'It is a pity sunbed ban is not extended to adults too', judge says

Gordon Deegan

A judge has stated that it is a pity that there is not a ban on sunbed operators facilitating sunbed sessions for adults.

At Ennis District Court, Judge Alec Gabbett made his comment after a Shannon-based sunbed business, Solcraft Ltd, entered a guilty plea to selling the use of a sunbed at a sunbed premises, Cosmopoli Tan in Shannon to a person under the age of 18.

The Health Service Executive (HSE) is bringing the rare prosecution under Section 4 of the Public Health (Sunbeds) Act 2014 where only two such HSE prosecutions for the sale of sunbed sessions to minors were recorded in 2024.

Solcraft Ltd of Dun Na Rí, Shannon, has pleaded guilty to the offence taking place at Cosmopoli Tan at Unit 7, Block E, Bru Na Sionna, Shannon on November 26th, 2024.

Acting as agent in the case on behalf of solicitor, John Casey, solicitor, Stiofan Fitzpatrick told the court there is a guilty plea in the case by Solcraft Ltd.

Judge Gabbett told the court that sunbed operators cannot facilitate providing a sunbed session to children.

He said: “That is a very good thing. It is a pity that this doesn't apply to adults as well."

Solicitor for the HSE, Michelle Cronin, said: "I wouldn’t disagree with you, judge.”

Judge Gabbett said, “To be frank now, there were prosecutions by the HSE for smoking (in the workplace), but this is the same thing. It is probably more dangerous.”

Ms Cronin said, “It is a concern to us that there is an increase in the amount of sunbeds available.”

The HSE was prosecuting three parties for the same offence in the case, and Ms Cronin of Comyn Kelleher Tobin Solicitors said that the HSE was withdrawing the prosecutions against Przemyslaw Szczupak of Cosmopoli Tan and Munique Comargo of Cregaun, Ennis.

Asked on the level of enforcement activity under the Public Health (Sunbeds) Act, a spokesman for the HSE said on Friday: “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 said: “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.

Judge Gabbett adjourned the case for sentence to June 20th at Ennis District Court.