LANGUAGE

Health Service Executive v. Brookshore Ltd.

The Health Service Executive brought an enforcement action against the operators of a pub for violation of the indoor smoking ban.  The "outdoor" area of the pub in question was in between two parts of the building, surrounded on all sides and covered by a retractable canvas awning.  The lower court held that the awning was not a roof and the area was outdoors; therefore, the area was exempt from the smoking ban.  The High Court overturned the lower court’s decision, holding that the awning is a roof.  The material which makes up the roof is irrelevant in this determination.  Therefore, the smoking ban applies because this area of the pub is not “wholly uncovered by any roof, whether fixed or moveable,” as is required for an exemption under the law.