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ANGUS COUNCIL

MINUTE of MEETING of the ENVIRONMENTAL AND CONSUMER PROTECTION COMMITTEE held in the Town and County Hall, Forfar on Tuesday 14 April 1998 at 4.00 pm.

Present: Councillors STEWART MOWATT, STEWART McGLYNN, GEORGE ALLAN, HELEN ANGUS, IAN ANGUS, WILLIAM CROWE, FRANK ELLIS, Mrs RENATE LAMONT, GLENNIS MIDDLETON, Mrs KATHLEEN RITCHIE, DAVID SELFRIDGE, RICHARD SPEIRS and THOMAS I N YOUNG.

Councillor MOWATT, Convener, in the Chair.

1. EXCLUSION OF PUBLIC AND PRESS

The Committee resolved, in terms of Standing Order No 27(2), that the public and press be excluded during consideration of item 2 below so as to avoid the disclosure of information which was exempt in terms of Schedule 7A of the Local Government (Scotland) Act 1973, paragraphs 6, 8 and 9.

2. TENDERS

(a) Vehicle Tenders - Supply of Trailers

There was submitted Report No 377/98 by the Director of Environmental and Consumer Protection on tenders received for the supply of trailers.

The Committee agreed:-

(i) to note the tenders received;

(ii) to homologate the action taken by the Director of Environmental and Consumer Protection in consultation with the Convener in accepting the tender for the supply of one low load trailer from Key Trailers, Milnathort, in the amount of £2,423; and

(iii) to homologate the action taken by the Director of Environmental and Consumer Protection in consultation with the Convener in accepting the tender for the supply of one box van with tilt deck from A M Phillip, Forfar, in the amount of £2,624.

(b) Vehicle Tenders - Refuse Collection Vehicles

With reference to Article 7(a) of the minute of meeting of Angus Council of 18 December 1997, there was submitted Report No 399/98 by the Director of Environmental and Consumer Protection recommending, for the reasons outlined in the Report, the extension of the previous tender for the procurement of two refuse collection vehicles.

The Committee agreed:-

(i) to approve the extension of the tender which had previously been approved by the Council (Report No 1269/97) for refuse collection vehicles, to include the procurement through operational lease of a further two refuse collection vehicles from the firms listed in Report No 399/98 at the contract price quoted in the December tender; and

(ii) to exempt this procurement from normal tendering procedures.

3. MINUTE OF PREVIOUS MEETING

The minute of meeting of this Committee of 24 February 1998 was approved as a correct record and signed by the Convener.

At the request of the Convener, the Committee agreed that the following additional item be considered.

4. CARAVAN DISASTER AT ARBROATH

The Convener referred to a recent tragedy in which a child had been killed in a caravan at Arbroath due to carbon monoxide poisoning. He advised that the Director of Environmental and Consumer Protection would re-issue guidance on safety of gas appliances on caravan sites in Angus and urged members of the public to have appliances installed by CORGI registered engineers.

Members joined with the Convener in expressing sympathy to the family and urging prevention of further accidents by following the guidelines.

5. SEEDCRUSHERS, ELLIOT, ARBROATH

With reference to Article 6 of the minute of meeting of this Committee of 24 February 1998, wherein it was agreed that an updated study by Dr Roworth on "Perceptions of the General Practitioners on Consultation Rates, Possibly Related to Oil Seedcrushing Activity in Arbroath" be submitted to this Committee, the Convener advised that the Report on the matter was not yet available.

The Committee agreed that this item be deferred to the next ordinary meeting on 24 May 1998.

6. LANDFILL TAX

(a) Review of the Operation and Level of Landfill Tax

With reference to Article 17 of the minute of meeting of the Policy and Resources Committee of 9 December 1997, there was submitted Report No 383/98 by the Director of Environmental and Consumer Protection (a) reminding the Committee that as part of the 1997 budget, the Chancellor had announced a review of the operation and level of landfill tax, (b) advising that the findings of the review had been published as part of the 1998 budget, (c) outlining the main outcomes arising from the review in relation to the Council’s waste management operations, and (d) setting out the financial implications.

The Committee agreed:-

(i) to note the contents of the Report; and

(ii) to note that the level of landfill tax for waste at the standard rate would rise from £7 to £10 per tonne from 1 April 1999 and that this increase would require to be accommodated by the Council in future.

(b) Allocation of Eligible Landfill Tax Contributions to Angus Environmental Trust

With reference to Article 6 of the minute of meeting of this Committee of 30 September 1997, there was submitted Report No 384/98 by the Director of Environmental and Consumer Protection (a) advising that landfill tax regulations prescribed that 20% of the landfill tax liability could be paid to Environmental Trusts by landfill site operators, (b) proposing that payment be made by the Council to the Angus Environmental Trust twice yearly in April and October to accommodate the Angus Council landfill tax year and (c) recommending that the Council should pay the maximum contribution allowable under the Environmental Bodies Credit Scheme.

The Report indicated that regulations also prescribed that funds diverted to the Environmental Trust from landfill tax could only contribute 90% of the payment to the Trust and that on each payment date a balance of 10% would require to be met from Council resources.

The Committee agreed:-

(i) to approve the payment, twice yearly, of 20% of the landfill tax to the Angus Environmental Trust; and

(ii) to approve the payment of the 10% balance to Angus Environmental Trust, to be met from appropriate Council resources identified by the Director of Finance in conjunction with the Director of Environmental and Consumer Protection.

7. GOOD ENFORCEMENT CONCORDAT

There was submitted Report No 385/98 by the Director of Environmental and Consumer Protection advising of the introduction of a national Good Enforcement Concordat to be adhered to by enforcement agencies in both Central and Local Government.

The Concordat set out the principles of good enforcement covering policy and procedures in relation to standards of service and performance. It also set out a procedure for complaining if service was poor. The Report indicated that it was likely that COSLA would be involved in the official launch of the agreement in Scotland.

The Committee agreed to note the contents of the Good Enforcement Concordat appended to Report No 385/98 and endorsed its implementation within Angus in respect of the enforcement activities of the Environmental and Consumer Protection Department.

8. PROPOSED LICENSING OF BUTCHERS SHOPS - DRAFT FOOD SAFETY (GENERAL FOOD HYGIENE) (BUTCHERS SHOPS) AMENDMENT REGULATIONS 1998

There was submitted Report No 386/98 by the Director of Environmental and Consumer Protection advising that the Government was seeking comments on proposed amendments to the Food Safety (General Food Hygiene) Regulations 1995 to licence shops handling and selling unwrapped meat.

The Report set out the key proposals in relation to the licensing of butchers shops, and commented on the proposed amendments to the Regulations. In particular, the Report supported the amendment to present food legislation to enable a butchers shop to be closed immediately upon the licence being suspended or revoked, rather than allowing the business to operate until the appeal.

Having noted that travelling vendors would be licensed by the area in which they resided, the Committee agreed:-

(i) to note the content of the Report;

(ii) to forward a copy of the "Comments on Consultation" part of Report No 386/98 to COSLA and the Scottish Office as the Council’s contribution to the consultation process; and

(iii) to authorise the Director of Environmental and Consumer Protection to inform the proprietors of butchers shops of the proposed changes to the legislation as part of the Food Hygiene Partnership commitment.

9. WINTER OPENING OF TOILETS AT MILTON OF CLOVA

With reference to Article 3 of the minute of meeting of this Committee of 30 September 1997, there was submitted Report No 387/98 by the Director of Environmental and Consumer Protection reporting on the results of an assessment of the first winter opening of the Glen Clova public toilets.

Having noted that the trial opening had been successful, the Committee agreed that the toilet block at Milton of Clova should continue to be opened on a weekend only basis during the winter months of October through to April each year.