Publican plans to carry on fighting no-smoking laws

Geoffrey Mulvihill

The fight is not over for Timaru publican Geoffrey Mulvihill who was convicted yesterday of failing to enforce the smokefree legislation in his tavern.

Mulvihill was ordered to pay a total of $15,000 in fines and costs at the Timaru District Court for not taking all reasonably practicable steps to ensure nobody smoked in his bar.

But the pub owner said today that people from all over the country had been calling and offering to help pay the fine.

Donations now stood at $4000 to $5000.

"They (donors) said they were pleased with the stand and to keep going. Because I haven't finished yet -- as you can imagine. It's not over yet, it's just the first round," Mulvihill said.

He said he was not going to appeal his sentence, but had "other ways of attacking" the legislation. He declined to reveal his plans.

Mulvihill was the first publican to be tried under the Smokefree Environment Act which came into effect on December 10, 2004.

He argued that it was up to individuals to choose whether or not to smoke in bars, saying: "I'm standing up for the people of New Zealand's basic freedom of rights."

Mulvihill said he was surprised how much public support he had received.

"People I've never seen before were coming out of the woodwork, shaking my hand and saying 'Thank you'."

He said all the hotel patrons who were smokers went outside last night to light up.

And they caused "a bloody mess".

But Mulvihill said he had no plans to build an outdoor area for the smokers that come to his bar.

"There's no such thing as an outdoor area because it's never been defined correctly," he said.

- NZPA