TEAMS of council enforcers are to be given the power to trail people who flaunt the ban on smoking in public places, including following them to their cars and homes.

Critics fear the move raises the prospect of local authorities using the officers as revenue raisers to boost their coffers. Similar charges have been levelled against the armies of private traffic wardens, dubbed “the blue meanies”, who now patrol Scotland’s streets.

However, supporters insist the hardline policy is essential to protect people from the effects of passive smoking.

Official documents, obtained by The Sunday Times, reveal that the Scottish executive’s own advisers fear that the strategy could provoke violent confrontations between the enforcers and members of the public.

The guidance, drawn up by the Scottish executive, Crown Office, Convention of Scottish Local Authorities, senior police officers and Royal Environmental Health Institute of Scotland (REHIS), warns that enforcers should not try to impose the fines in busy pubs and nightclubs without police back-up “due to risks to the officers’ own health and safety from taking this action”.

Enforcers are advised to confront offenders only after checking with local police that they have officers on hand to help out if the situation gets out of control.

Under the legislation, which comes into force on March 26, anyone caught smoking in a pub, restaurant or other public place will be liable to a £50 on-the-spot fine. They will be obliged to provide their name and address.

Environmental health officers — who will police the legislation — have been told to follow anyone who refuses to provide the information back to their home or car.

“If the person to be served with a fixed-penalty notice seeks to leave, local authority officers may consider following that person (so far as is practicable and consistent with the officers’ own safety) to their home, car or other location where they can be identified,” the draft guidance states.

The initial focus of enforcement activity will be on pub, club and restaurant owners who turn a blind eye to the law and allow regulars to continue to smoke. However, officials, acting on tip-offs from members of the public who call a dedicated hotline, will also target smokers who continue to light up in spite of efforts by publicans to discourage them.

Confirming that the ban could lead to violence, the guidance adds: “In carrying out enforcement, officers should attempt to minimise confrontation. However, where a public order situation is developing and immediate help is required enforcement officers should contact the police for assistance.”

Critics have condemned the strategy, which they say could provoke unnecessary alarm among the public. “This smacks more of a police state than a liberal democracy,” said Brian Monteith, the independent MSP. “It also throws up the possibility of civil disobedience, with people leading officers on a merry dance for hours as they attempt to find out where they live. The potential for mayhem during the Edinburgh festival is of comic proportions.”

However, Keith McNamara, a member of the working group and former president of REHIS, said action had to be taken against anyone breaking the law. “It’s about not letting these people get away with it,” he said. “If you can identify the person and get the name and address out of them so much the better, if you have to follow them so much the better.

“You obviously wouldn’t follow some 18-stone burly geezer if you were going to antagonise him. The approach has to be a reasonably pragmatic one — you’re not going to put yourself in danger for the sake of a £50 fixed penalty notice.

“But if it’s reasonably identifiable that someone is going back to their car you could certainly get the registration number or else maybe go back to their home.”

McNamara admitted that officials had already expressed concerns over their safety but said they were well trained to handle difficult situations and would work closely with police.

The executive said: “Scottish people are generally law-biding and we do not expect any widespread public disorder.”

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