LGA Local Government Group / Department of Health Tobacco control survey, England 2010/11 A report of council trading standards service activity

Graham Birtle, Scrutiny Officer 28 June 2012 This report presents results from a survey of trading standards activities carried out by councils in England during the financial year April 2010 to March 2011. An online survey was emailed to all councils in England on 5 April 2011. The deadline for completion of the survey was Friday 20 May 2011. The survey was completed by 150 councils, which provided a response rate of 99 per cent. Although this response rate is high, the base for some findings does vary, as not every respondent answered every question.

Tobacco control activities

Respondents were asked which core tobacco control activities, from a list of six, their council had undertaken in the financial year 20010/11.

All councils were undertaking at least one type of activity. Nearly all councils (97 per cent) were involved in tobacco control activities related to under-age sales with fewest (47 per cent) being involved in activities related to niche tobacco supply.

There was a statistically significant increase in the number of authorities carrying out tobacco control activities in relation to tobacco advertising in comparison to 2009/10 (an increase from 54 per cent to 75 per cent).

Figure 1: Which, if any, of the following tobacco control activities has your council undertaken in the financial year 2010/11?

2 Under-age sales activity

Ninety seven per cent of all councils were conducting activities in relation to under-age sales.

Retail premises:

Complaints and enquiries received

Eighty three per cent of all councils had dealt with complaints and enquiries in relation to under-age sales at premises, receiving a total of 2,664 complaints and enquiries. If this figure is used as an indication of the likely picture in non-responding councils, an estimated total of around 2,800 complaints and enquiries about under-age sales from retail premises were received in England in 2010/11.

Visits by trading standards officers

Seventy seven per cent of all councils had visited premises in relation to underage sales, achieving 11,602 visits. If this figure is used as an indication of the likely picture in non- responding councils, an estimated total of around 12,900 premises were visited across England in 2010/11.

Matched sample analysis indicated there was a statistically significant increase in the mean average number of visits by trading standards officers from 63 in 2009/10 to 96 in 2010/1113.

Visits by trading standards officers as a result of complaints and enquiries

Of the councils who had conducted visits in relation to under-age sales activity (115 councils), 67 per cent conducted some of these as a result of complaints and enquiries. In total 1,123 visits by trading standards officers were conducted as a result of complaints and enquiries – this represented 11 per cent of the visits conducted.

This is a significant decrease on the 20 per cent of visits conducted as a result of complaints and enquiries in the financial year 2009/10.

Visits by trading standards officers by premises type

Councils were asked to provide a breakdown of their visits by trading standards officers (both those conducted as a result of a complaint/enquiry and those that were conducted without that driver) by premises type.

Analysis has only been conducted where councils undertook visits, and were able to provide an accurate breakdown across all premise types for visits by trading standards officers; 92 out of 115 councils were able to provide this detail.

In total 8,786 visits were undertaken by these councils, with the largest proportion of visits being conducted at small retailers (37 per cent) and the smallest proportion being conducted at national newsagents (two per cent).

3 Councils were asked to provide a breakdown by premises type for those visits by trading standards officers which were as a result of complaints and enquiries.

Analysis has only been conducted where councils were able to provide an accurate breakdown across all premise types for visits by trading standards officers, and visits conducted as a result of complaints and enquiries; 59 out of 115 councils were able to provide this detail.

The largest proportion of visits as a result of complaints and enquiries was undertaken at off licences and small retailers (12 per cent of all visits to both types of premises were as a result of complaints and enquiries) and the smallest proportion were undertaken at large retailers (where seven per cent of all visits were undertaken as a result of complaints and enquiries).

Significantly fewer visits were undertaken as a result of complaints and enquiries for large retailers than off-licences, small retailers and independent newsagents.

Conducting surveys of under-age sales with volunteer young persons

Ninety three per cent of all councils carried out visits to retail premises with volunteer young persons in test purchase operations of tobacco.

Of those conducting work around under-aged sales, three per cent of councils were engaged in under-age sales activities, but not carrying out surveys with volunteer young persons in test purchase operations in premises. For these (five councils), the two reasons cited were

4 that staff resource had been directed at other under-age sales activities (three councils) and financial resources had been directed at other under-age sales activity (three councils).

Outcome of visits to retail premises with volunteer young persons

Visits conducted

All 139 councils who had conducted visits to premises with volunteer young persons supplied the number of premises visited; a total of 7,125 visits. If this figure is used as an indication of the likely picture in non-responding councils, an estimated total of around 7,200 premises across England were visited by volunteer young persons conducting test purchases in 2010/11.

Matched sample analysis indicated there was a statistically significant increase in the mean average number of visits to premises with volunteer young people from 42 in 2009/10 to 51 in 2010/11.

Number of visits to premises resulting in illegal sales

All but one council were able to report the number of visits where sales had occurred to volunteer young people. Of those able to provide detail, 86 per cent reported that cigarettes or tobacco products had been sold in at least one premises; cigarettes were sold to under- age young persons at a median of five premises and a total of 1,068 premises.

If this figure is used as an indication of the likely picture in non-responding councils, an estimated total of around 1,100 premises across England were detected making illegal sales of tobacco products to under-age young persons in 2010/11.

Proportion of visits to premises resulting in illegal sales

One hundred and thirty eight councils provided data on both the number of premises visited and the number at which cigarettes were sold to under-age young persons. Illegal sales of cigarettes occurred in 15 per cent of test purchases at premises.

This is broadly the same percentage as in 2008/09 and 2009/10, where 18 per cent of illegal sales and 15 per cent of illegal sales occurred respectively.

The largest proportion of visits resulting in under-age sales was from ‘other’ types of premises (41 per cent of all visits to other types of premises resulted in sales) and the fewest occurring at national newsagents (nine per cent of all visits to newsagents resulted in sales).

5 Significantly more illegal sales occurred at ‘other’ types of premises than any premise types. Significantly more sales also occurred at petrol station kiosks, small retailers and independent newsagents that at off-licences, larger retailers and national newsagents.

Actions taken in relation to the Children and Young Persons Act 1933(as amended)

Breaches to the Children and Young Persons Act 1933 (as amended)

All councils who had undertaken visits in relation to under-age sales (96 per cent of all councils), whether premises or vending machines, were asked about actions taken as a result of under-age sales activity .

Of councils who had undertaken visits, 85 per cent stated that action had been taken by their council as a result of a breach to the Children’s and Young Persons Act 1933 (as amended), between 1 April 2010 to 31 March 2011. This equates to 81 per cent of all councils.

Actions taken in relation to breaches to the Children and Young Persons Act 1933 (as amended)

Respondents who had taken action were asked to provide details of the types of actions that had been taken. Of those who had taken action, and could provide detail on actions taken, verbal or written warnings were the most common type of action to be taken by councils (77 per cent).

However, a significantly greater number of authorities (58 per cent) had issued simple cautions than in 2009/10 (39 per cent).

Matched sample analysis also indicated there was a statistically significant increase in the mean average number of cautions issued from one in 2009/10 to two in 2010/1120.

6 Twenty six councils also provided detail of ‘other actions’ that they had taken. Actions that were more frequently mentioned included providing training courses for staff in businesses.

Prosecutions relating to the 1933 Act (as amended)

Of the councils that had provided detail on the number of actions undertaken (113 councils), 48 per cent had taken formal legal action. The median number of prosecutions was two per trading standard service area, with 157 prosecutions in total.

Forty one councils knew the outcome of prosecutions prior to 31 March 2011 (totalling 92 cases, with a median average of two cases per council).

Forty councils stated that one or more of their prosecution cases against a business had ended in a conviction (a total of 87 convictions, with a median average of one per council). Of all business prosecution cases with a known outcome, 89 per cent resulted in a conviction.

Thirty six councils provided detail on the number of individual convictions resulting from prosecution cases – with 81 individual convictions, and a median average of one conviction per council.

Fines as a result of legal proceedings in relation to the 1933 Act

Thirty nine councils, out of the 40 who knew the outcome of some of their prosecutions, reported that magistrates had imposed a fine as a result of one or more of these convictions.

Thirty six councils could provide detail on the level of these fines. The majority of fines imposed were £500 or less (85 per cent), 13 per cent of fines imposed were of a value between £501 and £1,000 whilst two per cent reported fines of £1,001 - £1,500. Table 8 below depicts the findings.

7 Enhanced retailer sanctions

Four councils had applied for a restricted premises order for retail business premises. Five applications had been made with a median average of one per council. Three restricted premises orders had been awarded to three councils.

One council had applied for two restricted sales orders in relation to staff in one premises; one restricted sales order had been sanctioned by the Court.

Detail was provided about three of the restricted premises orders; two had been placed on off licences and one on a small retailer. The length of restrictions ranged from two weeks to three months. In the case of two of the retailers, additional actions were also taken:

 CCTV cameras were fitted  A fine was imposed

Publicity as a result of breaches in relation to the 1933 Act

Respondents who reported their council had taken action as a result of breaches to the 1933 Act (76 per cent of all councils) were asked to state whether there was any publicity as a result of the actions taken against premises or individuals.

Of these, 44 per cent of trading standards services said that there had been publicity. Publicity was most frequently stated as being within the local press (96 per cent of councils), followed by the local radio (18 per cent of councils).

Ten councils reported other types of publicity; six of these councils mentioned website publicity (which included local council websites, council intranet pages and news websites).

No councils reported publicity through either the national radio or national television stations.

Illicit tobacco products

Councils carrying out tobacco control activity in relation to illicit tobacco products

Eighty seven per cent of all councils were conducting activities in relation to illicit tobacco products.

Complaints and enquiries

Seventy per cent of all councils had dealt with complaints and enquiries in relation to the supply of illicit tobacco products. A total of 1,587 were received, with a median average of seven per authority. If this figure is used as an indication of the likely picture in non- responding councils, an estimated total of around 1,700 complaints and enquiries about illicit tobacco products were received in England in 2010/11.

Matched sample analysis indicated there was a statistically significant increase in the mean average number of complaints and enquiries received, from 10 in 2009/10 to 14 in 2010/1122.

Visits by trading standards officers

Seventy three per cent of all councils had visited premises in relation to illicit tobacco products; a total of 3,897 visits were achieved. If this figure is used as an indication of the

8 likely picture in non-responding councils, an estimated total of around 4,300 premises were visited across England in 2010/11 in relation to illicit tobacco products.

Visits by trading standards officer as a response to complaints and enquiries

Of those who conducted visits in relation to illicit tobacco products, 72 per cent said they conducted some of these as a result of complaints and enquiries. For these councils, 27 per cent of all visits by trading standards officers were conducted as a result of complaints and enquiries.

Seizure of illicit tobacco products at visits

Of those councils who had made visits (110), 84 per cent stated that some visits had resulted in the seizure of illicit tobacco products. This is a significant increase on the 56 per cent of councils who stated that they had seized illicit tobacco products in 2010/11.

Eighty one councils reported the number of visits where illicit products had been seized; a total number of 702. This means that illicit tobacco products were seized in 19 per cent of all visits. This is a significant increase on the number of visits where tobacco was seized in 2009/10 (13 per cent of 3,427 visits).

Counterfeit tobacco

The type of counterfeit tobacco product stated as being seized by the greatest number of councils was hand rolling tobacco and cigarettes (51 per cent for both). The median average quantity of hand rolling tobacco seized was approximately nine kilograms (kg), while the quantity of cigarettes seized was approximately 1,650 sticks.

Two per cent of councils (two councils) that had made seizures stated that they had seized shisha, with one per cent of councils (one council) stating that they had seized smokeless tobacco products.

In 2009/10 cigarettes were most frequently seized (65 per cent of councils); however the decrease to 51 per cent of councils in 2010/11 is not statistically significant. No councils had seized smokeless tobacco in 2009/10. However, broadly speaking proportions of councils stating that they had seized each different type of counterfeit tobacco stayed the same as in 2009/10.

Smuggled tobacco

The type of smuggled product most frequently stated as being seized by local councils was cigarettes (75 per cent of councils), followed by hand rolling tobacco (63 per cent of councils), with 19 per cent seizing shisha. The median average quantity of cigarettes seized was approximately 7,150 sticks, with the quantity of hand rolling tobacco being 15kg, and the quantity of shisha being 19kg.

Twelve per cent of councils stated that they had seized smokeless tobacco, and five per cent stated that they had seized other tobacco products. Other smuggled tobacco products included: blunts, cigars and pipe tobacco.

Actions taken in relation to illicit tobacco products

All councils who had undertaken visits with trading standards officers in relation to illicit tobacco products (73 per cent of all councils) were asked details about what, if any, types of actions had been undertaken.

9 Of those who had undertaken visits, and could provide detail on actions taken, written or verbal warnings were the most common type of action to be taken by councils (42 per cent), followed by 18 per cent issuing simple cautions.

Prosecutions relating to illicit tobacco products

Of the councils that had provided detail on the number of actions taken (107), 22 per cent had taken formal legal action. The median number of prosecutions was two per council, with 96 prosecutions in total.

Of the 24 councils who had undertaken prosecutions, 14 knew the outcome of prosecutions prior to the 31 March 2011 (totalling 52 cases, with a median average of two cases per council).

Twelve out of 14 councils were able to provide detail on the number of cases that ended in conviction. Ten out of 12 councils stated that one or more of their prosecution cases had ended in a conviction (a total of 38 convictions, with a median average of two prosecution cases per council). Two councils stated that there had been no convictions and two councils did not know.

For those prosecutions where the outcome was known (reported by ten councils), 95 per cent resulted in a business conviction.

Ten councils out of 12 councils stated that one or more of their prosecutions had resulted in an individual conviction – with 41 individual convictions in total, and a median average of two individual convictions per council. Two councils stated that there had been not been any individual convictions and two councils did not know.

Other illicit tobacco control activities

Sixty three per cent of councils had undertaken joint operations with HMRC as part of their activity in relation to illicit tobacco products.

This is a significant increase on the 50 per cent of councils who had undertaken this type of work in 2009/10.

The full report can be downloaded at: http://www.lacors.gov.uk/lacors/ContentDetails.aspx?id=25141

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