MINUTES of MEETING of the ENVIRONMENTAL QUALITY …minutes.stirling.gov.uk/pdfs/environmental/minutes/eq20010614.pdf · Food Futures was a three year national project developed by

N:\DEMSUPP\NEWDECISIONS\ENVIRONMENTAL\MINUTES\EQ20010614 DOC

STIRLING COUNCIL

MINUTES of MEETING of the ENVIRONMENTAL QUALITY COMMITTEEheld in the COUNCIL CHAMBERS, VIEWFORTH, STIRLING on THURSDAY14 JUNE 2001 at 2.30 pm.

Present:

Councillor Gillie THOMSON (in the Chair)

Councillor Tom COLL Councillor Tom HAZELCouncillor Ann DICKSON (substitute) Councillor John HOLLIDAYCouncillor Tony FFINCH Councillor Ann STRANG (substitute)Councillor Pat GREENHILL

Also Present: -

Councillor John HENDRY (for Item EQ119)

In Attendance: -

Mr Drew Anderson, Transport Co-ordination Officer, Technical ServicesMr Richard Barron, Access Officer, Environmental ServicesMr Jim Boyle, Service Manager, Finance and Information ServicesMr Andrew Cassells, Head of Roads & Grounds, Technical ServicesMr Neil Chalmers, Trading Standards Manager, Environmental ServicesMr Brian Devlin, Head of Cleansing and Catering, Technical ServicesMr Richard Dyet, Service Manager (Development Control), Environmental ServicesMr Lesley Fisher, Food Safety Manager, Environmental ServicesMs Angela Heaney, Sustainable Communities Officer, Environmental ServicesMr Robert Hunter, Countryside Development Officer, Environmental ServicesMs Carol Johnston, Executive Officer, Environmental ServicesMr Ian Kelly, Head of Environmental Operations, Environmental ServicesMr Damian Law, Student Planning Officer, Environmental ServicesMs Lorna Main, Planning Officer (Archaeologist), Environmental ServicesMs Catherine Malley, Planning Officer, Environmental ServicesMs Lesley Malkin, Raploch Project Manager, Environmental Services - HousingMr David Martin, Director of Environmental ServicesMr Colin McNicol, Network Manager, Technical ServicesMr Peter Morgan, Senior Planning Officer, Environmental ServicesMs Oonagh McCullough, Service Manager (Planning & Policy), EnvironmentalServicesMs Kate Smithson, Service Manager (Transportation), Environmental ServicesMr Alan Speedie, Environmental Policy Officer, Environmental ServicesMs Anne Irvine, Trainee Committee Officer, Civic ServicesMs Lyn Kennedy, Committee Officer, Civic Services


EQ113 MINUTES – 5 APRIL 2001

Decision

The Committee approved the Minutes of Meeting of the Environmental QualityCommittee held on 5 April 2001 as a correct record.

Matters Arising

EQ106 Review of Charges 2001/2002 for Environmental Services

In response to a question on the Review of Charges for 2001/200 for EnvironmentalServices, the Committee was advised that the report on the review of concessions forcharges would be brought to a meeting of Stirling Council in due course. It wasnoted that the review would involve all Services across the Council, which might takesome time and that the information would be captured as part of an Internal Auditexercise.

EQ114 WRITTEN QUESTIONS

The Chair confirmed that no written questions had been received in terms ofStanding Order Number 27.

EQ115 FOOD STANDARDS AGENCY - AUDIT ARRANGEMENTS

A report by the Director of Environmental Services sought Committee approval forthe Council’s Food Safety and Feeding Stuffs Service Plan and revised EnforcementPolicy, attached as Appendices 1 and 2 respectively to the Minute.

The Food Standards Agency had a legal duty to monitor the performance of LocalAuthorities in the enforcement of Food and Feeding stuffs legislation. To this end,the Agency would carry out an audit of Stirling Council, to commence on 23 July2001 and extend for approximately 2 days. Thereafter, an audit would be undertakenon an annual basis. Prior to the audit taking place, it would be necessary to obtainCommittee approval for the Service Plan and the Enforcement Policy. It was notedthat Stirling Council would be one of the first Local Authorities to be audited.

Committee was advised that the Agency had produced a guidance document entitled‘The Framework Agreement on Scottish Local Authorities’ which set out the standardby which their auditors would judge Local Authorities. The document stated that‘Food Service’ included Food Safety (hygiene), Food Standards (composition/quality)and Feedingstuffs (animal feed).

It was a requirement of the guidance document that Local Authorities produce aService Plan detailing the means by which the Food Service would be provided andperformance targets would be met. It was a further requirement that an EnforcementPolicy was produced which would give Enforcement Officers guidance on thecircumstances that would require formal action to be taken. A Policy on Food Safetyhad been approved by Committee on 4 June 1998 and had now been revised toinclude Feedingstuffs and sampling. Some of the procedural matters had beenmoved to a new Service Standard document which detailed the method of providingthe service based on the commitments which had been made in the Service Plan.


In terms of the resource implications it was noted that additional officer time would berequired to fulfil the more detailed quality control checks which the Agency nowrequired.

Councillor Tom Coll joined the meeting at this point

Decision

The Committee agreed to approve the Service Plan and Enforcement Policy attachedas Appendices 1 and 2 to this minute.

(Reference: Report by Director of Environmental Services dated 3 May 2001,submitted; Environmental Quality Committee, 4th June 1998, EQ200 refers)

EQ116 FORTH VALLEY FOOD LINKS

A report by the Director of Environmental Services updated the Committee of thedevelopments linked to Forth Valley Futures and sought support for the nextdevelopmental phase.

Food Futures was a three year national project developed by the Soil Associationwhich aimed to develop the local food economy over 18 months in 11 different areasof the United Kingdom by supporting and creating community-based food growingand distribution schemes. Throughout the programme a series of participatorywork-shops had been held which had been well attended. The 18 Month programmehad concluded in March 2001. It was anticipated that a final report would beproduced in August this year.

Following community consultation, recommendations had emerged for a ‘Phase 2’which would be called Forth Valley Food Links and would take on the work of FoodFutures. It would also implement the shortcomings in local provision which had beenhighlighted during the course of the programme. The priorities for Forth Valley FoodLinks would be as follows:-

• To act as a one-stop shop for information, advice and contacts;

• To offer an educational and promotional role on food issues to all in thecommunity;

• To address the lack of locally-produced vegetables;

• To offer funding assistance through grants, loans and equipment hire;

• To assist with marketing local produce, including helping to set up producer co-ops;

• To co-ordinate existing projects and ideas and promote examples of bestpractice; and,

• To organise ‘trade’ events to assist face to face contact.


The funding requirements of this Initiative had been agreed by Stirling Council,Clackmannanshire Council and Forth Valley Health Board and a report would beconsidered by Falkirk Council at a Committee meeting in August. Discussion on theorganisational structure was ongoing, with recruitment of personnel expected to takeplace in late summer.

Decision

The Committee agreed: -

1. to note the completion of the 18 Month Food Futures programme;

2. to support efforts to establish Forth Valley Food Links as Phase 2 of the ForthValley Futures programme.

(Reference - Report by Director of Environmental Services dated 1 June 2001,submitted)

EQ117 UNAUTHORISED REPLACEMENT WINDOW STRATEGY

A report by the Director of Environmental Services highlighted the issue ofunauthorised replacement windows and their impact on the character of the StirlingCouncil area’s built heritage.

The Stirling Council area had a wealth of built heritage, a large part of whichconsisted of buildings within conservation areas and individual listed buildings. Theprotection of the character and appearance of this built heritage was an importantrole of the Council as Planning Authority in determining planning and listed buildingconsent applications. Difficulties arose however, when works were undertakenwithout application to the Council for the necessary consents. The problem ofunauthorised works had been particularly prominent and problematic in relation toreplacement windows in listed buildings.

The Committee was asked to approve a series of actions which were aimed atreducing the scale of the initial problem, its impact on the character of the builtheritage, and improving the consistency and effectiveness of the Council’s handlingof unauthorised cases identified as a result of property sale.

In response to a question on what funding would be available to property owners, theCommittee was advised that there were two grant schemes in operation, namely theStirling Townscape Heritage Initiative (THI) and The Stirling Town Scheme (STS). Inaddition it was hoped that a grant scheme would be established specifically forresidents required to replace windows as a result of enforcement action.


Decision


1. to issue a letter to the owners and occupiers of all listed buildings in the StirlingCouncil area, to highlight the listed status of the building and, raise awareness ofthe main implications and responsibilities of ownership, and that the Chair beconsulted on the letter prior to issue;

2. that a phased programme of surveys be undertaken to identify unauthorisedreplacement windows, that discussions with owners be instigated to secure atimescale for the removal of offending windows and their replacement withacceptable alternatives, and that a further report be brought back to Committeeon the results of the survey together with proposals for further action;

3. that the first phase of survey be in the Stirling Town Conservation Area whereopportunities for subsidy of replacement window costs through grant schemescan be utilised.


EQ118 THE DRAFT LAND REFORM BILL

A report by the Director of Environmental Services provided an overview of therecently published Draft Land Reform Bill and proposed a Council response forsubmission to the Scottish Executive. Responses to the document required to besubmitted by the end of June this year.

In February 2001 the Scottish Executive had launched “Land Reform the Draft Bill”for consultation. The Bill covered three distinct areas; public access to thecountryside, the community right to buy and the crofting community right to buy. Itwas noted that the section on crofting community right to buy would not apply to theStirling area. The Executive had also released “A Draft Scottish Outdoor AccessCode” in support of the countryside access provisions; a document which had beendesigned to encourage responsible access to the countryside. Local Authoritieswould be provided with 28 new powers through the Bill, with only eight of the newpowers being mandatory.

The Draft Land Reform Bill could only be regarded as a first draft as initial draftingerrors and Committee was advised that, although the Scottish Executive was to beapplauded for producing the documents, failure to follow the advice of the NationalAccess Forum and Scottish Natural Heritage meant it was effectively unworkable inits present form.

These concerns were raised in the Council’s proposed response, which highlightedthe following issues as being of particular concern.


The section of the Bill on Access Provision had been poorly drafted and had nottaken account of consensus on access to the countryside developed by The NationalAccess Forum. A discrepancy existed between the Draft Bill and the ScottishOutdoor Access Code and it was clear that the Draft Bill had not taken account of theCode and its relationship to it. Committee was advised that whilst the Bill proposed aright of access it failed to deliver the necessary powers to make it work. It was feltthat the Bill, in its current form, would complicate matters by setting up threemanagement systems which would run parallel to each other. There would be onefor the land where the new access right applied, one for the land where the newaccess right would not apply and one for the rights of way. Another area of concernin the Draft Bill was the terminology, which might be open to interpretation.

Decision


1. to endorse the response outlined in the Appendix to the submitted report asStirling Council’s response to the Draft Land Reform Bill;

2. to submit the response together with a supporting letter from the Chair of theCommittee;

3. to note the success of the pilot project to employ an Access Officer and that thepost was being permanently established within approved budgets.


EQ119 RAPLOCH REGENERATION – DRAFT MASTERPLAN AND FUNDINGPROGRESS

A report by the Director of Environmental Services updated the Committee on theRaploch Regeneration Project, in particular the elements of physical regeneration,and sought approval for the next stages of the project.

The Committee was informed of the progress made in implementing the decisionstaken at the Care Committee meeting of 24 May 2001 and at the Community andEconomic Development Committee of 1 February 2001. It was noted that animmense amount of work had been undertaken to progress the RaplochRegeneration Project as a whole.

The Council’s designers, Anderson, Bell and Christie (ABC) were working on aplanning and design framework for the whole area, indicative possible layouts forareas of new Housing/Housing redevelopment, and the Campus, as well as layoutsof complementary investment of the retained housing and open space areas. Thesewere presented to Committee and were made available for inspection by Membersprior to the meeting. The Committee was advised that Technical Services had alsoappointed Mouchel Consultants to carry out the design work on the final phase of theStirling Western Access Road which ran along the Back O’Hill Road. Theconsultants would work with ABC to ensure that an integrated solution was producedfor Raploch.


The Council was currently in voluntary negotiations to assemble the land to allow theintegrated development of Housing and Campus elements. In the event that thesenegotiations failed, it would be necessary for the Council to use its CompulsoryPurchase Powers in order to secure the sites. Should this prove necessary, a furtherdetailed report would be submitted to the Council on this matter.

It was proposed that the Anderson, Bell and Christie designs would be the subject ofmajor consultation with the community, other agencies and potential partners overthe Summer months of June, July and August 2001 as outlined in Appendix 2 to thesubmitted report. Following the consultation process further reports would bepresented to Committee in September 2001 to seek approval to submit appropriatebids to Scottish Homes for elements of the Housing proposals. Consultation on thecurrent proposals would follow the established guidelines in the Castleview Campusand Communication Strategy.

The Committee was advised that the Raploch Physical Regeneration proposalsgenerally conformed to the new Structure Plan with proposed Modifications.However, certain elements did not accord with the current approved Local Plan.These elements encompassed the Housing Development of the area betweenCraigforth Crescent and the Western Access Road, which encompassed the 26 unitfifth New Housing Partnership Site, a Housing Development on the current schoolssite and the underused open space which adjoined the River Forth. It was proposedthat the Raploch Regeneration documents would be incorporated in the Local PlanAlteration to ensure that they became a formal part of the Development Plan.

Decision


1. to approve, for the purposes of further consultation with the Community,agencies, and potential partners, the Draft Design Framework (Appendix 1 to thesubmitted report), the indicative draft Housing and Campus layouts, and the draftDesign Manuals produced by Anderson, Bell and Christie;

2. to note that this further consultation would take place during the months of June,July and August 2001 and that further reports would be submitted to theappropriate Committees in August/September, 2001;

3. to note that work was underway on indicative costings and to agree that these berefined and included within a business plan/case for the whole project whichwould be reported back to the appropriate Committee;

4. to agree to the briefing and consultation strategy shown in Appendix 2 to thesubmitted report and to report back the outcome of these sessions;

5. to note the proposed relationship between the Anderson, Bell and Christiedocuments and the work currently underway on the Local Plan Alteration.

(Reference - Report by Director of Environmental Services dated 4 June 2001,submitted; Community and Economic Development Committee, 1 February 2001,CE93 refers; Care Committee, 24 May 2001, CA92 refers)

Councillor Ann Strang left the meeting at this point


EQ120 BATTLE OF BANNOCKBURN

A report by the Director of Environmental Services summarised a report by Dr FionaWatson and Dr Maggie Anderson on the site of the Battle of Bannockburn whichoutlined the results of a public consultation exercise and highlighted a series ofrecommended actions which had emerged from the process.

Stirling Council had commissioned a study to determine what consensus, if any,existed in terms of identifying the area/areas which formed part of the battle sitefollowing discussions at the Special Meeting of the Environmental Quality Committeeon 28 June 2000 of the potential impact of both Structure and Local Plan proposalson the site of the Battle of Bannockburn.

A public meeting had taken place in January 2001 to present the preliminary findings.Lorna Main, Planning Officer advised that the feedback received from the meeting,and subsequent submissions, had made it clear that there was only limitedconsensus and that support was fairly evenly divided between two main alternativesi.e. options 2 and 4 as detailed on the map attached to the submitted report.Committee was advised that option 2 was the area of ground around BannockburnHigh School and option 4 was the ground on the carse near Millhall. Therefore, thework associated with progressing the project would concentrate on these twooptions.

As the Council was currently undertaking a review of the boundaries of the StirlingGreen Belt this would provide an opportunity to consider extending designation togive protection to those surviving open areas which were considered to have formedpart of the Battle Site.

A number of issues in relation to the Battle which might benefit from further study hadalso been identified; geophysical prospecting, archaeological excavation,environmental sampling and radiocarbon dating. This would involve calling on anumber of different disciplines and external agencies including the National Trust forScotland, Historic Scotland and the local community.

A substantial proportion of the submissions had highlighted the need for additionalinterpretation of the Battle to take in the different options for the battlefield site. Inaddition a majority of the submissions confirmed that whilst the National Trust Centrewas a central location in both current and future interpretation any new proposalsshould be extended outwards into the wider landscape.

Decision

The Environmental Quality Committee agreed: -

1. to make the report on the Battle of Bannockburn as widely available as possible;

2. to explore extending Green Belt designation to include those areas which wereconsidered to have formed part of the battle site and which were not currentlycovered by such designation;


3. to work with a number of agencies, particularly the National Trust for Scotlandand Historic Scotland, with a view to developing a proposal for archaeologicaland scientific research;

4. to consider ideas to improve interpretation and public awareness of the Battle ofBannockburn in consultation with the local community and other interestedparties.

(Reference - Report by Director of Environmental Services dated 31 May 2001,submitted; Environmental Quality Committee, 28 June 2000, EQ69 refers)

Councillor Ann Strang joined the meeting at this point

EQ121 PROPOSED MODIFICATIONS TO CLACKMANNANSHIRE AND STIRLINGSTRUCTURE PLAN

The report by the Director of Environmental Services recommended a response tothe draft modifications on the Clackmannanshire and Stirling Structure Plan asproposed by Scottish Ministers.

The finalised Clackmannanshire and Stirling Structure Plan had been approved byboth Councils in August 2000 and had been submitted for the consideration ofScottish Ministers in September. Following this there was a period for submission ofobjections directly to the Scottish Executive. Ministers had now considered theseobjections. On 4th May 2001 the Scottish Executive wrote to both Councils and to allobjectors to notify them of their intention to proceed towards approval of the Planwithout the need for an Examination in Public. Scottish Ministers had to a largeextent endorsed the Plan but had proposed a number of changes to reflect theobjections received and the need for some clarification and updating to reflectNational Planning Guidelines.

Committee was informed of the most significant modifications and the recommendedresponse to them. The proposed changes and the recommended joint response ofClackmannanshire and Stirling Councils having been detailed in Appendix A to thesubmitted report. Clackmannanshire Council had considered the response at itsmeeting held on 13 June and agreed to endorse the contents of the response withthe inclusion of a request that the Scottish Executive should hold an Examination inPublic to consider the impact of housing proposals on the site of the Battle ofBannockburn. The Committee noted that the deadline for a request for anExamination in Public had now passed.

In relation to modification SP2.2, it was indicated that Clackmannanshire Council hadagreed to respond in the following terms: “ in our view it is essential that SterlingMills are permitted to expand shopping in this area.” It was noted that StirlingCouncil would be objecting to this proposal as it was felt that to support furtherpersonal shopping in this location would compete with the role of the traditionalstrategic town centres in Stirling and Alloa. The Committee was advised that theproposal to expand the shopping aspect at Sterling Mills would require to beconsidered in the context of a regional impact investigation.


Decision


1. to welcome the intention of Scottish Ministers to proceed towards approval of thePlan without the need for an Examination in Public and to endorse the Plan asapproved by both Councils subject to a relatively minor number of changes;

2. to submit Clackmannanshire and Stirling Council’s joint response to the proposedchanges as detailed in Appendix A to the submitted report;

3. to recognise the implications of the Structure Plan in removing the need for “localneeds occupancy conditions” in the Upland Area as detailed in paragraphs 4.9and 4.10 of the submitted report.

(Reference - Report by Director of Environmental Services dated 1 June 2001,submitted; Environmental Quality Committee, 28 June 2000, EQ69 refers)

EQ122 'RIO + 10 - STIRLING TO THE SUMMIT' - PROGRAMME FOR STIRLING

A report by the Director of Environmental Services sought approval for a programmeof activities to mark the forthcoming Rio + 10 Conference which will be held inJohannesburg in September 2002. The report detailed the background to the‘Rio + 10’ process, considered the reasons for local support for what was a globalprocess and looked at how the Council and its partners could actively support the‘Rio + 10’ process and what form such a programme would take.

The Conference would mark the 10th anniversary of the 1992 United NationsConference on Environment and Development held in Rio de Janeiro. As with the1992 Conference processes were underway at all levels worldwide to preparesubmissions to the Conference. The Scottish Civic Forum, with the support andparticipation of COSLA and other stakeholder groups was preparing a Scottishsubmission to the Conference. It was recommended that the Committee makerepresentations to the Scottish Civic Forum on progress and action towardssustainability undertaken by Stirling Council.

It was suggested that the theme “Stirling to the Summit – The Year toJohannesburg” be selected for initiatives in the Stirling Council area in the comingtwelve months. The Council would be involved in this process through its ownoperations, in partnership with the Stirling Community including Community Planningpartners, and with other Scottish Local Authorities and agencies.

It was noted that much of the Council’s work could already be expected to make acontribution to such a programme and that areas of current activity demonstrated thatthe Council had responded to meet the global agenda at Community level.

The Committee was advised that participation by groups and individuals wasessential to any process to promote sustainable development. It was noted thatpreliminary discussions had taken place to ensure that an action programme wasagreed for the coming year. In addition to involvement in initiatives within the StirlingCouncil area, it was expected that the Council would become involved withsustainable development initiatives at national level.


Councillor Strang extended an invitation to all Members to attend a meeting of theMember/Officer Group on Sustainability which would meet in September to discussthe issue of flooding.

Decision


1. that a programme be instigated to support the ‘Rio + 10 – Stirling to the Summit’process at Stirling Council level;

2. to encourage other agencies, organisations and communities in the Stirling areato support and participate in the programme;

3. to make representations to the Scottish Civic Forum on progress and actiontowards sustainability by Stirling Council.


EQ123 GREEN TRANSPORT SUPPLEMENTARY GUIDANCE

A report by the Director of Environmental Services detailed the Council’s plans topromote sustainable transport by providing supplementary planning guidance toensure that, where appropriate, Green Transport Plans (GTP’s) were prepared fornew non-residential developments. It was also intended that the use of Green TravelInitiatives would be encouraged on all new applications for non-residentialdevelopments.

The supplementary planning guidance attached as an Appendix to the submittedreport aimed to help provide organisations with a means to reduce its transportationimpacts and to influence the travel behaviour of its employees, suppliers, visitors andcustomers through promotion of the benefits of greener travel. The Government hadbeen promoting the use of green travel and the advice note supported the aims ofStirling Council’s Local Transport Strategy (LTS). The guidance set out when GTPswere required, detailed the types of measures that may be undertaken and indicatedwhere tax incentives were available.

Decision

The Environmental Quality Committee agreed to issue the supplementary planningguidance as detailed in Appendix A to the submitted report for consultation and thatthe comments received and any changes made would be reported through thePlanning Schedule.

(Reference - Report by Director of Environmental and Technical Services dated 25May 2001, submitted)


EQ124 PERFORMANCE REPORT – TECHNICAL SERVICES TRANSPORTCO-ORDINATION CENTRE

A report by the Director of Environmental Services advised the Committee of theproposed arrangements to manage, monitor and report the response times(performance) for requests from the public for services provided by the TransportCo-ordination Centre within Stirling Council’s Technical Services. The Committeewas advised of the target performance indicator levels, as outlined in Appendices 1and 2 to the submitted report, which could be expected from the joint Stirling &Clackmannanshire Councils’ Transport Co-ordination Centre that were currentlymonitored and recorded internally for performance measurement. Information wasprovided and noted on payments made to external providers, the number of local busservice route subsidies and internal absence management performance and wascontained in Appendix 2 to the submitted report. In addition, Committee was advisedon the Bus Station ticket sales performance and income and costs (Appendix 3 to thesubmitted report.) It was noted that this report was the first performance reportprepared by Technical Services.

Stirling Council had received additional external funding from the Scottish Office tooperate Rural Bus Services and Infrastructure since 1999. The funding hadamounted to £80,000 in years 1 and 2, which rose to £86,000 in year 3. This fundinghad enabled the Council to provide a bus service to those areas who had previouslygone without.

A recent announcement by the Scottish Executive confirmed that funding wouldcontinue for a further 3 years at least and would be increased to £100,000 for2000/2001 and would rise to £118,000 in 2003/2004. The Transport Co-ordinationCentre intended to use this funding to further enhance the rural bus network.

The additional funding required for the Rural Outreach Network (RON) would be metfrom the budget. It was hoped that the future of RON would be secured for the nextthree years, as the funding would enable them to secure additional funding fromother sources.

The Committee was advised that the Council would also receive additional fundingfrom the Scottish Executive, which would assist in the provision of a freeconcessionary fares scheme from October 2002. It was anticipated that the fundingwould amount to £744,000, which would be used to top up the Council’s budgetprovision of £420,000 for this purpose. The Council currently administers the JointConcessionary Scheme with Clackmannanshire and Falkirk Councils.

Decision


1. to note the target performance response levels for Accessible Transport asdetailed in Appendices 1 and 2 to the submitted report;

2. to note payments made to external providers, the number of local bus serviceroute subsidies, and internal absence management performance as detailedAppendix 2 to submitted report;


3. to note Bus Station ticket sales performance, income and costs as detailed inAppendix 3 to the submitted report;

4. to report performance, in future, at regular intervals through the Council’sInformation Bulletin.

(Reference - Report by Director of Technical Services dated 14 June 2001,submitted)

EQ125 WINTER MAINTENANCE 2000-2001

A report by the Director of Technical Services set out the year end position for WinterMaintenance on the Council’s roads in terms of the actions taken and theexpenditure compared to the current allocation. The report also sought the approvalof Committee to carry out a review of the existing Winter Maintenance Policy.

The Council as Roads Authority had a statutory obligation in relation to WinterMaintenance as set out in the Roads (Scotland) Act 1984 under the section titledNatural Dangers. Section 34 of the Act stated;

“A roads authority shall take such steps as they consider reasonable to prevent snowand ice endangering the safe passage of pedestrian and vehicles over public roads”

The current policy objective allowed the Council to meet its statutory obligations byproviding the most effective Winter Maintenance Service within the allocated£1,045,500 budget of finite resources. The level of service that could be expected forthis level of resource, compared to the actual actions taken was as detailed below:-

Action Killin Callander Balfron Stirling

00/01

Actual

00/01

Budget

00/01

Actual

00/01

Budget

00/01

Actual

00/01

Budget

00/01

Actual

00/01

Budget

Pre Grit onHold

7 (6) 10 7 (6) 10 7 (4) 11 7 (4) 11

Pre Grit 79(78)

34 79(78)

35 69(68)

28 64 (63) 24

Stand To 74(57)

42 74(61)

41 70(60)

43 62 (51) 36

Call Out 8 (8) 6 8 (8) 6 9 (9) 6 7 (7) 5

SupervisorStand To

1 (1) 3 1 (1) 3 1 (1) 3 2 (0) 2

SupervisorCall Out

3 (0) 1 2 (0) 1 4 (2) 1 6 (2) 3


i) Figures in brackets above represented the number of times the prescribedaction had been actually carried out, i.e. Killin 2000/2001 Actual, Stand To 74(57): there were 74 No Stand To’s of which 57 involved action.

ii) Marginal and variable weather forecast conditions had dictated that actionshould be carried out, however, actual weather encountered had in someinstances rendered these actions invalid due to rising temperatures.

iii) Call Outs : high proportion of Call Outs were due to action over the ChristmasHoliday period. Weather forecasts not as per actual weather encountered.

The Council’s budget for 2000/2001 set in March 2000 had allowed £1,045,500 forWinter Maintenance, which enabled a basic Winter Maintenance Service to beprovided. However, excessive marginal conditions and snowfall had resulted in anoverspend on this budget.

The Council had been discharging its statutory obligations through theimplementation of its current policy. It had been some time since the policy had beenreviewed, therefore, certain aspects, e.g.; footpath treatments and provision of GritBins were in need of update given the changing circumstances and development ofthe area.

Decision


1. to note the action taken and the expenditure on Winter Maintenance for2000/2001;

2. to a review of the current policy being carried out for future consideration by theCommittee and with a view to implementation for the winter of 2002/2003.

(Reference - Report by Director of Technical Services dated 29 May 2001, submitted;Stirling Council, 23 March 2000, SC83 refers)

EQ126 ALLOCATION OF ROADS SERVICE BUDGET 2001/2002

A report by the Director of Technical Services set out the detailed allocation of the2001/2002 Roads Service Budget, which had been agreed by Council at its meetingheld on 15th February 2001. The report also detailed the allocation of the availablebudget based on the priorities identified.


The Council budget allocation for roads management and maintenance was asfollows:-

2001/2002 2000/2001a) Roads Maintenance Revenue £3,504,620 £3,527,856b) Infrastructure Renewal Capital* £ 328,000* £ 720,000c) Roads Management (EmployeeCosts/Office Support)

£1,042,258 £1,025,620

Gross Total £4,874,878 £5,273,476Less Fee Income Target (£423,780) (£423,780)Net Total £4,451,098 £4,849,696Unallocated Roads Capital* £ 400,000* n/a

The available road maintenance and management budgets would be split as follows:-

Roads Service Budget Allocations 2001/2002(Including Revenue, Capital & Management Salaries but excluding fee income target)

Decision


1. to note the Allocation of Roads Service Budget and to approve the allocation ofbudget to each category of road maintenance and management;

2. to approve the consultation on the submitted report and associated roads issuesby means of the Area Forums to help inform and streamline the proposedprogrammes.

(Reference - Report by Director of Technical Services dated 14 May 2001, submitted;Stirling Council, 15 February 2001, SC25 refers)

EQ127 STIRLING TIMBER TRANSPORT LIAISON GROUP

A report by the Director of Technical Services advised the Committee of the StirlingTimber Transport Liaison Group’s work and also sought approval of the approach tobe adopted in progressing consultation regarding timber haulage.

The Stirling Timber Transport Liaison Group, which consisted of representatives fromthe Forestry Commission, The Forest Industry and the Local Authority, was formedapproximately two years ago. The aim of the Group was to address a number ofissues associated with the substantial increase in harvesting of timber, anticipatedover the next few years within the Council area.

The potential impact on the local road network and communities that may be affectedby the timber extraction had been one of the principal motivating factors in agreeingto prepare an Agreed Routes map, which would form the basis for consultation withthe forest industry and local communities. It would be necessary for officers to liaisemore closely with the forestry industry when discussing the transport implications ofplanting and harvesting proposals.


Following discussion between Stirling Council’s Technical Services and the forestindustry, a draft Agreed Routes map had been produced which would be the subjectof consultation with local communities. Consultation with communities would becarried out by way of presentations to the Council’s rural Area Forums.

Decision


1. to acknowledge the partnership approach and to agree to the Group presentingthe Agreed Routes map detailed in the appendix to the submitted report toHighland and Forth Endrick and Blane Valley Area Forums as part of the publicconsultation process;

2. to note that consultation responses would be reported through the InformationBulletin and that any major issue emerging from the consultation process wouldbe reported back to Committee;

3. to use the Agreed Routes as a key tool in managing timber related transportwithin the Council area.

(Reference - Report by Director of Technical Services dated 1 June 2001, submitted)

EQ128 FORTH VALLEY AREA WASTE PLAN – CONSULTATION OUTCOME

At the meeting of the Council held on 17th December 2000 approval had been givenfor officers to undertake an extensive consultation exercise on a strategic issuespaper entitled ‘No Option But Change’ which had been produced by the Forth ValleyWaste Group. The document outlined five potential options for the future, which hadbeen carefully developed to address ever increasing legislative and social pressures.

A report by the Director of Technical Services provided background information andgave an update on the consultation exercise and overall progress that had beenmade in respect of establishing a Joint Committee to facilitate the next stage(s) of theprocess, which was to deliver an area waste plan for the Forth Valley Group. Thereport also sought to ensure that appropriate funding could be secured to implementthe area waste plan.

The Forth Valley Area Waste Group prepared an area waste plan for submission tothe Scottish Executive facilitated by SEPA in late Autumn of this year. Whilst theplan was being facilitated and published by SEPA, the three Councils wouldthereafter have a significant lead role in the process of development andimplementation on approval from the Scottish Executive. The plan at presentfocused primarily on Council produced waste in order to meet with indicativetimescales set by the Executive.

The Chair of the Committee and Councillor John Paterson had represented theCouncil on a Joint Member/Officer Group for Waste. The group had undertakensignificant work in both receiving research papers and updates on the consultationprocess and outcomes. Developmental work was ongoing which involved officersfrom Finance and Legal Services from the three authorities on how best to formalisethe group. It was anticipated that this would be completed by March 2002.


A final draft area waste plan was presented to Committee for approval havingundergone an extensive consultation exercise and each authority had led on thisissue within their own local boundary. The favoured option which was a two stageplan initially involved an intensive recycling solution which included:-

• Kerbside collection of recyclate materials.• Collection and composting of green waste.• Greater use of civic amenity facilities and “bring” recycling skips.

A comprehensive consultation process was undertaken by the Council whichincluded:-

• A half day seminar for local MSPs, industry and community representatives;

• A number of presentations and updates to the Stirling Council Community WasteForum;

• A copy of the paper (and a plain English briefing note) was sent to all CommunityCouncils;

• A presentation was made to all the Stirling Council Area Forums.

The work associated with this project had been up until now undertaken withinexisting resources. However, consideration would require to be given to realisingadditional resources to assist with the next stages of the project.

The final consultation of the Final Draft Area Waste Plan would take place betweenJuly and September 2001 and it was expected that the Plan would be finally adoptedin November 2001. A copy of the Plan would be submitted to the Scottish Executivedue to the financial implications associated with its implementation. The ScottishExecutive had created a three year strategic fund of £50.4M and the Forth ValleyArea Waste Group would make a formal approach to the Executive for funding fromthe fund.

The second stage of this strategic plan was to review the effectiveness or otherwiseof this and overall progress made in meeting European union landfill targets, whichwould be done by 2006 at the latest. The potential of a thermal treatment optionusing latest clean technologies would be explored if it was considered necessary.This would be significantly different from a mass burn incineration plant.

Decision


1. to approve the final draft area waste plan and future strategic option(s) whichincluded a two stage approach:-(a) an intensive large scale recycling strategy including a material reclamation

facility and transfer station underpinned by extensive and ongoing wasteminimisation, promotion and education initiatives;


(b) acknowledge the potential need for giving due consideration at a later stage(no later than 2006) to a thermal treatment process plant to fulfil statutory andlegal requirements;

2. to acknowledge the proactive workings of the Joint Member Officer Group forwaste and significant progress being made in the likelihood to establish a JointCommittee;

3. to acknowledge the timescales for this final consultation and that a copy of thedraft area waste plan shall be duly sent to the Scottish Executive forconsideration.

(Reference - Report by Director of Technical Services dated 5 June 2001, submitted;Stirling Council, 17 December 2000, SC 123 refers)

EQ129 PUBLIC TRANSPORT FUNDING

A report by the Director of Technical Services sought approval for a bid to the PublicTransport Fund which required to be submitted by 6 August 2001.

The Committee was advised that there were now three elements to the PublicTransport Fund. The Public Transport Fund itself was additional Section 94 CapitalBorrowing Consent for which Councils must bid. In a second and new element,Councils could also bid into a Preparation Pool for funding to develop projects forfuture bids. The third element was ring fenced Section 94 borrowing consentallocated for Cycling Walking and Safety Streets (CWSS).

Following guidelines issued by the Scottish Executive, the Committee was requestedto approve the submission of a bid for Public Transport Funding for “Access toDunblane, Bridge of Allan and Stirling Stations”. It was noted that there was to be nobid for Preparation Pool funding as there were no projects sufficiently progressed andno match funding was available within existing Council budgets.

The Committee was advised that Scottish Executive guidance indicated that thereshould be contributions to the project from both the public and private sector. It wasnoted that preliminary discussions had been held with Railtrack, Scotrail andSustrans who had all agreed to contribute to the project in principle. The Councilwould be contributing to the project from existing budgets.

It was noted that details of allocation of funding for Cycling Walking and Safer Streetswould be submitted to the Scottish Executive by 6 August which would be madeavailable in the Information Bulletin.

Decision


1. to approve bids, to be worked up in detail by officers, for submission to theScottish Executive for Public Transport funding for “Access to Dunblane, Bridgeof Allan and Stirling”.


2. that officers would allocate the Cycling Walking and Safer Street additionalfunding, according to the approved Local Transport Strategy and submit details tothe Scottish Office by 6 August 2001, details of which would be published in theInformation Bulletin.

(Reference - Report by Director of Technical Services dated 17 May 2001,submitted)

The Chair declared the meeting closed at 5.05 pm.

APPENDIX 1

STIRLING COUNCIL - FOOD & FEEDINGSTUFFS SERVICE PLAN

1. Service Aims and Objectives

1.1. Aims and Objectives

The Food Service aims to ensure the comprehensive and consistent enforcement of FoodSafety Food Standards and Feedingstuffs legislation within the Stirling Council area.

1.2. Links to corporate objectives and plans

The Food Service aims to play its part in fulfilling the Council's Corporate Visions, in particular thecommitment to providing a safe environment, and its Corporate Values, in particular the commitmentto delivering quality Services which are efficient and effective.

The Food Service aims to fulfil the Council's 4 Strategic Aims of Quality and Best Value, LocalDemocracy, Social Inclusion and Sustainability where they apply to the provision of its Service.

Stirling Council Environmental Services have produced an Enforcement Charter, guided by theCouncil's Strategic Aims, a copy of which has been delivered to, among others, all food businesses.

Stirling Council is a member of the Central and East of Scotland Food Safety Benchmarking Groupwhich aims to make comparisons across Authorities to identify best practice with a view to assistingAuthorities to achieve continuous improvement and best value within their Service areas.

2. Background

2.1. Profile of the Local Authority

Stirling Council has a population of 85,220. The main population centre is the greaterStirling area incorporating the old town but much of the area is rural with many small townsand villages scattered throughout the Council’s 848 square mile area.

Tourism and leisure are major employers in the area and the number of food premises hasgrown consistently over the years from 457 in 1982 to 1,449 in 2001 with an ever expandingnumber of hotels and restaurants requiring inspection. This figure does not include the manysmall bed and breakfast establishments of which there are many hundreds, which tradesporadically throughout the year but do not require to register with us.

Agriculture has been on the decline in recent years though much of the rural area remainsunder cultivation. There are over 500 farms and agricultural premises within Stirling Councilof which 220 are registered or approved under the Feedingstuffs (Establishments andIntermediaries) Regulations 1999. Pet foods which are also classed as feedingstuffs areavailable from most retail outlets in pre-packed form which are produced on a UK wide basisthough there are 6 premises which specialise in pet foods which are sold loose from bulk.There are also a further 22 Animal Boarding, Dog Breeding and Horse RidingEstablishments.

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Stirling Council – Food and Feedingstuffs Service Plan page 21 of 36

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Food Safety and Food Standards legislation is enforced by the Food Safety Service underthe Food Safety Manager and Feedingstuffs legislation is enforced by the TradingStandards Service under the Trading Standards Manager.

2.2. Organisational Structure

The organisational structure of Stirling Council in relation to the Food Service is detailed inAppendix I(a) at the rear of this document.

2.3. Scope of the Food Service

The Food Service undertakes the following activities:-

• Programmed inspection of premises(Food Standards inspections are usually combined with hygiene visit, for lower riskpremises Health and Safety inspection may also be combined)

• Informal and formal enforcement action to secure compliance with legislation i.e.

Informal inspection reportsFormal noticesEmergency closure of premisesCondemnation/seizure of food and feedingstuffsWritten warningsReports to the Procurator Fiscal

• Complaint investigations• Food poisoning investigations• Procurement of samples

(Analysis arrangements are detailed in 3.5)• Licensing/registration/approval of premises• Trade/public education

(Usually carried out by Council Officers but occasionally private training consultantsused)

2.4. Demands on the Food Service

Currently there are 1,449 food premises, over 500 agricultural premises and 6 specialist petshops in the Stirling Council area.

The food industry in Stirling is very dynamic and constant updates and additions require tobe made to the database as premises open and close or change hands.

While it is possible to maintain accurate records of the larger and long established foodbusinesses, records of premises which do not require to register with us and/or open andclose sporadically such as small bed and breakfasts are less accurate.

The breakdown of premise types is as follows:-



FoodProducer

sSlaughterhouses Manufacturer

sWholesaler

sRetailer

sCaterer

sTotal

34 2 33 36 389 957 1451

FeedingstuffsManufacturers Wholesalers Retailers Farms Total

1 2 12 500 515

Of these premises the breakdown of Registrations/Approvals/Licences is as follows:-

Approved dairy establishments (pasteurisation) 2Approved dairy establishments (ice cream) 2Approved meat products manufacturers 1Licensed milk producers 29Licensed butchers 35Registered ice cream retailers 48Registered feedingstuffs establishments 180Registered feedingstuffs intermediaries 29Approved feedingstuffs establishments 11

While most premises are of small to medium size providing local and tourist needs, there areseveral larger food manufacturers located in the Stirling area for which we are the “homeauthority”:-

Scotland’s largest independent dairyTwo ice cream manufacturers supplying outlets outwith the Stirling areaA manufacturing baker supplying outlets both nationally and internationallyA confectionery manufacturer supplying outlets nationallyA brewery supplying licensed premises nationally

In addition we are “Originating Authority” for 2 distilleries.

The Food Service is based at the Municipal Buildings, Corn Exchange Road, Stirling. Thereare no sub offices. Office hours are 9am – 5pm Monday to Friday with one officer on duty forfood emergencies during weekends and public holidays. In addition officers will occasionallybe on duty outwith normal office hours where the opening hours of a premise requires it e.g.carryouts which only open in the evening and fetes held at weekends.

Many of the tourist-orientated businesses in the northern part of the area close for the winterand their open season can vary from year to year. This presents logistical difficulties inmeeting the inspection frequencies of Code of Practice 9 and can often result in performanceindicator targets being missed for reasons outwith our control.

Being a tourist area which includes both urban and remote areas there are a large volume ofsmall bed and breakfast establishments (approximately 600) which trade intermittentlythroughout the year. Most of them have not or do not require to register with us and manyare not registered with the Tourist Board, which means that our database of premises isnever fully complete.



There is a growing number of Indian and Chinese restaurants and take-ways in the areawhere the proprietor or staff are not fluent in English. Regular courses are held in theappropriate language to ensure that all food workers receive the same training opportunities.Stocks of own language materials are held and access is available if required to a translationservice.

Less than half of the agricultural establishments sought registration or approval under theFeedingstuffs (Establishments and Intermediaries) Regulations 1999, therefore all premiseswill have to be inspected to determine whether or not registration or approval is actuallyapplicable to their situation. The farms within Stirling Council are spread over a large areawith access requiring, in some cases, lengthy off road journeys. Unannounced inspection orsampling visits could result in nobody being available on the premises thus necessitating areturn visit.

2.5. Enforcement Policy

Enforcement of Food Safety and Feedingstuffs is detailed in the Council's EnforcementPolicy (separate document) a previous version of which was approved by the EnvironmentalQuality Committee on 4 June 1998.

3. Service Delivery

3.1. Food and Feedingstuffs Premises Inspections

Stirling Council will aim to inspect all food and feedingstuffs businesses in accordance withthe frequency specified in Code of Practice No 9 for food and in accordance with theenforcement plan agreed by the Food Standards Agency and LACOTS (guidance inpreparation) for feedingstuffs and will actively seek, where appropriate, unregisteredpremises for inclusion in the programme. When prioritising workload, priority will be given tothe inspection of higher risk premises at the possible expense of lower risk premises.

The inspection frequencies for each risk category are as follows:-

Inspection frequency for each risk bandInspection typeA* B* C* D E F

Food Hygiene 6months

1 year 1½years

2 years 3 years 5 years

Food Standards 1 year 2 years 5 years NA NA NAFeedingstuffs 1 year 2 years 5 years NA NA NA

The present risk profile of premises is as follows:-

Number of premises in each risk bandInspection typeA* B* C* D E F

Total

Food Hygiene 16 141 614 154 128 396 1,449Food Standards 5 53 1391 NA NA NA 1,449Feedingstuffs 11 220 272 NA NA NA 502



The actual number of programmed inspection carried out in any year can not be accuratelypredicted at the start of the year as the inspection frequencies will change during the year aspremises are re risk assessed.

The estimated number of inspections that will be carried out during 2001/02 is as follows:-

Number of programmed inspections for each riskband

Inspection type

A* B* C* D E F

Total

Food Hygiene 15 138 404 92 55 186 890Food Standards 5 18 278 NA NA NA 301Feedingstuffs 11 110 54 NA NA NA 175

In addition to programmed inspections, additional revisit inspections are carried out. Thesetend to be more frequent for higher risk premises. The revisits for feedingstuffs wouldaccount for less than 10% of visits not including return visits due to nobody being available.An estimate of the number of revisits is as follows:-

Number of revisit inspections for each risk bandInspection typeA* B* C* D E F

Total

Food Hygiene 31 201 221 10 10 4 477Food Standards 1 2 3 NA NA NA 6Feedingstuffs 1 11 5 NA NA NA 16

* For Food Standards and Feedingstuffs, categories A-C correspond to High, Medium andLow risk.

The Food Hygiene and Food Standards inspections will be carried out by the Food SafetyTeam comprising 4 Environmental Health Officers and 2 Technical Officers with theestimated full time equivalent allocation of inspecting staff being 4.05.

The Feedingstuffs inspections will be carried out by a Trading Standards Officer or anEnforcement Officer with an estimated full time equivalent of <1 member of staff.

While our 35 butchers will be risk assessed in the same manner as other food premises,because of the annual licensing requirement they will receive more inspections than theCode of Practice requires.

3.2. Food and Feedingstuffs Complaints

Stirling Council will provide a service for the investigation of complaints regarding FoodSafety, Food Standards and Feedingstuffs and shall aim to provide a prompt and efficientservice in accordance with the performance targets detailed in the Service Standarddocument.

The estimated number of complaints that the services will receive on an annual basis is asfollows:-



Complaint type Number of complaints

Condition of food premises (food hygiene) 66Allegations of food poisoning 16Condition of food (foreign bodies, mould etc) 37Quality of food (food standards) 6Feedingstuffs 3

The first 4 complaint types will be actioned by the Food Safety Team comprising 4Environmental Health Officers and 2 Technical Officers with the estimated full timeequivalent allocation of staff being 0.5.

Feedingstuffs complaints will be actioned by either a Trading Standards Officer or anEnforcement Officer with the estimated full time equivalent allocation of staff being less than0.01.

3.3. Home Authority Principle

Stirling Council supports the Home Authority principal as set out by LACOTS and shall aimto follow it when considering formal action in premises whose headquarters are outwith theStirling area and when dealing with complaints of food manufactured outwith the Stirlingarea.

Stirling Council is Home Authority for 7 food businesses and 1 feedingstuffs business andOriginating Authority for 2 food businesses and will aim to fulfil its role with regard to thesepremises in accordance with the principles set out by LACOTS.

Home authority enquiries from other authorities regarding these businesses are relativelyfew and amount to no more than a full time equivalent of 5-7 days of staff time per yearhowever the trend is towards an increase in enquiries and this is likely to continue.

3.4. Advice to Businesses

A free advisory service is provided for persons/companies in the food and feedingstuffsbusiness:-

• wishing to set up a new business• wishing to make structural alterations at an existing business• wishing to make changes to procedures at an existing business• wishing general advice on compliance with legislation.

Contact with food and feedingstuffs businesses is made/facilitated by:-

• ensuring businesses are aware of the contact point for advice by

including it in all report lettersincluding it throughout “in house” guidespublicising it in the local pressincluding it on material/items distributed (e.g. free fridge thermometers)including it on the Council’s Web Site



• targeting specific sectors of the industry with advisory mailshots (e.g. butchers)• producing “in house” guides to compliance (e.g. the nursery guide)• maintaining stocks of Government advisory leaflets• purchasing educational and training material and making it available to businesses via local

libraries• articles in the local press (e.g. Xmas turkey)• developing pages within the Council’s Web site• checking all Planning and Building Control schedules and where appropriate, liasing with the

applicant to ensure compliance• checking all applications to the Licensing Board and where appropriate, liasing with the applicant

to ensure compliance• offering advice in the course of routine visits/inspections• responding to direct requests for advice.

The estimated annual number of requests for advice from food businesses is 264. The timetaken to deal with them will vary from a short telephone conversation to a detailed site visit.The estimated annual full time equivalent allocation of staff for providing advice tobusinesses is 0.04.

Trading Standards deals with 300 requests for business advice annually of which less than1% currently relate to animal feedingstuffs. The estimated annual full time equivalentallocation of staff for providing feedingstuffs advice to businesses is 0.001.

3.5. Food and Feedingstuffs Inspection and Sampling

A database of premises requiring routine sampling will be maintained and an annualsampling programme shall be drawn up which ensures the efficient use of availableresources.

Samples will be taken as follows:-

• for food and feedingstuffs manufactured in the Stirling Council area, to ensure compliance withstatutory and guideline compositional standards

• for food manufactured in the Stirling Council area, to ensure compliance with statutory andguideline bacteriological standards

• to investigate a complaint of food or feedingstuffs manufactured or sold in the Stirling Council area• to follow-up a routine sample failure at a food or feedingstuffs business or premise• to investigate a suspected food poisoning outbreak• to participate (where resources permit) in local or national surveys.

Food samples for compositional analysis will be taken at a sampling rate of 2 samples per1000 (excluding water samples – see below) population equating to 167 samples per yearand will be submitted to Glasgow Scientific Services.

Food samples for bacteriological examination will be taken at a minimum frequency asdetailed in the Council’s sampling programme and in addition to this as often as necessarywhere there is a public health interest and will be submitted to Glasgow Scientific Services.

In the event of a food poisoning outbreak, samples will be taken as and when required wherethere is a public health interest. Food samples will be submitted to Glasgow ScientificServices, stool specimens will be submitted to Stirling Royal Infirmary and water samples(both public and private) will be submitted to East of Scotland Water Authority. The cost of



such analyses shall be borne by Forth Valley Health Board with the exception of the analysisof public water, the cost of which shall be borne by East of Scotland Water Authority.

Water samples will be taken at a frequency as proscribed by the Private Water SuppliesScotland Regulations and in addition as often as necessary where there is a public healthinterest and submitted to East of Scotland Water Authority.

Food complaints will be submitted to Glasgow Scientific Services where this is necessary toestablish the cause or to gather evidence for formal action. The annual estimated number ofcomplaints received is 37 and of these approximately 4 will be submitted for analysis.

Feedingstuffs samples will be taken at a frequency of 1 per 10,000 population (i.e. 8samples) until such time as the Food Standards Agency and LACOTS identify a samplingcriteria and until such time as additional funding is provided. The samples will be submittedto Glasgow Scientific Services for analysis.

Food and feedingstuffs manufactured outwith the Stirling area will be dealt with by theLACOTS Home Authority principal and will not be routinely sampled unless there is a publichealth issue.

In the event of a non compliance, Stirling Council will take appropriate action as per itsEnforcement Policy.

3.6. Control and Investigation of Outbreaks and Food Related Infectious Disease

When investigating notification/complaints/outbreaks Stirling Council will aim to:-

• establish the cause with a view to preventing a recurrence• prevent further spread by advising/excluding cases and withdrawing/recalling suspect food• take enforcement action where there is evidence of contributory negligence and where to do so

would not prejudice the two aims above.

Stirling Council shall, co-operate with Falkirk Council, Clackmannanshire Council and theForth Valley Health Board to produce a control plan for dealing with major outbreaks of foodrelated illness and shall work with the said authorities to ensure that the plan is regularlyreviewed, to ensure it is still relevant and up to date and that regular (at least annual)training/refresher seminars are held for all officers likely to be involved.

Stirling Council shall ensure that notifications of food related infectious disease areinvestigated in a structured and consistent manner by following the advice contained in theScottish Executive guide “The Investigation and Control of Outbreaks of Foodborne Diseasein Scotland”, a copy of which will be issued to all officers, and by completing the foodpoisoning investigation questionnaire produced by the Working Group of the Consultants inPublic Health Medicine in Scotland.

An estimated 182 notifications and complaints of potentially food related infectious diseaseare received annually and there is typically 2-3 larger outbreaks. The full time equivalent ofstaff can vary very much from year to year but would typically be 0.25.



3.7. Food Safety Incidents

Stirling Council will ensure that all food hazard warnings are actioned in accordance withCode of Practice No 16 during office hours and shall maintain an out of hours service toensure that cover is also provided for incidents occurring during weekends and publicholidays.

The specific action to be taken will vary with the severity of the warning and its localrelevance however the Service Manger or officer on duty will assess the risk to public safetyand where necessary take immediate appropriate action. Appropriate action may include:-

• immediate visits to affected premises to seize stock• phoning round premises to ensure that affected stock is withdrawn from sale• sending a letter to premises who may stock the affected food giving details of action to be taken• arranging for local media coverage.

Approximately 100 Food Hazard Warnings are received annually of which as few as 1-2 mayrequire local action. Staff time taken can vary greatly from year to year but would typically bea full time equivalent of 0.002.

In addition to responding to notified incidents, Stirling Council will where necessary initiateFood Hazard Warnings in accordance with Code of Practice 16.

3.8. Liaison with Other Organisations

Stirling Council shall ensure consistency of enforcement by:-

• liasing with Falkirk and Clackmannanshire Councils via the Scottish Food Co-ordinatingCommittee system of liaison to ensure consistent enforcement in the Central Food Liaison grouparea

• liasing via the Central Food Liaison Group with the SFCC• representing Central Food Liaison Group at the national Food Hygiene Working Group• responding as appropriate to consultations from government bodies and agencies regarding

proposals for new legislation/guidance• liasing with REHIS as an approved training centre for food handlers• liaison as appropriate with other services within the council e.g.:-

Technical Services re schools cateringChildren’s Services re nurseriesCivic Services re licensing of Public Houses, Hotels and RestaurantsCivic Services re licensing of food and ice cream vans

• liasing with Forth Valley Health Board in the formulation of policy and procedures which affect theForth Valley area

• ensuring that the views of Stirling Council are represented in response to consultations forchanges to relevant legislation and guidance prepared by the Food Standards Agency andLACOTS

• representing Stirling Council and the Society of Chief Officers in Trading Standards in Scotland's(SCOTTS) interests on feedingstuffs on the Quality Standards LACOTS Sub Group.

An estimate of the resources required for liaisons with other organisations is 0.02 for foodand less than 0.01 for feedingstuffs.



3.9. Food and Feedingstuffs Safety and Standards Promotion

Stirling Council shall promote food and feedingstuffs safety and standards by the followingmeans:-

• by holding Elementary Food Hygiene courses at minimal cost (currently £30) in the Autumn andSpring of each year to which all proprietors of food businesses will be invited to attend and/or sendstaff

• by holding additional Elementary Food Hygiene courses on demand• by holding regular seminars at minimal cost (currently £10) to assist in compliance with Hazard

Analysis• by maintaining stocks of information leaflets and making them available to the industry free of

charge• by purchasing Food Safety educational and training material, books and videos and making them

available for loan, in partnership with the Libraries Service, at all local libraries• by publicising the availability of educational, training and guidance material available on the

Council’s internet site• by providing lecturers for the law enforcement part of the syllabus of the Intermediate Food

Hygiene Course organised by independent trainers• by giving talks to schools and voluntary organisation as requested• by participating in the food safety scenario of the “Crucial Crew” child education programme

reaching approximately 1,000 children from Stirling and neighbouring areas.• by participating, in co-operation with Falkirk and Clackmannanshire Councils and Forth Valley

Health Board in “Food Safety Week” activities• by targeting guidance material by mailshot where appropriate e.g. nursery guide, farmer’s market

guide, guidance for butchers• by raising awareness of feedingstuffs issues within the agricultural community through the Council

Web Site, press releases and mailshots.

The following means shall be used to evaluate the effectiveness of promotion work:-

• for courses and seminars – a participants appraisal sheet• for material distributed via the Library Service – by obtaining an annual statement of withdrawals• for responses to request for information – by sending a questionnaire to 10% of enquirers• for publicity campaigns such as Food Safety Week – by monitoring uptake and outcomes via

questionnaires sent to a selection of the target group• for information on the Council’s Web page – by monitoring the “hit” counter on a quarterly basis• for awareness raising by measuring the levels of business advice requests for feedingstuffs.

A record will be kept of the outcomes of each of the evaluations above.

The full time equivalent allocation of staff time would typically be 0.15 for food and less than0.01 for feedingstuffs.

4. Resources

4.1. Financial Allocation

The budget for food enforcement has remained static, with the exception of annualinflationary rises and the receipt of the Pennington funding which allowed us to increase theteam by an additional 2 EHOs in January 1998.



There has been no additional resource allocation for the enforcement of feedingstuffslegislation. The requirement for additional resources for the inspection and sampling ofagricultural premises, sampling equipment and Public Analyst fees have not beendetermined. The costs of this work for 2001/2002 will be met from existing resources.

The budget for 2001/02 is:-

Food Safety FeedingstuffsEmployee costs £227,480 £22,024Purchase of samples £390 £100Equipment £6,690 £300Analysis fees £17,570 £1,400Food Hygiene Course costs £490 NAInsurance £4,590* £446

Expenditure

Car allowances £14,010 £1,196Food Hygiene Course income £2,750 NAIncomeIssue of Unsound Food Certs. £156 NA

Total £274,126 £25,466

* includes Health Services and Public Health Act compensation insurance

There is no contingency in the Food Safety or Feedingstuffs budgets for legal action. In theevent of funds being required this would by sourced from balances.

4.2. Staffing Allocation

The deployment of staff is detailed in Appendix IIa.

4.3. Staff Development Plan

The Service Managers shall identify training needs affecting the Service as a whole whichresult from changes on Legislation, centrally issued guidance or new Technical informationand shall arrange for the relevant training to be provided, either externally or internally.

In addition to this, the Service Managers will meet on a 1-2-1 basis with each of theirauthorised Enforcement Officers as often as necessary and at least annually to assess theirindividual training needs and will arrange where necessary for the relevant training to beprovided, either internally or externally.

In-house training shall be provided as required and staff will be given the opportunity on arotation basis to attend the core annual training courses such as the Food Update, the LawEnforcement course and other courses arranged ad hoc by organisations such a REHIS andthe Food Standards Agency to cover changes in Legislation etc. and feedingstuffs coursesarranged by the Trading Standards Institute or other appropriate bodies.



5. Quality Assessment

5.1. Quality Assessment

Stirling Council shall take steps to ensure that the commitments made in its Service Standarddocument are met.

The quality of the service shall be assessed by the following methods:-

• inspection checklist report forms will be completed following all inspections and 10% of themchecked by the Service Managers and records kept

• standard paragraphs will be used for inspection report letters to ensure advice is consistent• a representative sample of report letters will be checked by the Service Managers and records

kept• surveying “customer” opinion by issuing questionnaires along with a minimum of 10% of

inspection reports selected randomly• accompanying each Officer during an inspection at least annually and noting any training needs

on the officer’s Developmental Needs form for future action• random checks on data entry quality• for complaints of service quality the Service’s existing “Talkback” system will be used.

6. Resources

6.1. Review against Service Plan

The Service Plan shall be reviewed by the Service Managers annually to ensure accuracyand relevance and amended as appropriate.

Where significant changes have been made to the Service Plan, it shall be re-submitted forCouncil approval at the earliest opportunity but no longer than within one year.

The Service Managers shall report annually to the Council detailing performance against thetargets set and commitments given in the Service Plan.

6.2. Indication of any Variance from the Service Plan

As part of their annual Service plan performance report to the Council, the Service Managersshall highlight any shortfalls and shall provide an explanation for these along with proposedaction to prevent a recurrence.

6.3. Areas of Improvement

In addition to reviewing the Service Plan as in 6.1 above the Service Managers will identifyopportunities for improving or developing the Service and submit any such proposals forCouncil approval highlighted as amendments to the Service Plan.

Environmental Health/Trading StandardsStirling CouncilMunicipal BuildingsStirling2 May 2001



Appendix I (a)

Stirling Council Organisational Structure (in relation to the Food Service)

Full Council

ChiefExecutive

Environmental Quality CommitteeCommunity and Economic DevelopmentCommittee

Director ofEnvironmental

Heads of Economic Development, Joint Ventures,Planning and Environmental Strategy, HousingServices

Head of EnvironmentalOperations

Food SafetyManager

TradingStandardsManager

BuildingControl

Manager

Health andSafety

Manager

4 EnvironmentalHealth Officers

2 Technical Officers(equivalent to 1 FTE)

1 Trading StandardsOfficersor1 Enforcement Officerplus1 Assistant(no post at present)

(equivalent to 1 FTE

Analysts:-Food analysis and examination -Glasgow Scientific Services

Water analysis and examination –East of Scotland Water

Food poisoning specimenexamination –

Directors of Children's Services, Technical Services,Community Services, Civic Services and Finance andInformation Services

External ServiceProviders:-Analytical

Services



Appendix II (a)

Staff ResourcesDuties Officers Authorisation Full time

equivalent

6 x EnvironmentalHealth Officers

Inspect food businessesInspect and seize foodProcure samplesRegister food businesses in terms of theFood Safety ActRegister retailers of unwrapped icecreamReport directly to the Licensing ServiceServe an improvement noticeReport to the Procurator Fiscal

4

2 x TechnicalOfficers

As above 1

1 x Service Manager As above plus:-Issue licences for butcher’s shopsApprove premises under product specificlegislation(milk, meat and fish products)Serve an emergency prohibition notice

1

Food SafetyandFood Standards

6 x Admin Officers NA 1

Trading Standards /Enforcement

Inspect feedingstuffs premisesExamine feedingstuffsProcure samplesRegister Establishments and IntermediariesInvestigate complaintsIssue warning noticesReport to the Procurator Fiscal

0.4

Assistant TSO Assist withInspection of feedingstuffs premisesExamination of recordsProcure samplesRegister Establishments and IntermediariesInvestigate of complaints

0.5

1 x Service Manager As above 0.1

Feedingstuffs

6 x Admin Officers NA 0.1

APPENDIX 2

STIRLING COUNCILFOOD SAFETY & FEEDINGSTUFFS ENFORCEMENT POLICY

General Enforcement Decisions

In deciding whether or not to take any form of formal action consideration will be given to:-

• the relevant legislation• the relevant industry guide for guidance on interpretation• the relevant Code of Practice• any centrally issued guidance e.g. Food Standards Agency, LACOTS• the Home Authority Principal

In deciding which form of formal action is most appropriate, the likely time-scale to concludethe action will be weighed up against the risk to public/animal health.

In deciding whether or not a business presents a risk to Food Safety, regard shall behad for:-

• the nature of the food/feedingstuff• the manner in which it is handled• the manner in which it is packed• any process to which it is subjected• the conditions under which it is stored or displayed

Significant risk - in deciding whether or not any risks associated with a business aresignificant, consideration will be given to the adequacy of the controls at the critical points inthe process and the possible consequences for public/animal safety.

Informal Action

Most minor contraventions will be dealt with informally subject to the following provisos:-

• where the consequences of non compliance will not present a significant risk• where (from a knowledge of the proprietor’s previous record) it can reasonably be

expected that compliance will be forthcoming• where, due to the nature of the business (e.g. voluntary organisations) informal action

may be more effective• where the evidence is insufficient to proceed formally

In all cases, informal requests and agreements will be confirmed in writing.

Improvement Notice (Food)

When serving Improvement Notices, regard shall be had to Code of Practice No 5.

Improvement Notices will be served under the following circumstances:-

• where the consequences of non compliance present significant risk (see GeneralEnforcement Decisions above)

• where co-operation in rectifying a contravention is not forthcoming

ABC

Stirling Council – Food and Feedingstuffs Enforcement Policy page 35 of36


• where the severity of the contravention is such that it would not be appropriate to leavethe matter unresolved until the next programmed inspection or until the conclusion of aprosecution

Where an Officer is satisfied that circumstances merit the service of an Improvement Notice,the procedure shall be initiated at the earliest opportunity.

While Improvement Notices may be served on the evidence of the authorised officer alone,upon expiry of the notice (where prosecution is likely) the authorised officer will beaccompanied by a witness.

Except where circumstances have changed such as to cast doubt on the quality of theevidence, all persons failing to comply with Improvement Notices will be the subject of areport to the Procurator Fiscal.

Improvement Notices will not be served by Authorised Officers without having personallywitnessed the contravention.

Detention and Seizure of Food

Where a food fails to meet the "Food Safety Requirements" as defined by the Food Safety Actor where a food appears to be a likely cause of infectious disease then officers will detain orseize it as appropriate. In doing so, regard shall be had for Code of Practice 4.

Food Hazard Warnings

Where a potential food hazard is identified then officers will immediately take appropriateaction as per Code of Practice No 16.

Emergency Prohibition Notice (Food)

When serving Emergency Prohibition Notices, regard shall be had for Code ofPractice No 6.

Where an officer in the course of his/her duties encounters a situation where there appears tobe imminent risk to health (as defined in Code of Practice No 6), that officer will immediatelyadvise the Food Safety Manager (or other Authorised Officer for Emergency Prohibitionprocedure – currently the Community Health and Safety Manager and the Head ofEnvironmental Operations). If it is agreed that the risk is imminent, then a Notice will beserved by the Authorised Officer immediately.

Emergency Prohibition Notices will only be signed by Authorised Officers after havingpersonally witnessed the matter.

Procurator Fiscal

Contraventions may be reported to the Procurator Fiscal in the following circumstances:-

• where the contravention presents an imminent risk (i.e. concurrent with EmergencyProhibition procedure)

• where the contravention presents a significant risk (i.e. concurrent with ImprovementNotice procedure)

• where there is non compliance with an Improvement Notice (food)• where there has been a history of non compliance with food/feedingstuffs legislation• where there is unlikely to be a “due diligence” defence• where the proprietor of new premises or newly purchased premises did not notify the

Local Authority as required by the Food Premises (Registration) Regulations and wherethis delayed enforcement in circumstances where there was imminent or significant risk (itis expected that prosecution will not be taken on this offence alone)

Stirling Council – Food and Feedingstuffs Enforcement Policy page 36 of36


In deciding whether a report should be submitted to the Procurator Fiscal concurrent withEmergency Prohibition or Improvement Notice procedure, consideration will be given to thedegree of negligence on the part of the person responsible.

Where an Officer is satisfied that circumstances merit sending a report to the ProcuratorFiscal, this shall be carried out at the earliest opportunity.

The accused will be kept fully informed of any proposed actions and where appropriate, willbe invited to offer an explanation before a prosecution decision is made.

Product/Premise Specific Enforcement Action

For certain premises, the above enforcement actions may be taken either separately orconcurrently with powers to withdraw/suspend approval/licence as appropriate to the premisee.g. Dairy Products, Meat Products, Butchers. Such powers would normally only beexercised where there was a significant or imminent risk to public safety.

Hazard Analysis

All food premises not making “Good Progress" in compliance with the Hazard Analysisrequirement (as defined in the SFCC guidance document on the subject) will be the subject ofappropriate formal action.

Sampling

All routine samples of food manufactured locally will be taken as “informals”.

Where an informal sample fails to meet a statutory compositional standard, the manufacturerwill be notified in writing of the result, offered advice and cautioned as to the consequences ofa repeat failure. The follow-up sample will be taken on a “formal” basis and if this also failsthen (in the absence of mitigating circumstances) the matter shall be referred to theProcurator Fiscal.

Where an informal milk sample fails to meet a statutory bacteriological standard, theprocedure detailed in the (as then) Scottish Office "Coliform Chart" shall be followed.

Where a food or feedingstuffs sample fails to meet a statutory or informal standard forcompositional or bacteriological (food only) quality then appropriate enforcement action asdetailed above shall be taken.

New Premises and Change of Owner

New premises or premises where the owner has changed will be inspected as soonas possible after notification or coming to the Food Safety or Trading Standard'sService's attention. Such premises will be expected to be in full compliance with allFood Safety/Feedingstuffs legislation upon commencing business.

Where there are areas of non compliance which do not present significant risk, arapid programme of compliance will be agreed with the proprietor.

Where the risk is significant, appropriate formal proceedings will be commencedimmediately.

Environmental Health/Trading StandardsStirling CouncilMunicipal BuildingsStirling2 May 2001

Documents

MINUTES of MEETING of the ENVIRONMENTAL QUALITY …minutes.stirling.gov.uk/pdfs/environmental/minutes/eq20010614.pdf · Food Futures was a three year national project developed by