A Co Mayo publican told a District Court judge yesterday that he found the smoking ban difficult to police and that it was "nearly impossible to do so" when patrons got drunk.
Mr John Conroy, owner of the Rendezvous Pub, Main Street, Balla, pleaded guilty to a breach of the Public Health Tobacco Acts (2002-04) by permitting people to smoke tobacco products on his premises on July 11th.
He was fined €1,000 and ordered to pay €2,000 costs. It was the first prosecution of its kind by the Western Health Board in Mayo and the first prosecution of its kind in the country regarding requirements for outdoor areas.
Mr Cathal Kearney, principal environmental health officer with the Western Health Board, gave evidence that along with Ms Siobhain Honan, environmental health officer, he inspected the defendant's premises on July 11th shortly after 10 p.m. The bar and lounge area was extremely busy at the time.
Ms Honan led him through the premises and they exited through a rear fire door. There was a yard area partly covered by a perspex roof where there were tables and seating. There were 15-20 patrons in that area.There were about five people smoking and up to 100 cigarette butts on the ground.
Mr Kearney told the defendant that some people were smoking under the roofed area and this was not permitted.
He asked Mr Conroy to move patrons who were smoking into the open area but he did not do so. Mr Kearney said that when he asked Mr Conroy to help him take names he replied: "Why should I?"
Witness said the crowd was fairly large and rowdy at the time and while he was there one patron kicked a pint glass against the side of the premises.
Mr Kearney said he returned the following day and took measurements which revealed that only 25 per cent of the walls surrounding the smoking area was missing and not the 50 per cent required.
During one visit, Mr Kearney said, Mr Conroy had not been "particularly helpful" and suggested it would be cheaper to pay the €3,000 fine rather than to stop using the smoking area.
Mr Kearney said the roof had now been removed apart from a small area outside the fire door.
In evidence, Mr Conroy said he bought the Rendezvous last year and ran the premises with his sister. He had removed a portion of the perspex roof and would remove the remaining 3 ft of roof in order to abide by the law. He had not helped the environmental health officers because he felt loyal to customers who had been loyal to him.
Before imposing a €1,000 fine as stated, Judge Devins said she was concerned by the evidence concerning Mr Conroy's attitude. It appeared he had reacted aggressively to the environmental health officers, she said.