London and Edinburgh Inns and Swallow Hotels chairman Alan Bowes has been defending the decision of staff at one of his properties to ban smoking ahead of the blanket Government ban.
Bowes has been very vocal in his attacks on the ban - due to be introduced in Scotland at the end of the month.
He has even launched a legal challenge and, as reported in the Morning Advertiser, is making a documentary called Blair will kill children about the impact of the ban.
The BBC reports this morning that Swallow's Dundee site introduced a ban in certain areas on February 1 but Bowes said the decision was taken by the management of that hotel and was not company policy.
Not wholly against
He added: "The London and Edinburgh Swallow group is not against the smoking ban and supports the need for a control on smoking in public places, but feel that the parameters of the act and regulations as they currently stand present some fundamental human rights issues.
"Personally, I also have some grave concerns over the impact on the levels of smoking in the home and the impact on our children's health."
The hotel in Dundee has banned smoking in its bar and dining area, although smoking rooms have still been made available.
Option of regulated smoking areas
A Swallow spokeswoman said despite the legal challenge, some hotels and bars across the chain had implemented a no-smoking policy.
She added: "It's up to individual hotels. Managers can choose how they operate their pub or hotel and what they feel is best for it.
"The company is not sending out a contradictory message. The petition has never tried to stop the ban.
"The group would like its outlets to have the option of having a regulated smoking area."
The Swallow Group, which also owns London and Edinburgh Inns, has presented a motion at the Court of Session in Edinburgh calling for a delay on the ban, which it hopes will be heard before the end of the week.