Whether it is or not, they're not also living under a suspended fine for previous persistent pitch crapness. We were given the chance to put it right, and failed.
They're not obliged to let you smoke there just because they legally could. Far easier to operate a blanket ban than have pernickety punters moaning about exactly where the mid-air boundary between the smoking and no smoking areas might lie.
Same way as every other sport deals with it: if video is inconclusive, referee's original decision stands. Video isn't supposed to make the decisions for him, just to override him if he's made an obvious error.