The owners of Fibber Magees pub in Galway are to bring a constitutional challenge against the smoking ban, Sky News has reported.
The joint owners of the Eyre Square pub took legal advice today ahead of a formal deadline to re-introduce the smoking ban on their premises.
The Western Health Board has given the landlords of Fibber Magee’s in Eyre Square until 4pm today to comply with the fledgling law, and they did so.
Justice Minister Michael McDowell waded into the row as fears grew that the blatant defiance would lead to the collapse of the fledgling law.
He said: “I want to make it clear to anyone considering following this example that an immediate instruction would go out to every superintendent to oppose the renewal of any license of anyone flouting the law in this way.”
Just after 4.30pm today, the Taoiseach Bertie Ahern confirmed the move which followed written correspondence from the Attorney General - the Government's legal adviser.
The Fibber Magee owners - Ciaran Levanzin and Ronan Lawless - are understood to have admitted that they do not want to go to jail over the issue.
Meanwhile, a pub in Limerick city which had also been flouting the ban opened for just 10 minutes today after environmental health officers visited the premises.