TS Review January 2017

T H E T R A D I N G S TA N DA R D S J O U R NA L

January 2017 Issue 9

BMW Brand Protection

BMW WHEELS ARE TESTED BY EXPERTS. FAKE WHEELS ARE TESTED BY YOU.

In recent years the illegal counterfeit industry has tripled in size.

A growing concern demands global action.

Find out how you can help at bmw.co.uk/brandprotection.

www.bmw.co.uk/ brandprotection

The Ultimate Driving Machine

EDITORIAL BOARD Our guide to who’s who

Leon Livermore Chief executive, CTSI A er 25 years in local government, Leon joined the Chartered Trading Standards Institute as its chief executive in 2013.

Season of selfimprovement

sara barry head of safer communities, Lincolnshire CC Sara has promoted risk reduction while guiding Lincolnshire Trading Standards Service through major budget cuts. She is now chair of CTSI Council.

Happy new year and welcome to the first TS Review of 2017. I hope this journal finds you refreshed, ready for the year ahead and sticking to your resolutions.

In the closing fortnight of 2016, the Payments Systems Regulator (PSR) resolved that banks must do more to tackle scams where people are tricked into

Welcome

Chris Fay // Editor-in-chief

transferring money to fraudsters. The regulator was responding to a supercomplaint from consumer group Which? and – short of a Christmas miracle – it will still be on the banks’ ‘to do’ list as you read this.

The complaint highlighted the problem of push fraud, whereby victims are conned into paying the wrong person. Banks clearly have a duty of care to their customers but, to be fair, demanding liability for every transfer to a fraudster – as suggested by Which? – is probably a step too far.

Melissa Dring Director of Policy, cTSI At the time of writing, Melissa worked with politicians and civil servants to make sure trading standards’ voice is heard in policy development.

But don’t think the banks are being let off the hook. CTSI and its friends at the National Trading Standards (NTS) Scams Team and Bournemouth University’s national centre of social work excellence believe more should be done to protect vulnerable victims. For what it’s worth, I share that view, too. I’ve got a tranche of balance text-alerts telling me that banks are pretty good at embracing technology, so why not for the purposes of good, as opposed to profit?

It wasn’t so long ago that a bank transfer took three days. CTSI, Bournmouth and NTS ask that vulnerable people should be able to self-declare their status and request a slower service. Then, perhaps, the loved one of a vulnerable customer could get a text alert if there is any suspicious activity – before the money is lost forever.

Measures announced by the Payment Strategy Forum to ensure the payee

Dr Louise M Hassan reader in managerial studies, bangor business school Louise’s research interests are international in nature, and focus on transformative consumer research.

account number, sort code and account name match before a transaction is processed are welcome, but will take until 2020 to implement.

The season of goodwill may be over, but it’s still the season for selfimprovement.

Thanks for reading.

3

EDITORIAL BOARD Editorial enquiries: Carina Bailey // Tel. 0345 608 9468 // Email. tsreview@tsi.org.uk

Illustrations. Paddy Mills

Advertising enquiries: Judith Thurston // Tel. 01268 582221 // Email. advertising@tsi.org.uk

chris fay editor-in-chief

Carina Bailey Editor

Christine Heemskerk Independent consultant Christine is a self-employed consultant to the trading standards profession.

Melissa Dring policy columnist

Mike Sewell Managing director, CPL Mike is MD of award-winning content agency CPL, which produces both TS Today and TS Review.

Louise Parfitt writer

matt allwright columnist

Debra nelson ART DIRECTOR

TS Review is part of a family of publications published by the Chartered Trading Standards Institute. It is wri en, designed and produced by CPL (Cambridge Publishers Ltd).

Tel. 01223 477411 // www.cpl.co.uk // @CPLCambridge

Adrian Simpson service director (commercial services) CTSI Adrian is a former trading standards officer with an academic background in journalism.

ISSN 2058-3656 See CTSI’s monthly TS Today magazine online at www.tradingstandards.uk/tstoday Download the app: search TS Today at

About the Chartered Trading Standards Institute: www.tradingstandards.uk // Tel. 01268 582200 1 Sylvan Court, Sylvan Way, Southfields Business Park, Basildon SS15 6TH The opinions expressed in editorial material do not necessarily represent the views of CTSI.

We encourage your feedback. Write to tsreview@tsi.org.uk or comment at CharteredTradingStandardsInstitute

4

@ctsi_uk

Chartered Trading Standards Institute

No, it’s not a printing error... If you are puzzling over the illustration on the spine of your copy of TS Review, let us explain. It’s simply one of a four-part graphic that builds into the full TS Review logo over the course of a year. Stack all four issues together on your bookshelf to create your own library.

/TeamCTSI

Gareth Walters Team Leader, Monmouthshire trading standards service Gareth is trading standards and animal health team leader for Monmouthshire CC. He became a CTSI Fellow in 2013.

Contents 8

24

36

January 2017

24-30

6–10

digest Trading standards in the news

T H E T R A D I N G S TA N DA R D S J O U R NA L

11

32-35

abstracts Quotes and stats from TS Today

12-14

analysis National Audit Office report

15

viewpoint Broadcaster Ma Allwright has his say

16-17

viewpoint Policy debate

18-19

infographic Latest figures of allergen incidents

January 2017

Academia: e-cigarettes Latest research reveals how the online e-cigare e market is evolving

January 2017 Issue 9

20 cover story Just three years a er ‘horsegate’, should the food industry be trusted to regulate itself?

spotlight: Anne Godfrey The notorious ‘fixer’ sets out the challenges in environmental health

36-40

Scottish consumer landscape A look back at more than a decade of upheaval

41-44

CPPD training Contingencies and resilience

46-49

Legal Psychoactive Substances Act 2016 and solvents

50

DOWntime Looking back... at the year that was

5

Digest

Liverpool proposes referendum on increasing council tax Residents of Liverpool may be asked to take part in a referendum to see if they would be willing to pay more council tax to maintain essential public services.

Liverpool Council needs to find £90m in savings over the next three years – on top of the £330m it has delivered since 2010. Without an increase in council tax, the authority faces a 50 per cent cut to all its services.

CASH SHORTFALL

Lancashire County Council’s financial reserves will be gone by April 2019, and it will have a deficit of almost £400m by 2021, according to PricewaterhouseCoopers.

Its report says the council’s long-term fiscal position is unsustainable, even if it makes further significant savings. The council says it cannot continue to make cuts and still provide its statutory services – including trading standards services.

ROYAL MAIL PROMISES ACTION ON SCAMS

Clampdown on bosses behind nuisance calls Business chiefs behind firms that make nuisance calls could be fined up to £500,000 each when Privacy and Electronic Communications Regulations come into effect in spring 2017.

The Information Commissioner’s Office will be able to charge

A er a meeting with the Minister for Business, Margot James, Royal Mail is coordinating an industry-wide response to tackle fraudulent mail at its source.

Measures will include: • An industry-wide code of practice, developed

by Royal Mail and supported by firms including Whistl and UK Mail • Engaging at a European level with other postal operators • Commissioning dedicated research into postal scams

both directors and companies in breach of the regulations.

Currently, only businesses are liable for fines, but many declare bankruptcy, and then reopen under a different name.

6

Sources: TS Today Nov – Dec 2016 www.tradingstandards.uk/tstoday

Retailers that failed a national test-purchase operation and sold nicotine-inhaling products (NIPs) to children and young people are now fully compliant with the law, a new report has found.

Misleading and confusing pricing tactics targeted by new guidance New guidance aimed at

(CMA) did not find that the

recommendations made

stopping retailers using

practices were widespread,

by the CMA, particularly

misleading and confusing

but recommended

on unit pricing, which it

pricing tactics has been

measures to give shoppers

is hoped could become

published by CTSI to help

greater clarity and

a useful tool allowing

consumers get a fair deal.

confidence that they are

shoppers to compare prices

Guidance for Traders on

getting a fair deal. These

more easily.

Pricing Practices replaces

included updating pricing

the former Department

practices guidance.

for Business, Innovation

The new guidance gives

Consumer minister Margot James said: ‘This new guide will help

and Skills’ Pricing Practices

an overview of consumer

traders give clear pricing

Guide. Its publication

protection law relating

information to their

comes after a Which?

to pricing and associated

customers, who should

investigation, complaints

practices for traders. While

be at the heart of every

from shoppers and a super-

the legislation has not

business.’

complaint on misleading

changed and retailers must

The guidance will

pricing practices in the

continue to comply with it,

supersede previous

grocery sector. Which? had

enforcers are likely to give

advice and has been

claimed that retailers were

retailers until April 2017 to

published on the

misleading and confusing

adjust to the new guidance.

government-funded www.

consumers by creating a

The Department for

businesscompanion.info

façade of savings that did

Business, Energy and

website, which is managed

not exist. The Competition

Industrial Strategy

by CTSI as part of its

and Markets Authority

is considering the

business education remit.

AVIAN FLU

Poultry and other captive birds must now be kept indoors in England, in a bid to stop a strain of avian flu spreading to the UK from mainland Europe. At the time of writing, the Prevention Zone remains in place for 30 days. Similar declarations have been made by the Scottish and Welsh governments.

January 2017

The report looks at business compliance with Nicotine Inhaling Products (Age of Sale & Proxy Purchasing) Regulations 2015, introduced last October.

It is a follow-up to a review of compliance carried out last year.

Digest

Underage NIPs sales fall

Businesses that made an illegal sale during the first review were re-tested. About 80 per cent of those that sold illegally in the first test purchase did not do so when revisited – and of those that did not sell, 90 per cent asked for proof of age.

Nicola Blackwood, the Public Health Minister, said: ‘It is really encouraging to see trading standards working closely with businesses to ensure NIPs are not sold to people under 18. This work supports our view that NIPs should only be used by smokers to quit smoking for good.’

The project was supported by the Department of Health and managed by CTSI.

7

Digest: Case study

Words. Julie Richards and Rachael Holden Images. Shu erstock

Out in the field The prosecution of

In November 2016, a harrowing case of animal cruelty

a farmer for animal

Standards (D&STS). The result was substantial: farmer

cruelty shows that poor welfare standards and lack of control of animal by-products will not be tolerated

was brought to court by Devon and Somerset Trading John Keedwell, 70, was fined £5,000 and banned from keeping sheep for life.

The case followed 12 months of work by D&STS. When we first visited Keedwell’s flock, we found carcasses of sheep scattered throughout the field where the sheep were kept, and several animals in such a weak state that they had to be destroyed. A subsequent visit revealed the true scale of the problem: piles of rotting carcasses left exposed to the elements, and numerous animals in poor condition and suffering from secondary ailments, such as orf and flystrike – all of which could

8

January 2017

advice and trading standards support.

It was a truly upsetting case, but one that brought home the importance of our work on animal welfare.

Since we formed the joint service, we have tried to maintain the strength of our work in this area. We may have fewer officers on the ground, but we have formed other links within the rural community, such as our Trading Standards Farming Partnership.

Because of the degree of suffering, the number of animals involved, the amount of animal by-products on the land in an advanced state of decomposition and improperly stored, and the lack of records made

by Keedwell – plus his apparent lack of remorse and unwillingness to act – we made the decision at the first visit to start gathering evidence to support a prosecution.

Without action, disease could have spread between livestock and wildlife, particularly as carcasses were left exposed – not to mention the huge amount of suffering involved for the animals.

Ensuring a good relationship with Animal Health and Plant Agency (APHA) officers was essential in helping us to make our case as strong as possible. Veterinary reports and results from the postmortem examinations were presented as evidence – showing live predation and ill-thrift* – were regarded by the bench as pivotal in helping them to reach their decision.

Taking on the case has given us a wealth of experience that we believe other officers facing similar cases could learn from.

Technology: Ensure you approach each visit armed with the correct technology. Restricted resources may mean there is not another officer to support you when gathering information, so make sure you feel confident using it – especially with animals moving around you.

Photographic evidence: Take lots of photos and video. It is tricky to balance being succinct with the need to provide sufficient material to illustrate the scale and seriousness of the problem. But do not cut down on evidential material if it adds value to the case, particularly when dealing with a large commercial enterprise.

Present good-quality colour images to the bench to look through as the evidence is heard: This was key in Keedwell’s trial in showing the scale of the problem and to illustrate the obvious neglect. The defence argued that the number of charges reflected a small proportion of Keedwell’s 1,400 animals, but our

TIMELINE OF EVENTS 27 September 2015: RSPCA inspector a ended Keedwell’s flock, a er complaints from a member of the public. Carcasses and a lame sheep were discovered.

1 October 2015: An APHA officer visited the land

a er a complaint from the public: 13 carcasses were found, including one in a watercourse, and a lamb in such a poor state that its eyes had been pecked out by birds while it was still alive.

2 October 2015: TSO and APHA officers found

21 carcasses sca ered among a flock of 500 sheep.

Pocket-book interview conducted with Keedwell.

Further carcasses were found, with some so badly decayed that it was impossible to tell how many there were – but officer estimated there were at least 33.

The flock was inspected and three lambs were in such a poor state that they were destroyed by the vet.

Keedwell was advised that a ewe needed treatment for flystrike. An animal by-products notice was served on Keedwell to dispose of the carcasses without undue delay at a proper facility.

6 October 2015: TSO and APHA vet went back

by appointment to check Keedwell had taken appropriate action. Numerous complaints were identified in the flock, including poor body condition scores, orf, an abscess and the same ewe still suffering from flystrike. Keedwell was interviewed under caution and a second pocket-book interview was conducted. Statements were obtained from: the RSPCA inspector; APHA officer; APHA senior veterinary officer; Keedwell’s own vets; the veterinary investigations officer, who carried out the postmortem examination; and the investigating officer from D&STS.

Digest: Case study

have been addressed if Keedwell had sought veterinary

13 October 2016: Keedwell convicted of 13 animal welfare offences at North Somerset Magistrates’ Court. He was handed a 16-week prison sentence, suspended for two years, and fined £5,000. He was also ordered to pay the full £6,363 prosecution costs and a victim surcharge of £80. He was banned from keeping sheep for life, suspended for four months to allow him to dispose of his current stock.

25 November 2016: Keedwell served the authority with a notice of appeal.

photographs offered evidence of a more chronic problem.

January 2017

9

Act promptly: Make an early assessment of the situation and speak with the vet about what offences have been committed and what the outcome may be. Establish if the animals are suffering unnecessarily and check that the vet is prepared to put this in a statement.

Take charge of the visit: The APHA vet is not an enforcement officer and will look to you for leadership.

Take notes onsite: As soon as you have reason to suspect an offence – and you are certain that there are sufficient grounds for instigating an investigation – caution the person at the earliest opportunity and take contemporaneous notes in your pocket book. The

Digest: Case study

evidence given during interviews onsite helped convince

THE CONVICTION In summing up their decision over Keedwell’s sentence, the bench said they felt that – a er 55 years of farming – he ought to have known the animals were suffering, and his failure to act appropriately caused multiple deaths. In mitigation, they considered his age (70), previous good character, the apparent good welfare of his ca­le herd, and the fact that, as a result of conviction, he had his farm assurance revoked, meaning a financial loss to his business. But they felt the offending was so serious that only a custodial sentence suspended for two years was appropriate, considering the totality of the ma­er.

the bench that Keedwell’s statements in court – about his intention to care for the animals, recent collection of carcasses and his apparent ignorance of the condition of individual animals – were considered contradictory.

Stay safe: Make sure you are informed about zoonotic diseases and are aware of your own health, safety and welfare when around large, possibly infected, animals.

The suffering may also affect you emotionally, but your role is to maintain professionalism, keep control of the situation, and investigate the matter thoroughly.

Countering the defence: The defence presented expert evidence of their own. Were we to do this again, we would arrange for the prosecution and the defence

Digest: Case study

experts to consult on the facts, to agree common areas and set out the points they cannot agree on. Because of the late submission, we did not have the opportunity to do this, which limited the ability of the prosecution expert to give an adequate response to the defence’s arguments.

The conviction We believe that the conviction justifies our initial conclusions that Keedwell did not have the time, resources or capability to farm sheep and maintain welfare standards. It also shows that if a farmer seeks advice from a vet or trading standards officer early, it could help prevent a prosecution if compliance is high.

Rachael Holden is business support team manager, and Julie Richardson a trading standards officer, at Devon and Somerset Trading Standards.

Footnote *Ill-thri means failure to grow, increase in weight or maintain weight in the presence of apparently adequate food supplies and in the absence of recognisable disease.

10

November 2016

I hold my breath the moment I am presented with the Schedule of Unused Material, as trading standards officers are often sadly unaware that this sometimes overlooked and neglected document reveals whether or not the author understands the disclosure regime LEE REYNOLDS­ ‘GIVEN IN EVIDENCE’

Membership income only pays for six per cent of CTSI’s activities, so there is a real need to maximise investment income and commercial opportunities

Across London, 2,072 fires involving white goods have been recorded since January 2011, with more than £118m estimated to have been lost from London’s economy as a result LONDON FIRE BRIGADE

Water companies spend approximately £88m a year clearing an estimated 360,000 blockages from sewers – and wet wipes are a key culprit

Abstracts

‘FLUSHING OUT THE FACTS’

SUE POWELL­ ‘REPORTING BACK’

From TS Today

Cyber security is one of the biggest issues of our time CHI ONWURAH­ LABOUR MP FOR NEWCASTLE UPON TYNE CENTRAL­ AND SHADOW MINISTER FOR BUSINESS­ ENERGY AND INDUSTRIAL STRATEGY­ SPEAKING AT THE LABOUR FRAUD FRINGE

Making directors responsible will stop them ducking away from fines by putting their company into liquidation. It will stop them leaving by the back door as the regulator comes through the front GEORGE MORAITIS­ ‘A FAMILY AFFAIR’

We can’t manage the budget without serious cuts and serious consequences. It’s a daunting task. A lot of the decisions we have made in the past – and many we will have to make in the future – have been heartbreaking LIVERPOOL MAYOR JOE ANDERSON ASKING CITIZENS IF THEY WOULD TAKE PART IN A REFERENDUM TO PAY MORE COUNCIL TAX

Source: TS Today Nov – Dec 2016 www.tradingstandards.uk/tstoday

More than 99 per cent (397) fake Apple chargers failed a basic safety test. Twelve were so poorly designed and constructed that they posed a risk of lethal electrocution to the user UNDERWRITERS LABORATORIES­ GLOBAL SAFETY CONSULTING AND CERTIFICATION COMPANY

If only 0.5 per cent of visitors to the Shop Direct website were affected by a misleading practice, that’s 21,000 consumers. If they each lost £5 because of malpractice, that’s £105,000 in just one day of trading on one website PAUL MILOSESKI-REID­ ‘CAUGHT BY THE WEB’

11

Local trading standards services are beginning to fail, leaving gaps in the consumer protection market, says a new National Audit Office report

Words. Louise Parfi

Analysis

Falling through the cracks The downsizing of trading

conditions for issues such

growth in online consumer

subject. ‘The question is,

standards services and loss

as the horsemeat and

fraud. Meanwhile, the

are we structured correctly

of resources have led to

hoverboards scandals, and

number of authorities

to address the issues new

gaps in coverage at a local

the ongoing problems with

holding specialist skills

technology has brought?’

level, according to a report

Whirlpool and VW.’

in e-crime – a national

asks Sara Barry, head of

priority area – has reduced

service in Lincolnshire.

into the performance of the

The creation of the

standards services no

by nine per cent since 2014,

system by the National

longer have sufficient

and only half of all services

National Trading Standards

Audit Office (NAO).

funding available to them

now have skills in this

(NTS) e-crime team has

to undertake significant

helped to tackle some of

left without adequate

enforcement cases, with

the incidents – but, as Lord

protection, as the service

20 services experiencing a

Harris points out: ‘The

struggles to cope after a

60 per cent drop in funding

sheer scale of the problem

56 per cent reduction in

since 2011. Some areas

means NTS is only

the number of full-time-

now have only one officer

able to address a small

equivalent officers in seven

to cover up to 263 pieces

proportion.’

years – from 3,534 in 2009

of legislation.

Consumers are being

to 1,561 in 2016 – and a loss of some specialist skills.

Leon Livermore, CTSI’s

12

Smaller trading

UK’s consumer protection

The NAO report concludes that the

Added to this gap in

system as a whole is not

protection is the rise in the threat from e-crime,

chief executive, says:

which is now the most

‘The amount spent on

recorded crime in the UK

local trading standards

and can affect anyone. The

has fallen from £213m

NAO report found that

in 2011 to £124m today,

scams to extract personal

so it’s not surprising the

information from the

system is struggling to

victim rose by 21 per cent

cope. It has left consumers

in 2015 and it says the

inadequately protected

government’s response

and has helped to set the

has not kept pace with the

GLORIA HUNNIFORD LOOSE WOMEN AUG

demonstrating it offers

‘I have lost all faith in banks.

I was a sitting duck in this.

It is not over for me in my head.

I feel violated.

I have no trust in the banks’

despite improvements

value for money. This is made since the previous report, in 2011, and the work of National Trading Standards in preventing around £345m of detriment to consumers since April 2014. Lord Harris says: ‘National priorities are

January 2017

ÂŁ1,160bn

36%

56%

46%

75

spend by UK consumers on goods and services in 2015

proportion of non-food retail sales conducted online in 2015-16

reduction in trading standards officers since 2009

reduction in nominal budgets for local authority trading standards services since 2011

average age of a victim of a massmarketing fraud

emerging from NTS, and

Graham Venn, adviser in

David Ellington,

the government has got to

regulatory matters, says

commercial services

provide means for that to

this figure is indicative of

manager at Newcastle

take place.’

insufficient resources and

City Council, used to work

gives rise to the question

across five district councils

the system not adapting

of where the ÂŁ124m that

and he found a larger

to the changing nature of

local trading standards

service model encouraged

commerce, as consumer

services received in 2015-

detriment becomes

16 is going.

There are failings with

increasingly national

‘The report concludes

and international, rather

that the system doesn’t

than local. According to

provide value for money,

the report, 75 per cent

but I am not sure where it

of funding is delivered

has got this from without

locally, where councils

giving further details of

have to balance resources

how this £124m is spent,’

with other issues, such as

Venn says. ‘I suspect –

social care.

looking at the cuts and

‘There is a question

gaps in the capacity of

‘more strategic direction, THERESA MAY FRAUD SPEECH FEB

better communication and

‘Fraud undermines the credibility of the economy, ruins businesses and causes untold distress to people of all walks of life’

work.’

joined-up, cross-border But Martin is nervous of jumping to structural transformation as a solution because local government change is very complex and timeconsuming. ‘It would not offer solutions in the short- or medium-term,’

about how the system as a

local trading standards

whole works,’ says Wendy

– that all the money isn’t

Martin, National Trading

getting to frontline officers.

Standards’ programme

If it is, then we need to

director. ‘We need a

look at whether the system

proper discussion with

we have got is the right

trading standards’ role

available and won’t solve

local and national trading

one to deliver consumer

should be,’ he says. ‘Then

fund shortages.’

standards professionals

protection with the current

we need to ask if our

and the government about

financial constraints.’

current system is the right

head of service at Cornwall

one in the context of a

Council, believes one of the

changing market.’

other recommendations

how best we resource trading standards.’ The NAO report

The recommendations of the report touch on defining what a trading

she says. Lord Harris agrees, warning that: ‘Restructuring doesn’t make more money

In response to funding

Stuart Benson, assistant

– to raise the profile of

identified that prioritisation

standards service is

issues, the NAO report

local trading standards

of the resources is

expected to deliver. Venn

found that some areas have

– would be helped by

difficult within current

believes this is a step in

formed joint services, such

the development of a

arrangements, because

the right direction, but

as Devon and Somerset,

performance standard,

only seven per cent of

should go further. ‘We

and a further 22 local

including stating key

local authorities are able

need the government to

trading standards services

performance indicators.

to organise their service to

acknowledge resource

have some kind of joint

reflect national priorities.

issues and define what

arrangement.

January 2017

Analysis

facts

‘The report touches on this in the sense that it

13

facts

Unknown

£14.8bn

£165m

200

average financial loss per victim of a mass marketing fraud, aged between 75 and 79 years

impact of consumer detriment on the economy

estimated value of consumer detriment that needed to be tackled by consumer protection bodies in 2014-15

estimated cost of the consumer protection system in 2015-16

approximate number of different bodies in the consumer protection system

Analysis

£4,500

media, along with – or

explains. Lord Harris

in place of – “consumer

agrees: ‘Civil powers

watchdogs”. This space

have got an important

seems to have been

role, but it must be

vacated somewhat over

remembered that the

the past few years.’

vast amount of trading

In the face of significant reductions, BARONESS CRAWLEY

the report recommends

‘Without doubt, the reduction in TSOs – and all the consequent loss of skill, expertise and experience – has led to an environment where fraudsters, especially those online, can operate more freely and do more harm to consumers’

rooted in criminal law.’

Baroness Crawley says

that new tools – such

the report is a wake-up

as the use of civil fining

call to the government

powers as a deterrent

to ‘get on the case

against unfair trading

urgently’ to protect

– could be available

British consumers. She

to trading standards

believes the looming

officers. Civil sanctions

Brexit negotiations will

are already used by

present consumers

agencies such as the

with fresher and more

Competition and Markets

risk-filled challenges – as

Authority – for example,

discussed in parliament

in the recent case against

in December – when

the drugs giant Pfizer.

the UK is no longer

Martin believes they

part of the EU alert

essentially stating what

could form a useful part

system for faulty or

it expects from trading

of trading standards’

dangerous goods.

standards. However, it

enforcement toolkit

would also be useful to

for technical offences,

what will happen, my

see more of a defined

but she is adamant

colleague Baroness

national brand, so that

that they should be in

Hayter has asked

local authority teams

addition to – not instead

the government to

can latch onto that,’ he

of – criminal sanctions.

undertake an urgent

refers to government

explains.

‘Most of the things

She says: ‘Fearing

audit of all the EU

we are dealing with are

consumer protections

requires development,

perpetrated by criminals,

that are at risk after

would become more

so need a criminal court

Brexit. We have yet to

evident when we see

with criminal sanctions

see what the government

trading standards

and associated proceeds-

will do.’

spokespeople on national

of-crime actions,’ Martin

‘The brand, which

14

standards cases are

Watch this space!

Letting away with it At last, the government has promised action on letting

running his business. Far better to harvest the fees, leave

agents’ fees – upfront, one-off charges made to tenants

desperate people out of pocket – and homeless – and

as a gateway to securing a home. In recent years, the

then disappear when it started to get a bit... erm... legal.

situation had become extreme. On one episode of Rogue

Which is exactly what he did. When we caught up with

Traders, we found a man in North West London who had

him on the balcony of one of his phantom flats, he offered

perfectly distilled the art of the dodgy letting agent.

to throw himself over the railing. We declined.

He worked out that an agent’s biggest problem in

It’s amazing that it’s taken a government so long to

this dog-eat-dog rental market was the need to offer a

get round to this change in the law. It’s possibly because

property. There is a chronic shortage of housing from

– up until recently – the private rental market had been

which to make an honest living by taking a percentage of

marginalised. Not so any more. Nine million people now

rent charged. The answer – as he saw it – was simple: just

rent. That’s a multi-billion pound market and, crucially, a

take the property out of the equation.

big part of the electorate. Although the fee ban was billed

Instead of

as helping the JAM –

representing landlords

Just About Managing

and taking his cut,

families – the reality is

this clever chappy just

that it will affect many

rented a few properties

more who have to move

from someone and

lock, stock and barrel

then – when desperate

every six months or

renters made enquiries

so, and who have to

– he showed them

go through the painful

round, as if the homes

process of property

were his to offer. Of

hunting and make

course, the poor renters

the hefty outlay that’s

handed over fees and

involved to secure their

deposits willy-nilly,

next place.

knowing that finding a half-decent property in North

It’s amazing, because agents’ fees clearly represented

West London is the equivalent of an away-win for

a conflict of interest – letting agents being in complete

Swansea City – they don’t crop up that often and, when

control, paid by two sides in the same transaction. That’s

they do, you have to celebrate their coming.

usually a starting point for lack of clarity. It’s no wonder

This agent simply took fees from as many customers

Viewpoint

Words. Ma Allwright // Illustrations. Paddy Mills and Will McPhail

we saw the process wide open to abuse.

as he could attract. He then, well, just kept those fees – and the keys. He’d worked out that he’d never make it as a legit agent, because he couldn’t balance a competitive percentage cut of the rental with the cost of

January 2017

Ma Allwright is a television presenter and journalist. He presents BBC programmes including Watchdog, Rogue Traders, The Housing Enforcers, and Saints and Scroungers.

15

The year that was – and the year to come Viewpoint

Words. Melissa Dring // Images. Shu erstock The more attentive among you will have noticed that

this result; less than a year ago, commentators openly

we have moved our first edition of TS Review for the

laughed at the idea of Donald Trump becoming the

year from February to January. So it is now incumbent

Republican candidate, let alone President Elect. This

upon me to participate in the great new-year tradition of

has been cast as America’s Brexit – and, if it is indeed

inaccurately forecasting the future. And as I am writing

a reflection of a major shift in politics, we should brace

this at the end of one of the most unpredictable political

ourselves for an avalanche of further shocks in 2017 as

years in recent memory, this seems a particularly foolish

France, Germany and the Netherlands hold crucial votes.

thing to do.

Since my last column, we have seen the election

In the UK, the impact of the European Union (EU) referendum is only just beginning to be felt. Even if

of possibly the most unlikely US President in history.

Article 50 is invoked in March, the government has

No matter your personal political views, few imagined

already floated the idea of a transitional deal under which the UK would retain many of its existing rights and obligations while a final trade deal is worked out – presumably in exchange for continuing fees to the EU. At this point, however, everything remains uncertain, with some less-than-reassuring rumours about the negotiation strategy – have your cake and eat it, anyone?

The short-term political ramifications are more immediate, with relatively few ministers from David Cameron’s government remaining in powerful cabinet positions within Theresa May’s administration.

Among all this, jam gained an unexpected status in 2016; first, it was touted – in an infamous tweet from the Department for International Trade – as a key innovative export that will prop up the economy, then later adopted as the nickname for the PM’s favoured people: the Just About Managing.

For the next few years, ministers will be dealing with the complexities of leaving the EU. This means other policy projects may be put on hold – but it does present an opportunity for trading standards, whose expertise in business regulation is sorely lacking in a government that will have to navigate its way through multiple trade deals.

16

January 2017

Fresh ministerial faces and an overall government narrative about levelling the playing field could also be advantageous for trading standards. We also have a consumer minister, Margot James, who has stated that she is committed to assisting the profession where she can. This will be crucial after the publication of the National Audit Office (NAO) review of the consumer protection landscape.

The report is packed full of useful research for the trading standards community, and sets out concisely the challenges for local authority services. Its use of figures from our Workforce Survey means that the report can draw an accurate picture of the resources available at a local level.

The recommendations are inevitably imprecise and leave room for interpretation, indicating the difficulty of finding solutions in this area.

It is also important to recognise the limited remit of the NAO in undertaking a study such as this: not to question government policy, but to scrutinise the way in which public money is spent to achieve government goals. Similarly, the Public Accounts Committee (PAC), to which the NAO is accountable, examines how – rather than why – public money is spent. But there is no doubt that the PAC is a powerful voice in influencing

recommendations in the review can go some way to addressing the concerns raised by the NAO. In the year ahead, we can look forward to more elections for local councils. This creates an opportunity for trading standards to enthuse newly elected members about the value of consumer protection, which could be government, and we hope that it will conduct an enquiry

particularly valuable in Scotland, given the potential for

on this report.

major landscape changes that lie ahead.

In some ways, the publication of the report just before

I, however, wish you a fond farewell, because this

Christmas was unfortunate and it will be our job to

is my last column as director of policy for CTSI. It has

ensure that it does not fall into obscurity.

been an absolute pleasure working with you, and I

There are some indications that the PAC will not call

sincerely hope that the profession can capitalise on the

an enquiry until a complementary NAO report – looking

opportunities in the year ahead, to address the challenges

at the treatment of vulnerable consumers in the regulated

facing trading standards.

sectors is published in spring. That will also allow the

The passion and dedication of the trading standards

government to complete the Cutting Red Tape review.

community has inspired me countless times and I hope

Recent announcements suggest there will be a focus on trading standards over other local authority regulators

Viewpoint

WE SHOULD BRACE OURSELVES FOR AN AVALANCHE OF FURTHER SHOCKS IN 2017

that I have, in some small way, inspired you to keep fighting for a sustainable future. Good luck!

and – in light of the ongoing Whirlpool case – a particular spotlight on product safety. It is hoped that the

January 2017

At the time of writing, Melissa Dring was policy director at CTSI.

17

Following regulation changes in December that require nutritional labelling to be mandatory for most pre-packed foods, we take a look at the latest figures for allergen incidents from the Food Standards Agency

% 2015/16

Allergens

%

%

ALLER % % %

%

2013/14

% % %

%

%

2012/13

2014/15

Largest contributors of total number of recorded incidents

2015/16

Microbiological contamination

Allergens

Chemical contamination

Environmental contamination

Natural chemical contamination

Veterinary medicines

Number of incidents reported by local authorities

2014/15

2012/13

2013/14

18

Pathogenic micro-organisms

Total number of incidents January 2017

GIC REACTION

� � ��

Top four allergen incidents by sub category

%

2015/16

%

%

2014/15

%

%

%

%

%

��

This data is unverified. The figures have not been checked against a published source. A degree of caution should be exercised when making year-on-year comparisons between this data and that from 2014 and previous years

��

%

2015/16 2013/14

%

Tree nuts

%

%

% %

Peanuts

%

Cereals containing gluten

Milk

Sulphites

Allergens

%

%

%

2012/13

%

%

Multiple allergens

Gluten

Other

Source: Food Standards Agency

January 2017

19

Food regulation

FOOD Words. Louise Parfi

LO

R E D L U O H S

EAR

D A E H

CHEEK

HAND

the Food Standards Agency is proposing that businesses be trusted

HOCK

Just three years on from horsegate,

to regulate themselves As resources come under increasing pressure, and the demand for food rises, the Food Standards Agency (FSA) wants to see businesses stepping up to take more responsibility for ensuring the food they supply is safe.

For those responsible for consumer protection on the ground, alarm bells are ringing – are we compromising

scandal of 2013. The uproar over horsemeat found

food safety standards to save money?

in food products was only discovered by regulatory

‘Can self-regulation of something so important as

intervention; the paperwork had not indicated an issue

the food we put into our bodies be trusted? How can

with supply. If independent surveillance is reduced, the

this be right or safe?’ asks Neil Moore, Welsh Local

fear is that there could be more instances of food fraud.

Government Association (WLGA) spokesperson for

‘Public mistrust as a result has not gone away,’ says

regulatory services.

Moore, ‘so how can we have a system that relies on food

Let’s cast our minds not so far back to the horsegate

20

businesses regulating themselves?’

January 2017

BE

regulatory systems such as the BRC Global Standard for Food, and Red Tractor,’ says Nina Purcell, director of

IN

Wales and local delivery at the FSA. ‘We need to tap into

RUMP

Y L L E B

this information and need good controls in place to help us use it.’

The idea is that, if a business can provide evidence that it is meeting regulatory requirements, it will not need

Food regulation

FIGHT as much intervention and support, allowing resources to be targeted at those that are not up to scratch.

‘It could mean that we deal more with the regulatory bodies rather than the business themselves,’ says David Pickering, trading standards manager for

LEG

Buckinghamshire and Surrey Trading Standards Service.

‘Businesses that take time and effort to get recognition for good practice will not get visited as often.’

All change How this new system will work is currently being thrashed out by the FSA, trading standards and businesses. Pickering, who is involved in discussions

HOC K

HOCK

with the FSA, says it is difficult to comment on detailed changes because, at the moment, the FSA wants to have a higher level view of where we are going and does not want to get bogged down in detail. ‘[The proposals] push responsibility to comply back to business,’ he says. ‘But where does the local authority fit in?’

One proposal is that new businesses will need to register for permits to trade, which will then be rolled out to existing food traders. Purcell explains: ‘This would help identify the level of support a business needs, and decide what assurance intervention is right for them. It should make the relationship between the FSA, local authorities and business stronger.’

The FSA, however, says the current inspection model

Purcell emphasises the importance of face-to-face

is a resource-intensive way of regulating the industry.

contact. She envisages a firm’s first point of contact

It wants to make use of the auditing systems and vast

will be its local authority, which will be involved with a

amounts of data many firms already have in place, and is

business from before it opens. There will probably be

proposing to use an assurance model that can be adapted

a charge for this service, which businesses are broadly

according to different types of food businesses.

happy with, according to Pickering. ‘But to whom is this

‘Many companies both have sophisticated internal systems and sampling methods in place, and use

January 2017

charge payable, and where will the money go?’

Leon Livermore, CTSI chief executive, says that the

21

MAKE YOUR VOICE HEARD You can raise any trading standards-related concerns or thoughts on the proposals via CTSI lead officers for food, David Pickering and Corinne Lowe, at lofood@ tsi.org.uk

THESE PROPOSALS ARE AT BEST A GAMBLE NEIL MOORE

Food regulation

You can contribute to the FSA’s discussion at #foodregulation, or email FutureDelivery@ foodstandards.gsi.gov.uk

most important thing is to ensure local businesses have

to send us some sort of online assurance that they meet

access to advice, especially where the business doesn’t

the requirements of the law. These proposals are – at

have in-house expertise. ‘We must ensure permit to trade

best – a gamble.’

is not prohibitive to businesses seeking advice,’ he says. ‘We would not want to put a cost barrier in the way of

businesses. ‘In no way will any business be “signed

public safety.’

off for life�,’ she says. ‘There will still be unannounced

Pickering says that businesses involved in the

inspections and we need to have local authority

consultation meetings seem broadly to be in agreement

professionals working with us on the ground. What this

that the assurance system could work for them, especially

system will give us is more flexibility and the information

the higher-level food manufacturers. While trading

to spot potential problems and arrange the support a

standards officers see the merits of an assurance scheme,

business needs – and that could take the form of a visit.’

they are less convinced of it working for smaller firms

She sees the role of Primary Authorities becoming

– which may lack the expertise and money to ensure

even more essential: ‘They will become more important

compliance and monitoring of the supply chain – and

in offering advice on how businesses can improve what

urge caution before making any changes too quickly.

they do. We hope the new system will encourage smaller

There are also questions being asked about where the justification comes from that food industry can

22

Purcell says that inspections will continue for all

businesses to have a Primary Authority relationship.’

regulate itself. In its 2015 annual report, the FSA found

End-recognition bodies

that 27 per cent of food incidents were reported by local

The information gathered by – and endorsement from

authorities, compared with 10 per cent by business.

– end-recognition bodies and accreditation schemes

‘There can be no justification to dilute our independent

will feed into the new system. Purcell recognises the

enforcement regime to the point where food businesses

accreditation system isn’t perfect as it stands, so she is

regulate themselves and the statutory agencies are held

proposing reviewing the system with the bodies involved,

off at arm’s length,’ says Moore. ‘We don’t believe that

and strengthening it where needed, so that accreditation

we can keep the public safe by leaving it to businesses

schemes count as an inspection model. She stresses that

January 2017

investigatory regime; instead we would expect an improved system of assurance in food, based upon the independence and professionalism of environmental health and trading standards officers,’ says Moore.

Updating the model for a digital age The timescale of change is uncertain, but Purcell wants to ensure some milestones are in place as the new year gets under way. She says that the driving reason for change is not because of pressure in local government, but because the FSA believes that the information is there to use and the model needs to be updated for a digital age.

TRADING STANDARDS OFFICERS ARE ABSOLUTELY CORE IN THIS PROCESS OF CHANGE

NINA PURCELL

‘Both the EU and CODEX [international food standards] are looking at models like this. The industry is making huge technological advances and we need to keep pace with it,’ she says.

Three-month pilot schemes with Tesco and Mitchells & Butlers – which operates restaurants and pubs across the UK – are scheduled to report in January 2017. The pilots are looking at the data held by food businesses, and comparing it with that held by local authorities. The FSA wants to see if the data businesses hold can be used to

end-recognition bodies should make unannounced visits and work collaboratively with trading standards.

Pickering welcomes the move to build stronger

‘Trading standards officers and environmental health officers are absolutely core in this process of change,’ Purcell says. ‘We want to work with the professionals

relationships between trading standards and end

so they have confidence in a new, more flexible system

recognition bodies because, at the moment, the

where resources are better targeted.’

relationship between the two is not as strong as it would

It has been noted, however, that the firms informing

need to be. ‘We need to look at how trading standards

government and the FSA are the ‘good’ ones that will buy

interacts with end-recognition bodies,’ he says, citing

into self-regulation, not the ones who may struggle.

the example of the feed industry, where it has been felt

Livermore agrees that proper safeguards are needed

the relationship is not mature enough to deal with any

to ensure the consumer is placed at the heart of new

disputes that may arise between them.

proposals, but he says CTSI is supportive of anything that

He believes mechanisms are needed to improve

delivers better and more efficient regulation. ‘We’ve been

communication between trading standards and

really impressed by the way the FSA is conducting this in

end-recognition bodies, including better sharing of

an open and engaged manner, and are encouraged by its

information and the devising of processes to follow,

willingness to move on the things we agree on, and have

if decisions are challenged.

discussions on things we don’t agree on,’ he says.

Pickering also says it needs to be made clear which

But, as the Directors of Public Protection Wales

responsibilities lie with a local authority, and who deals

calls for a devolved body for Wales – independent of

with the problem if an end-recognition body finds a

the FSA – and for continued support for the Wales

business is not meeting the required standards. The

Food Hygiene Rating Scheme, the WLGA says gaining

WLGA acknowledges there is benefit in accreditation and

public confidence on food safety relies on frequent,

third-party audits, but emphasises they should not be

independent inspections.

seen as replacing the need for independent food safety

‘We recognise that testing, tracking and tracing

auditing by a local authority. ‘We strongly contend that

ingredients comes at a cost,’ Moore says. ‘But not testing

the public does not deserve a weakened and diminished

them will cost society more.’

January 2017

Food regulation

provide assurance, and then work to refine it.

23

Words. Ben Richards Images. Shu erstock

Smoke screen We look at how the online

Academic research

e-cigare e market is evolving

The e-cigarette market has grown rapidly since they

Control (CDC) saying that switching to e-cigarettes is

were patented in 2003 and first sold in Europe in 2006.1

likely to be healthier than tobacco smoking.3

In May 2016, the Tobacco Products Directive (TPD) –

markets and, subsequently, are adapting to the

– was brought into UK law via the Tobacco and Related

development of online commerce, the e-cigarette market

Products Regulations 2016. According to Action on

has grown alongside the expansion of e-commerce

Smoking and Health, an estimated 2.8 million adults in

and globalised delivery networks, both online and

Great Britain currently vape, up from only 700,000 in

offline. However – up to this point – only the growth of

2012. The implementation of regulation will be the first

offline markets are well covered by research, with little

time e-cigarettes have been covered under a legislative

knowledge of how the online market works, business

framework, signalling a potential for change and maturity

attitudes and reactions to the TPD.

1

in this emerging market.

As with all developing markets, maturity signals

In support of the implementation of the new regulations – and to inform future policy-making –

opportunities and threats to the businesses that have

HMÂ Revenue and Customs commissioned IFF Research

developed. What makes e-cigarettes’ adolescence so

to provide an overview of the online e-cigarette market.

painful is that, as a Nicotine Inhaling Product (NIP), there will always be contentious debate over the health

About the survey

and lifestyle implications of vaping. Indeed, the product

To fulfil the aims of producing a report that would

divides opinion among experts, with the World Health

provide insight into the scale and characteristics of the

Organization (WHO) describing the safety of the products

online e-cigarette market, the research used a mixed-

as ‘illusive’ , and the US Federal Centers for Disease

methodology approach:

2

24

Unlike products that have developed in traditional

which contains the first specific measures on e-cigarettes

January 2017

SPONSORED BY

Online survey: What were your main motivations for first trying e-cigare es?

Total

38%

To help me to stop smoking traditional cigare es altogether

33% 18% 20%

To try something new I believe they are healthier than smoking tobacco Because they are cheaper than traditional cigare es Because my friends or family recommended them or use them

17% 16%

11% 11%

51%

58%

54% 53%

As an aid to quit

44%

22%

They are less harmful than cigare es

23%

18%

They are cheaper than tobacco products

8%

49% 23%

39% 28%

22% 17% 16%

15%

18%

â– Current user (base=251) â– Ex-user (base=183) â– Tried, but did not go on to use (base=128)

â—?A

51%

Base: All (562)

scoping exercise was conducted, which included a

literature review â—? 25

in-depth interviews were conducted with

Base: All current users (57)*

* = Base under 100 – treat with caution

tobacco. This conclusion was supported by the business interviews, which reported consumers’ motivations were mainly based on giving up. Many smaller firms indicated

e-cigarette businesses to produce qualitative findings

that their entry into the market had been facilitated by

about the market

personally wishing to quit and using e-cigarettes.

â—? 562

online surveys were compiled from consumer

panellists who used or tried using e-cigarettes â—? 176

quantitative face-to-face interviews with e-cigarette

The online survey indicated that consumer behaviour reflected the motivation to reduce or quit smoking.

Some 39 per cent of current smokers had reduced

users were carried out. This was conducted through the

the amount they smoked, and 64 per cent of former

ONS Omnibus survey, a random probability survey

smokers had stopped smoking completely through the

that is representative of adults in the UK

use of an e-cigarette.

The majority of this research – apart from the omnibus

Of the current regular smokers who had reduced

survey – is only indicative of trends within the market,

smoking through the use of an e-cigarette, 72 per cent

though it does provide the first insight into consumer

still used one – similar to the 67 per cent of the omnibus

trends and market behaviour.

panellists that used to smoke traditional tobacco and still

Motivation for using e-cigare es

used an e-cigarette.

The omnibus survey indicated that 38 per cent of

As seen above, in corresponding questions in the online

current smokers continued to use e-cigarettes because

and omnibus surveys, consumers indicated that they

they enjoyed them, and a smaller proportion – 27 per cent

saw e-cigarettes as a method of reducing tobacco use

– used them because they perceived them to be healthier

and that they perceived it to be safer than traditional

than smoking tobacco.

January 2017

Academic research

To help me reduce the amount of tobacco I smoke

Omnibus survey: What is your main reason for using e-cigare es?

25

SPONSORED BY

Academic research

Something that the business interviews and both

Switzerland, where most of it is produced. Several of the

the surveys indicated – contrary to the fears within the

interviews indicated that there was also a preference for

literature review – was that there was little evidence of

Swiss nicotine, because of perception of quality. Other

vaping taking place as a lifestyle choice.

ingredients are generally sourced within the UK.

How the e-cigare e supply chain works

linear relationship of producers, wholesalers and

The interviews with 25 e-cigarette companies give an

retailers. The simplicity of production means that

insight into the workings of the supply chain. For the

there are smaller producers who source raw materials

two main components of e-cigarettes – the hardware

directly from chemical producers. Wholesalers may

and the e-liquid – there is a distinct supply route with

also act as producers, selling their own completed liquids

differing characteristics.

alongside ingredients.

Hardware

other domestically produced products. There is also a

The majority of hardware is imported from China, where

small market for consumers to purchase ingredients

there is manufacturing expertise, competitive pricing and

themselves for home production. The scale of the

the product innovation that consumers demand. Most

market can be summed up by one of the interviewees,

businesses either use UK-based wholesalers to source

who estimated that there are up to 25,000 e-liquid

products, or forwarding agents in China that package

variants available.

Unlike the hardware supply chain, there is no

Retailers may produce their own liquids, alongside

several types of hardware into larger orders. This supply chain suits the companies that sell e-cigarettes as it

Development of the e-cigare e market

avoids expenditure on product development and delays

The near consensus of the business interviews was that

in manufacture.

the market had grown significantly in recent years, both online and offline.

E-liquids

There has been some remarkable individual growth,

The relative simplicity of producing e-liquids, and

indicative of overall trends. In one case, there was 500

consumer preferences for smaller producers, has led

per cent turnover growth between the first and second

to a strong domestic manufacturing base. Only four

year of trading. However, there was little in the way of

ingredients – each relatively easy to source – are needed

agreement over the relative sizes of the online or offline

to manufacture e-liquids containing nicotine: propylene

markets, something that highlighted differing beliefs on

glycol; vegetable glycerine; flavouring agents; and liquid

the relative benefits of each platform.

nicotine. The majority of liquid nicotine is imported from Summary of the e-cigare e hardware supply chain E- cigare e hardware manufacturers

Devices and components produced on a mass scale in China

Wholesalers

Located in the UK and elsewhere in Europe

Direct import

Direct hardware import from China is rare

Summary of the e-liquid supply chain UK manufacturers

Produce small batches of bespoke devices and components

Forwarding agent Located in China

The ingredients for e-liquid are sourced from chemical companies Switzerland for nicotine UK mainly for other ingredients (USA also mentioned)

UK manufacturers

Manufacturers o en operate as wholesalers and retailers

Retailers

Retailers

Consumers

26

Overseas manufacturers

Located in China and elsewhere in Europe

Consumer

Some consumers produce their own e-liquid

January 2017

REGULATIONS

Academic research

Part 6 of the Tobacco and Related Products Regulations 2016 sets out requirements on e-cigare es: ● The introduction of standardised content of nicotine 20mg/ml in e-liquids ● Health warnings on 30 per cent of packaging ● Introduction of toxicology tests on e-liquids that are to be logged with the Medicines and Healthcare products Regulatory Agency (MRHA)

Online

a result, the reaction was to move to terrestrial sales.

Of those who believed that the online market was larger,

There was a perception that consumers appreciated

they perceived that e-commerce was more reactive to

being able to discuss the product face to face. The move

fast-paced consumer trends. An example of this was

to premises selling was also emphasised as being part of

the shift towards larger hardware – with larger tanks

the product being ‘craft’ in nature and that people want

and more vapour – whereas the original products

to try different and new flavours.

were often smaller and more discrete. Brand loyalty, where demanded, was seen as being easier to meet

Impact of the TPD

via e-commerce, and online businesses have the scope

It is predicted that the introduction of the TPD will have

to sell across borders. Further, online businesses are

various impacts on different parts of the industry. There

easier to start and have lower overheads, which suits the

was a consensus among the businesses interviewed that

developing nature of the market.

the directive would lead to smaller companies leaving the

Terrestrial

28

market. Three specific impacts were cited in the research: ● The

import of hardware from China would become

In those who saw offline sales as being more profitable,

more costly as, to import products, a business would

there was a view that the online market was becoming

potentially have to pay a notification fee to be allocated

saturated, with larger suppliers dominating and, as

a European Common Entry Gate (EU-CEG)

January 2017

Academic research

SPONSORED BY

WHAT IS AN E-CIGARETTE? An e-cigare e consists of two products: the hardware that vaporises the liquid, and the e-liquid that contains the nicotine and flavour. The hardware includes an electronic ba ery that heats a coil or atomiser, which is doused in the e-liquid held in a small tank. Once heated, the liquid turns to vapour, which is then inhaled by the user.

● In

the e-liquid supply chain, the cost of toxicology tests

was thought to threaten smaller producers ● One

consumer change that may take place is the

limitation in e-liquid reservoir sizes. This may lead to consumers seeking larger tanks online, or from an illicit market Not all the businesses that responded were totally negative about the impact of the TPD. Some respondents indicated they were being undercut by competitors that were not compliant with either e-liquid or VAT requirements. There was also a view that a move towards regulation would provide the market with a credibility that – ultimately – may further grow the market.

The future There is little consensus among the industry on whether new technology or the TPD will cause a fundamental shift

January 2017

29

SPONSORED BY

in consumer preferences or the nature of the product.

However, what is clear from the indications given in this research – both from consumers’ attitudes to the product and businesses’ views on the demand for their products – is that e-cigarettes will continue to be a developing product for the foreseeable future.

References 1. P10 – 3.3 2. www.ash.org.uk 3. www.theguardian.com 4. www.cdc.gov Further reading www.ash.org.uk www.google.com/patents/US3200819 www.gov.uk

This article is a summary of a report originally produced by the IFF and commissioned by HMRC. The full report, Understanding the online e-cigare e market, can be found at www.gov.uk

Academic research

Ben Richards is a campaigns and policy executive at CTSI.

OUR SURVEY SAID So what do consumers and retailers really think about e-cigare es? ‘It was a revelation to me. I quit smoking with it and there is no zeal like the converted, so I became a retailer.’ Retailer, online only, two to four years in business, on personally qui ing

30

‘Most small businesses just won’t be able to hang on. Bigger businesses will take over and you will see mergers, as happens in big business.’ Retailer, online only, on the impact on businesses

‘You’ve got all the big breweries, you’ve got a cra� beer market, and you can draw similarities with cra� beer to the e-cigare e market.

There’s always going to be those artisan [products] hi ing niches.’ Retailer, online only, comparing the nature of the e-liquid supply chain to brewing

‘You can go into any high street store and buy [brand] cigare es.

If you buy a particular brand of e-cigare es or e-liquid, it’s rare that you can walk into five different stores and find that brand in them all. People like the brand that they use, so that is the issue with offline retailers at the moment.’ Retailer, online only, comparing consumer behaviour between traditional tobacco and e-cigare es

‘We’ve got 280-something products. The number of people manufacturing will greatly reduce and there’ll be quite a few – but not that many – le� who are willing to spend the money to pay for the registration. The registration fee is quite expensive.’ Manufacturer, on the impact of registration on its product range

‘You are a li le fish in a big marketplace online now and, in a way, the size of your fish online is ge ing smaller and smaller because more fish are coming into the market. Online is easier for everybody to sell from, so there’s more coming in, but it’s saturated.’ Retailer, mix of online and terrestrial sales, on the competition online

‘There has been a considerable increase in the number of terrestrial shops. Two years ago, almost 100 per cent of the e-cig market was online. Shops began to emerge as there was no room online.’ Wholesaler, on the development of the terrestrial market ‘[The TPD is] going to get rid of a lot of the cowboys... it was pre y much unregulated [before], so you could buy flavours in, buy your nicotine in; you could buy all the constituent parts and put it all together.’ Wholesaler, on the potential benefits of the TPD ‘Once the TPD comes into effect – once a clear number of suppliers in the UK become compliant with products – you’ll see a lot more shops start to open. Or you’ll see the supermarkets or newsagents stocking the right products, because these products will start to tick all of the right boxes, and they will be legally compliant and regulated.’ Manufacturer, on the benefits of compliance

January 2017

Local Authorities to benefit from practical online legislation guidance By offering legislative training to your retail business partners, you can now generate additional income.

Working in partnership with Virtual College under the joint ‘TradeSimple’ brand, CTSI has developed a suite of practical online courses which offer traders jargon free, step-by-step guidance to important legislation.

Courses currently available

As a local authority reseller, you will have the benefit of your own branded e-commerce site which can be used to promote the above courses.

This provides a simple way of generating income whilst adding value to your business partnerships.

• • • • • •

Prevention of Underage Sales Consumer Contracts – Distance Sales Consumer Rights Act 2015 Trading Fairly Storing and Selling Fireworks Safely and Legally Consumer Contracts – Off Premises Sales

Coming soon •

Alternative Dispute Resolution

For further details please visit www.tradesimple.org.uk or email productinfo@tsi.org.uk

SPOTLIGHT ANNE GODFREY

SPRINT FINISH Anne Godfrey is a woman in a hurry to transform the CIEH

32

January 2017

have four pillars: basic visibility; membership; professional development; and enablement – the right technology, the right people, the right finances.

‘We’re being very brave and delegating, so all 23 projects are led by the staff, for the staff. It just comes to the project board for approval at the end.’ Speaking of her staff, Godfrey enthuses: ‘They have taken to it like ducks to water – on top of business as usual, on top of transformational change, on top of the 33 per cent churn.’

Words. Carina Bailey Images. George Fairbairn

Godfrey is not new to ‘fixing’ membership bodies; in fact, her ruthless reputation is well-known. She has worked in seven ‘doer-uppers’, but the CIEH is proving the most dysfunctional – each has a slightly different flavour of broken.

London office is that she has the previous edition of

This one has everything, all at the same time, which makes it

TS Review on her desk. The second is the pocket-sized cut-out

more fun and more challenging.’

At the start of the process, Godfrey says her staff were

of Usain Bolt pinned to her noticeboard.

Bolt’s image, it turns out, is part of the Chartered Institute

‘really, really terrified and insecure’, but adds: ‘They have

of Environmental Health’s (CIEH’s) change programme

been 100 per cent supportive, doing it on top of business as

(Sprint), a project-management system that is enabling

usual – scared and shiny all at the same time. They’ve been

CIEH to carry out an ambitious 23 projects in 18 months,

incredible. For the ones who don’t get it, they make choices.’

challenging and transforming the institute in accordance

Godfrey believes there’s recognition among the broader

with its newly acquired four pillars. Each pillar has its own

membership that change is necessary, describing them as

set of projects, which Godfrey and her management team are

‘impatient but very passionate people’, who are giving her

entrusting their staff to deliver.

staff time to get things fixed. Since she took the helm in

‘It shows who is working on Sprint; you see Usain Bolt

January 2016, a number of issues have been identified: CIEH’s

on their desk and you know they’re not to be interrupted,’

membership offer reflected a profession of 10-15 years

explains Godfrey with a smile. What better figurehead to

ago, not the ‘blended’ profession of 2016; its main (training)

signify Sprint in action?

revenue stream was declining by 25 per cent year on year;

As we settle down with tea (peppermint for Godfrey,

there was a lack of focus on members across the private and

good old-fashioned builder’s

third sectors; and the institute had

for me) in a corner of her office,

forgotten its core purpose.

‘The commercial model

Godfrey tells me that the CIEH needs to be fit for purpose, and to have a louder campaigning voice.

‘We need to have a membership structure and pathways to reflect the entire profession; professional development that supports people from cradle to grave, and that includes giving back; a company that’s the right size with the right skills – and, basically, those things are encapsulated in the strategy programme,’ says Godfrey, gesturing to the noticeboard.

This contains her whole strategy, set out succinctly in a series of pictures and diagrams. ‘We

January 2017

Spotlight

challenging: ‘[Membership bodies] are all a version of The first thing I notice when I walk into Anne Godfrey’s

WITHDRAWAL FROM REGULATED TRAINING A er a full review of our product offering – and in light of the need to diversify and broaden our market – we have decided to voluntarily surrender recognition as a regulated awarding organisation. We believe that deregulation will enable the development of CIEH as a membership organisation, offering a wide range of products and services.

New additions to the conditions of recognition set out by the regulators (Ofqual in England, QiW in Wales and CCEA in Northern Ireland) restrict what we are able to do with regard to the development of our membership offer.

reflected our focus, which was being a training company, not a membership body,’ says Godfrey. ‘Our strategy should be as a membership body first, and a training provider second. We had 121 staff at the start of 2016, only five of whom had direct responsibility for membership. Our focus was skewed.

‘The main part of our strategy today is to rediscover ourselves. Our future is as a blended profession and a blended professional body. That’s the biggest change, because we were

33

Spotlight

FIVE-MINUTE WRAP UP

created to deliver graduates who went into local authorities,

Describe your year in three words: Challenging, stressful and rewarding.

representing everybody.’

CTSI & CIEH future collaborations: Yes, we’re investigating it, we just haven’t worked out what that looks like yet. One of the things we’ve talked about – as well as the fact that we’re both sponsoring an apprenticeship – is whether, as we review our qualifications, there might be a module that would be joint to both professions. But it’s the very early stages of that conversation.

Generic regulatory officers apprenticeship: I think ‘Regulatory Compliance Apprenticeship’ is the worst title known to man! It’s una€ractive to 16-18-year-olds – and it’s even less a€ractive to the parents.

However, do we want to bring the next generation into our professions?

Yes. As a professional body, we’ll probably sponsor or accredit multiple apprenticeships, with the aim being to start a journey that leads to a chartered professional. So you would come in not knowing where you would fit – you might want to be in licensing or housing or food – but, eventually, you would specialise, and I see professional bodies supporting employers to develop those specialisms.

Biggest threats facing environmental health: An understanding of what the profession is and does.

Biggest threats facing the CIEH: Its relevance, and reflecting the entirety of the profession, not one part of it.

34

not to have a diverse, socially mobile, professional body Today, environmental health is about 40 per cent private sector, 45 per cent public sector, and 13-15 per cent charities and the voluntary sector. ‘We need to represent that as the professional body. At the moment, we don’t,’ says Godfrey.

Before she took over, there was a surprisingly narrow entry route to becoming a CIEH member. Applicants had to: go to one of CIEH’s accredited universities, of which there are only nine; have an environmental health degree; complete a professional portfolio of practice (PPP), which takes two years; obtain work experience at a local authority; and do an interview and a dissertation. ‘We make our potential members’ lives hell and then wonder why – when there’s a private sector – they go off to work in it,’ says Godfrey.

Local government cuts have had a serious impact on the CIEH’s main revenue stream: vocational training. Since 2010, environmental health – much like trading standards – has seen far fewer people doing as much, if not more, in increasingly multidisciplinary teams. While austerity has brought innovation, Godfrey believes it has gone as far as it can: ‘Any more and we start jeopardising the public.’ This only compounded her view that things needed to change – and a changin’ they are. From July 2016, the CIEH opened its membership to the private and third sectors, with multiple pathways to entry – including apprenticeships, graduates with equivalent degrees, and non-graduates – to make the CIEH more reflective of today’s profession. Further improvements will be introduced in 2017.

It’s not a new story. According to Godfrey, membership bodies have been struggling to rediscover their relevance since the 2007 global financial crash. The CIEH has made a financial loss in seven of the past eight years – substantial losses in the past four – and Godfrey predicts it will make a ÂŁ2m loss this year. ‘All our commercial revenues, bar one, are up, but our single biggest revenue stream – vocational qualifications, which we were overly dependent on – is

January 2017

ANNE GODFREY HATES Boredom!

FAMILY Two children, one husband and two cats, Jezebel and Jake – who is otherwise known as ‘psycho ki y’. ‘He thinks he’s a badly trained spaniel.’

OBSESSIONS Planning plenty of holidays QUICK QUOTES ‘I’m

probably more on the male spectrum when it comes to bullshit!’

‘You have got to believe in yourself because, if you don’t, nobody else will. Seriously. If you don’t believe in yourself, why would [anyone else] trust you?’

‘I will be really happy when [my being a female chief executive] is not a question’

shrinking by 25 per cent year on year.’ Godfrey predicts that

it would give us – across the public and private sector – about

it will disappear altogether in three to five years. Originally,

the skills and competencies of existing professionals would

the CIEH was the single biggest vocational training provider

be invaluable, and allow people to see where their teams are

– now there are 23.

compared with their sector or type of organisation.’

So the institute has voluntarily decided to ‘surrender

When it comes to further public sector cuts, Godfrey

recognition as a regulated awarding organisation’ – a brave

believes Theresa May’s government ‘gets it’ more than any

decision, which means stepping away from £4m worth of

other: ‘I don’t think their agenda, because of Brexit, is about

income in a nine-month period, (see box, p33). ‘We will stop

cutting red tape or deregulation, which has to be a good

doing the qualifications by July 2017 because they don’t allow

thing for our particular space, but local authorities are still

us to offer flexible delivery to individuals and companies,’

facing potential cuts; it’s where those come, and I don’t think

says Godfrey. ‘It’s very expensive to be an awarding

we know.’ However, she rebuffs my question about her ever

organisation, because with rules come processes, and with

stepping into a local authority to ‘fix’ it with a vehement

processes come people. We can’t afford it.’

‘Nooo!’. ‘I’m private sector through and through.’ Besides,

Godfrey believes about one-third of a membership organisation’s income should come from subscriptions. At

she adds: ‘I couldn’t deal with the politics.’

The CIEH’s big campaign in 2017 will be air quality, after

the CIEH, this has fallen to less than £1m of its £8m revenue.

the government decided that ‘one day, diesel good, next day,

Membership has decreased from 12,000 to 8,000 in the past 10

diesel bad’. ‘I know way too much about particulate matter

years – and only 5,000 members currently pay a subscription,

2.5,’ jokes Godfrey. As well as this campaign, maintaining

because of student and other deals.

the institute’s relevance will still be the goal, and the institute

Now the CIEH has an expanded membership offer

certainly appears to have captured Godfrey’s imagination,

that’s appropriate for both the private and public sector. It is

if not her heart. ‘I’d like to do five years,’ she says. ‘I haven’t

introducing two new types of professional qualification: a

done that in a long time. It’s going to be two really tough

suite of vocational or workplace qualifications – but not the

years and it would just be nice to get through and celebrate

63 it originally had – which employers can tailor to their

success, and actually watch us fly, because I think we could.’

organisations; and professional qualifications built on the different disciplines within the profession.

And, for the first time, a set of professional standards has

Challenge is something Godfrey thrives on: ‘I’d hate to have a job where everything’s fixed. Nothing more dull.

I like going in, fixing it, and leaving it in a better state than

been created – but this is just the beginning for Godfrey: ‘If I

when I joined.’ She’s pretty certain she’s got at least one more

had the money, I would build an online assessment tool that

professional body in her – although, next time, she’d like one

would allow me to assess people against those standards.

with a bit more money! Has she ever run away? ‘Never: I

We’re seriously considering crowdsourcing, because the data

don’t run easily.’

January 2017

Spotlight

NECESSITIES Holidays and food

35

Scottish restructure Words. Peter Adamson Images. Shu erstock

Scottish CHALLENGE 36

January 2017

On the eve of a landmark change

previous Audit Scotland report in 2002 identified similar

to trading standards in Scotland,

this hill’ before.

we look back at more than a decade of debate

issues. There was a feeling that we had been ‘marched up The Society of Chief Officers of Trading Standards in Scotland (Scotss) believed that fewer, bigger delivery units would be better placed to maintain a fair and safe trading environment to protect consumers and legitimate businesses – a similar notion to CTSI’s suggested restructure of local services for Great Britain in 2015.

Change has been a long time coming for trading

It was suggested that these strategic units would be

standards services in Scotland – but final details could

better able to respond to a rapidly changing trading

emerge as early as this month.

environment at a time when trading standards’ resources were shrinking.

In response to the Audit Scotland Report, Cosla

as far as 2002. More than a decade later, in 2013, Audit

tasked Trading Standards Scotland (TSS) to prepare

Scotland’s Protecting Consumers1 report questioned the

a strategic response. This was developed by Scotss

long-term viability of trading standards, highlighting

landscape report in January 2015, which recommended

the low profile that it had among councillors and senior

the Society of Local Authority Chief Executives (Solace)

managers, and the greater-than-average reductions made

chair a strategic review group to lead the process. This

to staffing levels since 2009. This led to concerns about

was supported by CTSI and Cosla, putting the issues on

a loss of experience and expertise, with too few training

the ‘top table’, where there was a much better prospect

posts being created.

of delivering strategic change.

These pressures were set against increased risks

Solace’s lead role helped to increase local authority

from online trading and a difficult economic climate for

buy-in and gave the process credibility with councils. The

businesses and consumers. The report noted a reduced

chair recruited support from the national Improvement

ability to gather intelligence about risks to consumers,

Service, which aims to help councils and their partners

and that more than a third of consumers did not know

to improve the health, quality of life and opportunities of

where to turn for help. However, it did recognise the vital

people in Scotland through community leadership, strong

contribution trading standards makes to local authority

local governance and the delivery of high-quality, efficient

priorities, and the importance of securing a viable and

local services. This brought in much-needed resources

effective service for the future.

and expertise in change management.

The need for better performance management was

The strategic review group first met in April 2015,

also identified, along with better workforce planning and

with representatives from the Scottish government,

the need to explore structural change – including fully

Cosla, Scotss, Trading Standards Scotland, CTSI, the

shared services or a national service.

then Department for Business, Innovation & Skills, the

Ultimately, these weaknesses mean that Scottish

Federation of Small Businesses, Citizens Advice Scotland

trading standards services are less able to counter

and two front-line trading standards officers. One of its

the serious harm caused by rogue doorstep traders,

first tasks was to review changes since the 2012 Audit

consumer scams, illicit and counterfeit goods, dangerous

Scotland report, after which trading standards services

goods and age-related sales – including tobacco. Many

lost around 12 per cent of staff. The group considered

of these problems affect the most vulnerable consumers

the sobering prospect that ‘non-protected’ services –

and hinder economic regeneration.

basically anything outside education, health and social

In 2013, Audit Scotland called on councils and the

care – were likely to lose between 25 and 40 per cent of

Convention of Scottish Local Authorities (Cosla) to work

their budgets over the next few years. This suggested

together to address these threats and develop identified

that doing nothing would result in trading standards

opportunities.

withering into obscurity.

Trading standards welcomed the report, but there

Radical options were considered, including the notion

was some scepticism that it would bring about the

that councils offload trading standards altogether. This

change that was so urgently needed, considering that the

was driven by trading standards being a low priority for

January 2017

Scottish restructure

The challenges facing services have been well documented in audit reports and reviews going back

37

local government, which focuses on bigger, higher-profile services, such as education. Trade is also increasingly cross-border and online, which raises doubts over the rationale for local enforcement. However, this idea was not recommended by the group.

A range of options was developed, including ‘no

Scottish restructure

change’ – but this was discounted as a clear agenda for something different emerged. Final recommendations were for a regional service governed by joint boards or

A REGIONAL SERVICE WOULD REQUIRE NATIONAL ELEMENTS WITH SOME FUNCTIONS DONE ‘ONCE AND WELL’ FOR EXAMPLE, INTELLIGENCE AND WORKFORCE PLANNING

a national service, again under a joint board. Although these appear distinct, they were similar; a regional service would require national elements with some functions done ‘once and well’ – for example, intelligence and workforce planning. A national service would require a regional operational structure.

Key to the proposals were joint boards with statutory backing, to enable the requisition of funds from local authorities. This would ensure all councils contributed to the regional/national service and that there would be adequate funding to allow the proposed bodies to function as intended. After consultation, Scotss favoured the regional and national models, with a preference for the regional option.

The recommendations were put to Solace, but were not progressed after Solace realised the parliamentary timetable would not allow the required legislation to be passed within a reasonable time. So it recommended voluntary joint committees taking the place of statutory joint boards, which could be put in place without changes to the law.

Meanwhile, consumer advice and advocacy was being devolved to Scotland. As part of the review process, the Scottish government developed the concept of the ‘four pillars of consumer protection’ – advocacy, advice, enforcement and redress – each supporting and reinforcing the other to deliver consumer and competition policy2.

Revised proposals incorporating Solace’s advice were then developed. These stipulated that councils would have to make long-term financial commitments to ensure the joint committees’ stability. This is effectively ring-

services together would require some levelling up

fencing, which was recognised as a potential sticking

and down. For instance, councils that devote less

point at a time when budgets are shrinking.

resource to trading standards may be reluctant to

The revised proposals were put to chief executives,

38

increase funding, and those that give trading standards

but one significant roadblock was identified: councils

a higher priority may not want to see valued services

fund trading standards at varying levels, according

diluted. This made it necessary to define ‘trading

to local prioritisation. Local authorities bringing

standards core functions’ to ensure clarity. Animal health

January 2017

January 2017

39

A DECISION TO REJECT A REGIONAL APPROACH WILL REQUIRE A COMPLETE RETHINK

is regulated by some services, for example, but not all.

This proved a controversial task within Scotss. One possible solution was the joint provision of the defined – or ‘core’ – trading standards functions, with the option for councils to procure additional functions from the joint committees.

In September 2016, Cosla was asked to agree the revised plans for regional services, and to mandate the Improvement Service to develop a detailed proposal.

However, Cosla’s leaders didn’t feel they had enough detail to make a decision, so failed to approve the proposal; they ‘noted’ the proposal and requested that the Improvement Service carry on with further design work and report back.

Scottish restructure

This was a disappointing outcome, as the trading standards community was hoping for clear leadership towards regional delivery. While this has not been

shared services have proven largely unsuccessful, despite

discounted, the lack of clarity is a setback. A more

considerable investment of time and effort.

detailed business case may have given leaders greater

Scotss considers that bigger units facilitate effective,

confidence to agree the proposal. However, this risked

resilient and sustainable services with the capacity to

getting sidetracked by details when the real question was

deliver responsive, intelligence-led outcomes focused

on strategic direction.

on prevention. However, it recognises that previous

Now the Improvement Service, assisted by Scotss,

unsuccessful attempts to create shared services highlight

is working up more detail for members. This work is

significant legal, political, financial, organisational and

scheduled for January/February 2017, and will offer a

cultural obstacles. Shared services will only succeed if

vision of new services, with a programme brief defining

there is a collective commitment from Scottish councils

the expected benefits, costs, timescales and risks for

and Cosla to make it happen, or if change is mandated by

consideration by chief executives and councillors. This

the Scottish government. It remains to be seen if we have

will allow councils to understand the proposal and decide

achieved the necessary commitment.

if it is desirable – and appropriate. The whole process hinges on member support for regional services. If the vision and programme brief are approved, the next stage will be to create an implementation team to take them forward, while a decision to reject a regional approach will require a complete rethink.

It has been a long and winding road (this is not one

References 1. Audit Scotland, Protecting Consumers, January 2013, www.audit-scotland.gov.uk 2. Sco ish Government, Consumers and Competition Policy, beta.gov.scot

of those articles that sneaks in Beatles song titles – or is it?) to get to where we are. Previous attempts to set up

40

Peter Adamson is chair of the Society of Chief Officers of Trading Standards in Scotland.

January 2017

SPONSORED BY

PROFESSIONAL DEVELOPMENT WITH TS REVIEW Members of CTSI and other professional bodies are required to maintain their professional competence throughout their careers.

Continuing Personal Professional Development (CPPD) means the systematic maintenance, improvement and broadening of your knowledge and skills, and is therefore a long-term commitment to enhancing your competence. CPPD is a requirement of CTSI. TS Review is pleased to offer a free CPPD module in each issue. Simply study the module and complete the questionnaire on the final page, following the instructions for its submission.

If you have any questions, please email training@tsi.org.uk

Local authorities have a core role to play in an emergency

Words. Stephanie Young

Many remember the foot and mouth disease (FMD) outbreak of 2001 and the devastating impact it had on the country. It is estimated that the cost of the FMD at that time

CPPD

Contingencies and resilience

was in the region of £8bn1 to the UK economy, and while statistical information on the cost of recovery from the disease can be quantified, the traumatic events experienced by many in that year are far more difficult to enumerate.

The financial hardship and emotional turmoil experienced by farmers and their families is still evident today, and those affected, whose livelihoods depended upon either farming or tourism, will never forget that year.

Local government plays a vital role in enforcing the controls of animal disease. Section 52 of the Animal Health Act 1981 places a statutory duty on authorities to enforce the rules and to appoint as many inspectors and other officers as they deem necessary. This Local Authority Animal Health Function (LAAHF) is usually undertaken by either specialist environmental health officers or trading standards officers.

The FMD outbreak in 2001 followed hot on the heels of the fuel crisis and severe flooding in the autumn and winter of 2000, all of which had a significant impact on both central and local government resource. This led to a major review of all resilience arrangements in England and Wales, resulting in the Civil Contingencies Act 2004 (CCA) being introduced.

The CCA delivers a single framework for civil protection within the UK. It is separated into two substantive parts:

41

CPPD

SPONSORED BY

Local Arrangements for Civil Protection and Emergency Powers. In the CCA, an ‘emergency’ is defined as: • An event or situation that threatens serious damage to human welfare in a place in the UK • An event or situation that threatens serious damage to the environment of a place in the UK • War, or terrorism, which threatens serious damage to

likely to be animal disease, with the national risk register rating the overall impact as two out of five, and the relevant likelihood of animal disease occurring in the next five years as between one in 200 and one in 20.

In accordance with the requirements of Section 14 of the Animal Health Act 1981, as amended by Section 18 of the Animal Health Act 2002, the Department for the

the security of the UK When the CCA came into force in 2004, it changed the way

Environment, Food and Rural Affairs (Defra) reviews the

many public organisations planned for emergencies, and

Contingency Plan for Exotic Notifiable Disease of Animals in

brought with it categories of responders and duties with

England annually. This is replicated in Wales and Scotland.

The National Animal Health and Welfare Panel4,

which they had to comply.

supported by the Association of Chief Trading Standards

Responder categories

Officers (ACTSO) in partnership with Defra and the Animal

Local authorities are among other emergency services and

and Plant Health Agency (APHA), have taken consideration

government agencies classed as category 1 responders,

of the animal disease risks and the Defra contingency plan,

which are likely to be involved at the core of a response to

and, from them, in 2015, developed the Local Authority

most emergencies. Category 2 responders typically include

Exotic Notifiable Animal Disease Contingency Plan as a

utility companies and commissioning bodies that support

template for adoption by local authorities. All local

health, infrastructure and networks. When combined with

authorities in England and Wales are strongly encouraged to

category 1 responders, they make up the local resilience

read and adopt this contingency plan, which is updated

forums, which have the responsibility to ensure a

annually, to ensure consistency across devolved countries.

coordinated response and recovery to a civil emergency.

There is non-statutory guidance supporting the 2

The plan, available on the Knowledge Hub5, contains annexes – A to I – that are disease specific, namely: African

provision of the CCA, which introduces the need for

horse sickness; avian influenza; anthrax; African swine fever

Integrated Emergency Management (IEM) for anticipation

and classical swine fever; bluetongue; foot and mouth

and assessment of risk, concluding with effective response

disease; glanders and farcy; rabies; and West Nile virus.

and recovery arrangements.

IEM consists of six activities: anticipation; assessment;

In addition to the plan, disease outbreak signage guidance has been produced to help raise awareness of an

prevention; preparation; response; and recovery

outbreak, and to aid identification of those areas that are

management. The wider concept of IEM is geared to the

subject to animal disease movement controls.

idea of building greater overall resilience in the face of a broad range of disruptive challenges.

Civil emergency risks are identified by a national risk

Any outbreak of an exotic notifiable animal disease within the UK has a significant impact on the country’s economy and its ability to trade globally, so there is a

assessment (NRA)3, which informs a National Risk Register

collective need for a multi-agency approach between

(NRR). This national register of risk is the base from which

regulators and industry alike to control any outbreak swiftly

the local community risk is identified and calculated.

and effectively. When the next occurs, APHA and its

Local authorities have a duty to identify and assess the

colleagues will lead the response to disease control and

risk of an emergency affecting the area in which they

surveillance for disease. The local authority is the enforcing

operate. Once a risk has been identified, part of the control

body for animal health legislation, and has the responsibility

measures is to prepare plans for either preventing or

for response and recovery in accordance with the CCA.

mitigating impact of the emergency through local coordination and multi-agency partnerships.

Contingency plans must be put in place and maintained

42

Within trading standards, the most significant risk is

The APHA is not listed as a responder in the CCA, however, local authorities – as category 1 responders – have a number of duties placed upon them to ensure they form an

to ensure that – so far as is practicable – where there is an

effective resilience partnership to respond to an emergency.

emergency, the public body can continue with its duty.

These duties include: cooperation; information sharing; risk

January 2017

Pandemic influenza

5 Coastal flooding

4

Overall relative impact score

CPPD

SPONSORED BY

Widespread electricity failure

Major transport accidents

3

Major industrial accidents

2

Severe space weather

Effusive volcanic eruption

Low temperatures and heavy snow

Emergency infectious diseases

Heatwaves

Inland flooding

Poor air quality events

Public disorder

Animal diseases

Explosive volcanic eruption

Severe wildfires

Drought

Storms and gales

Disruptive industrial action

1 Between 1 in 20,000 and 1 in 2,000

Between 1 in 2,000 and 1 in 200

Between 1 in 200 and 1 in 20

Between 1 in 20 and 1 in 2

Between 1 in 2

Relative likelihood of occurring in the next five years

assessment; emergency planning; business continuity management; communicating with the public; and promotion of business continuity management to local companies and the voluntary community.

While the UK has many measures in place to prevent the entry of exotic diseases, these cannot completely eliminate the risk of disease occurring. Good planning and

Your Connection

preparedness is vital to the delivery of a rapid and effective response to a disease outbreak; early interventions and effective enforcement of controls are key to minimising the overall impact on businesses and the economy, both locally and nationally. As part of the government’s role for preparedness, an online secure networking platform ResilienceDirect6 has been designed to aid multi-agency collaboration, allowing the sharing of plans and exercises, as well as sharing situation reports and briefings between local responders, to enable integrated management of events and consistent provision of information.

Local authorities are an important element of response and have a vital role in ensuring engagement with partner agencies, the industry and the public about the control and spread of exotic disease, some of which are zoonotic – infections or diseases that can be transmitted directly or indirectly between animals and humans – including rabies, West Nile virus and avian influenza, and which may have an impact not only on animal health, but also that of the public.

Trading Standards • Police • Environmental Health • Animal Health

Keeping key audiences informed about an incident, while maintaining confidence with other agencies, is critical; media plans must be included with contingency schemes.

January 2017

Kenyon Block Consultants Specialist Recruitment

43

CPPD

SPONSORED BY

There are continued emerging threats of disease from around the world, with cases of avian influenza across a number of member states in Europe and an outbreak of FMD in Russia. With limited resource across all government departments, it is now timely to consider the duties of the local authority around civil protection and how the role of trading standards fits into this, regardless of it being animal health/petroleum or any other matter that is defined in the national risk registers.

Stephanie Young is a principal trading standards officer – Animal Health, at Staffordshire County Council

References 1. Anderson Inquiry (2002), Foot and Mouth Disease 2001: Lessons Learned Inquiry.

2. HM Government Emergency Response and Recovery – Non Statutory Guidance accompanying the Civil Contingencies Act 2004.

3. Cabinet Office – National Risk Register of Civil Emergencies.

4. The National Animal Health and Welfare Panel consists of lead advisers on animal health drawn from local authorities, plus representatives from Defra, the Animal and Plant Health Agency, Department of Agriculture and Rural Development Northern Ireland, Food Standards Agency, Rural Payments Agency, CTSI, and the Chartered Institute of Environmental Health.

5. khub.net Local Government Animal Health and Welfare Group.

6. Prospective users should contact the ResilienceDirect team at ResilienceDirect@cabinetoffice.gov.uk Before accessing ResilienceDirect, organisations are required to sign a connection agreement to ensure the continued integrity of the service.

JANUARY ­

MODULE CONTINGENCIES AND RESILIENCE Boost your personal and professional development by completing this short questionnaire – worth one hour of CPPD. Answer the questions listed below at www.tradingstandards.uk/cppdtest

1. The Animal Health Act 1981 places a statutory duty on every local authority to appoint as many inspectors and other officers as the local authority thinks necessary for the execution and enforcement of the Act. In which section would you find this information?

5. The National Animal Health and Welfare panel has developed a Local Authority Exotic Notifiable Disease Contingency Plan as a template to assist local government. Which diseases are covered by this plan?

2. The Civil Contingencies Act 2004 categorises responders – how are local authorities classified?

7. In a disease outbreak, who is not a responder as defined in the Civil Contingencies Act 2004?

3. Non-statutory guidance, which accompanies the Civil Contingencies Act 2004, introduces Integrated Emergency Management (IEM) for anticipation and assessment of risk. Name the the six activities included in the IEM?

8. Category 1 responders have a number of duties placed on them in the Civil Contingencies Act 2004. List them.

4. On an annual basis, the Department for the Environment, Food and Rural Affairs must review the national contingency plans. Where is the legal requirement for this?

44

6. Some diseases are zoonotic; name three types.

Applicants who complete the module successfully will be given a certificate. The test must be taken before 24 March 2017.

Module 8 answers (November 2016): 1. No. 2. Department of Health Technical guidance on nutrition labelling was published in September 2016. 3. Number of employees (under 10), turnover of business and to where the business physically supplies its products. 4. Yes. 5. The full table can be found in Annex XV of the European Regulation (EU) 1169/2011. 6. This should be presented as a table on prepacked foods, declaring the amount of energy the food contains in kilocalories and kilojoules, together with the fat, saturated fat, carbohydrate, sugars, protein and salt content. 7. They have three choices (article 31 European Regulation (EU) 1169/2011).

8. A publication containing nutritional data for more than 1,200 of the most commonly consumed foods in the UK. For full answers, visit www.tradingstandards.uk/cppdtest

January 2017

KENYON BLOCK Consultants Specialist Recruitment

Tel: 020 8360 7289 www.kenyonblock.com

Associate Member of Chartered Institute of Environmental Health

A STICKY SITUATION The Psychoactive Substances Act 2016 has repealed legislation covering solvent abuse – but how is a trading standards officer

From the Bar

to know the use to which a substance may be put?

Throughout England and Wales, the control of drugs

– which was repealed with the granting of royal assent

Act 1971. In short, if the substance was listed it was

for the PSA – criminalised the supply of substances not

prohibited; if not, then – prima facie – the substance

already covered by the Misuse of Drugs Act 1971 to:

was legal for sale and consumption, unless caught by

those under the age of 18, or those thought to be buying

additional legislation.

for a person under 18 – a practice known as proxy selling;

Industrious chemists sought to manipulate the

and if the seller knew, or had reasonable cause to believe,

chemical structures of various substances so that, if

that the substance was, or its fumes were, likely to be

ingested or inhaled, they had a psychoactive effect on

inhaled by the person under the age of 18 for the purpose

the person taking them. As fast as one substance was

of causing intoxication.

criminalised, the chemists would tinker with the formula

So, with the repealing of the ISSA, are these items still

and a new ‘legal high’ would be made. It quickly became

covered or not – and what changes in enforcement do

apparent to parliament that this was a battle they were

trading standards officers need to be aware of?

never going to win without new legislation – so the

The starting point for any examination must be the

Psychoactive Substances Act 2016 (PSA) was born.

effect the substance in question has, and the use to which

The PSA approach was that of a blanket ban; all

it is put. Unless it can be proved that the substance has a

psychoactive substances are prohibited unless they are

psychoactive effect – as defined in section 2 of the PSA –

part of the exemptions. Now parliament’s approach is

and is intended for human consumption,1 it falls outside

to try to stay one step ahead of the chemists by focusing

of any enforcement.

on the effect of the substance rather than its chemical

46

The Intoxicating Substances (Supply) Act 1985 (ISSA)

used to be covered solely by the Misuse of Drugs

The next question to consider is whether the

composition. However, this leaves the legitimate retailer

substance is contained within the schedule of exemptions.

– and, indeed, trading standards officers – in some

When looking at traditionally controlled solvents, the

difficulty. How is one to know the use to which someone

most obvious of these is nitrous oxide. This has medicinal

may put a substance? This is a particular issue when it

uses, as well as being used in some foodstuffs – for

comes to solvents.

example, as a propellant in whipped cream.

January 2017

Words. Charlene Sumnall Images. Shu erstock

47

From the Bar

THE PROSECUTION OF OFFENCES HAS NOW BECOME MORE COMPLICATED BY THE REPLACING OF A PERFECTLY SIMPLE PIECE OF LEGISLATION WITH A MUCH MORE CONVOLUTED ONE

WHAT IS A PSYCHOACTIVE SUBSTANCE? According to section 2 of the PSA, a psychoactive substance means any substance that: (a) Is capable of producing a psychoactive effect in a person who consumes it, and (b) Is not an exempted substance (see section 3).

For the purposes of this Act a substance produces a psychoactive effect in a person if, by stimulating or depressing the person’s central nervous system, it affects the person’s mental functioning or emotional state; and references to a substance’s psychoactive effects are to be read accordingly.

For the purposes of this Act a person consumes a substance if the person causes or allows the substance, or fumes given off by the substance, to enter the person’s body in any way.

48

psychoactive substance is likely to be consumed by the person to whom it is supplied – or by some other person

retailers must be mindful of the potential misuse of

– for its psychoactive effects. Enforcers should ensure

otherwise lawful substances. It is suggested that both

that evidence on this topic is gathered, most crucially

need to be vigilant about bulk buying of products and

during interview.

When working with businesses, enforcers should

the paraphernalia sold alongside it, which may show that the substance is to be used as a psychoactive substance.

inform retailer that they must take reasonable steps to

For example, nitrous oxide is often used illicitly by

make themselves aware of the potential uses of such

dispensing the gas into balloons.

products. These steps are likely to be similar to those

One of the key changes with the PSA 2016 – compared

retailers have previously taken to comply with the ISSA,

to the ISSA 1985 – is the removal of the age restriction on

and could include:

the offence. Traditional solvents were an age-restricted

●

Warning signs in-store or on products

product and it was an offence to sell to those who were

●

Training to help staff assess the likelihood that products

under 18 where the substance was to be, or was thought to be, used for its psychoactive effect. Individual items

are being bought for their psychoactive effect ●

may still be age-restricted and this will be a factor that

Updating training and age-restriction policies previously used under the ISSA – young people are

enforcers will need to be mindful of.

considered to be a particular risk group

The offences created by the PSA are: producing a psychoactive substance; supplying or offering to supply 3

●

Limiting the quantity of substances to be sold in one purchase

a psychoactive substance in its simple or aggravated

The prosecution will need to prove that the retailer knew

forms;4 possession with intent to supply;5 importing

the purpose of the sale, or that they were reckless and

and exporting psychoactive substances;6 and possession

did not take reasonable steps to satisfy themselves of the

of a psychoactive substance in a custodial institution.

purpose. Again, this is ground that enforcers will be well

It is likely that trading standards officers will be mainly

used to covering, but – for retailers – it may mean asking

concerned with the offences of supplying, possession

further questions, rather than merely conducting a visual

with intent to supply, and importing.

age check.

7

In terms of the offence of supply, prosecuting

From the Bar

On the face of it, nitrous oxide would be caught by the exemptions to the act.2 However, enforcers and

It is likely that solvents will be covered by the PSA,

agencies will need to consider the need to prove the

but the prosecution of offences has now become more

substance does have a psychoactive effect, while public

complicated by the replacing of a perfectly simple piece

analysts will have to be prepared to write reports and

of legislation with a much more convoluted one. If in

give evidence on this issue. Crucially, the prosecution

doubt, seek advice!

will also have to prove that the seller – be they corporate or otherwise – knew, or ought to have known, that the substance is a psychoactive one.

Evidence gathering should encompass: the packaging or labelling of the product; whether there were any warning labels or descriptions attached to the product; the type of business selling the product8 and, typically, those areas that have previously been explored for due diligence-type defences; what training do staff or sellers have on a particular product; what the substance is and any lawful use; and whether there are any restrictions on the product. Those who are offering guidance to retailers

References 1. Items being sold for their legitimate use, such as cleaning solvents, will be exempt and no action could be taken against the retailer if it is subsequently misused.

2. See Schedule 1 paragraph 2 (medicinal exemptions and paragraph 7 (food exemptions).

3. Section 4 PSA 2016 4. Section 5 and Section 6 PSA 2016 5. Section 7 PSA 2016 6. Section 8 PSA 2016 7. Section 9 PSA 2016 8. For example, one would expect those working in traditional ‘head shops’ to be more aware of these types of products and the effect they may have as opposed to workers in a supermarket, which will be selling many thousands of individual products.

should inform them of the need for staff training and robust record keeping.

The prosecution will also have to prove that the retailer knows or is reckless about whether the

January 2017

Charlene Sumnall is a barrister at 5 Paper Buildings.

49

1

2 Every year I

Downtime

expect it to be less foolish, and every year it is more so LOOKING BACK…

... at the year that was Last year was a full 12 months of surprises, sadness and success. These quotes are from some of those who made the news in 2016, but can you guess who said what?

4

3

When using the loo, gravity is your friend

Sources www.theguardian.com www.bbc.co.uk/newsround www.bbc.co.uk/news www.margotjames.com

50

You can’t have one foot in and one foot out

5 It is easier to regulate

than to deregulate

Picture credits: Cover and pages 20-23: Flas100 / Shu erstock. Page 6: Daisy Daisy / Lisa S / shu erstock. Page 7: 1000 Words / Shu erstock. Page 8: Margo Harrison / Shu erstock. Page 11: nikiteev_konstantin / MisterElements / Ilya Zonov / Uncle Leo / Shu erstock. Page 16: Africa Studio / Shu erstock. Page 24: Hakan Egne / Shu erstock. Page 36: Nejron Photo / Shu erstock. Page 47: Anteromite / zlikovec / Shu erstock. Page 50: Peshkova / FotoYakov / SCOTTCHAN / Stephen Denness / Shu erstock.

ANSWERS: 1. US President-Elect Donald Trump, whose surprise victory on 8 November 2016 took many by surprise. 2. Sir Terry Wogan, whose death made the headlines on 31 January 2016. This was taken from a collation of his ‘best’ quotes by the media, and refers to the Eurovision song contest in 2006, when Finnish rock band Lordi won. 3. British astronaut Tim Peake, who returned to earth on 18 June 2016, a er six months living on board the International Space Station. 4. European Commission President Jean-Claude Juncker, at Paris news conference on 7 October 2016, speaking not about the Hokey Cokey, but about the UK’s exit from the EU. 5. Margot James MP, who was appointed as Parliamentary Under Secretary of State for Business, Energy and Industrial Strategy, on 18 July 2016.

You have to think anyway, so why not think big?

Research Scholarships The College provides up to 100% funding to engage in research for the benefit of our members, the trading standards community and the public.

We rely on your support by way of donations to enable us to continue this valuable work.

Does this sound like you?

If you are interested please contact us at college@tsi.org.uk

www.businesscompanion.info Business Companion - a free information resource for business.

This government sponsored information website provides free impartial legal guidance to help business owners untangle what is sometimes a complicated and confusing world of trading standards and consumer protection legislation.

Designed to offer a basic understanding of how the law views businesses that sell goods and or services to consumers. Quick guides provide the answers and direct you to more in-depth and specific guidance that delivers the detail.

The Business Companion website provides an invaluable free and easy to use resource to help companies remain compliant that’s not only good for business but reassuring for consumers too.

Visit Business Companion today for quick and easy legal guidance to help your business keep on top of laws and remain compliant. www.businesscompanion.info

Consumer Affairs & Trading Standards Conference & Exhibition The International Centre Harrogate 26 June - 29 June 2017

HIVE OF ACTIVITY

Attend the 2017 Conference plenary sessions and be part of the stimulating debates...

Tues 27 June

Weds 28 June

Is trading standards performing other agencies’ roles?

What will responsible business look like in 2025?

Keynote speaker Professor Keith Brown – Bournemouth University.

Recent high profile scandals such as horsemeat, VW and Whirlpool as well as investigations into the working practices of Sports Direct and BHS have highlighted where business has fallen below public expectations.

Many modern trading standards activities, such as tackling scams and protecting the vulnerable, are covered at least in part by other organisations’ powers.

Meanwhile those functions that are the preserve of trading standards have fallen in priority, such as legal metrology and market surveillance.

The 2016 Product Recall Review highlighted the chronic underfunding of market surveillance services. Many authorities confirm these findings are applicable across most trading standards functions.

But what are the consequences for core trading standards work where the consequences of market failure are only noticed when something goes wrong.

During this plenary the panel will consider many issues, including: • What are the implications of intelligence-led working to core functions?

• Can services working together deliver improved services to the public?

Businesses do not want to harm customers, infringe their rights or mislead them. Most businesses realise that high levels of compliance mean high levels of customer satisfaction. This is a view that is shared by the regulatory community.

This plenary will consider many questions, including: • How can businesses discharge their responsibilities and demonstrate they are doing so?

• What role do regulators have in assisting businesses to maintain standards?

• What challenges will wider economic and political change have on businesses?

• What are the barriers to shared working?

This flagship event provides delegates with a fantastic networking and educational opportunity. With up to 33 CPPD hours available across the week from plenary, mini theatre sessions and exhibition viewing.

BOOk nOw at www.tradingstandards.uk/confbooking

T h e L e a d i n g C o n s u m e r a f f a i r s & T r a d i n g s Ta n d a r d s e v e n T i n e u r o p e Main Sponsor

www.tradingstandards.uk/conference2017