Publican prosecuted for allowing smoking

A lit cigarette on a ledge inside a Loughrea bar during a HSE inspection led to the publican being prosecuted and fined for allowing smoking in a specified place on the premises.

Michael Dempsey of Aggie Madden’s Bar, Main Street, Loughrea, and his bar tender, Carmel Guinen, both pleaded not guilty to Section 47 of the Tobacco Act on December 9 last year.

Peter Gaffey, Environmental Health Officer with the HSE, told the Court there was a strong smell of cigarette smoke as he went through the front door of the bar and that he spotted a lit cigarette on a ledge between the pool table area and a stairs leading down to toilets and a rear exit entrance.

Downstairs, there was construction going on and he also noticed a cigarette butt on the floor of the men’s toilet, which also smelled of smoke.

He inspected the premises again on Monday evening, September 30 as part of the protocol before a Court hearing and again he got a strong smell of smoke around the premises.

He said he didn’t document whether there were ‘no smoking’ signage around the premises but equally didn’t document if there had been an absence of the signs on his first visit. However, he did notice signage on his last visit last week.

Another Environmental Health Officer, Chloe Harper, who accompanied Mr Gaffey on his December visit, said she too got a strong tobacco smell on entering the premises.

She said, after the lit cigarette was found, Ms Guinin had asked the four young men playing pool who had been smoking but they didn’t answer left the bar.

Michael Dempsey told the Court that he had run the bar with his wife for the past six years and employed three other people.

He said that he always made sure nobody smoked on his premises and told the Court that he had spent money on providing a steel canopy over the rear exit door seven months ago at a cost of €1,400 where his patrons could smoke.

He further explained that the cause of the tobacco smell on the premises was due to people leaving the front door open while they smoked outside on the street.

But he said that there was some confusion over E-cigarettes and whether it was legal to smoke them on a licensed premises or not.

“I have made every effort I can to provide a smoking area. There would be absolute war if I found anyone smoking on the premises. . .  but I don’t know if the E-cigarettes are legal or not. Some customers tell me it’s legal. I have a zero tolerance to smoking as I don’t smoke myself,” he said.

Carmel Guinen told the Court she was working on her own the night of the HSE inspection and that one of the young fellows playing pool had lit up and she had asked them to cut it out.

She had accompanied the inspectors during their visit and answered their questions.

Judge James Faughnan said he was satisfied that the HSE had made their case and convicted both Dempsey and Guinen. He said there was lots more Dempsey could do to make sure his customers didn’t smoke on the premises.

Pat Carty, defending, said Mr Dempsey was not running a thriving business and to take that into account by giving him more time to pay a fine.

Dempsey, who has a previous conviction for allowing smoking on the premises, was fined €1,000 plus €1,750 costs and has been restricted from selling tobacco for one week starting on November 1.

Guinen was fined €200. Recognisances were fixed for both and he gave them four months to pay.