Ballina pubs forced to cough up for smoking areas

Ballina pubs forced to cough up for smoking areas


THE operators of two public houses in Ballina were convicted and fined at last week’s sitting of Ballina District Court for allowing smoking in a specified place with more than 50 per cent of the area covered.
A fine of €250 plus €750 in costs was handed to the receiver of Brennan’s Lane Bar and Restaurant, Tone Street, Ballina – Tom O’Brien of Mazars, Block 3, Harcourt Centre, Harcourt Road, Dublin. A fine of €250 plus €750 in costs was also handed to CM Bard Tavern Ltd, Garden Street, Ballina, the company that owns The Bard on Garden Street, Ballina.
The court heard that a HSE inspection on April 12, 2013, at Brennan’s Lane Bar and Restaurant found people smoking in the back entrance of the premises.
The area, measuring 25ft by 40ft, was found to be completely covered by a roof with a mesh cage above 8ft and four walls surrounding it.
The HSE wrote to Mr Keith Brennan, the previous owner of the premises, in November 2012 and January 2013, advising him that the area should be 50 percent open, and that the mesh could not be considered ‘open’.
The licence for the premises was transferred from Mr Brennan to Mr O’Brien the receiver a number of days before the April inspection. Since the inspection, the area has not been used, and an adjacent area is being used and is compliant.
On April 12, 2013, a HSE inspection was also carried out on The Bard, Garden Street, Ballina, where people were seen smoking in an area off the premises. On inspection, the 50ft by 8ft area was found to be surrounded by three walls and a perspex roof.
The court heard that the owner of the premises, Michael Carr, held his hands up and said he would rectify the problem and has since closed the area from use and removed the roof.
Defending solicitor for CM Bard Tavern Limited Michael Bohan told the court that the legislation regulating smoking areas was hard to understand and interpret.
Judge Devins convicted Mr O’Brien and CM Bard Tavern Limited, fining them both €250 plus €750 in HSE costs.