All three smoke ban rebels have revealed they are selling their respective pubs - but still face charges under the legislation.
One of the three, Hamish Howitt, licensee at Delboy's Sports Bar, in Blackpool, is due at the city's magistrates court on Monday (November 5) facing charges of flouting the ban.
Howitt said the reason he was quitting was the "cost of fighting the council".
"The smoking ban has crippled takings at my karaoke bar," he said. The freehold of Howitt's premises is on the market for £600,000, through agents GA Select.
He added he was looking to get a taxi driver's licence to help fund his on-going battle.
Another of the rebels, Tony Blows, licensee of the Dog Inn at Ewyas Harold, Herefordshire had his case heard on Friday October 26, where he entered a plea of not guilty to two charges of not enforcing the ban in his pub and one charge of smoking on the premises himself.
The case, at Hereford magistrates court, was adjourned until January 21, 2008.
Blows blames the stress he has faced in fighting his case for selling up. "I've had enough," he said.
Meanwhile, Nick Hogan, lessee at the Swan and Barristers bar in Bolton, said he was "selling up and moving to Spain". His other pub, the Swan with Two Necks, has also been put on the market.
Hogan said he was moving to Spain with Howitt to open a bar that would "appeal to Brits".
He was facing a showdown with the owner of the Swan and Barristers, former Provence chief Paul Kiely, over claims that he had breached the terms of his lease by allowing people to smoke on the premises.
However, Hogan claims the matter has now been settled.
Hogan is still due to appear at Bolton magistrates on November 12 for alleged breaches of the smoking ban.