THE owner of a cafe which banned non-smokers from sitting outside, in protest at the smoking ban, has now broken the new law herself.

Christine Hartley-Pickup admitted lighting up at CJ's Cafe, in Darwen.

But she has escaped a fine of up to £2,500 after environmental health bosses said it was down to a "misunderstanding" of the law.

Mrs Hartley-Pickup, a smoker of 45 years who is joint owner of the cafe, admitted she had a cigarette on the premises between 6am and 7.30am, before it opened.

However, that is still against the new law which came into force on July 1 banning smoking in enclosed public spaces.

Environmental health officers visited the cafe on Tuesday after a member of the public reported seeing a member of staff smoking inside the premises at 7am last Saturday.

Chris Allen, head of Environmental Health and Trading Standards at Blackburn with Darwen Council, said: "We investigated a complaint that smoking was continuing outside opening hours at the cafe.

"It was, but this was due to a misunderstanding of the law.

"Public enclosed spaces and workplaces must be smoke free 24 hours a day, seven days a week, whether they are open for business, or not.

"We have given advice and will not be taking formal action on this occasion.

"Whenever we receive allegations that the smoke free law is being broken, we will investigate.

"If we find evidence that the law is deliberately being broken, we will issue a formal written warning, in accordance with our protocol, moving up to fixed penalty notices, or court action, if necessary.

"Individual smokers face £50 fines for flouting the law.

"But business owners who fail to prevent people from smoking can be penalised with a fine of up to £2,500."

CJ's Cafe hit the headlines earlier this week after the Lancashire Telegraph revealed how bosses had banned smokers from sitting outside the Duckworth Street cafe.

The move was in protest at the new laws which had banned customers from smoking inside.

Non-smokers are asked to leave if they try to sit outside the cafe.

Mrs Hartley-Pickup, who owns the business with her twin sister Jacqueline Hartley-Barnes, claimed that people were "just trying to cause trouble", and said she had not lit up during opening hours.

She said: "We are here at 6.15am to put the tables and chairs out and have a cigarette before we open to the public at 7.30am.

"If somebody stops by before we open, we will serve them.

"Environmental health officers visited the cafe after saying they received a complaint from a customer.Some people obviously don't like our little bit of a protest.

"It's a storm in a tea cup and will blow over. We said we'll abide by the law."

The customer, who made the complaint to environnmental health, said: "I could not believe my eyes. It was 7am on Saturday and there she was puffing away.

"They ban non-smokers from sitting outside, yet they are the ones breaking the rules."

A spokesman for national group Smokefree England said a cafe did not have to be open for business for it to be affected by the laws.

It only needed to be enclosed, or substantially enclosed premises, used as a workplace, said the spokesman.