Smoke ban rebel club HeyJo has been served with a court summons by Westminster council.
Flamboyant owner Dave West (pictured), reportedly worth £100m, and designated premises supervisor (DPS) Mark Fraher have both been charged with failing to display no smoking signs and failing to advise customers to stop smoking.
HeyJo hit the headlines post 1 July when it announced it had recruited the services of Cherie Blair to fight the smoking ban in the European Court of Human Rights.
It seems strange that instead of a quick coffee and then get out of this dangerous place, they decided to make a night of itHarry BarnettHeyJo.
Undercover environmental health officers visited the club and restaurant before the summons was served.
"We have made no secret of the fact that we are allowing smoking so why do they need to send in undercover officers at the taxpayers expense?" said club executive Harry Barnett.
"This law is supposed to supposed to be about the dangers of staff in smoking environments yet Westminster council is sending their troops into danger zones without masks."
Barnett also believes it is unfair of Westminster to serve DPS Fraher with a summons as he does not decide on club policy.
But Barnett's real bone of contention is that the undercover officers stayed for a meal in the club's restaurant.
He claims: "They sent undercover inspectors into our restaurant and they had a three course meal complete with bottles of wine and drinks - all on taxpayers money as well as overtime payments no doubt.
"It seems strange that instead of a quick coffee and then get out of this dangerous place, they decided to make a night of it. I wonder if there are any job vacancies? I doubt it."
A spokesman for Westminster council said: "We did send undercover environmental health officers in and they did have a meal. If they did not have food in a restaurant they would have looked very suspicious."
The spokesman could not confirm how many courses the meal consisted of or the cost.
West and Fraher are due before magistrates on 11 December.