The Irish Hospitality Industry Alliance (IHIA) is hoping for the inclusion of a hardship waiver after the introduction of the smoking ban in January.
Speaking to ireland.comtoday, Mr Finbar Murphy of the IHIA, called for the introduction of a waiver that would allow an exemption to business owners who could demonstrate undue financial hardship.
A similar provision was included in legislation introduced two months ago in New York and it has attracted over 5,000 applications from members of the Empire State Restaurant and Tavern Association, an industry body campaigning against the smoking legislation in the state.
Mr Murphy said if the Minister for Health, Mr Martin, was "so comfortable with the legislation he should have no problem with a waiver".
The IHIA, which includes members from the pub, hotel and restaurant sector, claims that a "one-size-fits-all" policy on smoking would discriminate between types of establishments and between sectors. It believes the policy could cost the country 65,000 jobs.
The group has stated its intention to mount a legal challenge to new legislation governing the ban on smoking that was signed into law by the Government yesterday.
The new law, as it stands, has no exemptions for prisons or psychiatric institutions, but Mr Martin has said that, given their unique circumstances, discussions are ongoing with these sectors with a view to devising separate measures for them.
Mr Murphy said that to exempt prisons and some accommodation such as psychiatric wards made "a mockery" of Mr Martin's claims that the legislation was to protect all workers.