Smoke ban rebel Tony Blows is quitting the trade - an announcement which comes on the day he pleaded not guilty in court for flouting the ban.
Blows did not appear in person before magistrates this morning to enter his "not guilty" plea.
He is accused of smoking himself and allowing others to on 4 August at the Dog Inn in Ewyas Harold, Herefordshire.
It has really come to something when I can't even smoke in my own pubTony BlowsDog Inn
He faces further charges of failing in his duty to stop customers smoking in the pub on 23 July by Herefordshire council.
The case has been adjourned until 21 January.
"I am fed up and have put the pub on the market," he said. "The smoking ban was the final straw. It has really come to something when I can't even smoke in my own pub."
Blows is also worried about his ill-health as he suffers from diabetes.
The 48 year free of tie lease is on the market with GA-Select for an asking price of £125,000.
"It is priced to sell," said Blows. "My health has gone downhill and I have diabetes. After 30 years in the trade, it's time to retire."
However, Freedom To Choose member Blows has vowed to continue his fight against the smoking ban and will see his court case through.
His defence rests on the fact that he has "done his bit" by informing all his customers of the law but that 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."