Tattoo Licensing in Wales: What the New DBS Requirement Means for Practitioners

Wales has introduced a mandatory licensing regime for certain special procedures, including tattooing, body piercing, acupuncture, electrolysis and semi-permanent make-up.

The new framework is designed to improve public protection by setting consistent standards for practitioners and premises.

As part of the licensing process, applicants must provide information that allows the relevant local authority to assess whether they are fit to hold a licence. This includes criminal-record information obtained through a Basic Disclosure and Barring Service check.

For tattoo artists and other practitioners affected by the rules, the important point is that the DBS requirement sits within a wider licensing process. It is not the same as a general employment-screening requirement, and it does not mean every person working in a tattoo studio needs a higher-level criminal-record check.

What Has Changed in Wales?

The special-procedures licensing regime applies across Wales and covers several activities that involve piercing, puncturing or otherwise affecting the skin.

These include:

• Tattooing
• Semi-permanent make-up
• Body piercing
• Acupuncture
• Electrolysis

Practitioners carrying out these procedures generally need to hold an individual licence, while premises and vehicles used for certain procedures may also need to be approved.

The licensing process allows local authorities to consider whether an applicant meets the relevant statutory and regulatory requirements before a licence is granted.

One element of that process is the provision of appropriate criminal-record information.

What Type of DBS Check Is Required?

The licensing process uses a Basic DBS check.

A Basic DBS certificate shows convictions and conditional cautions that are considered unspent under the Rehabilitation of Offenders Act 1974.

This is different from a Standard or Enhanced DBS check.

Standard and Enhanced checks can disclose a wider range of criminal-record information, but they are only available for roles and activities that meet specific legal eligibility requirements.

A tattoo artist cannot simply request an Enhanced DBS check because they work closely with members of the public.

The level of check must reflect what the law permits.

For a fuller explanation of the different levels of criminal-record screening, read our guide to DBS checks.

Why Is a DBS Certificate Part of the Licensing Process?

The DBS certificate provides factual criminal-record information that the local authority can consider when deciding whether the applicant is a fit person to hold the relevant licence.

That does not mean a criminal record automatically prevents someone from working as a tattoo artist or other licensed practitioner.

The existence of an unspent conviction may need to be considered alongside factors such as:

• The nature of the offence
• Its relevance to the licensed activity
• How long ago it occurred
• The circumstances surrounding the offence
• Any subsequent conduct
• Information provided by the applicant
• The wider statutory licensing criteria

The local authority is responsible for determining the significance of the information within the licensing framework.

A DBS certificate does not itself make that decision.

A Basic DBS Check Has Clear Limits

It is important not to overstate what a Basic DBS check can establish.

A Basic certificate reports certain unspent convictions and conditional cautions.

It does not provide a complete assessment of someone's character, professional competence or future behaviour.

It also does not verify matters such as:

• Qualifications
• Training
• Insurance
• Employment history
• Hygiene standards
• Professional competence
• Compliance with premises requirements
• Future conduct

For that reason, the DBS requirement should be understood as one component of the licensing process rather than a guarantee that a practitioner presents no risk.

Licensing Is Different from Pre-Employment Screening

The Welsh licensing rules relate to whether an individual is permitted to carry out specified procedures.

That is different from an employer carrying out pre-employment screening.

A tattoo studio recruiting staff may have its own lawful and proportionate recruitment checks, but the special-procedures licence is an individual regulatory requirement that applies independently of ordinary recruitment procedures.

For example, an employer might also consider:

• Identity verification
• Right to Work checks
• Qualification or training evidence
• Employment references
• Professional history
• Other role-relevant checks

Those enquiries have a different purpose from the Basic DBS certificate required for the licensing process.

Studios should therefore avoid assuming that possession of a licence removes the need for appropriate recruitment and operational controls.

What Should Tattoo Studios Check?

Where a business employs or engages practitioners, it should understand how the licensing requirements apply to the individuals carrying out procedures.

Practical points may include confirming:

• Whether the practitioner requires an individual special-procedures licence
• Whether the licence is current
• Whether the premises or vehicle used for the procedure requires approval
• Whether relevant training and competency requirements are satisfied
• Whether Right to Work requirements have been completed where applicable
• Whether appropriate insurance and operational controls are in place

The precise responsibilities will depend on the business model and the procedures being offered.

A practitioner working independently may have different administrative responsibilities from someone employed within a larger studio.

What Happens If a DBS Check Shows a Conviction?

A disclosed conviction should not automatically be treated as proof that someone is unsuitable to practise.

The licensing authority needs to consider the information in accordance with the relevant legal framework.

An offence may be highly relevant, of limited relevance or potentially unrelated to the activity.

Context matters.

Applicants should also have an appropriate opportunity to provide information where relevant, particularly where the circumstances of an offence or the accuracy of the information require clarification.

A proportionate decision should distinguish between factual criminal-record information and assumptions about an individual's future behaviour.

Does This Apply Outside Wales?

The Welsh special-procedures licensing regime applies in Wales.

Tattooing and body-piercing regulation differs elsewhere in the UK.

Businesses operating across multiple jurisdictions should therefore avoid assuming that the same licensing and DBS requirements apply in England, Scotland or Northern Ireland.

The correct regulatory framework depends on where the procedure is being carried out and the applicable local or national requirements.

This is particularly important for businesses with multiple studios or practitioners who work across different locations.

What About Enhanced DBS Checks?

The Welsh licensing requirement should not be interpreted as creating general eligibility for Enhanced DBS screening.

An Enhanced check is only available where the duties of a role meet the relevant statutory criteria.

The same applies to checks of the Children's Barred List or Adults' Barred List.

A practitioner may be eligible for a higher-level check in a separate role, for example where their work involves regulated activity, but that eligibility would arise from those duties rather than from tattooing itself.

Employers and practitioners should therefore establish the correct level of disclosure before an application is submitted.

Conflict International provides DBS Check Services for organisations requiring Basic, Standard or Enhanced screening where the appropriate eligibility requirements are met.

What the Welsh Rules Mean in Practice

The new framework brings tattooing and other special procedures within a more formal licensing structure.

For practitioners, that means demonstrating compliance with the requirements relevant to the licence rather than relying solely on local registration arrangements.

For businesses, it means understanding which individuals and premises need approval and ensuring the correct documentation is in place.

The Basic DBS certificate forms one part of that process.

It provides factual information for the licensing authority to consider, but it should not be treated as a guarantee of professional suitability or public safety.

The wider licensing regime, training requirements, premises standards and day-to-day professional practice remain equally important.

Discuss Your DBS Requirements

Conflict International supports organisations requiring DBS checks for recruitment, licensing and wider screening purposes.

We can coordinate Basic, Standard and Enhanced DBS applications where the relevant eligibility requirements are met and incorporate DBS screening into wider pre-employment programmes where appropriate.

Complete the enquiry form below to discuss your DBS Check requirements.