Renegade landlord Nick Hogan has been warned he is not above the law by Bolton Council's leader.

Cllr Cliff Morris admits the local authority had taken a softly softly approach with Mr Hogan, who has allowed smokers to continue to light up in two town centre pubs.

But he has issued a stark warning to the landlord - if he continues to flout the smoking ban, which was introduced on Sunday, he will be pulled before the courts.

Leader Cliff Morris said: "Mr Hogan isn't above the law and our officers are pursuing it, but I'm waiting for them to report back to me. We wanted to talk to him without going down the path of taking him to court, but we certainly aren't frightened of going down that route.

"This is legislation and he should be obeying it. We certainly aren't ignoring him and this situation."

Mr Hogan met with council officials on Monday, but has vowed to continue allowing visitors to his pub the freedom to choose as to whether or not they smoke in The Swan on Churchgate and Barristers on Bradshawgate - and risk being slapped with a 50 fixed penalty notice.

He said: "The council have been very nice and I do have sympathy with them because I have worked closely with them in the past, but this isn't about smoking it's about freedom of choice and I'm prepared to go to court to fight for what I believe in.

"This legislation is dictatorial and I'm going to allow people to freedom to choose. I've been explaining to smokers that they could face a 50 fine, but it's their choice."

In Bolton 29.6 per cent of people smoke, and this figure can be as high as 65 per cent in some areas, such as the Hall i'th' Wood estate, compared to a national average of 27 per cent.

The Bolton News launched its Stub It Out campaign when these figures were revealed calling for smoking to be banned in all enclosed public places, including pubs, clubs and private members bars.

In February last year MPs voted with a massive majority for such a ban and it was introduced on July 1.

Anyone caught flouting it could face a 50 fixed penalty notice and business who allow people to smoke on their premises could be fined 2,500.