PUBLIC HEALTH & HOUSING WORKING GROUP

MINUTES OF MEETING 18.6.15

THE TERRACES HOTEL, STIRLING

Present:

David BrewsterWest Lothian

Janet StittInverclyde

Pat HoeyWest Dunbartonshire

Russell AndersonMoray

Lynn CrothersScottish Borders

Irene MorrisonNorth Lanarkshire

Lindsey-Anne McNeilGlasgow

Rob WestlandsEast Renfrewshire

Lilianne LauderMidlothian

Cathy McGoran North Ayrshire

Angus HoggHighland

Jacqui MiddletonArgyll & Bute

Fiona Patterson Perth & Kinross

David WilcoxFalkirk

Jamie Landwehr Dundee City Council

Danny Johnston Angus Council

Stuart Graham Edinburgh

Grant Taylor East Ayrshire

Lynn Parsler Clackmannanshire

Karen Keeley East Dunbartonshire

Brian Seditas South Ayrshire

Calum Keenan Renfrewshire

Helena Dewar Stirling

Gillian Scott Dumfries and Galloway

Marion Elphinstone Aberdeen City

No. / Detail / Who / When
1. / Apologies
Apologies were received from Gordon Lauder,Linda Bradley, Kirsty McGuigan, Joe Harkin and Andy Rooney.
2. / Arrangements for PHHWG business.
A reminder that whilst the chair of the group can be contacted via the g mail account mailto:he secretary address remains mailto:.
Brief discussion took place once again re the possibility of circulating information and raising queries via an electronic forum. Robert Westlands East Renfrewshire agreed to examine the viability of the use of an electronic forum. / RW
3. / Minutes of Previous Meeting on 19thMarch 2015.
The minutes of the previous meeting were agreed with a couple of minor amendments. In attendees Harry Preston attended from Stirling and in item 6. Housing North Lanarkshire issue S 186 Information Notices at the same time as S 30 Work Notices. In a.o.c.b. should read there were fruiting bodies evident.
4. / Matters Arising From Minutes Not Covered Elsewhere On The Agenda
No matters raised not covered elsewhere on the agenda.
5. / Animal Welfare and Licensing
a)Licensing
(i)The CIEH have produced conditions available via www.cieh.orgwebsite. The group were asked if there was widespread use of these conditions. To date there has not been but consideration is being given to their use. This item to be added to the next agenda.
(ii ) Irene Morrison North Lanarkshire had requested the circulation of a query from their trading standards section relating to imposing conditions which seek to prevent the use of animals from puppy farms. Replies to go direct to trading standards at North Lanarkshire.
b)Control of Dogs.
(i)Progress with Scotland wide LA/Police protocolControl of Dogs - National Protocol - 18 May 2015.doc attached.The Scottish Government have been facilitating the circulation of a protocol to clarify responsibility in relation to dog control between Local Authorities and Police Scotland. Local Authorities are keen to have their role clarified. The document has been circulated and comments are requested by 19th June.
Irene Morrison ( North Lanarkshire) asked if there was any appetite within the Scottish Government for changes to the Dangerous Dogs legislation. David Brewster advised that currently only minor amendments to the Control of Dogs legislation are proposed and agreement with the aforementioned protocol.
(ii)Policy intention for compulsory micro-chipping .David Brewster advised that the charity Dogs Trust were particularly keen to support this initiative. It is expected that the provision will be in place and enforceable by Local Authorities by 1st April 2016. A “ light touch “ approach has been suggested. No further detail is currently available.
(iii)Policy on monitoring following service of DCN( Isobel McCormick) South Lanarkshire.N Ayrshire Council advised they carry out monitoring of dogs following the service of a DCN and had reported a breach of a DCN to the PF which resulted in the destruction of the dog . General consensus was that as numbers of DCN’s increase reasonable monitoring can clearly prove onerous.. The issue of releasing of any information in relation to a DCN was discussed and it was noted that info cannot be released by the Council.Irene Morrison ( North Lanarkshire) asked how assessments were made of dogs in order to decide if a DCN is appropriate. Some Local Authorities have the dog visited and handled by the Authorised officer others asses how the dog is handled by the owner in various situations such as public areas, open spaces where other dogs are exercised.Others issue a DCN only on the basis of statements from witnesses. Guidance suggests that those issuing the DCN should have undertaken appropriate training in dog behaviour to allow the assessment to be made.
6. / Housing
  1. SHBVN Broadening of scope. David Brewster( chair) advised of alteration to the meeting formatof the Scottish Housing Best Value Network to host both the HMO national group, the LLreg national group, an adaptations group and a scheme of assistance and property condition group for a slight increase in the subscription fee currently paid by Local Authorities.Please contact LizDickson at SHBVN for further detail.
  2. Housing ( Scotland) Act 1987. Danny Johnston( Angus)asked what approach Local Authorities use when dealing with imminent danger related to electrical problems at properties.Some Local Authorities have required landlords to have electrical safety certification provided whilst others pay for the electrical check to be done, some have used Civic Govt (Scotland) Act S87(3)action where there are concerns for the occupiers safety.There are imminent changes to the requirements for private rented properties where electrical safety checks will need to be carried out. Stuart Graham suggested that there may even be scope for the use of an Abatement Notice using the “likely to cause” wording. The fitness of a landlord could also be called into question if the electrics are giving cause for concern.
  3. Housing ( Scotland) Act 2006
(i)Irene Morrison ( North Lanarkshire) Raised the issue of inspection of properties prior to the service of S30 Work Notices. Information must be gathered to allow a S 30 Notice to be drafted, guidance suggests that the property ,once the Work Notice has been complied with, must be in a good state of repair meaning that the items included in the Notice must be all matters which cause the property not to be in a good state of repair some of which may not be an issue to the residents some of which might also be matters which are individual. IM asked if there was any possibility of changes to the legislation to avoid work which may not be deemed to be strictly necessary to have to be included in Work Notices. See query S30.docx attached
(ii)Payment of missing shares – extension to Tenements Act decisions. LA’s can now pay missing shares where a decision under the Tenements Act has been made by the co-owners. Although apparently this appears a more streamlined approach it should be noted that in these circumstances the Local authority cannot charge interest on the missing share. missing shares presentation from Missing Shares 13 May 2015.pptmSHBVN info attached
  1. Caravan site licensing.
Angus Hogg ( Highland) asked if Local Authorities are licensing camping pod type structures. It has been suggested that should Planning dept have no interest in requesting Planning applications then no licensing is required.The definition of a caravan is so broad and may include tee pees, chalets or camping pods. David Brewster suggested Ross y be able to provide further info.They should be moveable.No further information is available currently from the Scottish Government regarding when the model standards will be available.
e.Housing – General . Richard Mowat ( East Renfrewshire)had asked Local Authorities what fees they charge following default work being carried out by the Council. Some Councils charge a percentage fee related to the cost of the work whilst others charge for the time officers have spent on the case. In relation to default works following Housing ( Scotland) Act 2006 action(s59 Housing ( Scotland) Act 2006) for guidancesuggesting expenses should relate to the cost to the Council rather than a percentage.
7. / Pest Control
  1. Pharoh’s Ants Public Health Significance? Stuart Graham EdinburghTherewas further discussion regarding this issue whilst Glasgow and Edinburgh, as well as other authorities, have deemed cockroaches and bed bugs insects of public health significance pharoh’s ants might also deemed to be similar in,for example, hospital settings there is also reference in the Scottish Government guidance that welfare of individuals should be considered in relation to insect nuisance however in general it was felt that Pharoh’s ants, rather like dermestes, were perhaps not in quite in the “league” of bed bugs and cockroaches.
b Campaign for Reduced Rodenticide Use – StewardshipSchemeThe scheme is now published on the CRRU website are both labelling requirements in relation to pesticides and training requirements which Local Authorities should be aware of.
8. / Public Health
a)Closed and abandoned mine shafts( Irene Morrison North Lanarkshire)
It is understood this item has been discussed at the pollution group. Many contaminated land officers carry out the monitoring in relation to mines and quarries. JS to circulate the responses received to date and furtherresponses should be sent to Moira Cartwright at North Lanarkshire.Fencing ofQuarries and Mines.docMine Shaft Inspection.xlsxThe investigation of statutory nuisance mineshafts.doc
attached
b)Disposal of the dead
(i). Questionnaire: request for information arrangements for the deceased- previously circulated.Lynn Crothers Scottish Borders Lynn has received 11 responses which she is reviewing she will contact Local Authorities direct and will provide an update at the next meeting.
(ii) Financial assessments for NAA funeral requests( Falkirk Council) There was a view that it may not be useful to ask about family financial circumstances that Local Authorities should only become involved in exceptional circumstances if the body is unclaimed not if the family are in financial hardship. The current situation also means that families have to make “up front” payments to funeral directors before they receive assistance at a later date.
c)Odour from domestic biomass heating system ( Fiona Patterson Perth and Kinross)Fiona outlined the situation they are dealing with where the smell is emanating from a hotel. An EPA S80 was served but was appealed and the Sherriff upheld the appeal. There has been a lot of experience of problems with the smoke and odour complaints from this type of heating system. There is some experience of the use of EPA. Further discussion may prove useful. Judgement attachedJudgement - Tyside Hotel.pdf attached
9. / Waste
a)Unpaid Dog Fouling Fixed Penalty Notices.( Irene Morrison North Lanarkshire )This matter was discussed at the recent NDWAmeeting. Legal advice suggests that these unpaid FPN’s can be viewed as an unpaid debt to the Council. They cannot be withdrawn.Some LA’s are reporting these to the PF successfully NLC PF opinion is that this is “ultra vires”can the group please lobby for a change in the legislation to mirror litter FPN’s ?See querydog fouling FPN.docx attached
b)EPA section 46 Return of bins ( Isobel McCormick) JS suggested that Isobel contact Jim Blair Inverclyde Council who has carried out some examination of the legislation.
10. / Water
a)Algal BloomsBathing water
(i)Use of ponds where there is an algal bloom. ( Lindsay Anne McNeil Glasgow)Local Authorities were asked about their policy in relation to this matter results of survey attached. The item had come to light due to a change in management at site. Policy onBlue Green Algae Blooms in Scotland.docx attached
b)Bathing Water. Nothing raised.
c)Mains Water – Scottish Waterborne Hazard Plan and Wastewater Pollution Incidents. Risk management guidance.This item was raised by DJ ( Angus) previously, however, has now been resolved regarding the chairing of waterborne incident control teams
d)Private waters –
(i)The PWS sub group were invited by the Scottish Government to report on the efficiency of UV treatment re colour.
(ii)The training event for EHO’s is due to take place at the end of September. It will be a two day event based in Peebles and designed for EHO’s in Authorities who have low numbers of PWS. Day 1 will cover policy, legislation and technical matters. Day 2 will involve a site visit, practical workshops etc. Further info will be sent out via the Southern Centre; numbers will be limited for practical reasons.
e)Waste water. Nothing raised.
11. / Professional Updates
a)REHIS ( Pat Hoey) Pat advised of the recent council meeting which took place last weekend. The annual forum in Clydebank in April was well received by delegates and was provided at a more affordable cost than the predecessor event.Pat also informed the group that Glasgow City Council environmental health team had been awarded a meritorious endeavours award. Brian Auld represented REHIS at the Scottish Government and gave evidence in relation to smoking. A cooling tower inspection course will take place on 15/16th September. The housing disrepair course recently run in Govanhill went well. The first free Environmental Health walking tour of Glasgow took place recently and was successful and will be run again.
b)Training needs.
(i)Public Health Update Course. JS has had contact from a number of individuals offering help. An initial meeting will be convened hopefully towards the end of the summer to discuss.
12. / Speaker for next meeting
Linda Fey (Life pod CIC) the speaker appearing at the Environmental Health Forum regarding hoarding interventions was suggested.JS will contact and invite to the next meeting Otherwise Zero Waste Scotland.
13. / AOCB
a)Sound insulation testing accreditation ( Lilianne Lauder Midlothian)Lilianne advised members of the group regarding the requirements that testers must be accredited to test and that their Local Authority had in fact refused noise reports due to the competency of testers. Lilianne agreed to send details of the 3 organisations who can accredit.
b)Irene Morrison informed the group of a course available via the BPCA on managing a pest control service. The cost is £850 +VAT therefore event needs at least 12 attendees. Please contact Irene if you are interested in attending.PC course.docxManaging your pest control contractor leaflet.pdf attached
c)Lynn Crothers advised that if Local Authorities remove abandoned vehicles of some value and are unable to trace the owner there is a duty to contact HPI . This is fairly costly ( £40 per month) What do Local Authorities do in these circumstances . Please contact LynnCrothers, > with any information regarding what Local Authorities do in these circumstances.
14. / Dates of next meetings
17thSept 2015
3rdDec 2015
17 March 2016