APPENDIX 6 (a)
Draft Policy
Who has to be registered?
All businesses that carry out cosmetic piercing and permanent tattooing must be
registered under the Local Government (Miscellaneous Provisions) Act, and since
2004, local authorities also regulate salons and other businesses that carry out body
piercing, and semi-permanent skin-colouring techniques such as micro pigmentation,
semi-permanent make-up or temporary tattoo services. Local authorities have the
powers to inspect any premises that carry out piercing or tattooing, and make sure
that they are observing local byelaws that relate to the hygiene of their premises,
staff and equipment.
The current registration process relates to operators of the premises and individuals
working as tattooist within the respective premises,
Legislation
The main areas of law that relate to body piercing and tattoos cover the health, safety
and licensing of any premises that carries out 'cosmetic' skin piercing and permanent
tattooing. These laws are:

The Health and Safety at Work etc Act (HSWA,1974)

The Local Government (Miscellaneous Provisions) Act 1982 ( recently
amended by the Local Government Act 2003)

Laws relating to Age and consent

The Tattooing of Minors Act 1969

Assault implications

The Prohibition of Female Circumcision Act (1985)

Anaesthetics - The Medicines Act (1968

Legal exemptions affecting some special treatments.
Taken from the Local Government (Miscellaneous Provisions) Act 1982 as
amended by the Local Government Act 2003
15. Tattooing, ear-piercing and electrolysis
(1)A person shall not in any area in which this section is in force carry on the
business—
(a)of tattooing;
(aa) of semi-permanent skin-colouring;
(b)of cosmetic piercing; or
(c)of electrolysis,
unless he is registered by the local authority for the area under this section.
(2)A person shall only carry on a business mentioned in subsection (1) above in any
area in which this section is in force in premises registered under this section for the
carrying on of that business; but a person who carries on the business of tattooing,
ear-piercing or electrolysis and is registered under this section as carrying on that
business does not contravene this subsection merely because he sometimes visits
people at their request to tattoo them or, as the case may be, to pierce their ears or
give them electrolysis.
(3)Subject to section 16(8)(b) below, on application for registration under this section
a local authority shall register the applicant and the premises where he desires to
carry on his business and shall issue to the applicant a certificate of registration.
(4)An application for registration under this section shall be accompanied by such
particulars as the local authority may reasonably require.
(5)The particulars that the local authority may require include, without prejudice to the
generality of subsection (4) above,—
(a)particulars as to the premises where the applicant desires to carry on his
business; and
(b)particulars of any conviction of the applicant under section 16 below,
but do not include information about individual people whom the applicant has
tattooed or given electrolysis or whose ears he has pierced.
(6)A local authority may charge such reasonable fees as they may determine for
registration under this section.
(7)A local authority may make byelaws for the purposes of securing—
(a)the cleanliness of premises registered under this section and fittings in such
premises;
(b)the cleanliness of persons so registered and persons assisting persons so
registered in the business in respect of which they are registered;
(c)the cleansing and, so far as is appropriate, the sterilisation of instruments,
materials and equipment used in connection with a business in respect of which a
person is registered under this section.
(8)Nothing in this section shall extend to the carrying on of a business such as is
mentioned in subsection (1) above by or under the supervision of a person who is
registered as a medical practitioner or to premises on which any such business is
carried on by or under the supervision of such a person.
16 Provisions supplementary to ss. 14 and 15
(1)Any person who contravenes—
(a)section 14(1) or (2) above; or
(b)section 15(1) or (2) above,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding
level 3 on the standard scale
(2)Any person who contravenes a byelaw made—
(a) under section 14(7) above; or
(b) under section 15(7) above,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding
level 3 on the standard scale.
(3)If a person registered under section 14 above is found guilty of an offence under
subsection (2)(a) above, the court, instead of or in addition to imposing a fine under
subsection (2) above, may order the suspension or cancellation of his registration.
(4)If a person registered under section 15 above is found guilty of an offence under
subsection (2)(b) above, the court, instead of or in addition to imposing a fine under
subsection (2) above, may order the suspension or cancellation of his registration.
(5)A court which orders the suspension or cancellation of a registration by virtue of
subsection (3) or (4) above may also order the suspension or cancellation of any
registration under section 14 or, as the case may be, 15 above of the premises in
which the offence was committed, if they are occupied by the person found guilty of
the offence.
(6)Subject to subsection (7) below, a court ordering the suspension or cancellation of
registration by virtue of subsection (3) or (4) above may suspend the operation of the
order until the expiration of the period prescribed by Crown Court Rules for giving
notice of appeal to the Crown Court.
(7)If notice of appeal is given within the period so prescribed, an order under
subsection (3) or (4) above shall be suspended until the appeal is finally determined
or abandoned.
(8)Where the registration of any person under section 14 or 15 above is cancelled by
order of the court under this section—
(a)he shall within 7 days deliver up to the local authority the cancelled certificate of
registration, and, if he fails to do so, he shall be guilty of an offence and liable on
summary conviction to a fine not exceeding £50 and thereafter to a daily fine not
exceeding £5; and
(b)he shall not again be registered by the local authority under section 14 or, as the
case may be, 15 above except with the consent of the magistrates’ court which
convicted him.
(9)A person registered under this Part of this Act shall keep a copy—
(a)of any certificate of registration issued to him under this Part of this Act; and
(b)of any byelaws under this Part of this Act relating to the practice or business in
respect of which he is so registered,
prominently displayed at the place where he carries on that practice or business.
(10)A person who contravenes subsection (9) above shall be guilty of an offence and
liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(11)It shall be a defence for a person charged with an offence under subsection (1),
(2), (8) or (10) above to prove that he took all reasonable precautions and exercised
all due diligence to avoid commission of the offence.
(12)Nothing in this Part of this Act applies to anything done to an animal.
The law states at Section 15 (4) an application for registration under this section shall
be accompanied by such particulars as the local authority may reasonably require. It
is the generality of this section that would allow a Local Authority to determine what
information or criteria would be necessary before registration.
The Policy’s scope is to deal with the following Criteria.
* Competency of the Operator
* Equipment
* Age Policy and Consent Forms
* Locality
* Background checks
* Standard of Premises.
1.
Age and Competency of the Operator
1.1
Applicants for premises and personal registrations must be over the age of
21.
1.2
It will be necessary for new applicants to show they have a minimum of 250
hours supervised experience, evidence relating to this should be provided in
writing and signed off by registered tattooists. The signature should include a
copy of his local authority registration the statement confirming that he/she
conducted the supervision of the applicant.
1.3
The applicant should be able to demonstrate a good understanding of Health
and Safety and Hygiene standards required in such business, in order to
establish the applicants knowledge an informal interview will be conducted
with a health and safety officer who will assess the level of knowledge and
feed back to the licensing service whether they feel confident with the abilities
of the applicant.
1.4
First Aid experience will be a prerequisite and a certificate which is less than
3 years old should be produced with the application form, the recommended
level should be the “Emergency First Aid at Work or equivalent. This should
be provided by a HSE approved provider
2.
Equipment
2.1
Sterilisation equipment such as an autoclave should be accompanied by test
reports and a schedule of examination to demonstrate that it is fit for its
intended purpose. It is a pre requisite where autoclaves are used that
ultrasonic cleaning equipment will be in place at the premises.
2.2
All items of portable electrical equipment should either be less than 12
months old or PAT (Portable Appliance Testing) records should be available
to accompany each respective piece of equipment.
2.3
The premises will have a periodical inspection report relating to the safety of
the buildings electrical installation, the report should no more than 5 years
old.
2.4
The treatment area should be equipped with purpose built commercial style
seating or couches which are capable of withstanding cleaning agents and
products, no office style furniture will be considered as acceptable for
treatment.
3
Age Policy and Consent Forms and Miscellaneous Documents
3.1
The issues of tattooing minors is not only a criminal offence but has a life
lasting impact , it is therefore expected that the registered person will adopt a
minimum of a challenge 21 policy, posters advising customers of this will be
prudently displayed in the reception area of the premises. Posters are
available on request.
3.2
Consent forms are requirement and copies of such documents should be
retained for a minimum of 12 months, the form should include reference to
what ID was checked if the customer’s looks under 21 and the Id details such
as the driver licence number or Passport number should be obtained.
Blackpool Council also administers a Proof of Age Card which will be an
acceptable form of identification.
The only forms of ID that should be accepted are
o
Photo card style driving licence
o
Valid and in date Passport
o
PASS Accredited Proof of Age Card
3.3
A valid insurance policy covering the registered person for public liability
should be in place at all time the business is in operation. Evidence of this
should be produced with the application.
3.4
An adequate and sufficient risk assessment on reducing the risk of blood
borne viruses should be completed before the commencement of the
business operation, assistance and guidance can be given during the
interview with the Health and Safety representative.
3.5
A waste removal plan should be produced which does not necessarily need to
be a full contract but adequate arrangements should have been made with
regards to where and when waste is to be stored and collected. It will be
necessary for the registered person to demonstrate these points during the
interview.
4
Standard of the Premises
4.1
Premises for carrying on the business can be of all shapes and sizes, the
Licensing Authority will have regard to the locality of the business and
guidance on locality is given in part 5.
4.2
Treatment rooms will be required to be a minimum size of 3m x 3m.
4.3
The flooring of the treatment room should be both tiled and grouted with
impervious grout, lino flooring or other such similar commercial robust flooring
capable of coping with floor cleaning chemicals. No bare floor boards, carpet
or any such material that is not capable of being properly cleaned will be
accepted.
4.4
Work surfaces in the treatment room should be Formica, granite or stainless
steel type material
4.5
Walls should be clad or capable of being wiped down or covered with an
impervious material; plastic tongue and groove cladding is a recommended
material but should be properly fitted and sealed where it meets floors or
ceilings.
4.6
A hand washing basin should be installed in the treatment room, this should
be independent of any other sinks that may be required for washing
equipment.
5
Locality
5.1
The Licensing Authority will not consider premises that are directly accessible
from the Promenade.
5.2.
No premises shall be considered for registration if it is located within a half
mile of a secondary school.
5.3
Premises shall not be located within 500m of another tattooing business
5.4.
Premises shall not be located in any area where there is likelihood that a
significant amount of children are likely to resort; obvious example includes
parks, or cinema complexes.
6
Background checks
All applicants whether they are the proprietor of the business or applying for a
registration to be a tattooist within a registered premises will require to submit
a standard CRB clearance which is less than 3 months old. Further advice
and assistance on this procedure can be given by the Licensing Authority.