Pub fined over smoke ban breach

A pub was yesterday fined the maximum €3,000 for breaching the smoking ban

A pub was yesterday fined the maximum €3,000 for breaching the smoking ban. A court heard that patrons were seen smoking three times in one night in a hallway at the rear of the premises.

Richmond Properties Ireland Ltd, trading as Flannery's Bar and Restaurant of Lower Camden Street was one of the first Dublin pubs to be fined since the ban came in last year.

Dublin District Court heard that a health inspector had seen people smoking in a hallway that leads to the toilets three times on the night of December 11th last. There were seven people smoking the last time he visited the area, shortly before he informed a manager. The inspector, Declan McAleer, said there were a number of staff in the vicinity during the night on which there were around 400 people on the premises.

Counsel for the pub said it was outside the "normal drinking and working area" and that the creation of a beer garden at the rear of the pub had since rectified the problem. He asked the court to deal with the breach leniently as it was a first offence. Judge John Coughlan said he did not accept the defence explanation. "I am an expert on pubs. I am in a pub every second day," he said.

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When he imposed the maximum fine of €3,000, defence counsel asked him to reconsider as it was a first offence with a guilty plea. Judge Coughlan refused and also ordered the pub to pay €1,000 towards the Health Service Executive's legal costs.