Vintners' groups are expected to abandon plans to mount a legal challenge against the smoking ban after receiving legal advice indicating there is little chance of a successful action.
The Vintners' Federation of Ireland has been told by three senior legal sources it stands a 40 per cent chance at best of securing an injunction, while there was no guarantee of any success at a full hearing.
Minutes of a meeting of the VFI's national executive council last month, seen by The Irish Times, show senior officials were told a legal challenge was not advisable.
There was also a discussion on what members should be told and whether it should be made public that the VFI was not planning to proceed with a legal challenge.
The disclosure is a significant boost to Mr Martin's plans to introduce the smoking ban on March 29th. A successful High Court injunction could have delayed the start-up date by anything up to a year.
It is understood that other groups in the hospitality industry, including the Irish Hospitality Industry Alliance, have received similar legal advice and are unlikely to mount any High Court challenge.
The minutes of the VFI meeting state: "He [Mr Tadg O'Sullivan, VFI chief executive] said the war cabinet could not recommend at this time that we proceed with this challenge. A discussion took place as to what members should be told; if it should be made public that we are not taking a legal challenge; how the ban is to be implemented; what alternative is to be offered to members given that they were told in Portlaoise that there would be another meeting in February."
A VFI national executive member, Mr Con Dennehy, last night declined to comment on the outcome of the meeting but confirmed that a legal challenge was not likely.
Mr Dennehy said, however, there was deep anger over plans to make publicans liable for fines of up to €3,000 for customers who smoke on their premises.
He called on the Minister to meet with vintners to discuss another way of wording regulations to receive greater support from publicans.
"I don't believe anyone will be challenging the legislation ... We've had enough now, we all want to move on. But we don't want to be held responsible for other people's misdemeanours, that is unjust."
