Publican gets second chance after flouting smoking ban

A PUBLICAN who said he flouted the smoking ban to save his business was given almost a year to get his house in order yesterday.

Judge James O'Connor convicted John O'Shaughnessy, licensee of The Coachman's Inn, Coachford, Co Cork, of breaching Section 47 of the Public Health (Tobacco) Acts 2002 & 2004.

But he adjourned a decision on a fine until September 2005 to see if Mr O'Shaughnessy complies with the legislation.

It would be totally against the spirit of the law if any fines imposed now put Mr O'Shaughnessy out of business, Judge O'Connor said.

Mr O'Shaughnessy was the first publican in Cork or Kerry to be prosecuted by the Southern Health Board (SHB) for breaching the smoking ban, and the ninth publican nationwide.

He pleaded guilty to two breaches, under Section 47, which relates to preventing smoking on a premises, and Section 46, which relates to 'no smoking' signage, at his license renewal hearing yesterday. The health board objected to the renewal.

Mr O'Shaughnessy told the court he took over the pub in March and that he is in severe financial trouble.

He said after the ban was introduced, he allowed people to smoke herbal cigarettes but that it had gotten out of control.

Following several complaints from the public, two SHB environmental health officers visited the pub between 8.40pm and 9.30pm on April 6, just days after the ban was enacted.

They observed two customers smoking cigarettes, there were cigarette butts on the ground and there was a distinct smell of tobacco smoke in the air, solicitor Diarmuid Cunningham said. Bar staff did nothing to stop the smoking, he said.

SHB officers visited the pub again on April 18, May 2, July 13 and July 16 and noted that the ban was still being flouted.

Mr O'Shaughnessy had also failed to display adequate signage, Mr Cunningham said. It was only when the health board threatened to object to the renewal of his license last September that Mr O'Shaughnessy gave a commitment to mend his ways.

Mr O'Shaughnessy's solicitor, PJ O'Leary, told the court his client was very remorseful.

This was not a protest, nor a bid to seek publicity - Mr O'Shaughnessy was under financial pressure to make money, Mr O' Leary said. "I've lost a load of customers since the ban came in," Mr O'Shaughnessy said.

He told Judge O'Connor he will make every effort from now on to implement the smoking ban.

The health board said they were also happy with the efforts being made now and its objection to the renewal of the licence was struck out.

"And what happens when some old fella arrives in and lights up a Woodbine? What will you do?" Judge O'Connor asked the publican.

"I'll have to bar him," Mr O'Shaughnessy said.

He also told the judge he is trying to secure finance to build a smoking room at a cost of up to €50,000.

The SHB welcomed the outcome of this case afterwards and reinforced the view that the best approach to build compliance is for people to work with the SHB.

But the board warned of "serious consequences" that will follow in the event of proprietors flouting the law.

Compliance with the smoking legislation by publicans in Cork and Kerry is at 97%, a SHB spokesperson said.

The board has received 372 complaints since the legislation was enacted and carried out over 3,000 inspections.

Mr O'Shaughnessy was also fined €200 yesterday for having 21 people on his premises on April 9 last, Good Friday.