A PUB regular is facing prosecution after chall-enging the smoking ban by lighting up in his local in protest over the legislation.

John Murphy who drinks at the Swan Hotel, in Bacup, lit up in the bar on Saturday night - but first emailed Rossendale Council to tell them what he planned to do.

No-one from the council's environmental health department turned up to issue him with a fixed penalty notice but the council says it will take further action when and where it chooses.

John, 55, of Anderson Close, Bacup, is camp-aigning for a change in the rules to allow local pubs like the Swan to decide if they want to be a smoking or non-smoking establishment, along with Swan landlord Terry Egan.

They are in favour of the ban in places such as restaurants, but say imposing it all places ruins nights of out for smokers who are constantly having to go out for a cigarette.

John also thinks asking landlords and drinkers to police the ban could lead to dangerous situations.

He said: "They are trying to make it so pub landlords police it themselves. It is an ill thought out, ridiculous way of doing it."

John, who did not tell Terry what he was planning to do, emailed Rossendale Council on Friday to say he would be lighting a cigarette in the Swan at 9.30pm on Saturday. He wanted an officer to issue him with a fixed penalty notice.

A Rossendale Council spokesperson said it can and will take action against anyone observed to be breaking the law and also against landlords who allow illegal activities to take place on their premises.

He said: "Rossendale Council has adopted the same enforcement protocol as most other councils in Lancashire. As soon as we have sufficient evidence we will issue a fixed penalty notice or pursue court prosecution.

"Our enforcement activity will take place at times and places of our choosing.

"The fine for breaching the law can be up to £2,500."

Mr Egan, who fulfiled his legal requirements by asking John to stub out the cigarette, to avoid being slapped with a hefty fine, said a petition asking the Government for an amend-ment to the legislation, had been presented to MP for Rossendale Janet Anderson.

More than 90 people signed it and at least 30 of those were non smoker.

Mr Egan said: "It is an awful situation, but we are gathering momentum."