A pub in Cornwall has failed in its attempt to become a Peruvian consulate, and thereby escape the smoking ban.

The landlords of the Peruvian Arms in Penzance, an 18th century pub built with the proceeds of the Peruvian silver mines, received a letter from the Peruvian Ambassador to the UK, Ricardo Luna Mendoza, turning down their request this morning.

"They said 'No', of course. Due to the Geneva Convention and things like that," said Debbie Trevithick. "The Ambassador said they were going to have a meeting about it, but it was only a joke I suppose."

Lima was apparently unmoved by Ms Trevithick's offers to accentuate the already Peruvian aspects of the bar should it be granted consular status, including promises that the staff would learn Spanish, play the national anthem, observe Peruvian holidays and buy a llama.

"It's a no no for us," said Angelica Calderon, the head of political affairs at the Peruvian Embassy in London, who said the Ambassador met the Anglo-Peruvian society to discuss the request. "There are some international regulations about this."

Ms Trevithick said the pub decided to seek consular status after receiving a present from the Peruvian Embassy and once being invited in for tea and cake. She is eager for customers to be able keep smoking after the ban comes into effect in enclosed public spaces on July 1.

"Even the ones who don't smoke don't want the ban," she said, saying that 99 per cent of her customers smoked. "They don't care about second-hand smoke or whatever it is. I think it's going to spoil the pub trade a a little bit."

With 65 days to go before the ban comes into effect, Ms Trevithick said she would be looking for other loopholes in the law to exploit, although the largest one — which has allowed smoking to continue in prisons because cells are, in effect, prisoners' private homes — is not that appealing. "A permanent lock-in?" she said. "That might be funny."

Consulates and embassies are exempt from the smoking ban, which covers all pubs, clubs, membership clubs, cafes and restaurants in England, under the cloak of diplomatic immunity, the Department of Health confirmed. Although it is unclear whether becoming a Peruvian consulate would have been an advantage for Ms Trevithick's pub: the country has had its own smoking ban since 1991.

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