Court told smoking ban breach due to finances

A Cork publican who failed to implement the smoking ban told a court he had not enforced the ban because he feared it would have…

A Cork publican who failed to implement the smoking ban told a court he had not enforced the ban because he feared it would have serious financial repercussions for his business.

John O'Shaughnessy, the Coachman's Inn, Coachford, pleaded guilty to a breach of the Public Health (Tobacco) Act 2004, but the issue of penalty was adjourned after he told Judge James O'Connor he was in the process of trying to remortgage the pub.

O'Shaughnessy was convicted of a breach of section 47 of the Act when he failed to prohibit smoking in the pub last April 6th. He had a summons against him for a breach of section 46 by failing to have proper signage in place on July 16th struck out.

Solicitor for the Southern Health Board, Mr Diarmuid Cunningham, told Coachford District Court that the SHB was objecting to the renewal of O'Shaughnessy's licence on the basis that he had failed to honour an undertaking to prevent smoking taking place in his bar.

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Mr Cunningham said following a complaint to the SHB, senior environmental health officer Mr Tony Christie visited the pub on April 1st where between 8.40 p.m. and 9.30 p.m., he observed two people smoking.

The SHB spoke and wrote to O'Shaughnessy advising him that he was in breach of the legislation. Mr Christie again visited the pub on April 6th and noted two customers smoking in full view of the bar person who made no effort to get them to put out their cigarettes.

Mr Christie approached the bar person and warned her and O'Shaughnessy that an offence had been committed, but on further visits on April 18th, May 2nd, July 13th and 16th, SHB staff found that smoking was still being permitted on the premises.

Mr O'Shaughnessy told the court that he was spending €50,000 on a smoking room which he hoped would bring back customers lost when he began implementing the ban.

He said he was under a lot of pressure from the banks and was on the verge of "going under next week" if he didn't succeed in remortgaging the premises.

Mr Cunningham said he would be seeking costs of €475 plus VAT on each of the two summonses before the court, giving total costs of €950 plus VAT.

Judge O'Connor said that he wasn't going to penalise O'Shaughnessy at this stage by imposing huge fines on him, but he would make an order for the €950 costs plus VAT. "We will give him every chance to get back on the road, financially," said Judge O'Connor.

Judge O'Connor also struck out the SHB's objection to O'Shaughnessy's licence after O'Shaughnessy gave a sworn undertaking in court to implement the ban but he gave Mr Cunningham leave to re-enter the matter if there was any further breach. O'Shaughnessy was also convicted and fined €200 when he admitted having 21 people on the premises when it was raided by gardaí on April 9th last, Good Friday.