The Act defines a 'sunbed' as "an electrically-powered device designed to produce tanning of the human skin by the emission of ultra-violet radiation". Vertical tanning booths, lie-flat sunbeds, canopy sunbeds, sun showers and sun lamps are all examples of what the law considers a sunbed.

There is no requirement for payment to be made for the use of sunbeds in order to satisfy the definition of a sunbed business.

Any business that makes a sunbed available for use on the premises.

For example:

• Tanning salon
• Beauty salon
• Hotel
• Gym
• Leisure centre

The Act does not apply to sunbeds in the home, however we would still suggest caution if allowing under 18s to use a sunbed.

Under the Act a person who carries on a sunbed business in premises they occupy, manage or have control over (referred to as 'relevant premises') must make sure that:

• No one under 18 uses a sunbed on relevant premises to which the act relates.

 

• No offer is made by, or on behalf of, the sunbed business to make a sunbed available for use on relevant premises to a person under 18.

 

• No person under 18 is present at any time in a restricted zone* unless they are providing services to the sunbed business - for example, if they are an employee.

 

A 'restricted zone' is a wholly or partly enclosed space (for example, a partitioned area) within relevant premises where the sunbed is located and which is reserved for people who are using that sunbed. If the sunbed is located in a room, but not within a wholly or partly enclosed space within that room, then the entire room is classed as a restricted zone.

 

 

Where a sunbed is located in a room but is not also located in a wholly or partly enclosed space reserved for the users of that sunbed, every part of the room is a restricted zone.

 

 

 

All the space around a sunbed is part of the restricted zone. This can mean that even if a sunbed is in only one corner of a large, open-plan area, that whole area counts as a restricted zone. There are some simple and inexpensive ways to limit the restricted zone that do not involve building new walls – for example, the use of screens around the sunbed will limit the restricted zone to the screened area.

 

A person under 18 can use a 'dedicated sunbed' (one that is used only for medical treatment) if it is for the purpose of medical treatment under the supervision and direction of a registered medical practitioner and is located in, or provided by, a healthcare establishment.

The Act has a specific definition of what 'healthcare establishment' means.

It is your responsibility if you own, manage or have control over a sunbed business to ensure that no one under 18 uses or is offered the use of a sunbed. In order to keep within the law and therefore satisfy the legal defence, you should introduce an age-verification policy and have effective systems in place to prevent use by under-18s. These systems should be regularly monitored and updated as necessary to identify and put right any problems or weaknesses, or to keep pace with any advances in technology.

Key best practice features of an effective system include the following.

Age verification checks

Always ask young people to produce proof of their age. The Chartered Trading Standards Institute, the Home Office and the National Police Chiefs' Council support the UK's national Proof of Age Standards Scheme (PASS), which includes a number of card issuers. You can be confident that a card issued under the scheme and bearing the PASS hologram is an acceptable proof of age.

A passport or a UK photocard driving licence is also acceptable but make sure that the card matches the person using it and the date of birth shows they are 18 or over. Military identification cards can be used as proof of age but, as with other forms of identification, make sure the photo matches the person presenting the card and check the date of birth. Be aware that military identification cards can be held by 16 and 17-year-old service people.

You do not have to accept all of the above forms of identification and it may be best to exclude any type of document that your staff are not familiar with.

Some young people may present false identification cards so it is advisable to also check the look and feel of a card. For example, the PASS hologram should be an integral part of a PASS card and not an add-on.

If the person cannot prove that they are at least the minimum legal age - or if you are in any doubt - the service should be refused.

Please visit the Home Office False ID Guidance for more information.

Operate a  Challenge 25 policy

This means that if the person appears to be under 25, they will be asked to verify that they are 18 or over by showing valid proof of age. Sunbed Proof of Age Challenge 25 for Sunbeds (PNG, 107KB)

Staff training

Make sure your staff are properly trained. They should know that the use of sunbeds is age restricted, what the age restriction is and the action they must take if they believe a person under 18 is attempting to use the service. It is important that you can prove your staff have understood what is required of them under the legislation. This can be done by keeping a record of the training and asking your staff to sign to say that they have understood it. Sunbeds Staff Training Record (PDF, 189KB)These records should then be checked and signed on a regular basis by management or the owner.

Maintain a refusals log

All refusals should be recorded (date, time, incident, description of potential buyer). Maintaining a refusals log will help to demonstrate that you actively refuse sales and have an effective system in place. Logs should be checked by the manager / owner to ensure that all members of staff are using them. See this example Sunbeds Refusal Register (PDF, 434KB)

Some tills have a refusals system built in. If using a till-based system, you should ensure that refusals can be retrieved at a later date. You should also be aware that some refusals are made before a product is scanned.

Till prompts

If you possess an EPoS system then it may be possible to use it to remind staff of age restrictions via a prompt.

Signage

Notices should be displayed stating that no one under 18 can use a sunbed and that no one under 18 can enter a restricted zone  (see exceptions for employees etc). This would then deter potential users and act as a reminder to members of staff. If there is still doubt, do not allow the person to use the sunbed and do not allow them entry to a restricted zone. If you employ members of staff who are under 18, you must ensure they do not use the sunbeds, even if they are allowed in a restricted zone

• No U18's Sunbed Poster (PNG, 1.5MB)
• Restricted Zone No U18's Sunbed Poster (PNG, 1.7MB)

 

As a Sunbed business you will also have a number of health and safey requirements that you need to meet. 

You will need to undertake a risk assessment for your premises:Example risk assessment for sunbed premises (PDF, 635KB)

You may also find our Beauty & Hairdressing pages useful.

Managing Your Sunbed Business (PDF, 1.3MB)

Posters

• No U18's Sunbed Poster (PNG, 1.5MB)
• Protect Your Eyes Sunbed Poster (PNG, 823KB)
• Restricted Zone No U18's Sunbed Poster (PNG, 1.7MB)
• Sunbed Proof of Age Challenge 25 for Sunbeds (PNG, 107KB)
• UV Tanning Equipment (HSE)

Example forms

• Sunbed Usage Client Consent Form (PDF, 245KB)
• Sunbeds Refusal Register (PDF, 434KB)
• Sunbeds Staff Training Record (PDF, 189KB)