A Co Donegal man was fined €50 for having a pub smoking shelter that didn’t comply with law.
Paul McClure, 38, of Church Road, Carndonagh, was accused of a number of breaches of the Tobacco Act when he appeared before Carndonagh District court.
The court heard that Mr. McClure was the former licensee of The Carman’s Inn pub at Ture, Muff, and that he leased it from Mr. John Ryan.
Mr. McClure was accused of having a smoking shelter which was too enclosed, having possession of a self-service cigarette machine without a licence, and also not having the cigarette machine in sight of the staff working in the pub.
The Carndonagh man pleaded guilty to all charges before him at the sitting of the District Court.
The court heard from Mary Costello, an environmental health officer with the HSE, who said she visited the Carman’s Inn in Muff on January 15 this year. She said she entered the pub through the smoking shelter at the rear where she immediately noticed a self serving cigarette vending machine, which was on and working.
Miss Costello said she spoke to Mr McClure, who had recognised her when she came in, about the smoking shelter and the vending machine.
“He confirmed to me that he was selling cigarettes, however he was not registered to sell them, “ said Ms. Costello.
“He said he was trying to negotiate with the company over the fee. He also admitted that he allowed people to smoke in the shelter at the rear but there was no one in there when I called. I got measurements and took photographs and left. When I returned later there were two people in the shelter and both were smoking cigarettes.”
The court heard that the smoking shelter was a basic wooden structure and that 89 per cent of the structure was covered by walls.
Ms. Costello described the shelter as being “very enclosed”.
She told the judge that she had attended the premises that morning before the court sitting in Carn. She said the pub was closed but she was able to access the shelter from the car park at the back. She noted that “some modifications and improvements” had taken place.
The environmental health inspector also noted that there were no ‘no smoking’ signs in the shelter, and regarding the cigarette machine she said it was not positioned in the correct place. She said these must be in line of sight for staff working in the bar in order to ensure that no one under the age of 18 years was able to buy cigarettes from it.
The court heard that the cigarette machine in the Carman’s was located down a back hall and definitely not in line of sight of the staff working on the premises.
Defence solicitor Ciaran MacLochlainn said his client, Mr. McClure, had been in dispute with the landlord Mr. Ryan. He claimed the landlord had refused to put the smoking area in order.
Mr. MacLochlainn said Mr. McClure was the tenant from June 2011, and remained there for more than four years. However he said that he parted company with the landlord ‘on bad terms’ and they were still in dispute.
Mr. MacLochlainn said his client was now unemployed and in ‘dire circumstances’. He asked the judge for leniency in the case as he pleaded guilty at the first opportunity and was co-operative.
Judge Paul Kelly said he would take note of Mr. McClure’s circumstances and situation. However, he said as Mr. McClure was the occupier for four and a half years the onus was on him to be compliant with the tobacco law.
Judge Kelly fined Mr McClure €50 on the first charge and applied the Probation Act on the remaining charges. He also ordered Mr. McClure to pay €700 in prosecution costs.