Smokers in Stoke-on-Trent are able to continue to light up due to a mix-up at the city council that left local authorities unable to issue fixed-penalty fines.

A spokesperson for the council told the Staffordshire city’s local newspaper, The Sentinel, that the botch occurred because the council has both a mayor and a council manager.

“We believed the enforcement powers were delegated to the director of community services, who relies on advisers from the licensing and legal department, but we found they were not.”

However, the council said that it will still take action against licensees and smokers who blatantly flout the law, because although it can’t issue spot fines, it can issue a court summons if necessary.

Head of regulatory services, Peter Devaney, said: “We have the power to prosecute individuals and businesses and have been able to since 1 July this year.

“In June, we were notified about the final legislation coming in and set the wheels in motion for our Licensing and Consumer Protection Committee to bring fixed penalties on stream by 16 July.

“Our intention has always been to use the first few weeks of the ban to inform and educate people, but people who deliberately flout the law, including publicans, must recognise that they are at risk of prosecution.”