Pub and nightclub fined for smoking law breaches
The owners of a Galway City nightclub and pub received hefty fines this week for breaches of smoking regulations on their respective premises and must also pay the costs and legal expenses of the HSE, which prosecuted them.
Imposing the penalties on Skeffington Arms Ltd, which owns DNA nightclub, Ball Alley Lane, and Connacht Taverns Ltd, which owns An Púcán, Forster Street, Judge Mary Fahy again warned other licensed premises that they must be fully compliant with smoking regulations if they are to be granted special exemptions in her court in future.
Both companies and their managers – Shane O’Connor of DNA nightclub, and John Carmody of An Púcán – pleaded guilty at Galway District Court in December to breaches of smoking regulations following inspections by HSE inspectors last August, by failing to prohibit smoking in specified areas of their respective premises, contrary to Section 47 of the Public Health Tobacco Act 2002.
Regulations stipulate designated smoking areas in licensed premises must be situated in a roofless area open to the elements. HSE inspectors found the designated smoking area in DNA nightclub was an enclosed room, while two outside designated smoking areas at An Pucan had overhead canopies.
Judge Mary Fahy expressed concern at the time that both companies had initially ignored the HSE’s findings and it had been forced to issue proceedings against both premises to get them to comply. She warned other licensed premises at the time they would not be granted special exemptions if they too ignored smoking regulations.
Both managers gave undertakings to the court in December that they would comply with the HSE’s recommendations to make their premises compliant with tobacco regulations.
Sentence was adjourned to last week’s court and a solicitor for the HSE informed the court that both premises had made the necessary changes to their smoking areas and were now fully compliant with the regulations.
He said the maximum fines for breaches of the legislation was €4,000, while in the Skeffington’s Arms case, his costs were €2,800 and expenses for the HSE inspections came to €1,400.
He agreed with Judge Fahy that Connacht Taverns Ltd. had complied “in a more timely fashion” with the HSE than Skeffington Arms Ltd. and he said he was seeking costs of just €1,500 against that company.
The solicitor said the HSE was withdrawing the prosecutions against both managers on condition they give undertakings to the court again to continue to comply with smoking regulations until the annual licensing court next September.
Both Mr O’Connor and Mr Carmody gave the necessary undertakings to the court.
Judge Fahy then convicted and fined Skeffington Arms Ltd. €2,000, plus €2,500 costs and €1,200 expenses.
She convicted and fined Connacht Taverns Ltd. €750, plus €1,500 costs.
On the application of the HSE solicitor, Judge Fahy disqualified Skeffington Arms Ltd. from selling cigarettes from machines on its premises for seven days and disqualified Connacht Taverns Ltd from selling cigarettes from machines on its premises for five days.