Part 8Regulation of provision of sunbeds
Offences
95Prohibition 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;
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.