Part II of the London Local Authorities Act 1991

Who needs a licence?

1. The London Borough of Bexley has adopted Part II of the London Local Authorities Act 1991, which means that any premises located in the Borough and used as an 'establishment for special treatment' need to be licensed by the Council.

What is an 'establishment for special treatment'?

2. An 'establishment for special treatment' is any premises, which includes a residential premises, which are used to provide a treatment that falls into one or more of the following categories:

• massage
• manicure includes false nails
• acupuncture (including electrolysis)
• tattooing includes semi-permanent make-up
• cosmetic piercing
• chiropody includes pedicure
• light, electric or other special treatment of a like-kind
• vapour, sauna or other baths

The Council has produced guidance entitled the A-Z of Special Treatments, which lists the different types of treatments that are caught by the Act. Also listed are some common treatments that can be provided without the need for a licence. This list is not exhaustive as the beauty industry moves
so fast. If in doubt contact the Council before making an application.

Are there any exceptions or exemptions?

3. Yes, a licence is not required for the provision of special treatment at:

a) any premises which are not used for gain or reward.
b) any premises where the special treatment is carried out by or under the supervision of:

• a medical practitioner registered by the General Medical Council
• a bonafide member of a body of health practitioners, where the body has satisfied the Council that it meets the requirements of the Act
• in the case of acupuncture, a dentist registered under the Dentists Act 1984
• in the case of osteopathy, a fully or conditionally registered osteopath under the Osteopaths Act 1993
• in the case of chiropractic, a fully or a conditionally registered chiropractor under the Chiropractors Act 1994

c) any premises used by a person registered under the Health and Social Work Professions Order 2001:

• solely for the practice of the profession in respect of which they are registered: or
• for the practice of the profession in respect of which they are registered and for the conduct by them of any business ancillary to such practice and no other purpose

d) any hospital provided by the Secretary of State by any person in pursuance of arrangements made by the National Health Service Commissioning Board or by a clinical commissioning group under the National Health Service Act 2006.
e) any nursing home registered under Part II of the Registered Homes Act 1984 or exempted from registration under that Part of that Act.

The Council has a list of Exempt Bodies of Health Practitioners which sets out the bodies that have been granted an exemption by the Council from the need for a special treatments licence.

Part II - London Local Authorities Act 1991

The need for a licence

On 1 July 2016, the London Borough of Bexley adopted the provisions of Part II of the London Local Authorities Act 1991 relating to special treatment licensing. No premises in the Borough may be used as an "establishment for special treatment" unless they have been licensed by the Council.

An "establishment for special treatment" is any premises, which includes a residential premise, which is used to provide a treatment that falls into one or more of the following categories:

• massage
• manicure, includes false nails
• acupuncture (including electrolysis)
• tattooing, includes semi-permanent make-up
• cosmetic piercing
• chiropody, includes pedicure
• light, electric or other special treatment of a like-kind
• vapour, sauna or other baths

It does not include:

a) any premises which are not used for gain or reward.
b) any premises where the special treatment is carried out by or under the supervision of:

• a medical practitioner registered by the General Medical Council
• a bonafide member of a body of health practitioners, where the body has satisfied the Council that it meets the requirements of the Act
• in the case of acupuncture, a dentist registered under the Dentists Act 1984
• in the case of osteopathy, a fully or conditionally registered osteopath under the Osteopaths Act 1993
• in the case of chiropractic, a fully or a conditionally registered chiropractor under the Chiropractors Act 1994.

c) any premises used by a person registered under the Health and Social Work Professions Order 2001:

• solely for the practice of the profession in respect of which they are registered
• for the practice of the profession in respect of which they are registered and for the conduct by them of any business ancillary to such practice and no other purpose.

d) any hospital provided by the Secretary of State by any person in pursuance of arrangements made by the National Health Service Commissioning Board or by a clinical commissioning group under the National Health Service Act 2006.
e) any nursing home registered under Part II of the Registered Homes Act 1984 or exempted from registration under that Part of that Act.

The Council has a list, List of Bodies of Health Practitioners Granted Exemption, which sets out the bodies that have been granted an exemption by the Council from the need for a special treatments licence.

Before making an application

The Council has produced guidance entitled the ‘A-Z of Special Treatments’, which lists the different types of treatments that are caught by the Act. Also listed are some common treatments that can be provided without the need for a licence.

This list is not exhaustive and as the beauty industry moves so fast, you may wish to apply for new treatments which are not listed. If this is the case, please email the licensing team at tsduty@bexley.gov.uk or complete a licensing enquiry form before applying, for any treatment you cannot find with full details/descriptions of the treatment. Do not try to guess and just put a name down which you think is the closest type of treatment that you want to provide. You must tell us exactly what you are proposing to do.

This will enable us to carry out any research required so that we can consider the treatment being applied for, assess whether it is licensable, what level of qualification would be acceptable and what category it would be under.

If you do facials using a steamer, you need to write Vapour (facial steamer) on the list of treatments and by the practitioner, name write facial (steamer only). Where a massage is carried out for a facial, ensure you write facial with massage. Writing facials only will result in delays in processing your application.

If you want to do nail extensions, this must be specified in the list of treatments and in the list of treatments for each practitioner that wished to provide this treatment. Any practitioner must be suitably qualified for nail extensions to be included. If you only write manicure, the licence will not be given for nail extensions and you will not be permitted to do them.

Do not put down treatments that do not require a licence, for example, waxing, threading, eyebrow tinting.

Not doing the above may result in your application being invalid or having to be withdrawn. which may result in the loss of all or part of your fee. It may also result in the application being objected to and refused, in which case you would lose the full fee paid.

Qualifications

The Council will only accept qualifications that have been regulated by Ofqual and have produced guidance on acceptable qualifications. If the treatment you wish to offer is not listed please contact Jenny Seal at jenny.seal@bexley.gov.uk with details of what you wish to offer so she can advise you on acceptable qualifications.

Any qualifications from overseas will have to be submitted by the therapist/practitioner to UK NARIC. A compatibility certificate will indicate the qualification comparison of the international qualification and the UK qualification equivalent. Alternatively, you may be able to do a course with a training provider to upgrade your training to an Ofqual regulated qualification that will recognise prior learning. If the course is only equivalent to a Level 1 or 2 UK NARIC may not be able to assess the course, and it may be easier to do a course that recognises prior learning and can assess your competency and provide you with a certificate for a course that is regulated by Ofqual.

Please ensure that you can evidence qualifications to meet the required minimum standard before you apply to avoid losing your fee.

New applications

An application for a licence shall be made on the form provided by the Council and accompanied with the following documents:

• qualifications of each Practitioner for the treatment they wish to carry out named on the application form
• Gas Safety Certificate, unless signed declaration to confirm that there is no gas on-site
• a current Electrical Installation Condition Report
• an up to date Pat Testing Certificate (unless signed declaration that equipment is under one year old and has been purchased from a reputable supplier).
• consent of the person named in the application as the ‘Premises Manager’ (not required if this person is the applicant applying as an individual)
• the correct fee - cheques should be made payable to “Sevenoaks District Council”. If you wish to make payment by credit or debit card, please write this at the top of the application with a contact phone number for Sevenoaks Licensing to ring to take the payment.
• if a reduced fee is being sought, the Councils Request for a reduced fee application form must be completed and must accompany the application. Please note this does not apply to residential premises.

You are required, on the day you submit this application to the Licensing Partnership, to send a copy of the application form to the Commissioner of Police and the London Fire Brigade. In addition, you are required to send a copy of the application form and copies of all other documents to be submitted to the Trading Standards Service. Failure to comply with this requirement may prevent consideration of your application.

Their address details are:

• Metropolitan Police (Licensing), Civic Offices, 2 Watling Street, Bexleyheath, DA6 7AT
• Bexley Borough Commander, Fire Safety Regulation, South East Area 3, 169 Union Street, London SE1 0LL
• Trading Standards Service, London Borough of Bexley, Civic Offices, 2 Watling Street, Bexleyheath, DA6 7AT

If one or more of the application criteria are not met, the application will be deemed invalid and the applicant notified. The Licensing Partnership will return all documentation and then allow the applicant to submit/resubmit all completed documents again. If these documents are provided the application will be deemed valid from the day they are received and/or payment has been made.

Fees

Special treatments have been divided into three categories, with those in Category A carrying the most risk and complexity and those in Category C the least. Current application fees are set out in Special treatment licensing fees.

Premises providing a single Category C treatment that is ancillary to the main use of the premises (excluding residential premises) can request a 50% reduction of the fees by completing the Council's Request for a reduced special treatment fee (PDF).

Photographs

One passport quality photograph, taken within the last month, of all persons named in the application as the premises manager and those practitioners providing ‘special treatments’ at the premises, must accompany the application. The Practitioners name must be printed on the reverse side of each photograph. Failure to provide satisfactory photographs will result in the application being rejected. The photograph can be provided in digital format or any other means provided it meets the acceptable standards detailed below.

To be accepted the photographs must be:

• printed to a professional standard
• taken within the last month
• in colour on plain white photographic paper with no border
• taken against a plain cream or light grey background
• clear and in focus
• without any creases or tears
• unaltered by computer software
• a close-up of the individuals full head and upper shoulders
• in clear contrast to the background.
• marked on reverse with the individual's full name

Photographs must not contain other objects or people and the individual in the photograph must be facing forward and looking straight at the camera.

Application procedure

Once a valid application has been received and accepted the administration team of the Licensing Partnership based at Sevenoaks District Council will consult with the following:

• Fire Brigade
• Metropolitan Police Service
• Trading Standards Service
• Planning (only new grants and increase in hours)
• any other party deemed relevant by the Council

The consultation period shall run for 28 days, commencing on the first working day that the Council receives a 'full and proper' application.

As part of the application process, one or more of the consultees will inspect the premises as soon as is practicable after the receipt of the application. They will contact the applicant directly to arrange this. Once they have considered the application and/or made an inspection they may object on any grounds they think may prevent the premises from being safe to the public and not appropriate for providing licensable special treatments.

Each consultee has their own set of requirements which they consider when deciding if a premises is fit for purpose or not.

Objections

It is open to any person to make representations to an application. However, only representations that relate to one, or more, of the grounds on which the Council may refuse an application will be deemed relevant. Furthermore, the person making the representations must provide their name and address. The grounds of objection must relate to:

• the premises are not structurally suitable for the purpose
• there is a likelihood of nuisance being caused by reason of the conduct, management or situation of the premises or the character of the relevant locality or the use to which any premises in the vicinity are put
• the persons concerned or intended to be concerned in the conduct or management of the premises used for special treatment could be reasonably regarded as not being fit and proper persons to hold such a licence
• the persons giving the special treatment are not suitably qualified
• the premises have been, or are being, improperly conducted
• the premises are not provided with satisfactory means of lighting, sanitation and ventilation
• the means of heating the premises are not safe
• proper precautions against fire on the premises are not being taken
• they are not satisfied as to the safety of equipment used in the special treatment or as to the manner in which the treatment is to be given
• they are not satisfied as to the safety of the special treatment to be given
• satisfactory means of escape in case of fire and suitable means for fighting fire are not provided on the premises
• the applicant has, within the period of five years immediately preceding the application to the borough council, been convicted of an offence under this Part of this Act; or
• the applicant has failed to comply with the requirements of subsection (4) or (6) of section 7 of this Part II of the Act (pay the fee and provide all the information required to make an application)

The Council has produced guidance for any person wishing to make objections which is available further down this page.

Objectors must be prepared to attend an oral hearing in public by a Sub-Committee of the Council.

Where an application is opposed, the Licensing Partnership usually tries to assist the applicant and the objector to reach an agreement so as to avoid the need for a Licensing Hearing to decide the issue between the parties. This is done by sending copies of all the objections to the applicant who is invited to give the Council details of any measures they can put in place to alleviate the concerns of the objector or agree to attach conditions to any licence that may be granted.

If an agreement cannot be reached, then the application and objections to it will be put before the Licensing Sub Committee for determination. The applicant and objector will be invited to attend this meeting to give oral submissions about their case.

Refusal of application

If the Licensing Sub Committee decides to refuse the application the applicant can in most cases appeal to the Magistrates Court within 21 days of the date of the decision and if not satisfied with the Magistrates decision can further appeal to the Crown Court against the Magistrates decision.

Duration of licence

A special treatment licence is valid for a period of 12 months from the date of the grant. It is the applicant’s responsibility to renew the licence before its expiry each year. Failure to renew the licence before the expiry date will mean that the licence will lapse and a new application will be required, which will attract a higher fee, but more importantly it means that you must stop providing licensable treatments until the new application is determined.

Conditions

The Council has the power to attach conditions and restrictions when granting a licence and these are standard conditions that relate to all premises and may also attach premises specific conditions.

However, they will generally relate to:

(a) the maintenance of public order and safety
(b) the number of persons who may be allowed to be on the premises at any time
(c) the qualifications of the persons giving the special treatment
(d) the taking of proper precautions against fire, and the maintenance in proper order of means of escape in case of fire, means for fighting fire and means of lighting, sanitation and ventilation of the premises
(e) the maintenance in safe condition of means of heating the premises
(f) the hours of opening and closing the establishment for special treatment
(g) the safety of any equipment used in connection with the special treatment and the way in which the treatment is given;
(h) the cleanliness and hygiene of the premises and equipment
(i) the manner in which the establishment is operated and the way it is advertised

The Council's Standard conditions (PDF) will apply to all premises if a licence is granted.

Change of licence holder (transfer)

The named person/s (company) on the licence can be amended. A transfer application must be made, and the appropriate fee paid. Consent from the outgoing licence holder must be submitted with the application stating that they are confirming that a new licence holder is taking over and that they will no longer be the licence holder. If consent cannot be obtained from the outgoing licence holder then proof that reasonable attempts have been made to get their consent must be submitted with the application and/or proof of their legal entitlement to occupy the premises, for example, a lease/tenancy agreement. Transfer applications follow the same process as the procedure above.

Variation to licence

Once a licence has been issued it can be varied and there are a number of applications that must be made depending on the type of variation that is sought. These are:

• variation to add practitioner(s)
• variation to change the premises manager
• minor variation so as to remove a treatment, change the operating hours, remove practitioners from the licence and remove obsolete/out of date conditions and any other type of minor variation to the licence
• full variation so as to add a new treatment, or any other type of variation of the licence

Variation applications tend to follow the same process above, and the appropriate variation form must be submitted, and any supporting documentation as required by the type of variation. See the individual application form as to the requirements.

Change of premises name

If the name of the premises changes after the grant of a licence, then the applicant must write to the Council stating the new name. The appropriate fee must also be supplied at the time of notification. As this type of application is just a change of details to the premises name there is no consultation process. The Councils records will be amended, and an amended licence issued.

Powers of entry

Any duly authorised officers may at all reasonable times enter upon, inspect and examine premises which are, or which he/she has reasonable cause to believe are:

(a) used, represented as being used, or intended to be used as an establishment for special treatment without the requisite licence; or
(b) used in contravention of the terms, conditions or restrictions on or subject to which a licence is granted and may do all things reasonably necessary for the purpose of ascertaining whether an offence has been committed.

Penalties

Part II of the London Local Authorities Act 1991 prescribes a number of offences. The penalties are as follows:

(I) If any occupier or other person concerned in the conduct or management of premises in the borough uses them as an establishment for special treatment or represents them as being so used or permits the premises to be so used he shall unless the premises are currently licensed by the borough council under this Part of this Act, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(ii) If any premises in respect of which a licence is in force are used as an establishment for special treatment otherwise than in accordance with the terms, conditions or restrictions on or subject to which the licence is held, then the holder of the licence or other person concerned in the conduct or management of the premises shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(iii) Any person who intentionally obstructs any person acting in the exercise of his/her powers shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Contacts

The Licensing Partnership
Council Offices
Sevenoaks
Kent TN13 1GP

Telephone: 01732 227004
Email: licensing@sevenoaks.gov.uk

Trading Standards (Officer who will inspect the premises)
London Borough of Bexley
Trading Standards Service
Civic Offices
2 Watling Street
Bexleyheath
Kent DA6 7AT

Telephone: 020 3045 4984
Email: jenny.seal@bexley.gov.uk

Metropolitan Police Service
Metropolitan Police (Licensing)
Civic Offices
2 Watling Street
Bexleyheath
Kent DA6 7AT

Telephone: 020 3045 4448/5255
Email: SEMailbox.LicensingBexley@met.police.uk

London Fire Brigade
London Fire Brigade
Bexley Borough Commander
Fire Safety Regulation
South East Area 3
169 Union Street
London SE1 0LL

Email: FSR-AdminSupport@london-fire.gov.uk

When do I need a licence?

If you are considering setting up a business for manicure and pedicure in a premises in the London Borough of Bexley (even your own residential home), you will need a special treatment licence.

What if I want to provide manicure and pedicure to customers in their own homes within the London Borough of Bexley?

If you treat people in their own homes, in other words you are a mobile practitioner, this is outside the scope of the legislation and you do not need to apply.

How do I apply?

An application form for the grant of a special treatment licence needs to be completed. This application must be completed correctly and fully. In addition, the appropriate fee must be paid in full before it is considered a valid application.

If you wish to do nail extensions, this must also be applied for on the licence application, for example: treatments being applied for are: manicure, including nail extensions and pedicure. For each practitioner also make it clear whether you are applying for them to have manicure and pedicure only, or manicure (including nail extensions) and pedicure.

Information is available at Special treatment premises licence.

Once valid the Council has 28 days to consider your application and will contact statutory consultees for comments.

A paper application form can be requested from Sevenoaks Licensing by completing a licensing enquiry form.

What is the fee?

Nail treatments, manicure (including nail extensions) and pedicure is classified as a category C special treatment and the fees can be accessed at Special treatment fees.

These fees are reviewed annually so always check you are looking at the most up to date fees.

Before you apply consider the following

Competition

There are a large number of nail bars at present, and it may not generate the level of income you desire.

This is particularly important as it is costly to set up a nail bar from scratch. Please do your research carefully of other people who may be offering this locally.

Do I need planning permission?

You may need planning permission (even for your residential property) and you should seek advice from the London Borough of Bexley planning department prior to any investment being undertaken. They can be contacted by email at DevelopmentControl@bexley.gov.uk

What qualification do I need?

Qualifications for nail treatments must be Ofqual regulated and have the Ofqual logo on the certificate. Qualifications that will be accepted by the London Borough of Bexley to carry out this licensable treatment are as follows:

Manicures:

• VTCT Level 3 Diploma in Nail technology (covers manicure, pedicure and nail extensions, including use of electric file)
• VTCT Level 2 Certificate in Nail Technology (QCF)
• VTCT Level 2 NVQ Diploma in Nail Services (QCF)
• ITEC Level 2 Certificate in Nail Technology
• CIBTAC Level 2 Award in Providing Manicure Services
• City & Guilds Level 2 Technical Certificate in Beauty Therapy
• Focus Awards Level 2 Certificate in Nail Treatments
• ITEC Level 2 Award in Provide Manicure Treatments
• ITEC Level 2 Certificate in Manicure
• VTCT Level 2 NVQ Award in Providing Manicure Services (QCF)
• City & Guilds Level 2 Certificate in Manicure (QCF)

Nail Extensions:

• VTCT Level 3 Diploma in Nail technology
• VTCT Level 2 Certificate in Nail Technology (QCF)
• VTCT Level 2 NVQ Diploma in Nail Services (QCF)
• City & Guilds Level 2 Technical Certificate in Nail Treatments
• Focus Awards Level 2 Certificate in Nail Technology
• Focus Awards Level 3 Diploma in Nail Technology (RQF)
• CIBTAC Level 3 Certificate in Nail Technologies
• ITEC Level 2 Certificate in Nail Technology

Pedicures:

• VTCT Level 3 Diploma in Nail technology (covers manicure, pedicure and nail extensions, including use of electric file)
• ITEC Level 2 Certificate in Nail Technology
• CIBTAC Level 2 Award in Providing Pedicure Services
• City & Guilds Level 2 Technical Certificate in Beauty Therapy
• Focus Awards Level 2 Certificate in Nail Treatments
• VTCT Level 2 NVQ Award in Providing Pedicure Services (QCF)

If you want to do the full range of treatments the preferred course is an Ofqual regulated level 3 Diploma in Nail technology as this covers manicure, pedicure and nail extensions, including use of electric file.

If you want to use an electric file, you must have a separate certificate for this if you take another course.

What will I need in the treatment room?

View the conditions applicable for special treatments (PDF). You will need to meet all the conditions in Parts I, II and the relevant sections of the specific nail treatment conditions in part III, MST 1. These conditions are reviewed from time to time, so again please check that you are looking at the most up to date version.

Infection control is of paramount importance, particularly for people with health conditions, such as diabetes, and the following will be needed (this list is not exhaustive but highlights some of the requirements):

a. Internal walls, doors, windows, partitions, floors or floor coverings, ceilings, heating, lighting and ventilation, in all parts of the premises used by the client and operator must be constructed of smooth impervious materials which are easy to clean and must be maintained in good repair and condition.

Bare exposed timber and lapped timber, glitter wall papers, textured wallpaper or wallpaper which cannot be wiped clean, walls covered in flowers etc. are not acceptable.

Flowers on walls will only be accepted in reception areas not in areas where treatments are carried out.

When flooring is replaced, avoid tiling over existing tiles as this can result in issues at the doorway as the raised height may mean you can no longer open the door and you end up with tripping hazards around the entrance if you then cannot tile right up to the doorway.

b. All equipment, fittings and furniture must be smooth, impervious and easy to clean.
c. You must have a separate wash hand basin with a supply of hot and cold water (or mixed tap), anti-bacterial soap and suitable hand drying facilities in a communal area (this is in addition to any wash hand basin in the W.C).
d. Lighting must be adequate for cleaning and treatment.
e. There must be adequate ventilation. This can include desk ventilation and/or overhead ventilation. Further information on health and safety in nail bars is available from the Health and Safety Executive:
SR13 Nail bars - COSHH essentials for service and retail
COSHH and beauticians - key messages
f. Personal Protective Equipment is needed, such as gloves. Latex should be avoided to reduce the risk of allergies from latex gloves. Vinyl or nitrile gloves are an alternative. Further information on glove selection is available on the HSE website

Other requirements include for example:

• the treatment room must be warm enough for the comfort of the client
• you will need access to a suitable W.C
• you must have a current Electrical Installation Condition Report (EICR)
• you will need any portable electrical equipment PAT testing (unless the equipment has been purchased within the last 12 months - proof of this will be needed)
• if you have gas, you must have a Gas Safety certificate

What do I use for cleaning surfaces?

A suitable disinfectant spray/wipes is needed for disinfection of surfaces. Look for items labelled Kills 99.9% of Bacteria and Viruses*: Including Covid-19 Virus**, E. coli, salmonella, MRSA and cold and flu viruses etc.

A suitable limescale remover will also be needed to remove the build-up of scale in wash hand basins, pedicure bowls etc.

What items need to be single use?

All non-metal equipment used must be single use, such as files, emery boards, toe separators, buffers or other porous equipment etc. Non-metal items must not be used on more than one client, they must be single use to prevent the spread of infection.

All such equipment must not be kept for the same client to use for a future visit, even if in named containers, as bacteria can breed during storage and lead to an infection.

How can I achieve disinfection of metal re-usable tools?

Barbicide or similar may be used for disinfection following thorough washing of the tools. Barbicide needs to be mixed daily in accordance with the manufacturers’ instructions, as this is alcohol based and the alcohol will evaporate making it ineffective over time.

Any equipment contaminated with blood, however small, must be disposed of as there is no means of sterilising equipment in nail bars (the only exception is where an autoclave is available).
Disinfecting wipes are not accepted as an alternative for tools as the wipe cannot get into all parts of the tool effectively.

I have a UV light box, can this be used to sterilise tools?

A UV light box will not sterilise tools and is not sufficient in itself to achieve disinfection. The UV light will only disinfect surfaces that the light reaches, it cannot kill bacteria on anything in shadow. It is therefore not reliable as any surfaces in shadow will not be disinfected and piling items on top of each other will not be effective at all. Furthermore, the bulb can reduce in effectiveness over time.

It is advised that Barbicide or similar be used to achieve disinfection and the items can then be placed in the UV Light box afterwards for further disinfection and then stored there.

Some businesses use pouches for items once disinfected, which are then opened in front of the client.

Can I use a razor or sharp holed pedicure file/grater?

The answer is No. Razors/scalpels/blades and sharp holed foot graters are not allowed to be used. This is due to the risk of infection following cuts, which are particularly serious for those with medical conditions such as diabetes. Furthermore, training does not cover this.

The hardened skin is also there to protect the foot and removing it will only mean that it grows back thicker and harder, so a more gentle approach to improve the softness of the protective skin layer is better.

Single use buffers or pumice stones must be used for pedicures. Footcare pedicure tools with replacement sandpaper or metal ones with a roughened (but not holed) surface can also be used.

If the feet are soaked for about 10 minutes in warm water prior to using these tools, then the treatment will be easier and more effective using these.

Can I have velour or fabric chairs?

There are now chairs available that are not smooth, impervious and easy to clean e.g. velour type chairs. These do not meet the conditions of the licence.

What about waste?

A trade waste collection should be arranged. Sharps waste is not required as no razor blades should be in use for nail treatments.

Are there any age restrictions?

No child under the age of 16 shall be permitted to have nail treatments without a parent or a guardian being present. In addition, the parent/guardian must sign a consent form for the child to have the treatment.

Do I need to keep records?

Yes, it is a condition of your licence that client records are kept including:

• the name of the person receiving treatment, including walk-ins/one offs;
• the time of admittance for treatment; and
• the name of the special treatment practitioner providing that treatment.

Client consultations must be carried out to ensure safety. Consultation should take place as part of the initial visit and prior to any treatment. This must include a thorough medical history in relation to the treatment being requested and a full explanation of any possible contra-indications and risks.

There are many examples of client record cards available for sale or on computer systems.

Do I need to keep records secure?

Security of personal data needs to be ensured. You can find out more regarding the requirements of the legislation in relation to data security on GOV.UK - GDPR Policy.

Do I need to give aftercare advice?

Written aftercare advice must be provided as well as verbal advice. You can also put the written advice on a poster so that clients can photograph this on their phone so that you do not need to always provide a printed sheet.

Can I bring a new person in on trial or as a trainee after receiving a licence?

It is an offence to allow unlicensed practitioners to provide treatments. Only the practitioners named on the licence can provide treatments. Should you wish anyone else to provide treatments, they must be added to the licence before providing any treatments.

Guest practitioners, part-time, temporarily employed practitioners or practitioners on trial must not provide licensable treatments on clients unless they have been added to the licence following prior consent by the Council and all such practitioners will need to be suitably qualified as above.

In addition, apprentice/trainee practitioners must not carry out special treatments without the consent of the Council. Only certain apprenticeships/traineeships are accepted but they must be named on the licence. Full details of this are in the conditions on the Bexley website and evidence of their apprenticeship/traineeship will need to be submitted to the Council.

How do I add a practitioner or apprentice to my licence?

The Add a practitioner application form can now be completed online. Alternatively, you can complete a licensing enquiry form to request a paper application form.

Should you have any further queries about the application process once you have read this guidance, please complete a licensing enquiry form.

When do I need a licence?

If you are considering setting up a business for microblading in premises in the London Borough of Bexley (even your own residential home), you will need a special treatment licence.

What if I want to provide microblading to customers in their own homes within the London Borough of Bexley?

If you treat people in their own homes, in other words, you are a mobile practitioner, this is outside the scope of the legislation and you do not need to apply. This guidance applies to all London Boroughs, but not neighbouring Boroughs, such as Dartford and Sevenoaks and you will need to contact each Local Authority to find out what their requirements are.

How do I apply?

An application form for the grant of a special treatment licence needs to be completed. This application must be completed correctly and fully. In addition, the appropriate fee must be paid in full before it is considered a valid application.

Information and application forms are available at Special treatment premises licence.

Once valid the Council has 28 days to consider your application and will contact statutory consultees for comments.

What is the fee?

Microblading is classified as a category B special treatment and the fees can be accessed at Special treatment fees.

These fees are reviewed annually so always check you are looking at the most up to date fees.

Before you apply consider the following

Competition

There are a large number of people considering doing microblading at present, and it may not generate the level of income you have been led to believe.

This is particularly important as it is costly to set up a treatment room for microblading from scratch. Please do your research carefully of other people who may be offering this locally.

Do I need planning permission?

You may need planning permission (even for your residential property) and you should seek advice from the London Borough of Bexley planning department prior to any investment being undertaken. They can be contacted by email at DevelopmentControl@bexley.gov.uk

What qualifications do I need?

There are many courses on offer at present for microblading, however, the only qualifications that will be accepted by the London Borough of Bexley to carry out this licensable treatment are as follows:

• VTCT Level 4 Certificate in Microblading Techniques
• VTCT Level 4 Certificate in Enhancing Eyebrows with Microblading Techniques
• any other Level 4 (NVQ) Certificate in Microblading provided it is listed on the Ofqual website as a regulated course

What will I need in the treatment room?

Find the conditions applicable for special treatments on the Ofqual website. You will need to meet all the conditions in Parts I, II and the relevant sections of the specific tattooing conditions in part III, MST 4. These conditions are reviewed from time to time, so again please check that you are looking at the most up to date version.

In particular, consider this process as akin to surgery, so infection control is of paramount importance and the following will be needed (this list is not exhaustive but highlights some of the requirements):

• internal walls, doors, windows, partitions, floors or floor coverings, ceilings, heating, lighting and ventilation, in all parts of the premises used by the client and operator must be constructed of smooth impervious materials which are easy to clean and must be maintained in good repair and condition - NB: bare exposed timber and lapped timber is not acceptable
• all equipment, fittings and furniture must be smooth, impervious and easy to clean
• you must have a wash hand basin within the treatment room with a supply of hot and cold water (or mixed tap), anti-bacterial soap and suitable hand drying facilities - NB: portable wash hand basins are only accepted in exceptional circumstances and can only be of a particular type, so this must be discussed with the Licensing Officer, Jenny Seal before you go ahead with any works
• lighting must be adequate for cleaning and treatment
• there must be adequate ventilation

Other requirements include for example:

• the treatment room must be warm enough for the comfort of the client
• you will need access to a suitable toilet
• you must have a current electrical installation certificate
• you will need any portable electrical equipment PAT testing (unless purchased within the last 12 months)
• you may need a gas safety certificate

What about the microblading tool?

The whole tool must be single-use and disposable, not just the blade/needles. Re-usable tools, even with single-use blades/needles, will not be accepted within the London Borough of Bexley for microblading as disinfection is not sufficient and most microblading practitioners do not have access to any means to achieve sterilisation, such as an autoclave.

What about waste?

• a clinical waste contract will be required for the safe disposal of all sharps. Consider your costs as disposing of the whole tool will fill up a sharps container faster than it just being the blade/needles
• offensive waste generated must be disposed of safely (see full conditions)

Can I use anaesthetics?

• prescription-only medicines (POMs) cannot be administered by you as the practitioner
• all injectable anaesthetics are classified as POMs and therefore no anaesthetic injections must be administered by you
• the use of TAG45 or other such products which are not licensed for use in the UK is prohibited
• the use of A.C.Tfast or other similar products containing epinephrine or adrenalin is prohibited
• other topical pharmacy only (P medicines) anaesthetics must not be obtained and applied by you as the practitioner. Such products may be obtained and applied by the client, and the client must be advised to read the full instructions and contra-indications prior to use
• topical anaesthetics that advise that the product must not be used on broken skin must not be applied part way through a procedure

Whatever training you may have been given, these are the requirements and breaching the conditions is an offence.

Are there any age restrictions?

Microblading is regarded the same as tattooing, therefore microblading must not be carried out on a client under the age of 18 years. This is prohibited under the Tattooing of Minors Act 1969, and you could be prosecuted if you carry out this treatment on an underage client, even if you have consent from an adult/parent/legal guardian. A policy of 'Challenge 25' is operated in this Borough, and more details can be provided on this if you go ahead.

Should you have any further queries once you have read this guidance please contact jenny.seal@bexley.gov.uk

Guidance on Setting up a Business for special treatments involving Laser or Intense Pulsed Light (IPL) within Bexley

When do I need a licence?

If you are considering setting up a business for laser or intense pulsed light (IPL) for cosmetic procedures in a premises in the London Borough of Bexley (even your own residential home), you will need a special treatment licence. Cosmetic procedures can include as examples: hair removal, tattoo removal, spider/thread vein and red spot treatment, vascular blemish treatments; port-wine stain removal; photo rejuvenation treatments; skin resurfacing and blemish removal.

Registered medical practitioners who use IPL or lasers to treat disease, disorder, or injury have to register with the CQC.

These fees are reviewed annually so always check you are looking at the most up to date fees.

Before you apply consider the following:

Competition

There are a large number of people now making enquiries about doing laser/IPL treatments at present, and it may not generate the level of income you have been led to believe.

This is particularly important as it is costly to set up a treatment room and expensive to have the equipment you need and training from scratch. Please do your research carefully of other people who may be offering this locally.

Do I need planning permission?

You may need planning permission, even for your residential property. Whether your proposal constitutes a material change of use that requires planning permission will be a matter of fact and degree, and will depend upon a number of factors, such as the times that treatments will be undertaken, numbers of visitors to the property, etc. The London Borough of Bexley welcomes and encourages pre-application discussion. Details of this service can be found at planning pre-application advice service.

Planning can be contacted by email at DevelopmentControl@bexley.gov.uk

All the standard conditions need to be met so please be sure that you can meet these - Standard conditions for special treatment premises (PDF).

You may also need Building Regulations Approval if you are changing the drainage or erecting a structure in the garden, so please check with Building Control. They can be contacted by telephone at 020 8303 7777 or by email at building.control@bexley.gov.uk

What qualifications do I need?

There are three elements you need for training.

Firstly, a qualification in a course regulated by Ofqual is required:

Laser / IPL

• ITEC Level 4 Diploma In Laser and Light Treatments
• CIBTAC Level 4 Certificate In Laser and Light Skin Rejuvenation (QCF)
• VTCT Level 4 Award in Laser and Light Treatments for Skin Rejuvenation (QCF)
• ITEC Level 4 Diploma in Laser and Intense Pulsed Light Treatments
• IAO Level 4 Certificate In Laser and Intense Pulsed Light Treatments (RQF)
• City & Guilds Level 4 Award In Laser and Light Treatment for Skin Rejuvenation (QCF)
• VTCT Level 4 Certificate in Laser and Intense Pulsed Light (IPL) Treatments
• City & Guilds Level 4 Award In Laser and Light Treatment for Hair Removal (QCF)
• ITEC Level 4 Certificate in Laser and Light Treatments for Skin Rejuvenation
• City & Guilds Level 4 Award In Laser and Light Treatment for Hair Removal (QCF)
• CIBTAC Level 4 Certificate In Laser and Light Hair Removal (QCF)

Specific treatments given must be within the level 4 training undertaken, otherwise higher levels of training are required.

Level 5 training is required for tattoo removal.

Secondly, you need Core of Knowledge training. This must be provided by a certified Laser Protection Adviser (LPA). Core of knowledge training by other providers will not be accepted.

The Core of Knowledge training should be refreshed every 5 years.

Thirdly you need to provide evidence of training for the specific laser/IPL equipment you will be using. The manufacturer of the equipment should be able to assist you.

What will I need in the treatment room?

Find the conditions applicable for special treatments on Standard conditions for special treatment premises (PDF).

You will need to meet all the conditions in Parts I, II and Part III - MST 9 Non-Surgical Lasers, Intense Pulse Light (IPL) & Light Treatment. These conditions are reviewed from time to time, so again please check that you are looking at the most up to date version.

The following will be needed (this list is not exhaustive but highlights some of the requirements):

a. Internal walls, doors, windows, partitions, floors or floor coverings, ceilings, heating, lighting and ventilation, in all parts of the premises used by the client and operator must be constructed of smooth impervious, non-reflective materials which are easy to clean and must be maintained in good repair and condition.

Bare exposed timber and lapped timber is not acceptable.

b. All equipment, fittings and furniture must be smooth, impervious and easy to clean.
c. All surfaces in the room must be non-reflective (e.g. check the fittings, tables, trolleys, ceiling lighting (there should be no mirrors or glass-fronted pictures).
d. You must have a wash hand basin within the treatment room (non-reflective) with a supply of hot and cold water (or mixed tap), anti-bacterial soap and suitable hand drying facilities.

Portable wash hand basins are only accepted in exceptional circumstances and can only be of a particular type, so this must be discussed with the Licensing Officer, Jenny Seal before you go ahead with any works.

e. Lighting must be adequate for cleaning and treatment.
f. There must be adequate ventilation. Good air-conditioning is preferable.
g. Lockable doors/windows that can be blacked out (a lock cancellable from the outside is required to ensure that access to the room can be achieved in an emergency).
h. An interlock cancelling the Laser / IPL when door opened may be acceptable if locking is not preferred (LPA will advise).
i. You will need a treatment bed that is smooth, impervious and easy to clean. This must be in good condition and maintained as such.
j. For most of the more powerful lasers, a 32-amp single-phase electrical supply is usually required.
k. Adequate space to move freely once all the equipment is in place.

Other requirements include for example:

l. The treatment room must be warm enough for the comfort of the client.
m. You will need access to a suitable W.C.
n. You must have a current electrical installation certificate.
o. You will need any portable electrical equipment PAT testing (unless purchased within the last 12 months).
p. You will need a gas safety certificate if you have gas on the premises.
q. Servicing records of the laser/IPL equipment must be available for inspection.

What about the equipment?

The equipment must be suitable and be CE marked. All lasers/IPL must comply with current standards BS EN 60601-2-22:2013 for medical lasers and BS 60601-2-57: 2011 for IPLs and must identify their wavelength or range of wavelengths and the maximum pulse fluence/energy/power of the radiation emitted.

Other guidance is available on how to select equipment. Be very careful of cheaper lasers that may not meet the required standards.

The correct eyewear must be available (both for the practitioner and client) for the LPA to inspect as part of the site visit. Again, it is vital that you purchase the correct eyewear, you should seek the advice of the LPA if you are not certain that any eyewear supplied with the laser is correct.

Do I need to have expert advice and help?

You must appoint a certified Laser Protection Adviser (LPA).

The LPA shall either be approved by RPA 2000 or the Association of Laser Safety Professionals.

The Council cannot recommend an LPA, however, there are two known to work regularly in this local area:

Stanley Batchelor
Telephone 07962 083351
Email stanadviser@gmail.com
Independent Radiation & Laser Protection Adviser
RPA 2000 certificated RPA and LPA and National Assessor
FSRP FIPEM MInstP CPhys CRadP CSci

Or

Dr Godfrey Town PhD
Medical Scientific Consultancy
Contact sales@gcghealthcare.co.uk
Telephone 01444 484 911

Please feel free to look at the list of other certified LPA’s to see whether they can help you and compare fees.

What does the LPA do?

The certified LPA must carry out an initial site visit to assess the room and to assist you with the production of your local rules and risk assessment.

A set of treatment protocols should also be available that has been produced and signed by an Expert Registered Healthcare Professional (ERHP) in relation to the equipment being used. If you have a set of Protocols, but they are not signed by an ERHP, seek advice from your LPA as to whether they are acceptable.

You will also need to have ongoing access to safety advice from the certified LPA.

Any documentation or checks provided by a non-certified/Laser Safety Adviser will not be accepted.

What client records will I have to keep?

Please read the conditions in full, in particular, MST 9 for the requirements for consultation, records keeping and maintenance of a register.

Are there any age restrictions?

No child under the age of 16 shall be permitted to have laser/IPL/Light treatment without a parent or a guardian being present and written consent from their GP. In addition, the parent/guardian must sign a consent form for the child to have the treatment.

A policy of “Challenge 25” is operated in this Borough, and more details can be provided on this if you go ahead.

How do I apply?

An application form for the grant of a special treatment licence needs to be completed. This application must be completed correctly and fully. In addition, the appropriate fee must be paid in full before it is considered a valid application.

Information and application forms are available at Special treatment premises licence.

Once valid the Council has 28 days to consider your application and will contact statutory consultees for comments.

What is the fee?

Laser/IPL treatments are classified as a Category A special treatment and the fees can be accessed at Special treatment licensing fees.

When should I apply?

You will need to supply all documentation required by the application form at the time of applying for it to be valid.

We do not accept letters from colleges regarding the completion of courses. You will need the actual certificate or as a minimum electronic confirmation from the regulating body whilst awaiting the actual certificate to be posted.

The consultation period, once an application is accepted as valid is 28 days, and then time is needed for Director approval before the licence can be issued, so please bear this in mind.

Should you have any further queries once you have read this guidance please contact jenny.seal@bexley.gov.uk

Is there any other useful guidance that I should look at?

• Essential Standards on BMLA
• Treatment Guidelines on BMLA
• Clinical Guidance for Laser Procedures during the COVID-19 Pandemic on BMLA
• Drugs and Laser IPL's on BMLA
• Lasers, intense light source systems and LEDs on GOV.UK
• Laser and light therapy (LIPLED) / Energy based devices on Joint Council for Cosmetic Practitioners

Part II of the London Local Authorities Act 1991.

Who can make representations/objections to an application?

1. It is open to ‘any person’ to make representations/objections to an application. That is:

• an individual
• the representative of a group of individuals, such as a residents association*
• a body or business**
• the representative of a group of businesses, such as a trade association*; or
• a Local Councillor

* If you are making representations/objections on behalf of a group of individuals or businesses, you will need to be able to show? Evidence that the representations/objections you submit reflect the view(s) of the group. This can be achieved by having available a copy of the minutes of the meeting where the group’s members decided to make representations/objections to the application.

**A person involved in business is not necessarily confined to those engaged in trade and commerce. It could, for example, include charities, churches and medical practices.

2. Anonymous representations/objections will not be accepted. Therefore, the person making the representations must provide their name and address, and if made on behalf of a group of individuals or businesses, the name and address of the group.

When can representations/objections be made?

3. Representations/objections to applications must be received during the ‘consultation period’. The ‘consultation period’ runs for 28 days, commencing on the day the Council (Licensing Team) receives a ‘full and proper’ application.

4. Representations/objections received after the ‘consultation period’ has closed will not ordinarily be considered.

Are there restrictions as to what representations/objections can be about?

5. Yes, to be ‘relevant’ representations/objections must relate to one, or more, of the grounds on which the Council may refuse an application. The grounds of refusal are:

• the premises are not structurally suitable for the purpose
• there is a likelihood of nuisance being caused by reason of the conduct, management or situation of the premises or the character of the relevant locality or the use to which any premises in the vicinity are put
• the persons concerned or intended to be concerned in the conduct or management of the premises used for special treatment could be reasonably regarded as not being fit and proper persons to hold such a licence
• the persons giving the special treatment are not suitably qualified
• the premises have been, or are being, improperly conducted
• the premises are not provided with satisfactory means of lighting, sanitation and ventilation
• the means of heating the premises are not safe
• proper precautions against fire on the premises are not being taken
• they are not satisfied as to the safety of equipment used in the special treatment or as to the manner in which the treatment is to be given
• they are not satisfied as to the safety of the special treatment to be given
• satisfactory means of escape in case of fire and suitable means for fighting fire are not provided on the premises
• the applicant has, within the period of five years immediately preceding the application to the borough council, been convicted of an offence under this Part of this Act; or
• the applicant has failed to comply with the requirements of subsection (4) or (6) of section 7 of this Part II of the Act ( pay the fee and provide all the information required to make an application).

6. No regard will be had to irrelevant and/or anonymous representations.

Can a petition be submitted?

7. Yes, but only where:

• the names and address of the ‘petition organiser’ is provided; and
• the grounds of the petition relate to one of the grounds of refusal (as set out in 5 above)

8. Any petition submitted that fails to comply with 7 above will not be considered.

9. For a petition to carry the maximum weight it should have the grounds of the petition clearly set out at the top of each page; the name and address (in block capitals) of each person who signs it, followed by their signature and finally the date they signed the petition.

10. Where a petition is submitted the Licensing Team will only communicate with the ‘petition organiser’.

Will the applicant be informed of any representations/objections?

11. Yes, at the end of the 28 day ‘consultation period’ the applicant is provided with a copy of any representations/objections that have been made to the application. The name and address of the individual who has made the representations/objections will not be removed.

Can an application be changed at this stage?

12. Yes, having read the representations/objections the applicant may decide to amend their application in an attempt to resolve matters.

Any amendment at this stage cannot extend the boundaries of the application. For example, an amendment to reduce the operating hours would be allowed; one to extend them would not.

13. Where an application is amended the Licensing Partnership will contact all persons who have made representations/objections to ascertain if having regard to the amendments they wish to continue with their representations/objections.

14. Any person who decides to withdraw their representations/objections following amendments to an application must do so in writing (letter or email).

What happens if representations/objections continue to be made?

15. The application is referred to the Council’s Licensing Sub Committee to determine. They do this by way of a public hearing. All persons who have made representations, and have not withdrawn them, will be invited to attend this hearing and address the Sub Committee.

16. A report is prepared for the hearing, which will include a copy of any representations/objections that are continuing to be made to an application. The report is a public document and this means that an individual’s name and address will then be in the public domain; albeit house numbers, emails, telephone numbers and signatures will be redacted.

17. Guidance notes on the hearing procedure will be sent out at the time an individual is notified of the date and time.

What happens if I want to remain anonymous?

18. You should contact your Ward Councillor to see if they are willing to make representations/objections on your behalf. If they agree there is no requirement that they reveal the name and address of any individual they represent.