Agenda item

To gain the approval of the General Licensing Committee to publish the Byelaws based on the Department of Healths model, for the regulation of businesses involved in acupuncture, tattooing, semipermanent skin-colouring, cosmetic piercing and electrolysis, to go out to public consultation.

Following consultation, to consider the results and make recommendation to Full Council for the adoption of the Byelaws.

Laura Brewer, The Service Manager for Food, Safety and Port Health, presented the report, outlining the proposed changes. Historically, the regulation had been managed through separate byelaws made under the Local Government (Miscellaneous Provisions) Act 1982, with separate byelaws for ear piercing and electrolysis, acupuncture, and tattooing.

In 2003, the Local Government Act made an amendment to the Local Government (Miscellaneous Provisions) Act replacing the term “ear piercing” with “cosmetic ear piercing” and introducing a new practice of semi-permanent skin colouring.

The Department of Health in 2007, introduced a consolidated set of model byelaws that local authorities could adopt to simplify regulatory frameworks. The departments of health model byelaws were adopted by two of the five legacy councils, West Dorset District Council and Weymouth and Portland Borough Council.

When the council came together in 2019 under local government reorganisation, only piercers under the Legacy Byelaws of the area where they were operating could have been regulated. This has meant there has been discrepancies in which practices can be regulated based on where they are carried out.

In 2022 The Health and Care Act introduced plans for a licensing scheme for aesthetic practitioners completing non-surgical cosmetic procedures who operate in England. 

The wording of the act meant that local authorities were under the impression that these new licensing regulations would include current piercing practices regulated under the byelaws. 
 
Unfortunately, when the subsequent consultation came out in 2023 it was clear that the Government did not intend that this licensing scheme would incorporate piercing practices already covered by local government byelaws. 
 
Therefore, now in a position where we need to adopt the Department of Health model byelaws for piercing practices across the whole of Dorset council's footprint removing inconsistency in enforcement. The proposed Dorset Council Byelaws had been put together which could be found at Appendix A. 

Cllr Cathy Lugg asked how long businesses would be given to register under the new scheme. Officers confirmed that business owners would be issued updated registration documents for public display.

Cllr Craig Monks inquired whether adopting and updating the byelaws would bring the council in line with neighbouring authorities and questioned whether the changes would affect small businesses in the area. Officers advised that both BCP and Wiltshire Councils had been consulted. While some councils had adopted the model byelaws and others had not, Dorset Council would not have been out of step with neighbouring authorities.

Cllr David Shortell highlighted the need for practices to be registered both as businesses and for individual practitioners.

Cllr Kate Wheller sought clarification on what would be regarded as an adequate level of sterilisation and requested information on the frequency of inspections going forward.

Proposed by Cllr Craig Monks, seconded by Cllr Jill Haynes.

Decision:  The committee:

a)    agreed that the proposed skin piecing Byelaws be published for consultation.

b)    authorised the Service Manager for Food, Safety and Port Health to make any minor editorial changes to the proposed Byelaws, prior to the document being issued for consultation.

c)    recommended to Full Council that the Byelaws be adopted unless the consultation has resulted in significant proposed changes to the Byelaws in which case these will be brought back to your committee to ratify.