The Vintners' Federation of Ireland has claimed the guidelines for publicans on how to implement the forthcoming smoking ban are "unhelpful, confusing and contrary to the law".
Following a special meeting of its members in Portlaoise today to discuss the implementation of the ban, the VFI said its concerns had grown following the publication of the final guidelines on how the ban should be enforced. The guidelines were recently issued by the Office of Tobacco Control.
The VFI, which represents publicans outside Dublin, said in a statement: "We have no further insight on how the ban is to be effectively and safely enforced.
"The guidelines are unhelpful, confusing and contrary to the law. A publican cannot and must not be held responsible for the actions of a customer over whom he has no control. To do so makes a mockery of both civil and criminal law."
The federation said the smoker "must be made responsible for his/her actions, not the publican, or anybody else".
"We are deeply disappointed that Minister Martin and the Government insists on railroading this ban through in its current form. Our members face a very difficult time ahead."
The VFI added that it had "problems" regarding the ban's implementation and the impact it will have on publicans' businesses. However, it was "a responsible body" and would not advise members to break the law.
"We have advised our members accordingly," said Mr Joe Browne, President of the VFI. The National Executive Council decided that the federation would legally defend members unfairly treated or prosecuted."
He said VFI members also undertook to "re-examine" the "justice of this legislation" when the full impact of "loss of business" became apparent.
Mr Browne recently said his organisation would fight the ban "to the bitter end".
The Licensed Vintners' Federation, which claims to represent 95 per cent of Dublin publicans, said two weeks ago it would not take a legal challenge against the smoking ban and that it will encourage its members to uphold the law. The new law, which will ban smoking in all workplaces, including company cars and vans, comes into force on March 29th.