PUBLIC SERVICES AND HEALTH POLICY AND SCRUTINY COMMITTEE – 17 JUNE 2010
PART I –NOT DELEGATED
8.ANNUAL REVIEW OF THE FOOD LAW AND HEALTH AND SAFETY LAW ENFORCEMENT SERVICE PLANS
(DCES)
1.Summary
1.1To review the 2010/11 Food Law and Health and Safety Law Enforcement Service Plans; to recommend strategy on the Council’s statutory duties for 2010/11 and to obtain Committee approval for the proposals.
- Details
2.1The Section has been successful in recruiting to staff vacancies during the last 12 months and will be fully staffed in early June for the first time since 2002.
2.2The Council adopted the Food Law Enforcement Service Plan in December 2001 and the Health and Safety Law Enforcement Service Plan in February 2002.The Food Standards Agency (FSA) and the Health and Safety Executive (HSE) require the Plans to be reviewed on an annual basis and endorsed by the appropriate Committee of the Council. The review should identify any weaknesses or under-performance and should specify proposals to address any such issues.
2.3This report details the Review of the Enforcement Plans and progress to date against the Action Plan identified by the Food Standards Agency during their audit of the food enforcement service in June 2008. The Review is required to meet the Food Standards Agency Framework Agreement on Local Authority Food Law Enforcement and mandatory Section 18 guidance from the Health and Safety Executive. These Service Plans are subject to consultation. The Plans have been advertised in the local newspaper and comments invited. Comments will be reported at Committee.
2.4The full update report on progress against the Food Standards Agency Action Plan appears elsewhere on this Committee agenda.
Food Law Enforcement
2.5Last year (2009/10) we met 100% of the target for high-risk inspections (22/22) and 79.4% for other risk (143/180). In addition, a further 43 inspections were undertaken in respect of new businesses and those premises where there was concern about a deterioration in management control. The performance in respect of other risk food premises is low due to very low risk food premises not being picked up on the computer system. The alternative inspection programme was planned for all low risk premises (category E) consists of sending out a self-appraisal form to these businesses which lead them through legal compliance by a series of questions. A 10% sample of returned questionnaires are due to be visited as control checks. All businesses not supplying a return are subject to an inspection as a matter of course. Administration procedures have been changed to ensure that both sample and non-return visits are identified at an early stage and passed to the Contractor for inspection.
2.6Part of the inspection relates to the adequacy of training for staff depending on their role in the food business. All applicants for Basic Food Hygiene Courses continue to be directed to the Watford Borough Council courses, which run every month.
2.7We continue to promote the “Safer Food, Better Business” national initiative which promotes the HACCP (Hazard Analysis Critical Control Points) legislative requirements to small and medium sized businesses. We have provided training events on the use of the resource pack, which details full compliance advice and all appropriate forms and documents for monitoring safety and hygiene in the food business. The inspection process includes one-to-one discussions with food operators around this resource (or any alternative employed by them) to ensure understanding and compliance with the requirement to have written procedures on controlling hazards within their operation. Future compliance inspections will be mainly based around this document to prove compliance on the control of risks, but will continue to include the condition of the premises and confidence in management.
2.8All high risk (category A and B and non-compliant C) premises have been undertaken in-house. The risk ratings of these premises have been converted to a “scores on the doors” assessment for display at the premises and these are also available on the Council website The scheme is intended to give members of the public choice when deciding on eating out but it is anticipated that the scheme will bring food safety to the forefront of commercial competition and lead to an even greater level of food safety compliance. Low performing businesses would be at a distinct disadvantage to those advertising a good star rating. A report was submitted to Members in January 2010 outlining the success of the scheme in driving improvements in food businesses within the district. This is allied to the time and effort given by the inspectors during planned inspections.
2.9Currently the contractor undertakes all compliant Category C inspections and revisits, and produces any letters in respect of contraventions, edited by TRDC staff. Our own staff undertake all enforcement action necessary as a result of our own high risk and contractor other risk inspections. The contractor will be undertaking both category C and D inspections this year.
2.10Members are reminded that the Commercial Standards Team undertake statutory duties other than food and health and safety enforcement, including infectious disease control, air quality monitoring and reporting, contaminated land enquiries and drainage issues in commercial premises
2.11Alternative inspection programmes are fully supported and advocated by the Food Standards Agency and also meet the recommendations of the Hampton Report in reducing administrative burdens on small businesses.
2.12The challenge to the decision by the Magistrates in respect of the “rats in the restaurant” case was heard in the High Court with the outcome that the case was returned to the Magistrates with an instruction to convict. This was duly done and the owners were fined £15,000 with costs. The owners subsequently lost an appeal against sentence and we are awaiting payment of all costs identified at the Hearings.
2.13We have worked closely with the primary producer of poultry and eggs to improve hygiene and food standards at the premises. This has involved close liaison with Hertfordshire Trading Standards and Veterinary Officers of DEFRA. A slow but steady improvement has been achieved.
2.14It has been well established that working closely with businesses brings long term benefits in terms of sustained, improved, standards of hygiene. The increased time and resource this necessitatesis a worthwhile investment in the long-term improvements to low-standard premises. Although enforcement remains the ultimate sanction for non-compliance, the results of resorting to this can be counter-productive.
Health and Safety Law Enforcement
2.15Last year (2009/10) we undertook 114 programmed inspections and also undertook a targeted inspection of a further 25 premises in relation to regional initiatives in respect of electrical safety in restaurant kitchens and hand carwash establishments.Staff shortages did not allow us to pursue the high level of falls in Residential Care establishments but we intend to pursue this during the coming year. Full details of this year’s proposed inspection programme are contained in the draft Enforcement Plan but, in summary, are as follows:
- All high risk health and safety premises receive an inspection at the frequency determined by the approved Local Authority Circular with inspections are carried out in accordance with the Health and Safety at Work etc. Act 1974 and Regulations, and Guidance made / issued in association with the Act.
- To investigate with the Primary Care Trust on the high level of falls by residents in Care Homes and to implement any identified programme/initiatives to reduce this number.
2.16During the year we received 116 accident notifications, 83 of which related to falls by elderly residents in Residential Care Homes. This continues to cause concern, although the residents are, typically in their 70s or 80s. It is proposed to discuss this issue with the Primary Care Trust to determine whether there is anything that be done to reduce the number of falls, either by physical means or by education of both residents and Care Home staff.
2.17A total of 57 enquiries relating to health and safety compliance were received during the year.
2.18New Section 18 Mandatory Guidance from the Health and Safety Executive has introduced requirements that all local authority health and safety enforcement officers demonstrate competence and knowledge in order to be properly authorised from 1 April 2011. The Commercial Standards Manager is working on policies and procedures to ensure that the Council can provide a sufficient number of qualified officers meeting the new criteria in order for the Council to undertake its statutory duties.
Customer Satisfaction
2.19Customer Satisfaction surveys are undertaken for both these services and satisfaction remains extremely high with our customers. All statistics and comments are subject to six-monthly reports to the Committee, along with the other EH performance reporting.
3.Options/Reasons for Recommendation
3.1To comply with the requirements of the Food Standards Agency Framework Agreement on Local Authority Food Law Enforcement and the Health and Safety Commission’s Mandatory Section 18 Guidance.
4.Policy/Budget Implications
4.1The recommendations in this report are within the Council’s agreed policy and budgets.
5.Financial Implications
5.1There are no revenue or capital implications as a result of this report.
6.Legal, Equal Opportunities, Staffing, Environmental, Customer Services Centre and Website Implications
6.1None specific as a result of this report. Staffing issues are detailed within the Plans themselves.
7.Community Safety Implications
7.1 The food and health & safety enforcement functions contribute to Community Safety by ensuring, as far as possible, that all food premises and Council-enforced commercial premises within the district are legally compliant.
8.Risk Management Implications
8.1The Council has agreed its risk management strategy which can be found on the website at The risk management implications of this report are detailed below.
8.2The subject of this report is covered by the Environmental Healthservice plan. Any risks resulting from this report will be included in the risk register and, if necessary, managed within this plan).
8.3 The following table gives the risks if the recommendation(s) are agreed, together with a scored assessment of their impact and likelihood:
Description of Risk / Impact / Likelihood1 / Failure to deliver the inspection programmes required by the Food Standards Agency or the Health and Safety Commission through insufficient staff resources. / II / E
8.4There are risks to the Council in rejecting the recommendations
Description of Risk / Impact / Likelihood2 / Failure to consider the report and approve proposals for service delivery for 2008/09 would be in breach of the national requirements / IV / D
3 / Failure to consider and approve the recommendations would limit any improvements to the food and health and safety services. / III / F
8.5Of the risks above the following are already included in service plans:
Description of Risk / Service PlanNo 3 / Insufficient staff / Environmental Health
8.6The above risks are plotted on the matrix below depending on the scored assessments of impact and likelihood, detailed definitions of which are included in the risk management strategy. The Council has determined its aversion to risk and is prepared to tolerate risks where the combination of impact and likelihood are plotted in the shaded area of the matrix. The remaining risks require a treatment plan.
Likelihood / A / Impact / LikelihoodB / V = Catastrophic / A = >98%
C / IV = Critical / B = 75% - 98%
D / 2 / III = Significant / C = 50% - 75%
E / 1 / II = Marginal / D = 25% - 50%
F / 3 / I = Negligible / E = 2% - 25%
I / II / III / IV / V / F = <2%
Impact
8.7In the officers’ opinion none of the new risks above, were they to come about, would seriously prejudice the achievement of the Strategic Plan, and are therefore operational risks. The effectiveness of treatment plans are reviewed by the Audit Committee annually.
9.Recommendations
9.1That Members note the review of the Plans for 2010/11,
9.2That Members approve the proposals for delivering the Food and Health and Safety enforcement functions for 2010/11,
9.3That the Chairman of the Public Services and Health Policy and Scrutiny Committee, the Portfolio Holder and the Director of Community and Environmental Services approve a one–page summary of 2010/11 performance and 2010/11 proposals to be submitted to Executive Committee for approval.
Report prepared by:John Scott, Commercial Standards Manager
Background Papers
Food Standards Agency Framework Agreement on Local Authority Food Enforcement.
Mandatory Section 18 Guidance from the health and Safety Commission.
Data Quality
Data sources: Environmental Health Northgate M3 computer software
Performance Plus computer software
Data checked by: Ted Massey and John Scott
Data rating:
1 / Poor2 / Sufficient /
3 / High
APPENDICES / ATTACHMENTS
Appendix 1 – Food Safety Service Plan 2010/11
Appendix 2 – Health and Safety Law Enforcement Service Plan 2010/11
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