Turning up the heat on irresponsible sunbed establishments
The owner of a Welling based beauty salon has been successfully prosecuted in what is thought to be the first case of its kind in the UK - in that it was brought as a direct result of test purchasing by Trading Standards.
On Monday 11 November, Bexley Magistrates heard how Mrs Havva Karamanli, 44, of Burnham Road, Dartford, trading as Jealousy Hair and Beauty, Upper Wickham Lane, had breached legislation under the Sunbeds (Regulation) Act 2010 by failing to ensure that an under 18 year old was not offered the use of a sunbed, also not present in a restricted zone.
Magistrates heard that on Monday 22 July this year, a 16 year old female test purchaser visited the shop to book a sunbed session. She was served by the 12 year old daughter of the owner/defendant who was looking on. During the transaction no advice was given and no health-related questions were asked.
Sunbeds are prohibited for use by under 18s. They can adversely affect the skin, especially that of young people, and in extreme cases, this may lead to skin cancer.
Mrs Karamanli pleaded guilty to both charges. In mitigation, the court was told that the defendant's child was only present because she was waiting for her grandfather, and would not normally provide help much beyond sweeping up.
Background information to the case revealed that the defendant had been advised on previous occasions that age and health checks should be carried out for the use of sunbeds.
Magistrates heard that in the first instance, in June 2012, an 18 year old female test purchaser booked a sunbed session. Although old enough to use the sunbed, she was not asked for proof of age nor asked to complete a medical form.
In follow-up, Bexley Trading Standards sent the owner a letter advising that anyone looking under 25 who wanted to use the sunbed should be asked for proof of age. Advice was also given that medical information should be completed and a Challenge 25 poster was sent with the letter.
However, on 2 February 2013, a second female test purchaser aged 18 was sent to Jealousy and again successfully booked a sunbed session. She was not asked for proof of age, protective goggles were not issued, no advice was given and no health related questions were asked. Another letter was sent to the owner repeating the earlier advice.
In none of the cases were any of the three different test purchasers exposed to sunbed rays.
The court heard that Mrs Karamanli has now retrained her staff to ensure that Challenge 25 criteria are met.
She was fined £250 for each of the two charges, ordered to pay £400 costs and a £25 victim surcharge.
Please contact: Lynne McVicar on 020 3045 3606