A Derbyshire licensee has been threatened with legal action after being told his smoking shelter is 64.8% enclosed.
The information was given to Keith Bannister in a letter from his council, which said he must reduce the walls of his shelter by 5.1sq m. Walls of smoking shelters must be 50% open to the elements.
Bannister, of Harleys Bar in Chesterfield, said: "I am prepared to go to a court of law to decide whether my smoking shelter is legal. I feel the way you [the council] have conducted yourself is totally unprofessional, and you have not at any point offered to meet me or my team to bring this dispute to an amicable settlement."
A letter from the council's Environmental Services, dated 4 March, invited Bannister to an interview "under caution".
It said: "As you are aware, the council believes your smoking shelter is substantially enclosed and does not comply with the Health Act 2006." It continued: "Depending on what you tell us, we may take criminal proceedings against you."
Bannister added: "I feel you [the council] are making an issue of my shelter because of Harleys high profile."
The interview is scheduled for Thursday (19 March).