Smoking ban breach costs publican €1,700

THE first publican to be prosecuted for breaching the smoking ban must pay fines and costs of €1,700, a court ruled yesterday.

An environmental officer discovered customers smoking, ash trays on the counter and discarded cigarette ends on the floor of Padraig Folan’s bar in Co Galway.

Authorities also confirmed legal action was pending against a number of other owners.

If customers are caught smoking in pubs, restaurants and other enclosed workplaces, proprietors face fines of up to €3,000.

A statement by the Office of Tobacco Control said: “Enforcement will be vigorously pursued against persistent offenders to ensure that the law is complied with.”

Mr Folan, owner of the Ti Hanrai at Drim, Lettermore, Connemara, Co Galway was fined €1,200 and ordered to pay €500 costs for breaching the law on May 14 last year.

Derrynea District Court heard he was warned by an environmental health officer the previous month who discovered butts on the floor.

Three customers were found smoking when he returned to carry out a second check.

Anti-smoking organisations last night welcomed the outcome of the ground-breaking legal proceedings as the Office of Tobacco Control warned of pending court action against a small number of other publicans.

Professor Luke Clancy, chairman of Ash and respiratory consultant at Dublin’s St James Hospital said he regretted a prosecution was necessary but it signalled a warning to a small percentage of non-compliant publicans.

“I would rather see them voluntarily complying with the law for the sake of their workers. It shows disrespect for them and their clients.

“I hope this acts as a deterrent, but it is important that people recognise that the law has some force and they will be penalised for non-compliance,” Professor Clancy said.

A spokesman for the Vintners Federation of Ireland said he had no comment to make on the outcome of the case. Mr Folan is not a member.

Health minister Micheál Martin said he too regretted action was necessary but paid tribute to the “tenacity and commitment” of the Western Health Board.