The announcement that the smoking ban will not apply to dwellings must also not apply to pubs whose licenses also cover living areas, according to the Vintners Federation of Ireland (VFI).
The VFI is seeking immediate legal advice to establish the position and seek clarity on this "ill-thought out" legislation.
In a statement the VFI said: "The Minister must apply this exemption equally and fairly to all relevant sectors. The VFI is seeking immediate legal advice to establish the position and seek clarity on this ill-thought out legislation.
"This latest development of announcing exemptions for prisons, hotel bedrooms, nursing homes and hospices clearly illustrates the fact that this ban has been railroaded through without any thought or consultation and now the Minister has to backtrack.
The Irish Hospitality Industry Alliance (IHIA) has also criticised the Mr Martin's, exemption on the smoking ban in dwellings saying that 70 per cent of licence holders have what is known as a "pre-1902" licence which covers their entire premises including living quarters and buildings attached.
Spokesperson for the IHIA, Mr Finbar Murphy, told ireland.comthat under such a licence gardaí could enter a publican's premises and conduct a search of the whole premises - including the living quarters and attached buildings - at any time of day without a warrant.
"Under a pre-1902 licence, the whole premises is governed by that licence. Gardaí can search the whole premises without a warrant. If they were to find individuals drinking after pub hours in the private kitchen of the premises then the gardaí could determine that this was an extension of the business and the licence holder could be prosecuted and face and endorsement on their licence.
"We don't have a problem with that, but how can the Minister say that pubs with pre-1902 licences aren't exempt from the smoking ban when another organ of the State says the whole premises is governed by the licence. It is either one or the other," said Mr Murphy.