Howitt, 55, of the Happy Scots Bar on Rigby Road, Blackpool became the first publican in England to be convicted for breaching the smoking ban legislation last November.

He appeared in court again yesterday after receiving further summonses from Blackpool Council for continuing to flout the ban.

Preston Magistrates' Court was told that officers from Blackpool Council visited the bar on five separate occasions last November – the first time just two days after he was fined £500 for letting his regulars light up.

Each time the bar was thick with smoke and customers were spotted smoking in full view of staff who did nothing to stop them, the court heard.

Representing himself, Howitt, who denied the charges claiming the laws breached human rights, said: "It is an oppressive law.

"It is affecting my business. I am on the verge of bankruptcy.

"The Health Act 2006 is not proportionate. Smokers should be given a life as well as non-smokers.

"I'm having to push blind people and those in wheelchairs out into the street."

Disagreed

Howitt argued he should be exempt from the law because his premises were not public, as he ultimately decided who was allowed in, and he said there was no proof that smoking itself killed.

District Judge Michael Singleton disagreed and convicted him of five counts of failing to enforce the ban.

He said: "The defendant asserts that the Health Act 2006 and its enforcement are in breach of the Human Rights Act 1998.

"In my view it is not in breach of that act or any articles under the European Convention of Human Rights. He has asserted the premises are not open to the public but I am satisfied they are."

Howitt was fined £250 for each of the five counts of flouting the ban and £100 each for breaching seven separate conditional discharges imposed at the last hearing in November, £2,000 prosecution costs and a £15 victims' surcharge to the court.

Mr Singleton warned him he could face prison if he did not pay the monies owed within 28 days.

Outside court, Howitt confirmed he was preparing to take the case to the High Court to seek a judicial review.

Howitt has been a staunch critic of the ban and has even set up a political party named Fight Against Government Suppression (Fags).

He has since renamed his pub, The Freed Inn 2 Choose.