TS Review July 2017

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

July 2017 Issue 11

Confidently choose Which? Trusted Traders for your community Consumer Champion for 60 years Which?

The only national endorsement scheme where all of our assessors are trading standards professionals. Run by Which?, it gives your community - the Local Authority, consumers and traders - confidence.

Working with Local Authorities to help consumers find trustworthy traders Find out more at whichtrustedtraders-events.co.uk or email olivia.peck@which.co.uk

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.

Tragedies, challenges and opportunities

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.

Just as we were trying to comprehend and grieve the terrorist atrocity in Manchester, tragedy struck the UK again. Horrific scenes of terror in London and the blazing fire at Grenfell Tower have shocked us all. Unimaginable horror for a 21st-century Britain. And although life goes on, we all have to

Welcome

Eleni Chalkidou // Editor-in-chief

commit to do everything in our power to help eliminate the risks that can lead to such disasters.

The Queen’s Speech already seems a distant memory, with Brexit negotiations and EU citizens’ rights now dominating the news. It is significant to note, though, that – even with the Conservative’s plans for Brexit, and school and social-care reform in disarray – there are opportunities for the trading standards profession in the government’s programme, such as proposals to ban unfair tenant fees and a pledge to ensure fairer markets for consumers. A

Phil Owen Assistant director, Regulatory Delivery, BEIS Phil is a commi ed trading standards professional with experience across the private, public and not-for-profit sector.

new law to protect personal data has also been promised, along with proposals for a new digital charter for online safety.

These pledges are to be applauded but we want to ensure they are fulfilled – particularly as Brexit could represent the biggest threat in living memory to maintaining consumer protection in the UK. CTSI CEO Leon Livermore is calling on the new government to make the consumer protection system fit for the challenges posed by a modern Britain.

It has only been a year since the country went to the polls and narrowly voted to leave the European Union, but the past few weeks have resulted in a much-changed political landscape. It is impossible to predict what will happen next. Will it be a hard, soft or, perhaps, no Brexit at all? As Donald Tusk, President of the European Council, said recently, quoting John Lennon: ‘You

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.

may say I’m a dreamer, but I’m not the only one.’

Lastly, I enjoyed meeting a lot of you at the CTSI conference in Harrogate.

Thank you for your input, views and ideas. To those I have not yet caught up with, I intend to do so very soon – and look forward to it.

Thanks for reading.

3

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

Eleni Chalkidou editor-in-chief

Illustrations. Paddy Mills

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

Carina Bailey Editor

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

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

matt allwright columnist

Louise Parfitt writer

craig mcclue Lead Officer and Policy Executive

BEN RICHARDS Campaigns and Policy Executive

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

Kevin Reed 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 ISSN 2058-3656

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.

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

4

CharteredTradingStandardsInstitute

@ctsi_uk

Chartered Trading Standards Institute

/TeamCTSI

Contents 8

32

24

July 2017

24-28

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

30-31

11

The next big thing?

Contenders for the ‘must have’ toy 2017

abstracts Quotes and stats from TS Today

12-13

analysis Should ‘sharing platforms’ face the same regulatory scrutiny as traditional firms?

17

viewpoint Broadcaster Ma Allwright has his say

18-19

viewpoint Policy debate

Academia: london 2012 regulations Discretionary enforcement during the Olympics

July 2017 Issue 11

20 cover story Why the new government needs to act now to ensure trading standards remains fit for purpose in 21stcentury, postBrexit Britain

32-35

spotlight: Patricia Gibson The SNP MP on Brexit, bills and not backing down

36-37

Shifting sands Introducing CTSI’s Brexit think tank

38-40

closing the gap Using the law to identify hidden criminals

42-45

CPPD training E-cigare es regulation

46-49

Legal The right to redress

50

DOWntime Can you spot the trading standards’ tall tale?

July 2017

5

Digest

Government commits to more NTS funding Before the General Election, Theresa May’s government promised National Trading Standards more funds to continue enforcement against secondary ticketing sites. The sale of counterfeit and duplicate tickets has been identified as a national enforcement issue. May’s government said it would work with the Consumer Protection Partnership to determine how this enforcement work can be built upon to focus on breaches of the Consumer Rights Act 2015.

NUISANCE CALLS

The Information Commissioner’s Office issued a fine of £400,000 – the highest-ever for nuisance calls – to Keurboom Communications in April 2017. The company made 99.5 million calls over an 18-month period related to a range of subjects, including PPI and traffic accident claims. More than 1,000 people complained about its automated calls, which often repeatedly targeted people on the same day and during unsociable hours.

FRAUD NOW ONE OF THE MOST COMMON CRIMES

Code extended to cover ba ery storage systems Just two months after CTSI warned of the domestic battery storage sector being ripe for mis-selling and vulnerable to rogue trading, the Renewable Energy Consumer Code was extended to cover battery storage systems and other ‘related’ products typically sold alongside solar panels.

A Cifas report has found that almost one in every two offences is either a fraud or a cyber crime. Within its latest Fraudscape report, the not-for-profit company – which works to protect businesses, charities, public bodies and individuals from financial crime – says fraud and cyber crime now rival car crime, robbery and burglary as the highest volume offence of the 21st century.

This was partly in response to a rise in complaints citing mis-selling.

6

Sources: TS Today April-June 2017 www.tradingstandards.uk/tstoday

Digest Louise Baxter MBE with CTSI chief executive Leon Livermore (right) and Professor Keith Brown, from Bournemouth University (centre)

Trading standards ambassador made MBE for fight against scammers ‘It feels amazing to know that my peers think I am worthy of this’

Head of the National

council for more than 14

Trading Standards Scams

years. ‘It feels amazing to

Team Louise Baxter has

be recognised by my peers

received royal recognition

and to know that they think

often meet with victims of

for her fervent and

I am worthy of this.

scams when it was too late,

unwavering efforts in

‘But it is a team effort

disrupt criminals,’ she said.

Since the team launched

and it was this that drove

in 2014, around 300,000

protecting people from

and we work really hard

her to develop the national

people have been identified

financial fraud.

to champion scam victims,

scams team.

as targeted by criminal

Baxter, who works within

and to give a voice to the

‘As a trading standards

scammers across the

East Sussex County Council

people who are targeted by

officer I have always

country, and officers have

on behalf of National

criminals.

focused on consumer

delivered savings of more

advice and education – I

than £50m to consumers.

Trading Standards, was

‘The support I get

made an MBE in the

from my colleagues

strongly believe that

Queen’s birthday honours

means I can spend the

protection is better than

communities at East Sussex

on 17 June.

time campaigning and

cure – and we have worked

County Council, said: ‘I am

promoting our work.’

with mail providers, law

delighted that Louise’s hard

enforcement and local

work has been recognised

‘I couldn’t believe it when I received the letter,

Her previous role

Lucy Corrie, head of

it feels surreal,’ said Baxter,

with East Sussex County

authorities to identify

with this accolade, which is

who has worked with the

Council meant she would

possible victims and

richly deserved.’

UK FRAUD HOTSPOTS

The capitals of dating fraud, computer repair scams and a host of other frauds have been revealed

by Which?. According to the consumer champion, Norfolk is the hotspot for dating fraud, Northamptonshire is a hotbed for online shopping and auction scams, while Dyfed-Powys, in midWales, lost the most money to computer repair fraud. Reported fraud in the UK rose by more than 10 per cent in 2016, to 264,204 cases, compared with the previous year.

July 2017

7

Words. James Delaney Images. iStock.com

Wyvern’s media web Taking down a national fraud outfit worth £7m a year

When you think of a scam you often think of an elderly person being conned by a doorstep trader, or a bogus email pretending to be from your bank trying to access your account details. What does not immediately spring to mind is a nationwide organisation employing hundreds of staff to missell advertising space to businesses and charities.

This is exactly what the Regional Investigation Team for the East Midlands (hosted by Nottinghamshire County Council) was faced with

Digest: case study

when National Trading Standards (NTS) tasked them with the Wyvern Media case – known by the team as Operation Spinnaker, a five-year case which began in 2011.

I first heard about Operation Spinnaker through trading standards circles when I worked at St Helen’s Council in 2012 – I did not foresee I would be managing the team that led on this huge operation just before the sentencing of its leading figures!

I came in at a late – but critical – point in the case, which enabled me to take a wider view. I was staggered by the tangled web of suspects, companies, trading identities and bank

8

July 2017

accounts involved in this

to their business. On

years. While the council

the ‘The Advertiser’ or

complex scam. Wyvern

meeting the leading

did its best to handle

‘The Times’. However,

Media had 11 offices

investigating officer,

these complaints, it

many of the cold-

across the Midlands, 250

Rivers compared the

became clear that a

hearted salespeople

employees and 18,000

company to a car

broader approach was

latched on to more

customers per year across

dealership promising

required to tackle a

vulnerable individuals

the UK and Europe, with

a Rolls Royce model at

fraudulent operation on a

and bombarded them

an estimated turnover

Ford Mondeo prices

national scale.

with telephone calls,

of £7m.

– but the customers

sometimes on a daily

weeks as team manager, I

basis, and would pass

newspaper titles were

Robin Reliant without

read through the witness

their details on to other

endless and disappeared

an engine and a set

statements and many of

colleagues for further

as quickly as they

of wheels.

the stories were heart

harassment.

emerged. We received

The company used

breaking. Many lost

The most shocking

500 complaints from

aggressive selling

their businesses over the

case was that of John

74 witnesses, with the

techniques to secure

losses they incurred with

Moyle, who died aged

highest amount lost by

sales, tended to be

the advertising, including

83 shortly after spending

one business totalling

unclear about what

an award-winning chip

nearly £100,000 on

£31,305. It was easy to

publication it was

shop owner in Norfolk

advertising for his

see why the case took

representing and

and a successful travel

holiday home in the

five years from the start

made unauthorised

company based in Surrey.

south of France. He was

of the investigation to

withdrawals from

Another victim, Jutta

originally hoping the

sentencing, and was the

customers’ credit and

Patterson, who ran a

advertising would raise

largest ever to be led by

debit card accounts.

dog charity in

around £5,000 a year to

our team.

One scam involved

Shropshire, died aged

cover some of the costs

contacting businesses

64 of lung cancer

of the holiday home,

of Jonathan Rivers, the

to announce they

two years after being

but he ended up losing

Derby-based company

had won an award

relentlessly targeted

his family home that he

by Wyvern Media, and

owned for 50 years to

her husband feels the

pay for the debt created

massive stress brought

by the advertising. The

on her terminal illness.

big complication was

Under the direction

‘The most shocking case was that of John Moyle, who died aged 83 shortly after spending nearly £100,000 on advertising for his holiday home in the south of France’

Unlike other scams,

that not all of the money

the company did not

went to Wyvern Media

target vulnerable people

– a salesperson known

as there was evidence

as Barbara Stone from

cold-called small

from a Wyvern Media

that their salespeople

Leicester-based Aspire

companies to pressurise

publication, but they

would trawl through

magazine swindled more

them into purchasing

would only receive

other newspapers and

than £74,000 from Moyle

advertising space in

it and the associated

journals to identify

through her relentless

its publications. This

advertising for a fee.

potential businesses and

sales calls. Stone learnt

saw the defendants

Derby Trading

charities to cold call.

her sales techniques

lie to businesses by

Standards started

Many astute business

while at Wyvern Media,

using false distribution

to receive a deluge

people fell for the sales

but Aspire is a magazine

figures and misleading

of complaints about

patter as the sales team

with a widespread

them into thinking their

the company in 2007,

were often vague about

distribution. However,

publications would

and these complaints

the publication they

we could not overlook

be promoted at high-

snowballed over

were representing by

the impact her mis-

profile events relevant

the following few

saying they were from

selling had on Moyle

July 2017

Digest: case study

During my first few

were lucky to receive a

In addition, its

9

The team was able

story has been covered

to secure jail sentences

by The Daily Mail and

and ensuring she was

totalling more than

The Mirror. This can

prosecuted for her

15 years for the

only be a good thing as it

actions demonstrates

managing director

means other businesses

our flexible approach

and four co-directors,

and charities will be

to seeking justice for key

and proceeds of crime

more aware of this kind

victims.

money amounting to

of scam and will not

The main thing that

£1.5m. Throughout the

rush into placing an

impressed me coming

investigation the team

advert with an unknown

into the case was the

had to demonstrate

publication. It also

effective use of resources

significant progress and

shows that trading

to coordinate and support

demonstrate the funding

standards will take

this huge operation.

was being well spent.

on large organisations

It was vital that all 11

In a case as large and

which fraudulently

Wyvern Media offices

complex as Operation

target businesses

were raided, alongside

Spinnaker it was vital

and consumers.

a number of residential

that all lines of enquiry

addresses, at the same

were comprehensively

show that fraud is on

time in November 2012 to

investigated to avoid

the increase. With

prevent evidence being

the risk of a successful

Wyvern Media out of

Consumer complaints

Digest: case study

lost. Our team worked closely with police forces and trading standards teams in each area to carry out these raids and the NTS e-Crime team was invaluable in helping us to record all

legal challenge. Success

the frame we may see

the data on the company’s

is not just measured by

this void being filled

computers over one

prison sentences and

by copy-cats or other

weekend.

assets seized; all the

heartless chancers who

Furthermore, the

defendants made guilty

set up or expand into the

support of police

pleas, demonstrating our

business of mis-selling

officers enabled us

investigation was robust

advertising.

to use search and sift

and covered all possible

powers to analyse the

grounds. This gave the

trading standards

1,470 bags of evidence

team a huge sense of

authorities tackle such

taken from Wyvern’s

job satisfaction.

fraudulent activity to

Derby head office alone.

10

‘All the defendants made guilty pleas, demonstrating our investigation was robust... this gave the team a huge sense of job satisfaction’

The national media

Their presence also

exposure that this case

ensured these raids

has attracted since the

went smoothly, which

first round of sentencing

included catching two

has been immense. We

Wyvern employees

have been interviewed

fleeing the scene of one

by two national TV

raid in an attempt to

consumer programmes

remove evidence from

and countless regional

a nearby premise.

media outlets, and the

It is crucial that all

ensure history does not repeat itself.

James Delaney is team manager of the Regional Investigation Team for the East Midlands, based at No inghamshire County Council.

July 2017

[Vauxhall] was too slow to acknowledge drivers’ concerns, too slow to begin an investigation, too slow to address the causes and too slow to alert drivers of real safety concerns LOUISE ELLMANN MP CHAIR OF THE TRANSPORT SELECT COMMITTEE COMMENTING ON A REPORT CONCERNING THE FIRE RISK IN VAUXHALL’S MODEL B ZAFIRA CARS

You may have a small authority, but it can have a big impact. You have the heart and stomach to make real changes in the community, and that’s what we’re all about PHIL OWEN ASSISTANT DIRECTOR REGULATORY DELIVERY DIRECTORATE BUSINESS ENERGY AND INDUSTRIAL STRATEGY BEIS SPEAKING AT CTSI AND ACTSO’S LEADERSHIP CONFERENCE

‘Robinson was a cleaner who didn’t clean and a carer who didn’t care’

In 2016, reports of holiday fraud rose by nearly 19 per cent, with 5,826 last year, compared with 4,910 in 2015. Holidaymakers lost £7.2m – an average of £1,200 per person ACTION FRAUD

Operation Jasper has seized 7,000 counterfeit and pirated products, commenced more than 50 raids and investigations, and removed 8,100 infringing listings from Facebook

Abstracts CROWN COURT WITNESS EVIDENCE ‘TAKEN TO THE CLEANERS’

NATIONAL TRADING STANDARDS E-CRIME TEAM

From TS Today

The current system for consumer protection is at crisis point, as outlined recently by the National Audit Office. The complexity of the 21st-century marketplace – combined with structural challenges caused by falling resources – are not being adequately addressed, resulting in a system of consumer protection that is increasingly inconsistent and ineffective

In 1963, there were 880 full-time equivalent weights and measures inspectors in the UK. By 2014, there were just 257 METROLOGY EXPERT DAVID TEMPLETON ‘GOING BACK TO OUR ROOTS’

CTSI LETTER TO THE UK’S MAIN POLITICAL PARTIES BEFORE THE GENERAL ELECTION ‘PROMISES PLEDGES AND PIE IN THE SKY’

The regulatory regime is at risk of being left behind by the speed of uptake and development of relatively new products, so there is a need for robust due diligence to demonstrate that such products are safe MARTIN ALLEN ELECTRICAL SAFETY FIRST SPEAKING AT A SEMINAR ON RISK MITIGATION OF LITHIUM BATTERIES AND DRONES

Source: TS Today April-June 2017 www.tradingstandards.uk/tstoday

Since May 2015, trading standards services in London have made 444 visits to le ing agents, sent 363 warning le ers, and issued just 99 notices of intent and 52 final notices ‘LETTING THEM GET AWAY WITH IT’ SIAN BERRY GREEN PARTY MEMBER OF THE LONDON ASSEMBLY

11

As the sharing economy has boomed, so too have the calls for its businesses to be subject to the same regulations as other companies

Words. Louise Parfi

Analysis

Is sharing caring?

Many of us have looked on

regulated in the same

‘people to people’ platform,

strict way as black cab or

outside the regulatory

Airbnb, for holiday

licensed minicab drivers.

environment may be over,

accommodation, or used

In London, Uber drivers

however. Uber has spent

a mobile phone to ‘hail’

have more freedom over

much of the past year

an Uber taxi – or we know

setting fares, don’t need

embroiled in controversy,

people who have. And

to pass ‘the Knowledge’

exemplified by the number

these two firms are just the

– the tough exam that

tip of a very large iceberg

tests a potential cabbie’s

in the ‘sharing economy’,

awareness of routes –

which has boomed in

and, although they can’t

recent years. According to

be flagged down in the

a survey by professional

street, they can, in effect,

services firm PwC, the UK

be ‘hailed’ from a person’s

has the fastest-growing

phone, via the Uber app.

sharing economy in Europe, with transactions

they are losing customers

worth £7.4bn in 2015 – and

to Uber; last year, around

platforms taking home an

8,000 black cab drivers

£850m slice of this.

brought central London to

Its explosive growth has

12

Taxi drivers complain

a standstill in a protest over

had a dramatic impact on

the company. There have

traditional industries. Take

also been questions over

Uber, for example: anyone

safety and accountability

can become an Uber

because of the lack of

driver because they aren’t

regulation of Uber drivers.

The days of operating

of legal battles it has been fighting around the world,

TRAVIS KALANICK FORMER UBER CHIEF EXECUTIVE

including with Transport for London over licences

‘Stand by your principles and be comfortable with confrontation. So few people are – so when the people with the red tape come, it becomes a negotiation’

and a compulsory written English test for its drivers.

Benefits ruling In the UK late last year, an employment tribunal ruled that Uber drivers are not self-employed and so should be paid the national living wage. They are also entitled to benefits such as holiday and sick pay.

Uber is set to appeal this decision later this year.

Meanwhile, Airbnb –

Sharing economy facts

€28bn

50+

2016

The value of transactions facilitated in 2015 by five key sectors of Europe’s sharing economy, including peer-topeer transportation, peerto-peer accommodation and on-demand household services

The number of sharing economy organisations that have been founded in the UK

Last year’s Budget introduced two £1,000 tax-free allowances for property and trading income for any sole trader, a measure billed as the ‘world’s first sharing economy tax break’

35%

The increase in revenue that the sharing economy is forecast to make per year over the next decade, which is 10 times the growth of the wider economy

July 2017

that apply to traditional

notorious for pushing back

traders do not apply to

on attempts to bring it into

them. ‘It’s the consequence

the regulatory environment

of performing a service

– has made some attempts

regularly that may tip

to comply with local laws

them into the bracket of

and introduced measures

being traders – and then

to ensure hosts are not

consumer protection starts

using the platform to run

to apply,’ he says. ‘Do

a business. For example,

individuals using these

it has limited the amount

platforms know they face

of time a property can be

more regulatory scrutiny

rented for in several cities, including London (90 days per year).

Peter Robson, Airbnb’s director of public policy (Europe, Middle East and Africa), says the company is working closely with policymakers. ‘As with any innovation, new rules

than they assume?’

BRIAN CHESKY AIRBNB CO-FOUNDER AND CHIEF EXECUTIVE

‘Marriott wants to add 30,000 rooms this year. We will add that in the next two weeks’

The sharing economy will undoubtedly keep growing. Airbnb now offers travellers the chance to book ‘experiences’, and there have been rumours that it may expand into flight bookings.

Bruce Treloar, CTSI lead

are needed to keep pace

officer for holiday and

with changes in consumer

travel law, says that – while

habits – and Airbnb has

businesses. ‘Despite the

there are other services

worked with more than

90-day-limit legislation

on the site – these appear

300 governments on

in London, there is no

to be bought separately

progressive home-sharing

evidence that sharing-

from the accommodation.

rules,’ he says.

economy platforms are

‘However, thinking about

being obliged to ensure

the new Package Travel

on compliance, Airbnb

compliance,’ says Luke

Directive, Airbnb would, in

cites its Community

Petherbridge, senior

my view, be facilitating the

Compact initiative – a set

public affairs manager

sale of these other services

of policy principles and

at ABTA. ‘Peer-to-peer

which are “targeted” at

commitments that includes

accommodation should

consumers on its website.

helping to ensure the

be subject to the same

This means we may

Airbnb community pays

laws – with regard to

consider this to be a Linked

its fair share of taxes – and

fire safety, and data and

Travel Arrangement, and

points to its TrustSeal

payment protection – as

so in need of insolvency

kitemark. Awarded by

traditional tourism models.

protection in the future.’

Sharing Economy UK, this

More needs to be done to

means the company has

enforce legislation.’

As evidence of its focus

met a list of good-practice principles.

But others think

Craig McClue, CTSI lead officer and policy executive, warns that those

more needs to be done

supplying a service via

to ensure regulatory

these platforms should

and tax compliance by

not assume that the

the sharing-economy

normal regulatory rules

July 2017

Sources Robert Vaughan and Raphael Daverio, Assessing the size and presence of the collaborative economy in Europe, April 2016 www.pwc.co.uk www.guardian.co.uk www.telegraph.co.uk www.cityam.com www.nytimes.com www.bloomberg.com

MEPs’ SHARING ECONOMY GUIDANCE MEPs’ recommendations to address regulatory grey areas causing significant differences among member states, due to national and local regulations and case law, include: ● Individual vs professional providers: effective criteria for distinguishing between ‘peers’ (individual citizens offering services on an occasional basis) and ‘professionals’ is needed ● Consumer rights: information to consumers about the rules applicable to each transaction and their rights; collaborative platforms put in place effective systems for complaints and for se ling disputes ● Liability: the EU Commission should further clarify the collaborative platforms’ liability as quickly as possible ● Workers’ rights: fair working conditions and adequate protection should be guaranteed for all workers in the collaborative economy; workers should also be able to transfer and accumulate users’ electronic ratings and reviews ● Taxation: similar tax obligations should be applied to businesses offering comparable services, whether in the traditional or the collaborative economy

Analysis

which, for a long time was

13

Clairvoyance, uncertainty and change Viewpoint

Words. Ben Richards // Images. iStock

Political predictions are fraught with danger – just see my

have been slow, despite ample evidence of benefits and

General Election. Clearly Mrs May had other ideas.

a broad consensus among stakeholders. Each part of

It seems the voting public have a habit, especially over

the UK has taken different paths, reflecting the divided

the past few years, of taking predicted certainties – there

structure of trading standards governance and delivery.

would be a hung parliament in 2015, Britain would vote

While legislation largely remains a reserved matter at

to remain, America would elect Hillary Clinton – and

Westminster, delivery of services and consumer advice is

delivering surprise results. Thankfully, the result of the

separated to councils and national parliaments.

latest election was in by the time I started writing this column, saving me from further folly.

While the national election has a deciding influence

In Scotland, the review of trading standards prompted by the 2013 Scottish National Audit Office report rumbles on, with the Convention of Scottish Local Authorities

over so much, it is the local county council elections, which

leaders potentially considering proposals for the future of

took place in May, that have a direct impact on much of the

services in the coming months.

profession. These councils have a deciding influence over

In early 2010, Wales had previously indicated it may

trading standards, controlling the budget, structure and

reform trading standards, only to see this stall as councils

priorities for the 190-plus trading standards departments

struggled to combine their services. In January 2017, the

across the UK.

Welsh government launched a consultation on the future

In our role informing decision-makers about the role

of public protection services – of which trading standards

and scope of trading standards – as well as leading on

would form a constituent element. If the proposal was

debates that may impact on the profession’s future – CTSI

enacted, there would be regional public protection services

has launched a video that can be used as an aid to updating

which, while maintaining the existing council structure as a

new councillors about the work of the service.

‘front-door’, would deliver services regionally.

Thanks to the incredible breadth of the work trading

CTSI broadly supported the proposals, especially

standards do, we chose to focus on just three areas:

the commitment to mandate change in the way that

safeguarding vulnerable people from scams and fraud,

services would be delivered to a larger, more regional

which affect their financial, physical and mental health;

footprint. With reform often starting with good intentions,

protecting young people’s health and welfare by preventing

there were concerns about the paper’s lack of a firm

underage sales of harmful products; and helping firms to

timetable for delivery, or binding commitments from

grow and thrive through expert advice on regulation.

local authorities on budgets, staff and participation in

The video, along with a supporting briefing note, is available from our website.

14

Moves towards larger units of trading standards

previous column’s prediction that there would not be a

regional public protection services. Further, we pointed out that if it was possible that trading standards could

July 2017

with the police.

While reform of the structure of trading standards is not yet on the cards in England, we have continued to

Viewpoint

stand alone in this reform, there would be better synergies

highlight the national significance that trading standards could play in wider government policy. Responding to the previous government’s industrial strategy, we focused on the overall value that trading standards offers to the economy – especially the value enforcement has to firms in providing a level playing field – along with the positives that expert support can give to business growth.

It is positive that the last government was open to suggestions on government agencies in need of realignment to fit with the modern economy. Considering the benefits trading standards offer, the strain services are under, and the last seven years’ experience of stalling mergers, our services should be seen as a prime candidate for such a reform. Working with the new government, we hope to continue to highlight the benefits the service can offer, not only to consumers and businesses, but also to the wider economy.

While parliament was winding down, there was a Westminster Hall debate on tumble dryer fires that once again threw into focus the very human challenges that consumers face when something goes wrong.

During the debate, Andrew Bingham, MP for High Peak, summed up the unseen damage when discussing a constituent’s experience: ‘We talk about the consequences of such fires for people’s lives. She lost pretty much everything and, unfortunately, she was not insured. This happened some time ago and she is still living with the consequences.’

When considering strategic problems for the service, it is important to remember this is the individual cost we hope to prevent – an individual cost that, as we are all too painfully aware, in different, excruciating circumstances, could flare up into a major tragedy.

Only by leading the debate on where consumer protection goes next can we hope to avoid future failures that blight peoples’ lives.

Ben Richards is campaigns and policy executive at CTSI.

15

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Grenfell Tower: why rules matter This issue, I was going to write something about the

many ways to distract themselves – and distraction is

General Election – something mildly amusing, with a joke

where the problem lies.

about Corbyn, then one about May, and a scrupulously balanced prediction of the effect this will have on trading

It turns out the biggest threats to our wellbeing come not only from the polarising drama of overseas

standards and the power we

organisations with a grudge,

have to protect people.

but equally from our failure

But then, on 14 June, a

to adhere to boring, boring

fire took hold of a tower block

protocols and procedures that

in west London, killing and

we have built up to protect

injuring dozens of people,

ourselves. These rules and

destroying their homes and

practices have taken decades

lives. The reasons behind it

to perfect and have cost lives

remain unclear and – until

to necessitate, yet it feels as if –

there has been a thorough

over the past decade or two – we

investigation – I’m not going to

have thrown them out for the

join in with the understandable

sake of cheap curling tongs or a

finger pointing. I can only state

few pounds of rental profit.

the painfully obvious: however

The danger is that the

the fire started, whatever the

General Election may have

reason it spread so quickly,

been just another distraction.

it represents a failure of our

Thousands of column inches

society to give its members the

were spent pitting one

most basic of protections – a

character against another, as if

safe place to put their family to

it were a soap opera. Grenfell

bed at night.

Tower should remind us that,

I’ve seen nothing to suggest

Viewpoint

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

behind the personalities and

it couldn’t happen again, and my experience tells me

headlines, it’s a system to put people in charge of the

that, without drastic action, it will. I’ve spent 20 years

processes that keep us safe – not just in the broad

on Watchdog, telling stories and asking questions about

brushstrokes of policy and strategy, but in the fine

product safety – and, on Housing Enforcers, I’ve knocked

detail of testing and inspection, investigation and

on doors and, in part, evaluated occupants’ ability to

compliance, education and enforcement.

escape in the event of a fire. In both of these areas, it seems to me we are going backwards apace. These are difficult subjects to make exciting and they will never compete with Top Gear or Bake Off for viewers with so

July 2017

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

17

Last edition’s cover story caused a bit of a stir among readers. Here, we publish two points of view and charity HealthWatch’s reply YOUR LETTERS

In response – Viewpoint

Mind the cracks

No circular relationship

seek to bring about compliance. After liaising with

I read with interest the article in April’s TS Review

Halcyon Bracelets for a period of time, it was brought

about HealthWatch’s research into the effectiveness of

into compliance, as it was not able to provide scientific

trading standards. Camden Trading Standards is the

evidence in support of its claims.

legal backstop for the Advertising Standards Authority

I cannot comment on how other authorities would, or

(ASA) and receives referrals from it

have, handled similar complaints,

about traders who have not come

but it is right that complementary and alternative medicine (CAM)

into compliance. t h e t r a d i n g s ta n da r d s j o u r na l

An area of the article that I

practitioners have the burden on

would like to comment upon is the

them to prove their claims – which

remark from Les Rose that there

is why Camden TS has been so

is a circular relationship between

successful in its backstop role,

the ASA and trading standards,

either in bringing such practitioners

whereby cases can be referred to

into compliance or ensuring

the backstop and, theoretically,

websites are taken down.

trading standards can send them back to the ASA as the ‘established

Karen Ford

means’. This is not true.

Trading Standards Officer London Borough of Camden

The ASA is considered to be the established means under the Consumer Protection from Unfair

An NTS perspective

April 2017 Issue 10

Trading Regulations 2008, so –

Under the Consumer Protection

unless there is a good reason not

2008 (CPRs) enforcers are required to consider established

not bring about compliance, then Camden TS is funded to

means before taking action – so advertising breaches

use its enforcement tools to deal with the trader. There is

under these regulations should, if appropriate, be referred

no mechanism for traders to then be referred back to the

to the ASA.

ASA – and to suggest otherwise is not helpful.

18

from Unfair Trading Regulations

to – cases should start with the ASA. If its regulation does

Where the ASA is unable to secure compliance, the

Halcyon Bracelets was referred to Camden TS by

government has made provision for a legal backstop.

the ASA, so we liaised with the local authority where the

Since 2013, this has been the responsibility of National

trader is based and it was agreed that Camden would

Trading Standards, which currently commissions and

July 2017

HEALTHWATCH IN OUR DEFENCE‌

1. 38 complaints were submitted to trading standards by volunteer investigators 2. 46 follow-up letters were sent 3. Follow up took between 10 and 74 workings days (median 31) Words. Carina Bailey Images. iStock

4. Four pieces of enforcement action*– applying to just two traders – were taken as a result One trading standards team said a claim had not been made, describing the information published as ‘simply the experience of the seller’. To another investigator, it replied: ‘Another trading standards department is currently considering the matter in light of current advertising and Advertising Standards Authority (ASA) ruling.’

Last December, the National Audit Office (NAO) published a long-awaited report into the performance of the consumer landscape, which found that trading standards protection at a local level was beginning to fail because of a lack of investment. Now, those findings appear to be backed up by independent research, which describes the process of reporting complaints via Citizens Advice

However, a different trading standards service did believe a claim had been made, but said it was ‘not best placed to determine the accuracy or otherwise of these claims’, suggesting the investigator contact the ASA.

as ‘extremely labour-intensive’, with many volunteer investigators dropping out before the project was complete.

The charity HealthWatch officially began researching the effectiveness of trading standards 21 months before the NAO’s report was published. Following a 56 per cent drop in full-time equivalent officers in seven years – down from 3,534 in 2009 to 1,561 in 2016 – this latest research found:

• Trader – The Crystal Healer

One trading standards team said it had referred the complaint to the trader’s local trading standards department.

It advised the investigator to ‘contact your professional body (GMC?) [sic] and also Hertfordshire Public Health.’

• Submitting complaints to trading standards via Citizens Advice concerning misleading health-related claims is extremely labour-intensive and does not encourage vigilance by consumers

a new research study has added to the growing body of evidence that cash-strapped trading standards departments are close to breaking point

• Most complaints to trading standards about misleading health-related claims do not attract any enforcement action

A different trading standards team responded, saying it did not believe a criminal investigation was appropriate, and that the relevant trading standards department will have been informed by Citizens Advice.

• Approaches to enforcement among trading standards offices are highly variable, showing little or no standardisation The research specifically investigated the use of the Consumer Protection From Unfair Trading Regulations 2008 (CPRs) in regulating online commercial claims related to health benefits. Some 10 claims were selected from products that investigators considered to be making clearly misleading statements. These claims had to have been widely marketed nationally, creating

18

Consumer landscape

• Trader – Halcyon Bracelets

*Enforcement action was categorised as: trader complied with trading standards’ advice to desist; trading standards advised trader, but trader did not comply; case referred to another regulator; trading standards prosecuted trader; trading standards took no action.

funds Camden Council Trading Standards to carry out this work for it.

As per agreed case-handling principles, cases are referred to Camden TS, which – in accordance with its own enforcement policy – takes steps to bring about compliance, or takes appropriate enforcement action.

There is no mechanism in those case-handling principles for cases to be referred back to the ASA; if a referral is accepted, then Camden TS deals with it, sometimes in conjunction with others, until it is resolved. There is no ‘circular’ referral between the ASA and trading standards for CPR-type issues.

A website operated by the owner of Halcyon Bracelets was referred by the ASA to Camden TS and the website in question was brought into compliance. A further complaint was then received about this trader –but in relation to other websites – and that information has also been acted upon by the ASA and Camden TS. This does not apply to matters such as food claims, where NTS has approached the Food Standards Agency (FSA) to see if it wishes to fund a similar mechanism, as NTS and Camden would be more than happy to extend this backstop role to food. However, the FSA did not wish to pursue this option, so our role is restricted to Department for Business, Energy and Industrial

19

It was never the intention of HealthWatch to conduct a study designed to point a finger of blame, but rather to assess how the system works as objectively as possible. The study protocol minimised bias and simulated, as far as possible, the standpoint of an ordinary consumer. Marketing claims were randomised between volunteers, who were distributed across England. Legal advice informed a structured approach, which should have raised the priority with which trading standards services treat each complaint, and encourage consistent treatment of cases.

We should emphasise, however, that the ma�er of the `circular relationship’ between trading standards and the Advertising Standards Authority (ASA) is a very minor part of our findings.

We commissioned three rounds of legal advice from a specialist in consumer law – two before the study and one when analysing the data. We drew our adviser’s a�ention to the roles of trading standards and the ASA. We observed that this looked like a circular relationship, and our adviser agreed. We are not aware of any provision in the CPRs that precludes such a relationship, and this observation seemed to be supported by one trading standards officer in the study referring us back to the ASA. We had extensive discussion with our legal adviser about the operating framework for trading standards and the ASA. A difficulty arises, however, when non-compliers are referred by the ASA to trading standards, which must reach a higher evidential threshold before taking action. This is because trading standards must ensure its case is strong should it go to court. Thus, an advertiser ruled non-compliant by the ASA may still not a�ract action from trading standards, even when referred. From our perspective, this weakens the position of trading standards as the legal backstop to the ASA. We are aware of the severe resource constraints under which trading standards services are operating. An important aspect is that the CPRs are the UK implementation of the EU Unfair Trading Directive. If a member state fails to provide for enforcement of a directive, it is in breach of EU law. Hence, by withholding funding, central government appears to be in breach – but, under the present political circumstances, it seems unlikely that ministers will be motivated to address the ma�er.

A more significant finding of our study was that scarce resources are applied inconsistently, and that interpretation of the CPRs is variable. We always hoped that the findings would be useful for trading standards in the planning of policy and procedures, and still do. HealthWatch would welcome the opportunity for constructive collaboration with trading standards, with a view to improving protection of the public from potentially dangerous, health-related marketing claims. The present debate is a step towards that.

Viewpoint

Key FindingS

Strategy-related legislation, as we are limited by our grant conditions in how we use government money.

Les Rose Trustee, HealthWatch (charity 1003392)

Wendy Martin Programme director, National Trading Standards

July 2017

Got an opinion?

We want to hear it. Email tsreview@tsi.org.uk or visit CTSI’s forum page (www.tradingstandards.uk) to add your voice to the discussion. We reserve the right to edit le�ers.

19

20

July 2017

Words. Leon Livermore Images. iStock.com

EYES WIDE SHUT Trading standards’ frontline could disappear if the new government

Government must ensure consumer protection can meet

●

the challenges of a 21st century economy, post Brexit,

at homes across the country led to fires and physical

before the system becomes fatally undermined.

Since 2010, successive parliaments have failed to take

In 2016, the arrival of thousands of deadly hoverboards harm – and a ruined Christmas for many families

●

Every day, numerous instances of scamming take place,

action to relieve the extreme strain trading standards –

often carried out with industrial callousness against

the foundation of our consumer protection landscape – is

vulnerable victims whose average age is 75, with only

now under. I fear that if, in this parliament, there is no

five per cent of victims reporting it to the authorities

change that reflects the systemic issues facing services,

Consumer protection is a massive policy area; trading

then consumer protection as a skilled professional area –

standards enforce statutory duties related to 263 pieces

with its potential wider benefits across crime prevention

of legislation, and there are numerous regulated markets,

and the economy – could simply disappear.

each with multiple ongoing challenges.

We need a strategy, led by central government, that

I am often amazed at the potential impact consumer

will make consumer protection – and in particular trading

protection could have. For example, a victim of a scam is

standards – fit for 21st century Britain.

2.4 times more likely to need additional care in the year

Trading standards’ contribution

after being targeted than someone who has not been defrauded. Considering that we only know of about five

In the UK we take a lot for granted, such as: the products

per cent of scams, the potential saving to adult social care

we buy are safe; we will not be defrauded; the food we

is something we cannot ignore as our population ages.

buy is what’s on the label; the animals in our food chain

While the stereotype of consumer crime is a boot sale or

move safely and disease-free; a quoted weight is what it

perhaps a doorstep con, evidence shows that organised

says it is; and businesses trade in a fair environment.

crime increasingly sees consumers as an easier target.

The work of trading standards is absolutely central to

Unfortunately for frontline trading standards officers,

ensuring this confidence is well-placed. We do not have

reform is proving too slow to maintain the benefits

to imagine what happens when this confidence is tested:

that the service offers. During the General Election

●

In 2013, the discovery that food labelled as beef

campaign I wrote to party leaders pressing the urgency

contained horseflesh caused financial damage to

of a strategy for consumer protection in light of Brexit

retailers and producers alike

and the wider issues in the system as a whole. I am not

July 2017

CTSI message to government

doesn’t act, says Leon Livermore

21

CTSI message to government

alone in this; Which?, in its pre-election manifesto, asked

ordinating body to address where local services are

the government to: ‘Use the opportunity presented by

unable to complete their obligations. National Trading

Brexit to rapidly reform the UK’s enforcement regime,

Standards is a vital funding body that finances teams to

improving the way it is delivered... and ensuring that

focus on level 2 and 3 crimes. Yet, as the NAO points out,

enforcement agencies make full use of their powers.’

this system does not achieve all the outcomes expected.

Several reviews of trading standards and the

The challenges

consumer protection landscape have taken place over the

The National Audit Office (NAO) has set out the key

past two years, but still no action has been taken despite

issues: our consumer protection system is not adapting

a broad consensus in the trading standards community

to the modern marketplace – particularly to something as fundamental as the internet and the rise of the sharing economy; there is still no way to measure what the profession is doing; there are no levers for nationally important issues to be dealt with uniformly by local services; and it is not yet delivering value for money. And now we have Brexit, something that may change, over time, the source and detail of much of our consumer protection legislation and cause uncertainty among businesses and consumers.

Taken individually, each dynamic is a challenge.

Collectively, with resource constraints and the fractured nature of consumer protection, we’re at a turning point.

WE NEED A STRATEGY, LED

BY CENTRAL GOVERNMENT, THAT WILL MAKE CONSUMER PROTECTION AND IN PARTICULAR TRADING STANDARDS FIT FOR 21ST CENTURY BRITAIN

The government must take action in this parliament to put these issues right.

The facts

need to be consolidated into larger units.

Larger services match the scale that consumer crime

Trading standards’ strength should be its local character,

often takes. They offer economies of scale in support

but the front line of this system is disappearing.

roles, and give services the ability to match the skills

Services based in local authorities account for around

they have to the strategic needs of their area, including

75 per cent of consumer protection spending outside

businesses that may rely on this expertise to remain

regulated markets. Yet, in the past seven years we have

compliant with the law. Moving to larger units of trading

seen staff numbers fall overall by 56 per cent, leading

standards has been on the agenda for several years, with

to a geographic patchwork of services and a system

some services already in agreements. However, these

that is being undermined from its foundations. As a

only come together via the voluntary arrangement of

service delivered locally but with national and regional

councils. This has taken place in only a handful of areas,

significance, the emerging patchwork is a key weakness.

which is just not an adequate response to the actual

Inevitably, the system is only as strong as its weakest

erosion of consumer protection.

service; if one area fails, the whole system is undermined.

Considering trading standards makes up less than

CTSI has carried out substantial research into the

one per cent of local authority spending and that councils

challenges facing the profession, looking at the work

are under spending pressure from other larger services,

trading standards does, what businesses want and

it is understandable that reform on a local level is not a

concluding with our Vision: a strategy that outlines

priority for individual authorities.

the advantages of – and urgent need to consider – a

So it seems to me that trading standards is in

reformed trading standards model to reverse the system’s

a catch-22: reports have outlined the problems in

downwards-spiralling trajectory.

great detail, yet there have been no moves to deal

There are more than 190 trading standards services across the UK. The service is mainly local with no co-

22

and the Local Government Association that local services

comprehensively with them. There have been major scandals, yet no willingness to confront the underlying

July 2017

issues in local delivery or in linking work across Whitehall. And this inaction means the viability of the With the consensus that larger units are the future, and clear evidence that localised reform will not deliver universal results, government has a clear opportunity to shape consumer protection for the challenges it now faces. At a minimum, government should acknowledge larger services as the way forward, potentially within city deals or the future industrial strategy. It should encourage services to combine with support and guidance; it should work with councils struggling to maintain frontline staff.

However, if the government wants to ensure consistent coverage, it should consider how to reform the structure of local delivery and work with resourcestrapped local government to create a new map of larger, more strategic services. It should take responsibility for understanding what frontline delivery is achieving – preferably by setting up a performance framework that reflects the national, regional and local roles the service plays. MPs on the Public Accounts Committee should ensure these matters gain the full, in-depth attention they deserve, while backbenchers should continue their excellent work in highlighting important issues.

Trading standards officers are the front line in

A PROFESSION IN REVIEW In the last parliament there was a seemingly never ending number of reviews into the system – or individual elements of it – without any progress or conclusion. This meant there were no resulting benefits for consumers and businesses. ● In 2016, the National Audit Office both reviewed

consumer protection and regulated markets – reporting issues within nationwide local delivery

CTSI message to government

service is being steadily eroded.

● In 2015 and 2016, the government reviewed trading

standards twice: once linked to the productivity plan; and secondly to the cu ing red tape review – neither report has been published

● In 2016, the Local Government Association looked

at the future of trading standards, agreeing that larger units were the preferred option

● There is an ongoing Home Office workstream

looking at fraud, which includes scamming

delivering for businesses and consumers. Government cannot afford to turn its back, as parts of that front line start to crumble.

● In 2015, Lynn Faulds Wood reported on the state

of the UK product recall system, finding there was an urgent need to improve resourcing for trading standards

Leon Livermore is CTSI’s chief executive.

23

24

July 2017

Power of discretion

Words. Lewis Walsh and Dr Michael Duignan Images. iStock

New research into the regulation of the London 2012 Olympic Games shows that the threat of enforcement

One of the major criticisms of the modern Olympic

accounts with the Olympic Delivery Authority (ODA –

movement is that the advertising and trading regulations

organisers and enforcement officers), and other relevant

protecting the International Olympic Committee (IOC)

bodies that almost all had a background in, or were

and its sponsors – such as McDonald’s and Coca-Cola –

seconded from, trading standards.

from ambush marketing are implemented at the expense

While the new Olympic advertising and trading

of small, local firms, which do not benefit proportionately

regulations led to some formalisation of regulatory

from the Games.

practice, the research found that, in reality, they were

The London Games presented regulators with a series of rather contradictory demands posed by the ‘local’ and ‘global corporate’ stakeholders – often simultaneously.

often enforced in a discretionary manner – typical of the way trading standards enforce regulation every day.

(informal) practices to fulfil the challenging task of

Enforcing the Olympic advertising and trading regulations

managing all parties’ expectations, while enforcing the

The small firms’ perspective of Olympic advertising

new regulations.

and trading regulations is quite charged, driven by an

Regulators used a mixture of formal and discretionary

Recent research into advertising and trading

anticipated ‘threat’ of prosecution by the ODA and their

regulations at London 2012 considered these to be the

belief that fans were funnelled toward official Olympic

most powerful ever enacted for an Olympics, as they

sites at the expense of local communities. This view has

were enshrined in criminal statute, with potentially

some credence given that – in areas such as Greenwich

unlimited fines for more serious infringements. Thus,

– local businesses experienced up to a 95 per cent

previous studies often offer a critical view of the

reduction in trade during the Games.4 One member of the

advertising and trading regulations at these Games,

Joint Local Authority Regulatory Service (JLARS) said: ‘It

describing them as ‘draconian’, non-negotiable and

was a bit of a ghost town outside some of the stadiums.’

1

2

Academic research

can be just as effective as prescriptive legal action

detrimental to local businesses.3 It should be noted, however, that these studies were done before the event, using the written legislation – some of which was passed up to six years before the opening ceremony – to inform discussions about the (typically negative) impact the regulations could have on local, small firms. By contrast, this research has been undertaken after the Games, and draws on qualitative

July 2017

MOST INFRINGEMENTS WERE RELATIVELY MINOR AND DID NOT WARRANT A HEAVY HANDED APPROACH 25

THE LEGISLATIVE CONTEXT OF LONDON Upon granting London the right to stage the 2012 Olympic Games, the IOC required the winning bidder to comply with the Olympic Charter.5 Chapter 1.2 of the Charter sets out the IOC’s exclusive ownership of the Games’ key properties: ‘All rights and data relating thereto, in particular, and without limitation, all rights relating to their organisation, exploitation, broadcasting, recording, representation, reproduction, access and dissemination in any form and by any means or mechanisms whatsoever, whether now, existing, or developed in the future’ (International Olympic Commi„ee 2011; 22).

Academic research

Such ownership included all ‘Olympic Properties’ (Olympic Charter, 2011) – the Olympic symbol (rule 8), the flag (9), the mo„o (10), the emblems (11), the anthem (12), the flame and the torches (13).

The IOC sells access to – and association with – its Olympic properties to private organisations, which together form The Olympic Partners (TOP) sponsorship programme. To protect the investment of official sponsors, the London Olympic Paralympic Games Act (LOPGA) 2006 – amended in 2011 – was passed. This provided a regulatory framework to facilitate the building of the infrastructure necessary for staging the Games.

It also set out explicit protections for the Olympic commercial rights – protecting the words and symbols that are most commonly associated with the Games.

To oversee these purposes, the LOPGA (2006) prescribed the creation of a new public body – the Olympic Delivery Authority (ODA). This had wideranging powers and was responsible for delivering: the physical infrastructure of the Games (sporting, media, and accommodation facilities); the London transport plan (the movement of athletes, officials, and spectators around London); and the dissemination and enforcement of advertising and street-trading regulations in the vicinity of Olympic venues.6 The LOPGA also granted enforcement officers the power to: ‘enter land and premises on which they reasonably believe a contravention of regulations is occurring‌ to remove, destroy, conceal or ease any infringing article‌ and use, or authorise the use of, reasonable force for the purpose of taking action under this subsection’ (LOPGA, 2011).

26

Despite the legal powers at their disposal, however, enforcement officers were often instructed by the ODA’s management to enforce the advertising and trading regulations in a ‘proportionate and representative’ way.

Such practices were encouraged to prevent officers from being represented in the news media as heavyhanded in their enforcement of the regulations. This was seen as a risk to ‘Brand UK’, which could be negatively affected if the media’s attention shifted from the sporting events to regulators stepping on the interests of local small firms.

Because the ODA was predominantly made up of trading standards officers and/or people with a trading standards background, there was also a concern that damaging ‘Brand UK’ at London 2012 could have negative consequences for the profession in an everyday, non-Olympic context. Reductions in local authority resources were already hitting trading standards hard, with an average 40 per cent fall in individual services’ budgets around the time of the Games.

So the ODA was in a position where it had to show, ostentatiously, that it was doing everything it could to prevent ambush marketing – thus deterring potential ambushers and demonstrating to the IOC that it had rigid processes in place – while avoiding heavy-handed treatment of local businesses and street traders.

The outcome of these divergent priorities were highly formalised enforcement practices that apparently left little room for enforcement officers to offer discretion to an infringing business – while, in practice, informal, discretionary enforcement practices were encouraged by management.

Gold/Silver/Bronze command An example of the formalisation of enforcement practice at London 2012 was the use of the ‘Gold/Silver/Bronze command’ by the ODA. The command structure was used to record and escalate infringements of advertising and trade regulations at London 2012.

Invented by the police services in 1985, Gold/Silver/ Bronze command is a system for officers to follow to ‘ensure that a sudden, critical incident is managed appropriately and in a consistent manner, which could stand up to the scrutiny of any subsequent investigation’.7 Everyday examples of these incidents include riots, acts of terrorism, severe weather events, and epidemics.

July 2017

get back in 10 minutes, this stuff needs to be out of here.’

In practice, most infringements that officers dealt with on

It was described as a ‘militaristic command system’

the ground were relatively minor, and did not warrant a

by managers who ran Gold command out of the main

heavy-handed approach:

operations centre at Canary Wharf, and who were

‘A lot of the offences were for stupid stuff like

ultimately responsible for enforcement decisions.

builders’ vans being parked so they would be on the

The system worked by ‘Bronze’ command –

TV, basically to advertise their companies. We just told

enforcement officers, on the ground – recording all

them to move along, and they did’ (enforcement officer

infringements on tablets, in real time, using photos and

at London 2012).

videos, and relaying this information up the chain of

Another example involved the owner of a local

command to ‘Silver’. Depending on the severity and

restaurant, at the West Ham end of the Olympic Park,

complexity of the infringement, this could be escalated

who put up infringing posters advertising his business.

to ‘Gold’ command – and, in exceptionally complex cases,

Enforcement officers went to take the posters down,

‘Gold’ command had access to the ODA’s lawyers.

but a member of the restaurant was filming, as a way

Informal, discretionary enforcement practices

to get publicity and show enforcement officers restricting local business. Instead of allowing enforcement officers to be seen ripping down posters, Gold command

While the recording of infringements was non-

instructed them to leave the posters where they were and

negotiable, ODA managers usually instructed

walk away – tolerating a small ambush of the Games to

enforcement officers to exercise discretionary practices.

avoid much-feared negative publicity.

This included enforcement officers – under instructions

The style of enforcement used by the ODA was

from Gold/Silver command – saying to infringing small

indicative of sociologist Barbara Misztal’s ‘informality

firms and street traders: ‘I’m going for a walk and, when I

span’; the formal – in this case the formalisation of

July 2017

Academic research

London 2012 was the first time such a command system had been used for the enforcement of regulation.

27

of the Olympic advertising and trading legislation, was

Academic research

the formalisation of some regulatory practices (Gold/ regulatory practice – occurs simultaneously with the

Silver/Bronze command). Engagement with local

informal, discretionary enforcement practices.

businesses, meanwhile, was informal, resulting in

The result was the recording of 896 contraventions of the advertising and trading regulations over the four-

prosecution, rather than zealous enforcement.

week period of the Olympic and Paralympic Games, but no prosecutions.

Conclusions Even in the most rigid of legislative contexts, set in the most powerful of criminal statutes, regulatory agents – such as managers and enforcement officers – have the power of discretion and interpretation in practice.

In 2012, the ODA did not just reel off enforcement decisions based solely on the prescriptions of written rules derived from previous research on Olympic advertising and trading regulation. Instead its management and enforcement officers adapted their delivery of the Olympic advertising and trading legislation based on ‘mechanisms’.8 These included the need to demonstrate legitimacy to wider stakeholders – such as the IOC and central government – set against their fears of reputational damage in the Olympic (Brand UK) and non-Olympic (trading standards) contexts.

The outcome of such mechanisms, plus the influence

28

discretionary action that typically relied on the ‘threat’ of

Lewis Walsh and Dr Michael Duignan, of Lord Ashcro Business School, Anglia Ruskin University, Cambridge.

References 1. Marrero-Guillamón I, Olympic state of exception, The Art of Dissent: Adventures in London’s Olympic State, 2012: pp20-29 2. Girginov V, Governance of the London 2012 Olympic games legacy, International Review for the Sociology of Sport, 47(5) 2012, pp543-558 3. Louw A M, Ambush marketing and the mega-event monopoly: how laws are abused to protect commercial rights to major sporting events (Springer Science & Business Media 2012) 4. Duignan M, Olympic territorialisation, shocks, and event impacts: small businesses and London’s ‘last mile’ spaces, PhD, Anglia Ruskin University, Cambridge, 2017 5. Stuart S A and Scassa T, Legal guarantees for Olympic legacy, Entertainment and Sports Law Journal, 9 2011, p24 6. Raco M, Delivering flagship projects in an era of regulatory capitalism: stateled privatization and the London Olympics 2012, International Journal of Urban and Regional Research, 38(1) 2014, pp176-197 7. See www.gov.uk/guidance/emergency-response-and-recovery 8. Fleetwood S, Structure, institution, agency, habit, and reflexive deliberation, Journal of Institutional Economics, 4(02) 2008, pp183-203

July 2017

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

Predicting the future

The next big thing?

We’re hunting for the trading standards’ equivalent of the holy grail – the next

7

craze coming to a high street near you Words. Louise Parfi After recent problems with ‘must-have’ toys –such

future crazes. Bearing in mind that must-have gadgets

as hoverboards with a tendency to explode and loom

often come out of left field and take us all by surprise,

bands containing up to 500 times the legal level of the

we’ve had a look into our crystal ball to see what could

hormone-disrupting chemical phthalates – many involved

be popular later this year – and the cheap imitations that

in consumer protection are on a mission to discover

may pose safety issues.

TS REVIEW’S PREDICTIONS FOR ­ ’S TOP TOYS AND GADGETS

1 Nail lamps

These are UV lamps that allow people to apply nailgel treatments that, previously, they would have had done at a salon.

2

Smart watches for kids The 21st-century version of the reward chart. Other features include helping kids learn to tell the time, plus some games. There are various makes and models – the Octopus watch retails for around £65.

3 3D pens and 3D printers

Hot gel is used to draw a picture that, once dry, forms a 3D model. Clever, yes, but – if the pens are not safety-compliant – risks include the rechargeable ba eries and hot gel. The same goes for the printers, which have moveable parts and can get very hot.

30

4 Robot ‘friends’ and electronic pets

‘Pets’ include Hatchimals (approx £60) and the WowWee CHiP Robot Toy Dog (around £170), while robots such as Kuri (£570) and AvatarMinds iPal (price tbc) promise companionship and assistance.

5 Toy drones

Drones are now available at pocket-money prices.

Many use lithium-ion ba eries, which require careful storage and handling to prevent them from shortcircuiting and catching fire.

6 Virtual-reality headsets

These are becoming more popular in the gaming world, although have yet to really take off more widely. Prices vary from around £400 for the Oculus Ri gaming headset to £14.99 for an Aldi version.

July 2017

5

THE ‘HOLY GRAIL’ TRAIL Carol Garre heads up the National Trading Standards Single Point of Contact Team for Product Safety. Earlier this year, she went to toy fairs in the UK and Germany to ask manufacturers if it is possible to know what is going to be the next craze. ‘The general view is that this just isn’t possible – and, if it could be anticipated, every manufacturer would be producing it,’ she says.

2 6

4

3

8 7

Magnetic balls The makers of Nanodots – the real deal – state it is ‘not suitable for children’, but these magnetic balls become cool creations, and may appeal to the younger market.

8

Interactive ‘traditional’ toys Social and emotional intelligence can now be added to toys. For example, Lego Boost’s motors and programmable bricks turn regular Lego sets into motorised or motion-sensitive toys that can talk and express emotion. It is due to be released in August.

Sources: www.cnet.com; fortune.com/predictions-2017-future-business; www.vexrobotics. com; www.lego.com; www.independent.co.uk

July 2017

Drones are increasing in popularity, and artificialintelligence capability is advancing, so surely such gadgets are the next must-have for tech heads?

Not according to Garre , who says trading standards is yet to see a rise in cheap – potentially hazardous – imitations. ‘The evidence that we’ve got with drones is more around misuse rather than inherent safety risks. Artificial intelligence is coming in a lot more, but it’s still quite expensive, so hasn’t really taken off yet. But, as with everything, it’s only a ma er of time before it comes down in price and that’s when we’ll see the cheaper versions that have more risks a ached.’

Predicting the future

Somehow, however, the counterfeiters seem to manage it. It takes just one social-media post going global, or a celebrity endorsement, to turn a product into the toy or gadget of the moment.

Then counterfeit or cheap imitations of dubious quality get produced, and safety risks rise.

Garre and her team look out for items with lithium ba eries, though it can be ‘anything with a ba ery – oŒen the cheaper items don’t secure the ba ery compartment properly’, she explains.

Another area that her team is keeping a close eye on is the trend for do-it-yourself cosmetic treatment kits – such as gel nails and ta oo removal, which people would previously have had done at a professional studio. Now this equipment is increasingly available to the consumer, but oŒen with non-compliant or unsafe products. ‘We’ve seen hundreds of cheaply produced nailcuring lamps this year,’ Garre says. ‘I don’t think I’ve seen a safe one yet.’ If someone within trading standards notices that a product is becoming very popular, Garre stresses the importance of circulating the information as quickly as possible. ‘We need to get messages out via channels such as NTS, CTSI and Graylings [a communications network], and make sure we have a consistent voice,’ she says.

31

SPOTLIGHT PATRICIA GIBSON

BRAVEHEART SNP MP Patricia Gibson is a force to be reckoned with. She tells us what she thinks are the biggest consumer-protection concerns currently, and why she won’t back down on issues that ma er 32

Words. Louise Parfi Images. iStock

Passionate, dedicated and extremely busy, it’s hard to imagine when the Scottish National Party’s (SNP’s) Patricia Gibson gets a chance to sleep. She has just fought a winning campaign to remain MP in her constituency of North Ayrshire and Arran, securing 18,451 votes – 38.9 per cent of the total – and has been reappointed as the SNP spokesperson for consumer affairs.

Gibson first contested the seat in 2010, and went on to win it in 2015, securing a huge 13,573 majority over the Labour incumbent, Katy Clark. Although her margin of victory was much narrower this year, she still polled 3,633 more votes than her closest rival – David Rocks of the Conservatives – and is determined to continue to represent her constituents to the best of her ability. She also wants to ensure Scotland’s voice is heard, including during the Brexit negotiations. ‘Brexit has thrown up a whole range of issues that may adversely impact on consumers,’ Gibson says. ‘I want all the devolved nations to have a seat at the Brexit table to ensure the interests of all parts of the UK are represented.’

Brexit and consumer protection Gibson is determined to ensure consumers are not short-changed by any Brexit deal that comes out of the current negotiations. ‘Many of our consumerprotection laws come from EU directives, as part of the EU internal market, and by which EU states must abide,’ she says. ‘These protections cover everything from food and product safety, labelling and packaging, to the rights of consumers when things go wrong. These are incorporated into UK law, but it is important that any government does not water down consumer-protection legislation in the post-Brexit future.’

July 2017

Last year, in consultation with her local trading standards team, Gibson drew up what she refers to as ‘my nuisance calls bill’ – or, to give its full name, the Unsolicited Marketing Communications (Company Directors) Bill. This would allow action to be taken against the directors of companies responsible for making unsolicited marketing calls.

Spotlight

NUISANCE CALLS BILL

The bill was supposed to be enacted on 1 April, but then, Gibson says, she ‘unexpectedly discovered instead that a “consultation” was to take place, the timing of which no-one in the government could tell me.

I only got this info out of them a er three separate le ers seeking clarification!’

The bill was not mentioned in the Queen’s Speech, adding to Gibson’s sense that the government is trying to back pedal on this issue. However, she is not backing down.

‘I have lodged an oral question on the ma er, and will be lodging wri en questions, as well as writing formal le ers to the Department for Culture, Media and Sport on this,’ she says determinedly.

‘If I do not get anywhere, I will have to reintroduce the bill. I will not let this be quietly dropped.’

33

‘Financial institutions should recognise that

Spotlight

consumers with dementia are, by definition, more at Gibson also points to the importance of protecting

protect this group as a duty of care,’ Gibson says. ‘For

vocal about in the House of Commons – warning about

example, customers should be able to notify their bank

the dangers of a ‘race to the bottom’ as the UK seeks

formally in writing if they feel at risk, and request that

to secure trade deals with larger partners, such as the

all transactions to new payees over a certain figure

US. ‘We have regulation of animal welfare and food

have a 24-hour delay before being processed. This

products in the EU, in which we can have faith. It is

would give time for the proposed transaction to be

important that these are not compromised in an effort to

challenged, and potentially stop scammed money leaving

secure future trade deals post-Brexit – that would be a

a victim’s account.

real step backwards.’

Looking out for the vulnerable

‘It should also be the default position of charities and other organisations that personal details are not passed on or shared, with the only exception being to report a

Gibson has a proven track record of looking out for the

safeguarding concern to statutory agencies when there is

vulnerable in society – particularly the elderly and those

suspicion that a person is at risk of being scammed.’

with mental health issues, such as dementia, who may need extra protection from scams.

In September last year, she was co-sponsor of an

34

risk of being scammed, and more work is required to

animal-welfare legislation – something she has been

Gibson also wants more to be done to protect those who fall foul of energy companies’ standard variable tariffs and end up paying far more than necessary for

Early Day Motion on scamming and vulnerable people

their energy. She believes the government and energy

in the Commons. This drew attention to the measures

companies have a duty to make sure the market works

proposed by CTSI, the National Trading Standards

equally well for all energy consumers, regardless of

Scams Team and Bournemouth University on ensuring

where they are on the income scale.

more robust procedures for data protection – and from

‘It is important that the government plays its part

financial institutions – to protect vulnerable consumers.

in setting targets for suppliers to reduce significantly,

July 2017

tariffs. What is needed is effective regulation of the retail energy market, and we need to work collaboratively with suppliers to explore ways of helping low-income

Spotlight

by 2020, the number of customers on standard variable

households with their energy bills.’

Driving forward change Gibson is certainly dedicated to her job; in the two years that she has been in parliament, she has spoken on 277 occasions and voted 276 times. She contributed to a debate in Westminster on the fires caused by faulty

PATRICIA GIBSON What did you do before you became a politician?

I was an English teacher for more than 20 years.

Why did you decide to change career?

Like all of the people I know who have gone into politics, I genuinely want to help improve the lives of those living in the communities I represent.

What is the best thing about what you do?

Whirlpool tumble dryers, and says the government appeared ‘almost reluctant to fully understand or get involved’ – despite the fact that these faulty appliances posed a real danger to consumers in their own homes.

The SNP MP is also not afraid of taking on difficult subjects, including the distressing issue of stillbirth, which she brought to the attention of Parliament to raise awareness of how prevalent it is – and, in a lot of cases, how preventable. This is even more admirable because Gibson’s only child, Kenneth, was stillborn in 2009 – a tragedy she believes could have been prevented after two

It’s knowing that – as well as helping individual constituents with the real and pressing problems they face every day – I, as their MP, can enter the debate on national issues as well, on their behalf.

independent reports found a catalogue of errors led to

And the most frustrating?

says. ‘Even though this is a very painful issue, if we do

Sometimes, try as you might, you don’t always get the result for your constituents that you would like.

What have you been most proud of during your time in politics?

her baby’s death.

‘Many of those who have suffered this terrible tragedy wrote to me to thank me for speaking out about this,’ she not discuss and debate it, how will we ever improve the shocking rates of stillbirth across the UK?’

Standing up With Gibson’s record of taking on hard topics, we should be glad she is in post to champion consumer protection.

That I secured the first ever debate in Westminster on stillbirth – something very close to my heart.

This helped to bring this issue – too long in the shadows – out into the open.

‘It is an honour to be the voice of my constituents,

I was also proud to secure a debate on the Ayrshire Growth Deal, as part of my campaign to persuade the UK government to invest in this. This is the first time that Ayrshire has been debated on the floor of the House – another milestone of which I am extremely proud.

the Waspi [Women Against State Pension Inequality]

Quick quote: ‘I want social justice to be at the heart of our politics’

things important to us here at trading standards – and the

July 2017

speaking out on issues that matter to them – trying to make a difference for them, whether that is campaigning on nuisance calls, stillbirth, working for justice for women, or trying to win UK government support for the Ayrshire Growth Deal, to bring inclusive growth to the area.’

No matter what the next five years bring, I expect we will hear a lot more from Gibson, speaking out on the many other issues that are close to her heart.

35

SHIFTING SANDS

Words. Craig McClue Images. iStock

Brexit

Working towards a strategy for Brexit

Over the past year, Brexit has become the portmanteau

the institute’s strategic aims for Brexit. The following initial

that pervades every discussion on the UK’s constitutional,

principles were agreed:

economic, social and legal future.

●

The vote, on 23 June 2016, to leave the European Union (EU) has led to uncertainty and debate about how the divorce

should be at the heart of the trade-deal negotiations ●

CTSI should advise government and other key opinion

will take shape. Questions arise over future trade deals with

formers on post-Brexit regulatory direction in the area

the EU and other trading blocs, not least the extent to which

of trading standards’ law and practice, including the

the UK aligns with – or diverges from – the EU singlemarket laws and policy frameworks, as we explore new

support networks for business and consumers ●

opportunities across the globe. shape and promote our profession; there is currently no

recognition principles ●

bigger debate than the consequences of Brexit.

capacity for influencing the policies of Brexit ●

consumer protection draws to a close. Such a seismic change

arrangements, networks and standards.

CTSI’s strategy for Brexit is to bring together those with

During negotiations, five key areas should be focused on: business, consumers, standards, European

in legal supremacy creates both opportunities and threats for our consumer-protection system and its cross-border

Working within the new government’s policy framework, CTSI should examine and build on its

One certainty is that change is coming for trading standards, as more than 40 years of EU involvement in UK

CTSI should support the achievement of a sound free-trade agreement for the UK, based on mutual

At CTSI, our strategic objective is to lead debates that

collaboration and regulators with shared interests ●

The VPs will be on hand to offer advice if required

Now these broad principles have been outlined, a Brexit Think Tank will be created, under the control and direction

the greatest understanding and expertise, to help inform and

of CTSI Council. It will consider the technical details of those

guide the profession through the negotiations, and to realise

areas most affected by the changes in EU law, and advise on

a strategy for Brexit that maximises the opportunities and

the risks and opportunities for trading standards.

minimises the threats to consumer protection.

36

Consumer protection and the interests of businesses

The Think Tank will ensure ongoing, focused debate

To kick-start the process, CTSI’s vice-presidents (VPs) met

during the Brexit negotiations – with expertise and policy

on 10 May – fittingly at Europe House in London – to discuss

to hand. It will influence the consumer protection agenda

BREXIT IN BITESIZE

and systems are not removed, broken or compromised.

With the enormous EU influence

of 136 directives and 527 regulations in the areas of

Clockwise from above: former CTSI chief executive Ron Gainsford, lead officer and policy executive Craig McClue, and current chief executive Leon Livermore discuss Brexit at the vice presidents’ event in London in May

we leave. In this way, it is seeking to maintain ‘business as usual’ and make sure that no black hole exists in the UK statute book as the European

Communities Act is repealed.

consumer, environment and health protection, it is perhaps

Brexit means change, but it cannot return consumers to

impossible to consider and unpick every aspect of its effect

the local marketplaces that existed when the UK entered the

on the daily lives of consumers. For this reason, the Think

European Economic Community in 1973.

Tank’s considered professional focus will be on those areas

There are now immense retail chains that wield

of trading standards’ enforcement that have been most

economies of scale and span regions, nations and

shaped by the EU, including: product safety; metrology; fair

international borders. Modern consumers increasingly

trading, civil and criminal; feed and food; travel; rural trading

access goods and services across the world through the tap

standards, in areas such as animal health and agriculture;

of a phone screen or the click of a mouse.

travel rights; and intellectual property.

Comprising CTSI lead officers, heads of service,

CTSI believes the system of consumer protection and trading standards needs to complement and enhance the

representatives of cross-border arrangements, and policy

contemporary world of consumers and businesses. Its

and legal experts, the Think Tank will consider the Brexit

strategy will bring to bear all the expertise it can and – in

implications on cross-border arrangements for enforcement,

partnership with stakeholders – create a vision that strives

advice and cooperation. It will also look at the complex

for the best possible outcomes for modern markets and

issues surrounding CE marking, labelling, technical files and

consumers, as the post-Brexit world begins to take shape.

harmonised standards, and examine closely the changes during our negotiated exit.

The government’s stated aim was that there will be no changes during the Article 50 period and that the Great

Brexit

and ensure that important provisions

Prime Minister Theresa May formally initiated ‘divorce’ proceedings from the EU on 29 March 2017, and has two years from that date to negotiate the UK’s withdrawal.

Article 50 – the means by which the UK is leaving the EU – was only created in late 2009. As it has never been used before, there is debate about whether a two-year negotiating period is feasible.

EU law still applies in the UK until it ceases being a member.

The UK will continue to abide

by EU treaties and laws, but will no longer take part in any decision-making.

Look out for subsequent features on the UK’s exit from the EU in TS Review, which will examine in detail the challenges, potential changes to legislation and the Think Tank’s recommendations.

Repeal Bill – with its devolved and delegated powers – will convert all directly applicable EU law to UK law before

Craig McClue is lead officer and policy executive at CTSI.

37

CLOSING the

GAP

When the owner of a problem premises is hard to identify, a good understanding of the law can mean the difference between a successful prosecution or no prosecution at all

38

July 2017

Words. Ian Harrison Images. iStock Faced with a shop that apparently had no owner, no manager and no other responsible person in charge, Hartlepool’s Trading Standards team began looking for a new way to stop the continued sale and supply of counterfeit tobacco.

In March 2016, complaints were made to trading standards that Baltic Mini Market, in Hartlepool, was selling counterfeit tobacco. One of our trading standards officers visited the premises in plain clothes and asked for some ‘cheap baccy’. He was instantly

When we started this process, we felt that the idea of closing the premises would at least flush out the person who was responsible for the business. This is exactly what happened.

The day a er we served our consultation notice, we were contacted by the business owner – someone who had been invisible up until this point. Her evidence gave us the belief that this business could never work legitimately with her ‘in charge’, as she was – almost certainly – nothing more than a name on the lease.

Other people, unknown to us, were operating this business and they had not come forward. The magistrates clearly recognised this and supported our approach, applying the full closure period available to them under the law.

given a packet of ‘Golden Virginia’

names were suggested for the business owner.

The premises had an alcohol licence, with the licence-holder being yet another unknown name. A licence review was applied for and the licenceholder turned up at the hearing, claiming to be neither the manager nor the owner. Ultimately, the licence was revoked on the basis of the ‘crime and disorder’ licensing objective not being promoted. However, sales and seizures of counterfeit tobacco continued, so we needed a new approach.

for about a quarter of the price of the

Understanding the law

genuine product; this was subsequently

Sections 76-79 of the Anti-social

confirmed to be counterfeit.

Behaviour, Crime and Policing Act 2014 introduce us to a

Over the next few months, officers made five more

Closure Notice, which can be issued either by the police

test purchases and ‘uniformed’ trading standards officers

or a local authority. It requires a premises to close for up

visited the premises to carry out inspections, seizing small

to 48 hours on the grounds of nuisance or disorder taking

quantities of counterfeit tobacco on another five occasions.

place – or likely to take place – there.

Each time we visited the shop, different members of

Sections 80-86 deal with Closure Orders. These are

staff were working there. No-one knew who the manager

issued by the courts and can require premises to remain

was, no-one knew who the owner was, and no-one ever

closed for as long as three months.

held a position of authority. We left letters and records of

A reference to Hansard established that ‘a Closure

seizure for the attention of the manager, but no contact was

Order cannot be made by a court unless a Closure Notice

ever made.

has already been issued’ – so, to reach the point of a

Enquiries with the council’s revenue team identified an individual from Middlesbrough as the tenant, while the landlord lived in Pakistan. Our letters to the tenant were ignored.

We carried out interviews under caution with staff

Closure orders

HAVING THE POWER

Closure Order for criminal behaviour, we first had to establish nuisance.

As we had received a number of complaints from local residents and businesses, we set out to take statements.

Many of the complainants did, in fact, consider Baltic Mini

who had made the previous sales, and a variety of different

July 2017

39

The day after the interview – 11 April 2017 – our chief

Closure orders

executive signed the Closure Notice and this was then Market to be a nuisance, so we had the ‘nuisance’ that we

formally served on the premises by two trading standards

needed for a Closure Notice.

officers. Immediately after this, an application for the

Section 80 (3) of the Act states that an application for a

Closure Order – and our evidence bundle – were submitted

Closure Order must be made within 48 hours of a Closure

to the courts for the hearing we had already booked for the

Notice having been served. So it seemed sensible to check

following day.

with the courts to secure a date for when our application for an Order could be heard, then count backwards for the other parts of the process.

A court slot was reserved for 12 April 2017. We decided the Notice would be issued on the premises on 11 April, thereby keeping within the 48-hour limit.

Section 76(6) states that, before a Notice is served, the issuing authority must make reasonable efforts to inform: those who live on the premises (if any); any person who has control of, or responsibility for, the premises; and any other parties it thinks appropriate.

On advice from our barrister, we decided to take a

THE TENANT CLAIMED TO HAVE TAKEN NO ROLE IN THE MANAGEMENT OF THE PREMISES THIS BEING LEFT TO A MAN WHOM SHE HAD NEVER MET Court out

broad approach to this consultation exercise and wrote

On 12 April, the council and the tenant attended court.

to the owner of the premises in Pakistan, to everyone we

She was not legally represented and asked for a two-

knew to be a current or former employee at the shop, and

week adjournment so she could obtain legal advice and

– after receiving a copy of a new lease agreement – we also

representation. She also asked for the premises to be

wrote to the ‘new’ tenant.

reopened. She was granted a two-week adjournment,

One week before the intended Notice, we handdelivered consultation letters to residents and businesses in the immediate vicinity. The effect of the consultation

but the Closure Notice would be extended for the full two weeks.

On 26 April, a full hearing took place. Evidence of

was significant. First, we were immediately contacted by

the previous wrongdoing was presented, along with the

the new tenant who claimed that she was the business

numerous holes in the tenant’s story.

owner, but also that she was currently in Iraq. She

After an hour of deliberations, the bench issued a

claimed to have had no idea of what had been happening

Closure Order against the premises for the maximum

in her shop. Second, we received letters and emails from

three months permitted. Costs of £500 were also awarded

local residents confirming that the premises were, indeed,

in our favour.

a nuisance.

The tenant agreed to fly back to the UK for an interview under caution in relation to the sale of counterfeit tobacco from her business, and this took place on 10 April – the day

A copy of this new Closure Order has been attached to the premises and, for the foreseeable future, it will remain closed.

For us, closure of the premises is not the end. We still

before we planned to issue the Closure Notice. What we

intend to pursue a prosecution for trademark offences

heard during this interview would help us decide whether

against the business owner and one of the ‘employees’,

the Notice was still appropriate.

who we feel had a significant role in the business. We will

At the interview, the tenant claimed to have taken

be working with the owner of the premises to see what can

over the premises in November the previous year, but had

be done to secure a new, law-abiding tenant for this shop

taken no role in its management – this being left to a man

as soon as possible.

whom she had never met. She received around £80 in cash through her letterbox every week as profits from the business. The staff paid themselves from the till, ordered the stock and paid the bills. We asked her to supply us with the names and details of the staff, but no details were ever provided.

40

Ian Harrison BSc (Hons), DTS, DMS, MCTSI is trading standards and licensing manager at Hartlepool Borough Council.

July 2017

KENYON BLOCK Consultants Specialist Recruitment

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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.

CPPD

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

E-cigarettes: a beginner’s guide

Words. Jane MacGregor Images. iStock

How the Tobacco and Related Products Regulations 2016

Electronic cigarettes – also known as vapourisers or electronic nicotine delivery systems (ENDS) – are batterypowered devices that deliver nicotine by heating a solution

affect the sale of e-cigare es

of nicotine, flavouring, additives and propylene glycol and/

in the UK

mouthpiece, a battery, and cartridge or tank containing the

or vegetable glycerine (glycerol). They typically consist of a nicotine solution. When a user sucks on the device, a sensor detects airflow; this activates a heating element – the ‘atomiser’ – which heats the liquid in the cartridge so that it evaporates. The vapour delivers the nicotine to the user.

E-cigarettes were developed to mimic the action of smoking – including nicotine delivery – without the toxic effect of tobacco smoke. When a person smokes a conventional cigarette, smoke is inhaled into the lungs and then exhaled. Smoke is also emitted from the burning tip of the cigarette, releasing toxins into the air. By contrast, there is no combustion involved in the use of e-cigarettes, so there is no smoke. Vapour is released into the air only when the user exhales. There are three main types of e-cigarette: • ‘Cig-a-like’ products – the first generation of electronic cigarettes was designed to resemble tobacco originals, so sometimes have a light at the end, which glows when the user draws on the device. They consist of either non-rechargeable disposable models or an electronic cigarette kit that is rechargeable and includes replaceable pre-filled cartridges.

42

July 2017

reservoir that has to be filled with liquid nicotine.

Tank models, which have become more common, allow the user to choose from a broader range of nicotine strengths and flavourings.

requirements for e-cigarettes and refill containers. In summary, the TRPRs: • Restrict e-cigarette tanks to a capacity of no more than 2ml • Restrict to 10ml the maximum volume of e-liquid for sale in one refill container

• ‘Mods’, or advanced personal vaporisers, are more complex tank models that can be manually customised

• Restrict e-liquids to a nicotine strength of no more than 20mg/ml

by, for example, adjusting the voltage on the device.

• Require nicotine-containing products or their packaging to be child-resistant and tamper evident

From May 2016, the Tobacco Products Directive 2014/14/EU (Article 20) (TPD) introduced new rules for nicotinecontaining electronic cigarettes and refill containers, in order to ensure: • Minimum standards are enforced for the safety and

• Ban certain ingredients, including colourings, caffeine and taurine • Include new labelling requirements and warnings • Require producers of e-cigarettes and e-liquids to

quality of all e-cigarettes and refill containers

notify the Medicines and Health products Regulatory

(otherwise known as e-liquids)

Agency (MHRA) before they can be sold

• Information is given to consumers so they can make informed choices • An environment is built to protect children from starting to use these products.

The Tobacco and Related Products Regulations 2016

CPPD

• ‘Tank’ models, also known as vape pens – a rechargeable electronic cigarette with a tank or

Regulation 31: Notifications The regulations introduce the requirement for producers of e-cigarettes and refill containers to notify the MHRA before their products can be sold. From the definition of

(TRPRs), which implement the TPD in the UK, came into force on 20 May 2016. Part 6 of the regulations sets out the

43

CPPD

RECENT E-CIG ISSUES The Department of Health, the Medicines and Healthcare products Regulatory Agency and CTSI gave the following responses to questions about e-cigare­es: Q: Are the Tobacco and Related Products Regulations (TRPRs), which are specific to e-cigare es, intended to replace the more general Classification, Labelling and Packaging (CLP) Regulations 2010?

TPD is only applicable to e-cigarettes that contain nicotine – or can be used with a nicotine-containing liquid – and refill containers with a nicotine-containing liquid.

So the TPD does not apply to disposable electronic cigarettes containing nicotine-free liquid (used for social reasons), or to cartridges that contain nicotine-free liquid.

Furthermore, products can only be brought onto the market in the form of: a disposable electronic cigarette;

A: Both the CLPs and TRPRs apply. The TRPRs require e-cigare­es and refill containers of nicotine solutions to be labelled with mandatory warnings and information. CLPs apply to nicotine solutions in the same way as they would for any chemical placed on the market in a consumer product. Products should be fully compliant with both laws.

a rechargeable electronic cigarette to be recharged with

Q: Must e-liquids be date marked?

notification portal.

A: There is no requirement in the TRPRs to give a date indication on e-liquids.

products they sell unless they also qualify as a producer.

Q: Is it permissible for an e-cigare e to make reference to being eco-friendly?

A: No. We believe the use of ‘eco’ in the branding of e-cigare­es contravenes Regulation 38(3)(a),(b) and (e).

Q: Can e-cigare es and refill containers include images of food on the label, or make reference to food in the name of the product or in a description of an ingredient?

A: Yes. Food or food ingredients may be used to describe the flavour of an e-liquid.

The presentation of the product must not mislead the purchaser as to the true nature of the product, and it must be clear that the product is not a foodstuff.

Q: Must warnings be applied to refill containers that contain zero nicotine?

A: There are no requirements for refill containers that do not contain nicotine.

However, the TRPRs apply to e-cigare­es that do not contain nicotine when sold.

44

electronic cigarette and refill container, it follows that the

single-use cartridges; or a refillable e-cigarette possessing a tank to be refilled by means of a refill container.

A producer is anyone who manufactures or imports these products, or who rebrands any product as their own.

The MHRA is the competent authority for the notification scheme for e-cigarettes and refill containers in the UK. Producers must submit information about their products through a European Common Entry Gate (EU-CEG) Retailers do not need to submit information for any Retailers had until 20 May 2017 to sell any stocks of products that do not comply with the labelling and product composition requirements of the TPD. The TPD does not cover nicotine-containing products authorised as medicines. Details about licensing these products as medicines can be obtained from the MHRA.

Regulation 37: Labelling A leaflet must be provided with each product, with information on the following: • Instructions for use and storage • Contraindications • Warnings for specific risk groups • Possible adverse effects • Addictiveness and toxicity • Contact details of the producer and – if they are not in a member state – a person within a member state • List of all ingredients • Indication of nicotine content and delivery dose • Batch number • Recommendation to keep out of the reach of children In addition, a health warning – ‘This product contains nicotine, which is a highly addictive substance’ – has to be applied and fulfil certain criteria. It must:

July 2017

• Appear on the front and back surfaces of the unit packet and any container pack

concerned when the pack is closed • Be in black, helvetica bold type on a white background • Be in a font size that ensures the text occupies the greatest possible proportion of the surface area reserved for it • Appear at the centre of that area The principle underpinning the legislation is that consumers

JULY

MODULE E-CIGARETTES AND THE TRPRs

CPPD

• Cover 30 per cent of the area of each of those surfaces, calculated in relation to the area of the surface

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

should receive the required information before they buy.

The supply of e-cigarettes and liquids is evolving, and a number of scenarios are explored below in relation to how packaging intersects with the provision of information.

1) If the product is a bottle of e-liquid – with no further packaging, other than an information leaflet, attached to the bottle via a tag or other means – the labelling requirements must be applied to the bottle via a label, a pull-out label, or other means.

2) If the product is a bottle of e-liquid, with an information leaflet placed within a cardboard box/ sleeve, then the box/sleeve is considered the smallest individual packaging. TPD labelling must be applied to the box/sleeve. The bottle does not have to carry this information, but producers will wish to include it to identify the product and ensure safe use.

3) If the product is a multipack of two or more bottles of e-liquid, or e-liquid is included in a presentation box or starter kit – where the individual bottles are placed in a cardboard box/sleeve (as in point 2) – TPD labelling must be applied to the individual cardboard box/sleeve and each subsequent layer of packaging.

Where the individual bottles not packaged and are aggregated in a multipack or presentation box, the multipack or presentation box would be considered the unit pack, and only the multipack or presentation box would require TPD labelling. Producers will wish to include information on the bottle to identify the product and ensure it can be used safely.

Sources: ASH briefing note MHRA guidance

Jane MacGregor is CTSI lead officer for health.

July 2017

1. When did the Tobacco and Related Products Regulations come into force in the UK ?

2. What is the maximum capacity of an e-cigareƒe tank, in ml?

3. Fill in the blanks in the health warning: ‘This product contains , which is a highly substance.’ 4. What is the maximum volume of e-liquid for sale in one refill container, in ml?

5. What is the maximum permiƒed strength of nicotine in an e-liquid, in mg/ml ?

6. Which organisation must a producer notify if they wish to supply e-cigareƒes in the UK? 7. Are e-liquids required to be date marked?

8. Can food or food ingredients be used to describe the flavour of an e-liquid?

Applicants who complete the module successfully will be given a certificate. The test must be taken before 22 September 2017.

Module 10 answers (April 2017): 1. The Care Act 2014; 2. Video; 3. Consumer pack; 4. Keysafe; 5. Accessible and sufficient; 6. Friends Against Scams; 7. Change Step; 8. Advocacy.

45

46

July 2017

Words. Fred Philpo and Kate Urell Images. iStock

CLAIMING THE CREDIT Consumers have a right to redress if they are sold unsatisfactory goods or

It is common for people to seek the help of trading

complying with the above criteria. Categories that are not

standards if they have a problem with defective goods or

covered include:

services. If these were obtained under a relevant regulated

●

Exempt agreements – some notable examples are:

consumer credit agreement, the consumer may well

credit for more than £25,000, wholly or predominantly

have a claim against the creditor under section 75 of the

for business purposes; buy-to-let; retail credit

Consumer Credit Act 1974.

requiring repayment within 12 months, with no more

Many consumer credit agreements contain a statement

than 12 repayments and no interest or charges; and

of rights, which informs people that, if they want more

regulated mortgage contracts

information about the Consumer Credit Act 1974, they

●

Consumer hire agreements

should contact local trading standards or Citizens Advice.

●

Regulated credit agreements – if the supplier

Despite the removal of this requirement in many newer

and creditor are the same, there is no need to rely on

agreements – due to the EU Consumer Credit Directive

Section 75 because – if there is a claim for breach of

– other consumer warnings remain, such as Section 75.

contract or misrepresentation – the consumer will

This states that if there is a problem with unsatisfactory

have a direct remedy against the supplier/creditor

goods or services, consumers have the right, in certain

under the Consumer Rights Act 2015. This applies to

circumstances, to sue the creditor, the supplier or both.

hire-purchase and conditional sale. It is also worth

In general terms, for a claim to be within Section 75: ●

●

There must be a claim against the supplier for

noting that Green Deal Credit Agreements under a Green Deal Plan fall into this category

misrepresentation or breach of contract

The idea behind Section 75 was that, if a bank or finance

The credit agreement must be a debtor-creditor-

house provides credit and is associated with the supplier,

supplier agreement within Section 12(b) or (c) (see

then the creditor should be jointly and severally liable for a

below)

breach of contract or misrepresentation by the supplier.

●

The claim must relate to a single item to

From the bar

services, but which sections of the Consumer Credit Act 1974 should they rely on?

The vast majority of potential Section 75 claims relate

which the supplier had attached a cash price

to the use of credit cards. When the 1974 Act was passed,

exceeding £100, but not more than £30,000

credit cards in the UK were in their infancy, but it was

Section 75 protection only applies in the case of regulated consumer credit agreements

July 2017

47

to loft insulation. Similarly, kitchen and motor finance – in the form of personal loans paid directly to the supplier, not hire-purchase – have resulted in many claims litigated under Section 75.

Liability under Section 75 applies: ●

If the credit agreement is restricted-use – that is, if the borrower is not free to spend it as they wish, even if that was a breach of the agreement. This usually means payment is made directly to the supplier. The credit must also be provided under pre-existing arrangements with the supplier, or in contemplation of there being such arrangements; or ●

Where the credit is provided in an unrestricted way - that is, the debtor is free to spend it as they wish – but in the knowledge that it is to be used to finance a particular transaction, and there are pre-existing arrangements between the creditor and the supplier. This is relatively uncommon

There has been considerable litigation on the scope of Section 75. For example, in the 1980s, banks challenged the authority of the courts in the UK in respect of timeshare

From the bar

claims where the timeshare had been bought on credit, but appreciated that payment by card could attract Section

the relevant property was outside the jurisdiction – such

75 protection. Many consumers understand that, if they

as in Spain or Portugal. The Court of Appeal held that the

pay for a relatively expensive item – a holiday, for example

UK courts had jurisdiction, because the claim was under

– and use their card for a deposit, they will be protected

the 1974 Act and did not directly relate to the timeshare

irrespective of how the balance is paid off.

property itself.

Another common way in which a consumer may

Another jurisdictional issue arose when banks asserted

have a Section 75 claim is in respect of credit for home

that – if the transaction was a four-party credit card

improvements, such as double glazing, a conservatory,

situation – there was no Section 75 claim, because there is

or ‘green’ improvements. The ability to rely on Section

no direct relationship between the UK bank and a supplier

75 has been useful for people who have been mis-sold

in another part of the world (the credit card networks

solar panels and the like, or when the items provided have

have a system of merchant acquirers in various countries).

turned out to be defective. For example, if solar panels are

This was rejected on the basis that it was enough that

badly installed, the roof can leak, resulting in water damage

there was an indirect relationship between the lender and

THE IDEA BEHIND SECTION 75 WAS THAT, IF A BANK OR FINANCE HOUSE PROVIDES CREDIT AND IS ASSOCIATED WITH THE SUPPLIER, THEN THE CREDITOR SHOULD BE JOINTLY AND SEVERALLY LIABLE FOR A BREACH OF CONTRACT OR MISREPRESENTATION BY THE SUPPLIER 48

July 2017

term in the credit agreement that it was conditional on the

Further, the UK courts had jurisdiction, even though

survival of the supply contract, so that the credit agreement

the underlying supply transaction was entered into outside

was rescinded on that basis.

of the UK. A consumer can bypass the supplier and go directly

Another section worthy of mention is Section 56, which creates a deemed agency in respect of antecedent

to the creditor under Section 75. This is useful not only

negotiations relating to the transaction financed. For

where the supplier has become insolvent, but also where

example, under common law, a car dealer is not

the creditor may be more willing to entertain the claim.

normally the agent of the finance company. However,

The creditor may include the supplier – if it is worthwhile

in accordance with Section 56, the car salesman will be

to do so – in any claim by the consumer, but that is not the

deemed to be the agent of the finance company insofar

consumer’s concern unless the supplier (and, therefore, the

as any misrepresentations are made concerning the sale

creditor) disputes the claim.

of the car. Sections 56 and 75 are often relied upon at the

It is generally thought that the consumer is entitled to use Section 75 against the creditor irrespective of the

same time.

Finally, Section 75A – introduced as a result of the EU

availability of any alternative compensation fund – for

Directive – covers certain cases of breach of contract where

example, a statutory fund to

credit exceeds the financial threshold covered by Section

compensate consumers.

75. There may be liability on the part of the creditor to the

In a case decided by the Supreme Court,

consumer under Section 75A for cases where: ●

on appeal from the

from euros) ●

whether Section 75 gave the consumer the

The cash value of the goods or services is more than £30,000, but does not exceed £60,260 (a conversion

Scottish courts, the question arose as to

The agreement is not entered into wholly or predominantly for the purposes of business

●

The agreement is not secured on land

right to rescind/set aside the

The major distinction between the two sections is that,

underlying supply agreement.

under Section 75A, the consumer must first seek a remedy

It was decided that there

against the supplier.

was no right if it did not

From the bar

the supplier to bring about pre-existing arrangements.

In terms of practical points to note, a consumer would

exist under the general law.

be well advised to seek legal advice on the strength of

However, the Supreme Court

their claim for breach of contract or misrepresentation

held that there was an implied

before proceeding to court in reliance on Section 75. This is because, in the worse case scenario, they may end up losing the case and paying the costs of the creditor and the supplier who have been brought to court to deal with the claim. Such costs may far outweigh the amount in dispute.

A risk-free alternative is to bring such a claim before the Financial Ombudsman Service, although – in some cases – a person in default who is being sued may have no option but to continue with court proceedings.

It is important to ensure that the consumer is aware of the financial risks of such litigation, especially as issues of defective goods are often determined by expert evidence.

If there is evidence that the goods/services are satisfactory – or were at the point of sale – then a consumer should be advised to think twice before going to trial.

July 2017

Fred Philpo and Kate Urell are barristers at Gough Square Chambers.

49

Please keep sending your trading standards gags to us at tsreview@ tsi.org.uk for use in future issues of TS Review!

Downtime

2 That’s what I do, I tell a lot of lies

Say what?!

We’ve all heard some amusing – if not astounding – tall tales in the course of our work. Here are some more classics, but can you guess which are trading standards related?

3

I was found in a ditch by some cows

4

I thought my window was down, but found out it was up when I put my head through it

5 My car was legally parked as it

backed into the other vehicle 50

Picture credits: Cover and pages 20-23: iStock.com / polygraphus. Page 4: Ge y Images / Paul Morigi . Page 5: Ge y Images / Bloomberg. Page 6: iStock.com / SchulteProductions. Page 8: iStock. com / shuoshu. Page 11: iStock.com / LEOcra s . Page 11: iStock.com / KeithBishop . Page 11: iStock.com / FrankRamspo . Page 15: iStock.com / Onza. Page 24: iStock.com / Bikeworldtravel. Page 27: iStock.com / Linda Steward. Page 28: iStock.com / dynasoar. Page 30: iStock.com / Iaremenko. Page 30: iStock.com / republica . Page 31: iStock.com / ronstik. Page 31: iStock.com / FilippoBacci. Page 31: iStock.com / Vertigo3d. Page 31: iStock.com / WestLight. Page 31: iStock.com / stuartbur. Page 34: iStock.com / RollingEarth. Page 36: iStock.com / muha04. Page 38: iStock.com / sNorrisPhoto.

Page 46: iStock.com / antoniokhr. Page 50: iStock.com / filo. Page 50: iStock.com / malerapaso. Page 50: iStock.com / catolla. Page 50: iStock.com / MarinaMariya.

ANSWERS: 1, 3-5: Taken from insurance claims where people try to summarise their accident in the fewest words. 2: Comment from a trader who had been arrested by the police a er a trading standards operation involving covert test purchases of DVDs of an extreme adult nature: ‘At interview, [the rogue trader] was at great pains to play down his role. We showed him the footage of our previous test purchases, which had him clearly on film proudly boasting about the scale of his business and the variety of titles he could offer. His response, under caution, was to lament: “Yes, but that was all lies. That’s what I do, I tell a lot of lies”.’ With thanks to Russell Sharland for this story.

1 I told the police I was not injured, but on removing my hat found I had a fractured skull

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

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

Does this sound like you?

TSI Business Companion TS Rev Half Page New Logo AW v2.pdf

1

16/04/2015

16:28

www.businesscompanion.info Business Companion - a new 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.

“

Jo Swinson says CTSI’s new Business Companion website will provide 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

CTSI Symposium 2018 The Chartered Trading Standards Institute’s Annual Professional Development Event SAVE THE DATE 4-6 June 2018 East Midlands Conference Centre, Nottingham

Stronger together

The CTSI Symposium is our exciting new look and feel flagship event that will deliver a full education and training programme.

Set within the beautifully landscaped parkland of Nottingham University’s Campus, East Midlands Conference Centre is a modern purpose-built conference centre with excellent facilities, making this the perfect venue for our leading training and networking event.

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CPPD HOURS AVAILABLE