A NON-SMOKING landlord is spearheading legal action against the Government in the run-up to the tobacco ban in public premises.

The landlord of the Carpenters Arms, in South Marston, is leading a judicial review against the Government's smoking ban.

Robert Feal-Martinez argues that the Government should make the installation of air filtering systems obligatory rather than banning smoking outright.

He is the campaign leader of liberation group Freedom To Choose, which has sent a letter threatening legal action to the Attorney General and the Secretary of State for Health.

The group claims the July 1 ban is breaching human rights by failing to respect the right to privacy of people who wish to smoke in pubs and social clubs.

It says the new law isn't compatible with some elements of the Human Rights Act 1998.

"There are alternatives to a total smoking ban that would satisfy everyone," said Mr Feal-Martinez.

"We have sent a pre-claim letter before action, which gives the Department of Health time to consider our concerns."

If the Government does not respond by July 1, the group says it will take the case to the High Court.

Mr Feal-Martinez believes it will be a legal test case, generating widespread public interest.

Freedom To Choose strongly advocates finding another way to reduce the harmful impacts of passive smoking.

"Freedom To Choose is not pro-smoking, we are pro-choice," he said.

"The smoking ban will only achieve an 80 per cent reduction of carcinogenic particles in the air.

"If ventilation systems were used, 99.9 per cent of harmful materials would be removed.

"We are saying you have a choice.

"A lot of people don't understand that a lot of the chemicals in smoke are contained in the atmosphere from cooking, open fires and formaldehyde."

He says he is yet to be convinced that there is a clear link between passive smoking and lung disease.

The Carpenters Arms expects a five per cent downturn in business when the ban arrives in nearly two weeks.

From 6am on July 1, virtually all public places will be smoke free including shops, pubs, bars, offices and vehicles for work and public transport.

Freedom To Choose has collected 16,500 signatures against the ban since February.