HSE: Patrons were smoking in bar
Pat Sheahan (brother of Kerry Fine Gael senator Tom Sheahan) of McSorleys, College St, Killarney, Co Kerry, pleaded guilty yesterday to infringement of the smoking regulations on September 8.
However, he was contesting a HSE objection to the bar licence, his solicitor Paul O’Dononghue told Judge Leo Malone.
Diarmuid Cuningham, solicitor for the HSE, outlined how McSorleys had two licences and the issue was with the bar, not the dance area. On September 8, two senior environmental health officers from the HSE visited the premises at 11pm and saw patrons smoking. Bar staff were making no effort to prevent the patrons from smoking.
The bar had “a substantial history” of visits by HSE officers observing smoking, said Mr Cunningham.
Judge Leo Malone said the matter was at a stage where Mr Sheahan’s licence was at stake.
“It’s apparent there was a system of permitting smoking in the bar and his licence is at stake,” the judge said.
He fined Mr Sheahan €2,000 for breach of the regulation on September 8 and disqualified him from selling cigarettes for three months. Witness expenses of €500 were awarded to the HSE and €1,750 costs plus VAT.
Judge Malone adjourned the HSE objection to the licence to February 10 next in Killorglin District Court.



