Cigarette sales suspended for a week after ‘innocent’ ID error

A CROSSBARRY supermarket has been suspended from selling tobacco products for seven days after it pleaded guilty to selling cigarettes to a minor as part of a HSE test purchase.

Bandon District Court was told that the test purchase was carried out by HSE officials at the Centra Store in Crossbarry on April 5th last.

HSE environmental health officer Fionnula O’Sullivan told Judge James McNulty that she entered the store on that day with a minor, who was aged 15.

‘The girl approached the shop counter and asked a shop assistant for a packet of cigarettes. He asked for her ID. She said she had none but he gave her the cigarettes anyway,’ she said.

‘I told them then that a test purchase had just taken place.’

The court heard that the supermarket has no previous convictions.

Solicitor Nancy O’Driscoll said the shop assistant did ask the girl for ID, even hesitating before he handed the cigarettes over to her.

‘This is an extremely well-run establishment and both the owners and shop manager are here in court, while the shop assistant was very upset after the incident as he did think she was 18 years old,’ said Ms O’Driscoll.

Manager of Centra Crossbarry, Derek O’Shea, said the shop assistant had only started work there in February, with the incident taking place two months later. He said he gives all new employees an induction course on tobacco sales.

‘They must also shadow a more experienced member of staff for four weeks on the shop floor. We also have a sign up on the cigarette cabinet relating to the age of purchases,’ said Mr O’Shea.

Mr O’Shea said the shop assistant was disappointed about what happened and is still an employee of the store. He said this was the first incident of its kind in the store’s 24-year history.

Judge McNulty said the court is sympathetic to small retailers who have enough responsibilities as well as a ‘plethora’ of regulations.

‘The error by the employee was an innocent one and no harm was intended,’ said Judge McNulty.

He convicted and fined the store €100 and directed them to also pay costs of €900. He was told that the prosecution were seeking a three-month suspension of cigarette sales but he directed that seven days would be sufficient. Ms O’Driscoll sought a reduction of this, but the judge refused.

‘They wanted three months, so seven days is good and it has to be meaningful too.’

The store was prohibited from selling tobacco products from 1am on October 9th to 1am on October 16th.