Confusion reigns over whether Accrington’s outdoor market is covered by the smoking ban.
Customer Steve Rushton had called for action to be taken after seeing people smoking in the outdoor market, underneath the canopy.
But a council spokesman said that it was not clear whether the area was covered by legislation banning smoking in public buildings – despite no smoking signs appearing in the market.
But Mr Rushton, 63, said: "People of all ages are smoking there especially on flea market days.
"It’s been going on for quite a few months now and I’ve frequently said they are not supposed to smoke in there, but when you do, you usually just get a mouthful back. The situation is getting worse. If this is covered by the law, then it’s not just a by-law they are breaking by doing this."
Mr Rushton, of Askrigg Close, Accrington is married to Rita and has a daughter Joanne.
He added: "I wander around the flea market quite often and you see babies in push chairs with people smoking nearby – it shouldn’t be allowed to happen. I’m an ex-smoker myself but I gave up a few years ago – and I never used to smoke in the open market as it’s harmful for others.
"If they are caught, and it’s illegal, then they should be fined whatever the appropriate fine is. It’s up to someone to police it.
"If nobody does anything, it’s just going to get worse."
The smoking ban which came into force on July 1 2007 bans smoking in all 'enclosed public places.'
There are however several exemptions to the law including some bus shelters and phone boxes, hotel rooms if they are designated for smoking, prisons and off-shore oil rigs in designated rooms.
Councillor Clare Pritchard, cabinet member for Markets said: "We are not aware of this issue, but will look into it and talk to people in that area to remind them that smoking in a covered area is against the law."
The outdoor market is open Monday to Saturday, with Wednesday trading optional.