Agenda item

Trading Standards including Vaping Safeguarding Concerns

Presentation on behalf of the Cabinet Member for Communities and Culture

Minutes:

[Catherine Mann, Interim Assistant Director for Culture, Rural and Safer Communities and Trish Caldwell, County Commissioner for Regulatory Services and Community Safety in attendance for this item]

 

The Cabinet Member for Communities and Culture introduced a presentation on the work of Trading Standards, explaining the varied nature of their work. Specific issues being considered at this meeting were around their work safeguarding vulnerable adults and safeguarding concerns of vaping when targeted at children.

 

Vulnerable adults were targeted through a range of scams, with the impact of these being much broader than financial loss, effecting health, wellbeing, family, loss of confidence and increased anxiety. Scams were any uninvited contact and could be via letter, telephone, cybercrime, and doorstep crimes. One in four of those who fell victim to a scam were likely to be repeat victims and studies showed that victims’ names were shared with other scammers. Older scam victims were shown to be 2.4 times more likely to move to assisted or supported living arrangements as a result.

 

Only between 10-20% of incidents were reported according to the Crime Survey. In the first 5 months of 2021, 36 million people had been targeted by a scam, with those over 55 most likely to be targeted via the telephone.

 

The City London Police managed Action Fraud, which was the Government funded body responsible for handling reports of fraud nationally. Action Fraud figures reported 342,000 scams in the last 13 months with £2billion worth of losses. The average age of victims had been 75years. In the same period to October 2023 Staffordshire Action Fraud data showed 5910 incidents of fraud or cybercrime, resulting in approximately £20million lost.

 

Local Trading Standards dealt with criminal activity and calculated that the amount they saved for Staffordshire consumers from scam frauds was £4.7 million. Members were urged to sign up to become scam champions to support this work.

 

Part of Trading Standards work to support vulnerable adults was through the installation of call blockers, which blocked recorded telephone messages and any numbers that were not pre-identified. Evidence showed that they were successful in blocking up to 95% of nuisance calls. Referrals for these products were made by GPs, voluntary agencies, social care and other partners. Trading Standards installed the blockers on a free loan basis. 208 call blocker installations had been made so far, with an estimated potential £118,000 fraud prevention as a result. Members heard details of a case study which highlighted the incredibly positive impact a call blocker installation could have.

 

Members asked how prevention work against scams could more effectively be shared. Partner organisations and community groups such as neighbourhood watch schemes should already be aware of this work. The Friends against scams initiative, becoming a scam Champion or scam Marshall, were all ways for individuals to highlight the issue in their locality. Links to a website detailing these initiatives, which also included helpful information around avoiding and identifying scams, could be found on the County Council website.

 

 

With regard to vaping the Committee heard that Trading Standards used intelligence to prioritise their work, targeting illicit tobacco products including counterfeiting. Members heard there were clear links to organised crime gangs and Trading Standards worked closely with the Police and HMRC on these issues, including non-compliance and selling to children.

 

Where an individual was trying to stop smoking, vaping was an effective tool. However, for individuals who had never smoked, and particularly for children, vaping was dangerous, resulting from their nicotine content and other unknown potential long-term impacts. The number of children using vapes had tripled in last 3 years and evidence showed that 20% of children had tried vaping in 2023.

 

Encouraging children to use a product designed for adults was unacceptable. There had been an increase in the number of products that were clearly designed to attract children through their colour, flavour and use of language.

 

It was important to have a strong enforcement approach and Members heard that in 2022-23 National Trading Standards evidenced that 27% of 1000 test purchases resulted in illegal sales. Within Staffordshire, of 76 test purchases there had been a 9% failure where vaping illicit products were sold to children.

 

In Staffordshire 52000 illicit cigarettes had been seized to date, with a value of almost £50,000. 115,000 illicit vapes had also been seized this year to date. The impact of seized products on a premises was significant in lost sales.

 

The Government had made £3million investment to National Trading Standards to manage this issue. The Government investment in enforcement funding would go to the Boarder Force & HMRC, however some of this funding may indirectly support work within Staffordshire through joint projects with HMRC. New track and trace systems run by HMRC were being introduced and these would enable local trading standards to report concerns through an app where illicit vapes and tobacco were found. HMRC then take enforcement action, which could include the loss of a shops licence to sell tobacco products. Once operational this will provide an alternative enforcement route for trading standards teams.

 

Members queried why shops remained open where offences had taken place. In some instances, court delays created difficulties. Work was also being explored with district and borough councils on closure orders for persistent offenders.

 

A confidential hotline existed where concerns around non-compliance could be reported. Members asked how this resource could be made more widely known. Work was ongoing to improve this, including through local libraries.

 

Members asked whether work was undertaken to target the suppliers of these illicit products. This work was undertaken and led by the Police at a local and regional level. Once the level of the criminality was identified, the investigation would be undertaken by HMRC and/or the Police as appropriate.

 

Members asked for further enforcement data on the work of Trading Standards, including per year the:

a)   number of test purchases

b)   number of enforcements

c)   number of prosecutions

d)   the percentage of successful prosecutions

Members also queried whether the enforcement policy on the County’s website was current. The policy would be checked and updated if necessary. The requested enforcement data was available and could be forwarded to Members after the meeting.

 

The Committee raised concerns over vaping shops being positioned near schools and colleges. Planning legislation allowed for constraints to be placed on fast food premises and Members felt this approach should be mirrored for premises selling vapes. The Cabinet Support Member for Public Health and Integrated Care suggested that district and borough planning considerations could address this through their Health in all Policies, embedding these restrictions in their local plans. The Committee suggested that a letter should be sent to all planning committee chairs in Staffordshire highlighting the impact of vaping and seeking their support for these restrictions. They further suggested that the letter should be sent jointly from the Chairman and the Portfolio Holder.

 

Resolved: That the work of Staffordshire Trading Standards be supported and that:

a)   enforcement data for Staffordshire Trading Standards be forwarded to the Committee;

b)   the Chairman and Portfolio Holder write to the chairs of the eight district and borough planning committees raising the issue of vaping, and seeking their consideration to include planning restrictions through their Health in all Policies to prevent Vaping premises being positioned near schools and colleges; and

c)   members consider becoming scam champions.

Supporting documents: