Sunbeds, sunbeds and sunbeds!

As part of the pre-election sweep up of legislation, the Sunbeds (Regulation) Act 2010 received Royal Assent on 8 April and as such will come into effect on 8 April 2011. It will affect hotels and gyms offering sunbeds for the use of members or guests, in addition to the more obvious “tanning salon”.

The principal purpose of the Act is to seek to prevent persons aged under 18 from using sunbeds. Businesses which offer sunbeds for use on their premises would be banned from allowing persons aged under 18 to use or have access to their sunbeds, and from offering their sunbeds for use by persons aged under 18. The Act includes regulation-making powers which would allow the further regulation of sunbed use and imposes on Local Authorities enforcement responsibilities.

A “sunbed” encompasses all types of electronic devices which emit ultra-violet (UV) radiation where the purpose of the emission is tanning. The size of the device or the precise mechanism it uses for emitting the UV radiation does not matter. So traditional lie-down sunbeds are caught as well as those in which a person receives UV radiation whilst standing up. Portable devices such as UV sun lamps are also caught. Electrically-powered devices which spray the skin with a substance that gives the appearance of a tan without the use of UV radiation are not “sunbeds” for the purposes of the Act.

A “sunbed business” is a business which offers sunbeds for use on the business premises. The business may be exclusively about providing sunbeds for use on the premises (such as a tanning salon) or it may provide sunbeds for use as a complementary or peripheral activity (such as gyms or hotels offering sunbeds for use by members or guests). Either way it is a “sunbed business”. A business can be a “sunbed business” irrespective of whether the sunbed is made available for use in return for payment.

If the person carrying on a sunbed business fails to comply with the requirements of the Act, they commit a criminal offence punishable on summary conviction by a fine of up to £20,000. The offence is a strict liability offence, which means that an offence is committed if a person aged under 18 uses, or is offered the use of, one of the business’s sunbeds. However, there is the availability of a ‘due diligence defence’.

Clearly there is some time to plan but operators of such businesses should be alert to these changes and the need for the introduction of systems and staff training to ensure no future possible breach occurs.

Leeds Solicitors