HOT AIR: Limerick shop-owners fined for selling vapes to fifteen year old in HSE sting

THE OWNERS of two vape shops in Limerick city have been prosecuted by the HSE after they were caught selling pineapple-flavoured vapes to a fifteen-year-old in a sting operation.

Limerick District Court heard that both shop owners had received warning letters prior to the HSE sending an undercover girl to each of the premises to carry out test purchases. 

In each case, Judge John King was told the juvenile was not asked for ID or to confirm their age when they asked to purchase the vapes.

Having heard details of the offences, Judge King indicated he would apply the Probation Act if each of the defendants made a €1,000 donation to Cuan Mhuire addiction services in Bruree.

Muhammed Arshad - the owner of Tech Terminal at 6 Parnell Street - was also directed to pay the HSE's costs, which totalled €1,722. In his case, the court heard the offence happened on April 24 last.

While Mr Arshad was discussing the penalty with his solicitor, Judge King commented: “If he wants to haggle, I will finalise the matter today” - implying a threat of a fine or a prison sentence. 

Solicitor Barry Kelleher, representing the HSE, sought a more severe penalty and he asked the court to consider recording a conviction in the case. The judge refused the application.

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The court heard that Mr Arshad - a father-of-six - earns between €2,000 and €3,000 per month and his solicitor, Darach McCarthy, said he was cooperative and did everything he could “to make the prosecution easy”.

He submitted the offence could be characterised as “careless liability” adding that Tech Terminal is a “family business” and that the business model is one which is commonplace in Pakistan, where Mr Arshad is originally from.

In a separate prosecution, Farooq Saeed - the owner of Home Selections at 52 William Street was given a similar penalty for selling an €8 vape to the same fifteen-year-old on October 31, 2024

Mr Saeed, who is also originally from Pakistan, works full time at the premises while every other employee works on a part-time basis. 

Solicitor Tom Kiely said his client has been in business for five years and that he was “fully co-operative” with the investigation. Mr Saeed was ordered to pay €2,000 towards the legal costs of the HSE.

Judge King was told both defendants have now introduced new policies and trained their staff to ensure there is no repeat of the incidents.

Both cases were adjourned to allow the defendants to pay over the monies.

The maximum sentence for selling vapes to children under 16 is six months imprisonment and/or a €4,000 fine.