The Licensed Vintners Association representing Dublin publicans has ruled out a legal challenge to the forthcoming ban on smoking in the workplace and has said it will encourage its members to uphold the law.
In a statement this afternoon, the LVA also asked drinkers to respect the ban when it comes into force on March 29th but advised publicans not to get involved in "aggressive" situations if customers choose to flout it. The LVA claims to represent 95 per cent of Dublin publicans.
Mr Donall O'Keeffe, chief executive of the LVA
said: "The LVA is disappointed that no compromise was arrived at on the smoking ban as we fundamentally believe that the alternative presented to the Government by the LVA last August was a workable proposal, particularly in relation to enforcement.
"That being said, the LVA is a responsible body, has always upheld the law and accepts that the smoking ban will come into force on 29 March. In doing so, we will positively encourage all Dublin publicans to uphold the law."
However, Mr O'Keeffe said personal responsibility would be "a significant factor" in implementing the ban.
"All employers have a clear responsibility under the law. It is our view that the smoker should also have a clear responsibility under that law. If enforcement of the ban is a realistic objective of the Government, a dual prosecution system will be of paramount importance."
"By leaving responsibility in the hands of the publican alone, the smoking ban will be difficult to enforce. Our advice to members and their staff is that under no circumstances should they get involved in aggressive, threatening or violent situations with some smoking customers who choose to flout the law."
Mr O'Keeffe said: "The smoking ban in pubs will be a reality at the end of this month. With this in mind we are asking for the support of our customers with regard to upholding the law."
It is yet possible that other hospitality industry representatives will choose to challenge the ban. The Vintners Federation of Ireland, representing publicans outside the capital, and the Hospitality Industry Alliance, remain firmly opposed to the ban.
A spokeswoman for the VFI told ireland.comthe body was awaiting the publication of the final guidelines that will be used to implement the ban before it decides whether it will take a challenge. The guidelines are still in draft format and are undergoing a consultation process. "It's still up in the air at the moment," the spokeswoman said.
A GAA club in the State of New York recently won a derogation from the strict smoking ban introduced there last year on the grounds that its bingo takings had suffered considerably.