A pub landlord in York has spoken of his frustration after being warned his smoking shelter - which is fixed to the ground by seven screws - contravenes planning laws.
Robin Watson put up a gazebo in his pub's beer garden in York following the introduction of the smoking ban.
Following a visit by city planning officers the landlord was told he was in breach of planning laws.
"The council decided that becaus
e we had seven screws to prevent it from blowing away, it was in breach of planning permission," Mr Watson said.
As the gazebo was fixed to the concrete, and had been erected for a year, it was deemed to be a permanent structure.
He said he was sent a letter from the council which gave him three choices: apply for planning permission, take the structure down, or be liable for a £20,000 fine.
Mr Watson, who runs the Shoulder of Mutton pub, said: "They know how many pubs are closing down at the moment. I can't understand why they are pressing on something so petty as this.
"If you did this in your own back garden there would be no pressure whatsoever. We pay all our council rates; the council seem to see it as a way to make more money out of businesses".
A spokeswoman for York City Council said: "The structure requires planning permission because it is fixed to the ground. The council's planning enforcement team has written to the owners of the property asking them to take the structure down or apply for planning permission."
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