Vintners offer support to publicans prosecuted under smoking ban

THE country’s largest publicans’ organisation is to provide funds to fight cases taken against colleagues they consider are unfairly prosecuted under the legislation imposing the workplace smoking ban.

The Vintners Federation of Ireland (VFI) will also reconsider a legal challenge to the legislation in the autumn after allowing time to gauge the impact of the ban on its members’ business.

Around 250 publicans met in Portlaoise yesterday to discuss the ban and the Office of Tobacco Control’s implementation guidelines, the final version of which was circulated to the industry this week.

In a statement issued afterwards, they complained the guidelines were still unhelpful and confusing, and claimed they were contrary to justice by making the publican guilty for the actions of customers.

“A publican can not and must not be held responsible for the actions of a customer over whom he has no control. To do so makes a mockery of civil and criminal law,” the statement said.

VFI president, Joe Browne said he was deeply disappointed with Health Minister Micheál Martin and accused the Government of railroading the ban through without consultation.

“Our members face a very difficult time ahead. We have problems regarding the ban’s implementation and the impact it will have on our businesses,” he said.

But he added: “We are a responsible body and we will not advise members to break the law. We have advised our members accordingly.”

The meeting was a subdued follow-up to last October’s rally when around 1,200 publicans gathered in the Co Laois town to vent their anger at the ban.

On that occasion they left threatening legal challenges, a policy of non-implementation and the running of anti-ban candidates in the upcoming local elections.

Details of yesterday’s less radical decision to legally defend members prosecuted under the new laws have yet to be worked out.

The move specifies cases where members are unfairly treated or prosecuted but it has not been decided what criteria to use in assessing potential cases or levels of legal support to fund.

Members are also being encouraged to keep up-to- the minute accounts of their cash-flow and levels of trade in the days prior to the ban and the months following, so that the impact on business can be easily assessed in about six months.

They hope to use examples to push for a waiver scheme to be introduced similar to that which is in place in parts of New York where bars who can demonstrate a genuine and significant loss of business can apply to the licensing court for a licence allowing customers to smoke.

The VFI is to consider mounting a legal case to have such a scheme included in the legislation once they have the data to hand to back up their claims.