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Agenda Item No

 

The Vale of Glamorgan Council

 

Licensing Committee: 7th February 2012

 

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

 

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

 

Purpose of the Report

1.             To advise the Committee of amendments to the 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 Committee endorses the amended 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.

2.             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 amended new byelaws.

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

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

Reasons for the Recommendations

1.             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.

2&3  To ensure the proposed amended new byelaws are adopted in accordance with legislative requirements.

4.      To ensure Cabinet are aware of the proposed amended new byelaws.

Background

2.             On 4th October 2011 Licensing Committee considered the proposal to introduce new byelaws for the control of acupuncture, tattooing semi-permanent skin-colouring, cosmetic piercing and electrolysis.

3.             It was resolved :-

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.

 

T H A T 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.

 

T H A T Council be recommended to revoke all current byelaws relating to acupuncture, tattooing, ear piercing and electrolysis.

 

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.

 

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.

 

T H A T the report be referred to Cabinet for information.

 

4.             On 7th December 2011 Council endorsed the recommendations of the Licensing Committee.

Relevant Issues and Options

5.             On 19th December 2011 Welsh Government advised officers that a revised version of the model byelaws for acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis had been issued. 

6.             In light of 5 above and to ensure byelaws introduced by this Council reflect best practice, work to progress the recommendations made by Council on 7th December was held in abeyance in order for officers to consider the implications of the correspondence received from Welsh Government on 19th December 2011. 

7.             Officers are satisfied that the new model byelaws provide additional public protection and should replace those endorsed by Council on 7th December 2011. 

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

8.             The costs associated with implementing amended 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.        To be carried out if the amended new byelaws are adopted.

Relevant Scrutiny Committee

16.        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.

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