Agenda Item No______7______
REGULATION OF COSMETIC PIERCING AND SKIN-COLOURING BUSINESSES
Summary:
This report proposes that the Council adopt
legislation that facilitates regulation of cosmetic
piercing and semi-permanent skin-colouring
businesses. This will provide for greater protection
of the public from risks associates with these
techniques including blood-borne viruses (BBV)
such as HIV, hepatitis B and hepatitis C.
Adoption of the provisions will bring these
businesses into line with existing regulated
cosmetic treatments ( such as electrolysis,
acupuncture and tattooing) requiring persons
carrying on such businesses to register themselves
and their premises and in compliance with byelaws
in respect of matters related to the cleanliness and
hygiene of such businesses.
Conclusions:
By adopting the new provisions, the Council will
enable tighter control of businesses performing
cosmetic piercing and semi-permanent skincolouring. This will ensure that they maintain high
standards of public health and safety, therefore
contributing to a safer and healthy North Norfolk.
Recommendations:
That the Licensing Committee agree to adopt
provisions under the Local Government
(Miscellaneous Provisions) Act 1982 as
amended
to regulate additional treatments
namely cosmetic piercing and semi-permanent
skin–colouring and recommend to Full Council
for approval including:
Cabinet Member
Cllr T Ivory
•
Adoption and authorisation of new byelaws;
•
a resolution authorising the affixing of
the common seal to the bye-laws; and
•
authorising the Head of Legal to carry out
the necessary procedure and apply to the
Secretary of State for confirmation
Ward(s) affected
All
Chairman of Licensing
Committee Cllr R Price
Contact Officer, telephone number and email:
Chris Cawley, 01263 516252, chris.cawley@north-norfolk.gov.uk
1.
Introduction
1.1
Local Authorities were able to adopt the sections of the Local
Government (Miscellaneous Provisions) Act 1982 that
require
businesses performing ear piercing, electrolysis, tattooing and
acupuncture to:
ƒ register themselves and their premises; and
ƒ observe byelaws relating to the cleanliness and hygiene of
premises, practitioners and equipment.
1.2
North Norfolk District Council adopted these provisions in 1984 and
has regulated these specified activities for many years. There are
currently some 60 premises registered by the Council carrying on one
or more of these treatments in the District.
1.3
However, the provisions adopted currently do not extend to body
piercing, micro-pigmentation, semi-permanent make-up and temporary
tattooing. These “cosmetic” techniques are gaining popularity nationally
and locally and it is timely to consider adoption of appropriate
legislative controls. The current extent of businesses involved in these
activities in North Norfolk is not clear.
1.2
Micro-pigmentation, semi-permanent make-up and temporary tattooing
are techniques similar to tattooing, which involve injecting
vegetable/chemical dyes into the skin, for example as eye liner or lip
liner, for areola reconstruction or to apply to tattoo motifs. The
pigmentation lasts for several years and is reputed to be nonpermanent unlike traditional tattooing.
1.3
There are now additional adoptive provisions
Schedule 6 of the Local Government Act 2003
piercing and skin-colouring businesses. The
available on 1 April 2004, and local authorities
whether to implement them locally.
1.4
The provisions extend the powers of local authorities to require
businesses carrying out body piercing, micro-pigmentation and semipermanent make-up to register themselves and their premises and also
require them to conform to certain standards of hygiene.
1.5
The regulation of skin piercing activities is intended to increase health
protection and reduce the risk of blood borne viruses (BBV), infections
such as HIV, hepatitis B and hepatitis C.
2
Conclusion
in section 120 and
to regulate cosmetic
measures became
were able to decide
2.1
Cosmetic piercing and semi-permanent skin-colouring carry a potential
risk of BBV transmission if infection control procedures are not
observed (e.g. the use of sterile equipment for each client). Until 2004
with the change in the law, local authorities did not have powers to
require businesses offering these services to register and observe
byelaws relating to the cleanliness and hygiene of premises. Local
authorities’ powers were limited to regulating ear piercing, tattooing,
electrolysis and acupuncture. These additional techniques are
becoming more popular and the public health risks associated with
poor practices are significant.
2.2
By adopting the new provisions, the Council will provide additional tools
to secure compliance of appropriate standards by businesses
performing cosmetic piercing and semi-permanent skin-colouring. This
will ensure that they maintain high standards of public health and
safety, therefore contributing to a safer and healthy North Norfolk.
3
Legal Implications and Risks
3.2
The 2003 Act amends the 1982 Act to include cosmetic piercing and
semi-permanent skin-colouring businesses in the list of those which
local authorities have adoptive powers to regulate. The term “Cosmetic
Piercing” covers ear piercing and cosmetic body piercing and “Semipermanent skin colouring” covers micro-pigmentation, semi-permanent
make-up and temporary tattooing.
3.3
The District Council will need to resolve to adopt the powers provided
in the Local Government (Miscellaneous Provisions) Act 1982 to cover
these additional categories of treatment including the requirement for
registration and adoption of additional byelaws.
3.4
Persons and premises already registered for tattooing, ear piercing and
electrolysis are unaffected.
3.5
A person and premises already registered for ear piercing shall be
counted as registered for cosmetic piercing until that person
subsequently provides another form of cosmetic piercing, or those
premises are subsequently used to provide another form of cosmetic
piercing (that is, cosmetic piercing of a part or parts of the body other
than the ear). If or when this happens, a new application for registration
will be required.
4.6
Given that the District Council has already adopted separate byelaws
for each of acupuncture, tattooing, ear piercing and electrolysis it would
be appropriate for separate additional byelaws to be adopted for each
of the additional treatments to be regulated. Model Byelaws for
businesses undertaking cosmetic piercing and semi-permanent skincolouring to secure high standards of cleanliness in relation to the
premises, fixtures, fittings, operators and instruments, materials and
equipment have been prepared by the Dept. of Health and are attached
at Appendix 1 and Appendix 2.
4.7
The adoption and introduction of these new byelaws will mean that the
Council is playing its part in ensuring that services the public use are
regulated to the proper standard and will enable a more uniform
regulation of such businesses.
4.8
The specified procedure for adoption of new bylaws includes
publication in local newspapers and submission to the Secretary of
State for confirmation.
5
Financial Implications and Risks
5.1
The cost of implementing these new provisions is estimated to be
minimal and will be offset by several factors.
5.2
Local authorities are able to charge a reasonable registration fee. The
current fee set by North Norfolk District Council for registrations of
treatments is £65 and it would be appropriate for the same fee to be
applied in respect of registrations of the additional treatment
categories.
5.3
Officers in the Commercial Team of the Environmental Health
Department already inspect many of these businesses as the premises
may be registered for other activities or need visits under health and
safety legislation. Additional premises can be integrated into the
current inspection plan on a risk based approach.
5.3
There will be a minimal cost to undertake the formal adoption
procedure including placing of a Notice of the Council’s intention to
apply for confirmation from the Secretary of State, in at least one local
newspaper circulating the area to which the byelaws apply.
5.4
A copy of the Byelaws having been subject to the necessary
procedures, must be deposited at the Council’s offices and be open to
public inspection without charge at all reasonable times during that
month.
5
Sustainability
6.1
None as a direct consequence of this report.
7
Equality and Diversity
7.1
None as a direct consequence of this report.
8
Section 17 Crime and Disorder considerations
8.1
None as a direct consequence of this report