Special treatment licence survey report · special treatment premises? 3 4 2 8 3 1 1 Local...

Special treatment licence survey report

February 2018

Why?

• Legislation is outdated

• Unequal regulation across the country putting similar businesses on an unfair playing field

• Mismatch between legislation, applicability and risk

• Inconsistency in application even within regions

Who was asked?

• All 32 London Boroughs & the City of London

• Authorities in Essex, Nottingham & Birmingham

• 80 other LAs chosen by region across England

• Project between London Special Treatment Group and LGA Licensing Policy Forum to scope current landscape

Which legislation does your local authority use to regulate special treatment premises?

3

4

2

8

3

1 1

Local Government (MiscellaneousProvisions) Act 1982

Local Government (MiscellaneousProvisions) Act 1982|Health andSafety at Work etc Act 1974Local Government (MiscellaneousProvisions) Act 1982|Local byelaws

London Local Authorities Act 1991

London Local Authorities Act1991|Health and Safety at Worketc Act 1974Nottinghamshire y Council Act1985|Local Act of Parliament

Sunbeds Regulation Act2010|London Local Authorities Act1991

Which of these statements apply within your local authority area?

8

10

4

Premises are generallyregulated under licensinglegislation

Premises are generallyregulated under licensinglegislation and the Healthand Safety at Work Act 1974

Premises are generallyregulated under the Healthand Safety at Work Act 1974

How many special treatment licence (not registration) applications were received during the financial year

2016/2017?

0

50

100

150

200

250

A B C D E F G H I J K L M N O P Q R

0 0 0 0 0

23 2535

54

100108

132 133

164

178

218

230

152

How many special treatment registration (not licence) applications were received during the financial year

2016/2017?

0

20

40

60

80

100

120

A B C D E F G H I J K L M

0 0 0 04

10 10 10

1822

38

77

108

Did you receive more or fewer applications in 2016/17 than during 2015/2016?

6

13

About the same

More applications

How many licence applications were refused in 2016/2017?

0

2

4

6

8

10

12

0 1 2 3 10 ? n/a

No of councils

No of licences refused

How many registration applications were refused in 2016/2017?

• None - we can't refuse them - but I do make them do works before registration certificate issued.

• None, but you can't refuse a registration, only take action with respect to the byelaws if they do not comply

• “1”

• “4”

How does your authority accept licence/registration applications?

0

1

2

3

4

5

6

7

8

9

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1 1 1

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9

Why were applications refused or rejected in 2016/2017?

Registration delayed until works completed1

Fee not paid1

No proof sunbeds were serviced1

Practitioners wished to operated in client's homes only1

Premises were unsuitable2

Application not for special treatment or massage2

Applicant was unsuitable3

Applicant's qualifications were unsuitable4

No rejections/refusals5

To whom are decisions to refuse licences delegated?

9

6

Officers

Licensing Panel orsimilar

How many appeals have been made against refusal in the last 3 years?

How many premises within your local authority area provide the following treatment (estimated if necessary)

Please indicate the minimum qualifications required for practitioners to provide these treatments (low risk)

Please indicate the minimum qualifications required for practitioners to provide these treatments (medium risk)

Please indicate the minimum qualifications required for practitioners to provide these treatments (high risk 1)

Please indicate the minimum qualifications required for practitioners to provide these treatments (high risk 2)

Licence conditions are…

When were your special treatment licence conditions and policies last reviewed?

Conditions Policy

1982 - 1987

1988 - 1993 2 1

1994 - 1999

2000 - 2005 1

2006 - 2011 3 4

2012 - 2016 5 4

2017 - 3 1

Not known 1 2

No policy 2

Do the special treatment licence/registration fees generally lead to a

Workforce employed

No of officers (FTE)

Enforcement officers

Special treatment admin only

Within an admin team

00.1 2 councils0.2 2 councils 1 council 1 council0.5 1 council1 5 councils 6 councils 8 councils

1.5 3 councils2 4 councils 2 councils 2 councils34 1 council 1 council5 1 council6 2 councils

Approx % premises inspected

Percentage of premises inspected 2015/2016 2016/2017

10 - 25% 4 councils 5 councils



75% - 100% 2 councils 3 councils

Complaints from the community during 2015/16

46

41 2

5

9

2

6

10

3

1

0

9

2

0

5

10

15

20

25

30

35

40

None 1 to 5 6 to 10 11 to 15 16 to 20 21 to 25

Example 2 councils received between 21 and 25 complaints about licensed premises in 2015/2016

Licensed premises 2015/16 Unlicensed premises 2015/2016 Licensed premises 2016/2017 Unlicensed premises 2016/17

Most serious complaints within last three years

• Burns from Laser, Infection from nail treatment and nail being removed, tattooing of a minor, nail infections

• Scarring by tattooist• Mostly to do with illegal extra services.• Nothing serious - just general. Nail treatments/waxing.• Home tattooist unregistered in filthy bedroom with numerous

animals in the room. Tattooist totally incompetent.• Unregistered tattooist- operating at home who also tattooed a

minor- business owner prosecuted.• Damage to the nail plates during artificial nail extension treatment.

The complainant brought photographs of the nails but the complaint was not supported by evidence so it was investigated but no action could be taken.

• Poor conditions and lack of management control

Most serious complaints within last three years

• Burnt on sunbed• Licensed massage parlour offering additional sexual services• A massage parlour applying for a licence but actually a brothel. Refused

application at Licensing Committee• Unlicensed operator.• None serious• Tattooing of a minor - 17 Years old.#x0d;

On investigation person concerned used false ID and had many other tattoo's already. Licensee evidenced Due Diligence no further action taken

• Registered premises - reaction to red ink• Customer unhappy with quality of tattoo artwork. Originally alleged

hygiene breaches but later admitted that aspect of the complaint was unfounded.

• Burns through Laser treatment• Complaints are mainly dirty equipment

Details of successful prosecutions in last three years

• Part 2A order for illegal tattooist in domestic premises.

• Tattooing a minor, Non compliance of codes of practice

• Unlicensed and underage piercing, no consent, incorrect apparatus used to perform the piercing (piercing gun on tragus). Infection and piercing had to be removed at A & E

• Successful prosecution under the 1974 Act

Which, if any, of the following enforcement actions has your local authority taken during 2016/2017?

Public Health (Wales) Act 2017

• Mandatory licensing scheme for individuals• Scheme covers premises and vehicles• Requires LAs to maintain a public register• Licence criteria to be set out in regulations• Licence criteria to include infection control, First

Aid, knowledge of Act• Mandatory conditions including age verification,

hygiene standards, records etc• Government to consult with advisory body on

licensing criteria and conditions


• Licences can be issued for 7 days for fairs and exhibitions

• Licences granted for up to 3 years

• Mandatory grant if all licensing criteria met

• LA has power to set fees locally

• Licensing Committee decision to refuse if criteria not met

• Discretion to grant licences where relevant unspent offences exist

• Able to apply to vary (but not transfer) licences

• Statutory exemption for health-care professionals

• Ability to exempt other professions eg physiotherapists, acupuncturists


“All respondents broadly in favour of provisions with exception of

compensation available if equipment is wrongly

appropriated by officers”

Your views?

• Survey at https://app.easyquest.com/q/n6Z5S

• London Special Treatments Group – contact via Knowledge Hub

• Jeffrey Leib ([email protected])

https://app.easyquest.com/q/n6Z5S

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