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This goes to confirm what I have been beginning to believe for a long time.  People are not avoiding pubs because they cannot smoke there any longer, it is all down to the economic conditions. People have far less disposable income in their pockets these days and so if the choice is between spending £2.50 a pint in the local, or buying 16 cans for £8.99 and drinking them at home, then people are looking for the cheaper alternative. It is the same reason people are cutting back spending on all kinds of leisure activities.  People are also reducing how often they go to the cinema, how often they go out for a meal etc. Undoubtably the smoking ban has been an unhelpful additional factor, but it is not the driving force behind the slowdown in the pub trade, which has to be the "credit crunch."  I firmly believe that if the ban were lifted tomorrow, it would not stop the increased number of pub closures from continuing. It is a dying trade unfortunately and those with any sense are getting out of it.

But we all know the rules, whether we agree with them or not. A certain Mr Feal-Martinez is as strong an objector to the smoking ban as anybody else, but do you see him risking proscution for defying the ban? Fight by all means, but do it in the proper way because you will have nobody but yourselves to blame if you get caught and fined. The way to overturn this legislation is through legitimate and lawful protest not through making up poor excuses for failing to comply and then bleating when you get hit with fines and orders for costs.

Unfortunately yes...   If someone does not like what somebody posts on these forums, they start a petty and irrelevant argument.   Frankly cannot be bothered to contribute to such a childish forum any longer!

Indeed Robert I agree.  Licensees can make their own choices and take a chance if they like, the same as other take a chance when breaking speed limits.   I only advise caution and of a better way to spend the £2500 licensees may be fined if the Courts find against them.  

Honestly, I would answer:-   "Is this really a loophole, or would I be pushing the limits of the legislation?  If found to be in breach of the relevant legislation, what would the financial penalties be for me?"   I would also take some independant advice from a third party before proceeding.   It would really come down to how clear the legislation concerned is.  Where there is an obvious and definite loophole, of course I would take advantage of it.  If it was possible that in fact I may be breaking the law and may face stiff penalties if caught, I would have to assess the risk differently.   In the case of the Health Act and associated regulations, I think the law is fairly clear and Poppleston Allen have given their independant advice, which I fully trust.