The owner of the Capital Hotel says the city's no smoking bylaw will be changed, and charges under the bylaw against his establishment dropped.

Maurice Byblow said he and two other bar owners took the matter to court based on their inability to enforce the bylaw to the degree demanded by the city.

Byblow said in an interview this afternoon bar owners simply can't fulfill the requirement under the bylaw to remove individuals who light up.

'We can tell people they are not allowed to smoke, which we do,' he said.

He spoke after the Star learned that changes to the bylaw are coming down the pipe at breakneck speed.

'And we can tell people they cannot be served while they are smoking, which we do. We can tell people they have to leave, which we do.'

The bar owners and staff, however, cannot physically force somebody to leave, Byblow emphasized.

He said they can call the RCMP, which they do, and they can call the bylaw department, which they have, but they cannot force somebody out.

He and the staff at the Capital have called the bylaw department so many times they've filled up the answering machine, he said.

Byblow said it's his understanding the charges will be dropped, and city council will hold a news conference following Tuesday night's council meeting to announce a new bylaw, which he expects will be whipped through to third and final reading by the end of the month.

'I think the city now realizes that under the (territorial) Municipal Act, they do not have the right to pass on their enforcement obligations to small business owners.

'I think they have now had a change of mind and they are going to change the bylaw,' he said. 'So that is where we are at.'

Byblow said bars owners and staff are prohibited from physically forcing somebody to leave because of conditions in their insurance policies, whether it's for smoking or being unruly.

While city council is remaining quiet on the potential changes, acting mayor Dave Stockdale confirmed today some adjustments may be made to the wording of the smoking bylaw, which restricts smoking in public places.

'There's been a little bit of a glitch,' said Stockdale.

The wording, the acting mayor added, isn't clear on who's responsible for enforcing the no-smoking rule.

He said the city's intent in the bylaw was that the proprietor is responsible for enforcing the bylaw, though there are cases where a person renting a building should be responsible.

Stockdale would not go into detail on exactly how the bylaw will be changed.

'I can't be more specific than that,' he said.

The acting mayor also said he is unsure just how the changes will impact charges laid against the three local bars accused of breaking the smoking bylaw.

The case is scheduled to be back in court on Feb. 23.

All three bars including the Capital, Sam McGee's Bar and Grill at the 202 and the '98, owned by Coun. Mel Stehelin, were charged with failing to request that people desist from smoking, failing to take measures to stop patrons from smoking and failing to remove ashtrays from the bar.

The public smoking ban came into effect in January 2004 for all public places except bars and the Porter Creek Billiards, which received a year's grace from the bylaw.

The maximum penalty for breaking the bylaw is $500.