Section 2 Duty to prevent sunbed use by children

(1)

A person who carries on a sunbed business (“P”) must secure—

(a)

that no person aged under 18 uses on relevant premises a sunbed to which the business relates;

(b)

that no offer is made by P or on P's behalf to make a sunbed to which the business relates available for use on relevant premises by a person aged under 18;

(c)

that no person aged under 18 is at any time present, otherwise than in the course of providing services to P for the purposes of the business, in a restricted zone.

(2)

In this section “relevant premises” means premises which—

(a)

are occupied by P or are to any extent under P's management or control, and

(b)

are not domestic premises.

(3)

Subsections (4) and (5) have effect for determining what is for the purposes of subsection (1)(c) a “restricted zone”.

(4)

If a sunbed to which the business relates is in a wholly or partly enclosed space on relevant premises that is reserved for users of that sunbed, every part of that space is a restricted zone.

(5)

If a sunbed to which the business relates is in a room on relevant premises, but not in a space falling within subsection (4), every part of that room is a restricted zone.

(6)

If P fails to comply with subsection (1), P commits an offence and is liable on summary conviction to F1a fine.

(7)

It is a defence for a person (“D”) charged with an offence under this section to show that D took all reasonable precautions and exercised all due diligence to avoid committing it.

(8)

This section is subject to section 3 (exemption for medical treatment).

Annotations

Textual amendments

F1: Words in s. 2(6) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 44 (with reg. 5(1))