Publicans may back challenge to smoking ban

Publicans meet in Galway today to consider backing the legal challenge to the workplace smoking ban initiated by Mr Ronan Lawless, owner of Fibber Magees.

Mr Paul O'Grady, chairman of the Vintners Federation of Ireland (VFI), Galway city and county branch, yesterday said he is personally in favour of backing Mr Lawless, owner of several licensed premises in the city.

He also believes that the VFI should seek the support of the three other national organisations representing the licensed trade in financing the legal challenge.

However, Mr O'Grady told The Irish Times that it would be up to the branch membership to decide, and any recommendation would have to be forwarded to VFI headquarters.

The VFI did not condone the action taken by Mr Lawless and his business partner, Mr Ciaran Levanzin, last week when the publicans decided to put out ashtrays and allow smoking upstairs in Fibber Magees pub on Eyre Square in response to a downturn in business.

However, Mr Lawless's decision to close the pub in advance of threatened legal action by the Attorney General's office and the Western Health Board (WHB) has "changed the picture", Mr O'Grady says.

"The VFI couldn't back Mr Lawless while he was acting illegally, but a cannon was then used to crack a nut, backed by the Minister for Health, the Taoiseach, the Attorney General and the district courts," Mr O'Grady said.

"Ronan Lawless has no backdoor to his premises, and he raised a number of valid points when he took his action last week."

Fibber Magees is one of several businesses on the east side of Eyre Square which has been hit by the city council's €5 million redesign of the area, but Mr Lawless attributes most of his lost earnings to the introduction of the smoking ban on March 29th.

Mr Lawless reiterated yesterday that the pub would remain closed, pending the outcome of his legal challenge, but some 14 staff, including 10 full-time employees, would be retained and deployed elsewhere.

Mr Lawless confirmed that he had received several hundred euro from various well-wishers through the post last week, and one man had even written offering to pay the first fine imposed on any of his staff by the Western Health Board. However, the failure of other Galway city publicans to come out and support him was "understandable", he said.

"They have to watch their own businesses, but I know many gave me quiet support."

Reaction generally was mixed in the city, with NUI Galway Students' Union (SU) and the Mayor of Galway, Alderman Catherine Connolly, condemning the publicans' action.

Mr Paddy Reilly, NUI Galway SU president, said the union was "disgusted that proprietors would openly flaunt the law in this manner".

Mr Paul Grealish, owner of the King's Head pub and the Malt House Restaurant, said that all businesses on Eyre Square had been "hard hit" by the construction work.

Mr Grealish said there was a "lot of bluster" about alleged breaches of the ban already by publicans.

"This is simply not true, and if there are breaches, they are in the minority," he said.

"The nature of the trade has changed, and we have taken measures ourselves - like opening a new lunchtime theatre and music venue and developing a greater dependence on food."