Hampshire County Council

Executive Member for Policy and Resources Item

11 September 2003

Trading Standards Enforcement Policy

Report by the Director of Property, Business and Regulatory Services

1

Summary

1.1

The following decision is sought:

That approval be given to the revised Trading Standards Enforcement Policy attached at Appendix 1.

2

Reason(s)

2.1

To ensure that appropriate documentation is in place which clearly explains what action will be taken when infringement of Trading Standards law takes place.

3

Other options considered and rejected

3.1

None.-

4

Conflicts of interest declared by the decision-maker or a member or officer consulted

4.1

Not applicable

5

Dispensation granted by the Standards Committee

5.1

Not applicable

6

Reason(s) for the matter being dealt with if urgent

6.1

Not applicable

Approved by:

..........................

Date of decision:

.........................

Councillor T K Thornber

Hampshire County Council

Policy and Resources Policy Review Committee Item

4 September 2003

Executive Member, Policy & Resources

11 September 2003

Trading Standards Enforcement Policy

Report by the Director of Property, Business and Regulatory Services

1

Introduction

1.1

Following the Policy Review Committee's involvement in the Best Value Review for Regulatory Services the Leader has requested that the PRC consider a number of issues relating to Regulatory Services including the Enforcement Policy attached at Appendix 1. The original policy was agreed by the former Business Panel on 10 July 2000.

2

Background

2.1

In March 1998 the Cabinet Office, in partnership with the LGA, business and consumer groups, published an Enforcement Concordat. This is a voluntary, non-statutory code of practice that sets out best practice for enforcement agencies in dealing with business. The Concordat requires enforcers to

· Set clear standards

· Be clear and open in providing information

· Help and advise businesses on compliance

· Have a clear complaints procedure

· Ensure that enforcement action is proportionate to risk

2.2

The former Public Protection Committee on 13 May 1998 agreed to support the principles of the Enforcement Concordat and to incorporate it into the practice and action plans of Regulatory Services. It is recommended good practice to supplement it with an Enforcement Policy.

2.3

The Trading Standards Service reports to the Audit Commission against Best Value Performance Indicators 166 (BV 166). One section of BV 166 relates to enforcement policies and in order to achieve a 100% score it is necessary to have an approved enforcement policy in place.

3

Summary of revised Enforcement Policy

3.1

Since the original Enforcement Policy was approved BV 166 has been slightly amended and the DTI has issued a Good Practice Guide. The revised policy at Appendix 1 takes account of these changes and highlights the enforcement activities that are shared with other agencies, e.g. food safety with environmental health; under-age sale of alcohol with the police. The opportunity has also been taken to simplify the policy using plain English principles and to consult with consumers, business and staff. The policy is published on the Regulatory Services website and is regularly raised in correspondence by solicitors acting for defendants in Trading Standards cases. Authorities are required to audit the policy to ensure that officers are following it and this has been conducted by a peer review process using an officer from Basingstoke and Deane District Council.

4

Conclusion

4.1

The revised Enforcement Policy fully complies with BV 166 and meets the requirements of the DTI's Good Practice Guide. Approval of the policy will enable the Trading Standards Service to achieve 100% score against BV 166 in 2003/04 (last years score was 98.8%).

4.2

The Policy and Resources PRC is due to consider the revised Enforcement Policy at its meeting on 4 September 2003. Any views of the PRC will be reported orally at the Leader's decision day meeting on 11 September.

Recommendation

That the revised Trading Standards Enforcement Policy attached at Appendix 1 be approved.