Clare-based tanning salon convicted and fined for 'selling' sunbed session to teenage girl

A judge has imposed a €2,600 penalty on a sunbed business in County Clare after it was convicted of selling a sunbed session to a juvenile.

In the case before Ennis District Court, Judge Alec Gabbett imposed a €1,000 fine 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 premises, Cosmopoli Tan in Shannon last November.

The Health Service Executive brought the rare prosecution under Section 4 of the Public Health (Sunbeds) Act 2014 after a 15-year-old ‘secret shopper’ was deployed, on November 26, 2024, to do a test purchase at Cosmopoli Tan, which operates from Unit 7, Block E, Bru Na Sionna, Shannon.

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 a sunbed session.”

During this Friday's hearing, 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.” The solicitor added that the child “was never asked for her age or ID”.

He said that the firm has no previous convictions and that the child left the premises after the transaction was completed.

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John Casey, solicitor for the firm, said the business has a number of notices placed across its premises saying ‘No ID, no sunbed’ and similar notices.

Mr Kelleher said a further inspection of the premises was conducted in April of this year as there was a report of underage sale continuing.

However, Mr Casey said that on that date the company was found to be in compliance with the regulations.

During the proceedings, Mr Kelleher told the court the test purchasers deployed by the HSE don’t actually take the sun-bed sessions.

Noting this, Judge Gabbett commented: “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%.

Judge Gabbett said: “Children should not be in these premises - that is very straightforward.” 

He added 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."

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Asked about 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. 

He added: “Two of the prosecutions were for sales to minors and both were upheld by the court.”

The court was told that 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.