Part 8Regulation of provision of sunbeds

Offences

I195Prohibition on allowing use of sunbeds by persons under 18

1

An operator of sunbed premises who, without reasonable excuse, allows a person who is under 18 to use a sunbed on those premises commits an offence.

2

In proceedings for an offence under subsection (1), it is a defence for the operator to show that—

a

the operator believed the person to be 18 or over; and

b

the operator had taken reasonable steps to establish the person's age.

3

For the purposes of subsection (2)(b), the operator is to be treated as having taken reasonable steps to establish the person's age if (and only if)—

a

the operator was shown any of the documents mentioned in subsection (4); and

b

that document would have convinced a reasonable person.

4

The documents referred to in subsection (3)(a) are any document appearing to be—

a

a passport;

F1aa

a UK driving licence,

b

a European Union photocard driving licence; or

c

such other document (or description of document) as may be prescribed.

5

In subsections (2)(a) and (b) and (3), references to the operator include an employee or agent of the operator.