A TEACHER'S court victory over a council that failed to enforce its no-smoking policy at a Bob Dylan concert was described as "a significant legal breakthrough" last night.

The anti-smoking group ASH said it would have implications for every arena with a no-smoking policy.

Lynne Newton, who suffers from asthma, had to leave the concert after only one song because she was struggling for breath. There were large no-smoking signs at the Bournemouth International Centre but they were being ignored.

Rob Zuradzki, head of entertainment at the centre, said: "Although we have a non-smoking policy at standing or partially standing concerts, audiences tend to light up and there isn't much we can do about it.'

Mrs Newton, 51, and her husband Peter, 54, were refused a refund so she took legal action and eventually recovered the cost of the two £20 tickets and the travel costs from their home in Curdridge, near Southampton.

After Bournemouth County Court awarded £62 compensation and £30 costs, Amanda Sandford, of ASH, said: "We believe this is the first time this has ever happened in Britain. People attending concerts have their enjoyment ruined by smokers and this ruling puts out a clear message."

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