A TOWN centre pub boss has become the first licensee in Bolton to be taken to court for defying the smoking ban.

Nick Hogan, who owns The Swan Hotel and Barristers bar in Bradshawgate, has been summonsed to appear before magistrates in September.

He faces nine charges - five of failing to prevent people from smoking in his pubs and four of obstructing council officers.

If he is found guilty he could face a fine of £16,500 - £2,500 for each of the smoking offences and £1,000 for the obstruction charges.

Mr Hogan is believed to be only the second person in the country to be brought before the courts for flouting the new laws, which were introduced on July 1.

He received his summons yesterday and said last night: "I'm over the moon that I've finally received my summons and we can now get on with the court process.

"I will be defending all of the charges vigorously."

Mr Hogan has publicly defied the smoking ban since it was introduced and made it clear he would not prevent smokers from lighting up in his bars.

Council officers visited both the Swan and Barristers on a number of occasions in response, but on two occasions were asked to leave.

Mr Hogan was invited to a meeting with environmental health bosses to answer the complaints brought against him.

He did not attend and Bolton Council wrote to him with a list of 45 questions which would have been put to him had he attended. But he refused to answer them.

Mr Hogan, a smoker, claims he is simply offering fellow smokers the right to chose whether or not they smoke in his pub.

The new ban has been widely embraced by licensees, many of whom have built special shelters outside their pubs and clubs.

But some landlords who had been abiding by the new laws voiced their frustration over Bolton Council's apparent lack of action at Mr Hogan's disregard for the rules.

One man, Gerad Hart, has already been given a fixed penalty notice for smoking inside Barristers.

Bolton Council declined to comment on the summons. A spokesman said: "This is now a legal matter."

Mr Hogan will appear at Bolton Magistrates' Court on September 14.