BEAUTY AND HEALTH ESTABLISHMENTS
S 46/2016
REVISED EDITION 2022
B.L.R.O. 7/2022
Beauty and Health Establishments
B.L.R.O. 7/2022 3
REVISED EDITION 2022
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Beauty and Health Establishments Act is Brunei Act, cited as Act 241 2016, currently marked in force and first recorded in 2016.
Chapter
S 46/2016
REVISED EDITION 2022
B.L.R.O. 7/2022
Beauty and Health Establishments
B.L.R.O. 7/2022 3
REVISED EDITION 2022
Opening note
Part
Citation
This Act may be cited as the Beauty and Health Establishments Act.
Interpretation
In this Act, unless the context otherwise requires —
“advertise” means advertising by means of boards, circulars and all forms of printed or written matter;
“authorised officer” means a person appointed as such under section 4;
“beauty and health establishment” means any premises that provide any one or a combination of the services or facilities set out in
Schedule 1;
“licence” means a licence issued under section 6(3);
“licensed place” means the beauty and health establishment in respect of which a licence has been issued;
“licensing authority” means the licensing authority appointed under section 3;
“Minister” means Minister of Home Affairs.
Licensing authority
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, appoint a licensing authority for the purposes of this
Act.
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The licensing authority shall, subject to any directions of the
Minister, be responsible for the general supervision of the implementation and the administration of this Act.
Authorised officers
The Minister may, by notification published in the Gazette, appoint such number of authorised officers to carry into effect any specific provisions of this Act or of any regulations made thereunder.
Part
Licence to carry on beauty and health establishment
No person shall carry on a beauty and health establishment unless he is in possession of a valid licence.
Application for licence
A person who wishes to obtain a licence shall make an application to the licensing authority in the form and manner as the licensing authority may determine.
Upon receiving any application under subsection (1), the licensing authority may require the applicant to furnish him with such additional information as he may require.
After receiving an application under subsection (1) and any additional information under subsection (2) and on payment of such fee as specified in Schedule 2, the licensing authority may —
issue a licence to the applicant to carry on a beauty and health establishment of the description in the name and address specified in the application;
A licence shall not be renewable as of right and an application to renew shall be treated as an application for a licence.
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Disqualification
No licence shall be issued —
in respect of premises which, in the opinion of the licensing authority, are not suitable for operating a beauty and health establishment; or
if the applicant fails to give an undertaking that persons with the necessary qualifications or skills will be employed.
Period of licence
Every licence shall be valid for a period of 3 years from the date of issue, unless suspended or revoked.
Licence not transferable
A licensee shall not transfer his licence to, or permit his licence to be used by, another person.
Grant, suspension or revocation of licence
Subject to the provisions of subsection (3), the grant of any licence issued, or to be issued under this Act shall be in the absolute discretion of the licensing authority.
The licensing authority may suspend or revoke a licence granted to any person on proof to his satisfaction of an offence against this Act or other misconduct by such person.
Any person who is aggrieved by the refusal of the licensing authority to grant a licence or by a decision of the licensing authority to suspend or revoke a licence may, within 14 days of the date of receipt of the notice of such refusal, suspension or revocation, appeal in writing to the
Minister, whose decision shall be final.
Changes in particulars of licence
Whenever any change is made or occurs to the name or address of the licensed place, the licensee shall within 30 days of such change —
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furnish to the licensing authority a statement in writing specifying the nature and date of the change; and
surrender the licence to the licensing authority, and the licensing authority shall, as soon as practicable, issue a new licence to the licensee.
Replacement of lost or defaced licence
Where it is proved to the satisfaction of the licensing authority that a licence has been lost, destroyed or so mutilated or defaced as to be illegible, the licensing authority may, on receipt of an application from the licensee and on payment of a fee as specified in Schedule 2, issue a replacement licence to the licensee, and the replacement licence so issued shall have the same effect as the original.
If at any time after the issue of a replacement licence the original licence is found, the licensee shall return the original licence to the licensing authority.
Display of licence
Every licensee shall exhibit his original licence in a conspicuous place at the licensed place.
Part
Register of employees
A licensee shall maintain a register containing the names, identity card numbers, residential addresses, qualifications or skills and any other relevant particulars of his employees, as well as the photographs of his employees, and shall produce the register for inspection whenever required by the licensing authority.
A licensee shall, on hiring an employee, submit the particulars of that employee to the licensing authority and shall inform the licensing authority of any change of particulars of the employee.
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Medical examination
A licensee shall ensure that he, if he is also an employee, and his employees undergo, once every 2 years, a medical examination and receive a medical certificate by a medical practitioner registered under the Medical
Practitioners and Dentists Act (Chapter 112).
Use of curtains or other screens to separate beds not exceeding 2 metres in height 16.
A licensee may, in areas used for massage or for maintaining any part of the body or face, use curtains or other screens made of any material specified by the licensing authority to separate the beds but such curtains or screens shall not exceed 2 metres in height measured from the floor.
The door of any area where services are rendered or facilities are being provided shall not be locked.
Separate changing rooms
A licensee shall ensure that there is a proper and separate space to change for the male and female clients.
Duty of licensee
No licensee shall —
allow any person whom he knows or reasonably suspects to be suffering from an infectious or communicable disease to enter the beauty and health establishment;
employ in the beauty and health establishment any person whom he knows or has a reason to believe to be suffering from an infectious disease;
employ in the beauty and health establishment any person whom he knows or has reason to believe to be a prostitute or a person of bad behaviour;
dress inappropriately or allow an employee to dress inappropriately in the beauty and health establishment;
treat male and female clients in the same treatment areas;
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allow any animal to enter, remain or be kept in the beauty and health establishment; and
display any obscene photograph, picture, article or thing in the beauty and health establishment.
Subsection (1)(e) and (f) do not apply to a premises that provides a gymnasium or an aerobics service or facility.
Part
Power to enter and inspect licensed place
The licensing authority or any authorised officer may enter and inspect a licensed place and examine all books or other documents found in the licensed place and remove them for further examination.
Offences
Any person who —
carries on a beauty and health establishment in respect of which he does not hold a valid licence;
for the purpose of obtaining, whether for himself or any other person, the issue of any licence under the provisions of this Act makes any declaration or statement which is false in any material particular or knowingly alters, produces or makes use of any such declaration or statement or any document containing the same;
refuses to licence the licensing authority or any officer authorised by him to enter or inspect any licensed place which the officer is authorised under this Act to enter and inspect or obstructs any such officer in the execution of his duty under the provisions of this
Act or any regulations made thereunder;
carries on a beauty and health establishment in contravention of the provisions of this Act or any regulations made thereunder or any condition of a licence; or
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issues, publishes or displays or causes to be issued, published or displayed any advertisement relating to beauty and health establishment which is not licensed in accordance with the provisions of this Act, is guilty of an offence and liable on conviction to a fine not exceeding
$10,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during which the offence continues after conviction.
Amendment of Schedules
The Minister may, with the approval of His Majesty the Sultan and
Yang Di-Pertuan, by order published in the Gazette, amend the Schedules to this Act.
Regulations
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make such regulations as he considers necessary or expedient for giving effect to and carrying out the provisions of this Act, including the prescription of any fees or other thing required to be or which may be prescribed under this Act, and for the due administration thereof.
Such regulations may include such incidental, consequential and supplementary provisions as the Minister considers necessary or expedient.
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SCHEDULE 1
(sections 2 and 21)
SERVICES AND FACILITIES
1.
Aerobics 2.
Aromatherapy 3.
Barber 4.
Body-slimming 5.
Cosmetic 6.
Facial and body treatment 7.
Gymnasium 8.
Hair salon 9.
Manicure and pedicure 10.
Massage 11.
Reflexology 12.
Spa, including hot or cold water pools.
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SCHEDULE 2
(sections 6, 12 and 21)
FEES
1.
Issue or renewal of licence valid for 3 years
$300 2.
Replacement licence
$ 10.
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