Photographs which appear to show people smoking in a Bury Park rooftop shisha bar have been sent to the Luton News.
But Arabella Lounge owner Ali Sayes, 49, believes they were taken before he took over the premises in Nadeem Plaza four months ago.
He said: “The council visited us and told us exactly what we had to do to comply with the law.
“We were asked to remove a couple of walls which we have done and now the roof garden is open on one side.”
Mr Sayes, who used to run the Desert Rose in Bute Street, said the Arabella Lounge offers Arabic food and does not concentrate on its shisha side.
A council spokesman said: “Smoking, including shisha smoking, is banned from enclosed or substantially enclosed workplaces. A permitted smoking area needs to be more than 50 per cent open in order to allow smoke to effectively escape.”
He added: “We urge members of the public to think twice before taking up shisha smoking.
“An hour-long shisha session is the equivalent of inhaling up to 200 cigarettes’ worth of smoke.
“Sharing a shisha pipe also puts you at risk of catching diseases like cold sores (herpes), hepatitis and tuberculosis.”
If you’re concerned about whether smoking rules are being followed at particular premises call 01582 510330 ot email email@example.com
> For information about quitting smoking go to www.smokefreeeast.co.uk/alliances/beds_luton.html