According to the inspectors, the courtyard area outside the pub is enclosed space — making it illegal to have a cigarette there. However, Dundee City Council pledged today that the pub would not be held responsible for any passers-by who are caught smoking in the pend.

The area is currently filled with scaffolding as contractors are carrying out work on behalf of the council to transform a nearby building in Gardyne’s Land into a 90-bed hostel.

Bar manager Kirstyn Bruce said she first became aware of the problem last week when the two inspectors visited her at the premises.

She said, “We had the inspectors in saying customers couldn’t smoke outside as the scaffolding forms a roof and so the area outside is an enclosed space.

“They say I am responsible for all the people outside as there are bins there — even if those people are just walking past.

“I have told all my customers if they want to go out for a cigarette they have to go all the way out to the High Street or to the back of the Forum Centre, although they get complaints for standing there too.

“The council has made it harder for us because the workmen’s portable cabin is in our beer garden.”

Kirstyn added that her own customers had fully complied with the ban since it was introduced last month — and had remained patient despite the further inconvenience now being set before them.

She said, “They realise it is not our fault and we are doing all we can.”

A spokeswoman for Dundee City Council said, “The New Inn entrance is considered an enclosed space and patrons from The Arctic Bar should not be smoking there.

“However, we would not expect The Arctic Bar to be responsible for anybody just walking through it.”

“The council is inquiring as to who owns the actual land in this area and will then be contacting them telling them of the need to put up no smoking signs as it is a substantially enclosed area.”

She added that if bins for cigarette stubs were in an inappropriate area then the council could order the owners of these to move them.