DATA LABEL: Public Environment Policy Development and Scrutiny Panel West Lothian Civic Centre Howden South Road LIVINGSTON EH54 6FF 20 March 2014 A meeting of the Environment Policy Development and Scrutiny Panel of West Lothian Council will be held within the Council Chambers, West Lothian Civic Centre on Thursday 27 March 2014 at 2:00pm. For Chief Executive BUSINESS Public Session 1. Apologies for Absence. 2. Order of Business, including notice of urgent business. 3. Declarations of Interest - Members should declare any financial and non- financial interests they have in the items of business for consideration at the meeting, identifying the relevant agenda item and the nature of their interest. 4. Confirm Draft Minute of Meeting of the Panel held on 16th January 2014 (herewith). 5. Update of Audit Scotland Report - Protecting Customers - report by Head of Planning and Economic Development (herewith). 6. Authorisation of Enforcement Staff - Environmental Health & Trading Standards - report by Head of Planning and Economic Development (herewith). 7. Proposed Response to the Scottish Government Consultation on the Scottish Regulator Strategic Code of Practice - report by Head of - 1 - DATA LABEL: Public Planning and Economic Development (herewith). 8. Pest Control - Service Review - report by Head of Planning and Economic Development (herewith). 9. Pentland Hills Regional Park: A Proposal to Extend the Regional Park Boundary - report by Head of Planning and Economic Development (herewith). 10. Scottish Government Consultation - Scottish Safety Camera Partnership - report by Head of Operational Services (herewith). 11. Review of Traffic Warden Provision and Potential for Decriminalised Parking Enforcement - report by Head of Operational Services (herewith). 12. Accident Investigation and Prevention (AIP) Casualty Reduction Programme 2014/15 - report by Head of Operational Services (herewith). 13. Operational Services Management Plan 2014/2015 - report by Head of Operational Services (herewith). 14. Planning and Economic Development Management Plan 2014/15 - report by Head of Planning and Economic Development (herewith). 15. Performance Report - report by Head of Operational Services (herewith). 16. Forth Estuary Transport Authority MInutes - (a) Note Minute of Meeting held on 25th February 2013 (herewith). (b) Note Minute of Meeting held on 10th May 2013 (herewith). (c) Note Minute of Meeting held on 25th June 2013 (herewith). (d) Note Minute of Meeting held on 23rd August 2013 (herewith). (e) Note Minute of Meeting held on 25th October 2013 (herewith). 17. Workplan (herewith). ------------------------------------------------ NOTE For further information please contact Eileen Rollo on 01506 281621 or e-mail [email protected] - 2 - DATA LABEL: Public 97 MINUTE of MEETING of the ENVIRONMENT POLICY DEVELOPMENT AND SCRUTINY PANEL of WEST LOTHIAN COUNCIL held within COUNCIL CHAMBERS, WEST LOTHIAN CIVIC CENTRE, on 16 JANUARY 2014. Present – Councillors Tom Conn (Chair), Barry Robertson, Tony Boyle, Robert De Bold, Dave King, Greg McCarra In attendance – Derek Moore (West Lothian Community Council Associated Representative) and Dorothy Knox (Senior People’s Forum Representative) 1. DECLARATIONS OF INTEREST Agenda Item 6 (West Lothian Recycling Annual Report and Financial Statements) – Councillor Tom Conn declared a non-financial interest in that he was a council appointed Director of West Lothian Recycling Ltd. 2. MINUTE The Panel confirmed the Minute of its meeting held on 21 November 2013 as a correct record but subject to the following amendment :- The sederunt to show that Derek Moore (West Lothian Community Council Associated Representative) had attended the meeting and that Dorothy Knox (Senior People’s Forum Representative) had submitted her apologies for the meeting. 3. UNDERAGE SALES UPDATE The Panel considered a report (copies of which had been circulated) by the Head of Planning and Economic Development providing an update on the enforcement activities undertaken by Trading Standards on age-restricted products during the past year. The Head of Planning and Economic Development advised, that with regards to tobacco test purchasing, since April 2013 28 formal test purchases had been made. This represented 11% of registered tobacco retailers and therefore the Scottish Government target of 10% had already been met for 2013-14. The 28 formal test purchase attempts resulted in 3 sales. Fixed Penalty Notices (FPN’s) were then issued to the person who made the sale, where this was not the owner of the business; a FPN was also issued to the business. As a result 5 FPN’s were issued for £200 (or £150 if paid within 14 days). All 5 notices had been paid. The Head of Planning and Economic Development then advised that with regards to firework test purchasing, in the lead up to 5 November 2013, a total of 25 attempts at test purchasing fireworks were made by young volunteers. It was again pleasing to report that no sales were made, as had been the case in the previous two years. - 3 - DATA LABEL: Public 98 In conclusion the very positive outcomes from tobacco and firework test purchasing was a reflection of the extensive enforcement and advisory work previously undertaken in this field and that the test purchasing by young volunteers continued to be an important element in combating illegal underage sales. Decision To note the terms of the report. 4. WEST LOTHIAN RECYCLING – ANNUAL REPORT AND FINANCIAL STATEMENTS FOR THE YEAR ENDING 31 DECEMBER 2012 The Panel considered a report (copies of which had been circulated) by the Depute Chief Executive (Corporate, Operational, Housing, Construction and Building Services) which provided an update on the business and activities of West Lothian Recycling for the year ending 31 December 2012. The Panel were asked to note the following :- x West Lothian Recycling had a net profit after taxation of £99,736 for the year ending 31 December 2012. This compared to a net profit of £71,810 for year ending 31 December 2011; x During the year, a dividend of £150,000 was declared for the year ending 31 December 2011. 50% of the dividend was retained by the council; and x The annual accounts for the year ending 31 December 2012 had been reviewed by the company’s independent external auditor, Deloitte’s LLP. The company received an unqualified audit report. The Depute Chief Executive continued to explain that during 2011 the parent companies of Tarmac Ltd, Lafarge Cement UK Ltd and Lafarge Aggregates Ltd announced that they would combine their businesses to form a new Joint Venture – Lafarge Tarmac. The scale of the Joint Venture was such that it had been referred by the Office of Fair Trading to the Competition Commission who required the divestment of parts of the company. Final approval from the Competition Commission was given and the Joint Venture was formed and began trading in January 2013. The Panel were asked to note the terms of the annul report of West Lothian Recycling dated 31 December 2012 and in particular the external auditor’s statement and the company’s financial statements. Decision To note the terms of the report. 5. PASSIVE SAFETY AND VEHICLE RESTRAINT SYSTEMS POLICY AND ASSESSMENT PROCEDURE - 4 - DATA LABEL: Public 99 The Panel considered a report (copies of which had been circulated) by the Head of Operational Services advising of the development of a passive safety and vehicles restraint systems policy and assessment procedure for West Lothian Council, in line with best practice and a copy of which was attached to the report. The Road Safety Plan for West Lothian 2012-2015, which was approved by the Council Executive on 3 April 2012, identified the need for the development of policies on the use of passively safe street furniture and vehicle restraint systems on West Lothian’s road network. The purpose of passively safe street furniture and vehicle restraint systems was to minimise the risk to vehicle occupants from roadside hazards at times when an errant vehicle left the carriageway. The aim of the policy was to provide clear guidance to designers, maintenance engineers and developers on the assessment, provision and specification of passively safe street furniture and road restrain systems on West Lothian Council’s road network. A review of recent best practice guidance on the assessment and specification of vehicle restraint systems and passively safe roadside structures had led to the decision to combine the passive safety and vehicle restraint policies into a single policy and assessment procedure. This was considered appropriate because the aim of both measures was to reduce the risk to vehicle occupants from roadside hazards and reducing the likely accident severity. The development of the policy had been informed by an accident study which was undertaken in order to show the extent of the problem in West Lothian and to identify a hierarchy of road environments that were considered to constitute higher risk where passively safe roadside structures should be a priority or vehicle restraint systems should be considered. In the development of the policy consultation had been undertaken with The Society of Chief Officers of Transportation Scotland (SCOTS) Transportation and Road Safety Working Group and the Street Lighting Working Group. The SCOTS Transportation and Road Safety Working Group supported the policy and were considering recommending the policy for use by other local authorities. In conclusion the agreement of the policy would provide clear evidence-led and best practice guidance to designers, maintenance engineers and developers on the assessment, provision and specification of passively safe street furniture and road restraint systems on West Lothian Council’s road network. Decision 1. To note the terms of the report; and 2. Agreed that the report be forwarded to the next appropriate meeting of the Council Executive with the recommendation that it be - 5 - DATA LABEL: Public 100 approved. 6. WORK PLAN To Panel noted the contents of the Work Plan. - 6 - DATA LABEL: PUBLIC ENVIRONMENT POLICY DEVELOPMENT AND SCRUTINY PANEL UPDATE ON AUDIT SCOTLAND REPORT – PROTECTING CONSUMERS REPORT BY HEAD OF PLANNING AND ECONOMIC DEVELOPMENT A.