Bradford Council has been urged to adopt a softly-softly approach by only fining "smoking martyrs" in the early days of the looming ban in pubs and restaurants.

Health minister Caroline Flint said local authorities should show "common-sense" by simply having a quiet word with smokers who light up by mistake.

Only two people have been prosecuted since a ban was introduced in Scotland in March 2006 - and ministers hope for a similarly low total in England after Sunday.

Speaking to the Telegraph & Argus, Miss Flint said: "If someone lights up, they should be reminded of the change and, hopefully, they will put out the cigarette, or go outside. We are saying to councils Don't come down on them like a ton of bricks and immediately issue that person with a fixed penalty notice'.

"There may be some smoking martyrs, but it is only when people are flagrantly breaking the law that matters should be taken further, as a last resort. In the same way, a business should not be taken to court simply because a no-smoking sign falls off the wall."

However, Miss Flint admitted it was up to individual local authorities whether to go in hard on smokers flouting the ban, adding: "We can't micro-manage from Whitehall."

John Major, Bradford Council's head of environmental health said: "The Council has spent several months working with local businesses to advise them on how the smoking ban affects them, and how best to enforce it within their premises. We are confident that most individuals and businesses are fully aware of the ban and will comply with it.

"We have no intention of being draconian in our enforcement of the ban and appreciate there may be some confusion in its early days. While it is important to enforce the ban, and protect people from second-hand smoke, we agree that people should be given the chance to comply before they are fined or prosecuted."

Smokers lighting up in enclosed public places after 6am this Sunday can be fined £50, reduced to £30 if their fixed penalty notice is paid within 15 days.

Businesses can be fined £200 for not displaying signs correctly - and up to £2,500 if they are prosecuted for failing to prevent smokers lighting up on their premises.

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