Sunbeds

1a. You must secure that no person under 18 uses sunbeds on relevant premises which the business relates. This means they cannot highlight offers to under 18s nor are they allowed in the restricted zone unless it’s an employee carrying out duties there. Sunbeds (Regulation) Act 2010 S2(1)(a),(b) and (c) pg25 Relevant premises relate to premises occupied or managed by the owner for the purpose of the business and are not for domestic purposes. SRA 2010 S2(2)(a) and (b) pg 25. A restricted zone is a fully or partially enclosed space limited only for the use of the sunbed placed in that area or a room where the whole room is a restricted zone. 1b. To commit an offence in a sunbed business, the owner would be responsible for a summary conviction of a fine up to £20,000. If the owner can prove that she took all reasonable precautions and care in training her staff then she may be able to argue her defence. SRA 2010 S2(6) and (7) pg26 2. It is possible for an under 18 to use a sunbed on medical grounds. This would be in the form of a medical exemption given by a doctor for medical treatment. The under 18 would have to use a dedicated sunbed in, or provided by, an independent hospital or clinic in Wales or hospital in England. SRA 2010 S3(5)(a) and (b) pg27 A dedicated sunbed being a sunbed made available for the sole use of medical treatment. SRA 2010 S3(5)pg26. This would then be provided by a registered healthcare professional. SRA 2010 S3(1)(a)pg26 Also, with a medical exemption, (SRA 2010 Section 2(1)(a) and (c)pg25) which states that an under 18 cannot use, take up offers or be in restricted zones will now not apply. SRA 2010 S3(2)(3) and (4)pg26. 3a. Nikki being 18 it isn’t illegal for her to book a sunbed session, she is old enough to use the sunbed, take advantage of the offers and be in the restricted zones on relevant premises. SRA 2010 S2(1)(a)(b) and (c) pg25. So you would be able to have Nikki as a customer. Mandy is only 16. Mandy’s age would prohibit her from using any of the sunbeds in your business for the reasons stated in SRA 2010 S2(1)(a)(b) and (c)pg 25, which are; due to Mandy being a minor, she is not allowed to use on relevant premises, the sunbeds in which the business relates to. She is not allowed to be made aware of any offers that the business is running nor is she allowed to stand in restricted zones on the business premises. As she and her mother are friends of yours, Mandy is allowed to use the sunbed in your flat. This is allowed because it is not situated on the relevant premises of the business and you would not be profiting off a minor. SRA 2010 S2(2)(b) pg25. As long as Mandy uses the sunbed in the flat then it appears no offence has been made. It appears an offence was made when Grant entered the shop with his sister, as it doesn’t mention whether Grant actually used a sunbed, we can reasonably assume that he did not as if he had, then he would have mentioned that. He did however state that he was made aware of a special offer on a trial sunbed session for that afternoon by your employee, David. To highlight an offer, use a sunbed or stand in the restricted zones is an offence if the said person is under 18. SRA 2010 S2(1)(a)(b) and (c)pg25. To avoid this, David should have checked his age first before mentioning any offers in the business, therefore it appears to be an offence (SRA 2010 S2(6)pg26) although, it could be argued that you have taken all due care with training your staff accordingly. SRA 2010 S2 (7)pg26. 3b. Although your only 16; you were seen by a doctor for medical treatment which included a few sunbed treatments. This means you were given a medical exemption for the use of sunbeds with a registered healthcare professional, i.e. a doctor in either a hospital under section 275 National Health Service Act 2006 or an Independent hospital, clinic or agency within the Meaning of Care Standards Act 2000. S3(5)(a) and (b) Being registered within a secure and qualified environment such as a hospital for medical needs rather than trying to accomplish a suntan at the local salon means that you are exempt and not committing an offence. If you would have gone to a salon to explain you needed to use a sunbed, even for medical reasons then that would be bordering an offence, especially if they allowed you to use one on those grounds. Word count: 789 Bibliography Assessment Guide Part 1 2011. The Open University. - The Sunbeds Regulation Act 2010, Pages 25-27