimately lead to prosecution.

"We will monitor the situation closely and if Mr Hogan and his customers continue to disregard the law then we will issue written warnings. If non-compliance continues we will then take further action which would result in fines for his customers and prosecution for Mr Hogan."

The Swan was closed yesterday but smokers in Barristers pub next door in Bradshawgate, Bolton which Mr Hogan also runs, continued to light up.

Mr Hogan said he would continue to explain the smoking ban to customers, but would not ask those who light up to leave.

He said: "We live in a democratic society and smokers are now being treated as criminals.

"I will be continuing to inform people of what the legal situation is, but if they wish to light up I won't be throwing anyone out."

Nationally the ban has been hailed a success, with the Health Secretary Alan Johnson claiming it will be the "most important public health legislation for a generation".

As well as The Swan, the landlord of the Dog Inn in Hereford also defied the ban and the owner of a lapdancing bar in London has hired Cherie Blair to help him beat the ban.

Anyone caught flouting it will face a 50 fixed penalty notice and businesses who allow customers to smoke will be fined 2,500.