A Bradford city centre restaurant is facing trial over allegations it broke smoking legislation by allowing customers to smoke shisha pipes on the premises.

It is the first such prosecution by Bradford Council under the new laws which came into effect this summer, and it could land Markaz Restaurant and Shisha Lounge with a hefty fine.

The Centenary Square venue opened in October 2005 providing a "shisha" lounge for the smoking of fruit flavoured tobacco in hookah-style pipes, but all such smoking venues were included within the letter of the ban on smoking in enclosed spaces in England.

Before the all-out ban was introduced in July, Markaz told the Telegraph & Argus they would switch to tobacco-free herb products instead. However the law prevents any substances being smoked in enclosed public spaces.

There are three charges against the company - two relate to failing to stop customers smoking on two separate occasions, and one is over a failure to display No Smoking signs.

This follows two £200 fixed penalty notices which have been issued in the past and paid over the lack of signage.

Markaz could face a maximum fine of £2,500 for each of the offences related to allowing customers to light up.

A trial has now been fixed for February at Bingley magistrates after two appearances at Bradford Magistrates' Court.

The shisha pipe is smoked slowly, through a water filter, with flavoured tobacco or herbal alternatives.

Markaz's website is still advertising its shisha lounge as selling tobacco and tobacco-free products with flavours ranging from double apple, lime lemon, mint and silver fox apple.

Some shisha smokers claim the pipe is less harmful than cigarettes, partly because the tobacco quantities are small.

And there has been a Save the Shisha campaign in an attempt to keep this part of Middle Eastern culture alive in England.

Another of its aims was to raise money for a judicial review of the ban. They are calling for an exemption on cultural grounds.

Co-owner Shabbir Merali, who will represent Markaz at the trial, said they would be arguing "reasonable excuse" and hoping for a situation similar to the u-turn in New York where shisha businesses are exempt.

He said: "This is our public defiance. There are likely to be a number of cases in Manchester next year and these could all form a test case."

Co-owner Syima Merali said: "I've been told that under the letter of the law you cannot light a piece of paper and burn it."