A games arcade has been successfully prosecuted by the Western Health Board at Galway District Court for allowing a 14-year-old girl to purchase 20 cigarettes from a vending machine. This is the first prosecution to be taken in this State whereby a business has been convicted of selling cigarettes to minors from a vending machine.
Newgrass Ltd, owners of the Leisure Dome at Galway Shopping Centre on the Headford Road, pleaded guilty to the offence which was committed on November 11th last. Mr Paul Hickey, an officer with the health board, told the court the 14-year-old girl was asked to attempt test purchases of cigarettes in the city. He said she had no trouble getting 20 Silk Cut from a vending machine at the arcade even though members of staff were standing nearby. He said the health board was concerned about the numbers of young people who smoked.
A survey carried out in 1995 showed that 40 per cent of 10- to 13-year-olds now smoked.
He said the health board had prosecuted shopkeepers for selling cigarettes to under-age children and it was now turning its attention to businesses with vending machines.
He said it was difficult for business people to control the use of such machines but nevertheless the onus was on them to ensure children did not get cigarettes from them.
Mr Emmet Fitzgerald, defending, said that once the staff were made aware of the problem the vending machine was switched off and no cigarettes are now sold at the arcade.
He said arcade staff had tried to ensure children did not have access to the vending machine and that a diary kept by staff members recorded instances where they had stopped them buying cigarettes from it.
Mr Fitzgerald added that the staff now knew they could not properly control children's access to the vending machine and it had been removed from the company's premises.
Judge John Garavan said he sympathised with the company and said a survey needed to be carried out to ascertain the large numbers of young people, especially young girls, who smoked on their way to and from school.
After being told the maximum fine was £500, Judge Garavan imposed a fine of £70 on the company plus £30 witnesses' expenses.
He also ordered it to pay £200 as a contribution towards the health board's costs.