Nightclubs, bars and other licensed premises must comply with strict smoking area regulations or they will not be granted special exemptions in future.
Judge Mary Fahy issued the warning to all licensed premises in her area while dealing with breaches of smoking regulations by Shane O’Connor of DNA nightclub, Ball Alley Lane, Eyre Square, and John Carmody, of An Púcán, Forster Street, both of whom pleaded guilty at Galway District Court to failing to prohibit smoking in specified areas of their respective premises, contrary to Section 47 of the Public Health Tobacco Act 2002.
Mr O’Connor was prosecuted for being in charge of DNA night-club on August 3 last when it failed to prohibit smoking in a specified area.
Skeffington Arms Ltd, trading as DNA nightclub, was also prosecuted for the same offence.
Mr Carmody, of Connacht Taverns Ltd., Connacht Hotel, Dublin Road, Galway, was prosecuted for being in charge of An Púcán, Forster Street, on August 2 last, when he failed to prohibit smoking in two specified areas, namely a covered area at the side of the premises and a large covered courtyard at the rear.
Connacht Taverns Ltd, the company which owns An Púcán, was also prosecuted for the same two offences.
The court heard both premises failed inspections which were carried out by the HSE of their designated smoking areas in early August.
Regulations stipulate designated smoking areas in licensed premises must be situated in a roofless area open to the elements.
HSE inspectors found the designated smoking area in DNA nightclub was a room with a roof, while two outside designated smoking areas at An Púcán had overhead canopies.
Judge Mary Fahy said she was concerned that both premises had initially ignored the HSE’s findings and it had been forced to issue proceedings and prosecute both companies and management at both premises to get them to comply.
A solicitor for the HSE told the court that management at DNA nightclub had now assured him the smoking area would be opened up and plans were afoot to have the roof taken off.
Judge Fahy said that would then make the premises the same as every other premises in the country.
“What I’m concerned about is that warnings were given by the HSE and totally ignored,” she said.
The court heard Mr O’Connor had given an undertaking, when the matter first came before the licence applications court in early December, that the smoking area in the night-club had been cordoned off from the public and it would remain so over Christmas.
Judge Fahy had adjourned the matter to allow time for the company to comply with the HSE’s requirements and she noted the undertaking given. She adjourned the matter to February 6 for sentence on condition the undertaking continued.
She warned that any breach of the undertaking between now and Christmas would be a contempt of court which would be dealt with by way of custodial sentence.
In the case of An Púcán, Mr Carmody and the company, Connacht Taverns Ltd, entered a plea last week to the breaches of smoking regulations on August 2 last.
The HSE’s solicitor told the court it would be prudent to get an undertaking from Connacht Taverns Ltd. and he wanted Mr Carmody to give an undertaking to the court that the smoking areas in An Púcán would comply with the regulations pending sentence on February 6.
He confirmed the premises was compliant with the regulations on re-inspection of its smoking areas recently.
Mr Carmody went into the witness box and gave an undertaking that the premises would comply with smoking regulations.
“In this case, a number of warnings were given by the HSE and those warnings were ignored and then this prosecution followed,” Judge Fahy noted from the court file.
The HSE solicitor said the owners engaged with planners in 2015 and agreed the areas would be compliant but when an inspection took place in 2016 and again last August, the areas were not compliant.
He explained that overhead canopies acted like a roof and, when in use, they made the areas non-compliant, but when they were retracted the areas were compliant because they were in the open air. He said the August inspection took place in the evening and it had been raining.
Judge Fahy asked the solicitor if he wanted the canopies removed and he said there was no need, and as long as they remained retracted the premises was compliant.
Judge Fahy said she didn’t like the sound of that.
“They can open them out when no one is looking. I’m very concerned for fair-mindedness and that every premises is treated fairly. And if some premises are being ‘cute’ and have canopies available to them, then they cannot be technically compliant unless these smoking areas are completely open to the elements.
“That is the law. I didn’t write it. I do not think a premises should be allowed the option of having a temporary roof when it suits.
“If you lived in Galway, you would know it rains five nights out of seven,” the judge said to the Dublin-based solicitor.
A solicitor representing Connacht Taverns said Mr Carmody was giving an undertaking that there would be a one-meter gap between the canopies.
Judge Fahy did not appear impressed. She said it was up to the prosecution to ensure the premises was compliant and the Gardai had a role in policing smoking areas.
“Any premises that comes before this court looking for special exemptions will not get them until they are fully compliant with smoking regulations,” Judge Fahy warned.
Mr Carmody told Judge Fahy he was responsible for An Púcán and would be happy to give undertakings to the court and the HSE to be compliant with smoking regulations.
Judge Fahy adjourned sentence for both premises to February 6.
The HSE solicitor advised the judge she could disqualify a premises from selling cigarettes for three months when it came to sentence for breaches of smoking regulations.
“I expect you to open the law to me on that on February 6. Thankfully, these type of prosecutions are few and far between,” the judge replied.
Community volunteers out in force for planathons on banks of Lough Atalia
Student volunteers and community activists were out in force throughout the month of December to push back against the climate crisis – taking part in a series of ‘plantathons’ on the banks of Lough Atalia.
Planting bulbs and trees, the programme was led by Galway Community College which owns the lands involved – and aims to rewild another portion of the city, following in the footsteps of Terryland Forest Park.
While a much smaller area by size, those behind the initiative say it shows what’s possible when the community comes together.
Supported by the National Park City initiative, the creation of this woods and wildflower meadow on what were, until now pasture lands, also had the backing of several other voluntary organisation in the city as well as Scoil Chaitríona Senior, Dominican College Taylor’s Hill, Galway Education Centre and Galway Science and Technology Festival.
With the bulbs provided by the Newcastle-based multinational Aerogen, Convenor of the Galway National Park City Brendan Smith said the project epitomised how the initiative brings interested parties together to do good.
He said efforts such as those on Lough Atalia showed the determination of young people and locals to continue the great work of those who carried out the very first plantathon in Terryland almost 22 years ago.
Those efforts were required now more than ever as the impact of the climate emergency was being acutely felt.
“The frequency and severity of storms is becoming more characteristic of Ireland as a result of unstable destructive global warm weather caused by the burning of fossil fuels and the destruction of nature’s ‘carbon sinks’ such as forests and bogs.
“Storm Barra was the latest in a long list of storms to hit our shores over the last decade. But one key way to tackle the climate emergency is to plant trees – and lots of them. The Irish Government wants to have 22 million trees planted annually.
“This planting also happens to tackle the other great global crisis of our modern era, namely Biodiversity loss,” says Brendan.
“One million out of five million known species on the planet are threatened with extinction. Global populations of fauna have declined by nearly 70% since 1970.
“A forest is probably Earth’s most diverse biodiversity rich mix of ecosystems with an oak tree being able to be home to over 400 species of flora, fungi and fauna.
“Planting trees is a necessary action in helping to save the planet from humanity’s errors.”
City’s newest Salmon Weir crossing will be in place before end of year
Galway city’s newest pedestrian bridge – costing €5m – is expected to be installed before December of this year.
The new cycle and pedestrian bridge over the Lower River Corrib will be located 25 metres downstream of the existing Salmon Weir Bridge.
An Bórd Pleanála granted planning permission for the bridge last August, and work is expected to begin on the project in the coming months.
Galway City Council, in conjunction with the European Regional Development Fund (ERDF), North Western Regional Assembly and the National Transport Authority, has sought tenders from contractors to carry out the work.
The City Council is co-funding the project under ERDF with matched funding from the NTA.
The project must be completed by November 30, 2022, to comply with EU funding drawdown.
In the planning application, the City Council said 9,000 pedestrians and cyclists who currently use the Salmon Weir Bridge would use the new bridge once it’s opened.
The bridge will link Gaol Road to Newtownsmith. The scheme includes three span pedestrian and cycle bridge over the Lower River Corrib (main channel), Mill Race (Persse’s Distillery River) and Waterside Canal (Friar’s River).
The vision is that it would facilitate the BusConnects project, which will use the existing bridge, and also open up opportunities for a civic plaza at the Council owned car park at Galway Cathedral.
According to the tender documents, the “bridge substructure will be reinforced concrete construction, founded on sleeved reinforced concrete bored cast in place piles at the abutments and spread footings founded on and anchored to rock at the piers”.
Traffic management will need to be put in place during works and due to the environmentally sensitive site location “no temporary or permanent works will be permitted to be undertaken from the watercourses”.
Contractors have until January 21 to respond to the competition.
CPO could trigger major development of housing
Just one submission has been received in relation to a Compulsory Purchase Order on a section of a hugely busy rat run between the Tuam and Headford Roads that could open up a large tranche of land for development if approved.
Galway City Council has applied to An Bord Pleanála to compulsorily purchase over 500 metres of land along Bother an Chóiste in Castlegar adjacent to land it already owns where a previous application to build 48 homes failed due to the width of the road around 2007.
That land is on the same side of the road as the Cluain Riocaird estate. There is another privately-owned land bank of over six hectares on the other side of Bothar an Chóiste also zoned residential that could accommodate up on 400 units which would also benefit from the road widening.
No application has been lodged for that development, but any approval would be dependent on an upgrade of the road which is widely used by motorists to avoid tailbacks at the two busiest traffic junctions in the city.
A spokesman for the Council told the Galway City Tribune that the purpose of the CPO is not to upgrade the through road between the Headford Road and the Tuam Road but to facilitate access to a parcel of its own land for housing development.
“The land take is not designed to be a transport measure. Bothar an Chóiste is not intended to serve as anything other than an access and egress point for local residents. The extent that we’re upgrading is the extent of residentially zoned land,” he stated.
One valid submission was received by the end of December deadline and has been forwarded by the board to the Council for consideration.
If the CPO is approved by an Bord Pleanála, the Council would prepare a design for housing and the road widening and seek funding from the Department of Housing. It would also be obliged to seek approval from Galway City Councillors for a part 8 development.
An application to build 74 homes a short distance away on the school Road was turned down by An Bord Pleanála after being rejected by the Council which had asked the developer, Altitude Distribution, to increase the housing density. The appeals board found the development would constitute a traffic hazard due to the width of the road and shortcomings with the layout because of site constraints.
A Bothar an Chóiste resident told the Galway City Tribune there were no details of what measures would be implemented to improve pedestrian and cyclist safety on what was already a highly-trafficked road.
“From a road safety stand point, marginally widening the road will only add to the already endemic ‘rat run’ culture as cars will be have a straighter road on which they can travel faster, with more danger for pedestrians, cyclists, families with buggies and small children getting to and from housing units to local shops, the Ballinfoile Castlegar Neighbourhood Centre, schools and other amenities,” she predicted.
“Making this road easier for cars to travel by widening means that even bigger, heavier vehicles that currently avoid it as it is narrow and bendy will make it even more detrimental to vulnerable road users.
“Housing units are welcome, but these builds should have the essential services and safe interconnected infrastructure for most vulnerable road users at the heart of the road widening proposals. It’s counter-productive to propose road widening without thoughtful footpaths and cyclepaths that will further lock local residents into car culture.”
The Council spokesperson said the design would facilitate pedestrian movements and public lighting to encourage active travel.
An Bord Pleanála is scheduled to hand down its decision by May.