The Western Health Board has warned of further prosecutions over the smoking ban, following the first such conviction of a publican for a breach of the new legislation in Connemara.
Mr Pádraig Folan, proprietor of Tí Hanraí, Leitir Mór, Co Galway, was fined €1,200 and €500 in costs at Derrynea District Court, Co Galway yesterday.
This followed his conviction for breaching the Public Health (Tobacco) Act 2002 as amended by the Public Health (Tobacco) Amendment Act 2004 at his bar on May 14th.
Mr Folan, who had pleaded not guilty, told Judge William Earley that he had great difficulty in enforcing the ban, which came into effect in late March. The fine imposed was less than the maximum penalty of €3,000 under the new legislation, and recognisance were fixed in the event of an appeal.
The case taken by the Western Health Board against Mr Folan followed two visits by an environmental health officer after an anonymous tip-off. Cigarette butts were noticed in ash trays at the counter.
The court in Derrynea was told yesterday that Mr Folan had been given two warnings by the environmental health officer in April - one informal and one formal.
On May 14th, the environmental health officer returned and found three customers sitting at the bar smoking.
The customers extinguished their cigarettes when requested but Mr Folan said he permitted smoking in the bar. However, Mr Folan denied in court yesterday that he had made any such comment.
Tí Hanraí, which is currently undergoing some refurbishment, is a single-storey pub located over 35 miles from Galway city in south Connemara.
Known locally as "Hanleys", it is in a Gaeltacht area and signs warning "Ná Caitar Tobac" were prominently displayed on the premises yesterday frequented by local customers and visitors. The pub is run by Mr Folan and his partner, Ms Karen Healy.
Commenting after the court hearing, Ms Healy said that she and Mr Folan were fully behind the ban and didn't tolerate smoking on the premises.
"We complied with as much as we could of the order, but it is very hard to when you have people who are local customers and who think it's personal," she said.
Ms Healy said that she and Mr Folan were "very upset" as they believed they had not received a fair hearing, but "that's how it goes".
While several customers inside the pub were unwilling to comment yesterday, pipe-smoking Mr Pádraic Seoige considered the judgment in a shed outside the premises, sheltering from a brisk Atlantic westerly.
It was fine to be outside when the weather was good, he said, but "what happens when there's a storm".
Mr Folan's conviction comes just two weeks after a Galway city pub, Fibber Magees, was threatened by a High Court injunction, when it decided to allow customers to smoke.
