A restaurant owner campaigning for the right to serve shisha pipes on his premises appeared in court accused of ignoring the smoking ban.

Markaz Restaurant and Shisha Lounge owner Shabbir Mer Ali wanted the case deferred yesterday because Bradford West MP Marsha Singh is calling for a Government debate on whether shisha lounges should be exempt from the regulations.

He claimed if the Government were to act then it would leave Bradford Council, the organisation bringing the prosecution, in an "embarrassing dilemma".

But Bingley magistrates said the trial should go ahead.

Mr Mer Ali and his wife Syima face three charges of ignoring the ban, which has prevented people lighting up in enclosed public spaces from July last year. If guilty, they could face fines of more than £5,000. They relate to failing to stop customers smoking on two dates in August and failing to display the required No Smoking signs since September.

Richard Winter, representing the Council, told the court there had been considerable thought by the Government prior to the law being introduced about which premises should be exempt - and shisha lounges were not included.

And he added that, in fact, the Council gave Markaz a grace period' of about two months.

He said: "It isn't disputed by Mr Mer Ali that smoking has taken place on the premises. But the court cannot create an exemption to the smoking legislation."

Two of the Council's environmental health staff gave evidence at the trial and spoke of a number of occasions they visited Markaz and saw people smoking shisha pipes - which gives off a mix of tobacco and charcoal smoke. Mr Mer Ali, who admitted instructing staff to continue serving shisha pipes, said he was part of a national campaign to Save the Shisha' and its lawyers had even written to the Council and other local authorities calling for them to delay prosecution while they attempted to call for a judicial review.

"It was not the intention of the Health Act 2006 to put businesses out of business. It was to protect the health of passive smokers," the court heard.

Outside court, Mr Mer Ali said: "If we do not win this case, it will be a victory for absurdity and a defeat for common sense.

"We allow smoking in the reasonable belief that the Government will either give shisha establishments an exemption, a concession or at the very least financial compensation for the loss of our livelihood. If we stopped allowing shisha it would be economic suicide for us."

The trial was adjourned and is due to continue on March 7.