“I told the man ‘put out that fag quick, the smoking officer is
here’. He ran out the backdoor with fright and didn't return for a week.”
Publican Michael McInerney has become the
first proprietor to successfully defend himself in court after being charged with breaches
of the no smoking ban on his premises. He was acquitted in court of contravening the
smoking ban legislation after the judge hearing the case said "he had a slight
doubt in the matter"
The court heard that senior environmental health officer
Pauline Duke inspected the Corner Bar in Kildyart, Co Clare on September the 3rd 2004 and
smelt tobacco smoke and saw a man smoking a cigarette in the lower area of the bar. She
told the court that she approached the owner Mr McInerney who at not no stage during the
10 minutes she spoke to him addressed the issue of the man smoking or asked him to
put out his cigarette. However Mr McInerney said that he was on the phone when he
saw Ms Duke enter the premises and didn’t see the man in time before he lit up his
cigarette. “I told the man ‘put out that fag quick, the smoking officer is
here’. He ran out the backdoor with fright and didn’t return for a week.” Mr
McInerney's solicitor in his defence stated, "Like any small country pub, the
Corner Bar has only one person working in it at any one time and it is not reasonable to
expect the person in charge to see what customers do every second. He didn’t see the
man lighting up and there is no offence under the legislation in this case.”
Judge Joseph Mangan having heard the evidence dismissed the
case. Chairman of the Clare Branch of The Vintners Federation of Ireland, Declan
Brandon was delighted with the "common sense" verdict and said, "Unless
there is some pull back on the legislation and there are designated smoking areas allowed,
the trade is in severe trouble. It has had a ferocious impact.”
