Fallacy 1: drinking harms people other than those drinking. It is possible for drunk people to cause others harm but currently in the eyes of the law the responsibility for actions while drunk are with the actor not the alcohol.

Fallacy 2: you have the 'right' to smoke anywhere you like. Currently ABH, GBH and manslaughter are illegal... a US Environmental Protection Agency report in 1993 classified ETS (Environmental Tobacco Smoke) as a class A (known human) carcinogen, a category reserved for only the most dangerous cancer-causing agents... passive smoking is known to cause serious harm or death... how is this different from ABH, GBH or manslaughter?

Fallacy 3: banning smoking is financially unviable. Smoking is currently banned (in public places) in California, parts of Australia and parts of Holland... so far in California there has been a slight increase in trade in bars, pubs and restaurants... in Australia and Holland there has been no significant change.

Fallacy 4: alcohol inevitably causes harm (like smoking). Alcohol only causes serious harm when taken in extreme excess... small amount of some alcoholic beverages have been shown to have some beneficial effects.