Big Mick:

are you a lawyer too? Your answer "cut the shit" is typical answer for a lawyer: short, precise and totally useless ;0)

I am not making your plan seem unworkable, it is so: according to your plan smoking is prohibited in public open spaces only. But how can you make sure that no smoke drifts over from a private garden (no public space as the qwner doesn`t open it for the public) to the street (definitely public space)?

For the issue discussed here (smoking in pubs): it is very likely that every (or nearly every) pub would declare itself a smokers place (because they would fear to lose smoking customers, the non smokers having tolerated smoke before). The effect of it is that as a non smoker I am forced to accept the effects on my health or stay away completely. Whereas all the law asks of the smokers is to go outside for the duration of their cigarette. Question of proportionality...

Regards
Ernest