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Remote control roof on smoking area lands pub in court

A PUB smoking area is not a smoking area for the purposes of complying with the law when it has four walls and a roof. But Gorey District Court was told that it may fit the bill if only 50 per cent of the roof is in place.

The finer points of the legislation were teased out last week during the case taken by the health service against Demmac Inns, the firm which runs the Castle Bar on Enniscorthy’s Castle Hill. The case was brought after the environmental health officer called to the premises on August 15 last, when the smoking area was totally enclosed.

Demmac’s solicitor Julie Breen told Judge Gerard Haughton that her clients had spent €5,000 installing a retractable roof operated by remote control. On the date of the offence, rain was falling and the roof was left fully closed. A fine of €500 (HKD 5,300) was handed down and Demmac was ordered to pay prosecution costs of €800 (HKD 9,600).

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