Agenda, decisions and minutes

To receive any apologies for absence.

Apologies were received from Cllr Alan Jones Evans and Cllr Hefin Underwood

To receive any declaration of personal interest.

None to note

To note any items that are a matter of urgency in the view of the Chairman for consideration.

None to note

The Chairman shall propose that the minutes of the meeting of this Committee, held on 10th June 2024 be signed as a true record. 

The Chair signed the minutes of a meeting of the committee held on 10 June 2024 as a true record

To submit, for information, minutes of the Central Licensing Sub-committee meetings held on the following dates –

a)     10-06-24

b)     25-07-24

c)     06-09-24

Submitted and received for information, the minutes of the Central Licensing Sub-Committees held on 10 June 2024, 25 July 2024 and 6 October 2024

To consider the report and approve the sub-delegation of the functions delegated to the Central Licensing Committee under the Public Health (Wales) Act 2017 to the Central Licensing Sub-committee.

To approve sub-delegation of functions delegated to the Central Licensing Committee under the Public Health (Wales) Act 2017 to the Central Licensing Sub-committee

A report was presented by the Licensing Manager detailing a new Welsh Government 'Special Procedures' licensing scheme which would be implemented in November 2024 under Part 4 of the Public Health (Wales) Act 2017; including the Special Procedures (Wales) Regulations 2024 and the Special Procedures Licensing Committees (Wales) Regulations 2024.

Members were reminded that the Committee, at a meeting in December 2023, had received information on the main requirements and implications of the scheme together with a presentation of the main principles from Dr Sarah Jones, Senior Environmental Health Adviser to the Welsh Government.

It was reported that the intention of the scheme was to reduce the health risks associated with treatments such as tattooing, semi-permanent skin colouring, cosmetic piercing, acupuncture, dry needling and electrolysis, and the new licensing scheme would be mandatory. The new procedure would involve Local Authorities being asked to be responsible for enforcing licensing requirements and keeping a register of special treatment licences issued by them. Special Treatment Practitioners would be required to demonstrate their competence to undertake these treatments by completing training and being subject to inspection by Public Protection Officers (Environmental Health Officers). They would also have to provide a Basic DBS as part of their licence application.

Attention was drawn to the role of the Central Licensing Committee, by noting that the 2017 Act (clause 21, Schedule 3) delegated certain functions to the Authority’s licensing committee established under the Licensing Act 2003 (i.e. the Central Licensing Committee), which allowed the Committee to make decisions in relation to those functions. It was noted that Public Protection Officers would serve a Warning Notice to those practitioners who did not respond to the requirements of the scheme, although the practitioners would have the right to respond. It would be the responsibility of the Central Licensing Committee to consider those responses and decide whether action should be taken in accordance with the steps set out in the Warning Notice. It was reiterated that the Licensing Act 2003 allowed the Central Licensing Committee to delegate this function to an established Central Licensing Sub-Committee and Members who were experienced in considering and deciding applications.

Thanks were expressed for the report.

During the ensuing discussion, the following observations were made by members:

·       Welcomed the new scheme

·       Supported the need to monitor practitioners' work – too many examples of poor treatments

·       Need to consider the suitability of settings

·       Suggestion to place a badge on property / vehicle window highlighting the standard

In response to the comments, the Licensing Manager noted that the group implementing the new powers was in the process of creating robust statutory guidance and stringent procedures in line with the Public Health Act that would take into account settings, hygiene standards, safety and legal matters. The Licensing Department would be able to consider whether a settings Suitability Policy was required in future. It was added that the legislation was coming into force in response to examples of poor treatments that had led to the need to enforce a  ...  view the full minutes text for item 6.