Jim McCabe, the Labour leader of North Lanarkshire council, one of the largest local authorities in Scotland, smoked three cigarettes during an interview in his council office with a magazine journalist.

The Times has learnt that Mr McCabe asked the journalist “Do you mind?” as he took out a packet of cigarettes. When she said that she didn’t mind but warned him that he was breaking the law, he shrugged and carried on.

Council officials say that they have decided not to fine their leader. He will instead be given a warning.

As leader of the council Mr McCabe is in charge of implementing the ban in his own local authority area. Council employees who want a cigarette have to go outside and brave the elements because the council has decided not to provide smoking shelters.

Holyrood, a political magazine based in Edinburgh, which carried the interview, also claimed that Mr McCabe, a leftwing admirer of Tony Benn, uses nicotine patches “symbolising his intention to quit”.

The ban on smoking in enclosed public places was introduced in Scotland last March and people caught smoking in banned areas face a £50 fixed penalty fine. Any organisation not enforcing the ban can face a fine of up to £2,500.

Maureen Moore, the chief executive of ASH Scotland, expressed disappointment at Mr McCabe’s “flagrant” breach of the legislation. Mr McCabe said: “I accept that I was in the wrong and I apologise.”

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