Agenda item

(i)              Report of the Director of Transformation and Partnerships.

(ii)             Presentation by the Consumer Protection Manager, Adult and Health Services.

The Chairman introduced the Consumer Protection Manager, Adult and Health Services, Owen Cleugh to give a presentation to Members in respect of Consumer Protection Enforcement (for copy see file of minutes).

The Consumer Protection Manager noted that Environment, Health and Consumer Protection now sat within the Adult and Health Services directorate and added that he would explain to Members how Consumer Protection looked at risks and then would look at prevention, intelligence and enforcement (PIE).

Members noted the top ten areas of concern in connections with goods, with used cars being the main area and the criminal top ten, with scams, whether by e-mail, telephone or doorstep being the main priority area, also including illicit tobacco and counterfeit goods.  It was added there was work ongoing in terms of improving data and that fair trading and mis-description were also areas which received a large amount of service requests.

Councillors noted that prevention included articles in the media to advise on scams, also use of social media, podcasts and video logs on subjects such as rogue traders including dog breeders.  It was added that there had been a lot of positive feedback on these videos.  Members noted partnership working, including the Area Action Partnerships (AAPs) and groups such as the Magistrates’ Group and Age Concern.  The Consumer Protection Manager added that home visits were carried out as appropriate to educate in terms of doorstep crime and in terms of enforcement where it could be, rather than going down a full enforcement route, provision of some education and training in an area could help to prevent an issue.  It was noted that should enforcement action be required, it would be followed up accordingly and the operations with Consumer Protection and the Police in terms of underage sales were recognised nationally as best practice.

In terms of intelligence, the Consumer Protection Manager noted use of the GB Accelerator and Memex databases and use of financial information as appropriate.  It was noted that there were projects and surveys going throughout the year including: part-worn tyres; e-cigarettes, both sales and safety; and a tobacco roadshow featuring the Tobacco Alliance.

The Consumer Protection Manager explained in terms of enforcement Members had learned as regards: prosecutions; seizures and warrants; undertakings and injunctions; test purchases and Licence Reviews, where appropriate.  The Committee noted new tactics included: interim injunctions; Criminal Behaviour Orders; and use of the Fraud Act and the Proceeds of Crime Act.  It was added that an accredited Financial Officer within the Consumer Protection Team was helping in terms of investigations.

Councillors noted that in respect of licensing a new taxi policy was introduced in April 2016 and the Immigration Act was in effect from December 2016.  It was added that there was use of Disclosure and Barring Service online and that child sexual exploitation awareness were requirements as part of applications.  Members noted new requirements in terms of local assessments, in connection with Gambling Act Policy revision.  It was explained that breakdown of the types of licences requested was set out, with the largest proportion being those for hackney carriage licences or renewals, and the highest proportion of those under the Licensing Act being for temporary event notices, only 5% representing new premises license applications.

The Consumer Protection Manager noted that in terms of enforcement and interventions, 80 drivers had been referred to committee and it was explained that 31 drivers had licences suspended with immediate effect.  Members noted figures in terms of other actions and learned as regards six prosecutions in terms scrap metal dealers.

The Chairman thanked the Consumer Protection Manager and asked members for any questions.

Mr AJ Cooke noted concern as regards telephone scams and added that when a number comes up on a caller ID you can then check this via the internet to see if it is a genuine number or a nuisance caller, however he added that on these sites it can ask for details as regards the call to update those records and asked who updated those records.  The Consumer Protection Manager added that in order to try to block such calls there was the Telephone Preference Service, however when a withheld number was used this can present an issue. 

It was added that the best method was prevention, for example if you answer a call and no one is on the line initially, this could be an indication of the use of automatic dialling, with the call only being diverted to a “scammer” if the call is picked up. The best option in such situations is to hang up the phone. It was noted that there were many such “self-help” websites, however there was no guarantees as regards the information they provided, and that prevention was always a better approach.

Councillor J Maitland asked as regards Uber, and how this may affect County Durham and what controls the Council would have.  The Consumer Protection Manager noted that Uber were an “app-based” operator, with transactions arranged via their software.  It was added that Uber had applied for an Operator’s licence for County Durham before Christmas, noting they already had a licence for Newcastle.  It was added that current licensing legislation was out of date in this regard and it was an issue that authorities had raised with the LGA, but for Members’ information Uber were licenced and he believed they were recruiting.  The Consumer Protection Manager added that Uber had proven to be controversial in some places they had begun to operate, however, it was explained that the Authority had worked to explain how “Durham works” and that Highways were working with them on issues of where they could park, given that they operated as private hire, not hackney carriage.

Councillor T Nearney noted that his local AAP, Stanley, had worked with AGE UK in terms of a “Beat the Scammers” campaign.  He also asked whether there were the resources and capacity within the Consumer Protection Team in terms of workloads and the changing nature of activities, with more and more being linked to online, for example purchasing counterfeit goods via social media sites.  The Consumer Protection Manager noted that Durham was working with other Local Authorities with information shared via the Memex system previously mentioned.  It was added that resources and capacity were always issues, however, the Team were working alongside partners to look at emerging issues.         

The Chairman asked whether the team were still co-located with officers from Durham Constabulary at Meadowfield.  The Consumer Protection Manager noted this was the case with all working effectively as one team, for example Consumer Protection staff having access to the police Red Sigma system. 

The Chairman asked how part-worn tyres were regulated and policed.  The Consumer Protection Manager noted that some part-worn tyres were unsafe, and there were overt inspections of dealers and that a next stage would be to carry out covert test purchases to ensure that correct practices were being adhered to.

Resolved:

That the report and presentation be noted.