Business and employment byelaws

Hairdressers and barbers

Made by the Council on the 14 November, 1980. Coming into operation on 1st April 1981 J. Rawnsley Chief Officer and Director of Administration

City of Leeds

Byelaws as to Hairdressers and Barbers made to the Leeds City Council under Section 77 of the Public Health Act 1961.

1. In these byelaws, unless the context otherwise requires - “Business” means the business of a hairdresser or barber; “Premises” means premises on which a business is carried on; “Day” means a day on which business is carried on.

2. For the purpose of securing the cleanliness of premises, a person carrying on the business on those premises shall comply with the following provisions:-

(a) All internal wall surfaces, partitions and ceilings shall be capable of being kept clean and shall be kept clean and in good repair

(b) The floors shall be so constructed or covered as to be capable of being kept clean and shall be kept in good repair, and be cleaned at least once a day and swept as necessary to prevent the accumulation of hair clippings, neck wool or other litter.

(c) A sufficient number of covered receptacles shall be provided and all such floor sweepings and all other litter be placed therein, and every such receptacle shall be emptied as often as may be necessary and at least once a day, and kept clean.

(d) Every chair or seat shall be kept clean.

(e) Every shelf, table, cabinet, washbasin and other fitting shall be kept clean.

3. For the purpose of securing the cleanliness of any instruments, towels, materials and equipment used in the premises a person carrying on the business on those premises shall comply with the following provisions:-

(a) Immediately before use in connection with any customer:-

(i) Any gown, wrap, overall or other protective clothing shall be clean;

(ii) Any paper or other covering placed on the back of the chair and any towel, cloth, hairnet, neck wool or other article which is applied to the face, head or neck shall be clean, and shall not previously have been used in connection with any other customer unless it consists of material (other than paper or wool) which can be, and has been, adequately cleansed.

(iii) Any metal instrument shall have been sterilised or, or otherwise adequately cleansed;

(iv) Any hairbrush, comb or similar instrument shall be clean, and shall have been sterilised, or otherwise adequately washed or cleansed, at least once a day;

(v) Any soap in solid form shall have been adequately rinsed;

(b) A fresh supply of water shall be used for purposes of shaving, shampooing or washing each customer, and all articles used for purposes of shaving (including any styptic in solid form) shall be adequately cleansed immediately before and after use.

(c) There shall be provided washing facilities which are adequate for the purposes of any cleansing required to be carried out in pursuance of this byelaw.

4. For the purpose of securing the cleanliness of hairdressers or barbers working on premises in regard to both themselves and their clothing:-

(a) No such hairdresser or barber shall attend to any customer unless:

(i) His hands are clean;

(ii) He keeps any open boil or sore on an exposed part of his body effectively covered by an impermeable dressing;

(iii) He is wearing a clean and washable overall:

(b) Every person carrying on a business on premises:-

(i) Shall take all reasonable steps to secure compliance with the foregoing provisions of this byelaw by the hairdressers or barbers working on such premises;

(ii) Shall provide and maintain suitable and sufficient washing facilities including an adequate supply of hot and cold water or hot water at a suitably controlled temperature for the use of hairdressers and barbers working on such premises;

(iii) Shall provide and maintain suitable and sufficient bandages, dressings (including impermeable dressings) and antiseptic for first-aid treatment.

5. Any person who offends against any of these byelaws shall be liable on summary conviction to a fine not exceeding fifty pounds.

Employment of children

Made 22 July 1998, coming into force 11 September 1998.

Leeds city Council, in exercise of the powers conferred on it by sections 18(2) and 20(2) of the Children and Young Persons Act 19331, hereby makes the following Byelaws:

Citation and commencement

1. These Byelaws may be cited as the Leeds City Council Byelaws on the Employment of Children 1998 and shall come into force on 11 September 1998.

Interpretation and extent

2. In these Byelaws, unless the context otherwise requires:

- "the authority" means Leeds City Council;

- "child" means a person who is not yet over compulsory school age as defined in section 8 of the Education Act 1996.

- "employment" includes assistance in any trade or occupation which is carried on for profit, whether or not payment is received for that assistance;

- "light work" means work which, on account of the inherent nature of the tasks which it involves and the particular conditions under which they are performed-

(a) is not likely to be harmful to the safety, health or development of children;

(b) is not such as to be harmful to their attendance at school, their participation in work experience in accordance with section 560 of the Education Act 1996, or their capacity to benefit from the instruction received or, as the case may be, the experience gained.

"parent" includes any person who has for the time being parental responsibility for a child within the meaning of section 3 the Children's Act 1989.

"public place" includes any public park, garden, sea beach or railway station and any ground to which the public for the time being have or are permitted to have access, whether on payment or otherwise;

"street" includes any highway and any public bridge, road, lane, footway, square, court, alley or passage, whether a thoroughfare or not;

"street trading" includes the hawking of newspapers, periodicals and other printed material, matches, flowers and other articles, playing, singing or performing for profit, cleaning shoes for payment and other like occupations carried on in any street or public place.

"year", except in expressions of age, means a period of twelve months beginning with 1st January.

Prohibited Employment

3. No child of any age may be employed-

(a) in a cinema, theatre, discotheque, dance hall, night club or other place of public entertainment except in connection with a performance given entirely by children;

(b) to sell or deliver alcohol, except in sealed containers;

(c) to deliver milk (before 7.00 a.m.);

(d) to deliver fuel oils;

(e) in a commercial kitchen;

(f) to collect or sort refuse or scrap metal;

(g) in any work which is more than three metres above ground level or, in the case of internal work, more than three metres above floor level;

(h) in employment involving harmful exposure to physical, biological or chemical agents;

(i) to collect money or to sell or canvass door to door, expect under the supervision of any adult;

(j) in work involving exposure to adult material or in situations which are for this reason otherwise unsuitable for children;

(k) in telephone sales;

2. This does not prevent children taking part in performances under the provisions of a licence granted in accordance with the Children and Young Persons Act 1963, and the associated Regulations.

(l) in any slaughterhouse or in that part of any butcher's shop or other premises connected with the killing of livestock, butchery, or the preparation of carcasses or meat for sale;

(m) as an attendant or assistant in a fairground or amusement arcade or in any other premises used for the purpose of public amusement by means of automatic machines, games of chance or skill or similar devices;

(n) in the personal care of residents of any residential care home or nursing home unless under the supervision of a responsible adult.

Permitted employment of children aged 14 or over

4. A child aged 14 or over may be employed only in light work.

Permitted employment of children aged 13

5. A child aged 13 may not be employed except in light work in one or more of the following specified categories:

(a) agricultural or horticultural work;

(b) delivery of newspapers, journals and other printed material, and collecting payment for same, subject to the provisions of byelaw 3(i);

(c) shop work, including shelf stacking;

(d) hairdressing salons;

(e) office work;

(f) car washing by hand in a private residential setting;

(g) in a café or restaurant;

(h) in riding stables; and

(i) domestic work in hotels and other establishments offering accommodation.

Permitted employment of children under 13

6. A child aged 10 or over may be employed on an occasional basis by and under the direct supervision of his/her parent in light agricultural or horticultural work.

Employment before school

7. Subject to the other provisions of these byelaws, children may be employed for up to one hour before the commencement of school hours on any day on which they are required to attend school.

Additional condition

8. No child may be employed in any work out of doors unless wearing suitable clothes and shoes.

Notification of Employment and employment permits

9. Within one week of employing a child, the employer must send to the authority written notification stating:

(a) his/her own name and address;

(b) the name, address and date of birth of the child;

(c) the hours and days on which the child is to be employed, the occupation in which the child is to be employed, details of the task involved and, if different from (a) above, the place of employment;

(d) a statement of the child's fitness to work, and of approval for the child to be employed, completed by the child's parents;

(e) details of the school at which the child is a registered pupil, and

(f) a statement to the effect that an appropriate risk assessment has been carried out by the employer.

10. Where, on receipt of a notification, the local authority is satisfied that:

(a) the proposed employment is lawful;

(b) the child's health, welfare or ability to take full advantage of his education would not be jeopardised; and

(c) the child is fit to undertake the work for which he is to be employed, it will issue the child with an employment permit.

11. Before issuing an employment permit a local authority may require a child to have a medical examination.

12. The employment permit will state:

(a) the name, address and date of birth of the child;

(b) the hours and days on which the child is to be employed, the occupation in which the child is to be employed, details of the task involved and the place of employment;

13. A child may be employed only in accordance with the details shown on his employment permit.

14. A local authority may amend a child's employment permit from time to time on the application of an employer.

15. The local authority may at any time revoke a child's employment permit if it has reasonable grounds to believe-

(a) that the child is being unlawfully employed, or

(b) that his/her health, welfare or ability to take advantage of his education are suffering or likely to suffer as a result of the employment.

16. A child must produce his employment permit for inspection when required to do so by an authorised officer of the authority or a police officer.

Street Trading

17. No child under the age of 14 may engage in street trading unless:

(a) he/she is employed to do so by his/her parent, in connection with their retail business and under their direct supervision; and

(b) he/she has been granted a licence/consent to do so ("a street trader's licence/consent") by the authority and is acting in compliance with the terms of that licence/consent.

18. The authority shall not grant a street trader's licence/consent to any child if it has reason to believe that the employment of the child in street trading would be prejudicial to his health, welfare or ability to take full advantage of his/her education or the child's street trader's licence/consent has previously been revoked.

19. A street trader's licence/consent shall prohibit the holder from engaging in street trading on a Sunday. and shall:

(a) be valid for not more than 12 months and shall expire on 31 December;

(b) prohibit the holder from touting or importuning to the annoyance or obstruction of any member of the public in any street or public place; and

(c) require that the child notify the authority within one week of any change of address.

20. The authority may suspend or revoke a street trader's licence/consent if it has reason to believe that the holder's continued employment in street trading would be prejudicial to his/her health, welfare, or ability to take full advantage of his education, or if the holder:

(a) is found guilty of any offence connected with the street trading;

(b) commits any breach of these Byelaws or the terms of his street trader's licence;

(c) uses the licence as a means for begging, immorality or any other improper purpose; or

(d) fails to notify the authority within one week of any change of address.

Revocation

21. The Byelaws with respect to the employment of children made by Leeds City Council on the 11th day of April 1978 and confirmed by the Secretary of State on the 12th day of September 1978 are hereby revoked.

Acupuncture

Byelaws for the purposes of securing the cleanliness of registered premises and fittings therein and registered persons and persons assisting them and the cleansing and so far as appropriate sterilisation of instruments, materials and equipment used in connection with the practice of acupuncture made by the Leeds City Council in pursuance of section 14(7) of the Local Government (Miscellaneous Provisions) Act 1982.

1. Interpretation:

a. In these byelaws, unless the context otherwise requires -

”The Act” means the Local Government (Miscellaneous Provisions) Act 1982;

”Client” means any person undergoing treatment;

”Operator” means any persons giving treatment;

”Premises” means any premises registered under Part VIII of the Act

”Proprietor” means any person registered under Part VIII of the Act;

”Treatment” means any operation in the practice of acupuncture;

”The treatment area” means any part of premises where treatment is given to clients.

b. The Interpretation Act 1978 shall apply for the interpretation of these byelaws as it applies for the interpretation of an Act of Parliament.

2. For the purpose of securing the cleanliness of premises and fittings therein a proprietor shall ensure that –

a. All internal walls, doors, windows, partitions, floors and floor coverings, and ceilings are kept clean and in such good repair as to enable them to be cleaned effectively;

b. The treatment area is used solely for giving treatment;

c. All waste material and other litter, arising from the treatment, is placed in suitable covered receptacles which are washable and leakproof, or use a leakproof liner bag. The receptacles shall be emptied, or the bags changed, at least once every working day, or more frequently as necessary, and the material disposed of safely. Where liners are not used, the receptacles shall then be cleaned;

d. All needles used in treatment are placed after use in separate covered and leakproof re-useable boxes, or disposable needle boxes designed for the purpose. Where re-useable boxes are used they shall be emptied at least once every working day or more frequently as necessary, and the contents disposed of safely or sterilised for re-use, as appropriate. The box shall then be sterilised. Where needles boxes are used they shall be disposed of safely at suitable intervals;

e. All furniture and fittings in the premises are kept clean and in such good repair as to enable them to be cleaned effectively;

f. All tables, couches and seats used by clients in the treatment area, and any surface on which the items specified in 3b below are placed immediately prior to treatment, have a smooth impervious surface which is wiped down at least daily with a suitable disinfectant;

g. Where tables or couches are used, they shall be covered by a disposable paper sheet which shall be changed for each client;

h. A notice or notices reading “No Smoking” are prominently displayed within the treatment area.

3. For the purpose of securing the cleansing and, so far as is appropriate, the sterilisation of instruments, materials and equipment used in connection with the treatment –

a. An operator shall ensure that, before use in connection with treatment, any gown, wrap or other protective clothing, paper or other covering, towel, cloth or other such articles used in the treatment –

i. is clean and in good repair, and, so far as is appropriate, is sterile;

ii. has not previously been used in connection with any other client unless it consists of a material which can be and has been adequately cleaned, and so far as is appropriate, sterilised;

b. An operator shall ensure that any needle, metal instrument, or other item of equipment, used in treatment or for handling instruments and needles used in treatment, is in a sterile condition and kept sterile until it is used;

c. A proprietor shall provide –

i. adequate facilities and equipment for the purpose of sterilisation (unless pre-sterilised items are used) and of cleansing, as required in pursuance of these byelaws;

ii. sufficient and safe gas points and/or electrical socket outlets to enable compliance with these byelaws;

iii. and adequate constant supply of clean hot and cold water readily available at all times on the premises;

iv. adequate storage for all items mentioned in byelaw 3 a and b above, so that those items shall be properly stored in a clean and suitable place so as to avoid, as far as possible, the risk of contamination.

4. For the purpose of securing the cleanliness of operators –

a. An operator whilst giving treatment shall ensure that –

i. his hands and nails are clean and nails kept short;

ii. he is wearing clean and washable clothing, or alternatively a disposable covering that has not previously been used in connection with any other client;

iii. he keeps any open boil, sore, cut or open wound on an exposed part of his body effectively covered by an impermeable dressing;

iv. he does not smoke or consume food or drink;

b. A proprietor shall provide:

i. suitable and sufficient washing facilities for the sole use of operators, such facilities to have hot and cold water, sanitising soap and detergent, and a nail brush;

ii. suitable and sufficient sanitary accommodation for operators.

Byelaws relating to markets

Made by the Council on 28 February, 1986
Coming into operation on 1 August, 1986

J. Rawnsley
Chief Officer and Director of Administration

City of Leeds byelaws

relating to their markets made by the Council of the City of Leeds in pursuance of their powers under Section 60 of the Food Act 1984 and Section 23 of the West Yorkshire Act 1980

Interpretation

"the Council" means the Council of the City of Leeds;

"goods" includes provisions commodities and articles brought into the market for the purpose of sale;

"market" means any market maintained by the Council;

"market hours" means the hours appointed by the Council for the holding of a market;

"Market Officer" means the person appointed by the Council as a markets manager or his duly.authorised representative;

"market place" means the place in Leeds where the markets are held;

"sell" and "sale" include exposing and exposure for sale;

"stall" includes any building, shop, office, compartment, standing, bench, table, stand, receptacle, place or space used or intended to be used for the sale of goods;

"vehicle" includes any mechanically propelled vehicle (other than an invalid chair) and any cycle, tricycle, cart, wagon or trailer

Allocation of section of market for purpose of sale

1. Where the Council:-

(a) appropriate any part of the market place for the sale of any class of goods, and

(b) display in a conspicuous place a public notice to that effect,

no person shall sell any goods in that part of the market place except in accordance with the terms of that appropriation.

Regulation of traffic and preventation of obstruction

2. No person shall bring any goods into the market place more than one hour before the market opens or allow them to remain there more than one hour after the market closes:

Provided that this byelaw shall not apply to the tenants (or their employees) of the lock-up within the market

3. No person shall wilfully obstruct, disturb, hinder, interrupt or annoy any person in the proper use of the market place or of any fittings or other apparatus provided for use therein

4. No tenant or occupier of a stall:-

(a) shall cause or permit any goods or any receptacle for goods to be placed on any stall so as to project beyond the limits of such stall;

(b) shall store any goods or any receptacle for goods or display any goods for sale in such a manner that they impede or obstruct, or are likely to impede or obstruct -

(i) access to the stall, or

(ii) the use of fire-fighting equipment

5. Unless the written consent of the Markets Officer be first obtained, no person shall cause any vehicle the width of which, inclusive of any load, exceed 7 feet 6 inches to enter the market place:

6. No person shall cause or permit any vehicle to be driven in the market place otherwise than in a direction indicated by signs or road surface markings erected or laid by the Council for the purpose of indicating the direction to be taken by vehicles in the market place.

7. No person in charge of a vehicle shall allow it to be halted in any avenue, passage or roadway in the market place or in the immediate approaches thereto for longer than is reasonably necessary for the loading or unloading of goods.

8. No person shall bring into the market place or to allow to stand therein any vehicle or goods in such a manner as to cause obstruction.

9. No person driving or riding any vehicle or animal in the market place shall proceed at a greater speed than five miles per hour.

Roofs to be kept clear

10. No tenant or occupier of any stall in the market place shall place or permit to be placed on the roof of such stall any boxes, hampers, baskets or other articles: Provided that this byelaw shall not apply to refrigeration equipment approved by the Council and fixed to the roof of such stall.

Authority to use space

11. No person shall occupy or take possession of any stall or any other area of the market place or deposit or cause to be deposited any goods equipment or utensils on any stall unless and until such stall has been duly let or otherwise allocated by the Markets Officer for the use of such person.

12. No person shall erect or fix or attempt to erect or fix any stall in the market place without the previous consent of the Markets Officer.

For maintaining cleanliness

13. Every tenant or occupier of a stall shall:-

(a) cause the stall to be properly cleansed before and after market hours and as often as may be necessary during those hours;

(b) cause all refuse from the stall, and all refuse arising from the loading or unloading of goods required in connection with the stall, to be placed in a receptacle approved by the Council for the purpose for his exclusive use;

(c) as often as it is necessary cause the contents of such receptacle to be removed, without creating a nuisance or obstruction, to such place of deposit within the market place as shall be appropriated therefore by the Council and indicated by a public notice to that effect displayed in a conspicuous place.

For preservation of order

14. No person shall wilfully or negligently throw, drop or deposit in or upon any way, road or passage of the market place any fruit or vegetable matter or any other litter:

Provided that this byelaw does not apply in respect of any place in the open air to which the Litter Act 1983 or any amendment thereof applies.

15. No person shall, to the annoyance of any person, ring any bell or blow any horn or use any other noisy instrument or loudspeaker to attract the attention or custom of any person to any sale or to any goods intended for sale.

16. No person other than an officer or servant of the Council acting in the proper execution of his duty, shall post or display any bill, placard or poster, other than a description or pricing of goods in or on any part of the market place:

Provided that this byelaw shall not apply to any bill placard or poster being posted or displayed pursuant to the Food Hygiene (Markets Stalls and Delivery Vehicles) Regulations 1966 as amended.

17. Unless the written consent of the Markets Officer be first obtained no person in the public market place shall, except by way of sale, distribute or attempt to distribute to the public in the market place any leaflets, handbills, cards, pamphlets, booklets or other literature.

Explosives

18. No person shall, to the danger of any person, keep, store or sell any gunpowder, fireworks or other explosive substance or any naphtha, bottled gas, petroleum or paraffin oil or other flammable substance in the market place.

Use of water taps

19. Every person who shall use any water tap in the market place shall cause the same to be properly turned off immediately after he shall have finished using such tap.

Penalties

20. Any person who shall offend against any of these byelaws shall be liable on summary conviction to a fine not exceeding:-

(i) £50 in respect of byelaws 4(b) and 10:

(ii) £100 in respect of any other of these byelaws

Revocation

21. The byelaws relating to markets which were made by the Lord Mayor, Aldermen and Citizens of the City of Leeds on the dates specified in Column 1 of the Table hereunder and allowed or confirmed by the Authority specified in Column 2 on the dates specified in Column 3 are hereby revoked.

Table

Ear piercing

Byelaws as to ear piercing and electrolysis.

Byelaws for the purposes of securing the cleanliness of registered premises and fittings therein and registered persons and persons assisting them and the cleaning and so far as appropriate sterilisation of instruments, materials and equipment used in connection with the business of ear piercing and electrolysis made by the Leeds City Council in pursuance of section 15(7) of the Local Government (Miscellaneous Provisions) Act 1982.

1. Interpretation:

a. In these byelaws, unless the context otherwise requires -

"The Act" means the Local Government (Miscellaneous Provisions) Act 1982;

"Client" means any person undergoing treatment; "Operator" means any person giving treatment;

"Premises" means any premises registered under Part VIII of the Act;

"Proprietor" means any person registered under Part VIII of the Act;

"Treatment" means any operation in effecting ear-piercing or electrolysis;

"The treatment area" means any part of premises where treatment is given to clients.

b. The Interpretation Act 1978 shall apply for the interpretation of these byelaws as it applies for the interpretation of an Act of Parliament.

2. For the purpose of securing the cleanliness of premises and fittings therein a proprietor shall ensure that -

a. All internal walls, doors, windows, partitions, floors and floor coverings, and ceilings in any part of the premises used by clients and operators are kept clean and in such good repair as to enable them to be cleaned effectively;

b. All waste material, and other litter, arising from the treatment, is placed in suitable covered receptacles, which are washable and leakproof, or use a leakproof liner bag. The receptacles shall be emptied, or the bags changed, at least once every working day, or more frequently as necessary, and the material disposed of safely. Where liners are not used, the receptacles shall then be cleaned;

c. All needles used in treatment are placed after use in separate covered and leakproof re-useable boxes, or disposable needle boxes designed for the purpose. When re-useable boxes are used they shall be emptied at least once every working day or more frequently as necessary, and the contents disposed of safety or sterilised for re-use, as appropriate. The box shall then be sterilised. Where needle boxes are used they shall be disposed of safety at suitable intervals;

d. All furniture and fittings in the treatment area are kept clean and in such good repair as to enable them to be cleaned effectively;

e. All tables, couches and seats used by clients in the treatment area and any surface on which the items specified in 3b below are placed immediately prior to treatment have a smooth impervious surface which is wiped down regularly with a suitable disinfectant;

f. Where tables or couches are used, they shall be covered by a disposable paper sheet which shall be changed for each client;

1. A notice or notices reading "No Smoking" are prominently displayed within the treatment area.

3. For the purpose of securing the cleansing and, so far as is appropriate, the sterilisation of instruments, materials and equipment used in connection with the treatment -

a. An operator shall ensure that, before use in connection with treatment, any gown, wrap or other protective clothing, paper or other covering, towel, cloth or other such articles used in the treatment -

i. is clean and in good repair, and, so far as is appropriate, is sterile;

ii. has not previously been used in connection with any other client unless it consists of a material which can be and has been adequately cleaned and, so far as is appropriate, sterilised;

b. An operator shall ensure that any needle, metal instrument, or other item of equipment used in treatment or for handling instruments and needles used in treatment, is in a sterile condition and kept sterile until it is used;

c. A proprietor shall provide -

i. adequate facilities and equipment for the purpose of sterilisation (unless pre-sterilised items are used) and of cleansing, as required in pursuance of these byelaws;

ii. sufficient and safe gas points and/or electrical socket outlets to enable compliance with these byelaws;

iii. an adequate constant supply of clean hot and cold water readily available at all times on the premises;

iv. adequate storage for all items mentioned in byelaw 3 a and b above, so that those items shall be properly stored in a clean and suitable place so as to avoid, so far as possible the risk of contamination.

4. For the purpose of securing the cleanliness of operators -

a. An operator, whilst giving treatment shall ensure that -

i. his hands are clean;

ii. he is wearing clean clothing;

iii. he keeps any open boil, sore, cut or open wound on an exposed part of his body effectively covered by an impermeable dressing;

iv. he does not smoke or consume food or drink;

b. A proprietor shall provide

i. suitable and sufficient washing facilities for the use of operators, such facilities to have hot and cold water, sanitising soap or detergent, and a nail brush;

ii. suitable and sufficient sanitary accommodation for operators.

Note - the following does not form part of the byelaws

A. Proprietors shall take all reasonable steps to ensure compliance with these byelaws by persons working on the premises. Section 16(9) of the Act lays down that a registered person shall cause to be prominently displayed on the premises a copy of these byelaws and a copy of any certificate of registration issued to him under Part VI11 of the Act.

B. Section 16(2) of the Local Government (Miscellaneous Provisions) Act 1982 provides that any person who offends against any of these byelaws shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400. If the convicted person is registered under Part VIII of the Act, the Court may, instead of or in addition to imposing a fine, order the suspension or cancellation of his registration, and of the registration of the premises in which the offence was committed if such premises are occupied by the person so convicted. Section 16(11) of the Act provides that it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

C. Nothing in these byelaws shall extend to the carrying on of the business of ear piercing or of electrolysis as the case may be by or under the supervision of a person who is registered as a medical practitioner or to premises on which any such business is carried on by or under the supervision of such a person.

Byelaws as to Pleasure Fairs

Byelaws for the regulation of the hours during which pleasure fairs may be open to the public; for the securing of safe and adequate means of ingress to and egress from pleasure fairs; for the prevention and suppression of nuisances and for the preservation of sanitary conditions, cleanliness, order and public safety at pleasure fairs; for the prevention of outbreaks of fire which might endanger stands, stalls or other structures, including caravans used or intended to use as sleeping accommodation, used in connection with any pleasure fair; made by the Leeds City Council in pursuance of Section 75 of the Public Health Act 1961 (as amended by Section 22 of the Local Government (Miscellaneous Provisions) Act 1976.

1. These byelaws shall not apply to:-

(a) a pleasure fair at which the only entertainment to which Section 75 of the Public Health Act 1961 applies consists of ten-pin bowling-alleys or of ten-pin bowling-alleys together with automatic machines intended for entertainment or amusement not exceeding in number one-third of the number of bowling-alleys provided, or

(b) any part of a pleasure fair in respect of which a licence is for the time being in force for public music or dancing or other entertainment of the like kind, or

(c) any place which is not for the time being used wholly or mainly for providing, whether or not in combination with any other entertainment, any entertainment to which Section 75 of the Public Health Act 1961 applies.

2. In these byelaws:-

"manager" means the person having control of a pleasure fair, whether being the owner or lessee or some other person.

"juvenile riding contrivance" means a riding contrivance designed, constructed and provided for use by children.

A reference to a caravan, stand, stall or structure is a reference to a caravan, stand, stall or structure used or intended to be used for the purposes of or in connection with any pleasure fair, and any additional living quarters placed against or attached to a caravan shall be treated as part of that caravan.

3. The manager shall not keep the pleasure fair open to the public between the hours of 22.30 and 14.00. Provided that where the pleasure fair is permanently sited within the City of Leeds and consists wholly or mainly of any automatic or other machines intended for entertainment or amusement the hour of 09.00 shall be substituted for the hour of 14.00 provided that on Saturdays and Bank Holidays the hour of 23.00 shall be substituted for the hour of 22.30.

Provided also that the Council may, be resolution, fix a later hour in substitution for the hour of 22.30 in this byelaw for the closing of pleasure fairs or specified classes of pleasure fairs on specified dates or during specified periods.

4. The manager shall give to the proper officer of the Council at least 5 days prior notice in writing of the intention to hold a pleasure fair specifying the dates and the place at which such a pleasure fair is to be held. The notice to be given under this byelaw shall be in addition to and not in substitution for any notice required to be given under any other enactment. In this byelaw "proper officer" means an officer appointed for the purpose by the Council.

5. The manager shall take any necessary steps to provide a sufficient number of entrances to and exits from a pleasure fair and he shall, while the public are at the pleasure fair, keep every exit open and free from obstruction. Provided that the exits from a pleasure fair need not be kept open:-

(a) in any case where the doors are secured only by suitable panic bolts or other safety devices of a similar nature which enable them to be immediately opened from the inside:

(b) in any case where an attendance is on duty at the exit.

Provided also that this byelaw shall not be deemed to require that any exits from a pleasure fair which are not provided for public use shall remain open while the public are at the pleasure fair.

6. The manager shall, in the distribution of booths, stalls, and other erections at a pleasure fair, secure that a sufficient number of gangways of adequate width are provided; and shall while the public are at the pleasure fair keep such gangways free from obstruction.

7. Any person having control of any booth, tent or other closed structure at a pleasure fair shall provide adequate exits therefrom; and shall if there are stalls or other erections or seating accommodation within the structure secure that a sufficient number of gangways of adequate width are provided. Such persons shall while the public are within the structure keep such exits and gangways free from obstruction.

8. Any person having control of any part of a pleasure fair or of any booth, tent or other closed structure at a pleasure fair in which more than 30 persons can be accommodated shall cause to be exhibited over each exit from the booth, tent or other closed structure a notice bearing the word "EXIT" in letters of sufficient size to ensure it is legible at the maximum viewing distance.

9. No person shall place or cause to be placed any obstruction in an exit or gangway provided in accordance with the foregoing byelaws while the public are at the pleasure fair or within the structure as the case may be.

10. Any person having control of any part of the pleasure fair or of any booth, tent or enclosure established on the premises in which seating is provided for more than 30 persons shall cause all the chairs or seats provided for the use of the public to be fastened together in lengths of not less than 4 chairs or seats or to the floor.

Provided that his byelaw shall not apply:-

(a) where the chairs are placed in boxes or separate enclosures for the accommodation of not more than 12 persons;

(b) to any part of a pleasure fair used as a restaurant, cafe or similar establishment.

11. Any person having control of any booth, tent, stall, merry-go-round, round-about, switchback railway, swing or other similar structure established on the premises shall take all reasonable steps to secure that the structure and any platform, seating accommodation or other erection used in connection therewith is of such material and design and so constructed and maintained that it is not liable, when used for the purpose and in the manner for which it is intended, to cause injury to any person attending the pleasure fair.

12. The manager shall cause every merry-go-round, round-about, swing, switchback railway or other mechanical riding or driving contrivance at a pleasure fair:-

(a) to be securely erected;

(b) to be so placed that between every moving part of the contrivance which is not fenced or screened from any area to which members of the public not using the contrivance are permitted to have access; and

(i) any moving part of any other such contrivance there shall be a space of at least 6 metres;

(ii) any other structure there shall be a space of at least 3 metres.

Provided that:-

(a) nothing in paragraph (b) of this byelaw shall prevent the placing of a stationary platform at the side of any such contrivance against any wall or partition of a building or against ar:iy boundary wall or boundary fence not adjoining a highway;

(b) paragraph (b) of this byelaw shall not apply to the space between two or more slow moving juvenile riding contrivances or to any coin operated kiddy ride.

In this byelaw "moving part" in relation to a contrivance means any part of the contrivance, including any vehicle or device incidental thereto used for the carriage of passengers, which moves or is capable of moving during the operation of the contrivance.

13. Any person having control of any merry-go-round, round-about, swing, switchback railway or other mechanical riding or driving contrivance at a pleasure fair shall ensure that attached thereto in a conspicuous position is a certificate granted by a competent engineer within the preceding 12 months to the effect that the contrivance has been inspected and found to be in a condition such as not to present a danger to the public.

In this bylaw the expression "competent engineer" means a person who is considered by the Local Authority to be a competent engineer.

14. Any person having control of any merry-go-round, round-about, swing, switchback railway or other mechanical riding or driving contrivance at a pleasure fair shall ensure that it is operated by a responsible person aged 18 years or over.

Provided that:-

(a) a slow moving juvenile riding contrivance which is not controlled by the passengers may be operated by a responsible person aged 16 years or over, and

(b) nothing in this byelaw shall apply to coin operated juvenile riding contrivances constructed for use by not more than 4 persons.

15. Any person having control of merry-go-round, round-about, swing, switchback railway or other mechanical riding or driving contrivance at a pleasure fair shall ensure that it is not operated when weather conditions are such as to jeopardise the safety of persons using the contrivance.

16. The manager shall provide and maintain in good working order the appropriate means for fighting fire which shall while the public are at the pleasure fair be so placed as to be readily available for use.

17. Any person having control of any part of the pleasure fair or of any booth, tent or structure shall take any necessary steps to secure that the tent, booth and any scenery, drapery, artificial flowers, properties, hangings, curtains or other materials of a similar kind used therein are rendered flame-retardant and are so maintained.

Provided that nothing in this byelaw shall require drapery, hangings or curtains made of heavy woollen or other inherently non-flammable or durably flame-proof material to be rendered flame-retardant.

18. No person having control of any booth, tent, stall or structure established on the premises shall while the pleasure fair is open to the public leave unattended in any such booth, tent, stall or structure any paraffin stove or light or any forms of heating or lighting having a flame or any exposed heating elements.

19. The manager shall secure that any hay, straw or other like substance kept at the pleasure fair is stored either in a fire resisting receptacle or in some place at a reasonable distance from any part of the pleasure fair to which the public have access.

Provided that this byelaw shall not apply to such quantity of hay, straw or other substance as may be required for immediate use.

20. A person having control of a caravan, stand, stall or structure shall:-

(a) secure that any flammable gas shall be stored in a safe place and that the quantity so stored shall be as small as practicable having regard to the purposes for which the gas is being used;

(b) secure that any flammable gas cylinder shall be removed as soon as practicable after its contents have been expended;

(c) not use or permit to be used any flammable gas for the purpose of inflating balloons or like objects.

21. The manager, and any person having control of any part of a pleasure fair, shall take such steps as may be reasonable and necessary to prevent a risk of electric shock or fire caused by electricity at a pleasure fair.

22. Any person having control of a shooting gallery shall provide and maintain such backstops and screening as may be reasonably necessary to protect any person attending the pleasure fair from shots fired by persons using the shooting gallery.

23. Any person, having control of an animal which, if at large, would be likely to cause danger to the public attending the pleasure fair, shall take all reasonable steps to secure or cage the animal in such a manner as not to be a cause of danger while the public are at the pleasure fair.

24. The manager of a pleasure fair not being a pleasure fair the whole of which is comprised within a building or buildings shall, where adequate public sanitary accommodation is not already available within reasonable distance of all parts of such pleasure fair take any necessary steps:-

(a) to provide in suitable situations sufficient and suitable sanitary conveniences for persons employed in or about the pleasure fair and for the public attending the pleasure fair;

(b) to label separate conveniences for men and for women respectively in such proportion as may be appropriate.

(c) to maintain the conveniences in good repair and in a reasonably clean and wholesome condition; and

(d) cause the conveniences and the labels provided in accordance with this byelaw to be adequately illuminated during the hours of darkness while the public are at the pleasure fair.

25. The manage shall take any necessary steps to provide:-

(a) a sufficient supply of wholesome water for the use of persons employed in or about the pleasure fair; and

(b) where the circumstances so require, means for the disposal of any impure or waste liquid.

26. Any person occupying any part of a pleasure fair shall, as respects that part, and the manager shall, as respects any part of the premises not occupied by some other person:-

(a) so far as practicable cause that part to be kept in a clean condition;

(b) as often as is necessary and practicable cause any refuse or litter within that part to be collected and deposited in a suitable receptacle.

27. The manager shall cause all refuse and litter to be collected at suitably frequent intervals from all such receptacles as are mentioned in the foregoing byelaw and be removed from the pleasure fair.

28. On the vacation of the site on which a pleasure fair has been held or any part thereof the manager shall remove or cause to be removed any refuse or litter remaining thereon, so as to leave it in a clean and tidy condition.

29. (1) No person having control of a caravan used or intended for use as sleeping accommodation shall place such caravan other than where there is an unobstructed space of not less than 2 metres between such caravan and

(a) any other such caravan;

(b) any window or door of any house or building which has sleeping accommodation on any upper floor;

(c) any stand, stall or structure.

(2) For the purposes of this byelaw any steps placed against a caravan for the purpose only of giving access to that caravan shall not be treated as an obstruction.

30. (1) No person having control of any stand, stall or structure shall place such a stand, stall or structure other than where there is an unobstructed space of not less than 2 metres between such stand, stall or structure and

(a) any caravan used or intended for use as sleeping accommodation;

(b) any window or door of any house or building which has sleeping accommodation on any upper floor.

(2) For the purposes of this byelaw any steps placed against a caravan for the purpose only of giving access to that caravan shall not be treated as an obstruction.

31. (1) No person shall place in any part of a pleasure fair any motor vehicle or any wood, paper, straw, cartons, boxes, packing materials, fabric, rags or similar combustible matter or any petroleum spirit, paraffin or similar substance at a distance of less than 2 metres from:-

(a) any caravan used or intended for use as sleeping accommodation;

(b) any window or door of any house or building which has sleeping accommodation on any upper floor.

(2) This byelaw shall not apply in the placing of a motor vehicle nearer than 2 metres from a caravan for so long as may be necessary for the purpose of towing the caravan.

32. Any person offending against any of the foregoing byelaws shall be liable on summary conviction to a fine not exceeding £200 and in the case of a continuing offence a further fine not exceeding £5 for each day during which the offence continues after the conviction thereof.

33. Repeals - From and after the date on which these byelaws come into operation, all byelaws in respect of pleasure fairs made by the Local Authorities which administered the are of Leeds City Council prior to the 1 April 1974 shall, so far as the area now administered by Leeds City Council is concerned, be and are hereby repealed.