Byelaws with regard to the business of Cosmetic Piercing
Byelaws for the purposes of securing the cleanliness of premises registered under section 15 of the Local Government (Miscellaneous Provisions) Act 1982 and fittings in those premises and of registered persons and persons assisting them and the cleansing and, so far as appropriate, sterilisation of instruments, materials and equipment used in connection with the business of cosmetic piercing made by Blackpool Borough Council in pursuance of section 15(7) of the Act.
In these byelaws, unless the context otherwise requires –
“The Act” means the Local Government (Miscellaneous Provisions) Act 1982;
“Client” means any person undergoing treatment;
“Operator” means any person giving treatment;
“Premises” means any premises registered under Part VIII of the Act;
“Proprietor” means any person registered under Part VIII of the Act;
“Treatment” means any operation in effecting cosmetic piercing;
“The treatment area” means any part of the premises where treatment is given to clients.
The Interpretation Act 1978 shall apply for the interpretation of these byelaws as it applies for the interpretation of an Act of Parliament.
2. For the purpose of securing the cleanliness of premises and fittings in such a premises a proprietor shall ensure that –
a. All internal walls, doors, windows, partitions, floors and floor coverings, and ceilings are to be kept clean and in such good repair as to enable them to be cleaned effectively;
b. All waste materials , and other litters, arising from the treatment should be handled and disposed of as clinical waste in accordance with relevant legislation and guidance as advised by the local authority;
c. All needles used in treatment are single-use and disposable, as far as is practicable; and are stored and disposed of as clinical waste in accordance with relevant legislation and guidance as advised by the local authority;
d. All furniture and fittings in the premises are kept clean and in such good repair as to enable them to be cleaned effectively;
e. All tables, couches and seats used by clients in the treatment area, and any surface on which the items specified in 3b below are placed immediately prior to treatment, have a smooth impervious surface which is disinfected immediately after use and at the end of each working day;
f. Where tables and couches are used, they are covered by a disposable paper sheet and which is to be changed for each client;
g. No eating, drinking or smoking is permitted in the treatment area and a notice or notices reading “No Smoking”, “No Eating or Drinking” is prominently displayed there.
3. For the purpose of securing the cleansing and so far as is appropriate, the sterilisation of instruments, materials and equipment used in connection with the treatment –
a. An operator shall ensure that, before use in connection with treatment, any gown, wrap or other protective clothing, paper or other covering, towel, cloth or other such articles used in the treatment
- i. Is clean and in good repair, and, so far as is appropriate, is sterile;
- ii. Has not previously been used in connection with any other client unless it consists of a material which can be and has been adequately cleaned and, so far as is appropriate, sterilised;
b. An operator shall ensure that any needle, metal instrument, or other item of equipment, used in treatment or for handling instruments and needles used in treatment is in a sterile condition and kept sterile until it is used;
c. A proprietor shall provide –
- i. Adequate facilities and equipment for the purpose of sterilisation (unless pre-sterilised items are used) and of cleansing, as required in pursuance of these byelaws;
- ii. Sufficient and safe gas points and / or electrical socket outlets to enable compliance with these byelaws;
- iii. An adequate constant supply of clean hot and cold water readily available at all times on the premises;
- iv. Adequate storage for all items mentioned in byelaw 3 a and b above, so that those items shall be properly stored in a clean and suitable place so as to avoid, as far as possible, the risk of contamination.
4. For the purpose of securing the cleanliness of operators –
a. A proprietor shall ensure that –
- i. Any operator keeps his hands and nails clean and his nails short;
- ii. Any operator wears disposable surgical gloves that have not previously been used in connection with any other client;
- iii. Any operator of the premises wears a gown, wrap or protective clothing that is clean and washable, or alternatively a disposable covering that has not previously been used in connection with any other client;
- iv. Any operator keeps any open boil, sore, cut or open wound on an exposed part of his body effectively covered by an impermeable dressing;
- v. Any operator does not smoke or consume food or drink in the treatment area;
b. A proprietor shall provide:
- i. Suitable and sufficient washing facilities for the sole use of operators, including hot and cold water and sanitising soap or detergent;
- ii. Suitable and sufficient sanitary accommodation for operators.
Note – The following does not form part of the byelaws
A. Proprietors shall take all reasonable steps to ensure compliance with these byelaws by persons working on the premises. Section 16(9) of the Act provides that a registered person shall cause to be prominently displayed on the premises a copy of these byelaws and a copy of any certificate of registration issued to him under Part VIII of the Act.
B. Section 16(2) of the Local Government (Miscellaneous Provisions) Act 1982 provides that any person who contravenes any of these byelaws shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. If a person registered under Part VIII of the Act, is found guilty of contravening these byelaws the Court may instead of or in addition to imposing a fine, order the suspension or cancellation of his registration, and of the registration of the premises in which the offence was committed if such premises are occupied by the person found guilty of the offence. It shall be a defence for the person charged under sub-sections (1), (2), (8) or (10) of section 16 to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.
C. Nothing in these byelaws extends to the practice of cosmetic piercing by or under the supervision of a person who is registered as a medical practitioner or to premises on which the practice of cosmetic piercing is carried on by or under the supervision of such a person.