eResponse joins winning team with football initiative

Doncaster Rovers Football ClubeResponse has teamed up with Doncaster Rovers Football Club to help unemployed locals get back on their feet.

The partnership, part of an initiative called Club Doncaster Foundation, will see 600 training places made available to unemployed people in the Doncaster region by eResponse, which is a HABC Approved Centre.

Club Doncaster FoundationThe Club Doncaster Foundation is a not-for-profit, self-funding registered charity and community organisation. Since becoming a registered charity and reforming as a sports and education foundation, Club Doncaster has worked alongside several partners to focus on sports participation, disability sport and inclusion, health and wellbeing, education and social inclusion in the borough.

Paul Alekna, Managing Director at eResponse, said, ‘Club Doncaster is very well integrated with the local community and its achievements are impressive. We are very proud of our association and look forward to developing our partnership over the years to come’.

Licensing legislation update from HABC/WoodsWhur

WoodsWhur bannerTo bring you the latest updates and changes to alcohol licensing in the UK, Highfield has teamed up with WoodsWhur – one of the country’s leading legal practices in the field.

These updates will provide you with the information and knowledge you need to stay on top of the law and keep you and your staff informed.

Gambling (Licensing and Advertising) BillRoulette wheel
WoodsWhur has recently met with the Gambling Commission both on behalf of individual clients and generally as part of a work in practice group to look at how the preparations are getting on for the introduction of the Gambling (Licensing and Advertising) Bill.  

 

 

Gradient signAre the stats on reduced crime linked to alcohol consumption a reliable Indicator?
We have seen published research which claims a decline in binge drinking and the rising price of alcohol is behind a dramatic 12% fall in the number of people injured in serious violence across England and Wales last year.  

 

 

 

Cameron kick starts the World CupWorld Cup
The government has listened to the views received in response to its consultation and has decided to relax licensing hours in England for England’s World Cup matches.  The relaxation will apply in England during England matches in the World Cup with a scheduled kick off time of 8.00pm or later.  

 

 

LapdancingLap dancing operators lose judicial challenge against Leeds City Council
The High Court has handed down its judgement in the case of The Queen (on the application of Bean Leisure Trading A Limited) and Leeds City Council and between The Queen (on the application of Ruby May (1) Limited) and Leeds City Council [2014] EWHC 878 (Admin).  

 

 

JusticeHigh Court rules that procedural defects do not necessarily invalidate review proceedings
On 18 February 2014 the High Court ruled in the case concerning Funky Mojoe, that procedural defects do not automatically render Licensing Review proceedings invalid.

Funky Mojoe is a nightclub in Essex which apparently was well publicised in ‘The Only Way is Essex’ television series and at a review hearing before the London Borough of Redbridge, in April 2013, the terminal hour at the premises was reduced to midnight.

The review application was brought by the licensing authority in January 2013 and a blue notice advertising the review was displayed at the premises pursuant to regulation 38 and 39 of the Licensing Act 2003 (Premises Licences and Club Premises Certificates) Regulations 2005

Health and safety news from HABC/Nabarro

Nabarro bannerHABC has partnered with Nabarro to bring you quarterly updates and health and safety news that is relevant to your business.

Nabarro is one of the UK’s best known and most trusted commercial law firms, and specialises in providing no-nonsense and practical advice in plain English from its team of experts.

hse_logoThe HSE is currently revising the CDM Regulations with the aim of simplifying and improving standards for small construction sites…
The changes proposed by the Health and Safety Executive (HSE) in the new draft Construction, Design and Management (CDM) Regulations are underpinned by a desire to improve standards of health and safety, particularly on smaller construction sites.

The changes attempt to provide a regulatory framework which is more appropriate and relevant to smaller sites and generally to remove bureaucracy across the industry.  More…

 

Royal_courts_of_justice

The Court of Appeal is to ensure fines for breaches of environmental and safety laws will be large enough to ‘bring the message home’ to managers and shareholders…
The Court of Appeal sought to answer the question of the appropriate size of fines in health and safety and environmental breach cases when it dismissed appeals.  More…

 

 

Accident ReportThe reporting of accidents within the workplace has been revised.  The new RIDDOR regulations simplify the reporting procedure for employers…
A second set of revisions were made to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), the second such in less than two years, in October 2013. More…

 

 

European UnionEuropean Commission proposes changes to solidify product safety issues, with potential cost implications to manufacturers, suppliers and retailers…
The European Commission has published its proposals to revise the rules for the safety of consumer products marketed in the European Union (EU).  To the extent that this removes uncertainty and promotes a more evolved regulatory regime in line with other regulated spheres, it can only be seen as good news for manufacturers and suppliers.  More

Food safety update from HABC/Greenwoods

HABCGreenwoods Banner has teamed up with Greenwoods Solicitors LLP to provide you with a quarterly update on legal developments affecting food safety.

Greenwoods is one of the most respected names in the food safety business, with a renowned team of legal experts providing expertise on everything from the new regulator’s code to the horsemeat scandal, as well as key legal issues of the day.

RegulationsFood Safety and Hygiene (England) Regulations 2013
These came into force on 31 December 2013 and apply to England only.  Since they are consolidating Regulations, they revoke certain provisions of the Food Hygiene (England) Regulations 2006 and the General Food Regulations 2004 and provide a ‘one-stop-shop’ for businesses and enforcement authorities to locate all the safety and hygiene provisions in one statutory instrument.

From January 2014, all enforcement action should be taken under these Regulations, i.e. food safety breaches, traceability issues, notices and orders etc.

Of interest are the powers of entry for an authorised officer which can be found at Regulation 16, whilst ‘due diligence’ defence is found at Regulation 12.

Action – find the regulations by clicking here.

Should you have any queries then do get in touch with Kathryn Gilbertson at Greenwoods Solicitors LLP on 01733 887621 or by email at kgilbertson@greenwoods.co.uk

Regulators’ Code
Regulators CodePreviously known as the Compliance Code and prior to that the Enforcement Concordat, this was given statutory status on 6 April 2014.

Its aim is to promote good regulatory principles which reduce unnecessary burdens on business and increase the benefits that regulation can bring through transparency and accountability.  The Code promotes efficient and effective working practices by requiring regulators to have regard to the Codes’ principles, namely:

  1. Regulators should carry out their activities in a way that supports those they regulate to comply  and grow.
  2. Regulators should provide simple and straightforward ways to communicate with those they regulate and hear their views.
  3. Regulators should base their regulatory activities on risk.
  4. Regulators should share information about compliance and risk.
  5. Regulators should ensure clear information, guidance and advice is available to help those they regulate meet their responsibility to comply.
  6. Regulators should ensure that their approach to their regulatory activities is transparent.

Regulators must publish ‘service standards’ so that businesses know what they can expect from their enforcement officers. These will be published by the following regulators:

Action – you can find the code by clicking here.

Should you have any queries about how the code will apply to your business then please contact Charlotte Murray at Greenwoods Solicitors LLP on 01733 887620 or by email at clmurray@greenwoods.co.uk

Magistrates’ Court Sentencing Guidelines
Magistrates CourtThere is a statutory obligation on every court to have regard to these guidelines when considering imposing a penalty in a relevant case, and to give reasons when imposing a sentence outside the range identified.

These guidelines were revised in March 2014.  Whilst no specific tariffs are specified for food safety cases, of interest are offences such as:

  • ‘Alcohol sale to a minor’ where sentences should fall in a range of a fine and/or community service together with consideration of additional orders including forfeiture or suspension of personal liquor licence – these sentences would apply when liquor is sold to a child under 18 years by a shop assistant; or
  • In the case of counterfeit sauces/relish, the penalties for the ‘unauthorised use of Trademarks’ include a fine and consideration forfeiture and destruction of the goods.

Action – should you have a case heading for the courts or have a query about possible sanctions for breach then do get in touch with Robert Starr at Greenwoods Solicitors LLP on 01733 887617 or by email at rlstarr@greenwoods.co.uk

Extension of Primary Authorities
Primary AuthoritiesOn 6 April, Primary Authority relationships were extended to allow industry groups and trade bodies to set up primary authority relationships on behalf of their members.  A number of trade bodies, such as the British Frozen Food Federation, intend to apply to their local council to set up a primary authority relationship.  Such a relationship could cover trading standards, environmental health and fire safety issues.

Further, the List of Primary Authority Categories was revised to include categories as a result of changes made by the devoted administrations.  For example companies trading in Wales can seek advice from councils on single use carrier bag charges via the Environmental Protection category.

This minor amendment to the category description allows multi-site businesses to adopt a standard approach to compliance.

The category list is published by the Better Regulation Delivery Office (BRDO).  It supports the Primary Authority Statutory Guidance. The list defines the categories under which a local authority can be nominated as a primary authority.

Action – To access this list, simply click here.

For further information about how a primary authority relationship could help your business, then please contact Charlotte Murray at Greenwoods Solicitors LLP on 01733 887620 or by email at clmurray@greenwoods.co.uk

Professor Elliott’s Report
Professor ElliottThe interim report into the Integrity and Assurance of Food Supply Networks was published in December 2013.  The final report is expected in late spring, with dates in May and June being mooted.

Prof. Elliott was asked by the Secretaries of State for Health and the Defra to conduct a review into the integrity and assurance of food supply networks; to consider issues which impact upon consumer confidence in the authenticity of food products, including systemic failures in networks and systems with implications for food safety and public health; and to make recommendations.  This was not a review into the incidents relating to finding horse meat in beef products.

In the interim report Prof. Elliott states that ‘a significant change in culture is needed to deal with the threats of fraudulent activity that exist along complex supply chains.  My review to date has identified a worrying lack of knowledge regarding the extent to which we are dealing with criminals infiltrating the food industry.  I believe criminal networks have begun to see the potential for huge profits and low risks in this area.  The food industry and thus consumers are currently vulnerable.  We need a culture within businesses involved in supplying food that focuses on depriving those who seek to deceive consumers.  A food supply system which is much more difficult for criminals to operate is urgently required’.

Action – Read the report by clicking here.

Should you have any queries on how the recommendations may affect your business then do get in touch with Kathryn Gilbertson at Greenwoods Solicitors LLP on 01733 887 621 or by email at kgilbertson@greenwoods.co.uk

Look out for our next bulletin when we shall consider the impact of the Groceries Adjudicator.