CLACKMANNANSHIRE COUNCIL
Report to Council of 16 August 2007
Subject: Licensing of Skin Piercing and Tattooing
Prepared by: Lisa Simpson, Legal Services Manager, and Ian Doctor, Health and Consumer Services Manager
1.0SUMMARY
1.1.This report outlines the terms and implications of The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006 (hereafter referred to as “the Order”).
1.2The report contains information on the procedures required to introduce the licensing of those carrying on the specified activities in the Clackmannanshire Council area and recommends (1) the local implementation of the Order, and (2) a fee structure in connection with licence applications.
2.0RECOMMENDATIONS
2.1.That Council authorise Development and Environmental Services to implement the Order.
2.2.That Council sets application fees for the above licence at the level of £200 for a 1-year probationary licence, and a fee of £100 for a 3-year renewal licence thereafter.
3.0BACKGROUND
3.1.The Order came into force in Scotland on 1st April 2006 and gives Local Authorities the power to license individuals who carry out skin piercing or tattooing activities as a business. The Order lays out a number of requirements in relation to key issues aimed at reducing, if not removing, risks to public health from these practices.
3.2.Body piercing and tattooing is becoming increasingly fashionable and popular. However, if body piercing and tattooing is not carried out to a high level of good practice then there is an increased risk of acquiring an infection. The purpose of the Order is to ensure that consistent controls are put in place to manage and reduce the risks to public health arising from these activities.
3.3.The Order is very specific in the range of activities that it aims to control:
- cosmetic body piercing
- acupuncture
- electrolysis
- tattooing
- Definitions provided within the Order itself are very precise but the key issues from those definitions are as follows:
- cosmetic body piercing is defined as “the perforation of the skin and underlying tissue in order to create a tunnel in the skin through which jewellery may be inserted”
- tattooing is defined as “the insertion into the skin of any colouring material designed to leave a semi-permanent or permanent mark including micropigmentation”
- electrolysis is defined as “the removal of body hair by electrocution of the hair roots with an electrified needle”
- acupuncture is defined as “the insertion of needles into living tissue for remedial or therapeutic purposes”
- A licence will be required by businesses or self-employed individuals operating either independently within premises or in a peripatetic manner (i.e. home visits or mobile business). Exempted from this are those operating within The National Health Service and charities offering services free-of-charge.
- The Order specifies certain requirements that must be in place prior to a licence being granted. These cover, amongst other things, information to be made available to clients, equipment to be used and cleaning facilities to be provided. The Order further authorises the Licensing Authority to inspect premises for the purpose of ensuring compliance with regulations.
- Whilst Development and Environmental Services will undertake the monitoring and inspection function in respect of relevant premises, the administration of the licensing function will be carried out by Administration and Legal Services as an addition to their existing Civic Government Licensing activities.
- The fee structure proposed has been set according to the levels recommended by the Scottish Executive, and is comparable withlevels set by other neighbouring Local Authorities. (Stirling Council £200; Perth & Kinross Council £200; Angus Council £235)
- The effective date will be 17 August2007.
4.0IMPLICATIONS FOR THE COUNCIL
4.1.Financial implications:The resources (mainly staff time and software costs) will be largely recoverable from fee income.
4.2.Staff implications:Officer time – our initial projection is that the additional licensing administration can be met from existing resources.
4.3.Strategic aims:
Create strong, active, safe and caring communities / Achieve local economic prosperity and stability /
Make the most of Clackmannanshire's unique built and natural environment /
Develop a culture of personal achievement where everyone isvalued /
Improve the health of the people of Clackmannanshire /
Represent and promote the interests of all of the people of Clackmannanshire /
Ensure that the people of Clackmannanshire receive the highest quality services for the public pound /
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Chief ExecutiveHead of Administration & Legal Services
Draft Report to Council(2)Page 1 of 3