Dublin Jack, the first pub in the city to ban smoking, is facing prosecution because its policy is allegedly forcing smokers into the street and causing an obstruction. Noel Smyth, managing director of Delaney's Development, which owns the Dublin Jack, said a notice of intended prosecution from the Food and Environmental Hygiene Department accused the pub of causing 'obstruction to the pavement'. He said the smoke-free policy might have to be overturned in the face of the possible action. 'We might have to change the policy, as it seems that the government does not know what to do and how to execute the smoke-free policy,' Mr Smyth said. 'We made our pub a smoke-free one last August and smokers now need to go outside, so we provide them two barrows with ashtrays on them. Now the department is saying we are causing an obstruction on the pavement. 'The policy is pushing smokers out of restaurants, and where can they go? We cannot just let them stand outside and let ash fall on the ground. But I must say we support the smoke-free policy, and we do enjoy increased revenue after banning smoking at Dublin Jack.' The warning letter, dated December 22, said an inspection conducted by the department on the day before found pavement obstruction was caused in front of the Cheung Hing Commercial Building, where the bar is located. 'It is very upsetting,' Mr Smyth said. 'We are all for the smoke-free policy, but the government is not. People can stand outside bars, cafes and restaurants and smoke in Lan Kwai Fong; why can't our customers?'