Beauticians, Tattooists and Skin Piercers Bylaw Hearing

MINUTES

Confirmed minutes of a meeting of the Beauticians, Tattooists and Skin Piercers Bylaw Hearing held in the Edinburgh Room, Municipal Chambers, The Octagon, Dunedin on Thursday 21 April 2016, commencing at 9.00 am

PRESENT

Chairperson	Cr Neville Peat
Members	Cr Doug Hall	Cr Mike Lord
	Cr Andrew Whiley

IN ATTENDANCE

Ros MacGill (Environmental Health and Animal Services Manager), Tanya Morrison (Environmental Health Officer) and Alison Blair (Environmental Health Officer)

Governance Support Officer      Pam Jordan

1       HEARING PROCEDURES

Cr Peat outlined the process to be followed for the hearing.   

2       Apologies

There were no apologies.

3       Confirmation of agenda
	Moved (Chairperson Neville Peat/Cr Mike Lord): That the Committee: Confirms the agenda without addition or alteration Motion carried (BEA/2016/001)

4       Declarations of interest

Members were reminded of the need to stand aside from decision-making when a conflict arose between their role as an elected representative and any private or other external interest they might have.

Reports

5       Review of the Beauticians, Tattooists and Skin Piercers Bylaw
	A report from Regulatory Services presented the submissions received on the Draft Beauty Therapists, Tattooists and Skin Piercers Bylaw 2016 (previously named the Beauticians, Tattooists and Skin Piercers Bylaw) for consideration by the Hearings Committee.  Six submissions were received on the draft bylaw of which two submitters wished to be heard.
	Hearing of Submissions The following submitters were heard by the Committee: Chris Hibbert, Visio Forma Mr Hibbert was speaking on behalf of his wife Arasham Karam Singh who had a business providing semi-permanent makeup.  She was the sole owner and operator and the submission was on staff competency and standards.  They believed that the bylaw should recognise qualifications obtained not just in New Zealand.  His wife had trained in the United Kingdom and the qualification included a lot of training on hygiene etc.  They supported the inclusion of alternative words on that matter such as "internationally recognised training standards". Staff had accepted their proposal regarding international standards which was a complex topic.  Staff had also accepted a correction to dates in the draft bylaw.  There was only one source of pigments for the business, that being Europe, and these were produced under European Community Standards.  He thanked staff for accepting a proposal regarding standards for pigments that applied in countries from which they were imported. In response to a question regarding mobile trading, Mr Hibbert noted that they would not want to carry out treatments in conditions any less sanitary than they had in their salon.  In response to a question regarding potential future changes in the industry he commented on the supply of equipment and the risk that some had been imported from countries were there were no stringent standards on production.  The cheaper prices may make it easier for people to set themselves up and do this sort of work.  Jan Lane, NZ Beauty Therapists Association Ms Lane circulated a further submission on behalf of the NZ Beauty Therapists Association.  The Association felt that the proposed changes did not go far enough to include such complaints as burns, pigmentation damage and other injuries.  They also felt that the bylaw was ambiguous in part and did not provide enough information in other clauses to make sufficient impact and that more consultation was needed.  They were also concerned that beauty therapy and body piercing were included in the same bylaw, as body piercing required a much higher level of infection control. Ms Lane also expressed the Association's concerns about Clause 17.8(5) in relation to animals on the premises in relation to beauty therapists working from home.  The Association was also concerned that not all overseas qualifications were created equal.  In regard to 17.10(3), the Association noted that there had been no problems experienced with soft flooring used in beauty therapy clinics.  Ms Lane also provided information on appropriate alternative cleaning/disinfecting methods and products. In response to questions Ms Lane commented on the need for training for new beauty procedures and equipment; the Association's wish to see all bylaws the same; the Association's concern about mobile practitioners and the need to ensure the same level of cleanliness and sterility as in permanent premises; and risks involved in areas other than tattooing such as waxing, hole punching, electrolysis, and disposal of what had been used during treatment.

Adjournment of meeting
	Moved (Chairperson Neville Peat/Cr Mike Lord): That the Committee Adjourns the meeting to take legal advice. Motion carried (BEA/2016/003)

The meeting adjourned from 9.43 am to 9.47 am.

Deliberations

Consideration was given to the summary of points made by submitters (Attachment C of the report), the issues raised by submitters at the hearing and staff comments.  There was discussion on each of the points in the summary and particular situations staff had been involved with that the changes to the bylaw would allow them to enforce.

It was noted that Dunedin was the first to adopt a bylaw in this subject area and so would be the first to review it and deal with new issues.  Matters discussed included issues relating to mobile operators, upskilling and training for operators, risks involved in tattooing, the expanding range of beauty therapy treatments, appropriate disposal of sharps and waste following treatments, qualifications of operators, maintaining high standards, floor coverings, appropriate cleaning and sterilising processes, and records of clients' treatments.

Adjournment of meeting
	Moved (Chairperson Neville Peat/Cr Mike Lord): That the Committee Adjourns the meeting for five minutes. Motion carried (BEA/2016/004)

The meeting adjourned from 10.50 am to 11.00 am.

Consideration was given to the draft bylaw on a page-by-page basis with the following amendments being agreed:

· 17.4c – to be reworded to aid comprehension

· 17.6 Interpretation:

Contravene – includes "failure" to comply;

Mobile Premises – "Tattooing" rather than "Tattooist"

· 17.7 - minor amendments

· 17.8 – new clause – expand explanatory note to include international qualifications

· 17.10 – reorder.  Also reference to any subsequent legislation to be included where particular legislation mentioned.

· 17.12.1 – exempt from "some of" section 17.10

· 17.12.2.b – to be reworded

· 17.14.4 – typographical errors to be corrected

· 17.17 and following – numbering corrections

· 17.20 – to refer to "Dunedin City Council" Chief Executive

The draft bylaw was to be amended and updated as discussed and to be circulated to the Committee.

Moved (Chairperson Neville Peat/Cr Andrew Whiley):

That the Committee:

a)     Having considered the submissions received on the draft Beauty Therapists, Tattooists and Skin Piercers Bylaw 2016 recommends to the Council the bylaw as amended.

Motion carried (BEA/2016/005)

The meeting concluded at 11.30 am.

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CHAIRPERSON