Portuguese smokers have been confined to the pavements since January 1, when new legislation banned smoking in many pubs and public places; so they were outraged to see a photograph of the man who had sponsored the legislation lighting up a cigar in a casino in the early hours of New Year’s Day.

António Nunes, the head of the Portuguese Food Standards Agency, who is charged with enforcing the new regulations, said that he had not realised they also applied to casinos.

“We must investigate to see if it is within the new law,” he said, in an attempt to explain his actions.

The Health Ministry promptly replied that his cigar was most definitely illegal. Smoking was banned in casinos as well as bars and restaurants.

Campaigners said that Mr Nunes had set a deeply unfortunate example, making a mockery of the law within hours of its introduction.

“It is a counter-productive image,” said LuÍs Rebelo, the president of the Portuguese Confederation for the Prevention of Tobacco Addiction. “He must have been misquoted because it is inconceivable that he does not know the law.” Portugal’s new regulations are relatively lax compared with smoking bans recently introduced in Britain and other European countries. It mirrors Spain’s piecemeal restrictions in exempting establishments with less than 100 square metres (1,076 sq ft) of floor space. Larger bars and restaurants must ban smoking altogether or set up separate nonsmoking sections. The law prohibits smoking at work and in public buildings.

In Spain the ban has been widely flouted. The vast majority of bars are small and most have opted to allow smoking. Anti-smoking campaigners claimed this week, however, that 1.6 million Spaniards had given up smoking since the law was introduced two years ago.

France and most parts of Germany also banned smoking in public places on January 1. French smokers who break the rules face fines ranging from €68 (£50) to €450, and owners of the establishment can be fined between €135 and €750. The law was originally introduced in February but restaurants, casinos and nightclubs were given a grace period in which they were allowed to get round to complying with the rules. Eight of Germany’s 16 states also banned smoking in public buildings, bars and restaurants.

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