Managed operator Barracuda has closed a smoking shelter to the public over concerns that it breaches the smoking ban regulations.
Council bosses think the veranda-style shelter at the Barracuda Bar, which is in Scunthorpe, north Lincolnshire, may be more than 50% enclosed when the two side shutters are down.
Barracuda fitted the shutters to comply with licensing conditions, which say it must be shuttered off after closing.
The shelter was created as part of the £850,000 development at the bar, which opened less than four months ago.
The local authority examined the shelter after a complaint from a rival operator, said North Lincolnshire Council's head of community and environment Trevor Laming.
Barracuda spokeswoman Sarah Calderbank said: "We are still trying to resolve the external area with the council.
"We are disappointed that we have had to take steps to adjust the area, which we believed was compliant, so soon after opening."
Calderbank added: "We are hopeful that a solution can be reached, but this
is likely to involve some
additional work to the premises."
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