BROXTOWE BOROUGH COUNCIL

Nottinghamshire County Council Act 1985 (PartIV)

NOTES FOR GUIDANCE

BUSINESS ESTABLISHMENTS PROVIDING:-

MASSAGE AND/OR SPECIAL TREATMENTS

SUNBED(S)/UV TANNING EQUIPMENT

LASER/IPL TREATMENTS

Licensing Department,

Public Protection Division. Chief Executive’s Directorate

Council Offices, Foster Avenue, Beeston, Nottingham NG9 1AB

Tel: 0115 917 3496 & 0115 917 3241

email:

A licence will be required for any premises used for the administration of treatments.

There are a number of treatments licensed under the Nottinghamshire County Council Act 1985.

Within the Broxtowe Borough Council’s area many of these treatments listed below are not offered in isolation in any one particular premises but as part of a range of treatments.

NON CONTACT TREATMENTS

Sunbeds- Horizontal, single and double sided.

Sundomes- Vertical tanning systems

Saunas- Traditional Swedish style saunas

Steam/oils Rooms

Turkish baths

Hydrotherapy Bath

HANDS ON TREATMENTS

Acupressure Massage - if including body massage

Aromatherapy - applied on the body in a massage motion

Aromatherapy facials

Body wrap (where any substance is applied to the skin prior to wrap) massage applied

Collagen Lamps, similar in appearance to a sunbed but a pink light.

Full body massage

Galvanic Treatment/None surgical face lift – electric current is applied to the skin

Hand applied tan , requires full body contact. The action is the same as massage/aromatherapy

Head & neck massage (including shoulders and back massage)

Hot stones

LA Stone Therapy, hot & cold stone massage (combines massage and thermotherapy)

Lipo Freeze – heats area then freezes to illuminate fat cells. May also be an intense pulse light

Part body massage - neck & shoulder are exempt as specified in the legislation. All other parts of the body require a licence

Shiatsu – without clothing

Thai Yoga bodywork – if treatment includes massage

OTHER PERIPHERAL TREATMENTS

Skin tag removals and thread vein removal are often practised but as for electrolysis these will fall more appropriately under the registration requirements

Use of “natural” liquids e.g. fruit acids to reduce skin lines

SPECIAL TREATMENTS

Include electric treatment, radiant heat, light or electric vapour treatment or sauna or other baths for therapeutic treatment; or other similar treatment.

LASER/IPL

If you wish to provide Class 3B and 4, and pulse light treatments, an additional Licence is required in addition to the Massage and/or Special Treatments/Sunbed(s) application.

Please contact the Licensing Department for further information and advice.

APPLICATION FOR LICENCE

All questions must be completed on the applications. The Police and Environmental Health Departments will be advised, and will report back as to the suitability of the premises etc.

Rehabilitation of the Offenders Act 1974 enables the Authority to require and consider details of convictions whish would otherwise be regarded as spent under the Act. Full disclosure is therefore required, but applicants have the Council’s assurance that the information given will be treated in confidence and will only be taken into account in relation to the relevant application. The issued licence must be displayed in a prominent position.

EXEMPTIONS

You need not apply for a licence if any of the following matters apply to you:-

(Nottinghamshire County Council Act 1985 Section 17)

1Nothing in this part shall apply to

  1. an establishment for massage or special treatment carried on by a registered medical practitioner or by a member of any duly constituted organisation which specifies qualifications for the practice by its members of chiropractic, osteopathy, naturopathy, or acupuncture, being a member who is required by that organisation or association to observe professional standards in such practice; or
  2. any hospital provided by the Secretary of State or by a charity which is registered under the section 4 of the charities Act 1960 or is exempted from registration by subsection (4) of that section; or
  3. any nursing home which is for the time being registered under the nursing homes Act 1975 or exempt from registration under that Act; or
  4. any premises which are an establishment for massage or special treatment merely by reason of face or scalp massage being administered in those premises.

2Subsection (1) of section 11 (licensing of persons to carry on establishments) of this Act shall not apply to a person registered by any board established under the Professions Supplementary to Medicine Act 1960, a member of the Chartered Society of Physiotherapy who is not so registered or to a nurse registered or enrolled by the General Nursing Council of England and Wales.

3Nothing in this part shall prejudice or affect the operation of any of the relevant statutory provisions as defined in part 1 of the Health and Safety at work etc. Act 1974

FEES

Fees must be paid before the application will be considered. In the event of the application being refused, the fees are non refundable.

You will be required to renew your Licence each year on the anniversary of the date of issue. On receipt of payment of the required fee a consultation process will take place with Nottinghamshire Police and Broxtowe Borough Council’s Environmental Health Officer(s).

Payment of fees can be made by debit/credit card over the telephone to the Licensing Department. Alternatively you may enclose a cheque (make payable to Broxtowe Borough Council) and send it with your completed application to the Licensing Department.

Please quote the following code: 05522 8341 and the name of your premises.

REFUSALS AND REVOCATIONS

The Council may, after giving you an opportunity of being heard by its licensing panel, refuse to grant or renew your licence or may revoke your licence in any of the following circumstances: -

  1. if you are a person under the age of 21;
  2. If you have been convicted of an offence under the sexual offences Act 1956 to 1976 or the Street Offences Act 1959 or if you are considered otherwise unsuitable to hold a licence;
  3. where the premises to be used for the purpose of the establishment for massage or special treatment are unsuitable for massage or special treatment or where the facilities or accommodation provided therein are inadequate or unsuitable;
  4. Where the establishment has been or is being improperly conducted;
  5. Where the establishment is one of which adequate professional, technical or other staff are not available for the administration of such massage or special treatment as may there be provided; or
  6. Where the establishment is being carried on in contravention of the Nottinghamshire County Council Act 1985 or any byelaw made there under.
RIGHTS OF APPEAL

If your application is refused or your licence is revoked, you may demand that the council supplies you within seven days of its decision, with a statement of the grounds on which the decision was based. You have the right of appeal to the local magistrates court against the decision. This right must be exercised within six months of the date of the decision.

TRAINING

The most usual method of training is a fulltime course at a further education college or at a private beauty school. Courses in further education colleges usually last one to two years. Courses in private training schools are shorter, more intensive and require payment of course fees.

Courses should cover all the essential treatments (facials, make-up, eyebrow and eyelash tinting, waxing, manicure, pedicure and some body treatments). Plus some or all of the following: anatomy and the physiology of the head, face, and neck; the structure of the skin (including skin diseases and disorders, skin types and skin care); the structure of the nails; cosmetic science; chemistry; electricity; health and safety; first aid; salon procedure; business skills; communications skills; and professional ethics.

There are a number of qualifications in beauty therapy, the principal ones are listed below.

  • City and Guilds
  • NVQ’s/SVQ’s
  • ITEC
  • CIBTAC
  • IHBC
  • BTEC

All of the above are recognised by the government and the Broxtowe Borough Council for licensing purposes. Qualified persons can obtain from the qualifying bodies duplicates of qualifications should these be required.

April 2016

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