Vol. 577 No. 1
174 Mr. Naughten asked the Minister for Health and Children the circumstances under which a publican will be prosecuted following the implementation of the smoking ban; if he will define "reasonable efforts", under which a publican would not be liable to prosecution or fines; if he endorses the comments of the Minister of State at his Department during a recent BBC TV interview; and if he will make a statement on the matter. [30577/03]
Enforcement of regulations prohibiting smoking in specified places, including decisions to prosecute a person for an alleged breach of the regulations, is a matter for the authorised officers from the appropriate enforcement agencies, such as the health boards and the Office of Tobacco Control. Guidelines to assist staff employed in licensed premises in complying with regulations prohibiting smoking are being finalised by the Office of Tobacco Control, which is in contact with representatives from the licensed trade.
In the event of a prosecution being taken, it would be a matter for the court to decide if the defendant had taken reasonable efforts to comply.
