TS Review October 2017

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

October 2017 Issue 12

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The Ultimate Driving Machine

editorial board Our guide to who’s who

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

Welcome ideas Eleni Chalkidou // Editor-in-chief

I can’t help but have Brexit on my mind. Not only does it affect me personally, as a European who has studied, worked and lived in the UK for more than 15 years, but it continues to dominate the news and how each of us will be impacted by this ‘unprecedented divorce’. This rings particularly true for consumer protection and, ‘As with most divorces, there is very little chance of returning to who we were before we met.’

Yes, it is true that Brexit will present unparalleled opportunities for Britain, but it would be naive to ignore the possible negative effects and the unexpected

Welcome

as my policy colleague Craig McClue niftily points out in his article on page 20: sara barry head of safer communities, Lincolnshire CC Sara has promoted risk reduction while guiding Lincolnshire Trading Standards Service through major budget cuts.

threats. It is for that reason euphoria swept through our office when we decided to form a Brexit Think Tank and recruit ‘Brexperts’ to scope where EU membership has influenced trading standards. We know this will help frame positions on what constitutes a good, working consumer protection system in Britain for years to come.

The Think Tank will gather expertise to inform governments, assist the trading standards profession and apprise decision-makers of the need to uphold the highest standards of consumer protection. Our cover story, starting on page 20, gives

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

further detail and – as CTSI is your voice in these matters – we welcome your input (bttp@tsi.org.uk).

Back on home turf, we are getting ready for National Consumer Week (NCW) in November, which coincides with ‘Black Friday’ promotions, helping to highlight issues around subscriptions. CTSI is working closely with the Consumer Protection Partnership to find ways to maximise exposure of possible traps – and wider subscription problems – to reduce the harm caused to consumers.

I particularly liked Matt Allwright’s article (see page 15) on this issue, which highlights everyday methods for consumers to monitor their accounts for hidden subscription tactics. Our schedule for NCW will be made available closer to the time on our website.

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.

Don’t forget to take a look at consumer minister Margot James’ column on page 16, where she explains how changes to the Primary Authority scheme will unlock barriers to growth.

Lastly, I had the pleasure of attending the College of Fellows committee meeting in September, where we discussed future communications for the fellowship.

Thank you 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 written, 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 26

33

36

October 2017

26-32

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

33-35

11

Prove it Yoti launches its new digital id app

abstracts Quotes and stats from TS Today

12-14

analysis the dangers of commercialisation viewpoint

15

broadcaster Matt allwright has his say

16

Consumer minister Margot James on changes to Primary authority

18-19

Policy round-up by ben richards

Academia: quantum technology the end of counterfeits?

October 2017 Issue 12

20 cover story Brexit Think Tank: the opportunities, challenges and threats facing consumer law

36-40

spotlight: David Canter the father of investigative psychology talks scams and his personal quest to tackle them

41-44

CPPD training Sunbed compliance

46-49

Legal Price discrimination online

50

DOWntime Can you spot the trading standards’ tall tale?

We sincerely apologise for the use of imagery that caused offence to any of our readers in the ‘Devil’s in the detail’ feature in April’s TS Review. CTSI adopts a zero-tolerance policy to racial discrimination and inequality generally.

October 2017

5

iPo investigates effectiveness of uk enforcement digest

The Intellectual Property Office (IPO) has invited bids for research into the effectiveness of the UK’s enforcement framework. The Enforcement Landscape Review will create a snapshot for each intellectual property (IP) right. According to the IPO, it is important for rights holders to have the necessary means to protect their IP. The current Intellectual Property Framework offers a number of different protections and remedies for creators and rights holders.

laSer-Pointer SafetY

The government has launched a call for evidence into the regulation of laser pointers – including the potential value of retail licensing schemes, advertising restrictions and potential restraints on ownership – to address serious public safety concerns. It is a response to an increase in the number of laser incidents in recent years, and a rise in laser pointers being directed into the cockpits of helicopters and planes during take-off and landing.

irreSPonSible knife retailerS Putting liveS at riSk, WarnS lga Nearly one in four shops is breaking the law on underage knife sales, with blades sold to children as young as 13. Now the Local Government Association is calling on the retail industry to help fund test-purchasing operations to ensure compliance. Trading standards teams conducted test purchases across England. In one area, an underage teenager was sold a machete, another a lock knife, and a 14-year-old bought a nine-inch serrated knife.

Product safety: first clear signals The government’s Working Group on Product Recalls and Safety has set out its recommendations for improving the UK’s product-safety system. Established in October 2016 by consumer minister Margot James, the working group’s aim was to explore and build on the recommendations made by Lynn Faulds Wood in her independent review into consumer product recalls. The government will formally respond in the autumn.

6

Sources: TS Today Jul–Sept 2017 www.tradingstandards.uk/tstoday

Digest

CPS assesses fall-out from ‘legal high’ cases The Crown Prosecution

also known as laughing

Service (CPS) has said it

gas, could – as a medical

will consider the potential

product – be considered

impact of two ‘legal highs’

exempt under the new law.

cases that were thrown

More than 300 UK retailers have closed down or stopped selling psychoactive substances under this new law

In a statement, the CPS

out of court after judges

said: ‘These cases were

ruled they could be exempt

charged in accordance

conceded that products

under the Psychoactive

with the Code for

being exempt for medical

28 convictions in England

Substances Bill.

Crown Prosecutors.

purposes is a matter ‘for a

and Wales, and seven

Following evidence and

court to determine, based

people were jailed, under

been in force since May

representations in court,

on the circumstances

the new powers.

2016, but two independent

the cases were dismissed

of each individual case’.

Responsibility for the

cases – tried in Southwark

by the judges. We will

However, in a statement,

classification of medicinal

Crown Court and Taunton

consider the outcome

a spokesperson added:

products in the UK falls

Crown Court – have

of these cases and the

‘These dangerous drugs

to the Medicines and

collapsed. The cases were

potential impact on future

have already cost far

Healthcare Products

the first to be contested

prosecutions.’

too many lives and the

Regulatory Agency, and

Psychoactive Substances

the use of nitrous oxide

The legislation has only

under the new law.

More than 300 retailers

In 2016, there were

across the UK have closed

Act is sending out a clear

for medical purposes

Substances Act aims to

down or stopped selling

message – this government

requires a marketing

restrict the production, sale

psychoactive substances

will take whatever action is

authorisation in accordance

and supply of psychoactive

under this new law,

necessary to keep families

with the 2012 Humane

substances. Nitrous Oxide,

but the Home Office

and communities safe.’

Medicines Regulations.

The Psychoactive

SMart-Meter haCking

The security of smart meters has been brought into the spotlight again, with fears that smart technology could be open to manipulation by unscrupulous energy companies or even hackers.

Boiler and heating firm warm.co.uk is questioning the technology after customers began to complain that their smart meters were registering higher than expected gas and electricity use.

The company is now calling for tighter regulations on the heating industry.

October 2017

7

There’s something in the water… digest: case study

tesco was fined a record £5m for a fuel leak that polluted a river and forced residents out of their homes

8

When Tesco was fined £5m

suffered headaches and

Substances and Explosive

tank manholes – housing

for a huge fuel leak from

nausea, and some were

Atmospheres Regulations

unleaded fuel across the

one of its petrol stations,

forced out of their homes

2002, and a further £3m for

country – with rot-proof

it was a record-breaking

until the odours subsided.

an offence contrary to the

components. It began

Environmental Permitting

remedial work in 2012

penalty for a single offence.

A probe by the Environment Agency

(England & Wales)

but, when Tesco issued

shortcomings – described

found that the damage

Regulations 2010, in a joint

instructions to contractors,

by the judge as ‘serious

to Langwood Brook and

prosecution by Lancashire

it failed to include

and systematic failures’ –

the River Irwell had been

Trading Standards and the

Haslingden on the list.

led to the leak remaining

significant – fish and other

Environment Agency (EA).

Other issues added to

undiscovered for 29 hours,

aquatic life had been

The court heard that a

the problem at Haslingden.

while 23,500 litres of

destroyed in the incident,

series of mistakes made by

The vapour/liquid sensor

unleaded petrol escaped

which took place over two

Tesco – which admitted the

was moved to the top of

into the sewerage system

days in July 2014.

two charges – had caused

the tank manhole and the

and compounded the leak.

sensitivity was set at low,

A catalogue of

and a Lancashire river.

On 15 June, at Preston

Residents up to 1km

Crown Court, Tesco was

The company had

which meant no alarm was

away from the filling

fined £5m for an offence

been aware it needed to

triggered when the leak

station, in Haslingden,

under the Dangerous

replace rubber bellows in

occurred. The manhole

October 2017

chamber was also not

did not correct Fairbanks’

watertight and this allowed

misconception. Matters

petrol to escape to ground

were not helped by Tesco’s

via unsealed pipe joints.

own risk assessment for

Tesco knew about this, as

the site, which failed to

contractors had previously

record that it had double-

been called to remove

skin tanks or was a

water from the manhole.

pressure system.

Tesco had employed

Tesco was alerted to the

a third-party wetstock

leak at 9.30am on 3 July

management company,

when the pumps from

Fairbanks Environmental,

tank one were shut down.

to carry out daily analysis

They were restarted almost

of fuel stocks. The data was

immediately, however,

collected at midnight and

after Fairbanks concluded

reviewed every morning.

the fuel loss was a result of

On 3 July, Fairbanks

a breach of the integrity of

observed a serious leak

the tank itself, and the best

from tank one, which had

way to minimise losses

shown extreme hourly

would be to empty the tank

losses since a delivery at

via fuel sales. With losses

11am the previous day.

of 1,000 litres per hour, the

Fairbanks had mistakenly

prosecution contended

assumed Haslingden was

that immediate action

a suction site with single-

should have been taken to

skin tanks. In fact, it was a

stop dispensing from tank

pressure site with double-

one and to arrange for a

skin tanks.

contractor to uplift the

The ‘pump’ at a suction

remaining fuel from the

site is in the dispenser

tank, in the circumstances

and sucks fuel from the

of a suspected tank leak.

tank when required.

Tesco’s emergency

At a pressure site, a

procedures were

submersible pump in the

considered inadequate;

tank pushes fuel to the

they did not mention the

dispenser; this means

EA or require contact to be

lines from the tank are

made with the agency in

constantly under pressure

the event of a spillage or a

so any demand – for

leak. No contact numbers

example, from a dispenser

were recorded for the

nozzle or failing bellows –

environmental health

activates the pump, forcing

officer, and contact details

more fuel from the tank.

for the licensing authority

When Fairbanks notified Tesco of the leak, Tesco

October 2017

reCoMMendationS For many years, we have had good working relationships with other agencies in Lancashire and this enabled us to undertake a joint investigation and prosecution with the Environment Agency. We were able to share a barrister, saving on costs and simplifying the court process.

digest: case study

Words. David Scott Images. iStock

Do not underestimate the time needed to prepare for a sentencing hearing. There was considerable correspondence between the prosecution and defence, and an almost forensic examination of the new sentencing guidelines. This included detailed consideration by both sides’ expert witnesses, and the preparation of a joint report from those experts. The identification of expert witnesses who were prepared to attend court was vital to the success of the prosecution.

Gather statements from anyone affected by the incident. The statements of residents in Haslingden enabled us to demonstrate real harm, and proved very powerful. These were given to the defence expert witness, who had to agree the symptoms were consistent with exposure to petrol fumes.

Finally, stick with it. The investigation was long and difficult, but this was a very serious incident that affected a lot of people and the environment – and, in the end, this was properly reflected in the level of penalty imposed.

– Lancashire Trading Standards – are thought to

9

the prosecution put it

‘Sentencing Tesco, the Honorary Recorder of Preston, Judge Mark Brown, stated there was no doubt in his mind of a serious risk of death or injury if there had been an explosion and, therefore, the harm risk was high’

at high.

Sentencing Tesco, the Honorary Recorder of Preston, Judge Mark Brown, stated there was no doubt in his mind of a serious risk of death or injury if there had been an

digest: case study

explosion and, therefore,

10

the harm risk was high.

leSSonS learned

He also doubted the advice from Fairbanks would have

In the immediate response to a serious incident, the focus is, naturally, on minimising risk and impact – but it is also important to collect and retain evidence, should a prosecution be necessary. This principle applies to all agencies involved in the response. An issue we encountered was the lack of evidence of explosive atmosphere readings in homes and sewers. These may have allowed us to identify more clearly the pathway from the petrol site, and the level of risk at properties and the utilities affected.

have been out of date.

It proved important for us to look at the control measures in place at the site, and whether they were fully operational and effective. This included detection systems, risk assessments, wetstock monitoring and records of historical issues, including maintenance carried out.

The sentencing

Tesco’s failure to notify

been the same if they had known it was a pressure

the authorities of the

site, as put forward by

relevance and suspected

the defence. He pointed

scale of the spill for more

to ‘serious and systematic

than 24 hours after being

failures’, making this ‘a

made aware of a leak

very serious incident that

delayed implementation

was entirely avoidable’.

of Lancashire’s multi-

After the hearing, a

agency emergency

Tesco spokesman said:

response plan, Merlin.

‘We sincerely regret the

The consequence was that

fuel-spillage incident

unleaded petrol leaked

at our petrol station in

for about 29 hours, while

Haslingden and we’re

a further consignment

sorry for the impact it had

of fuel was delivered

on the local environment,

into tank one at 8am on

our customers and the

3 July – 21 hours after the

community. This was

leak started. Throughout

a deeply unfortunate,

the whole period, tank

isolated incident, and one

one’s submerged pump

for which we have taken

continued to send petrol

full responsibility.

through the faulty bellows.

‘We have inspected all relevant petrol stations, introduced a real-time

It was agreed that the

monitoring system

risk of an explosion, as a

and made a number of

consequence of the escape

improvements to protect

of petrol and its linked

against similar incidents

petrol fumes, was low.

happening again.’

But there was disagreement as to the seriousness of the harm risk if there was an explosion – the defence asserted it was low – while

david Scott is a trading standards manager at lancashire trading Standards.

October 2017

You can’t change your basic personality, but you can be a good leader and manager if you’re self aware. I know I’m decisive, I know I’m overly assertive – I’ve regularly been referred to as a bull in a china shop – but, because I know I come across like that, I have made it work for me where I need to, and knocked the rough edges off where I don’t WENDy MArTIN, PrOGrAMME DIrECTOr NATIONAL TrADING STANDArDS, SPEAKING AT THE COLLEGE OF FELLOWS ANNUAL LECTUrE, JUNE 2017

last year, 1,873 fires in england were caused by domestic electrical white goods, such as dishwashers and fridge freezers – the equivalent of more than five blazes per day ELECTrICAL SAFETy FIrST

There is clearly an issue about the overall level of resources against such a spectrum of responsibilities… I would just be wary about wishing everything to be national in future

in the year to September 2016, there were an estimated 1.9 million cyber-fraud incidents in england and Wales – 16 per cent of all estimated crime incidents

rICHArD FLINTON, NOrTH yOrKSHIrE COUNTy COUNCIL CHIEF ExECUTIvE, SPEAKING AT CTSI CONFErENCE IN JUNE

OFFICE FOr NATIONAL STATISTICS

abstracts From TS Today

Can you explain why local authorities have basically ignored something called the Construction Products Regulation? There are fire doors and panels out there that we are now finding are non-compliant. We do not get complaints about it, so how will you prioritise those sorts of issues?

PrODUCT SAFETy ExPErT CHrISTINE HEEMSKErK SPEAKS OUT AT CTSI CONFErENCE

Public health and protection is being eroded.

This is starting to get dangerous STEvE TOMBS, PrOFESSOr OF CrIMINOLOGy AT THE OPEN UNIvErSITy, SPEAKING AS A PANEL MEMBEr DUrING CTSI CONFErENCE

The High Court’s original decision still stands and the advice given to Greggs as to what constitutes a ‘relevant place’ was – and is – wrong HULL CITy COUNCIL SPEAKS AFTEr THE LATEST JUDGMENT IN THE LONG-rUNNING DISPUTE OvEr WHETHEr TOILETS SHOULD BE PrOvIDED IN BrANCHES OF GrEGGS BAKEry

Complaints and enquiries about car hire in the eu increased by 29 per cent from July 2016 to June ’17 UK EUrOPEAN CONSUMEr CENTrE

a kilogram’s not what it used to be. Planck’s constant is 6.626069934 x 10−34 kg∙m2/s, with an uncertainty of 13 parts per billion (ppb). niSt’s previous measurement had uncertainty of 34ppb NATIONAL INSTITUTE OF STANDArDS AND TECHNOLOGy

Scamming in the uk is worth £1.59bn. even when people realised they were being scammed, 35 per cent continued, as it was a low-value transaction PSychology of Scamming: TRuST and SafeTy in The online maRkeT Place

Source: TS Today Jul-Sept 2017 www.tradingstandards.uk/tstoday

11

as funding continues to head south and more councils look to sell services to survive, we ask if commercialisation could leave them on the wrong side of the law

analysis

Survival of the commercialist The sunshine certainly

doubt that local authorities

the prosecution did not

didn’t shine on the coffers

have the skills, knowledge

have such a benefit,

of local authorities this

and experience to give

and disapproved of the

summer. If anything, the

advice and support, but

incentivisation agreement

winter chill increased as

the ground becomes shaky

between Thurrock and

council leaders warned

when the drive to bring in

the LAA, saying Thurrock

that children’s social

money overtakes the core

had a ‘real financial

care services are now at

statutory responsibility

interest in undertaking

breaking point, joining the

of a local authority. This

the prosecution’ because

happened in the recent

it stood to get 37.5 per

fraud prosecution case

cent of any confiscation

involving Thurrock

proceeds.

crisis in adult social care.

With local authorities set to face an overall funding gap of £20.8bn by 2020, it’s no wonder councils are looking for ways to keep themselves afloat.

One golden-looking ticket out of the funding black hole is commercialisation.

Some trading standards departments have moved towards this – with varying degrees of success – through the Primary Authority scheme. There is a now a move by some councils to increase the range of services for which people pay. There is no

12

Words. Louise Parfitt Images. iStock, Getty

lord John thoMaS, LOrD CHIEF JUSTICE, SPEAKING ABOUT THE rECENT THUrrOCK COUNCIL CASE

‘There were no proper grounds for it [Thurrock Council] to consider that it was expedient for the promotion, or protection, of the interests of the inhabitants of Thurrock to prosecute the appellants’

Council, which was acting

The law is certainly not

on behalf of the Legal Aid

new, but the pressure

Agency (LAA).

on budgets has never

The Court of Appeal

been so intense. Is the

ruled that it was unlawful

opportunity to make

for Thurrock to bring the

money – to keep afloat,

case. It said it was out of

to avoid redundancies, to

Thurrock’s remit as defined

retain valuable skills, all

by section 222 of the Local

of which weigh heavily

Government Act (LGA)

on the shoulders of those

1972, which empowers a

responsible for budgets –

local authority to prosecute

putting councils at risk of

where the authority

being on the wrong side of

‘considers it expedient

the law?

for the promotion of the

Wendy Martin,

interests of the inhabitants

programme director

of their area’.

at National Trading

The court found that

Standards, thinks not,

October 2017

£89m

£20.8bn

£84 per hour

37.5%

the amount the budget for trading standards fell by between 2009 and 2016

the overall funding gap local authorities are set to face by 2020

the amount Cornwall Council charges for an officer to offer tailored regulatory advice to a business

the share of confiscation proceeds thurrock stood to gain if it won the case on behalf of the legal aid agency

as long as the service

of crime as revenue

support functions. ‘The

broad range of statutory

being offered underpins a

stream for such services is

trigger for trying to

health, licensing,

function a local authority

dangerous and wrong.’

think more innovatively

environment and trading

was the prospect of

standards functions and

already has, and there are legal grounds – either

Long-term view

reduced funding from

continues to receive

specific legislation or local

Charging for services that

the public purse for the

extremely positive

government legislation –

were previously offered by

foreseeable future,’ Stuart

feedback from business

that allows charging. ‘The

a local authority for free

Benson, head of business

customers.

fundamental difference

has split opinions within

standards and registration,

between charging for

trading standards. Many

explains. ‘We saw it as an

necessity of making sure

Primary Authority services

officers have protested

alternative to the managed

any commercial offer is

or business advice and

against the move towards

diminution of statutory

aligned to the council’s

what Thurrock was

charging, feeling it

service delivery across the

pre-existing core service

doing in relation to that

compromises their role as

board, which has been

objectives. ‘By continually

particular case is that

enforcement officers, but

evident in some other local

testing commercial

Thurrock was attempting

others have taken a more

authorities. Our charges

product ideas against our

to do something that

strategic view that this is

are based on full-cost

core purpose, we have

was totally outside its

where the future lies.

recovery rates and the

been able to ensure that

income generated sustains

we move in a direction

our statutory services.’

that is consistent with our

specific functions as a local

Three years ago,

authority,’ Martin says.

Cornwall Council began

‘The idea to see proceeds

charging for business

October 2017

Cornwall now offers a

analysis

fast facts

Benson emphasises the

government remit,’ he

13

analysis

but the struggling smaller authorities may says. ‘We have tried to

become worse off. I

do things in a planned

think maybe we ought

way, based around an

to start exploring shared

operating model, and not

approaches to this type

to simply react ad hoc to

of work, and also look

events.’

to our professional

Martin agrees that

– who sit outside the

term plan is crucial. Her

local authority networks

concerns are when local

and are able to go into

authorities are chasing

commercialisation

small amounts of income

without the same

to infill staffing budget

constraints.’

gaps, which she believes

14

organisations – like CTSI

having a clear, long-

thereSa MaY, UK PrIME MINISTEr (SPEECH GIvEN IN JUNE 2016)

‘If, before 2020, there is a choice between further spending cuts, more borrowing and tax rises, the priority must be to avoid tax increases’

just puts off making hard

Ultimate decision

decisions. ‘You’ve got

Stephanie Hudson,

to be planning for five

former prosecution

years’ time. And that

coordinator for trading

might mean – as a head

standards at Liverpool

of service – you have to

City Council, is appalled

to charge for services is

would naturally

be making long-term

by the push to sell

a matter for each local

investigate as a matter

decisions that focus on

services to survive.

authority, based upon

of course, it is probably

how our job is to help

‘Councils are not a

local need and the ability

not something your local

the business community

business – they are there

to deliver services that

authority ought to be

but, more importantly, to

to serve the people,’

constituents want.’

prosecuting. And never

protect the people who

she states emphatically.

are paying the council

‘But the drive for money

to be a clear difference

Act as a consideration

tax, and do what is best

outweighs everything.

between recovering

as to whether the

for them. That will often

Councils think they can

cost services and selling

prosecution should be

mean that protecting staff

do things and they can’t –

things on a commercial

brought or not.’

comes second place.’

look at the Thurrock case.’

basis. ‘There is scope

supporting businesses.

‘Ultimately, the decision

Barry says there has

of your own departments within your organisation

use the Proceeds of Crime

Sara Barry, head of

However, Gaynor

for recovering costs in

TS Review approached

safer communities at

Jackson, director of

some of the things we

Thurrock Council about

Lincolnshire County

operations and company

do – there is value in that

the recent judgment

Council, warns that

secretary for Trading

and we’ve got good skills

against it, but the

smaller authorities

Standards South East,

– but to sell services in

authority declined to

may find it harder

believes this is one of

a local authority context

comment.

to follow Cornwall’s

those issues where we

is quite difficult and a

example, pointing

have to put our concerns

bit dangerous. This is

out that establishing

to one side to continue

where councils become

a viable service takes

protecting consumers.

unstuck.’

time and removes

‘Local authorities are

resource away from core

facing difficult decisions

offers a final piece of

responsibilities. ‘Larger

and are having to

advice to help local

authorities can do it and

prioritise their resources

authorities avoid the same

take the benefit of the

to continue protecting

fate as Thurrock. ‘If it is

commercial approach,

consumers and

not something that one

Barrister Lee Reynolds Sources www.local.gov.uk www.businessregulatory support.co.uk cTSi’s Workforce Survey 2016 – www.tradingstandards.uk www.independent.co.uk

Watch out! It’s a jungle out there I’m great at giving advice. People come up to me in the street all the time and ask me for help with aspects of their consumer life.

I give it to them, but all the while, I’m like a chap

This is made possible through the Machiavellian mechanism of the ‘continuous payment authority’ or CPA. At some point in history, some genius in the banking world invented a way for firms to be able to take money

in a cartoon with an angel on one shoulder, quietly

from our accounts at any time with a single authorisation

applauding my public spirit, and a devil on the other,

from the customer and without any further notification to that customer of payments.

shouting: ‘Oh yeah, buddy,

I don’t know who

and when was the last time YOU got quotes from three

it was, but he or she

different roofers? NEVER!’

is responsible for the involuntary haemorrhaging

A classic example of this kind of hypocrisy

of millions and millions

is my failure to make

of pounds, unseen, from

regular checks of my

people’s accounts.

This is a spectacularly

bank accounts for hidden

successful way for firms to

subscription traps.

make money in your sleep.

If you’re not familiar with the term, a subscription trap

You often don’t know you’ve

is a leaf-and branch-covered

agreed to it, you don’t notice

money pit, into which you

it’s gone, and you’re unlikely

fall when you say ‘yes’ to

to go to court for £5.99 a

an appealing opening offer

month. But that doesn’t

that’s either free or a matter

mean it shouldn’t change.

The Budget last spring

of pennies.

proposed legislation that

Typically, these used to

would prevent firms taking

be for beauty products, but there are now holes on the forest floor for your money

the sums without letting you know, but here’s the worry:

everywhere – for streaming services, magazines, delivery

we now have so much information to machete through

services and mobile phones; you name it.

in our consumer lives, will even these notifications just

What you can’t see beneath this lush, green, surface foliage is the mesh of undecipherable legalese from

viewpoint

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

get lost?

Be careful people, it’s a jungle out there!

which you’ll never escape, and the curare-covered pointy sticks of sneaky monthly payments that will hurt you without you ever feeling a thing. And they never, ever end. Ever.

October 2017

Matt allwright is a television presenter and journalist. he presents bbC programmes including Watchdog, Rogue Traders, The Housing Enforcers, and Saints and Scroungers.

15

Unblocking the barriers to growth Words. Margot James MP // Images. Alamy

viewpoint

The extension of Primary Authority this October is a game-

Evidence over many years has shown how important

changer. It enables local authorities to offer any business

it is that people starting out in business get early access to

– and any entrepreneur – access to reliable and tailored

reliable advice. With limited funds, they cannot afford to

regulatory advice. Every UK business can now receive

make mistakes, so enabling them to start off right protects

Primary Authority advice, which other regulators must

consumers and allows authorities to target their resources

either accept, resolve with their peers or challenge. This

efficiently. Local authorities have always been an important

assurance ensures businesses can get it right first time,

place for small and new businesses to turn to for support.

giving them confidence to invest and grow, create jobs and

Primary Authority, in its new form, will help improve this

support local communities.

support, enabling Growth Hubs, Better Business for All

Toilets, or the absence of them, in two Greggs stores has

and Local Enterprise Partnerships to give direction

become an acid test for Primary Authority – what everyone

on matters of regulation, ensuring start-ups enjoy a

agrees on is the need for change in the delivery of local

joined-up service.

regulation, to protect people and enable businesses to grow.

In this case, Hull City Council challenged the advice

Underpinning all this activity is the register and the guidance. The new, simpler, easier-to-use online Primary

Newcastle upon Tyne had given on the application of the

Authority Register is central to the success of the scheme

term ‘relevant place’ for the provision of toilets by Greggs.

and its ability to administer tens of thousands of users.

It is important to note that, in eight years, there have only

Sharing information through it provides local authority

been two government determinations. The vast majority of

officers with the national picture, enabling them to target

disagreements have been resolved quickly and informally

their activities. The draft revised statutory guidance on

by the local authorities involved.

gov.uk gives an explanation of how the new administrative

The changes in Primary Authority, which came into force on 1 October, endorse local authorities as the frontline of this step-change in delivery of local regulation. Working

approach works in practice. In addition, the guidance allows for bespoke arrangements where necessary.

National regulators, too, have been brought closer

with the support of national regulators, local officers are in a

to the scheme, with their new roles in the provision of

stronger position to give authoritative, accessible advice and

advice – identifying strategic partnerships and sectors, and

encourage economic progress.

prioritising interventions and supporting local authorities.

In September 2017, 90 per cent of the 16,000 businesses

Government is committed to delivering a bold, modern

in Primary Authority were small and medium-sized

industrial strategy that builds on our strengths, offers

enterprises. Economists predict it is small businesses that

certainty and stands the test of time, so we have a resilient

will create much of the UK’s future growth and jobs. So it’s

economy ready for the future – in all corners of the UK.

important that joining the scheme has been made easier

Primary Authority is an important way of achieving

for the thousands of small businesses in trade associations,

these aims.

franchises and other groups. These are the coordinators who are now eagerly pursuing much of the early additional take-up of opportunities in Primary Authority.

16

Margot James MP is parliamentary under-secretary of state for small business, consumers and corporate responsibility.

October 2017

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

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

Courses currently available

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

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

• • • • • •

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

Coming soon •

Alternative Dispute Resolution

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

The known ‘unknowns’… and other challenges viewpoint

Words. Ben richards // Images. iStock

The summer holidays are a chance to reflect on the

and parliamentary time, earlier in the summer the

come. As US Defence Secretary Donald Rumsfeld said in

government announced a number of proposed

the fevered build-up to the Iraq war: ‘There are known

changes and consultations on issues that CTSI has long

unknowns; that is to say, we know there are some things

campaigned to see resolved.

we do not know.’ In many ways, we know what the

One of these is subscription traps, by which

challenges of the next six months will be – namely Brexit,

consumers are misled into hidden, lengthy, continuous

and the capacity of consumer protection to cover such

payments by the use of initial free trials or reduced-price

issues as product safety. The unknowns are whether

offers. They have long been used by scammers, and

there will be any clearer answers to the implications of

remain a cause of significant consumer harm.

these challenges.

The Great Repeal Bill – officially the European Union

While the government’s plan to curb the worst examples has not been confirmed, CTSI is adamant that

(Withdrawal) Bill – came to parliament for its second

the distinction between a legitimate ongoing payment

reading (its first full debate) early in September. This bill

commitment and ‘a trap’ is a clear priority. Consumers

is the cornerstone of the first stage of withdrawal, giving

should have clear, upfront information about the full price

the government ‘Henry VIII powers’ to amend legislation

and length of their contractual commitments before they

to reflect the removal of EU institutions from British law.

agree to special offers.

In the coming months, the political drama will no

Meanwhile, on 12 September – one year on from a

doubt continue, as further Brexit bills on customs and

full parliamentary debate on scamming – the University

other issues come before parliament.

of Bournemouth held an event to renew our joint call for

CTSI’s Brexit Think Tank – which pools expertise to

a coordinated approach between government, banks and

assist the profession and decision-makers in maintaining

enforcers to ensure we avoid leaving consumers unduly

the highest standards of consumer protection – is now

exposed to scamming.

operational and, as you will read in Craig McClue’s

18

While Brexit continues to grab column inches

political year that has been and prepare for what is to

Also, it’s uncertain whether the National Audit Office

article on page 20, work is well under way to examine

report on consumer protection will now go before

the opportunities and threats brought about by leaving

the Public Accounts Committee for scrutiny. It was

the EU. In light of CTSI’s wish to bring our expertise to

originally scheduled to be reviewed in May, but was

decision-makers we will once again be working with an

postponed because of the General Election. TS Review

all-party parliamentary group at Westminster, which is

has covered, in depth, the findings of the report, namely

looking for information on the implications of Brexit for

that: grass-roots consumer protection is becoming a

consumers and businesses.

patchwork; there is little incentive to tackle market-wide

October 2017

PoSitive SignS

problems; and ultimately, the whole system is yet to deliver value for money.

Finally, by the time you read this, Liverpool City Council should have completed its obligations under last year’s judicial review settlement.

The court’s clarification that a council must consider the full demands of UK and EU statute when making resources decisions was useful, but does not alleviate the pressure that continuing budget cuts and growing demand are having on local authorities.

CTSI is committed to working with councils to understand their obligations and the wider benefits that trading standards can deliver. It will also reflect to government that there remains a clear need for leadership on how consumer protection, market surveillance and business advice will be delivered in a 21st-century marketplace.

ben richards is campaigns and policy executive at CtSi. October 2017

One of those indicators was the pensions cold-calling ban announced this summer.

This was a completely unacceptable practice that allowed scammers to target a worker’s life savings. Any decision on where to invest a pension pot should be made not on the basis of an unsolicited call, but soberly, and with consideration and advice from professionals.

This proposed ban on cold calling should allow consumers the time and space to make informed decisions on pension guidance without the risk of dodgy sales practices, which can cause life-changing losses.

viewpoint

Indications are good that there remains an appetite within government to deal with ongoing consumer issues.

Another indicator is the government’s decision to consult this autumn on how to license laser pens. The thought that a laser pen may cause a catastrophic car or air crash is terrifying.

A misused laser pen directed at a pilot or a driver can cause eye damage or temporary blindness, and – with more than a thousand incidents reported by pilots last year – it is not an unrealistic prospect. However, given the ever-reducing resources at the disposal of most trading standards services, any changes will need to be adequately funded to be effective.

19

Words. Craig McClue Images. iStock

BrexIt

WoUndS as CtSi’s brexit think tank prepares to hold its first meeting, its members

think tank

highlight the opportunities and threats in areas they have been scoping out After 44 years of political and economic marriage, of

is critical from the break-up spoils. Where might the

sharing resources and building relationships, divorce

opportunities lie in the new freedom that the UK will have

can be a shock, full of uncertainty for everyone involved.

to develop fresh policies with new partner markets?

Despite contrasting views on whether the UK’s ‘divorce’

formed Brexit Think Tank, experts are considering the

threats and opportunities for trading standards – and

options, scoping where EU membership has influenced

CTSI must lead to ensure the profession and consumer

trading standards, and formulating positions on what a

protection law aren’t casualties along the way.

future consumer protection system should look like.

As with most divorces, there is very little chance

The task is not inconsiderable, given the huge

of returning to ‘who we were before we met’. This

influence the EU has had on the lives of consumers and

is certainly true for consumer protection, as modern

regulators. In terms of expertise, Jacqueline Minor, a

markets have developed beyond all recognition since

former European Commission director for consumer

our European Economic Community (EEC) wedding

policy – and more recently the European Commission’s

in 1973. Consumer buying and choice are now much

head of representation in the UK – joined the Think

faster and more competitive – full of instant digital

Tank. She said: ‘For many years, the UK was a leading

comparisons and increasingly online, from Europe and

proponent of European consumer policy. It recognised

beyond. Regulation and legislation has done well to

the importance of stringent safety standards, rights

keep pace, but parting does expose a vastly complex

aligned to a changing consumer landscape and effective

and interconnected relationship between the UK’s and

enforcement. After withdrawal, consumers are entitled to

EU’s rules on consumer protection. In this new world, will Brexit be a clean break, or will there necessarily always be strong consumer protection links with our former EU partners?

Questions remain about how we minimise the Brexit wounds and preserve what

20

Now recruitment is complete for CTSI’s recently

from the EU is the right path, it is one that brings many

expect at least the same level of protection, even though the UK may lose the benefits of cooperating with, and learning from, consumer authorities and associations in the other member states. Meeting that expectation is one of the many challenges that Brexit throws up.’

As to any immediate risks, the government has promised there will be no loss of protections as the entire EU body of law will be ‘lifted and shifted’ into

October 2017

Meet the MeMberS CTSI Policy

as straightforward as it sounds? Some Think Tank experts have offered early opinions on the threats and opportunities Brexit poses.

Grenfell and the regulation agenda The horrors of the fire at Grenfell Tower brought the regulation agenda into stark focus, and product safety is an area where EU influence has been all-pervasive. CTSI lead officer and Brexit Think Tank member Christine Heemskerk expressed concerns. She said: ‘The whole product-safety framework is under threat after Brexit, as there are very few pieces of purely domestic legislation made via the Consumer Protection Act. ‘Take the EU Regulation on accreditation and market surveillance (RAMS), for example. It is directly applicable and has great significance if not re-enacted. RAMS establishes some vital legal definitions, such as placing on the market, economic operators and, particularly, market surveillance. This definition underpins all product-safety enforcement and clearly outlines what activities market

There are hopes ThaT BrexiT and The repeal Bill will clarify conTenTious issues ThaT enforcemenT Bodies, consumers and Businesses find confusing Bruce Treloar

CTSI Comms Eleni Chalkidou European Consumer Andy Allen Centre representative Cross-border enforcement representative

Mike Coates/Jason Freeman (Competition and Markets Authority)

CTSI Board member and vice president

Noel Hunter OBE

EU/business experts Academic/specialist Jackie Minor Confederation of TBC British Industry/ business representative Heads of service organisations Association of Chief Jo Player (Brighton & Trading Standards Hove) Officers Society of Chief Graeme Paton Officers of Trading (Aberdeen City) Standards in Scotland Wales Heads of Trading Standards

Judith Parry (Rhondda Cynon Taf)

Northern Ireland Trading Standards

Damien Doherty (Northern Ireland)

CTSI Council

Sara Barry (Lincolnshire)

Portfolio experts Product safety Christine Heemskerk (CTSI) Metrology

David Templeton (South Lanarkshire TS)

Travel Animal health/ agriculture

Bruce Treloar Stephanie Young (Staffordshire TS)

Fair trading civil/ criminal

Peter Stonely (Stonely Training)

Intellectual property

Handley Brustad (Cardiff TS); Gavin Terry David Pickering (Bucks/ Surrey); Corinne Lowe (Flintshire) David Mackenzie (Highland TS)

Food

e-Commerce

October 2017

think tank

the UK statute book by the repeal bill. But is that

CTSI and ECC Craig McClue; Adam Scorer; Ben Richards

21

think tank

idea for CtSi brexit think tank first suggested

broad scoping of current eu provisions made by each portfolio holder

30 Mar

Aug/ Sep

Oct

CTSI ThInk TAnk

May/ Jul Members appointed

2016 FOrMAl BrExIT prOCESS

idea approved

by CtSi Council

2017 article 50 of the lisbon treaty triggers twoyear leaving process

20 Feb former PM david Cameron announces date for eu referendum

23 Jun voters hit the polls

uk/eu negotiations begin 19 Jun

29 Mar 30 Mar

White paper on great repeal bill is published

surveillance authorities (trading standards) should

term welfare standards are at risk – and is particularly

be undertaking. It is vital to examine such areas to

concerned about the loss of EU support for the rural

ensure our product-safety system is preserved and that

community after Brexit. She warned: ‘The UK has set

businesses can be properly advised.’

high standards for animal health and welfare controls

Stephanie Young, lead officer and Think Tank expert for animal health and agriculture, believes longer-

22

over many years, with a lot of EU legislation adopting the controls the UK has already embedded. This will not

October 2017

initial meeting of members Oct 2

Oct 6

think tank

Scoping of possible improvements for UK trading standards laws and systems

Issues, opportunities and threats in EU trade deals monitored and reported report of first meeting published

Second meeting of members

third meeting of members

Dec

Jan

Apr/ May

verbal update to CtSi Council

2018

2019

17 Jul Second round of eu/uk talks take place

Oct/ Dec uk/eu ‘divorce principles’ agreed

Oct eu negotiators state deadline for a deal

Mar/ Apr brexit day: uk’s departure from the eu confirmed

change in the foreseeable future. The greatest threat

reliance on payments from the EU for compliance with

to the UK will be the stopping of EU subsidies into the

acceptable farming practices.

agricultural sector, and how this manifests itself within industry standards.

‘A number of rural businesses across the UK are located in disadvantaged areas, where there is a lot of

October 2017

‘With these EU payments withdrawn, there may be a noticeable increase in reduced welfare standards on farms, or practices adopted that may be detrimental to public health and animal health.’

23

think tank

gliMMerS of hoPe? As the third round of divorce negotiations got under way between UK and EU representatives, those seeking clarity were heartened by the UK government outlining its stance via several position papers in August.

Encouragingly for trading standards and business, one such paper deals with principles on the circulation of goods within the EU and UK – making clear the UK’s preference for goods that have been successfully conformity assessed, approved or placed on the market before Brexit should not be subject to extra compliance measures after Brexit. The paper also proposes that for those ‘pre-exit approved goods’, the current market surveillance authorities and arrangements should be maintained, and that mutual recognition principles should still apply to them when the UK leaves.

For consumers, a government position paper on civil-justice access and cooperation after Brexit makes clear its hope that – where there is a dispute – they can bring a claim in their own country’s courts, regardless of where the supplier is based, and that the resulting judgment will be enforceable. Quite how this aim will reconcile with the UK’s desire not to be subject to the rule or influence of the European Court of Justice remains to be seen.

The Think Tank will consider the threats and opportunities the UK’s exit from the EU brings. It is a substantial task, particularly in such a heavily regulated landscape as animal health and the official food and feed controls.

Spotting an early opportunity for the UK to rectify the often criticised EU rules on consumer contracts, Peter Stonely, Think Tank expert for fair trading law, said: ‘Personally, I hope it will enable us to persuade government to improve the Consumer Contracts Regulations – to move away from a Directive that has messed up consumer rights and made it very difficult for smaller businesses to comply. The Think Tank will give us a great opportunity to make authoritative and coherent representations to government.’

Acknowledging that – despite Brexit – consumers will still need EU-wide protections for online purchases, e-commerce Think Tank expert David Mackenzie said: ‘It’s crucial that UK consumers and businesses have clarity, and are treated fairly when buying and selling in EU markets after March 2019. E-commerce is at the centre of this, as most cross-border purchases are done online.

‘I think we need to guard against a lazy assumption that “common sense will prevail”, with the UK’s online consumer laws remaining the same, and appropriate deals struck with the rest of Europe. We need to impress upon government that it must take consumer matters seriously and create the conditions for UK consumers and businesses to thrive after Brexit. This won’t just happen. The Brexit Think Tank is a crucial vehicle for taking this message forward to government and policy-makers.’

Think Tank expert on holiday and travel law Bruce Treloar added: ‘EU law simply doesn’t stop because of Brexit. I have been working with the Department

24

October 2017

on the implementation of the Package Travel Directive into UK law by July 2018. There are hopes that Brexit and the Repeal Bill will clarify contentious issues that

think tank

for Business, Energy and Industrial Strategy (BEIS)

enforcement bodies, consumers and businesses find confusing. Ultimately, this will affect their understanding of what protection they receive, with the different style of ‘holidays’ in the new law. We need to continue to influence the adoption of EU law going forward.’

As the divorce papers are being drawn up, CTSI’s experts are getting to work. With the first Think Tank meeting in early October, there is a need for strong policy-position outcomes, making sure there is no loss of protections for UK consumers, and that businesses

The whole producT-safeTy framework is under ThreaT afTer BrexiT as There are very few pieces of purely domesTic legislaTion made via The consumer proTecTion acT chrisTine heemskerk

and rank-and-file trading standards officers can have confidence that life goes on after divorce – and may even flourish.

Make your views known by emailing CTSI’s Brexit Think Tank Policy team at bttp@tsi.org.uk

Craig McClue is lead officer and policy executive at CtSi.

25

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Words. Professor robert young Images. iStock, Getty and Lancaster University

A future without fakes? a professor at lancaster university believes quantum technology holds the key to combating counterfeit goods

26

October 2017

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Counterfeit products, spoofing and identity

cycle working towards the first products

theft are the largest crimes in the world

being ready in 2018.

today . They lead to huge losses in revenue

A smartphone camera is used to read

1

for almost all commercial markets, and

the equivalent of a fingerprint from our tags.

impact negatively on the wellbeing of

This empowers anyone with a smartphone

society. For example, online publisher World

to verify – with atomic precision – the

Finance recently estimated that counterfeit

identity of a tagged object.

pharmaceuticals cost the industry $200bn a year (about £153bn), while 30 per cent of

How it works

non-genuine products contain no active

We have created a quantum device

ingredients. This means millions of people,

that can be applied to a whole range of

suffering from treatable diseases, are not

products to prove their authenticity. These

getting the medication they need.

‘tagged’ products can be verified at the

Recent growth in the scale of this

scale of individual atoms, using a simple

problem has been driven by the relentless

solution with a smartphone that has low

development of technology; ubiquitous

implementation costs. It represents the

access to high-performance computing and

physical limit at which a device can be

lowering the barrier to circumventing traditional security measures that are used as seals of authenticity.

To combat this when it comes to counterfeiting, we at Lancaster University – and spin-off company Quantum Base2 – are developing a new anti-counterfeiting technology that embraces these changes.

Put simply, we have invented a method,

◆ radio-frequency identification (rfid) uses electromagnetic fields to identify and track tags attached to objects automatically. the tags contain electronically stored information that is transmitted wirelessly to a receiver when they are read

signal that is sensitive to imperfections.

We believe this could be used to offer robust protection to the identity of an object in the near future, with our current development

robust security for many years to come.

To date, a broad range of anticounterfeiting technologies have been developed, with high-security documents – such as passports and banknotes – typically using a combination of these.

The majority of security devices fit under one of five technological umbrellas: holograms, ◆Radio-frequency identification (RFID), biometrics, security

using a new class of quantum materials – such as graphene – to produce a unique

authenticated, and is expected to offer

academic research

manufacturing technologies is drastically

◆ taggants are chemical or physical markers added to materials so they can be identified at a later date

print and ◆taggants3.

The reason such a diverse anticounterfeiting market has developed is because a number of key requirements have to be met by each technological

An illustration of how the unique quantum IDs could be used on a practical level

October 2017

27

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solution, but no one technology meets every requirement to a satisfactory level. These requirements include: 1. Robust security: security tags should provide a complex, unique identity that is difficult to guess. Having read the security tag, the task of producing a copy – with the same identity – should be very hard.

For some applications, it should also be difficult to reproduce the same identity, even with a more complex device.

2. Ease of verification: it is important that the process of verification is as simple as possible, and that any hardware required is easily accessible. This will enable the process of verification to become routine – the more often a product is checked, the more likely it is that counterfeits will be spotted.

3. Low cost of implementation: high implementation costs and additional processing stages will limit the rate of adoption.

4. Small footprint: a common strategy

rFIDs can incorporate a complex identity, but are relatively expensive and need a dedicated reader

of nefarious parties is to remove tags

academic research

from a genuine product and reuse them on fakes. Smaller tags make integration

expensive and require a dedicated reader.

simpler and the process of delamination

There is, in fact, a concerning general

more complex.

conflict between these requirements; robust security needs complexity, which is difficult

As an example of how current security

to measure. This means, for the majority of

solutions ‘trade’ some of the requirements

solutions, there is a trade-off between the

listed above against others, consider

level of security offered and the cost and

holograms. These consist of ◆micron-

ease of implementation. We have developed

scale features that are easy and cheap to fabricate (meeting requirement 3), can be embedded within films (requirement 4) and are usually verified through

a quantum technology to circumvent this apparent paradox.

As the size of features in devices get smaller, a point is reached at which

visual inspection (requirement 2). They

quantum mechanics dictates the underlying

are, however, relatively easy to copy

behaviour. If the scale is reduced further,

and are typically not unique, thereby

then the influence of quantum effects in the

failing requirement 1.

system can become easy to measure – even

RFID, on the other hand, can incorporate

28

◆ a micron is one thousand times smaller than a millimetre

without special equipment4.

a complex identity stored in a digital circuit,

We can use this to create robust,

making their security more robust – meeting

low-cost security solutions that are easy

requirement 1 – but they are relatively

to make and measure.

October 2017

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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

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Exfoliated flakes of a 2D material on sheets of sticky tape

academic research

advantage of this device-to-device variation.

The rise of quantum materials In 2010, the Nobel Prize for Physics was awarded for the discovery of graphene, a material consisting of a single layer of carbon atoms in a hexagonal lattice5.

It is one of a class of ‘quantum materials’, where – because of its extreme thinness – quantum physics dictates the behaviour of electrons travelling through it. Graphene possesses some outstanding properties and

We have developed a simple ◆ Single impurity atoms are points where one atom in the material is of the wrong type, for example, graphene is an array of carbon atoms, a single impurity might be an oxygen atom sitting where you’d expect to find a carbon atom

has the potential to revolutionise several product categories, from flexible electronics to water purifiers6.

Many of the promises for this wonder material have yet to be realised, in part because of the difficulties in mass-producing identical devices. The behaviour of graphene – and other two-dimensional materials discovered since7 – is extremely sensitive to imperfections. Interactions with other surfaces, ◆single impurity atoms and the atomic profile of the edges of the material, all alter the basic characteristics of the material. This has hampered adoption in many applications, but this negative can be turned into a positive by taking

30

◆disruptive security solution, based

on imperfections in a remarkable class of materials8. The optical properties of these materials vary hugely depending on atomic defects locked within them, giving a platform to extract secure fingerprints from the ◆fundamental length scale.

The colour, and other properties of light, emitted by a section of these materials depends greatly on the local imperfections in the material. When a photograph of a

◆ atomic profile refers to the shape of the edge of the sheet. flakes of graphene normally form in irregular sheets without straight edges. the exact shape – or profile – of these edges influences the properties of the flake

sheet of this material is taken, a seemingly

◆ ‘disruptive’ means some existing technologies are expected to be made redundant by this new quantum technology

is extremely stable, as the atomic structure

random pattern of variations in the colour of light emitted is produced. While these patterns are random between devices, they are stable within the same device, so the patterns can be repeatedly measured. The randomness derives from impurities that were locked into the material when it was created – every sheet of the material has a different profile of impurities within it. This of these materials is robust, which is the reason graphene is harder than diamond9.

To use these materials as a security tag, we have proposed the following procedure:

October 2017

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l

Looking for trustworthy traders?

A small (or large) area of the device to be authenticated is coated in a quantum material

l

A plastic film is placed on its surface, to protect it from chemical changes and damage

l

An image of the unique pattern it produces is stored in a secure database

l

This image can be verified by anyone who takes a picture with their smartphone

For this procedure to be valuable, the technology must meet the ‘four requirements’ outlined on page 26.

Quantum identities We have dubbed our technology ‘quantum identities’ (Q-IDs), because of its underlying operating principle. To make it practical, we had to solve two important problems: finding a method to coat surfaces in these materials cheaply; and reading the signature from them using a technique that can’t be fooled.

Graphene was first isolated in the laboratory, quite famously, using just a block of graphite and some Sellotape10. Graphite,

October 2017

◆ the fundamental length scale here means the atomic scale. all objects are made from atoms – if we zoom in enough, we will always find atoms underlying everything – so the fundamental length scale is a useful limit for measuring objects

academic research

An illustration of a graphene flake being measured

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or simple pencil lead, is a block of graphene layers stuck together rather weakly. By placing something as simple as sticky tape on its surface and ripping it off carefully it is possible to produce single-atom-thick layers of graphene. It is amazing that such a rudimentary technique could lead to a Nobel prize and the birth of such an exciting scientific field.

A hologram with a Q-ID sprayed on its surface has its identity read by a smartphone using an app written to process the image taken by a camera phone

While this process is useful for making small flakes of graphene for experiments in the laboratory, it isn’t scalable or practical for commercial applications.

Thankfully, a process for producing

academic research

inks containing ◆suspensions of these materials has been developed, which is not much more complex than the original Sellotape-based method11. These inks are produced by placing the bulk material – such as graphite – in a whirlpool (vortex in water). If the conditions are carefully controlled, the sheer force of the whirlpool on the graphite rips the graphene flakes from the graphite, producing an ink that can be spray-painted onto practically any surface.

When flakes of these quantum materials are illuminated with light –

◆ a suspension is a liquid with solids floating in it. in this case, the ink is a solvent, such as water, with billions of small flakes of the 2d material floating in it. this can then be sprayed onto a surface, just as any other ink would be

One further step is required to guard against passive clones mimicking the response of the Q-IDs. Explaining this is beyond the scope of this article, but full details are available in the research paper, Optical identification using imperfections in 2D materials 8.

robert Young fhea is a professor at lancaster university and co-founder of Quantum base.

for instance, when using a flash from a camera – the light is absorbed. This gives energy to electrons in the flake, which quickly return to equilibrium by losing some of this energy, emitting light with a ‘unique signature’12. A camera is then used to obtain and process an image of the Q-IDs ‘signature’. Currently, we use a cheap filter to select the emitted light preferentially, but we are already developing the second generation of this technology, so that it does not require any additional filter or hardware.

This digital fingerprint is generated by analysing the image to identify significant features. These are then compared to a record in a secure database, which can be used to verify the authenticity, or reject the tag.

32

References 1. International Chamber of Commerce, The economic impacts of counterfeiting and piracy – report prepared for BASCAP and INTA, http://bit.ly/2xbdzvy 2. www.quantumbase.com 3. bit.ly/2gN2uQC 4. roberts J et al, Using quantum confinement to uniquely identify devices, Scientific Reports 5, 16456, 2015 5. Novoselov K S et al, Electric field effect in atomically thin carbon films, Science 306, 666, 2004.

6. bit.ly/1Q3GJGa 7. Butler S Z et al, Progress, challenges and opportunities in two-dimensional materials beyond graphene, ACS Nano 7, 2898, 2013.

8. Cao y et al, Optical identification using imperfections in 2D materials, bit.ly/2y37GxC, doi:10.1088/2053-1583/aa8b4d, arxiv:1706.07949, 2017.

9. bit.ly/2wdNzvj 10. The graphene story: how Andrei Geim and Kostya Novoselov hit on a scientific breakthrough that changed the world... by playing with sticky tape, The independent, 2013.

11. Paton K r, Scalable production of large quantities of defectfree few-layer graphene by shear exfoliation in liquids, Nature Materials 13, 624, 2014.

12. Castellanos-Gomez A, Why all the fuss about 2D semiconductors? Nature Photonics 10, 202, 2016.

October 2017

Could digital idverification apps

technology

Words. Phil Lattimore Images. iStock

be about to make physical id a thing of the past?

Prove it October 2017

33

Yoti believes its technology has multiple uses, but the one most relevant to trading standards is proof of Fraud has become a multibillion-pound industry in

age when buying age-restricted goods, whether online

Britain and across the world. Every other day, some new

or in a shop. A quick check via a secure app system

statistic is released about online romance and phishing

that’s difficult to fake could make it simpler – and safer

scams, or doorstep criminals claiming to be reputable

– for retailers, particularly those who are new to selling

traders. But what if, at the swipe of your smartphone, you

underage products such as e-cigarettes. According to a

could prove definitively who you were dealing with?

report published earlier this year*, around 6,000 attacks

Digital identification systems are nothing new, but

asking for age identification. Of the attacks recorded,

2014 – believes its app could revolutionise proof of ID,

1,800 involved physical violence.

Yoti could also reduce the number of passports lost on

not just in the UK, but around the globe.

Yoti is a digital identity ‘platform’ that its inventors say will make it ‘quicker, easier and safer’ for individuals and organisations to verify who people are, online and

technology

take place every day on retailers as a direct result of them

Yoti – a London-based technology company founded in

nights out each year – currently around 10,000 – and so bring down the number of identity-fraud cases.

Event organisers could check who’s buying and

in person – and it believes its technology holds much

using tickets, thereby cutting the number of bots and

potential for trading standards.

touts buying up tickets to sell at extortionate prices on the online secondary market. In addition, reviews

How it works

on websites such as TripAdvisor could be verified, to

The technology cross-references its users with bona fide,

prevent fraudulent ‘customer’ reviews being planted by

traditional paper ID – such as a photo driving licence

businesses on their own sites.

or passport. The photo and photo ID are matched and verified by Yoti using state-of-the-art facial recognition.

Yoti’s director of regulatory and policy, Julie Dawson, says: ‘Whether it’s fraud, hacks or other identity-related

Back in the physical world, the technology could be used by the more vulnerable in society to identify potential scammers or rogue traders. With 27 per cent of over-75s now using iPads and other smart tablet devices

consumer pain points, the

– and four in 10 of those aged

issues Yoti is here to tackle are

65-74 using smartphones** –

hitting the headlines almost

technology is becoming less of

daily. We are at the “pivot point”, where a majority of consumers understand the identity risks and challenges they face, but need a simple, secure solution to help.’

The company is liaising with PASS proof-of-age compliance, as well as the National Trading Standards E-crime and Scams teams. Earlier this summer, Dawson presented at CTSI’s Conference in Harrogate and met local trading standards teams from across the UK. Embedding its links with the profession further, Yoti has also set up a Primary Authority with Westminster Trading Standards and says it intends to build ‘sustained collaborative relationships’ with local teams.

alreadY on board

a barrier to these age groups.

‘If you had third-party

Yoti is aiming for mass adoption of its app in quarter three of 2017.

Businesses already using it include:

operators [such as Yoti]

● Mortgage

says Veronica McGinley, TSO

Business – identity verification and ‘know your customer’ checks

● NSPCC

– anonymous age verification, so young people can prove they are under 18 and request that a sexually explicit image of themselves is removed from the internet

● Reed

– speeding up candidate screening and checking identities digitally

● Deltic

Group – the UK’s largest chain of nightclubs using Yoti as an accepted form of ID

less of a burden to business,’ for Inverclyde Council and CTSI lead on age-restricted sales.

‘They are probably less likely to suffer a data breach, too, as a business operating a platform dedicated to providing trusted data security. There are a lot of advantages to it – particularly in the light of the General Data Protection Regulation [set to come into force on 25 May 2018], which will tighten significantly the responsibilities firms have when gathering, using and protecting people’s data, and

● Freeads

34

– buyers and sellers verify their identity and create a more trusted community

responsible for this, it would be

October 2017

bolster consumers’ rights over how that data is stored and used.’

A handful of schemes around the UK use thumb-print scanners or passport scanners to verify age at clubs, but McGinley says these are unsatisfactory solutions. ‘The venues are holding that personal information and are responsible for it. That has data-protection implications for businesses that they may not even be aware of.’

Yoti is currently engaging with government departments, police services and ID-industry stakeholders, and is set to launch a pilot with one of the UK’s major supermarket chains. The NSPCC and a nightclub chain are also trialling the scheme. The app’s official UK launch is expected this month.

‘What this sort of solution does is provide the next step in being able to prove ID online, which has been a Standards manager at Staffordshire County Council,

So should digital ID schemes be backed or accredited

and joint lead with McGinley on age-restricted sales.

by government? ‘It would clearly help,’ says Cook, ‘but

‘No-one’s been able to address it particularly well. There

they don’t have to have it. Think of the PASS card – it had

are systems out there, but they are a little clunky, so most

to go through a phase where the police were a bit half-

businesses tend to ignore them.’

hearted about it. Until it had [acceptance], it was quite

Obstacles

tricky in some places to get that accepted.’

‘It can be done, though,’ Cook adds. ‘I think we

While it’s easy to see the benefits, there are still some

would have to have the PASS board expand its approval

practical obstacles to overcome. As Cook points out: ‘One

beyond the physical card with a hologram on it, to offer

of the things Yoti highlights is the app being useful for

independent accreditation to Yoti and similar ID schemes.

18-25-year-olds to prove their ID when they go into bars

If the PASS board does not have the resources or IT

or clubs. The problem is that current legislation, brought

expertise to accredit such systems, a third-party, trusted

in before such solutions were envisaged, doesn’t allow for

scheme may be needed to test the infrastructure, security

digital ID. The legislative Licensing Act has a mandatory

and regulatory data compliance of such providers.’

condition that ID has to have holographic proof of

For trading standards, an easy-to-operate, reliable

authenticity – a PASS-approved card with a holographic

system will be a welcome development for businesses.

logo on it. A fundamental change would be required to

‘Anything that would help to prevent underage sales is a

allow this legally, although it would probably only require

great thing,’ McGinley says. ‘The easier you make it for

it to be amended or modified by the Secretary of State,

them, the better.’

should they be minded to.’

technology

real problem over the years,’ says Brandon Cook, Trading

Cooks agrees: ‘Everywhere you look, businesses are expected to police things, including the sale of alcohol, tobacco and knives. Anything that can help them do that on the front line makes it a bit easier.’

There were 5.8m incidenTs of fraud in The uk in 2016, wiTh 41 per cenT of These idenTiTy-relaTed. furThermore, 88 per cenT of fraud Takes place online October 2017

Phil lattimore is a freelance journalist.

Footnotes *an analysis of abuse and violence towards retail staff when challenging customers for id, published by Under Age Sales, the Union of Shop, Distributive and Allied Workers (USDAW) and the National Federation of retail Newsagents (NFrN). **adults’ media use and attitudes report 2017, published by Ofcom.

35

SPotlight david Canter

Professor david Canter is no stranger to the intricacies of scamming techniques, and – after falling victim to one himself – he’s on a mission to change the way banks, the police and even trading standards deal with them

Power of

PerSUASIon 36

Words. Louise Parfitt Images. richard Linnett We need a radically different approach to dealing with online fraud. David Canter, director of the International Research Centre for Investigative Psychology at the University of Huddersfield and renowned behavioural profiler, is absolute in this belief.

He is softly spoken, but you can feel the determination radiating from him as he leans forward to tell me that cybercrime is much more complex and dangerous than – up until now – it has been regarded, and that large, organised crime networks are behind it. ‘When you begin to trace the little we know about who is doing it, and their origins, it is very likely they are hooked into terrorist networks. So I just don’t think it’s being taken seriously enough,’ he says.

Canter has had a successful and varied career as a psychologist. He is perhaps best known for developing

Some fraudsters have what Canter calls ‘mafiaism attitudes’ towards victims, where they believe anyone who falls for a scam deserves it. ‘We know criminals distort how they think about the world. In terms of fraud against companies, many criminals would say “nobody is suffering, there are no real victims there, and the insurance company will absorb it”,’ he explains.

‘Some people do seem to enjoy taking advantage of, and abusing, others.

For others, it’s simply an opportunity to make money. Scams often have links into bigger criminal or terrorism networks, too. A lot of criminal organisations survive on coercion, and people are forced into supporting criminal activity.’

Spotlight

inSide the CriMinal Mind

criminal profiling in the 1990s, after helping the police catch rapist and serial murderer John Duffy. More recently, his research has involved studying the techniques used by email scammers. Since Canter became a scam victim himself earlier this year – when £18,000 was taken from three of his bank accounts – he has been warning others of the dangers, and says the level of sophistication of fraudsters is underestimated.

‘More than half of all financial crime is through some sort of internet scam, but there isn’t the resource to deal with it,’ he says. ‘The police and Action Fraud are overwhelmed and they don’t have the processes for dealing with it.’

When Canter contacted his local police force about the scam to which he had fallen victim, they told him to get in touch with Action Fraud. This entailed filling in a form with a limited number of characters – a process he found ‘incredibly frustrating’ because he couldn’t give many

the fraudsters hook into a plausible narrative

details. ‘Action Fraud says it doesn’t follow up individual cases and doesn’t ask for bank account details – well, if it

October 2017

37

Spotlight

off guard earlier this year. His BT email address was hacked, and requests for money sent to certain contacts. doesn’t ask for bank accounts, how can it follow up? I knew

Canter points to the level of sophistication employed here,

the bank account the money had been sent to and had the

because the scammers targeted people with whom he

scammers’ phone number, so I included this information,

doesn’t have regular contact, saying he was in Turkey and

but have had no response.’

needed money. People Canter contacts frequently would

Rather than dealing with each individual case, Canter believes a much more integrated study of the networks

After lengthy conversations with BT’s helpdesk, he

needs to be carried out. He suggests trading standards

regained control of his account, but then received a call

could play a part by looking at the vulnerabilities that

from a woman claiming to be from BT, who said his IP

are built into the banking system and advising on what

address had also been compromised. ‘I was suspicious,

action to take.

but the fraudsters were very professional. They hook into a

‘Trading standards needs to be aware of the huge

plausible narrative – in my case, that my email system had

variation between banks [in how they prevent and deal

been interfered with. I was distracted at the time; I’d been

with cybercrime]. There should be someone looking at

very busy and just wanted this email fraud business sorted

which banks are suffering cybercrime and how they

out – they got me at a vulnerable moment.’

are dealing with it, and a more effective account of the

Canter asked the woman several questions to see if

relationships between the customer and the bank built

she was genuine, and she seemed to be the real deal. She

up. Then banks could display a cyber-protection rating –

clarified the situation with Canter, then transferred him

similar to the food-hygiene rating displayed by restaurants

to another person – much like a genuine support helpline

– to make customers aware of the security measures their

would – who started ‘working’ on his computer. Canter

bank offers.’

was fooled by the guy’s knowledge. ‘It’s where a little bit

No more banking by numbers

of knowledge is a dangerous thing,’ he says. ‘For example,

Canter says banks have redefined identity as a set of

they said: “There is a unique number in your computer –

numbers – which can be infiltrated much more easily than

go to this location.” So I went there and found a complex

personal identity. ‘Numbers are not a person’s identity.

number, which they read out to me. What I didn’t realise

They have a few little tricks – mother’s maiden name, for

was that every computer has the same complex number.’

example – but these are relatively simple to get hold of.

The confidence of the scammers also distracted Canter

We need to get away from numbers and get back to

– they even gave him a London telephone number he

individual identity,’ he explains.

could ring to confirm the call was genuine. By this time,

‘Banks often make the mistake of thinking cybercrime

the second scammer had engaged him in conversation –

is a technical problem, whereas I would say it is a

‘we talked about his engineering degree and they “stroked

psychological problem. Some banks are very poor at

me”, saying things like “you sound very young”, that sort

adjusting their systems to take account of psychological

of stuff’ – and was reassuring when Canter’s computer

fraudulent activity that draws on very strong persuasive

went blank several times, describing it as a normal part of

techniques – and spotting when this has happened and

the process.

taking immediate preventative action.’

It was these persuasive techniques that caught Canter

38

know he wasn’t in Turkey at that time.

‘The whole thing, at every level, was as plausible as possible,’ Canter says. ‘As a psychologist, we can learn a

October 2017

KENYON BLOCK Consultants Specialist Recruitment

Tel: 020 8360 7289 www.kenyonblock.com

Associate Member of Chartered Institute of Environmental Health

Spotlight

david Canter What Work aChieveMent are You MoSt Proud of?

Establishing the discipline of investigative psychology. As an undergraduate in 1964, I thought the major development would be to move psychology out of the clinic. I was more interested in the day-to-day experience of how it affects people, and in developing a real-world psychology. hoW did You beCoMe involved in inveStigative PSYChologY? I got a fellowship to Japan as an environmental psychologist and helped study people’s behaviour in emergencies, and how building design was relevant. Back in Britain, I did similar work, which eventually led me to work with the police, who later asked me to help on a major case involving a series of rapes and murders in London. I used ideas drawn from environmental psychology and it helped them to catch the guy. I realised there was a whole field of psychology that had not been recognised before.

What’S the biggeSt Change You have Seen in the PaSt 30 YearS? Just as the police were able to take more advantage of these insights, their budgets were cut back radically – they are just coping and firefighting now. hoW haS thiS Work Changed You? I think I’ve become much more understanding – not defending or exonerating, but understanding – of how people become criminals. And, in many ways, I am still surprisingly naive. hoW do You relax?

Making music! I play a clarinet in the town band and I play a tenor recorder in a music group. I’m also studying for a doctorate in music composition.

I used to create collages, and I always joke that I took up composition because it doesn’t make such a mess!

40

lot from scammers – they know more about persuasion than you will find in the average psychology textbook.’

Since Canter went public with his story, he has heard from people from all walks of life who have been similarly scammed. ‘Scammers are using powerful psychological persuasion techniques, and many people can be taken in by them – not just the elderly or vulnerable,’ he says.

The difference a bank makes Canter’s personal experience strengthened his opinion that banks need to be doing far more to tackle cybercrime.

‘They need to evaluate their operating systems and go beyond virus checkers and firewalls.’

Within an hour of being scammed, Canter realised what had happened and contacted all three banks involved. Lloyds immediately placed a 24-hour block on any transaction that looked a bit fraudulent. Santander’s algorithms detected some potentially fraudulent activity and the bank stopped one payment, but let another go,

even though similar sums of money were involved and the payments were to newly established payees. ‘It used checks that, in computer terms, are very elementary,’ Canter says. The money was taken instantly, and then began weeks of protracted negotiations with Santander to recover it. NatWest refunded his money promptly. Canter says he can see why some people become depressed afterwards. ‘They feel – as I did – total idiots, and they feel so desperate.’

Canter believes the agencies overseeing fraud have so much to deal with that they are chasing problems on a day-by-day basis. ‘But just getting a coherent account of how banks deal with cybercrime would help tackle it,’ he says. ‘Trading standards have played – and can still play – a very significant role in alerting people, in coordinating information, and in helping develop an analysis of what is really going on, in a systematic way.’

October 2017

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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.

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

how important compliance testing is to the sunbed industry

British people, generally, love to tan. The lack of regular sunshine in the UK guarantees millions jet off to sunny climes each year on holiday to ensure their dose of

CPPd

Sunbed compliance

Words. Gill Perkins Images. iStock

sunshine. For others, the choice to tan is satisfied by visits to a local facility offering a sunbed. This could be at a dedicated tanning salon, but also within a beauty salon, nail bar, hairdressers, gym, spa or health club.

Tanning, including sunbed use, must be undertaken responsibly as a number of contra-indications exist.

Through its Code of Practice, The Sunbed Association (TSA) requires its operator members to ensure consumers are screened by a member of trained staff before being allowed use of a sunbed. There are also equipment regulations and age restriction legislation in place to help protect consumers when it comes to indoor tanning.

However, within the UK, there is disparity in legislation between the home nations. For example, legislation in Scotland, Wales and Northern Ireland prohibits unsupervised commercial sunbed use – that is, unstaffed salons – but this law does not apply in England. TSA is keen to see England brought into line with the rest of the UK on this matter and does not allow unstaffed salons or homehirers in membership.

Alongside customer screening, all operators of UV tanning equipment have a duty to comply with legal requirements and a duty of care towards the public to

October 2017

41

CPPd

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toP tiPS for gaining 0.3 CoMPlianCe 1. Protect yourself: ensure you have the right personal protective equipment for measurement inspections, and document your own health and safety risk assessment 2. Set modest visit targets at the outset of your campaign until you are familiar with testing protocols and are accustomed to the heat and confined working conditions 3. Link up with environmental health officer colleagues to gain intel on local salons and consider possible joint visits 4. Enlist the support (and funding) of local public health colleagues 5. Incorporate cosmetic product checks – for example, tanning accelerants/moisturisers – being carried out in salons 6. If you haven’t tackled this work before, send out pre-visit information to salons reminding business operators of the law and their obligations, and making it clear what they can expect from you 7. Adopt the Product Safety Forum of Europe (Prosafe) approach to gaining compliance: Inform – Convince – Enforce 8. Search on the Knowledge Hub for Checklist – Practical Sunbed Inspections for detailed guidance on test protocols for EN 60335-2-27: 2013

42

ensure the equipment and service they supply and operate is safe and does not present any risk, or only the minimum risk, to consumers.

The safety framework that covers sunbed services in the UK includes The Electrical Equipment (Safety) Regulations 1994 (EESRs) – which implements the Low Voltage Directive – and The General Product Safety Regulations 2005 (GPSRs).

The scope of the EESRs covers UV tanning equipment being traded new, second-hand or hired.

In 2007, the EU published a Declaration that the maximum irradiance level for UV tanning equipment should be 0.3W/m² and that any UV tanning equipment

9. Continued non-compliance after initial advice is best dealt with by using safety notices. For example, a Suspension Notice issued under regulation 11 of General Product Safety Regulations 2005, breach of which constitutes a criminal offence

exceeding this level would be deemed unsafe. Both the

To use Essex County Council’s sunbed animation, search for ‘Trading standards sunbed warning video’ on YouTube. To rebrand the video with your authority’s logo, email richard.knight@essex.gov. uk A modest fee will be payable to the production company.

output and instructions for use. This Standard was revised

by richard knight, specialist trading standards officer at essex County Council.

from immediate shutdown of the failing sunbed(s)

EESRs and the GPSRs accept compliance with European Standards as a presumption of conformity with the Regulations and BS EN 60335-2-27 governs the manufacture of UV tanning equipment with regard to construction, electrical safety, mechanical strength, UV as a result of the Declaration and the maximum irradiance level of 0.3W/m² came into force on 1 April 2009.

Since that time, a number of local authorities in the UK have undertaken compliance testing and enforcement of what is colloquially referred to as ‘0.3’. Where compliance has not been met, intervention has ranged

October 2017

SPonSored sponsored bY by

through to agreeing a scheduled plan of compliance.

CPPd

There are many examples around the UK where successful testing programmes have significant improvements, from as little as 20 per cent compliance before testing, to 100 per cent compliance post-testing.

A sunbed with a compliant UV output significantly reduces the risk of burning – and it is over-exposure to UV light and burning, whether on a sunbed or in sunlight, that must be avoided to ensure any associated health risks are minimised.

Alongside consumer safety is the issue of trading on a level playing field. A compliant session can take up to twice as long as a non-compliant session to achieve the same UV dose. This immediately puts a compliant operator at a trading disadvantage, as the consumer will generally seek the ‘quickest’ and – as sessions are generally sold by the minute – cheaper route to achieving their tan.

Similarly, there are concerns that unstaffed facilities find themselves at a trading advantage over staffed salons, not only because indoor tanning is an agerestricted service. The provision of a sunbed service to best practice requires staff to be present at all times to screen and advise customers appropriately, as well as the ability to deal immediately with any concerns or issues that may occur during a tanning session.

Interestingly, one of the most common requests received at TSA from trading standards officers (TSOs) is for a list of sunbed lamps that are 0.3W/m² compliant.

There is no such thing as a 0.3 compliant lamp. It is a combination of the sunbed – including ballasts, embedded software, number and configuration of lamps, together with a particular lamp – that will deliver a compliant session. That same lamp in a different sunbed may not deliver a compliant session. The lamps may have

PROMOTING BEST PRACTICE IN SUNBED OPERATION THROUGHOUT THE UK AND IRELAND

a 0.3 etching on them, but this is a marketing initiative and not a guarantee that the output with that particular sunbed will be compliant. As such, it is our advice to members that they secure written confirmation from their lamp supplier that a compliant session will be delivered when used in the sunbeds in their facility.

Over the past few years, 0.3 compliance testing initiatives appear to have slowed down considerably and

W: sunbedassociation.org.uk

there are many authorities where there does not appear to

T: 020 8398 3111

be any records of 0.3 compliance testing ever having taken

E: info@sunbedassociation.org.uk

place. With a lack of any national guidance on compliance testing for 0.3, together with recognised fiscal and human resource pressures on TSOs, TSA has put together a

October 2017

43

SPonSored bY

CPPd

oCtober 2017

support programme accessible for TSOs and environmental health officers (EHOs), who may also be undertaking ageverification test purchases for sunbed use.

Training workshops To date, training workshops have been presented by specialist trading standards officer Richard Knight, from Essex County Council, together with Marijn Colijn, the project leader of the former EU Prosafe/Joint Action for Sunbeds (JAS) programme. The content covers the following areas: • Legislative basis • Harmonised standard • Health and safety considerations • Personal protective equipment • Measuring equipment • Approach to inspections • Testing guidelines/checklist • Gaining compliance • The public health agenda • Useful references Another workshop is planned for the first quarter of 2018 in Birmingham. To register your interest, email gillperkins@sunbedassociation.org.uk Access to a local TSA-member salon can be organised for onsite officer training before inspection visits, and a free loan of a handheld Solarmeter is available to take the UV emission readings.

There are also leaflets available about 0.3 tanning for operators and consumers, and information, advice and

Module 12: Sunbed CoMPlianCe Boost your personal and professional development by completing this short questionnaire – worth one hour of CPPD. Answer the questions listed below at www.tradingstandards.uk/cppdtest

1. What is the British Standard that governs the UV output of a sunbed?

2. When did this Standard come into force?

3. What is the maximum UV output level of a compliant sunbed session?

4. Can a sunbed lamp/tube on its own deliver a compliant session?

5. What factors will determine the compliant output of a sunbed?

6. What is the primary aim of a compliant sunbed session?

7. Does the Standard apply to just new sunbeds in service?

8. What is the Prosafe approach to gaining compliance?

support from the TSA team. applicants who complete the module successfully will be given a certificate. the test must be taken by 22 december 2017.

gill Perkins of the Sunbed association.

the Sunbed association is a not-for-profit membership organisation set up in 1995 to promote self-regulation and best practice in the business of indoor tanning equipment. Members represent operators, manufacturers, suppliers and distributors in the uk and ireland’s indoor tanning industry Members are required to comply with its Code of Practice. this requires staff to: be trained and on site during all open hours; screen all customers and refuse use to anyone with particular medical conditions; and be compliant with all applicable regulations and laws. inside, the salon should be clean; equipment should be properly maintained; appropriate information for customers should be properly maintained; protective eyewear should be available; and customer records maintained.

44

Module 11 answers (July 2017): 1. 20 May 2016; 2. 2ml; 3. Nicotine Additive; 4. 10ml; 5. 20mg/ml; 6. MHRA; 7. No; 8. Yes

0.3 W/m

2

TRAINING DAY FOR SUNBED COMPLIANCE TESTING The Sunbed Association will be hosting a training day for TSOs and EHOs on sunbed emission level compliance testing in the first quarter of 2018.

To register your interest in attending and to receive further information please email gillperkins@sunbedassociation.org.uk W: sunbedassociation.org.uk T: 020 8398 3111 E: info@sunbedassociation.org.uk The Sunbed Association is a not-for-profit organisation representing operators, manufacturers and distributors in the UK and Ireland’s indoor tanning industry. Our Members operate to our strict Code of Practice.

Words. Carolina Bracken and Andrew Johnson Images. iStock

treAd CAreFULLY the online shopper leaves a detailed footprint that – in some cases – can make

from the bar

them the victim of price discrimination Store loyalty cards have long been used to build up

satisfaction among its customer base. The consumer

consumer profiles, tracking a person’s spending history,

receives information about goods in which they have

with a view to advertising to them items that fit their

an interest, leading to a more efficient and relevant

previous buying pattern. Cards, however, have inherent

shopping experience.

limits. They are dependent on a shopper presenting their card, and they only track purchases that are concluded.

However, consumers are increasingly choosing to

shoppers will not realise information about them

shop online, rather than on the high street. Almost

is being collected, let alone the

90 per cent of UK consumers have made a purchase

economic consequences of how

online within the past 12 months, and online sales

that information will be used.

increased by more than 20 per cent in 2016.

And while someone may be

1

An e-consumer leaves a much more detailed

content for a retailer to gather

shopping footprint. Not only can retailers track what

information about them

someone has purchased without the need for loyalty

with a view to offering

cards, they can also see the items the consumer has

them discounts or offers,

searched for, in a way they could not do in a shop

it would be naive to

aisle. This method of collecting information is also far

assume that all retailers

cheaper for retailers than implementing costly market

will have only good

research exercises.

intentions.

It has many advantages for both the shopper and

46

However, this new access to a consumer’s thoughts and behaviours also gives rise to concerns. Often,

One concern

the retailer. The more detailed picture of the individual

is that, armed

consumer enables the retailer to advertise specific

with a greater

items in a targeted way, and encourage loyalty and

level of

October 2017

ofTen consumers will noT realise ThaT informaTion aBouT Them is Being collecTed, leT alone The economic conseQuences of how ThaT informaTion will Be used

price of the item/service depending on the particular attributes of the consumer.

from the bar

More commonly, the seller will fix the

For example, the price of the item/service may change depending on the time of the purchase: the price of a flight will fluctuate according to demand and availability, and when the booking is made. This is ‘dynamic pricing’. Similarly, a retailer may offer the same item/service to different groups of consumers based on a particular characteristic: young people and

insight, traders might use a customer profile to

senior people can purchase a railcard for discounted

advertise an item or service to an interested consumer

fares; students may be entitled to store discounts. This is

at an artificially inflated price, preying on their

‘targeted discounting’.

‘disclosed’ interest in that product.

What is price discrimination?

Many consumers are familiar with those types of price discrimination. Less transparent price discrimination is more problematic. Take an example

‘Price discrimination’ means offering the same item/

of consumer ‘A’, who wants to purchase a pushchair.

service to different consumers at different prices. In its

The consumer searches for ‘pushchair easy steer’ on a

simplest form, the seller will charge each customer the maximum price that person is willing to pay.

October 2017

47

from the bar

iT is an offence for a Trader To engage in a misleading acTion search engine. Through that, they then select five links to different retailers. The consumer browses the range of pushchairs available through each retailer. Each time they click another link to view a different pushchair, the

Unfair Trading

consumer leaves a virtual footprint that shows they have

Regulations

visited that page.

2008 (CPUTRs).

The retailer PushChair4U advertises online through

This is not surprising

this search engine, and through pop-up adverts on

given the many and varied

online retail websites. PushChair4U can trace the virtual

legitimate variations of price

footprint of the consumer, such that it knows that

discrimination.

the person is searching for pushchairs, and the type

However, representations about

and price of pushchairs in which the consumer has

the price of an item/service may be

demonstrated most interest.

misleading where personalised pricing

The consumer finds an easy-steer pushchair, model

has made that statement untrue. For example,

PC1, on PushChair4U. PC1 appears to that consumer to

if PushChair4U advertised the PC1 to Consumer

be priced at £1,500.

A as ‘the best price’, or ‘special offer’, that statement

Consumer A tells Consumer B about PC1. Consumer

would be untrue and therefore misleading. It is an unfair

B has not researched other pushchairs. Consumer B

commercial practice, and an offence, for a trader to

enters the website address for PushChair4U, and clicks

engage in a misleading action.

onto PC1 from the main menu. PC1 appears at £1,200.

The difference between Consumer B and Consumer A

It may also be a misleading action for a retailer to represent to Consumer A that £1,500 was the only price

is that Consumer B has left no virtual footprint that would

at which PC1 would be sold. This is particularly so where

disclose his preferred type of pushchair. PushChair4U has

there is limited opportunity for the consumer to discover

no information about the type of pushchair this consumer

that the item is being offered to different consumers at

wants. With Consumer A, however, PushChair4U was

different prices.

aware that other pushchairs the consumer had looked

Similarly, it may be a misleading omission for a

at were priced slightly in excess of £1,500. It was able to

retailer to fail to tell a consumer that information about

make its product appear competitive, while increasing its

them is being collected, and how that information is

profit margin.

being used. Many websites now have a ‘pop-up’ warning

Consumer A did not know that PushChair4U was

that the website collects cookies. However, it is still

collecting information about her preferences, and

possible for a website to collect cookies secretly, or not

inflated the price accordingly. She had no reason to think

make clear the purpose for which that information is

Consumer B would be able to purchase the product for

being collected.

any different price.

Offences?

48

Data protection and privacy regulations In addition to the offences under the CPUTRs, failure

Consumer Protection from Unfair

to disclose the collection of personal data may infringe

Trading Regulations

the Data Protection Act 1998 (the DPA). Under the DPA,

Price discrimination is not listed as an unfair commercial

all businesses must process personal data in a way that

practice in schedule 1 of the Consumer Protection from

is fair. That includes telling consumers that information

October 2017

Conclusion

the information, whether it will be shared, and if so

With internet shopping continuing to rise in popularity,

with whom. The DPA relates only to personal data. That

consumers need to be more aware of ways to identify

includes information about a person’s race, religion and/

unfair and misleading price discrimination. Traders

or sexual orientation.

need to consider that what they might think is a cleverly

The DPA regime is complemented by the Privacy and

implemented pricing strategy actually exposes them to

Electronic Communications (EC Directive) Regulations

criminal liability. And trading standards officers need

2003 (the Privacy Regulations). Under the Privacy

to identify those risks when advising both consumers

Regulations, an internet user must be told that a website

and businesses.

uses ‘cookies’, and must consent to their use. The Privacy

For consumers, the most effective method of

Regulations apply to all cookies, whether or not they

protection – and arguably the simplest – is to fight

collect personal data. However, they do not apply where

technology with technology. Modern browsers are

the use of cookies is essential for the purpose of the

capable of concealing a consumer’s identity; features

website. This will include where a consumer adds an

such as ‘private’ or ‘incognito’ mode can defeat the use

item to their online ‘shopping basket’. In that way, many

of cookies, and browsers are beginning to offer ‘Do not

retailers may lawfully evade the protection provided by

track’ modes to prevent further target tracking. These

the Privacy Regulations.

tools, when combined with searching for goods without

Anti-competitive agreements

from the bar

has been collected, what the retailer intends to do with

being logged into website user accounts, conceals from the retailer any knowledge of someone’s search history,

Where one retailer artificially increases the price of

and enables the consumer to see the price advertised

an item/service for a particular consumer based on

for the item/service on the face of the website, free from artificial inflation.

for consumers, The mosT effecTive meThod of proTecTion – and arguaBly The simplesT – is To fighT Technology wiTh Technology the information held about them, the consumer may be able to find that same item/service advertised at a lower (legitimate) price by another retailer. For that reason, it is conceivable that retailers might agree to operate the same inflationary pricing structure, and share information about consumers, so that the same consumers are offered the same prices.

Any such agreement would be likely to infringe the Competition Act 1998. Chapter one of that Act prohibits

References 1. Office of National Statistics, Retail Sales in great Britain 2017

agreements that do, or are intended to, prevent, restrict or distort competition, and which affect trade. Helpfully, an informal understanding will be caught in the same way as a formal agreement.

October 2017

Carolina bracken and andrew Johnson are barristers at 5 Paper buildings.

49

1 A sign suddenly appeared in a place where no sign had ever appeared before

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

downtime

2

I had been shopping for plants all day and was on my way home… when a hedge sprang up, obscuring my vision

Say what?! over your cuppa. Can you guess which ones were said or heard by trading standards officers in the course of their work?

3

I have got an NVQ in bricklaying… from the last time I was in prison

4

I was sure the old gentleman would never make it to the other side of the road when I struck him

5

The indirect cause of the incident was a little guy with a big mouth 50

Picture credits: Cover and pages 20-25: Kevin reed. Page 6: iStock.com / whitemay. Page 6: iStock.com / junce. Page 7: iStock.com / Ian_redding. Page 8: iStock.com / anyababii.

Page 11: iStock.com / LEOcrafts. Page 11: iStock.com / Pimpay. Page 11: iStock.com / Frankramspott. Page 12: Getty Images / Pool. Page 13: iStock.com / shank_ali. Page 14: Getty Images / Jack Taylor / Stringer. Page 16: Allstar Picture Library / Alamy Stock Photo. Page 19: iStock.com / MHJ. Page 26: iStock.com / traffic_analyzer. Page 28: Getty Images / Scott Olson. Page 33: iStock.com / shapecharge. Page 42: iStock.com / mammamaart. Page 46: iStock.com / funnybank. Page 47: iStock.com / Petar Chernaev. Page 50: iStock.com / jamesjoong. Page 50: iStock.com / asmakar.

Page 50: iStock.com / axllll. Page 50: iStock.com / GeorgePeters. Page 50: iStock.com /Sentavio. Page 50: iStock.com / A-Digit.

ANSWERS: 1, 2, 4 and 5: Taken from insurance claims where people try to summarise their accident in the fewest words. 3. Comment from a rogue trader who claimed he had a GNVQ in bricklaying – from prison, the last time he was in for a rogue trader offence. With thanks to Adrian Simpson for this story.

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