Special treatment licence (premises)

Summary of requirements 

Under the London Local Authorities Act 1991 in order to provide special treatments commercially at premises in the borough you must obtain a licence from Wandsworth Council. In addition any therapist who provides treatments must be registered with the council. For more information on therapists registration, including making an application.

 Special treatments include, but are not limited to: 

• acupuncture
• cosmetic piercing
• electric treatments e.g. electrolysis
• light treatments e.g. sunbeds
• massage
• manicure
• tattooing
• vapour, sauna or other baths
• or other special treatment of a like kind

If your treatment is not listed above, it may still be licensable. For a full list of what is or is not a special treatment, please see our A to Z of special treatments in the related downloads area. If you are in any doubt whether a treatment is licensable, please contact us on 020 8871 6160.

Eligibility criteria

The law allows certain exemptions from the need for a licence. An establishment for Special Treatment does not include:

• any premises that are not used for gain or reward
• any premises where the Special Treatment is carried out by or under the supervision of:
   - a Medical Practitioner, registered by the General Medical Council;
   - a bona fide member of a body of health practitioners for the treatments for which they are exempt;
   - in the case of acupuncture, a dentist registered under the Dentists Act 1984;
   - in the case of osteopathy, a person registered as a fully registered osteopath or a conditionally registered osteopath under the Osteopaths Act 1993;
   - in the case of chiropractic, a person registered as a fully registered chiropractor or a conditionally registered chiropractor under the Chiropractors Act 1994;
• any premises used by a person registered under the Health Professions Order 2001
• any public hospital
• any nursing home

The Act does not list bodies of health practitioners. Each body needs to apply to the borough where they want their members to be exempted. In order to make this process easier, most London boroughs agree a list of exempted bodies via the London Special Treatment Working Group. Wandsworth Council has adopted this list which is available in the related downloads area. If your body does not appear on this list, or you are offering treatments not covered by the body, then you will not be exempt.  

This authority may refuse to grant, renew or transfer your licence on any of the following grounds:  

• the premises are not suitable, don't have safe heating, satisfactory lighting, sanitation, ventilation and don't have adequate fire precautions including firefighting equipment and fire escapes
• there is a likelihood of nuisance being caused in the area
• the person who will manage the premises is not fit and proper
• the people giving the treatments are not suitably qualified
• the premises have been or are being improperly conducted
• the safety of equipment is not satisfactory
• there is question as to the safety of the treatment being given
• you have been convicted of particular offences
• you fail to comply with any legal requirements

This authority has adopted standard conditions for all licences, as well as for particular classes of licence. A copy of these conditions can be found on the related downloads. All licences granted, renewed transferred or varied are subject to the standard conditions unless expressly excluded or amended. 

Application evaluation process

You must apply for a special treatment licence to the local authority in which your premises are situated. Guidance on the completion of the application form can be found on the related downloads and must be read prior to any application to this authority. You must send a copy of the application to the Metropolitan Police and to the fire authority on the same date that the application was submitted to us.  The police and fire authority have 28 days in which to make their observations. 

If you are applying for a new licence in group A or B (high risk) or adding new therapies which take you into group A or B, you will need to advertise this intention for at least 28 days in the shop window where it is clearly visible to passers by. 

An application for a new licence, the renewal of a licence, the transfer or variation of a licence must be accompanied by the appropriate fee.  Fees are based on the level of risk from the treatments, and therefore the level of control required by the council.  There are 4 levels of risk group (A, B, C, and D), A being the highest.  The Fees Guide (which can be found on the related downloads) explains which risk group a treatment falls into.  The fee is based on the highest risk treatment that is to be given, e.g. even if only one treatment out of many is group A, then the fee will be for group A.  The number of treatment groups to be licensed makes no difference to the licence fee.

Before licensing new premises, licensing officers will check the suitability of the premises for the treatments proposed. At the same time you will need to show them:

• proof of your right to occupy the premises to be licensed, e.g a copy of the deeds, the premises lease or a tenancy agreement
• proof of professional indemnity insurance
• A current electrical safety certificate for the installation of the premises
• an electrical safety certificate for all portable/moveable appliances (wax pots, electrolysis/faradic machines, kettles etc.) unless they are new.

You will also need to provide a plan of the premises to the licensing division prior to the licence being granted or varied.

If there are objections to the application then it will be determined by a panel of elected councillors and you will be invited to attend to state your case.

Licences normally expire on the anniversary of issue and must be renewed before that date. If a renewal application is submitted before the date of expiry, the old licence is deemed to continue in force until the application is determined. If a licence is allowed to expire, it will be necessary to apply for a new licence, at a higher fee, instead of a renewal.

Will tacit consent apply?

No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from the local authority within a reasonable period, please contact it. You can do this online if you applied through the UK Welcomes service or use the contact details below.

What can I do if my application is refused?

If you wish to appeal against a decision of the council you may do so to the South Western Magistrates' Court, Lavender Hill, London SW11. Appeals must be made within 21 days of the date you received notification of the decision in writing. Magistrates' court decisions can be appealed to the Crown Court.

What if I am unhppy with a condition imposed?

In the first instance, please contact:

Environmental Services
Department of Environment & Community Services
Wandsworth Council
PO Box 47095
London SW18 9AQ

If you wish to appeal against a decision of the council to impose a condition you may do so to the South Western Magistrates' Court, address above.

What if I have a query about my licence?

If you have a query about a licence or permit issued by us, please contact Wandsworth Council at the address above.

European services directive

If you think that the council has not complied with the European services directive by imposing requirements or conditions in respect of your application that are discriminatory, unfair, or disproportionate, please contact:

UK SOLVIT Centre
Department for Business, Innovation and Skills
1 Victoria Street
London
SW1H 0ET

Email: solvit@bis.gsi.gov.uk

Health and safety

Before setting up any business in the UK, you must ensure that it will comply with the relevant health and safety regulations.  Please see the links below for further information:

• Wandsworth Council's health and safety web pages
• Health and Safety Executive web pages

Consumer complaints about a special treatment premises

We would always advise that in the event of a complaint, the first contact is made with the trader by you - preferably in the form of a letter (with proof of delivery).

If that has not worked, you should contact the council's Licensing Section at:

Licensing Section
Department of Environment & Community Services
Wandsworth Council
PO Box 47095
London SW18 9AQ

Email: licensing@wandsworth.gov.uk  

Trade associations and other sources of information

• British Association of Beauty Therapy and Cosmetology (BABTAC)
• Federation of Holistic Therapists (FHT)
• British Association of Skin Camouflage
• Society of Chiropodists and Podiatrists (SCP)