MES9901

ENVIRONMENTAL SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday 27 January 1999 at 9.00 a.m.

PRESENT

Mr Allan F Macleod (Vice Chairman) (in the chair)

Mrs Katie M Mackenzie

Mr Alasdair G Macrae

Mr Norman A Macdonald

Mr Norman L Macdonald

Mr Angus M Graham

Mr Iain Macsween

Mr Donald Murray

Mr Kenneth Mackay

Mr Roderick J Murray

Mr Colin Campbell

APOLOGIES

Mr Donald I Nicholson (Chairman)

MINUTES

Environmental Services

CH01.02

1

The Minute of Meeting of 18 December 1998 was approved.

Environmental Services Sub-Committee CH01.03

2

The Minute of Meeting of the Environmental Services Sub-Committee of 2 December 1998 was noted.

FINANCE

AEF Announcement, Policy Framework and Budget Strategy 1999/2000 PR110.03.25

3*

With reference to Item 110 of the Minute of Meeting of 16 November 1998, the Director of Finance submitted a Report regarding the final Aggregate External Finance (AEF) announcement and outlining a revised budget strategy for 1999-2000. Details of the AEF settlement were appended to the Report together with changes in grant aided expenditure. Comments on the effect of the AEF settlement, the 1998/99 budgetary performance and movements in reserves, balances and the contingency fund were outlined in the Report. Policy issues arising which required to be addressed by the Comhairle in the budgetary process were detailed in the Report.

It was agreed to note the Report, pending detailed consideration of the Revenue Estimates for 1999/2000 by the Finance Sub-Committee Working Party.

Arising out of consideration of this item it was agreed that the Chief Executive would:

(1) organise Meetings in Stornoway and Balivanich with NOSWA and the Scottish Office to discuss NOSWAs recently announced increases in charges for domestic and commercial water and sewerage services; and

(2) ask the Highlands and Islands Convention to consider this matter

It was unanimously agreed that, in accordance with the provisions of paragraph 17 of the Scheme of Administration, the Committee determine the above recommendation under delegated powers to allow the Meeting to be arranged as a matter of urgency

Growth and Savings Proposals for the 1999/2000 Budget: Revised PR110.03.25

4*

The Director of Finance submitted a Report detailing revised growth and savings proposals for consideration as part of the 1999/2000 budgetary process.

It was agreed to note the Report pending detailed consideration of the proposals by the Finance Sub-Committee Working Party.

Draft Annual Budget Book 1999/2000 PR110.03.25

5*

The Director of Finance submitted a Draft Budget Book for the financial year 1999/2000 detailing income and revenue expenditure budgeted for each of the Comhairle's services in the financial year 1 April 1999 to 31 March 2000.

It was agreed to note the Draft Budget Book 1999/2000, pending detailed consideration of the Revenue Estimates by the Finance Sub-Committee Working Party.

TRADING STANDARDS

The Provision of Consumer Advice

CH02.01

6*

With reference to item 91 of the Minute of Meeting of 18 November 1998 the Director of Environmental Services submitted a Report reviewing the Comhairle's Consumer Advice Service and the assistance provided by the Western Isles Citizens Advice Service. The Report indicated the category of complaints dealt with by WICAS and confirmed that alleged breaches of trading standards legislation or cases of a complex nature were always dealt with by the Comhairle. With more low level complaints being dealt with by WICAS it would be possible for the Comhairle to enhance the quality of work done in professionally demanding cases, promote consumer advice services, develop consumer awareness and undertake other mandatory enforcement activities.

It was agreed to recommend that:

(1) the Comhairle seeks to enhance and promote consumer advice as a frontline service within the resources available; and

(2) one of the key tasks for Environmental Services Department for 1999/2000 shall be to raise the profile of the Consumer Advice Service in order that the public be encouraged to seek professional advice when appropriate.

The Meat Products (Hygiene) Regulation 1994

CH02.05

7*

The Director of Environmental Services submitted a Report concerning the Meat Products (Hygiene) Regulations 1994 which apply to premises engaged in handling of meat products that were in turn distributed to shops prior to sale to the consumer. The Regulations did not apply to premises or persons who themselves supplied direct to the consumer. The Report detailed the main requirements of the Regulations and the implications for businesses in the Western Isles.

It was agreed to recommend that the Director of Corporate Services amend the Scheme of Delegation to enable the Director of Environmental Services to issue and revoke approval of premises to which the Meat Products (Hygiene) Regulation 1994 apply, as appropriate.

Arising from consideration of this item it was agreed that the Director of Environmental Services would submit a Report in respect of the problems of sheep scab in the Western Isles and outlining the Comhairle's role and duties in respect of animal health.

LICENSING

Revised Conditions for Late Hours Catering Licences

CH04.26

8*

With reference to item 4 of the Minute of Meeting of the Environmental Services Sub-Committee of 2 December 1998 the Director of Environmental Services submitted a Report concerning the hours of opening permitted on Friday and Saturday mornings by late hours catering licences.

Mr Donald Murray, seconded by Mrs Katie M Mackenzie, moved as a motion that the licence conditions for late hours catering be not revised.

Mr Norman A Macdonald, seconded by Mr Norman L Macdonald, moved as an amendment that licence conditions for late hours catering be revised to permit businesses holding a late hours catering licence to open until 2.00 a.m. on Friday and Saturday mornings.

On the matter being put to the vote there was found to be an equality of votes cast. The Chairman used his second and casting vote in favour of the amendment which became the finding of the Meeting and it was recommended accordingly.

Game Dealers Licence

CH04.28

9*

The Director of Environmental Services submitted a Report concerning an application by Safeway Stores for a Game Dealers Licence. The Game Act 1831 required anyone dealing in game to be licensed although a Game Dealers Licence was a separate requirement to the need for a Venison Dealers Licence. The Report indicated that, as the application was considered non-contentious, the licence had been granted for a fee of £20.00.

It was agreed to recommend that the:

(1) action taken by the Director of Environmental Services in granting a licence to Safeway Stores Plc for a licence to deal in game under the Game Act 1831 and charging £20.00 for the issuing of that licence be homologated; and

(2) Director of Corporate Services amend the Scheme of Delegation to enable the Director of Environmental Services to grant licences under the Game Act 1831 and to amend the fee annually in line with inflation.

Licensing of Mobile Food Vans

CH04.22

10*

With reference to item 78 of the Minute of Meeting of 30 September 1998 the Director of Environmental Services submitted a Report concerning proposals to cease to licence street traders whose principal business was the sale of food with the exception of those selling hot food. The Report indicated that no representations had been made to the Comhairle as a result of the proposals and the comments of the police were detailed.

It was agreed to recommend that the Comhairle cease to license street traders whose principal business, in the opinion of the Director of Environmental Services, was the sale of food, with the exception of those businesses selling hot, ready to eat food.

ENVIRONMENTAL HEALTH

Development of Phase 2 of Bennadrove Landfill Site

CH03.08.05

11*

The Director of Environmental Services submitted a Report detailing the design and specifications for Phase 2 of the development of Bennadrove Landfill Site. The proposals and estimated costings indicated that the phasing of the contract must be truncated to avoid the need for providing additional leachate treatment plant and the total project cost could possibly be £330k higher than previously estimated. The Report detailed the factors which had changed since the initial cost estimates were carried out.

It was agreed to recommend:

(1) the approval of the designs and specifications for Phase 2 of the Bennadrove Landfill Site as tabled at the Meeting; and

(2) that tenders be sought from contractors on the Comhairle's list of tenderers for civil engineering works in the £300k plus cost range for contracts in the Lewis and Harris area.

It was unanimously agreed that, in accordance with the provisions of paragraph 17 of the Scheme of Administration, the Committee determine the above recommendations on behalf of the Comhairle under delegated powers to allow the contract to be submitted to tender immediately to establish the cost of the works at the earliest date and maintain the potential for developing the site within time to meet the disposal needs.

Best Value in the Public Convenience Cleaning Service

CH03.07

12*

The Director of Environmental Services submitted a Report concerning the existing public convenience cleaning contract which would end on 31 March 1999. The Report indicated that the Comhairle's revised Best Value implementation plan identified that a full review of the public convenience service would be required to establish how best to prove Best Value. There was not enough time for this review to be carried out before the current contract expired and accordingly, the Comhairle could consider agreeing to extend the contract for a further year to allow time for the review to take place.

It was agreed to recommend that:

(1) the contract for the cleaning of public conveniences be exempt from the tendering provision contained in the Comhairle's Contract Regulations in terms of Contract Regulation 6(f) and an extension of the existing contract for cleaning of public conveniences for a period of one year be negotiated with the existing contractor, Ideal Cleaning Services Ltd, to enable a "Best Value" review to be carried out; and

(2) a fundamental review of the service be undertaken in 1999 in order to decide on the best method of establishing best value for the public convenience cleaning service.

Replacement of Bayhead Toilets

CH03.07.02

13*

The Director of Environmental Services submitted a Report indicating that the existing Bayhead public toilets had regular problems of vandalism and misuse. There was also an expressed public desire for the Bayhead toilets to be kept open longer during Summer months and on Sundays and, by re-siting the automatic public convenience, currently on the site of the new Arts Centre at Bayhead and shutting the existing toilets these issues would be addressed.

It was agreed to recommend that the Director of Environmental Services be authorised to:

(1) close the existing Bayhead toilets and replace them with the automatic public convenience currently sited in the Francis Street car park; and

(2) invite interest from Comhairle Departments and the public for the future use of the building and, if no interest was expressed within three months, to demolish the building.

Chemical Containers on Beaches

CH03.06

14*

The Director of Environmental Services submitted a Report detailing terms of reference for a Best Value Review for dealing with chemical incidents. The Report detailed the particular difficulties experienced with Highlands and Islands Fire Brigade which were highlighted during a recent incident where a chemical drum was washed up on a beach on Sandray.

It was agreed to recommend:

(1) approval of the terms of reference for the Best Value Review for dealing with chemical incidents; and

(2) that the Director of Environmental Services be authorised to make representations to the Highlands and Islands Fire Board expressing concern about the limitations of the service provided for dealing with chemical incidents in remote locations.

The Minch Forum DS40.06.33

15*

The Chief Executive submitted a Report detailing proposals to establish a new Minch Forum and to consider a request for funding that Forum. The Report indicated that a Working Group had investigated drawing up specific proposals for continuing the work of the Minch Forum in a reconstituted form and the proposals of the Working Group were detailed. The Working Group had suggested that at least eleven public sector bodies would require to part fund the Forum. It was estimated that the Forum, supported by a management group and two full time staff would have an annual cost of £105k.

It was agreed to recommend that the Comhairle agree to allocate funding of £10k for the estimated first year costs of the new Minch Forum on the basis of £5k from Development Services budget and £5k from the Environmental Services budget subject to provision being identified within the respective grow/save process for 1999/2000.

PERFORMANCE REVIEW

Outstanding Action PR33.01.12

16

The Director of Corporate Services submitted a Report detailing Reports outstanding arising from decisions of the Committee.

It was agreed to note the Report.

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PRESENT	Mr Allan F Macleod (Vice Chairman) (in the chair)
	Mrs Katie M Mackenzie	Mr Alasdair G Macrae
	Mr Norman A Macdonald	Mr Norman L Macdonald
	Mr Angus M Graham	Mr Iain Macsween
	Mr Donald Murray	Mr Kenneth Mackay
	Mr Roderick J Murray	Mr Colin Campbell

APOLOGIES	Mr Donald I Nicholson (Chairman)

		MINUTES
Environmental Services CH01.02	1	The Minute of Meeting of 18 December 1998 was approved.
Environmental Services Sub-Committee CH01.03	2	The Minute of Meeting of the Environmental Services Sub-Committee of 2 December 1998 was noted.
		FINANCE
AEF Announcement, Policy Framework and Budget Strategy 1999/2000 PR110.03.25	3*	With reference to Item 110 of the Minute of Meeting of 16 November 1998, the Director of Finance submitted a Report regarding the final Aggregate External Finance (AEF) announcement and outlining a revised budget strategy for 1999-2000. Details of the AEF settlement were appended to the Report together with changes in grant aided expenditure. Comments on the effect of the AEF settlement, the 1998/99 budgetary performance and movements in reserves, balances and the contingency fund were outlined in the Report. Policy issues arising which required to be addressed by the Comhairle in the budgetary process were detailed in the Report. It was agreed to note the Report, pending detailed consideration of the Revenue Estimates for 1999/2000 by the Finance Sub-Committee Working Party. Arising out of consideration of this item it was agreed that the Chief Executive would: (1) organise Meetings in Stornoway and Balivanich with NOSWA and the Scottish Office to discuss NOSWAs recently announced increases in charges for domestic and commercial water and sewerage services; and (2) ask the Highlands and Islands Convention to consider this matter
		It was unanimously agreed that, in accordance with the provisions of paragraph 17 of the Scheme of Administration, the Committee determine the above recommendation under delegated powers to allow the Meeting to be arranged as a matter of urgency
Growth and Savings Proposals for the 1999/2000 Budget: Revised PR110.03.25	4*	The Director of Finance submitted a Report detailing revised growth and savings proposals for consideration as part of the 1999/2000 budgetary process. It was agreed to note the Report pending detailed consideration of the proposals by the Finance Sub-Committee Working Party.
Draft Annual Budget Book 1999/2000 PR110.03.25	5*	The Director of Finance submitted a Draft Budget Book for the financial year 1999/2000 detailing income and revenue expenditure budgeted for each of the Comhairle's services in the financial year 1 April 1999 to 31 March 2000. It was agreed to note the Draft Budget Book 1999/2000, pending detailed consideration of the Revenue Estimates by the Finance Sub-Committee Working Party.
		TRADING STANDARDS
The Provision of Consumer Advice CH02.01	6*	With reference to item 91 of the Minute of Meeting of 18 November 1998 the Director of Environmental Services submitted a Report reviewing the Comhairle's Consumer Advice Service and the assistance provided by the Western Isles Citizens Advice Service. The Report indicated the category of complaints dealt with by WICAS and confirmed that alleged breaches of trading standards legislation or cases of a complex nature were always dealt with by the Comhairle. With more low level complaints being dealt with by WICAS it would be possible for the Comhairle to enhance the quality of work done in professionally demanding cases, promote consumer advice services, develop consumer awareness and undertake other mandatory enforcement activities. It was agreed to recommend that: (1) the Comhairle seeks to enhance and promote consumer advice as a frontline service within the resources available; and (2) one of the key tasks for Environmental Services Department for 1999/2000 shall be to raise the profile of the Consumer Advice Service in order that the public be encouraged to seek professional advice when appropriate.
The Meat Products (Hygiene) Regulation 1994 CH02.05	7*	The Director of Environmental Services submitted a Report concerning the Meat Products (Hygiene) Regulations 1994 which apply to premises engaged in handling of meat products that were in turn distributed to shops prior to sale to the consumer. The Regulations did not apply to premises or persons who themselves supplied direct to the consumer. The Report detailed the main requirements of the Regulations and the implications for businesses in the Western Isles. It was agreed to recommend that the Director of Corporate Services amend the Scheme of Delegation to enable the Director of Environmental Services to issue and revoke approval of premises to which the Meat Products (Hygiene) Regulation 1994 apply, as appropriate. Arising from consideration of this item it was agreed that the Director of Environmental Services would submit a Report in respect of the problems of sheep scab in the Western Isles and outlining the Comhairle's role and duties in respect of animal health.
		LICENSING
Revised Conditions for Late Hours Catering Licences CH04.26	8*	With reference to item 4 of the Minute of Meeting of the Environmental Services Sub-Committee of 2 December 1998 the Director of Environmental Services submitted a Report concerning the hours of opening permitted on Friday and Saturday mornings by late hours catering licences. Mr Donald Murray, seconded by Mrs Katie M Mackenzie, moved as a motion that the licence conditions for late hours catering be not revised. Mr Norman A Macdonald, seconded by Mr Norman L Macdonald, moved as an amendment that licence conditions for late hours catering be revised to permit businesses holding a late hours catering licence to open until 2.00 a.m. on Friday and Saturday mornings. On the matter being put to the vote there was found to be an equality of votes cast. The Chairman used his second and casting vote in favour of the amendment which became the finding of the Meeting and it was recommended accordingly.
Game Dealers Licence CH04.28	9*	The Director of Environmental Services submitted a Report concerning an application by Safeway Stores for a Game Dealers Licence. The Game Act 1831 required anyone dealing in game to be licensed although a Game Dealers Licence was a separate requirement to the need for a Venison Dealers Licence. The Report indicated that, as the application was considered non-contentious, the licence had been granted for a fee of £20.00. It was agreed to recommend that the: (1) action taken by the Director of Environmental Services in granting a licence to Safeway Stores Plc for a licence to deal in game under the Game Act 1831 and charging £20.00 for the issuing of that licence be homologated; and (2) Director of Corporate Services amend the Scheme of Delegation to enable the Director of Environmental Services to grant licences under the Game Act 1831 and to amend the fee annually in line with inflation.
Licensing of Mobile Food Vans CH04.22	10*	With reference to item 78 of the Minute of Meeting of 30 September 1998 the Director of Environmental Services submitted a Report concerning proposals to cease to licence street traders whose principal business was the sale of food with the exception of those selling hot food. The Report indicated that no representations had been made to the Comhairle as a result of the proposals and the comments of the police were detailed. It was agreed to recommend that the Comhairle cease to license street traders whose principal business, in the opinion of the Director of Environmental Services, was the sale of food, with the exception of those businesses selling hot, ready to eat food.
		ENVIRONMENTAL HEALTH
Development of Phase 2 of Bennadrove Landfill Site CH03.08.05	11*	The Director of Environmental Services submitted a Report detailing the design and specifications for Phase 2 of the development of Bennadrove Landfill Site. The proposals and estimated costings indicated that the phasing of the contract must be truncated to avoid the need for providing additional leachate treatment plant and the total project cost could possibly be £330k higher than previously estimated. The Report detailed the factors which had changed since the initial cost estimates were carried out.
		It was agreed to recommend: (1) the approval of the designs and specifications for Phase 2 of the Bennadrove Landfill Site as tabled at the Meeting; and (2) that tenders be sought from contractors on the Comhairle's list of tenderers for civil engineering works in the £300k plus cost range for contracts in the Lewis and Harris area. It was unanimously agreed that, in accordance with the provisions of paragraph 17 of the Scheme of Administration, the Committee determine the above recommendations on behalf of the Comhairle under delegated powers to allow the contract to be submitted to tender immediately to establish the cost of the works at the earliest date and maintain the potential for developing the site within time to meet the disposal needs.
Best Value in the Public Convenience Cleaning Service CH03.07	12*	The Director of Environmental Services submitted a Report concerning the existing public convenience cleaning contract which would end on 31 March 1999. The Report indicated that the Comhairle's revised Best Value implementation plan identified that a full review of the public convenience service would be required to establish how best to prove Best Value. There was not enough time for this review to be carried out before the current contract expired and accordingly, the Comhairle could consider agreeing to extend the contract for a further year to allow time for the review to take place. It was agreed to recommend that: (1) the contract for the cleaning of public conveniences be exempt from the tendering provision contained in the Comhairle's Contract Regulations in terms of Contract Regulation 6(f) and an extension of the existing contract for cleaning of public conveniences for a period of one year be negotiated with the existing contractor, Ideal Cleaning Services Ltd, to enable a "Best Value" review to be carried out; and (2) a fundamental review of the service be undertaken in 1999 in order to decide on the best method of establishing best value for the public convenience cleaning service.
Replacement of Bayhead Toilets CH03.07.02	13*	The Director of Environmental Services submitted a Report indicating that the existing Bayhead public toilets had regular problems of vandalism and misuse. There was also an expressed public desire for the Bayhead toilets to be kept open longer during Summer months and on Sundays and, by re-siting the automatic public convenience, currently on the site of the new Arts Centre at Bayhead and shutting the existing toilets these issues would be addressed. It was agreed to recommend that the Director of Environmental Services be authorised to: (1) close the existing Bayhead toilets and replace them with the automatic public convenience currently sited in the Francis Street car park; and (2) invite interest from Comhairle Departments and the public for the future use of the building and, if no interest was expressed within three months, to demolish the building.
Chemical Containers on Beaches CH03.06	14*	The Director of Environmental Services submitted a Report detailing terms of reference for a Best Value Review for dealing with chemical incidents. The Report detailed the particular difficulties experienced with Highlands and Islands Fire Brigade which were highlighted during a recent incident where a chemical drum was washed up on a beach on Sandray.
		It was agreed to recommend: (1) approval of the terms of reference for the Best Value Review for dealing with chemical incidents; and (2) that the Director of Environmental Services be authorised to make representations to the Highlands and Islands Fire Board expressing concern about the limitations of the service provided for dealing with chemical incidents in remote locations.
The Minch Forum DS40.06.33	15*	The Chief Executive submitted a Report detailing proposals to establish a new Minch Forum and to consider a request for funding that Forum. The Report indicated that a Working Group had investigated drawing up specific proposals for continuing the work of the Minch Forum in a reconstituted form and the proposals of the Working Group were detailed. The Working Group had suggested that at least eleven public sector bodies would require to part fund the Forum. It was estimated that the Forum, supported by a management group and two full time staff would have an annual cost of £105k. It was agreed to recommend that the Comhairle agree to allocate funding of £10k for the estimated first year costs of the new Minch Forum on the basis of £5k from Development Services budget and £5k from the Environmental Services budget subject to provision being identified within the respective grow/save process for 1999/2000.
		PERFORMANCE REVIEW
Outstanding Action PR33.01.12	16	The Director of Corporate Services submitted a Report detailing Reports outstanding arising from decisions of the Committee. It was agreed to note the Report.
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