A Derbyshire village pub has been told its �4,000 smoking shelter breaks new rules and cannot be used.
The shelter was put up at the Tiger Inn in Turnditch 18 months ago, in readiness for the national smoking ban but before regulations were drawn up.
Now Amber Valley Borough Council has said it breaches the smoking ban as it is more than 50% enclosed.
Manager Jackie Ackroyd said the shelter was popular and successfully moved smoking from inside the pub.
'Good intentions'
The structure has metal and glass sides and a canvas roof.
Ms Ackroyd said they had tried removing some panels but that made it uncomfortable in bad weather.
She added: "We thought, with all good intentions, it would get our customers prepared for the smoking ban well in advance, which it has done.
"People have been using the area for smoking, which was the whole idea, to get all the smoking out of the pubs."