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ENVIRONMENTAL AND CONSUMER PROTECTION

MINUTE of MEETING of the ENVIRONMENTAL AND CONSUMER PROTECTION COMMITTEE held in the Town and County Hall, Forfar on Tuesday 8 August 2000 at 4.00 pm.

Present: Councillors SHEENA WELSH, STEWART McGLYNN, IAN ANGUS, BILL CROWE, FRANK ELLIS, ALISTAIR GRAY, JOHN HENDERSON, IAN MACKINTOSH, JOY MOWATT, PETER MURPHY and BILL ROBERTON.

Apologies: Apologies for absence were intimated on behalf of Councillors ROBERT MYLES and PETER NIELD.

Councillor WELSH, Convener, in the Chair.

1. EXCLUSION OF PUBLIC AND PRESS

The Committee resolved, in terms of Standing Order 27(2) that the public and press be excluded from the meeting during consideration of item 2 below so as to avoid the disclosure of information which was exempt in terms of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973, paragraphs 6, 8 and 9.

2. ACCEPTANCE OF TENDERS

  1. Vehicle and Plant Tenders

    There was submitted Report No 691/00 by the Director of Environmental and Consumer Protection detailing tenders received for various vehicles and plant.

    The Committee agreed:-

    1. to note tenders received in respect of vehicles and plant individually valued up to £30,000 for which the Director of Environmental and Consumer Protection had delegated authority to act in terms of Section 16 and Appendix 1 of Financial Regulations, namely:-
      1. acceptance of the tender for the supply of one tractor from Reekie Grampian, Laurencekirk amounting to £22,750 ( (R & R funded); and
      2. acceptance of the tender for the supply of one UBC Can Baler/Densor from Portable Balers, Pershore Worcestershire amounting to £11,630 (Policy led budget);
    2. to approve acceptance of the tender for the supply of one 8 x 4 Chassis cab vehicle from Central Motors, Airdrie amounting to £47,839 each (Operating lease funded);
    3. to approve acceptance of the tender for the supply of one Hook Lift Demountable Body Systems from Logan Inglis Limited, Glasgow, amounting to £28,750 each (Operating lease funded);
    4. to approve acceptance of the tender for the supply of one 25 ton dumper from Volvo Construction Equipment Europe Limited, Stirling, amounting to £112,000 (Operating lease funded);
    5. to approve acceptance of the tender for the supply of one wheeled loader from Scot JCB Ltd, Dundee amounting to £53,100 (Operating lease funded); and
    6. to approve acceptance of the tender for the supply of one Terratrak Tractor from RH Young, Kirknewton, amounting to £34,500 (R & R funded).
  2. Vehicle Procurement ­ Tenders Exemption

    With reference to Article 24 of the minute of meeting of the Policy and Resources Committee of 7 December 1999, and Article 14 of the minute of meeting of the Social Work Committee of 18 April 2000, there was submitted Report No 756/00 by the Director of Environmental and Consumer Protection seeking approval for exemption from the normal tendering requirements under Financial Regulation 13 for the procurement of two refuse collection vehicles and two mini-buses.

    The Committee agreed:-

    1. to extend the tenders approved on 7 December 1999 (Report No 1270/99) to include the procurement through operating lease, of a further two refuse collection vehicles at the contract prices quoted at tender:-
      • Vehicle chassis ­ £56,783 each from Central Motors Ltd., Airdrie.
      • Intermittent collection body ­ £50,700 each from PDE Geesink, Pontyclun.
      • Low level split automatic bin lifter ­ £15,350 each from Zoeller Waste Systems, Redditch.
    2. to extend the tenders approved on 18 April 2000 (Report No 385/00) to include the procurement through operating lease, of a further two minibuses for Social Work at the contract prices quoted at tender:-
      • Vehicle for conversion ­ £17,100 each from A M Philip, Forfar.
      • Conversion ­ £17,180 each from Mellor Vancraft, Rochdale; and
    3. to exempt the procurement from normal tendering procedures.

3. MINUTE OF PREVIOUS MEETING

The minute of meeting of this Committee of 23 May 2000 was approved as a correct record and signed by the Convener.

4. RECYCLING STATISTICS AND RECYCLING PLAN UPDATE 1999/2000

With reference to Article 9(a) of the minute of meeting of this Committee of 10 August 1999, there was submitted Report No 757/00 (16k) by the Director of Environmental and Consumer Protection providing an update on the situation regarding re-cycling and outlining progress in relation to the Council's re-cycling plan and related activities.

The Convener, on behalf of the Committee congratulated the Council for its excellent performance in the field of re-cycling and particularly the work of Morag Grant, Recycling Officer.

The Convener also referred to the recent achievement of Angus Council in being awarded the "1999 Directory Re-cycling Award", for managing to collect 7 tons of Yellow Pages for re-cycling.

The Committee agreed to note the contents of the Report.

5. HEALTH AND SAFETY

  1. Health and Safety Annual Report ­ Environmental and Consumer Protection Department

    There was submitted Report No 758/00 (12k) by the Director of Environmental and Consumer Protection highlighting the work undertaken during 1999/2000 on Health and Safety issues within the Department. The Report indicated that the Department had established a Core Safety Group in 1997 as a means of keeping all health, safety and welfare issues under review, and identified the current issues that were being taken forward by the Group.

    The Committee agreed to note the contents of the Report.

  2. Health and Safety at Work ­ Arrangement for Transfer of Responsibilities

    There was submitted Report No 759/00 (9k) by the Director of Environmental and Consumer Protection concerning the Health and Safety (Enforcing Authority) Regulations 1998, which defined the division of enforcement responsibilities between the Health and Safety Executive and local authorities. The Regulations allowed for local transfer of enforcement responsibility from one authority to another, although this could only be undertaken by agreement between the two enforcing authorities involved. The Report outlined the proposal to designate the Director of Environmental and Consumer Protection and the Head of Environmental Health as the suitably authorised senior officials to endorse any agreed transfers.

    The Committee agreed to designate the Director of Environmental and Consumer Protection and the Head of Environmental Health as Angus Council's officials to endorse any agreed transfer of enforcement responsibility in terms of the Health and Safety (Enforcing Authority) Regulations 1998.

  3. The Health and Safety Executive/Local Authority Enforcement Liaison Committee (HELA) Protocol for Inter-Authority Auditing

    There was submitted Report No 760/00 (13k) by the Director of Environmental and Consumer Protection concerning the recent publication of the Protocol for Inter-Authority Auditing of Local Authorities Management of Health and Safety Enforcement. The HELA Protocol would formalise and standardise the Best Value process and had been designed to be used within the present Inter-Authority Liaison Group system or by an external auditor.

    The Committee agreed:-

    1. to note the contents of the Report; and
    2. to note that, from the documentation associated with the Protocol, it would appear that additional funding from the Government might not be available for the implementation of the Protocol.
  4. Revitalising Health and Safety Strategy Statement

With reference to Article 3 of the minute of meeting of this Committee of 11 January 2000, there was submitted Report No 761/00 (13k) by the Director of Environmental and Consumer Protection concerning the revitalising of the Health and Safety Strategy, which had been produced by Central Government and the Health and Safety Commission. Whilst the revitalisation of the Health and Safety Strategy and the definition of safety targets were to be welcomed, it was, however, regrettable that Central Government had failed to recognise the work undertaken by local authorities in the field of health and safety enforcement when launching the Strategy in June 2000.

The Committee agreed:-

  1. to note the contents of the Report; and
  2. that the Director of Environmental and Consumer Protection inform the Local Authority Unit of the Health and Safety Executive, of the Committee's concerns that the Strategy failed to recognise the central role that Local Government played in the enforcement of Health and Safety Legislation.

6. TAYSIDE ORAL HEALTH STRATEGY: CONSULTATION DOCUMENT

There was submitted Joint Report No 762/00 by the Director of Environmental and Consumer Protection, the Director of Social Work and the Director of Education informing members of the publication by Tayside Health Board and Tayside Primary Care NHS Trust of a Consultation Document entitled "Tayside Oral Health Strategy" and seeking approval of the Council's response to the consultation exercise.

The Report concluded that the Strategy was to be welcomed as providing a useful starting point in the process on developing Oral Health Strategy for Tayside, although it was clear that a considerable amount of work would require to be undertaken in the local area to ensure that available resources could be articulated more effectively to the needs of Angus residents.

The Committee, for its interest, agreed:-

  1. to note the contents of the Report; and
  2. to approve the Council's response to the Consultation Exercise, subject to the inclusion at para. 3.4 that dental services should be free at the point of delivery, the deletion at para. 3.5 of the third sentence, and the insertion in the fourth sentence of "As a practical alternative for those who wish", in place of "In the meantime".

7. AUTHORISATION OF OFFICERS

There was submitted Report No 763/00 (12k) by the Director of Environmental and Consumer Protection giving details of new regulations relating to the keeping, movement and identification of bovine farm animals and highlighting the requirement to authorise officers to enforce the Regulations. The Report indicated that enforcement fell mainly within the duties of Animal Health and Welfare Officers but, as a back-up measure, qualified Environmental Health Officers should also be authorised. Approval of the proposals contained in the Report would bring the Department up-to-date with legal requirements to have Officers duly authorised to carry out duties assigned.

The Committee agreed to authorise the Council's Environmental Health Officers and the two Officers qualified in Animal Health and Welfare duties, under the European Communities Act 1972 and the Agriculture (Miscellaneous Provisions) Act 1968 for the purpose of enforcing legislation relating to animal health and welfare made by or under these Acts.

8 THE FOOD STANDARDS AGENCY'S PROPOSALS FOR THE MONITORING AND AUDITING OF FOOD LAW ENFORCEMENT

There was submitted Report No 764/00 (18k) by the Director of Environmental and Consumer Protection concerning the Food Standards Agency's recently published proposals on the Monitoring and Auditing of Food Authorities. The Report indicated that documentation concerning the proposals had been received in the Department on 11 May with a request for comments to be made to the Food Standards Agency by 3 July 2000. It had therefore been received too late to report the proposals to the Committee of 23 May 2000 and a response had been submitted, the basis of which was contained in the Report.

The Report highlighted that if no new resources were made available from the Government, inevitably other work, including local priorities would suffer and that there would, in the circumstances, need to be a critical reprioritisation in the Department, in order to deal with competing demands within an increasingly restricted budget.

The Committee agreed to note the contents of the Report.

9. DELEGATED AUTHORITY FOR BUTCHERS' LICENSING

With reference to Article 10 of the minute of meeting of this Committee of 23 May 2000 there was submitted Report No 765/00 (9k) by the Director of Environmental and Consumer Protection concerning the implementation of the Butchers' Shops Licensing Scheme. The Report indicated that the Food Safety (General Food Hygiene) (Butchers' Shops) Amendment ­ (Scotland) Regulations 2000 would require all Butchers' Shops which handled and sold raw meat and ready-to-eat food to be licensed by the Food Authority by 2 October 2000. As the Council would be receiving applications from local Butchers, etc. during July and August, it was felt prudent that delegated authority be given to the Director of Environmental and Consumer Protection and the Head of Environmental Health to enable the Council to meet the legally defined time period in which to process applications.

The Committee agreed:-

  1. to delegate powers to the Director of Environmental and Consumer Protection and the Head of Environmental Health to grant or reject applications made to the Council in terms of the Food Safety (General Food Hygiene) (Butchers' Shops) Amendment ­ (Scotland) Regulations 2000;
  2. that the Director of Environmental and Consumer Protection submit a Report detailing the new responsibilities that had been placed on the Department in the last 12 months, with an indication of the additional financial burden placed on the Council, as a consequence of these new responsibilities; and
  3. that in recognition of their efforts, the Director of Environmental and Consumer Protection write to his staff recording the Committee's appreciation of their work.
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