Service Delivery Plans 2006-07 and Review of 2005-06 Service Delivery Plans
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BOROUGH OF POOLE ENVIRONMENT OVERVIEW GROUP 30 MARCH 2006
REPORT OF HEAD OF ENVIRONMENTAL & CONSUMER PROTECTION SERVICES
SERVICE DELIVERY PLANS 2006/07 AND REVIEW OF 2005/06 SERVICE DELIVERY PLANS
Part of forward plan: Yes
1. PURPOSE
1.1 To seek member approval for the Council’s
Trading Standards Plan 2006/07 Underage Plan 2006/07 Food Service Plan 2006/07 Health & Safety Plan 2006/07
2 DECISION REQUIRED
2.1 That members support the proposed service and underage plans and recommend that Cabinet approve them.
3 BACKGROUND INFORMATION
3.1The Foods Standards Agency, Health & Safety Commission and the Department of Trade and Industry (DTI) require that local authorities prepare appropriate service plans.
3.2The Council has linked the plans by means of an overarching introduction relating to all plans, which profiles Poole, details the political structure and demonstrates the links to Poole’s priorities.
3.3The Trading Standards Plan is attached as Appendix A, Underage Plan as Appendix B, Food Service Plan as Appendix C, Health & Safety Plan as Appendix D.
4 The Year Ahead 2006/07
4.1 In January 2006 the Government introduced the Legislative and Regulatory Reform Bill. The Bill provides a swift mechanism for delivering wide scale regulatory reform and reductions in administrative burdens on business.
4.2The Unit has sought respond proactively to the intentions of the Bill by focusing attention on businesses having a higher risk of not meeting their
1 legal responsibilities and take proportionate action where omissions occur. In line with the Bill this principle will be extended by increasing “alternative inspection techniques” such as self audit questionnaires, seminars, tailored information and advice for business. We will engage further with business so that we are best meeting their needs.
4.3Legislation prohibiting smoking in enclosed public spaces is expected to be introduced in summer 2007. On clarification of details we will work with business to ensure that they are aware of the smoking restrictions and their responsibilities to manage these.
4.4Other work to be carried out:
Respond to complaints, enquiries, investigate accidents and food poisoning.
Undertake specific project based work based on local priorities as detailed in service plans.
Work with partner organisations to ensure coordination and reduce duplication.
Continue to participate in inter-authority auditing with the aim of identifying and incorporating best practice.
Work relating to restricting underage sales to include alcohol and tobacco test purchasing based on information obtained and particularly to take account of the Licensing Act 2003 and the Anti-Social Behaviour Act 2003.
5. REVIEW OF 2005/06 SERVICE PLAN OBJECTIVES
5.1 Food Service Plan 2005/ 2006
The following tables show inspections achieved for food standards and hygiene up to 13 March 2005.
Food Standards
Risk Category High Medium Low % inspections completed 92% 91% 32%
In addition 32 alternative enforcement visits were undertaken for Food Standards.
Food Hygiene High (A-C) Low (D-F) % inspections completed 96% 12%
Project work carried out included: Participation in a regional project into the nutrition content of children’s food. Breakfast cereals were sampled to assess compliance with the label in terms of salt, sugar and fat. A product was found to contain a higher
2 level of salt than that stated on the packet and this has resulted in the product label being amended. Sampling of chicken kebabs for microbiological quality to look at correlation with food hygiene risk rating of premises found that premises tested were correctly rated and that those rated as B warranted having a yearly inspection. Follow up work regarding general hygiene will be carried out with business. A licensee was prosecuted for substituting vodka and three other licensees were issued with formal cautions for spirit substitution. A take away was issued with a formal caution for serving a piece of metal in a meal.
5.2 Trading Standards Plan 2005/ 2006 The following tables show inspections achieved for Trading Standards up to 13 March 2005.
Trading Standards High Medium Low % inspections completed 95% 87% 30%
In addition 240 alternative enforcement visits were.
Other work carried out included: A “Scam advertisement” internet site www.betterlife.50g.com was set up in conjunction with Bournemouth Trading Standards. The site address was advertised in the local newspaper under a devised trading name. The site made unrealistic claims of money people could earn and invited them to pay to participate. On attempting to pay this fee the enquirer was told we had set up the site and given information to avoid being conned. Over 400 “hits” were made to the site, with a number of people seeking further help. Visiting car repair/servicing businesses to ensure correct customers rights were given and credit options properly displayed. 2 people were prosecuted for selling counterfeit DVDs at a car boot sale. These people were also found selling at a car boot sale in Dorset, both authorities worked together and the people were sentenced to 20 weeks imprisonment each. A trader was issued with a formal caution for selling counterfeit goods.
5.3 Health & Safety Plan 2005/ 2006
The following tables show inspections achieved for Health & Safety up to 13 March 2005.
Risk Category High ( A-B2) Medium(B3-B4) Low( C) % inspections completed 77% 12% N/A
In addition over 300 self audit questionnaires were completed by low risk businesses.
Other work carried out included:
3 In partnership with the Health and Safety Executive and other local authorities providing a trader seminar on health and safety in pub cellars and subsequent joint inspection with the HSE on beer deliveries and furniture delivery. A seminar was delivered to providers of let accommodation as to their safety responsibilities and presentation made at a Wessex Business Link seminar on both safety and avoidance of misleading packaging . Opportunity was also taken to address littering. The introduction of new body piercing hygiene and customer safety standards together with registration. This applies the same standards as those relating to tattooing. 20 premises were identified and registered and they now are all meeting hygiene and safety standards
5.4 Underage Sales Plan 2005/ 2006
Work carried out included: SWERCOTS advisory pack has been distributed to 100 premises in Poole mainly in relation to alcohol off sales, and premises selling fireworks. 245 applications under Licensing Act 2003 considered in relation to suitability of premises procedures to deal with underage sales. Of these 10 premises were asked to clarify how sales of alcohol to under 18s would be prevented. Satisfactory additional information was received detailing staff training and strict application of proof of age. Test purchasing of alcohol: July 2005 Test purchasing by 15 and 16 year old volunteers, sales made at 4 out of the 5 premises, which resulted in 1 prosecution, 2 formal cautions, 1 penalty notice for disorder and 5 warnings. December 2005 in contribution to Government Alcohol Misuse Enforcement Campaign, test purchasing by underage 13 and 14 year old volunteers. 21 purchases were attempted. On 16 occasions age or ID was asked for, but on 5 occasions sales were made, which resulted in 3 people being reported for prosecution and 2 people being issued with penalty notices for disorder.
5.5 Other Work Completed in 2005/ 2006
Questionnaires are sent to a sample of service users. In the most recent survey in October 2005 there was a return rate of 65%. 65% of those consumers making a complaint were satisfied. 82% of businesses who had received an inspection said they were highly satisfied with the service received and 97% of businesses reported the officer was courteous, polite and informative.
We are continuing to develop staff and are supporting four officers to qualify as Trading Standards/ Environmental Health Officers. Three officers obtained full qualification during the year.
Shaun Robson Head of Environmental and Consumer Protection Services
Contact Officer: Jeff Morley 01202 261710
4 TRADING STANDARDS SERVICE DELIVERY PLAN 2006/07
Environmental & Consumer Protection Services - Trading Standards
The Services aim in relation to Trading Standards is to protect consumers against illegal practices in the provision of goods and services with regard to their safety, quality, quantity, pricing and fair trading. Protection to be achieved by direct action as well as by the empowerment of consumers and the provision of support for business. All with an overall aim to promote a fair and safe trading environment. The service delivery to be prioritised to support local need as outlined by Corporate core values and priorities but also to take account of national standards as outlined in the Trading Standards national performance framework.
PART ONE: CORE RESPONSIBILITIES
A: Core Responsibilities of the Trading Standards service Page 2
B. Local structure and resources Page 6
C: Assessing community expectations and feedback Page 9
PART TWO: NATIONAL AND LOCAL PRIORITIES
D: Policies on national and local priorities Page 14
E: Efficient, effective and improving Trading Standards Service Page 23
PART THREE: REVIEW, ASSESSMENT AND IMPROVEMENT F:Quality assessment and review Page 24
5 PART ONE: CORE RESPONSIBILITIES
A: Core Responsibilities of the Trading Standards service
1.Core Responsibilities form (as required by the National Performance Framework 2003) Is this in your Enforcement 4 Description remit? Responsibility (yes or no?) Work relating to the accuracy of weighing and Weights measuring equipment in use for official YES and Measures purposes and ensuring quantity of goods is within tolerance. Verification services. . Does your authority maintain local standards? NO (Ref.: Section 4 Weights and Measures Act 1985) . Does your service hold Approved Body status? (Relates to the Non Automatic Weighing Instruments Directive and linked UK Regulations) YES nb 2006/07 Likely to change to participation within SWERCOTS as Approved Body. Includes claims about prices, quality or F AIR TRADING description of goods and services. YES
Includes monitoring goods supplied to P RODUCT consumers and checking that they are safe YES SAFETY and correctly labelled.
Includes ensuring food is correctly described and labelled throughout the supply chain, and F OOD that applicable compositional standards are YES* STANDARDS met.
. Is the above function shared with environmental health? YES* Includes monitoring licensing regime, ensuring C ONSUMER transactions, documentation and adverts comply. YES CREDIT Includes movement licences, monitoring welfare Animal Health during transport and at markets YES
Includes ensuring fertilisers and animal feeding Agricultural stuffs are of correct composition and labelled. YES* Standards
* Information relating to core responsibilities of Food Standards and Feeding Stuffs are included in Food Service Plan Age Restricted Ensuring certain products are not supplied to YES Sales children, for example alcohol, tobacco, videos,
6 butane lighter fuel, fireworks and spray paints.
Includes supply of unroadworthy vehicles, Road Traffic overloaded goods vehicles, weight restriction YES areas. Ensuring fireworks and other explosives are safely Explosives stored on registered premises. YES
Ensuring petroleum is safely stored on licensed P ETROLEUM premises. YES
Includes energy labelling, packaging disposal and Environmental motor fuel pollutants. YES Legislation List the main duties only Licensing PETROLEUM POISONS EXPLOSIVES
Name of Chief Inspector of Weights and Measures Shaun Robson Specialist Services. List only the main services below (include services such as calibration services, public analyst and product testing, note any partners)
Metrology laboratory facilities provided by Dorset County Council under Service Level Agreement
Public Analyst: Somerset Scientific Service, Hampshire Scientific Service
Is this in your Advice 5 Definition remit? Responsibility (yes or no?)
7 Are you part of a Consumer Support Network? YES Business Provision of advice to business through means YES Advice other than inspection and home authority. Consumer Provision of advice and information to consumers. YES Advice
Indicate the level of consumer advice you provide. (In terms of the Community Legal Services Quality Mark definitions) Client Level Local tax payers Contract in area No local connection
Information Y Y Y
Assisted Y Y N information
General Help Y Y N
N General help plus (occasionally where N N case work exceptional/special need) Information: The advice service must typically be able to supply information such as leaflets and other reference material relevant to trading standards Assisted information: As well as offering information such as leaflets and other reference material, the service will also provide someone to help find the information needed or to help decide on the most appropriate source of help General Help: The advice service must typically be able to offer information and advice to consumers to help resolve the problem. The service will diagnose the problem, explain the options, be available to rectify the problem, identify further action and give basic assistance such as assisting in form filling, letter writing and by contacting other organisations for further information. General help plus case work: As above but will take action on behalf of the consumer and puts their case to the other party in order to persuade them to make or change a decision in favour of the consumer. This might include negotiating by telephone, by letter or face-to-face. The service may provide advocacy in formal proceedings such as the Small Claims Procedure Your council/business tax payers: Residents, local businesses and organisations based in the area Contracts arising in your area: Complainant/enquirer may not be based in the area, but the goods or services causing concern were obtained in the area No Local connection : Advice is given regardless of origin
8 2. Profile form
Business Profile Description Number Home Authority Following LACORS Home Authority Firms: principle guidance. 4 Formal agreements For year to March 2006 Home Authority Number of traders you recognised as being Firms: based in your area and about which you 40 - 50 Informal will take enquiries. recognition For year to March 2006 Enquiries received Includes figures from other enforcement concerning your agencies. Excludes consumer complaints 102 Home Authority and enquiries and requests for business firms. (non food) advice. For year to mid March 2006.
Risk Assessment: assessment of risk a business poses to consumers and competitors to determine frequency of inspection visits and appropriate enforcement # excludes Food Standards and Feeding stuffs which are detailed in Food Service plan.
High Follows LACORS guidance on premises (04/05- 47) risk assessment which was revised during 40 (05/06- 42) Medium 2004 and has now been applied to Poole 1035 (04/05- 425) premises. Gives figures from database for (05/06 1045) Low year end for the number of businesses 2140 (04/05-1391) based, or with physical premises, in local (05/06- 2113) authority area. This includes internet sites where the supplier is based in area, stalls and other mobile traders as well as fixed premises. Figures given are for mid March 2006. Risking of premises is now set nationally by premises type with less local assessment 3230 Total possible. (05/06- 3210) The risk type ‘No inspectable risk’ has been removed with 1400 premises reallocated into High/Med/Low. Total will include premises awaiting risk rating amendment at next inspection.
9 B. LOCAL STRUCTURE AND RESOURCES
B 1.0 W IDER LINKS AND PARTNERSHIPS
Environmental & Consumer Protection Services works formally in partnership in areas relevant to Trading Standards core responsibilities as follows:
1.1 SWERCOTS – South West of England Regional Coordination of Trading Standards Regional co-ordination between 15 local authorities and 4 Public analysts. Liaison at Chief Officer level through Strategic Planning Group. Project teams for Training, IT use, Legal Process, Consumer Direct . Operational issues addressed through Metrology, Safety, Fair Trading and Food Chain Group Panels. Additional sub groups for Consumer Advice & Education, Underage Sales, Animal Health, Feedingstuffs, and Petroleum.
1.2 CSN and CLSP Consumer Support Network(CSN) with Bournemouth Trading Standards, Bournemouth and Poole CAB, Energywatch, Bournemouth University Advice Centre, Help and Care, Age Concern, Northbourne Crime Prevention Panel and other voluntary sector groups. Participation in Bournemouth and Poole Community Legal Service Partnership(CLSP). (nb CLSP currently under review) 1.3 Under 18 Alcohol Enforcement Protocol Enforcement Protocol developed jointly with Dorset Police, Dorset County Council and Bournemouth Borough Council.
1.4 Responsible Retailer-Age restricted products. Proof of age and Responsible Retailer work in partnership with Dorset Police, Dorset County Council, Bournemouth Borough Council. Also liaison with Poole Primary Care Trust, Community Safety, Crime Prevention, and Connexions. 1.5 Licensing Liaison with licensing officers and Dorset Police, partnership work through Poole Safe, Pub Watch.
1.6 Community Safety Crime and Disorder Reduction Partnership involving the Council and Community as a whole.
10 1.7 Neighbouring Authorities Arrangements in place to deal with cross border trading and intelligence as well as consumer advice provision. Close links between officers to ensure good co-operation for joint training, project work and other issues.
1.8 SLA with corporate Legal Services with regard to legal processes.
1.9 Business Home Authority work and Trader advice.
Participation in business focussed events e.g. as organised by Business Link, Poole Tourism Partnership.
2.0 Accessibility Telephone calls to be handled through Customers First from 1/04/06 08:00 to 18:00 Mon to Fri
Contact via e mail to [email protected] or to individual officers during office hours by phone & email.
Trading Standards services are available to Consumers and Business as personal callers during office hours 08.30 to 17.15 (16.45 Friday)
Trained and experienced Consumer adviser available during office hours with cover provided on rota basis. Business advice requests are allocated to appropriately qualified officers.
Target response times are two days for telephone enquiries/emails and five days for letters. Efforts are made to satisfy urgent requests for advice but cannot be guaranteed.
As the Environmental & Consumer Protection Services office is remote from the Civic Centre, personal callers to offices there can telephone the service via the Civic Centre Reception desk.
Appointments can be made for consumer or business advice at the office or on business premises. In special needs cases consideration is given to providing consumer advice and assistance away from the office.
The Loop, minicom and translation facilities can be made available upon request. There is good disabled access at the office. Basic Consumer advice material is available in Braille and on audio tape / cd rom.
11 Website www.boroughofpoole.com gives information with regard to provision of Environmental & Consumer Protection Services -Trading Standards/Consumer Advice information and links to other related sites.
Environmental & Consumer Protection Service news covering Consumer Advice and Trading Standards issues is included in Poole News delivered Borough wide.
Wide range of other Trading Standards/Consumer Advice leaflets and guidance notes available.
Planned inspections, project work and complaint visits are undertaken outside office hours where appropriate.
Arrangements are in place with the council’s 24-hour emergency service to notify a named officer of major incidents or emergencies.
Access to other Authorities/Agencies via internet, email and secure TS interlink communication system. EHC net is also available.
Access to Consumer Direct South West is an option for consumers contacting the service by telephone, with direct phone link if required. (under review)
Membership of Consumer Support Network.
Environmental & Consumer Protection entry in CLSP regional and local directories of advice provision.
12 C: ASSESSING COMMUNITY EXPECTATIONS AND FEEDBACK
An assessment of the demand for Trading Standards services. Analysis of data in this section relating to contacts with users, staff experience, surveys and consultation forms the policies and work plans referred to in Part D.
C 1.0 Needs and expectations of consumers Estimated level of demand on service for 2006/07 is 2700 complaints/enquiries/referrals (CDSW), with an additional 270 notifications from Consumer Direct across UK for information only.
1.1 Analysis of complaints Analysis of complaints/enquiries received over previous two years has shown consumer concerns in the following areas of trade although these are not exclusive: Top three topics of complaints were: Home Improvements – 1) defective goods/services 2) selling techniques
Motor Vehicles – purchase and servicing 1) defective secondhand vehicles 2) defective repairs/servicing 3) defective new vehicles/supply
Electrical / IT appliances including personal computers and mobile phones as well as purchase and support services 1) defective goods/services
Since 2004/05 there has been an increase in problems and complaints relating to Scams – including postal, email and telephone selling techniques for competitions /prize draws etc, as well as ‘get rich’ schemes and other money making offers.
Other main topics identified from complaints /enquiries received: Furniture – 1) defective goods/services 2) selling techniques Food and Drink 1) selling techniques 2) health and safety Clothing 1) selling techniques 2) defective goods/services
Methods of trading with above average levels of complaints and enquiries include so called “rogue traders”, unsolicited contacts and direct mailshots. An increasing number of complaints/enquiries relate to internet trading and e-commerce.
All the above issues considered in relation to prioritisation of planned work and projects for 2006/07
13 1.2 Customer satisfaction questionnaires Sent out to Service users twice a year in February and September. Last results for Service Unit as a whole(i.e. not exclusive to TS) relating to October 05 show an 84% satisfaction level for consumers.
1.3 Consultation July 2002-Poole Opinion Panel –corporate consultation process carried out with Poole residents selected for panel to be representative of age, area. Questions asked about: general awareness of consumer rights 65% respondents feel very or fairly informed about their rights as a consumer 45% find it very or fairly easy to get consumer protection information or advice awareness of service 74% would contact the Borough of Poole’s Environmental & Consumer Protection Services if they had a Trading Standards enquiry/complaint use of services by those on Panel within previous 3 years 10% had contacted service for Trading standards enquiry/complaint 6% had contacted service for Consumer advice
Future consultations and follow up to July 2002 questions are planned to be carried out via the corporate consultation process during 2006, and through the Consumer Support Network (CSN).
1.4 Corporate Strategies Consumer needs and expectations are also identified in corporate strategies: Community Safety- Crime and Disorder reduction plan Community Strategy (in development) Local Strategic Partnership (in development) Trading Standards work during 2006/07 to be prioritised and linked to cross cutting themes identified by Corporate Strategies e.g. Anti Social Behaviour, Sustainable Development/”Well Being”, Health determinants, Health Inequality, Social exclusion.
2.0 N eeds and expectations of local business
2.1 Business profile Whilst the relative importance of manufacturing has declined in Poole
14 since the 1960s, it remains more prominent than in the national economy as a whole, providing employment for 23% of the workforce (1998). Tourism is also important to the local economy, worth an estimated £105m in 1995. The service sector has continued to expand, providing 72% (1998) of employment.
Poole has a busy port and ferry terminal with Ro-Ro freight service to France and passenger ferry services to France and the Channel Islands.
Larger businesses for which Environmental & Consumer Protection are Home Authority include: Three food manufacturers and packers, one packaging manufacturer, two lighting manufacturers/importers, two cosmetic product manufacturers, one publishing group, one pottery- manufacturer with retailing outlets.
Other Home Authority businesses include importers, distributors/wholesalers of various goods including clothing, electrical items, bicycles and accessories. Manufacturers of electronics and components, boat building. Service industry including insurance services, credit services, tourist attractions and a car auction.
Poole has one large industrial estate and a significant number of other industrial estates and business parks. There are two main retail parks and several other important retail areas outside the town centre.
Premises listed on Flare database include: 13 Large Supermarkets 67 Public Houses/Wine Bars 22 Hotels 3 Large entertainment venues 70 Second-hand car traders 13 Petrol Filling Stations,3 Marina fuel sites and 1 fuel barge 17 Weighbridges
No. of premises licensed/registered for 2006/07: Petroleum 16 Explosives 53 Poisons 19
Since 2004 the number of premises requiring a Petroleum licence has reduced following implementation of DSEAR(Dangerous Substances and Explosive Atmospheres Regulations 2002), and closure of premises. Inspection levels have been adjusted accordingly, with the role at certain premises having passed to HSE. From 2005 premises storing under 5kg explosives e.g. flares,
15 air bag cartridges are exempt from registration following introduction of MSER (Manufacture & Storage of Explosives 2.2 Regulations 2005) Risk based inspection Risk based inspection at premises falling with Trading Standards core responsibilities: High – annual inspection Medium – two yearly Low - five yearly with alternative enforcement action replacing inspection where appropriate. Alternative enforcement protocol being developed through SWERCOTS to consider best practice and effectiveness of actions such as mail shots, questionnaires, seminars and self assessment methods.
Risk based assessment was updated on premises database in line with revised LACORS scheme implemented in 2004. This resulted in a significant increase to premises falling into the medium/low banding as the no inspectable risk option was removed. Premises with inspection due dates within next 12 months have therefore increased above previous targets. -Premises database is constantly updated. Premises questionnaires were used during 2005/06 to update premises records, especially for industrial estates. Further updating of database to be considered to ensure work can be accurately risked and planned. 2.3 Business advice Estimated level of demand for 2006/07 is 260 requests/enquiries from traders (excludes food based enquiries). Typically requests for advice range from general enquiries relating to new legislation to the specific interpretation of existing legal requirements for product development, the drawing up of contract terms, as well as the constraints on marketing and advertising. Advice is also given in relation to premises licensed for Petroleum, Explosives, Poisons in addition to the licensing process itself.
As in previous year contacts from smaller businesses are received e.g. relating to invoices for unsolicited contact and other sales/directory entries where traders themselves act as consumers. Information on such issues passed to Home Authority and /or Office of Fair Trading as requested. National action has continued to curtail these trading practices.
Businesses have high expectations in relation to response times, often asking for same day answers e.g. for advertising copy. Urgent requests are dealt with depending on prioritisation of the available resources, otherwise requests for advice and enquiries are responded to within two days or five days for letters in line with Service Unit targets. 2.4
16 Home Authority Advice Over 75% of the total business enquiries received come from traders whose head offices or major operations are based in Poole. Environmental & Consumer Protection Services is the Home or Originating Authority for at least 12 larger businesses or manufacturers operating nationally, as well as an estimated 30- 40 smaller scale businesses including internet traders. Many smaller Poole based traders also have customers outside the Borough of Poole.
There are currently four formal agreements in place. Liaison with other companies is in accordance with LACORS Home Authority Principle.
Estimated level of demand on service for 2006/07 is 110 Home Authority referrals (likely demand reduced from previous year following relocation of traders) 2.5 Business Satisfaction Survey Postal inspection questionnaires are used twice yearly in February and September- these include satisfaction survey and comments on inspections carried out by the Service Unit as a whole. Results from October 2005, which includes data relating to trading standards showed an overall satisfaction level of 95% from business having received an inspection. Respondents are invited to make further comments or contact the manager to discuss the inspection.
Feedback to staff is given individually during monthly work reviews and overall at team meetings. 2.6 Business partnerships During 2006/07 Environmental & Consumer Protection will continue to participate with neighbouring authorities and other agencies in the ongoing consideration of a local Business Partnership work. 3.0 Local awareness of Trading Standards Results from July 2002 Poole Opinion Panel for existing awareness of the Service :74% would contact the Borough of Poole’s Environmental & Consumer Protection Services if they had a Trading Standards enquiry/complaint
Further work to be done by CSN needs assessment and project work, and through Consumer Direct evaluation.
Business questionnaires to be used for alternative enforcement work (low risk premises) to include question on previous contact with service. 4.0 Demand for specialist services
17 No specialist services, as defined by the National Performance Framework for Trading Standards Services, are provided by Environmental & Consumer Protection Services.
PART TWO: NATIONAL AND LOCAL PRIORITIES
D: POLICIES ON NATIONAL AND LOCAL PRIORITIES
The assessment of demand and need identified in Part C is used to determine the objectives and work plans of the Service referred to in this section.
D 1.0 Informed Confident Consumers
Informed confident consumers are one of the outcomes envisaged by the Government in the 1999 white paper “ Modern Markets: Confident Consumers”. Required performance measures have been developed through the Trading Standards National Performance Framework –NPF. Best Practice guides issued during 2004 include guidance on working with and for consumers. Other related Government initiatives now fully introduced include CSN and Consumer Direct.
Participation in the Bournemouth and Poole Consumer Support Network is a priority for Consumer Protection Services.
The CSN plays an important part in ensuring that existing local provision is “joined up” to give consumers seamless access to the most appropriate consumer advice. CSN across the UK will also be supported by the Government initiative to provide a national consumer advice telephone helpline, Consumer Direct.
The aim of the Consumer Direct helpline is to address previously unmet consumer advice needs. The additional resource now in place nationally deals with straightforward questions allowing existing providers, such as Local Authorities, to answer and investigate the more complex enquiries in depth.
SWERCOTS have successfully provided the framework to set up a helpline through a regional call centre based in Cornwall. 15 Local Authorities across the SW Region, including Poole have been covered by Consumer Direct South West since September 2004.
1.1 The empowerment of consumers is also addressed through the Borough of Poole core values of Equality of Opportunity and Promoting a caring society as well as by supporting the Corporate priorities as detailed in the introduction to the Service Plans.
18 Environmental & Consumer Protection aims to create informed and confident consumers by addressing the areas of work listed below, both by continuing existing services and by the consideration of new developments such as the use of modern technology and the participation in national and regional initiatives.
Needs assessment is based on areas of concern identified through analysis of consumer complaints and ongoing monitoring of complaint levels.
1.2 Provision of quality advice for consumers: Access to trained consumer advisers in person, by letter, by telephone and by e-mail Access to wide range of local and nationally published guidance leaflets Participation in Consumer Support Network Community Legal Services quality mark Website based advice with links to other useful websites for consumers e.g. DTI and OFT. Access to Consumer Direct by telephone 08454 04 05 06 and through website www.consumerdirect.gov.uk Participation in national electronic complaint routing such as www.ripofftipoff.net and Trading Standards Institute website www.tradingstandards.gov.uk Dissemination of advice through local media, Corporate and Unit publications including Poole News. Liaison with Poole Citizens Advice Bureau Liaison with Neighbouring Authorities to ensure consistent advice
1.3 Consumer Education
Consumer Protection Services work with schools/young people through: Links to schools via Personal Health and Social Education adviser in Education- School and Support Services for dissemination of information on trading standards issues and developments in provision of advice for young people Financial Services Authority CD ROM –Financial Planning Trading Standards Institute/British Toy and Hobby Association Playsafe CD ROM CEDRIC Consumer Education Resource and Information Centre- leaflets distributed to schools with details of website www.askcedric.org.uk
Consumer Education for all ages includes: Participation in National Consumer Week
19 SWERCOTS consumer advice project work Talks on request to appropriate groups Attendance at community events– purpose built display trailer Display boards in shopping centre/civic centre/libraries etc Competitions Participation in national Consumer Education Liaison Group Environmental & Consumer Protection Services news items in Poole News.
Special needs: Newsletter produced in large print distributed via Social Services. Think Twice consumer advice leaflet in large print. Audio CDs of consumer rights and doorstep dangers Additional audio tape provision through CSN liaison. Large print ID cards for staff in Environmental & Consumer Protection Services
2.0 Project work During 2005/06 Consumer advice displays and other work were undertaken to specifically deal with “Scams” and “Community Safety”. These included topics covering advice to avoid scams, shopping from home via doorstep sellers, underage sales and product safety. Information was made available to tie in with National Consumer Week , regional co-ordination through SWERCOTS and the Doorstep Sales & Bogus Caller campaigns.
Other work was targeted at general awareness of trading standards issues with a pre Christmas display, and increased use of the website to highlight consumer issues.
For 2006/07 Environmental & Consumer Protection will participate in Consumer advice and Education projects as prioritised in the Unit business plan and through partnership work on local, regional and national basis e.g. ongoing Bogus caller liaison, and initiatives to advise on “scams”.
2.1 CSN project as identified in CSN Network Development plan Targeted pre-shopping advice which can equip consumers to deal with predatory trading- Specific aim to support and protect vulnerable consumers. “Ask us first to avoid the worst” leaflet produced by CSN 2.2 CSN Leaflets produced for use by all members to promote the network to consumers. Training of CSN members to raise awareness and level of
20 volunteer advice provision. Consumer consultation processes to be developed further.
2.3 Participation in National Events / Initiatives National Consumer Week Child Safety Week Consumer Direct
3.0 Informed Successful Businesses
Informed Successful Businesses are key to the Borough of Poole core values as well as supporting the Corporate priority- Vibrant Economy To be achieved through continuing existing services and by the consideration of new developments such as the use of modern technology and participation in national and regional initiatives. Environmental & Consumer Protection Services aims to assist in the creation of informed successful businesses by addressing the following areas:
3.1 Enforcement to ensure a fair trading environment As detailed in section D paragraph 4.0.
3.2 Business Advice and liaison Access to qualified and experienced officers at conveniently placed office on industrial estate, by telephone, e-mail, and visits by appointment if required Home Authority liaison through named contact officers Business advice on request and during risk based inspection Provision of local and nationally produced guidance leaflets Business advice on website www.boroughofpoole.com Consideration of Business partnerships. Participation in Business forum initiatives through Business Link events, business exhibitions Business panel consultation in development and to be extended
2006/07 Trader advice/training proposed : -Age restricted products by means of SWERCOTS CD rom trader guidance and learning material. -Credit legislation update -Product Safety update on changes to law -General use of website to provide trader guidance updates
3.3 Business satisfaction survey covered through post inspection questionnaires as detailed in introduction section.
3.4 Provision of Metrology services through own facilities and in co- operation with Dorset County Council- SLA for use of Metrology
21 Laboratory at Dorchester.
4.0 Enforcement of a Fair And Safe Trading Environment
4.1 Enforcement Policies Enforcement of Trading Standards core responsibilities are determined by application of the Enforcement Concordat and the Unit’s Prosecution Policy to any areas of non-compliance.
4.2 Enforcement Staff Enforcement work detailed below is undertaken by trained and competent staff who are regularly updated with regard to new legislation and responsibilities.
4.3 Enforcement work Planned programme of risk based inspections carried out by appropriately qualified officers Persistent offenders and problem areas of trade identified through analysis of complaints Trade Audits and Focussed inspections to support corporate core values Investigation of complaints Operation of Home Authority principle Sampling and Test Purchasing to support project work, complaints and Home Authority role Response to safety etc alerts Enforcement projects as identified in Business Plan to support corporate core values Underage Enforcement work as detailed in separate plan for 2006/07 SWERCOTS regional co-ordinated projects as appropriate LACORS projects as appropriate Licensing administration and inspection for petroleum, explosives, poison Use of Consumer Regulation Website Liaison with Office of Fair Trading with regard to Consumer Credit licence notifications Verification and calibration requests
4.4 Partnerships and Joined up working Environmental & Consumer Protection Services participation: LACORS project work SWERCOTS regional co-ordination Home Authority Liaison TS Interlink Environmental & Consumer Protection Service- integrated service provision Licensing liaison
22 Partnerships: Under 18 Alcohol Enforcement Protocol, Responsible Retailer work, Community Strategy/Crime and Disorder Reduction, CSN Liaison with other council service units e.g. housing, building control, transportation Links with Neighbouring Authorities Inter authority auditing, training provision
4.5 2006/07 Trading Standards enforcement work to be based on:
Risk based Inspection programme for High and Medium risk premises prioritised by dates of next inspection due. (with inspection frequencies set : High = annual inspection, Medium = 2 yearly)
Low risk inspections done at time of other prioritised work e.g. Food Standards inspections, Trading Standards complaints. (Low = 5 year intervals)
Alternative Enforcement strategies for Low risk premises outside the planned inspection programme e.g. questionnaires, mailshots, audit based inspection. (Frequency of contact guideline = 5 year interval)
Investigation of Complaints.
Project work to target trading practices and areas of trade which exploit vulnerable and socially excluded consumers
Trade Audits/Focussed Inspections to address areas of trade identified by complaint levels e.g. Home Improvements , Car Sales, or where not dealt with previously e.g. new premises, industrial estate premises brought onto database, or where no work has been carried out for some time as identified from premises records e.g. premises such as Boatyards and sales, Estate Agents.
Consideration of application of additional powers under Enterprise Act 2002 e.g. Enforcement orders.
Consideration of new and revised laws e.g. Anti Social Behaviour Act 2003 and changes to Consumer Credit and Product Safety legislation. 4.6 Planned work for 2006/07
Inspection targets based on programmed risk and complaint
23 analysis- Figures based on data at 2005/06 year end compiled mid March 06.
Full implementation of revised LACORS risk assessment scheme scoring implemented during 2004. Has resulted in changes to numbers of premises in medium risk bandings as detailed in table on page 5:
Risked %Target of total premises Number of Premises due for inspection 06/07 Inspections planned for year 06/07 High 100% 40
Medium 40% 305
Low Visits and Alternative 250 enforcement strategies to be used for these premises - 15%
Inspection visits/enforcement work as detailed to be prioritised: to address areas of trade identified by complaint analysis- e.g. Home Improvements, Car sales. in line with HA responsibilities e.g. sampling Cosmetic Products, and other local priorities e.g. Sun protection to support local needs/initiatives –e.g. Underage sales. 4.7 Metrology work Additional Metrology work will be done to cover verification and calibration requests. 30 Verification requests dealt with during 2005/06. A similar level of work can be estimated for 2006/07. Metrology inspection work to be carried out as due alongside programmed inspections for Trading Standards and Food Standards. SWERCOTS project work 4.8 Licensing & Registrations Petrol Sales and Forecourt Supervision -checks on supervision of petrol filling stations with regard to safety and petroleum licensing conditions. Explosives -checks at premises selling fireworks 4.9 Underage enforcement work as detailed in Underage Enforcement plan to include: Test purchasing exercises, where appropriate, of cigarettes and alcohol, investigation of complaints, trader advice (Responsible
24 Retailer) and liaison with interested parties.
5.0 Project work planned for 2006/07 as detailed through business planning process, SWERCOTS liaison and other partnership work:
Underage Sales Project work as detailed in Underage Enforcement Plan for 2006/07 including: -Promotion of training CD rom and other resources for staff in licensed premises or premises selling age restricted goods as produced through partnership work with SWERCOTS. -Liaison with PASS card scheme organisers, and Promotion of proof of age cards. -Anti Tobacco alliance and other appropriate partnerships -Licensing Act 2003- Responsible Authority.
Doorstep selling/Bogus callers/ -Pilot, and evaluation of no cold calling zones -Provision of leaflets/advice packs -Evaluation and possible roll out of large print Ids for council. -CSN project work and Approved trader schemes
Bogus Caller and Distraction Burglary - Local and Regional liaison ongoing.
Credit -To reflect changes to Consumer Credit legislation including Advertising Regulations and Credit agreements including raising awareness with traders and consumers as well as staff training. -Partnership work with CAB, OFT, SWERCOTS as appropriate
E commerce -Internet trading – identification of Traders and trawl re compliance as required including test purchasing/sampling. -Response to complaints with regard to practicalities 5.1 -E bay trading problems –counterfeit goods etc CSN project as identified in CSN Network Development plan Targeted pre-shopping advice which can equip consumers to deal with predatory trading. Other work linked to CSN project work for 2006/07 on extension of Bournemouth Fair Trades scheme by CSN 5.2 partners.
Project work undertaken previously , follow up work carried forward to 2006/07:
25 Investigation into provision of Home Improvement services with follow up action from “House” project including trader guidance, and awareness of Approved trader scheme.
Sun protection clothing and accessories- further sampling and consumer education.
Be Wise Be Safe - supply of DVD's and explanatory leaflet to all new parents 5.3
Focussed Inspection work and Alternative enforcement.
Estate Agents-focussed inspections to cover property claims and descriptions. Preparation for introduction of House buyer information packs.
Home Improvement service providers- alternative enforcement strategy to raise awareness of legislation and enforcement action taken following project work.
Car sales-focussed inspection to look at audit of procedures – and complaints feedback
Boatyards and sales to check awareness of and compliance with Recreational Craft directive following officer update training, and other safety requirements.
5.4 Electrical and Furniture retailers including second-hand sales
Non Food Sampling Checks for compliance with safety requirements for samples from Home Authority companies e.g. lighting, cosmetics Sampling non Home Authority sourced similar products during project work and focussed inspection.
-Participation in SWERCOTS/LACORS sampling programmes as appropriate
26 E: EFFICIENT, EFFECTIVE AND IMPROVING TRADING STANDARDS SERVICE
1.0 Efficient, effective and improving trading standards service
1.1 Objectives and aims for 2006/07: Performance Measures in line with National Performance Framework-NPF and Trading Standards Best Practice guides.
Publish Trading Standards Service Delivery Plan, as required, along with accompanying plans for Food Service, Underage Sales, and place on website.
Implement Trading Standards Service Delivery Plan
Aim to raise member and public awareness of service.
Ensure plan is communicated to all Environmental & Consumer Protection Service Unit staff with allocation of workload and evaluation as directed by the Business Plan. Available electronically as Unit Information.
Continue liaison with relevant service units within Borough of Poole and also with external agencies/partners.
Gain feedback for future Plan development.
Implementation and consideration of principles set out in Hampton report.
Continue development of consultation processes with consumers and businesses.
Analyse and Respond as appropriate to findings from consultation, benchmarking and auditing processes.
Implement Business Plan with respect to Trading Standards core responsibilities
Implement Underage Sales Enforcement Plan
1.2 Measures already in place to provide an efficient, effective and
27 improving trading standards service include:
Links to Community and Corporate Objectives
Liaison at local, regional, national levels Use of IT and modern technology including individual PCs, Flare database and internet
Subscription to electronic and other updated information services/legislation systems/reference material
TS interlink giving immediate access all to TS authorities/other agencies
IiP (Investors in People) accreditation. Corporate reassessment successful during 2005/06 with action plan for 2006/07.
Unit Improvement groups as required to deal with allocated tasks
Procedure to deal with complaints against the Service
Emergency contact procedure
PART THREE: REVIEW, ASSESSMENT AND IMPROVEMENT
F:QUALITY ASSESSMENT AND REVIEW This part of the plan focuses on the monitoring and assessment of all processes and activities.
F 1.0 Quality assessment and review.
1.1 Review of plan quarterly by Management Team
1.2 QA Policies and procedures in place to cover main service areas as addressed in Trading Standards Service Delivery Plan Working towards principles of ISO 9000 series accreditation Review by internal auditing
1.3 BUSINESS PLANNING Business plan development and review including involvement of
28 staff Unit Improvement Groups Identification of expertise 1.4 IiP IiP accreditation achieved, ongoing review Employee Development Interviews Regular work reviews Training Plan including In House Training programme Training needs identified through EDIs and CPD requirements to meet professional development and qualification training. Qualification training ongoing for 2006/07 includes one DCATS student, and one DCA part 1 student.
1.5 CLS Quality Mark CLS Quality mark at General Help level awarded in full 2004.
1.6 Partnership work supporting best practice TS Benchmarking SUB group of Southern Unitary Authorities. Regional Co-ordination through SWERCOTS Inter authority Auditing
1.7 Approved Body status Metrology (EC Verification) SWERCOTS Metrology quality manual
1.8 Feedback Customer/Business Satisfaction surveys Consultation processes
1.9 NPF performance measures and best practice guides applied.
2.0 IPF feedback Local authority Trading Standards Delivery Plans for 2005/06 were not required to be assessed by Institute of Public Finance although statistical returns were made as directed.
2.1 IPF had previously completed a desktop assessment of the 2003/04 plan to establish the extent to which Poole, in its Trading Standards Service plan provided for the national and local priorities of the service, and for its own service review and improvement to the standards as set out in the NPF.
2.2 Recommendations that the Service should ensure that links to local priorities are clearly demonstrated were addressed in subsequent
29 plans with cross-reference to Corporate priorities. The links are also clearly shown in the Unit Business Plan, with summary issued to all officers.
2.3 Review action Trading Standards Delivery Plan 2006/07 developed through internal Business Planning process with aim to deliver a service meeting local priorities as identified by corporate core values and the priorities as detailed in Business Plan and Service Plans introduction. All planned project and focussed inspection work prioritised on this basis demonstrating links to local need. The delivery of the service as a whole to follow the NPF standards , again supporting the link to national priorities.
30 Underage Sales Plan 2006/07
1 PURPOSE
1.1 Within the plan to consider an appropriate annual programme of enforcement relating to Section 7 of the Children and Young Persons Act 1933 and Section 3 and 4 of the Children and Young Persons (Protection from Tobacco) Act 1991. Section 54 and 54A of the Anti-social Behaviour Act 2003
1.2 To consider all issues relating to underage sales and age restricted products including :
The Under 18 Alcohol Enforcement Protocol Partnership work.
Assessment of impact of Anti-social Behaviour Act 2003 as amended with respect to age restricted products.
Implementation of Licensing Act 2003 by Environmental & Consumer Protection Services.
2 DECISION REQUIRED
2.1 That Members support the proposed programme for 2006/07.
3 BACKGROUND
3.1 The legislation referred to in paragraph 1.1 places a duty upon the authority to consider annually: a programme of enforcement in relation to the sale of tobacco to children under the age of 16, and in relation to the sale of aerosol paint to under 16s whether it is appropriate to carry out a programme of enforcement action in the local authority area.
3.2 The protocol referred to in paragraph 1.2 was developed in response to amendments to the Licensing Act 1964 made by the Criminal Justice and Police Act 2001 which came into force 1/12/2001 to allow test purchasing of alcohol by underage volunteers directed by Weights and Measures inspectors. Legislation now in force is Licensing Act 2003. 3.3 Work relating to underage sales and age restricted products is planned and prioritised overall to take account of relevant developments in legislation such as the Licensing Act 2003 and Anti-social Behaviour Act 2003 which impact on the Service unit and across the council as a whole.
31 4 Duty of Enforcement 4.1 Tobacco- Section 7 of the Children and Young Persons Act 1933 and Section 3 and 4 of the Children and Young Persons (Protection from Tobacco) Act 1991 place a duty upon the authority to consider annually, a programme of enforcement in relation to the sale of tobacco to children under the age of 16.
4.2 The principal elements of the legislation are:
a) offence to sell cigarettes to anyone under 16 years;
b) cigarettes to be sold in packs not singly;
c) notices to be prominently displayed explaining the age restriction
4.3 These requirements apply equally to vending machines and a code of practice has been developed by the National Association of Cigarette Machine Operators in conjunction with the Department of Health. A review of the application of the legislation to vending machines has been recommended by Trading Standards nationally to the Department of Health.
4.4 Spray Paint S 54 of Anti-social Behaviour Act 2003 referred to in paragraph 1.1 created an offence to prohibit the sale of aerosol paints to under-16s, which came into force on 31st March 2004. The legislation has since been amended by S 32 Clean Neighbourhoods and Environment Act 2005 to bring specific enforcement provisions into place for the Weights & Measures Authority as S 54A Anti-social Behaviour Act 2003.
5. UNDERAGE SALES ENFORCEMENT PROGRAMME 2006/07
5.1 Planned Work-Alcohol and All Age Restricted Products It is proposed that the programme for 2006/07 continues as in previous years specifically for alcohol as a priority area of work, but also for tobacco where a duty of enforcement applies. The enforcement provisions do apply, however, to all age restricted products. The programme will include test purchasing exercises for alcohol and/or tobacco, or other age restricted products where problems are identified. (dates to be arranged during school holiday periods or at other appropriate times). The programme as proposed:
a) All complaints of alleged sales of alcohol to under 18’s, and any other underage sales will be thoroughly
32 investigated.
b) Officers undertaking inspections in premises where age restricted products are sold will check for compliance with legislation, and other voluntary provisions eg “Think 21”.
c) Trader information packs, including interactive CD rom, which outline the provisions of the legislation in user friendly terms are provided for distribution at relevant outlets as necessary. d) An educative/preventative approach is adopted with partners, particularly Poole Primary Care Trust-PCT, Education Service Unit and proof of age card providers. e) Targeted test purchases will be undertaken within government endorsed guidelines covering such actions involving volunteer youngsters. Targeting includes following up complaints.
5.2 Planned Work- Tobacco It is proposed that the programme for 2006/07 continues as in previous years as detailed in planned work above but also as follows: a) All complaints of alleged sales of cigarettes to under 16’s will be thoroughly investigated
b) Officers undertaking inspections in premises where cigarettes are sold will check for compliance with statutory notice provisions and point of sale advertising controls.
c) Siting of vending machines checked for adequate supervision during routine inspections.
5.2.1 Planned Work -Spray Paints a) No specific enforcement test purchasing exercise is proposed, in relation to underage sales of spray paint, although any complaints of sales to under 16s will be investigated as part of the general underage enforcement programme.
b) Trader awareness will be addressed through routine inspection at relevant premises, and through the distribution of the available trader guidance material.
c) The incidence of reports of graffiti will be monitored to ensure that any problem areas are identified with regard to trader and consumer education
33 5.3 Partnership and project work is to be undertaken as follows:
5.3.1 within the Anti-Tobacco Alliance initiative being led and developed by PCT.
5.3.2 with Dorset Trading Standards, Bournemouth Trading Standards, Connexions and other PASS card providers, and Dorset Police to promote the use of suitable Proof of Age cards throughout the area.
5.4 Proof of age cards are promoted, and can be distributed within schools, which encourages responsibility amongst the youngsters and links to issues raised through the national curriculum-citizenship. PHSE (Personal Health and Social Education) liaison contacts in the schools to be advised of importance of facilitating the issue and distribution of appropriate cards e.g. Connexions.
5.5 Trader packs will continue to be distributed giving guidance on range of age restricted products including tobacco, spray paints and alcohol. The guidance emphasises that proof of age cards should be asked for when these products are sold to younger people – “No Proof No Sale”. Information is also given on best practice relating to staff training and recording of refusals. Traders can sign up to The Responsible Retailer scheme after putting the recommended best practice in place. The scheme is supported by partners Dorset Police and Dorset County Council Trading Standards.
5.6 SWERCOTS Underage sales Best Practice Group set up in 2004 to look at enforcement issues, best practice and partnership working has produced a training CD rom for use by sales assistants and bar staff to facilitate underage refusals.
5.7 Liaison with Poole Youth Forum and Youth Service and other groups e.g. Duke Of Edinburgh Award scheme.
6. Targets on tobacco 6.1 On 18th March 1999 the Public Protection Committee received a report which outlined the main elements of the Government White Paper on Tobacco – Smoking Kills
Ambitious targets were set by the Government, which are still current, including:
34 1999 2002 Actual 2005 2010 data target target Smoking among Children 10% 11% 9% 13% Smoking among Adults 27% 26% 24% 28% Smoking among Pregnant 19% - 15% women 23%
6.2 This overall message has been reinforced in the Choosing Health white paper as well as the previous Department of Health National Priorities Guidance 2000/01 – 2002/03 which are targeted at Health Authorities, NHS Trusts, Primary Care Groups and Local Authorities (Social Services). The particular reference reads - ‘in particular by local activity (focused on disadvantaged adults, pregnant women and young people) supporting the National Education campaign enforcing legal requirement on tobacco sales to children and by developing and enforcing smoking policies for all NHS and Local Authority premises’.
35 7. Review of 2005/06 7.1 The Environmental & Consumer Protection Services Unit deal with a wide range of “age restricted” legislation, such as tobacco and alcohol, but also include requirements for fireworks, videos, computer games, solvents, spray paints, lighter refills, petrol, credit, gaming machines, lottery tickets, scratch cards, tattoos and skin piercing.
7.2 Complaints Total of 22 specific underage sales complaints received during the year for a variety of products. Age Restricted product Number of Complaints 05/06 04/05 -Alcohol 13 16 -Cigarettes (Tobacco) 4 2 -Spray Paints 0 0 -Solvents 0 0 -Fireworks 2 1 -Computer Games 0 2 -Knives 1 1 -Skin piercing/Tattoos 1 1 Other: (stink bombs) 0 1 (adult magazines) 1 0
7.3 Several of the complaints relating to alcohol are allegations of underage drinking in an area with no specific tie in to underage sales by any one premises other than the nearest retailer or retailers. Liaison with the Police and Community Safety has been logged for these areas with alleged problems. Other alcohol related complaints received included information on proxy sales to u18s by adults. These were passed to the Police who hold the enforcement role for this aspect of underage sales. Otherwise the information received was used for targeted test purchasing of alcohol during the year.
7.4 Premises identified by the complaints were brought into the risk based inspection programme for contact and advice as appropriate. Follow up visits were carried out at 19 premises, which could be identified from the complaints received, where the issues were discussed with advice and/or warnings given.
7.5 Enforcement work conducted during 2005/06 included several test purchasing exercises for sale of alcohol to under 18s. An exercise in December 2005 was specifically coordinated to support changes in legislation in relation to the introduction of the Licensing Act 2003 in November. Premises targeted based upon complaints, higher risk
36 areas and experience gained from previous exercises.
7.6 Alcohol test purchasing results- 2005 July-August- Joint work with Dorset Police Premises tested Sales to under 18s Lead role 5 4 TS 4 0 Police 4 1 Police Action: Prosecution: 1 (sale by licensee) Formal Caution: 2 (sales by sales assistants) PND: 1 (sale by sales assistant) Staff dismissed: 1 (sale by sales assistant) Staff resigned: 1 (supervisor) Warnings: 5 (licensees were not directly involved in sale)
December- AMEC (Alcohol Misuse Campaign) – participation across SWERCOTS including allocation of Home Office funding. Trading Standards working on own dealt with “off” licensed premises in Poole. Premises tested Sales to under 18s Lead role 21 5 TS Action: Reported for Prosecution: 3 (sales by designated premises supervisor) PND: 2 (sales by sales assistant)
Dorset police undertook separate test purchasing during AMEC in December at “on” licensed premises. One premises which served an under 18 was dealt by means of premises licence review. Trading Standards gave support to this process which resulted in agreed changes to licence conditions.
7.7 Liaison with the Police and Licensing officers took place during 2005/06 as above and through the Poole Safe partnership and underage issues were included in Poole Safe visits to licensed premises. To continue in 2006/07
7.8 No test purchasing was carried out for tobacco during 2005/06 as no suitable volunteers aged under 14 years were available. Priority also had to given to alcohol to support Licensing Act 2003.Information received from complaints about tobacco sales to under16s to be used in targeted test purchasing during 2006/07 as younger volunteers have now been recruited.
7.9 Revised Test Purchasing code of practice. A draft code was put up for review in February 2006- Participation in
37 consultation process through SWERCOTS—results of review awaited in 2006
8.0 Alcohol control As part of Environmental & Consumer Protection Service’s lead role for implementation of the Licensing Act 2003 liaison on underage drinking and sale of alcohol to under 18s is a priority. These issues are considered when working with Dorset Police and Community Safety partners in introduction of new initiatives such as designated alcohol free areas.
8.1 Licensing Act 2003 During 2005/06 245 applications under Licensing Act 2003 transitional arrangements, as well as new applications, were considered by Trading Standards as a Responsible Authority in relation to suitability of premises procedures to deal with underage sales (in context of prevention of harm to children). Of these, 10 premises were asked to clarify how sales of alcohol to under 18s would be prevented. Satisfactory additional information was received detailing staff training and strict application of proof of age. For 2006/07 all new applications to be considered in same manner.
8.2 Home Office As part of the Alcohol Harm Reduction Strategy published in March 2004 the Home Office emphasised that an increase in Police enforcement through test purchasing was planned LACORS have since raised the role of Trading Standards with the Home Office. Locally to be addressed through Protocol and partnership work with requests for liaison with Dorset Police subject officer and volunteer availability e.g. AMEC 2005.
8.3 Trader Guidance SWERCOTS advisory pack has been distributed to 100 premises in Poole since being launched in August 2005, mainly in relation to alcohol off sales, and premises selling fireworks. Feedback from traders has been positive.
9.0 Anti Social Behaviour Underage plan developed to take account of Unit wide and corporate responsibilities as detailed under the Anti Social Behaviour Act 2003. Specific role in relation to sale of alcohol, fireworks and other age restricted products to under 18s and proven links with anti social behaviour as well as new offence relating to sale of spray paints to under 16s.
38 10.0 Health issues 10.1 Planned work on underage sales and age restricted products targeted as priority for local area with Director of Public Health and Poole Primary Care Trust in relation to tobacco and alcohol.
10.2 For 2006/07 to consider any links from consideration of proposed ban on smoking in enclosed public places e.g. impact on location of cigarette vending machines.
11.0 Other Partners Identified Partnership work has been initiated with other agencies such as Customs and Excise on other aspects of supply e.g. smuggled goods and/or counterfeit products.
39 Borough of Poole Environmental and Consumer Protection Services
FOOD SERVICE PLAN
2006/2007
CONTENTS
1. The Food Service
2. Links to Borough of Poole priorities
3. Scope of the Food Service
4. What we plan to do in 2006/2007
5. Customer Service Levels
6. Performance Monitoring
7. Service Cost
8. Continuous Service Improvement
9 Consultation with User Groups
10 Staff Training and Development
Appendix 1 Excerpt from Food Standard Agency Framework agreement
40 Glossary of Terms
LACORS Local Authorities Co-ordinating Office on Regulatory Services
SWERCOTS South West of England Regional Co-ordination of Trading Standards
FSA Food Standards Agency
EHC Net An Internet based information and communication system for
Environmental Health services
TS Interlink An Internet based integrated information and communication system
for trading standards / consumer protection services
QA Quality Assurance
EU European Union
HACCP Hazard Analysis and Critical Control Point study – a method for
managing food safety
41 1. The Food Service – What we do.
The Food Safety/Standards Service is located within the Environmental and Consumer Protection Service of the Council. Environmental and Consumer Protection provides a wide range of front line services.
The overall aim of the service is to prevent illness resulting from food & waterborne diseases, to assist consumers in achieving a healthy diet by avoidance of adulterated or poor quality food, and check that labelling is accurate so consumers are able to make informed choices. The service will provide advice to businesses, organisations and consumers accordingly in relation to food safety/standards matters. This is achieved by:-
Registration of food businesses within the Borough and maintenance of a premises database Inspection of food businesses for compliance with Food Safety/Standards legislation Enforcement of Food Safety/Standards law where breaches are found Investigation of complaints relating to food safety/food standards Approval of product specific premises Routine sampling of products for bacteriological quality and food standards Issue of shellfish movement documents Monitoring of shellfish harvesting areas Issue of Health Certificates for the exportation of foodstuffs to world markets Investigation and monitoring of cases of infectious disease Ensuring food is labelled correctly and meets compositional requirements Provision of advice to the business community and general public Facilitating education and promotion activities
This Service Plan should be read in conjunction with the Environmental & Consumer Protection Services Business Plan and the Service Plan Introduction.
2. Links to Borough of Poole Priorities
The service provision of the Unit is closely linked to the Council’s Vision, Mission, corporate values and priorities for the Borough of Poole. Further details on this can be found in the Service Unit’s Business Plan 2006/07.
3. Scope of the Food Service
Under the provisions of the Food Safety (England) Regulations and the Food Safety Act 1990 the Borough Of Poole is designated as a ‘food authority’ and has a statutory duty to enforce legislation relating to food safety and food standards. The following gives an outline of the extent of the work in which the service is involved:- a) Five premises hold appropriate product specific approval numbers. b) Three national/international food manufacturing premises are located in Poole. They produce:
280 tonnes/week of meat products and preparations, dairy and fish products.
42 300 tonnes/week of crispbread 230 tonnes/week of sugar confectionery
Poole has a formal Home Authority agreement with these companies in relation to food standards and one in relation to food hygiene. Poole acts as originating authority in relation to food hygiene for the other 2 premises. Export certificates are issued on application.
Additional informal agreements are in place for three manufacturers who produce for local retail sale. Home Authority relationships also exist for the enforcement of food standards in premises in Poole, either having a manufacturing base elsewhere or wholesale sales on a regional basis. c) Poole has 89 Public Houses/Wine Bars and Hotels, 145 Restaurants/Cafes and 140 Takeaway food premises. d) There is one wholesale/distributor of Feeding stuffs in Poole, and one feeding stuffs haulier. There are no manufacturers. For 2006, following changes in legislation, there are 9 on farm mixers identified and 1 food industry co-product supplier. Feeding stuff compliance is checked during programmed routine visits to these premises as well as to pet shops and other retailers. e) The Unit is responsible for ensuring continuing classification of parts of Poole Harbour and Bay for the harvesting of live bi-valve molluscs in accordance with Food Hygiene (England) Regulations 2006 and the related EU regulations. This business is valued in excess of £1 million per year. f) Samples are taken from two sites as part of the national program for the detection of algae toxins and levels of bacteria. Enquiries have been received as to extending classification area within the harbour; this will require significant resources in obtaining and analysis of samples prior to the Food Standards Agency issuing a classification. An area in Lytchett Bay has been prohibited from shellfishing due to high levels of bacteria. g) In excess of 1000 shellfish movement documents are issued each year.
43 4. What we plan to do in 2006/2007
Our Service Priorities for 2006/2007 are to:-
Achieve the Food Safety/Standards premises inspection targets set for 2006/2007. (See The Inspection Programme – Tables One & Two ).
Achieve response times for complaints/infectious disease notifications etc in line with QA standards.
Link this years Food service plan to a Dorset wide Food Service Plan in order to provide a consistent approach to food enforcement throughout Dorset.
Implement new Food Safety legislation that was introduced in January 2006. This will involve significant changes to the unit’s QA procedures.
Implement the new Food Standards Agency Code of Practice and Guidance in an appropriate way that reflects the unit’s priorities and resources. A new Code of Practice and guidance is due to be introduced in the early part of 2006 and there are expected to be a number of detailed amendments that will require changes to the way in which the unit works.
Undertake project work related to imported food, including sampling. To assess premises where imported food (from outside the EU) is likely to be present and carry out visits to these premises to ensure that imported food legislation is being complied with.
Undertake project work related to the Dorset Health Gain Partnership from a food safety perspective.
Undertake project work related to the new Microbiological Criteria Regulations, sampling products from local food businesses.
Undertake a project assessing the potential for offering training to local businesses on ‘Safer Food Better Business’ (the Food Standards Agency’s method of complying with the law on HACCP).
Introduce questionnaire surveys to replace physical inspections of low risk premises (DE) based on the pilot project in 2005/06
For Food Standards to adopt best practice developed through SWERCOTS protocol looking at alternative inspection e.g. mail shots, questionnaires and methods of self assessment. Undertake project work related to content and nutrition of School Meals and Children’s meals. To include:
o SWERCOTS project on sampling and /or TSI/LACORS/FSA project work o Liaison with PCT and schools catering provision within Borough of Poole o Consumer information.
Undertake other project work related to Food standards and Feeding stuffs.
44 To include Food Standards work in line with:
o SWERCOTS projects looking at nutritional monitoring of salt, fat and sugar levels in prepacked products e.g. breakfast cereals, and other products aimed at children. o SWERCOTS project on allergens in non prepacked food, including trader guidance and sampling. o FSA/LACORS sampling programmes to cover meat products and fish. o Feedingstuffs monitoring of any bulk movements through Poole Docks and appropriate sampling and procedures there, and at other relevant premises.
THE INSPECTION PROGRAMME Table One Premises Programmed for Food Hygiene Inspection 2006/07 (i.e. where next inspection date falls between 1/04/06 and 31/03/07)
Category Approved A B C D E Zero Total premises rated t n 1 Primary e Closed e v
Minimum Ever Every Every Every i t
inspection m or to be a e n c
frequency of and 2 y 6 12 18 2 yrs r inspect- r e o t f secondary l ed n
Inspection mths mths mths A
inspections e
Total No. of 6 552 374 932 Premises currently within risk based inspection programme No. of Planned 12 420 38 Zero 751 Inspections 06/07 275 D & E Note:- Figures produced 13/03/06. This will have an effect on accuracy as year to 31/3/06 not complete.
Food premises have been risk assessed in accordance with the Food Safety Act Code of Practice. Details of risk assessments are recorded on a Flare Software System against the individual premises. The revised risk assessment scheme will be implemented when finalised.
The publication of the Hampton review has resulted in a significant change in the way that we approach the enforcement of Food legislation. Whilst we will continue to inspect higher risk premises (A-C) as per the Code of Practice, lower risk premises (D-E) will be assessed using questionnaires. This is designed to make more efficient use of officer time and reduce the burden on business.
Following the introduction of the new legislation, the time required to complete a programmed high risk inspection has increased. This is due to increased advice and guidance given to businesses in explaining the concepts and their practical application.
Where health and safety and/or low risk food standards inspections are due at a premises within 3 months of the food safety inspection these will be combined. This ensures efficient use of resources and minimises the disturbance to the business.
45 46 Table Two
Premises Programmed for Food Standards Inspection 2006/07 (i.e. where next inspection date falls between 1/04/06 and 31/03/07)
Minimum Frequency of High Med Low Total Inspection 1Yr 2Yr 5Yr Total No. of Premises currently within risk based 21 388 430 845 inspection programme using revised LACORS risk rating criteria Implemented during 2004
No. of Planned Inspections 06/07 21 190 84 295
Note: FIGURES PRODUCED ON 9/3/06. THIS WILL HAVE AN EFFECT ON ACCURACY AS YEAR TO 31/3/06 NOT COMPLETE. The publication of the Hampton review has resulted in a significant change in the way that we approach the enforcement of Food legislation. Whilst we will continue to inspect higher risk premises(High & Med) as per the Code of Practice, low risk premises will be assessed mainly by alternative enforcement as appropriate.
Where health and safety and/or low risk food standards inspections are due at a premises within 3 months of the food safety inspection these will be combined. This ensures efficient use of resources and minimises the disturbance to the business.
FOOD AND FEEDINGSTUFFS COMPLAINTS
Estimated number of food standards / food hygiene 300 complaints 2006/07 NOTES:- Procedures are in place for the investigation of such complaints. These are in accordance with the Food Safety (England) Regulations 2006, Food Safety Act 1990, the existing Code of Practice, and LACORS advice An initial response is made within two working days. Advice and guidance is offered to all complainants. Where appropriate a referral is made to another local authority acting as a Home Authority.
HOME AUTHORITY PRINCIPLE
Estimated number of Referrals 2006/07 40 Notes:- Poole supports the Home Authority principle and has a formal agreement with the three largest food manufacturers within the Borough for food standards. It is home authority for food hygiene for 1 and originating authority for 2 others.
Advice to Business, council colleagues and Residents
47 Estimated demand for advice services 2006/07 300 Note:- The unit’s food officers act as experts in food matters for the council e.g. providing advice and guidance to colleagues in monitoring contract of food supplied directly to schools.
48 Food Safety Registration
New proprietors and businesses are required to register with the local authority. The maintenance of an accurate database is essential to ensure food businesses form part of the inspection programme, and is a Food Standards Agency requirement. A more proactive approach to registration is being taken, with visits to premises being carried out where there is no response to initial contact by letter.
New and changed registrations anticipated for 2006/07 150
6 7 FOOD AND FEEDINGSTUFFS SAMPLING a) Poole supports a sampling programme, which plays an important role in achieving safe food of a high standard. Sampling programme targets are appropriate to local needs and also reflect home authority responsibilities. b) The sampling programme for 2006/2007 focuses on our home authority responsibilities and locally produced foods. In 2006/2007 in relation specifically to Food Hygiene we will participate in both planned LACORS surveys in respect of examination of butter for the presence of Listeria and examination of raw meat for the presence of pathogenic bacteria. c) For Food Standards as well as participation in planned SWERCOTS and FSA/LACORS sampling the Public Analyst will be consulted in devising a sampling programme. There is to be development of a national database with SWERCOTS and Somerset Scientific Services. d) In 2005/6 243 food samples were taken of which, approximately, 140 were shellfish. It is anticipated that approximately 250 samples (excluding shellfish) will be examined/analysed in 2006/7. Based on 05/06 10% of samples will result from food complaints. This percentage is (as last year) considerably lower than in other years due to increased sampling on a proactive basis following changes in the Code of Practice and increased project work. The overall amount of food sampling relating to hygiene and food standards is likely to increase significantly compared to previous estimates due to the proposed food sampling projects. e) The Unit has a service level agreement with Poole Harbour Commissioners to service our shellfish monitoring requirements in accordance with shellfish hygiene regulations. Shellfish are collected from nine points within the harbour and two in Poole Bay on a monthly cycle. Additional areas within the harbour and bay have been found to support shellfish and consultation is likely to require resources to service this demand. f) Shellfish samples are examined for microbiological quality. It is anticipated that a total of 140 shellfish will be submitted for analysis during 2006/2007. g) The food sampling budget is £2000.
8 9 CONTROL AND INVESTIGATION OF OUTBREAKS AND FOOD RELATED INFECTIOUS DISEASE a) The authority has appointed “ Proper Officers “, these being medically qualified employees of the Health Protection Agency, to give advice and co-ordinate in the event
49 of food or communicable disease outbreak. In consultation with the Health Protection Agency positive identification of the following infectious diseases are faxed to the unit. Salmonella, Shigella, E. coli, Campylobacter, Cryptosporidium, Listeria, Giardia, and potential food poisoning cases. b) All cases of E. coli, Shigella or Cryptosporidium are visited within two working days. In cases of Cryptosporidium a national questionnaire is completed. c) Other notified food poisoning cases are written to within two days. This includes information on food poisoning and requests contacting a named officer to discuss further if the case falls within a ‘high risk group’ or if a commercial premises is implicated. d) 251 positive identifications were received in 2005/6. It is anticipated that 250 positive identification notifications will be received in 2006/2007. e) An outbreak control plan written in conjunction with the Health Protection Agency is in position. This details actions and management in the event of an outbreak. f) A memorandum exists between all Dorset authorities and the Health Protection Agency which outlines expected response and support from the various parties.
Food Safety Incidents a) Food alerts are investigated in accordance with the Code of Practice. EHC net and TS Interlink communication networks are accessed daily. Any food alert is recorded. Action taken will be in accordance with the alert and such additional guidance given by the FSA. There were 85 Food Alerts in 2005 compared to an estimate of 75. It is thought that this increase is likely to be sustained in 2006, given issues arising previously in UK such as illegal dyes, and allergens.
Estimated number of Food Alerts 2006/07 90
5. Customer Service Levels
An initial response to any enquiry or complaint is made within two working days. Where the situation is judged to be more urgent then an appropriate response is made in line with unit guidance and any applicable external guidance. Advice and guidance is offered to all complainants. Where appropriate a referral is made to another local authority acting as Home Authority. Full details of customer service levels including standards and accessibility are given in the introductory document to this plan.
6. Performance Monitoring
Management reporting mechanism – quarterly reporting to UMT. Team meetings to discuss progress. Review system for Team Manager to report performance and changes to service as the result of review.
50 7. Service Cost
10 Financial allocation a) Financial allocation in respect of food standards and hygiene is made in accordance with assessment of percentage FTE that officers undertake this work. b) Support costs include provision for IT and central support costs of legal, personnel and financial services. 2003/04 support costs have been more accurately allocated across the unit.
04/05 05/06 06/07 Salary (inc.on-costs) 230,640 221,830 218,900 Transport inc. lump sum 3774 3700 3600 payments Sampling 5500 1000 2000 Note:- The reduced salary figure from 04/05is due to a more accurate allocation of officer time.
11 Staffing Allocation
Total staffing allocation is 6.81FTE This includes 0.0.46 Managerial 0.17 Administrative support, giving operational staffing of 6.18FTE
8. Continuous Service Improvement
The service is committed to securing and developing effective services in line with the concepts of Best Value. Continuous improvement is achieved through a variety of means.
Benchmarking The Council regularly liaises with other Service Units and a number of other local authorities, agencies and professional organisations in order to share good practice, ensure co- ordination of actions, consistency of enforcement, and reduce duplicity of effort. a) To facilitate consistent activity the authority is represented on the following working groups/panels: Trading Standards and Environmental Health regional working groups in respect of food safety, and hygiene. Southern Shellfish Liaison Group. Health Protection Agency -Public Health Laboratory users group South West Port Liaison Network b) Officers are represented on:
Inter authority liaison groups – hygiene and standards Unitary Authority benchmarking group
51 Health Protection Agency meetings
12 Quality Assessment a) Programmed inspections are allocated monthly to officers. As from 05/06 there will be a target number of inspections to achieve for food safety and food standards per quarter. b) Complaints and service requests are entered on a Flare database. All actions are recorded within this database. c) Monthly management reviews are held with all officers to discuss and review work demands, actions and outcomes. These include assessment against service unit and corporate performance standards. d) Legal notices are agreed with the team manager or principal officer prior to service. Letters and records of visit differentiate between legal requirements and best practice. e) The unit operates to a quality assurance scheme with appropriate work instructions procedures and documents. f) A quality of inspection procedure is in place with all inspecting officers being accompanied by team manager/principal officer, on a planned basis. The procedure starts with investigation of records prior to inspection includes the inspection process, post inspection written information and recording. An appraisal monitoring form is completed by the manager. Results are discussed; any divergence from Q A is acted upon. The monitoring form is held by the Team Manager (Proactive). g) The unit is participating in inter-authority audits.
A percentage of premises receiving a programmed inspection are surveyed as to the trader’s opinion on the inspection, the attitude and conduct of the officer and usefulness of advice given. Survey returns are analysed to identify shortcomings or improvements to the system or with individual officers. Feedback is also given to individual officers.
Promotional Work a) There are several local providers of food hygiene courses. Liaison is maintained with these providers and details are made available to traders and on enquiry. b) The unit’s web site has been fully updated with more detailed information relating to food safety and standards. Development is ongoing with the intention of incorporating promotional material, as part of the corporate ‘E-government’ objectives.. c) We will continue to make interested parties aware of their responsibilities in respect of Specific Risk Material and the Animal By Products Order 1999. d) Local business is supported by producing information where there is a need and providing information and advice on request.
9. Consultation with User Groups
52 Customer surveys are undertaken of those making a complaint to the service and those having received an inspection by officers of the unit. These surveys are undertaken twice a year ,with the sampling rate in accordance with ISO 2859. Findings are used to improve the service provided and feed back to staff where appropriate.
53 10. Staff Training and Development
Staff Training and Development The Unit’s enforcement role will be achieved by providing an appropriately resourced, trained and competent workforce who in turn, provide a consistent, transparent, effective and efficient enforcement service.
A key training requirement for the year is the changes to the legislation and Code of Practice, and further changes to the food legislation in January 2006. Training will be arranged for officers as required.
Investors in People All food hygiene and food standards inspections are carried out by appropriately qualified officers to meet the requirements of the Food Safety Act Code of Practice and related guidance.
We recognise the need for all officers engaged in food hygiene/standards work to be trained, not only to the level required by national guidance, but also to a level commensurate with the work they carry out. We also recognise the need to develop the personal skills needed in order to work effectively in the field and for Environmental Health Officers to meet the requirements of Continuing Professional Development (CPD). This will include bi-monthly liaison meetings where ideas, developments and training issues can be shared amongst colleagues.
Review against the Service Plan Both this Service Plan, and the Unit’s Business Plan, are used in setting individual and team targets via the Employee Development Interview Action Plan. Performance is reviewed through a variety of mechanisms. These include:
i) Officer monthly reviews ii) Team Meetings iv) Management Group
The principal performance measures are targets set within this plan.
* * *
54 Appendix 1
Excerpt from Food Standards Agency Framework Agreement – Taken from www.food.gov.uk
The White Paper “The Food Standards Agency – A Force for Change” identified the Food Standards Agency as having a key role overseeing local authority enforcement activities. The Agency will, therefore, be proactive in setting and monitoring standards and auditing local authorities’ enforcement activities in order to ensure this activity is effective and undertaken on a more consistent basis. Powers to enable the Agency to monitor and audit local authorities are contained in the Food Standards Act 1999.
Service plans are seen to be an important part of the process to ensure national priorities and standards are addressed and delivered locally. Service plans will also:
focus debate on key delivery issues; provide an essential link with financial planning; set objectives for the future, and identify major issues that cross service boundaries; provide a means of managing performance and making performance comparisons.
Given the importance of service plans, particularly in the context of the local authority monitoring and audit role of the Food Standards Agency, it was recognised by both central and local government that central guidance on the content of local service plans for food enforcement work would be helpful. The guidance, read in conjunction with Chapter 2 – ‘The Standard’, provides local authorities with a service plan template to ensure that all the areas of the food and feedingstuffs enforcement service covered by the food law enforcement Standard are included in the plan whilst allowing scope for the inclusion of any locally defined objectives. The template will ensure that local authorities will include in their service plans:
information about the services they provide; the means by which they will provide those services, including the various requirements of the Standard; the means by which they will meet any relevant performance targets or performance standards set out under, for example, Best Value; a review of performance in order to address any variance from meeting the requirements of the service plan.
In developing the Standard and this guidance account has been taken of the guidance issued by the Cabinet Office on the balance of local authority enforcement mix. That guidance states:
‘The Government recognises that local authority enforcers use various approaches to enforcement work depending on the prevailing circumstances, level of risk, political and stakeholder will and other external influences. We expect local authority enforcers to adopt a balance of techniques and approaches in order to ensure the safety and wellbeing of the public and of the environment and not to rely on any one method. We believe that assisting compliance is every bit as important as detecting non-compliance. The targeting of resources where they are most effective and at areas of highest risk is essential in providing the public with an effective service. It is the desired outcome, which may alter with changing circumstances, that should be the key influence when local authority enforcers are selecting techniques to be used. Attention should be given to longer term as well as short-term outcomes.’
55 The service plan should, therefore, demonstrate that local authorities are providing a balanced service in this respect.
56 Borough of Poole Environmental & Consumer Protection Services
HEALTH & SAFETY SERVICE PLAN
2006/07
CONTENTS
Glossary of Terms
1. The Health and Safety Service
2. Scope of the Health and Safety Service
3. What we plan to do in 2006/2007
4. Performance Monitoring
5. Service Cost
6. Continuous Service Improvement
7. Consultation with User Groups
8. Staff Training and Development
Appendix I Background to Health and Safety Service Plan
Appendix 2 Revitalising Health and Safety
Appendix 3 Working Together Strategic Programme
57 Glossary of Terms
CCDC Consultant in Communicable Disease
CIEH Chartered Institute of Environmental Health
EHO Environmental Health Officer
EMM Enforcement Management Model
HELA Health & Safety Executive/Local Authorities Enforcement Liaison Committee
HPA Health Protection Agency
HSC Health & Safety Commission
HSE Health & Safety Executive
LACORS Local Authorities Co-ordinator of Regulatory Services
LAU Local Authority Unit
NCSC National Care Standards Commission
PHLS Public Health Laboratory Service
MSD Musculo-Skeletal Disease
58 1. The Health and Safety Service – What we do.
The Health and Safety Service is located within the Environmental and Consumer Protection Service of the Council, and provides a wide range of front line services.
It is the Borough of Poole’s aim to secure the health, safety and welfare of persons at work within the Borough, and others who may be exposed to their work activities, from risk of injury by undertaking targeted routine inspections, and investigation of complaints and accidents. We also aim to inform and educate the public and business of their rights and obligations. This is achieved by:-
Inspection of premises for compliance with Health and Safety Legislation Provision of advice and information upon request and during inspections Enforcement of Health and Safety Law where breaches are found. Investigation of accidents/fatalities. Investigation of complaints made directly to the service. Attendance at emergency incidents.
This Service Plan should be read in conjunction with the Environmental and Consumer Protection Services Business Plan and the Service Plan Introduction.
Service performance standards are described in the Unit’s Business Plan and in the Unit’s Quality Assurance systems.
2. Links to Borough of Poole Priorities
The service is closely linked to the Council’s priorities vibrant economy, health and well being.
3. Scope of the Health and Safety Service
The objectives of this Service Plan are to ensure that businesses meet relevant standards, and that reputable well run businesses are not prejudiced by unfair competition. In delivering its regulatory services, the Unit seeks to work with businesses to gain compliance through the provision of advice and information, except where employee or public safety indicates a need for immediate, and/or proportionate enforcement action. The Unit is guided in such actions by its own Enforcement Policy, application of the EMM, as well as guidance provided by the HSE/HELA. The Unit acts as a source of information and advice for business and consumers alike and seeks to support the development of “modern markets and informed consumers”.
In general terms, the service has enforcement responsibilities for premises within the service, leisure and cultural sectors. It includes, offices, shops, hairdressers, hotels, boarding kennels and catteries, builders and timber merchants, hire companies, tyre and exhaust fitting, some warehouses, cafes and restaurants, some child care facilities, garden centres, laundrettes, some recreational activities, some residential care homes, riding stables and skin piercing premises. Those in the industrial, construction and agricultural sectors are regulated by the Health and Safety Executive.
The main objectives of a comprehensive health and safety inspection are to:
59 Determine the extent of the business activities and hence the relevant health and safety legislation that applies to the operations taking place at the premises Collate relevant data, from inspecting records, officer observations and discussions with employees, managers and proprietors Involve employee safety representatives during the course of the inspection. Identify potential hazards and associated risks to employees and non-employees. Assess the effectiveness of existing controls in place to achieve a safe working environment. Assess the effectiveness of health and safety management systems operated by the business. Identify contraventions of health and safety legislation and, where necessary, implement appropriate enforcement action, to secure compliance with the legislation. Provide advice and information to occupiers and employees. Guide occupiers in the use of good practice, in line with Codes of Practice, Industry Guides and relevant standards. Promote continued improvements in health and safety standards through the adoption of good practice.
4. What we plan to do in 2006/2007
Our Service Priorities for 2006/2007 are to:-
1. Achieve the premise inspection targets set for 2006/2007 (The Inspection Programme) for higher risk premises. With alternative mechanisms used to inform lower risk business, such as self audit questionnaires and training events. 2. Continue to review the premises database in respect of health and safety enforcement. 3. Continue to record and deal with new or previously unregistered premises. 4. Work in partnership with the HSE in addressing implementation of Fit 3. This project work will be a major element of health and safety work for 2006/7 and will account for half the officer time allocated to health and safety.
o Slips and Trips o Contact Dermatitis Campaign o Occupational Asthma o Cancer – Asbestos o Backs 2006 o Cross cutting campaign - Moving goods safety o Cross cutting work o Large Organisation Partnership Pilot
5. Continue to implement the Enforcement Management Model as required by Section 18 guidance by the HSE. 6. Continue with Inter-Authority Auditing 7. Provide administrative support to Officers 8. Ensure a trained and competent workforce 9. Investigate complaints 10. Investigate accidents as per the unit’s guidance.
60 11. Deal with major safety incidents 12. Develop closer links with the Licensing function 13. Investigate the potential to produce a Dorset wide Health and Safety plan in conjunction with other Dorset Authorities.
1. FIT3 Projects
With the drive for better regulation it has been identified that there should be greater partnership working between enforcers. In the spirit of this the HSE are working in conjunction with local authorities to deliver the FIT3 programme. This identifies key areas based on risk that will be priorities for the year. All Dorset Authorities have signed up to the programme and each will lead on a subject area. Poole will be leading on asbestos due to our expertise in the area. The projects are as follows.
o Cancer – asbestos. Project focusing on the duty to manage asbestos in LA enforced premises. Duty to manage issue to be raised in all EHO/ TO visits where duty holder is present. Project will also focus on property maintenance workers through a partnership network. o Slips and Trips - Watch Your Step Follow Up. Follow up work and enforcement following 2005 Campaign. Follow up to focus on large and medium employers in transport, retail and hotels and catering o Slips and Trips - targeted interventions. Programme targeted inspection and investigation - main targets are retail, warehousing and care homes. o Slips and Trips - Lead Authority Partnership Scheme Work with LAs as part of LAPS. Project that increases the influence of Lead Authorities on management of slips and trips by these multi-site employers. o Contact Dermatitis Campaign - Campaign focusing on reduction in contact dermatitis in hairdressing, food preparation, and cleaners. Project includes initiatives with suppliers, trade associations and training providers, a targeted awareness raising campaign and interventions to achieve sustained behaviour change - particularly focusing on use of gloves. o Occupational Asthma – Flour Dust - Food preparation including craft bakeries. Project aiming to reduce incidence of asthma in food preparation involving the use of flour. Supported by inspection and enforcement pack, and significant input by HSE Occupational Heath and Medical Teams o Backs 2006 - Second major campaign. Targeted inspection and communications campaign during October - will continue to promote lifting aids and injury reduction, but will also evolve to include managing sickness absence. o Cross cutting campaign - Moving goods safetyPartnerships project aimed at workplace transport, slips and trips, falls and MSDs across goods supply chains and at a defined group of premises involved in the movement of goods. Inspectors and EHOs will determine the right mix of these topics at each stage in the logistics chain and at the premises they visit. Precise details will be worked out in due course, but likely areas of interest include road haulage and warehousing, internet and catalogue based delivery, white goods delivery etc, food and drinks delivery and construction-related delivery (including builders merchants). o Cross cutting work - Royal Mail Intervention Management Systems Inspection Project. Joint visits between HSE and LA inspectors o Large Organisation Partnership Pilot - The pilot is part of the Engaging Large Organisations Project, which aims to engage more effectively with large organisations; it is intended to begin the process, through the development of current good practice, of finding the most effective approaches to engagement.
61 2. The Inspection Programme Inspections will be less of a priority than other years due to the concentration of resources on the FIT3 Project. However we will carry out the inspection of high risk premises in line with the HSE priorities. Enforcement priorities during routine inspections will continue to focus on the HSE’s current priority programmes, which supports the HSE’s strategy on Revitalising Health and Safety
Inspections covering these priority issues will be supported by the officer leaving a self-audit questionnaire together with an information pack, covering other aspects of health and safety within the business. Revisits will be carried out where significant remedial works have been required, particularly where formal measures have been taken (as per QA procedures).
The revised inspection rating system, issued in July 20041, advocates alternative intervention strategies for category B3, B4 and C premises. It indicates that Local Authorities should review at 3 and 5 year periods respectively the need for inspecting premises in Groups B3 and B4 , whilst Category C premises should not normally be a part of the planned inspection cycle.
Table 1: Premises Tagged for Planned Health and Safety Inspection 2006/07 (i.e. where next inspection date falls between 1/04/06 and 31/03/07)
Category A B1 B2 B3 B4 C *
Minimum Every Every Every Use other Use other Use other frequency of 12 18 2 yrs intervention intervention intervention Inspection mths mths strategies but strategies but strategies review rating review rating every 3 yrs every 5 yrs Total No. of 8 33 201 456 559 1064 Premises currently within risk based inspection programme No. of Planned 8 16 75 N/a N/a N/a Inspections 06/07
Planned 100 75 75 N/a inspections as % of total * Category C premises should not normally be a part of the planned inspection cycle.
Figures were produced in March 2006 there may therefore be some changes to reflect the end of year position. Where food hygiene and/or low risk food standards inspections are due at a premises within 3 months of the health and safety inspection these will be combined. This ensures efficient use of resources and minimises the disturbance to the business
3. Alternative intervention strategies
1 HELA LAC 67/1(rev3)
62 The alternative intervention methods to be used in the B3, B4 and C category premises will be the largest part of the Unit’s enforcement strategy and will be directed at Revitalising Health and Safety Strategy Topic Inspection areas. It will include special interventions, surveys, and enforcement initiatives eg monitoring of accident reports, seminars, questionnaires, consideration of Planning, Licensing or other formal applications, and HSE partnership project visits.
4. Database Review
In addition to the above, there are approximately 800 premises on the database which, for historical reasons, have not previously been risk rated. Some of these will fall to the HSE to inspect, others may have closed. A continuing task for 2006/2007 will therefore be to verify the quality of this data, and allocate appropriate priority ratings to those that fall to the Local Authority to inspect. A proportion of these will be inspected during 2006/07.
5. New or previously unregistered Premises
Although such premises will be outside the numerical priority planning system, they are given a rating once a visit has been made and are subsequently included in the general inspection programme. New businesses that register with us by completing an OSR1 registration form, or which come to our notice through our database review (see above), will be provided with advice appropriate to their business upon request. Those premises identified as high risk will receive a visit, resources permitting. Whilst such visits will not have been included in the overall general inspection programme, they will be given a risk rating once a visit has been made.
6. ‘C’Risk Premises Questionnaire
This project started in 2004/05 and consisted of sending self-assessment questionnaires to 500 of the lowest risk premises on the database, and subsequently carrying out follow up inspections to a proportion of premises to ascertain the value of the questionnaire. This work, in part, has assisted in updating the database but has also served as a project for one of our MSc students. Whilst there is no longer a requirement for local authorities to routinely inspect this category of premise, work will continue this year to analyse the findings of this project. This will include up to 10% of the premises returning the questionnaire during 2006/07, receiving a visit.
7. Inter-Authority Auditing
To continue participation in inter-authority auditing with other local authorities within Dorset, the aim of the audits being to identify and spread best practice. An ongoing programme is in place to remedy non-conformities found in previous audits.
8. Complaint Investigation
All complaints made by employees, or others, about health and safety standards in the workplace are recorded and the background to all such complaints is ascertained so that they can be screened for appropriate follow up action. Resolution of the complaint will either be by on-site investigation, telephone or written advice.
9. Advice
63 Advice is a crucial element of the inspection process. In most cases, when dealing with low hazard/low risk activities, such advice will be by telephone or sending a leaflet rather than by visiting the premises.
10. Accident Investigation
Investigation of a proportion of reportable accidents, incidents and diseases, notified under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR). Accidents are prioritised and selected for investigation using the Unit’s Incident Investigation Selection Procedure. In summary, priority is given to the investigation of accidents or incidents which demonstrate the following features: fatalities, serious injuries or cases of ill health or dangerous occurrences, potentially serious events; public concern investigations in support of initiatives within the HELA Strategy (Priority Programme will focus on falls from height; workplace transport; stress; musculoskeletal disorders; and slips and trips; asbestos); incidents giving rise to a complaint; incidents where there appears to be a serious breach of the law; incidents which recur in a particular trade or premises; incidents involving young persons, children, or other vulnerable groups; incidents which indicate a general management failure; incidents involving a new process, technique, or item of plant.
The depth and scope of investigation required depends on the nature of the complaint and the seriousness of the hazard and risk that it represents e.g. the potential outcome and the number of people who may be affected.
11. MAJOR SAFETY INCIDENTS
In the event of there being a major incident, the Council’s Emergency Plan would be actioned. The Unit forms an integral part of this Plan. We also have a contract with the Chemical Incident Response Service should we required additional specialist advice and assistance.
12. Licensing function
Increase liaison with the Licensing function following the transfer of liquor licensing to local authority control under the Licensing Act 2003 to advise on health and safety matters
5. Performance Monitoring
Both this Service Plan, and the Unit’s Business Plan, are used in setting individual and team targets via the Employee Development Interview Action Plan. Performance is reviewed through a variety of mechanisms. These include:
iii) Officer monthly reviews iv) Team Meetings each month to discuss progress v) Management Group - quarterly reporting to the Unit Management Team (UMT) vi) Review system for Team Manager to report performance and changes to service as the result of review
The principal performance measures are targets set within this plan.
6. Service Cost
64 To secure our aims, we will resource the service to ensure that it meets the Government's requirements for enforcement in line with guidance issued by Health and Safety Commission, HELA and the HSE.
The level of expenditure in providing the service is set out below:
Cost Element 2004/0 2005/0 2006/0 5 6 7
Salaries and on-costs £180,450 £162,580 £164,750 Note:- The reduced salary figure from 04/05is due to a more accurate allocation of officer time.
Staffing Allocation - total staffing allocation is 5.34 FTE. This includes 0.44 Managerial and 0.20 Administrative support, giving operational staffing of 4.70 FTE.
7. Continuous Service Improvement
The service is committed to securing and developing effective services in line with the concepts of Best Value. Continuous improvement is achieved through a variety of means.
1. Benchmarking Our safety enforcement service is externally audited on a periodic basis by peer review, as part of the local Dorset County inter-authority audit scheme. The safety service is audited three times a year, using the HELA protocol for inter-authority auditing of Local Authorities Management of health and safety enforcement, issued in January 2002. Where non conformities are identified, an Action Plan is drawn up to ensure eventual full compliance with the audit deficiencies. We propose to continue with this monitoring system during 2006- 07, in accordance with the County’s agreed rolling audit programme.
2. Liaison with Other Service Units and Organisations The Council regularly liaises with other Service Units and a number of other local authorities, agencies and professional organisations in order to share good practice, ensure co- ordination of actions, consistency of enforcement, and reduce duplicity of effort. These organisations include :- Dorset Chief Officer’s Health & Safety Working Group Dorset Fire and Rescue Service Dorset Police Dorset Trading Standards Employment Medical Advisory Service Environment Agency Health Protection Agency Health & Safety Executive HELA LACORS Licensing Authority NCSC Other service suppliers Regular HPA/CCDC/CIEH meetings State Veterinary Service
65 3. Quality Assessment a) Programmed inspections are allocated monthly to officers. As from 2006/07 there will be a target number of inspections to achieve for health and safety per quarter. b) Complaints and service requests are entered on a Flare database. All actions are recorded within this database. c) Monthly management reviews are held with all officers to discuss and review work demands, actions and outcomes. These include assessment against service unit and corporate performance standards. d) Legal notices are agreed with the team manager or principal officer prior to service. Letters and records of visit differentiate between legal requirements and best practice. e) The EMM is used, in conjunction with the Units’ Enforcement Policy, in all cases where prosecution is being considered to help ensure consistency in decision making. The model is also used, as appropriate, where enforcement notices are being considered. f) The unit operates to a quality assurance scheme with appropriate work instructions procedures and documents. g) A quality of inspection procedure is in place with all inspecting officers being accompanied by team manager/principal officer, on a planned basis. The procedure starts with investigation of records prior to inspection includes the inspection process, post inspection written information and recording. An appraisal monitoring form is completed by the manager. Results are discussed; any divergence from Q A is acted upon. The monitoring form is held by the Team Manager (Proactive). h) A percentage of premises receiving a programmed inspection are surveyed as to the trader’s opinion on the inspection, the attitude and conduct of the officer and usefulness of advice given. Survey returns are analysed to identify shortcomings or improvements to the system or with individual officers. Feedback is also given to individual officers.
8. Consultation with User Groups
Service user surveys are undertaken twice a year. Sampling rate is in accordance with ISO 2859. Information and comments received are used to improve service and feed back to staff where appropriate.
9. Staff Training and Development
Staff Training and Development The Unit’s enforcement role will be achieved by providing an appropriately resourced, trained and competent workforce who in turn, provide a consistent, transparent, effective and efficient enforcement service.
66 Investors in People (IiP) All health and safety inspections are carried out by appropriately qualified officers to meet the requirements of the relevant Health and Safety Commission Section 18 guidance and local levels of authorisation under the Act.
A competency matrix will be developed over the year which will record individual officers competencies in a range of skills, so that any training needs can be clearly identified and delivered in line with the Unit’s training strategy. The matrix will be developed in partnership with other Dorset Authorities, with the consequent benefits of economies of scale.
We recognise the need for all officers engaged in safety work to be trained, not only to the level required by national guidance, but also to a level commensurate with the work they carry out. We also recognise the need to develop the personal skills needed in order to work effectively in the field and for Environmental Health Officers to meet the requirements of Continuing Professional Development (CPD). This will include monthly liaison meetings where ideas, developments and training issues can be shared amongst colleagues.
* * *
67 APPENDIX 1 BACKGROUND TO HEALTH & SAFETY SERVICE PLAN
SECTION 18 HSC GUIDANCE TO LOCAL AUTHORITES
1. The Council is designated as an Enforcing Authority under the Health and Safety (Enforcing Authority) Regulations 1998. As such it is responsible for the enforcement of the Health and Safety at Work, etc, Act 1974 (and relevant statutory provisions) for activities which fall to the local authority sector within the Borough of Poole.
2. In accordance with guidance issued by the Health and Safety Commission (HSC), the Council is required to produce a Health and Safety Service Plan for 2006/07. The guidance is termed “Section 18” guidance, as Section 18 of the Health and Safety at Work, etc, Act 1974 requires each local authority to make adequate arrangements for the enforcement of health and safety legislation. Local authorities must make such arrangements in accordance with guidance from the Health and Safety Commission. This guidance is therefore mandatory and has standing in law. The Section 18 guidance requires the plan to be submitted for approval by members.
3. Section 18 (4) states: it shall be the duty of every local authority –
a) to make adequate arrangements for the enforcement within their area of the relevant statutory provisions to the extent that they are by any of those provisions or by regulations under subsection (2) above made responsibilities for their enforcement; and
b) to perform the duty imposed on them by the preceding paragraph and any other functions conferred on them by any of the relevant statutory provisions in accordance with such guidance as the Commission may give them
4. The guidance notes issued by the Health and Safety Commission (HSC) under section 18(4) contain the broad principles, which the HSC wishes Local Authorities (LAs) to adopt in enforcing health and safety legislation. They provide a framework within which LAs should operate so that HSC can be confident that they are making adequate arrangements for enforcement
5. In the view of the HSC the following elements are essential for an LA to adequately discharge its duty as an enforcing authority:
A clear published statement of enforcement policy and practice;
A system for prioritised planned inspection activity according to hazard and risk, and consistent with any advice given by the Health and Safety Executive and Local Authority Enforcement Liaison Committee (HELA);
A service plan detailing the LA’s priorities and its aims and objectives for the enforcement of health and safety;
The capacity to investigate workplace accidents and to respond to complaints by employees and others against allegations of health and safety failures;
Arrangements for benchmarking performance with peer LAs;
68 Provision of a trained and competent inspectorate; and
Arrangements for liaison and co-operation in respect of the Lead Authority Partnership Scheme.
69 APPENDIX 2
REVITALISING HEALTH AND SAFETY
1. Revitalising health and safety (RHS) is a 10-year strategy to improve health and safety at work, launched jointly by the government and Health and Safety Commission on 7 June 2000. It contains three elements: a set of improvement targets for Great Britain, a 10- point strategy and 44 action points to improve health and safety.
2. It is about injecting new impetus to better health and safety in all workplaces through: helping people at work to protect themselves and their business making work a better place to be helping you decide how to make your work safer and healthier
3. The reason why we needed to 'revitalise' health and safety was because it was recognised that in Great Britain in 2000, the same proportion of people had been injured at work since the early 1990s. The Health and Safety at Work Act (passed in 1974) was the most recent bit of law for health and safety at work. The government and the Health and Safety Commission (HSC) wanted to act and put more effort into managing health and safety to start reducing these numbers.
4. The targets for the whole economy is to reduce the rate of fatal and major injury to workers involving by : 5% by 2004/05 and 10% by 2009/10.
5. Some statistics Falls from height - there has been a downward trend in the number of fatalities in the services industry from 17 in 1996/97 to 10 in 2002/03.
Overall the proportion of major injuries due to slipping and tripping accidents has steadily increased. It has increased significantly in 2001/02, and the increase maintained in 2002/03, which may in part be due to the new guidelines. Some major injuries previously counted as falls from height are now counted as slip/trips.
Slipping and tripping is the commonest kind of accident in employee major injuries. About 19% involve a trip over materials, products and small containers; 19% involve a slip on a wet substance or wet surface.
Stress - The 2003/4 survey of Self-reported Work-related Illness prevalence estimate indicated that over half a million individuals in Britain believed in 2003/4 that they were experiencing work-related stress at a level that was making them ill. The Stress and Health at Work Study indicated that nearly 1 in 5 of all working individuals thought their job was very or extremely stressful.
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70 APPENDIX 3
WORKING TOGETHER STRATEGIC PROGRAMME
1. The Health and Safety Executive (HSE) and Local Authorities Coordinators of Regulatory Services (LACORS) have unveiled a Statement of Intent, setting out their joint commitment to improving how HSE and local government work together to improve health and safety at work.
2. Developing an effective partnership between local government and HSE in how health and safety is enforced is one of the strategic themes of the Health and Safety Commission’s (HSC) Strategy for Workplace Health and Safety in Great Britain to 2010 and beyond.
3. The Statement of Intent sets out the high-level commitments that provide the framework of objectives for the Strategic Programme and achievement of the Vision. The Vision is of Local Authorities (LAs) and HSE working jointly in partnership locally, regionally and nationally, to a common set of goals and standards, committed to focusing resources on agreed health and safety priorities. The aim is to minimise harm to those in the workplace or those affected by workplace activities, and contribute to the health and well-being of local communities. The Strategic Programme includes working in partnership, improving communications between the partners, sharing information, examining the legal framework, developing arrangements for monitoring the work of the enforcing authorities and working with other government departments.
4. The Strategic Programme is currently in its development stage, but early activities include the piloting of joint working initiatives, examination of existing examples of good practice, the establishment by HSE of “Partnership Managers” to work with local authorities and developing communications.
5. The Statement of Intent has been signed by the heads of the key local government representative bodies, the Local Government Association, the Welsh Local Government Association, the Convention of Scottish Local Authorities, LACORS, the HSC and the HSE.
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