"It is now well known that smoking can cause lung cancer and other fatal conditions. This was first clearly established in a seminal paper of 1950 by Sir Richard Doll. People are legally entitled to smoke if they wish. The problem is that when they do, the burning tobacco infests enclosed areas with its smoke; being present there gives the non-smoker an unhealthy dose without any compensatory pleasure. The Court would be acting in an absurd way if it did not take this reality into account. It is not possible for an argument to be accepted that any membrane covering the upper surface of a room or premises which impedes the ready dispersal of tobacco smoke is anything other than a roof. Even apart from that, ordinary common sense must prevail. Ireland has a markedly high level of rainfall and it seems to have increased in recent years, especially during the summer months. It is unpleasant to sit or stand outdoors smoking a cigarette and drinking a pint of porter while the rain tumbles down. People want respite from the elements. They do not want their drink to be watered down. Comfort and shelter are clearly the purposes of this awning. It is there to keep off the elements. It also impedes the dispersal of tobacco fumes. It is therefore a roof. It makes no difference if it is made of steel or slates, of canvas, of plastic or of glass. It is irrelevant if it leaks or it provides little in the way of insulation. What matters is that a roof is overhead and that, effectively, or less than effectively, it assists in keeping off precipitation and keeping in smoke. The area of Grace’s Pub in question was covered at the material time by a retractable roof and the learned District Judge was therefore entitled to proceed to conviction for the offence charged."