A bar owner is flouting the smoking ban because he believes he will be exempt from prosecution while a judicial review against the ban is pending.
David West, owner of the HeyJo Club, a private members' club in London's Mayfair, is set to challenge the Government over the ban in the High Court.
Cherie Blair, the wife of former Prime Minister Tony Blair and a barrister specialising in human-rights law, is representing West and his current business partner Harry Barnett.
Westminster City Council has issued the club with a written warning, but West's lawyers are confident that any legal action brought against them will be adjourned until the High Court hearing.
No date has been set for the hearing.
However, MA legal editor Peter Coulson said: "The smoking ban is the law of the land and will be until the law is overturned. It would be dangerous for anyone to allow or support smoking on their premises."
West's legal team said the case could cost £500,000.
l Smoke-ban rebel Nick Hogan, licensee at the Swan in Bolton, is to be taken to court by the local council for flouting the ban. Hogan failed to attend a meeting with environmental-health officers at his pub last week and the council is now preparing to set a court date.