A judge has imposed a €2,600 penalty on a sunbed business for selling a session to a minor.
In the case before Ennis District Court, Judge Alec Gabbett imposed a €1,000 fine and costs of €1,600 on Solcraft Ltd for selling a sunbed session to a girl (15) at its premises Cosmopoli Tan in Shannon, Co Clare, last year.
It came after a “secret shopper” was deployed by the Health Service Executive (HSE) to do a test purchase in Cosmopoli Tan at Unit 7, Block E, Bru Na Sionna, Shannon, on November 26th, 2024.
Barry Kelleher, solicitor for the HSE, told the court that on the date “a 15-year-old child attended at the salon and approached the counter and asked for use of sunbed session”.
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Mr Kelleher said “the child asked for three minutes of time and she was told that she could get four minutes for the price of three”.
Mr Kelleher said the child “was never asked for her age or ID”.
He said the firm has no previous convictions, that the transaction took place and the child left the premises.
Solicitor for the firm, John Casey, said the business has a number of notices placed across its premises saying “No ID, no sunbed”.
Mr Kelleher said there was a further inspection of the premises in April this year as there was a report of underage sales continuing.
Mr Casey said on that date the company was found to be in compliance.
Mr Kelleher said the test purchasers deployed by the HSE don’t actually take the sunbed sessions.
“You would need danger money to do that,” the judge said.
Mr Kelleher told the court that people aged under 35 who use sunbeds increase their risk of developing melanoma by 75 per cent.
The judge said “children should not be in these premises – that is very straightforward” and he imposed the €1,000 fine as a deterrent to ensure compliance.
Asked about the level of enforcement activity under the Public Health (Sunbeds) Act, a HSE spokesman said last month: “In 2024, 10 fixed payment notices were served and four prosecutions taken by the National Environmental Health Service under the Public Health (Sunbeds) Act 2014.
“Two of the prosecutions were for sales to minors and both were upheld by the court.”
