The decision on lifting a controversial ban on smoking at a historic market has been delayed until next month.

Dartmouth Town Council made the decision at a meeting on Monday, September 2, as a key voice in the debate, Cllr Lucy Williams, was unable to attend.

The council announced in March that the Dartmouth Old Market was to be a non-smoking area, and ever since there have been talks in committee and full council meetings over whether to lift it.

In a corporate property meeting on Thursday, July 18, Cllr Williams asked why the market tenants hadn’t been consulted.

Cllr Williams also asked for proof of complaints against smoking.

Legalities became unclear in talks, and councillors agreed last Monday that the law was “woolly”.

The law states it is illegal to smoke in public areas and workplaces that are enclosed, or substantially enclosed.

The debate is split as some define the market to be enclosed, similar to that of a train station, while others view the large open space as reason enough to allow it.

For an area to be substantially enclosed, it has to be a structure with a roof, and an opening in the walls less than half the area of the total wall space.

In a previous council meeting Cllr Richard Rendle said that while he is against smoking, there should be a compromise to support the cafes.

In the meeting last Monday, he said: “It’s worthy of a little bit more discussion.”

Workers in the market units were asked over the past few weeks whether they agree or disagree with it.

Cllr Adam Edsall suggested that traders with stalls on market days should also be consulted, as many work in the market at least once a week.

Tim Lock runs the Market Cafe, which has tables both inside and out.

He claims to have lost out on valuable business since the smoking ban came into effect and thinks it is unfair as all other eating or drinking establishments in the town with tables outside allow customers to smoke.

He also says that since the ban was put in place, cigarette butts on the floor have doubled and that it’s not properly policed.

When he started running the cafe, he said he was informed that people would be able to smoke there.

Mayor Cllr Graham Webb proposed asking the opinions of traders, and to seek more legal clarification.

The item will be discussed at the corporate property committee meeting.