Sold sunbed session to child

In one of a handful of successful prosecutions of its type in the State in over a decade, a beauty salon in Cavan Town has been hit with a fine and costs totalling €6,000 after it was convicted of selling a sunbed session to a person under 18 years.

The prosecution and conviction came in the same week that a major report on sunbed use was published and the government confirmed it is considering an outright ban on the sale of sunbed sessions to the public.

Bella Boo Beauty Limited with an address on Bridge Street in Cavan Town was summonsed for selling the use of a sunbed session to a person under the age of 18 years, contrary to the Public Health (Sunbeds) Act. A named employee was also summonsed in respect of the sale on August 22, 2024.

Environmental health officer, Sinead Deery, gave evidence of witnessing a test purchaser (16) on the day completing a transaction for a four-minute session without being asked for any ID or proof of age. It cost her €4; she tendered a €10 note and was given change, after which the girl said she needed to give something to her mother outside and left the salon.

The voluntary test purchaser was aged 16 years, evidence of which was handed into the judge and accepted.

After some argument between defence solicitor Martin Cosgrove and the prosecution as to the need to present the 16-year-old witness, the judge agreed she would not be required and her statement would suffice.

Mr Cosgrove subsequently raised several issues with the statement – around who took it and witnessed it and when; and also whether it was written by the purchaser herself or taken down verbatim. He also queried who was responsible for the typed copy of the handwritten version.

Senior environmental health officer Paul Gibbons also gave evidence and addressed some of the questions around the statement.

Mr Cosgrove submitted to the judge that, under the act, the test purchase must be conducted under certain guidelines and he pointed out that no evidence of any such guidelines were outlined or presented in the case to ensure they were complied with.

The judge was told by the prosecution, advised by Dermot Scanlon Solicitors, that the guidelines are merely designed to ensure protections are in place for minor test purchasers and are not a requirement to prove the prosecution’s case.

Judge Finnegan sided with the prosecution and moved to convict.

The court heard that Bella Boo was a small two-woman premises and had no previous convictions.

Mr Cosgrove alluded to imminent changes to legislation, which would prohibit sales of sunbed sessions.

“I don’t think the banning of sunbeds is a bad thing,” said the judge.

He imposed a €1,000 on the company and made an order for costs of €5,000 in the case. The charge against the named employee was taken into consideration.

Recognisances were fixed in the event of appeal.