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WHERE CAN I ESTABLISH A HAIR, BEAUTY OR SKIN PENETRATION BUSINESS IN DUNGOG SHIRE?

There are a number of options available for establishing a hair, beauty and/or skin penetration business in Dungog Shire - it depends on the type and size of the business.

  • If your business is small and will have no impact on your neighbours you may be able to operate from home provided that:
    - You live on the premises
    - The area of the building you use for the business is no larger than 60 square metres
    - You don't employ more than 3 people who don't live on the premises
    - Your business causes minimal interference to the amenity of the area, and
    - Your business is in character with the surrounding area.
    If you meet all of these criteria then your business will be classed as 'Home Employment' and may be permissible in all areas of the Shire except areas zoned Employment 4(a), Special Uses 5(a) and Recreation 6(a).
  • If you wish to open a salon or your business does not meet the criteria for 'Home Employment' then you are classified as 'Commercial' and can only operate in areas zoned Rural Enterprise 1(e), Village 2(v), Business
    3(a) or Employment 4(a).
  • You may also operate a mobile service (either from home or from a shop), provided that you can meet the same hygiene standards as a fixed location operation. Consult with Council’s Environmental Health Officer regarding specific requirements for mobile operations.

 

 
WHAT DOES SKIN PENETRATION INCLUDE?

Skin Penetration procedures are defined under the Public Health Act 1991 and include acupuncture, tattooing, ear and body piercing, hair removal (wax and electrolysis), cosmetic enhancement, semi-permanent make-up and any other beauty treatment that involves the deliberate penetration or removal of skin.
   
DO I NEED COUNCIL APPROVAL?

Yes… The establishment of a hair, beauty and/or skin penetration business, (including mobile services) requires Council development consent and registration.

  • For Development Consent - You need to lodge a Development Application with Council. You cannot commence operating your business until Council has granted Development Consent.
  • For Registration - once you have Development Consent, you need to write to Council to register your business.
  • You must provide the following details:
    - Registered Name of Business and the full name of the Business Owner
    - Details of the type of services that you are providing (eg hairdressing, hair removal)
    - Location where you will be conducting the business.
    - Your Business Licence details

A registration fee is payable. Council is also required by law to undertake an annual inspection of your business to ensure that you meet Public Health requirements. The registration fee and the annual inspection fee are listed in Council's Schedule of Fees & Charges - Section 42 Public Health & Licensing, which is available from Council's website www.dungog.nsw.gov.au.

If you are proposing to undertake building works you must apply for a Construction Certificate before you commence any work. (see Construction Certificate Information Sheet available from Council).


   
WHAT OTHER APPROVALS DO I NEED?

Prior to commencing operations you must obtain a licence from and register your business name with the Department of Fair Trading. Further information is available from the Business Licence Information Service on freecall 1800 463 976.
   
WHERE DO I START?

Hygiene, particularly the potential to contract and spread infectious diseases, is a major issue for hair, beauty and skin penetration businesses. In designing and operating your business you need to take into account relevant legislation, guidelines and codes of practice. Skin Penetrating Businesses must comply with the relevant provisions of the Public Health Act, 1991 and the Public Health (Skin Penetration) Regulation 2000.

See www.health.nsw.gov.au/public_health/ehb/general/skinpen/

In addition, businesses in Dungog Shire need to comply with the 'Guidelines for the Construction and Operation of Hairdressing, Beauty Therapy and Skin Penetration Premises' produced by the Hunter Regional Health Education Committee. It is also recommended that you read the Guidelines, Code of Best Practice and Fact Sheets for Skin Penetration businesses, issued by NSW Health.

   
HOW DO I GET DEVELOPMENT CONSENT?

Start by having a Pre-lodgement meeting with Council's Economic Development Officer. At this meeting Council will ask you about your proposal and the amount of construction and site works likely to be involved. At this meeting Council may provide advice on:

  • The factors that you need to consider in designing your buildings and operating you business.
  • The issues that you must address in your Development Application.
  • Registration and Annual Inspection process and the fees involved.
  • If building works are involved - how and when to apply for a Construction Certificate.

    Please bring details of the property you have selected and your proposal to this meeting. Preliminary concept plans and some photos of the property and surrounding properties would also help.

You will then need to lodge a Development Application and supporting information with Council. Information on the Development Application process is available from Council or from Council's website: www.dungog.nsw.gov.au. A Development Application form can be down-loaded from Council's website.

   
WHAT DO I NEED TO CONSIDER IN PREPARING MY DEVELOPMENT APPLICATION?

In preparing your Development Application and accompanying Statement of Environmental Effects you need to answer all relevant questions on the Development Application form. The requirements for a Development Application are set-out in Part A - Section 2 of Dungog DCP1. The specific information that you need to include with your Development Application is summarised below. If you are proposing to open a Salon you will also need to comply with the requirements of the Dungog Shire Car Parking Policy (Development Control Plan 1).

You are also required to have regard to the requirements of the Public Health Act and Public Health (Skin Penetration) Regulation 2002 as well as the 'Guidelines for the Construction and Operation of Hairdressing, Beauty Therapy and Skin Penetration Premises' produced by the Hunter Regional Health Education Committee.


   
What your business is and how it will operate
  • Location and description of the premise that you will be operating from.
  • The type of business (eg hair dresser, beautician, nail artist).
  • The activities you will be undertaking (eg hair cutting, hair removal, laser treatments).
  • Hours of operation including any proposed weekend and night-time activities.
  • The number of staff that will be employed and the maximum number of staff that will generally be on site at any one time.
  • Whether customers will be visiting your premise and if so, how many do you envisage per day.
  • If mobile - the areas and Shires that you will be operating in.

   
Information about the premise that is to be used and any building works proposed.

If your proposal involves skin penetration your proposed operation and premises must comply with the Public Health (Skin Penetration) Regulation 2000.
For all businesses you need to provide the following information:

  • Site plan showing the layout of the buildings and structures, setback from the boundaries and the location of your neighbour's buildings. For a home-based operation, indicate which rooms and facilities are to be used by clients.
  • Building plans showing what the building and structures will look like and the materials they will be constructed from.
  • Details of proposed fitout and equipment - must be in accordance with relevant guidelines and regulations.
  • For mobile operations you need to provide details of the equipment to be used, how it is to be stored and transported and the cleaning and disinfectant process.
  • Drainage system, particularly how you will control potential pollutants.
  • Access to the property and where staff, visitors and delivery vehicles will park.
  • Any proposed signage.

 

How you will prevent your operation from impacting on neighbouring properties and the environment.

You must demonstrate that your business will not impact negatively on the environment or your neighbours or detract from the amenity of the area. Specific issues that you must address include:

  • Waste disposal - How sharps, contaminated materials and contaminated water is to be disposed of.
  • Odours / Fumes - how you propose to control odours / fumes that may be emitted from your premise.
  • Traffic and Parking - the estimated volume of traffic that will be generated by your business (staff, customers nnnetc) and the potential impact on traffic and parking in the surrounding area
   
   
Further Information:
Dungog Shire Council | 198 Dowling St Dungog
Ph: (02) 4995 7777 Fax: (02) 49957750
Email: shirecouncil@dungog.nsw.gov.au
Web: www.dungog.nsw.gov.au
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