Local authority licensing regulations

The local authority licensing regulation

The registration and bye-law requirements vary from council to council. We offer you the best guidance to ensure a smooth application for any area that you may live in. However, it is important that you call the Environmental Health department and ask them what their requirements are prior to application.

Why should I register?

It is a legal requirement for anyone offering invasive treatments (that break the skin) to register for a Licence with their Local Authority. More councils are now cracking down on Tattooists, PMU artists and aesthetic practitioners that have not registered, and the fines can be quite high.

Having a licence and displaying it for your clients to see will only add to your professionalism. Councils are there to work with you, not against you. Don’t be afraid of speaking to them; they will give you all the advice you need and allow you to put things in place.

How should I prepare for a council visit?

You should be as prepared as possible for a visit from the council. The following is just a basic list of what they will expect to see:

The Room

The Environmental Health Officer (EHO) will first want to inspect your room. They will look at what type of flooring you have. Wipe clean flooring is preferred, and they will ask how you clean it and how often. Your room should be free from curtains, drapes, towels and cushions and anything else such as absorbent woods and material.

No smoking signs should also be clearly displayed.

Keeping Records

The EHO will ask you to provide a copy of your consultation form and whether or not you keep photographs of the clients. They may also ask how you store this information and for how long.

They will also ask to see copies of Medical Safety Data Sheets (MSDS or SDS) for any products or anaesthetics you may use during the treatment.

They will also want to see how you dispose of your waste and copies of the contract with your waste removal contract.

Cleaning

The EHO will ask what products you use to clean your work surfaces and floors with and how you use the product. Make sure you are familiar with how long a product has to be left on and what PPE you may need when using such products.

They will also ask how you dispose of needles and other items you use during the treatment. As most are now disposable, it is easy enough to just throw these items away, and you will not need to have a cleaning procedure for these.

Preventing Cross-Contamination

Your EHO will want to know how you prevent cross-contamination. A few basic points should cover any questions that she/he may have:

You protect your trolley with fresh barrier film or dental bibs before every new client.
You use a new needle and syringe for each client, and you should open this up in front of them before starting the procedure.
Use a new needle and syringe for each new client and each new appointment.
You get out everything you need, so you have it to hand, such as wet wipes, cotton wool etc.
Use a new pair of powder-free latex-free gloves on each new client. Make sure you wash your hands before and after putting on or removing gloves.
You may be required to produce proof of your Hepatitis B Vaccinations.

What else may I be asked?

The EHO will ask to see what anaesthetics you use and how you use them.
They will require to see a copy of your aftercare form.
You may also be asked how and when you perform a patch test.
You may be asked what you use post-treatment and how this is applied.
Have you displayed your training certificates?
They will ask for copies of your liability insurance.
Proof of your first aid training and if you have spill kits for cleaning up sick or blood.
Do you have an up to date tetanus?

Tattoo regulations Act

Under the Local Government (Miscellaneous Provisions) Act 1982, as amended, local authorities are responsible for regulating and monitoring businesses offering cosmetic, permanent tattooing, semi-permanent skin colouring (micropigmentation, semi-permanent make-up and temporary tattooing).

These procedures involve some degree of skin piercing. They, therefore, carry a potential risk of skin infections, allergic or toxic reactions to various substances used on or in the skin, and transmission of bloodborne viruses (such as hepatitis or HIV).

The focus of legislation covering local authorities in England, Wales and Northern Ireland is on minimising infection risks using compulsory registration of practitioners and premises and optional powers to make by-laws.

It is a criminal offence to trade without registration (licensing) or to be in breach of the relevant by-laws under all current legislations. The Department of Health has produced guidance for local authorities regulating piercing and tattooing businesses and model by-laws for the use of local authorities. Over 100 local authorities have adopted these model by-laws. Contrary to popular belief, there is no formal minimum qualification for tattooists.

This information is provided to Members of Parliament in support of their parliamentary duties and is not intended to address the specific circumstances of any particular individual. “It should not be relied upon as being up to date; the law or policies may have changed since it was last updated, and it should not be relied upon as legal or professional advice or as a substitute for it. A suitably qualified professional should be consulted if specific advice or information is required.

This information is provided subject to our general terms and conditions, which are available online or may be provided on request in hard copy. Authors are available to discuss the content of this briefing with Members and their staff, but not with the general public.”

Legislation Under the Local Government (Miscellaneous Provisions) Act 1982, as amended by the Local Government Act 2003, local authorities are responsible for regulating and monitoring businesses offering cosmetic body piercing (including ear piercing), permanent tattooing, semi-permanent skin colouring (micropigmentation, semi-permanent make-up and temporary tattooing).

All of these procedures involve some degree of skin piercing and therefore carry a potential risk of skin infections, allergic or toxic reactions to various substances used on or in the skin, and transmission of bloodborne viruses (such as hepatitis or HIV).

Under all current legislation, it is a criminal offence to trade without registration (licensing) or to be in breach of the relevant by-laws.

As well as using legislation specifically applying to these businesses, Local Authorities can use enforcement powers under the Health and Safety at Work etc. Act of 1974. The Health and Safety Executive has issued a comprehensive local authority circular covering these powers as they relate to cosmetic piercing and skin colouring businesses.

Additional legislation, the Tattooing of Minors Act 1969, makes it an offence to tattoo persons under the age of 18. No such statutory restrictions apply to cosmetic piercing or skin colouring. While there is no requirement for defining age restrictions within by-laws, these have been implemented by some local authorities and are supported by the cosmetic piercing industry.

Department of Health guidance The Department of Health has produced guidance for local authorities regulating piercing and tattooing businesses and model by-laws for the use of local authorities.

Over 100 local authorities have adopted these model by-laws, although exactly what the by-laws are in your local area should be checked with the local authority.

HSE local authority circular, Health and safety issues related to body piercing, tattooing and scarification, April 2005 Department of Health, Local Government Act 2003 Regulation of Cosmetic Piercing and Skin-Colouring Businesses: Guidance on Section 120 and Schedule 6, February 2004

The model by-laws include, among others, requirements such as:

Equipment such as needles must be either disposable or sterilised after each use
Premises must be clean, and that body fluid must be cleaned up and couches and other furniture disinfected after each client
No eating or drinking should be allowed
All pigments should be sterile and inert

The Health and Safety Executive advises that managers of tattooing premises should train workers about the risks (especially about bloodborne diseases, for example, hepatitis), train workers in the correct working practices and supervise workers. There is no formal minimum qualification for tattooists and body piercers, however. The HSE explains:

An employer is required to provide adequate employee training to ensure that they can carry out their work safely. However, there is no recommended period of study for cosmetic piercing training, and LA [local authority] enforcement officers may have to rely on discussion with newly trained people to establish their competence during work activities.

At this time, there are no nationally approved training courses available for UK body piercers, although a number of commercially-run courses are available. It is recommended that basic first aid training and infection control guidance be provided as part of any cosmetic piercing training course.

Consumers also have protection under general consumer law if they are dissatisfied with the artwork or the terms and conditions under which the work was done (as opposed to a health or hygiene complaint). For example, the Supply of Goods and Services Act 1982 requires a trader who agrees to provide a service to carry out that service with reasonable care and skill and in a timely manner. It also stipulates that any materials used are of satisfactory quality. If the trader fails to meet these requirements, the law treats it as a breach of contract.

Local authority enforcement officers are responsible for ensuring that businesses comply with these requirements