A Coldstream publican says the smoking ban has cut business

John Grieve of the Commercial Inn said trade has dropped by 40% since the ban was introduced in Scotland.

He claimed a bar across the border was laying on a free minibus to ferry drinkers into England where smoking is permitted in public places until 2007.

The Scottish Executive said there was no evidence of pubs going out of business due to the smoking ban.

Mr Grieve said his business, along with others in the area, could go to the wall because of the cross-border difference.

"The effect on pub trade in Coldstream is absolutely ridiculous," he said.

"This is just government brought-in legislation where you don't have any control over what is going to happen."

The publican claimed his customers were being lured away by a mystery pub across the border.

I think it is so unjust - businesses are going to go to the wall and this is what all these people just don't realise John Grieve Commercial Inn

"We are still trying to find out what pub it is but unfortunately everybody is keeping quiet about that," he said.

"Why should someone take advantage of it?

"We are all in the licensed trade together - surely we should be sticking together on this issue and fighting the smoking ban that is coming in in England next year."

"We were guaranteed in Scotland that every pub should have the same level playing field," he added.

Mr Grieve said it had prompted him to consider ignoring the ban.

"I am tempted to defy the ban, I will openly admit that.

"I think it is so unjust - businesses are going to go to the wall and this is what all these people just don't realise."

'No evidence'

A Scottish Executive spokeswoman rejected that claim.

"There is no evidence to suggest that pubs will go out of business as a direct result of the smoking ban coming into effect," she said.

"Data from New York, where the ban has been in place for over two years, shows that in bars and restaurants takings were up, employment was up, openings were up and the number of liquor licenses also increased.

"The smoke-free law is about protecting lives and improving health.

"In New York there are now nearly 200,000 fewer smokers since 2002."