Latest tobacco survey published by CTSI Patterns of tobacco-related activity by trading standards teams have remained fundamentally unchanged in the past year. Illicit tobacco is still the most popular undertaking, while work on niche tobacco is carried out by less than half of councils. The results are revealed in CTSI’s latest Tobacco Control Survey, England 2014/15, which the institute has produced for the past 15 years. Originally a ‘paper’ survey that collected data only on underage sales activity, it has grown into a comprehensive collection of tobacco control data from English trading standards services, covering: illicit tobacco; advertising and display; reduced ignition propensity testing; e-cigarettes; underage sales; niche tobacco; and policies. Between April 2014 and March 2015, the report found that, of all the councils surveyed: l 94 per cent carried out activities related to illicit tobacco products l 91 per cent undertook activities related to underage sales l 67 per cent conducted electronic cigarettes activity l 45 per cent targeted niche tobacco supply Despite actions remaining largely unchanged for the past two years, councils did report an increase in the average number of complaints and enquiries received about illicit tobacco products. In 2013/14, the mean average per council was 23; in 2014-15, this rose to 29. When it comes to collaborative working, 95 per cent of councils said they work with key partners, citing public health teams within their own local authorities and the police as the most common partnerships. The survey had a 99 per cent response rate, with 150 out of 151 councils participating this year. This makes it an important tool for policy-makers at the Department of Health, providing them with evidence to support regulations such as: the prohibition of the sale of tobacco products from vending machines in 2010; increasing the age of sale of tobacco in 2007; and implementing the display regulations in 2012 and 2015. The survey is used by HM Revenue and Customs, charity Action on Smoking, and Public Health England. It is also used to help determine where trading standards services’ limited resources should be targeted. As this is an evolving survey, next year’s report is expected to include data on the sale of nicotine-inhaling products to young people. Point of law lands rogue with £4,000 fine West Sussex Trading Standards (WSTS) has secured a conviction against a man selling holidays without correct financial security in the event of insolvency. Mel Bouzad, 36, of Southlea Avenue in Bournemouth, was convicted at Chichester Magistrates’ Court earlier this year of contravening The Package Travel, Package Holidays and Package Tours Regulations Act 1992. The case followed a complaint from a Worthing man who had booked a £1,150 rally holiday in Europe through Bouzad’s London- registered business, Pure Rally. At the 11th hour, Bouzad tried to levy an extra charge of £285 on the customer, with the promise of a refund later in the year. The Worthing man could not pay and forfeited his holiday. When trading standards began investigating the complaint, it emerged that Bouzad did not have the necessary financial security in place to protect consumers when they were abroad on his holidays. Seeking advice, WSTS approached CTSI lead officer for holiday and travel law, Bruce Treloar, who was able to advise them to use Regulation 16 of the Package Travel Regs 1992, which covers insolvency protection. He was aware, through WSTS, that the defence would argue a ‘no case to answer’ based upon Regulation 3 of the PTR’s, but as these were only transitional provisions, they did not provide any defence. Treloar said: ‘West Sussex County Council’s trading standards department “laid an information” stating that a “rally company” had contravened regulation 16(1) of The PTRs, as they were unable to provide sufficient evidence of security for the refund of money paid over, and for the repatriation of the consumer in the event of insolvency when they received payment from the complainant of £250, contrary to regulation 16(3).’ As expected, during the trial, the defence alleged that there was no case to answer based on Regulation 3, which provides for interpretation of the Regulations and seems to state that 3(3) to Reg 16 only applies to contracts that ‘remain’ to be performed on the 31 December 1992. So, in essence, they were arguing: i) The requirement for protection didn’t apply as the rally wasn’t in existence in 1992 ii) Therefore it wasn’t ‘remaining’ to be performed Regulations 16 to 22 apply to contracts that, in whole or part, remain to be performed on 31 December 1992. This evidence was brought before Chichester Magistrates Court after a ‘no case to answer’ plea was entered. Bouzad was fined £4,000 by the court, ordered to pay £1,000 towards West Sussex County Council’s prosecution costs and ordered to pay a £100 victim surcharge. Even more with less? Despite the continued heavy cuts to trading standards service budgets, the government is still adding to officers’ duties. First, one of the clauses within the new Enterprise Bill will clarify, in law, what a statutory apprenticeship is – which the government has placed as a duty on trading standards. Funding is being created to support authorities, but – as it would potentially be spread across the country – CTSI fears it would not be enough to cover a fraction of a full-time-equivalent post in each authority. The institute has since suggested this be managed by a Home Authority scheme, so complaints can be dealt with by a single team. Second, the Energy Performance of Buildings (England and Wales) (Amendment) (No. 2) Regulations 2015 has been introduced to parliament via a mechanism that avoids debate. Trading standards is now expected to report on the uptake of Energy Performance Certificates. If it does not, there is the risk that the European Commission can issue fines. A motion of regret, tabled in the House of Lords by CTSI, sets out the institute’s concerns that – under the current budget pressure – this is an unwanted duty, drawing resources away from front-line services, and is poorly suited to the work trading standards does. Members with questions about these new duties can contact the policy team at policy@tsi.org.uk BIS backs trading standards The Department for Business, Innovation and Skills supported Bruce Treloar’s view. A spokesperson said: ‘We believe the purpose of Regulation 3 is quite clear: 1. It is to ensure the smooth introduction of a new regime to packages yet to be performed, BUT that had already been contracted for (that is, the sales process had been completed and contracts agreed) 2. AND to ensure that those packages were protected in respect of insolvency protection from 31 December 1992, because that is the date by which member states were required to implement the Directive 3. Finally, Regulations 3(2) and (3) are transitional provisions that no longer have any bearing on package sales’  Know your rights! Local authority trading standards services and organisations across the UK supported National Consumer Week in November, highlighting the changes in the Consumer Rights Act that individuals and businesses need to be aware of. The ‘Know Your New Rights’ campaign was launched online on 2 November, with Citizens Advice consumer experts joining the Money Saving Expert forum to answer questions from Twitter users about their rights. Through press releases, blogs and videos being shared online, the week-long campaign successfully reached 56 news outlets and more than 200 unique users engaging with CTSI’s content on social media. The hashtag #NCW15 was tweeted more than 539 times and #consumerrights 1,743 times. CTSI would like to thank all of the trading standards teams that showed their support during the week and shared the messages.