COUNCIL chiefs are investigating claims that a new health club in York has breached rules for employing children.

The move follows a complaint from a local woman that the Next Generation club has breached York by-laws, which state that children under 16 can only work two hours a day after school and on Sunday, and up to seven hours on Saturday until 7pm.

The club in Hull Road, which opened in February, has accepted that it did employ youngsters aged under 16, but denied any breaches of the law.

But the woman, who has asked not to be named, told the Evening Press her 14-year-old son worked in the kitchens at the health club from 5.30pm until as late as 11.30pm, sometimes without a break, and several children had worked for several hours on a Sunday.

She said she asked the council about working hours for children and the next day the club sacked her son. When she spoke to the club, she said they told her they were getting rid of all staff members who were under 16, but several 15-year-olds are still working there.

"I never expected that a national company would be doing anything wrong," she said.

A City of York Council spokesman said: "We are investigating a complaint from a parent about the employment of children at Next Generation but we are not in a position to say whether any laws have been broken. There are by-laws in operation in York which are modelled on Government guidance.

"Breaches of these by-laws by employers, who are responsible for ensuring they are complied with, could result in a prosecution of those employers in the magistrates' court."

But Fiona Himsworth, Melissa Brannigan and Paula Lysaght, whose 15-year-old sons Lawrie, Ben and Adam work at the club, said their children had benefited from working there.

They said: "Next Generation are only doing what countless other employers in York have been getting away with for years. It's about time the council reconsidered the local by-laws in respect of teenagers working to take account of what is actually going on in York today - Sunday trading, for example."

A spokeswoman from Next Generation said: "Next Generation Clubs can confirm that individuals under the age of 16 were employed by the Club on Hull Road in York. There have been no legal breaches in this employment.

"The York club are liaising directly with York City Council (sic) and are being advised of working hours and guidelines of employment."

Updated: 10:59 Monday, May 12, 2003