[Sidebar Moderator]

Not everything you post belongs in a Sidebar.

[Zuben Elgenubi]

Isobel Poole ruled that there was insufficient evidence to show that his state of undress had caused alarm to members of the public, therefore causing a breach of the peace.

So by the same line of reasoning, if a smoker can get surrounding people to say they are not bothered by second-hand smoke, the smoker is not breaking the law. This should work well in the bars of the UK.