SMOKERS caught lighting up at a borough's bus shelters face on the spot fines under controversial new plans.

Blackburn with Darwen Council hopes to become the first authority in the North West to implement the ban.

Health bosses claim people waiting in bus shelters are subjected to passive smoking because they are in an enclosed space.

But critics claim it is just another move towards an all-out ban on smoking in public.

The plans are currently being drawn up by Blackburn with Darwen Council and the Blackburn with Darwen Primary Care Trust.

Bylaws will enable council officers to issue fines to people caught smoking at the stops.

Coun Maureen Bateson, executive member for social services at the council, said: "Blackburn with Darwen's community plan identified that cutting smoking and exposure to secondhand smoke is key if we are to improve the health of the population. Our aim is to reduce heart disease, stroke, and related diseases in under-75s by 40 per cent.

"The first stage of this is to progress towards smoke-free workplaces, schools and licensed premises. A specific aim is to reduce the number of women smoking through pregnancy and after birth.

"We have already taken steps to ban smoking in public buildings and we will be consulting people about extending it to other areas, such as bus shelters.

"Football grounds is another area we are looking at, too."

Dr Gifford Kerr, director of Public Health at Blackburn with Darwen Primary Care Trust, said: "On a windy day these areas can seem less enclosed than one might wish but people are often cramped closely together and can be exposed to risky levels of secondhand smoke.

"It's also in line with the Government's consultation, so may be subject to legislation in any case."

Smoking is set to be outlawed in all food-serving premises by 2008 and Blackburn with Darwen Council has already banned it in the shopping centre and markets.

The new legislation, which could come into force by the end of 2007, forms part of a Government White Paper entitled Choosing Health. It sets out plans for consultation with local authorities and health trusts over plans to ban smoking in public spaces.

Guidelines set out in the paper say people could be issued with £50 fixed penalty notices if they ignore any ban.

But a spokesman for smoking lobby group Forest said: "There is no conclusive evidence that passive smoking is a cause of ill health.

It's laughable because people are effectively smoking in the open air in a bus shelter."

And Liberal Democrat councillor Paul Browne, himself a smoker, agreed.

He said: "It is madness. Most of our bus shelters only provide minimum shelter from the elements and I really don't think it's a health risk."