‘Despicable’ to sell tobacco products to minor’ - judge

A Navan-based company owner has been told by a judge that it is “despicable” to sell tobacco products to an underage person.

Judge Eirinn McKiernan was speaking at Navan District Court where a company named Ismart Repair Ltd of Kennedy Road, Navan was prosecuted by the HSE for breaching Section 28 (2) of the Irish Public Health (Tobacco Products and Nicotine Inhaling Products) Act of 2023 by selling an inhaling product to a minor. The company’s owner appeared in court but was named as a Mr Assad during the hearing.

Prosecuting solicitor for the HSE Dermot Scanlon said that the prosecution arose out of numerous complaints by parents that tobacco products were being sold to young people under 18. Defending solicitor Maurice Regan said that was hearsay, not evidence.

Mr Scanlon told the court that on 31st October last year a nicotine inhaling test purchase was made at the premises. He said that an early guilty plea was entered in the case and the company had already paid the €3,126 costs of the case and the HSE inspection costs of €561. There were no previous convictions.

The judge said that this was a very serious matter and was something that was causing havoc throughout the country. The judge said "It is incredibly serious”.

Mr Regan in his defence of the case said that it had been a very busy day in the shop. The person who sold the product to the minor was a repair man in the shop for phones and laptops and he “pitched in”. He was not properly trained like other members of the staff and he neglected to ask for the ID from the person who made the purchase.

The judge said it was a despicable crime to sell tobacco products to young people. She said that nobody knows what is ultimately going to happen to young people’s health as a result. She imposed separately, the HSE prosecuted Mosazai Aimal of the Kells Smoke and Vape Shop for a similar offence. Mr Scanlon said that a test purchase was carried out at the shop in John Street Kells on 20th November last year. The premises sold tobacco products to a a volunteer minor under 18. There were no previous convictions. Costs in the case amounted to €2,774 . There was no licensing system at present but the court was told there were plans to bring in licensing of these premises from February next.

Mr Regan, who also defended this client, said that he had been delayed travelling from Kells to the court. He said that when his client was serving the minor in the shop an environmental health officer was also present and he assumed that that was the minor’s mother and that she had her consent to do it. However, he accepted that it was totally wrong and he shouldn’t have done it. When the defendant had not appeared by the end of the court session Judge McKiernan put the case back for finalisation to 9th of January next.