AUTUMN 2018 ROUND-UP Get your head around HMO changes ROUND-UP Houses in multiple occupation (HMOs) are properties within the private-rented sector that accommodate a large number of unrelated people under tenancies. (England) Order 2018. From 1 October, the three or more storeys clause will be removed so a property can be deemed to be a HMO even if it is built on just one level. There are two types of a HMO nonlicensable and licensable. A HMO containing five or more people forming two or more households is licensable. A household consists of people who are related; for example, if two separate families live in the same property, this is two households. Local authorities are preparing for a significant number of new applications for licences because of this change, and those in the West Midlands have updated their application forms. A HMO must comply with the standards required by a local authority and set in various guidance documents. Currently, a HMO is defined as: n Containing three or more people (five or more to be licensable) n Having two or more households nHaving three or more storeys The definition is set to change, however, under the Licensing of Houses in Multiple Occupation (Prescribed Description) Until 1 October 2018, local enforcement authorities will allow owners of properties to make applications in preparing for this date. After this date, any property found to be a HMO and which is not licensed will be open to enforcement action, including prosecution and civil penalties. Those responsible can be fined up to 30,000 per oence. Credit: Leanne Orton, environmental case ocer iStock.com /ablokhin Play safe with fireworks If you are planning to sell fireworks, you have to protect the safety of your sta and customers, and comply with the law. It is a criminal oence to store explosives in premises that have not been licensed by an inspector. A licence can be refused if you are not deemed to be a fit person to hold one; if the site is unsuitable for storing explosives; or if there are not adequate fire and safety measures on site You must do a risk assessment, which means thinking about what might cause harm to people and deciding whether you have taken reasonable steps to prevent that harm. The main questions you must ask yourself are: t )PXDPVMEBmSFTUBSU t )PXDPVMEJUTQSFBE t 8IBUEP*OFFEUPEPUPQSPUFDUQFPQMFJG UIFSFJTBmSF You must take action to prevent a fire starting, stop it spreading, and to protect people in the event of a fire. The risk assessment is about taking commonsense precautions. For example, a fire could be started by a cigarette, so you will need to stop people smoking anywhere near the fireworks. A checklist to help you carry out your risk assessment is available on the HSE website. There is also a leaflet with a helpful list of dos and donts for duty holders, as well as a clear explanation of what action to take and why. Credit: Tony Shore, Trading Standards ocer iStock.com /AdrianHancu Licensing authorities In the metropolitan counties West Midlands, Merseyside, Greater Manchester, Tyne and Wear, South Yorkshire and West Yorkshire the fire service is responsible for licensing and enforcing regulations on firework storage. It is also responsible for licensing the sale of fireworks. Elsewhere, the licensing and enforcement authority is usually Trading Standards, which is also responsible for enforcing regulations on consumer safety and age of purchase in all areas. So contact your local Trading Standards department or licensing authority for advice and assistance. Product recalls: are you prepared? If you manufacture, import, distribute or sell non-food goods in the UK, you must have a system in place for if a product becomes unsafe and needs to be recalled from the market. How detailed this system needs to be will depend on where you sit within the distribution chain. Manufacturers, as you would expect, have the most responsibility. To help businesses develop such a system, the Oce for Product Safety has commissioned PAS 7100:2018, a government-backed Code of Practice for industry and the enforcement community for safety recalls of non-food consumer products. ROUND-UP The code was written with input from a number of parties, including retailers, consumer interest groups and industry bodies, and is intended to reinforce the UKs product-safety regime. Scott Steedman, director of standards at BSI, said: Public interest in product safety is higher than it has ever been. While consumer products generally perform without problems, there are times when they become faulty and require a repair or recall. The Code of Practice was created to ensure corrective action by manufacturers is taken in a safe and systematic way. The launch of this guidance is an important step in ensuring even higher levels of product safety. PAS 7100:2018 Code of practice on consumer product safety-related recalls and other corrective actions is available to buy from the BSI website. Credit: Sarah Noonan, Trading Standards ocer iStock.com /Bet_Noire The responsibilities and actions expected of manufacturers, importers and distributors are outlined in the first section of the code, which covers: nHow a business can plan for a recall, including establishing systems and procedures to deal with any productsafety issues nManaging a safety-related product recall or other corrective action nEstablishing systems and procedures to monitor the safety of products nInvestigating any potential productsafety issues nReviewing corrective action programmes to ensure product-safety responsibilities continue to be met. The second part of the code focuses on the role of local authority Trading Standards Services, which will be able to give businesses more sector-specific advice on how to implement the code. For further information, please contact your local Trading Standards Service