This new purge by Burnley Council has caused anger and one landlord has branded the threat of prosecution as unfair. The council says there has been an increase in litter in the streets, mostly smoking-related, in the months since the smoking ban came into effect.

Now, letters have been sent to licensees, stating the council can serve street litter control notices. These require the occupier of the business to keep the surrounding land free from rubbish or face penalties under the Environmental Protection Act 1990.

But the landlord of Molly Rigby's, in Mill Street, Mr Tommy Large, claimed much of the litter outside pubs and clubs comes from passers-by.

"We can't be held responsible for everyone else's litter," he said.
"My concern with this is that the council is targeting public houses. There are smokers outside cafes and hospitals. There are fag ends everywhere. Why are they targeting us? Threatening us with criminal prosecution and a fine of £2,500 – I mean where are they coming from?

"This legislation came in 18 years ago. The smoking ban was forced on us and if they'd been a bit reasonable and let us have a smoking area inside there wouldn't be smoking-related litter. We regularly sweep outside the pub and I don't have a problem with that."

Mr Large's feelings were echoed by Mr Jack Jessop, a regular at the Starkie Arms. He sweeps the smoking areas at the front and back of the pub three times a week, but said often the culprits are not smokers using the pub.

"People sit waiting for the bus and drop cigarette ends on the floor. Some people drive past and throw cigarette ends out of the window. The problem with litter is getting worse but it is not just the smokers from the pub," he said.

Mr David Brown, Burnley Council's director of environment, said: "Smoking litter outside pubs is an unintended and unacceptable consequence of the smoking ban. It is a national issue and the Government has given local councils the powers to take action.

"Burnley Council is looking to landlords to ensure the area around their pubs is kept clean from smoking litter, just as they would have kept the inside clean through emptying ashtrays."