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Bar owner sentenced to jail for allowing smoking on premises

First time ever that smoking ban results in prison sentence

CATHAL DERVAN,

IrishCentral.com Staff Writer

Published Friday, March 11, 2011, 7:11 AM

Updated Friday, March 11, 2011, 7:11 AM

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Barman will be the first person to be jailed over the smoking ban

Photo by The Virginian-Pi

The first bar owner in Ireland to be sentenced to a jail term for breaking the smoking ban has spoken of his surprise at the verdict.

Monaghan publican Paul Finnegan didn’t even know he was facing jail time for breaching the ban until he read the story and saw his name in the papers on Thursday morning.

The owner of Shenanigans Bar on Castleblayney’s Main Street in County Monaghan, Finnegan faces a three month jail sentence after a number of young people, some of them in school uniform, were observed smoking on his premises last year.

Finnegan didn’t attend the hearing at Carrickmacross District Court on Wednesday when judge Sean McBride described him as ‘totally lawless’ and fined him €2,000 as well as imposing the jail sentence.
After consulting his lawyer, the separated father-of-two is to appeal the sentence and is adamant that he can’t go to jail.

“I can’t do that. My mother and father are sick and I can’t leave them. I can’t close my business down either,” Finnegan told the Irish Independent.

A former prize winner on an Irish television lottery game, Finnegan believes he is the victim of a local vendetta against his bar.

“At dinnertime, all the kids congregate in the alley beside me here and they’re smoking in the alley around the door of the pub and eating chips and doing what kids do when they’re 17 or 18,” added Finnegan.

“But even if the pub is closed, they’d be there. It’s an awful way to be; all my taxes are paid, I have my tax-clearance cert here in the pub for anyone to see, the rent’s paid, as are the water rates - everything’s paid.

“This pub is a lovely wee tidy place. There’s three old women here now drinking tea, there’s two old boys drinking Guinness, and there’s one fella 65 years of age with one leg - so, if that’s lawless, I don’t know what is.”

The court heard that Finnegan has two previous convictions for breaking the smoking ban.

An environmental officer for the local health board witnessed people smoking on the premises when he visited Shenanigans last December, some of whom were wearing school uniforms.

Nster.com

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42 Comments

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mamaginnty | Aug 03, 2011, 11:26 AM EDT

Kateonprint and Sirpeter....you light up my life. As for Finnegan, I do not think he would stand there allowing kids in uniform to smoke. At my own village local, once in a while on a cold winters night I would go down with a few friends, sit in front of the open fire with a nice hot whiskey, not many around ...and have our ciggies, .... (and a great night had by all)

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KerryLKing | Mar 16, 2011, 10:34 PM EDT

While in Ireland I really never minded going out into the "smoking area" that most pubs offer. Actually, some of my best conversations took place out there. Now that I'm a non-smoker and headed to Ireland next month...I'm starting to become nostalgic for the times spent out with the smokers. Even when I did smoke I always fully understood the reasoning for the ban...and never felt inconvenienced by having to go outside.

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joebloggs | Mar 15, 2011, 09:01 AM EDT

to clarify smoking is banned on the enclosed part of the premises, adjacent to, outside, outdoors the law does not apply, it does apply indoors. so now we get to choose which laws we comply with and which ones we can ignore, freedom of choice I suppose. Hey I dont want to pay tax, great I dont have to !!

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EHHarrison | Mar 14, 2011, 11:42 PM EDT

Come on Ireland, you're better than this. Banning a legal activity from a pub. Really, no smoking, but drink yourself silly. The pub owner should decide if there's gonna be smoking in his pub. The public should decide if they're gonna go or not. Freedom is all but a memory

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wjcomerford | Mar 14, 2011, 04:01 PM EDT

I think people are missing the true message here. The smokers were observed on the premise. What is the definition of premise? Is it the confines of the building or on the property surrounding it? Where were the smokers observed smoking? Smoking bans are the product of over zealous health advocates who have no concern for legalities. They just want everyone around them to stop smoking. They often write laws that have no practical common sense in them because they exaggerate and conspire to win financial benefits from the legislative acts. A single man cannot supervise the inside and outside of his premises at the same time it is physically impractical. If a non patron is smoking on his property is he still guilty? Is he supposed to have paid smoking police on property? Legislative acts often assume the pub owner has legal control of his surroundings. Often the smokers are on public property beyond the publican's control yet his establishment may be fined for offenses on government property. Why is the government not enforcing the police action upon the individual smoking? I have never seen a bar smoke, only people smoke. Why not fine the government for its failure to enforce upon smoking individuals? It can't afford to do it and neither can the publican so they pass the onus onto the proprietor and then send him to jail. They achieve their goal but at what cost? The bar closes, the business can no longer pay taxes, more pubs close, tourism drops and Ireland goes bankrupt. These nanny laws have consequences.

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joebloggs | Mar 14, 2011, 09:19 AM EDT

is it idiotic to impose a law that is intended to protect the citizens of the State. Surely that is the function of Governemnt. He choose to ignore the law, in a democracy laws are made by the Government on behalf of the citzenry, so in effect this publican is ignoring laws made on his behalf by his government. If I think a law banning drink driving is idiotic can I ignore it. By the way EDDIE2K10 he isnt in jail yet as he is going to appeal.

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EDDIE2K10 | Mar 14, 2011, 02:21 AM EDT

That is F**KING CRAP. RELEASE! That MAN IMMEDIATELY. "FREE SEAN McBRIDE". There OUGHT to be a LAW against, PEOPLE, who IMPOSE, such an IDIOTIC LAW. BUGGER OFF, Smoking Bans.

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jamieLM | Mar 13, 2011, 10:29 PM EDT

In the U.S. the bar owner is reponsible for seeing that the non-smoking ban is enforced in his bar. In some states, if the bar owner allows smoking, he receives a fine and/or his liquor license can be revoked for 30 days. Repeated violations can result in stiffer fines and the permanent loss of his liquor license. The prospect of losing one's business for repeated offenses is usually enough to bring about compliance with the non-smoking law without putting anyone in jail. You have to be a total idiot to skip out on a court appearance. Good posts, joebloggs & Searlit.

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wasqazz | Mar 13, 2011, 09:31 PM EDT

cut the guy a break.. prove he knew the kids were smoking IN his place.

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KellyShu | Mar 13, 2011, 05:00 PM EDT

Here are some actual numbers from the AMA of america..... 416,210 people were treated for alcohol related illness/accidents in 2009. 704,006 people were treated for car accident injuries NOT related to alcohol/drugs in 2009. 600,326 people were treated for sexually transmitted diseases in 2009. 103,901 people were treated for possible smoking realted illness in 2009. Mind you, theses are from hospitals nationwide that took part in the study. Figures can vary slightly. If you want to complain about health risk and medical costs going up..perhaps we should ban driving, drinking and sex. Apparently they are all more dangerous than smoking.

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jacersagain | Mar 13, 2011, 01:31 PM EDT

If a person continues to ignore the law, including showing disrespect by not turning up in court to answer his summons, he must be punished. However, jailing him is out of proportion to this crime, especially if the smokers were actually outside in the fresh air. >> On the subject of banning smoking – the Irish Govt introduced this measure to try limiting the effects of smoke on people. It is the singular biggest cause of smoking-related illnesses being treated in Irish hospitals, especially those borne by elderly people who’ve smoked all their lives. It is costing the Irish Exchequer (tax-payers) billions for their treatment, so something had to be done to limit its effects. I guess it will take at least a generation, perhaps longer, to free up hospital wards of these illnesses with the help of this law.

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Newrone | Mar 12, 2011, 06:42 PM EST

"There’s three old women here now drinking tea, there’s two old boys drinking Guinness..." Cry me a river! You broke the law mate. Knowingly. Several times. You knew what you were doing. You should have checked what you were due before doing it, and made plans for your poor sick parents (sniffle) & your kids too. What kind of inconsiderate son/father are you? The law - and other peoples' health - are not optional accessories to your particular personal interest or to your business.

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joebloggs | Mar 12, 2011, 04:08 PM EST

the last time I checked it was still legal to drink but not smoke in pubs, Micky 74007, maybe if you are that upset you should stay at home and smoke if you want, without polluting the air of people who want to socialise without being choked with smoke. Non Smokers who by the way are in the majority, deserve protection.

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MarthaAnne | Mar 12, 2011, 01:26 PM EST

I am thrilled that smoking is not allowed in Irish pubs, nor here in metro NYC, but it is lunacy to put someone behind bars for allowing people to smoke in his pub. Vindictive lunacy. Jails should be reserved for the violent for the most part. This man could have been given a stiff fine and community service and maybe some checking on his pub from time to time. He has learned his lesson and I really am appalled that they are putting him behind bars. An evil and cruel act, in my humble opinion.

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Searlit | Mar 12, 2011, 12:03 PM EST

It sounds like a suspended sentence is in order. I do agree with the smoking ban. It protects bartenders, (my son managed a bar for several years), performers, whoever may be a non-smoker, including myself. I like to go to pubs that offer live music, food and a smoke-free environment. There are many more non-smokers than smokers. This law, rightfully, protects the rights of the majority from exposure to a known carcinogen. It is not on the books to infuriate the smokers, though their addiction to smoking seems to make them feel that way.

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