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Smoking ban - ignored or a loophole?

  • 27-08-2013 4:57pm
    #1
    Mr. Flibble
    Registered Users, Registered Users 2 Posts: 2,364 ✭✭✭


    Can someone fill me in; are all the pubs with smoking areas with walls and a roof breaking the law and the law isn't being enforced, or is there a loophole that allows them to do this?


Comments

  • #2
    coylemj
    Registered Users, Registered Users 2 Posts: 25,501 ✭✭✭✭coylemj


    It depends on how much wall and how much roof. Some are compliant, some are not. You'd need to quote a specific instance with relative dimensions.


  • #3
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    A certain ex-members club in Dublin sails very close to the wind, or rather would if there were any ventilation what so ever :pac:


  • #4
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,750 Admin ✭✭✭✭✭hullaballoo


    Dublin probably has the highest rate of compliance I've seen, all the same. There are places I've been to in rural areas where smokers just have a different room.


  • #5
    coylemj
    Registered Users, Registered Users 2 Posts: 25,501 ✭✭✭✭coylemj


    There's a well known pub in the midlands with an outdoor smoking 'room' which is bigger than the main indoor part of the pub. Most of the smoking area is surrounded by the walls of outbuildings and sheds and there's a huge retractable roof. Patio heaters ensure that even in winter it's pretty cosy. It's marginally compliant at best.


  • #6
    beertons
    Hosted Moderators Posts: 23,152 ✭✭✭✭beertons


    You could have a smoking area passed by one guy, and when the next person comes along they might tell you to change it. One way i've seen publicans stop all that nonsense is to get it in writting when a health official passes it. So when it's queried, they are shown the letter.


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  • #7
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    beertons wrote: »
    You could have a smoking area passed by one guy, and when the next person comes along they might tell you to change it. One way i've seen publicans stop all that nonsense is to get it in writting when a health official passes it. So when it's queried, they are shown the letter.

    This is a Denning-esque judgment on a case stated from the District Court on the question: When is a roof, a roof.

    This is on point and authoritative for the HSE vis-a-vis prosecutions.

    Enjoy: http://courts.ie/Judgments.nsf/23fd4a34bad801d980256ec50047a0a8/1225f14595f8255a8025772800371458?OpenDocument


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