Agenda and minutes

The Chairman welcomed all Members and Officers to the first meeting of the Regulatory Committee to be held virtually. She acknowledged the meeting was being broadcast live and welcomed any members of the public who may have been watching.

Having welcomed all present, the Chairman expressed her sadness at the recent passing of Councillor Lewis Strange. After reading the following tribute to Councillor Strange, she requested for all to join in a moment of silence in his memory.

“Before I start this evening’s meeting, and because we held a minute’s silence at the start of the Licensing Committee, I would like to invite you to join me in a few moments of reflection for Councillor Lewis Strange who sadly passed away last Thursday.

Lewis was a long serving councillor of 21 years having first been elected in 1999. He also sat as a Lincolnshire County Councillor.

He was a hard working Member, with the interest of the residents of West Lindsey at heart, a true supporter of all things Lincolnshire a player and supporter especially of cricket, he had many stories to relate about the game.

His tremendous knowledge on many things was a great asset, and he was always there with words of wisdom should you need help with any problem you may have.

A true gentleman who will be greatly missed for his loyalty, honesty and dedication.”

The Chairman undertook the register of attendance for Members and each Councillor confirmed their attendance individually.

The Democratic Services Officer completed the register of attendance for Officers and, as with Members, each Officer confirmed their attendance individually.

Up to 15 minutes are allowed for public participation.  Participants are restricted to 3 minutes each.

The Democratic and Civic Officer confirmed there was no public participation for the meeting.

Held on 12 March 2020.

RESOLVED that the minutes of the meeting of the Regulatory Committee held on Thursday, 12 March 2020 be confirmed as an accurate record.

Members may make declarations of Interest at this point or may make them at any point in the meeting

There were no declarations of interest at this point in the meeting.

The Chairman invited the Housing and Enforcement Manager to comment on the matters arising. He explained that the query regarding dog waste bags was included in the FAQ section of the first report for consideration by Members. The Member of Committee confirmed he had seen and was satisfied with the response. The Housing and Enforcement Manager also confirmed that council officers did have the authority the scan stray dogs for a microchip however this was usually dealt with by the kennels. He explained to Members that officers were reviewing whether there was more to be done with regards to this.

With no further discussion, the matters arising schedule was noted.

The Housing and Enforcement Manager introduced a report regarding the results of the consultation in relation to the District Wide Dog Fouling Public Space Protection Order (PSPO) and explained that it was recommended that it be varied and extended for a further three years. He highlighted section four of the report to Members, which was a summary of the responses received. He added there had been a significantly higher number of responses and the majority had been in favour of amending and extending the existing order. Members were advised that there was additional signage being ordered to support the PSPO.

Members of the Committee thanked the Housing and Enforcement Manager for the detail of the report and praised him for the amount of responses his team had dealt with. Powers of enforcement were enquired about and it was explained that council officers targeted areas which were subject to complaints from the public but they also worked closely with Parish Councils and local communities for local level intervention.

With no further discussion, the paper was moved, seconded and voted upon. It was unanimously

            RESOLVED that

a)    the results of the consultation in relation to the proposed extension and variation of the PSPO be noted; and

b)     the Dog Fouling PSPO be extended for a three year period from 5 June 2020; and

c)    the Dog Fouling PSPO be varied to include a requirement to produce a device or other suitable means of removing dog faeces and transporting it to a bin (whether or not the dog has defecated).

The second report of the night was introduced by the Housing and Enforcement Manager. He explained the purpose of the report was to seek consent to discharge the Public Space Protection Order currently in place at Trinity Arts Centre in Gainsborough. He highlighted to Members that the Council had had in place a Public Space Protection Order (PSPO) at the Trinity Arts Centre since 2017. This PSPO was due to end on 24 July 2020. During this time, the Council had received no reports from the public in regards to breaches of the PSPO. Council Officers had provided advice to persons on the land on one occasion and the Police had received three alcohol reports in 2017 and two in 2018. As a result of this, it was not felt, at this stage, that the criteria was satisfied in regards to extending the PSPO. The issue did not appear to be persistent and continuing nor did it appear reasonable given the volume of complaints that had been received. It was highlighted to Members that there would be a consultation period and it was requested that the decision to discharge the PSPO be delegated to the Chief Executive, in consultation with the Committee Chairman, subject to the results of the consultation.

There was significant discussion amongst Members voicing concerns that the reason there had been no complaints was because the PSPO was in place. There was consternation that the removal of the Order would lead to a resurgence of problematic behaviour around the area of the Trinity Arts Centre. The Housing and Enforcement Manager was clear that the regulations governing PSPOs did not allow for potential problems, rather they had to focus on the evidence of existing and continuing issues. As this was not the case, it was not recommended for the PSPO to be extended. He assured Members that should there be such problems after the expiration of the PSPO, there would be the option to reinstate a PSPO for the area. He also advised that there were alternative district-wide PSPOs which could be drawn upon to address difficulties which may arise.

Members of the Committee understood that the PSPO could not be in place in perpetuity and as the end of the three year time limit was approaching, it would be necessary to review the situation in due course.

Having been moved, seconded and voted upon, it was

            RESOLVED that

a)    the Council consult upon the discharge of the PSPO at Trinity Arts Centre; and

b)    subject to the results of the consultation, the decision on discharging the PSPO be delegated to the Chief Executive in conjunction with the Chairman of the Regulatory Committee.

The Housing and Enforcement Manager introduced the final report of the evening, the purpose of which was to seek approval for the Food, Health and Safety Work Plan 20/21. He explained that the Council was required to produce and approve a work plan that was in line with the Food Standards Agency Framework Agreement and the Statement of Commitment agreed nationally between Local Authority Representatives and the Health and Safety Executive. The plan covered all work undertaken within the Housing and Environmental Enforcement work area relating to Food and Health and Safety. The purpose of the work plan was to set out how the Council delivered its official controls and fulfils its duties under food, health and safety, public health and drinking water legislation.

It was explained to Members that, as a result of the global pandemic, the Food Standards Agency had suspended all routine food safety inspections but the Enforcement Team still reserved the right to inspect a premises should there be any complaint received. He also added that several of the inspectors were involved in frontline work relating to covid-19. A Member of Committee enquired whether there had been any reports of food places breaking the law and it was confirmed that there had been reports of places operating outside of the lockdown regulations but there had been no complaints about food places.

Members of the Committee thanked the Manager and his team for their work and it was unanimously

            RESOLVED that

a)    the progress made within the Food and Health and Safety work area during 2019/2020 be noted; and

b)    the Work Plan for 2020/21 be approved.