empip said:The definition of a "public place" was of concern to your Lordships. Therefore, I have taken extensive advice on it. A public place means any premises or place to which, at the material time, the public or any section of it have access, on payment or otherwise, as of right or by virtue of express or implied permission.
Lords, Hansard 3 Apr 2004 : Column 550.
That appears to be for the purpose of defining the jurisdiction of the particular tobacco legislation. I doubt it has the effect of defining all those places as public in the sense they are publicly owned. Breezers point of the bar owner sueing you seems valid as it is a place which is owned by an individual or possibly a company. It is not a public place in the sense a public authority has responsibility for what happens inside it.