A COMEDY club owner believes he has discovered a loop-hole in the smoking ban, allowing customers to have the last laugh.

Since July 1 anyone smoking in an enclosed public place could face a £50 fine, while the management could be fined £2,500.

But Dave Perkin says customers may be able to carry on smoking at his Frog and Bucket club provided they are willing to get on stage and tell a joke. Mr Perkin says he has researched the legislation and discovered that smoking is permitted if it is an integral part of any performance.

He said: "We hold a famous `open mic' night on Mondays and as long as the audience come up on stage and tell a joke about smoking then they can light a cigarette while they are doing it.

"The laws stipulate that smoking has to be an intrinsic part of that performance to be allowed.

Performance

"The law uses the example of a play about Winston Churchill as an instance of when someone needs to be able to smoke as part of their performance.

"Originally, I was very much opposed to the legislation as I thought that it was an infringement of people's civil liberties but I can now see the wisdom in protecting employees from smoke."

The club, in Oldham Street, Manchester, is credited with launching the careers of Peter Kay and Johnny Vegas.

A Manchester council spokesman said the onus would be on Mr Perkin to prove smoking had taken place as part of the `fundamental artistic integrity' of any act.

He said: "The law also includes a limited exemption for performers where the artistic integrity of a show makes it appropriate for that performer to smoke. The exemption only applies during the performance. The onus would be on Mr Perkin to prove smoking was indeed fundamental to the artistic integrity of the performance."

Environmental health officers are to visit managers at The Ritz in Manchester city centre after Happy Mondays frontman Shaun Ryder chain smoked his way through the band's performance and a number of fans copied him.