Agenda item

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

(ii)      Presentation by the Consumer Protection Manager, Regeneration and Local Services.

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 reminded Members that it had been one year since a restructure from previous arrangements that had Trading Standards and Licencing Issues to that of: Business Compliance; Special Investigations; Licensing Enforcement and Licensing Administration.  It was noted that all teams were supported by an Intelligence and Information Team.

Members were asked to note national and local priorities included: doorstep crime; counterfeit goods; underage sales; illicit tobacco and alcohol; scams; and general fair trading issues.

Members noted in relation to doorstep crime examples were given in relation to dangerous and sub-standard structures in the County and learned as regards the types of activities related to doorstep crime, including home improvements; driveway installation and roofing amongst others.  The Consumer Protection Manager added as regards help offered to victims of such crime; staff being trained in interview techniques; and activities relating to informing and educating such as an event in Durham in respect to traders and education and interventions via the Area Action Partnerships (AAPs) and Neighbourhood Wardens.

The Committee noted in relation to counterfeit goods examples as regards a number of activities prior to Christmas including: fake mobile phone covers; counterfeit designer goods; and fake electrical items and clothing. 

It was explained that a new trend was for the sale of such items via hairdressing salons and barber shops and it was added that more frequently orders were being placed via social media, with less large quantities of stock being stored in any one location, and that how to tackle this in conjunction with the social media companies would be important.

Members were reminded of an individual who had been found to be selling fake “remembrance day poppies”, in contravention of copyright and also that seller had no connection to the Royal British Legion.  The Consumer Protection Manager noted the individual had been issued with a Community Order.

Councillors noted that in terms of underage sales, there was still an issue and smarter intelligence was leading to higher failure rates on those premises targeted, proving the targeting was effective.  It was noted there were referrals to Licensing Committee and that in appropriate cases there would be training packages offer to premises and their staff from the Police and the Council’s Licensing Team.

In connection to illicit tobacco and alcohol a number of examples of shops where such sales had taken place were given.  It was explained that there had been a number of sanctions issued: including fines, closure orders and custodial sentences.  It was emphasised that a new area of activity was vaping shops, in relation to age and product safety, both the liquids and charges used.  Members were reminded of the work being in partnerships with the Police, Public Health and Local Members.

The Consumer Protection Manager noted that in relation to general scams, a recent case of fraud where two brothers were jailed for operating an internet scam.  He added that scams could be via post, telephone and the internet, not just on the doorstep, and that there was a national “Friends Against Scams” organisation and that a pilot scheme had been developed involving three of the AAPs, helping to spread the messages about such scams and help in terms of community cohesion.

In terms of fair trading, Members were given examples in relation to: an electrician overcharging for works; car “clocking”, sales of second hand cars with altered mileage details; and illegal puppy farms, with a multiagency response in terms of looking at issues of pedigree and animal welfare.

The Consumer Protection Manager noted the statistics in relation to Licensing Committee hearings, and numbers of applications processed and reiterated the importance of this work in helping to protect public safety.  The work in terms of licensing enforcement was explained, including drivers of dangerous vehicles where there was a risk to the public, and suspensions relating to behaviour, convictions or on medical grounds.  Members noted the good work in conjunction with Durham Constabulary that had been carried out previously in relation to unregistered scrap metal collectors.

The Consumer Protection Manager noted the main risks and challenges faced by Consumer Protection, namely: the resources to investigate; increasing legal time and costs; maximising the potential of the Proceeds of Crime Act (POCA); and encouraging people to come forward with information.

The Chairman thanked the Consumer Protection Manager and asked if having multiple agencies under one roof at Meadowfield was continuing to prove beneficial. 

The Consumer Protection Manager noted that this was the case and was proving to work effectively with a number of Council staff trained and given clearance in appropriate areas and a “one-team” ethic was important in looking to utilise any method to target those carrying out the activities as previously described.

The Chairman asked Members for their comments and questions.  Councillor C Wilson referred to the case relating to the electrician, the Consumer Protection Manager noted that the information was as reported in the press at the time.

The Vice-Chairman, Councillor H Liddle asked if a taxi driver had their Durham licence revoked, could they go to another Local Authority area, obtain a licence and then operate in County Durham once again.  The Consumer Protection Manager reminded Members of the changes following deregulation, the harmonisation of standards and a national register.  He explained that if a licence was revoked in Durham, the information would be added to the register and other Local Authorities could check this.  He added there was new consultation as regards taxi licensing that would be undertaken shortly.

Councillor A Patterson noted the positive successes in terms of enforcement action and seizures of counterfeit goods.  She asked how prevention and educational work was undertaken, especially in terms of the allure of such items in the context of austerity.  The Consumer Protection Manager explained that the messages of poor quality clothing items, perfumes that may cause allergic reactions, car parts and electrical goods that were dangerous were given and it was important to make consumers aware of the risks.  He reiterated the point that social media was being used more and more for this type of activity.  He explained that there was also a focus on not just counterfeit goods, but also in educating against scams as the victims can often be left facing multiple issues, not only financial, with some seeing their health and wellbeing affected.  Members noted that organisations such as Neighbourhood Watch were very useful in these instances and in helping with community cohesion.

Councillor J Charlton asked as regards underage sales and the training being offered, asking whether this could not be a stipulation at the licence issuing stage.  The Consumer Protection Manager noted that for new applications there was the opportunity for a Licensing Committee to impose more stringent conditions or training requirements if felt appropriate in a particular instance.

Councillor J Charlton asked as regards scrap metal dealers and the current position.  The Consumer Protection Manager noted the work that had been undertaken previously, with a number of prosecutions in relation to collectors and sites.  He added that Neighbourhood Wardens continued to work in helping to identify issues such as fly-tipping and of those individuals operating without a waste carrier’s licence.  He noted that there was a benefit to the both the public and legitimate waste carriers having increased trust in those operating within the law.

Resolved:

That the report and presentation be noted.