The HSE brought the charge of allowing smoking in a specified place against the owners of two pubs in Ballina after their smoking areas were deemed not to comply with the law.
Ballina District Court heard that on April 12 2013 at 9am environmental health officers with the HSE entered Brennans Lane, Ballina, and inspected the smoking area. It was noted that the smoking area, which was in use, was completely covered by a roof and was surrounded by walls. The roof was part of the storey above and the rest was Perspex. This area was deemed not satisfactory as it did not comply with law. Compliance with the law is a minimum of 50 per cent open space. The bar had previously been inspected in November 2012 and January 2013. The premises are now in receivership and therefore the person being prosecuted in this case is Tom O’Brien, Mazars, Block 3, Harcourt Centre, Harcourt Road, Dublin.
The premises are now compliant as the area has ceased being used and a smaller area beside it is now in use.
Judge Mary Devins convicted and fined O’Brien €250 and a contribution of €750 in costs.
On the same day at 9pm the environmental officers went to Bar Square, Ballina, which is run by CM Bard Tavern Ltd, Garden Street, Ballina.
The large smoking area was completely roofed with Perspex, which did not comply with legislation.
The premises had previously been inspected in January and the owners, the Carrs, were told not to use the area.
The roof has now been removed from the smoking area.
Judge Devins convicted and fined CM Bard Tavern Ltd €250 and directed €750 towards costs.