The owner of Dublin pub Doheny and Nesbitts repeatedly failed to comply with warnings to get rid of a canopy to shelter smokers from the rain, Judge John O'Neill said yesterday.
He was rejecting a plea to cut a €1,050 legal costs order against Swigmore Inns Ltd, owners of the Baggot Street pub, after co-proprietor Tom Mangan argued he had already spent €7,000 trying to comply with the smoking ban.
Judge O'Neill said "time after time" Mr Mangan had not complied with warnings from an environmental health officer to remove structures the pub had put up to provide shelter from the elements for smokers.
Dublin District Court heard the pub had erected two structures in an outside yard, neither of which complied with the legislation. They had since been removed and a smaller structure was now in place and was in compliance.
Mr Mangan said he accepted that the first structure, with an enclosed glass roof, was not in order and it was removed "straight away". When a canopy-style structure was put in as a replacement, he did not realise it was also in breach of the ban.
He said some kind of a structure was needed to discourage people from standing inside to smoke when it was raining.
"People were taking out umbrellas and tipping each other in the eye with them. Others were standing in the hallway and you cannot be out there the whole time keeping an eye on them because you have to serve customers," Mr Mangan said.
A lawyer for Mr Mangan asked Judge O'Neill to reduce the legal costs being sought by the Health Service Executive because of the €7,000 already spent and because the legislation was confusing.
Judge O'Neill said he accepted money had been spent but the matter should have been "put in order from day one".