A former gym owner has become the first person to be successfully prosecuted under new legislation, which bans children from using sunbeds.
Bury and Rochdale Magistrates’ Court heard a 15-year-old girl was severely burned after using a token-operated sunbed at the Olympic Power Mill gym in Bury. The girl used the sunbed for 10 minutes on 10 May 2012 and then returned the following day for another 10-minute-session.
She was not asked to prove her age and was not provided with any eye protection goggles by the gym. She developed severe burns and blisters and was hospitalised for 24 hours. She was unable to return to school for 15 days owing to her injuries.
Bury Council investigated the incident and found the gym, which at the time was owned by Stewart Hall, had no procedures in place to check or record the age of customers using the sun bed. Under the Sunbed (Regulation) Act 2010 all children under the age of 18 are banned from using sunbeds.
The investigation also found that in addition to the girl being underage, she was also allowed to use the sunbed for 10 minutes per session. This exceeds the recommended time for first-time users, which states a person should use a sunbed for no longer than three minutes per session.
During the girl’s second visit a friend accompanied her and sat in the room while she used the sunbed. As she was also under 18, she shouldn’t have been allowed to access the area where the sunbed was located.
Bury Council senior EHO Rob Hall told SHP: “Businesses who offer sunbeds for use must ensure that they are abiding by the Sunbeds (Regulation) Act 2010. They must ensure that users are over 18 and adopt an appropriate method of checking age and recording it.
“In this case, a 15-year-old girl ended up in hospital for 24 hours with severe burns. This highlights the severity that sunbeds can have on the skin if used inappropriately. Under-18s must be made aware of the dangers.”
Hall appeared in court on 28 January and pleaded guilty to two breaches of s2(1)(a) of the Sunbeds (Regulation) Act 2010, for allowing a person under the age of 18 to use a sun bed, and s2(1)(c) of the same Act, for allowing an underage person to access the room where the equipment was located. He was fined £500 and ordered to pay £1500 in costs.
In mitigation, Hall said he sold the gym in December last year and asked the court to take into account his limited financial means. He entered a guilty plea and accepted he should have asked for identification to prove the girl’s age, but added that he thought she looked over 18. He had no previous convictions.
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