SINGER Shaun Ryder has landed a venue in hot bother after smoking during a gig.

The Happy Mondays frontman lit up near the end of his band's concert at the Carling Academy in Newcastle on Tuesday night.

And yesterday representatives from Newcastle Council said they would be visiting the venue to investigate whether staff are implementing the smoke-free laws which came into force on July 1st.

While some theatre productions are allowed to feature smoking to protect 'artistic integrity' Shaun Ryder is not covered by the same loophole.

Earlier this year, Ryder, 45, lit up at the Ritz in Manchester which was later visited by environmental health bosses to make sure it was adhering to new laws.

Carling Academy management yesterday said they immediately approached Ryder and asked him to put out his cigarette, but Newcastle Council said its officials would be seeking talks with them.

A spokesman said: "Newcastle City Council has a legal duty to enforce smoke-free legislation to improve the health of everyone in the city.

"We will soon be seeking informal talks with the venue owners and asking them if they have adequate procedures in place to stop both artists and audience members breaking the law by smoking.

"We want to make sure the management are aware of their responsibilities to provide a smoke-free environment and we believe a firm yet unconfrontational approach is the best way."

Recent figures showed that there is a 98 per cent compliance in the North-East with the no-smoking laws, the highest rate in the country.

Ailsa Rutter, director of Fresh - Smoke Free North-East, said: "This law is about protecting the vast majority of the public, who are non-smokers, from the lethal effects of second-hand smoke.

"It applies to everybody, whether they are a performer or not. The fact is the Carling Academy is a workplace, just like anywhere else.

"The management at the Academy should make sure all steps are in place to ensure everyone complies with the law, which applies to everyone, including the Happy Mondays."

Lousie Kovacs of the Carling Academy said: "We proactively enforce the smoking ban at the Academy. The police is clearly displayed throughout the venue and communicated to all customers, staff and artists.

"We are aware of our obligation to enforce the ban and neither during or post performance by the Happy Mondays on Tuesday, October 2, did we receive any complaints or comments from anyone who attended the show.

"We are grateful for the co-operation of Shaun Ryder and the Happy Mondays, following his oversight and our immediate approach to stage meant the cigarette was extinguished immediately."

The band's management declined to comment on the matter yesterday.