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Agenda Item No. 8

 

The Vale of Glamorgan Council

 

Licensing Committee: 30th September 2014

 

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 apprise members of the new byelaws in connection with the regulation of acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis under the Act.

Recommendation

That the contents of this report are noted.

Reason for the Recommendation

To ensure Council has in place the appropriate byelaws for officers and licence holders to adhere to for the regulation of acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis under the Act.

Background

1.         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). 

2.         Licensing Committee on 3rd September 2013 approved for the byelaws and adoption of relevant legislation be recommended to Council on 25th September 2013.

3.         Council at the meeting of 25th September 2013 endorsed the model byelaws and resolved that Council adopt the provisions of Part VIII of the Local Government (Miscellaneous Provisions) Act 1982 and for the provisions to come into force on 26th October 2013.

Relevant Issues and Options

4.         The draft byelaws in both English and Welsh were made available advertised and then forwarded to Welsh Government to be sealed in accordance with the procedures under Local Government Act 1972 section 236.

5.         On 10th July 2014 the byelaws were sealed by Welsh Government with a commencement date of 10th August 2014. A copy the byelaws are attached at Appendix A.

6.         The sealed byelaws were placed on the Vale of Glamorgan website in both English and Welsh and circulated to all town and community councils on 22nd July 2014.

Resource Implications (Financial and Employment)

7.         The costs associated with adopting and implementing the byelaws are met within existing Public Protection revenue budgets.  

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

Sustainability and Climate Change Implications

9.         None.

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.

12.      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)

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

Corporate/Service Objectives

14.      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

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

16.      Under the Council's constitution the matter of adopting Part VIII of the 1982 Act and making and revoking byelaws are matters for Council.

Consultation (including Ward Member Consultation)

17.      None.

Relevant Scrutiny Committee

18.      Housing and Public Protection.

Background Papers

None.

 

Contact Officer

Alun Billinghurst, Head of Public Protection 01446 709105

 

Officers Consulted

Jocelyn Ham and Richard Price - Legal Services

 

Responsible Officer:

Rob Thomas,

Director of Development Services