Man arrested after refusing to put out his cigarette in pub

Martin Whisker, 42, is believed to be one of the first people in the country to land himself in trouble after flouting the new ban on smoking in public places.

Officers were called to Riskers bar in Scarborough on Monday evening after Whisker refused to leave, North Yorkshire Police said.

He said he was protesting against the ban but police escorted him out, arrested him and handed him an £80 fixed penalty fine for being drunk and disorderly.

Whisker, a painter and decorator, said he was locked in a police cell until 6am the following day. He told the Scarborough Evening News: "I made my protest to make a point.

"I can see the point of banning smoking where food is being served but there is no need to stop people smoking altogether."

The ban came into force at 6am on Sunday.

Owners and managers of pubs, clubs and cafes are legally bound to enforce the ban and face fines of up to £2,500 if they fail to do so.

Bar owner Barry Risker, 62, said Whisker was lighting up cigarette after cigarette.

He said: "A police officer ended up taking a cigarette out of his mouth and stamping it on the floor."

But he added that he had some sympathy for Whisker's position and described the ban as "crazy".

"At least he had the guts to do something about it."

Regulars at the bar reportedly had a whip-round to contribute to the fine, leaving donations in an ashtray.

Anyone caught smoking illegally can be given a fixed penalty notice of £50 - reduced to £30 if paid within 15 days - or fined up to £200 if they are prosecuted and convicted by a court.