Agenda item

(To receive a report from Sara Barry, Head of Safer Communities, which invites the Committee to consider and comment on the delivery of Trading Standards Services for the financial year 2020/21)

The Committee considered a report from Mark Keal, Trading Standards Manager, which provided a review of the delivery of Trading Standards services in Lincolnshire for the financial year 2020/2021.

The Committee was advised of the background to Trading Standards services, and the key role they played in enhancing the economy for legitimate businesses and safeguarding the financial interests of the residents of Lincolnshire; the Authority’s statutory responsibilities to deliver consumer protection for the residents of Lincolnshire; the close working of trading standards officers with other partner agencies and stakeholders; and the challenges of the Coronavirus pandemic on the service.

The strategic priorities for 2020/21, and the outcomes and activity against the strategic priorities for 2020/21 were summarised on pages 40 to 46 of the report for the Committee to consider.

The Committee also received a short presentation from Emma Milligan, Trading Standards Operational Delivery Manager, which provided an insight into unsafe goods, and counterfeit goods.  Committee Members were given the opportunity to watch a short video regarding the testing of a product which did not comply to safety standards; seeing the positive impact of trading standards supporting businesses in Lincolnshire with advice to grow and prosper as part of the Business Lincolnshire Growth Hub, with reference being made to an artisan fudge maker based in Grantham.  It was highlighted that further details of the case study were available on the Council’s website.  A demonstration was also received as to how trading standards officers were able to test cigarettes to ensure they complied with the Ignition Propensity safety standards; and reference was made to the impact illegal and unsafe tobacco had on health and personal safety.

During consideration of this item, the Committee raised some of the following points:

·       Duty Free cigarettes.  The Committee was advised that there was no issue with cigarettes being brought back from holidays if they were for the individuals private use, and provided that quantity of cigarettes being brought back did not exceed the prescribed quantity (200).  The Committee was advised that problems arose when items were smuggled into the country, as these goods were not brought from reputable sources.  Further clarification was sought regarding the personal safety of others with regard to illegal tobacco.  Officers advised that liability in this type of instance would be a matter for a civil litigation lawyer.  The Committee noted that cigarettes brought in a legitimate supermarket, for instance in Spain were subject to the same legal requirements regarding propensity, as the UK as it was European legislation;

·       Products containing cannabis.  It was reported that any product containing cannabidiols would have to go through a registration process to actually be approved for sale;

·       The level of compliance in food products being sold online in Lincolnshire.  The report highlighted that 33 food producers and retailers had been found to be non-compliant. Once member of the Committee from personal experience extended his thanks to trading standards staff for the help and advice he had received when setting up his business.  It was highlighted more needed to be done to promote to members of the general public the positive experiences of dealing with trading standards, particularly regarding their help to local businesses. 

·       An explanation was provided regarding the primary authority scheme, where some of the bespoke businesses that received help, paid for the advice received.  In these instances, an agreement was set up with the business for the number of hours expected within a year; if more hours were required then subsequent adjustments were made. It was noted that the service was to just basically cover the cost recovery for officer time;

·       How frequently intelligence meetings were taking place with various agencies.  The Committee noted that frequency would be dependent on the type of subject.  It was also highlighted that information sharing agreements were in place, so actual intelligence information was shared fairly frequently;

·       Safeguarding the public from scams.  It was reported that scam information was shared with the public as soon as either complaints were received, or intelligence gathered had identified a potential trend.  The Committee noted that officers put out information through the communication team, social media, and local radio stations and that officers were continually looking at different ways to get messages out to the public.  It was highlighted that some scams received national media attention, such as bank scams;

·       Staffing.  The Committee was advised that currently there were no vacancies within trading standards.  The Committee noted that the service had links into the University of Lincoln, as officers provided lectures for law students on trading standards and consumer protection;

·       Page 46, item 83 reference to European funding.   It was reported that the EU funding was for the work being carried out with Business Lincolnshire.  Confirmation was given that the funding was available for this work for a further year;

·       One member welcomed the work carried out by officers during the pandemic, to ensure the safety of personal protective equipment being sold on-line and through local retailers; and also, to the testing of hand sanitisers and face masks, as a number had been found to be non-compliant;

·       One member enquired whether there was a pattern as to where illicit tobacco was being found across the county.  The Committee was advised that there were several towns, where more goods were seized and these were: Lincoln, Boston, Grantham and Spalding.  The Committee noted that activity was more prolific in larger towns;

·       Areas of work that received the most enquires from trading standards.  It was reported that overall, it was a bit of a mixture, but areas highlighted included: breaches of contract law in relation to cars and mobile phones; criminal law there was illicit tobacco, doorstep crime and rogue trading; and with regard to food establishments there was an increased concern regarding allergens.  The Committee was advised more work would be done concerning this matter throughout the year, as new rules were due to be received;

·       Thanks were extended to the trading standards team for their very informative presentation;

·       Advice for businesses going on-line.  The Committee noted from the council’s website there was a link to Business Companion, an application which following a series of question was able to provide information to potential businesses thinking about going on-line;

·       Explanation of Metrology Services.  The Committee was advised that this was verification work, ensuring that weight and measures were as they should be.  It was noted further that this service was offered to businesses; and

·       Counterfeit alcohol.  It reported that that on occasions there had been counterfeit vodka, whiskey and wine which had been found not to be safe for human consumption.  The Committee noted that the trading standards team worked closely with the Lincolnshire Police Licensing team and Her Majesty’s Revenue and Customs (HMRC).

RESOLVED

That the report be received and that the comments raised by the Committee be noted.