Publicans defy ban to stop falling trade

GALWAY publicans who claim their business is falling off because of the smoking ban may have to fork out a €3,000 fine for flaunting the law and possibly face losing their licence in an open challenge to health authorities.

The well-known Fibber Magees pub in Eyre Square Galway has sparked the first challenge to the controversial legislation by allowing patrons to smoke in three of its four sections.

Smoking was only prohibited in the area in which food is served as the pub became the first in the country to openly challenge the new anti-smoking laws, which came in at the end of March.

The owners of the pub said they were forced to take the action by falling trade.

Last month, publicans and hoteliers in Donegal and the Border counties claimed to be losing business to Northern Ireland because of the ban on smoking in the workplace. Now publicans along the west coast - particularly in Kerry and Galway - are campaigning against the law that requires under-aged persons to vacate licensed premises after 9pm.

“We were losing thousands of euro each week because of the fall in business. We had to do it. I know that it is in direct contravention of the law, but we’ll see what happens.

“We know that we might be fined and that we might lose our licence, but we’ll see if it comes to that,” Ciaran Levanzin, co-owner of Fibber Magees, said.

Tourists Nan and Andy Hershak from Canada who were smoking on the pavement outside a nearby pub, said the decision to allow smoking would encourage them to go to Fibber Magees.

“It is a strange law, especially for the Irish so I am glad to see that there is a fighting Irish spirit still left in the bar owners,” said Andy, who is touring the west.

“Hopefully other bars will follow suit. Let there be some smoking bars and then non-smokers can avoid them,” he said.

New figures show beer consumption has fallen by 2.7%, with spirits down by over a fifth, and alcopops down by 15.5%. This is the first serious drop in total consumption to hit the industry for several years.

Wine consumption, however, had risen by just under 9%. Industry experts have suggested the increase is due to more off-licence purchasing, as more people drink at home due to the smoking ban.