Agenda item

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

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

The Chairman introduced the Council’s Consumer Protection Manager, Owen Cleugh to give a presentation on Consumer Protection – Enforcement Activity (for copy see file of minutes).

The Consumer Protection Manager noted a restructure from previous arrangements that had Trading Standards and Licencing Issues to one with: Business Compliance; Special Investigations; Licensing Enforcement and Licensing Administration.  It was noted that they were all supported by an Intelligence and Information Team.

Members were referred to statistics in terms of consumer information, service request data and noted the top areas of concern were used cars and home improvement services and the top service request areas were: problem traders; doorstep crime; counterfeit goods; underage sales; and general misdescription of goods.

Members noted Business Compliance looked at: Rogue/Problem Traders; underage sales; weights and measures; product safety; with a number of projects in addition.  It was added that there were currently 21 problem traders being looked at, and in terms of underage sales, there was a 25% failure rate in those businesses tested.  The Committee were informed of actions in terms of covert operations in respect of a weights and measures case and product safety included looking at used cars.  In respect of projects, the Consumer Protection Manager noted work ongoing in terms of “pop up” car lots and sales via online services, such as Gumtree.

The Consumer Protection Manager noted Special investigations included work on: doorstep crime; counterfeit goods; illicit tobacco; and also feeding into larger investigations such as “car clocking”. 

It was explained that the Intelligence and information Team was a hub used by all teams and had access to a range of systems and comprised of one full time and two part time members of staff, the part time officers being Financial Investigators.  It was explained this helped to build up evidence in order to then be able to take action, and also linked into Trading Standards both regionally and nationally.

The Committee noted licensing enforcement activities, with the majority being in terms of taxi licensing and enforcement, with a lesser amount in terms of street trading and gambling premises.  Members were also given a breakdown in terms of Licensing Act activities, the majority being temporary event notices and premises reviews.

The Chairman thanked the Consumer Protection Manager and asked Members for their comments and questions.

Councillor R Crute asked as regards the links between the RIPA report considered at the Corporate Overview and Scrutiny Management Board and covert activities.  The Consumer Protection Manager noted that they were liked and explained he had met with the Inspector yesterday in terms of covert activities and added that applications would be then made at the Magistrates’ Court accordingly.  He noted that direct surveillance authorities lasted for 3 months and covert human intelligence sources lasted for 12 months.  He added that there had been a lot of authorisation, and the initial feedback from the inspector was that inspection had been positive.

Councillor C Wilson noted an item in a shop with a price of £1.99 and was told at the till that the price was actually £2.49.  She asked what the legal position was on this type of activity.  The Consumer Protection Manager noted this was not permitted if deliberate; however a customer did not have the right to demand the product at the lower price.

Councillor J Maitland noted as regards the powers to close a shop in terms of selling counterfeit goods, and asked how Officers were able to discern which were genuine and which were not.  The Consumer Protection Manager noted that it depended upon the product, some being fairly obvious due to low quality packaging and so on, however in some cases advice would be sought from the trademark holder in assessing whether an item or goods were genuine.  He added that this was becoming less of an issue in shops themselves and more in terms of goods bought online and reminded Members that if the price looked too good to be true it probably was.

The Chairman noted the numbers in terms of vehicle enforcement and asked if there were links to Organised Crime Groups (OCGs).  The Consumer Protection Manager noted that this was an issue that had been raised at the Disruption Panel and added that mapping work was required.  He noted that there was possible links in terms of “pop up” car lots, dealing in cash only and that work was ongoing.

Councillor A Pattinson asked in terms of business compliance, had changes in consumer regulations impacted for example in advice relating to faulty goods.  The Consumer Protection Manager noted that the service no longer offered consumer advice, that non-statutory function having ended around 2 years ago.  He explained there was a national advice helpline, though where there was a problem reported with a trader it could be an issue the Authority would look at as appropriate, for example where a threshold had been met in terms of complaints.

Resolved:

That the report and presentation be noted.