Licence for Skin Piercing or Tattooing – Conditions
Orkney Islands Council
Civic Government (Scotland) Act 1982
Note – It is a criminal offence in terms of section 7(2) of the Civic Government (Scotland) Act 1982 to fail to comply with any condition imposed on this licence.
Definitions
“licence holder” means the person, persons, company, firm, public body or voluntary organisation named in the licence;
“premises” means the premises specified in the licence;
“acupuncture” means the insertion of needles into living tissue for remedial or therapeutic purposes;
“cosmetic body piercing” means the perforation of the skin and underlying tissue in order to create a tunnel in the skin through which jewellery may be inserted;
“electrolysis” means the removal of body hair by electrocution of the hair roots with an electrified needle;
“skin piercing” includes any of the following:
acupuncture;
cosmetic body piercing; or
electrolysis;
“tattooing” means the insertion into the skin of any colouring material designed to leave a semi-permanent or permanent mark including micro-pigmentation;
“sharps container” means a container used for holding medical waste and devices, which can cause physical injury;
“ultrasonic cleaner” means a cleaning device, which uses sound waves propagated through an aqueous medium at frequencies higher than the audible range.
Mandatory Conditions
Mandatory conditions are imposed by the Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006 and the Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006. The mandatory conditions are numbered in accordance with the Orders.
Conditions 1 and 2 are pre-conditions which must be met prior to the issue of a licence.
Activity to be carried out wholly or mainly in Premises
1. (a) Separate rooms are provided for:
the waiting area; and
the carrying out of skin piercing or tattooing.
(b) The waiting area has displayed a notice advising:
that skin piercing and tattooing will not be carried out on any person under the influence of alcohol or drugs;
that skin piercing will not be carried out on any child under the age of 16 unless accompanied by a person who has parental rights and responsibilities in respect of that child and who has also given their consent in writing to the skin piercing; and
that tattooing will not be carried out on any person under the age of 18.
(c) The room to be used for the purposes of carrying out the skin piercing or tattooing has the following facilities:
a wash-hand basin with hot and cold running water and which uses non-hand operated taps;
a paper towel holder containing paper towels;
a soap dispenser containing soap;
a washable bench or chair with disposable paper sheet;
a dispenser containing alcohol solution;
a waste bucket with a pedal operated lid;
a sharps container for storage of needles after use;
a first aid kit; and
there is a general purpose sink with hot and cold running water on the premises separate from the wash-hand basin required at 3(i) above.
(d) Unless only disposable instruments are used within the premises for skin piercing or tattooing, the following equipment is stored and properly maintained for use on the premises:
ultrasonic cleaners;
instrument baths; and
autoclaves and autoclaves pouches.
(e) The premises are well ventilated and illuminated for the purposes of skin piercing and tattooing.
2. In the case where the business provides only ear piercing and no other kind of skin piercing or tattooing:
(a) A separate area with a washable chair with disposable paper sheet has been designated for the carrying out of ear piercing;
(b) The designated area has displayed a notice advising:
that ear piercing will not be carried out on any person under the influence of alcohol or drugs; and
that ear piercing will not be carried out on any child under the age of 16 unless accompanied by a person who has parental rights and responsibilities in respect of that child and who has also given their consent in writing to the skin piercing;
(c) The premises to be used for the purposes of carrying out ear piercing has the following facilities:
a wash-hand basin with hot and cold running water;
a paper towel holder containing paper towels;
a soap dispenser containing soap;
a dispenser containing alcohol solution; and
a waste bucket with a pedal operated lid; and
(d) The premises are well ventilated and illuminated.
3. (a) The accommodation and facilities within the premises are to be maintained in good repair and in a good state of cleanliness.
(b) Only sterile single use disposable needles may be used for skin piercing or tattooing.
(c) For the purposes of tattooing, only sterile pigment dispensed into single use pots or ink pre-packed in single use vials may be used.
(d) The activity of tattooing or skin piercing (other than acupuncture) must be carried out by an operator wearing disposable non-latex gloves, which must be changed for each client.
(da) Subject to paragraph (db), the activity of acupuncture must be carried out by an operator who has washed their hands immediately before carrying out the activity of acupuncture on each client.
(db) The activity of acupuncture must be carried out by an operator wearing disposable non-latex gloves that have not previously been used with another client where:
the operator has an open lesion on their hands;
the operator is handling items that may be contaminated with blood or other body fluids;
the client is bleeding or has an open lesion on an exposed part of the client’s body; or
the client is known by the operator to be infected with a blood-borne virus.
(e) A supply of the following must be maintained:
disposal non-latex gloves;
sterile single-use disposable needles; and
where tattooing is provided within the premises, disposable razors.
(f) Any equipment which is not disposable shall be sterilised, if practicable, or thoroughly cleaned with fresh disinfectant after each use.
(g) Skin piercing shall not be carried out on a child under the age of 16 unless accompanied by a person who has parental rights and responsibilities in respect of that child and who has also given their consent in writing to the skin piercing.
(h) Any equipment which is disposable must be disposed of immediately after use in an appropriate waste receptacle.
(i) For ear piercing:
a sterile cartridge for ear piercing; and
pre-sterilised jewellery supplied in packaging which indicates the part of the body for which it is intended,
must be used.
(j) For tongue piercing, a sterilised clamp must be used.
(k) Information, in an easy to understand format, must be provided to prospective clients to explain:
the process of the skin piercing or tattooing;
the risks of the procedure; and
the aftercare requirements of the procedure.
Activity not to be carried out wholly or mainly in Premises
4. (a) Disposable non-latex gloves must, except for the activity of acupuncture, be worn and changed for each client.
(aa) Subject to paragraph (ab), the activity of acupuncture must be carried out by an operator who has washed their hands immediately before carrying out the activity of acupuncture on each client.
(ab) The activity of acupuncture must be carried out by an operator wearing disposable non-latex gloves that have not previously been used with another client where:
the operator has an open lesion on their hands;
the operator is handling items that may be contaminated with blood or other body fluids;
the client is bleeding or has an open lesion on an exposed part of the client’s body; or
the client is known by the operator to be infected with a blood-borne virus.
(b) The skin piercing or tattooing may only be carried out through use of disposable razors or sterile single use disposable needles.
(ba) For the purposes of tattooing, only sterile pigment dispensed into single use pots or ink pre-packaged in single use vials may be used.
(c) Any seating used for the skin piercing or tattooing must be washable and covered with a disposable paper sheet which shall be renewed after each use.
(d) Any equipment which is not disposable shall be sterilised if practicable or thoroughly cleaned with fresh disinfectant after each use.
(e) Any equipment which is disposable must be disposed of immediately after use in an appropriate waste receptacle.
(f) For tongue piercing, a sterilised clamp must be used.
(g) For ear piercing:
a sterile cartridge for ear piercing; and
pre-sterilised jewellery supplied in packaging which indicates the part of the body for which it is intended,
must be used.
(h) Skin piercing shall not be carried out on a child under the age of 16 unless accompanied by a person who has parental rights and responsibilities in respect of that child and who has also given their consent in writing to the skin piercing.
(i) Information, in an easy to understand format, must be provided to prospective clients to explain:
the process of the skin piercing or tattooing;
the risks of the procedure; and
the aftercare requirements of the procedure.
Local Conditions
Local Conditions – General
5. The licence holder must surrender the licence if and when called upon to do so by the licensing authority for the purpose of alteration in accordance with any decision of the licensing authority.
6. The licence holder shall notify the licensing authority in writing within 14 days of any change from the information provided in the original licence application.
7. The licence holder shall ensure that they are covered by an adequate policy of public liability insurance with a reputable company and an appropriate certificate shall be displayed at all times on the premises or, where the activity is not carried out mainly from premises, be available for inspection.
8. The licence holder shall ensure that any client who presents a condition that is a contra-indication to the skin piercing or tattooing procedure be asked to seek medical advice from their GP prior to the treatment being carried out. Written authorisation from the client’s GP shall be provided prior to any treatment being undertaken. A copy of this information shall be retained with the written records of the client’s personal details.
9. The licence holder shall ensure that a pre-treatment questionnaire is completed for each client, which has been signed by the operator and countersigned by the client. Questionnaires should address sharps injury or where the client has blood borne infections.
10. The licence holder shall ensure the following written records of the client’s personal details are retained for a period of 3 years:
name, address and contact telephone number;
date of birth;
relevant medical history;
procedure undertaken, including position on the body, type of jewellery used (if applicable);
name of the practitioner who carried out the skin piercing or tattooing;
date and time when the skin piercing or tattooing was undertaken;
details of any reported problems associated with skin piercing or tattooing.
11. The licence holder shall ensure that written information is provided to each client explaining the appropriate aftercare requirements for the skin piercing or tattooing provided. This must include the contact details of the operator.
12. The licence holder shall ensure that every operator is capable of demonstrating that they have sufficient knowledge, skill, training and experience commensurate with the skin piercing or tattooing activities they carry out. The licence holder shall retain a record of the information provided.
13. The licence holder shall ensure that persons undergoing training or practical experience in skin piercing or tattooing shall remain under the direct supervision of a competent person at all times.
14. The licence holder shall ensure that all operators maintain an acceptable standard of personal cleanliness.
15. The licence holder shall ensure that any equipment liable to come in to contact with bodily fluids and which is not disposable and cannot be sterilised (e.g. tattoo motors) shall be protected from such contact, so far as is reasonably practicable, and cleaned as per manufacturer’s instruction or, in the absence of manufacturer’s instruction, cleaned with appropriate detergent and water followed by disinfection after each use.
16. The licence holder shall ensure that all inks used for tattooing purposes have an indication of their durability on all labels and that they are used and stored in accordance with any manufacturer’s instructions.
17. All products such as antiseptic creams, petroleum jelly, inks, tattoo stencils etc. used for skin piercing or tattooing must be single use or dispensed using a sterile single use instrument to a sterile single use receptacle. Products, instruments and receptacles shall be renewed for each client.
18. All used forceps, kidney dishes, needle bars, ink capsule holders, clamps and other equipment in close contact with a break in the skin or mucous membranes shall be cleaned, ultrasonically cleaned and autoclaved prior to use on the next client.
19. The licence holder shall ensure that equipment with hollow cavities, equipment wrapped or enclosed in pouches or porous loads are sterilised using an appropriate vacuum autoclave that is deemed appropriate for that purpose by the manufacturer.
20. The licence holder shall ensure that piercing guns are not used for piercing the ear or nose cartilage unless they are designed to do so.
21. The licence holder shall ensure that only pre-sterilised jewellery supplied in packaging, which indicates the part of the body for which it is intended, is used with ear piercing and nose piercing guns; and that such jewellery is only inserted into the part of the body for which it is intended.
22. The licence holder shall ensure that only single use disposable razors are used to assist with skin piercing or tattooing.
23. The licence holder shall ensure that all jewellery to be inserted in the skin created by skin piercing must be sterile prior to insertion.
24. The licence holder shall ensure that all jewellery is compliant with the Dangerous Substances and Preparations (Nickel) Safety Regulations.
25. The licence holder shall ensure that all equipment used in conjunction with skin piercing or tattooing is stored in such a way as to ensure its cleanliness.
26. The licence holder shall ensure that prior to skin piercing or tattooing all operators shall thoroughly wash their hands with a suitable soap and hot water and dry with clean disposable paper towels.
27. Prior to any treatment being carried out, the area of the body to be treated shall be cleaned using an appropriate skin safe antiseptic.
28. For skin piercings, if the area to be pierced requires to be marked, a single use water based marker pen or single use markers must be used.
29. The licence holder shall make available to every operator inoculations against Hepatitis B.
30. The licence holder shall ensure that suitable recorded risk assessments are undertaken of their activities. Risk assessments should address sharps injury or where the client has blood borne infections.
31. The licence holder shall ensure all operators hold a current first aid certificate to foundation (1-Day) level.
32. The licence holder shall ensure that waste that comprises clinical waste as defined in the Controlled Waste Regulations 1992 shall be disposed of by a contractor licensed under the appropriate Regulations. Records of the disposal of all waste shall be retained on the premises.
33. The licence holder shall ensure that all waste designated as clinical waste shall be stored, collected and disposed of in accordance with the Environmental Protection Act 1990 and the Controlled Waste Regulations 1992.
34. The licence holder shall ensure that a suitable sharps container for the storage of needles after use is provided which conforms to the British Standard requirements and is stored out of reach of the client.
35. The licence holder shall ensure that domestic waste and clinical waste is appropriately segregated and stored in appropriately marked bags.
36. The licence holder shall ensure that pressure systems used, which fall within the scope of the Pressure Systems Safety Regulations 2000, shall be the subject of a written scheme of examination and shall be examined in accordance with that written scheme of examination, as required by the Regulations. A copy of the written scheme of examination and the examination results shall be available for inspection.
37. In addition to the calibration and pressure tests required by the Pressure Systems Safety Regulations 2000, autoclaves shall be subject to regular tests as recommended by the manufacturers’ or other appropriate guidance to ensure their effective operation. The results of the tests shall be recorded in a logbook for the autoclave and this shall be retained by the licence holder and be available for inspection.
Local Conditions – Activity to be carried out wholly or mainly in Premises
38. The licence permits the use of the premises specified therein as a place for the carrying on of a business, which provides skin piercing or tattooing, as defined in the licence. The licence must be exhibited in the premises in such a place and in such a manner as to be easily read by the public.
39. The licence holder or, in the absence of the licence holder, a person authorised by them, must be in charge of the premises during licensed activities and must not be engaged in duties which might prevent the exercising of general supervision of the premises.
40. The licence holder shall ensure a full-face photograph of each operator is clearly displayed in the waiting area so that all customers may easily identify him or her.
41. The licence holder shall ensure the tables, couches and seats used for the purposes of skin piercing and tattooing shall be thoroughly disinfected between treatments and at the end of each working day.
42. The licence holder shall ensure that all skin piercing and tattooing activities are undertaken in conditions of appropriate privacy.
43. Electrical systems at the premises shall comply with the current legislation and with the Institute of Electrical Engineers Wiring Regulations (BS7671:2001) applicable at the time of the installation or any subsequent replacement or renewal. Electrical systems shall include both fixed installations and electrical equipment. The Council may at any time require the licence holder, within a reasonable period of time, to effect such remedial works as may be necessary to ensure that the said installations comply with the current legislation and regulations.
44. The licence holder shall produce electrical certificates for the electrical systems and will make them available upon request.
45. Where written consent has been provided in accordance with Mandatory Conditions 1(b)(ii) or 2(b)(ii) above, the person having the parental rights and responsibilities shall include in their written consent:
their relationship to the client;
the name, address and age of the person to be pierced;
the type of piercing;
the type of body jewellery to be used; and
the consent must be signed and dated by them.
46. In addition to complying with Mandatory Condition 3(b) above, the licence holder shall ensure that new needles shall be used for each client.
47. In addition to complying with Mandatory Condition 3(d) above, the licence holder shall ensure that the disposable non-latex gloves used must offer sufficient protection for the task being undertaken and must be changed as necessary during the skin piercing or tattooing procedure.
48. In addition to complying with Mandatory Condition 3(e) above, the licence holder shall ensure that where applicable supplies of the following items are available at all times:
appropriate cleaning, disinfection and sterilisation products;
autoclave pouches (where an appropriate vacuum autoclave is used for sterilisation of instruments).
49. The licence holder shall ensure that every prospective client has read and understood the information required to be provided under Mandatory Condition 3(k) above, prior to undertaking skin piercing or tattooing.
Local Conditions – Activity not to be carried out wholly or mainly in Premises
50. The licence holder shall carry at all times a copy of their skin piercing/tattooing licence when undertaking such activities, and this must be made available to clients or officers from the Council upon request.
51. The licence holder shall have appropriate means of identification at all times, including photographic evidence so that all customers may easily identify him or her.
52. The licence holder shall produce electrical certificates for all portable electrical appliances and will make them available upon request.
Orkney Islands Council 2014.
Version: 2018-06-14.