In what is believed to be the first case involving after-hours smoking in a pub, a publican in Ballyhaunis, Co Mayo, has been fined.
Patrick Walsh, Ósta Connachta, Knox Street, was fined a total of €3,500 and ordered to pay €1,250 costs to the Health Service Executive (HSE).
Walsh had pleaded not guilty to breaches of the Public Health Tobacco Act, 2002, at 1.20am on February 20th last when he appeared before Judge Geoffrey Browne at a District Court sitting in Dunmore, Co Galway, yesterday.
Two environmental health officers, Cathal Kearney and Siobhán Honan, gave evidence of inspecting the premises. There was a yellow ashtray on the corner of the bar with Benson and Hedges butts in it, the witnesses said.
Walsh admitted there had been people smoking on the premises and said he sometimes smoked himself when he was alone in the pub during the day doing accounts.
The HSE personnel said there were between 100 and 150 butts on the ground inside the rear door.
Walsh said these must have been carried into the building from outside on people's shoes.
Mr Kearney told the court of meeting a male customer who was smoking openly in the premises and there was fresh cigarette ash in a sink in the men's toilet.
Mr Kearney said that when he introduced himself at the door to Walsh, he asked the environmental health officer to stand aside and allow patrons to leave the premises because "my customers always come first".
After hearing evidence that Walsh had been given a previous warning by HSE officers, Judge Browne imposed fines of €2,000 and €1,500, with €1,250 costs.
"He [ the defendant] got his warning," the judge said. "Unfortunately he did not take it up."
At the conclusion of the case, Patrick Durcan, solicitor, representing the HSE, told the judge there seemed to be a feeling among certain publicans that once licensing hours had ended it was in order to breach the smoking regulations.
Mr Durcan said he also wanted it to go out clearly that licensed premises were a place of work and that it was illegal to smoke in them at any time.