Environment and Sustainability Committee

Wednesday 29 June 2016 at 7.30pm

Council Chamber Runnymede Civic Centre, Addlestone

Members of the Committee

Councillors J J Wilson (Chairman), I A Chaudri (Vice-Chairman), T J F E Gracey, Mrs M T Harden, D J Knight, M T Kusneraitis, S M Mackay, B W Pitt, P I Roberts, and Miss J K Sohi

AGENDA

Notes:

1) Any report on the Agenda involving confidential information (as defined by section 100A(3) of the Local Government Act 1972) must be discussed in private. Any report involving exempt information (as defined by section 100I of the Local Government Act 1972), whether it appears in Part 1 or Part 2 below, may be discussed in private but only if the Committee so resolves.

2) The relevant 'background papers' are listed after each report in Part 1. Enquiries about any of the Agenda reports and background papers should be directed in the first instance to Mr M L White, Democratic Services Section, Law and Governance Business Centre, Runnymede Civic Centre, Station Road, Addlestone (Tel: Direct Line: 01932 425623). (Email: [email protected]).

3) Agendas and Minutes are available on a subscription basis. For details, please ring Mr B A Fleckney on 01932 425620. Agendas and Minutes for all the Council's Committees may also be viewed on www.runnymede.gov.uk.

4) In the unlikely event of an alarm sounding, members of the public should leave the building immediately, either using the staircase leading from the public gallery or following other instructions as appropriate.

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5) Filming, Audio-Recording, Photography, Tweeting and Blogging of Meetings

Members of the public are permitted to film, audio record, take photographs or make use of social media (tweet/blog) at Council and Committee meetings provided that this does not disturb the business of the meeting. If you wish to film a particular meeting, please liaise with the Council Officer listed on the front of the Agenda prior to the start of the meeting so that the Chairman is aware and those attending the meeting can be made aware of any filming taking place.

Filming should be limited to the formal meeting area and not extend to those in the public seating area.

The Chairman will make the final decision on all matters of dispute in regard to the use of social media audio-recording, photography and filming in the Committee meeting.

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If you need help reading this document please contact the Council on 01932 838383. We will try to provide a reading service, a large print version, or another format.

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LIST OF MATTERS FOR CONSIDERATION Page PART I Matters in respect of which reports have been made available for public inspection

1. FIRE PRECAUTIONS 5

2. NOTIFICATION OF CHANGES TO COMMITTEE MEMBERSHIP 5

3. MINUTES 5

4. APOLOGIES FOR ABSENCE 5

5. DECLARATIONS OF INTEREST 5

6. BRING SITES: PROPOSED CLOSURE 5

7. ENVIRONMENTAL PROTECTION ACT 1990: ENFORCEMENT OF 10 PART II – WASTE ON LAND

8. SMOKE FREE LEGISLATION 18

9. FOOD SERVICE PLAN 2016/17 20

10. KEY PERFORMANCE INDICATORS AND CORPORATE PROJECTS: 22 4th QUARTER 2015/16

11. APPOINTMENT OF REPRESENTATIVES – RIVER THAMES ALLIANCE 24

12. APPOINTMENT OF REPRESENTATIVES – SCC TASK GROUPS 25

13. EXCLUSION OF PRESS AND PUBLIC 27

PART II Matters involving Exempt or Confidential Information in respect of which reports have not been made available for public inspection a) Exempt Information

(No reports to be considered under this heading)

(b) Confidential Information

(No reports to be considered under this heading)

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1. FIRE PRECAUTIONS

The Chairman will read the Fire Precautions, which set out the procedures to be followed in the event of fire or other emergency.

2. NOTIFICATION OF CHANGES TO COMMITTEE MEMBERSHIP

3. MINUTES

To confirm and sign, as a correct record, the Minutes of the meeting of the Committee held on 23 March 2016. The Minutes of this meeting were emailed to Members in April

4. APOLOGIES FOR ABSENCE

5. DECLARATIONS OF INTEREST

If Members have an interest in an item, please record the interest on the form circulated with this Agenda and hand it to the Legal Representative or Committee Administrator at the start of the meeting. A supply of the form will also be available from the Committee Administrator at meetings.

Members who have previously declared interests, which are recorded in the Minutes to be considered at this meeting, need not repeat the declaration when attending the meeting. Members need take no further action unless the item in which they have interest becomes the subject of debate, in which event the Member must leave the room if the interest is a disclosable pecuniary interest or if the interest could reasonably be regarded as so significant to prejudice the Member’s judgement of the public interest.

6. BRING SITES PROPOSED CLOSURE (ENVIRONMENTAL SERVICES)

Synopsis of report:

To inform Members of an increase in emptying costs at Bring Sites in Runnymede with a view to closing sites.

Recommendation(s):

Members agree to the closure of all Bring sites and concentrate on kerbside collection methods already in situ and to develop recycling collections within flatted developments.

1. Context of report

1.1 There are currently 33 recycling Bring Sites in the Borough as listed on page 9 of this report.

1.2 Most of the Bring Sites have been in operation for several years. The materials that can be taken to each of the sites include glass, paper and textiles (depending on the site).

1.3 When these banks were introduced to the Borough several years ago, the majority of households did not have a kerbside collection. The need/requirement for banks were reviewed in September 2012 when they were reduced with the introduction of the kerbside co-mingled collection. Now over 28,000 of properties in the Borough have access to the kerbside scheme which, last year (2015/16), collected more than

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7000 tonnes of co-mingled recycling material. This significantly reduces the need for Bring Sites across the Borough.

1.4 Due to the current market value of materials and the success of RBC’s kerbside recycling collection, very minimal amounts of tonnage are obtained from the Bring Banks. They are costing more in clearance costs and street cleansing maintenance than RBC is receiving from the external contractors in payment for the materials.

2 The Report

2.1 Runnymede residents are doing a wonderful job of recycling and keeping recyclable materials out of landfill.

2.2 With the increasing success of the kerbside collection scheme, recycling rates are set to steadily rise leaving a number of the recycling Bring Sites across the Borough under used. In other cases Bring Sites are creating environmental health problems and attracting fly tipping. This, coupled with the increasing costs of servicing the sites, leads to Officers recommending that the Council should now look to close the sites and concentrate resources on increasing the kerbside collections.

2.3 In light of recent price increases from the Council’s contractor, Palm Recycling Paper Collectors, the Bring Sites are now costing a substantial amount to maintain. The amount of tonnage gained from the banks has reduced year-on-year due to kerbside recycling collection and Officers are now recommending that the banks are removed as they are now not viable.

2.4 The table below compares the costs charged last year of the contractors that undertake collections from RBC’s glass and paper Bring Banks:

2015-16 2016-17 % increase in No. of cost banks Palm Paper £300 £500 66% 4 Berryman £527 £527 0% 31 Glass

2.5 Last year’s glass and paper bank cost (*recycling credits at £56.05 per tonne)

% of Annual Overall Tonnes Annual Net Surplus / Recycling Material recycling expendi surplus / 2015-16 income deficit credits* rate ture deficit Paper 30.119 0.25% £680 £3600 -£2930 £1690 -£1240 Glass 87.132 0.74% £705 £6320 -£5620 £4890 -£735 Total 117.251 0.99% £1380 £9920 -£8545 £6570 -£1970

2.6 The table below shows the projected glass and paper bank costs for 2016-17 taking into account increases in collection costs. It is worked out on the same tonnage as last year but Officers expect the tonnage to actually decrease as it has year-on-year with the increased use in kerbside collection.

% of Annual Overall Tonnes Annual Net Surplus / Recycling Material recycling expendi surplus / 16-17 income deficit credits* rate ture deficit Paper 30.119 0.25% £680 £6000 -£5330 £1690 -£3640 Glass 87.132 0.74% £705. £6320 -£5620 £4890 -£735 Total 117.251 0.99% £1380 £12320 -£10,950 £6570 -£4370

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2.7 The projection above does not take into consideration the possible removal of recycling credits, due to changes in recycling payments by the County Council as Waste Disposal Authority, at a Borough level in the Autumn of 2016. This would drastically affect the overall Bring Site costs by increasing the deficit.

2.8 Textile banks are also in 11 of RBC sites and in 2015/16 Runnymede received a net £300 a tonne for this material. Although a large income is received for the textile tonnage, it is anticipated, following the introduction in November 2015 of a kerbside collection service for textiles available to all residents, the main bulk of this tonnage will incrementally move away from textile banks, as the experience since introduction has been a monthly increase in kerbside collected tonnages. The textile banks also have a high cost in terms of street cleansing and, as they are situated in a number of car parks, this results in a loss of parking spaces and the associated income. The amount RBC receives in tonnage for textiles from its contractor, European Recycling Company, is decreasing in 2016/17 to £200 per tonne due to a decrease in material value which will reduce the overall surplus.

Invoiced Annual Invoiced Tonnes 2015-16 Material Income 2015-16 (from textile banks) (£300 per tonne) European Recycling 72.46 £21,738 Textiles

2.9 In 2015-16, street cleansing re-charged £18,400 onto recycling for the upkeep (cleaning and clearing fly-tips) of the 33 Bring Sites around the Borough. This is increasing by 2% in 2016/17 so will be £18,800. Although RBC will not save this re- charge by closing the Bring Sites, we will be able to use it elsewhere in the Borough and more importantly the removal of these sites which attract frequent fly-tipping will make a substantial improvement to the character and environment of the affected areas.

2.10 The Recycling Officer is currently spending up to 10% of their time on the general upkeep, maintaining communications, organizing new banks and the reporting of Bring Site data. This is a huge amount of time which could be spent on raising the overall recycling percentage in the Borough which will have future financial implications. This time could better be spent liaising with resident associations and ensuring that all flats have access to a kerbside recycling collection which is less expensive to run and eliminates problems such as fly-tipping and pest infestations. The 117.25 tonnes of material collected in 2015/16 from paper and glass banks is a tiny amount compared to the 7000 tonnes collected kerbside in the same period. If the 10% of time was spent on improving and expanding the kerbside recycling collection we would see a much larger increase in recycling tonnage.

2.11 The Council’s Environmental Health section is also spending large amounts of time dealing with fly-tipping and rodent infestations around Bring Sites.

2.12 Some residents use the Bring Sites for excess recycling. One of Runnymede’s waste policies is that excess recycling side waste (not general waste) is collected if put out next to a resident’s recycling bin on the correct collection day. If the Banks were to be removed Officers would communicate this to all residents on the RBC website and through other means. A reduction in the number of trips by residents to and from the Bring Sites whilst, possibly small in number, will nevertheless contribute to the Council’s Air Quality Strategy of reducing the number of vehicle movements throughout the Borough.

2.13 There is also evidence that some traders are misusing the Bring Sites to dispose of their trade waste such as cardboard. With the removal of Bring Banks there is a

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potential to supply trade contracts with these traders and otherwise reduce misuse of these facilities.

3. Policy framework implications

3.1 By focussing resources on continuing to enhance kerbside recycling and removing the adverse visual and environmental implications of the Bring Sites, the proposed closures will utilise Organisational Development to support our Corporate “theme of enhancing our environment.” The continuous support for kerbside recycling will also support the policies of the Joint Waste Management Strategy.

4. Resource implications

4.1 The time resource made available for the Council’s Recycling Officer arising from the closure of these sites, would be directed towards rolling-out more recycling to flatted areas. A leaflet is being created at the moment to support this work and Surrey Waste Partnership (SWP) are also creating a dedicated team to help support improving recycling within flatted developments without additional costs to the Council.

4.2 The potential reduction in fly-tipping and street cleansing demand at the Bring Sites will also provide more time resources for the street cleansing teams that can be applied elsewhere in the borough.

4.3 The closure of the Bring Sites would also result in a direct saving to the Council of over £4,000 per annum by the cessation of collection contracts that operate in deficit. It would also remove an unnecessary duplication of service provision to residents resulting in overall improvements of efficiency within the Direct Services Organisation.

5. Legal Implications

5.1 Under section 45A of the Environmental Protection Act 1990, waste collection authorities must make arrangements for the separate collection of at least two types of recyclable waste, unless it would be unreasonably costly to do so.

5.2 From 1 January 2015, the Waste (England and Wales) Regulations 2011, implementing the EU Waste Framework Directive requires every waste collection authority, when making arrangements for the collection of waste paper, metal, plastic or glass, ensure that those arrangements are by way of separate collection.

5.3 Local Authorities are not Statutorily required to provide ‘Bring Sites’, which are a discretionary service and can be discontinued.

6. Equality implications

6.1 The yearly tonnage from the banks is so small that it shows that they are not being used by many residents. The Recycling Officer will be focusing on rolling-out recycling bins to more flats in the Borough in 2016 and 2017. The largest flats will be given recycling first and then the rest will be rolled-out. As mentioned previously in this report, SWP are also carrying out bespoke work on flats to increase better recycling behaviour from these properties.

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7. Conclusions

7.1 Officers recommend that all the Bring Sites are removed due to the substantial increase in costs. Runnymede’s successful kerbside collections, such as co- mingled recycling and the small electrical and textile collections, reduce the need for Bring Sites.

7.2 The Officer time spent previously in dealing with Bring Banks will be spent ensuring that all flats have a co-mingled recycling collection and that all residents know about the small electrical and textile collection service.

List of Bring Sites in Runnymede

Site Name Town Wagon & Horses Addlestone Chertsey Cricket Club Chertsey Hare Hill Social Club Surrey

ROAB Club Addlestone

Egham Social Club Egham

Addlestone Leisure Centre Addlestone Egham Leisure Centre Surrey United Services Club Egham St Peters Hospital Chertsey Penton Park Mobile Homes Chertsey Surrey Towers Addlestone Ottershaw Club Ottershaw

Abbey Rangers FC Addlestone Moor

Chertsey Club Chertsey

Royal Holloway Collage Englefield Green Golf Club - Addlestone Addlestone Camping & Caravan Addlestone Bridge Wharf Chertsey Hazelbank Court Chertsey Thorpe Park Chertsey Egham United Services Egham

Broadway New Haw New Haw

Tesco - Addlestone Addlestone

Somerfield - Egham Egham Tesco – Egham (Hummer Road) Egham Sainsbury - Chertsey Chertsey Victoria Pub New Haw Murray Road Ottershaw New Haw Club New Haw Wentworth Golf Club Virginia Water

Sainsburys Staines Staines

Bourne CP (Closed week ending 17/06/16) Virginia Water

Heriot Road CP Chertsey

(To resolve)

Background papers

None

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7. ENVIRONMENTAL PROTECTION ACT 1990 ENFORCEMENT OF PART II-WASTE ON LAND (ENVIRONMENTAL SERVICES)

Synopsis of report: The purpose of this report is to inform Members of recent amendments to Part II of the Environmental Protection Act 1990 (the Act) in relation to the use of Fixed Penalty Notices (FPN) under sections 33ZA (fly tipping) and 46A (receptacles for household waste) of the Act. The Council being a Waste Collection Authority (WCA) under the Act has been given additional powers to deal with the section 33(1)(a) offence of fly tipping via the issue of a FPN. Whilst, the ability of the Council to prosecute persons who fail to comply with the requirements of a section 46 notice have been removed and replaced with a system of written warnings and FPN’s.

Further, the report clarifies and seeks Officer delegation for the purposes of enforcing the relevant provisions of Part II of the Act in relation to waste on land matters. In addition, Members are asked to specify the amount of penalty charges payable in respect of FPN served under this part of the legislation.

Recommendation(s): (i) The CHPES and the EH&L Manager be authorised to serve all relevant notices under Part II of the Act in particular any notice which the Authority may serve under sections 33, 34, 46, 47 and 59 or any subsection thereunder.

(ii) The CHPES and the EH&L Manager be authorised to authorise employees of Runnymede Borough Council (RBC) and other persons who, in pursuance of arrangements made by the Authority, has the function of giving such notices, as “Authorised Officers” for the purposes of giving written warnings and requiring the payment of fixed penalties under Part II of Act and associated Regulations.

(iii) Members note the prescribed penalty charges and endorse the specified penalty charges or reduced charges for early repayment of FPN’s under the following sections of the Act;

• Section 33ZA either £150 and £400 on a case by case basis, with a reduced charge of £120 or £320 respectively. • Sections 34 and 34A prescribed £300 with a reduced charge of £240 • Section 46A £80, no reduced charge applied • Section 47ZB prescribed £100 with a reduced charge of £80

(iv) Members endorse a lead-in period of three months be provided from the date of decision by the Committee to allow communication of the extended provisions to be made to residents of the Borough and members of the public before implementing the section 46A provisions.

1. Context of report

1.1 The purpose of this report is to inform Members of recent amendments to Part II of the Environmental Protection Act 1990 (the Act) in relation to the use of FPNs under sections 33ZA) (fly tipping) and 46A (receptacles for household waste) of the Act. The Council being a WCA under the Act has been given additional powers to deal with the section 33(1)(a) offence of fly tipping via the issue of a FPN. Whilst, the ability of the Council to prosecute persons who fail to comply with the requirements of a section 46 notice have been removed and replaced with a system of written warnings and FPN’s.

1.2 In addition the report clarifies and seeks further Officer delegation for the purposes of enforcing the relevant provisions of Part II of the Act and requests Members to 10

specify of the amount of penalty charges payable in respect of any FPN served under this part of the legislation.

2. Report

2.1 Part II of the Act deals with issues surrounding the deposit, treatment and disposal of waste on land. It sets out amongst other things a number of duties for waste disposal and waste collection authorities, and for persons who produce, store, treat, process, transport or deal in waste etc. It also details a number of offences and defences where a breach-of-duty occurs and provides enforcement powers to the Local Authority in the form of notices, penalty charges, search and seizures, works in de-fault and prosecution.

2.2 Given the breadth of the subject matter covered under Part II of the Act it is not surprising that there has been numerous amendments and changes (minor and major running into the hundreds) to the detailed provisions of the Act since 1990. The two latest amendments inserting sections 33ZA and 46A and, therefore, it is appropriate that officer delegations in respect of enforcement powers for these matters be clarified and updated.

2.3 Flytipping

Section 33 of the Act dealing with unauthorised deposits of waste (fly tipping) was amended by the insertion of section 33ZA under the Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 which came in to force in England on 9 May 2016. The new provision reflects measures already in place in Scotland and provides the Council with the discretional power to issue a FPN for fly tipping offences, offering the alleged offender the opportunity of discharging any liability to conviction for the offence to which it relates. The Council may still decide to instigate a prosecution in cases where it is appropriate to do so rather than follow the FPN provisions.

2.4 The amount of penalty charge that can be specified by the Council under the 2016 Regulations is not less than £150 and not more than £400. If no amount is specified by the authority the amount is set at £200. The Council may also make provision for treating a FPN as having been paid if a lesser amount of not less than £120 is paid before the end of a period of 10 days following the date of service of the notice.

2.5 Given the average costs to the Council of dealing with even small incidents of fly tipping (costs of collection and administration) are in the region of £200 and can be significantly larger in bigger cases, Officers would recommend that the Council specify a charge of £150 and £400 on a case-by-case basis and that a charge of not less than £120 or £320 (80%) of the actual charge specified on the FPN be applied for treating a PFN as having been paid if that charge is paid before the end of a period of 10 days following the date of service of the notice.

2.6 Section 34 of the Act deals with Duty of Care issues placed on persons who import, produce, carries, keeps, treats or disposes of controlled waste including householders. It imposes duties in respect of documentation and paperwork required to be kept and produced by those persons and details the offences, defences and penalties etc. that are available to the Council in enforcing the provisions similar to those in section 33 mentioned earlier.

2.7 Again, as provided for in both sections 34 and 34A of the Act the Council may serve a FPN on a person who fails to comply with either a general duty or specific duty under these sections (e.g. to furnish documents that he is required to do so under section 34) or prosecute. In this case the FPN charge has been prescribed in the Act as £300 and where a person is given a FPN for this offence no proceedings may be instituted for that offence before the expiration of a period 14 days following the 11

date of that notice. The Council may also make provision for treating a FPN as having been paid if a lesser amount is paid before the end of a period specified by the Council. Unlike the section 33 provisions there is no lesser amount or period specified in the legislation for treating the FPN as having been paid and, therefore, Officers would recommend that a charge of £240 pounds (80% of the prescribed charge) be applied for this purpose if paid within a period of 14 days following the date of service of the notice.

2.8 Section 59 of the Act empowers the Council to serve a notice to require the removal of waste unlawfully deposited in or on any land in its area in contravention of section 33(1) of the Act or regulation 12 of the Environmental Permitting Regulations e.g. waste deposited without a permit being in place, or in contravention of the requirements of such a permit. The enforcement provisions being the ability to remove the waste and recover expenses reasonably incurred and/or prosecute for non compliance with the requirements of the notice. There are no FPN provisions under this section.

2.9 Domestic Waste

Section 46 of the Act gives the Council (as a WCA) powers, to serve a notice served on the occupier of any premises, specifying the arrangements for collection of household waste, including amongst other things the size and construction of waste receptacles, the substances or articles which may or may not be put in them, and where those receptacles are to be placed for collection (Section 45(1) of the Act imposes a general duty on a WCA such as RBC to arrange for the collection of household waste in their areas).

2.10 Enforcement powers available to the Council in respect of non compliance with the requirements of a notice served under section 46 of the Act are restricted under section 46A to the service of written warning and FPN’s. The procedures that must be followed under section 46A are both lengthy and very detailed and are laid out in section 58 of the Deregulation Act 2015 http://www.legislation.gov.uk/ukpga/2015/20/section/58/enacted.

2.11 The amount of penalty charge capable of being specified by the Council in respect of the section 46A provisions are detailed in the Household Waste (Fixed Penalty and Penalty Charge) Regulations 2015 and is not less than £60 and not more than £80. The Regulations allow for a lesser amount to be paid before the end of a period specified by the Authority, such lesser amount being not less than £40. Given the service of a FPN is a last resort and the lengthy procedure the Council will have to have gone through to reach the stage of issuing a FPN officers recommend that the maximum charge of £80 be applied.

2.12 Section 47 of the Act contains provisions covering the service of notices by the Council on occupiers of premises in relation to the storage of commercial or industrial waste. A notice served under this section can require similar measures in relation section 46 notices with regard to the size and construction of waste receptacles, the substances or articles which may or may not be put in them, and where those receptacles are to be placed for collection. Enforcement powers available to the Council in respect of offences or non compliance with the requirements of a notice served under section 47 include the service of FPN’s and instigation of prosecutions.

2.13 The amount of penalty charge that can be specified by the Council under section 47ZB can be fixed or, if no amount is specified, is £100. Where a person is given a notice for an offence under section 47 no proceedings may be instituted for that offence before the expiration of a period 14 days following the date of that notice. The Council may also make provision for treating a FPN as having been paid if a lesser amount is paid before the end of a period specified by the Council. Unlike the 12

section 46A provisions there is no lesser amount or period specified in the legislation for treating the FPN as having been paid and therefore officers would recommend that no amount be specified leaving the FPN charge at £100 and that a lesser amount of £80 (80% of the charge) be applied for the purpose of treating the fixed penalty as having been paid if paid within a period of 14 days following the date of service of the notice.

3. Summary

3.1 In summary, enforcement notices requiring persons, householders, business or occupiers of land can be served under sections 33, 34, 34A, 46, 47 and 59 of Part II of the Act. The Act allows for FPN’s to be served under sections 33ZA, 34, 34A, 46A and 47ZA Where FPN’s are served unless prescribed in the legislation officers recommend the following charges apply;

• FPN under section 33ZA charge specified by Council £150 and £400 on a case by case basis. If paid within 10 days of notice being given charge applied by Council not less than £120 or £320 (80% of actual charge). • FPN under sections 34 and 34A charge prescribed in legislation of £300. If paid with 14 days of notice being given charge applied by Council not less than £240 (80% of actual charge). • FPN under section 46A charge specified by Council £80. No reduced payment applied. • FPN under section 47ZA charge prescribed in regulation £100 if paid with 14 days of notice being given charge applied by Council not less than £80. (80% of actual charge)

4. Impact of the section 46A provisions on current RBC household waste collection policy and practice

4.1 RBC, via The Surrey Waste Partnership’s, Joint Waste Strategy (JWS) as approved by the Committee in June last year, is committed to reducing the amount of waste and increasing recycling and this Strategy requires all WCA’s to enforce polices for no-side waste and closed lids on residual bins. Should the need arise for formal action in this area then RBC can only take such action via the FPN route subject to a section 46 (receptacles for household waste) notice having been served beforehand.

4.2 The Councils current policy and practice in relation to enforcing waste collection matters including the contents of wheelie bins and dealing with side waste is that on purchase or delivery of a wheelie bin residents are advised of the Council’s waste collection rules by way of a leaflet attached as Appendix A, residents are then expected to follow that guidance “the Council policy”. If subsequently at the time of collection the contents of a refuse or recycling bin or the presentation of such a bin (e.g. the lid not being closed) is found not to be in compliance with the requirements of the guidance leaflet the resident is advised by way of a sticker that the bin had not been emptied for whatever the particular reason indicated on the sticker attached as Appendix B and the bin is not emptied and left.

4.3 In the majority of cases this informal approach has resulted in the desired change of behaviour by the occupant and the prevailing waste issues have been dealt with. Where problems have persisted the RBC approach then appears to have evolved in to one of simply not collecting the bins.

4.4 In a report to the then Leisure and Environment Committee in January 2006, that Committee resolved to extend the enforcement policy for refuse collection to include prohibitions on what could be placed in wheelie bins and only waste contained in the wheeled bin with a closed lid would be collected and no side waste. The report contained reference to the requirement of a formal notification to residents of the no 13

side waste stance via the section 46 notice route however, there is no evidence that this was ever undertaken and it is debatable whether the Council’s current approach of simply not emptying the bins is a breach of its section 45 duty. Hence, there is a need to clarify and update the policies and working procedures in this area

4.5 Although there is no set format for a section 46 notice provided it sets out the Council’s requirements, it is sufficient for the notice to be put through the letter box of the residential property addressed to ‘the Occupier’. Advice from the Council’s legal department indicates that the notice should detail the legislation under which the notice is served, make reference to the consequences of non-compliance and include any appeals procedures applicable. Neither the current bin leaflet or the stickers fulfil those requirements. It is therefore recommended that where it is deemed appropriate to do so for RBC to serve section 46 notices to change the legal relationship between the Council and the producers of household waste i.e. the occupant.

4.6 In the absence of an effective formal section 46 regime the Council is deprived of the right to require that ordinary household waste put out for collection should be put in the receptacles provided, before it is obliged to take it away free of charge. Further absence of formal notice being given to the occupier of the Council’s requirements could be sited as a defence in any proceedings for side waste problems or in appropriate use or misuse of refuse or recycling bin issues.

4.7 Further, it is not clear from the present procedures or JWS documents what if any considerations have or are to be given to the enforcement options for non- compliance other than not emptying the bin. Whilst not collecting the bin is allowed for via subsection 11 of section 46 of the Act i.e. where household waste is placed out for collection in contravention of a requirement under section 46 until such time as a section 46 notice is served, the Council remains under the general duty imposed by section 45 for the waste, including side waste, to be collected. (Leeds City Council v Gordon Hoyland Spencer (1999) DC).

4.8 The issues surrounding side waste and the general duty to collect in the absence of a formal section 46 notice was addressed by Defra in its letter to all WCA’s on 26 August 2005. Section 76 of the Climate Change Act 2008 re-enforced this message making it clear that a WCA is not obliged to collect household waste that is placed for collection in contravention of a requirement under section 46 of the Act.

4.9 It is clear that whether RBC utilises the new section 46A FPN provisions or retains its current informal but widely implemented and accepted practice of not emptying bins if they are found to be over filled or their contents contaminated, and not collecting side waste leaves the Council open to future challenge and therefore it may be appropriate that the Council looks to formalising the section 46 regime and implement the 46A provisions along side its non collection policy.

5. Use of the section 46A FPN

5.1 There are two distinct aspects to the Council’s waste collection service firstly, those related to the supply, size, construction etc., of waste receptacle’s, presentation matters e.g. when and where they are put out for collection and side waste issues. Secondly, those related to the actual use of contents of the receptacles e.g. what can and cannot be put in to what type of bin etc. Both aspects in theory can be regulated for via the section 46.

5.2 The Deregulation Act 2015 in decriminalising the offence of non-compliance with a section 46 notice also inserted a couple of additional factors which have to be satisfied before the non-compliance may be pursued namely; an “authorised officer” of the WCA will have to be satisfied that;

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(a) A person has failed without reasonable excuse to comply with a requirement imposed by the authority under section 46(1), (3)(c) or (d) or (4) (a “section 46 requirement”) and (b) The person’s failure to comply-

(i) Has caused, or is likely to cause, a nuisance, or (ii) Has been, or is or was likely to be, detrimental to any amenities of the locality.

5.3 The above inserted provisions have altered or possibly removed the power of the WCA to enforce some of the prescribed collection arrangements that may have been included on a section 46 notice in respect of the contents of bins e.g. to take enforcement action by way of FPN’s for using the wrong bin or putting contaminated waste inside the bin. The WCA would now have to be satisfied that the failure caused or was likely to cause nuisance or be detrimental to any amenities of the locality which on the face appears would be very difficult to do.

5.4 With regard to enforcement of side waste, overfilling of bins (closed lid policy), placing bins out for collection, siting of bins, size and construction issues where a notice has been served and non-compliance ensues, Officers are confident that establishing a nuisance or that the issue is detrimental to the amenities of the locality is likely to be a matter of fact on a case by case basis e.g. bins left out in the road, or obstructing the pavement are likely to be a nuisance, bags of side waste or over flowing bins likewise are likely to be a nuisance or detrimental to the locality. In these cases it would be open to the Council in the case of non-compliance of a section 46 notice to decide on the best course of action either non collection or follow the FPN route or both.

5.5 The policy objective of serving section 46 notices and where appropriate written warning and FPN for non-compliance is aimed at changing the behaviour of those occupants of domestic properties who persistently fail to present their waste in the manner expected. It is to be seen as the last resort to the overall policy of education and persuasion. Nevertheless, the Council should be in a position to take the proper action available to it when needed and it is essential that such mechanisms are in place to allow those actions to be taken.

5.6 The correct use of the section 46 provisions should allow the Council to both deal with the minority of residents where waste issues are/or may become a problem and meet its enforcement obligations under the Surrey Waste Partnership. The authority could or may wish to deal with side waste issues under other areas of legislation, fly- tipping, litter or duty of care offences, each of these provisions ultimately carry greater penalties and criminal sanctions and could, therefore, be seen to be at loggerheads with the intention of the decriminalization of domestic waste issues and therefore not readily suitable to use in the majority of domestic situations.

5.7 With the introduction of written warnings and the use of FPN’s in the area of domestic waste being a new provision it is recommended that there is a lead-in period of three months provided from the date of the Committee decision to allow communication of the extended provisions to be made to members of the public and residents of the Borough before implementing the section 46 provisions. Officers would also expand the existing EH&L and operational procedures or formulate new ones as required to regulate the administration processes and affect compliance with the Council’s enforcement policies.

6. Policy framework implications

6.1 Serving of formal notices and the issue of FPNs are two of many enforcement mechanisms that are utilised within the RBC, EH&L Enforcement Policy, which encompasses the areas of waste and environmental crime. Effective enforcement of 15

the policy helps make RBC a cleaner, greener and safer environment in which to live, work and play. The Enforcement Policy is used to help to ensure that resources are focused on priority areas and problems and that an appropriate balance is struck between the use of FPNs and other existing enforcement tools.

6.2 The Council is committed to ensuring that the law is enforced in a proportionate, transparent, accountable and consistent manner. The Policy also endeavours to focus where possible on prevention rather than cure, to educate and assist persons to meet their legal obligations without unnecessary expense and to take firm and proportionate enforcement action against those who fail to follow advice provided or where they flaunt the law or act irresponsibly. Where the option of dealing with the matter allows for a FPN due consideration to the use of this option will be given.

6.3 Fixed penalties can provide the Authority with an effective and visible way of responding to low-level waste and environmental crimes and Central Government wishes to encourage Local Authorities and other agencies to use them as an alternative solution to issuing court proceedings. Experience has shown that the public generally accept the use of fixed penalties, provided that they are issued sensibly, enforced even-handedly and are seen as a response to genuine problems and not purely as a revenue generator for the Local Authority.

7. Resource implications

7.1 Only Officers authorised in writing by the WCA (i.e. an employee of RBC, a person under arrangements made by the authority for this function or an employee of such a person) can issue written warnings and require payment of a FPN under the legislation. All officers involved in the process should be appropriately trained but it is not envisaged that there will be any significant impact on Officer time in relation to serving formal notices, written warnings and FPN with the lead for any enforcement actions in this area being taken by Officers of the Environmental Health and Licensing Section.

7.2 The Council’s direct services operators (DSO’s) will continue to issue letters and stickers together with literature to householders providing the relevant information on what can and cannot be placed in wheelie bins and recycled etc. albeit the present stickers will need to be amended to provide the householder with more information on the potential consequences of not following the Council’s requirements for the presentation and collection of domestic waste. The Council’s Environmental Health Enforcement Policy will also be updated to encompass the new section 46A provisions.

7.3 There will be some financial costs to be determined associated with designing and printing costs for any notices, leaflets and bin stickers and publicity required arising from this report.

8. Use of Fixed Penalty receipts

8.1 The various Acts under which fixed penalties are levied direct the Authority to use fixed penalty receipts only to help meet the cost of certain specified functions. However, where a Local Authority was at the time of the legislation coming in to place categorised as ‘excellent’ or ‘good’ under the Comprehensive Performance Assessment (CPA), and was subsequently categorised accordingly by Order made by the Secretary of State, the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2006, or the Environmental Offences (Use of Fixed Penalty Receipts) Regulations 2007 allow that Authority to spend the penalty receipts on any of its functions. RBC was categorised as “excellent” under the CPA in 2003 and therefore can spend the penalty receipts on any of its functions (CPA was replaced by the Comprehensive Area Assessment in April 2009).

16

8.2 A fixed penalty under section 46A of the Act is recoverable as a civil debt or is recoverable as if it were payable under an order of the High Court or the County Court, if the court so orders.

9. Equality Implications

9.1 There are no identified individuals, groups or communities other than the general householder which may be impacted by the use of the section 46 provisions therefore at this stage there are no Equality Implications arising from this report.

10. Conclusions

10.1 The Corporate Head of Planning and Environmental Services and the Environmental Health and Licensing Manager be authorised to serve all relevant notices under Part II of the Act in particular any notice which the Authority may serve under sections 33, 34, 46, 47 and 59 or any subsection thereunder.

10.2 The Corporate Head of Planning and Environmental Services and the Environmental Health and Licensing Manager be authorised to authorise employees of Runnymede Borough Council (RBC) and other persons who, in pursuance of arrangements made by the Authority, has the function of giving such notices, as “authorised officers” for the purposes of giving written warnings and requiring the payment of fixed penalties under Part II of Act and associated regulations.

10.3 Members note the prescribed penalty charges and endorse the specified penalty charges or reduced charges for early repayment of FPN’s under the following sections of the Act;

• Section 33ZA either £150 and £400 on a case by case basis with a reduced charge of £120 or £320. • Sections 34 and 34A prescribed £300 with a reduced charge of £240 • Section 46A £80, no reduced charge applied • Section 47ZB prescribed £100 with a reduced charge of £80

10.4 In line with the decriminalisation of domestic waste legislation the Council look to use the formal section 46 provisions of the Act to both deal with the minority of residents where waste issues are/or may become a problem and meet its enforcement obligations under the Surrey Waste Partnership.

10.5 A lead-in period of three months be provided from the date of the Committee decision to allow communication of the extended provisions to be made to members of the public and residents of the Borough before implementing the section 46A provisions.

(To resolve)

Background papers

The Environmental Protection Act 1990 The Deregulation Act 2015 The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2006 The Environmental Offences (Use of Fixed Penalty Receipts) Regulations 2007 Household Waste (Fixed Penalty and Penalty Charge) Regulations 2015 The Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 The Environmental Health Enforcement Policy (Current edition April 2015) 17

Leisure and Environment Committee reports September 2005 and 19 January 2006 Environment and Sustainability Committee 23 March 2016 The Surrey Waste Partnership, Joint Waste Strategy (JWS) Leeds City Council v Gordon Hoyland Spencer (1999) DC

8. SMOKE-FREE LEGISLATION (ENVIRONMENTAL SERVICES)

Synopsis of report: To inform the Committee of the extended provisions of the smoke-free legislation in order to protect children from the harms of second-hand smoke in private vehicles.

The report also requests Members to approve the discontinuance of the Smoke- free Enforcement Protocol and the updating of the current delegated authorities under the Health Act 2006 and the smoke-free regulations.

Recommendation(s): (i) Members note the extended provisions of the smoke-free legislation and their application to private vehicles and approve the discontinuance of the Smoke free Enforcement Protocol.

(ii) Members endorse the re wording of the current delegated authority under the Heath Act 2006 provisions authorising the Corporate Head of Planning and Environmental Services (CHPES) and the Environmental Health and Licensing Manager (EH&LM). To authorise any person to act for the purpose of enforcing the smoke-free regulations in Runnymede.

1. Context of report

1.1 The Smoke-free (Private Vehicles) Regulations 2015 and the Smoke-free (Vehicle Operators and Penalty Notices) (Amendment) Regulations 2105 which came in to force on 1 October 2015 extend the existing smoke-free legislation by setting out the circumstances when private vehicles are smoke-free and go on to: allow the use of fixed penalty notices (FPNs) for offences in smoke-free private vehicles, designate the Police as an enforcement authority for these measures, and set a Statutory review of the Regulations within 5 years of their coming into force, in order to protect children from the harms of second hand smoke in private vehicles.

1.2 Second-hand smoke is a serious health hazard, and there is no safe level of exposure. Every time someone breathes in second-hand smoke, they breathe in over 4,000 chemicals. Many are highly toxic. more than 50 are known to cause cancer. Second-hand smoke is a real and substantial threat to child health, causing a variety of adverse health effects including increased susceptibility to lower respiratory tract infections such as pneumonia and bronchitis, worsening of asthma, middle-ear disease, decreased lung function and sudden infant death syndrome.

1.3 Research shows that children are more vulnerable to second-hand smoke exposure in vehicles as they breathe more rapidly and inhale more pollutants than adults. Scientific evidence also shows that ventilation does not eliminate the risks to health of second-hand smoke in enclosed places. The only way to provide effective protection is to prevent people breathing in second-hand smoke in the first place. In 18

2007, smoke-free legislation was introduced in England and Wales to protect employees and the public from the harmful effects of second-hand smoke in public and work premises and vehicles.

2. Report

2.1 The Smoke-free (Private Vehicles) Regulations 2015 and the Smoke-free (Vehicle Operators and Penalty Notices) (Amendment) Regulations 2105 which came in to force on 1 October 2015 extend the existing smoke-free legislation by setting out the circumstances when private vehicles are smoke-free and go on to allow the use of FPNs for offences in smoke-free private vehicles.

2.2 The aims of these Regulations are to:

• Protect children from the health harms associated with exposure to second- hand smoke in private vehicles; • Encourage action by smokers to protect children from second hand smoke; and • In time, lead to a reduction in health conditions in children caused by exposure to second-hand smoke.

2.3 These Regulations made under Chapter 1 of Part 1 of the Health Act 2006, contain provisions to require private vehicles in England to be smoke-free when children are present. They provide for private vehicles to be smoke-free when they are enclosed, there is more than one person in the vehicle and a person under the age of 18 is present in the vehicle. Caravans and motor caravans are excluded when they are being used as living accommodation.

2.4 There is no duty to display no-smoking signs in vehicles that are smoke-free by virtue of these Regulations.

2.5 A penalty notice may be given where there is reason to believe that a person has committed an offence of failing to prevent smoking in a vehicle that is smoke-free by virtue of these Regulations.

2.6 The amount of the penalty for a penalty notice given in respect of an offence of failing to prevent smoking in a vehicle that is smoke-free by virtue of these Regulations is prescribed at £50 if paid in 29 days of the notice being issued or £30 in paid within 15 days.

2.7 The Regulations also provide for Chief Officers of Police, in addition to the Local Authority to be enforcement authorities for vehicles that are smoke-free by virtue of these Regulations.

3. Policy framework implications

3.1 The Council adopted a Smoke-Free Enforcement Protocol in 2007 (Appendix C), and delegated authority to issue FPN’s under that protocol in respect of the Health Act 2006 and smoke free legislation rests with the Corporate Head of Planning and Environmental Services (CHPES) and the Environmental Health and Licensing Manager EH&LM. The original protocol was drafted and implemented to deal with the initial impact of the smoke-free legislation in 2006/07.

3.2 In practice, the protocol mirrors the enforcement considerations and procedures operating under the current Environmental Health Enforcement Policy 2015 and the general provisions in respect of issuing FPN’s are adequately covered by policy (including those under the Heath Act 2006 under which all the smoke-free legislation 19

is made). The principles of not smoking in work places and work vehicles is now well established and accepted by the wider public and therefore the need for a separate enforcement protocol in this area is redundant and should be discontinued.

3.3 Officers recommend that the present Officer delegation shown at page 54 of the current Constitution (2016) and which refers to the Smoke-free Enforcement Protocol be removed and replaced by the following; ‘Enforcement of Smoke-free Legislation. Authorisation of any such persons as deemed necessary to enforce the smoke-free provisions of the Health Act 2006 and any regulations made there under. CHPES/EH&LM’

4. Resource implications

4.1 Apart from some changes to the FPN templates required by the legislation it is not envisaged that the latest smoke-free provisions will have a significant impact on resources. Environmental Health and Licensing staff will continue to lead on enforcement of the smoke-free legislation.

4.2 In all of the 25 cases since 2007, where a FPN has been offered to offenders by EH&L, the penalty charge or the reduced charge has been paid. The impact on resources being positive in that Officer time in court case preparation and attendance at trial is minimised or curtailed. Although, where a suspected offender is offered or refuses to pay a FPN charge the authority would be expected to prosecute in line with the EH&L enforcement policy.

5. Equality Implications

5.1 The Regulations do not discriminate against any individual or particular group of drivers in Runnymede under protected characteristics as the requirements for smoke-free private vehicles applies equally to all drivers regardless of any specific characteristics. There are no Equality Implications arising from this report.

6. Legal Implications

6.1 The law is stated in the body of the report.

7 Conclusions

7.1 Members note the extended provisions of the smoke-free legislation and their application to private vehicles, and approve the discontinuance of the Smoke-free Enforcement Protocol and endorse that the present Officer delegation shown at page 54 of the current Constitution and which refers to the Smoke-free Enforcement Protocol be removed and replaced with the wording shown above.

(To resolve)

Background papers The Health Act 2006 The Smoke-free (Private Vehicles) Regulations 2015 The Smoke-free (Vehicle Operators and Penalty Notices) (Amendment) Regulations 2015 The Environmental Health Enforcement Policy (Current edition April 2015)

9. FOOD SERVICE PLAN 2016/17 (ENVIRONMENTAL SERVICES)

Synopsis of report: The purpose of this report is to seek Members approval of the proposed Food Service Plan for 2016/17 20

Recommendation(s): The Food Service Plan for 2016/17 as attached at Appendix D be approved.

1. Context of report

1.1 The Food Standards Agency (FSA) has produced a framework agreement on Local Authority food law enforcement. One part of that agreement contains service planning guidance. This ensures that key areas of enforcement covered by the Food Law Enforcement Standard are included within local Food Service Plans, whilst allowing scope for flexibility and the inclusion of any locally defined objectives. The requirement to produce a local Food Service Plan came into effect on 1 April 2001.

1.2 The Food Standards Agency requires a Local Authority's proposed service plans to be submitted to the relevant Member forum (which is this Committee) for approval to ensure local transparency and accountability.

2. Report

2.1 The proposed Plan for 2016/17, attached at Appendix 'D', will satisfy the requirements of the Food Standards Agency. Members are asked to approve the proposals contained within the plan

3. Policy framework implications

3.1 The Food Service Plan is a key driver in achieving a Health and Vibrant Community, which is one of the Council’s four priorities in the Sustainable Community Strategy.

3.2 Implementation of National Food Hygiene Rating Scheme (FHRS) is a key performance indicator for the food service within the Environmental Service Business Centre Plan.

4. Legal implications

4.1 The production of a local food service plan is a matter of following Agency Guidance Best Practice, rather than Statutory compliance. Service plans developed under the Framework Agreement provide the basis on which Local Authorities are monitored and audited by the Agency under The Food Standards Act 1999 and Official Feed and Food Controls Regulations.

4.2 The Council has a Statutory duty to enforce legislation relating to food. The Food Standards Agency Food Law Code of Practice (England) April 2015 details the minimum training and qualification requirements for Officers authorised by Food Authorities to undertake food enforcement work. Food Authorities that do not have regard to relevant provisions of this Code may find their decisions or actions successfully challenged, and evidence gathered during a criminal investigation being ruled inadmissible by a court.

5. Equality implications

None

(To recommend)

Background papers

Food Safety Act 1990 FSA Food Law Code of Practice (England) April 2015 21

10. CORPORATE KEY PERFORMANCE INDICATORS AND CORPORATE PROJECTS (ENVIRONMENTAL SERVICES)

Synopsis of report: Report of the key performance indicators, as described in the Environmental Services Business Centre Business Plan (Q4 2015/16)

Recommendation(s): None – For information

1. As part of the new Performance Management Framework, quarterly performance reports are made to Corporate Management Committee on:-

• Financial Performance • Corporate Performance • Corporate Projects Performance

2. The latest report (Q3 2015/2016) on KPI and Corporate Projects performance was submitted to this committee in March 2016. This report repeats those key performance indicators, which apply to this Committee with other additional indicators, which feature in the Environmental Services Business Centre Plan.

Full year Performance Q4 Q4 Full year Target Comments Indicator Target Actual Actual

ES1: Residual The overall household waste per property household waste per 115 460 96 n/a has remained the same over this quarter household (kg) compared to the last quarter. ES2: Percentage of This represents a 0.5% increase in the household recycling rate compared to Q3. This waste sent for 47% 47% 43.5% n/a continues a trend of increasing recycling re-use, rates throughout 15/16. recycling and composting (%) ES3: Number of missed bin collection complaints The increase in missed complaints has been (includes 736 a result of an increase in new food waste refuse, 500 2000 2375 recycling and customers as well as the new service of food and textiles and small electricals. excludes trade and green waste) ES4: Number of street cleansing complaints

(overflowing 171 150 600 758 A slight increase from last quarter but with no litterbins, particular reason as an explanation. overflowing dog bins, and general litter/detritus 22 complaints) ES5: Number of parking Penalty The results for this indicator are provided for 2000 8000 1743 7296 Charge Notices monitoring purposes only. issued ES6: Percentage of Food establishments in the borough achieving level This matter is reported annually and has 94% 93% 3 or above remained consistently high ratings under the National Food Hygiene Rating Scheme (%) ES7: Carbon emissions from 3.5% reduction local authority This matter is reported annually – Further operations on actual TBC instructions are currently awaited from DECC (measured in for tonnes of 2014/15 CO2e)

Trade customers are slightly down from last ES8: Number of quarter due to businesses closing down with trade Refuse 540 570 512 512 Customer the exception of one customer who moved to another supplier.

Number of fly- tipping 100 400 149 528 This indicator is for information only incidents Income from car parking £118,550 £474,200 £157,891 £500,924 This indicator is for information only charges Five Complaints have been made Number of and formally investigated by the formal Parking Services team, One complaints 0 0 0 6 complaint regarding Site licencing. related to the No action has been identified as business centre necessary.

Number of decisions investigated by the Optimal Performance ombudsman 0 0 0 0 requiring a remedy by the Council

3.1 This item presents the opportunity for Members of the Committee to ask any questions relevant to the remit of the Committee. However, to ensure that Officers are able to give a full response, Members are reminded that advance written notice of any questions must be given to the Chairman and relevant Corporate Head of Planning and Environmental Services, no less than 48 hours prior to the meeting.

3.2 Members are also asked to note that this report should be distinguished from committee specific reports and is a standard report submitted to all the Service Committees. The aim is to improve awareness of corporate performance and should be read in conjunction with this Committee’s Business Centre Plan.

23

4. Council Policy

4.1 The quarterly reporting of key performance indicators forms part of the Council’s Performance management Framework.

5. Resources Implications

5.1 Monitoring the KPIs requires extra Officer time, but there is no additional cost associated with their reporting.

(FOR INFORMATION)

Background Papers

None

11. APPOINTMENT OF REPRESENTATIVES (LAW AND GOVERNANCE)

Synopsis of report:

To consider appointing two Members (a Member and Deputy representative) of the Environment and Sustainability Committee to serve on the River Thames Alliance (RTA) for the next year.

Recommendations:

i) To consider whether RBC should renew its membership of the RTA, and, if so,

ii) to consider appointing two representatives to the RTA to support the views of Runnymede Borough Council on matters appertaining to the River Thames.

1 Context of report

1.1 The RTA was originally set up in June 2004 but reformed in 2013. It is a partnership of public and private sector organisations that help manage the non-tidal River Thames and which co-ordinates plans to rejuvenate the River Thames through the Thames Waterways Plan.

1.2 The Plan provides the framework through which the Alliance aims to achieve its vision for the River Thames.

2. Report

2.1 The Environment Agency supports the RTA but no longer acts as its secretariat. It is supported by the Management Group with representatives from inter alia, the Environment Agency, River Thames Society, Reading Borough Council, West Berkshire District Council, South Oxfordshire Council and Vale of White Horse District Council, Surrey County Council, British Marine Federation Thames Valley, Mid-Thames Riparian Landowners, Community Sports and the Thames User Group (navigation). 2.2 The River Thames Alliance also has the support of the Environment, Food and Rural Affairs (DEFRA). 24

2.3 Flooding and illegal mooring are amongst the current issues affecting Runnymede Borough Council involving the River Thames. The latter is becoming prominent following Richmond Borough Council's recently approved byelaw to prosecute owners of unlawfully moored boats on its land or managed land (this is now a criminal offence which could carry a substantial fine and/or prison sentence). Consequently, Officers of riparian Boroughs are anticipating that some boat owners ejected from downstream may well be inclined to moor unlawfully up-river.

2.4 The RTA may prove a useful sounding-board for the Council on such matters. The Officers' view is that these issues are current and the small cost of £500 is worth the investment for at least a further year.

2.5 The Committee last year, agreed (i) to renew membership for one further year and (ii) to decide in June 2016 whether to continue membership thereafter based on Councillor Knight’s recommendation. His report is attached as Appendix E.

3. Resource implications

3.1 The cost of annual membership is £500, for which budgeting provision has been made.

4. Conclusions

4.1 The next meeting of the Alliance is likely to be its AGM in early July. The retiring Member is Councillor D J Knight, who has represented RBC over the last year and Councillor Knight recommends continuing the membership for a further year. Financial provision has been made in Estimates for this subscription.

(To resolve)

Background papers

None

12. APPOINTMENT OF REPRESENTATIVES (LAW AND GOVERNANCE)

Synopsis of report:

To nominate two representatives in each case to serve on (i) the Surrey County Council Civil Parking Enforcement Task Group and (ii) the Surrey County Council Major Schemes (Egham) Task Group to serve until September 2017.

Recommendation:

To nominate two Councillor representatives to each Task Group, ideally from the current co-opted Members of the Surrey County Council Local Committee.

1. Report

1.1 The Civil Parking Enforcement Task Group has been in being, in some form, since 2010. The Surrey County Council Parking Team leads this Group. It is expected to meet once, in late 2016/early 2017 to consider requests for new parking restrictions in

25

the Borough and make recommendations to the Local Committee on 29 February 2016.

1.2 It provides information such as:

• On-street parking enforcement, reviewing existing restrictions and considering proposals for new ones. • Financial information including an overview of the income and expenditure on the on- street parking account (and any recommendations for the use of surplus income if relevant).

2. The Task Groups

Civil Parking Enforcement Task Group

2.1 The Terms of Reference for the Civil Parking Enforcement Task Group are as follows:

2.1.1 The Working Group will contain four appointees from the membership of the Local Committee; two County and two Borough Councilors.

2.1.2 The Working Group will advise and make recommendations to the Local Committee – it has no formal decision-making powers.

2.1.3 The Working Group will, unless otherwise agreed, meet in private.

2.1.4 The Working Group will keep a record of its actions.

2.1.5 The Working Group will make recommendations on any issues with regard to parking controls and civil parking enforcement.

2.1.6 Officers supporting a Working Group will give due consideration to the Group’s reasoning and recommendations prior to the Officer writing his/her report to the Local Committee.

2.1.7 The Working Group can, should they so wish, respond to an Officer report and submit their own report to the Local Committee.

2.2 In previous years, the practice has been to nominate the Chairman and Vice- Chairman of this Committee to serve on this SCC Task Group.

2.3 The SCC membership of the Task Group, last year, was County Councillors Mrs M Angell and Mrs Y P Lay. The Task Group is expected to meet in early 2017 in advance of the next Runnymede Parking review of on-street parking restrictions.

The Major Schemes Task Group.

2.4 Paul Fishwick Programme Manager, Transport Policy at SCC convenes this Group which will oversee and comment on the progress of the two Major Schemes at Egham, namely, (a) the Runnymede Roundabout and (b) the Egham Sustainable Package of cycling and bus improvements. It will meet this Autumn on a date as yet to be confirmed.

2.5 Its Terms of Reference are as follows:

2.5.1 The Local Committee will annually (at the first formal meeting of the Municipal year):

• Determine the role, appointees and lifespan of the Major Schemes (Egham) Task Group. • Review the operation of the Task Group over the previous year. 26

• Agree criteria for consideration by the Task Group and make those criteria available to all Members of the Committee.

2.5.2 The Task Group will advise the Local Committee on the progress of the Major Schemes in Egham during the year. It will achieve this by monitoring and reviewing the current draft Major Schemes programme for Egham which will be submitted to the Local Committee at an appropriate time during the new financial year.

2.5.3 Officers supporting this Task Group will consult that Group and will give due consideration to the Group’s reasoning and recommendations prior to the Officer writing his/her report to the Local Committee.

2.5.4 The Task Group will include two County Councillors and two Borough Councillors from the Local Committee.

2.5.5 The role of the Task Group is primarily strategic. Its principal purpose is to monitor and review the current programme, as dictated by the Department for Transport and Local Transport Board. Therefore, the Task Group members will act in the interests of the Borough as a whole rather than representing the interests of their divisions or Wards.

2.5.6 The Task Group will take into account the results of consultations in determining future programmes.

2.5.7 Recommendations to the Local Committee will be supported by a summary of the reasoning behind the Task Group’s position and reflect any professional advice from Officers.

2.5.8 The Task Group will meet one/two times in late Summer/Autumn 2016 to monitor the agreed programme for the delivery of the Runnymede Roundabout and Egham Sustainable Parking during the year (probably 4 weeks before a Local Committee) and actions from the meetings will be recorded and circulated.

2.6 The SCC membership of the Task Group, last year, was County Councillors Miss M Heath and Mrs Y P Lay.

2.7 SCC has subsequently advised that as long as one of the nominees to each Task Group is a Member of the Local Area Committee there is flexibility over the other nominees.

2.8 The Committee is invited to consider making four nominees, two nominees on each respective Task Group. Details regarding dates and venues of meetings are still awaited.

(To resolve)

Background papers

None

13. EXCLUSION OF PRESS AND PUBLIC

If the Committee is minded to discuss any of the foregoing reports in private it is the

OFFICERS' RECOMMENDATION that –

the press and public be excluded from the meeting during discussion of following reports under Section 100A(4) of the Local Government Act 1972 on 27

the grounds that the reports in question would be likely to involve disclosure of exempt information of the description specified in appropriate paragraphs of Schedule 12A of the Act.

(To resolve)

PART II

Matters involving Exempt or Confidential Information in respect of which reports have not been made available for public inspection a) Exempt Information Para

(No reports to be considered under this heading) b) Confidential Information

(No reports to be considered under this heading)

28

Environment and Sustainability Committee 29 JUNE 2016

APPENDICES

APPENDIX REPORT PAGE NO’S

A ENVIRONMENTAL PROTECTION ACT 1990: LEAFLET 1

B ENVIRONMENTAL PROTECTION ACT 1990: WHEELIE BIN NOTICE 2

C SMOKE-FREE ENFORCEMENT PROTOCOL FOR RUNNYMEDE 3 - 8

D FOOD SERVICE PLAN 2016/17 9 - 19

E RIVER THAMES ALLIANCE REPRESENTATIVE’S REPORT 20 - 21

1 APPENDIX 'A' APPENDIX APPENDIX 'B'

2 APPENDIX ‘C’

SMOKEFREE ENFORCEMENT PROTOCOL FOR RUNNYMEDE

Introduction

The Health Act 2006 introduced a requirement for premises, places and vehicles to be smokefree. These provisions took effect from 1st July 2007 and apply to enclosed and substantially enclosed premises, which are open to the public and to shared workplaces. The premises to which these requirements apply are defined by regulations made under the Act.

This protocol applies across Runnymede and recognises and accepts the LACORS Guidance for Local Council Regulatory Officers. This protocol aims to supplement the national guidance and assist individuals and organisations within the Borough to understand their responsibilities under this legislation and to ensure that Runnymede as a regulatory authority take a consistent approach in cases of non-compliance.

The Protocol

This protocol outlines the common approach to the enforcement of Smokefree legislation and lays down the principles which will be followed in deciding upon, and taking action. The protocol is available to businesses and consumers on the authorities’ web site and available in paper format on request.

Runnymede will take all reasonable steps to assist businesses and individuals to comply with the law. However the Council will be prepared to ensure compliance by exercising the formal powers available to them under the provisions of the Health Act 2006 and the Regulations made thereunder.

In exercising their powers, the Council will have regard to the authority’s existing enforcement policies and this protocol which is also based on enforcement concordat principles: standards, openness, helpfulness, proportionality and consistency.

Procedures

There will be a prompt response to flagrant breaches of the law, but where requirements allow it, a more measured and discriminating approach will be taken. It is, however, recognised that where the law is prescriptive in laying down precisely what needs to be done there will be limits to the discretion available to regulators.

Implementation

Implementation will be carried out by authorised officers who are trained and competent to carry out the functions contained within the legislation. Compliance with the legislative requirements will be achieved through a combination of reactive and proactive approaches. These approaches are outlined in detail below.

1 3 APPENDIX ‘C’

Successful implementation of the smokefree legislation will be measured by the number of premises that are meeting the requirements of the law and are smokefree and /or where smoking no longer takes place rather than by the number of enforcement actions taken by any individual authority.

Proactive Interventions

Advice and information – Where practicable, advice and information will be provided in a common format across the Borough.

Risk based inspections- The Council consider that the following priorities for risk based inspection are appropriate, based on health risk:

• Where it has previously been customary for people to assume they can smoke • Where the managers may not realise the law applies to them • Where the legislative proposals have been altered during the parliamentary process (eg in relation to private members clubs) • Where it is anticipated that the management of the premises may have difficulty in securing compliance • Which are open to significant numbers of people • Where there is an absence of pre-existing voluntary adopted controls on smoking • Where it is likely that the management will wish to make use of the exemption provisions for designated bedrooms and designated smoking rooms or • Where regulatory officers do not usually visit as part of their routine inspections under other legislation

Where contraventions of smokefree legislation are identified appropriate enforcement action will be taken. This is outlined below under the heading of “enforcement options”. Where a contravention is identified, in addition to taking enforcement action in accordance with this policy, the authorised officer will offer assistance to aid compliance in future. Primarily this will focus on directing the offender to the web based information and advice.

Reactive Interventions

Complaint investigation – The Council will respond to complaints about contraventions of smokefree legislation with a view to securing compliance with the legislation. Where contraventions of smokefree legislation are identified appropriate enforcement action will be taken. This is outlined below under the heading of “enforcement options”.

Offences

2 4 APPENDIX ‘C’

The Health Act 2006 and associated regulations create the following main offence types: • Failure to display no-smoking signage • Smoking in a smokefree place • Failure to prevent smoking in a smokefree place • Smoking in a private vehicle in England when children are present

Enforcement Options

In accordance with the Environmental Health and Licensing Enforcement Policy and Enforcement Concordat principles, a graduated approach to enforcement will be taken and the provision of advice and information (verbal or written) is regarded as the first stage of the enforcement process.

Where a formal approach is considered appropriate, The Council will use the following enforcement options available to them, using a graduated approach1:

Fixed Penalty Notices for the offences of: • Smoking in a smokefree place or vehicle • Smoking in a private vehicle in England when children are present • Failure to display no-smoking signage

Prosecution for the offences of: • Failure to prevent smoking in a smokefree place or vehicle • Smoking in a smokefree place or vehicle • Smoking in a private vehicle in England when children are present • Failure to display no-smoking signage • Intentional obstruction of an authorised officer of an enforcement authority • Failure to give an authorised officer of an enforcement authority any facilities, assistance or information reasonably required, including making false or misleading statements

Fixed Penalty Notice Procedures

The Fixed Penalty Notice will be in the form prescribed by the appropriate regulations. A person may request to be tried for the offence in Court instead of paying a fixed penalty.

For the offence of smoking in a smokefree place a fixed penalty of (£50) is prescribed by the regulations. If this penalty is paid, he will not be liable for

1 Please note that there will however be a “presumption to prosecute” in the circumstances outlined later in this policy and where there is a blatant disregard for the law

3 5 APPENDIX ‘C’

conviction for the offence. A discounted amount of (£30) is payable if the fixed penalty is settled within 15 days.

For the offence of failing to display no-smoking signage a fixed penalty of £200 is payable. If this penalty is paid, he will not be liable for conviction for the offence. A discounted amount of (£150) is payable if the fixed penalty is settled within 15 days.

Fixed Penalty Notices are only issued where there is adequate evidence to support a prosecution if a notice is not paid, and unpaid notices are followed up. Failure to pursue unpaid notices through the courts would discredit the use of fixed penalties in the locality, and would lead to declining rates of payment.

Prosecution Procedures

Prosecution will not be undertaken lightly and discretion must be exercised when deciding if this is the appropriate course of action. Other enforcement approaches may be more effective in securing the desired outcome, however, prosecution remains a cornerstone of enforcement and will be used where appropriate.

Prosecution without prior warning and recourse to other alternative sanction will be pursued where appropriate. For example, where there has been a blatant disregard for the law.

The purpose of prosecution is to punish the offender for wrong doing, prevent a recurrence, and act as a deterrent to others who have similar legal obligations.

The Health Act 2006 and associated regulations clarify who can be charged with the range of offences. They are:

Offence Person responsible Failure to display no – smoking signs any person who occupies or is in premises concerned in the management of smokefree premises Failure to prevent smoking in a any person who controls, or is smokefree place concerned in, the management of smokefree premises Smoking in a smokefree place a person who smokes in a smokefree place Intentional obstruction of an any person authorised officer of an enforcement authority Failure to give an authorised officer of any person an enforcement authority any facilities , assistance or information reasonably required , including making false or misleading statements

4 6 APPENDIX ‘C’

Presumption to Prosecute

The decision to prosecute will be taken having regard to the advice of the local authority’s solicitor. There is a presumption to prosecute in the following circumstances:

1. Where there has been a reckless disregard of the law, which has a potentially serious outcome. 2. Where there has been a blatant disregard of the law, which has placed the offender at economic advantage over those who comply. 3. Where there is a history of repeated breaches, either at the same site or at multiple sites, or a particular type of offence is prevalent at the site indicating significant management failings. 4. Failure to comply with legal notices requiring remedial action. 5. Where the contravention has caused particular public concern, eg an incident, which involves a member of the public or young person. 6. Obstruction or assault on officers of the Council in the course of their duties. 7. Impersonation of an officer to gain unlawful access to business or domestic premises.

Offences By Young Persons All offences involving persons under 16 years of age will receive special consideration. Arrangements will be made for an appropriate adult to be present during any PACE interview involving a child or young person and the requirements of PACE Code C will be followed. Childrens Services and the probation service will be notified, as appropriate, before legal proceedings are commenced. Sanctions available to enforcement officers for offences involving children and young people may differ from those available for adult offenders.

Complaints about the Operation of the Protocol

Where a business, or member of the public, makes a complaint or expresses dissatisfaction the way the protocol is being applied, this will be dealt with under the complaints procedure for that local authority. Complaints and expressions of dissatisfaction will be seen as opportunities to identify possible weaknesses in the protocol and as an opportunity for improvement. This information therefore will be used to examine possible action to improve service provision within the local authority receiving the complaint where appropriate.

Review

Runnymede is committed to ensuring that local enforcement practice reflects current best practice and government policy. To this end, this protocol will be reviewed in line with the review of the Health Act and its Regulations and further revisions will occur where the existing protocol is shown not to reflect

5 7 APPENDIX ‘C’ best enforcement practice. Any revision will ensure that the protocol reflects current best practice to ensure that those regulated are treated fairly and in line with national policy.

Smoke Free Enforcement Protocol

6 8 APPENDIX ‘D’

RUNNYMEDE BOROUGH COUNCIL

ENVIRONMENTAL HEALTH SECTION,

ENVIRONMENTAL SERVICES

FOOD SERVICE PLAN - YEAR 2016/2017

Runnymede Borough Council Runnymede Civic Centre Station Road Addlestone Surrey KT15 2AH Telephone No.: 01932 838383

9 APPENDIX ‘D’

FOOD SERVICE PLAN 2016/2017

1. SERVICE AIMS AND OBJECTIVES

2. BACKGROUND

3. SERVICE DELIVERY

4. RESOURCES

5. QUALITY ASSESSMENT

6. REVIEW

10 APPENDIX ‘D’

FOOD SERVICE PLAN 2016/2017

1. SERVICE AIMS AND OBJECTIVES

1.1 Aims and Objectives

1.1.1 To ensure that any food purchased and produced in the Borough of Runnymede is safe for consumption.

1.1.2 To meet statutory responsibilities in a cost effective and responsible manner in accordance with Food Standards Agency (FSA) and Local Government Regulation (LGR) and other centrally issued guidance.

1.1.3 To encourage best practice and publish advice on Food Hygiene Regulations to business and voluntary groups.

1.1.4 To carry out enforcement responsibilities as laid down in the Environmental Health Enforcement Policy, the Enforcement Concordat adopted by the Council for Environmental Health Services in November 1999 and the Regulators Code 2014.

1.1.5 To undertake discretionary duties in relation to Food Sampling and Food Safety Promotion.

1.2 Links to Corporate Objectives and Plans

1.2.1 The Food Service Plan fits into the Authority’s corporate planning process having been subjected to Best Value scrutiny and the production of a Continuous Improvement Plan in January 2001 The Council’s Sustainable Community Strategy adopted in September 2012 has four key priorities for Runnymede:

• A voice for Runnymede • An environment to be proud of • Healthy and vibrant communities • Revitalisation

1.2.2 The Food Service Plan is a key driver in achieving a Health and Vibrant Community. An effective food safety service contributes to the above priorities in protecting the health of its residents and visitors through the provision of safe food outlets, the prevention and detection of food borne illness and food poisoning and ensuring good businesses are not being disadvantaged by non-compliant traders.

1.2.3 Implementation of the National Food Hygiene Rating Scheme (FHRS) is a key performance indicator for the food service within the Environmental Service Business Centre Plan

2. BACKGROUND

2.1 Profile of the Local Authority

2.1.1 With a population of 80,510 (Office for National Statistics, Census 2011) the Borough of Runnymede covers 7,804 hectares in the north west of Surrey where it has a lengthy boundary formed by the rivers Thames and Wey. Within its boundaries, which reach from Windsor Great Park almost as far south as Woking, the Borough comprises a number of towns and villages, including in the north, the town of Egham and the residential areas of Virginia Water, Thorpe and Englefield Green. Further south is the town of Chertsey, the town of Addlestone and the villages of New Haw, Ottershaw and Woodham. Although it has a number of businesses Runnymede is basically a residential area bisected by the M25 running north-south and the M3 running east-west.

11 APPENDIX ‘D’

2.2 Organisational Structure.

2.2.1 The organisational structure of the Council comprises the full council and 5 main service committees. Food safety issues fall under the terms of reference of the Environment and Sustainability Committee. The Corporate Head of Planning and Environmental Services (CHPES) and the Environmental Health and Licensing Manager (EH&LM) have delegated responsibility for food safety enforcement with service delivery undertaken by the authorised officers of the Environmental Health and Licensing Section.

2.2.2 The organisational structure of the Council and Environmental Services Business Centre is as follows:

RUNNYMEDE BOROUGH COUNCIL – ORGANISATIONAL STRUCTURE

COUNCIL

OVERVIEW & SCRUTINY SELECT COMMITTEE

CORPORATE HOUSING COMMITTEE PLANNING MANAGEMENT COMMITTEE COMMITTEE ENVIRONMENT AND SUSTAINABILITY COMMUNITY SERVICES COMMITTEE COMMITTEE Includes food safety, pollution, non-housing environmental health, refuse, recycling, licensing, & sustainability.

Corporate Head of Planning and Environmental Services

Environmental Health & Licensing Manager

Licensing Team Private Sector Housing Environmental Health

SEHO SEHO (0.73 FTE) (0.80 FTE)

SEHO Senior Environmental Health Officer

2.2.3 Specialist services are provided by: (i) Public Analyst: Eurofins Scientific Ltd, 28-32 Brunel Road, Westway Estate, Action, London

12 APPENDIX ‘D’

W3 7XR (ii) Food Examiner: Health Protection Agency, Food Water & Microbiology Laboratory Porton, Porton Down, Salisbury, SP4 0JG (iii) Kent, Surrey & Sussex Public Health England: Consultant in Communicable Disease Control County Hall North, Chart Way, Horsham, West Sussex, RH12 1XA

2.3 Scope of the Food Service

2.3.1 As a designated Food Authority the Council is responsible for the full range of duties under the Food Safety Act 1990, Including:

• the provision of advice to businesses and the public on food safety matters • the investigation of complaints and requests for service relating to food safety matters • food premises inspection • food inspections • investigations of food complaints • responding to food safety incidents • provision of training • investigation of food related infectious diseases • control of Imported foods

2.3.2 The Council has additional food related responsibilities under the European Communities Act 1972 in respect of Products of Animal Origin imports and exports and 2 officers from the Environmental Health are presently authorised to undertake this work.

2.3.3 Further service elements are provided at the discretion of the Council, e.g. health education and water sampling. These discretionary services have a complementary and reinforcing role in the Council’s overall objectives of protecting public health.

2.3.4 Enforcement of Food Standards and Animal Feeding Stuffs legislation is the responsibility of the Surrey County Council Trading Standards Department and is outside the scope of the service.

2.3.5 In addition to food safety, other environmental health functions are delivered alongside the food service. These include health and safety at work, infectious diseases, private water supplies, animal welfare licensing, pollution, contaminated land, environmental crime, health and safety and smoke- free enforcement responsibilities.

2.4 Demands on the Food Service

2.4.1 The majority of food premises in the area are predominately small to medium sized catering or retail businesses. The premises profile for the Authority as at 1 April 2016 was:

Type of Premises Number Primary Producers 6 Manufacturers & packers 4 Importers/Exporters 2 Distributors/Transporters 2 Retailers 147 Restaurant/Caterers 591 Total 752

Categorisation as per FSA LAEMS Return 2016

2.4.2 In addition there are:

• an international golf tournament held each year at Wentworth requiring the inspection of a number of visiting food outlets • a large activity centre at Thorpe Park with in excess of 20 food outlets catering for up to 1½ million visitors a year

13 APPENDIX ‘D’

• a number of annual agricultural show/fairs e.g. Egham, Chertsey and the Black Cherry Fair.

2.4.3 The service is delivered through the Environmental Heath and Licensing Section based at the Runnymede Civic Centre and the service is available from 8.30 a.m. to 5.00 p.m. Monday to Thursday and 8.30 a.m. to 4.30 p.m. on Friday (e-mail messages can be left outside normal work hours via the Council website). In the event of a major incident or an outbreak of food poisoning the Safer Runnymede Centre holds contact details of Senior Officers who could be contacted in the event of an emergency.

2.4.4 A significant number of catering establishments are operated by people whose first language is not English. Where appropriate and feasible, documentation and information is provided in the business owners first language

2.5 Enforcement Policy

2.5.1 The council adopted the Central and Local Government Enforcement Concordat in regard to its Environmental Services Department in November 1999 expanding this adoption to all other Council enforcement services in 2001. Additionally the Environmental Services works to the current Environmental Health Enforcement Policy. All food safety enforcement decisions are made in consideration of the enforcement policy and any deviations from the policy will be documented. . Statutory action may only be taken with the agreement of the CHP&ES or EH&LM.

2.5.2 Copies of the Environmental Health Enforcement Policy are available on request and the Policy is made available on the Council’s website.

2.5.3 As a follow-up to inspections carried out in 2015/2016 the Division undertook the following enforcement actions;

Action 2015/2016 Prosecutions taken 0 Simple cautions issued 3 Food Safety Act Notices issued 3 Written warning Food 65 Voluntary closures 6

3. SERVICE DELIVERY

3.1 Food Premises Interventions (Inspections, audits, monitoring)

3.1.1 It is the Council’s policy to carry out programmed food hygiene interventions in accordance with the minimum inspection frequencies defined in the Food Safety Act Food Law Code of Practice issued April 2015. Priority will be given to inspections of higher risk premises and any product specific approved premises.

3.1.2 The current profile of premises by risk rating in Runnymede and the anticipated number of interventions/inspections to be undertaken during the year 2016/2017 is as follows:

Risk Number of Inspection Number of Category Premises Frequency Inspections * Due 2015/2016 A 2 6 months 4 B 17 12 months 18 C 110 18 months 66 D 269 24 months 128 E 339 (AES) 36 months 73 Unrated 15 18 Total 752 307 Number of inspections outstanding from 43** 2015/2016

14 APPENDIX ‘D’

Estimated total number of inspections due 350 2016/2017

*Risk categories are derived from the scoring system laid down in Annex 5 the FSA Food Law Code of Practice (England) April 2015. Scores being given for the type of food produced, size of the business, level of compliance with hygiene and structural requirements and extent of management control, the higher the score the higher the risk category.

**The majority of these inspections relate to access problems and seasonal variations in trading hours.

In addition it is estimated that: • 25 premises will require revisiting to check compliance following adverse reports after initial inspection • 20 new food premises will open and require inspection • 30 outdoor/temporary mobile food traders at show/fairs will be visited • 25 premises will request official re-visiting under the FHRS (8 official requests in 2015/16). Total 100

3.1.3 The authority endeavours to carry out 100% of the inspections due for 2016/2017. The service will continue to respond to any inspection priorities identified by the Food Standards Agency.

3.1.4 An Alternative Enforcement Strategy (AES) continues to be applied to some premises in the lower risk category C and the majority of the low risk premises in categories D and E.

3.2 Food Complaints

3.2.1 The authority will investigate all food complaints or complaints relating to the hygiene of food premises in accordance with the relevant Food Safety Act Code of Practice, centrally issued guidance and its own Food Complaint Procedures. All food complaints involving an imminent risk to health will be responded to as soon as possible and all others within 3 working days.

3.2.2 Enforcement of food safety is undertaken in accordance with the Food Safety Act 1990 and associated legislation, Codes of Practice and in particular the LACORS “Guidance on Food Complaints” for Local Authorities Dealing with Food Complaints, Second Edition November 1988. Decisions shall be made in accordance with the Council’s Environmental Health Enforcement Policy

3.2.3 The number of food complaints and complaints relating to food hygiene practices investigated in 2015/2016 was 48 down from 377 for the 2014/2015 period. (Due to a major internal reclassification in how the service receives and records the information). It is estimated that a similar number of complaints will require investigation in 2016/2017.

3.3 Home Authority Principle/Primary Authority

3.3.1 The authority endorses and supports both the LACORS Home Authority Principle, and the BDRO Primary Authority scheme which entail the local authority in whose area the decision making body of large or national food business are located to act as a lead and coordinating authority for other local authorities when dealing with such business to ensure consistency of advice and enforcement across the whole of that individual business undertakings.

3.4 Advice to Business

3.4.1 The authority will work with food businesses to help them comply with the law. It is the Council’s policy to provide advice to businesses including:

• providing on the spot advice during routine visits and inspections • responding to queries • advisory visits on request • provision of advice relating to planning applications • provision of free advisory leaflets and information sheets (including leaflets in other languages) • targeted mail shots arising from legislative and policy changes • the use of consultation mechanisms to seek comments on proposals and policy

15 APPENDIX ‘D’

3.4.2 The authority is an activate participant in the BDRO Better Business for All (BBfA) programme a partnership approach to better regulation whose purpose is to bring businesses and local regulators together to consider and change how local regulation is delivered and received. .

3.4.3 In 2015/2016 the department dealt with a total of 68 specific requests from food businesses and individuals for information requiring officer input on food safety matters in addition the service provided consultation on a number of planning applications in respect of food premises

3.5 Food Sampling

3.5.1 The Authority recognises the important contribution sampling makes to the protection of public health and the food law enforcement functions of the Authority. The Authority will actively participate in: • EU coordinated control programmes • LGR/PHA voluntary coordinated sampling programmes • Coordinated programmed surveillance sampling with other members of the Surrey Food Liaison Group

In addition, the Authority where necessary, and in accordance with its Food Sampling Policy, will submit samples for analysis or examination which arise from the investigation of food contamination and food poisoning incidents, as a result of inspection and/or complaint work. The number of informal food samples submitted for analysis/examination in 2015/2016 was 0. This was due to only 2 sampling programmes running and the topic subjects not being applicable to the Runnymede area e.g. sampling of raw milk sales.

3.5.2 For the year 2016/2017 it is intended that a number of LGR /HPA studies will be undertaken. • April - October: Study 58 Hygiene study – catering practices • Nov – March inclusive Study 59 Topic presently subject to consultation: • April – March: Study 60 Reactive Response study to be decided via separate consultation to allow response to an issue of public health concern arising during the year

This will result in approximately 50 samples being submitted for examination.

3.5.3 Unless otherwise directed as part of a nationally coordinated sampling programme, analysis and/or examination of all food samples is undertaken by one of the ‘Official Food Control Laboratories in the UK’ as indicated at 2.2.3.

3.6 Control and Investigation of Outbreaks and Food Related Infectious Disease

3.6.1 In the event of an outbreak of food poisoning the Authority follows the procedures set out in the Surrey Outbreak Control Plan and the Environmental Protection Division will act in conjunction with the Public Health England and if necessary, under the direction of the Consultant in Communicable Disease Control (CCDC).

3.6.2 There were no major food poisoning outbreaks reported in the Borough during 2015/16.

3.6.3 Notifications of food related infectious disease are investigated in accordance with the Environmental Protection Division Infectious Disease Procedures. In 2015/2016 the division received 69 individual food related infectious disease notifications, down from the previous year’s figure of 98. It is estimated that a similar number of notifications will require investigation in 2016/2017.

3.7 Food Safety Alerts

3.7.1 The Authority will on receipt of any food alert warnings issued by the Food Standards Agency respond as appropriate and in accordance with:

• The divisions documented procedure • Food Safety Act Food Law Code of Practice April 2015 • Instructions issued by the FSA

16 APPENDIX ‘D’

3.7.2 Out of hours contact arrangements are in place whereby the Environmental Health and Licensing Manager can be contacted by the Food Standards Agency.

3.7.3 The resource implications are very much dependent on the category of any particular food alert warning. All work relating to food alert warnings is undertaken by officers of the authorised food officers. In the event of a large scale warning support staff would be utilised from other areas of the department.

3.8 Liaison with Other Organisations

3.8.1 The authority has in place various arrangements to ensure that enforcement action taken in its area is consistent with those in neighbouring local authorities.

• A senior officer sits on the Surrey Food Safety Study Group. • A senior officer sits on the Surrey Food Liaison Group which includes Surrey County Council Trading Standards and representation from LGR. • Both of the above groups have professional representation from the Chartered Institute of Environmental Health (CIEH) the professional body for environmental health officers.

3.8.2 There is formal liaison with the Kent, Surrey & Sussex Public Health England Unit and the local water company in relation to public water supplies.

3.9 Food Safety Promotion

3.9.1 The authority will aim to accommodate any request to run basic food hygiene courses during the course of the year (subject to minimum attendance numbers being available). Requests for in-house or one off company training courses will be met subject to staff availability. The service will continue to provide a range of suitable and relevant food safety promotion materials, publications and advice sheets on request and where required in other languages.

3.9.2 The service continues to operate the FSA’s National Food Hygiene Rating Scheme (FHRS) across the Borough. As of the 31 March 2016, remains at 93% of premises included within the scheme had achieved ratings of 3 or above 1% below the target set in the Environmental Services Business Centre Plan for 2016. In addition the Authority in partnership with Surrey Trading Standards continues to support the Eat Out Eat Well scheme.

4. RESOURCES

4.1 Financial Allocation

4.1.1 The actual costs of the service for the year ending 31 March 2016 were

Expenditure Salaries £90,400 Training and Recruitment £2,440 Travelling and Subsistence £5988 Furniture and Equipment £433 General Office Expenses £2,453 Communication and Computing £1,747 Support Service Recharges £38460 ------£141,921

Income Costs recovered £345

Total £141,576

4.2 Staffing Allocation

17 APPENDIX ‘D’

4.2.1 The 2016/2017 staffing allocation is presently 1.53 full time equivalents (FTE). Administrative support staff allocation (0.3 FTE) remains within the general Customer Services Section. The FTE is slightly less than the previous year’s figure however the intended re-balancing of the FTE numbers by training up non-food officers detailed in the 2015/2016 service plan should come through in 2016/20017 as an additional staff resource increase in the another area frees up staff to assist in food hygiene work.

4.3 Staff Development Plan

4.3.1 The Council operates a staff appraisal scheme which includes an agreed Personal Development Programme for the forthcoming twelve months following any appraisal. Each year training needs are identified and may be provided in house or externally depending on the requirement. Environmental Health Officers are required to undertake 20 hours per year Continuous Professional Development. Under the statutory Food Law Code of Practice April 2015 there is a minimum requirement of 20 hours on-going CPD for officers specifically engaged in food related work. Records are kept of training undertaken and continuous professional development records are available for scrutiny by the professional body (CIEH) or for audit purposes.

4.3.2 The 2016/2017 food service training budget has been increased to ensure that all officers authorised to undertake food safety work are able to meet the statutory requirements of the code of practice.

5. QUALITY ASSESSMENT

5.1 Quality Assessment

5.1.1 Ranges of monitoring arrangements are in place to assess performance, particularly having regard to the number of premises due for inspection that are to be inspected during the year.

5.1.2 Officers are monitored by accompanied visits to assess conformance to standards and to ensure consistency of approach. Section meetings, routinely address consistency issues within the team.

5.1.3 The information is used by the FSA to assess the compliance of the authority in relation to the standards set out in of the FSA Framework Agreement on Local Authority Enforcement and in the compilation and publishing of enforcement information this provides a continuing assessment by which the Food Safety Service is measured.

6. REVIEW

6.1 Review against the Service Plan 2014/2015

6.1.1. The service has continued to provide a professional and quality service to both its external and internal customers. Overall the main food objectives of the Council’s food service were met. The service completed 91% of its programmed inspections, had limited participation in the national food sampling surveys, regularly attended all the relevant liaison body meetings and generally met its internal performance targets across all food enforcement areas.

6.1.2. The FSA’s National Food Rating Scheme has now been running within the Borough since April 2012. The scheme is well embedded within the food business community and use of the rating scheme via the FSA website by the general public continues to grow. The was a very slight fall to 93% of Runnymede’s eligible businesses under the scheme having ratings of 3 or above, this was a 1% drop from the previous year.

6.1.3. The authority continued to provide a large volume of information and assistance to local business in publishing and helping food business operators successfully meet the requirements of the Food Information Regulations 2014.

6.1.4 Unfortunately the service was not able to achieve 100% of the inspection due in 2015/2016 due to a combination of staff changes and problems of accessing some of the premises particularly the domestic childminders and seasonal outlets. These factors are being addressed as staff changes which occurred in the reporting year begin to take full effect. The reallocation of the technician

18 APPENDIX ‘D’

post to an EHO post has had a positive effect on the quality of the team and the desired outcome of increasing the resilience of the section going forward.

6.2 Variation from the Service Plan

6.2.1 There were no significant variations from the from the service plan in 2015/2016.

6.3 Areas for Improvement

6.3.1 The following improvements are planned for 2016/2017:

• Continue to update and implement any policies and procedures required to ensure the services compliance with the FSA Frame work Agreement. • Continue to expand the amount of food safety information available to businesses and the general public on the Council’s new website. • Continue to promote the FSA FHRS across the Borough and seek to increase the number of eligible business achieving rating of at least 3 and over.

19 APPENDIX ‘E’

RIVER THAMES ALLIANCE

ANNUAL REPORT BY RBC REPRESENTATIVE: COUNCILLOR D A KNIGHT

The River Thames Alliance ( RTA) has over the past year been active and progressed a number of aims and objectives that RBC should be advantageously associated with. I would therefore be recommending that our membership is renewed.

The RTA was reformulated last year from a charitable organisation to operate under a new mandate endorsed at their AGM. The RTA is now a company limited by guarantee. Under this mandate the RTA has developed and published a river Thames Management Plan that has clear sections on specific topics. This includes Flooding, Environment, Planning, Tourism and Marketing, Navigation and Moorings, Sport and Recreation and Education. With the plan in place an action plan is now in place and , with reference to members , is active in promoting the aims and objectives outlined in the plan. This has included the representation of interests and provision of guidance to parliamentary meetings and committees.

Their site is www.thames-alliance.co.uk

Waterways Plan - Flooding.

This is an aspect to which the RTA is particularly active. This is mainly focussed upon input into the Regional Defence Committee and the decisions made by the Environment Agency with regard to flood risk management. In working to influence holistic strategy that considers mitigation measures that can be achieved through enhancement of strategies for future development of the river I am ensuring that ground water flooding is also considered in their stance.

Waterways Plan - Environment

Current focus by the RTA is working with users who can impact the quality of the river , this includes management of surface water runoff , discharge and sensitive farming for which the RTA are liaising with the NFU and key industries along the river. Further focus is with regard to fisheries, angling . I am ensuring that sections on energy ( hydropower ) and biodiversity ( protecting native species and limiting invasive species ) are strengthened.

Waterways Plan - Planning

Spelthorne have been Key in supporting this section, current focus by the RTA is with regard to preserving public access to the river and ensuring the comments of the Environment Agency are strictly adhered to.

Waterways Plan - Tourism and Marketing

Focus by the RTA is on getting better profile within the commercial community in the use of the river through boat hire and their concerns regarding a decline leisure usage . I have ensured the enhancements to the Runnymede stretch of the river are both recognised and promoted, this includes Runnymede Pleasure ground development, The Queens statue and the launch of the Runnymede Explored App.

Waterways Plan - Navigation and Moorings.

20 APPENDIX ‘E’

A key success of the RTA is working with relevant agencies to both identify and remove illegal moorings and the management of transit sites , this was particularly beneficial to Runnymede in the preparations to the MC800 celebrations. Current work by the RTA is to undertake research into lifestyle change drivers to assist in understanding why more people are living on the river. Further work being undertaken on the upper reaches is to examine how marina development can be done in such a manner such as to enhance biodiversity and create potential sink basins to absorb peak flows and better control flow surges. I have stated that while this strategy may work on upper reaches further work is needed to demonstrate that the promoted extraction of minerals on the mid Thames is beneficial to overall flood risk management.

Waterways Plan - Sport and Recreation

The RTA focus is to promote use along and on the river. The river thames path is well established and well used, the RTA focus is to identify and engage with clubs and organisations that both promote and use these facilities. Manny regatta organisations are currently not members. I have encouraged the RTA to also consider educational establishments who , while users , do not make up much of the membership of the RTA. This would also give the RTA access to academic support in their further studies. (note below)

Waterways Plan - Education

The RTA are currently in discussions to work with online activities of the Thames Learning Group to both promote the educational resources of the Thames with young persons and at a higher (adult )level. Current resource has been on the lower tidal reaches and the RTA are investigating how to better develop upper / mid Thames resources.

Risks and Concerns

The key expenditure of the RTA in the past 12 months has been in rebranding and start up of the new limited company, in particular their new website. Initial Membership of 103 organisations, businesses and individuals has risen to 117 however as a limited company to continue either expenditure must reduce or membership must either increase or the fees currently charged must be revised.

21