Part 8Regulation of provision of sunbeds

Offences

I196Prohibition on sale or hire of sunbeds to persons under 18

1

A person (the “seller”) who, without reasonable excuse, sells a sunbed to a person who is under 18 commits an offence.

2

A person (the “hirer”) who, without reasonable excuse, hires a sunbed to a person who is under 18 commits an offence.

3

In proceedings for an offence under subsection (1) or (2), it is a defence for the seller or hirer to show that—

a

the seller or hirer believed the person to be 18 or over; and

b

the seller or hirer had taken reasonable steps to establish the person's age.

4

For the purposes of subsection (3)(b), the seller or hirer is to be treated as having taken reasonable steps to establish the person's age if (and only if)—

a

the seller or hirer was shown any of the documents mentioned in subsection (5); and

b

that document would have convinced a reasonable person.

5

The documents referred to in subsection (4)(a) are any document appearing to be—

a

a passport;

b

a European Union photocard driving licence; or

c

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

6

In subsections (3)(a) and (b) and (4), references to the seller or hirer include an employee or agent of the seller or hirer.