Senior judges threw out a bid by north Down man Chris Carter to quash his conviction for smoking at the front of Bangor Town Hall.
Mr Carter claimed his rights to privacy and freedom from torture and discrimination were breached by the prohibition.
He alleged that the ban was comparable to restrictions imposed by the Third Reich in Hitler's Germany.
But his case was dismissed because he was not held to have the status of a victim and as no breach of his human rights was established.
