The wide-known illusionist Pete Firman, who participates in different TV-shows, demonstrates the case when magic and law walk on opposite sides. Firman is guilty of his ignoring of the smoking ban that came into effect on July, 1 on the entire territory of Great Britain.

The trick that Firman shows is lightening up of the entire cigarettes pack and swallowing them one by one while they are smoldering.

There exist some exemptions even in England, such as a permission of on-stage smoking etc; this freedom isn’t allowed in Scotland.

This means that in spite of the fact Fireman performed his crowning trick freely on the territory of England, it is illegal from the viewpoint of smoking ban on Scotland territory. However, the 27-years-old conjurer has no intentions to stop with it; moreover it is affirmed that he is going to perform the popular final to his show when he appears at the Smirnoff Underbelly next month.

The illusionist has commented his point of view on the problem: “I don’t have a problem with the idea of a smoking ban, but I find it ridiculous that performers like me have prohibition to light up on the stage as a part of their performance. In England and Wales there is a dispensation for performers who need to smoke. It’s just crazy that I will be able to present this trick in venues there, but not during the biggest festival in the world.

Also, he added: “I spent three months practicing this part of my number just to get to the point where I could use a whole packet of cigarettes. Since I started performing it, it’s been one of the most talked about moments of my show, so I’m not going to back down and cut it out.”

The city council officials keep to another opinion and intend to contact Firman before his Fringe performance trying to convince him to change his program, or a fine for magician and venue that would accept the presentation, will be applied.

A Scottish Executive spokeswoman said: “The law is clear - smoking is banned in public places excluding a small number of exemptions. We have no plans to create further exemptions to the ban and we expect local authorities to take appropriate action against individuals and premises who flout the legislation.”

As a result, Fringe venue will be routinely attended by smoking enforcement officers.

Councilor representatives have optimistic view about public smoking. Councilor Robert Aldridge, the city’s environment leader, said: “The council is working closely with the Fringe to provide information on the smoking ban legislation for them to pass on to their venues, performers and audiences. The compliance with the ban remains extremely high in Edinburgh. We are confident that festival performers and visitors will continue to respect the smoking ban, and revel in the city’s smoke-free atmosphere.”

The dramatic art workers have another opinion. John Stalker, the chief executive of the King’s Theatre, said the Scottish ban can influence the local theatrical world. He said: “There were very mature debates made in England for an exemption, which were accepted by the government, so I’m saddened that we couldn’t do the same here.”

He added: “There’s a risk that some productions that include smoking could decide not to bring their shows up to Scotland at all.”