A plea for pubs in Scotland to be allowed to apply for smoking licences have been put forward by an MSP. Margo MacDonald, an independent MSP for Lothians, has tabled an amendment to the proposed smoking ban - arguing that licensees should be able to apply for smoking licences when the country's all-out ban comes in, probably next year.
Licensing boards would be expected to grant opt-outs from the ban "only exceptionally", if the move went ahead. Any decision would be based on public demand, the views of employees and the state of the ventilation in the pub.
Ms MacDonald, a former bar worker, said the proposal was a "probing amendment", which would permit a full debate on the law.
She added: "We have to look at this in terms of freedom of choice and what the individual citizen is allowed. Smoking is not illegal in itself."
Ms MacDonald said there was a need for greater consistency among Scotland's lawmakers. "I'm not sure you can look at tobacco in isolation from other substances which are dangerous to the individual and potentially affect the rest of the community, such as alcohol," she said.
Paul Waterson, chief executive of the Scottish Licensed Trade Association, said he was glad an MSP agreed with choice in the marketplace.
But he expressed concern over how it would be decided which pubs would be allowed a licence.
"There would have to be a set criteria laid down centrally," he said. "It would be unfair it some pubs were allowed a licence and other weren't just because of a decision by an individual licensing authority."
Meanwhile in Wales, members of the Welsh Assembly have voted overwhelmingly in favour of a ban on smoking in public places.
The assembly has yet to be granted devolved powers, allowing it to bring in a ban, but is expected to be given independence from Westminster later this year.