A publican in Co Galway has become the first business person to be prosecuted for breaking the smoking ban.
Mr Padraig Folan, owner of the Ti Hanrai at Drim, Lettermore, Connemara, was ordered to pay €1,200 in fines and €500 costs in Derrynea District Court this afternoon.
The court heard that an environmental officer inspecting the premises found customers smoking, ash trays on the counter and discarded cigarette ends in the bar on May 14th this year.
The court heard he had been previously been warned by an environmental health officer in April when cigarette butts were found on the floor.
Three customers were found smoking when he returned to carry out a second check in May, which resulted in today's prosecution.
The owners of pubs, restaurants and other enclosed workplaces face fines of of up to €3,000 if customers are caught smoking.
The Office of Tobacco Control confirmed this evening that legal action is pending against a small number of other publicans.
A statement by the Office of Tobacco Control said: "Enforcement will be vigorously pursued against persistent offenders to ensure that the law is complied with."
Prof Luke Clancy, chairman of Ash, said he regretted a prosecution was necessary but it signalled a warning to a small percentage of non-compliant publicans.
"I would rather see them voluntarily complying with the law for the sake of their workers. It shows disrespect for them and their clients."
Professor Clancy, a respiratory consultant at St James Hospital, Dublin, added: "I hope this acts as a deterrent, but it is important that people recognise that the law has some force and they will be penalised for non-compliance."
A spokesman for the Vintners Federation of Ireland said he had no comment to make on the outcome of the case. Mr Folan is not a member.
The Minister for Health, Mr Martin, said he regretted action was necessary but paid tribute to the "tenacity and commitment" by the Western Health Board.