Right,
Then put it like this.
A woman is sitting in restaurant in her pajama bottoms, eating a bag of crisps she brought in with her from outside and chatting loudly on her mobile phone. She pushes open the window, lit a cig and but was told by restaurant staff she was violating the smoking ban - not to mention she wasn't being respectful to other diners.
Enter thedaras! He studied law. He came up with innovative ways of getting around the laws and finding loopholes. "The issue of respect doesn't come into it, your honour - she did not murder anyone. We talking about a legal issue! Technically, she was not in the room! I rest my case, your honour!"
Oh you savvy legal eagle!
My view is, if you stink up a non-smoking room you could be liable for cleaning costs, they might even bill you for it (as you admitted happened happened to your mates in the UK). Refuse to pay the bill and it could result in legal action. And they do have a case because "my head was stuck out the window, I was not actually in the room" is pure nonsense. It's not a loophole any more than smoking in a restaurant with your head out the window is a way around the smoking ban.