Pub to be prosecuted over smoking ban

A Co Leitrim pub is facing prosecution for a breach of the smoking ban. The case, expected to be the first of its kind in the country, is to come before the courts in September.

Environmental health officers in the north-west refused to make any comment on the case yesterday. A spokeswoman did point out that there had been 98 per cent compliance since the ban was introduced on March 29th.

While 14 breaches have been detected, these have been "minor". Written warnings have been issued in a number of cases where butts were discovered in toilets or lobby areas.

A local member of the Vintners' Federation of Ireland's national executive said he felt there was a a "cat and mouse" situation being played out between publicans and the authorities. Donegal publican Mr Colm Kelly said he would be surprised to see a case coming to court so quickly.

He said until offenders were taken to court, people would be wondering what type of penalties were likely to be imposed.

Mr Kelly said he believed publicans would be willing to support a constitutional challenge to the ban. "What happened in Fibber Magees is an indication of the frustration out there on the part of customers as well as publicans. Look at the crowds who travelled to support that pub."

Mr Kelly, who is based in Frosses near Donegal town, said many publicans in the region were reporting a 20 per cent drop in business, mainly because of a drop in trade from Northern Ireland. "A lot of these people who have mobile homes and holiday homes in Co Donegal are not coming on day trips now because of the ban."

He said all publicans were concerned about their customers. "Anyone who owns a dog takes the animal inside when its raining, but we have to put our customers out."

A non-smoker himself, Mr Kelly agreed he now worked in a healthier environment, "but if the environment is better the atmosphere is a lot worse because the customers are not happy".

He did not accept there had been a surge in business because of non-smokers' enjoyment of a cleaner environment. "I have yet to meet one of the decent people Bertie Ahern said would be returning to the pubs when the ban was introduced."

Mr Kelly said most publicans were worried about what would happen in winter. "It's already worrying for the premises in larger towns where people are gathering on the streets. Given that more women are smoking, you have to worry about them being vulnerable when they go out for a cigarette."

Up to June 30th, environmental health officers in the north-west had visited 162 pubs, 41 restaurants and 23 hotels in Sligo and Leitrim to answer queries about the ban.

Since then over 420 spot checks have been carried out.