Hamish Howitt is being prosecuted for allegedly allowing smokers to light up in his pub in Blackpool and was appearing at the town's magistrates' court.
Council officers summonses on Mr Howitt in at the resort's Happy Scots Bar.
Mr Howitt has been a staunch critic of the ban since it came into effect on July 1 and has even set up a political party named Fight Against Government Suppression (FAGS).
Owners and managers of pubs, clubs and cafes are legally-bound to enforce the ban and face fines of up to pounds 2,500 if they fail to do so.
WHAT'S HAPPENING HERE?: PAGE 12