The Association of Licensed Multiple Retailers (ALMR) has slammed the partial publishing of smoking guidance by the Government, describing it as "too little, too late".
He also attacked the delay in publication, arguing the regulations governing semi-enclosed and outside areas hadn't changed from those in this summer's draft, with "no sign that the concerns of operators have been considered".
Bish said: "Operators at last have the chance to get on with planning how they look after their customer, but there is still the gamble of investing twice - once for what they think they are allowed, and again to comply with the local enforcers' interpretation of the rules."
The ALMR is concerned that the definition at present would for example fail to understand the issue of courtyards, where under the current rules a parasol could disqualify the area from being deemed outside.
Remaining regulations governing exemptions and fines under the Act are promised by the Department of Health "in the New Year", a spokeswoman said.
A smoking ban in all enclosed public places in England is set to start on 1 July, 2007. Wales, which will have separate regulations published, is planning to start its restrictions 2 April, 2007.