For a landlord to fulfil their duty, all they have to do is say that smoking isnt allowed, and have those stupid orwellian signs up. They have no obligation to throw out or stop serving someone that smokes. None at all.
That is how easy it is for landlords to get their pubs back, and fortunately more of them are starting to do this. They are waking up to the fact that the smoking ban law is ineffective and unenforceable, and ever so easy to flout, as long as you read the actual law and know what it is saying, and apply it in reverse. It works. As time passes, the initial paralyzing fear subsides more and more, and landlords are really beginning to try it on. And succeeding.
The beauty of it is that when an anti threatens to report such a pub, it is a source of hilarity for regular, normal folk, because we know that it cannot be stopped. Antis are terrified of this. If antis were sure that everything truly is as they claim it to be, they would not bother at all going onto chat boards. They would just sit back and ignore the discussions, with very little interest at all, completely secure. The fact is however that this is not the case and they know it.