Agenda Item No. 4
The Vale of Glamorgan Council
Licensing Committee: 3rd September 2013
Report of the Director of Development Services
New Byelaws - Regulation of Acupuncture, Tattooing, Semi-permanent Skin Colouring, Cosmetic Piercing and Electrolysis
Purpose of the Report
1. To initiate the procedure to adopt Part VIII of the Local Government (Miscellaneous Provisions) Act 1982 (as amended) and to make new byelaws in connection with the regulation of acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis under the Act.
1. That the Committee recommends to Council that it make a resolution to adopt the provisions of Part VIII of the Local Government (Miscellaneous Provisions) Act 1982 in respect of the Vale of Glamorgan county borough area and that the provisions come into force on 26th October 2013
2. That the Committee endorses the new consolidated model byelaws for the control of acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis as set out in Appendix A
3. That Committee recommends to Council that it makes byelaws relating to acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis, in the form of the new consolidated model byelaws as set out in Appendix A and submit the byelaws to the Welsh Ministers for confirmation.
4. That Committee recommends Council revoke all current byelaws relating to acupuncture, tattooing, ear piercing and electrolysis with effect from the date the new byelaws come into effect as determined by Welsh Ministers.
5. That Committee recommends Council authorise the Head of Legal Services in consultation with the Director of Development Services to carry out all the necessary procedures in connection with the adoption of Part VIII of the Local Government (Miscellaneous Provisions) Act 1982 and the making, confirmation and implementation of the new byelaws.
6. That the Council authorises the Head of Legal Services to seal and date the byelaws on behalf of the Council.
7. 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 enable Council to make the new byelaws.
4. To revoke the existing byelaws which do not reflect current infection control advice and industry best practice.
5. To ensure that Part VIII of the 1982 Act and the proposed new byelaws are adopted and implemented in accordance with legislative requirements and the Council's constitution.
6. To ensure the proposed new byelaws are adopted in accordance with legislative requirements and the Council's constitution.
7. To ensure Cabinet are aware of the proposed new byelaws.
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 to do this are provided under Sections 14 and 15 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended by Local Government Act 2003).
3. The Council has existing byelaws which regulate tattooing, acupuncture, ear piercing and electrolysis. These date back to January 1985. These byelaws do not cover the broader spectrum of cosmetic piercing and semi-permanent skin-colouring. Therefore, the Local Government Act 2003 amended the 1982 Act to include cosmetic piercing and semi-permanent skin colouring in the list of activities which local authorities have the power to regulate.
4. In recognition of the medical risks attached to all of these procedures, particularly as a result of inappropriate sterilisation of needles, the Welsh Government has produced a new draft set of model byelaws which consolidate the previous byelaws and the new requirements under the amendments to the 1982 Act and to reflect current infection control advice and industry practice
Relevant Issues and Options
5. Public Protection Services now require that the Council adopt the new model byelaws as the Council's byelaws in the regulation of these matters. The existing byelaws will need to be revoked.
6. As part of the process draft byelaws, based on the model but specific to the Vale of Glamorgan have been prepared and submitted for initial consultation with Welsh Government. Provisional approval was received for the English version of the new byelaws on 1st August 2013. Due to capacity issues at the Welsh Government, Public Protection Services have been informed the Welsh version will be considered once the Council has made the appropriate resolution to Part VIII of the 1982 Act and make the byelaws.
7. Prior to making and implementing the new byelaws, the Council must first resolve as stated above to adopt Part VIII of the 1982 Act. There is a statutory procedure for adopting the relevant sections and once the Council has resolved to adopt the said provisions, and pursuant to Section 13 of the 1982:
a. the Council should publish a notice in two consecutive weeks in a local newspaper circulating in their area;
b. the notice must state the date upon which the provisions are to come into force in the area;
c. one month must pass between the day upon which the resolution was passed and the first date of coming into force; and
d. the first publication must not be later than 28 days before the day specified in the resolution for the coming into force of the provisions in the local authority’s area.
8. Once Part VIII of the 1982 Act has been adopted, Council may make byelaws under section 14 and 15 of that Act pursuant to the procedure for making byelaws under section 236 of the Local Government Act 1972. The procedure is as follows:
a. the new byelaws must be made by the Council under its common seal and signed.
b. a notice of the Council's intention to apply to the Welsh Ministers for confirmation of the byelaws must be given in one or more newspapers circulating in the area
c. for at least one month after the date of publication of the notice a copy of the byelaws must be held on deposit at Council offices for inspection by the public.
d. an application to the Welsh Ministers for confirmation should not be made until the month of deposit has expired.
9. The byelaws will not have effect until confirmed by the Welsh Ministers. The Welsh Ministers will also determine a date upon which the byelaws are to come into force.
10. Under the Council's constitution the matter of adopting Part VIII of the 1982 Act and making and revoking byelaws are matters for full Council. It is therefore necessary make the appropriate references to Council.
Resource Implications (Financial and Employment)
11. The costs associated with adopting and implementing new byelaws will be met within existing Public Protection revenue budgets.
12. Licensing fees are set by the Licensing Committee. They are generally set on a cost recovery basis and income generated directly supports service provision.
Sustainability and Climate Change Implications
Legal Implications (to Include Human Rights Implications)
14. Legal implications are outlined in the report.
Crime and Disorder Implications
15. 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.
16. A person who contravenes section 14 or section 15 of the 1982 Act will be guilty of an offence, and liable, on conviction, to a fine not exceeding £1000, or suspension or cancellation of registration or both.
Equal Opportunities Implications (to include Welsh Language issues)
17. The Council is obliged to consider all licensing applications on an equitable basis.
18. 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
19. The proposals in this report are in accordance with the Policy Framework and Budget.
20. Under the Council's Constitution the matter of adopting Part VIII of the 1982 Act and making and revoking byelaws are matters for Full Council.
Consultation (including Ward Member Consultation)
21. The adoption of Part VIII of the 1982 Act does not include a consultation exercise only notification that the Council have resolved to adopt the legislation. However, the process of adopting the new byelaws will then be undertaken and will give opportunity for objections from the public through advertising in the local press and on the Vale of Glamorgan website.
Relevant Scrutiny Committee
Housing and Public Protection.
Alun Billinghurst, Head of Public Protection 01446 709105
Jocelyn Ham and Richard Price - Legal
Marie Wakeham - Environmental Health
Rob Thomas, Director of Development Services