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When we visit a business
South Tyneside Trading Standards Service is committed
to promoting a fair trading environment for our residents,
visitors and traders.
We utilise several approaches some of which involve
one of our officers visiting you at your trading premises.
These visits may be as a result of a complaint received
about your business, routine inspections, sampling
or other test purchases or perhaps at your request.
Our authorised officers carry identification which
they will show to you on request. They have legal powers
which allow them to enter trade premises, inspect goods
and make purchases in order to have goods tested. They
also have powers when it is suspected that offences
have occurred to seize goods and documents as evidence.
Routine Inspection
We follow a
programme designed to visit traders
the frequency of which is determined
according the risk assessment of trader's activities.
During these visits we are checking legal compliance
and looking to identify any issues which may lead to
consumer complaints. We will provide appropriate guidance
with the intention of not being an unnecessary burden
on your business. Enforcement actions, including prosecution
are only taken in appropriate circumstances and decisions
will always be made in accordance with our
enforcement policy.
A new initiative we are currently piloting is the possibility
of permitting a degree of self-regulation, in appropriate
cases, through the use of questionnaires. The objective
is to identify those traders who pose a least risk
of breaching consumer protection legislation, and who
can therefore be regarded as being low priority in
terms of requiring an on site inspection.
By completing the self
assessment questionnaire it is hoped is that completion
of these forms may be less of a burden on your business
but also help us to prioritise our resources effectively.
Dealing with Complaints
On receipt of a complaint we will
generally visit the trader concerned and discuss
the problem. It is sometimes necessary to visit and
act as a consumer to try to replicate the situation.
In such circumstances the officers may not announce
themselves but proper authority would have been obtained
before the visit was made.
Advice and Assistance
South Tyneside Trading Standards are also strong supporters
of the LACORS home authority
principle which applies to businesses based in South
Tyneside but also trading outside that area. If you
have any queries or require any advice or assistance,
then we will do everything we can to help you, generally
free of charge. We also would deal with complaints and
requests from traders and there are many ways in which
we can assist you:
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Advice on legislation relevant to your business
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Dealing with complaints against other traders
or unfair competition
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Advice on how to deal with consumer problems
you may come up against
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Assistance in setting up systems to prevent
problems arising
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Encourage businesses to seek advice and
information from us and other agencies
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Range of free
advice leaflets available on this site
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The Investigation Process
The purpose of any investigation is to establish the
facts and whether all reasonable precautions to prevent
infringements have been taken by the business. The investigation
will be carried out impartially and the findings considered
fully to determine the appropriate action. Enforcement
actions, where necessary, will always be taken in accordance
with our enforcement
policy which is based on the principles of the enforcement
concordat published by the Cabinet Office. Further
details are available from us on request.
General Issues
Our staff will be fair, independent and objective.
They will not let any personal views about issues such
as ethnic or national origin, gender, religious beliefs,
political views or the sexual orientation of the suspect,
victim, witness or offender influence their decisions.
They will not be affected by improper or undue pressure
from any source. They will:
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Give
courteous and efficient service
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Identify themselves by name and produce identification
if requested
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Give clear simple advice
explaining what must be done and over what
time scale
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Minimise the cost of compliance proportionate
to the risk whenever possible
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Encourage businesses to seek advice and information
from us and other agencies
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Give reasonable time to comply unless immediate
action is necessary
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Advise all those involved when legal proceedings
are to take place
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Maintain confidentiality
Advise of the procedure for making
a complaint or representations when disputes cannot
be resolved. South Tyneside Trading Standards is a public
authority for the purposes of the Human Rights Act 1998.
Our staff will apply the principles of the European
Convention on Human Rights in accordance with the Act
and the provisions of the Regulation of Investigatory
Powers Act 2000.
The society of South Tyneside is culturally diverse
and this is reflected in the ownership of local businesses.
Many are owned by ethnic members of the community who
may be unable to read English, even if they speak it.
We realise that this may be a problem for some, particularly
when trying to understand complicated legal matters.
If this applies to you we will do all we can to ensure
that the information we supply is conveyed in a manner
that can be understood.
In the first instance, try to explain to the Officer
that you do not understand English. Try to get someone
to translate it on your behalf or to ask us to provide
this information in the language of your choice.
We offer many services which may be helpful to your
business, and would urge you to contact
us if you have any queries or require any advice
or assistance.
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