Issue - meetings

To consider the report of the Head of Environmental Health Services.

Scrutiny Committee – Community considered the report at their meeting on 5 June 2007 and their comments will be reported.

In view of the size of the documents, the full Plan and Policy are is not attached to the agenda but can be viewed on the Council’s website at www.exeter.gov.uk/supportingdocuments  .If you wish to view a paper copy, please contact Member Services.

(Report circulated)

The report of the Head of Environmental Health Services was submitted seeking approval to the Health and Safety Service Plan and a change in emphasis in the Council’s approach to health and safety regulation.  The report also sought approval of the policy to enforce the provisions of the Health Act 2006 in relation to smoke-free areas and to make appropriate delegations to officers.

Scrutiny Committee – Community considered the report at their meeting on 5 June 2007 and the support and comments of members were noted.

RECOMMENDED that:-  

(1)        the Health and Safety Service Plan 2007/08 be adopted;

(2)        the draft Smoke-free Enforcement Policy be adopted, subject to any necessary minor amendments;

(3)        the Scheme of Delegation be amended to delegate authority to the Head of Environmental Health Services to authorise appropriate officers under the provisions of Chapter 1 of the Health Act 2006 and the Smoke-free Enforcement Policy; and

(4)        the Head of Environmental Health Services be authorised to approve any subsequent revisions or amendments to the Smoke-free Enforcement Policy in light of Government guidance and operational needs.

(Report circulated)

To consider the report of the Head of Environmental Health Services – report circulated. 

The Head of Environmental Health Services reported that under the Health and Safety at Work etc. Act 1974, the Council had a duty to ensure it made adequate provision for health and safety regulation in its area.  The Health and Safety Commission (HSC) also required the Council to produce a Health and Safety Service Plan detailing the Council’s programme for regulatory responsibilities in its area.  The report sought approval of the plan for 2007/08 and support for the change of emphasis in the Council’s approach to health and safety regulation following on from its signed agreement of the Statement of Intent for partnership working with the Health and Safety Executive (HSE) in October 2005.

The report also sought support and approval of a policy to enforce the provisions of the Health Act 2006 in relation to smoke-free areas.

With regard to the forthcoming smoking ban in enclosed spaces and workplaces, officers were aware of the potential for noise nuisance from customers who step outside licensed premises for a smoking break. Although information and guidance had been given to licencees to reduce this problem any complaints would be investigated and dealt with by statutory nuisance or licensing conditions as appropriate. Some licencees were considering the provision of smokers’ shelters in beer gardens, etc. and these should be positioned at least 1.5 metres away from the main building (so as not to be deemed enclosed public spaces). Most licence conditions would not prevent someone leaving a licensed premises where there was no shelter and returning after smoking.

Officers were also aware of the potential increase in smoking-related litter on the streets. The Council currently provided dedicated cigarette bins and “stub-out” panels on many litter bins. Premises could provide their own bins, but smokers also needed to be encouraged to take responsibility for their habit and ensure they dispose of their litter appropriately - the take-up of cheap portable personal ash-trays would assist.

Scrutiny Committee - Community supported the report and requested Executive to:-

(1)               adopt the Health and Safety Service Plan 2007/08;

(2)               adopt the draft Smoke-Free Enforcement Policy, subject to any necessary minor amendments;

(3)               amend the Scheme of Delegations for the Head of Environmental Health Services and appropriate officers to be authorised to act under the provisions of Chapter 1 of the Health Act 2006 and the Smoke-Free Enforcement Policy; and

(4)               authorise the Head of Environmental Health Services to approve any subsequent revision or amendments to the Smoke-Free Enforcement Policy in light of Government guidance and operational needs.

(Report circulated)