EXECUTIVE REPORT TO COUNCIL
WEDNESDAY 17 OCTOBER 2012
1. Tenancy support - The Welfare Reform Bill will bring about many changes to the existing welfare benefit system, and it is important that anti social behaviour does not increase as a result. A tenancy support officer will work with private sector landlords and those wishing to access private rented accommodation as well as working with tenants affected by the welfare reforms by providing a holistic “one stop” service offering benefits, housing options, money management, employment and training. The officer will use a range of preventative, support, resettlement and enforcement measures to new tenants moving into and around the private rented sector to prevent homelessness, housing debt and tenancy breach
2. Premier Cars - Members will be aware that in recent times the work of the Trading Standards team has increasingly involved combating the black economy, particularly the illicit trade in tobacco and other illegal or counterfeit products which is secretively conducted from houses. This however is just one small area of the team’s broad remit, a recent case heard at Teesside Crown Court illustrates how, as consumers’ buying habits become more diverse and geographically widespread, our Trading Standards staff must adapt to the changing and challenging environment. In this particular case, a Middlesbrough consumer selected a vehicle advertised on the Autotrader website, paying a deposit before travelling to the Dagenham based garage to complete the deal. Returning to the North East in her new purchase, the consumer noticed that the vehicle was pulling to the left and juddering under braking. She had the vehicle checked by a local main dealer who advised her not to drive the car as it was dangerous.
The trader refused to give a refund so the Trading Standards section was contacted. Officers engaged an Inspecting Engineer who confirmed that the vehicle was in a dangerous state and had previously been involved in an accident.
On the morning of the trial the Company, Premier Panel Experts Limited trading as Premier Cars pleaded guilty to the charge under the Consumer Protection from Unfair Trading Regulations 2008. Given the seriousness of the charge, the judge imposed a fine of £4,500 – the maximum available given the guilty plea - and demanded that the business pay full costs totalling over £4,000.
The work of the Trading Standards service did not end there however. As well as ensuring that the disreputable trader had been punished, the consumer’s individual interests were protected as staff assisted her to lodge a claim with her credit card provider (who by law was also liable for goods supplied by a third party). After lengthy negotiations, the consumer received a refund of £7,665, the full purchase price of the car.
This one case neatly sums up the aims of the Trading Standards service in our community. To protect consumers’ interests and maintain a fair and safe trading environment for reputable businesses.
3. RIPA - The pressure group, Big Brother Watch, briefly made headlines recently with a report alleging that there is a ‘continuing trend of overzealous use of RIPA (Regulation of Investigatory Powers Act) surveillance powers by public and local authorities.’ Middlesbrough was named as one of 16 local authorities that have used the provisions more than 100 times between 2008 and 2011.
Unfortunately this sort of ill-informed media attention and reporting of a minority of cases has now led to a review of RIPA and any action will soon require authorisation from a magistrate. This is seen as an additional safeguard to the stringent measures put in place by local authorities.
All requests to conduct surveillance by Middlesbrough Council officers are considered at length in the relevant department and are then considered again by the council’s legal department to ensure that the applications are both necessary and proportionate. Stringent tests have to be met before authorisation is given. The vast majority of times we have used surveillance since 2008 is when we have been investigating the illegal sale of cigarettes from properties in Middlesbrough, with the associated damage to health and the economy that this brings. Benefit fraud investigation also accounted for a significant level of activity. These are serious large-scale problems in Middlesbrough and residents would expect their local council to be proactive in tackling them.
Endorsements of our methods were provided earlier in the year by the Office of Surveillance Commissioners, which already provides a rigorous independent assessment of our authorised surveillance activity. The report in April by the Office of the Surveillance Commissioners found that the majority of RIPA applications came from Middlesbrough Council’s Trading Standards department. The inspector concluded that the applications were all clearly necessary and proportionate and applications and authorisations were of a good standard.
Middlesbrough Council will shortly be introducing further procedures to comply with the requirement for endorsement of applications by the judiciary. I am confident that the level of activity in Middlesbrough would not be viewed as over-zealous by most residents. Our policy strikes a fair balance between the need for the respect of privacy and the protection of children’s health and the public purse. It is ironic that this Government continually calls for cuts in red tape for business, yet, despite the current well-established system of independent checks and balances, further bureaucracy is to be introduced which will detrimentally affect the capacity of local authorities and the courts.
4. One Planet Living - Big Lottery Grant Success - MiddlesbroughEnvironmentCity has coordinated a successful partnership bid to the Big Lottery Fund Communities Living Sustainably Programme for £998,828. The project will roll out a programme of community engagement in One Planet Living, tackling climate change and promoting healthy lifestyles. The project involves a number of partners, who will be funded through the grant, including Groundwork North East, West Middlesbrough Neighbourhood Trust, Middlesbrough and Stockton Mind and the Retired Senior Volunteers Programme. The overall aim of the programme will be to develop new and innovative ways of engaging communities in living sustainable lifestyles through activities such as saving energy, reducing and recycling waste, choosing active and sustainable travel options and growing their own food. The project will also include a number of pilot schemes including a volunteer cycle ranger scheme, recycling project for older people and developing local food enterprises. Many of the activities will support Council priorities through encouraging greater participation.
Middlesbrough is one of only 12 projects, from 300 applicants, to be funded through the programme. Communities Living Sustainably is a “test and learn” initiative and the Middlesbrough project will be working closely with others across the country to share findings and develop new ways of engaging communities. The project will run over five years, although most of the activity will take place in the next three years.
5. Doggy Fun Days - The Dog Warden attended the fourth annual Doggy Fun Day in Hemlington. It included free micro-chipping courtesy of Dogs Trust, a fun dog show, a Green Dog Walkers promotion, and various charity stalls. On the day we micro-chipped over 40 dogs and had over 50 entrants into the dog show. More than 20 new pledgers signed up to the Green Dog Walker volunteers scheme that is being piloted in Hemlington by both ward councillors.
A responsible dog ownership event was also held on 19 September at the CVS centre on the Greenway in Thorntree. The Dogs Trust offered basic veterinary checks, micro-chipping, neutering, worming and flea treatment free of charge. Over 40 dogs were micro-chipped and the veterinary checks were extremely popular.
6. University Ward Rat Service - A new service to control rats was launched recently in the University Ward. The Community Council was concerned that residents were experiencing problems with rats in their houses but not reporting them to the Council, who provide a heavily subsidised but chargeable service. The Community Council has allocated money for people in the University Ward to receive free rat treatments for a limited period to tackle the current issue. Before receiving the free service the resident must first agree to carry out proofing measures to their property to prevent a future re-infestation - the free treatment will be discontinued if they fail to do so. Members are asked to note that if they, request a pest control visit outside of University Ward, perhaps through the Once Stop Shop, the resident may be liable for a charge. It would be helpful if they explained this to residents.
7. Seagulls in Linthorpe - A petition has been received from people living in the Linthorpe ward asking for help with urban seagulls. This aquatic bird has moved inland to roost and nest in the Linthorpe area and is causing problems such as noise early in the morning and aggression from adult birds towards householders. The species is protected by law, which limits the assistance the Council is able to provide. The Pest Control Service Manager has written to local residents giving advice. We have also written to Natural England asking if they will come to a public meeting however they have declined to attend. The pest control service can also provide deterrent treatments to deter nesting as a chargeable service.
8. Empty Home Progressed - A long-term empty property in Gunnergate Lane, Marton, has been acquired by the Council and sold to a new owner who will bring it back into use. The property had been empty for at least 22 years and has attracted anti-social behaviour and has become dilapidated. Over the years various enforcement notices have been served on the owner - in 2010 the Council undertook various works to the property in default of the latest legal notice. As the property was continuing to deteriorate, with no real prospect of it being returned to use by the owner, and with debts owed to the Council, a decision was made to pursue an enforced sale (a legal process that allows the Council to sell a privately owned empty property to recover debts as a last resort). The sale of the property has completed and we will work with the new owner to ensure that the property is improved and returned to use in a timely manner.
9.Air Quality Update - The Council has this month submitted its Air Quality Update and Screening Assessment to central government for assessment. The report identifies the monitoring of air quality that is carried out in the borough along with evidence as to whether the air quality meets the standards set down in the legislation. The report confirms that there is no need to declare and Air Quality Management Area in the borough as air quality standards are currently met. DEFRA will review the submission and once they have confirmed that the report is acceptable it will be posted upon the Council's website.
- Alcohol Free Zones –"Alcohol Free Zones" across the town are more properly called Designated Public Place Orders (DPPO). The legislation and the powers available to tackle alcohol related problems within these areas remain the same. It is not an offence to consume alcohol within a designated area, but failure to comply with an officer's request to stop drinking and surrender alcohol without reasonable excuse is.
If an officer suspects that person has recently drunk alcohol or intends to drink alcohol in a DPPO, in order to prevent public nuisance and disorder, police can require a person to:
- stop drinking alcohol (or anything believed to be alcohol)
- hand over the containers they are drinking from (sealed or unsealed)
- hand over any other containers believed to contain alcohol
Areas in Middlesbrough covered by this legislation include parts of Middlehaven, Gresham, University and Park ward (only covering Albert Park), areas of North Ormesby, the area around Trimdon Avenue shops, Otterburn gardens shops (Kader and Brookfield), Langdon Square (Coulby Newham) and Broughton Avenue shops (Easterside). Maps of these bounded areas are available from the Neighbourhood Safety Team.
Julia Rostron
Executive Member for Community Protection
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