Licensing conditions
These conditions apply to the licence issued and should be read in conjunction with the licence application documents and any additional documentation issued with it.
1. Establishment and licensee details
1.1 This licence is personal, is not transferable and is only valid in respect of the named premises.
1.2 The licensee, if a company within the meaning of the Companies Act, 1985, shall forthwith notify Thurrock Council ('the Council') in writing of any changes in the constitution of the directorate of such company during the currency of this licence.
1.3 Treatment at the establishment shall be carried on only under the name, style or title specified in the licence. If any alteration is proposed to be made in the name, style or title of the establishment, previous notice must be given to the Council in writing addressed to the Head of Public Protection and the licence forwarded for endorsement. The alteration must not be given effect to until the licence has been endorsed.
1.4 All notices and advertisements issued by or on behalf of or in respect of the establishment shall bear the trade name, style or title specified in this licence. The names of individual assistants or employees must not be given in such notices or advertisements.
1.5 Any licensee (sole trader) who wishes to operate within another licensed premise, must make a separate application for addition to the other premise as a masseur / therapist. A separate reduced fee will be payable for this addition.
1.6 The licensee must within seven days of a change taking place notify the Council in writing, addressed to the Licensing Team, Thurrock Council, Civic Offices, New Road, Grays, RM17 6SL.
2. Treatments and treatment charges
2.1 Treatment at the establishment shall be carried on only for the treatment type/s as specified in the licence. If any alteration is proposed to be made in the nature of the treatment administered in the establishment or if it is proposed to administer some other form of treatment, previous notice must be given to the Council in writing addressed to the Licensing Team and the licence forwarded for endorsement. The alteration must not be given effect to until the licence has been endorsed.
2.2 A list of fees or charges appertaining to the treatment to be available on the premises shall be prominently displayed within the premises. A copy of the current list shall be provided to the Council at renewal of this licence.
3. Masseurs, therapists and other staff
3.1 The licensee shall not permit any person to administer massage or special treatment in the establishment unless the Council has given their prior approval to the qualifications and experience of such person.
3.2 The licensee shall not, except with the written consent of the Council, employ in the conduct of the establishment any person either:
- whose licence has been revoked or to whom a licence has been refused on the ground that such person is unsuitable to hold a licence to carry on an establishment for massage or special treatment
- who is unsuitable to be so employed on the ground that misconduct in connection with the employment of such person in an establishment for massage or special treatment has been proved to the satisfaction of the Council, and, except with such consent, the licensee shall not allow or permit any such person to be directly or indirectly interested in the business carried on at the establishment
4. Premises
4.1 The licensee shall when requested and before any treatment/s is administered under this licence for new premises, provide the Council with a plan of the premises indicating the treatment areas.
4.2 The treatment area must solely be used for giving treatments and must be completely separated from all other rooms – for example, any room used for human habitation, catering establishment, hair salon, retail sales or other – by full height walls or partitions. Suitable screening should be available to provide client privacy.
4.3 There should be a minimum of 5 square metres of floor space free and available for each operator in the establishment.
4.4 All internal walls, doors, windows, partitions, floors and floor coverings, and ceilings are kept clean and in such good repair as to enable them to be cleaned effectively.
4.5 The floor of the treatment area is provided with a smooth impervious surface.
4.6 All furniture and fittings in the premises should be kept clean and in good repair and furniture in the treatment area – for example, tables, couches and seats – should be in good repair and covered with a smooth impervious surface, so that they can be cleaned effectively.
4.7 All apparatus installed within the treatment areas shall be of a type approved for that purpose by the Council. In particular, no water-bed or other similar device shall be situated within the treatment areas.
4.8 The licensee shall keep any electrical or other apparatus installed in the establishment maintained in an efficient and safe condition. All portable electrical equipment should be tested on an annual basis. Any mains electricity supply to the premise should be tested every 5 years. Evidence of certification shall be produced by the licensee at the request of an authorised officer of the Council and at renewal of this licence each year.
4.9 Suitable and sufficient means of heating to a reasonable room temperature, appropriate to the treatment offered, must be provided.
4.10 The premises must be adequately ventilated.
4.11 There should be an adequate, constant running supply of clean hot and cold water at a dedicated wash hand basin, as well as sanitising soap or detergent and disposable towels. The wash basin should be easily accessible to the operator and be for his/her use for massage and special treatment activities only. This is in addition to wash hand basins in water closets and or the kitchen sink. Taps should preferably be wrist, foot or sensor operated.
4.12 There should be suitable and sufficient sanitary accommodation for therapists and clients.
4.13 There must be adequate, clean and suitable storage for all items, so as to avoid, as far as possible, the risk of contamination.
4.14 No animal of any kind should be permitted in a treatment area, except service animals used by persons with disabilities, for example guide dogs for the blind.
4.15 A suitable no smoking sign should be displayed on all external doors into the premises, as required by the Health Act 2006.
4.16 A suitably stocked and up to date first aid kit should be on site.
4.19 The premises, including all treatment areas, shall be open to inspection at all times when the premises are in use by a police officer in uniform or authorised officer of the Council on production of his authority if requested.
5. Sunbeds
5.1 Sunbed operators must comply with The General Product Safety Regulations 2005 BS EN 60355-2-27 which covers particular requirements for appliances for skin exposure to ultraviolet and infrared radiation. Refer to the Sunbeds (Regulations) Act 2010, before installing sunbeds for use by the public.
5.2 Sunbeds within the premise should be within the European safe limit for ultraviolet light emissions, which is not to exceed 0.3 Watts per square metre.
5.3 Ensure that age restrictions are applied – no use by those under 18 years-old is allowed.
5.4 Ensure that suitable pre-care checks are made with each client.
5.5 Ensure that suitable records are maintained, which must include client details, age checks and use records in addition to any other records which the operator decides appropriate.