Smoking ban guidelines tell publicans to take strong line

Official guidelines for implementing the smoking ban will advise publicans to take strong action against customers who ignore…

Official guidelines for implementing the smoking ban will advise publicans to take strong action against customers who ignore the law, by refusing to serve them drinks, removing them from the premises or contacting gardaí, writes Carl O'Brien.

The measures, to be published shortly, will oblige all pubs, restaurants and night-clubs to have permanent no-smoking signs at the entrance to their premises, at service counters and at entrances to lavatories and staff rooms.

Licensed premises are also being advised to remove ashtrays.

Staff and customers who contravene the ban, which is expected to come into force in March 2004, are liable to a fine of up to €1,900 and imprisonment for up to three months.

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The guidelines have been drawn up by the National Implementation Committee, which includes representatives from the Department of Health, health boards and agencies such as the Office of Tobacco Control and the Health and Safety Authority.

The procedure for dealing with customers who break the law is set out in a six-step guide, which begins with a warning to individuals that they are committing an offence. Publicans or restaurateurs are then advised to refuse the customer service and ask the individual to leave the premises if he or she continues to smoke.

If a customer refuses, the guidelines state that "normal procedure for anti-social/illegal behaviour" on the premises should be implemented. In cases where physical violence is threatened or encountered, gardaí should be contacted.

While publicans or licence-holders are responsible for implementing the ban, the involvement of gardaí, even as a matter of last resort, appears to represent a shift in official policy. The Minister for Health has stated that gardaí would have no role in policing the ban.

The Government is still facing the headache of adequately enforcing the ban as legal difficulties mean it cannot use Health and Safety Authority officials, as planned, until new legislation is passed. In their absence there are 40 environmental health officers designated to enforce the ban.

While critics say the lack of staff will make the ban unenforceable, the Department of Health maintains this number is similar to staffing levels for the policing of similar bans in Boston and New York.

Publicans' representatives are likely to be angered at the extent to which they will be held accountable for the actions of their customers.

Despite some signals that publicans' liability for the actions of customers might be watered down, the guidelines make clear that "overall responsibility for policy implementation rests with the occupier, manager or other person in charge of the workplace".

As part of the implementation of the ban, the guidelines state that all existing employees, consultants and contractors should be made aware of the restrictions and be reminded of their role in implementing them.