High Standard - Newcastle City Council

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Standard
Team News
Issue 9 ‐ Spring/Summer 2016
As part of our continued commitment to the implementation of the Smoke Free Newcastle
plan, Trading Standards has been very busy recently.
Consumers and legitimate businesses continue to help to keep illegal tobacco out of their streets
following the implementation of the latest phase of an already successful campaign to reduce the
size of the market in illegal tobacco across local communities.
Earlier phases of the campaign showed how keen the public are to report information around
sales of illegal tobacco, especially to children. The 'Keep it Out' campaign is encouraging more
people to contact Trading Standards if they know of any kind of illegal tobacco is being sold;
whether from 'tab houses', on the streets, at work or in local pubs and shops.
'Keep it Out' is the campaign from the 'North of England tackling Illicit Tobacco for Better Health'
programme which FRESH has led in the North East of England since 2009 and working with
HMRC, the three regional Police Services, Trading Standards services and Public Health. The
already successful programme aims to reduce the demand and supply of illegal tobacco and
increase enforcement against those who sell it by reporting sales to Trading Standards.
1
Welcome to issue 9 of the High Standard newsletter produced by the City Council’s
Trading Standards and Food Safety services.
In this issue you can find out about how the Trading Standards Service has effectively
responded to the illegal supply of illicit tobacco products.
We continue to be proud of the work we do around consumer safety in order to make sure
that all consumers are safe and protected. Officers continue to actively promote our work
through Child Safety Week in June of each year, and have also carried out work to protect
consumers from unsafe hoverboards and furniture.
The continuing development of No Cold Calling Zones, designed to protect our residents
from the problems of doorstep crime is a positive step in protecting all consumers. There
are now some 64 zones implemented across Newcastle, covering some 31,078 homes.
In this newsletter you can also find out how the services continue to respond to issues of
concern, including food safety, the safety of consumer products, and the illegal sale of
puppy dogs.
Councillor Nick Kemp,
Neighbourhoods and Regulatory Services
In this issue...
Illegal tobacco
1
In this issue...
2
Illegal tobacco continued
3
No cold calling zones
4
Shisha cafes
5
Single use carrier bags
6
Animal health
7
Animal health continued
8
Furniture fire safety
9
Hoverboards
10
Hoverboards continued
11
Food safety ratings
12
Child safety week
13
Standardised packaging
13
Age restricted sales
14
Legal proceedings
15
Illegal money lending
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For more information on how to contact Trading Standards
www.newcastle.gov.uk/tradingstandards
[email protected]
Animal health 0191 211 6121
Citizens Advice Consumer Service 0345 040 506
Consumers can now report crime online at www.newcastle.gov.uk/tradingstandards
If you need this information in another format, please phone
Trading Standards on 0191 211 6121.
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Illegal tobacco
Since its launch in 2009 the North East has had
success in reducing the volume of illegal tobacco
bought by 39%, and the number of smokers buying
illegal tobacco has fallen by 10%.
This is estimated to have saved around £36 million duty
and tax. The overall national market has shown a
massive decline by half in the last decade thanks to
major national and international action.
During 2015, as part of our commitment to tackling the
sale of illegal tobacco in certain business premises, we
conducted a number of operations with the assistance of
tobacco dog teams. These operations were funded from
our Director of Public Health, Professor Milne and also
directly by the Department of Health.
7 August 2015, visits were conducted on five retail
premises across the city. In two of the premises visited
some 300 cigarettes, 25 pouches of tobacco and 30
packets of niche tobacco were found and seized.
12 August 2015, with the assistance of a tobacco sniffer
dog team, visits were conducted on four retail premises
across the city. In two of the premises visited some 5240
illegal cigarettes were found and seized.
8 September 2015, a follow up visit was conducted on
one of the premises previously visited and some 17640
illegal cigarettes and 4000g of hand rolling tobacco were
found and seized by officers.
15 September 2015, a further visit was conducted on
one of the premises previously visited and some 1760
illegal cigarettes and 500g of hand rolling tobacco were
found and seized by officers.
1 and 2 December 2015, with the assistance of a
tobacco sniffer dog team, visits were conducted on 10
retail premises across the city. In five of the premises
visited some 30000 illegal cigarettes and 400 bottles of
alleged non-duty paid alcohol were found and seized by
officers.
11 December 2015 and the 5 January 2016, in follow up
operations some 8800 illegal cigarettes were found and
seized from three retail premises across Newcastle.
We would welcome any further intelligence from anyone
who suspects a neighbour or a local business is dealing
in illegal tobacco. Reports can be made through on
[email protected] or 0191 211 6121.
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No cold calling zones
No Cold Calling Zones aim to decrease doorstep crime incidents by specifying a Zone in
which doorstep callers are not welcome.
Zones are usually defined by window stickers placed in the doors or windows of homes within the
Zone area. Zones range in size in Newcastle to those containing flats within a residential care home
through to thousands of homes in a residential estate. They are set up either in response to incidents,
local intelligence, or on request - but all follow a comprehensive consultation process.
Zones should meet the three criteria before they can be set up:
 a history of doorstep crime or distraction burglary  a vulnerable population  a defined geographical area The No Cold Calling Zone is an area in which residents have stated they do not wish to receive
unsolicited visits to their homes (cold calls) from businesses. The zones are set up by the City
Council's Trading Standards Service working in partnership with Northumbria Police and Safe
Newcastle.
The main aim of the zones is to reduce the number of unwanted and uninvited callers to households
soliciting services or goods, which in turn reduces the number of criminal or civil law offences
committed against Newcastle residents.
There are currently some 64 No Cold Calling Zones implemented in Newcastle across some 20
wards. These zones now cover some 31,078 households in the city The Trading Standards Service is now looking towards the implementation of some further No Cold
Calling Zones (NCCZ). If anyone has a wish to see a NCCZ in their residential area in Newcastle
please contact the Service on 0191 211 6121 or email [email protected].
For full details relating to the zones, including maps outlining the extent of the zones, please
visit our website at www.newcastle.gov.uk/tradingstandards.
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Shisha cafes
Colleagues across Regulatory Services have recently dealt with a growing trend, which is
causing the City Council a great deal of concern.
Businesses whether providing facilities for smoking as a main part of their business (e.g. shisha café),
or providing facilities for smoking that’s incidental to the business (e.g. pub’s smoking shelter), must
comply with The Health Act 2006 and The Smoke-free (Premises and Enforcement) Regulations
2006.
Where smoking is a main activity, the objective is often to provide a comfy, warm place where people
can stay for extended periods of time. This contrasts with the regulations which require enclosed or
substantially enclosed premises to be smoke-free.
Businesses importing and/or supplying tobacco products, including Shisha, also face other legislative
requirements.
Before entering into binding contracts to rent or purchase premises or spending money modifying a
premise check that your ideas can comply with all relevant legislation.
Compliance with any of the other considerations does not automatically earn compliance with
another. For example having planning permission does not mean that the structure is compliant with
smoke-free law.
What are 'enclosed premises'?
Premises will be considered to be “enclosed” if they have a ceiling or roof, and except for doors,
windows or passage ways are wholly enclosed, whether on a permanent or temporary basis.
Officers with the assistance of officers from partner agencies, including Northumbria Police have
recently targeted a small group of premises to ensure full compliance with the Health Act 2006.
For further information please visit https://www.newcastle.gov.uk/environment-and-waste/
environmental-health-and-pest-control/smoke-free-newcastle/shisha-cafes-and-lounges
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Single use carrier bags
The Trading Standards service is now
responsible for the enforcement of the Single
Use Carrier Bags Charges (England) Order
2015 which now requires large shops in
England to charge 5p for all single-use plastic
carrier bags.
The scheme aims to reduce the use of single-use
plastic carrier bags, and the litter associated with
them, by encouraging people to re-use bags.
In 2014 over 7.6 billion single-use plastic bags
were given to consumers by major supermarkets
in England. That is estimated at 140 bags per
person, equivalent to 61,000 tonnes in total.
They take longer than other bags to degrade in
the environment, can cause damage to wildlife,
and are extremely visible when littered in our
towns, parks and the countryside.
1. Which shops charge for bags?
Large businesses need to charge for single-use
carrier bags. This applies to retailers who have
250 or more employees.
2. Bag for life ?
As a consumer, you can avoid being charged by
bringing your own bags or containers when
shopping.
3. When consumers are not charged for a bag?
There are some limited cases when consumers
are not charged for a bag:

paper bags

shops in airports, or on board trains,
aeroplanes or ships

bags only containing certain items, such as
unwrapped food, raw meat and fish where
there is a food safety risk, prescription
medicines, uncovered blades, seeds, bulbs
and flowers, or live fish
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Animal health
© edogadvisor.co.uk
Do not buy a cat or dog from unknown sources. It’s important that you know where it comes
from and where it was born. Be particularly careful when buying dogs or cats advertised on
the internet or through local media such as a newspaper.
Illegally imported dogs and cats may not only carry diseases such as rabies but may also be
advertised in a way that misleads the buyer regarding the animal’s history, breed or pedigree.
Guidelines to follow when buying a cat or dog
Consumers can play a part in fighting the illegal trade in pet animals by following some simple
guidelines. If you are planning to buy a cat or dog:

Buy your animal from a reputable supplier. Advice on buying a dog or cat is available from a range
of animal organisations, such as the Dog Advisory Council, Kennel Club and the Dogs trust and
the RSPCA. 
Check the animal’s history by speaking to a previous owner. If you are buying a puppy or kitten,
you should ask to see it with its mother and the rest of the litter. 
View the animal and its documentation before you buy. If it was born outside the UK it must have
either a pet passport or a veterinary certificate. The pet passport needs to confirm that it was
vaccinated against rabies at the correct age, according to the manufacturer’s data sheet (normally
at three months of age). For dogs, the passport should also show that it has been treated for
tapeworm. 
If you have any doubts about an animal speak to your vet before agreeing to buy it.
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Animal health
Buying a puppy
DEFRA encourages those interested in buying a puppy to read through the Puppy Information Pack
by the RSPCA and Animal Welfare Foundation and to use the puppy contract to help you get as
much information about your new pet as possible. It is a commitment between both you and the seller
that you have the welfare of the puppy as a priority. This will help you have a healthy puppy that will
be a companion for many years.
Some important tips to remember when buying a puppy:
 Always see the puppy with its mother  Always, if possible, see the puppy in its natural environment  Never buy a puppy younger than eight weeks old Trade in illegally imported cats and dogs
We know that some people are buying and selling dogs and cats that have been imported illegally
from abroad. This trade puts the health of the animals, and the general public, at risk from diseases
including rabies.
The UK has been free from rabies for many years. However rabies is still present in many countries
across the world. This is why the UK has importation controls for pet animals. These controls are
designed to stop rabies and other exotic diseases from being introduced into the UK.
All dogs and cats must be microchipped and vaccinated against rabies before entering the UK.
Vaccines are not effective in very young animals. Different manufacturers produce vaccines that need
to be given at slightly different ages. The minimum age will be prescribed in the vaccine
manufacturer’s data sheet but is normally three months. In addition all dogs must be treated for
tapeworm.
If your new pet is found to be illegally imported and non-compliant with disease control rules, then you
may find yourself having to pay for costly quarantine and veterinary bills. If you are unable to meet
these costs, this may leave the local authority with no option other than to put down the animal.
The Trading Standards service may conduct an investigation into potential criminal offences
and you could become a vital witness in any further enforcement action.
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Furniture fire safety
People may well remember the events of the 8 May 1979 at the Woolworth’s store opposite
Piccadilly Gardens in the centre of Manchester. Fire Crews arrived to find smoke billowing
from the six storey building and people calling for help from the windows. It is thought there
were around 500 customers and staff inside the store at the time.
Firefighters fought for two-and-a-half hours to bring the fire under control, helping people out of the
building via doors, windows and the roof. 10 people lost their lives, 47 were taken to hospital for
treatment, and six fire officers were injured.
After the investigation into the cause of the fire found the foam used to fill the budget furniture was to
blame for the smoke, Fire Officer Bob Graham from the Manchester Metropolitan Fire Brigade
decided something had to be done to ensure that such a tragedy could not happen again.
Bob Graham had led the investigation and after it, he joined with other campaigners, including the
other Fire Brigades, to persuade the government to change the law and oblige furniture makers to
use flame-resistant foam. In 1988, The Furniture and Furnishings (Fire) (Safety) Regulations came
into effect, forcing manufacturers to make furniture fillings and covers from safer materials.
The Furniture and Furnishings (Fire) (Safety) Regulations 1988 impose requirements in relation to
new domestic furniture, including garden furniture which may be used indoors and furniture for use in
caravans, subject to exceptions from some of the Regulations for certain furniture. Some of the
requirements apply to second-hand furniture. The Regulations do not apply to goods for export or to
the supply of goods made before 1 January 1950 or to the supply of materials intended for
re-upholstering furniture made before that date.
As part of a national furniture project the City Council’s Trading Standards service recently completed
a safety project which concentrated on the discount furniture market within the city. One of these
items of furniture purchased from a premises in the west end of the city failed to meet the safety
standards.
An investigation was conducted and on the 17 November 2015 at Newcastle Magistrates Court
the company was £2000 and ordered to pay costs of £1375.
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Hoverboards
Hover boards, mini Segways, or self-balancing boards are the current 'must have' item and
were at the top of many children’s (and adults) Christmas lists. But their recent rise in
popularity has highlighted the importance of electrical safety, with incidents involving
hoverboards making headlines across the country.
Statistics
 An estimated 500,000 consumers bought a hoverboard for someone this Christmas
 35% of people say that they would only spend a maximum of £200 on a hoverboard
 Hover boards are illegal to ride on both pavements and roads in the UK as they are deemed too
unsafe for the road and too dangerous for the pavement
 Despite their name, hoverboards do not actually hover - they balance on two wheels.
Advice to Consumers
To the estimated 500,000 consumers who purchased a hover board various organisations and bodies
including Electrical Safety First have issued guidance which provided checklists for consumers
intending to and having purchased hover boards to stay safe. Consumers were advised, after
checking a list, that if they are not sure that their intended purchase was safe, they shouldn’t buy it.
Visual signs that the hover board may not be safe
 Non-compliant plugs such as a ‘cloverleaf’ plug with no fuse, or a non-approved fake plug with
incorrect markings
 Counterfeit fuses, either the BSI approval kite mark may be back-to-front, or fictitious approval
bodies such as ‘STGD’
 No branding or manufacturers details on packaging or product
 Misspellings on the packaging, product, or instructions
 Charger with no manufacturer details
 No CE marking, a non-compliant CE marking, or very poor CE marking
Other safety points to consider
Price isn’t a factor. For hover boards, price is not an indicator of a safe product. In this brand new
category, even the more expensive brands on offer remain unproven in terms of safety and quality.
Consumers are reminded to remain on the alert for faults even if they have paid a generous sum.
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Hoverboards
Choose a reputable retailer
 Consumers are advised that they only purchase from a reputable retailer that they know and trust,
that way if something goes wrong they can contact the retailer or manufacturer to deal with any
problems.
 Consumers should not purchase through unknown sellers on online marketplaces, social media or
from a market stall.
 They should check the plug. As a minimum, consumers should check that the three pin plug on
the device states it is made to BS 1363 and that there is a fuse fitted inside the plug. If it doesn’t,
they shouldn’t buy the product. With no fuse, there is potential for overheating, explosion and fire
risk.
 Consumers should check the input voltage range of the charger includes 230/240V, 50Hz (the
UKs nominal voltage) and that the hoverboard is fitted with a three-pin UK plug or charger.
 They should look out for poor quality construction and finish, misspelt brands or product names, or
instructions with poor English translations.
 The packaging should also be of good quality – avoid plain cardboard boxes not marked with a
manufacturers name or trademark, and always check for contact details on the packaging or
instructions.
 They should check that the instructions are for the product in the box. This ensures traceability.
Consumers should check for details of manufacturer and contact details, if these are not present
your product is likely to be substandard.
 Faulty hoverboards will also often be missing warranty cards, instructions and other associated
literature.
 Consumers should never leave the device charging unattended, especially overnight. There have
been a number of incidents in which they have overheated and exploded while charging due to a
faulty cut off switch or plug without a fuse.
 If there are no instructions on how to charge the hoverboard safely, consumers are advised not to
buy it.
Response from Trading Standards
The National Trading Standards Ports and Border Points project, working at border points such as
Felixstowe and Coventry Airport. From the 15 October 2015 to the 11 January 2016, 48,878
hoverboards were intercepted and assessed at the border of which 43,722 (89%) were assessed as
unsafe.
Of those all bar 862 were intercepted by local Trading Standards authorities supported by National
Trading Standards, operating at the border points. 400 of the remaining 862 were found at Glasgow
airport and the other 462 by Solihull Trading Standards at Birmingham Airport. Newcastle City Council
dealt with some 500 alleged unsafe hoverboards and imported by a local business.
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Food safety ratings
The Food Hygiene Rating Scheme (FHRS) helps consumers choose where to eat out or shop
for food by telling you how seriously the business takes their food hygiene standards.
The scheme is run by local authorities in England, Northern Ireland and Wales and applies to
restaurants, pubs, cafes, takeaways, hotels, supermarkets and other food shops.
Each business in Newcastle is given their hygiene rating when it is inspected by a food safety officer
from the City Council. The food safety officer inspecting the business checks how well the business is
meeting the law by looking at:


how hygienically the food is handled – how it is prepared, cooked, re-heated, cooled and stored the condition of the structure of the buildings – the cleanliness, layout, lighting, ventilation and
other facilities  how the business manages and records what it does to make sure food is safe At the end of the inspection, the business is given one of the six ratings from 0-5. The top rating of ‘5’
means that the business was found to have ‘very good’ hygiene standards. Any business should be
able to reach this top rating.
How to check the rating of a food business?
Whether you're eating out or ordering in, you can check the food hygiene rating of the food outlet by:
 looking for the green and black sticker in the window  checking online at www.food.gov.uk/ratings
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Child safety week 2016
In partnership with the Child Accident Prevention Tust (CAPT) and local public health
colleagues the Trading Standards service will be supporting Child Safety Week in June 2016.
(6-12 June 2016).
Child Safety Week is an annual campaign by the CAPT in order to raise awareness of the risks of
child accidents and how they can be prevented. The CAPT provide a range of resources to help
practitioners run local activities and events and promote safety messages in a fun and engaging
way.
For further information about Child Safety Week 2016 and the planned events please visit
www.capt.org.uk
Cllr Nick Kemp, Cabinet Member for Neighbourhoods and Regulatory Services
Standardised packaging
The standardised packaging of tobacco
products is generally taken to mean the
removal of all attractive promotional
aspects. Except for the brand name (which
would be presented in a standardised way), all
other trademarks, logos, colour schemes and
graphics would be prohibited. The tobacco
package itself would be required to be plain
coloured and to display only information (such
as health warnings).
On the 19 March 2015 the Standardised
Packaging of Tobacco Products Regulations
2015 (SI 2015 No. 829) were published. The
Regulations will come into force on the 20 May
2016. The Regulations make provision for the
retail packaging of cigarettes and hand rolling
tobacco to be standardised.
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Test purchasing
Trading Standards Officers of the City Council are empowered to ensure that the legislation
around a range of age restricted products is closely followed.
To ensure compliance Trading Standards Officers, with the assistance of a number of child
volunteers, respond to concerns as raised and carry out test purchases on age restricted products.
Test purchase exercises are not deemed as entrapment.
Product
Attempts
Sales
Outcomes
Alcohol
68
6
6 Matters investigated
NFA.
Fireworks
10
0
Cigarettes
20
0
E Cigarettes
24
1
Totals
122
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Business advised in
respect of sale.
If you suspect a business is selling age-restricted products to children, please contact us on 0191
2116121, email [email protected] or you can report anonymously online at
www.newcastle.gov.uk/tradingstandards. Any information is treated in the strictest confidence and
your details will not be passed on to the retailer.
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Legal proceedings
The Trading Standards and Food Safety services based within the City Council's Public
Safety and Regulation Division are responsible for the enforcement of a very wide range of
statutory legislation, following the discovery or disclosure of alleged breaches of those
legislative provisions.
The Services are responsible for enforcing a wide range of criminal legislation dealing with consumer
and trade issues. The Services protect consumers by working to achieve a fair and honest trading
environment and to safeguard the health and well being of the community
The majority of businesses recognise the benefits of treating their customers fairly and strive to
comply with the law. The law can be complex and we much prefer to assist businesses to achieve
compliance than to take enforcement action.
However there are businesses who do not or will not comply and a range of enforcement actions are
available to the Service to deal with such cases. This policy sets out what businesses and others
being regulated can expect from our enforcement officers. It helps to promote efficient and effective
approaches to regulatory inspection and enforcement, which improve regulatory outcomes without
imposing unnecessary burdens.
The main purpose of our enforcement activities is to protect the public, other businesses and the
environment. To achieve this aim we will undertake to regulate businesses and others in a fair,
practical and consistent manner helping to promote a thriving local and national economy.
In terms of the occasions when the City Council does indeed take the decision to institute legal
proceedings against individuals and/or company's for breaches of consumer protection legislation.
The following tables provide an insight into these legal proceedings.
Premises
Offence
Result
Catering Business
Food safety issues
Company: Fined £1100. Costs £2876.
Furniture Manufacturer &
Retailer, Elswick
Unsafe furniture
Company: Fined £2000. Costs £1375.
Café, Byker
Food Hygiene of premises
Both defendants: Each Fined £700.
Costs £434
Restaurant, City Centre
Food Hygiene of premises
Company: Fined £4000. Costs £2200 Director: Fined £490. Costs £258.
General Dealer, Elswick
Possession of illegal tobacco
Fined £110 Costs £485
General Dealer, Benwell
Possession of illegal tobacco
Fined £250 Costs £300
General Dealer, Fenham
Underage Sale of alcohol
Fined £73. Costs £140
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Illegal money lending
Cllr Joyce McCarty, Financial Inclusion Lead
Illegal money lenders, are unlicensed and operate outside the law. They are commonly
referred to as loan sharks. These loan sharks not only take advantage of vulnerable borrowers
but also bring disrepute to legitimate lenders. Consumers who may find themselves unable to access
credit due to a poor credit history, an inability to manage finances or because their income is simply
too low to provide reassurance, may resort to illegal money-lenders.
The Government believes that action is needed to protect consumers, particularly the most vulnerable
in our society. It is seeking to promote responsible and sustainable banking and curb unsustainable
lending in order to protect consumers from financial malpractice.
The National Trading Standards Board on behalf of BIS now funds the Illegal Money Lending
projects. Action to tackle Illegal Money Lending in England is now co-ordinated by a team hosted by
Birmingham City Council that has proved to be extremely successful. In respect of the new service
the confidential, national hotline still provides a single point of contact. An estimated 165,000
households in the UK use an illegal money lender each year. If you need to get information about
reporting a loan shark or managing your money you can:
To report a loan shark:
Call the 24/7 confidential hotline 0300 555 2222
Text 'loan shark + your message' to 60003.
E-mail [email protected]
Visit www.facebook.com/stoploansharksproject or www.direct.gov.uk/stoploansharks
To contact Moneywise Credit Union:
Phone: 0191 276 7963, 0191 276 7957 or 0191 211 6983.
E-Mail: [email protected]
Website: www.moneywise.org.uk
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