Agenda Reports Pack (Public) 05/08/2009, 16:30

Committee and Members’ Services Section 3rd Floor, Adelaide Exchange

24-26 Adelaide Street Belfast BT2 8GD 30th July, 2009 MEETING OF HEALTH AND ENVIRONMENTAL SERVICES COMMITTEE

Dear Councillor,

The above-named Committee will meet in the Council Chamber, 3rd Floor, Adelaide

Exchange on Wednesday, 5th August, 2009 at 4.30 pm, for the transaction of the

business noted below.

You are requested to attend.

Yours faithfully PETER McNANEY Chief Executive AGENDA: 1. Routine Matters (a) Apologies

(b) Minutes

Minutes of the meetings of 3rd and 24th June

2. Directorate (a) Year End Report 2008-2009 (Pages 1 - 22)

3. Cleansing Services (a) Northern Ireland Litter Summit (Pages 23 - 26)

(b) Street Cleanliness Index (Pages 27 - 38)

Document Pack

- 2 -

4. Waste Management (a) Appointment to Technical Advisors' Group (Pages 39 - 40)

(b) Association for Public Service Excellence Annual Seminar and Awards

Ceremony (Pages 41 - 48)

(c) Extension of arc21 Contract for the Provision of Haulage Services (Pages 49 - 50)

(d) Northern Ireland Landfill Allowances Scheme and Recycling Rate Update

(Pages 51 - 56)

(e) Recovery and Refurbishment of Items deposited at Household Recycling Centres (Pages 57 - 60)

(f) Internal Waste Categorisation Study (Pages 61 - 62)

(g) Review of Pilot Kitchen Waste Collection Scheme (Pages 63 - 68)

5. Building Control (a) Naming of Streets (Pages 69 - 70)

(b) Information Sharing Protocol between the Council and Land and Property

Services Agency (Pages 71 - 82)

(c) Involvement of Building Control Service in Energy Performance Certificate Scheme (Pages 83 - 96)

(d) Structural Review of Building Control Service (Pages 97 - 100)

6. Environmental Health (a) Food Service Delivery Plan 2009 - 2010 (Pages 101 - 134)

(b) George Best Belfast City Airport (Pages 135 - 136)

(c) Future Alleygating Projects (Pages 137 - 142)

(d) Update on Work of Dog Warden Service (Pages 143 - 162)

(e) Consultation Document - Building Sound Foundations - A Strategy for the

Private Rented Sector (Pages 163 - 176)

Belfast City Council

Report to: Health and Environmental Services Committee Subject: Year End Report 2008/09 Date: 5th August, 2009 Reporting Officer: William Francey, Director of Health and Environmental

Services, Ext. 3260

Relevant Background Information

The Health and Environmental Services Department’s Departmental Plan for the year 2008/9 was approved and adopted by the Committee at its meeting on 2 April 2008. The Plan included a commitment to report to the Health and Environmental Services Committee on performance against the key tasks and indicators at the year end. The first part of this year end report describes progress against each of the key tasks. These are grouped according to the particular corporate plan priority to which they contribute rather than by the Service involved. The key tasks are essentially specific planned initiatives or service enhancements and are therefore not necessarily reflective of performance across the broad range or the Department’s core work. Performance at this level is measured through the Departmental and Service specific indicators as defined in Section 7 of the Departmental Plan. Performance against these indicators is set out in the tables at the end of the report.

Recommendation

The Committee is asked to note the contents of the Year End report, a copy of which is attached.

Document Attached

Year end report 2008/09

Agenda Item 2aPage 1

BLANK PAGE

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TASK STATUS COMMENT

Develop and maintain relationships with our key stakeholders

To carry out a rolling programme of segmented customer surveys and action any appropriate improvement findings within Building Control

Commenced Customer surveys have been undertaken based on the actual service provided in a number of segmented customer areas, We have started on some areas of consultation with results coming in for analysis.

Develop a customer engagement strategy for Building Control Complete Strategy will be reviewed and finalised in conjunction with programme of customer surveys to ensure engagement proposals are feasible and beneficial

Continue to lobby Government for an early implementation of Clean Neighbourhoods legislation

Ongoing A response via NILGA highlighted views and recommendations. A letter from the DoE advised Clean Neighbourhoods Act would not be included in the forthcoming legislative timetable, given other priorities, although it may be included in following years. Lobbying efforts to continue.

Develop the interagency group on tackling graffiti and fly posting and focus additional resources on tackling graffiti

Complete Group established by the Cleansing Service and met on a number of occasions, with limited additional resources identified. Cleansing Services to continue existing operations for graffiti and fly positing and evaluate outcome of the work of the interagency group.

In 2008, the Waste Management Service will lead a review of the council’s “Waste & Recycling Storage Guidelines” in light of new legislation and planning considerations

Ongoing, almost complete

Building Control and Waste Management staff involved on working group revising existing guidance. Discussions with DFP have now agreed it will be used as ‘complementary guidance’ to the Building Regulations. Consultation complete and amendments being made with DfP to incorporate it into next Building Regulation Amendment. Sample proofs of covers and internal layout have now been drafted and typeset. Anticipated that this should be completed in Autumn 2009.

In 2008-09, the Waste Management Service will develop a business-focused education campaign and implement a business sign-posting service

Ongoing Following discussions with the Environmental Health Service and other environmental advice agencies, a BIS review of the job descriptions of the Waste Education & Promotion Officers was undertaken. Anticipated that BIS will complete submission to the

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Vetting Panel in Autumn 2009

In 2008-09, the Waste Management Service will continue its capping operation at Dargan Road in line with the council’s closure plan and following discussions with DoE

Complete Phase H complete. The penultimate phase of capping, Phase I, has now commenced and is expected to be finished in Spring 2010. Issues regarding the supply of clays/soils have receded.

TASK STATUS COMMENT

The Waste Management Service will continue to take a lead role in Eurocities Waste Management and Greening the Local Economy Working Groups

Ongoing The Council presented an outline of the Interreg IV Carbon Card to a meeting of Eurocities in Brussels last Feb, 2009. Further discussions were held with Eurocities on waste prevention at a subsequent meeting in March, 2009

To support partnership initiatives, such as Urbact and (Quartiers en Crise), in line with our commitment to health and well-being

Ongoing Approval has been granted for Urbact project to move into the implementation phase

To review role of council and EH Service in facilitating the City Airport Forum and scrutinising the noise management scheme to be introduced in 2008

Complete Review of Council role on Forum complete. Noise management not fully implemented by airport.

To provide support to Belfast Healthy Cities in delivering its key objectives

Ongoing Council continuing to invest in Belfast Healthy Cities in support of implementation of Phase V

To represent the council in the development of a multi-sectoral approach to addressing health improvement/ health inequalities across Belfast (including older peoples issues)

Ongoing Healthy ageing Strategic Partnership established. Working with CMO and other health sector officials to establish a joint public health agency

To work in collaboration with other agencies to implement the second phase of the workplace health strategy for Northern Ireland, ‘Working for Health’

Ongoing Action plan produced. Outline programmes in 3 areas, musculoskeletal disease, stress and disease reduction deferred by HSENI

To support the council’s contribution to a Belfast-wide strategy to address suicide and self harm

Ongoing

Multi agency group dealing with clusters of suicide set up chaired by the PEHO (Health and Wellbeing). Strategy developed, links to Council’s emergency planning arrangements created.

To complete air quality reports required by the DoE in May 2008 and April 2009

Complete Both air quality reports completed

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TASK STATUS COMMENT

To review the service level agreement with Planning regarding turnaround times for consultation responses

Complete SLA between the Building Control Service and Planning Service reviewed and agreed. Currently Building Control Service operating at 100% within agreed turnaround times.

Promote a positive image and reputation

To launch the ‘Belfast Bar None Scheme’ inspecting and categorising all applications and present accreditations in an awards ceremony

Being developed by FRLT

This did not happen because of considerable resistance from licensees to it. Negotiations with the FRLT have indicated they may run a similar scheme with our involvement but the economic downturn in the industry has put this on hold.

The Waste Management Service will conduct an independent service-wide user satisfaction survey in 2008

Complete The survey was divided into different service areas. The results from each demonstrated that users were satisfied or very satisfied with each area questioned

To complete and implement the street trading stall design policy Commenced. No funding for external consultants. Looking at doing the work internally

Initial stall designs produced and feedback received from interested parties. There is no funding stream available for the infrastructure work. We are currently looking at the research and potential options as considered by All Party Working Group. Next steps being considered, with a possibility of utilising internal officers to develop policy.

To implement the Environmental Health customer focus improvement plan, service standards and method of feedback on satisfaction levels

Complete Service Standards and customer feedback methods agreed. Will be implemented in 09/10

TASK STATUS COMMENT

Continuously improve and innovate our service delivery

The Waste Management Service will prepare a draft Waste Minimisation & Prevention Strategy for Belfast

Ongoing In line with the draft Council objective of “Zero Waste direct to landfill by 2015” the Service is considering (i) how this will feed into Phase II of the Communications Plan (ii) how the Council can lead by

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example through its own Internal Waste Plan (iii) additional steps. Progress on this strategy has been delayed due to undertaking an unanticipated public consultation exercise. Work has recommenced and a draft strategy should be ready shortly.

In 2008-09, the Waste Management Service will establish an annual internal audit and inspection programme for all waste management operations

Complete As part of the OHSAS 18001 and ISO 14001 systems, the Service has introduced an internal audit and inspection programme for all its operations

In 2008, the Waste Management Service will institute a “mystery shopper” programme for some service areas

Complete The first “mystery shopper” exercise was conducted in Autumn, 2008. Following a review it is expected that the next one will be conducted in Autumn 2009 and that there should be one such event per year thereafter.

The Waste Management Service will review operations within Clara Street CA site with a view to completing phase 2 of the redevelopment programme in accordance with the licence conditions and operations at the recycling centres by April 2009

Ongoing Following requests from Planning Service for additional environmental studies to be conducted and in line with the Capital Programme, an economic appraisal has been completed. This has raised questions regarding the VFM of proceeding with the development of this site as originally envisaged. A separate report will be taken to Committee to consider further in due course.

In 2008-09, the Waste Management Service will benchmark the council’s provision of public toilets with other comparable cities

Not yet started Progress on this benchmarking exercise has been delayed due to other priorities. Discussing the matter with the BTA, highlighted that there was no simple way to benchmark and that the Council was already a top performer as demonstrated by our annual success in the “Loo of the Year” awards.

TASK STATUS COMMENT

To further refine the Building Control Service Balanced Scorecard and Performance Indicators using United Kingdom Benchmarking Clubs as a tool for improvement

Ongoing The Building Control Service is aligning its BSC with the VCM. The performance indicators used in all areas of its service are produced and reviewed formally every quarter. PIs are streamlined into the Councils new performance framework. Performance benchmarking is undertaken with UK Building Controls via performance matrices of London District Surveyors Association and Core Cities and also more locally with Lisburn Building Control

To apply for a Northern Ireland Quality Award for the Building Control Service in the EFQM accreditation process

Complete Building Control awarded Prizewinner status at the Awards ceremony at January 2009.

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To implement and evaluate new wheeled bin collection routes Ongoing The design work on rerouting was completed. The proposed new routes are due to be implemented in 2009/10.

Implement and evaluate a food waste collection pilot Ongoing Following a three month trial during the summer period, the Committee agreed to extend this trial until October 2009.

Implement the Cleansing Service’s customer focus improvement plan

Complete

All improvement plan tasks were completed with further recommendations and actions to be completed as part of 2009/10 Business Plan.

To develop an updated service vision and values for Environmental Health

Complete

To implement the completed reviews of Business Administration, Health and Business Development, Community Safety, Regulatory Services and Home Safety

Some sections complete – others ongoing

Business Administration posts recruited end of December. Home Safety Review complete. Regulatory Services transferred to Building Control in October. Community Safety review actions implemented – All posts to be recruited by June 09

TASK STATUS COMMENT

To review out-of-hours services in EH Service and to review the Advice Centre with a view to providing a more comprehensive and integrated advice and support service that meets the needs of businesses and citizens

Out of Hours - deferred Advice Centre Review in progress

Deferred until next year Awaiting report from BIS

To develop a continuous improvement strategy for the EH Service

Complete Strategy developed for 09/11

To participate in Inter-authority Auditing exercise of the industrial pollution control function

Complete Successful audit reported back to Committee November 2008

To work in collaboration with Her Majesty’s Revenue and Customs and the other district councils to facilitate the removal of unsafe goods from the supply chain at the earliest opportunity

Deferred to 2009/2010

To participate in the evaluation of the current FSA scores on the doors pilots with a view to influencing the development of a

Complete Evaluation complete and representation made to FSA regarding the preferred model for a national scheme. On 10th December FSA

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national scheme and in addition assist in the development of any NI-wide scheme

Board agreed to progress with national model in line with recommendations made by Council and Environmental Health Manager is a member of the UK working Group progressing the national scheme.

To develop and deliver a strategy for alleygating in the city by October 2008

Partially complete

Alleygate criteria and next steps being considered by Council. Undertaking gateway process to secure BCC funding. Discussions with other funders ongoing.

To develop and deliver a strategy for wardens services in the city by June 2008

Partially complete

Work to develop this is now included in the Safer City Action Plan. A task and finish group are now carrying out this work with a completion of an action plan by spring 2010 reporting to the Strategic steering group Safer City.

TASK STATUS COMMENT

To continue to proactively implement the smoke free legislation and to develop a robust programme of work for tackling underage sales of tobacco products

Complete

Difficulties early in the year recruiting children. Completed using staff children for underage sales programme.

To introduce a seven day Dog Warden Service Complete Seven day Dog Warden service commenced on 2nd November 2008

To introduce a free Pest Control Service for public health pests in domestic premises

Complete Free Pest Control Service for public health pests in domestic premises introduced on 2nd June 2008

To put in place a Community Safety Neighbourhood Intervention team by December 2008

Partially met Four neighbourhood ASB posts in place. Two Community Safety Co-ordinators in place with a further two being recruited.

To implement the revised FSA Food Safety Code of Practice and revised reporting/monitoring framework

Complete Code implemented and new data base configured to enable production of monitoring return.

To review methods of dealing with dog barking complaints and better joint working across the Environmental Health Service

Complete Pilot procedure has evolved and is being refined to provide a more effective service for dealing with barking dogs

Engage, lead and communicate externally and internally

To establish and develop the Licensee’s Customer Forum incorporating licence holders from all areas of the industry,

Ongoing Effort was concentrated on successful establishment of the Licensed Premises Group. Intention is still to develop a licensees’ customer

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together with elected Members and officers working jointly on issues

engagement panel, incorporating all licensing functions including recently transferred street trading function

Deliver a further year of the anti-litter campaign Complete The 2008/09 campaign was completed and included two new TV advertisements developed and aired on Regional TV; new posters with the anti litter campaign message printed and distributed; and a taxi wrap advertisement campaign launched.

TASK STATUS COMMENT

Develop and implement an internal communications plan for Cleansing Services

Complete A new internal communications framework was developed and implemented.

Develop means to monitor Cleansing Service’s customer feedback and link to Service improvement plans

Complete As part of the customer focus improvement plan, work was completed with recommendations for further improvements to be implemented in 2009/10.

The Waste Management Service will, in conjunction with specialist trainers, develop and deliver a twice yearly legislation up-date toolbox talk (March and October of each year) for all staff. It will be a short mandatory course fixed within an annual training programme

Complete As part of the OHSAS 18001 and ISO 14001 systems, the Service has introduced regular toolbox talks which are recorded on staff PDPs

The Waste Management Service will develop and implement phase II of the “Waste – It’s not rubbish” Communication Plan 2008-2011

Complete Fire IMC have developed a new campaign to target (i) students and (ii) poor performers on several waste streams. This will go live later this summer.

Develop a marketing and communication strategy for the EH Service

Complete Strategy developed and agreed. Strategy being implemented.

To lead the Community Safety Partnership on behalf of the council

Complete and continuous

To develop a strategic safer Belfast plan for 2008 – 2011 which co-ordinates community safety activity of the CSP, DPP and council

Complete 2009-2011 Plan developed and agreed by Belfast CSP and NIO Community Safety Unit

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TASK STATUS COMMENT

To lead on the council’s work to improve and integrate services for older people and to host the first annual Older People’s Convention in May 2008

Complete Successful Convention in May 2008 attended by over 100 older people. Plans for second Convention well underway. Comprehensive information resource for older people hosted on council’s website. Healthy Ageing Co-ordinator post recruited to drive forward strategic healthy ageing partnership (jointly funded by council and EHSSB). Cross departmental officer group established and action plan developed. All party reference group continues to meet on a monthly basis

To lead the co-ordination of the Interdepartmental Safer Belfast Group and oversee the development and delivery of a council-wide Safer Belfast action plan

Partially complete Safer City Framework and action plan developed and agreed by Council 2009. Implementation of action plan underway with four task and finish groups established and reporting mechanisms agreed on progress to COMT and Strategic P&R Committee.

To establish, lead and support the co-ordination of an interdepartmental Healthy City Group and oversee the development and delivery of a council-wide health and well-being action plan

Ongoing Research carried out, main themes identified. Interdepartmental Healthy City Group established. Action Plan being developed.

To work with the Development Department on a review of the Transport Policy for Belfast

Complete The Transport Policy is now complete and was adopted by the Development Committee at its meeting of 13th May. The recommendation of the Committee was ratified by Council at its meeting of 1st June 2009 however, members requested that the Policy ‘give consideration’ to the Connswater Community Greenway scheme. Additional work is presently underway to address this request.

To develop a robust customer relationship management system for use during major emergencies affecting the City

Partially complete New system tested during August flooding event – further development ongoing

To co-ordinate council input to the development of the Sirocco works site development

Ongoing BC - Building Control has held several meetings with the developers/architects but scheme is still with Planning and an archaeological dig has also delayed the project

EH – EPU continue to comment on Planning applications for this site particularly with regard to contaminated land.

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TASK STATUS COMMENT

Provide quality advice and evidence based decision making

Implement audit and quality compliance control systems for Building Regulations decisions based on revised inspection protocols

Ongoing/Near Completion

Building Regulations compliance audit further developed by the Building Control Service for use by building controls throughout N I. A BCNI team has finished this work. Revised inspection protocol and risk-based inspection regime has been developed in conjunction with LDSA We will report to Committee in September/October to be implemented before end of year

By December 2008, the Waste Management Service will complete service standards for publication as part of either (i) Charter Mark or (ii) APSE

Ongoing The Service has prepared draft Customer Standards. These were temporarily halted while the Corporate approach developed and it was anticipated that, thereafter, they would be complete by April 2009. Progress on these draft standards, however, has been delayed further due to the amount of work required for the systems and undertaking an unanticipated public consultation exercise. Work has recommenced and the standards should be ready for consultation in October 2009

To support the development of a council approach to Health Impact Assessments

Partially Complete

This is included in the work in developing a council wide health and well-being plan. Linked to European Urbact project

To undertake research to inform a future public awareness raising campaign to reduce dog fouling

Complete Draft report received

To implement a targeted education and awareness campaign/advertising the need to control noise/effects on other people

Complete A successful campaign targeting barking dogs in North Belfast was completed.

To complete street trading designation process for current round of 28 streets

Complete Completed on schedule with the Council designating 13 streets or parts thereof where stationary street trading licences may be granted. All 28 sites considered by Licensing Committee under delegated authority and designation determined.

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TASK STATUS COMMENT

Maintain an open and performance driven culture

To continue to refine Cleansing Service performance measures and further develop our performance management system

Ongoing Performance management embedded in Cleansing Services.

Further develop and review activity monitoring for waste collection

Complete Process reviewed and further developed and to be implemented following the roll out of the new waste collection routes.

Review Cleansing Service’s service standards and Environmental Health’s service standards

Complete Cleansing Services standards were reviewed and updated. Environmental Health standards reviewed and agreed.

Retain ISO 9001 and Charter Mark accreditations for Cleansing Services

Complete ISO 9001 and Chartermark retained.

Prepare the Waste Management Service for pre-audit by April 2008 (pending full registration by end of 2008) for the following standards: BS OHSAS 18001:2007 and BS EN ISO 14001:2004

Complete The Service achieved OHSAS 18001 in October 2008, ISO 14001 in January 2009 and shall shortly be assessed for ISO 9000 at the Waste Transfer Station

To monitor performance against the NILAS targets to ensure that the council landfills within its allocations for biodegradable waste

Ongoing The Service continues to landfill within its NILAS allowances. This situation will change in 2009/10

To devise and implement a new intervention programme for food premises which targets the worst offenders whilst reducing the inspection burden on broadly compliant businesses

Complete Developed and implementing an intervention plan using the revised COP. Believed to be the first Council in N.I. to do so.

TASK STATUS COMMENT

Continuing to develop the personal training programme for each manager in Building Control using the National Occupational Standards for Management and Leadership and investigate accreditation for each manager with a recognised institution

Ongoing Management coaching sessions completed. Managers have PDPs based on the standards, setting personal development goals. Managers still working under PDPs. Accreditation still under investigation

Develop and implement a training and development plan for Cleansing Services

Ongoing Training and Development plan for 2008/09 was developed and delivered.

To develop a recognised waste management training course Complete

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providing a range of both accredited training courses and assessment services by April 2009

To work with the Sustainable Development Manager and hold regular waste awareness training sessions for key staff to maximise the effectiveness of the internal waste plan

Ongoing A number of training sessions have been given to key staff (such as Facilities Management Cleansing staff) on the Internal Waste Plan. The Internal Waste Plan has been refreshed and the next steps will involve further embedding the IWP practices within services and revisiting the Waste Characterisation Study in 2009/10

To implement a Supporting Staff Programme in Environmental Health, to further implement the recommendations of the IIP assessment

Complete An operational tier of the training forum has been established with the first meeting to take place in May 09. An approach has been agreed to be implemented in 09/10.

Embed learning from Middle to Senior Managers Development Programmes in Environmental Health

Complete

TASK STATUS COMMENT

Ensure safe, happy and dedicated employees and councillors

To review health and safety management systems across the Department and begin progressive external accreditation

CS Complete (EH ongoing)

Waste Management achieved OHSAS 18001 in October 2008. Cleansing Services health and safety management systems were reviewed as part of the preparation for OHSAS 18001. Recommendation for accreditation July 09. Initial audit of current systems and processes ongoing within Environmental Health. Building Control health and safety management system currently being reviewed in preparation for OHSAS accreditation.

To maintain or better the 80% staff satisfaction score in the annual Building Control Staff Survey

Complete 91% very or quite satisfied with present job in March survey 08, 86% very or quite satisfied with present job in March survey 09.

To re-submit relevant information to Investors in People and retain registration for the Waste Management Service

Complete The Service was IIP re-accredited in August 2008

To implement a system for reviewing risk assessments within the Environmental Health Service

Partially complete

Majority of risk assessments completed and review mechanism put in place. Remainder of the work carried over into 2009/10

Information management

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To complete Implementation of Civica IT system in all relevant operational environmental health units and to develop further systems improvements

Complete Programme for 2008/9 completed

To prepare for the introduction of the electronic planning system, E-PIC and implement the new planning checklist

Ongoing The new planning checklist has been implemented. However, delays within Planning Service regarding EPIC rollout and acceptance testing have not made it possible to progress this issue.

Using WasteDataFlow, the Waste Management Service will undertake benchmarking exercises to ensure it continues to develop and implement best practice

Ongoing The Service benchmarks its performance against a number of English and Scottish councils to gauge how it can continue to improve. In December 2008, the Service was asked by DEFRA to be a case study in terms of practice and implementation of new waste and recycling operations

TASK STATUS COMMENT

To develop the GIS pilot to integrate the main service IT systems and provide a platform for improved data sharing across the council and with key Government Departments

On-going The Building Control Service continues to work with Land and Property Services (formerly Ordnance Survey) to integrate Corporate Gazetteer which can manage the address lifecycle. Phase 2 of this is the development of Service GIS pilot for the purposes of better integration. Both these systems have been procured and are currently being progressed. A second version of the address table for all NI addresses was released in March which has facilitated further progress to be made.

Develop and implement an information strategy for Cleansing Services

Ongoing Information strategy was developed and is due to be implemented in 2009/10.

Process and programme management

To employ a Programme Manager for Belfast Resilience (funded externally)

Complete Programme Manager appointed

To pursue a joint appointment with the Health Trust to progress work in Older People (part funded externally)

Complete Healthy Ageing Co-ordinator appointed

To develop a Project Management Framework for the Environmental Health Service

Complete Project management tools in place

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Develop a Value Creation Map for the Waste Management Service and put in place relevant reporting officers for the selected key/performance indicators. The Service will also seek to develop a three year plan from the VCM and align the budgetary process with its formation

Complete The Service has developed a draft three year VCM map and profiled an indicative budget. The Service has used a balanced scorecard approach to select a limited number of PIs

TASK STATUS COMMENT

Resource management

To secure sufficient resources for delivery of safer city actions and new projects

To be completed March 2010

Framework & Action Plan agreed. Implementation underway.

To develop a Multi Agency Emergency Management Centre in the City Hall, which will facilitate a much more integrated and co-ordinated approach.

In progress (multi agency EMC)

Part funding secured from NIO and PSNI Due for completion Autumn 2009 On target

To secure renewal of the sewer baiting contract for 2008-2009 (October)

Complete NI Water has confirmed the extension of the current contract to October 2009

To review dog kennelling arrangements Ongoing Committee Report submitted to the May ‘09 Committee

To achieve sustainability for community safety projects defined as a priority by CSP/Safer City Plan

Ongoing The final implementation of the structural review of Community Safety will improve this in terms of dedicated posts as a resource to develop and manage projects as well as having permanent posts within the team structure.

To develop joint training, enforcement and education programmes with the Chief Environmental Health Officers’ Group (CEHOG) to ensure efficiencies are maximised

PHG work ongoing

Private Tenancy work (PTO) briefing by BCC staff and representation on PTO sub-group. Ongoing liaison with DOE (LG branch) re adoption of draft exhumation procedures. Generic Enforcement Policy created by CEHOG

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DEPARTMENTAL HEALTH INDICATORS

Year End Target/ Estimate 2008/09

Financial

Net cost of Health and Environmental Services per head of population

£175.01 £176.34

Customers

Number of complaints about the Department’s services Number of customer satisfaction surveys undertaken The average % customer satisfaction

57 13

86%

100 17

83%

Staff Satisfaction

% overall satisfaction with their current job working in the Department (64% overall for the Council in 2007 survey)

69% (2007 survey)

69%

BUILDING CONTROL

Half

Year Year End

Target/ Estimate 2008/09

Operations (Building Regulations Unit): Regulations Income to Expenditure (%) Building Regulation Plans processed in Target Time (%) Site Inspections to ensure Compliance

113% 91%

15486

78% 85%

31424

100% 80%

50,000

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Operations (Property Unit): Regularisation applications processed in target time (%) Regularisation applications Income to Expenditure (%) Cases which lead to a successful prosecution (%)

69% 25%*

No cases taken

70% 62% No

cases taken**

90% 100% 95%

Operations (Licensing Unit): Licensing Income to Expenditure (%) Licensing Applications Processed in Target Time (%) Reduction in Risk Factor of Licensed Premises (%)

26%# 49% 20%

16% 45% 20%

15% 90% 5%

Key * Reflects housing market # Includes refund of £22,000 from House of Lords ** 3 cases taken but withdrawn - works sorted before court date

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CLEANSING SERVICES Half year Year

End Target/ Estimate 2008/09

Street Cleansing Level of Cleanliness Index

• City Wide

• City Centre

72 74

72 73

68 70

BVPI 199 cleanliness assessment

13 ( lower

score is better )

13 18

Number of Community clean ups facilitated

57 97 80

Number of schools engaging in litter awareness programme

44 70 70

Number of Fixed Penalty Notices issued for littering

1140 1715 1500

Waste Collection Collection of a missed domestic/recycled wheeled bin rectified within 2 working days

1.38 working

days

1.34 working

days

Target changed

To average time ( eg 2 working

days ) Quality and Business Support Percentage of calls resolved at first point of contact with Cleansing Service call centre staff

99.31% 98.56% 90%

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ENVIRONMENTAL HEALTH SERVICE Half

Year Year End

Target/ Estimate 2008/09

Consumer Advice Total value of goods repaired, refunded and replaced as a result of Consumer Advice Centre intervention

£34,011 £255,8

90

N/a

Consumer Safety % of complaints resolved within 8 weeks of notification

75%

83%

75%

Food Safety (interim indicators) % of planned food hygiene inspection/intervention programme achieved % of consumer complaints received completed within 8 weeks of notification % of premises deemed broadly compliant

n/a

79%

91%

99.8%

73%

89%

95%

75%

80%

Port Health No of Ships inspected No of imported food consignments examined (non-EU) % of manifests inspected for imported goods

336 141

100%

744 272

100%

1000 250

100%

Health and Safety (interim indicators) % of those premises with serious contraventions where improvements have been made % of service requests responded to within 3 working days Safety and Environmental Advice Service % of businesses where health and safety standards have improved following an audit

N/a

91%

N/a

93%

91%

67%

80%

80%

70%

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Dog Control % of complaints responded to by target response time No of fixed penalties issued No of prosecutions

76% 351 114

82% 896 237

90% 450 80

Public Health and Housing % of urgent enquiries responded to on the same day as their receipt Public Health Nuisances abated

100%

202

100%

366

95%

450

Pest Control % of infestations responded to by target time % of sewer baiting programme completed

56% 40%

63%

100%

90%

100%

Environmental Protection % response time achieved for complaints % response time achieved for planning consultations

92% 64%

92% 73%

95% 95%

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WASTE MANAGEMENT Half Year Year

End Target/ Estimate 2008/09

Municipal Biodegradable Target (NILAS) in tonnes

42,676

85,586

97,033

Household waste recycled and composted as a % of total household waste arisings

29%

26%

23%

Municipal waste recycled and composted as a % of total municipal waste arisings

25%

22%

21%

Household waste arisings (kg per capita) Total Tonnage processed at HRC & CAS % of materials recycled

n/a

15,380 49%

487

27,000

49%

547

30,000

38%

Waste Electrical & Electronic Equipment tonnage

977

1,945

1,072

Public Toilets – number of BTA Five Star Awards Net cost of collection & treatment of recycled/composted household waste per head of population

7

£7.58

7

£15.46

6

£16.35

Net cost of municipal waste disposal per head of population

£14.68

£29.37

£35.73 (1)

Notes All tonnage figures based on WasteDataFlow returns (1) Landfill contract and Waste Transfer costs (excludes Site Closure works at Dargan Road)

Page 2

1

20

Pa

ge 2

2


Report to: Health and Environmental Services Committee Subject: Northern Ireland Litter Summit Date: 5th August, 2009 Reporting Officer: Sam Skimin, Head of Cleansing Services, ext 5273 Contact Officer: Sam Skimin, Head of Cleansing Services, ext 5273


The Head of Cleansing Services has received a letter from Tidy Northern Ireland proposing the holding of a Litter Summit in Northern Ireland. Members are aware that the Council has a long association with Tidy NI and that the Head of Cleansing Services received permission from Contract Services Committee, on 9th June 2004, to replace the Head of Waste Management as a trustee and adviser to Tidy Northern Ireland. This was due to the nature of the work Tidy NI does and its close alignment with the Council’s aims of improving littering behaviour and local environmental quality in the City

Key Issues

Cleansing Services would support the proposal of a Summit for local stakeholders interested in improving local environmental quality standards. It presents a unique opportunity for the exchange of ideas, networking, raising the profile of the issues and perhaps gaining some commitments to collaborative working in the future. It will also be an opportunity to impart some of the best practice Belfast City Council has developed in this area in recent years. Tidy Northern Ireland has asked for a contribution of £1000 from the Council to assist with the cost of the organisation of the Summit. I have received written confirmation from the Director of Legal Services that the Council has the vires to make such a contribution.

Resource Implications

There would be a financial commitment of £1000 to be met from within Cleansing Services’ existing budget. Some staff time may be involved in giving presentations at the Summit.


Recommendation

Members are asked to note the proposal from Tidy NI for a Litter Summit and to give permission for a contribution of £1000 to assist with its organisation.

Decision Tracking

If approved by the Council, the Head of Cleansing will arrange for the payment to be made.

Key to abbreviations

None

Document attached

Letter from Tidy Northern Ireland

Page 24

This page has been intentionally left blank

Page 26


Report to: Health and Environmental Services Department Subject: Report on the Street Cleanliness Index, Enforcement and Education Activities Date: 5th August, 2009 Reporting Officer: Sam Skimin, Head of Cleansing Services, ext 5273 Contact Officer: Michael McAtackney, Quality and Business Support Manager, ext 5273


The figures presented in this report cover the first quarter of the financial year i.e. the period from April 2009 to June 2009. Monitoring figures were measured by Cleansing Services Quality Officers. Enforcement, and Education and Awareness information was supplied by the Customer Support Service, and the Community Awareness Section within Cleansing Services, who were responsible for these functions over the period concerned.

The monthly monitoring programme consists of a random 5% sample of streets throughout the city being inspected and graded. From the grading, a Street Cleanliness Index is calculated and plotted for the various areas of the city, and the city as a whole.

The index range is from 1 to 100; with a Cleanliness Index of 67 being regarded as an acceptable standard by the Tidy Britain Group. The results show the trends on a month to month basis. To alleviate the influence of spurious results on the overall index, the results are averaged over the last 4 surveys. Spurious results may occur for reasons such as adverse weather conditions, seasonal problems etc.

Key Issues

The overall city wide cleanliness index for this quarter is 74. This is a slight increase from the previous quarter’s cleanliness index of 73. The index for the same period in the previous year was 72. The breakdown by individual area is as follows: North The North Cleanliness Indices for April 2009 to June 2009 were 74, 75 and 71 respectively. This represents an increase for April (up 5), May (up 5) and a similar score for June (71), by comparison to those figures for the same period in the previous financial year viz. 69, 70 and 71 respectively. These figures represent a good level of cleanliness for the area.

Agenda Item 3bPage 27

South The South Cleanliness Indices for April 2009 to June 2009 were 76, 76 and 78 respectively. This represents an increase for April (up 1), May (up 3) and June (up 2) by comparison to those figures for the same period in the previous financial year viz. 75, 73 and 76 respectively. The area is maintaining a consistently very good level of cleanliness. East The East Cleanliness Indices for April 2009 to June 2009 were 74, 77 and 77 respectively. This represents a similar score for April (74), an increase for June (up 1), with a small reduction for May (down1), by comparison to those figures for the same period in the previous financial year viz. 74, 78 and 76 respectively. The area is maintaining a consistently very good level of cleanliness. West The West Cleanliness Indices for April 2009 to June 2009 were 71, 71 and 72 respectively. This represents an increase for April (up 5), May (up 2) and June (up 4), by comparison to those figures for the same period in the previous financial year viz. 66, 69 and 68 respectively. These figures represent a good level of cleanliness for the area. Central The Central Cleanliness Indices for April 2009 to June 2009 were 73, 75 and 74 respectively. This represents an increase for April (up 3), May (up 2) and June (up 3), by comparison to those figures for the same period in the previous financial year viz. 70, 73 and 71 respectively. These figures represent a good level of cleanliness for the area. Complaints / Enquiries There were 1296 complaints/enquiries regarding street cleansing during the quarter (by comparison to 1204 last quarter). There were 20 Corporate Complaints (19 Stage One, 1 Stage Two and 0 Stage Three) during the quarter – two of which related to street cleansing (both Stage 1). Enforcement There were 307 Fixed Penalty Notices issued under the Litter (NI) Order 1994, and 96 summonses issued. In addition 130 Article 20 Notices were issued requesting information. Community & Education Projects During the last quarter the Community Awareness Team participated in the Spring Fair (Malone House) and the Children in Need event at Stormont. The Team also facilitated 29 cleanups involving 580 volunteers, and 4 school visits, promoting the anti litter message, involving 185 pupils. The Community Awareness Team also attended 16 community / residents meetings on behalf of Cleansing Services.


There are no financial, human resources, asset or other implications in this report.

Page 28

Recommendation

Members are asked to note the content of this report.

Key to Abbreviations

None

Documents Attached

Trend analysis graphs

Page 29

BLANK PAGE

Page 30


Page 38


Report to: Health & Environmental Services Committee Subject: Appointment to Technical Advisors’ Group Date: 5th August, 2009 Reporting Officer: William Francey, Director of Health & Environmental Services,

ext 3260 Contact Officer: Tim Walker, Head of Waste Management, ext 3311


Members may recall that I presented a report to Committee last October regarding Mr Tim Walker’s election as Junior Vice-President of the Technical Advisors’ Group (TAG) (UK) for 2009/10. It was anticipated that he would take up this role from the recent Annual General Meeting (AGM) in London however, due to the present Senior-Vice President’s imminent retirement, his election was fast-tracked by one year. TAG is the pre-eminent body in the UK representing Councils’ technical services (ie leisure and amenity services, waste management, &c). In Northern Ireland TAG is well represented with most councils’ senior waste officers taking an active part in the steering group, which meets bi-monthly. Since 2004, Mr Walker has been the Chair of TAG (NI) and, in late May, he was again re-elected. In this capacity he has worked closely with NILGA on a variety of waste matters (including developing publications, presenting at regional conferences, responding to consultation papers, sitting on the Strategic Waste Forum, inputting to the RPA agenda and generally advising both NILGA and SOLACE on specific waste issues upon request). As Chair of the local region, he is automatically a member of the centre council. At its AGM in London in May, TAG (UK), following serving briefly as the Junior-Vice President, he was automatically elected to the position of Senior-Vice President for the incoming year (ie 2009/10). It is anticipated that he will discharge the relevant administrative role and supporting duties associated with this role before becoming the President of TAG (UK) at the next AGM in May 2010 for a one year period. At this time, he will step down as Chair of the local region in order to focus on the presidency. As stated in my report to Committee last year, in this regard it is a great honour to be recognised by the Group as this is the first time a Northern Ireland representative has been nominated for this role.


Key Issues

Mr Walker has been Chair of TAG (NI) for the past five years. In light of the work he has done, TAG (UK) elected him to be their Junior-Vice President in 2009/10. Owing to unforeseen circumstances however, he discharged this role from early 2009 and was elected as Senior Vice-President for 2009/10 with a view to progressing to being TAG (UK) President in 2010/11, a year earlier than anticipated. In this capacity, there are a number of meetings and functions around the UK which it is expected that the President would attend. It is estimated that there are around four meetings per annum and a number of events which require the TAG President to attend in a representative capacity. In light of the effort expended and success achieved by the Service over the past decade in the evolution of the Council’s waste management practices and operations, this is an opportunity for Mr Walker to use his skills and experience to help further the standing of waste management within the suite of local government services.


On the premise that Mr Walker would attend four meetings and two events, the anticipated costs of accommodation and travel would be in the region of £1,000 per annum. These costs could be met from within the Service’s Revenue Estimates for each of the years in which he is part of the Presidential Team.

Recommendations

The Committee is requested to approve Mr Walker’s appointment as the TAG (UK) Senior Vice-President, leading on to becoming the Group’s President next year. Furthermore, the Committee is also asked to approve relevant expenditure associated with this role as estimated above.

Decision Tracking

Following the Committee’s decision and subsequent Council decision, Mr Walker will relay the decision to the TAG (UK) secretariat.


TAG – Technical Advisers Group AGM – Annual General Meeting

Page 40


Report to: Health and Environmental Services Committee Subject: Association for Public Service Excellence Annual Seminar

and Awards Ceremony Date: 5th August, 2009 Reporting Officer: Tim Walker, Head of Waste Management, ext 3311 Contact Officer: Maria McAleer, Policy & Compliance Officer, ext 3311


In September, the Association for Public Service Excellence (APSE) will be holding its annual seminar and hosting its annual service awards ceremony for local authorities and their public sector partners across the United Kingdom.

The seminar is called “Local Government Front Line Services: From Recession to Progression?” and, through a range of speakers, covers a broad agenda concerning how to improve service delivery and prepare for a period of unprecedented change (see attached brochure).

Earlier this year and, in recognition of the amount of hard work which has recently been undertaken to achieve a number of international standards, the Waste Management Service submitted an application for recognition at these awards.

Since the awards were launched over ten years ago, local authorities from across England, Northern Ireland, Scotland and Wales have demonstrated their ability to innovate with service delivery and demonstrated new concepts and examples of best practice which continuously improve the level of service to local communities.

The local authorities who are winners and finalists receive publicity, both nationally and locally, through the recognition of excellence in service delivery from the wider local government family.

Over 750 attended the 2008 presentation ceremony, including Government Ministers and senior local government figures, to celebrate the very best in public service excellence. APSE awards not only recognise and promote individual achievement, but also provide an invaluable opportunity for information to be shared with other authorities and bodies that recognise the hard work and dedication involved in delivering continuous improvement.


Key Issues

The submission made by the Service was subject to a rigorous selection process after which it was selected as one of the top finalists in the “Waste Management & Recycling Service” category. This year’s awards have attracted over 390 submissions with over 150 organisations taking part from across England, Northern Ireland, Scotland and Wales.

A maximum of eight finalists have been short listed in each category. These submissions are scheduled for review by an expert panel on 10 September 2009 with all subsequent awards being presented that evening during APSE’s annual dinner.

As national finalists, the Service will be presented with a certificate to recognise their achievement. Representatives from the Service are invited to attend the APSE annual seminar 2009 which will take place at Cardiff City Hall on 9 – 10 September 2009. The awards and dinner ceremony will take place at the Cardiff International Arena on the evening of 10 September 2009.

This is welcome news as it provides both national and independent recognition of a consistent level of service delivery and is the result of much hard work and effort by all members of staff across the Service during the recent successes with OHSAS 18001 (the Health & Safety management standard), ISO 14001 (the Environmental Management standard) and, most recently, with ISO 9000 (the Quality Management) achieved by the Waste Transfer Station team last month.


The cost for attending the awards ceremony is £119 + VAT per person, excluding any travel and accommodation costs.

The flight costs would be in the region of £100 per person.

Accommodation would be around £75 per person per night.

There is an allowance in the current revenue estimates to cover this expenditure.

Recommendations

The Committee is asked to nominate the Chairman and the Head of Service (or their nominees) to attend the APSE annual seminar and Service Awards dinner.

Decision Tracking

In line with the Council’s decision tracking policy, these recommendations have been allocated to a Council Officer for tracking in this case Tim Walker, Head of Waste Management and all requested actions are to be completed by the 14 August 2009.


APSE – Association for Public Service Excellence

Documents Attached

APSE Annual Seminar Programme

Page 42

APSE annual seminar 2009 Local government front line services: From recession to progression?

Tuesday 8 September

20:00 Seminar reception APSE National Council invites all delegates to join them for a pre-conference reception with refreshments.

Wednesday 9 September

08:45 Registration opens at Cardiff City Hall with refreshments in the exhibition hall.

10:00 Opening and Welcome by The Rt. Hon The Lord Mayor of Cardiff, Cllr Brian Griffiths

10:05 Session one: Progressing from arecession

Chair: Cllr Arwyn Woolcock, APSE National Chair 2008/09

Keynote ministerial address:

Doing more for your money: Dr. Brian Gibbons, Minister for Social Justice and Local Government, Welsh Assembly Government

Where to next? George Jones, Emeritus Professor of Local Government, London School of Economics

Panel question and answer session

11:00 Tea, coffee and exhibition viewing

11:30 Session 2: Leading through a recession

Page 43

Chair: David Stiens, APSE National Secretary 2008/09

Managing budgets; managing public expectations Steve Thomas, Chief Executive, Welsh Local Government Association

Leadership in tough times Martin Horton, Director, Solace Enterprises

Public service transformation: What about the workers? Rachel McIlRoy, Public Sector Policy, TUC

Wake up and smell the coffee! Claire Fox, Director, Institute of Ideas

13:00 Lunch and exhibition viewing

14:15 Session three: Opportunities from adversity; Lessons learned

Colin Jackson Colin Jackson is one of the greatest British athletes of all time. During his time at the top he won twenty-five major championship medals and he still holds both the indoor 60 metre and outdoor 110 metre hurdle World Records today. Throughout his career, Colin has endeared himself to the British public with his fun-loving and down-to-earth personality. From the highs and lows of his career and personal life, from his happy childhood growing up on a council estate in Llanederyn, Cardiff, to the sacrifices and determination that led to his dominance of sprint hurdling. Colin epitomised the emotional ups and downs of the ultimate champion. Colin will discuss the importance of setting realistic goals and visualising and focusing on the end result, no matter what!

Question and answer session


15:30 - 16:45

Thematic sessions (1 to 5)

Breakout session 1: Performance management for Elected Members

A special forum looking at how elected members can utilise performance information and performance management effectively. Includes a complimentary copy of a new research publication on

Page 44

performance management issues for Elected Members.

Speaker: Alan Waters, LGIU

Thematic session 2: Environmental services

§ Creating living streets through community engagement Richard Smith, Head of Business and Consultancy Services, Living Streets

§ Love food, hate waste Julia Falcon, Project Manager, Love Food Hate Waste, Wrap

APSE facilitator: Debbie Johns

Thematic session 3: FM and leisure

§ European city of sport 2009. The big lottery way of life grant Culture, Leisure and Parks Operations, Cardiff Council

§ Promoting healthy eating; controlling prices Elin Cullen, Head of Business and Specialist Services, Carmarthenshire County Council

APSE facilitator: Rob Bailey

Thematic session 4: Roads, highways and street lighting

§ Improving road safety through highways and street lighting Dr Joanne Hill, European Programme Director, EuroRAP

§ Highways investment Adrian Tatum, Editor, The Surveyor

APSE facilitator: Pat Taggart

Thematic session 5: Housing and regeneration

§ Sustainable communities in a downturn Sarah Longsands, Director of policy, CLES

§ New build social housing Steve Warren, Head of Housing Services, Exeter City Council

APSE facilitator: Phil Brennan

APSE Annual General Meeting 2009, Cardiff City Hall

18:30 Registration for AGM: City Hall

Welcome with the Pelenna Male Voice Choir Having accompanied

Page 45

Kathryn Jenkins and other famous Welsh Stars the Pelena Male Voice Choir epitomises one of the most famous and awe-inspiring Welsh traditions.

19:15 AGM: to be held in the Assembly Room, Cardiff City Hall

20:15 Exhibitor reception

Including a hot fork buffet – to be held in the exhibition area, Cardiff City Hall

20:45 ‘An audience with……………….. ’

22:00 Event close

Thursday 10 September

09:00 Registration opens. Exhibition viewing and refreshments

10:00 Session 4: Models for future service delivery

Chair: Cllr Shaun Gallagher, Derry City Council

Commissioning services into the future Professor John Tizzard,Director, Centre for Public Service Partnerships at Birmingham University

Can the private sector model deliver a public service ethos? Brian Devlin, Business Director, AMEY PLC

The arms length approach; Is it an effective solution? Nic Cox, Director, Stockport; Solutions SK

Newcastle’s in-house strategy. Service transformation as we would like to know it Kath Moore, Head of Change and Improvement , Newcastle City Council

Insourcing: We can deliver! Paul O’Brien APSE, Chief Executive


Page 46


12:15 Session 5: Green shoots to recovery

Chair: Ellen Cavanagh, Derry City Council

Why carbon reduction will affect your front line services Stephen Cirell, Head of Local Government, Eversheds

Rethinking ICT ; A tool for greener service delivery Catalina McGregor, founder and chair of the Cabinet Office CIO/CTO Council, Green ICT Delivery Group

Sustainable investment in social housing Sukvinder Kalsi, Assistant Director of Finance, Birmingham City Council


13:15 Lunch and exhibition viewing

14:15 Session 6: Be inspired

In our last plenary session we will host a special guest speaker to leave our delegates inspired to make a change for the better happen!

Our guest speaker will be introduced by Julie Muscroft, Partner, Walker Morris Solicitors.


15:30 Excellence in delivery workshops (6 to 10)

Workshop 6: Facilities Management

§ Deborah Clarke, Strategic Manager, Metrofresh, Wigan Council § Ken Campbell, ASSIST

APSE Facilitator: Rob Bailey

Workshop 7: Roads and street lighting

§ Ian Hudson, Principal Engineer, Cardiff Council § Richard Workman, Director of Technical Services, Carmarthenshire Council

Page 47

APSE Facilitator: Damian Walshe

Workshop 8: Housing, building maintenance and construction

§ Alan Hill, Housing Maintenance Manager, Fife Council § Allan Whyte, Head of Service - Shelter & Environment, Aberdeen City Council

APSE Facilitator: Phil Brennan

Workshop 9: Environmental services

§ Cheryl Sloan and Sean Magee, Swindon Commercial Services, Swindon Council

§ Matt Kelly, Head of Parks & Horticulture, Preston City Council

APSE Facilitator: Debbie Johns

Workshop 10: Leisure and cultural facilities

§ Ian Saunders, Leisure Centres Business Development Manager, Monmouthshire Council

APSE Facilitator: Pat Taggart

16:45 Seminar close

Annual Dinner and Service Awards 2009 sponsored by AMEY plc

18:45 Pre-dinner drinks reception at Cardiff International Arena

19:30 Annual Dinner

21:00 APSE Annual Service Awards 2009 introduced by Mai Davies, Sky News Presenter

22:00 Evening entertainment

23:45 Close and carriages

Book online now

Back to main annual seminar page

Home | Contact | Blog | More news | © 2009 APSE

Page 48


Report to: Health and Environmental Services Committee Subject: Extension of arc21 Contract for the Provision of Haulage

Services Date: 5th August, 2009 Reporting Officer: Tim Walker, Head of Waste Management, ext 3311 Contact Officer: Laurence McQuoid, Waste Manager (Dargan Road), ext 3342


Members will be aware that the arc21 Joint Committee acts on behalf of its 11 constituent councils to procure services in support of the implementation of the Waste Plan.

At its meeting in May 2007, the arc21 Joint Committee approved the award of a haulage service contract for a period of two years, with the possibility of extensions thereafter.

In line with the arc21 “Terms of Agreement” which requires that decisions made by the Joint Committee in relation to contract awards be ratified by all constituent councils the recommendation regarding the haulage service contract was subsequently ratified by the City Council in July 2007.

In line with the opening of the Waste Transfer Station (WTS) at Dargan Road, the haulage service contract started and much of the Council’s waste began to be transported to the arc21 procured landfill sites.

Key Issues

At its recent meeting in May, the Joint Committee considered the performance of the haulage service contract. Between November 2008 and April 2009, OWR (the contractor) had shipped 49,500 tonnes of waste to landfill from the Dargan Road WTS. The Joint Committee considered performance to be satisfactory and, as the contractor has agreed to retain the current terms and conditions of contract as well as the rates and prices for 12 months, the Committee agreed to extend the contract for this period.

As the present contract will terminate in November 2009, the City Council is being asked to ratify the decision of the arc21 Joint Committee in order to continue with its present operations at the WTS.

Agenda Item 4cPage 49


Financial

Financial provision has been made within the current year’s revenue estimates for the arc21 haulage service contract.

Recommendation

The Committee is asked to approve the arc21 Joint Committee decision to extend the existing haulage service contract for a period of twelve months under the present terms and conditions of contract and rates schedule.


NIEA – Northern Ireland Environment Agency WTS – Waste Transfer Station

Decision Tracking

The Head of Service will liaise with arc21 to ensure that the necessary documentation is finalised following the Committee’s decision.

Page 50


Report to: Health and Environmental Services Subject: Northern Ireland Landfill Allowances Scheme and Recycling

Rate Update Date: 5th August, 2009 Reporting Officer: Tim Walker, Head of Waste Management, Ext 3311 Contact Officer: Brendan Murray, Business Support Officer, Ext 3333


To update the Committee on the Council’s current and predicted performance in relation to the NILAS and the NI Waste Strategy targets.

Key Issues

NILAS Members will be aware that the Service has been providing regular updates on the Council’s performance against the Northern Ireland Landfill Allowances Scheme (NILAS) targets which have been set by the Department of the Environment (DOE) for each council on an annually reducing basis between 2006 and 2020. These allowances incorporate the step change reductions in the amount of biodegradable municipal waste (BMW) permitted to be landfilled by each council in 2010, 2013 and 2020 (the EC Landfill Directive (LFD) target years). As can be seen from Appendix 1, NILAS projections, the Council met its NILAS obligations in the 2008/09 financial year with a margin of approximately 11,800 tonnes to spare. This is a positive picture and reflects primarily a reduction in the Municipal Solid Waste (MSW) arisings growth rate, combined with favourable tonnages recorded for the diversion of waste from landfill which is being achieved by the kerbside collection schemes and Recycling Centres. It should be noted that the scenario in Appendix 1 presents a situation where the large scale processing facilities being procured by arc21 (i.e. Mechanical Biological Treatment (MBT) and Energy from Waste (EfW) plant) are not in place for the target years of 2009/10 and 2012/13 . This scenario also takes a single council approach and does not take into account the transfer of excess allowances between the constituent councils of arc21.

Agenda Item 4dPage 51

With the above points in mind it is evident that from 2009/10, the first landfill directive target year, the Council is likely to breach its allowance by approximately 2,100 tonnes. This is a decrease in the level of exceedence, as this revised model incorporates the latest data available from the April – June 2009 quarter and is based on the mass balance calculations used by the NIEA’s WasteDataFlow software, thus providing a more accurate reflection of the true market trends in what is, a target year.. Modelling carried out by arc21, shows that by adopting a collective approach in achieving NILAS within the region, and applying the new 64% biodegradable factor, the constituent councils will meet collectively their NILAS obligations up to 2012/13. The projections in relation to the Council are based on a number of key assumptions:

• MSW arisings exhibit zero growth rate in 2009/10, in line with recent market trends and as applied to the 2009/10 Waste Management revenue estimates. This is followed by a return to the 0.2% growth rate trendline from 2011/12.

• A revised Mass Balance calculation incorporating a 64% biodegradable factor from 2009/10, in line with the amended legislation applied by the DOE and replacing the earlier 71% figure.

• The provision of a suitable facility for the treatment of food waste is not likely to be available until November 2009 and this would be deemed as an inappropriate time to introduce the scheme to householders, thereby delaying the implementation of food waste into brown bins until March 2010.

• No MBT or EfW capacity will be available in the 2009/10 and 2012/13 target years.

• The Council adopts a single council approach towards meeting its NILAS objectives, rather than an arc21 collective one

As stated above, the original NILAS model has been developed to enhance the predictive accuracy in this the first EU landfill Directive year. The Service is working closely with arc21 to explore options which would reduce the level of exceedence of the allowance from 2009/10 onwards. Recycling Rate As outlined in Appendix 2, Projected Household Recycling Rate, the rate for the 2008/09 financial year-end was 26%. This is 3% up on the previous year and 3% above the year end Departmental Plan target figure. It is anticipated that this level will increase slightly by 1% in 2009/10, and then witness a further 3% increase in 2010/11 with the introduction of the food waste into the brown bin. These rates may be improved further with the introduction of a kerbside collection scheme for glass which is being examined throughout arc21 and the potential roll-out of the pilot kitchen waste collection scheme to the households on the black box scheme.


Financial In view of the Council’s projected breach of its NILAS allowance in the current year, it will be reliant on the transfer of allowances from other arc21 councils to avoid liability to financial penalties at year end.

Page 52

Human Resources No human resource implications associated with this report. Asset and Other Implications No other implications associated with this report.

Recommendations

The Committee is requested to note the NILAS and recycling rate updates.


NILAS – Northern Ireland Landfill Allowance Scheme DOE – Department of the Environment MBT – Mechanical Biological Treatment EfW – Energy from Waste LFD – EC Landfill Directive DEFRA – Department of Food, Environment & Rural Affairs

Documents Attached

Appendix 1 – NILAS Projections Appendix 2 – Recycling Rate Projections

Page 53

BLANK PAGE

Page 54

APPENDIX 1Page 55

APPENDIX 2Page 56


Report to: Health & Environmental Services Committee Subject: Recovery and Refurbishment of Goods and Items deposited

at Household Recycling Centres Date: 5th August, 2009 Reporting Officer: Tim Walker, Head of Waste Management, ext 3311 Contact Officer: Martin Doherty, Waste Education & Business Development

Manager, ext 3270


Members will be aware of the increasing need to reduce and reuse as much as possible of the waste produced within Belfast in order to become more sustainable and meet our Waste Plan targets. One way in which this can be demonstrated easily to members of the public is at the Council’s four Household Recycling Centres (HRCs). These facilities receive a wide range of items which could be repaired and given a new lease of life. Getting and keeping the public interested in using the HRCs is critical in maintaining usage levels and achieving better recycling levels. One of the on-going challenges at these facilities is to encourage members of the public to separate out their different wastes, particularly at times of peak use. The Waste Management Service is developing different strands in our present communications campaign which will highlight this, and we are also exploring having a “green butler” service. This would assist members of the public in segregating their own waste to see if they could separate out more items and generally improve on their existing recycling habits. These new campaigns would also benefit if it was possible to reuse the recovered items deposited at the HRCs by repairing them for possible resale. This could add a new community dimension to the HRCs and help increase the public’s understanding of the waste hierarchy. Since the HRCs opened four years ago, the Service has received many requests from a variety of sources to remove items for refurbishment and these have increased recently, possibly due to individuals increasingly recognising the value in some of the items discarded by fellow members of the public and the increased pressures arising from the recession. Recent television programmes and newspaper articles have further highlighted the potential value which may be had from waste items discarded at HRCs and has increasingly made it more socially acceptable and fashionable to reuse these materials.

Agenda Item 4ePage 57

This approach to the reuse of items has been used elsewhere in several English councils and has recently been launched in Banbridge District Council which has established a restoration facility and community shop at its main HRC. The Service now wishes to consider the viability of such a scheme at our HRCs and to investigate which method would provide the best outcome in terms of value for money and promotion of waste reduction and reuse. We wish to investigate the opportunities for business growth and would work in conjunction with Economic Initiatives to maximise job creation. As there are existing organisations currently undertaking reuse schemes which could run such an initiative in partnership with the Council, it is proposed that “expressions of interest” be sought from the private and community sector outlining how they would deliver such a scheme for Belfast. It is anticipated that scheme proposals may also incorporate alternative media tools to promote and facilitate the recovery and reuse of items from the Council’s HRCs. Following receipt of the expressions of interest the Service would seek to develop a specific scheme for the recovery and reuse of items from our HRCs and present a further report to the Committee outlining how this would work. Any removal of items from the HRCs would be governed by the appropriate legislation and all parties involved would have to adhere to the Service’s health and safety management system.

Key Issues

The need to increase the public’s understanding of how to better manage materials in order to replace the throw-away culture with a more sustainable alternative is essential. The development of a recovery and reuse scheme for Belfast provides a practical method to demonstrate waste prevention. Already there is a growing network of organisations in Northern Ireland which actively seek items for repair and refurbishment, including Bryson White, Restore, and Voluntary Services Lisburn. Providing an additional service at the Council’s HRCs to increase the recovery of items could increase our recycling rate and reduce the amount of waste going to landfill, thereby making savings in terms of avoided costs for landfill gate fees and landfill taxes.


Given that the Service is merely seeking expressions of interest, it is anticipated that any scheme for Belfast would not be operational until the 2010 financial year. Revenue provision for establishing such a scheme would therefore be made in the preparation of next year’s Revenue Estimates subject to Committee and Council approval of the detailed arrangements and the associated net costs.

Recommendations

Members are requested to grant approval to seek “expressions of interest” to develop a scheme for the recovery and reuse of household items received at the Household Recycling Centres as described above.

Page 58

Decision Tracking

If approved by Council the Head of Service will initiate a call for expressions of interest. Following receipt of proposals, the Service will consider how such schemes may work and will present a further report to the Committee for consideration.


HRCs – Household Recycling Centres.

Documents Attached

None.

Page 59

BLANK PAGE

Page 60


Report to: Health and Environmental Services Committee

Subject: Internal Waste Characterisation Study

Date: 5th August, 2009

Reporting Officer: Tim Walker, Head of Waste Management, ext 3311

Contact Officer: Tim Walker, Head of Waste Management, ext 3311


Within strategic theme 3 of the 2008-2011 Corporate Plan, the Council has committed to a key objective of being on course to achieve zero waste to landfill in Belfast by 2015. An internal Waste Plan has been developed to ensure that the Council manages its internal waste in line with the zero waste to landfill objective. This approach is similar to the policy adopted by Central Government to ensure that its Departments’ waste management practices align with the NI Waste Strategy 2006-2020. The Waste Plan forms a strand of the Council’s Sustainable Development Action Plan 2009-2011, which seeks to ensure that the Council is leading by example with regard to all aspects of environmental stewardship. The Sustainable Development Action Plan 2009-2011 was adopted by the Council at its meeting of 1 July 2009. A fundamental component of the Waste Plan is the completion of a Waste Characterisation Study to provide accurate data regarding waste generation at Council premises thereby ensuring that subsequent resources and efforts are targeted effectively. The study will build on a previous exercise completed during 2006 and will involve employing a consultancy, by way of a quotation exercise, to characterise and quantify the types of waste arising from a sample of Council premises in order to identify areas of legislative non-compliance, opportunities for economic and operational efficiency savings, performance management requirements and areas for improving existing waste management practices. Both site-specific and systemic issues will be addressed. Due to the seasonal nature of both Council operations and waste arisings, the characterisation study is to consist of a winter study and a summer study for accuracy and maximum benefit.

Key Issues

A budget allocation of £57,000 for Better Care for Belfast’s Environment has been made available from the Thematic Budget 2009/10, as approved by Council on 1st July 2009. The characterisation study was part of the outcome of the initial scoping of projects which informed the proposed thematic allocations presented to the SP&R Committee in June. However, owing to the timing of the approval, it will now prove impractical to engage a contractor in time to complete the 2009 summer study.

Agenda Item 4fPage 61

Accordingly, it is anticipated that if approval for the project is granted the summer part of the study will have to be conducted in 2010. Consequently since the Thematic Budget was allocated on condition that funds be dispersed strictly within the 2009/10 financial year it is proposed that the study be split into two stages, each to be funded separately as follows:- Stage 1: To consist primarily of the preliminary investigations, winter study and interim report; this stage will be completed by March 2010, ie. within the 2009/10 financial year and is expected to cost approximately £20,000. This stage will be funded through the thematic budget allocation. Stage 2: To consist primarily of the summer study and final report; this stage will conclude by autumn 2010, i.e. within the 2010/11 financial year and is expected to cost approximately £10,000. Allowance for this amount will be included in the 2010/11 revenue estimates, if approved. Completion of this study will help to ensure that the Council realises the operational and financial efficiencies associated with comprehensive waste management practices. Moreover, the introduction of improved waste management practices will also ensure that Council continues to be recognised for environmental excellence via independent benchmarking studies such as the Business in the Community Arena Network Environmental Survey


Financial, Human and Asset

Financial: Both stages of the Waste Characterisation Study are expected to cost a maximum of £30,000. Human: The study will be conducted by an external consultancy with the co-operation of relevant Council staff. The study will be overseen by the Waste Management Project Officer in the course of his duties. Asset: There are no associated implications for Council assets.

Recommendations

That Committee approve a two stage approach to the completion of the Waste Characterisation Study with stage 1 being completed by March 2010 with the estimated £20,000 cost being funded from the approved Thematic Budget and stage 2 to be completed by Autumn 2010 with provision for the estimated cost of £10,000 being included in the 2010/11 draft revenue estimates.

Decision Tracking

Subject to Council approval of the recommendations the Head of Service will ensure that the procurement exercise for the Waste Characterisation Study is completed and that the estimated £10,000 of expenditure for stage 2 is included in the draft revenue estimates for 2010/11.

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Report to: Health and Environmental Services Committee Subject: Review of Pilot Kitchen Waste Collection Scheme Date: 5th August, 2009 Reporting Officer: T Walker, Head of Waste Management, ext 3311 Contact Officer: J Shields, Waste Manager (Education, Contracts & Operations),

ext 3338


Rationale for the current pilot scheme

Members may recall that approval was granted in December 2007 to implement a trial kitchen waste collection service the following year. This proposal had been developed in light of the then emerging risk of delays with the provision of waste treatment infrastructure through the various arc21 contracts and the attendant risk of liability to severe penalties for failure to meet Council targets under the Northern Ireland Landfill Allowance Scheme (NILAS) and the EC Landfill Directive. Kitchen waste was one of a number of waste streams that had been examined with a view to identifying practicable and cost effective ways of diverting additional organic waste away from landfill. The trial kitchen waste collection service was designed to capture such waste from the majority of households in Belfast that do not have a brown bin. As the Committee is aware kitchen waste will be incorporated in the routine brown bin collections from the 60,000 households served by the three bin system in early 2010 when the arc21 organics contractor will be in a position to accept and process such waste through the in-vessel composting facility.

Members may also recall that prior to commencement of the pilot scheme the Committee granted approval to increase the scale of the pilot from 2,000 households to 7,500. After an initial three month period the Committee considered an evaluation of the operational feasibility and performance of the pilot and agreed to extend the life of the scheme until October 2009.

The purpose of this report is to consider next steps in light of prevailing circumstances and from a risk management perspective, particularly in relation to the Council’s vulnerability to financial penalty.

In this regard the Committee has been receiving regular updates on the Council’s performance against the Northern Ireland Landfill Allowances Scheme (NILAS) targets for some time and will be aware that this year we will exceed our landfill allowance for the first time (see report 4(d)). The Council will therefore be reliant on transfer of unused allowances from other arc21 Councils to avoid liability to penalties. The medium term projections, specifically in 2012, are however a matter of some concern.

Agenda Item 4gPage 63

As has been reported previously in successive NILAS updates and other reports arc21 Councils’ ability to landfill within their collective allowances only extends into 2012 and beyond if the first of the MBT facilities required under the residual waste treatment project is operational. Without such a facility Belfast City Council’s individual liability to penalties is expected to be well in excess of £3m in that year.

Outline of the Current Scheme

The current pilot provides a dedicated weekly kitchen waste collection service to over 7,000 households in a range of house types in areas which previously had a weekly collection of both the recyclables black box and the residual waste black bin. During the trial the recyclable black box has remained a weekly collection but the residual waste black bin was changed to a fortnightly one. The dedicated kitchen waste collection is also weekly and occurs on the same day as the black box collection. Each household was issued with a seven litre capacity food caddy which is kept inside, liner bags and a larger 21 litre capacity caddy for storage outside. The food waste is placed into the small caddy in the corn starch liner bags which are tied and then placed into the outside caddy for collection. The average participation rate achieved is 41% and the set out rate is 28%. The participation rate is the proportion of households in the area served putting out a container at least once within a three week period. The set out rate is the proportion of households in the area served setting out a container on any collection day. The weekly yield is approximately 1.1kg per household, which has been stable for most of the year.

The total annual net running cost of the scheme is approximately £151,000 which includes the collection, treatment, promotion and provision of consumables (including liners). It also includes the cost of an entry squad and enforcement officer as experience to date has indicated that such resources are required but it is believed that once such a collection regime has been firmly established and rolled out generally in the city this particular support would no longer be required. This would substantially reduce the overall running costs.

Proposed Next Steps

As has been stated above, when the original proposal for the kitchen waste collection scheme was devised it was recognised that the potential to divert in the region of 6,000 tonnes of additional organic waste away from landfill through such a scheme would substantially mitigate the Council’s liability to financial penalty in 2012 if the first arc21 MBT facility could not be operational in that year. The uncertainty over the operational date for that facility is undiminished. arc21 continues to consider ways of mitigating the risks associated with current and potential new sources of delay but there remains clear potential for heavy financial penalty on the Council in 2012/13. Against this background it would be proposed therefore that the current trial be extended for a further year. At the end of that year greater clarity could be expected concerning the likelihood and magnitude of penalty liability in 2012 providing a firmer basis for decision concerning the roll out of the pilot scheme more widely in the 65,000 households in the twin bin and black box areas.

During this extended period the Service will continue to work closely with Cleansing Services to address several operational issues identified over the past year, such as managing the presentation of wastes, which has involved use of the Council’s Enforcement Protocol. The Service will also benchmark against other councils in England which have similar kitchen waste collection services in place. Furthermore, WRAP is interested in working with Belfast to address many of these issues, as they are likely to be relevant to other cities in the UK. The Committee is also requested to consider a proposal received from Bryson Recycling to trial a combined collection (i.e. the kitchen waste would be collected on the same vehicle as that which collects the black boxes) using the same approach as the

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current pilot scheme whereby the households selected for any trial would shift onto a fortnightly residual waste collection service, if not already on one. This is an operational proposal in that they would provide a combined collection scheme using spare capacity from the current Castlereagh Borough Council kitchen waste collection scheme. Given this combined operation, however, the vehicle is only able to service around 700 households per day, meaning that an additional 2,100 households would need to be identified for a new kitchen waste collection scheme trial to provide a suitable number of households. These households would also need to be visited and have suitable kitchen caddies and bags issued, and be introduced onto an alternate weekly collection regime for the residual waste black bin. The Council’s current dedicated kitchen waste collection scheme covers around 1,800 households per day. This combined collection scheme may be cheaper to operate than the two separate operations whereby the kitchen waste collection service is provided by the Council’s Cleansing Service and the black boxes are serviced by Bryson Recycling. The advantage of running these two schemes side-by-side would be to permit the Council to assess whether there’s a benefit in continuing to provide a kitchen waste collection service and, if so, whether it is more efficient, effective and economic to do so using a dedicated or combined collection service.

Key Issues

The pilot kitchen waste collection scheme was initially proposed to assess the benefits, performance and operational implications of having an enhanced collection service in some areas of the city served by the twin bin scheme and the black box and bin scheme which would otherwise not have an opportunity to divert kitchen waste from landfill. It was hoped that, following an initial trial period which was extended up to October 2009, an assessment could be made on whether there was a business case to extend this scheme to all households within the twin bin and bin and box areas. Presently, the participation rate in the pilot scheme for Belfast is 41% and the set-out rate is 28%. The weekly yield is roughly 1.1kg which has been stable for most of the year. These participation rate figures are better than a number of similar English councils which have been operating a kitchen waste collection service over a number of years (e.g. Tower Hamlets – 27%, Richmond – 35%) and is just below Preston City Council’s performance (45%). The Service used Preston City Council as a benchmark when developing the initial proposals for the pilot kitchen waste collection scheme. There is a definite environmental benefit in terms of diverting kitchen waste from landfill and clear financial advantages in being able to do so in 2012 if an MBT facility is not available. Furthermore, if the current kitchen waste collection service were to be terminated there could be a reputational risk to the Council regarding why this scheme had stopped – especially if the Council revisited it at a later stage. There would also be operational costs and difficulties in re-launching such a scheme in a few years time. Given the current uncertainty regarding the timetable for the award of the MBT contract it is not considered appropriate at this time to recommend that the Council adopts this approach across the remainder of the 65,000 households not presently on the scheme. Equally, however, it remains a distinct possibility that expansion of the scheme may become financially compelling in another year.

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It is also recommended that consideration be given to a proposal received from Bryson House which provides the Council with an additional opportunity to compare the efficiency and effectiveness of the present dedicated kitchen waste and black box schemes with a combined scheme which would service both simultaneously. This would also provide an opportunity for an economic comparison to be undertaken during such a trial. Extending the current pilot kitchen waste collection scheme until October 2010 and trialling the Bryson Recycling proposals over the same period would permit the Service to work with both Cleansing Services and WRAP to address some of the operational issues which have arisen in the first year. Furthermore, this extension would permit an economic appraisal to be conducted to assess whether such a proposal could make a positive contribution to the Council’s efforts to divert waste from landfill in a cost-effective manner later in the programme.


Financial As the revenue estimates for 2009/10 include the costs of the existing pilot for 6 months, the additional funding required for the remainder of the financial year would be £75,000. Members are aware of delays in the commencement of the arc21 organics contract and these delays will produce estimated savings of £92,000 during 2009/10 which could be diverted to fund the proposed extension to the pilot. The Bryson Recycling proposal requires £60,000 funding for a twelve month period which is inclusive of savings arising from the diversion of waste from landfill. It is also the case that the entry squad and Enforcement Officer deployed under the existing pilot would cover this additional area. So for the period October 2009 to March 2010 approximately £30,000 is needed to operate the scheme. This proposal could be funded through the balance of the savings in the organics contract as mentioned above i.e £17,000 and a further £13,000 arising from operational efficiencies at the Waste Transfer Station. An increase of £13,000 to the revenue estimates for 2010/11 would also be required to cover the scheme from April to October 2010. Human Resources The extension to the pilot kitchen waste collection scheme will require additional time spent to work with WRAP to identify best practice and apply it in the 7,000 household area. The Bryson Recycling trial will require initial support in promoting the scheme and visiting householders with supporting educational materials. This proposal would require an extension to the secondment of the current enforcement officer for a 12 month period. Asset and Other Implications None

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Recommendations

Members are asked to note the above report on the pilot kitchen waste collection scheme and to approve the extension of the scheme until 3 October 2010, including the extension of the current enforcement officer secondment for a further 12 month period. Members are also asked to approve the second pilot scheme which would run concurrently with the Council-operated one.

Decision Tracking

If approved, the Head of Service will liaise with both Cleansing Services and Bryson Recycling to identify suitable areas for the pilots and will move to implement the schemes from 5 October 2009.


APSE – Association of Public Sector Excellence BMW – Biodegradable Municipal Waste MBT – Mechanical/Biological Treatment Facility NILAS – Northern Ireland Landfill Allowance Scheme WRAP – Waste & Resources Action Programme

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BLANK PAGE

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Report to: Health and Environmental Services Committee Subject: Naming of Streets Date: 5th August, 2009 Reporting Officer: Trevor Martin, Head of Service, ext 2450 Contact Officer: John Cassidy, Business Support Manager, ext 2422


The power for the Council to name streets is contained in Article 11 of the Local Government (Miscellaneous Provisions) (NI) Order 1995.

Key Issues

To consider the following applications for the naming of new streets in the City. Proposed Name Location Applicant Torrens Park Off Torrens Road, BT14 NIHE Torrens Link Off Torrens Road, BT14 NIHE The application particulars are in order and the Royal Mail has no objections to the proposed names. The proposed new names are not contained in the Council’s Streets Register and do not duplicate existing approved street names in the City.


There are no Financial, Human Resources or Assets and other Implications in this report.


Recommendations

Based on the information presented, the Committee may either:

• Grant the applications, or

• Refuse the applications and request the applicant/s to submit another name for consideration.

Decision Tracking

If the decision is to refuse the application, then a letter will be sent to the applicant within 5 days of the Council decision, requesting that they submit an alternative name. If the decision is to grant the application, then the applicant and all relevant organisations are advised within 14 days of the Council decision. The person responsible for the actions above is Trevor Martin, Head of Building Control


None

Documents Attached

None

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Report to: Health and Environmental Services Committee Subject: Information Sharing Protocol between the Council and

Land and Property Services Agency Date: 5th August, 2009 Reporting Officer: Mr Trevor Martin, Head of Service, ext 2450 Contact Officer: Mr Mark Mulholland, Policy Officer, ext 2373


Members are aware of the close relationship between the Council and the Land and Property Service (LPS). To enhance the effectiveness of this relationship a Memorandum of Understanding (MOU) was established between both organisations effective from 1 July 2009. This MOU was presented to the Strategic Policy and Resources Committee on 19 June 2009 and ratified by full Council on 1 July 2009. Within the framework of this MOU there is an agreement to share information between both organisations through an agreed Information Sharing Protocol (ISP). The Information Commissioners Office (ICO) recommends the use of an ISP as best practice for organisations which share data during the course of their organisational relationships.

Key Issues

The purpose of this ISP is to facilitate the sharing and disclosure of personal and property data between the Service and the LPS. It is intended that this ISP will provide the framework for which other data and information held by both organisations can be shared to secure a more equitable rates base for the citizens of Belfast. The statutory basis which enables the Council to disclose personal information to the LPS for the purposes of this agreement is provided for within Articles 26 & 57 (1) of the Rates (Northern Ireland) Order 1977; these provisions are appended to the ISP. The information to be shared under this agreement will allow both organisations to work collaboratively with a view to securing proper payment of rates by property owners across the City. This information will also assist the LPS in maintaining the valuation list. A more accurate valuation will enable better financial planning for the Council and promote the economic well being of the City in line with our corporate objectives.


The exchange of information between both organisations will fully comply with relevant legal and statutory obligations of both organisations. The information shared under this agreement will cover two way exchanges of data between the parties to this agreement. Representatives from the Council and LPS have worked closely and had this agreement formalised with the ICO to ensure disclosure of information under this agreement is legitimate and complies with the principles of the Data Protection Act 1998. The Service ensures that all its customers and people who make applications to it are informed that their information can be lawfully transferred to another organisation when it is their statutory duty to do so. The Service by virtue of the ISP is attempting to be transparent to the public in respect of the information it shares with other organisations. This ISP also provides for the quality of data which is exchanged, how such data is retained and destroyed and security arrangements relating to the sharing of information. This agreement is a voluntary arrangement and can be suspended by either party where they feel the agreement has been broken. It has been agreed that in such circumstances both organisations would accept the ICO being an independent adjudicator when disputes arise from this ISP. In creating this protocol the Service has liaised with the Legal Services Department, and the Office of the Information Commissioner. The contents of the ISP have been approved by both parties and reflect other ISP used by the Council.


Financial

There are no additional financial implications arising from adoption of this agreement. Human Resources This agreement does not give rise to additional workloads as it formalises work which is already being undertaken.

Recommendation

The Committee is requested to note the establishment of the Information Sharing Protocol.

Abbreviations

LPS – Land and Property Services ICO – Information Commissioners Office ISP - Information Sharing Protocol MOU – Memorandum of Understanding

Document Attached

Information Sharing Protocol

Page 72

AGREEMENT FOR SHARING OF

INFORMATION

BELFAST CITY COUNCIL

LAND AND PROPERTY SERVICES

Page 73

1. INTRODUCTION 1.1 This agreement dated the day of 2009 is between:

Belfast City Council (BCC); Land and Property Services (LPS)

1.2 The agreement will come into effect on the above date. 1.3 In this agreement the words and expressions shown hereunder shall have the following

meanings-

Data Information which:

(a) is being processed by means of equipment operating automatically in response to instructions given for that purpose;

(b) is recorded with the intention that it should be processed by such equipment;

(c) is recorded as part of a relevant filing system;

(d) does not fall within paragraph (a), (b) or (c) but forms part of an accessible record as defined by Section 68 of the Data Protection Act 1998; or

(e) is recorded information held by a public authority and does not fall within any of paragraphs (a) to (d).

Data Controller A person who (either alone or jointly in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be processed.

Data Processor In relation to personal data any person, (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller.

Data Subject An individual who is the subject of personal data.

Personal Data Data which relate to a living individual who can be identified-

(a) from those data; or

(b) from those data and other information which is in the possession of, or is likely to come into the possession of, the Data Controller, and includes any expression of opinion about the individual and any indication of the intentions of the Data Controller or any other person in respect of the individual.

Sensitive Personal Data

Personal data consisting of information as to:-

(a) the racial or ethnic origin of the data subject;

(b) his/her political opinions;

(c) his/her religious beliefs or other beliefs of a similar nature;

(d) whether he/she is a member of a trade union (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992);

(e) his/her physical or mental health or condition;

(f) his/her sexual life;

(g) the commission or alleged commission by him/her of any offence; or

(h) any proceedings for any offence committed or alleged to have been committed by him,/her the disposal of such proceedings or the sentence of any court in such proceedings.

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Processing Means obtaining, recording or holding information or data or carrying out any operation or sets of operations on the information or data, including-

(a) organisation, adaptation or alteration of the information or data;

(b) retrieval, consultation or use of the information or data;

(c) disclosure of the information or data by transmission, dissemination or otherwise making available; or

(d) alignment, combination, blocking, erasure or destruction of the information or data.

Secondary Processing Processing for a purpose other than that set out herein at paragraphs 2.1 and 2.2 post.

The Act

Data Protection Act 1998.

1.4 The Building Control Project is part of a wider project aimed at promoting sharing of relevant information to create a fairer rates base for the people of Belfast

2. Purpose 2.1 The purpose of this agreement is to facilitate the sharing/disclosure of personal and

property data and or sensitive personal data between the organisations listed at 1.1 to further the objectives of the efficient and effective delivery of key data sets to the Commissioner of Valuation and District Valuer to enable timely and accurate revaluations and maintenance of the valuation list, the mapping of change in the valuation list and property datasets, the production of statistical reports on the commencement and completion of property development, the maintenance of the vacant property schedule, timely and accurate maintenance of the Pointer address and spatial datasets, calculation of the penny product and maintenance of the property gazetteer more particularly described herein.

2.2 Description of information.

(a) The information to be shared between these organisations under this

agreement will consist of:

• Details of persons

• Details of properties

(b) This information is hereinafter referred to as ‘the relevant information’ 2.3 Sharing this information will:-

(a) enable statutory powers to work collaboratively and effectively with a view to securing proper payment of rates by property owners.

(b) enable the LPS to better maintain the valuation list (c) better financial planning enabling Belfast City Council to strike a more equitable

rates base and promote economic well being throughout Belfast.

2.4 The parties agree that the relevant information shall not be used for any purpose other than that specified at 2.3 (a), (b), (c) and 2.4.

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3. Information Exchange 3.1 It will be the responsibility of the signatories to this agreement to ensure that there

is full compliance with the Data Protection Act 1998, the Human Rights Act 1998, Freedom of Information Act 2000, Environmental Information Regulations and the common law duty of confidentiality and any other enactment or other rule having force of law in Northern Ireland in so far as they apply to the information exchange taking place under the terms of this agreement.

3.2 Further, the parties agree to ensure that within their respective organisation:

(a) Ethical standards are maintained;

(b) All data is securely stored;

(c) Reasonable steps are taken to ensure that the data is accurate;

(d) A mechanism exists by which the exchange and disclosure of information can be controlled;

(e) Appropriate training is provided for employees involved in the agreed process of information exchange;

(f) Adequate arrangements exist to test adherence to this agreement.

3.3 Information exchanged under this agreement will cover two way exchanges of data

items.

The data items which will be exchanged are included as Appendix A of this agreement. Appendix A Schedule 1 Belfast City Council – Land and Property Services Schedule 2 Land and Property Services – Belfast City Council

4. Personal Data – Power to disclose

4.1 This agreement is intended for use where the disclosure is necessary for the for the purposes set out in paragraph 2 of this agreement. .

4.2 This agreement does not impose a legal duty to disclose information in any particular

case, nor does it provide the legal power to demand disclosure.

4.3 Each of the parties involved in any information sharing arrangement is responsible for their own information and therefore must be sure that they have the power to disclose the relevant information.

4.4 In disclosing the relevant information the Council relies on its duties under the Rates (Northern Ireland) Order 1977, Articles 26 and Article 57 (1) to:

a) Art.26 Power of Department to require information as to ownership; b) Art.57 Duties of public bodies with respect to alterations in the valuation list The full extracts of the legislative provisions mentioned above are included at Appendix B.

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5. Compliance with the Data Protection Principles 5.1 The Data Protection Act 1998, allows legitimate disclosure of information for:

• the purpose of discharging statutory functions;

• Collection of taxes and duties.

5.2 As the information held in respect of the Building Control Project is shared for all of the purposes above, the individual does not require to be advised that his/her information is being processed.

5.3 All parties to this agreement agree that the relevant information which they are

disclosing under this agreement is

(a) adequate, relevant and not excessive in relation to the purpose outlined at paragraph 2 above;

(b) accurate and up to date and maintained to the standards contained in the Data Protection Act;

6. Retention and Destruction of Data 6.1 The relevant information will be retained by the party to whom it is disclosed until

such time as it is no longer required for the specified purpose. At the expiry of that period, the relevant information will be destroyed by the party to whom it has been disclosed and a schedule of destruction will be maintained in relation to the relevant information.

7. Data Quality 7.1 Any relevant information discovered to be inaccurate or inadequate for the specified

purpose will be brought to the notice of the originator of the data. The originator will be responsible for correcting the data and notifying all other recipients of the corrections.

8. Subject Access

8.1 If either party to this agreement receives a subject access application and personal

data is subsequently identified as having originated from the other party, it will be the responsibility of the receiving party to contact the originator of the data to determine whether the originator wishes to claim an exemption under the provisions of the Act.

9. Security 9.1 Each of the parties to this agreement is responsible for ensuring that they have

appropriate security arrangements in place. They will consider how the relevant information will be stored, accessed, transmitted and destroyed.

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9.2 The Designated Officer for each party will ensure that adequate steps are taken to

prevent-

(a) accidental or deliberate destruction of the information;

(b) accidental or deliberate modification of the information;

(c) deliberate and unauthorised unavailability of the information;

(d) unauthorised access to information or to any computer system containing the information;

(e) misuse of the information contained in the data.

9.3 Each party to this agreement has identified designated officers within their organisation to assume responsibility for compliance with the terms of this agreement.

NAME POSITION ORGANISATION


LPS

10. GOVERNING LAW AND JURISDICTION

10.1 The terms of this agreement shall be governed by and construed in all respects in accordance with the laws of Northern Ireland and the parties agree to submit to the exclusive jurisdiction of the Northern Ireland Courts as regards any claim or matter arising in respect thereof.

11. SEVERANCE AND UNENFORCEABILITY

11.1. If any provision, or part thereof, of this agreement shall be, or is found by any authority or court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions, or parts thereof, of this agreement, all of which shall remain in full force and effect.

11.2. If any invalid, unenforceable or illegal provision, or part thereof, would be valid, enforceable or legal if some part of it were deleted, the provision, or part thereof, will apply with whatever modification is necessary to give effect to the intention of the parties as appears from the terms of this agreement.

12. TERMINATION

12.1 A party to this agreement can terminate their participation in this agreement by providing to all other parties 2 (two) months written notice.

12.2 Both parties agree that they will seek adjudication from the Information Commissioners Office on any matters of dispute arising from this agreement

12.3 If a serious breach arises in respect of the sharing of information, immediate action will be taken to suspend the agreement until such times as the breach is remedied.

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13. Data Protection, Human Rights and Freedom of Information, Environmental Information Regulations

13.1 The parties to this agreement acknowledge that it will be their individual

responsibility to process or otherwise deal with information in accordance with the provisions of the Data Protection Act, Human Rights Act, Freedom of Information Act, Environmental Information Regulations and other relevant obligations arising in law.

13.2 The parties hereto acknowledge that they are aware of their obligations with regard

to the control and processing of data. 13.3 The parties agree that prior to dealing with any request made under the Freedom of

Information Act, to consult any other party who may be affected by the release of the information requested.

The names of signatories for and on behalf of and authorised by each party are listed below-

Name Post Organisation

……………………………………………… …………………………………………. BCC

……………………………………………… …………………………………………. LPS

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Appendix A

Schedule 1

Information processed by Belfast City Council to Land and Property

Services

Schedule 2

Information processed by Land and Property Services to Belfast City

Council

Page 80

Appendix B

Rates (Northern Ireland) Order 1977

Power of Department to require information as to ownership, etc., of hereditaments

26.—(1) The Department may, for the purposes of this Order, serve a notice on the occupier of any

hereditament, or a person paying rent in respect of a hereditament, requiring him to state to the

Department in writing, within a period and in the manner specified in the notice,—

(a)the nature of his own interest therein;

(b)the rate at which rent (if any) is payable by him and the dates on which it falls due;

(c)the amount of rent (if any) then due from him;

(d)the name and address of the owner of the hereditament.

(2) Where the Department has reason to believe that a person is receiving or is entitled to receive

rent in respect of a hereditament in the capacity of agent or trustee for any other person, the

Department may, for the purposes of this Order, serve a notice on him requiring him to state to the

Department in writing, within a period and in the manner specified in the notice,—

(a)the nature of that capacity;

(b)the name and address of that other person;

(c)such particulars of—

(i)the rents paid or payable to him in that capacity,

(ii)the hereditaments in respects of which the rents are payable, and

(iii)his receipts and disbursements on account of such rents,

as are required by the notice.

[F1(2A) If a hereditament to which Schedule 8A applies is unoccupied and the name and address of the person entitled to

possession of it are unknown to the Department, the Department may, for the purposes of this Order, serve a notice on any

relevant person requiring him to provide to the Department in writing, within a period and in the manner specified in the notice,

such prescribed information in respect of that hereditament as is required by the notice and is within his knowledge or control. (2B) In paragraph (2A) “relevant person” means a district council or any person who the Department has reason to believe is

or has been— (a)a person on whom a notice may be served under paragraph (1) or (2);

(b)a person entitled to possession of the hereditament;

(c)a person doing estate agency work (within the meaning of the Estate Agents Act 1979);

(d)a statutory undertaker (within the meaning of the Planning (Northern Ireland) Order 1991 (NI

11)); or

(e)a communications provider (within the meaning of the Communications Act 2003 (c. 21)) or a

public telecommunications operator (within the meaning of the Telecommunications Act 1984 (c.

12)).]

(3) Where a notice is served on a person under [F1 this Article] he shall comply with the notice.

(4) In this Article—

“hereditament” includes part of a hereditament;

“rent” includes a payment made by a lodger.

Annotations:

F12004 NI 4

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Duties of public bodies with respect to alterations in valuation list

57.—(1) If in the course of the exercise of its functions any information comes to the notice of a

public body which leads it to suppose that the valuation list requires alteration as respects a

hereditament (whether it is a hereditament which is already included in the valuation list or not), it

shall be the duty of that body to inform the district valuer.

(2) In this Article, “public body” means any body (including a government department and a

district council) established by or under any transferred provision.

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Report to: Health and Environmental Services Committee Subject: Involvement of Building Control Service in Energy Performance Certificate Scheme Date: 5th August, 2009 Reporting Officer: Trevor Martin, Head of Building Control Ext 2450 Contact Officer: Donal Rogan, Building Control Manager Ext 2460


The Department of Finance and Personnel (DFPNI) has introduced Energy Performance Certificates (EPCs) for buildings. The first category, existing dwellings for sale, came into effect on 30th June 2008. EPCs were then rolled out to all new buildings on 30th September and to all other buildings for sale and rental on 30th December. The certificates were introduced to comply with Article 7 of European Directive 2002/91/EC which requires an EPC when a building is constructed, sold or rented out. An EPC rates a building on an A to G scale similar to a fridge label. The methodology looks at the building fabric, method of heating, type of fuel, lighting systems, orientation of building etc. The rating provides a scored result putting the building into a band from A – G. An A rated building is very energy efficient with low running costs whereas a G rated building is not energy efficient with high running costs. The EPC is accompanied by a list of cost effective improvements showing how the owner can implement simple upgrades which will improve the given rating. A copy of an EPC is attached at Appendix 1 for Members’ information. EPCs can only be produced by accredited assessors using Government approved software. The certificates vary in cost depending on the complexity of the building but for the average dwelling the cost will be around £100.00. All EPCs are individually numbered, registered on a National Database and are fully traceable. Whilst EPCs have been included in the Home Improvement Packs (HIPs) in England and Wales, there are no plans to introduce HIPs to Northern Ireland. The Department has been in consultation with the Law Society and the Council of Mortgage lenders who included the provision of an EPC as a pre-requisite of any property transaction. DFPNI are reasonably confident that the legislation is more or


less self-enforcing as, if an EPC is not made available, the property transaction should not go through. However if a situation arose whereby an EPC is not provided then a mechanism is needed so as enforcement action can be taken.

DFPNI wrote to each of the twenty six District Council Chief Executives advising on the legislation and asking that the councils take the enforcement duties on board initially as a one year pilot. They further suggested that the Building Control Service in each council be utilised should legal action be required as they are the most suitable for the role. The Councils recognised that it would be neither practical nor cost effective for all twenty six to take on board enforcement of the legislation and have agreed that they should nominate one Council (the Employer Council) to operate the legislation on behalf of the others. The Service then sought permission in March 2008 from the Committee and the Council to volunteer Belfast City Council to be considered as the employer council. Following consultation with all other twenty five Councils they have agreed to Belfast City Council taking on board this role and each has confirmed this to the DFPNI.

I am now in a position to inform the Committee that the DFPNI are currently drawing up an enforcement protocol and the amendment to the EPC Regulations designating Belfast City Council as the enforcement authority (except in relation to its own buildings against which DFPNI will continue to enforce) (Appendix 2) in relation to this matter and has submitted the necessary documentation to their Departmental Solicitor. The proposed amendment will be discussed with the Department’s Assembly Committee on 16 September 2009 and if agreed can be enacted thereafter, subject to the 21 day rule. We anticipate this will come into effect around October/November. The amount of finance agreed for the pilot project is projected at £250K. This will cover the costs of the Council carrying out the necessary work under the project. Additionally DFPNI has agreed to fund specific legal actions arising as a result of council enforcement. Legal Services Department has been consulted and has agreed the enforcement protocol negotiated with DFPNI and representatives of the building control professional groupings.

Although Belfast City Council will be the employing authority, this is a Northern Ireland-wide project and, as such, the recruitment of any additional non-permanent posts identified to deliver the project need to be recruited on a Northern Ireland wide basis; therefore opportunities will be circularised within the twenty six local authorities. Whilst the detail in respect of the recruitment methods and processes is still to be determined, these posts will be recruited in accordance with the Local Government Staff Commission Code of Procedures on Recruitment and Selection. Additionally, we have consulted the Trades Unions who have confirmed they are satisfied with the arrangement.

Key Issues

Measures taken to slow down the onrush of climate change can take many forms and this is a sensible measure directed to assist people. It will ensure people understand the running costs of buildings they may purchase or rent before signing contracts and also encourage people selling buildings to upgrade to attain a better rating.

The Council, and in particular Building Control, already plays a major role through regulations in combating climate change, has the necessary skills to check EPCs and this is a sensible level of involvement in this initiative.

The system should be self-regulating and require little or no enforcement, although the Council will continue with compliance-based activities to maintain awareness. DFPNI are now at the process of making Belfast City Council the lead enforcement

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authority for all of Northern Ireland. The designating legislation regarding enforcement will be placed before the Assembly Committee of the Department for authorisation with a likely implementation date for October/November.

The Legal Services Department, the Human Resources Service and the Trades Unions have been kept fully informed.


Financial

All costs will be covered by the Department of Finance and Personnel. Human Resources There will be interviews for the seconded posts which building control staff from the Council as well as the other local authorities can obviously apply for. This will be factored into the proposed structural review of the Service. Assets and other Implications None

Recommendations

The Committee is to note that subject to the agreement of the Assembly Committee of the Department of Finance and Personnel the Council will become the enforcing body for the Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008: Energy Performance Certification Scheme and that the Building Control Service will work with the Department of Finance and Personnel in administering the scheme.

Documents Attached

Appendix 1 - Energy Performance Certificate Appendix 2 - Protocol agreed by DFPNI and Building Control Service

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BLANK PAGE

Page 86

Current

Energy Performance Certificate

Energy Efficiency Rating

Technical information Benchmark

A 92-100

B 81-91

C 69-80

D 55-68

E 39-54

F 21-38

G 1-20

36

5 Long RoadOld TownBT3 4MP

Date of assessment: 07 November 2008Date of certificate: 08 November 2008Reference number: 0000-0000-0000-0000-0000Accreditation scheme: ABC Accreditation LtdAssessorʼs name: John SmithAssessorʼs accreditation number: ABC 12345Employer/trading name: EnergyWatch LtdEmployer/trading address: Alpha House New Way Belfast BT1 7RFRelated party disclosure: EnergyWatch are the letting agent

Northern Ireland

Very energy efficient - lower running costs

Not energy efficient - higher running costs

Main heating type and fuel:

Total floor area:

Approximate energy use:

Approximate CO2 emissions:

Dwelling type:

Boiler and radiators, mains gas135 m2

141 kWh/m2 per year23 kg/m2 per yearDetached house

Average for Northern Ireland

Page 1 of 5

The approximate energy use and CO2 emissions are per square metre of floor area based on fuel costs for the heating,ventilation, hot water and lighting systems. The rating can be compared to the benchmark of the average energy efficientrating for the housing stock in Northern Ireland.

50

54

Potential

Appendix 1Page 87


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Appendix 2

Energy Performance Certificates

Enforcement Policy The Government’s Enforcement Concordat sets out a framework to ensure that enforcement is carried out in an equitable, practical and consistent manner. Its basic principles are setting clear standards, being open and helpful, acting in a way proportionate to the risk and a mechanism for handling complaints. District Councils (including Building Control) in Northern Ireland have signed up to the Government’s Enforcement Concordat (available on http://www.cabinetoffice.gov.uk/regulation/publicservices/concordat/enforcecon.asp) to show their commitment to good enforcement practices. The enforcement of requirements in relation to the Energy Performance of Buildings (Certificates and Inspections) Regulations (NI) 2008 (as amended) (the EPC Regulations) will be conducted in accordance with the Concordat. The Department of Finance & Personnel currently undertakes the enforcement role in relation to the EPC Regulations. This Enforcement Policy document explains how District Councils will, when authorised, undertake the role of enforcement authority. The Department will review this policy on a regular basis and not later than one year after it first comes into operation. District Councils and the Department will use the existing liaison mechanism (Building Control Liaison Meetings) to discuss issues arising from operation of the policy. The Department will consider issues raised and respond to District Councils within one month, either clarifying the meaning of the policy, confirming the status quo or agreeing to a change to the policy. Where a change is to be made District Councils will be consulted.

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2. What are District Councils enforcing? The new enforcement duties relate to the EPC Regulations and apply to all relevant buildings except for those occupied by District Councils themselves, in which case enforcement is for the Department. District Councils already have enforcement powers in relation to all new buildings, and will continue to exercise these powers to enforce the EPC requirements relating to new build.

Specifically, the EPC Regulations implementing Articles 7, 9 and 10 of the EU Directive on the Energy Performance of Buildings require:-

1. the production of an EPC for all dwellings sold from 30th June 2008 (Regulation 5);

2. the production of an EPC for all new build properties from 30th September 2008 (Regulation 6);

3. the production of an EPC for all other buildings sold and all rentals from 30th December 2008 (Regulation 5);

4. the production and display of a Display Energy Certificate (DEC) for larger buildings occupied by public authorities and by institutions providing a service to the public and therefore visited by these persons (Regulation 11); and

5. the regular inspection (at least every 5 years) of relevant air-conditioning systems (Regulation 15) (these requirements commence in January 2010 for smaller systems and January 2011 for larger systems).

During 2009/10 District Councils will enforce in relation to 1- 4 above. EPCs are valid for no more than 10 years (Regulation 8 (3)) and must be accompanied by a recommendation report for the improvement of the energy performance of the building (Regulation 7). DECs are valid for no more than 12 months (Regulation 11(3)) and must be accompanied by an advisory report (containing recommendations for improving the building’s energy performance). The advisory report is valid for 7 years (Regulation 11(4). EPCs may only be produced by Accredited Energy Assessors (Part 5 of the EPC Regulations).

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3. How will District Councils enforce the EPC Regulations? The Department has undertaken a number of compliance-based enforcement measures to date. These include press and magazine adverts and editorials; a series of public information seminars (both before and after phase 1 requirements came into operation) for property professionals and professional organisations such as the Construction Employers Federation, the Royal Institution of Chartered Surveyors, the Law Society etc.; mailshots to all estate agents and letting agents advising them of the requirements; follow-up visits to estate agents to provide further material and gauge compliance; and a dedicated website (www.epb.dfpni.gov.uk) where detailed information may be accessed online. With assistance from the Department as appropriate District Councils will adopt a similar compliance based approach to enforcement, particularly during the early period of undertaking the role of enforcement authority. This will involve helping and encouraging stakeholders to understand the legal requirements; creating opportunities for feedback from stakeholders, publicising what they are doing; and reporting regularly to the Department. District Councils should adopt a risk assessment approach to determining how best to target advice etc.. and will publish information on their enforcement activities and associated standards. However, as time progresses District Councils may in certain circumstances proceed to use the sanction contained in the EPC Regulations (Regulation 33) - to issue Penalty Charge Notices for failure to comply with the duties relating to making EPCs available, inspecting air-conditioning systems, making and keeping reports and producing documents.

4. How will the Department monitor compliance? Article 6 of the Local Government (Employment of Group Building Control Staff) Order (NI) 1994 provides for the Group Chief Officers to co-ordinate and monitor the provision of building control services within the areas of the Councils in the Group and between Groups. It is appropriate that reporting to the Department on the undertaking of the enforcement role in respect of the EPC Regulations would be co-ordinated through the Group Chief Officers. Belfast City Council is outside the Group structure co-ordination and reporting is through their Head of Building Control.

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District Councils, through the Group Chief Officers and the Belfast Head of Building Control, will report quarterly to the Department on the following:-

• Awareness raising activities undertaken;

• Stakeholder feedback;

• Numbers of incidents when EPCs have not been provided, and related information;

• Action taken when EPCs have not been provided; and

• Monitoring of inspection regimes for air-conditioning systems (from January 2010) for which Building Regulations applications have been deposited.

The full list of monitoring information is at Appendix A attached. District Councils will submit the relevant information electronically in a format to be agreed by the Department. District Councils will establish cross-Council benchmarking information and progress actions to correct any gaps in performance highlighted and to share ideas on best practice. The Department will include this work in the list of auditable functions which its Internal Audit may scrutinise periodically, and may raise issues for discussion at quarterly meetings with Building Control.

5. How do infringements of the EPC Regulations come to the attention of District Councils?

• As part of the final inspection process (where the Building Regulations apply);

• Complaints;

• Referrals from, for example, the Department, Trading Standards Officers, etc; and

• Where District Councils have reason to believe a breach of duty has been committed (targeted investigation of individual traders, trade sectors or practices);

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6. Action District Councils may take if the law may be or is contravened Where a District Council is advised of a situation which may result in a future breach of the legislation (for example someone indicates that they will not be providing an EPC), it will deal with this either by visiting the potential or prospective perpetrator to provide advice or by providing advice in writing. In cases where a District Council is advised that the Regulations have been breached it will investigate formally and based on the outcome decide on the future course of action. In cases where a breach has been established, a District Council will assess the case and take appropriate action which may include issuing a Penalty Charge Notice according to the provisions in Part 7 of the Regulations.

District Councils will respond to any appeals to the County Court, in accordance with the provisions in Regulation 37.

7. Financing of District Councils’ enforcement duties [TO BE AGREED] The Department and District Councils have agreed that the Department will fund a number (3 or 4) of Building Control Officers to undertake EPC enforcement duties throughout Northern Ireland. The funding package will include an amount for promotional work and will not exceed [£x] in 2009/10. The Department has agreed to underwrite the cost of prosecutions on the understanding that the Department is made aware in advance of each case. Departmental officials, including from its Internal Audit, will be given access to all relevant documentation to facilitate random verification spot-checks on the work being undertaken across Northern Ireland by the appointed EPC enforcement officers.

District Councils will also be entitled to retain the income from Penalty Charge Notices solely to resource enforcement duties in this regard, and shall detail this income on the pro-forma attached at Appendix B.

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Appendix A

Monitoring Information

1. Awareness raising activities undertaken, split by:-

• type of activity (adverts, leaflets, website material, visits, surveys, workshops, etc);

• number of stakeholders targeted; and

• type of stakeholder (estate agents, solicitors, individuals).

2. Stakeholder feedback routes – by:-

• Type (e.g. newsletters, seminars, open meetings, new forums created, existing forums used (LSPs, Landlords Forum), advice helpline, single point of contact for EPC-related queries, etc.);

• frequency of contact; and

• Nature of information communicated. 3. Number of certificates scrutinised, by property type and how quickly

dealt with.

4. Outcome of targeted monitoring of inspection regimes for relevant air-

conditioning systems

5. Numbers of complaints by:-

• type: (non - provision of valid EPCs, failure to display a valid DEC etc); and

• Action taken by type of action. 6. Numbers of Penalty Charge Notices issued by type of offence and

associated income (to be provided on form at Appendix B). Building Control may wish to refer to the Enforcement Concordat Good Practice Guide for further information.

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Appendix B

Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008 (as amended) District Council………………………………………………………………………

Penalty Charge Notice (PCN) Income quarter ended….....................................

Date Notice Served

Brief detail on case Income received (date & amount)

Completed by………………………………………………………………………….

(Head of Building Control)

Confirmed by………………………………………………………………………….. (District Council Chief Financial Officer)

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BLANK PAGE

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Report to: Health and Environmental Services Committee Subject: Structural Review of Building Control Service Date: 5th August, 2009 Reporting Officer: Mr Trevor Martin, Head of Service, ext 2450 Contact Officer: Mr Trevor Martin, Head of Service, ext 2450


The Building Control Service generates substantial income through fees and charges payable to the Council. This has been through the submission of applications for building work (Building Regulation Fees), licences (Entertainments, Cinemas, Amusement Permits etc) and property enquiries in connection with conveyancing. In past years this work and the associated income stream have been increasing steadily as Belfast has regenerated and developed. Additionally the Service has been not only quality and customer focused but also business like in its approach, continually exploring the potential for accessing additional income streams. A good example is the work with the Government’s Land and Property Service on supplying data for valuations. This has been successful not just in increasing both direct Service and Council rates income but also in reducing the reliance on income from building regulations, traditionally seen as the prime source of revenue. The Committee is aware from previous reports that the situation of continually growing construction related income is now in reverse and that there is a downturn in income for the Building Control Service. This is due to the global economic situation and in particular the dramatic effect it has had on the construction industry. The slowdown in the financial sector has also meant contraction in the housing market affecting the income through property certificates. Despite signs generally from most commentators that the industry decline may be bottoming out it seems unlikely to return to its 2007/08 situation for some years. Consultation with my colleagues, both in Northern Ireland and the rest of the United Kingdom, suggests that this financial situation is common across all aspects of the construction industry. Members will be aware that in preparing the 2009/10 revenue estimates, account was taken of the substantial reduction in income, although it must be stressed that the Building Control Service is responsible for a range


of functions which are not fee income based but are rate borne in a similar manner to the majority of other Council functions. These non fee based responsibilities relate to the various Miscellaneous Provisions Orders, Belfast Improvement Acts and Pollution Control Order and includes dangerous structures, street naming and numbering and dilapidated buildings. The Service has been pro-active during this period and has taken immediate measures, both internally and externally, to mitigate the impact of this decline in income. This included the following measures:

• Not filling vacant posts (£55K)

• Substantially reduced expenditure (£140K)

• Redeploying staff to carry out work in other departments (saving £70K)

• Securing additional work from the Department of Finance and Personnel by becoming the employing and enforcement authority for Energy Performance Certificates in Northern Ireland. (initial figures up to £250k per annum)

• Increasing our work in partnership with the Land & Property Service through vacant rating and legacy work (generating additional £100k)

• Lobbying and securing an increase in Entertainments Licence Fees (Increase of £45K)

These will realise total savings through reduced expenditure and increased income, of approximately £660k per annum. The Service will, of course, continue to look for more savings and actively pursue other income streams. For example, we are currently looking at work the Service can carry out under the Fire Services Order and Energy Performance of Buildings Regulations using existing expertise to assist the Council in complying with this legislation and saving external professional fees. However despite all the aforementioned measures there is a clear need to continue to explore additional options for further savings. In the light of this new economic reality and the reduction in construction activity it is proposed that reducing the numbers of professional and technical staff be explored. Initial soundings with staff on the possibility of voluntary redundancies have elicited a positive response. Informal discussions with the Trades Unions have also been positive. Any further consultations authorised by the Committee will be carried out in accordance with standard Council procedure. Having analysed the impact of the reduction in building regulation applications on overall workloads and the potential to reposition some professional/technical staff functions it can be confidently predicted that further major savings can be effected. This would require detailed analysis of our current and predicted future workloads by the management team and a minor structural review of the Service by the Business Improvement Service.

Key Issues

The Service must continue to reduce net expenditure to reflect the falling income and workloads precipitated by the economic downturn. This must be achieved without a reduction in the quality of service or a diminution in the public protection and health and safety work of the Service. The Service has already effected substantial reductions in net expenditure and will continue to explore every possibility in that regard.

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As the next stage in that work, it is proposed to now examine the possibility of staff reductions. Early indications are that this can be achieved without compulsory redundancies and that substantial savings can be generated in the medium term. It must be emphasised however that before savings can be realised from such staff reductions there will be initial redundancy and actuarial costs and therefore it is extremely important that in taking this forward the level of reduction has regard to the inevitable upturn in the economic situation so that expensive skills do not have to be re-engaged while still incurring redundancy and actuarial costs.

It should also be noted that the savings generated so far, have been undertaken in a manner which retains valuable skills within the Council and could therefore enable these to be reapplied to the Building Regulations function as the current economic situation recovers.

These measures should both better protect the Council’s financial position and align service capacity to the foreseeable levels of construction activity. If the industry position alters significantly from our assessment then I will bring back a report to Committee in line with that change in circumstances.


Financial The cost of employing the Business Improvement Service for the restructuring analysis and recommendations will be more than offset by the anticipated medium term savings resulting from the review. Human Resources There will be possible redundancies arising from the review but these should be accommodated voluntarily. Additionally there may be some repositioning of professional/technical functions to better reflect the operational requirements of the Service. We are mindful that the industry will recover in due course and want to ensure that we have sufficient flexibility to react to quickly changing circumstances. We do not want to necessarily release skilled and experienced staff and incur redundancy and actuarial costs to have to re-employ new staff in the not too distant future. We will therefore include this in our review and weigh up these factors when conducting it. If the industry position alters significantly from our assessment then I will bring back a report to Committee in line with that change in circumstances.

Assets and other Implications

None.

Recommendations

That the Committee:

• Notes the recent and ongoing measures taken by the Service to effect savings, and

• Grants permission for Business Improvement Service to be commissioned to carry out a structural review aimed at repositioning functions and reducing the staffing numbers within the Service in light of prevailing work demands.

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Decision Tracking

If the decision is to grant permission for the review, Business Improvement Service will be engaged to carry out a structural review. . The person responsible for the actions above is Trevor Martin, Head of Service Building Control.

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Report to: Health and Environmental Services Committee Subject: Food Service Delivery Plan 2009-2010 Date: 5th August, 2009 Reporting Officer: Suzanne Wylie, Head of Environmental Health, ext 3281 Contact Officer: Damian Connolly, Environmental Health Manager (Food Safety

and Port Heath), ext 3361


The Food Standards Agency (FSA) has a key role in overseeing local authority regulatory activities to ensure food safety. Powers to enable the FSA to monitor and audit local authorities are contained in the Food Standards Agency Act 1999. A detailed framework agreement on local food law enforcement has also been produced by the Agency, in conjunction with local authority representative bodies, to provide guidance on how regulatory service plans should be structured and what they should contain. Service plans developed under these arrangements provide the basis on which local authorities are monitored and audited by the Food Standards Agency. A copy of Belfast City Council's Service Plan for 2009/10 is attached. Looking back over last year, 2008/2009 was a particularly demanding and challenging year for the Food Safety and Port Health Team. The Food Service Delivery Plan attached contains performance information relating to 2008/2009 which demonstrates that planned work programmes for the year were completed despite the additional demands placed on the unit during the year. These additional demands are outlined below. Early in the year a major investigation was carried out to establish the source of an outbreak of E.coli 0157 affecting a number of children attending schools and nursery schools in Belfast and beyond. The source of the outbreak was found to be linked to an open farm outside the city boundary and precautions were put in place to prevent the spread of disease. During the summer of 2008, Northern Ireland’s first recognised outbreak of Listeriosis occurred. The outbreak affected 7 patients being treated in 2 hospitals in Belfast. The unit played a key role in a large and complex interagency investigation to identify the source of illness and appropriate additional precautions were put in place.


A change to the Food Law Code of Practice in August 2008 prompted Belfast City Council to develop a suite of interventions with the aim of reducing the inspection burden on the better businesses whilst effectively targeting the worst offenders. The Council is believed to be the first in Northern Ireland to adopt this approach which embraces the better regulation principles. The year also saw the introduction of the International Health Regulations, with Port Health Officers being authorised for the inspection of ships and the issue of ships sanitation certificates. In addition to its regulatory role the unit actively promoted better nutrition and diet. As a result, a major initiative was undertaken to promote healthier cooking methods in Chinese caterers. This innovative project was awarded runner up (Frontliner) in the MAD awards in May 2009. The Team continues to implement the Scores on the Doors publication scheme which has proved to be a valuable incentive for businesses to improve compliance standards.

Key Issues

The Framework Agreement as described above requires that Food Service Plans should be submitted to the relevant Member forum, in this case the Health and Environmental Services Committee, for approval. This is to ensure local transparency and accountability.


The resources required for this core service have been included in the Environmental Health Service Revenue Estimates for the year and no additional resources are anticipated. Section 4 of the Food Service Delivery Plan outlines in detail the resources required to deliver the service.

Recommendations

The Committee is requested to approve the Food Service Delivery Plan 2009/10.


FSA - Food Standards Agency MAD - Making a Difference Awards

Document Attached

Food Service Delivery Plan.

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BELFAST CITY COUNCIL

HEALTH AND ENVIRONMENTAL SERVICES DEPARTMENT ENVIRONMENTAL HEALTH SERVICE

SERVICE PLAN FOR FOOD LAW ENFORCEMENT 2009/2010 This service plan for food law enforcement describes the balance of techniques and approaches to be taken by Belfast City Council during 2009/10, to ensure food safety and promote informed healthy choices. The Council will mix and balance the four common approaches to enforcement: • Demand driven • Education driven • Inspection driven • Intelligence driven

Food safety is a priority for the Council's Environmental Health Service, with staff on the Food Safety and Port Health Unit and Business Support units providing most aspects of the service. Section 1 – Service Aims and Objectives

1.1 Aims and objectives The key aims and objectives of the food service are to: 1. Take a leading role in improving quality of life now and for future generations by helping

to create a safe, clean, healthy, sustainable, and vibrant Belfast.

2. Meet the needs of local people through the effective delivery of quality and customer centric services.

3. Respond to all complaints or service requests within target response times.

4. Provide leadership and strategic direction for shaping, developing and managing a healthier and safer Belfast.

To achieve these aims the unit will ensure businesses comply with food law, food supplied is safe to eat and consumers can make informed healthy choices. The unit will also promote food safety messages and encourage healthy eating.

1.2 Links to corporate objectives and plans The Council's value creation map, which forms the nucleus of the Council's Corporate Plan 2009/10, defines the Council's vision as: “The Council takes a leading role in improving quality of life now and for future generations by helping to create a healthier and safer Belfast.” The Food Service has an important contribution to make to the achievement of the Council's vision, particularly through one of the two defined main contributors to that vision: meeting the needs of local people through the effective delivery of quality and customer-centric services.

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Within the Health and Environmental Services Department a number of plans and strategies have been developed which consider the Food Service. These plans set actions and targets, which are explicitly linked to the corporate objectives and priorities. These plans include:

• The Departmental Plan 2009-2010.

• The Environmental Health Service Plan 2009-2010 in line with the corporate value creation map.

• The Food Safety and Port Health business plan for 2009-2010.

The Food Service also contributes to the Food Standards Agency meeting its Strategic Objectives in relation to food safety and healthy choices. The objectives of the FSA, the Council, the Service and the Unit contribute to the overarching inter-agency public health strategy of “Investing for Health” which places particular emphasis on tackling the fundamental determinants of ill health. Much of the work of the Unit links directly with the Investing for Health Strategy through enabling people to make healthy choices.

2. Background 2.1 Profile of the Local Authority The Council is the largest of the twenty-six District Councils in Northern Ireland and, by any definition, is an organisation of size, importance and structure. It serves a population of 277,391. The area, which covers 11,489 hectares, is predominantly urban in nature with the Council offices being located in the city centre. The city is the major centre for both employment and entertainment in Northern Ireland with two thirds of the population of Northern Ireland being within 50km of the city and estimated at 900,000 persons per day. Within the city boundary is the Port of Belfast, Ireland's busiest port and one of the major ports within the United Kingdom. The area of the Port consists of 1,000 acres of water 2,000 acres of land and over 8,000 linear metres of quays. The Council maintains a Port Health Unit within the Harbour Estate with facilities for the inspection of third country imported food of non-animal origin and in partnership with the Department of Agriculture and Rural Development the Council maintains and operates an EU approved Border Inspection Post for the inspection of Products of Animal Origin.

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2.2 Organisational Structure The Health and Environmental Services Department is one of five service Departments which, together with the Chief Executive's Department and the Improvement Directorate make up the officer structure of the Council. The various Departments are shown below.

Each Department reports to and discharges the functions of a Council Committee. The Health and Environmental Services Committee's responsibilities are discharged by the Health and Environmental Services Department. Responsibilities include both direct services like refuse collection and street cleaning and the majority of the Council's regulatory functions in the fields of building control and environmental health. The common threads are the objectives of improving public safety and health and helping to create a more attractive and sustainable City. The daily work of the Department ranges from monitoring food and consumer products to improving safety in buildings, the workplace, communities and the wider environment. The Committee also carries major waste management responsibilities, including waste collection and disposal, street cleansing and litter prevention and the promotion of waste minimisation and recycling, which are becoming increasingly important parts of the Council's efforts to create a healthier, safer and more sustainable City. The Health and Environmental Services Department also discharges the responsibilities of the Licensing Committee which include Street Trading, Entertainments Licensing etc.

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The Department's functions are delivered through four Services and a small central Directorate Support Section. The Environmental Health Service consists of seven units as illustrated:-

The Environmental Health Manager (Food Safety and Port Health) has responsibility to implement this Service Plan for Food Law Enforcement. They are assisted by two Principal Environmental Health Officers (Food Safety), one Principal Environmental Health Officer (Port Health). A pool of suitably qualified and authorised Environmental Health Officers are employed by the Council, and are allocated to duties within 6 areas of the Service, and allocation of staff to each of those areas can be quickly adjusted, should the need arise.

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The Northern Ireland Public Health Laboratory based at Belfast City Hospital provides specialist services in food microbiology and pathology. The Council has appointed Eurofins (NI) Limited, of 16 Donegal Square North, Belfast as Public Analysts. They provide specialist advice on food composition, labelling and chemical and physical contaminants of food. The Agri-Food and Biosciences Institute at Newforge Lane, Belfast, is employed for identification of pests associated with food and food premises. 2.3 Scope of the Food Service Belfast City Council carries out all functions relating to food safety and food standards matters, including the following: • Inspection of food premises including manufacturing, catering and retail premises in

accordance with a range of legislation and guidance, including the Council's food safety and food standards enforcement policies.

• Registration of food premises.

• Dealing with potential food hazards including Food Alerts.

• Approval of premises for production and supply of products of animal origin.

• Inspection of foodstuffs and devising and implementation of sampling programmes for analysis in relation to composition and labelling and/or microbiological examination.

• Investigation of complaints relating to food and hygiene of food premises.

• Investigation of cases of suspected food poisoning.

• Providing advice and information on food safety matters.

• Specialised food safety education programmes, and signposting to other commercially available training services.

• Community and schools based food safety training.

• Food safety and nutrition promotional activities, including participation in National Food Safety Week.

• Provision of practical food safety and port health training to environmental health students.

• Investigation of incidences of statutorily notifiable food and water related illnesses on behalf of the Director of Public Health of the Public Health Agency.

• Inspection of third country (non EU) imported food of non animal origin.

• In partnership with the Department of Agriculture and Rural Development the operation of the Port of Belfast Border Inspection Post and the inspection of Products of Animal Origin.

• Inspection of vessels (ships) arriving at the Port to ensure compliance with International and United Kingdom health and hygiene requirements including food safety and control of infectious diseases.

• Enforce legislation relating to import and control of Organic produce.

• Publication of Food Hygiene Inspection results on the “Scores on the Doors Web Site.”

The service is currently provided in the main by members of staff employed by Belfast City Council. All staff involved in the inspection of food and food premises meet the qualification and experience requirements of the Code of Practice.

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2.4 Demands on the Food Service 2.4.1. Food Safety Service Belfast City Council has 2861 food businesses within the City. A profile of premises classified in accordance with the FSA monitoring returns are given below.

TYPE OF ESTABLISHMENT

NO. OF PREMISES

Primary Producers 0

Slaughterhouses

0

Manufacturers & Packers 148

Importers/Exporters 1

Distributors/Transporters 45

Retailers

790

Restaurant/Caterers 1877

Unrated premises awaiting first inspection 1

5 manufacturing premises and 6 cold stores in the city are approved or being approved under EC Reg 853. The majority of food premises in the city are caterers or retailers reflecting the fact that Belfast is a major regional centre for shopping, entertainment, business and tourism. However within the City there are a number of major manufacturers including two major bakeries, two flour mills, a meat preparations premises, an animal fat rendering plant and three fish processors which, manufacture and process food for distribution throughout Northern Ireland, Great Britain and export to the Republic of Ireland. As shown above within the city there are a large number of distribution centres located in the city many of which distribute across Northern Ireland and the Republic of Ireland. Seven of these premises specialise in ethnic foods of non EU origin and are monitored to ensure imported food controls are being adhered to.

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Over 5% of Belfast's food businesses, across a range of business types, are owned by people whose first language is not English. These food business operators have traditionally been Asian, however in recent times there has been an influx of Eastern Europeans. While this adds significantly to diversity and customer choice, it requires particular effort from the service to ensure equal access to advice and information. The Council's food safety services are delivered from the Cecil Ward Building, 4-10 Linenhall Street, Belfast, between the hours of 0830 and 1700, Monday to Thursday, and between 0830 and 1630 on Fridays, and from the Port Health Unit at Corry Place, Belfast Harbour Estate, during the same hours. Service is provided outside normal hours where it is appropriate to do so. Out of hours work is undertaken as necessary, such as for businesses open at night and weekends. There has been a continued increase of large outdoor events which have significant catering facilities associated with them, such as farmers and continental markets, festivals and concerts. These events require evening, weekend and Bank Holiday visits to monitor food hygiene standards. We will continue to strengthen relationships with promoters and organisers this year in order to ensure that adequate attention is given to planning for food safety. The services provided by the Department, including Food Safety and Port Health, are covered by an emergency contact officer on call, out of normal office hours, 365 days a year. In addition, an Environmental Health Officer is on standby outside normal office hours, to deal with infectious disease incidents at the discretion of the PHA, and a Port Health Officer is on standby out of office hours to deal with issues arising in the Port. 2.4.2. Port Health Service The Port of Belfast handles circa 60% of Northern Ireland’s seaborne trade and in spite of the downturn in the general economy trade figures for 2008 were only down 5.5% on the previous year with 16.5 m tonnes of goods handled. Whilst trades associated with the construction industry such as timber and steel were particularly affected other sectors remained buoyant with significant increases in coal and fertiliser imports. Belfast is the island's largest bulk port and investment is continuing in the ports infrastructure during 2009/10. A £10m extension of its deep water facilities at Stormont wharf is nearing completion, making it the longest deepwater berth in Ireland and a £4.5 m expansion of the Port’s paper handling facilities is underway which will boost capacity in this sector by 70%. Belfast’s growing popularity as a cruise destination continues and in 2009 the Port will see 37 cruise visits with a total of 60.000 passengers and crew. Belfast has been selected as the finishing port for the Tall Ships Atlantic Challenge in August 2009 and it is anticipated that in excess of 400,000 people will visit during the four days of the event in August.

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2.5 Enforcement Policy The Council has prepared enforcement policies in respect of food hygiene and food standards which were formally adopted by the Council in March 2002. These policies are based on Local Authorities Coordinators of Regulatory Services (LACORS) guidance notes and have been developed in a local context but within a consistent national framework. The policies draw extensively on guidance contained in The Code of Practice issued under Article 39 of the Food Safety (NI) Order 1991. The policies set out the principles which will enable the Service to ensure consistent and open enforcement. They are considered in determining appropriate enforcement action. Management controls are in place to ensure that all decisions on enforcement are consistent with these policies. The Food Safety and Food Standards Enforcement Policies are available on the Council's website and can be accessed at www.belfastcity.gov.uk. Businesses are advised of the existence of the policies together with how they can be obtained on all standard letters and reports left following inspection of premises. The Enforcement Policies across the Environmental Health Service are currently under review and the service hopes later in the year to take to Committee a new generic enforcement Policy which will cover all areas of enforcement for which the Service has responsibility. The Council maintains its own Legal Services Department to provide support to service Departments.

3. Service Delivery 3.1 Food Premises Inspections In previous years food authorities in the UK, including Belfast City Council, were required to inspect all food premises at a rate determined by the risk rating schemes set out in Annex 5 of the Code of Practice. As a result of the Better Regulation Initiative and the Hampton Review the Food Standards Agency has reviewed that policy and in June 2008 published a revised Food Law Code of Practice This new code intends to reduce the inspection burden on the better businesses and to concentrate enforcement activities on the worst offenders. It is hoped that this policy will also allow councils to free some resources from inspection activities and divert them towards other food initiatives which will have improved outcomes.

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The Council hopes to fully utilise the flexibility allowed in the new code by developing a suite of less invasive intervention visits to monitor the performance of the better businesses and to help them comply with Food Law. It is hoped that these interventions will be targeted to deliver better outcomes than a solely inspection based regime. However Council recognises the importance of a robust inspection programme and will continue to thoroughly inspect the businesses that are higher risk or have poorer compliance levels. As in the previous year the Council will use an Alternative Enforcement Strategy for the very lowest risk premises, those in category E for Hygiene and Category C for standards. The profile of the planned food hygiene intervention programme for 2009/2010 by risk rating is shown below:-

Risk category Inspection planned Other intervention planned

Alternative Enforcement planned

A 8*

B 148

C 437 350

D 8 201

E 6 122

Unrated 1

Estimated new premises

300

*4 premises inspected twice in the year It is planned therefore to carry out 908 full inspections which includes

• All category A & B premises.

• All 0,1 and two star premises as defined by the scores on the doors hygiene publication scheme.

• All premises that are not considered broadly compliance as defined in the Code of practice.

• All 3 star and category C premises with a score of 10 for Confidence in Management and a total score of 25 in the hygiene, structure & confidence in management risk areas.

• All unrated premises including those new premises opening in year.

• Also included in the inspection programme are a small number of specific premises for which an inspection is deemed more appropriate considering the nature of the business, these include wholesalers, outside caterers, in-flight caterers, hospitals, hotels, homes for the elderly.

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The profile of the planned food standards intervention programme for 2008/2009 by risk-rating is shown below:-

Risk category Inspection planned Other intervention planned

Alternative enforcement planned

A 10

B 102

C 6 261

Unrated 1

Estimated new premises

300

Food standards inspections aim to ensure that food sold throughout the city complies with relevant compositional and labelling requirements and is of sound quality. In general food standards inspections are carried out during the same visit to premises to conduct a food hygiene inspection when they fall due at the same time. It is forecast that based on the Food hygiene and Food Standards intervention programmes above the Council will be able to complete 100% of the planned programme. In 2005/06 the council carried out 2000 revisits to check that necessary improvements had been made. This approach has contributed significantly to improvements in food businesses over recent years, and a shift in many premises towards lower risk categories. Following the introduction of a revisit policy in 2006/07 year which aimed at prioritising activities and reduce the number of unnecessary revisits only 1250 revisits were carried out, in 2007/08 the figure was reduced to 940 revisits and in 2008/09 the figure was 688. It is estimated that less than 750 revisits will be carried out in the year. 3.2 Food Complaints The Council will commence the investigation of all food complaints received from members of the public or food businesses within two working days of receipt. In the case of urgent investigations, we endeavour to make contact within the same working day. Officers will investigate complaints in accordance with the requirements of the Northern Ireland Food Liaison Group's Food Complaints Investigation Procedure, and where necessary the Council will liaise with Originating, Home Authorities and Primary Authorities during the course of its investigation. In

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determining the appropriate course of action, the Council will take into consideration any reports received from the Home, Originating or Primary Authorities and the Food business identified as the cause of the complaint and will have regard to the Councils Food Safety and Food Standards Enforcement Policies. For 2009/2010 the Council estimates that it will receive approximately 500 complaints relating to food or the hygiene of food premises. This is an upward trend in the number of complaints being received by this department. 3.3 Home Authority Principle The Council supports the Home Authority Principle and, where appropriate, will liaise with the Home Authority of a business trading in the city, on issues which affect the policies of the enterprise. While the Council has not entered into a formal written home authority partnership with any business, it has established a close liaison with the majority of businesses for whom it could be either Home or Originating Authority to give preventative guidance or advice. Advice is provided during programmed inspections and other visits. On request the Council will investigate all matters referred to it by other local authorities and where appropriate will provide a written response to requests for information. The Council will review its informal arrangements during this year. For 2009/2010 the Council estimates that it will receive approximately 40 requests for information from other Local Authorities. The Local Better Regulation Office (LBRO) promotes more consistency across local authorities in the way they enforce regulations and work with central government. The Regulatory Enforcement and Sanctions Act 2008 is part of the Government’s commitment to implementing the Hampton agenda and it gives the Local Better Regulation Office (LBRO) statutory powers. At present the Act does not apply in NI although there is a Statement of Intent proposed between CEHOG, DETI LBRO and NILGA. Once the Statement of Intent has been signed the next stage will be agreeing protocols etc with DETI and LBRO as to how the scheme will be applied in NI. Where appropriate the Food Safety and Port Health Unit will have cognizance to the contents of the Statement of Intent for the purposes of providing better regulation of businesses. The Council will liaise closely with the Department of Agriculture and Rural Development (D.A.R.D.) for Northern Ireland which has responsibility for the enforcement of Food Hygiene Legislation in E.C. approved fresh meat and liquid milk plants in Northern Ireland.

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3.4 Advice to Business The Council is committed to the improvement of standards in food businesses and advice to businesses is an important dimension of that strategy. Advice is given through site-visits, the Council's web-site, dealing with enquiries and requests for advice, through correspondence, meetings with trade groups, distribution of printed materials, educational and training programmes. The service will continue to support all businesses with the implementation and maintenance of Food Safety Management Systems based on HACCP principals, in conjunction with a graduated approach to enforcement. The Food Safety unit in conjunction with the Service Wide Better Regulation Working Group plans to hold 1 business forum meeting early in year or Dec/Jan for next years planning thus securing effective involvement from partners. Also in order to promote a positive image and promote the reputation of the Council the unit plans to publish at least one article in City matters and have at least two articles published in provincial papers as well as to consider publishing a Regulatory newsletter for food businesses within the year. The Food Safety unit also plans to hold compliance improvement workshops in relation to the Scores on the Doors scheme: one for new businesses and one on steps needed to be taken by businesses to improve their existing score for the next time they are inspected. The Food Safety Unit invites plans and specifications for all new and refurbished food businesses for review and comment. This proactive approach is taken to help businesses secure compliance before they open thus saving the business and the Council money by avoiding the need to carry out remedial works. Planning application and building control application lists are used to identify and target relevant developments It is estimated that 180 plans will be received for review and comment. Our system of logging requests for information or services, response times and actions help plan, improve and monitor this part of the service in future years. It is estimated that in addition to complaints relating to Food or Premises a further 675 requests for service will be received this year. The Port Health Service is an active member of the local shipping community with extensive business contacts with local importers, customs clearance agents, hauliers, shipping companies, ferry operators and stevedores. Advice is given on Port Health related matters, including food safety, to the shipping community on a regular basis and when requested help and advice is given to local importers and members of the general public on the importation of third country imported foodstuffs including products of animal origin. This year the Unit plans to hold an awareness raising seminar for food importers, customs clearance agents and HMRC on changes to import controls arising from a new EU Regulation due to be implemented in January 2010.

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3.5 Food Inspection and Sampling 3.5.1 Food Safety Service The Council carries out an extensive programme of food sampling supporting national food sampling programmes devised by the Food Standards Agency, LACORS, EU and the Public Health Laboratory Service as well as regional sampling programmes drawn up by the Northern Ireland Food Liaison Group, taking a risk-based approach. The Council also undertakes a local sampling programme of foodstuffs for both microbiological examination and chemical analysis. Approximately 1050 samples will be submitted by the Food Safety and Port Health Unit during the period 2009/10 for microbiological examination and 460 samples for chemical analysis. Of these, nearly 80 will relate to consumer complaints. 3.5.2. Port Health Service The Unit receives a shipping list from the Port Authorities on a daily basis and from this list it is able to identify vessels and their cargoes. During inspection of vessels advice is given on food hygiene matters. Cargo manifests are scrutinised and all third country imported foodstuffs are identified. Documentary, identity and physical checks are carried out on all third country products of animal origin in accordance with the EC veterinary checks regime and following a risk assessment checks are carried out on third country imported food of non-animal origin to ensure compliance with relevant imported food legislation. When possible the Unit carries out imported food sampling programmes devised by the Food Standards Agency or the E.U. Sampling of imported third country products of animal origin is carried out in accordance with the sampling levels laid down by the EU. Samples of third country foodstuffs of non animal origin are taken in accordance with the Divisions policy on risk assessment and to ensure compliance with the relevant imported food legislation. With the introduction of a new Commission Regulation from January 2010 an increased level of import controls (including documentary, identity and physical checks) on specified high-risk products of non-animal origin will be laid down by the Commission.

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In the period 2008/2009 this is likely to result in the following number of samples:- Microbiological 45 Chemical 35

3.6 Control and Investigation of Outbreaks and Food Related Infectious Disease The Council will attempt to investigate all notifications of infectious disease, received from the Public Health Agency (PHA), within one working day of receipt. Specifically trained and competent, environmental health officers within the Food Safety Unit are authorised by the PHA for the investigation of notifications. Investigation of outbreaks of food related infectious disease is conducted in liaison with the Consultant in Communicable Disease Control (CCDC) of the PHA, and in accordance with the PHA's Outbreak Control Plans. The Council estimates that it will receive 75 notifications of food related infectious disease during the year. The Port Health Division will respond immediately it is notified of any incident of food poisoning or food related infectious disease occurring on board a ship within the Port of Belfast or relating to a passenger using Belfast City Airport. Following consultations with the management of Belfast City Airport and Belfast Port, a Port Health Outbreak Control Plan has been issued by the Consultant in Communicable Disease Control of the Public Health Agency, in conjunction with the Principal Environmental Health Officer (Port Health). As of 1st April 2009 the four Health and Social Services Boards have been replaced by the Public Health Agency (one Regional agency for the whole of Northern Ireland). It is anticipated that all relevant outbreak control plans will require updating in 2009/10 to reflect this change. 3.7 Food Safety Incidents Food Alerts received from the Food Standards Agency (NI) will be actioned in accordance with the Code of Practice and the Food Safety and Port Health Unit's Procedure on Food Alerts. Notification of food alerts will be received by facsimile and electronically via email, passed to the Environmental Health Manager (Food Safety and Port Health) or a Principal Environmental Officer (Food Safety and Port Health) deputising in their absence, for appropriate action. Where action is taken in response to alert, details will be recorded on relevant premises files.

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The Council estimates that it will receive 85 food alerts during the year. Around 10 of these will require investigation and further action to protect public safety. Rapid Alert System for Food and Feed (RASFF). Rapid alerts are received daily by e-mail from the European Commission, and are forwarded directly to the Principal Environmental Health Officer (Port Health). All rapid alerts are read as soon as possible and any alerts relevant to the work of the Unit are brought to the attention of staff for action as is deemed necessary. If a consignment/product is to be rejected or destroyed due to a direct or indirect risk to human health, a rapid alert notification must be completed and forwarded to the FSA Food Incident Branch after consultation with FSA Northern Ireland for onward notification to the European Commission. 3.8 Liaisons with Other Organisations The Environmental Health Service has extensive liaison in place with a wide range of other organisations:- • Northern Ireland Food Liaison Group reporting to Northern Ireland Chief Environmental

Health Officers Group.

• C.I.E.H. Port Health Special Interest Group.

• Association of Port Health Authorities. The Principal Environmental Health Officer (Port Health) is a member of the Overview and Scrutiny Committee, the Imported Feed & Food Committee and the Environmental Health and Hygiene Committee. A Senior Environmental Health Officer is a member of the Border Inspection Post Committee.

• The Department of Agriculture and Rural Development in relation to the operation of the Border Inspection Post.

• Merchant Navy Welfare Board (NI).

• The Public Health Agency in relation to the investigation of sporadic cases and outbreaks of food related infectious disease.

• Liaison with HM Customs and Excise nationally and locally in relation to imported food controls.

• Liaison with Department of Environment, Planning Service to review related applications.

• Department of Regional Development Water Quality Liaison Group.

• FSANI through the enforcement stakeholder meetings, the NIFLG, and numerous other formal and informal meetings.

• Safe Food through projects and working groups on the Island of Ireland

• The Regional Advisory Committee on Communicable Disease Control - Community Infection Control Sub-Committee.

• The Northern Ireland Area Medical Advisory Committee - Infectious Disease Sub Group.

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Close liaison is maintained with the Council's Building Control Service and Waste Management Service, which are both services within the Health and Environmental Services Department as well as with the other units across the Environmental Health Service. 3.9 Promotion of Food Safety and Healthy Nutrition The Council carries out educational and promotional activities as an integral part of their food safety duties. In addition to this specialised promotional activities are carried by the Food Safety & Port Health Unit. Joint working arrangements are also being developed between the council and the Belfast Health and Social Care Trust to try and tackle a range of health issues including the continued rise in obesity in children. This work will focus on improved nutrition as well as increased physical activity. The effectiveness of educational programmes and projects will be assessed using delegate evaluation forms, contact by managers and, where possible, by feedback from officers carrying out premises inspections. All promotional programmes are evaluated using a number of measures such as customer surveys, checking awareness of key messages, measuring participation or readership and officer debriefing. Educational and promotional activities planned for 2009/10 include the following

Promotional Activity Estimated Resources

Food Safety Week (including preparation & delivery) 40 hours

Specialised educational programmes on food safety and nutrition for businesses, voluntary groups, schools etc.

40 hours

Review and development of the Food hygiene (scores on the doors) publication scheme

500 hours

To produce a Food Issues newsletter for food businesses in Belfast to raise awareness of services provided, the law, nutritional and allergens issues.

100 hours

To hold 1 pilot Basic nutrition course for businesses and carry out an evaluation

50 hours

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Promotional Activity Estimated Resources

To launch a media campaign to promote healthy Chinese project and deliver the wider nutritional message.

50 hours

To hold workshops for businesses with regard to the Scores on the Doors scheme

200 hours

To deliver healthy Chinese project

500 hours

To organise a seminar for Food Importers, Customs Clearance Agents and HMRC in relation to the new import controls on high risk products of non animal origin

50 Hours

To hold at least one business forum 50 hours

To publish at least one article in City Matters and at least two articles in provincial papers

100 hours

4.0 Resources 4.1 Financial allocation Details of the budget for the delivery of the Council's food service are shown in the table below. The function accounts for 100% of the costs of the Food Safety Unit, approximately 70% of the Port Health Unit. IT equipment is included under equipment, tools and furniture, while service and maintenance charges are included under internal reallocation charges. The cost of procuring samples is included in equipment, tools and furniture, while analysis is funded from hired/contracted services. Legal services are included under internal reallocation charges.

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Expenditure Actual 2007-2008 Actual 2008-2009 Estimate 2009-

2010

Salaries 638,451 693,707 833,782

Wages 20,752 395 0

Employer's NIC 52,046 44,381 59,684

Employer's Superannuation 80,859 95,852 126,272

Agency and Other 54,000 133,414 0

Training 16,592 29,570 21,740

Other Employee Expenses 0 1,488 0

Employee Related Insurances 1,047 938 1,052

Employees 863,747 999,745 1,042,530

Utility Costs 980 2,484 3,150

Rents/Rates & Security 57,760 62,266 64,444

Repairs to Buildings/Property 3,588 613 1,400

Cleaning of Buildings 0 0 0

Premises Related Insurances 2,240 2,903 2,557

Premises 64,568 68,266 71,551

Equip Tools & Materials 10,616 4,342 12,450

Hired & Contracted Services 95,779 116,766 78,825

Licences 240 0 0

Clothing Uniforms & Laundry 1,143 786 1,850

Supplies and Services 107,778 121,894 93,125

Mileages Allowances/Fares 29,844 30,517 31,321

Transport & Heavy Plant 29,844 30,517 31,321

Printing Stats & Publications 2,456 2,544 3,560

Postage & Telephones 6,033 5,509 6,400

Conferences & Approved Visits 4,750 1,338 2,590

Other Establishment Expenses 1,696 2,150 888

Support Services Cost 91,049 105,479 75,892

Internal Reallocation Charges (Food Safety & Port Health & includes Pennington) 155,945 97,207 201, 137

Advertising / Marketing 0 649 4,000

Establishment Expenses 261,929 214,876 93,330

Miscellaneous 36 0 0

Compensation Claims 0 0 0

Subscriptions & Grants 2,414 1,434 3,361

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Miscellaneous 2,450 1,434 3,361

Gross Expenditure 1,330,316 1,436,732 1,536,355

Income 270,717 259,633 230,269

Net Expenditure 1,059,599 1,177,099 1,306,086

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4.2 Staffing allocation In recent years, the Environmental Health Service has adopted a more flexible approach to the allocation of qualified environmental health officers to areas of work within the Service. A policy has been adopted by the Council allowing for the number of appointments to posts to exceed establishment, provided that it is within budget. This is allowing the Service to manage such staff issues as turnover and career breaks with minimum disruption to the services provided. The staffing level on food safety outlined below is therefore a snapshot, which may change as the need arises.

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4.2.1a ESTIMATE OF RESOURCE (TIME) REQUIREMENTS

Activity No Tasks Time/task Total Hours

Cat A inspections Hygiene 8 4.5 36

Cat B inspections Hygiene 148 4 592

Cat C inspections Hygiene (non-broadly compliant)

437 3 1311

Cat C interventions Hygiene (broadly compliant)

350 1.5 525

Cat D inspections Hygiene 10 1.5 15

Cat D interventions Hygiene 210 1 210

Cat E inspections Hygiene 37 1 37

Alternative Enforcement (category E Hygiene)

122 0.5 61

Unrated and unplanned (events)

450 4 1800

Cat A inspections Standards 10 3 30

Cat B inspections Standards 102 1.5 153

Cat C inspections Standards Alternative Enforcement

6 1 6

Unrated and unplanned events

450 3 1350

Revisits 1000 1.25 1250

Advisory and other visits 1000 1 1000

Micro sampling 1050 0.5 525

Chemical sampling 460 1.25 575

Complaints 675 3.5 2363

ID investigations 200 1 200

Food Alerts For action 10 50 500

Prosecutions 6 20 120

Formal cautions 11 10 110

Planning reviews 180 2 360

Staff Development 20.7 30 621

Working groups and initiatives with other external partners and stakeholders including NIFLG, FSA, NIFLTG, APHA

2000

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Activity No Tasks Time/task Total Hours

Management of service and staff

2,500

Staff meetings 1000

Projects e.g. web development, procedures, campaigns

1000

Continuation of Scores on the Doors – including NI and National scheme involvement

1000

Documentary & phys. checks of food stuffs imported from outside EU.

215

Chemical & micro sampling by Port Health

120

To inspect vessels to monitor compliance with Food Safety and Public Health Legislation.

800 1.25 1000

Introduce Flare together with the new monitoring system

600

4.2.1 Food Safety and Port Health Unit The full staffing compliment on the Food Safety & Port Health Unit has the equivalent of 19.5 full-time staff engaged in food safety work. All officers hold specific qualifications as required by the Code of Practice and are authorised for duties in accordance with the Council's documented procedure. (See table below). It should be noted that out of the staff complement one Principal Environmental Health Officer and 3 Senior Environmental Health Officers are based in the Council’s Port Health.

Hours

Position Name (Full or Part time) Authorisation FTE

Environmental Health Manager

Damian Connolly FT Full (plus approved premises)

0.4

Andrew McClenaghan

FT Full (plus approved premises)

0.8 Principal EHO (Food Safety)

Stephen Leonard FT(on secondment)

Full 0.8

Principal EHO (Port Health)

Ian Lee FT Full 0.7

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Principal EHO (acting)

Helen Morrissey FT Acting Part (High Risk premises plus Imp Not)

0.8

QAM/SEHO Bridin Mulvenna-Crinion

FT(on secondment as QAM)

Full plus approved premises

1.0

Senior EHO Kara McMillan FT Full (plus Approved premises)

1.0

Senior EHO Hilary Byrne PT Full (plus Approved premises)

0.5

Senior EHO Elizabeth Gilchrist

FT Part (High Risk premises plus Imp Not)

1.0

Port Health SEHO

Timothy McKillen FT Full 0.7

Port Health SEHO

Karen Williams FT Part 0.7

Port Health SEHO

Niall Convery FT Full 0.7

EHO Tony McKinless FT Full (plus Approved premises)

1.0

EHO Christina McErlean

FT(on maternity)

Full (plus Approved premises)

1.0

EHO Catherine Treche FT Full 1.0

EHO Clare Dolan FT (due to go on maternity leave June 09)

Full (plus Approved Premises – Coldstores)

1.0

EHO Riona Flynn FT Full 1.0

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EHO Paula McAtamney

FT Full 1.0

EHO Helen Delargy FT Part 1.0

Gareth Houston

FT(temp secondment as EHO to cover Maternity leave)

Full 1.0 Food Safety Technical Officers

Emma Cowley FT Full 1.0

Geraldine McCusker

FT Informal Sampling

0.7 Trainee Food Safety Inspectors

Tanya Rutherford FT (second year to finish Aug 09 end of contract)

Informal Sampling

0.3

TBC FT (new

trainee to be recruited)

Informal Sampling

0.4

TOTAL 19.5 Current vacancies are being covered by agency staff, cover provided for maternity leave and secondments. Full Authorisation: authorised by Belfast City Council to enforce the provisions of The Food Safety Order (Northern Ireland) 1991 and any Orders or Regulations made there under or relating to the foregoing or having effect by virtue of the European Communities Act 1972. 4.3 Staff Development Plan The development needs of the Food Safety and Port Health Unit are identified as part of the Council's business planning process, and through personal development planning. Relevant local training is identified by the Northern Ireland Food Liaison Group, the Food Standards Agency Northern Ireland and the Public Health Agency. Training needs are also reviewed during the year to take into account staff changes and other issues identified. In-house briefing sessions are delivered regularly as part of monthly section meetings.

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Specific training planned for 2009/10 is attached in Appendix 2 5.0 Quality Assessment 5.1 Quality Assessment The following arrangements are in place to ensure the quality of the services provided by the Food Safety and Port Health Unit:- 5.1.1 Internal Monitoring Arrangements Procedures have been drawn up and implemented to monitor the quality of work of officers assigned to the Food Safety & Port Health Unit which cover all aspects of the Standard and help ensure procedures are fully implemented. Current procedures include: • monthly individual meetings with principal EHO

• use of procedure notes

• use of standardised inspection report forms, letters and phrases

• review of post-inspection paperwork

• monitoring of inspections, visits and actions by documentation checks and accompanied visits

• post complaint investigation monitoring

• approved premises file review and monitoring

• verification visits of inspections carried out

• monthly Unit Meetings of Food Safety and Port Health Unit, daily briefings

• ad-hoc seminars/exercises and training

• weekly mini-meetings of sub-sections (proactive, reactive, and port health teams)

In 2008/09 the Food Safety Unit was also audited by the Council’s Audit Governance and Risk Services. The audit reported to management and the Audit Panel with an Assurance Level Green however there were a few minor issues to be followed up. As a result of this audit, an action plan was drafted and completed within an agreed timescale in order to continue to improve services by Food Safety & PortHealth unit. 5.1.3 External monitoring and verification The Environmental Health Service achieved Investors in People in April 2008. An inter authority audit of the food enforcement service was carried out in Feb 2009 by Principal EHOs from Environmental Health Group Committees. The report into this audit is due in July 2009. The audit focused on the application of Code of Practice Annex 5 Food establishment intervention rating scheme, Database Management, Inspections and Internal Monitoring Arrangements. Several areas of good practice were identified at the closing meeting of the audit with no significant

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non-conformances highlighted at this time. Following receipt of the final audit report as necessary an action plan shall be drafted and implemented to ensure continued service improvements. The report and action plan shall be presented to committee and submitted to the Food Standards Agency Northern Ireland. The Food Safety Unit also uses a quality and performance matrix to score the service and compare performance against other Northern Ireland authorities. Arrangements are in place to moderate scores between councils for consistency. The matrix scores are submitted to the DOE Local Government Division and used as best value performance indicators. In September 2009 the operation of the Border Inspection Post for the control of imports in relation to products of animal origin will be audited by the European Commission Food & Veterinary Office. 6.0 Review 6.1 Review against the Service Plan Performance against the unit’s business plan is reviewed in line with the Environmental Health Services Performance management framework. This includes a quarterly review by the Service Environmental Health Management Team. The service plan will also be reviewed as part of the Council's business planning process. This process requires reports to be provided to the Health and Environmental Services Committee at 6 monthly intervals, detailing performance against the standards set out in the service plan and the corporate plan. Summary performance information on the previous year’s service plan will be reported with each Food Service Delivery Plan. The report shall also identify any variance together with areas of improvement. (See Appendix 1).

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Appendix 1: Performance report on Food Service Delivery Plan for 2008/09 Departmental Plan Targets

Performance Indicator

Target 2008/2009

Achieved 2008/2008

Explanation of variance and improvements for

09/10

Number of Ships inspected

800 774 97%

3% variance due to staffing issues (training of new staff

& general reduction of shipping within Belfast

Port)

Number of imported food consignments

examined

250

272

109%

Exceeded target

% of manifests examined for imported food

stuffs

100

100

Target met

% of the food hygiene

programme complete

100%

99.8%

Variance insignificant

% of food complaints

resolved within 8 weeks

75%

72%

Secondment of line manager and acting up

affected performance and performance management

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2. Other relevant performance Information

Performance measure Target Achieved Variance and Areas for

Improvement

% of Planned Food Standards Inspections completed

100% 99% Variance insignificant

Micro Samples Taken

945 (90% of planned 1050)

1093 (104%)

Target Exceeded

Chemical Samples Taken 594 (90% of planned 660)

692 (104%)

Target Exceeded

% of Food complaints responded to within target(48

hours)

75% 96% Target Exceeded

Appendix 2 Food Safety & Port Health Training Plan 2009/10

Unit Objective

Development Objectives

Learning & Development activity

Staff Numbers

Timescale Resources Evaluation

Quality customer centric services

To register as accredited trainers for CIEH courses in hygiene and nutrition

Completion of train the trainer

3 RF,KMcM,EG

Before end June

£1050 for 3 Registration and deliver of courses

Quality customer centric services and human resource management

To ensure officers continue to develop technical skills and keep up to date

Attend applied microbiology course in England

2 KW and Paula

April 09 £1200 plus flights

EHF

Quality customer centric services and human resource management

To train and qualify food inspectors

Higher diploma in food premises inspection Food Standards Module

2 GMcC, TR Emma

£3200 £600

1 student graduates 1 student successfully completes first year

Human resource management

Time management(Drew to arrange) Stress management (Karen to arrange)

Time Management Stress Management Dealing with

15 officers

TBC TBC EHF

Page 130

Dealing with difficult customers(Helen to arrange)

Difficult Customers

Quality customer centric services and human resource management Engaging with elected members

To keep uptodate with strategic matters and build support with elected members

Port Health Conference

2 officers and two elected members

September 3.5 K for 4 EHF


FSA supported Food Incidents Meat inspection Food labelling Working with Diverse Communities

4HM,HB,KMcM TMcKillen 4 RF CT EG GH 4 EG EC PMcA TBC 4 DMcC HM EG PMcA

TBC Low cost as supported by FSA

EHF Cascade


CIEH Pest Control Guidance Gareth Houston to organise (Gary Moore Lisburn)

All food and port

Before end of june

EHF


To train officers to inspect approved premises

Post Graduate Diploma

2 RF PMcA/EG

September Obtain qualification


CIEH Fat Oils and Grease

GH officers to cascade

14th September

£135 per member

EHF plus review of our design advice, cascade


CIEH Incident investigation and management

HM, AmcC, IL, BMC

19th October £135 each member

EHF


CIEH Practical Pest Control

4 PMCA HB CT TMcKinless plus cascade

2 November £135 per member

EHF

Quality customer

FSA/ABC Official Fish Inspectors

4 IL TMcKillen KW NC CT

May 2009 No cost EHF

Page 131

centric services

Coarse


CIEH/FSA Weekend port health school

KW TBC £250 plus flight.

EHF


RPHA Listeria training All food inspectors

TBC


DEFRA/FSA BIP Update Training

1 Port Health Officer (1 officer for 2 days)

July 2009 January 2009

No cost – flight only

EHF & Cascade Training to rest of Port


APHA/CIEH Port Health SIG

International Health Regulations Update Training

1 officer TBC £75 plus flight

EHF & Cascade Training to rest of Port

Page 132


RSPH E.Coli Conference Cases Controls & Common Sense

2 DC HM May 09 £330 plus flights & overnight accomodation

EHF & Cascade


Safefood & Cross Border Health Protection Agencies

Zoonoses Seminar

4 DMcC BMC AmcN LB

Sept 09 Free event + 1 car travel costs only

EHF & Cascade


NIFLG Food Standards in bakeries

4 TMcKinless CD HD PMcA

April 09 EHf & Cascade

Page 133

BLANK PAGE

Page 134


Report to: Heath and Environmental Services Committee

Subject: George Best Belfast City Airport

Date: 5th August, 2009

Reporting Officer: Suzanne Wylie, Head of Environmental Health, ext 3281

Contact Officer: Suzanne Wylie, Head of Environmental Health, ext 3281


Members will be aware that the Planning Service is considering currently an application to extend the runway at the George Best Belfast City Airport. Since the last meeting of the Committee, two letters have been received in relation to the Airport. Firstly, an invitation has been received from Strategic Planning, the company which acts as public affairs and planning consultants for the George Best Belfast City Airport, for the Committee to undertake a visit to the Airport. The visit will conclude with a presentation by the Airport’s senior management team. Secondly, at its meeting on 7th January, the Committee agreed that the Ministers with responsibility for Health and the Environment be requested to require that a Health Impact Assessment of the proposals contained within the planning application be undertaken. The Council has received recently from the Planning Service a copy of the Health Impact Assessment and officers from the Council’s Environmental Protection Unit are currently formulating a response to the document. In relation to the Assessment, the applicant has advised the Council that it will be holding a workshop in September to discuss the Health Management Plan which will be put in place as a result of the Health Impact Assessment. The applicant has indicated that it will make available a number of places to Members and has suggested that it would be of particular relevance to those whose electoral areas are most affected by the operation of the Airport.

Key Issues

Members are requested to consider the invitation from Strategic Planning and the nomination of Members to participate in the aforementioned workshop.



None

Recommendation

The Committee is asked to: (i) consider the request from Strategic Planning to undertake a visit to the

George Best Belfast City Airport; and (ii) nominate Members from those electoral areas most affected by the operation

of the airport to attend the workshop in September.


N/A

Documents Attached

None

Decision Tracking

N/A

Page 136


Report to: Heath and Environmental Services Committee

Subject: Future Alleygating Projects

Date: 5 August, 2009

Reporting Officer: Suzanne Wylie, Head of Environmental Health, ext 3281

Contact Officer: Suzanne Wylie, Head of Environmental Health, ext 3281


Members will recall receiving during the course of this year a series of reports setting out proposals for the rolling-out of future alleygating projects across the City. At its meeting on 6th May, the Committee agreed that the Ministers with responsibility for Roads, Social Development and Criminal Justice be requested to meet with an All-Party delegation from the Committee to discuss issues surrounding alleygating in the City. Responses have now been received from each of the Ministers, copies of which are attached for information. A brief summary of each reply is provided below: Minister Goggins has highlighted the work being undertaken currently by officials within the Northern Ireland Office to develop a business case aimed at securing funding for a regional alleygating scheme across Northern Ireland. The Minister has requested officials to keep Council officers apprised of this work and would be agreeable to facilitate a meeting once a business case and associated funding is in place. The response from the Minister with responsibility for Social Development recognises the role of the Council and the Northern Ireland Office as the lead statutory organisations in relation to alleygating. The response states also that, since alleygating appears as a priority issue in several Neighbourhood Renewal Action Plans, it is of interest to the Department, especially through the work of the Belfast Regeneration Office. The letter indicates that there might be an opportunity for the Department to contribute to new schemes if they were complementary to plans in Neighbourhood Renewal Areas and has advised that the Director of the Belfast Regeneration Office will contact Council officers in order to arrange a meeting. The reply from the Minister with responsibility for Regional Development affirmed his commitment to work with the Council to ensure the success of future schemes. However, it indicates that, as the Department’s role is limited to facilitating the statutory process in relation to the legalities relating to restriction of access, there would be little benefit to be derived from his attendance at any meeting. It does however state that an officer from the Roads Service would be willing to attend.


Key Issues

The Council has completed recently a pilot scheme which led to the installation of approximately two hundred alleygates in five areas across Belfast. An independent evaluation of the scheme has indicated that it has been effective in addressing crime, fear of crime and anti-social behaviour in these areas and has led to increased requests for alleygating to be extended to other areas. The Council has agreed criteria for the roll-out of a new citywide scheme should funding be secured. It has also agreed that any capital programme funding approved by the Strategic Policy and Resources Committee for alleygating will be divided equally between the North, South, East and West of the city.


The Council’s Capital programme includes a project for Alleygating with a value of £500,000. However, the Committee will be aware that the capital programme has to be re-prioritised within affordability limits and that the projects such as Alleygating will be subjected to the gateway review process for which an outline business case has been prepared.

Recommendation

The Committee is asked to note the responses which have been received.


N/A

Documents Attached

Responses from Ministers with responsibility for Social Development, Regional Development and Criminal Justice.

Decision Tracking

N/A

Page 138


Report to: Health and Environmental Services Committee Subject: Update on Work of Dog Warden Service Date: 5th August, 2009 Reporting Officer: Suzanne Wylie, Head of Environmental Health, ext 3281 Contact Officer: Yolanda Elwood, Dog Control Manager, ext 5338


Belfast City Council’s Dog Wardens provide a seven day service operating from 8.00 am to 8.00 pm each day. These new working hours have been in place from November 2008 and are working well. The section is managed by a Dog Control Manager who is supported by two Dog Warden Supervisors. They manage a total of nine wardens and one Dog Collection Officer who engage in a range of activities across the city. The team operates out of the Council premises at Dargan Crescent. The primary objective of the Dog Warden service is to bring about responsible dog ownership. The staff work to achieve this by enforcement of a range of dog related legislation, through education and awareness raising activities and by working with other Council Departments and outside agencies. It is difficult to put a figure on the number of dogs there are in the city, however last year over 11,000 licences were issued by the Council. The Wardens also take every opportunity to ensure that dog owners do licence their pets, whether following seizure of a stray animal, the issuing of a fixed penalty for fouling or when investigating an alleged attack. Failure to licence results in a Fixed Penalty or prosecution. The Committee will be aware that the Minister for Agriculture and Rural Development initiated a review of the Dangerous Dogs legislation last year. District council staff, including representatives from Belfast City Council Dog Wardens, met with the Minister and put forward suggestions to help inform the consultation process. The Council also wrote to the Minister following the Health and Environmental Services Committee meeting of 6th February, 2008 to suggest that the review should be more comprehensive to include licensing, fixed penalties and fouling. A copy of the letter to the Minister is attached in appendix 1. A consultation document from the Minister is still anticipated following this review, but no timescales have been put forward. The Committee may wish to write again to the Minister to ask for an update on the progress made with this review as well as the timetable for completion.


The Dog Wardens place significant importance on the issue of dog fouling. They work constructively with Cleansing Services and Parks, in particular, through the cross-Departmental working group on dog fouling. The Council has also commissioned research from Queens University on public attitudes to Dog Fouling. The results of this research should be available soon and it is hoped that it will help to inform an awareness raising project on fouling. Dog fouling also impacts on Cleansing Services and following the publication of the research, we intend to consider whether there could be a targeted behaviour change initiative on dog fouling within the overall litter campaign. Enforcement in relation to dog fouling continues to be the major focus and last year 144 fixed penalties for fouling were issued. The detection of offenders however can be very difficult, particularly when officers have to patrol the city in Council vans. In an effort therefore to improve their effectiveness the wardens are currently investigating the use of bicycles and preparations are now well advanced for the Dog Wardens to use these when patrolling certain areas of the city, particularly Council Parks. This will provide a useful, innovative and environmentally friendly approach to dealing with this serious nuisance. In addition to responding to requests for service or patrolling the city for dog related offences the staff also work with schools, statutory partners, community groups and with other council departments to address the range of problems that arise when people fail to exercise responsible dog ownership. Seized stray dogs are taken to the USPCA facility in Carryduff. The current contract with the USPCA, however, will expire at the end of March next year and staff are currently working to put in place appropriate kennelling arrangements from April 2010. The Dog Control Manager can deliver a brief visual presentation to the Committee on the work of the Dog Warden Service, should the Committee agree to this (presentation attached in Appendix 2).

Key Issues

• Belfast City Council provides a seven day Dog Warden service with officers on duty from 8.00 a.m. to 8.00 p.m.

• The primary objective of the service is to bring about responsible dog ownership.

• Staff carry out a range of functions including enforcement, education and partnership working.

• The review of the Dangerous Dogs Order may provide the Council with an opportunity to comment on the wider aspects of dog related legislation.

• QUB research on attitudes to dog fouling, which was commissioned by the Council, will be available soon and should facilitate an awareness raising and behaviour change project.

• Preparations are well advanced for the use of bicycles by dog wardens to assist, in particular, in the detection of incidents of dog fouling and the issuing of fixed penalties.

• Kennelling arrangements will need to be in place at the expiry of the current contract with the USPCA in March 2010.

Page 144

Recommendations

The committee is asked to:

• Agree to hear a brief presentation on the work of the dog warden service; and

• Agree to write to the Minister for Agriculture and Rural Development, requesting an update on the review of the Dangerous Dogs legislation and reiterating the Council’s previous suggestion that the review be expanded to include licensing and fixed penalty provisions and controls over fouling.

Decision Tracking

The Head of Environmental Health will draft the letter to the DARD Minister.


USPCA - Ulster Society for the Prevention of Cruelty to Animals DARD - Department of Rural Development

Documents Attached

Appendix 1 Letter to the DARD Minister on the review of Dangerous Dogs Legislation. Appendix 2 Presentation on the Dog Warden Service.

Page 145

BLANK PAGE

Page 146

APPENDIX 1 Ms Michelle Gildernew Minister for the Department of Agriculture and Rural Development Dundonald House Upper Newtownards Road Belfast BT4 3SB

Dear Minister,

RE: PROPOSED REVIEW OF DANGEROUS DOGS LEGISLATION

Belfast City Council’s Health and Environmental Services Committee, at its meeting of 6th February 2008, resolved to write to you regarding your proposed review of the legislation relating to dangerous dogs. I understand that you have since met with district council representatives on 25th February 2008 however, I have taken this opportunity to outline below the main issues of concern to Belfast City Council.

As you are no doubt aware, the Council has previously expressed concerns on a number of occasions with regard to the inadequacies of the existing legislation. Recent difficulties experienced by the Council’s Dog Warden service in securing a prosecution under the Dangerous Dogs Order, due to the defence arguing that the dogs’ did not exhibit characteristics of the type known as a pit bull terrier, clearly highlighted the current legislative shortcomings. The Committee therefore very much welcomes the proposed review but stresses that any such review must be sufficiently comprehensive to include all dog control legislation and should be underpinned by the principle of responsible dog ownership.

The Committee believes that legislating by breed, or breed type, under the Dangerous Dogs (NI) Order 1991, not only presents district councils with considerable enforcement difficulties but it also precludes from consideration other, often more dangerous, dogs. The Committee therefore believes that public safety would be better protected by repealing the Dangerous Dogs Order and strengthening the existing provisions under the Dogs (NI) Order 1983 to give district councils effective powers for dealing with any dog that is deemed to present a danger to the public.

The committee is also very aware of the unacceptable and illegal practice of breeding and training dogs for fighting. It is the view of the Committee however that, whilst such activities are often cruel and inflict unnecessary suffering on dogs, this is essentially an animal welfare issue and should not be policed by district councils. Rather this responsibility should lie with the Police Service and the USPCA.

The Committee welcomes the fact that you met with representatives of district councils in order to hear their views at first hand and a written submission was made at the meeting on 25th February by Belfast City Council outlining its views. The committee now looks forward to having the opportunity to put forward its recommendations in more detail during any formal consultation process on legislative change.

Yours sincerely Councillor Cathal Mullaghan Chairman Health and Environmental Services Committee Belfast City Council

Page 147

BLANK PAGE

Page 148

Dog Warden ServiceDog Warden Service

Page 1

49

The dog warden service works towards improving quality of life The dog warden service works towards improving quality of life now and for now and for

future generations by helping to create a healthier and safer Befuture generations by helping to create a healthier and safer Belfastlfast

We do this through,We do this through,

•• EnforcementEnforcement

•• EducationEducation

•• Offering information and advice on Offering information and advice on responsible dog ownershipresponsible dog ownership

•• Engagement with communitiesEngagement with communities

•• Partnership working with other Partnership working with other departments and organisationsdepartments and organisations

Pag

e 1

50

We are responsible for the enforcement of the Dogs (NI) Order 19We are responsible for the enforcement of the Dogs (NI) Order 1983 as 83 as

amended by the Dangerous Dogs (NI) Order 1991 and article 4 of tamended by the Dangerous Dogs (NI) Order 1991 and article 4 of the Litter (NI) he Litter (NI)

Order 1994Order 1994

This includes:This includes:

stray dogsstray dogs

dog attacksdog attacks

dangerous dogsdangerous dogs

dogdog licencinglicencing

dog foulingdog fouling

To be effective enforcement must not only punish unwanted behaviTo be effective enforcement must not only punish unwanted behaviours,ours,

it must also end them; and replace them with those that are desiit must also end them; and replace them with those that are desiredred

Page 1

51

Stray and unwanted dogsStray and unwanted dogs

1,352 stray and unwanted were dogs dealt with1,352 stray and unwanted were dogs dealt with

by the dog warden service last yearby the dog warden service last year

Over 300 dogs were actively seized by wardens on patrolOver 300 dogs were actively seized by wardens on patrol

Pag

e 1

52

Dog attacks and dangerous dogsDog attacks and dangerous dogs

102 reported dog attacks were 102 reported dog attacks were

investigatedinvestigated

145 reports of dangerous dogs were145 reports of dangerous dogs were

investigatedinvestigated

Page 1

53

Dog foulingDog fouling

The offence of The offence of

‘permitting your dog to foul in a ‘permitting your dog to foul in a

public place and failing to public place and failing to

make any attempt to clean up make any attempt to clean up

after it’after it’

can be difficult to detect since can be difficult to detect since

the owner must be the owner must be

accompanying the dog and accompanying the dog and

must be seen, by an must be seen, by an

authorized officer, to be authorized officer, to be

walking away.walking away.

Pag

e 1

54

Despite this, the dog wardens issued 144 fixed penalties for thiDespite this, the dog wardens issued 144 fixed penalties for this offence s offence

last year. This represents over 1/3 of the total number of fixedlast year. This represents over 1/3 of the total number of fixed penaltiespenalties

issued in Northern Ireland. In addition, 27 prosecutions were issued in Northern Ireland. In addition, 27 prosecutions were

successfully pursued in relation to non payment of the mitigatedsuccessfully pursued in relation to non payment of the mitigated penalty.penalty.

0

20

40

60

80

100

120

Belfast CC Omagh DC North Down

BC

Down DC Banbridge DC Lisburn CC Cookstown DC Fermanagh

DC

Newry &

Mourne DC

Local Council Area

No

Fix

ed

pe

na

ltie

s

FP's Fouling Per Local Council 1/4/07- 31/3/2008

Page 1

55

Wishful thinkingWishful thinking

Pag

e 1

56

Education, information and adviceEducation, information and advice

School visitsSchool visits

‘Bee Safe’‘Bee Safe’

BarkingBarking

Aggression and socializationAggression and socialization

FoulingFouling

Responsible dog ownershipResponsible dog ownership

Page 1

57

The service aims to meet the needs of the local community througThe service aims to meet the needs of the local community throughh

engagement and the effective planning and delivery of customer fengagement and the effective planning and delivery of customer focusedocused

servicesservices

Friends of Grove ‘Bark in the Park’ fun dayFriends of Grove ‘Bark in the Park’ fun day

Attendance at community group meetings, local information days aAttendance at community group meetings, local information days andnd

forumsforums

Participation in SNAP and neighbourhood engagement programmesParticipation in SNAP and neighbourhood engagement programmes

Pag

e 1

58

Internal partnership working Internal partnership working

Cross Departmental Dog Fouling Cross Departmental Dog Fouling

Working GroupWorking Group

Cleansing DepartmentCleansing Department

Parks DepartmentParks Department

Environmental ProtectionEnvironmental Protection

Emergency planningEmergency planning

Page 1

59

External partnership workingExternal partnership working

Royal MailRoyal Mail

PSNIPSNI

Dog TrustDog Trust

Review of legislation and MOU in Review of legislation and MOU in

regard to prescribed dogsregard to prescribed dogs

Emergency planningEmergency planning

Queens University Queens University

Pag

e 1

60

Sometimes we have bad days too!Sometimes we have bad days too!

Page 1

61


Page 162


Report to: Health and Environmental Services Committee

Subject: Consultation Document: Building Sound Foundations –

A Strategy for the Private Rented Sector Date: 5th August, 2009 Reporting Officer: Suzanne Wylie, Head of Environmental Health, ext 3281 Contact Officer: John Corkey, Environmental Health Manager, ext 3289


In May of this year, the Minister for Social Development launched proposals on a strategy for the private rented sector for consultation. The proposals set out the Department’s overall objective for the private rented sector and describe how they have been developed in light of the changing nature of the sector. The document details its proposals around specific areas including the Private Tenancies Order, tenancy management, security of tenure, fitness and affordability. Although there are specific questions at the end of each section, respondents are encouraged also to make general comments. Belfast City Council has a very long tradition of involvement in the private rented sector, primarily through its role as a regulator of housing standards but also in respect of its statutory duties under the Public Health Acts. The enhanced powers recently devolved to district councils under the Private Tenancies (NI) Order 2006 (PTO) along with the proposed transfer of certain housing functions from the Northern Ireland Housing Executive (NIHE), in particular unfitness and Houses in Multiple Occupation (HMOs), confirm the importance of the evolving role that district councils have in regulating the private rented sector. The Council therefore must be seen as a key consultee in this process. The rise in house prices during the most recent period of economic growth saw a significant increase in the buy-to-let market. Many speculative purchases were made with new owners renting out their properties pending further price rises. The subsequent fall in prices has however resulted in a significant reduction in house sales with many landlords forced, through financial necessity, to retain their properties. These circumstances need to be specifically considered and addressed if the Department’s vision for the sector is to be realised, i.e: “…a professional, well managed, service driven sector, strongly grounded in high standards and good practice. A sector based on a clear understanding of the rights and responsibilities of both the

Agenda Item 6ePage 163

providers of the service and the responsibilities of those tenants, as users of the service.” The outworking of the Department’s vision must therefore be capable of targeting those landlords who are not prepared to assume their responsibilities in managing their properties. The future regulatory role of district councils therefore will be key to fulfilling this vision. The Department has indicated that, following consideration of all responses, a final strategy for the private rented sector will be published in autumn 2009. They have therefore asked for comments to be submitted by 7th August 2009. A draft response is attached.

Key Issues

• The DSD’s consultation paper seeks views and comments on proposals to develop a healthy and well managed private rented sector.

• The private rented sector in Northern Ireland increased from 50,000 occupied dwellings in 2001 to 81,000 in 2006 (NIHCS) accounting for 11.5% of the total housing stock.

• District Councils, and Belfast City Council in particular, have a long tradition of regulating standards in the private rented sector.

• The experience and evolving role of district councils in the private rented sector, including the transfer of certain housing functions under RPA, makes them key to the delivery of the Department’s proposed strategy for the sector.

• The role of district councils in regulating the private rented sector must be viewed within the wider context of the transfer of HMO powers to district councils under RPA.

• The shortage in social housing is reflected in the most recent House Condition Surveys. In 2001 there were 116,000 NIHE properties compared to 93,400 in 2006.

• The private rented sector attracts £188m in Housing Benefit per year and at least 50% of the private rented sector tenants claim this benefit thus illustrating the importance of this sector in housing low income people, many of whom previously relied on social housing.

• 71% of landlords have 5 properties or less, 80% rent property as a sideline to their main occupation and 91% gave economic motivation as a reason for becoming a landlord.

• The Department’s comment that “…a perception of bad management continues to exist” would also reflect the views of Environmental Health staff with regard to a number of landlords.

• There is no centrally maintained data source relating to any part of the private rented sector. Mandatory registration for landlords, however, would facilitate regulation of the sector and would provide Councils with more relevant information.

• The Department is advocating a form of voluntary landlord accreditation stating that mandatory registration of landlords would be unnecessary and unfair. The Council’s draft response to the document states that a compulsory registration scheme should be introduced.

Page 164

• With unfitness in the private rented sector at 2.7% (2006 HCS) the current fitness standard no longer provides a useful measure of housing conditions.

• This in turn results in low levels of unfitness being recorded and therefore limits the effectiveness of the PTO in driving up standards.

• England and Wales use the Housing Health and Safety Rating system (HHSRS) as a measure of fitness. It is a risk based holistic standard that takes into account the needs of the tenant. The Council’s response calls for this system to be introduced in Northern Ireland.

• The Department is advocating that all privately rented houses meet the Decent Homes Standard by 2015. This however would not be comparable with England and Wales where the HHSRS has replaced the fitness standard as an element of Decent Homes.

• The move from 26 to 11 district councils under RPA will facilitate more consistency in enforcement across the province.

• The Department is seeking to encourage uptake in the private rented sector as an option for those who traditionally look to the social sector for housing

• The proposed improved security of tenure should reflect the protection afforded to people living in social housing.


Mandatory registration for all private landlords would facilitate the regulation of the sector and assist in the targeting of resources. Additional administration costs could be offset by registration fees. Registration already exists for HMOs, so comprehensive registration would be a natural extension of what was already happening. The transfer of the HMO function in 2011 to district councils will necessitate the transfer of staff experienced in managing and administering private sector registration

Recommendation

It is recommended that the Committee endorses the attached draft response to the DSD’s consultation document and agrees that it be submitted to DSD before the end of the consultation period on 7 August with a covering letter explaining that the comments are subject to consideration by the full Council on 1st September.

Decision Tracking

If the Committee endorses the proposed response the Head of Environmental Health will arrange for the response, and a covering letter, to be forwarded to the DSD before 7 August 2009.

Page 165


DSD - Department for Social Development PTO - Private Tenancies (NI) Order 2006 NIHE - Northern Ireland Housing Executive HMO - House in Multiple Occupation NIHCS - Northern Ireland House Condition Survey RPA - Review of Public Administration HHSRS- Housing Health and Safety Rating System

Document Attached

Draft Council response to the Department for Social Development’s consultation paper on a strategy for the private rented sector.

Page 166

BELFAST CITY COUNCIL’S RESPONSE TO THE DEPARTMENT FOR SOCIAL

DEVELOPMENT’S CONSULTATION PAPER:

BUILDING SOUND FOUNDATIONS: A Strategy for the Private Rented Sector

Introduction Belfast City Council welcomes the Department’s initiative in bringing forward this Consultation Paper on a strategy for the private rented sector. The Council’s historical and ongoing role in the regulation of standards in the private rented sector, along with its daily engagement in this sector through its statutory duties under the Public Health Acts, provides it with a unique depth of knowledge and experience of this sector. In addition, the recently enacted Private Tenancies (NI) Order 2006 has provided Councils with enhanced powers for dealing with private rented sector problems and further builds on that experience. Involvement with the private rented sector together with the proposed transfer of certain housing functions from the Housing Executive to district councils, in particular houses in multiple occupation (HMOs), clearly places Councils at the heart of engagement and regulatory control of this sector of the housing market. The decisions taken by the Department therefore, for the development of a long term strategy for the private rented sector, will have a significant impact on the existing and evolving regulatory and advisory roles of the Council in relation to its statutory housing functions. Background This consultation is very timely in light of the significant changes that have taken place in recent years. The private rented sector grew rapidly during the economic boom. This was due primarily to the disproportionate and rapidly escalating price rises over the last 15 years and the growth in the buy-to-let market. Houses were often built and used as speculative assets rather than being built as homes for people to live in. Some houses simply remained unoccupied but many of these speculative purchases resulted in owners renting out their properties pending further price rises. The economic downturn however has left many of them with unwanted properties which they can’t or won’t sell but which they continue to rent. In addition, owner occupation has increased significantly over the last 20 to 30 years with a commensurate increase in people inheriting a home from their parents. The stall on house sales, due to the economic downturn, means that many of these “accidental landlords” are renting out inherited properties pending an anticipated upturn in prices. In light of the changing dynamic of the housing market, and the private rented sector in particular, any housing strategy must take account of a range of issues if it is to be fit for purpose. Whilst the sector straddles the full spectrum of socio-economic classes it is important to design private rented sector strategy to take account of the most vulnerable people who are likely to be accommodated in rented housing. The progressive reduction in social housing will result in more people from the poorest extremes of society requiring access to the private rented sector bringing with them all the inequalities that beset the most disadvantaged in society.

Page 167

The Department’s vision, as set out in the consultation document, of “…a professional, well managed, service driven sector, strongly grounded in high standards and good practice…”, must acknowledge that there are many landlords or speculators, now burdened with properties that they don’t want but can’t sell, or “accidental landlords” who simply want an income from an inherited property before selling. These people will not easily fit with the Department’s objective of developing a healthy private rented sector capable of responding more effectively to housing need. Regulatory control of this sector therefore must be capable of targeting those landlords who are not prepared to assume their responsibilities in managing their properties and the Council sees the developing regulatory role of district councils as key to fulfilling this objective. General Comments The Council has provided individual responses at the end of this report to the specific questions contained in the consultation paper, however, in light of the Council’s existing and developing role in the private sector it is important that its views are not restricted and so it has taken the opportunity, in the first instance, to provide an objective overview and address the issues from the perspective of the Council’s own experience of the private rented sector. The Department’s stated aim is to offer greater choice in meeting housing need, particularly for those people who traditionally look to the social sector for housing. The social sector, by definition, provides good housing, professional management and security of tenure, however, at present there is no specific incentive for private sector landlords to emulate this. Indeed, many private sector landlords fall well short of these standards. Bearing in mind that social housing often meets the housing needs of the poorest in society the Council is concerned that a move away from this to private renting would result in a lowering of standards for those who are most in need. Any housing policy that increases the number of people renting privately by reducing the availability of social housing must ensure that robust regulatory controls are in place to protect the most vulnerable. It is apparent that previous housing policy failed to prevent problems around affordability or the relentless development of dwellings purely as speculative enterprises rather than as homes for people to live in. Consequently, whilst the Department’s key principles appear to be sound, they need to be capable of underpinning a strategy that is sustainable through the economic cycle. The problem of insufficient data, highlighted in the document, should prompt empirical research by the Housing Executive to provide the necessary evidence base that is required to inform housing policy. However, it is important to appreciate that district councils, and Belfast City Council in particular, have many years experience in regulating the private rented sector and have developed a corporate collective knowledge of the issues associated with privately rented houses. The Council also considers it appropriate that the Department consulted with the Chief Environmental Health Officers Group, through the Public Health and Regulatory Services Group, who represent Environmental Health staff from across the province including Belfast City Council. Although reliable data sources are not always readily available, important information is available from the Housing Executive’s House Condition Surveys (HCS). The 2006 HCS confirmed that there were 95,000 privately rented dwellings in the province (13.4% of the total housing stock). The number had doubled in 5 years and the 2009 HCS is likely to confirm that this number has increased yet again. The growth in the Private Rented Sector is likely to continue as more and more people experience

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affordability problems along with a decrease in available social housing. The Department for Social Development Accounts (2007-2008) records £188m per annum in Housing Benefit paid to those living in the private rented sector, providing further evidence that this sector is accommodating some of the poorest and most disadvantaged people in society. Whilst there is no centrally available data to track changes in the sector, such as the number and types of tenancies, there is a wealth of information in the Council’s recording systems as well as the subjective information from Environmental Health staff who engage on a daily basis with this sector of the housing market. Private Tenancies (NI) Order 2006 The Private Tenancies (NI) Order 2006 (PTO) provided district councils with added powers for dealing with properties in the private rented sector and, in particular, for dealing with levels of unfitness through rent control. The Consultation document confirms the effectiveness of the PTO by reporting that three quarters of all unfit properties were made fit following rent control (paragraph 4.7). The suggestion in the document however that, where there is a high concentration of private rented property, the level of activity in relation to fitness is less than expected, is incorrect in respect of Belfast, as is clearly illustrated in Map 1, (p15). The low levels of unfitness generally however inevitably limit the effectiveness of the PTO in further driving up standards. In order to provide district councils with the tools to ensure that housing for low income families in the private rented sector is comparable with social housing there needs to be a review of existing statutory standards and their enforcement regimes. Information The availability of Guides for Landlords and Tenants on the Housing Executive’s website is to be welcomed. This information however should also be hosted on District Councils’ websites. The involvement of District Councils in the Regulation of the Private Sector would make them an obvious source for this type of information. Enforcement The document suggests that there is a lack of focused and consistent enforcement action across the Council areas. Whilst this may be true, as a generality, Belfast City Council would highlight its commitment to enforcement which is clearly demonstrated in Table 2 (p 19) of the document. It is also important to stress the additional work carried out by Belfast City Council particularly around investigations of harassment and illegal eviction. The development of a comprehensive register of private sector tenancies would however greatly facilitate the whole process of regulation and enforcement. Whilst the Department has expressed reservations regarding the extent of public investment required to establish and maintain a register it would be the view of the Council that such a register should, if possible, be delivered on a cost recovery basis. The need for robust enforcement must go hand in hand with a complete register of tenancies and landlords. Also, district councils require information and intelligence in order to target priority cases and discharge their regulatory functions consistently. Tenancy management The nature of occupancy in the private rented sector, particularly in the poorer end of the market, reflects a sometimes transient and often vulnerable section of society. These people are likely to have limited information about their rights, particularly relating to security of tenure, and they are therefore less likely to report their problems to a third party such as the Housing Rights Service (HRS). It is also unlikely that they will be aware of the availability of advice services such as HRS. The use of statistics therefore, regarding the number of enquiries from tenants to the

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HRS as a quasi measure of the effectiveness of landlord management, may be misleading if not qualified and supplemented. Tenants may also be very reluctant to complain to the HRS for fear of reprisals such as being evicted or harassed. The Department’s comment that “…a perception of bad management continues to exist” would also be the view of City Council staff, such as Environmental Health Officers, who operate in this area of the private rented sector on a daily basis. Concerns expressed in the consultation document regarding consistency of enforcement across District Councils may be premature if not inappropriate. The move from 26 to 11 District Councils will facilitate more consistency in enforcement following the implementation of RPA. Belfast City Council would wish to stress however that its staff have always worked to ensure consistency across the city. There are routine and regular technical meetings and staff also represent the Council on the regional Chief Environmental Health Officers subgroups on Housing matters generally and on the PTO specifically. Registration Mandatory registration for landlords will have the effect of focusing attention on their responsibilities and will also aid enforcement for district councils. Since some landlords are simply speculators awaiting the sale of their property, mandatory registration, including a fee and contact details, will help encourage them to apply an appropriate standard of management pending the sale of their property. Good landlords should have no difficulty with registration. It should also be stressed that registration schemes already exist for HMO’s. The fact that income from HMO registration fees does not cover the operating costs is not a reason to preclude registration from the rest of the private rented sector. Registration schemes, which go hand in hand with robust enforcement, should be designed to ensure that they generate sufficient revenue to significantly offset administration costs. The Council would question the suggestion in the document that the mandatory registration of landlords would put “…an unnecessary and unfair focus on those landlords who are already complying,” (paragraph 5.16, p. 27). There is an acknowledgement by the Department that enforcement procedures need to be improved and the Council would suggest that the mandatory registration of landlords would provide the necessary foundation. Mandatory registration would target all landlords and only those who are operating outside the statutory standards for private renting would have anything to fear. The Department suggests that more targeted actions and wholesale registration are mutually exclusive (paragraph 5.17, p. 27). This is not the case. Wholesale registration would facilitate overarching regulatory control but would not reduce the need for specific targeted actions where unscrupulous landlords flout the law and place vulnerable people in danger or deny them their housing rights. It would be the view of the Council that the Department’s proposal for a voluntary landlord accreditation scheme is unlikely to have any impact in respect of poor landlords. Those who operate outside the law will see little benefit in signing up to a voluntary code. The suggestion that a voluntary code would provide a list of benefits to landlords such as access to legal advice, disputes advice, etc. could also form part of a mandatory scheme. Security of Tenure Speculative and “accidental” landlords often want short term leases for their tenants. The economic downturn however is likely to increase the number of people looking to rent long term as they can’t afford to buy. These two situations are mutually

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exclusive and would therefore tend to reduce security of tenure. This is particularly concerning when many of the people now looking to rent are those who have lost their homes and would require greater security of tenure than some of the more traditional transient groups. The suggestion that people in the Private Rented Sector stay for shorter rental periods than those in the Social Sector fails to acknowledge that one of the Department’s aims for the Private Rented Sector strategy is to offer the Private Sector as an option for those who traditionally look to the Social Sector for housing. The Department may also wish to consider that the reason private tenancies come to an end in Northern Ireland earlier than would otherwise be expected may be more associated with the number of poor landlords than anything else. Stronger regulation is therefore more likely to result in improved management standards and tenants are more likely to remain for longer. DSD Policy with regard to the private rented sector should reflect the precautionary principle. As there are no data on why tenancies often terminate before their end date it should not be presumed that it is unrelated to landlord issues. The suggestion by landlords that increasing statutory security is likely to be detrimental to the market and may restrict the scope to secure mortgages must be considered in light of the significant part that the ease of access to mortgages is reported to have played in the recent financial crisis. The Department is urged therefore to consider the wider economic impacts in finalising its strategy. The suggestion that the Notice to Quit period should reflect the length of tenancy appears to provide a fairer approach than the current “one size fits all” policy. The Council would be supportive of greater flexibility in the Notice to Quit period. Standard of Fitness The current fitness standard no longer provides a suitable measure of housing conditions. The level of unfitness in the private rented sector is around 2.7% (2006 HCS) which suggests that a new approach with a better measure of suitability for occupation is required. The Council believes that the Department should be looking to standardise the assessment of housing conditions with the rest of the UK where a rating system, the Housing Health and Safety Rating System (HHSRS), applies. Also, the Decent Homes Standard, which is ultimately the target standard for all housing, suggests that this should be given a legal, and enforceable, standing.

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Belfast City Council’s responses to specific questions posed within the text of the consultation document

1. Do these proposals address the key points adequately? The Department’s proposals, although welcome, do not adequately address the general lack of knowledge and awareness of the legislation among tenants and landlords and the problems of enforcement experienced by district council staff. If landlords were required to register this would aid the dissemination of information and would also assist District Councils to discharge their enforcement responsibilities. Nor do the proposals address the issue of resources for Councils in delivering compliance under the Private Tenancies (NI) Order 2006 (PTO). District Councils were given responsibility for enforcing the PTO but, other than being able to charge for certain notices and certificates, no additional resource was made available for the remaining statutory functions, despite the issue of new burden funding being raised with the Department before the legislation was implemented. The lack of proactive enforcement, referred to by the Department in relation to issues such as Rent Books should therefore serve to underline the need to provide appropriate additional resources.

2. What further action is required? The lack of documented evidence of action taken in respect to rent books and tenancy statements may also be partly attributable to the Department’s method of collecting information. Instances where Councils resolve issues informally without resorting to legal action are not currently being captured by the Department with the quarterly return system. Ways of improving this should be examined. The document also refers to the fines and discharges, when enforcement action is taken, as not providing effective incentives for landlords to comply with the law. Whilst this may imply a need for awareness raising it is important to appreciate that Councils may decide not to seek a prosecution if it is felt that proceedings may not be in the public interest. The issue of Housing Benefit information must also be addressed as a priority in light of the fact that the Housing Benefit Regulations were not amended to take into consideration the introduction of the Order and the requirement to have a Certificate of Fitness. This oversight has meant that the old system, which identified new tenancies that required the Rent (NI) Order 1978 Regulated Rent Certificate, has disappeared whilst leaving District Councils with no information to detect tenancies which require a Fitness Inspection. This could be very significant as at least 50% of tenants in the private rented sector are claiming Housing Benefit. The introduction of the 2006 Order resulted in District Councils taking minimal requests from landlords receiving Housing Benefit with the distinct possibility that many are receiving full Housing Benefit for a property which is unfit but not subject to rent control.

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3. Should a register of tenancies be developed as the principal means to address the needs of the private rented sector?

A register of tenancies would assist District Councils in relation to their enforcement activities and a compulsory register would be the preferred option. If the register is voluntary it will be of little benefit as Councils already hold information on most, if not all, those landlords who comply with the current legislative requirements. Councils require information on tenancies whose landlords currently avoid the Certificate of Fitness process and whose tenants are either ignorant of the law or are too frightened to complain to their local council. To be effective the register will require a common IT system for all District Councils to ensure clarity for landlords and uniformity for councils. Any scheme must be implemented in conjunction with a deposit/dispute resolution service (see Question 13).

4. With regards to the impact of the Private Tenancies Order are there any other issues apart from those in Annex 2 which the Department needs to consider (i.e. other discrepancies / gaps / anomalies?)

There appears to be widespread ignorance of the role of District Councils in relation to the enforcement of standards in the private rented sector. Whilst mandatory registration would improve the general awareness of the role of district councils the proposals to produce guides for tenants and landlords should also reflect this and should clearly profile the regulatory and enforcement functions of District Councils. The proposals also mention the NIHE and the Department websites as sources of information but on examination there is minimal reference to District Councils as the enforcing authority. Indeed some pages direct users to Housing Rights NI or the NIHE District Office for advice regarding tenants’ rights when renting privately e.g.: (http://www.nihe.gov.uk/index/yh-home/renting_privately/advice_for_tenants-2/tenants_rights.htm). District Councils are continually working to ensure that the public are aware of councils’ enforcement responsibilities however there is also a responsibility on other agencies to ensure that all their information reflects this. Another example is the NI Direct website which has a specific section on Private Renting and which advises tenants to contact Housing Rights or Citizens Advice if there is a dispute regarding repairs. (http://www.nidirect.gov.uk/index/property-and-housing/buying-selling-and-renting-a-home/private-renting/repairing-your-home-private_tenants.htm) With regard to Annex 1 of the document it is impracticable to require District Councils to act as the enforcing authority in respect of the provisions of Article 50 of the Private Tenancies Order. Disputes in relation to the overpayment of rent did not form part of any discussions with District Council staff leading to the implementation of the Order. Tenants already have civil re-dress to reclaim monies and it is inappropriate and prohibitive for District Councils to get involved in financial disputes between tenant and landlord. The appropriate enforcement authority should be the DSD through the Rent Officer. Similarly, with regard to 1(2) of Schedule 2, the Rent Officer should take enforcement action with regard to landlords or tenants who refuse to give information when requested to by the Rent Assessment Committee.

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5. Is voluntary accreditation of landlords the appropriate approach to promoting and supporting good landlord management?

Voluntary accreditation would not be the best approach to promote and support good landlord management. Indeed, the consultation document states that “… the market is relatively unregulated and there is no centrally maintained source of data to track changes in the sector” (paragraph 3.7). A voluntary accreditation system would clearly not address this.

6. What further action is needed to achieve this?

The current arrangements allow non-compliant landlords to by-pass the system by renting unfit property whilst avoiding rent control. The system only regulates compliant landlords as would a voluntary accreditation arrangement, so the impact on enforcement would be negligible. This conflicts with the assertion in the document (5.16) which mentions that current enforcement procedures require to be improved first. The document states that “…mandatory registration would place an unnecessary and unfair focus on those landlords who are already complying with legislation and acting responsibly”. However, if compulsory registration was linked to the tangible benefits for landlords referred to in paragraph 5.20 then the focus would be neither unfair nor unnecessary. It must be noted that many businesses across NI are required by law to be licensed or registered with their local authority so why should landlords, who are responsible for the homes of so many (often the most vulnerable people in society), be excluded from this?

7. What further action is needed to promote greater tenant responsibility, and address persistent bad behaviour?

The current legislation does tend to favour the tenant who may be guilty of anti-social behaviour or criminal damage to property or who has built up excessive rent arrears. The landlord, on the other hand, may be required to undergo prolonged civil action to gain possession of his property. Evidence of anti-social behaviour should be reported to district councils (along with the PSNI) where it will be investigated and verified and the Department should consider introducing an expedited eviction process. For example, documented rent arrears at a certain level could provide the necessary evidence to justify re-possession of a property.

The provision for any new expedited eviction procedure however must be combined with tougher penalties for cases of unlawful eviction. Vacant possession of a property is currently worth substantially more to a landlord than any financial penalties so far imposed by the Courts for unlawfully evicting a tenant.

The current problems with antisocial behaviour in the Holyland area of the city have led to calls from various statutory agencies and residents for more effective powers to require landlords to ensure their tenants do not cause a nuisance. The Council would support this view.

8. Do these proposals provide an appropriate response to the issue of security of tenure?

The flexibility of the current system is one of the attractions of the private rented sector for many tenants. The issue which has arisen recently is the lack of social housing, which has forced many into the private rented market who previously would have been catered for by social housing. Also, it does appear harsh that a family that has lived in a home for say ten years and which has roots in the area can be given only 28 days to find somewhere suitable nearby to live.

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9. What further changes to existing security of tenure arrangements are needed?

The Council considers the suggestion of the involvement of Housing Associations in the buy-to-let market as a positive and innovative approach. Using a social landlord to effectively operate as a private landlord could bring several advantages, including greater security of tenure.

10. Should current fitness levels in the private rented sector be increased as proposed?

The current fitness standard is no longer a comprehensive enough measure of the suitability of a dwelling for occupation. Its incorporation into the definition of the Decent Homes Standard therefore compromises this as a measure of acceptable housing provision.

11. What further/alternative requirements are needed to ensure adequate private rented sector fitness standards both now and in the future?

The fitness standard needs to be replaced, as a matter of priority, by a Housing Health and Safety Rating System (HHSRS). This will provide a meaningful risk based assessment, which will be integral to a regulatory regime, and aimed at protecting the most vulnerable occupants. It will introduce a better way of measuring housing conditions and will allow a proper comparison with housing in England and Wales where the HHSRS has been operating for several years. The HHSRS addresses potential health and safety hazards and internal arrangement whereas the Northern Ireland Decent Homes standard, incorporating the current fitness standard, does not.

Housing Benefit Regulations should be amended to require landlords to produce a Certificate of Fitness or proof of exemption from the district council. This would improve the effectiveness of the PTO in further reducing unfitness and would also avoid any data protection concerns in relation to the release of information.

12. Should the same fire safety standard which applies to all new build property be applied to all private rented accommodation?

The HHSRS would address the issue of fire safety mentioned in paragraph 7.10 on a risk-based approach and would also address matters such as steep stairs, carbon monoxide risks and excess cold and heat. There would be no need for a requirement to have all private rented accommodation meeting the same fire safety standard as new build. Fire safety would be based on a risk assessment for that property so that only those failing the standard would be targeted.

13. Do these proposals provide an adequate response to the issues of affordability and dispute resolution?

The growth in speculative landlords over the last 10 to 15 years and the increasing numbers of people moving into the private rented sector, many of whom receive Housing Benefit, is likely to increase the potential for landlord/tenant disputes. Already many tenants allege that their deposits aren’t returned yet there is no formal disputes service that aggrieved tenants can turn to. The consultation document acknowledges that informal mediation does occur through organisations such as Housing Rights Service and district councils. For example, Belfast City Council staff often intervene to have tenants reinstated after being evicted and prior to any formal investigation.

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14. What additional action is needed? As there is no obligation on landlords, or tenants, to co-operate to resolve areas of disagreement the Council would support the establishment of a formal disputes service. Such a service would ensure that landlords manage deposits in a professional manner and that tenants are made accountable for any damages arising from the tenancy. It should also link to landlord registration in that registered landlords, and their tenants, would be obliged to utilize the disputes service before seeking any redress through the courts.

15. How can the PRS fit with the Department’s vision of a shared future? The private rented sector accommodates all social, religious and economic groups within society. It is therefore already tailor made to facilitate the Department’s vision of a shared future. This will not happen however if those people who own rented property are not provided with a regulatory framework that protects the rights and obligations of both tenants and landlords. The Council believes that its suggestions above would facilitate that objective.

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Agenda Reports Pack (Public) 05/08/2009, 16:30

Documents

Transcript of Agenda Reports Pack (Public) 05/08/2009, 16:30