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Agenda Item No

 

The Vale of Glamorgan Council

 

Licensing Committee: 4th October 2011

 

Report of the Director of Legal, Public Protection and Housing Services

 

New Byelaws - Acupuncture, tattooing semi-permanent skin-colouring, cosmetic piercing and electrolysis

 

Purpose of the Report

1.             To advise the Committee 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 and seek the Committee's endorsement for their adoption by the Council. 

Recommendations

1.             That 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.             That the Committee endorses new consolidated byelaws for the control of acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis at Appendix A and recommends to Council that they are formally adopted.

3.             That Council be recommended to revoke all current byelaws relating to acupuncture, tattooing, ear piercing and electrolysis.

4.             That 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.             That the Council authorises the Director of Legal, Public Protection and Housing Services to seal and date the byelaws on behalf of the Council.

6.             That this report be referred to Cabinet for information.

Reasons for the Recommendations

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 ensure Cabinet are aware of the proposed new byelaw.

Background

2.             Local authorities are 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 are provided under Sections 14 and 15 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended by Local Government Act 2003).  Since Sections 14 and 15 are adoptive powers it is important that the Council is able to demonstrate by way of evidence that it has resolved Part VIII of the Local Government (Miscellaneous Provisions) Act 1982 (as amended by Local Government Act 2003). 

3.             Existing byelaws which apply 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 have powers to regulate. 

4.             While documentary evidence of existing byelaws is available, it has not been possible to obtain evidence that the Council adopted Part VIII of the Local Government (Miscellaneous Provisions) Act 1982.  In order to ensure that the proposed new byelaws are properly adopted it is recommended that Council resolves to adopt Part VIII of the Act.   

Relevant Issues and Options

5.             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) has become more common with many legitimate businesses offering these services locally. Unfortunately there has also been a corresponding increase in individuals / businesses providing these services in less than satisfactory conditions which have the potential to put public health at risk.

6.             In recognition of the medical risks attached to these procedures, particularly as a result of inappropriate sterilisation of needles, the Welsh Government has developed new model byelaws to reflect current infection control advice and industry practice.

7.             The procedure for making byelaws is 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. 

Resource Implications (Financial and Employment and Climate Change, if appropriate)

8.             The costs associated with adopting and implementing new byelaws will be met within existing Public Protection revenue budgets.  

9.             Licensing fees are set by the Licensing Committee.  They are generally set on a cost recovery basis and income generated directly supports service provision.

Legal Implications (to Include Human Rights Implications)

10.        Legal implications are outlined in the report.

Crime and Disorder Implications

11.        Under Section 17 of the Crime and Disorder Act 1998 the Council has a statutory duty to consider crime and disorder implications whilst regulating licensable activities.  There are no crime and disorder implications arising directly from this report.

Equal Opportunities Implications (to include Welsh Language issues)

12.        The Council is obliged to consider all licensing applications on an equitable basis.

Corporate/Service Objectives

13.        To protect the health and safety of the community by ensuring businesses meet legislative requirements, controlling infectious diseases, encouraging responsible dog ownership, controlling pests and regulating animal health and welfare.

Policy Framework and Budget

14.        The proposals in this report are in accordance with the Policy Framework and Budget.

Consultation (including Ward Member Consultation)

15.        A consultation exercise on the new model byelaws was undertaken by the Welsh Government between February and May 2008.

16.        Earlier this year during a well attended health and safety workshop, relevant local businesses were advised of the new model byelaws being developed by the Welsh Government and the possibility of them being adopted by this Council.

Relevant Scrutiny Committee

17.        Housing and Public Protection.

Background Papers

None.

Contact Officer

Kate Thompson, Principal Regulatory Services Officer.  01446 709105

Officers Consulted

None.

Responsible Officer:

Peter H. Evans, Director of Legal, Public Protection and Housing Services.