Jason Fellows, landlord of the George Inn in Healey, said it was unfair on the rest of the landlords who are abiding by the law.

The ban came into force last July and it faced a mixed response from Batley and Birstall landlords.

Some were worried business would suffer because smokers would prefer to stay at home instead of smoke outside in the cold.

Mr Fellows renovated his pub by adding a smoking shelter in time for the ban and also brought in food to pull in the crowds.

But he is upset to see many landlords allowing punters to smoke on their premises: "I think it's wrong. They are openly doing it. We should all be on a level-playing field. People caught should be fined. By the time they paid the fine they would realise they could have invested in a smoking shelter."

He named three pubs in the area where he found people holding their lighted fags inside.

The hard work paid off for Mr Fellows, crowned with a five-star rating from an on-the-spot Kirklees food inspection.

He said: "After Christmas we were expecting a down-turn but there was no effect. If anything, we got busier, especially with the food. We get bands in too. There are more families coming in.

"I smoke but I think the pub is better for the ban. It's a lot cleaner and you don't smell after a night out."

Jonny Boyd, manager at Wetherspoon's Union Rooms, also named some Batley pubs still laying out ash trays.

He said overall the pub industry was quieter across the country but their company had bucked the trend by offering more food.

But David Jones, landlord of the Wilton Arms in Commercial Street, said the ban was bad news for his business.

He said: "Rainy days are a perfect example – people come after work but they don't want to have to go outside to smoke. I couldn't afford the fines so it's not worth the risk, but I know there are pubs in Batley who are flouting the law.

"I prefer no smoking though as you don't get the cigarette burns or the stench of tobacco."

Kevin West, landlord of The Commercial pub in Wellington Street, denied rumours he was allowing people to smoke.

He said he abided by the law but business had suffered.

He said: "It's just ridiculous. I don't see why we can't have some smoking pubs and others non-smoking. It has affected our business. We're a big games pub – people used to sit and play dominos and darts while they smoked but now it's non-existent. It's not the same atmosphere."

He said he had wasted £6,000 on air conditioning and £1,000 on a cigarettes machine long before the ban. Kirklees Council has announced a clampdown on smoking in pubs after news broke about a Huddersfield landlord openly allowing smoking.

He is due to appear before magistrates because of it.

Steve Noble, assistant director for environmental services, said: "Together with the police we want to give a clear message that we will not have mavericks breaking the law.