The owner of a service station in Co Cavan which sold cigarettes to a 13-year-old girl told a health board employee when the offence was brought to his attention that he didn't care about being caught as he would have no problem paying a fine.
The incident was recalled at Ballyconnell District Court yesterday where Mr Thomas Cassidy, owner of Cassidy's Service Station in Ballyconnell, was fined €250 for selling a tobacco product to a person who was under age. He was also ordered to pay €500 costs.
The court heard the cigarettes were sold to the young girl on August 21st last year when, acting as a volunteer for North Eastern Health Board environmental health officers, she went into the service station and made the purchase. When the sale was completed environmental health officer Mr Brian Coady went into the shop and spoke to Mr Cassidy to point out to him that it was an offence to sell tobacco products to persons under the age of 18.
Mr George Maloney, solicitor for the health board, told the court that Mr Cassidy then turned to Mr Coady and said: "I have no intention of ever complying with the health board. Business is business and that's how I run mine."
He added: "I don't care if I'm caught. I will have no problem paying the f . . . ing fines anyway."
The solicitor for Mr Cassidy pointed out that the sale was made by his client's 15 year-old daughter who was unaware it was against the law to sell cigarettes to a minor.
Judge David Maughan said if she was not aware of the law she should not have been working there. But he also asked if there was some element of entrapment involved, given that the health board had sent a 13-year-old into the shop. The health board said no entrapment was involved.