Publican fined €3,000 for allowing smoking

The Health Service Executive has welcomed the decision by a judge to impose the maximum fine of €3,000 on a Cork publican who…

The Health Service Executive has welcomed the decision by a judge to impose the maximum fine of €3,000 on a Cork publican who had been found in breach of the smoking ban by allowing people to smoke on his premises.

Gary Hyde, owner of the Castle Tavern in Riverstown, was prosecuted by the HSE in Cork District Court for a breach of section 47 of the Public Health (Tobacco) Act in August 2006. In addition to the €3,000 fine, he was ordered to pay €1,000 costs.

Judge David Riordan was told that when environmental health officers visited the pub, they found a number of people smoking cigarettes in an enclosed area of the premises.

After the case, principal environmental health officer Tony Christie said that the inspection had been carried out on foot of complaints about patrons smoking in this enclosed area and the authorities would continue to pursue any breaches of the legislation.

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"Environmental health officers are also continuing their unannounced inspections as part of their routine surveillance work to ensure compliance," Mr Christie added. "Further prosecutions may be taken against the persons found to be smoking in prohibited areas, in addition to the licensee or person in charge.

"However, the onus is on the proprietors of these premises to ensure compliance with the law in their establishments. These prosecutions reiterate the importance of compliance with the legislation and, in particular, relating to smoking areas."