Agenda Item No. 5
THE VALE OF GLAMORGAN COUNCIL
COUNCIL: 7TH DECEMBER, 2011
REFERENCE FROM LICENSING COMMITTEE: 4TH OCTOBER, 2011
“472 NEW BYELAWS - ACUPUNCTURE, TATTOOING, SEMI-PERMANENT SKIN-COLOURING, COSMETIC PIERCING AND ELECTROLYSIS (DLPPHS) -
Committee were advised of new model byelaws published by the Welsh Government to control the medical risks associated with acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis.
Local Authorities were responsible for the regulation and control of businesses carrying out the procedures of acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis.
The main powers were provided under Sections 14 and 15 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended by the Local Government Act 2003).
Existing byelaws which applied to tattooing, acupuncture, ear piercing and electrolysis received the Common Seal of the Council in January 1985. The Local Government Act 2003 amended the 1982 Act to include cosmetic piercing and semi-permanent skin colouring in the list of those activities which Local Authorities had powers to regulate.
In recent years, the practice of skin piercing (piercing of the body including the ear) and semi-permanent skin colouring (including for example micro-pigmentation, semi-permanent make up and temporary tattooing) had become more common with many legitimate businesses offering these services locally. Unfortunately there had also been a corresponding increase in individuals / businesses providing these services in less than satisfactory conditions which had the potential to put public health at risk.
In recognition of the medical risks attached to these procedures, particularly as a result of inappropriate sterilisation of needles, the Welsh Government had developed new model byelaws to reflect current infection control advice and industry practice.
The procedure for making byelaws was provided in Section 236 of the Local Government Act 1972. In respect of these byelaws, a notice of the Authority’s intention must be given in one or more newspapers in the area to which the byelaws apply and a copy of the byelaws must be held on deposit at Council offices for at least a month for inspection by the public. The new byelaws must be provided with the Common Seal of the Council and confirmed by the Welsh Government.
(1) T H A T the Council be recommended to adopt the provisions of Part VIII of the Local Government (Miscellaneous Provisions) Act 1982 across the Vale of Glamorgan and that the provisions come into force on 1st February 2012.
(2) T H A T the new consolidated byelaws for the control of acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis as contained at Appendix A to the report be endorsed and Council be recommended that they be formally adopted.
(3) T H A T Council be recommended to revoke all current byelaws relating to acupuncture, tattooing, ear piercing and electrolysis.
(4) T H A T the Director of Legal, Public Protection and Housing Services be authorised to carry out the necessary procedure and apply to the appropriate Minister at the Welsh Government for approval and confirmation of the new byelaws.
(5) T H A T the Council be requested to authorise the Director of Legal, Public Protection and Housing Services to seal and date the byelaws on behalf of the Council.
Reasons for decisions
(1) To ensure the Council is able to evidence that it has adopted Part VIII of the Local Government (Miscellaneous Provisions) Act 1982.
(2) To ensure the medical risks associated with acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis are effectively controlled and local byelaws reflect current infection control advice and industry best practice.
(3) To remove an existing byelaw which does not reflect current infection control advice and industry best practice.
(4) To ensure the proposed new byelaws are adopted in accordance with legislative requirements.
(5) To enact the byelaws.
Attached as Appendix - Report to Licensing Committee: 4th October, 2011