Agenda item

The Committee considered a report of Corporate Director of Resources that provided members with background information on enforcement and intervention activity by the Council’s Consumer Protection Service.

The Chair introduced the Consumer Protection Manager who was in attendance to

Provide the committee with a presentation on the work carried out by the Consumer Protection Service.

The Consumer Protection Manager explained that the service covered Trading Standards, Licensing Administration and Enforcement teams.  On a National level the priorities for Trading Standards included:

·        Doorstep Crime

Customers were misled into fraudulent trading over the doorstop.  Consumer Services worked in partnership with the Police, GP surgeries, Mental Health practitioners to help get information out to people to help prevent this as the crime was under reported.  There had been 30 months imprisonments of people who had been caught within Durham, North Yorkshire and Northumbria with offenders paying compensation orders to victims

·        Counterfeit Goods

There were new ways of people obtaining counterfeit goods that were coming into the Country.  This not only provided a loss to victims but also to the brand holder.  This was also linked to organised crime. 

·        Underage Sales

The Business Compliance team dealt with underage sales and age restrictive goods such as alcohol, tobacco, fireworks, knifes.  The team also carried out test purchasing at premises with underage children who tried to buy age restrictive goods.

·        Illicit tobacco and alcohol

The service supported Keep Fresh to prevent the selling of illicit tobacco.  A campaign ‘Keep it Out’ had been launched to encourage members of the public to inform authorities of the illegal selling of tobacco through private properties called tab houses. 

·        Scams

The service worked in partnership with National Scams team who promote ‘Friends against Scams’ to educate people and visit victims in their homes to advise on the dangers of scams.  Victims did not always admit to how much they had been scammed.  Work had also been carried out with the Young friends against sacsm with young people educating grandparents and parents on the dangers of scams.

·        General fair trading

There were issues with the motor and puppy trade with people being scammed, not getting repairs or refunds on faulty cars and puppies becoming ill or dying soon after being bought.  New enforcement powers had been brought in regarding properties that helped deal with landlords relating to tenants fees.  Fixed penalties could be issued.

The Consumer Protection Manager informed the Committee that the Licensing department was busy arranging hearings for new applicants or if there were changes to licences. He noted that there were on average approximately one hearing per week. He added that a new online application service had been launched for taxi drivers which had incurred a few teething problems but all in all was being used well.  The Licensing Enforcement Team were also busy with 59 licence holders being taken to committee for conduct, behaviour or criminal convictions. 

The Consumer Protection Manager notified the Committee that partnership working had taken place and links had been established with Immigration Officers regarding illegal workers in the County in licensed premises.  He added that Brexit had the potential to cause issues within the service with regards current suppliers who may be considered to be importers as a result of the changes.

The Consumer Protection Manager notified the Committee that there had been a restructure within the Consumer Protection service. The Service was now known as the Public Protection Service that included Trading Standards, Licensing, Neighbourhood Interventions and Community Safety. 

The Consumer Protection Manager agreed to forward a copy of the scrap dealers licence to be circulated to members for awareness purposes.

Councillor Wilkes was concerned that a shop in Framwellgate Moor had given Durham County Council negative publicity as it had been able to keep its licence even though it had been caught three times selling alcohol to underage children.  He asked for further information on how many times licence holders could commit offences before action was taken.

Councillor Wilkes also asked how long after premises had been tested and failed that Officers could go back to retest.  He added that he was also aware of premises linked to underage sales that also tended to leave waste and pallets outside making the area untidy and asked if there was any joint up working the Clean and Green Team.

The Consumer Protection Manager acknowledged that there was no guidance as such on predetermining the outcome of a Committee’s decisions as each case was determined on the individual circumstances. Officers looked at all the evidence gathered before taking the case to Committee. In relation to the shop at Framwellgate Moor, it was noted that it had changed hands numerous times and had conditions added to its licence with strict restrictions that were required to be complied with.  He added that with due diligence, Councillors could not be kept informed of these operations nor premises identified with an operation.

The Consumer Protection Manager informed the Committee that with underage test purchasing, significant evidence and preparation was required and an order must be applied for through the Magistrates Court before any test purchase action could be taken.  Although enforcement work was carried out with Police regarding the licence the Consumer Protection Manager was unsure as to whether Clean and Green was linked into regarding waste.  He noted that this could be a wider public nuisance and could be looked at in the future. 

Councillor Wilkes highlighted that if waste was looked at it would show that the store was not managed well and asked what the shortest time could an Officer go back and retest the shop.

The Consumer Protection Manager clarified that authorisation from the Magistrates Court lasted an initial three months and once a premise had been caught further investigations had to take place to see who had sold the goods, management structures and identify the premises holder.  The Consumer Protection Manager explained that if all the information was gathered within the three months Officers could go back and retest.

Councillor Boyes gave an example of a public house in his division that had been shut down as they had been caught on two occasions of underage sales.

The Consumer and Protection Manager stated that protocols were adhered to but all cases were individual and they may not all warrant the same response.  He noted that if rules were too rigid then it may not result in the right decision being made.  The Consumer and Protection Manager added that the service, prior to any closure of premise would focus on having well run establishments. Therefore, other sanctions could be imposed for example conditions applied to the licence or a suspension of a licence that people would need to adhere to in order to continue business in the future. 

Councillor Boyes felt that consistency may need to be looked at on individual points.

Councillor Jopling was concerned that young people were targeted and small shops could offend time and time again.  The welfare of young people needed to be protected to prevent them becoming alcoholics in the future. She added that stronger lines were required for youngsters as they were not aware of the ramifications down the line of what damage alcohol could do. 

Councillor Batey welcomed news that the anti-social behaviour team was being transferred to community protection as she felt that there were a lot of synergies between this team and the work of other teams in this area.

Resolved

That the report be noted.