Guidelines for dealing with smoking ban offenders soon

Official guidelines advising publicans how to deal with smokers who flout the smoking ban are to be published shortly.

Official guidelines advising publicans how to deal with smokers who flout the smoking ban are to be published shortly.

The measures, drawn up by a number of State agencies, are expected to include a six-step guide which advises publicans to begin by issuing a warning to the customer and ends with seeking Garda assistance where violence is threatened.

The guidelines are also understood to instruct all pubs, restaurants and nightclubs to put up permanent no-smoking signs at the entrance to their premises, at service counters and at entrances to toilets and staff rooms. Licensed premises will also be advised to remove ashtrays to discourage any potential smokers.

While the guidelines are expected within weeks, the Vintners' Federation of Ireland (VFI) yesterday said the lack of detailed information meant there was widespread confusion over the ban.

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VFI national executive member Mr Con Dennehy said: "No one knows for sure who is going to implement it, for example. We are publicans, not policemen. It's unreasonable for them to expect us to do it."

He also said members were angry at fines of up to €3,000 for publicans who allow smoking on their premises. The Office of Tobacco Control (OTC), which is to help co-ordinate and enforce the ban, yesterday confirmed that the guidelines for the hospitality industry regarding the March 29th ban will be published within weeks.

A spokesman for the OTC said draft guidelines had already been circulated to publicans and hoteliers and it was unlikely there would be any major changes in the final guidelines. They will state that overall responsibility for implementing the ban rests with the occupier, manager, or person in charge of the workplace.

In a draft version of the six-step guide for dealing with offenders, publicans or restaurateurs are advised to begin with a warning and, if unsuccessful, refuse the customer service. They are then advised to ask the individual to leave the premises if he or she continues to smoke.

If a customer refuses, the guidelines state that "normal procedure for anti-social/illegal behaviour" on the premises should be implemented. In cases where physical violence is threatened or encountered, gardaí should be contacted.

The OTC will also launch a television and radio advertising campaign next week, to alert the public to the ban, A special telephone "hotline" will also be established to allow non-smokers to alert authorities about any premises which flout the law.

Carl O'Brien

Carl O'Brien

Carl O'Brien is Education Editor of The Irish Times. He was previously chief reporter and social affairs correspondent