Agenda and minutes

Apologies were received from Katie Bacon and Alf Kennedy. Mr David House attended as a substitute for Mr Kennedy. Councillor Richard Williams sent apologies and Councillor Ian Dunn attended as substitute. 

Apologies were also received from Emily Warnham.  

There were no declarations of interest.

In accordance with the Council’s Constitution, questions to this Committee must be received in writing 4 working days before the date of the meeting.  Therefore please ensure questions are received by the Democratic Services Team by 5pm on 23^rd June 2017.

No questions were received from Councillors or Members of the Public for the Chairman.

The Committee considered the minutes of the meeting of the Public Protection and Safety PDS Committee held on 29^th March 2017.

RESOLVED that the minutes of the meeting held on 29^th March 2017 be agreed and signed as a correct record.

CSD 17084

Members considered the nominations for the appointment of new co-opted members, and for the re-appointment of existing co-opted members. The Chairman asked Mr Atkin to say a few words about himself and what he hoped to achieve on the Committee. Mr Atkin duly did so.

RESOLVED

(1) That Mr Terry Belcher, Mr Alfred Kennedy, Miss Katie Bacon and Dr Robert Hadley be re-appointed as non-voting co-opted members

(2) That Mr Robert Atkin and Miss Emily Warnham be appointed as non-voting co-opted members.

CSD 17083

Minute 142 on the Matters Arising report referenced the work of Resilience and Corporate Safety. Members were informed that there would be a full review of Emergency Planning Services.

RESOLVED that the Matters Arising report be noted.

The Chairman informed the Committee that she had recently met with officers to discuss the forward work programme for the Public Protection and Safety PDS Committee.

The Borough Police Commander updated the Committee as follows:

The response to I calls (those requiring a 15 minute response time) was running at 89%.

The response to S calls (requiring a response within 60 minutes) was running at 83%.

The number of ASB related calls had increased by 17%.

The Chairman explained that the main focus of the Police Update would be knife crimes in the Bromley Borough. Members would be able to ask questions on other crime-related matters afterwards.

The Borough Commander updated the Committee with respect to gang and knife crime. In the rolling 12 months, there had been an increase in knife crime offenses from 162 to 314. There did not appear to be a specific area where the offences took place; they occurred in different locations at various times. The offences had peaked in February, but had subsided in the last four months. Proactive operations had been undertaken to combat knife crime.

The Borough Commander commented that previously, there had been a move away from stop and search operations. He expressed the view that this should be changed and that stop and search operations should be increased. He stated that his officers were undertaking daily weapon sweeps. It was noted that the new Mayoral Strategy pertaining to knife crime had recently been published, and the link had been emailed to all councillors.

The Committee heard that two main gangs operated in Bromley, and that 30-40 gang nominals had been identified. Operations had recently been undertaken in Penge, and 30 stop and searches had been carried out—this had resulted in 8 arrests. The main areas for gang and knife crime currently, appeared to be Penge, Cator and Crystal Palace. Bromley Police had contributed to Operation Sceptre, and were also involved in presentations at schools.

The Vice Chairman enquired if a knife amnesty was still in force. The Borough Commander informed that there was a weapons bin outside of Bromley Police Station, and three weapons a week on average were deposited in it.

Councillor Kim Botting noted that knife crime had increased by 80% and expressed concern that aligning with Croydon and Sutton in a BCU (Basic Command Unit) would only make matters worse. The Borough Commander stated that no final decision on BCUs had been taken. It was also the case that the success or otherwise of the two BCU pathfinder sites would need evaluation. The final decisions regarding BCUs would be undertaken by the London Mayor and by the Police Commissioner. The Borough Commander pointed out that all of the surrounding boroughs (except for Bexley) had bigger gang problems than Bromley. Councillor Botting felt that representations should be continued to prevent a BCU alignment with Croydon. 

Councillor David Cartwright commented that the newly published Knife Crime Strategy was good, but that it did not appear to have any targets. The Borough Commander confirmed that this was the case, but that nevertheless it would require the allocation of additional resources. It was also the case that  ...  view the full minutes text for item 8.

The presentation from British Transport Police (BTP) was given by Station Commander Kasia Filipek.

Ms Filipek explained that the ambition and purpose of the BTP was to provide a first class police force that would help the travelling public to get home safely and on time every day.

The BTP had 4 strategic objectives which were:

·  Reduce disruption

·  Reduce crime

·  Increase confidence

·  Deliver value for money

Ms Filipek outlined the 7 BTP priorities:

·  Counter terrorism

·  Preventing crime

·  Protecting vulnerable people

·  Supporting the railways

·  Supporting and valuing the BTP workforce

·  Building confidence and satisfaction

·  Improving effectiveness and efficiency

The Station Commander highlighted that with respect to counter terrorism, it was one of her officers that was first on the scene at the recent terrorist incident at London Bridge. She emphasised the need for public support. More officers were being trained in the use of tasers and firearms.

The Station Commander referred to vulnerable people and explained that in this group, BTP would class children, people who were suicidal and others who had been sexually assaulted. Advertising campaigns had been undertaken to encourage the reporting of offences, discouraging hate crime, and warning young people of the dangers of playing on railway lines. The Committee were informed that a mental health suicide reduction team had been set up.

BTP worked in partnership with industry and other partners to keep the railway running efficiently and on time.  They responded quickly to incidents that caused delay in order to safeguard the public and reinstate services as quickly as possible.

Ms Filipek highlighted that BTP supported and valued staff, and that TRIM and Carefirst counselling services had been established to provide support.

The Committee were briefed on the Demand Review that aimed to address how the Force could balance its services in line with the demand of passengers and the rail industry. 

The review commenced in 2015 and looked at how BTP could more effectively manage resources, taking in to account the peak times for specialist services.

Proposals indicated how BTP could better align the working arrangements of PCs and PCSOs to the times and days of the week when calls for service were highest. The proposals were based on an examination of crime levels, incidents and other calls for service and public order policing.

The Demand Review was completed and implemented on 9th of April 2017.

The Chairman asked what sort of response was received from the public in terms of providing information and intelligence. The Station Commander advised that BTP received a lot of information that was useful, and which could in some cases be used to prevent future attacks.

Councillor Botting asked the Station Commander how she felt about her officers using tasers. The Station Commander responded that she was from Poland and that in Poland all officers were armed. As far she was concerned, tasers were a tool that was required.

Councillor Benington asked if there were geographical limits to the jurisdiction of the BTP. The Station Commander responded that the BTP  ...  view the full minutes text for item 9.

The Portfolio Holder had recently attended a meeting and workshops with London Councils. This had incorporated training on how to apply for MOPAC funding going forward. Expressions of interest for the first tranche of funding had to be submitted in August.

The Portfolio Holder informed the Committee that the Public Protection Division had been removed from the Environmental Services tendering process.

The Portfolio Holder would be attending a meeting related to BCUs the following week, and this would include a meeting with the Croydon Borough Police Commander. She was also due to attend a meeting the following week with Bromley Police to discuss ‘Stop and Search’.

There had been some good news associated with London Fire Brigade. The Bromley Borough Fire Commander had obtained funding for a significant number of Fire Cadets.

RESOLVED that the Portfolio Holder update be noted. 

The information item comprises:

The ECS Risk Register.

Members and Co-opted Members have been provided with advance copies of the item via email. The briefing is also available on the Council’s website at the following link:

http://cds.bromley.gov.uk/ieListDocuments.aspx?CId=559&MId=6240&Ver=4

No questions were received prior to the meeting concerning the Public Protection Risk Register.

Members noted the various risks and in particular the high risk rating that was currently assigned to the Food Safety Service after the Food Standards Agency audit.

Councillor Benington asked if LBB was happy with the level of risk associated with Emergency Planning Services. The Executive Director for Environment and Community Services stated that the Leader had commissioned a full review and that Councillor David Cartwright was assisting with this. Members also expressed concern over the significant risks associated with a reduction in MOPAC funding.

Councillor Dunn asked if there was a timescale set for the proposed actions relating to Health and Safety Risks. The Executive Director clarified that a full inspection programme was scheduled over a three month period. The Director for Environment confirmed that the recruitment process for a full time corporate health and safety advisor was being progressed. 

Councillor Benington asked if LBB was happy with the cladding used on North Block, and the Executive Director responded that this issue was being looked at.

RESOLVED that the Risk Register Information Item briefing be noted.

In accordance with the Council’s Constitution, questions to this Committee must be received in writing 4 working days before the date of the meeting.  Therefore please ensure questions are received by the Democratic Services Team by 5pm on 23^rd June 2017.

Three questions had been received from Councillor Nicholas Bennett.

The questions and answers will be attached as an appendix to the minutes.

FSD17403

The Budget Monitoring report (2017/18) was written by Claire Martin—Head of Finance.

The report was drafted to show the latest budget monitoring position for 2017/18 for the Public Protection and Safety Portfolio. This was based on expenditure and activity levels up to 31^st May 2017.

It was noted that there was a projected over-spend of £66k. This was due to increased expenditure for the Mortuary Service. The current total budget allocation was £2.34m; it was estimated that the total expenditure in the budget would rise to £2.40m.

Councillor Benington asked why the mortuary service cost had increased. The Executive Director for Environmental and Community Services explained that a big inquest was going to be held, which was going to be costly. It was difficult to factor in costs of this nature as they were unexpected.

RESOLVED that the Portfolio Holder endorse the latest 2017/18 budget projection for the Public Protection and Safety Portfolio.     

FSD17044

The Provisional Outturn report (2016/17) was drafted by Clare Martin, Head of Finance.

The purpose of the report was to provide the Portfolio Holder with the provisional final outturn position for 2016/17 for the Public Protection and Safety Portfolio. This showed an underspend of £31k for 2016/17 which would be ploughed back into central reserves.

The Committee was asked to note the report, and the Portfolio Holder was requested to endorse the 2016/17 provisional outturn position for the Public Protection and Safety Portfolio.

RESOLVED that the Portfolio Holder endorses the report. 

The Portfolio Holder referred the Committee to a rag rated document that had been prepared by the Director for Environment. The document was a summary of Portfolio Plan performance for 2016/17. Out of 16 objectives, 12 had been rated as outcomes being achieved, and 4 as partly achieved and the 4 targets which were partly achieved had very good reasons why they weren't quite met.

Councillor Benington asked how the green rag ratings for the Food Safety Service related to the findings that had been identified in the Food Safety Audit report. The Portfolio Holder explained that the green rag ratings in the summary performance document related to high level risk businesses only.

Councillor Gray asked why the rapid response target for responding to service calls for the victims of doorstep crimes and scams had not been achieved. The Portfolio Holder pointed out that they only just missed the target of 50 by 3. The Head of Community Safety and Trading Standards added that 100% of level one complaints had been responded to.

With respect to aim 4.3—developing a computerised system for contaminated land reporting—progress had been hampered as it had not yet been possible to recruit a replacement officer with the correct level of technical expertise.

The Portfolio Holder highlighted the priorities of the Plan

·  To support the Safer Bromley Partnership and to co-ordinate the Council’s statutory response to its duties under Prevent

·  To add in a focus this year of tackling underage knife sales

·  To take action against rogue traders, especially those that targeted vulnerable people 

·  To inspect 100% of high risk food businesses

·  To maintain a safe environment in Bromley by providing a CCTV monitoring service for the town centre and other key locations.

RESOLVED that

(1) The Public Protection and Safety Scrutiny Committee note the report

(2) The Portfolio Holder endorse the Portfolio Plan for 2017/18.

ES 17042

This report was submitted by Mr Paul Lehane, Head of Food Safety and Licensing.

The report outlined why it was not considered economical or necessary to go to market for a tender exercise to re-tender the existing contract with the City of London Veterinary Service, (COLVS) and that the continuation of the current service agreement needed formalising by the Council.

It was noted that the ‘Zoo’ referenced in the table in section 4.4 was the one at Crystal Palace. It was further noted that Christmas Tree Farm was not licenced as a zoo.

The Chairman referred to section 6.5 of the report and asked what was meant by ‘zoonosis’. Mr Lehane explained that this was a term used to refer to the transmission of an animal disease to humans.

RESOLVED that

(1) The Portfolio Holder agree to the contract for the Animal Health and Welfare Service be exempt from the formal tender process for the reasons set out in the report

(2) The Portfolio Holder agree to continue to use the services currently provided to the Council by the COLVS under formal arrangement for a period of three years, with the option to extend for a further two years with authorisation delegated to the Executive Director for Environment and Community Services.   

This report is ‘To Follow’.

ES17041

The Committee looked at the Food Standards Agency—Audit of Food Hygiene Service Delivery report for April 2017.

The report had been drafted by Mr Paul Lehane, Head of Food Safety, Occupational Safety and Licensing. The purpose of the report was to update Members of the findings of the Food Standards Agency audit of the food safety team that had taken place on 27^th April 2017.

The Chairman commented that the Food Safety Team had done an excellent job given the fact that they were understaffed. Mr Lehane informed the Committee that the Food Safety Service needed to recruit 2 full time staff and 3 full time temporary staff to deal with the backlog of inspections.

It was noted that the FSA audit had been prompted by high numbers of overdue and unrated premises. The FSA sent the draft audit report to the Council on 5^th June 2017. The Portfolio Holder explained that previously the FSA had adopted a relatively lenient stance regarding having a backlog-as long as Councils had been managing risk, but this had now changed.

Councillor Benington asked for an explanation of what was classed as high and low risk. Ms Karen Ryan (Lead Practitioner--Food Safety Officer) explained that it would depend on what activities were being undertaken, how these activities were being managed, and what process the company was using for handling food. An example of a low risk business would be a home cake making business. Consideration would also be given concerning the recipients of the food. Schools and Care Homes would normally be regarded as high risk.

Councillor Dunn suggested that it should have been easy to predict that there was going to be a backlog of inspections. Mr Lehane responded that the backlog was caused by a combination of losing existing staff, and lack of funding for new staff.  The Annual Service Plan set out the staff resource required against the actual resource. 

It was noted that there was a shortage of qualified staff and that the employment of agency personnel was very expensive. The last agency person employed cost LBB £1200 per week.  Councillor Hannah Gray asked if festivals and events would be classed as high risk. Ms Ryan stated that the Food Safety Service Team would attend as many events as they could, and would check as many traders as possible. Event organisers would normally try and use compliant businesses.

Councillor Botting asked if anyone in Bromley had ever died of food poisoning, and the answer to this was no. It was also asked if the Food Safety Service ever closed premises. Ms Ryan answered that this was rare, but LBB had closed one about a week ago.

The Committee was informed that the Secretary of State did possess interventionary powers and could issue formal directions. It was also the case that they could send someone in to run the service, with consequent reputational damage to the Council. If a death occurred there could be a public inquest.

RESOLVED  ...  view the full minutes text for item 12e

ES17040

The Enforcement Activity Report for April 2016 to March 2017 was drafted by Mr Jim McGowan, Head of Environmental Protection. The report had been presented to the Committee to provide a summary of the activity undertaken by the Public Protection Division during the period 1^st April 2016 to 31^st March 2017 where enforcement activity had been undertaken under delegated powers.

It was noted that the report highlighted that an increased number of decisions had been made to issue HMO (Houses of Multiple Occupation) licences. This was mainly because most of the licences were due for renewal.

The Vice Chairman asked for an explanation of what constituted a HMO.  It was explained that a house in multiple occupation was a property rented out by at least 3 people who were not from 1 ‘household’ (eg a family) but shared facilities like the bathroom and kitchen.

Landlords must have a licence if they were renting out a large HMO. The property would be defined as a large HMO if all of the following apply:

·  it’s rented to 5 or more people who form more than 1 household

·  it’s at least 3 storeys high

·  tenants share toilet, bathroom or kitchen facilities

Mr Mcgowan mentioned that going forward it was likely that the definition of a HMO would be expanded to include 2 storey properties.

It was RESOLVED that the report be noted and members agreed to receive further similar reports every six months. 

ES17039

The Mopac Update report was written by Mr Rob Vale, Head of Trading Standards and Community Safety. The report was written to update the Committee on the Local Crime Prevention Fund (LCPF) granted by the Mayor’s Office for Policing and Crime (MOPAC).

The Committee was informed that the funding allocation for LBB for 2017/18 was £401,731. Unfortunately, the funding for 2018/19 was significantly lower at £241,699. It was the case that the funding could be spent as LBB wished over the 2 year period. The total 2 year funding was £643,430, and LBB had taken the decision to apportion the grant funding over the two years. Table 3.4 in the report explained in the detail how the money would be spent. The Chairman expressed concern over the reduced budget for ASB and noise nuisance. She hoped that some of the deficit could be picked up from within the organisation.

Mr Vale was concerned about the co-commissioning element of funding that would commence during 2019/20, and continue into 2020/21. During these two years, 70% of funding would be direct borough funding, but 30% would need to be sourced from a co-commissioning budget. He felt that the process for obtaining funding from the co-commission pot was complex, and it was possible that an application may not be successful. There were also tight timescales to adhere to. Mr Vale stated that the funding gap could have a negative impact on VAWG projects.

RESOLVED that the MOPAC Update report be noted. 

CSD 17082

The Work Programme was noted.

Two suggestions were put forward for future Committee visits, these were a visit to the Youth Offending Service and to Victim Support.

RESOLVED that the Work Programme be noted.

No other business was discussed.

The date of the next meeting is 27^th September 2017.

The date of the next meeting was confirmed as 27^th September 2017.