*Compoli Tan.
A €2,600 penalty has been imposed on the operators of a sun-bed business in Shannon.
A judge, who has stated that it is a pity that there is not a ban on sun-bed operators facilitating sun-bed sessions for adults, imposed a €2,600 penalty today on a sun-bed business selling a sun-bed session to a minor.
In the case before Ennis District Court, Judge Alec Gabbett imposed a fine of €1,000 and costs of €1,600 on Shannon based sun-bed business, Solcraft Ltd for selling a sun-bed session to a 15 year old girl at its sun-bed premises, Cosmopoli Tan in Shannon last November.
The Health Service Executive (HSE) brought the rare prosecution under Section 4 of the Public Health (Sunbeds) Act 2014 after a 15 year old ‘secret shopper’ was deployed by the HSE to do a test purchase at Cosmopoli Tan at Unit 7, Block E, Brú na Sionna, Shannon on November 26th 2024.
Solicitor for the HSE, Barry Kelleher of Comyn Kelleher Tobin solicitors 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”.
Mr Kelleher said that “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 that the child “was never asked for her age or ID”.
He said that the firm has no previous convictions.
He said that the transaction took place and the child left the premises.
Solicitor for the firm, John Casey said that the business has a number of notices placed across its premises saying ‘No ID, no sunbed’ and similar notices.
Mr Kelleher said that that there was a further inspection of the premises in April of this year as there was a report of underage sale continuing.
Mr Casey said that 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 sun-bed sessions.
Judge Gabbett said, “You would need danger money to do that”.
Mr Kelleher told the court that people aged under 35 who undergo sunbed sessions increase their risk of contracting melanoma by 75 percent.
Judge Gabbett said that “children should not be in these premises – that is very straightforward”
Judge Gabbett said that he was imposing the €1,000 fine as a deterrent to ensure compliance.
When the case first came to court last month, Judge Gabbett remarked that it is a good thing that children are banned from having sun-bed sessions stating “it is a pity that this doesn’t apply to adults as well”.
Asked on the level of enforcement activity under the Public Health (Sunbeds) Act, a spokesman for the HSE said last month, “In 2024, ten 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”.
He added: “In 2023, seventeen fixed payment notices were served, and four prosecutions taken by the National Environmental Health Service (NEHS) under the Public Health (Sunbeds) Act 2014. Two of the prosecutions were for sales to minors and one was upheld by the Court.
