The purpose of this report is to update Members formally on the actions and improvements undertaken by the Environmental Health and Trading Standards Service in response to the KPMG audit report.

Further to minute 56 of 15 March 2013, the Head of Consumer and Business Protection presented his report which updated the Committee on the actions and improvements undertaken by the Environmental Health and Trading Standards Service in response to the KPMG audit report dated 2012 (Ref 104/2012-13), regarding implementation of the Food Standards Agency (FSA) Food Law Code of Practice (England) (April 2012), in relation to undertaking Food Hygiene Inspections.

A summary of progress against the nine key recommendations of the internal audit report was provided.  Attention was drawn to paragraph 10.4 of the report, where it was reported that the work plan was risk based and current resourcing issues had led to the decision to accept that the Code of Practice could not be met and, therefore, the service had to target resource accordingly.  It was noted that the Regulatory Committee had been informed of this decision and a report outlining the revised Food Hygiene Inspection programme for 2013/14 and the risks associated with not complying with the Code of Practice would be presented to the Regulatory Committee at its next meeting.  It was also noted that quarterly reports would be provided to the Regulatory Committee to inform Members of progress against meeting the agreed inspection programme and any deviations from it.

The Head of Consumer and Business Protection anticipated that the majority of the audit recommendations would be addressed by the end of May 2013, albeit the Regulatory Committee would not meet until 25 June 2013, and the Corporate Assurance Grading could be reviewed subsequently.

In response to questions from the Committee, the Head of Consumer and Business Protection advised that:

1.       This report had been prepared as a formal written response to the Internal Audit report, not as a result of an FSA audit.

2.       It was acknowledged that, whilst inspections had been undertaken by staff, record keeping and monitoring by management had required revision and improvements.  It was commented that the service had worked to ISO 9001 standards in previous years but certification had lapsed due to budgetary pressures.

3.       Local authorities had statutory obligations under the Code of Practice and the FSA had powers to intervene and take over functions if necessary.  It was noted that many local authorities did not achieve full compliance with the code.  In view of the resource constraints, with significant further savings required during 2013/14, the service had focussed on higher risk premises, supported by random sampling of lower risk premises.

4.       The need to enhance reporting to the Regulatory Committee had been identified by the internal audit report.  The Head of Internal Audit said that many services faced resourcing difficulties and it was essential that there was transparency about decision making, with Members properly briefed.

RESOLVED:  That

(a)     The report be noted; and

(b)     The actions proposed in order to raise the Corporate Assurance Grading with respect to adherence to the FSA’s Food Law Code of Practice (England) (April 2012) be supported and endorsed.

(Note: During the Annual Fee 2013/14 item, there was a further discussion about matters arising from the Internal Audit 2012/13, Food Hygiene item as summarised below.)

A Committee Member acknowledged that other local authorities had difficulties fulfilling the requirements of the Code of Practice but he was concerned that this Council should not necessarily accept non-compliance as the routine position.  The Vice-Chairman noted that the Regulatory Committee was responsible for the use of the Council’s regulatory powers and the carrying out of the Council’s regulatory duties.  He also noted that Internal Audit would review Food Licensing during 2013/14 to ensure that the recommendations had been implemented.

In response to further comments from Committee Members, the Head of Internal Audit said that the report to the Regulatory Committee provided an opportunity to consider performance, debate the isues, and consider different models of working.  Councillor A Seldon commented that there might be a role for the General Overview and Scrutiny Committee to consider the scope to combine back office support with other authorities to deliver cost effective regulatory and planning functions.

A Committee Member commented on the importance of food production to the local economy and the need to mitigate potential risks to food quality and safety.