Smoke rebel Tony Blows is being prosecuted for flouting the ban at his Dog Inn pub in Ewyas Harold, Herefordshire.
Blows will appear before magistrates on 26 October for allegedly smoking himself and allowing others to on 4 August.
I can't put my staff in a position where they might be threatened with violenceTony Blows
He is also accused of failing in his duty to stop customers smoking in the pub on 23 July by Herefordshire council.
However, Blows remains defiant. "To be honest I think they are idiots," he told the morningadvertiser.co.uk.
"They are going to spend a lot of money getting nowhere. I have spoken to my solicitor and we are confident. This will go all the way to the European Court if they pursue it."
Blows claims he has "done his bit" by informing all his customers of the law but said he cannot risk the safety of his staff by making them enforce it.
"Because of the Health and Safety Executive's violence in the workplace legislation I can't ask my staff to enforce the ban. If someone wants to light up I will tell them it is illegal but I can't put my staff in a position where they might be threatened with violence.
"If they tell someone to stop smoking and that person rears up I'll tell them to get on with it."
"The legislation says I must take reasonable steps to stop people smoking and I have done that."
He added: "The support I have received has been overwhelming. I have had offers of financial help but I have not yet taken that up."
Blows said he would continue with his policy at the Dog Inn.