A Galway pub has been prosecuted by the Western Health Board for 13 breaches of the legislation banning smoking in public places.
Mr Ronan Lawless and Mr Kieran Levanzin, of Fibber Magee's pub at Eyre Square, Galway, are charged with allowing smoking in the pub on July 6th contrary to the Public Health (Tobacco) (Amendment) Act, 2004. Mr Levanzin is charged with being in charge of the premises when smoking took place on July 6th at 3.35 p.m. and again at 8.30 p.m.
He is also charged with being in charge of the premises when smoking took place on July 7th.
Mr Lawless was charged with being the occupier of the premises when smoking took place at 3.35 p.m. and at 8.30 p.m. on July 6th. Their company, Cliplaw Ltd, with registered offices at Eyre Square, faces similar summonses for being the occupier of the premises where smoking took place.
Mr Francis Comerford told Judge Mary Fahy at Galway District Court yesterday that the Western Health Board was ready to proceed with the case.
Mr John Kiely, for the defendants, told the court that the defence had not received all the information it required from the health board, and was not ready to proceed.
Mr Comerford said summonses had been served on the defendants in early August, but the information referred to by the defence had not been sought until September 14th. The case would take only 1½ hours and he was not opposing the application for an adjournment.
He told Judge Fahy that interviews were given to the national media admitting the offences, and video evidence, which needed to be edited down, would be provided in court.
Judge Fahy said it was matter of fairness that everyone needed to know exactly what they were facing. Although Mr Kiely knew the wider issues of what his clients were facing, he was entitled to know the particular issues.
Mr Comerford undertook to make all information available to the defence and Judge Fahy adjourned the case until October 4th. Mr Comerford said he had difficulty serving summonses on two women for smoking on the premises and he asked that these be struck out.