• Our Quality of Service Statement
• Our Enforcement Policy - please find below our current Corporate Policy on Enforcement
• Inspection Methodology
• Comprehensive Equality Policy

Quality Statement Trading Standards Service

The Trading Standards Service’s mission is to promote the social, economic and environmental wellbeing of Westminster’s customers by enforcing over 50 pieces of primary criminal legislation, and giving appropriate civil advice.

We consider our customers to be residents and traders of Westminster, all those who visit Westminster and other agencies and organisations who are engaged in or who impact on the area of consumer protection.

Other key stakeholders are our staff. They are the most valued resource that the Service possesses. The Service not only aims to ensure staff are competent, well trained and motivated, it also seeks to involve them in the methodology and delivery of the Service.

We actively consult with these customers to ensure their needs are identified and met where possible, and constantly seek ways to continuously improve our Service through the operation of the Quality Management System (QMS).

The QMS incorporates approved processes which act as a framework for establishing and reviewing our objectives, and currently meets the requirements of ISO9001:2000

Sue Jones
Operations Manager, Trading Standards
January 2007

The Quality Management System currently meets the requirements of ISO 9001: 2000 and is independently certified as such by the British Standards Institute.

Westminster City Council's Corporate Policy on Enforcement

Introduction

This policy is an “umbrella” policy and is intended to apply to all service areas, though it should be noted that various additional service-specific requirements apply to specific enforcement activities in certain services, i.e. Health and Safety, Food Safety, Trading Standards, Licensing. Information on these may be obtained from the Director’s office of the relevant department.

The purpose of this policy is to publicly summarise the City Council’s intended approach to bring about compliance with regulatory requirements. However, it is, ultimately, the responsibility of individuals and business to comply with the law.

The City Council shares the Government’s view that effective and well-targeted regulation is essential in promoting fairness and protection from harm and that as regulators we should adopt a positive and proactive approach towards ensuring compliance by:

helping and encouraging regulated entities to understand and meet regulatory requirements more easily; and responding proportionately to regulatory breaches.

The City Council will take a soft brush approach to those who comply with regulatory requirements and those who work with us to achieve compliance. However, we will not hesitate to take all necessary enforcement action against those who, e.g. commit serious breaches, flout the law, refuse to work with us to seek compliance, commit offences which are prevalent in the City of Westminster.

The City Council has set out its strategic aims and objectives and our enforcement services will carry out their duties in support of these. These aims and objectives are set out in:

• Council and Cabinet policy and strategic decisions
• the City Plan, which reflects the partnership approach and activities to improve the quality of life and wellbeing in Westminster
• relevant Council initiatives that apply from time to time, e.g. at the present time the Council is pursuing the One City Programme
• the service-specific service plans and inspection polices, which reflect the above priorities and the core enforcement activities for each service
• The Council’s aims and objectives have been drawn up in consultation with the public. Details of the consultation are available from the Policy and Communications department on the Council’s website www.westminster.gov.uk

Compliance

A range of activities will be undertaken to ensure compliance with legislation. Advice and guidance will be provided; proportionate, programmed and intelligence led inspections will be undertaken and where necessary, inspections will be undertaken in response to complaints from third parties. Some enforcement services will also have officers patrolling the streets.

Where non-compliance is discovered, options to promote/seek compliance will include:

• undertaking pro-active education programmes
• explaining legal requirements and, where appropriate, the means to achieve compliance
• providing an opportunity to discuss points in issue where appropriate
• consideration of alternative means and reasonable timescales and to achieve compliance
• service of advisory letters, warnings, statutory notices or prohibitions detailing non-compliance
• enforcement actions including, but not limited to, formal caution, seizure of documents or goods, closure of premises, caution, prosecution and/or injunction

Immediate, without notice, enforcement action may be taken, but only where deemed necessary, reasonable and proportionate.

Enforcement actions

The decision to use enforcement action will be taken on a case by case basis and, to ensure consistency of approach, in accordance with this and any other more specific policies which may be applicable. The action taken, which may be immediate, will be proportionate to the gravity and nature of the non-compliance. Factors that will be taken into consideration include, but are not limited to:

• the risk that the non-compliance poses to the safety, health or economic welfare of the public at large or to individuals
• evidence that suggests that there was pre-meditation in the commission of an offence
• the alleged offence involved a failure to comply in full or in part with the requirements of a statutory notice or order
• there is a history of previous warnings or the commission of similar offences
• aggravated circumstances such as obstruction of an officer or aggressive behaviour towards the public
• the offence, although not serious itself, is widespread in the area where it is committed
• death was a result of a breach of legislation
• the gravity of an alleged offence, taken together with the seriousness of any actual or potential harm
• the general record and approach of the offender
• there has been reckless disregard of health and safety requirements
• there has been a repetition of a breach that was subject to a formal caution
• false information has been supplied wilfully, or there has been an intent to deceive

Legal and Policy context

Enforcement actions are taken within the context of a legal and policy framework. Council enforcement services will carry out their enforcement-related work with due regard to the Enforcement Concordat. This Concordat arises from a central government initiative and was adopted by the City Council in December 1998. The Concordat lays out the principles of good enforcement. These are:

• publishing clear standards, setting out the level of service and performance that the public and businesses can expect to receive
• dealing with the public and the business in an open an honest way
• providing a courteous, efficient and helpful service
• responding promptly and positively to complaints about the service
• ensuring that enforcement action is proportionate to the risks to the public
• carrying out duties in a fair, equitable and consistent manner

A full version of the Enforcement Concordat may be obtained by email dave.greenway@sbs.gsi.gov.uk or telephone on 020 7215 4350.

In approving this enforcement policy and when setting service-specific enforcement requirements, in respect of those local authorities’ functions specified in Part 3 of the Schedule to the Legislative and Regulatory Reform (Regulated Functions) Order 2007, the City Council had, and will continue to have, regard to the statutory Regulators’ Compliance Code, issued by the Minister of State for the Department for Business, Enterprise and Regulatory Reform under section 22(1) of the Legislative and Regulatory Reform Act 2006. This will also apply to any further functions to which he said code might be applied.

Service-specific risk-rated inspection policies will be set, in respect of those functions which are considered deserving of co-ordinated monitoring.

Any decision to prosecute will be taken in accordance with the Code for Crown Prosecutors. A full copy of the code is available from:

The Crown Prosecution Service London
50 Ludgate Hill
London
EC4M 7EX
Tel: 020 7796 8000
Website:http://www.cps.gov.uk/Home/CodeForCrownProsecutors

Enforcement decisions and actions will be made with due regard to the provisions of:

• the Human Rights Act
• the Crime and Disorder Act
• equal rights and anti-discrimination legislation
• service-specific legislation
• all other relevant legislation applicable from time to time

Information concerning non-compliance may be shared with other enforcement agencies. Any such action will only be undertaken in the public interest and in compliance with the Data Protection Act 1998.

Authorisation of Officers

Only officers who are competent by training, qualification and/or experience will be authorised to take enforcement action. Officers will also have sufficient training and understanding of this enforcement policy to ensure a consistent approach to their duties. Officers are required to show their written authorisation on demand.

Status and Review

This policy was endorsed and adopted by the City Council’s Cabinet on xxxxx 2008.

This is a public document. Further copies of this and associated documents can be obtained from:

The Director's Office
Legal & Administrative Services
15th Floor City Hall
Victoria Street
London SWI 6 QP
Tel: 020 7641 2718
e-mail: gblackwell@westminster.co.uk

Complaints concerning the application of this enforcement policy are dealt with in accordance with the Council’s customer complaints procedure. Details of the procedure are available from the enforcing service department, or One Stop Services, telephone: 020 7641 7777, minicom number 020 7641 3107, or www.westminster.gov.uk/yourcouncil/makingacomplaint/index.cfm

City of Westminster Trading Standards Service Inspection Methodology

This Inspection Methodology covers the way the Trading Standards Service deals with physical visits by officers to regulated entities, to check compliance with any trading standards related legislation.

Trading Standards Inspection Methodology

This methodology should be read with the Council’s Corporate Policy on Enforcement, which has regard to the Regulators’ Compliance Code.

Trading Standards will undertake inspections and other visits to regulated entities as part of its “enforcement and advice toolkit”, to support businesses seeking to comply with the law, protect consumers & the community and disrupt and stop those that trade dishonestly, fraudulently or negligently.

This methodology states how the Trading Standards Service will use these activities to achieve its aims.

Inspections & other visits

For the purposes of this methodology:

an “inspection” is a physical visit by a member of the Trading Standards Service to the premises of a regulated entity to check compliance with any trading standards related legislation. This can include a visit to the premises of a regulated entity in response to a complaint or enquiry from a member of the public

a “comprehensive inspection” is one in which a regulated business is checked for compliance against all relevant Trading Standards related legislation

an “other visit” to the premises of a regulated entity can include:

• visits made for the purpose of a procurement, purchase and test or analysis of any goods or services
• advice/ publicity visits in relation to new or amended legislation

The Trading Standards Service will follow an intelligence-led, risk-based, proportionate, targeted and flexible approach to regulatory inspection, that fulfils the statutory duties placed on Westminster City Council and where relevant, will have regard to the risk-assessment schemes and other official guidance promoted or issued by local & central government, national regulators & sponsoring departments and professional bodies.

As part of our efforts to build trust and relationships with Westminster’s major businesses, each year the Trading Standards Service will undertake at least one comprehensive inspection at the premises of:

• any trader designated a “high risk” business under the LACORS national business risk assessment scheme.

As part of our commitment to minimise the burdens of regulation on legitimate businesses in Westminster, the Trading Standards Service will not undertake inspections or visits at the premises of regulated entities in Westminster unless:

• the Trading Standards Service has information or intelligence (including complaints or intelligence from members of the public) about that business, the trade sector in which it operates, or the products that the business or trade sector supplies, or
• the inspection or visit is part of a targeted, intelligence-led, compliance/ enforcement project, or
• the business is likely to be or has been affected by new or amended Trading Standards related legislation, and the visit’s purpose is to advise on or publicise this legislation, or
• the business’s activities, products or services are covered by health & safety or product safety legislation enforced by the Trading Standards Service (for example, supply of fireworks or import of goods from outside the EU), or
• the businesses has recently been added to the Trading Standards Business Register and a Team Leader from the Reactive Team has selected it for a “New Trader” advisory visit,
• and an inspection or visit is an appropriate enforcement activity which contributes to achieving compliance with Trading Standards related legislation.

Wherever possible, the Trading Standards Service will co-ordinate its inspection programme and activities with other regulators to better use public sector resources and minimise the burdens on legitimate businesses in Westminster as a result of regulatory activity.

This methodology is effective from the 6th April 2008 and will be reviewed by the Trading Standards Management Team at least once every 12 months.

This document will be made available at:www.tradingstandards.gov.uk/westminster.

City of Westminster Comprehensive Equality Policy

Westminster is a diverse and multi-racial City, which is swelled each day with over 1.1 million people working and visiting the City on a daily basis. 27% of the population is from the Black and Minority Ethnic communities, of whom young people account for nearly 44% of the total. Over 50% of Westminster residents in 2001 were born outside of the UK; and over 150 languages are spoken across Westminster schools.

In Westminster one household in four is home to at least one person with a disability. As well as the 27,000 residents who are covered by the Disability Discrimination Act 1995, there will be many visitors and workers who may find that, in Westminster, they are faced with barriers that are related to their impairment.

The City Council's role as a service provider, employer and civic leader, places it in a unique position to work actively towards eliminating unlawful discrimination and positively contributing towards the removal of obstacles to people's self advancement. We aim to provide our services equitably to Westminster's diverse community and to employ a workforce that reflects the communities we serve. We will strive to continuously improve equality practice throughout the Authority.

At the heart of our policy is a commitment to valuing diversity, treating people with dignity and respect, eliminating discrimination and promoting community cohesion. We are committed to eliminating discrimination on the grounds of:

• Gender
• Disability
• Race
• Colour
• Ethnic or national origin
• Faith
• Sexual orientation

If you want to find out more about what Westminster Council is doing on equalities or wish to see the complete policy document, please click here.