A Waterford city publican alleged he was under pressure from customers and worried about his livelihood when he permitted smoking during a "lock-in" at his premises last July.
Among the group enjoying the live music in the pub were two undercover environmental health officers, who witnessed ashtrays on the tables and people smoking openly.
At Waterford District Court yesterday, Robert Cunningham, licensee of Mullane's Bar, Newgate Street, was charged with a breach of the smoking ban at his premises on July 1st.
The president of the District Court, Judge Peter Smithwick, imposed a fine of €100 and ordered the publican to pay €1,500 expenses. He was given two months to pay or face a month in prison.
Mr Gerard Hurley, who prosecuted the charge on behalf of the South Eastern Health Board, said it was the first case of its kind in the south-east.
The health board had received a number of complaints from members of the public in April, May and June that smoking was taking place in the Newgate Street bar.
Environmental health officers went to the premises and spoke to the licensee and his employees, and the licensee was also written to about the consequences of not enforcing the ban.
On July 1st, two environmental health officers called to the premises at 10.30 p.m. The front door was locked but they gained entry when the door was opened for another customer. Ashtrays were on the table and no effort was made to stop people smoking. When confronted, Mr Cunningham denied that smoking had taken place.
The prosecution also said the South Eastern Health Board had to invest a considerable amount of time to bring the case to court, with expenses totalling €1,800.
Defending solicitor Ms Sonia Kennedy said her client was under pressure from customers and worried about his livelihood, and as a result he did not stop people smoking on his 200-year-old premises. "Many customers were elderly and they were set in their ways and therefore it was rather difficult for the licensee to enforce the smoking ban."
However, he now realised he had to put himself in line with the rest of the country.
Ms Kennedy said it was his first offence, and asked for leeway regarding the fine, bearing in mind the defendant had his house in order and was now implementing the smoking ban.The sanctions, she added, were heavy and the maximum fine of €300 was a great deal of money for a small businessman.
Judge Smithwick pointed out that when the defendant was caught red-handed, he said "OK". He could have saved himself money and it would not have been necessary for the health board to go to such lengths to prove the case against him.
Bearing in mind the plea, he said he would impose a nominal fine of €100 and allow only €1,500 in costs and witnesses' expenses.
The publican declined to comment after the hearing, but his wife, Sandra, said she was happy with the fine. "We had expected it to be more."