Smoke ban rebel Dave West faces magistrates today on charges of flouting the smoking ban.
Owner of HeyJo club West (pictured), reportedly worth £100m, and designated premises supervisor (DPS) Mark Fraher have both been charged by Westminster council with failing to display no smoking signs and failing to advise customers to stop smoking.
HeyJo hit the headlines post 1 July when it announced it had recruited the services of Cherie Blair to fight the smoking ban in the European Court of Human Rights.
Undercover environmental health officers visited the club and restaurant before the summons was served.
Undercover officers
"We have made no secret of the fact that we are allowing smoking so why do they need to send in undercover officers at the taxpayers expense?" said club executive Harry Barnett.
"This law is supposed to supposed to be about the dangers of staff in smoking environments yet Westminster council is sending their troops into danger zones without masks."
Barnett also believes it is unfair of Westminster to serve DPS Fraher with a summons as he does not decide on club policy.
But Barnett's real bone of contention is that the undercover officers stayed for a meal in the club's restaurant.
"It seems strange that instead of a quick coffee and then get out of this dangerous place, they decided to make a night of it."
A spokesman for Westminster council said: "We did send undercover environmental health officers in and they did have a meal. If they did not have food in a restaurant they would have looked very suspicious."
The MA will bring you news on the outcome later today.
