A company has been sentenced to pay £15,500 for offences under the Sunbeds (Regulation) Act 2010 (Wales) Regulations 2011, following a prosecution brought by Blaenau Gwent Council.
Tantastic Blackwood Ltd was prosecuted at Newport Magistrates’ Court after the director, David Bryn Williams, pleaded guilty to five offences.
In March 2024, the Council’s Environmental Health Team received a complaint from a member of the public alleging that they had received significant burns following the use of a high-pressure sunbed at Tantastic in Commercial Street, Tredegar.
During an investigation, the visiting officers identified several failures at the premises under the Sunbeds (Regulation) Act 2010 (Wales) Regulations 2011. In addition to the evidence provided by the injured party, officers also witnessed staff failing to comply with the requirements under these regulations when serving customers that were present during their visit.
The presiding District Judge in her summary confirmed several key points that she had considered when determining an appropriate sentence. In outline these included the following:
- That Mr Williams was in a privileged position of trust and that he would be considered an expert in his field with over 10 years as a director of the Ltd company,
- That his team and himself have a responsibility to customers, particularly young people, who may be concerned about their image to an extent that it put them in a state of additional vulnerability,
- The Regulations are in place to protect such individuals and consumers and the seriousness of non-compliance as a result is reflected in the sentence
Some mitigation was afforded in Mr Williams’s defence due to the following:
- an early guilty plea was entered to one charge
- that there was some evidence of attempts of compliance in respect of some of the offences but that it was evident that Mr Williams had been negligent, and standards had slipped
- No previous convictions to note within the relevant consideration period only written warnings had been issued
The Judge ordered that Tantastic Blackwood Ltd pay a total of £15,500. A £8,500 fine, a £2,000 Victim Surcharge and £5,000 costs.
Councillor Helen Cunningham, the Council’s Cabinet Member for Place & Environment says:
“It’s vital for anyone choosing to use a sunbed at a salon that they can do so knowing the regulations are being fully complied with. This includes preventing use by children, ensuring prescribed health information is given to customers and that other controls are in place to prevent over-exposure to UV rays. Thanks to our Environmental Health and Legal teams for carrying out a thorough investigation and bringing this important case to court. They have achieved a significant result in the safe and legal use of sunbeds.”
In addition to the prosecution, during the investigation the Council also issued the company with a prohibition notice under the Health and Safety at Work etc. Act 1974 (HASAWA) in respect of the sunbed linked to the complaint. The prohibition notice has since been withdrawn following the decommissioning and removal of the bed. The company was also issued with an Improvement Notice, also under HASAWA, to secure improvements to risk assessments and associated controls to prevent danger to users and employees. The company has recently provided evidence to demonstrate improvements have now been secured and the requirements of the notice have been complied with.
