The Galway publican who this week controversially defied the smoking ban by permitting customers to smoke in one of his pubs has succeeded in his application for a series of special exemptions for another premises.
Mr Ronan Lawless, proprietor of five licensed premises around Galway city, including Fibber Magees in Eyre Square, was ordered to appear before Spiddal District Court in Galway yesterday by Judge Mary Fahy in relation to an application for special exemptions for another pub, Fox's of Forster Street.
Judge Fahy had granted the 10 special exemptions for late licences for Fox's between 12.30 a.m. and 2 a.m. from July 10th to August 29th at the morning sitting of Galway District Court on Wednesday last. However, when she learned that Mr Lawless was refusing to comply with the smoking ban in Fibber Magees, she revoked the exemptions and ordered him to appear before her.
She granted the exemptions yesterday when Mr Lawless gave an undertaking that he would comply with all of the provisions of the Act.
Meanwhile, Mr Lawless has closed the doors of Fibber Magees pub in Eyre Square indefinitely while he prepares to mount a constitutional challenge to the ban.
Speaking outside Spiddal courthouse yesterday, Mr Lawless, who says business fell significantly when the ban was introduced, confirmed that he had appointed a legal team to work on a constitutional challenge. He said he was " a law abiding citizen and I always have been, but I feel this law is fundamentally wrong and draconian".
The Southern Health Board yesterday said it had received written undertakings from a publican in Cork city and another in Cobh that they would obey the smoking directive after being warned by Environmental Health Officers that they faced legal action. Mr Gareth Kendellen, who owns Paddy The Farmers on Old Blackrock Road and had defied the smoking ban on Thursday, said yesterday that he had no choice but to reintroduce the ban after being advised by his solicitors that he should obey the smoking directive.
Meanwhile, a report commissioned by Dublin publicans claims that 2,000 jobs have been lost in the trade since the introduction of the smoking ban. The report said drink sales in the city were down by 16 per cent and employment in the sector down 14 per cent. Marketing research company, Behaviour and Attitudes, surveyed 277 pub owners and managers in recent weeks by telephone.
Ciarán Tierney adds: Businesses located on the east side of Galway's Eyre Square have reported a substantial loss of trade because of construction work. Businesses have reported a drop of between 30 per cent and 40 per cent in turnover while digging to allow pipes to be laid goes on.
Mr Colm McDonagh of One Stop Travel was one of a number of people to report that passing trade had diminished since the work began three months ago. "We haven't seen a car drive past us since last March," he said.
The city manager, Mr John Tierney, said paving would be completed next week.