As members are aware, convictions in the Courts are matters of Public Record. Convictions secured by the HSE for offences against the various Public Health Tobacco and Nicotine Inhaling Products Acts are published by the Executive and will remain available to the public for 12 months after the date of conviction.
The HSE has recently listed 12 convictions secured under Section 28 of the 2023 Act, where sales of either tobacco or nicotine inhaling products (vapes) were sold to minors acting on behalf of the Environmental Health Service and accompanied by an EHO.
Of the 12 convictions recorded, 7 were from the convenience, grocery and forecourt sector while the remaining 5 were standalone vape shops.
None of the convictions recorded were in Leinster or in any of the 3 Ulster Counties in the Republic.
Two each were in Galway, Cork and Limerick and the other 6 were spread between Sligo, Roscommon, Leitrim, Kerry, Tipperary and Clare.
There are three components to the sanctions available to those currently registered as tobacco retailers; the first are fines imposed by the judge having heard the case; these are set out within the 2023 legislation and can be up to €4,000 for a first offence (this is noted as a Class B fine).
Secondly, in the event of a conviction, the prosecution (ordinarily a solicitor acting on instructions from the EHS) will seek to have their costs secured by way of an order from the judge. While the law provides for “special and substantial reasons for not doing so”, the Court will measure the costs and expenses incurred by the Executive in relation to the investigation, detection and prosecution of the offence.
The third element can (at the moment, and prior to the introduction of a licencing system) be a removal from the register for a period determined by the Court, and a prohibition on selling tobacco products during that period of suspension. As vape shops and those selling vape products (but not tobacco products) have never needed to register with the HSE/Office of Tobacco Control, this penalty cannot be applied to them.
In the list of 12 retailers of the 7 from within the retail sector, two had removal from the Register for a 2 Day period and another was removed for a 7-day period. Interestingly, all three were forecourt retailers.
Fines- The Vape shops had larger fines applied
€500, €750, €1,000 (twice) and €2,000; an average of €1,050 per outlet.
The fines for the 7 retailers were
€100, €250, €300 (twice), €500 (twice) and €1,000, an average of €421.
