Agenda item

The Cabinet considered a report of the Head of Legal and Democratic Services which informed Cabinet about the Council’s use of its powers under the Regulation of Investigatory Powers Act 2000 (‘RIPA’) during the period of 1 April 2022 to 31 March 2023 and sought approval of the Council’s Corporate RIPA Guidance, which has been subject to an annual review (for copy see file of minutes).

Councillor R Bell, Deputy Leader of the Council and Cabinet Portfolio Holder for Finance thanked the Head of Legal and Democratic Services for the report which enabled Cabinet to have oversight and review of RIPA.

Councillor Bell commented that Durham were one of small number of authorities that made use of direct surveillance and covert human intelligence sources, where appropriate. These were a helpful tool in the Council’s armoury to investigate underage sales of alcohol and tobacco. It was important to note that the inspection highlighted that the powers and training arrangements in place, were robust and in conjunction with home office guidance. The report was very positive, and officers should be commended for their work in achieving these outcomes. The small number of changes suggested would provide for greater openness and accessibility in terms of how the council used its surveillance powers.

Councillor M Wilkes, Cabinet Portfolio Holder for Neighbourhoods and Climate Change spoke of the important role the Council had in this area. The sale of illicit tobacco and sale of alcohol to those under the legal age had negative impacts on children and young people and was linked to anti-social behaviour. The ability to use powers assisted the Council in investigating offences, educating retailers and to take enforcement where appropriate.

Councillor C Hood, Cabinet Portfolio Holder for Adult and Health Services explained that tobacco control was one of four key priorities for County Durham which had been identified for action by the Health and Wellbeing Board. 

During 2022/23 new young volunteers were recruited to undertake test purchase attempts to test legal compliance of retailers. Test purchase visits were made to address concerns and complaints regarding the sale of nicotine vapes to young people under the age of 18. This had resulted in a large number of sales by retailers, failing their legal obligations. Follow up investigations had been undertaken and a number of measures implemented where appropriate, including staff training and refresher training, strengthening challenge 25 policies, completion of refusal registers and more training relating to proxy sales.

The Public Health team were supporting the Tobacco Control Alliance and wider partners, including members of the public and consumer protection, to develop a multi-agency response to the proposed legislations set out in the Government published command paper. This included the outcome of a system-wide consultation which would be submitted to Department of health and Social Care (DHSC) on the 6th December 2023.

Resolved:

That the recommendations in the report be approved.