Skin piercing licence

Introduction

There are a number of activities that involve the use of needles to pierce the skin. Over the years these have become more popular and fashionable, with the range of procedures increasing.

Coventry City Council, under The Local Government (Miscellaneous Provisions) Act 1982 (the Act) Part VIII require persons carrying out skin piercing and the premises to be registered with the Council.

The law states that these activities must be conducted in a manner that is safe and hygienic. The Regulatory Services team for Coventry City Council are responsible for registering such businesses, and inspecting them to ensure that they do not pose a risk to the public.

The main aim of registering skin piercing activities is to protect members of the public from the transmission of blood borne viruses such as HIV, Hepatitis B, Hepatitis C and other infections, which can have serious and long-term health effects.

The Council has approved byelaws that set out the standards for the hygienic operation of skin piercing premises. Persons carrying out skin piercing must comply with these byelaws.

Registration consists of two elements:

• the person who will be carrying out the skin piercing
• and the place where the skin piercing takes place.

This policy details the legislation and associated guidance to encourage and support safe practice and sets out Coventry City Council’s requirements for the registration of businesses that carry out skin piercing activities.

Legislation and guidance

The aim of the legislation is to ensure that infection control arrangements are adequate and effectively applied wherever tattooing or skin piercing activities are carried out.

The Local Government (Miscellaneous Provisions) Act 1982 allows Local Authorities to make provisions for the registration of premises and persons carrying on the practices of acupuncture, tattooing, ear piercing or electrolysis.

The Local Government Act 2003 added semi-permanent skin colouring and cosmetic piercing to this list of activities for which registration can be required.

Coventry City Council have adopted byelaws covering all activities that are regulated by the Local Government (Miscellaneous Provisions) Act 1982 for the purpose of securing:

• The cleanliness of premises and fittings in such premises.
• The cleanliness of persons so registered and persons assisting persons so registered in their practice and;
• The cleansing and, so far as is appropriate, the sterilization of instruments, materials and equipment used in connection with the registered practices.

The Health and Safety at Work etc. Act 1974 applies to all persons engaged in tattooing and skin piercing activities for gain or reward. It provides a means of securing effective infection control under the general duty to ensure the health, safety and welfare of their employees and a duty of care to ensure their activities do not expose them or the general public to risks to their health and safety. This would be enforced by the Health and Safety Executive if the business was operated from within a domestic premises.

The Management of Health and Safety at Work Regulations 1999 require employers to undertake a risk assessment of their work activities and remove or implement controls to reduce these risks. The risk assessment is a careful examination of what work activities could cause harm to people and this then guides decisions about precautions that need to be implemented, including infection prevention and control measures. Where there are 5 or more employees this risk assessment must be documented.

The Health Protection (Part 2A Orders) Regulations 2010 provide updated local authority powers to deal with incidents or emergencies where infection or contamination presents a significant risk to human health. These include powers to allow local authorities to obtain an order (Part 2A Order) from a Justice of the Peace that impose restrictions or requirements to protect the health of the public.

Tattooing and body piercing guidance toolkit - this guidance provides robust and consistent guidance on standards of hygiene and safety. The guidance has been written as a key point of reference for use nationally by tattoo and body piercing practitioners who work in regulated premises, local authority officers and health protection staff.

Registration Requirements

A business that undertakes one or more of the following practices will be required to register with Coventry City Council:

• acupuncture
• tattooing
• cosmetic piercing (the piercing of someone’s body) including: ear/nose piercing & body piercing
• electrolysis
• semi-permanent skin colouring (the insertion of semi-permanent colouring into a person’s skin) including: microblading & all types of semi-permanent tattooing
• micro-needling

The premises being used for that purpose along with all persons undertaking that activity must be also registered by the Council.

Skin piercing being carried out under the supervision of a registered medical practitioner do not require registration under these provisions.

Business operators must complete a registration form and submit it with the correct fee at least 28 days prior to commencing the proposed activity. Applications and payments should be made online. Upon receipt of application, it will be allocated to an officer who will then carry out an inspection prior to the opening date.

Applications and payment also need to be made:

• If additional treatments are to be carried out at a registered premises after the initial inspection visit has been carried out. The fee for additional treatments will apply.
• If a new business opens within an existing business or moves premises. The full registration fee for the premises will be payable, together with the fee for re-issuing of registration certificates for existing operators.
• If the business moves to another premises. The full registration fee for the premises will be payable, together with the fee for re-issuing of registration certificates for existing operators.
• If additional practitioners who are currently not registered in Coventry are to practice at a registered premise. The fee for operators will apply.

Applications must be made 28 days prior the treatment being carried out / operator practicing. When these applications are received, an Officer will arrange to visit.

An application will be needed to be made to vary a registration. A visit is not required for variations. This will include for example:

• Change of name of practitioner (if this is still the same person)
• Change of name of business.
• Where a practitioner registered with Coventry City Council moves to a different premises already registered with Coventry City Council for that activity.
• Where a practitioner registered outside of Coventry operates on a temporary basis at a premises registered with Coventry City Council. This will include an operator working at a studio or tattoo convention on a temporary basis.

A business/practitioner must not practice until a certificate has been issued for the person and premises.

A personal registration certificate will only be issued when it is associated with a registered premises. If a person is looking to operate outside Coventry City Council’s boundary, they will need to contact the relevant local authority.

Registration Fees

Fees have been set according to Officer costs and administration involved in processing applications and will be revised bi-annually in accordance with Officer costs.

An up to date list of fees will be made available on the Council’s web site and will be for the following areas:

• Registration of a premises
• Registration of a practitioner
• Combined registration of a premises and practitioner
• Registration of additional treatments at registered premises
• Variation of registration
• Replacement copy of certificate

Enforcement

Proprietors must take all reasonable steps to ensure persons working on the premises comply with these byelaws along with health and safety legislation as detailed in section 2.

The proprietor of a business will be informed in writing detailing any areas of non-compliance along with the remedial work required and the timescale in which it is to be undertaken.

Enforcement powers, including improvement or prohibition notices under the Health and Safety at Work etc Act 1974 may be used to secure compliance. Any enforcement action will be in line with the Council’s Enforcement Procedure.

It is a criminal offence to trade without registration or to be in breach of the relevant byelaws. Any person that contravenes the byelaws shall be guilty of an offence and liable to a fine. A person’s registration may also be suspended or cancelled by a Magistrate in addition or instead of imposing a fine. A premises registration may also be suspended or cancelled if such premises are occupied by a person found guilty of an offence.

Registration Certificates

Once a satisfactory inspection has been carried out, the operator(s) will be issued with a registration certificate authorising them to undertake the procedures listed at the registered premises.

Registration certificates must be prominently displayed along with a copy of the byelaws, in a public area within the premises. Registration certificates are only valid at the premises stated on them.

The registration is mandatory in that the local authority must issue a registration if the application has been appropriately made. A registration can only be refused where a person has previously been convicted of an offence under section 16(1) or (2) of the Police and Criminal Evidence Act 1984 and the convicting Magistrate cancelled the previous registration. A registration can only be cancelled by a Magistrate upon conviction of an offence, and this is in lieu of a fine.

Once a business and/or operator cease trading they should notify the Authority, as soon as possible.

Right of Appeal

Anyone wishing to appeal a decision made must do so in writing to the Council’s Food and Safety Manager, Nicola Castledine, in writing to Regulatory Services, Coventry City Council, PO Box 7097, Coventry,CV6 9SL, by phone 024 7697 5503 or by email at nicola.castledine@coventry.gov.uk

Review

This policy will be reviewed every three years or earlier should there be any changes in law and practice. The fees section shall be updated online following the annual review of the Council’s fees and charges.

Last reviewed February 2023