COUNCILS are poised to receive the power to ban smoking in public places.
The Northern Echo has learned that the controversial legislation could be introduced as soon as next year.
But last night critics of the plan warned local authority leaders: "Don't interfere - leave it to the people who know best."
Ministers have unveiled a consultation paper containing proposals to allow councils to introduce local bans, but lobby groups say it is an attempt to introduce a national ban by the back door.
Authorities could outlaw smoking in pubs, restaurants and shopping centres if the legislation is pushed through.
Several North-East councils are at the forefront of demanding the powers, but others are reluctant to commit until the results of the Government's consultation are announced in June.
Chester-le-Street District Council, in County Durham, is bidding to become the first smoke-free zone in Britain by following the lead of California, New York and Ireland.
Council bosses have been in talks with bar, restaurant and shop owners, and a report detailing public response and potential cost implications is being prepared.
Middlesbrough Council is also looking into the possibility of applying for a by-law to ban smoking in certain parts of the town centre as part of a drive to improve health.
The most recent figures suggest that 30 per cent of all adults in the North-East smoke, compared with the national average of 26 per cent.
Mortality rates from lung cancer are 36 per cent higher for men and 66 per cent higher for women in the region.
A Department of Health spokesman said proposals could be included in a White Paper in July or September, with legislation to follow in the next Parliamentary session.
But smokers' rights campaigners last night described moves to ban the activity in public as completely over the top.
Simon Clark, director of Forest, the Freedom Organisation for the Right to Enjoy Smoking Tobacco, said: "This really is taking a sledgehammer to crack a nut.
"Councils must not forget that bars, restaurants, pubs and clubs are all private businesses, and publicans and restaurateurs are not in business to keep smokers happy, but to make money.
"We know perfectly well that if they thought they could make more money by banning smoking, they would do it like a shot."
He said smoking in public was not the burning issue of the day because most people had many other things to worry about, and there was no overwhelming public demand for a blanket ban.
Mr Clark added: "It is being driven by a handful of obsessives. Anti-smoking campaigners and politicians love to jump on bandwagons to get their name known.
"The most important message for councils has to be: don't interfere with private business.
"These bar owners and restaurant bosses know their customers best and know their workers best, and they should be left alone to choose their own policy."
Ian Wilmore, public affairs manager for anti-smoking group Ash - Action on Smoking and Health - said: "The Government appears to like the idea, but probably wants to avoid being responsible for what might be seen as an unpopular decision and is working towards giving local authorities the powers.
"We know that all the research shows that ending smoking in the workplace is the easiest and cheapest way of reducing the number of smokers."
Sir Liam Donaldson, the Chief Medical Officer, called for a national ban last year and suggested it would encourage one in five smokers to stop.
He has been persuaded by evidence from the US, where local bans in California quickly led to wider restrictions and eventually state-wide prohibition.
Mr Clark said: "Smoking is already highly restricted in society where pubs, cafes, restaurants and clubs have no-smoking areas, and places like theatres, cinemas, shopping malls and public transport have banned it altogether.
"Restrictions are fine, and the vast majority of smokers will willingly accept them as well as no-smoking policies at work, providing they can smoke at lunch-time."
The results of a survey by the BBC, prompted by the Government's public health consultation, were discussed on a television programme last night.
One of the findings was that almost three-quarters of the 9,000 people questioned wanted a ban on smoking in all public places
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