Agenda Document Pack - Environment and Climate Change Committee - 21/08/2024
North Lanarkshire Council · 21 August 2024
Back to Environment and Climate Change Committee — 21 August 2024 and its agenda
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12 August 2024 Members of the Environment and Climate Change Committee Chief Executive’s Office Archie Aitken Chief Officer (Legal & Democratic) Civic Centre, Windmillhill Street, Motherwell ML1 1AB www.northlanarkshire.gov.uk Notice is given that a Meeting of the Environment and Climate Change Committee is to be held in the Council Chamber, Civic Centre, Windmillhill Street, Motherwell, ML1 1AB on Wednesday, 21 August 2024 at 14:00 PM which you are requested to attend. The agenda of business is attached. Archie Aitken Chief Officer (Legal & Democratic) Members : Clerk Name: Clare Louise McDonald Clerk Telephone: 01698 302058 Clerk Email: mcdonaldcl@northlan.gov.uk H Loughran, J McPhilemy, T Carragher, P Di Mascio, K Duffy, F Fotheringham, W Goldie, K Harmon, J Leckie, F MacGregor, A Masterton, M McBride, B McCulloch, M McCulloch, F McKay, C McManus, L Nolan, J Reddin, L Roarty, G Robinson, A Smith, A Thomas, C Williams, N Wilson, G Woods. Page 1 of 204
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Agenda 1 Declarations of Interest In Terms of the Ethical Standards In Public Life Etc. (Scotland) Act 2000 Operational 2 Flood Risk Management Plan Submit report by the Chief Officer (Place) providing an update on progress to deliver Flood Risk Management Plans throughout North Lanarkshire. 7 - 16 3 Update on Parking Enforcement Submit report by the Chief Officer (Place) providing an update on the progression towards the enforcement of new parking regulations. 17 - 22 4 Sustainable Futures - Burial Space Strategy and Cemeteries Creation Projects Submit report by the Chief Officer (Community Operations) seeking approval to seek alternative sites for a replacement cemetery in Coatbridge. 23 - 32 5 Sustainable Futures - Country Parks for the Future Update Submit report by the Chief Officer (Community Operations) detailing a progress update on the Country Parks for the Future project and seeking delegated authority for the Chief Officer (Legal and Democratic) in conjunction with the Chief Officer (Community Operations) to progress the award of the contract for the redevelopment of the Watersports Centre, circa £14 million, following completion of the procurement process undertaken with Hub South West. 33 - 42 6 Winter Service Policy and Procedures 2024/2025 Submit report by the Chief Officer (Community Operations) seeking approval of the Winter Service Policy and Procedures for 2024/25. 43 - 62 7 Business Regulation Service Plan 2024-2025 Submit report by the Chief Officer (Community Operations) seeking approval of the Business Regulation Service Plan 2024-2025. 63 - 110 Page 3 of 204
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8 Fly-Tipping – Steps Taken to Counter the Increase in Criminal Activity Submit report by the Chief Officer (Community Operations) detailing the steps taken by Protective Services’ Pollution Control & Public Health team to counter the increase in criminal activity. 111 - 124 9 Trading Standards – Underage Sales, Illicit Tobacco and Vaping Products Submit report by the Chief Officer (Community Operations) providing details on the level of enforcement activity. 125 - 136 10 Introduction of Living Christmas Trees Submit report by the Chief Officer (Community Operations) detailing the investigations undertaken regarding the installation of living Christmas Trees within communities following approval by the Council meeting of the 28 March 2024. 137 - 148 11 Land and Waste Service Review Submit report by the Chief Officer (Community Operations) providing an update on the service review being undertaken across the Land and Waste services. 149 - 154 Performance 12 Amey Public Services LLP: Operational Performance Monitoring Report for 1 November 2023 to 31 March 2024, Financial Performance at 31 December 2023 Submit report by the Chief Officer (Community Operations) outlining Amey Public Services (APS) Limited Liability Partnership (LLP) performance against its’ business objectives and council priorities for the period from 1 November 2023 to 31 March 2024 and its’ financial performance to December 2023. 155 - 166 13 Annual Report on the Performance of North Lanarkshire Council from the Scottish Roadworks Commissioner Submit report by the Chief Officer (Community Operations) providing details of the Scottish Road Works Commissioner’s Performance Review in relation to Road Works undertaken by North Lanarkshire Council during 2023/24. 167 - 184 Page 4 of 204
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Contracts 14 Contract Award for Bridge Inspections 2024/25 Submit report by the Chief Officer (Place) advising of the award of the Contract to AtkinsRealis Limited at the value of Seven Hundred and Forty Thousand, One Hundred and Seventy-Four Pounds Sterling and Seventeen Pence (£740,174.17) exclusive of VAT. 185 - 194 15 Contract Award for Provision of an Enterprise Management Solution (CONFIRM) Submit report by the Chief Officer (Community Operations) advising of the award of the Agreement to Computacenter (UK) Ltd up to a maximum value of Six Million, Forty-Nine Thousand and Forty-Nine Pounds Sterling (£6,049,049). 195 - 204 Page 5 of 204
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North Lanarkshire Council Report Environment and Climate Change Committee Does this report require to be approved? ☐ Yes ☒ No Ref SB/PH Date 21/08/24 Flood Risk Management Plan From Pamela Humphries, Chief Officer (Place) E-mail Scottjohn2@northlan.gov.uk Telephone John Scott, 07923100254 Executive Summary The purpose of this report is to provide an update on progress to deliver Flood Risk Management Plans throughout North Lanarkshire. This is a deliverable within the Sustainable Futures Programme of Work under climate resilience and flood risk management. In addition, committee approval is sought for the methodology of how resources are prioritised to manage flood risk to areas of greatest need. The Council has a statutory duty under the Flood Risk Management Act to reduce flood risk throughout North Lanarkshire. Currently, there are 12 Potentially Vulnerable Areas (PVAs) which fall entirely or partially within North Lanarkshire. These PVAs form part of the Clyde and Lomond Local Flood Risk Management Plan (CaLLFRMP), detailing target areas and actions over six-year cycles. Of the 12 PVA’s only 7 contain target areas for action within North Lanarkshire. Despite the focus on PVAs within the CaLLFRMP other areas within the council boundary are at risk of flooding. To gain a better understanding of the risk to all council areas a Strategic Flood Risk Assessment (SFRA) was developed. The SFRA uses datasets such as SEPA Flood Maps, regional pluvial maps, and historical flood data to enhance understanding and resilience. The SFRA adopts a ranking methodology to ensure that resources are allocated effectively to manage the worst affected areas in addition to the 12 actions within the CaLLFRMP. A proactive approach to flood risk management will be adopted, with reactive interventions as necessary. The SFRA highlighted Kilsyth, Bellshill, and Cumbernauld South with local areas at greatest risk of fluvial (river) flooding, and Kilsyth, Motherwell North, and Airdrie North with local areas at greatest risk of surface water flooding. This ranking supports the prioritisation of actions under the CaLLFRMP. Current commissions include the development of surface water management plans for Motherwell, Cumbernauld, Airdrie and Coatbridge. Flood studies for Motherwell, Airdrie and Coatbridge, and Bellshill are all due for completion in summer 2024. Progress is being made on the Kilsyth Flood Risk Reduction Scheme (FRRS) which is at preliminary design stage and being developed in partnership with Scottish Canals. A surface water management plan for Kilsyth will be developed in late 2024. Item 2 Page 7 of 204
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1. Background 1.1 Flooding affects approximately nine thousand properties and businesses within North Lanarkshire. It causes disruption to residents, businesses, roads and services across the region, and flood risk is projected to increase with the effect of climate change. 1.2 The Plan for North Lanarkshire set out a long-term vision for growth and prosperity for all. Flood risk within North Lanarkshire is considered as part of The Plan and Sustainable Futures Programme of Work. 1.3 The National Planning Framework 4 (NPF4) categorises flood risk as where the annual exceedance probability (AEP) of flooding in a particular area is greater than 0.5% (1 in 200-year event), including an allowance for climate change. This means the probability of a flood occurring is greater than 0.5% in any one year. 1.4 The Flood Risk Management Act (2009) sets out a proactive approach to managing flood risk within Scotland and sets out clear roles and responsibilities in which SEPA, Scottish Water and Local Authorities are working together. SEPA have a national responsibility leading on the national flood risk assessments and identification of potentially vulnerable areas (PVA). Local Authorities have local accountability by leading on the preparation of local flood risk management plans, which supplement the national strategies prepared by SEPA, ensuring actions are locally targeted and delivered. This includes the design and implementation of flood protection schemes. 1.5 Currently there are 12 PVAs which fall entirely or partially within the Council’s boundary. PVAs are typically catchment based and can include more than one town. Of the 12 PVAs, seven contain target areas for action within North Lanarkshire. 1.6 Each PVA forms part of the Clyde and Loch Lomond Local Flood Risk Management Plan (CaLLFRMP), which sets out target areas and actions to be undertaken by responsible authorities within six-year cycles. Actions that the Council are responsible for progressing are given in Appendix 1. Recommendations It is recommended that the Environment and Climate Change Committee: (1) Acknowledge the contents of this report. (2) Endorse the approach taken to prioritise flood risk management actions, such as the progression of flood risk studies, design and works, to areas at greatest risk of flooding. The Plan for North Lanarkshire Priority All priorities Ambition statement All ambition statements Programme of Work Sustainable Futures Page 8 of 204
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1.7 To gain a better understanding of the risk to all Council areas a Strategic Flood Risk Assessment (SFRA) has been developed by the Council. The SFRA uses datasets such as SEPA Flood Maps, regional pluvial maps, and historical flood data to identify locations susceptible to flooding throughout North Lanarkshire. Some areas out with the designated PVAs have been identified by the Council as being at risk of flooding. These areas have been assessed to improve understanding of flood risk. The SFRA adopts a ranking methodology to direct resources for assessing and reducing flood risk to the worst affected areas. 1.8 Other duties of the Council under the Flood Risk Management Act include: • Inspection and assessment of flood risk associated with open and culverted watercourses, and • where the Council consider that clearance and repair would substantially reduce flood risk then such clearance would be planned and actioned. 1.9 The Council will continue to investigate and react to flood incidents within its obligations and available resources but prioritising action to the worst affected areas, as outlined in this report, will remain the priority. 1.10 In addition, the Council is improving the way flood incidents are reported and making the public aware of their responsibilities and those of other organisations such as Scottish Water, SEPA, landowners and the general public. The Council website for reporting issues is being updated to inform users of responsibilities under the Flood Risk Management Act and give advice to prepare for a flood event. 2. Report 2.1 The actions contained in Appendix 1 are primarily to develop flood studies and surface water management plans to the target areas. The studies and plans are then used to identify if flood risk alleviation is possible. Optioneering, design, and construction of flood alleviation schemes will follow provided viability is confirmed and resources are available. 2.2 AtkinsRéalis were commissioned to undertake a strategic flood risk assessment (SFRA) for North Lanarkshire. This assessment considered the flood risk from fluvial (river) and surface water for a range of events. SEPA classifies flood risk into the following three categories: • High – meaning there is a 10% chance or greater of flooding in a year, referred to as a 1 in 10-year event. • Medium – meaning there is a 0.5% chance or greater of flooding in a year, referred to as a 1 in 200-year event. • Low – meaning there is a 0.1% chance or greater of flooding in a year, referred to as 1 in 1000-year event. 2.3 The SFRA considered each Council area and identified those areas where there is a flood risk using SEPA’s flood maps as the primary dataset. The assessment was based on the following datasets: • Scottish Environment Protection Agency (SEPA) Flood Maps V1.3. • Regional Pluvial & Velocity Maps. • National Pluvial Maps. Page 9 of 204
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• National Flood Risk Assessment. • National Receptor Database. • Historical flooding information. 2.4 The flood maps were overlaid on GIS maps of properties in North Lanarkshire to locate properties at risk from flooding. Areas for assessment are based on Council ward boundaries. 2.5 The assessment areas are ranked based on the number of properties affected by fluvial and surface water flood risk for the Medium and High likelihood of flooding respectively. 2.6 The SFRA identified areas within Kilsyth, Coatbridge South and Bellshill to be at the greatest risk of fluvial flooding, and Kilsyth, Motherwell North and Coatbridge South at the greatest risk of surface water flooding. The ranking correlates with historic reports of flooding and the actions identified within the CaLLFRMP. 2.7 North Lanarkshire areas, ranked by fluvial and surface water flood risk, are given in Appendix 2 and Appendix 3 respectively. 2.8 The SFRA will be a ‘live document’ and rankings for all areas will be reviewed by the Council every six years to coincide with the CaLLFRMP, which is the statutory review period adopted nationally, or earlier when there is a known notable change to risk, such as the implementation of flood alleviation measures. 2.9 The improved understanding of flood risk that the SFRA provides has allowed the prioritisation of actions under the Flood Risk Management Act resulting in the production and development of the following studies: • Airdrie Surface Water Management Plan. • Airdrie Flood Study. • Cumbernauld Surface Water Management Plan. • Bellshill Flood Study. • Motherwell Flood Study. • Motherwell Surface Water Management Plan. 2.10 The following studies are planned for 2024/25. • Allanton Natural Flood Risk Management Study. • Kilsyth Surface Water Management Plan. • Kilsyth Flood Reduction Scheme – Detailed Design. 2.11 Due to the flood studies and surface water management plans being at relatively early stages of development, the only project that has currently reached prelim design is the Kilsyth Flood Risk Reduction Scheme (KFRRS). Areas within Kilsyth are at the greatest risk of flooding within North Lanarkshire. The KFRRS aims to reduce the risk of flooding from the Ebroch and Garrel Burn by diverting flood water from the Colzium Burn to the Scottish Canal owned reservoir Banton Loch. The intention is to progress detailed design through 2025 and construct during 2026 in partnership with Scottish Canals. 2.12 Progression from flood studies to design and subsequent construction for other flood alleviation projects will be prioritised in line with the areas at greatest risk, identified in Appendix 2 and Appendix 3, and subject to available funding. Page 10 of 204
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2.13 It should be noted that Scottish Government funding for construction-ready flood alleviation schemes to 2028 is fully subscribed, mostly due to overspend from existing commitments from 2016-2022. However, the Council has budget provision within the current capital programme to contribute towards the delivery of the KFRRS and progression of the actions contained in the CaLLFRMP, in Appendix 1. 2.14 An aligned piece of work is to investigate the possibility of using the detailed information within the SFRA, flood studies and plans to help developers identify and address any potential flood risks and inform assessment of planning applications. For example, where a developer proposes to discharge surface water to a watercourse with a downstream flood risk, there is potential for their proposals to incorporate some betterment through a reduced greenfield equivalent discharge. 3. Measures of success 3.1 A reduction of the likelihood or severity of flooding to the worst affected areas within North Lanarkshire. 4. Supporting documentation Appendix 1 - Clyde and Lomond Local Flood Risk Management Plan Action Summary Appendix 2 - Fluvial Flood Risk Areas Appendix 3 – Surface Water Flood Risk Areas Pamela Humpries Chief Officer (Place) Page 11 of 204
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Budget is available within the Infrastructure and Transportation capital budget 2024-29 to progress the work identified within this report. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Page 12 of 204
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Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The report contains a methodology for identifying areas at risk of flooding throughout North Lanarkshire and for prioritising resources to manage and reduce flood risk to the worst affected areas. 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? The report contains a methodology for identifying areas at risk of flooding throughout North Lanarkshire and for prioritising resources to manage and reduce flood risk to the worst affected areas. 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 13 of 204
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Appendix 1 – Clyde and Loch Lomond Local Flood Risk Management Plan Action Summary Cycle 1 2016 – 2022 Target Area (to identify localised flood risk) Action Progress Coatbridge and Airdrie Surface Water Plan /Study Completion summer 2024 Cumbernauld Flood Protection Study Delivery during 2025 in partnership with East Dunbartonshire Council Surface Water Plan /Study Completion summer 2024 Kilsyth Flood Protection Study Complete Holytown Flood Protection Study Complete Greenacres Flood Protection Study Complete – flood model has confirmed property should not flood in a 1:200yr event Bothwellhaugh Site Protection Plans Complete – flood model has confirmed property should not flood in a 1:200yr event Motherwell Flood Modelling Complete Cycle 2 2022-2028 Target Area (to identify localised flood risk) Action Progress Airdrie Surface Water Management Plan In progress Flood Study In progress Kilsyth Surface Water Management Plan Delivery 2024/25 Flood Scheme or design works Ongoing Community Engagement Ongoing Flood Study Complete Motherwell Surface Water Management Plan Complete Flood Study Complete Options Appraisal Not required Holytown and New Stevenson Surface Water Management Plan to be started Wishaw North Surface Water Management Plan to be started Allanton Flood Study Awarded Cycle 3 2028-2034 Target Area (to identify localised flood risk) Action Progress Coatbridge Flood Study Delivery after 2028 Surface Water Management Plan Delivery after 2028 Chapelhall Surface Water Management Plan Delivery after 2028 Bellshill Surface Water Management Plan Delivery after 2028 Flood Study Ongoing Cumbernauld East Surface Water Management Plan Delivery after 2028 Community Engagement Wishaw South Surface Water Management Plan Delivery after 2028 Newarthill Surface Water Management Plan Delivery after 2028 Page 14 of 204
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Appendix 2 – Fluvial (river) flood risk areas Areas Property Count (1 in 10yr event) Rank (1 in 10yr event) Kilsyth 72 1 Coatbridge South 52 2 Bellshill 37 3 Cumbernauld South 32 4 Airdrie North 31 5 Fortissat 19 6 Coatbridge North 12 7 Airdrie Central 10 8 Coatbridge West 8 9 Cumbernauld North 7 10 Motherwell West 3 =11 Wishaw 3 =11 Abronhill, Kildrum and the Village 2 =13 Airdrie South 2 =13 Gartcosh, Glenboig and Moodiesburn 2 =13 Mossend and Holytown 2 =13 Murdostoun 2 =13 Motherwell North 1 18 Motherwell South East and Ravenscraig 0 =19 Stepps, Chryston and Muirhead 0 =19 Thorniewood 0 =19 Page 15 of 204
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Appendix 3 – Surface water flood risk areas Area Property Count (1 in 200yr event) Rank (1 in 200yr event) Kilsyth 633 1 Motherwell North 556 2 Coatbridge South 512 3 Abronhill, Kildrum and the Village (Cumbernauld East) 458 4 Motherwell West 396 5 Bellshill 373 6 Airdrie North 365 7 Thorniewood 364 8 Mossend and Holytown 349 9 Motherwell South East and Ravenscraig 343 10 Coatbridge West 337 11 Airdrie South 312 12 Wishaw 295 13 Gartcosh, Glenboig and Moodiesburn 282 14 Cumbernauld South 259 15 Airdrie Central 252 16 Cumbernauld North 218 17 Coatbridge North 191 18 Stepps, Chryston and Muirhead 181 19 Murdostoun 176 20 Fortissat 76 21 Page 16 of 204
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North Lanarkshire Council Report Environment and Climate Change Committee Does this report require to be approved? ☐ Yes ☒ No Ref PH/GW Date 21/08/24 Update on Parking Enforcement From Pamela Humphries, Chief Officer (Place) E-mail woodg@northlan.gov.uk Telephone Gary Wood 07939284954 1. Background 1.1 Part 6 of the Transport (Scotland) Act 2019 introduced the statutory framework for a national ban on pavement parking, double parking and parking at dropped kerbs to make it easier for local authorities to ensure pavements and roads are safer and more accessible to all. 1.2 In 2019 the Scottish Parliament passed the Transport (Scotland) Act 2019 which included powers to introduce three new parking prohibitions nationally. These ban parking on pavements, at dropped kerbs at known crossing places, and double parking. Executive Summary The purpose of this report is to provide an update on the progression towards the commencement of enforcement of new parking regulations, as decided at this Committee on 7 February 2024, and increased Penalty Charge levies in North Lanarkshire, approved as part of the budget setting process. Recommendations It is recommended that the Environment and Climate Change Committee: (1) Acknowledge the update provided within the report in respect of the implementation of new parking regulations and increased Penalty Charge levies. (2) Acknowledge that a further update will be provided to a future committee regarding the impact of enforcement of the new parking regulations, including any exemptions to be considered. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (17) Ensure we keep our environment clean, safe, and attractive Programme of Work Transforming Places Item 3 Page 17 of 204
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1.3 All secondary legislation has been put in place to give local authorities the powers they require to enforce these new parking offences. The Parking Prohibitions (Enforcement and Accounts) (Scotland) (Regulations) 2023 were enacted on 11 December 2023, which provides local authorities with the powers to enforce the new parking prohibitions. The penalty charge level is set at £100, although this reduces to £50 if paid within 14 days. 1.4 Some exemptions apply to the new parking offences, which include: • To allow for the normal operation of the emergency services, or medical practitioners in emergency situations. • To allow the response to an emergency or accident. • To allow for certain deliveries and collections. • Vehicles used for undertaking works on roads or removal of obstructions. 1.5 These exceptions are only valid if specific criteria are met and there is no other reasonable parking available. Local Authorities in Scotland have powers to exempt certain areas of pavement, should they feel it necessary. In general, local authorities can consider an exemption where one of two criteria are met, where: • Its layout or character would allow for a width of 1.5 metres of the footway to remain unobstructed when any part of a vehicle is parked on it, or • The layout or character of the carriageway associated with the footway is such that the passage of an emergency vehicle would be impeded by the presence of a vehicle parked on the carriageway. 1.6 Where an exemption is put in place, the area subject to the exemption must be clearly signed and marked so that members of the public understand that they are allowed to park on that area of pavement. 1.7 On 7 February 2024, the Council’s Environment and Climate Change Committee approved a report to commence towards the enforcement of pavement parking, double parking and parking at dropped kerbs. It was agreed that a report outlining the progress in this regard be brought back to this Committee in Cycle 3. 1.8 It should also be noted that as part of the Council’s budget setting process, it was agreed to increase existing Penalty Charge Notice penalties to £100, reducing to £50 if paid within 14 days, which is consistent with the penalties mandated for the new parking offences. 2. Report 2.1 Since receiving approval from this Committee to progress towards enforcement, the immediate focus has been on developing the back-office systems, as well as commencing recruitment to employ additional technical and frontline enforcement staff. 2.2 As outlined in the previous report, a collaborative working agreement is in place with Glasgow City Council to provide back-office support for the Council’s parking enforcement service. Glasgow City Council also have a similar collaboration with East Renfrewshire Council and East Dunbartonshire Council. Page 18 of 204
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2.3 Changes to the back-office systems are required for both the enforcement of the new parking offences and the increase in Penalty Charge to £100/£50. The local authorities involved in the collaboration are reliant on the same back-office systems. To accommodate the changes required, it is necessary for all authorities to undertake robust testing of handheld devices, IT servers, payment systems, etc. within the same timeframe. 2.4 The testing environment to increase the Penalty Charge to £100/£50 is almost complete. It is anticipated that this will be implemented by September 2024. The Council has a duty to advertise the change in penalty charge, and it is intended to publicise this via local press adverts, the Council’s website and social media channels. 2.5 Regarding enforcement of pavement parking, and the other new parking offences, the timescale for implementation has been delayed. This is mainly due to the delay in commencing back-office testing, which requires third party IT support who have had capacity issues which has impacted on their ability to undertake the work within the expected timescales. 2.6 It was previously reported that before the Council can commence enforcement, it would be necessary to provide additional training to staff. Additionally, it was previously agreed as part of the Council’s budget setting process to expand the parking team with additional technical and frontline enforcement staff. This recruitment exercise is currently ongoing, with two new parking attendants in post so far. 2.7 Taking the outstanding back-office system works into consideration, along with the progress in recruitment, it is currently estimated that the enforcement of the new parking offences will commence towards the end of 2024, although every effort is being made to accelerate this timescale. 2.8 It was outlined to Committee on 7 February 2024 that in preparation for the introduction of these new parking offences, the Council has assessed the entire public road network within North Lanarkshire to determine whether exemptions should apply. As the vast majority of pavement parking is occurring where there is existing on-street provision or private driveways, it is considered that no Exemption Orders are required at this time. Instead, it is proposed to undertake an operational review within the first year of enforcement to determine whether any Exemption Orders are appropriate. 2.9 Prior to enforcement commencing in this regard, the Council will run a complementary communications campaign aligned with the national approach, which will commence four weeks prior to the implementation date. In addition, to raise awareness of these new prohibitions, the intention is to initially undertake a soft approach for the first four weeks of enforcement, by affixing warning notices to offending vehicles. Thereafter, Penalty Charge Notices will be issued. 2.10 As reported to this Committee on 7 February 2024, it will be necessary to prioritise how enforcement resources are deployed to target locations with a greater road safety risk to pedestrians or other road users as a result of pavement and double parking. This would typically be in areas with high traffic volumes and high pedestrian movements. 3. Measures of success 3.1 Through greater enforcement of pavement parking, there will be improved accessibility in our town centres and communities. Page 19 of 204
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4. Supporting documentation No supporting documents. Pamela Humphries Chief Officer (Place) Page 20 of 204
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Positive impacts – greater accessibility in town centres and communities. EqIA prepared If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☒ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Whilst there may be an increase in Penalty Charge Notice (PCN) income resulting from the enforcement of the new parking offences, the value is difficult to forecast. It should be noted the main objective of parking enforcement is not to raise income but to encourage safe and responsible road use. The Regulations expect that any surplus is utilised to facilitate the Council’s local transport strategy and / or to support the costs of maintaining off-street parking. The increased income resulting from the increase to £100 PCN’s was included within the 2024/25 budget setting process. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If any Exemption Orders are retrospectively considered, this will be discussed with Legal and Democratic Services and appropriate legal advice obtained. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ Page 21 of 204
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5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The development of the back-office systems, required to facilitate the enforcement of the new parking offences and £100/£50 PCN’s, required input from the Council’s Business and technology team. Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☒ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? There will be a requirement raise awareness via Corporate Communications in advance of the enforcement of pavement parking etc. 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex-Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 22 of 204
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North Lanarkshire Council Report Environment and Climate Change Committee Does this report require to be approved? ☒ Yes ☐ No Ref LR/VA/CM Date 21/08/24 Sustainable Futures - Burial Space Strategy and Cemeteries Creation Projects From Chief Officer (Community Operations) E-mail Renniely@northlan.gov.uk Telephone 07855 193500 Executive Summary This report provides committee with an update on burial space needs within North Lanarkshire and actions proposed to provide sufficient new burial space for each community. All currently available burial space within North Lanarkshire, with the exception of Eastfield Muslim burial area, is projected to be utilised within approximately 10 years, highlighting the importance of prioritising ongoing burial space development projects. This report provides detailed information on progress to provide additional lairs for communities using Cambusnethan and Coltswood cemeteries, which both have run out dates forecast in the next few years. The report also updates committee on improvement projects undertaken during the last year across active cemeteries. Recommendations It is recommended that the Environment and Climate Change Committee: (1) Approves the service proposal to seek alternative sites for a replacement cemetery in Coatbridge as a matter of urgency (2) Agrees modifications to the design of the proposed new cemetery Pather Farm, required by peer review of planning permission conditions. (3) Recognises the future impact of other run out dates presented in the Burial space strategy and (4) Approves the service proposal that future new cemetery creation projects are prioritised based on burial space run out dates and site suitability, with the aim of meeting the council’s commitment to reduce funeral poverty by providing burial space in each local area, The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (17) Ensure we keep our environment clean, safe, and attractive Item 4 Page 23 of 204
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1. Background 1.2 The main options for increasing burial space, in order of decreasing cost effectiveness are: • Development of unused or under-used areas within existing cemeteries • Extension of existing cemeteries or creation of a nearby ‘satellite’ site if no suitable adjacent land exists for extension • Development of new cemeteries. 1.3 Cambusnethan and Coltswood cemeteries are currently projected to run out of burial space in 2026, and Cambusnethan Muslim burial area is projected to run out of space in 2027. Plans are in development for small internal extensions in each of these, in conjunction with the continued development new cemetery projects outlined below. This will ensure continuity of local burial space. 1.4 Pather Farm New Cemetery has been in development since 2019 and when developed to full capacity will provide over 2000 lairs. 1.5 Bedlay Cemetery is already closed for new lairs, an extension is only possible subject to a section 75 agreement progressing with an adjacent proposed housing development. 1.6 A report to committee in Sept 2023 detailed improvements undertaken in existing cemeteries during 2023 and outlined those in the pipeline for the coming year. An update on these is provided. 2. Report Burial Space Strategy 2.1 Appendix 1 shows the currently available new lair provision across North Lanarkshire. Without the development of additional burial space, Cambusnethan and Coltswood cemeteries will run out of space within two years, and all cemeteries currently offering new lairs will run out within approximately 10 years. 2.2 A cross service Cemeteries Projects Team is in place to identify, investigate, design, procure and build new burial spaces. Projects they are currently working on are summarised below. 2.3 Cambusnethan cemetery has a small area to the east of existing burial space with capacity for approximately 300 lairs. Site investigation is underway to determine the suitability of this space which would provide over 3 years additional capacity and aid with the transition to the new cemetery at Pather Farm. Programme of Work Statutory / corporate / service requirement 1.1 There are currently fifteen operational cemeteries in North Lanarkshire, seven of which offer new lairs. The Burial Space Strategy monitors annual changes in lair capacity at each cemetery allowing the council to plan ahead with the aim of providing sufficient space before capacity runs out. Run out dates by cemetery are provided in Appendix 1. Page 24 of 204
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2.4 Capacity for approximately 200 lairs exists within the existing Muslim burial area at Cambusnethan cemetery, which requires the development of paths and headstone foundations. 2.5 As approved by committee in 2023 the service has explored creation of additional burial space within the existing Coltswood cemetery. The works have been phased over 2 years, with approx. 250 lairs to be created in phase 1 and over 500 in phase 2. Phase 1 will provide more than 2 years additional capacity, and phase 2 could provide a further 4 years. 2.6 Site investigation has been underway at New Monkland cemetery for several years, and a provisional design has been drafted which could provide around 1500 lairs. The project will now progress to a detailed design stage with the aim of applying for planning permission during 2025. 2.7 Identification of suitable extension sites is underway at Eastfield and Kilsyth cemeteries, which are the next approaching run-out dates. Coatbridge - Morven Street extension to Coltswood Cemetery 2.8 In March 2022 the Finance and Resources Committee approved the development of an extension to Coltswood Cemetery into the only available adjacent land, disused sports pitches at Morven Street. Initial assessment of the land had concluded the land could be suitable for burial space. 2.9 In depth site investigations were carried out by specialists over the course of a full year, as SEPA stage 2 investigation requires 12 months of water level monitoring. The council have now received a report analysing the results and this recommends that the site is not suitable for burial space for the following reasons: 2.10 The SEPA guidance note indicates that burials below the water table will not be permitted in any circumstance and that at least a metre of soil has to be present above the level of any burial. Groundwater seepages were recorded within four of the trial pit excavations which took place at Morven Street, at depths of between 0.70m and 2.00m below ground level, with further seepages recorded at ground level within two other locations. Groundwater level monitoring carried out within installed boreholes indicated median groundwater levels of between 0.47m and 3.76m below ground level. The full year of monitoring suggests the presence of a shallow water table, and burials would therefore be beneath the water table across much of the site, which is not permitted in any circumstances. 2.11 In addition SEPA guidance indicates that no coarse sand and gravel can be present within burial excavations. Particle size distribution (PSD) tests were carried out on both the granular and cohesive made ground and natural glacial till to determine the proportions of the individual soil constituents, both the made ground and natural soils comprise a high proportion of courses grained materials meaning the site is also likely to be rejected by SEPA based on their criteria for land suitable for burial space. 2.12 Samples of made ground and glacial till have been subjected to laboratory analysis for a range of typical contaminants. Asbestos has been detected within the made ground across the site, and this poses a risk to human health, particularly to personnel employed to dig graves. The potential for generation of marginally elevated concentrations of zinc, petroleum compounds and organic leachates has been Page 25 of 204
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identified and groundwater analysis has shown that these are having an impact on shallow groundwater across the site. In addition, nitrate and ammoniacal nitrogen concentrations within the groundwater were particularly high, suggesting that the adjacent land use could be having an impact on groundwater quality already. Further development may exacerbate this and is not recommended. 2.13 Numerous obstructions were recorded within the made ground, this represents a further constraint to the use of the site for burials as graves could not be dug where large sub surface obstructions are present, but this would not be known until a lair was used for the first time. 2.14 New roads constructed as part of the proposed cemetery would require a full capping layer, due to the presence of made ground at formation level across most of the site. This would generate additional costs for any development of the site not just Cemetery use. 2.15 Raising the ground level was considered but this is extremely unlikely to be structurally possible due to the gradients on site and the potential risk to the neighbouring housing development downslope. If it were technically achievable the costs would be out of proportion with the number of lairs which could be created. 2.16 As a consequence of these results Property Services have already begun the process of identifying and investigating alternative sites for cemetery creation within Coatbridge. Wishaw - Pather New Cemetery Creation 2.17 Pather Farm has been in development as a standalone new cemetery for Wishaw since 2018. The site could provide well over 2000 burials spaces with 978 forecast in the first phase. 2.18 The full project extends the burial space run out date in Wishaw and also provides capacity to meet the requirements of other adjacent local areas if required. The first phase alone meets the forecasted requirement of burial space for the Wishaw community for at least a decade. 2.19 The construction contract for phase 1 of the cemetery creation was tendered in Jan 2024 and the price returned was £3,746,762.97. Following Peer Review of the site investigation information submitted as part of the Planning Application modifications relating to grouting boreholes, capping landscaped areas, treating asbestos containing materials (ACM’s) and minor changes to the building warrant are required. These modifications will be covered by provisional sums already included within the contract and do not alter the separate contingency sum of £200k for the project. 2.20 Approval for contract award was approved by this committee in Feb 2024. The Contract was awarded on the 4th June 2024 by the Chief Officer of Asset and Procurement Solutions. Work on site will start in August 2024 and take until May 2025 to complete. Cemetery Improvement Projects 2.21 Since the last report in September 2023 the following improvement works have been completed: • Drainage works at Old Monkland cemetery. • Additional drainage works at St Patricks cemetery. • Foundation works at Bothwellhaugh section D. Page 26 of 204
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• Footpath and drainage improvements at Cambusnethan cemetery • Refurbishment of the Baby Garden at Cambusnethan cemetery 2.22 The refurbishment of the baby garden was undertaken in consultation with local charity Baby Loss Retreat, who were invaluable in providing guidance and an interface with bereaved families. The service is now looking to undertake a similar project at Bothwellpark baby garden as resources allow. 2.23 A pilot project has been undertaken in Old Monkland cemetery to replace cemetery bins with larger bins in casings and reviewing locations. This has improved the cemeteries environment, reduced manual handling associated with the old-style bins and increased capacity. Following the success of this pilot the service will work with Waste services to roll this out across further cemeteries, as resources allow. 3. Measures of success 3.1 Sufficient burial space to meet the council’s statutory obligation to bury the dead. 3.2 Enough burial space in each locality to ensure funeral poverty is minimised. 3.3 Cemetery expansion/ Creation Projects developed as economically as possible. 4. Supporting documentation Appendix 1 – Burial Space run out dates by cemetery. Lyall Rennie Chief Officer (Community Operations) Page 27 of 204
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? This report covers the award of a contract of significant value which is covered by the current capital programme 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Page 28 of 204
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Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Environmental impacts of the proposed Coltswood extension have been identified and an alternative site is being explored 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Boards will be kept informed of progress to identify a revised cemetery site for Coatbridge 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? Risks associated with each individual project referenced in the report are managed through the risk register for each project as part of the council’s standard project management process. 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☒ No ☐ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 29 of 204
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Appendix 1 – Burial Space run-out dates by Cemetery Cemetery Area served Runout Date of Developed Lairs (April 2024) Runout Date of Lairs being Developed During 2024/25 Potential Additional Life Span Runout Date of Developed Lairs + Potential lairs Bedlay Cemetery Northern Corridor closed at present time for new lairs - Extension being developed, subject to section 75 agreement with developer, currently redirecting burials to other cemeteries Approx 20 years capacity, once developed Pather Farm Cemetery Wishaw and surrounding area in development - Procurement underway for construction to commence in 2024 and completion in 2025 Approx 12 years capacity in Phase 1, once developed Cambusnethan Cemetery Wishaw and surrounding area Apr-2026 - Site investigation underway for small extension to east of existing cemetery Feb-2030 Coltswood Road Cemetery Coatbridge and surrounding area May-2026 Jul-2028 Extension through development of fields to west unfeasible. Opportunity to expand capacity of existing cemetery area by removing trees and landscaping. Jan-2033 Page 30 of 204
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Cambusnethan Cemetery Muslim Burial Space Southern area Apr-2027 - Further development of remaining Muslim area Oct-2040 Eastfield Cemetery Cumbernauld and surrounding area Aug-2029 - Area to east, requires geotechnical investigation Dec-2061 New Monkland Cemetery Airdrie and surrounding area Jan-2031 - Area to north Dec-2050 Kilsyth Cemetery Kilsyth and surrounding area Aug-2032 - Development of lairs along northern wall of existing cemetery. Mar-2037 Bothwellhaugh Cemetery Motherwell, Bellshill and surrounding area Aug-2033 - Phased development within cemetery boundaries Apr-2048 Benhar Cemetery Shotts and surrounding area Nov-2034 - Potential extension into council- owned land to north Jul-2084 Eastfield Cemetery Muslim Burial Space Northern area Jan-2117 - Potential to include in wider cemetery extension above Jan-2117 Page 31 of 204
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North Lanarkshire Council Report Environment and Climate Change Committee Does this report require to be approved? ☒ Yes ☐ No Ref LR/VA/CM Date 21/08/24 Sustainable Futures - Country Parks for the Future Update From Lyall Rennie, Chief Officer (Community Operations) E-mail Renniely@northlan.gov.uk Telephone 07855 193500 Executive Summary This report is an annual update to the committee on delivery of Country Parks for the Future projects which contribute to both Sustainable Futures and Transforming Places Programme of Work. The report provides information on two large projects which are in development and early delivery; the net-zero led redevelopment of Strathclyde Country Park Watersports Centre into a Green Health Hub, and the community co-delivery of a heritage focussed program of improvements at Palacerigg Country Park. The report also provides a progress update on other pipeline projects approved by committee in August 2023, including the Blair Road gateway works at Drumpellier Country Park and the Remembering Together Covid-19 memorial for North Lanarkshire at Strathclyde Country Park. Recommendations It is recommended that the Environment and Climate Change Committee: (1) Recognise the continued progress made in delivering Country Parks for the Future and the contribution this makes to our programme of work ambitions, particularly around Sustainable Futures and Transforming Places. (2) Considers the significant community and placemaking benefits that will arise from the redevelopment of the Watersports Centre and the commitment of staff time and resources required to successfully deliver the project. (3) Authorise the Chief Officer (Legal and Democratic) in conjunction with the Chief Officer (Community Operations) to progress the award of the contract for the redevelopment of the Watersports Centre, circa £14 million, following completion of the procurement process undertaken with Hub South West as outlined in section 2.7 in the main report below. (4) Considers the large-scale heritage themed project in development at Palacerigg and endorse the approach to continuing to seek external funding support to deliver health and wellbeing benefits for the community of Cumbernauld. Item 5 Page 33 of 204
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1. Background 1.1 This report updates committee on progress with delivering Country Parks for the Future since the update to this committee in August 2023, at which the committee approved the project pipeline. 1.2 The pipeline included: • Detailed development work, and fundraising, for heritage and play themed improvements to Palacerigg Country Park. • Delivery of the community co-designed Remembering Together Covid-19 memorial. • Net-zero led redevelopment of the Watersports Centre at Strathclyde Country Park. • Artist in Residence/ Art Park projects. 1.3 A previous report to the committee in February 2023 updated committee on the Green Growth Accelerator pathfinder project which developed proposals to upgrade the Watersports Centre and reduce its carbon emissions. 1.4 The Strathclyde Country Park Watersports Centre Redevelopment is based on research work started in 2017 as part of the national Park Power research project. This identified that Strathclyde Loch had enormous heat potential which could provide renewable heat for Strathclyde Park and surrounding neighbourhoods. 1.5 Capitalising on the findings from the research project, the greenspace projects team applied to become one of the Scottish Governments Green Growth Accelerator Pathfinder Projects. The Green Growth Accelerator (GGA) fund was designed to catalyse the adoption of renewable energy options in the public sector. A revenue grant of £120k enabled the council to prepare a business case for the net-zero led redevelopment of the Watersports Centre into a Green Health Hub. The Green Growth Accelerator funding was suspended for all projects by the Scottish Government in Nov 2023. This report updates committee on progress in securing new funding to take forward delivery of the project. 1.6 Drumpellier Country Park has been part of the Seven Lochs Wetland Park project for the last 5 years and has seen a range of improvements take place, including the Crannog play area and the new interpretive display in the Visitor Centre. Adding to this work in 2023 the project team planned improvements to the Gateway into the park from Blair Road. An update on delivery of these is provided in the report. 1.7 All these projects contribute to the Sustainable Futures theme of the council’s Programme of Work. The net zero led transformation of the Watersports Centre into a health and education hub is a key deliverable for the programme. Under the theme of Climate Adaptation, the Country Parks for the Future program is also a key deliverable aiming to make country parks significant assets for communities, enabling active The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (16) Transform our natural environment to support wellbeing and inward investment and enhance it for current and future generations Programme of Work Sustainable Futures Page 34 of 204
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greenspace use and engaged community involvement which brings improvements for health, wellbeing and other social outcomes. 1.8 The Transforming Places Program of Work recognises that the council needs to invest in cultural and heritage assets to increase community pride and awareness of local heritage, which makes North Lanarkshire an attractive visitor destination, and commits to working with a range of local community groups to celebrate heritage. 2. Report Strathclyde Country Park Masterplan Delivery Watersports Centre Redevelopment 2.1 £2.3 million of external funding from the Public Sector Heat Decarbonisation Fund (Scottish Government) has been secured for the net-zero led redevelopment of the Watersports Centre, tied to reduction of carbon emissions. Delivery of the project will help the council commitment to reach net zero by 2030 by reducing the energy demand of the building by around 90%. 2.2 This reduction is achieved through two key measures. Firstly, the heated parts of the building will be grouped together and heavily insulated, this reduces the heat demand of the building. Secondly a renewable heat source will be fitted to the building. The current design is based on a closed loop water source heart pump which could be installed in the loch, complemented by a Photo voltaic (PV) array on the roof, these renewable sources provide (averaged over a year) a significant proportion of the energy demand of the refurbished building. 2.3 As well as helping mitigate climate change the project will also transform the building to make it fit for modern needs. The 1970’s Watersports centre building will widen its focus to become a green health hub for the whole community. There are four key areas of change: 2.3.1 The current café is on the first floor and this will be moved down to the ground floor benefiting from a mixed indoor-outdoor seating area and a refreshed catering offer. Being highly visible and accessible will encourage new customers into the building, boosting economic activity and engagement with green health provision. 2.3.2 By creating flexible spaces which can be hired and leased on different days for different activities the Green Health Hub will be able to host a range of wellbeing activities, complemented by breastfeeding friendly areas, fully accessible Changing Places facilities and a warm customer welcome based on trauma informed design principles. This ensures all of our residents have the fullest opportunities to improve their physical and mental health. 2.3.3 Encouraging use of the park and facilities by our young people is extremely important. The park is the home of the council’s P7 Outdoor Education program and Edinburgh University Rowing Club and this project will enhance the existing bespoke outdoor education areas within the building and create a new crew room and office space for Edinburgh University. Edinburgh University are also leasing space adjacent to the building to create their own boat store. Partnership with the University and Scottish Rowing is leading to a wider range of pathways to encourage local young people into the sport and to access the Page 35 of 204
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unique international standard facility on their doorstep. A further update on local pathway provision will be reported to a future meeting of the committee. 2.3.4 Temporary buildings in the car park of the current Watersports Centre host arboricultural services, access staff, countryside rangers and other greenspace staff. These spaces are reaching the end of their lifespan. This project will create a bespoke arboricultural base separate from the Watersports Centre. The remaining staff in the current temporary building will be moved into new office accommodation created by extending out onto the first-floor terrace of the current Watersports Centre building. The new offices have been designed to meet the new 50:50 hybrid working pattern and are based on hot desking principles with breakout pods, meeting rooms and audio pods to create space for efficient in person collaboration and online working for mixed teams. 2.4 The Scottish Government took a decision in November 2023 to discontinue their Green Growth Accelerator capital grants program. Given the compelling research and business case already established, Greenspace projects team has now secured the necessary budget to progress this transformative carbon reduction NL project from the following sources. • NLC 2024-2029 Capital Program - £9million • Public Sector Heat Decarbonisation Fund (PSHDF) - £2.3million • Country Parks for the Future budget - £1.5million • Place Based investment Program - £950k (subject to SG confirming allocation for new financial year) • Shared Prosperity Fund - £400k (subject to SG allocation for new financial year) 2.5 A Contract Strategy has been prepared and approved for this procurement. The professional services required to deliver the project have so far been commissioned through Hub South West, and the project team intend to continue to use that route. 2.6 The project is currently forecast to take 2 years to complete. The first phase of the project will see the terrace extension and insulation works carried out. These must be progressed by March 2025 in order to comply with the conditions of the PSHDF grant. The second phase of the project will involve installing the renewable energy solutions and completing the internal alterations and finishes required to reopen to the public. 2.7 In order to keep pace with the tight timeline for the project we intend awarding the construction contract by October 2024. This will take place using the established Hub SW procurement route. An indicative timeline for the works will be available in autumn 2024, from the main contractor, once design works are complete. Given the timescales associated with the project and potential funding implications, it is recommended the Committee authorises the Chief Officer (Legal and Democratic) in conjunction with the Chief Officer (Community Operations) to progress the award of the contract for the Redevelopment of the Watersports Centre of circa £14 million following completion of the procurement process undertaken with Hub South West. If approved, a report providing more detail of the procurement process and its outcomes shall be reported to the next available committee meeting. 2.8 The main risks associated with the project are associated with meeting the timescales for spending external grants and ensuring the carbon reduction targets are met. Emissions will be monitored to check performance once the building is reopened. In order to mitigate the risks, sufficient staff capacity across all specialities must be Page 36 of 204
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committed to the project. A project board is in place to manage these risks and reports to the Sustainable Futures board. 2.9 The project forms part of a suite of complementary projects across the park which over time will build up to create a high quality recreational, educational and tourism resource meeting the needs of the population of North Lanarkshire. Continued commitment to the holistic Country Parks for the Future vision will be required to achieve this. 2.10 Since the last report to this committee in August 2023 there has also been progress in in delivering the following smaller projects from the approved pipeline: 2.11 The Gathering Space, North Lanarkshire’s community co-created Covid-19 Memorial art project, which finished in July 2024. This work was part of a Scotland wide government funded project to create a Covid-19 memorial in each local authority area. The process of co-creation was reported to this committee in August 2023. The finished installation takes the form of a circular plaza with tiered seating around part of the circumference, decorated by art panels and coloured inserts to the paving. In spring 2024 representatives from each local area planted a tree to provide a green backdrop to the memorial and residents have also helped sow wildflower seeds. The Gathering Space has a peaceful view of the loch and is easily accessed from the Beach carpark which has also just been resurfaced and relined. 2.12 During 2023 an Artist in Residence Program took place in the park which resulted in the upgrading of the picnic pavilions and the conversion of the old Starters Portakabin into an Art bothy. Sculptures have also been commissioned to highlight the Mega Flora wildflower areas which have been created to connect nature in the park and surrounding grassland. The sculptures complement the existing interpretive panels which explain the multiple benefits of more nature-based grassland management. Strathclyde Country Park will also host Active and Creative Communities Travelling Gallery on the 10th of July 2024 and have contributed to North Lanarkshire’s new Art Strategy. 2.13 A new interactive travel map (Interactive map for Strathclyde Country Park | North Lanarkshire Council) complements access upgrades which have created important links on recreational and commuting routes through the park. Palacerigg Country Park Masterplan Delivery 2.14 Big changes are planned for Cumbernauld through the Town Centre vision, enabled by the council’s acquisition of the shopping centre, and the progression in delivery of two large Community Growth Areas immediately adjacent to Palacerigg Country Park which will bring thousands of new residents to the park doorstep. Forward planning is needed to prepare the park for this additional pressure and ensure the health and wellbeing needs of Cumbernauld residents are met through a regional country park attraction. 2.15 As reported to this committee in August 2023, work to deliver the Masterplan at Palacerigg centres around the three key aims for the park, determined in consultation with the residents of Cumbernauld, which were Access, Community and Play. 2.16 Over the past year community organisations involved in the site (Palacerigg Community Trust and Watch us Grow) have worked alongside the Greenspace Projects Team, other stakeholders on site, council departments delivering services in the park, and the wider community to prepare funding bids for Masterplan projects and the Playful Landscape Plan for Palacerigg Country Park. The Palacerigg Community Trust have Page 37 of 204
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an active Community Asset Transfer request under consideration to run community based services from the visitor centre and some associated buildings and fields. 2.17 The largest of the funding bids is an application to the National Lottery Heritage Fund, submitted in February 2024. Feedback on the development year plan was received in June 2024 requesting some alterations and additional information. This is currently being gathered and an updated proposal will be submitted in November 2024 (with a decision expected early 2025). A second bid to NHLF for capital funds to deliver the plans would then be applied for to deliver change over a 3 year period. 2.18 If the funding is provided by NLHF it will secure around 60% of the funds required to: • Improve the energy efficiency of the community use buildings in order to reduce running costs and carbon emissions. • Restore existing features and create ‘destination’ level attractions in the park linked to the creative, social and natural heritage of the site. • Improve visitor facilities such as signage, wayfinding, active travel routes connecting to communities and car parking. • Provide opportunities for local people to be involved in the program of activity and gain skills and experiences as a result which improve their lives. • Run events and activities for the whole community attracting a wider range of visitors to the park, improving their health and wellbeing while showcasing the important heritage of the park. 2.19 Additional fundraising will be required to resource the remaining 40% of the project budget. A variety of possible sources have been identified and work is starting with the community organisations to prepare and submit applications where funding deadlines are imminent. Part of the bid is funding for a temporary Project Officer and Project Assistant dedicated to development for the first year with the possibility to extend their contracts for a further 3 years if delivery funding was secured. 2.20 The anticipated value of the full program is circa £5million. The value of the submitted NLHF application is circa £3million. Drumpellier Country Park 2.21 Since the report to this committee in August 2023, the planned upgrades to the Blair Road entrance to Drumpellier Country Park have been completed. These include a new hard surfaced car park with demarcated blue badge bays, a Nature Connector Route which leads from Blair Road to the Visitor Centre, and a new interactive App for the park. This suite of improvements ensures residents at the eastern edge of the park receive improved health and wellbeing access to the full suite of facilities available at Drumpellier Country Park, gateway to the Seven Lochs. 2.22 The Nature Connector Route has been funded in part through Scottish Government Nature Recovery funding, and combines environmental improvements such as invasive species removal, tree planting, wildflower meadow establishment and pond creation. These improvements are highlighted for public education/ enjoyment through eye- catching features such as carved wooden bee posts, metal hibernacula with art panels, tree rubbing posts and interpretive panels with wildlife information. They will be Page 38 of 204
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complemented with wildlife cameras later in the year uncovering the secret lives of different creatures, like owls and otters, who make their homes in Drumpellier Country Park. 2.23 An interactive App for Drumpellier is being delivered with support from the Shared Prosperity Fund. The launch was timed to coincide with the start of the school summer holidays and encourages local families and tourists to spend longer exploring the Country Park. The app is free for customers to use and features three routes around the park. As visitors travel around the park the app keeps them on the right track, and at pre-determined points brings up information and questions from a fun quiz for them to try and answer. There are also features like augmented reality masks which enable the user to create quirky ‘selfies’ of themselves as unusual animals. Engagement with the app content will be monitored over the next year to test whether a broader roll out of smart phone app content could encourage increased use of greenspaces in North Lanarkshire. 3. Measures of success 3.1 90% reduction in carbon emissions associated with the current Watersports Centre Building in Strathclyde Country Park 3.2 Removal of 1 temporary building and restoration of 1 building at Strathclyde Country Park. 3.3 Enhanced health and wellbeing facilities attract 20% increase in visitors to both Strathclyde and Palacerigg Country Parks 4. Supporting documentation No support documents. Lyall Rennie Chief Officer (Community Operations) Page 39 of 204
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Both projects will enhance accessibility and positively contribute to delivering services in a more equitable way. If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☒ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? If the external funding bids are successful NLC will need to find a minimum applicant contribution towards the Palacerigg project as well as sourcing additional external grants to complete the full budget. This will be discussed with finance once the main funding situation is clarified. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Page 40 of 204
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Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? All projects contain works which help contribute to our aim to be net zero by 2030. 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The good news stories associated with all projects should be communicated to the public and NLC Comms staff are developing a planned program of coverage. 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? There are expected financial, reputational and resourcing risks associated with any externally grant aided program of activity and these are detailed in the risk registers for each individual project. 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). Page 41 of 204
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The WSC contains provision for the p& Outdoor Activity program and this is aimed at young people below 18. Detailed stakeholder engagement is in place to ensure the project provides positive improvements for these young people. If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☒ Page 42 of 204
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North Lanarkshire Council Report Environment and Climate Change Committee Does this report require to be approved? ☒ Yes ☐ No Ref LR/JA Date 21/08/24 Winter Service Policy and Procedures 2024/25 From Lyall Rennie, Chief Officer (Community Operations) E-mail renniely@northlan.gov.uk Telephone 07855 193500 1. Background 1.1 Under Section 34 of the Roads (Scotland) Act, 1984, North Lanarkshire Council has a statutory obligation to take such steps as it considers reasonable to prevent snow and ice endangering the safe passage of pedestrians and vehicles over their public roads which by definition includes carriageways, footways and footpaths. 1.2 This does not mean that all roads and footways must be treated as soon as ice formations or snow accumulations exist. To do so would be impossible and out with the Executive Summary This report presents Elected Members with details of the proposed Winter Service Policy and Procedures for 2024/25. The council has an obligation under the Roads (Scotland) Act 1984 to take such steps as it considers reasonable to prevent snow and ice endangering safe passage of pedestrians and vehicles over public roads. This obligation is discharged through the council’s term maintenance contractor. To ensure that these obligations are met the council is required to annually review its processes and procedures and approve an annual refresh of its policy. Recommendations It is recommended that the Environment and Climate Change Committee: (1) Considers the contents of this report and accompanying appendix. (2) Agrees the proposed Winter Service Policy and Procedures 2024/25 as the base for winter service delivery in the coming year. (3) Agrees that a future report be submitted regarding grit bin provision and use prior to the 2025/26 winter period. The Plan for North Lanarkshire Priority Improve North Lanarkshire's resource base Ambition statement (17) Ensure we keep our environment clean, safe, and attractive Programme of Work Statutory / corporate / service requirement Item 6 Page 43 of 204
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limit of the resources available, and the Courts have recognised that it would not be reasonably practical to do so. Nevertheless, to deal efficiently and effectively with winter events, operations need to be planned in a systematic manner and it is therefore essential that a policy with clearly defined priorities is established. 1.3 The policy outlines how the winter service will be delivered across the council and how the road network has been prioritised for carriageways, footway, footpaths, and cycle routes. The policy also details the levels of service that are to be achieved and procedures around the winter decision making process. 2. Report 2.1 The Winter Service provided by the council takes cognisance of the recommendations in the document Code of Practice ‘’Well-Managed Highway Infrastructure (2018)’’ for Highway Maintenance Management. Winter Service reviews are undertaken annually to determine how the service can be improved with the resources available. A contingency plan has been prepared for extreme weather events. 2.2 Plans indicating the Primary and Secondary roads within each ward will be circulated to Local Members and relevant information placed on the council web site. Copies of the document will also be distributed to those listed in Appendix C of the document. Overview of Weather Conditions Over Previous Year 2.3 In terms of the weather conditions through the winter period. In October temperatures were just above the 1991-2020 average and it was wetter than normal with rainfall up 21.3% on the 1991-2020 climate average rainfall with well over 100mm of rain falling in parts of the west. Storm Babet impacted parts of Scotland on the 19th resulting in Widespread and significant flooding in parts of Scotland. 2.4 November saw temperatures lower than average and it was also drier than average with 91% of normal rainfall. Storm Cairan impacted the south of Scotland however there was widespread and heavy rain, including much of the Central Belt experiencing 30-40mm across the region. The picture of rainfall continued for most of the month. 2.5 Temperatures in December were slightly above average, and it was also an unsettled and wet month with rainfall being 61.6% higher than average. Snow showers affected the Central Belt at the start of the month. 2.6 In January temperatures were a little below average in Scotland frost and rainfall above average. Weeks beginning the 8th and 15th saw periods of snow across much of Scotland including the Central Belt. 2.7 February was again a relatively mild and unsettled month with the temperature and rainfall being 1.1C and 18.4% respectively, above the means. 2.8 March started colder than average then largely remained above average through the rest of the month. Temperatures were around the average in April, although it was an unsettled month with rainfall 72.5% higher than the 1991-2020 climate average. Winter Service Review 2.9 Winter Service reviews are undertaken annually to determine how the service can be improved with the resources available. A review of the winter period was undertaken Page 44 of 204
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on the 13 June 2024 in conjunction with the council’s partners Amey Public Services which covered a range of items such as fleet, operations, monitoring of service, resources, health, and safety etc. The key points are detailed further below. 2.10 The current partnership with APS operates a multi-functional fleet meaning that vehicles can be used for both traditional road works and winter services. APS continue to renew older fleet as it reaches end of life. During this period APS brought in 2 additional Muli-Purpose Vehicles which increased their resilience prior to the winter period of 2024/25. Once again, the summer servicing of the tractor fleet had a very positive impact which helped limit mechanical failures. The new tractor unit replacement program was completed prior to the start of the Winter period last year, with a move to the John Deer model. The performance of the tractors was again closely monitored by North Lanarkshire Council and APS and it was found that additional access to tracking information would be helpful in determining when the routes are being treated. This year their overall performance was good however there were concerns expressed in some locations when snow had solidified on footpaths. the current treatment did not seem to thaw the snow therefore it was agreed that other treatments be investigated for these situations. 2.11 APS continue to maintain a sufficient driver resource and reported a positive upturn in the recruitment of qualified drivers. They also continue to maintain high standards of driving via their Driver Certificate of Professional Competence (DCPC) training program. 2.12 During the winter period we experienced no systems failure with the forecasting information from MetDesk. However, due to a very varied level of cloud cover during periods the forecasts were a little more difficult to predict and, in these instances, a worst-case scenario forecast was delivered and actioned. In addition to this, the MetDesk forecasts are delivered at 12 noon and on a couple of occasions they were delivered slightly late, however this did not affect the treatment, outcome, or delivery. This matter was immediately brough to the attention of our providers and was discussed at the West of Scotland Local Authority weather consortium meeting and assurances given by the provider that measures were put in place to avoid a reoccurrence. MetDesk will be working closely with the West of Scotland Local Authority Weather Forecasting Partnership (WoSLA) over the summer months to introduce a rolling 72 hour forecast which will assist in planning treatments. Weather Station Improvements 2.13 As part of the winter service and to assist in the forecasting of conditions, the council operates five weather stations at the A803 Kilsyth, B7066 Hirst, A73 Brownshill, A73 Stand, and Sikeside Street, Coatbridge. The weather stations provide a range of information including road surface temperature, road condition, wind speed etc. and the A803 Kilsyth is currently the only station not fitted with a camera to enable real time information to be viewed by decision makers. 2.14 The weather station at the A803 Kilsyth is a solar power station and as such it was not possible to have a camera as part of this site. This site was identified being at the end of its life and members were previously advised of proposals to relocate the station to enable a power connection which would allow a camera to be installed when the site is upgraded. This work was identified for completion last financial year however due to land ownership issues it is now anticipated to be completed for the commencement of the forthcoming winter period. Page 45 of 204
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2.15 Members were also advised previously of plans to further enhance the available road condition information by installing a new a Groundcast (underground) and Tempcast (above ground) sensor which would be located on the A89 Airdrie Road – East of Raiziehill Farm, within the east domain. This sensor will operate for a period of three years and help inform whether an additional weather station in the east domain would help improve forecasting information and service delivery, this work was completed in September 2023. Route Forecasting Trial 2.16 Members were previously advised of trials relating to route-based forecasting. These trials have been undertaken for the last two years with a view to reducing the salt used as part of the winter service. The data from the exercise has been considered and the desired salt savings would not have come to fruition if route-based forecasting was in place. It is therefore proposed to cease any further trials and remain undertaking winter treatment on the current domains detailed within the policy. Industry developments and innovation will continue to be monitored and where changes to existing procedures would provide a benefit this will be reported to committee at that time. Member/ Officer Working Group 2.17 At the Environment and Place Committee of 24 August 2022, it was agreed that a member officer working group would be established to review the allocation of salt bins throughout the Council area and determine how to maximise community resilience. 2.18 There were two meetings of the working group in March and June of 2023 and one of the actions was to data gather regarding filling of grit bins and this was to be reported as part of this report for the approval of the Winter Service Policy and Procedures 2024/25. Whilst the data has been gathered, the analysis will take longer than anticipated and as such it is proposed to bring back a separate report on grit bins detailing the outcome of this exercise. This report would help to inform the position on grit bins and ensure an equitable provision across North Lanarkshire an advance of the 2025/26 winter period. 3. Measures of success 3.1 The road network is generally available for residents, commerce, and blue light services to use safely throughout the winter period enhancing North Lanarkshire as the place to live, learn, work, invest and visit. 4. Supporting documentation Appendix 1 – Winter Service Policy and Procedures 2024/25 Lyall Rennie Chief Officer (Community Operations) Page 46 of 204
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 48 of 204
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Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 49 of 204
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APPENDIX 1 Contents Page No 1. INTRODUCTION 2 2. POLICY 2.1 Treatment of Roads 3 2.2 Salt Stock Levels 5 2.3 Level of Service 5 3. PROCEDURES 3.1 Preparation of Routes 6 3.2 Meteorological Reports 6 3.3 Decision Making Process 7 3.4 Resources 8 3.5 Road Condition Reports 8 3.6 Liaison with Police 9 3.7 Warning Signs 9 3.8 Road Closures 9 3.9 Salt Bins 9 3.10 Community Salt Stocks 10 3.11 Keeping and Retention of Records 10 Appendix 'A' - Plan of Council Areas 11 Appendix 'B' - Office and Contact Details 12 Appendix 'C' - Distribution List 12 Appendix 'D' - Salt bin decision matrix 13 Page 50 of 204
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NORTH LANARKSHIRE COUNCIL WINTER SERVICE 1. INTRODUCTION Under Section 34 of the Roads (Scotland) Act, 1984, North Lanarkshire Council has a statutory obligation to take such steps as it considers reasonable to prevent snow and ice endangering the safe passage of pedestrians and vehicles over their public roads which by definition includes carriageways, footways and footpaths. The A725, A8 trunk roads and the M73, M8, M80 and M74 motorways are the direct responsibility of the Scottish Government. It is the aim of North Lanarkshire Council as the local Roads Authority to:- (i) provide a standard of service on public roads which will permit safe movement of vehicular and pedestrian traffic appropriate to the prevailing weather conditions; (ii) establish a pattern of working which will keep delays, diversions or road closures to a minimum during adverse weather conditions; (iii) conduct operations having regard to the requirements of the Health and Safety at Work Act, 1974. This winter service policy has been developed taking account of Well Managed Highway Infrastructure A code of Practice (2018)’. This document is supplemented by a Winter Service Operational Plan developed in conjunction with our service provider and updated annually. The provision of the service is supported by the Council’s Customer Services Hub. Page 51 of 204
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2. POLICY 2.1 TREATMENT OF ROADS North Lanarkshire Council has the following priorities for treatment of carriageways and footways/footpaths that has been formulated on a hierarchical basis: CARRIAGEWAY PRIORITIES Primary Road Network These roads are treated on a Precautionary Salting basis All ‘A’, ‘B’ and some ‘C’ classified roads, main distributor roads; main roads in the vicinity of schools; access roads to hospitals, ambulance depots, main police stations and fire stations, and main bus routes. Other main roads steeper than 1 in 10 gradient (10%) and roads that are of local or national importance for the delivery of essential services. Where severe weather conditions are predicted these roads will be pre- salted and this will normally be carried out before the morning peak. Depending on weather conditions this could also involve an evening pre-salt. Where severe conditions such as snow persist, resources will remain concentrated on these roads. Secondary Road Network These are treated on a Post Salting basis, except as described for schools. Secondary distributor roads; access to isolated villages and rural communities; a main access road to each school; rural through routes not included above; spine roads into residential and industrial areas. Residential areas with road gradients steeper than 1 in 12.5 (8%), where the length of gradient exceeds 100m and where specific difficulties have been identified and where it is practical to do so. Secondary roads will be post treated when road surface temperatures are forecast to stay below zero for a significant period beyond 12 noon, following the precautionary treatment of the primary road network. Where road surface temperatures are forecast to stay below zero for a significant period beyond 12 noon and when resources are available secondary routes will be pre-treated to improve travel to school. Other Roads These are treated on a Post Salting basis. On the satisfactory completion of post salting of the abovementioned roads and if severe weather conditions persist, the remaining road network will be treated on a reactive basis. Treatment will be dependent on resources and changing weather conditions. Depending on weather conditions, treatment of the remaining network may take several days from onset of severe weather as priority will be given to, and concentrated on, the above stated road hierarchy. Post salting will only be undertaken if severe weather conditions are likely to extend for a significant period beyond 12 noon. Post salting operations will normally be undertaken out with the morning peak. During a period of prolonged severe weather conditions forecast to last longer than 7 days, blue light enquiries will be prioritised, and priorities will also take into account funerals, weddings, births and anyone requiring immediate hospital treatment (the council will coordinate this element of operations with NHS Lanarkshire). Reactive squads will Page 52 of 204
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FOOTWAY, FOOTPATH AND CYCLE ROUTE PRIORITIES Primary Path Network - Treated on a Precautionary Salting basis Urban Shopping areas, precincts, and main pedestrian routes remote from carriageways which link major residential /commercial / industrial / educational facilities. Secondary Path Network – Treated on a Post Salting basis. Footways and Footpaths not covered above and Cycle Routes The treatment of primary path network will normally be carried out before the morning peak. The Secondary path network and other paved areas shall only be considered for treatment in times of persistent ice or snow. also prioritise special education needs schools, cemeteries, council sheltered housing and ice on ponds. In some cases, roads may remain untreated until weather conditions ease. Snow Clearing Operations Following the onset of heavy snowfalls the maximum available fleet of ploughing vehicles will be utilised. These operations will continue whilst snow is still falling with resources targeted to keep arterial routes open. After snow has stopped falling but is still lying, routes will be treated in line with salting priorities as resources permit. During prolonged events forecast to last more than 7 days additional resources supplied by Land Management or other resources will be deployed. Patrolling When marginal forecasts predict temperatures approaching but not expected to dip below zero degrees and when forecasters are low in confidence about their predictions, patrolling takes place. This operation is principally to check what the actual road conditions are on the network. A representative sample of the network will be patrolled to identify if a full pre-cautionary salt is necessary. Page 53 of 204
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2.2 SALT STOCK LEVELS In extreme conditions salt stock levels can fall significantly in a very short period. In certain rare and unusual circumstances normal re-stocking of salt has in the past been prevented by external forces out with the control of the Council and its partners. If such an occurrence is repeated in the future, to conserve limited salt stocks, the winter service provision will be dedicated to the treatment of the primary networks only. APS have covered storage areas that hold a maximum of 10,000 tonnes of salt. The salt held in stock is monitored on a weekly basis to ensure that the average stock level of 7,500 tonnes is maintained during the high season. This average stock level is reduced to 4,500 tonnes at the end of February. The Council also has a covered strategic salt stock of 10,000 tonnes to enhance corporate resilience for the delivery of all services during periods of prolonged severe winter weather. 2.3 LEVEL OF SERVICE The decision to initiate winter service operations will normally be based upon the forecast received from the council’s weather service provider during the winter period. These forecasts will be provided every day at 0600hrs, 1200hrs and 1800hrs (including weekends and public holidays) to staff providing the winter service. In addition, the weather service provider will contact the Council’s partner, APS if there is any major change in the projected weather conditions. Winter service operations will also be initiated by APS on confirmed reports of adverse weather conditions. As the decision to initiate winter service operations will normally be based on the weather service forecast, it is proposed where possible to treat primary roads out with the hours of peak traffic flows. Therefore, it is intended that the treatment of all primary roads will be completed prior to the morning peak (0730 hrs). Where forecasts indicate adverse conditions in the evening, all reasonable effort will be made to treat primary roads out with the evening peak, but this will not always be practicable. Primary Path Network salting operations will be generally undertaken between the hours of 0500 hrs and 0800 hrs. Following prolonged periods of cold dry weather salting may not be undertaken if it is considered that sufficient residual salt is present. If severe weather is forecast in the evening, treatment of footpaths will be undertaken during daylight hours where there is no residual salt present and heavy precipitation is not forecast. Carriageway treatment will normally be undertaken within the following timescales. • Primary Road Network – completed within 3.5 hours of commencement of treatment. • Secondary Road Network – completed within 3.5 hours of the completion of Primary roads network, subject to weather conditions and the need to repeat treatment on the primary road network. • Other Roads – these are dependent on weather conditions and resource availability and may be measured in timescales of several days from onset of severe weather. Page 54 of 204
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In recent years several attacks on the winter fleet have been perpetrated by individuals throwing missiles. This has caused damaged to vehicles and had the potential to seriously injure winter service operatives. Where such instances occur, the service will be withdrawn / restricted until a risk assessment considers it is safe to reinstate the normal level of service. 3. PROCEDURES 3.1 PREPARATION OF ROUTES Prior to the commencement of the winter service period, the council’s roads winter service contractor will prepare a list of priority routes based on the carriageway, footway, footpath and cycle path priorities shown in section 2. However, to minimise unproductive mileage some roads in a lower category may be treated out of sequence. A full set of priority routes will be kept by the Chief Officer (Community Operations). The winter service provider will also have a full set of routes. Any alterations to the carriageway, footway and footpath priorities will be notified in writing to the roads winter service contractor who will make the necessary adjustments to the routes. 3.2 METEOROLOGICAL REPORTS Arrangements shall be made by the Chief Officer (Community Operations), through the West of Scotland Weather Consortium, for the weather forecast to be provided for the North Lanarkshire Area from early October to the middle of May each year. The weather service provider will provide the Council and it’s roads winter service contractor with the forecast each day at 0600hrs, 1200hrs and 1800hrs and any other weather warnings out with these times throughout the winter service period. The Council will ensure that weather service provider is provided with the telephone numbers of the members of staff responsible, on a rota basis, for initiating action out with normal working hours. The roads winter service contractor and the Council’s staff have the facility at any time to contact the weather service provider’s duty forecaster to discuss/clarify the forecast. All staff involved in decision making for the delivering of the Winter Service shall be trained in the interpretation and comprehension of climatic, temperature and weather conditions and forecasts. Page 55 of 204
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3.3 DECISION MAKING PROCESS The topography of North Lanarkshire is such that three distinct geographical areas of potential climatic variation have been identified. The weather forecast provides information for these geographical areas to reflect different climatic conditions. These forecasts will be used by the council’s roads winter service contractor to determine and plan the scope of work necessary and to minimise unnecessary treatment and action. The winter service period is split into a High and a Low Period. During the High Period, mid-October to mid-April, the council’s roads winter service contractor has resources on standby to react to prevailing weather forecast. During the Low Period, between early October and mid-October and mid-April to mid-May the council’s roads winter service contractor may not be on standby and therefore reaction times may be greater. These periods can be altered as required to reflect longer term weather forecast. When the staff member of the council’s roads winter service contractor receives the weather forecast at 1200 hours they shall make a decision on whether or not action is required. All proposed actions will be acknowledged by the Client standby officer. Further, the Client reserves the right to amend the proposed action if deemed necessary. The Client standby officer will approve all actions. The Council has access to 5no. weather stations to assist the decision-making process. When updates to the forecast are received out with normal working hours the staff member on standby for the council’s roads winter service contractor shall take appropriate action based on the update. If there is a significant change to the weather forecast and / or proposed actions the appropriate Client staff will be informed. During periods of low temperature, if there is uncertainty about the course of action required by the update, consultation will take place with trained members of staff and /or the duty forecaster from the weather service provider. The provision of an internet Weather Consortium Message Board for posting of decisions taken by North Lanarkshire Council and by adjacent Authorities will allow continuity of service to be monitored and action taken where it is considered appropriate. North Lanarkshire Council actions will be posted together with updates to proposed actions. Decisions taken regarding North Lanarkshire routes will be recorded on the Winter Service electronic management system. . Page 56 of 204
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3.4 RESOURCES (a) Salt Under the Road Street Lighting and Winter Services contract, it is the responsibility of the council’s roads winter service contractor to organise the provision of salt to each depot and ensure the levels of salt do not fall below the prescribed minimum levels. At main recycling centres within the Council Area, a single quantity of 20kg or less of sand salt mix will be available for issue free of charge to the public, subject to them supplying a suitable container. (b) Personnel The council’s roads winter service contractor will provide a stand-by rota of supervisors and manual operators for the winter service period. Standby will commence in mid-October and continue until the middle of April. However, this period may commence earlier or finish later should conditions warrant. During moderate winter weather it is envisaged that resources from the council’s roads winter service contractor will be able to provide the level of service described in section 2.2. In extreme conditions, however, additional labour may be required from other sources, including other services of the Council. (c) Plant During the summer period, all equipment for salting roads and clearing snow will be maintained to ensure it is in working order prior to the start of the winter service period and where appropriate ensure that ancillary items can be fitted to vehicles without difficulty. The council’s roads winter service contractor will provide a communications system between the depot and all the winter service fleet. The winter fleet is fitted with data logging and a Geographic Positioning System (GPS). 3.5 ROAD CONDITION REPORTS Each working day throughout the winter service period, a daily report of the operations that have taken place during the previous 24 hours will be available on the electronic manager system. The report shall provide information on routes treated, salt used, time operations started, roads closed, additional resources used and details of any other major problem. The report is available to the Chief Officer (Community Operations) and the Roads Teams, any major incident will be reported immediately to Client staff. Page 57 of 204
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3.6 LIAISON WITH POLICE In recognition of the role of the Police during difficult weather conditions, the council’s roads winter service contractor shall advise the Police of all adverse forecasts relating to winter operations. The council’s roads winter service contractor shall also request appropriate assistance from the Police when moving equipment, arranging road closures, and dealing with abandoned vehicles. Where appropriate, the council’s roads winter service contractor shall advise the Police at the Force Control Room of all extreme adverse road conditions, including roads closed or conditions which may lead to roads being closed. The Police may report such matters to the broadcasting authorities. Such communications will be followed up by reports on progress and clearance, particularly when conditions are returning to normal. On request to their Group Traffic Superintendent, the Police have agreed to assist the movement of ploughs and salting vehicles on principal traffic routes. The council’s roads winter service contractor shall issue out of hours rotas (including amendments) to the Chief Constable, Divisional Commander's Office and local Police Offices. Reports from the Police regarding dangerous road conditions shall be acted upon by the council’s roads winter service contractor’s designated staff on stand-by as soon as practicable, having regard to priorities in this document and the conditions pertaining throughout the Council's area. 3.7 WARNING SIGNS The Chief Officer (Community Operations) shall at appropriate locations arrange for the erection of signs giving warning of sections of road liable to icing. 3.8 ROAD CLOSURES Where a road is closed, the council’s roads winter service contractor is responsible for ensuring that the Police and Council staff are advised and that appropriate signs are erected. When the road continues into an adjoining Council area that Council shall be kept informed. 3.9 SALT BINS Salt bins will be provided in the vicinity of all school. They may also be provided at specific locations to assist the local community in areas not on priority routes or at known trouble spots including steep gradients and sharp bends. Bins will only be provided at those locations that meet the minimum scoring criteria set out in appendix D and where agreement can be reached with the adjacent property owner/ occupier. It is intended that these salt bins are for the self-use of the public as an enhancement to the service provided by the Council. Records of existing salt bin locations are held by the Chief Officer (Community Operations) and detailed on the Council’s winter service webpage. Page 58 of 204
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3.10 COMMUNITY SALT PILES Community Salt Piles will be provided at the following locations, establish for the winter of 2021/22. • Coatbridge - Time Capsule Coatbridge • Airdrie – Airdrie leisure Centre • Bellshill – Matt Busby Centre • Motherwell – aquatec • Wishaw – sports centre • Kilsyth – sports centre • Cumbernauld – Broadwood stadium • Shotts – sports centre • Northern Corridor – Ian Nicholson Centre • Salsburgh - Community Centre • Viewpark – Car park at Burnhead CC • Croy – area at hub • Newmains – NCT Centre • Moodiesburn – Pivot Centre 3.11 KEEPING AND RETENTION OF RECORDS Appropriate records will be kept of the following by the council’s roads winter service contractor :- (a) The weather forecasts, including updates. (b) Decisions taken based on the weather forecasts. (c) Decisions taken based on other reports. e.g. police reports. (d) Maximum and minimum air temperatures at each depot. (e) Details and timings of routes salted. The council’s roads winter service contractor will be responsible for preparing and retaining the above records for a minimum period of 7 years. Records from the Council weather stations are held by the service provider. Page 59 of 204
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APPENDIX A PLAN OF NORTH LANARKSHIRE AND WEATHER DOMAINS Page 60 of 204
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APPENDIX B – CONTACT INFORMATION It should be noted that the service cannot react to individual requests for streets to be treated/ cleared therefore individual requests are no longer logged. All enquiries relating to the filling of and request of new salt bins should be directed to the following New salt bin - Grit bin: request a new grit bin | North Lanarkshire Council Refill a salt bin - Grit bin: request refill | North Lanarkshire Council Website: www.northlanarkshire.gov.uk In the event of an emergency Police Scotland should be the first point of contact. APPENDIX C – DISTRIBUTION LIST Internal :- North Lanarkshire Local Elected Members Chief Executive Depute Chief Executive Chief Officer (Legal and Democratic) External :- Trunk Road Operators Amey Public Services LLP Automobile Association (AA) Chief Executives of Adjacent Councils :- (East Dunbartonshire, South Lanarkshire, City of Glasgow, West Lothian, Falkirk, Stirling) Community Councils Grid Controller, Scottish Gas Road Haulage Association Royal Automobile Club (RAC) Scottish Ambulance Service Scottish Government Scottish Fire & Rescue Service – Service Delivery Director - West Scottish Fire & Rescue Service – Chief Officer Strathclyde Partnership for Transport (Local Bus Companies distributed via SPT) Police Scotland - Divisional Commanders Scottish Road Partnership Project Ltd Page 61 of 204
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APPENDIX D – SALT BIN DECISION MATRIX Road name and number Is there a grit bin within 300m of the location* If yes do not proceed with assessment Would this bin be placed on a public road If not do not proceed with assessment Is there a suitable hardstanding location for a salt bin If not do not proceed with assessment Is there agreement from the adjacent property owner/ occupier If not do not proceed with assessment Characteristic Severity Standards Score Assessed Score Gradient Gradient (>1 in 20) Gradient (<1 in 20) 20 0 Bend Bend (> 90 degrees) Bend (< 90 degrees) 10 0 Close proximity to and falling towards A or B class Roads Unclassified/ residential roads 10 0 On a treated route Primary carriageway -10 Vertical traffic calming measures Yes No 10 0 Any special features (Hospital, doctors surgery) Yes No 20 0 Total of 20 or above qualifies *The 300m distance would be the walking distance using the existing footways/ footpaths, shared surface, and shared spaces. Page 62 of 204
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Business Regulation Service Plan 2024-2025 North Lanarkshire Council Report Does this report require to be approved? ☒ Yes ☐ No Ref IM/PB Date 21/08/24 From Lyall Rennie, Chief Officer (Community Operations) E-mail RennieLy@northlan.gov.uk Telephone 07855 193500 Executive Summary All local authority regulators of food law and occupational health and safety law must plan their enforcement and advisory activities and, in accordance with independent auditor preference, present that plan before a relevant committee for its approval. The report provides a summary of the service plan for the Council’s Business Regulation Service which fulfils the Council’s obligations in respect of food law and health and safety law. A copy of the service plan is enclosed at Appendix 1. Recommendations It is recommended that the Environment & Climate Change Committee: (1) Approve the Business Regulation Service Plan 2024-2025. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (14) Ensure the highest standards of public protection Programme of Work Statutory / corporate / service requirement 1. Background 1.1 The Business Regulation Service is a team with Community Operations’ Protective Services and is responsible for the delivery of the statutory enforcement and advisory service for: • Food law within all food establishments within North Lanarkshire; and • Occupational health and safety law in those premises within North Lanarkshire for which they have an enforcement responsibility (health and safety enforcement within premises being split between local authorities and the Health & Safety Executive (HSE) depending upon the nature of the business). Environment & Climate Change Committee Item 7 Page 63 of 204
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1.2 The Service is required to prepare an annual plan which clearly maps out specific aims and objectives for the financial year. 1.3 Food Standards Scotland (FSS) advocates that transparency is best achieved by seeking and obtaining the approval of elected members. FSS has the primary objective of protecting the health and other interests of consumers in relation to all food issues. 1.4 HSE’s national ‘Local Authority Enforcement Code’ requires us to be accountable to the public and businesses for our actions. This can be achieved by the publication of our service plan. 1.5 A copy of the service plan is enclosed at Appendix 1. 2. Report Food Law Code of Practice Recovery Plan 2.1 FSS granted dispensation to local authorities to deviate from their annual food inspection plans from 30/03/2020 due to the restrictions imposed during the Covid pandemic, and to enable re-tasking of Environmental Health officers to undertake wider public health duties related to Coronavirus legislation. The dispensation ended on 31/08/2021, at which point local authorities commenced work recovery plans in this area. 2.2 During this financial year we will continue to implement the inspection recovery plan, from year 3 into year 4 of the 5-year rolling plan. We have undertaken extensive risk rating and forward planning to ensure that FSS remain satisfied that we are adopting an appropriate recovery plan to ensure that all premises receive the required inspection visits within a practicable and programmed timeframe. Food Law Performance Targets 2.3 The service plan details resources and targets for inspections and interventions in respect of food law, including: • Achieving a target of at least 80% of all our programmed food law inspections within agreed timeframes. This is an increase on last years’ target which was set at 75%. • Ensuring at least 90% of our food business operators’ premises achieve a ‘Pass’ status in accordance with the national Food Hygiene Information Scheme (FHIS). This is an increase on last years’ target which was set at 80%. • Commence investigation of at least 90% of high-risk food and food premises complaints within 2 working days of receipt, and commence investigation of at least 90% of low-risk food and food premises complaints within 5 working days of receipt. (This amends the target from last year, when the annual performance measure did not distinguish between high-risk and low-risk.) • Maintain a target of at least 94% of infectious disease cases being responded to in accordance with the NHS Lanarkshire Epidemiological Investigation Protocol. • Respond to at least 93% of high-risk requests for assistance / advice within 2 working days of receipt. • Respond to at least 93% of low-risk requests for assistance / advice within 5 working days of receipt. Page 64 of 204
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2.4 An important principle of the Food Law Rating Scheme (FLRS) is to allow local authorities to target resources on high-risk and non-compliant businesses. The food law intervention scheme rating is based upon a recent food business performance model that targets resources on high to medium risk and non-compliant businesses. This impacts upon the calculation used to determine the frequency of inspection of food business establishments for both the ‘hygiene’ and ‘standards’ components of a food law inspection. The FLRS takes account of a food business operator’s track record of compliance and where this is good, the business will receive an ‘earned recognition’ status influencing the risk rating to reduce the frequency of inspections. This assists the Service by enabling resources to be targeted towards non-compliant businesses which are subjected to more frequent inspections and enforcement actions where required. Occupational Health and Safety Law 2.5 The HSE’s national ‘Local Authority Enforcement Code’ sets out a risk-based approach to targeting health and safety interventions to be followed by local authority regulators. A key component is to ensure that appropriate interventions are focussed upon specified high-risk sectors. 2.6 In accordance with the national enforcement code, the Service will continue to respond to requests for advice, investigate complaints, accidents, dangerous occurrences and other incidents reported to us and we will undertake appropriate interventions, particularly relevant to North Lanarkshire, wherever possible. 2.7 The service plan details activities which are planned to be undertaken throughout the financial year in respect of our regulation of occupational health and safety matters. 2.8 Additional projects may also be added where appropriate, having being highlighted by the HSE, regionally by the West of Scotland Health & Safety Liaison Group or through local intelligence, complaint, notification or other direct referral to the Service. 3. Measures of success 3.1 Performance is monitored in several ways, including on a quarterly basis by update and review at the Protective Services Management Team (PSMT). If under performance or deviation from the plan is identified, corrective action is promptly implemented. 3.2 Performance outcomes for all participant food businesses in respect of the ‘Pass’ and ‘Improvement Required’ standards stipulated in the national FHIS are reported locally to populate key performance indicator requirements. These are published on FSS website and accessible via the Council’s website: https://www.northlanarkshire.gov.uk/business/food-safety/food-hygiene-information- scheme. 3.3 The quality of the performance and professional conduct of the Council’s Business Regulation service enforcement staff during inspections of businesses (both food and non-food based) was monitored, in part, using post-intervention customer service questionnaires, in which service recipients were encouraged to provide their appraisal of the standard of service delivered. This was stood down during the pandemic and has since been reviewed to digitise the process. The new digitised process, which commenced on 01/07/2024, includes a QR code and online survey link being added Page 65 of 204
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to the templates of our standard letters so they will be included in correspondence issued to all food establishments after routine interventions. Survey links are also now available on our website. This will ascertain the perceived levels of customer service and afford the recipients of our service an opportunity to make their views on the level of customer service we provide known to us. By doing so, we also commit to improve our standards where we can. 4. Supporting documentation Appendix 1 - Business Regulation Service Plan 2024-2025. Lyall Rennie Chief Officer (Community Operations) Page 66 of 204
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 67 of 204
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Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 68 of 204
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food safety/occupational health & safety service plan 2024/2025 1 Appendix 1: Business Regulation Service Plan 2024-2025 Community Operations Protective Services (Business Regulation Service) Food Safety/Occupational Health & Safety Service Plan 2024/2025 Page 69 of 204
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food safety/occupational health & safety service plan 2024/2025 2 STATUTORY AND GENERAL OBLIGATIONS ON FOOD AUTHORITIES Legal Obligation on Food Authority Compliance with statutory guidance ‘Food Law Code of Practice (Scotland) 2019’ (the Code) and ‘Interventions Food Law Code of Practice (Scotland) 2019’ (the Interventions Code) is an important requirement to safeguard and ensure proper and consistent administration of food law across Scotland. In delivery of Official Food Controls, North Lanarkshire Council is legally required to ensure: a) The effectiveness and appropriateness of Official Controls. b) That controls are applied at an appropriate risk-based frequency. c) That there are a sufficient number of suitably qualified and experienced competent staff and adequate facilities and equipment to carry out duties properly. d) That staff are free from conflicts of interest. e) That there is access to an adequate laboratory capacity and capability for testing. Food Standards Scotland (FSS) seeks to work in partnership with Local Authorities to help them deliver on official control policies and Codes, and to assist them in implementing the Codes. Effects of Failure to Comply with these Statutory Obligations Section 40(2)(a) of the Food Safety Act 1990 requires a local authority to have regard to the relevant provisions of the Codes. Section 40(3) allows FSS to consult Scottish Ministers in relation to non-compliance with the Codes to order the issue of a direction to a local authority requiring it to take steps to comply with the Codes. Failure to comply with a ministerial direction by a local authority may be sanctioned by order of the Court of Session. Where Scottish Ministers are satisfied that a Food Authority has failed to discharge any duty imposed by or under the Act, and where that failure affects the general interests of consumers of food, they may by Order empower another Food Authority or officer of the Ministers to discharge that duty in place of the Authority in default, and recover costs from the defaulting Authority. Requirement to Prepare an Annual Service Plan Each Food Authority should complete an Annual Service Plan which details the Interventions programme for the coming year. They should ensure such a programme is adequately resourced and that the overall plan is subject to approval timeously at the appropriate governance level within the Local Authority. The Service Plan should include: - • A statement in relation to the Food Authority’s approach or policy on Interventions, Enforcement, and Service Delivery. • A Food Authority’s approach to Interventions out-of-hours. • Details on how new Food Business Establishments are to be included in the Authority’s planned Intervention Programme. • Effective routine sampling. • Strategies for maintaining surveillance of “low-risk” establishments where the LA has decided these will be subjected to alternative enforcement strategies in either their Food Service Plan or Enforcement Policy. The Service Plan or Enforcement Policy should include: - • The Food Authority’s approach to revisits and enforcement action - North Lanarkshire’s approach to enforcement is included within the Enforcement Policy. Its approach to revisits and enforcement action is incorporated within Food Policies and Standard Operating Procedures (SOPs) which are an extension of the Enforcement Policy. Page 70 of 204
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food safety/occupational health & safety service plan 2024/2025 3 • Strategies for maintaining surveillance of “low-risk” establishments where the LA has decided these will be subjected to alternative enforcement strategies in either their Food Service Plan or Enforcement Policy. North Lanarkshire has included these within both the Service Plan and the Interventions SOP which are an extension of the Enforcement Policy. The Interventions Programme should include:- • The Food Business Establishment profile. • The number of Interventions programmed. • An estimate of the number of revisits that will be made. • An estimation of resources required. • Resource for new businesses. • Detail any targeted Intervention activity that the Food Authority intends to carry out including any extra resources this may require. • Identification of any priorities relating to nationally or locally driven outcomes, such as compliance with new legislation or improved compliance with existing legislation and other central government initiatives, including compliance with the Code and the Interventions Code. SECTION 1: SERVICE AIMS AND OBJECTIVES 1.1 Aims and Objectives North Lanarkshire Council is committed to delivering customer excellence for all its service users to maximise the benefits of North Lanarkshire’s geographical location, creating prosperity, achieving social justice and fulfilling local needs by providing best value. The following aims and objectives have been identified as being fundamental to this process: 1. To place the safety, health and well-being of the employed and the general public foremost. 2. To protect public health and affirm the continuing commitment to assist businesses in their recovery from the pandemic. 3. To inspect businesses for food safety law and/or health and safety law compliance within at least the minimum targets which have been set for inspection purposes and ensure that a proportionate and consistent enforcement policy is adhered to. 4. To commit to the national Regulators’ Code for reserved matters and the Scottish Regulators’ Strategic Code of Practice for devolved matters. 5. To undertake a programme of effective routine food sampling to ensure that food is of the nature, quality and substance demanded by the public and to take appropriate action to remove any unsatisfactory foodstuffs identified during this process. 6. To respond appropriately to relevant food alerts as required by FSS. 7. To investigate food and food premises complaints and report to the Crown, recommending that they initiate legal proceedings where this is deemed to be in the public interest. 8. To offer free advice and guidance to the public, voluntary organisations and the food and health & safety businesses within North Lanarkshire for the purposes of achieving compliance with statutory requirements and assisting in developing and promoting competence in food and workplace health & safety awareness. Page 71 of 204
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food safety/occupational health & safety service plan 2024/2025 4 9. To prepare reports and other related data for other Services within the Authority, FSS, the Health & Safety Executive (HSE) and other relevant Agencies to demonstrate transparency, ensure compliance with legislation and to provide a coordinated approach to food law and occupational health & safety law. 10. To investigate instances of food and water borne diseases within North Lanarkshire in a coordinated approach with the relevant Health Authorities. 11. To fully and promptly investigate notifications of work-related accidents, dangerous occurrences and ill health and take enforcement action in accordance with guidance to prevent harm and secure justice, where appropriate. 12. To respond promptly and courteously to requests for assistance and commit to the delivery of customer service excellence for all our service users. 13. To aim to deliver public confidence in the way food safety and health & safety issues are monitored and enforced within North Lanarkshire. 14. To respond appropriately and effectively to public health emergencies which impact on public safety. 1.2 Links to Corporate Ambition Statements and Priorities This Operational Plan is linked with the Protective Services Operational Plan and is made in accordance with aspirations and objectives contained within the Plan for North Lanarkshire. For example, from The Plan for North Lanarkshire: ‘Improve economic opportunities and outcomes’ The growth and sustainability of local business is actively supported. Working in partnership with Business Gateway, we offer a comprehensive and free consultancy service to start-up, fledgling and mature businesses to help with legal compliance in relation to food safety and, where appropriate, occupational health & safety legislation. (This was stood down due to the pandemic, but we will resume liaison as part of business recovery.) ‘Improve the health and wellbeing of our communities’ In accordance with the Code and the Interventions Code, formal, unannounced inspections of North Lanarkshire’s food businesses are undertaken to ensure operators make or sell foods which meet compositional and declaration legal standards, are safe to eat and will not cause illness or disease. Where food businesses are found operating unsafely, they may be compulsorily closed or prohibited from undertaking specific activities to safeguard public health, reported to the Crown and the unfit foods seized for destruction (as appropriate). The only food businesses which would not be subjected to proactive inspections are low risk Group 3 Band A premises which, following initial or subsequent intervention or where the food registration form gives sufficient information to make determination that there is minimal inherent risk, and the Lead Food Officer determines either to place the business on a 60-month intervention frequency or choose not to undertake a proactive intervention. We respond quickly to consumer concerns about food business operators, whether that is the condition of their premises, the state of the food products or the malpractices allegedly conducted there. The Service investigates outbreaks of infectious disease in conjunction with NHS Lanarkshire and acts over concerns of poor public or private water supplies. The Service implements a monitoring programme for each regulated supply and each private water supply zone. For regulated supplies, we undertake risk assessments, where applicable, in Page 72 of 204
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food safety/occupational health & safety service plan 2024/2025 5 relation to water introduced into, and supplied through and from, each private water supply system to premises in its area, to establish if there is any risk that the water could pose a potential danger to human health. A similar service exists for occupational health & safety where the local authority is the relevant enforcement body. During the pandemic, the Service took on an advisory and enforcement role in terms of Covid related Regulations to prohibit certain businesses from opening, and to ensure that social distancing arrangements and other mitigations were in place for businesses that were allowed to continue to trade under restricted conditions. This role included business compliance visits and outbreak investigations. Whilst restrictions are no longer in place, there may be a future ask from the Service in respect of pandemics. Plan for North Lanarkshire The Plan for North Lanarkshire identifies 25 high level ambition statements aligned into five priorities and the Business Regulation’s Food Safety /Occupational Health & Safety Service Plan links with these priorities as follows: Improve the health and wellbeing of communities • Programme of targeted interventions to determine compliance with statutory requirements along with proportionate enforcement action, as required. • A commitment to the prevention of death, injury and ill health arising out of or in connection with a work activity. • Food sampling programme. • Partnership working with NHS Lanarkshire to locate the source and prevent the further spread of infection. • Focusing on specific health & safety issues. • Working in partnership with NHS Lanarkshire, FSS, the HSE and other agencies to promote and deliver health improvements for the employed within North Lanarkshire and its citizens. Improve North Lanarkshire’s Resource Base • Provision of food safety literature and correspondence in a range of ethnic minority languages along with access to interpreters to promote social inclusion. • Updating and maintaining enforcement officer competence. • FHIS (Food Hygiene Information Scheme). • Online publication of food law intervention letters and of register of notices served under The Food Hygiene (Scotland) Regulations 2006, Regulations 6 to 9 and the Health and Safety at Work etc. Act 1974, Sections 21 and 22. • BS ISO 45001 : 2018 (the occupational health and safety management standard). Business Regulation regards high quality public service as its key value and this commitment is reflected in that the Service achieved ISO 45001 accreditation. Key food safety and health & safety policies and procedures are in line with ISO 9001: 2015 Quality Management System and are periodically reviewed to reflect procedural changes. Business Regulation aims to support and work alongside various organisations including FSS, HSE, Police Scotland, Scottish Fire & Rescue, NHS Lanarkshire and Public Health Scotland to deliver common objectives which prevent or mitigate against illness, disease or injury and to deliver better health outcomes for residents, consumers and employees by sharing and promoting best practice for food safety, public health and occupational health & safety interventions. Where appropriate we will link service provision to any national and local updated plans and strategies relevant to the recovery process post pandemic. Page 73 of 204
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food safety/occupational health & safety service plan 2024/2025 6 SECTION 2: BACKGROUND 2.1 Profile of the Local Authority North Lanarkshire is the 4th largest authority in Scotland with a population of 341,140 and an area of 47,222 hectares (2021). It is situated approximately halfway between the cities of Glasgow and Edinburgh and many of its residents live in the six main towns of Airdrie, Coatbridge, Cumbernauld, Bellshill, Wishaw and Motherwell. North Lanarkshire is in the midst of a process of major social, economic and environmental change. This has required a process of regeneration which is perhaps best illustrated in the Ravenscraig initiative whereby work has been proceeding with large commercial and residential developments on the former steelwork’s site. This process of economic regeneration will continue and is greatly assisted by the strategic location of North Lanarkshire with regard to links to the South via the M73 and M74 and to Glasgow and Edinburgh via the A8/M8 motorways. Extensive improvements to the local motorway network and various arterial roads, recently completed, following a massive infrastructure investment and upgrade. Page 74 of 204
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food safety/occupational health & safety service plan 2024/2025 7 Here is a plan of North Lanarkshire Council’s catchment zone. Page 75 of 204
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food safety/occupational health & safety service plan 2024/2025 8 Senior EHO (North) Assistant Business Manager (Business Regulation) Central Division 5 X FTE EHOs Senior EHO (Central) Senior EHO (South) Protective Services Manager (Responsibilities include Business Regulation, Pollution Control & Public Health and Trading Standards) Chief Officer (Community Operations) North Division 4.5 X FTE EHOs + 1 X FTE FSO South Division 5 X FTE EHOs + 1 X FTE FSO 2.2 Organisational Structure The configuration of the Business Regulation Service for 2024/2025 (at June 2024). Page 76 of 204
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food safety/occupational health & safety service plan 2024/2025 9 2.3 Scope of the Business Regulation Service The services which are provided include: - • Advice/Guidance to the Private Sector/Voluntary Groups as well as to business. • Compilation of Performance Indicator Data (e.g., NLC PI data, LAE1, FSS Audit returns etc.). • Disposal/Seizure of Unfit Foodstuffs. • Eat Safe Initiative. • Export Health Certificates. • Attestations & Food Premises Compliance Certificates for Export. • Food Law Interventions. • Food Safety Alerts. • Food Safety/Health & Safety Promotional Initiatives. • Approval of Premises under Regulation EC No 853/2004. • Official Control Verification (OCV) audit process of Premises Approved under EC No 853/2004. • Food Hygiene and Food Standards Inspections of Primary Producers. • Food Standards Inspections of Meat Plants Approved under EC No 853/2004 by FSS. • Formal/Informal Food Sampling. • Frequent Liaison with FSS and NHS Lanarkshire Public Health. • Health & Safety Interventions. • Originating Authority Responsibilities. • Infectious Disease Investigations. • Enforcement within Skin Tanning Premises. • Investigation of Complaints Regarding Workplaces. • Investigation of Food Complaints and Food Premises Complaints. • Investigation of Workplace Accidents, Dangerous Occurrences and Occupational Ill Health. • Licensing and Inspection of Skin Piercing & Tattooing Premises. • Licensing of Venison Dealers. • Monitoring of Compliance with the National Tobacco Smoking Ban in Public Places. • Precognition/Reports to the Crown Office & Procurator Fiscal Service. • Private Water Supply Register, Risk Assessments, Sampling, Grant Assistance & Water Scarcity. • Promoting Healthier Food in Catering. • Public Mains Water Sampling. • Reports to Licensing Boards. • Representation on the West of Scotland Health & Safety Liaison Group. • Representation on West of Scotland Food Liaison Group. • Responses to Building Warrants and Planning Enquiries. • Shared maintenance of the FHIS Website at a local input level. • Work in Partnership with the HSE on National Campaigns & Initiatives. • Shared maintenance of Scottish National Database (SND) at local input level. • Advisory and enforcement role in respect of Pandemic legislation, including business compliance visits and outbreak investigations. Chemical analysis and microbiological examination of food samples is undertaken by Glasgow Scientific Services (GSS) on behalf of the Service. The Service has access to translation services for documentary purposes and to facilitate routine inspections and other food and health and safety enquiries where this is required. Page 77 of 204
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food safety/occupational health & safety service plan 2024/2025 10 The approach to the Code and the Interventions Code and focuses predominantly on intervention and audit of premiss to the 4 Es approach of Engage, Explain, Encourage and Enforce. Feed issues are dealt with exclusively by FSS. Our Service headquarters is currently based at Civic Centre, Windmillhill Street, Motherwell ML1 1AB but is due to relocate during 2024/2025. 2.4 Demands on the Business Regulation Service Food establishments are grouped as 1 to 3 depending on the nature of the food business, with Group 1 businesses including e.g. manufacturers of high risk foods down to Group 3 businesses including licensed premises not providing catering. Within each of the groups the food establishment is risk rated in Bands A to E, dependent upon the business performance and compliance, with Band A being sustained compliance and E being serious non-compliance, which includes any non-compliances that are an immediate risk to consumer health, allow consumers to make unsafe food choices or could give rise to fraudulent gain. The data relating to the food premises profile is in the following tables. Food Law Business Groups and Risk Ratings 1A 35 1B 13 1C 1 1D 1 1E 0 Awaiting Inspection 1 Food Standards Only* 4 Total 55 2A 261 2B 858 2C 414 2D 9 2E 2 Awaiting Inspection 26 Total 1570 3A 128 3B 843 3C 90 3D 1 3E 0 Awaiting Inspection 15 Total 1077 Total 2,702 Page 78 of 204
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food safety/occupational health & safety service plan 2024/2025 11 SND Category & Premises Count Primary Producers 22 Manufacturers & Packers 84 Distributors/Transporters 68 Retailers 477 Supermarket/Hypermarket 65 Small Retailer 7 Retailer-Other 9 Restaurant &Caterers 241 Restaurant/Café/Canteen 208 Restaurant/Caterer- Others 612 Hotel & Guest house 32 Pub/Club 237 Takeaway 457 Caring Premises 50 School/College 145 Total 2,865 Note: Food Standards Only*- Included within the figures above are 4 meat plants which are approved by FSS but for which we enforce Food Standards legislation. In addition to numbers referenced within the Food Law Business Groups and Risk Ratings table above, there are: • 20 separate establishments currently approved under EC Regulations; • 14 primary producers (dairy farms); • 3 Premises ungrouped awaiting inspection; • 30 Premises on our MIS without Food Law Intervention Codes. Our Management Information System (MIS) is a live system with information being automatically uploaded to the SND on a weekly basis, which accounts for some disparity in totals. Last year we undertook a housekeeping exercise of our MIS as we had identified 189 premises without Food Law Intervention Codes. A number of these were duplicate premises, but some weren’t and resulted in additional interventions being programmed in throughout the year. We have repeated this housekeeping exercise and have identified 30 premises without Food Law Intervention Codes, which is a significant reduction on last year. An exercise will be undertaken to identify which of these premises are not duplicates so they can be included in the intervention programme. We have approximately 3,500 businesses at present for which we have responsibility for the enforcement of occupational health & safety law. The new Food Law Rating System (FLRS) ensures that the profile of food standards is raised whilst reducing duplication and bureaucracy caused by two inspection regimes. Importantly, Local Authorities can target resources on high risk and non-compliant businesses. Even as an early adopter, the pause in the intervention programme brought about by the pandemic meant that not all premises within North Lanarkshire had undergone a food law intervention, and as such had not been banded. We changed from Annex 5 rating scheme to the FLRS based on guidance provided by the Scottish Food Law Enforcement Committee (SFELC) COVID-19 Recovery Working Group using a formula based on Annex 5 food hygiene scores for hygiene, structure and confidence in management alone, as it was assessed that a number of the other elements previously contained in Annex 5 had been taken into account at the ‘Group’ stage, and that confidence in management scores were, in the vast majority of cases, consistent between food hygiene and food standards scoring systems. In order to ensure, however, that food standards were given an appropriate level of consideration during the desktop premises ratings transfer, at the end of the process we conducted a final check to ensure that any establishment which had previously been given a poor rating for ‘Level of Compliance’ in Annex 5 Food Standards Scoring System would be given a ‘Band D’ in FLRS. Within NL, none were Page 79 of 204
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food safety/occupational health & safety service plan 2024/2025 12 identified. Whilst this exercise had a significant impact on officer time, it assisted in identifying priorities for the food law recovery process. One of the Key Performance Indicators for the Service is the percentage of food establishments which achieve the Food Hygiene Information Scheme (FHIS) ‘Pass Award’. Our target for 2019/20 was set at 90%, with an overall rate achieved of 94.09%. It was anticipated there will be a greater number of Improvements Required due to the pause in programmed interventions due to the Covid-19 pandemic and the authorised deviation from the Code from 30 March 2020 to 31 August 2021. Our target for 2022/23 was set at 70%, with an overall rate of 94.8% and our target for 2023/24 was set at 80%, with an overall rate of 95.6%. Our target for 2024/2025 has been set at 90%, which is the same as the target that was set pre-Covid in 2019/2020. Our normal business hours are 08.45am to 16.45pm, Monday to Thursday with a 16.15pm closure on Friday. However, a standby service is available to respond to emergencies including Food Alerts For Action (FAFA), outwith normal business hours. EU exit impacted on the Service due to preparation for food exports and in particular fish exports to the EU. Further detail is provided on this in Section 3.9 ‘’EU Exit’’. 2.5 Enforcement Policy North Lanarkshire Council has a documented enforcement policy which was approved by Elected Members at the Infrastructure Committee in September 2018 and is available on the NLC website to businesses and consumers. The policy was updated to reflect: - • Changes in legislation; • The effect of the Scottish Regulators’ Strategic Code of Practice (SRSCoP) on food safety matters; • Due regard to the general principles of the Regulators' Compliance Code in respect of health and safety matters; • Advice issued by Food Standards Scotland (FSS) and the HSE; and • Relevant provisions of the Code for Crown Prosecutors. Food Standards Scotland’s direction is that enforcement policies last reviewed 8 to 10 years ago will again be reviewed and approved. The NLC enforcement policy is due to be reviewed in 2026. All Authorised Officers with responsibility for inspecting premises and/or dealing with other food and health and safety issues are aware of the enforcement policy. Authorised Officers are also aware that it is the Council’s policy to offer advice where this is appropriate or requested, particularly in regard to small and medium sized businesses. Arrangements will be made to inspect and register any food premises found to be trading but which have not registered with the Authority. It will not normally be the policy of the Authority to submit a report to the Crown regarding failure to register alone unless a food business operator habitually refuses to do so or in combination with the discovery of unregistered premises in a serious state of non-compliance with food law. The enforcement policy for Council operated food businesses will be as detailed within the Code however the standards expected and required are no different to those demanded in private sector premises. The Service will adhere to the HSE’s enforcement policy statement in relation to matters of occupational health & safety. SECTION 3: SERVICE DELIVERY 3.1 Food and Health & Safety Premises Interventions Page 80 of 204
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food safety/occupational health & safety service plan 2024/2025 13 Food Safety Previously we had a target of achieving at least 96% of all our programmed food inspections. In 2018/19, which was the last complete year we had pre-pandemic we reached this target. When the Food Law Recovery started in 2021/22, our target was revised to 60% as it was dependent on staff resource available to undertake the Food Law Recovery Process (FLR). We achieved 87% of planned interventions by the scheduled date. The Interventions Food Law Code of Practice (Scotland) requires that establishments receive an Intervention no more than 28 days after the scheduled date, unless they are rated Band E, the lowest possible rating. The scheduled dates for FLR visits are the latest date by which those interventions should be undertaken and do not have a 28-day grace period. Our performance in terms of the Code and the Interventions Code is therefore greater than that reported if taking account of the 28 day grace period for some interventions. Year 1 was a lighter year in terms of food law recovery and the associated scheduled dates for intervention which allowed us to bring forward some Interventions from Year 2, one of the two heaviest years forecast in terms of FLR. The targets for programmed inspections and performance achieved are as follows: Year Target for Programmed Inspection to be undertaken by due date Performance 2022/23 70% 95.9% 2023/24 75% 94.8 % The target for 2024/25 for programmed food inspections has been set at 80%. Business Regulation stepped up to being an ‘early adopter’ of the new Annex 5 pilot scheme and participated in the implementation group, having formerly worked in partnership with FSS to develop a viable alternative for rating of food establishments referred to as the Food Law Rating System (FLRS). The FLRS combines the rating systems for Food Hygiene and Food Standards into one Food Law Intervention scheme based upon a new Food Business performance model that will target resources on high to medium risk and non-compliant businesses. This impacts upon the frequency of inspection of food establishments for both hygiene and standards components of what is now known as a ‘food law’ inspection. The scheme went live to all local authorities on 1 July 2019 which is when we formally adopted it. The FLRS takes account of a food business operator’s track record of compliance and where this is good, they will receive ‘earned recognition’ influencing the risk rating to reduce intervention frequency. This will assist resources to be targeted towards businesses which consistently fail to achieve satisfactory standards, and which will be subjected to sustained and intense enforcement activity. This links into our policy for working more efficiently, effectively ensuring that resources are always targeted where they are most needed. In addition, new premises will receive an initial inspection to check that everything is in order and will be risk rated in accordance with the Interventions Code or the Code, as appropriate for the type of business. The only food businesses which would not be subjected to proactive inspections are low risk Group 3 Band A premises which following initial or subsequent intervention or where the food registration form gives sufficient information to make determination that there is minimal inherent risk, and the Lead Food Officer determines either to place the business on a 60-month intervention frequency or choose not to undertake a proactive intervention. Questionnaires would be used to assess ongoing compliance with Group 3 Band A premises, with inspections being carried out only where deemed necessary. Impact of Covid-19 On 17 March 2020, following publicity of Covid-19 cases within a care home located within North Lanarkshire, NLC food officers stood down inspections initially of premises with a community risk including care homes, hospices, hospitals, schools, pensioners clubs and prisons, due to Covid-19, then of all other inspections/visits until a policy Page 81 of 204
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food safety/occupational health & safety service plan 2024/2025 14 was formulated with forthcoming advice from FSS. This means that our intervention programme from 2019/2020 was not completed and there was a carry over. Face to face interventions were again stood down late December 2021 to end of January 2022 due to the wave of Omicron variant, except where required to protect public health or safety and where remote working would not be sufficient. Food Law Code of Practice deviations: Given the unprecedented nature of the Covid-19 pandemic and national infection control measures introduced in March 2020, and the anticipated disruption caused by staff shortages, it was recognised that deviation from certain elements of the Code, and the Interventions Code, would be necessary to ensure Local Authority Environmental Health Services had the ability to undertake wider public health duties related to Covid-19. LAs received written confirmation (FSS/ENF/20/006) from FSS that the Minister for Public Health and Sport agreed to allow LAs to deviate from the Code and the agreement covered the following areas which are considered to be reasonable and proportionate in the circumstances. Food Law Code of Practice deviations included: a) Food Law interventions to all care facilities including hospitals, care homes, nurseries, and childminders. b) Planned programmed Interventions at all lower risk Group 2 and 3 businesses within the Food Law Rating System (FLRS), and all Crown Establishments. c) Low risk primary production activities - exception for dairy farms supplying raw milk for the manufacture of raw milk cheese. This includes on farm inspection to assess compliance against primary production controls. d) Approved establishments and other high risk manufacturers may limit access to high risk production areas. Therefore, it is recommended that Interventions at Approved establishments, and higher risk FLRS Group 1 businesses, are based on an initial Food Safety Management System and associated documentation audit followed up by physical inspection only if public health concerns are identified. e) Intelligence driven Interventions at all food business establishments regardless of category should continue where possible. Intelligence will include information that suggests fraudulent activity or imminent risk to public health, e.g., consumer complaints, credible allegations of food poisoning, failed samples of a serious nature that suggest fraud or health risk. The Food Law Code of Practice deviations were then revised and extended to 31 August 2021: a) Food Law interventions to all care facilities including hospitals, care homes, nurseries, and childminders. Restricting interventions in this sector will assist with maintaining physical distance requirements and acknowledges the associated risks to these vulnerable groups. b) Planned programmed Interventions in all risk levels above a C band across all business groups within the FLRS and all Crown Establishments. c) Low risk primary production activities - exception for dairy farms supplying raw milk for the manufacture of raw milk cheese. This includes on farm inspection to assess compliance against primary production controls. It was confirmed with FSS that for interventions of C, D & E premises which were no longer included in deviations from the Code that we could continue with established practice during the pandemic, i.e., initial remote assessment (Official Control Verification letter or business questionnaire) with follow up visit being carried out only where deemed necessary to protect public health. Ongoing demands on Service meant that we adopted this approach for Band D & Es but did not have the capacity to also adopt for Band Cs due the increased time resource required for remote assessments and other demands on the Service. Food Law Code of Practice deviations recovery plans FSS and SFELC agreed broad principles on which Local Authority Covid-19 Recovery Plans would be based. A project to deliver the framework for each Scottish Local Authority to reconfigure or reset its intervention programme was undertaken by the SFELC Covid-19 Recovery Working Group. The desired outcome of this project was to assist LAs devise their work programme and help the authority recover from the pandemic. This includes adaption of Page 82 of 204
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food safety/occupational health & safety service plan 2024/2025 15 Intervention Plans to accommodate not only those establishments/interventions which were ‘missed’ during the Covid-19 lockdown phase but also those which had previously fallen out of scope as a consequence of being missed. The estimation of staffing resources required is also based on the SFELC Covid-19 Recovery Working Group guidance for calculating staffing resources. The project was designed to facilitate the following by defined completion dates: • Local Authorities will present a revised Intervention Programme which will operate from a defined date; • The Intervention Programme shall include all food establishments, each being accorded a revised due intervention date; • Every food establishment on the Intervention Programme shall be risk-rated in accordance with the Interventions Code 2019 Food Law Rating Scheme, except for approved premises and primary producers which remain under Annex 5 Risk Rating Systems; • Every Local Authority shall present a Service Plan, incorporating the revised Intervention Programme in addition to all other responsibilities, in accordance with the current service planning guidance (Note the forthcoming Administration and Service Planning, Food Law Code of Practice (Scotland) 2020, which had been expected to be published by December 2022 has been on hold pending a wider project to review and update the FLCoP as well as the mechanism for updating the Code to support the launch of the Scottish Authority Food Enforcement Rebuild (SAFER) programme. A draft revised Food Law Code of Practice (Scotland) is anticipated in summer of 2024). • Local Authorities shall calculate the total FTE resource required to satisfy the Intervention Programme and the remainder of the Service Plan by means of an agreed calculation methodology. It was acknowledged that the project outcomes would highlight some shortfall in available resources at some Local Authorities. While clear sight of these shortfalls is an essential deliverable of the project, the project scope does not extend to addressing these deficits in any practical sense. Methodology SFELC convened a short-life working group which delivered the key requirements. All Scottish Local Authorities were invited to participate and NLC was represented. A FSS Project Team was assembled to support the SFELC Working Group and provide oversight of progress. The SFELC Working Group had 4 work streams: 1. Desktop Transfer: The initial formula to convert premises on Annex 5 to FLRS. 2. Creation of an intervention programme: Ensuring all FLRS premises are within the revised Inspection Programme with due intervention dates included. 3. Resource Calculation: Based on the SFELC resource methodology on FSS/SFELC website and refining this to accommodate current circumstances. 4. Service Planning Guidance: Revising the Service Planning Guidance and using the draft Administration and Service Planning Food Law Code of Practice. The outcome of the SFELC Working Group was published in December 2020 ‘Local Authority Recovery Project Recovery Process Guidance’. There are Tables with Appendices 3, 4 and 5 which explain the calculation of resource requirements for food law recovery and programmed interventions. These have been revised in line with FSS/ENF/22/013 that LAs use a 7-hour day in calculations. The OCV calculation has been calculated in accordance with FSS/ SFLEC OCV Guidance which does not include travelling time or time allocated to report writing or enforcement activity. For the purposes of the OCV calculation, 1 FTE officer-day equates to 5 FTE Hours. FSS/ENF/22/013 also includes that food related activity undertaken by managers, supervisors and Administration should be counted. At 19th June 2024 FSS were going through the process of drafting guidance on the use of the soon-to-be -published Required Resource Calculator, scheduled to be issued in 2024 which will incorporate these for future resource calculations. Appendix 3- These resource calculations are for a 12-month period, with Year 1 commencing on 1 October 2021. Page 83 of 204
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food safety/occupational health & safety service plan 2024/2025 16 • Appendix 3 Table 1 - Annual Breakdown of Food Law Recovery Plan Interventions Required to Be Carried Out - details the total number of planned food law recovery interventions to be undertaken within the maximum time frame after the Intervention Start Date, including Approved Premises and Group 1 Manufacturers. Note there are further details of how these should be spread within that time frame depending on Priorities within FSS and SFELC Recovery Process Guidance. • Appendix 3 Table 2 - Food Law Interventions Recovery - Officer FTE Resource Calculation Per Intervention Category (Recovery Visits Only) - details the Officer FTE resource estimated to deliver the food law recovery interventions only. NB - this does not include other interventions in addition to food law recovery inspections during this period. • Appendix 3 Table 3 - Estimate of Timescales and Numbers for Food Law Recovery Intervention and First Next Programmed Intervention After Food Law Recovery Intervention - this is a breakdown of the number of food law recovery interventions and first recurring risk assessed intervention per group and band which require to be scheduled across the five years of the recovery period. • Appendix 3 Table 4 - Calculation of Resources Required for First Next Programmed Intervention After Food Law Recovery Intervention - this only takes into account the first recurring risk assessed programmed intervention, following the Food Law Recovery Intervention and Officer FTE resource estimated to deliver it. It does not account for further recurring risk assessed programmed interventions e.g., those at 12, 18 or 24 intervention intervals which might fall again within the 5-year recovery period. Nor does the figure include projected Band E intensive 1-month interventions and Band D intensive 3 month interventions, revisits and new premises inspections. • Appendix 3 Table 5 - Combined Estimate FTE Resource Calculation Per Annum for Food Law Recovery and PI Interventions - details likely timescale for when next programmed inspection will be due after food law recovery inspection and the Officer FTE resource estimated to deliver the food law recovery interventions and next programmed interventions after food law recovery intervention. It does not include projected Band E intensive 1-month interventions and Band D intensive 3 month interventions, the anticipated uplift in enforcement action, revisits and visits to new premises registering from 1 October. • Appendix 3 Table 6 - Summary of FTE Base Resource Needed to Meet FLRP+ First Recurring PI Thereafter - this is a summary of FTE resource needed to meet the Food Law Recovery Plan and the first recurring PI thereafter only. It does not include projected Band E intensive 1-month interventions and Band D intensive 3 month interventions, the anticipated uplift in enforcement action, revisits and visits to new premises registering from 1 October. • Appendix 3 Table 7 - Estimate of Minimum FTE Resource Requirement for Revisit Interventions - this is a summary of FTE resource needed to meet the revisit requirement of Food Law Recovery Plan and the first recurring PI thereafter only. This resource calculation is based on a 1-hour revisit for every intervention averaged out across the 5 years. Whilst some premises will not require a revisit, others will require longer revisits or multiple revisits. It was intended to bring forward year 2 visits into year 1 if there was capacity. This Table does not include revisits to projected Band E and D intensive 1 month and 3-month interventions. The purpose of revisits is to monitor non-compliant standards arising from the initial inspection and/or matters of evident concern. • Appendix 3 Table 8 - Additional Food Law Interventions Arising from Poor Compliance and From New Businesses Year 1 Estimate Only - poor compliance interventions relate to a minimum frequency of re- intervention of 1 month, followed by 3 months, after service of formal notices or serious non-compliance. This is a summary of FTE resource needed to meet Year 1 projected 78 Band E intensive 1-month interventions (based on total numbers of Remedial Action Notices and Voluntary Closure Agreements during 2018-19 and an anticipated 200% uplift in enforcement action due to the pause in interventions) which at Page 84 of 204
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food safety/occupational health & safety service plan 2024/2025 17 best will result in a further 78 subsequent Band D 3 month interventions. This is during a 12-month period until 30 September 2022. These are estimated as Group 2 Band D & E resource requirement. The number of anticipated new businesses interventions is based on previous annual figures and are estimated as Group 2, Band C, average resource requirement. • Appendix 3 Table 9 - Estimated Resource Required for Formal Food Enforcement Notices - this is a summary of FTE resource needed for formal food enforcement notices served in a typical year pre-Covid (2018-19). • Appendix 3 Table 10 - Service Requests Resource Summary-Based on A Typical Year Pre-Covid (2018-19)- details Officer FTE resource estimated to deliver service requests for the range of functions undertaken by Business Regulation in a typical year pre-Covid (2018-19) • Appendix 3 Table 11 - Miscellaneous Foreseeable Additional Demands on Service Resource - details Officer FTE resource estimated to deliver additional demands on Service not included elsewhere. Please note that in respect of FHIS Uploads included in this table, although there is some input required from officers, there is an ongoing demand on Business Regulation Managers’ resource to undertake the main body of this work which reduces the burden that would otherwise be placed on officers. Excluded from this table is, for example, work related to COVID-19 pandemic, food poisoning outbreaks and reports to the Crown as these are impossible to quantify. Excluded also is the service provided by Support to redact and publish food law intervention letters on NLC website following planned programmed inspections and revisits. • Appendix 3 Table 12 - Estimate of Resources Required to Deliver Business Regulation Service Across The Food Law Recovery Period (Oct 2021-Sep 2026) - details Officer FTE resource estimated to deliver demands on Service. This is a conservative figure. Formal Food Enforcement Notices are based on numbers served in 2018-19 of which there are anticipated to be more during the food law recovery period. Food Law Interventions arising from poor compliance have been included only for Year 1. Excluded also is, for example, work related to COVID-19 pandemic, food poisoning outbreaks and reports to the Crown as these are impossible to quantify. Appendix 4 – Updated Tables of Calculations and Information Relating to Staff Resources for Service Plan 2024- 2025 including Year 4 of Food Law Recovery Plan commencing 1 October 2024. • Appendix 4 Table 1 - Annual Breakdown of Food Law Recovery Plan Interventions Required to Be Carried Out- details the total number of planned food law recovery interventions to be undertaken within the maximum time frame after the Intervention Start Date, including Approved Premises and Group 1 Manufacturers. Note there are further details of how these should be spread within that time frame depending on Priorities within FSS and SFELC Recovery Process Guidance. • Appendix 4 Table 2 - Food Law Interventions Recovery - Officer FTE Resource Calculation Per Intervention Category (Recovery Visits and New Premises Only) - details the Officer FTE resource estimated to deliver the food law recovery interventions only. Note this does not include other interventions in addition to food law recovery inspections during this period. • Appendix 4 Table 3 - Estimate of Minimum FTE Resource Requirement for Revisit Interventions - this is a summary of FTE resource needed to meet the revisit requirement of Food Law Recovery Plan and the first recurring PI thereafter only. This resource calculation is based on a 1-hour revisit for every intervention averaged out across the 5 years. Whilst some premises will not require a revisit, others will require longer revisits or multiple revisits. This includes some year 2 visits being brought into year 1 where capacity exists. This Table does not include revisits to projected Band E and D intensive 1 month and 3-month interventions. Page 85 of 204
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food safety/occupational health & safety service plan 2024/2025 18 The purpose of revisits is to monitor non-compliant standards arising from the initial inspection and/or matters of evident concern. • Appendix 4 Table 4 - Estimate of Resources Required to Deliver Business Regulation Service Across the Food Law Recovery Period (Oct 2021-Sep 2026) - details Officer FTE resource estimated to deliver demands on the Service. This is a conservative figure. Formal Food Enforcement Notices are based on numbers served in 2018- 19 of which there are anticipated to be more during the food law recovery period. Food Law Interventions arising from poor compliance have been included only for Year 1. Excluded also is, for example, work that was related to COVID-19 pandemic, food poisoning outbreaks and reports to the Crown as these are impossible to quantify. The estimated resource requirement is under ongoing review. The calculations remain as detailed in the appendices as we are awaiting information from FSS on the outcome of a further Time Management Exercise (TME) involving Local Authorities. At June 2024, we are still within Year 3 of the Intervention Programme Start Date. • Appendix 5 - Premises Outwith Food Law Rating - Calculation of Required Annual Resource (June 2024) - Approved Premises, High-Risk Group 1 Manufacturers and Primary Producers. This details Officer FTE to deliver interventions of Approved Premises and High Risk Group 1 Manufacturers based on Official Control Verification (OCV) principles and other business still operating under Annex 5 (Food Hygiene and Food Standards), except those approved by FSS and for which we deal with Food Standards only and are included within Appendix 3 Table 11. High Risk Group 1 manufacturers continue to fall within the food law rating scheme. Due to other demands on the Service, the roll out of OCV for these premises has not been implemented. Food law interventions undertaken for the high risk Group 1 manufacturers during 2024/25 will not utilise the OCV audit process, except where deemed appropriate. It is anticipated that these premises will receive interventions based on OCV principles and methods of the OCV when resources permit. The calculation for the High Risk Group 1 Manufacturers in Appendix 5 is not included in the annual average as it is not intended to utilise the OCV audit process for them during 2024/2025. At June 2024, Year 3 of Food Law Recovery is still ongoing. Food Law interventions are combined interventions covering both food hygiene and food standards interventions. The resource calculation has been reviewed but remains a conservative figure. Due to Year 2 being a heavier year in terms of food law recovery inspections than Year 1, we brought forward interventions due within 18 months to Year 1, where capacity existed. Due to Year 4 being a heavier year in terms of food law recovery visits than Year 3, we have and will continue to bring forward interventions into Year 3, where capacity exists. Due to environmental health vacancies and recruitment issues within another part of Protective Services, officers within Business Regulation provided assistance with public health service requests for 8 months from September 2023 to April 2024, and which affected capacity for Year 4 FLR visits to be brought forward. The estimated inspection activity for Year 4 (commencing 1 October 2024) is summarised below. Note the number of food law interventions due to end of Year 4 FLR (30/9/25 ) exclude those which have already been brought forward into year 3 FLR at 2 July 2024. Estimated Inspection Activity Sub-Totals Total Number of Food Law Interventions due to end of Year 4 FLR 30/9/25 (This does not take into account revisits, new premises visits or formal actions) 1682 Additional Food Law Interventions Arising from Poor Compliance and From New Businesses (Appendix 3 Table 8)- projected Band E intensive 1month interventions based on total numbers of Remedial Action Notices and Voluntary Closure Agreements during Year 2 FLR 2022 - 2023 which at best will result in subsequent Band D 3-month interventions 21 Band E & 21 Band D 42 Page 86 of 204
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food safety/occupational health & safety service plan 2024/2025 19 secondary food law inspections (or revisits). The purpose of revisits is to monitor non-compliant standards arising from the initial inspection and/or matters of evident concern. Resource calculations for revisits for Year 1 (12 months) average over 5 years is recorded in Appendix 3 Table 7 to estimate for Year 4 1,815 1815 New Premises Inspections -Premises currently registered and awaiting inspection 42 42 Total Total -1899 3581 Our average annual number of revisits to check on non-compliance over 2016 to 2019 was 1,218 (991 food hygiene and 227 food standards). The revisits we undertook in 2019/2020 were 461 food law, 172 food hygiene and 27 food standards. For Year 1 Food Law Recovery (October 21-September 22), we undertook 549 revisits to food premises (food law, food hygiene and food standards). For Year 2 Food Law Recovery to date (October 22 to March 23), we have undertaken 608 revisits to food premises (food law, food hygiene and food standards). For The first 6 months of Year 3 Food Law Recovery (October 2023 to March 24) , we have undertaken 256 revisits to food premises (food law, food hygiene and food standards). This figure excludes revisits to investigate complaints. Our average annual number of new premises visits over 2016 to 2019 for food hygiene was 208 and for food standards is 207. The new premises inspections we undertook in 2019/2020 were 190 food law, 63 food hygiene and 62 food standards. It was expected that due to the anticipated increase in enforcement action, the number of revisits required in Year 1 would be at a higher rate in comparison to Interventions undertaken than in previous years, with the resource required to deliver this being calculated over a 5 Year average in Appendix 3 Table 7. Not included here are any unpredictable or ad hoc interventions, for example, responding to consumer concerns over poor cleanliness or structural conditions, hygiene malpractices or unsatisfactory foods prepared or sold locally. The number of new premises which opened during Year 1 FLR 2021/2022 was 181. This was additional to 275 new premises which opened from 1 April 2020 to 31 August 2021 when food inspections had been suspended. The number of new premises which opened during Year 2 FLR (October 22-September 23) was 227. At 28th June 2024 all but 42 have been inspected. These have been scheduled for inspection. As many register in advance of the 28 days statutory period, new premises inspections cannot be undertaken as the business isn’t yet trading. When a food premises registration form (FPRF) is received by the Service, it is recorded as a Service Request. From that Service Request, the establishment will be created on the Service’s MIS and a Scheduled Inspection for it created 28 days from the date the FPRF is received. As such the scheduled inspections for new establishments are incorporated into the Service’s monthly inspection plans. The new FLRS places more emphasis on previously under enforced food standards matters and is therefore more resource intensive. In addition, the Service has continued with the rollout of the OCV audit process for approved premises. Training rolled out by FSS on this to ensure that officers can robustly challenge documentation provided by food business operators was delivered in 2022. The OCV checklist had been used to undertake desk top assessments of Group1 businesses, including manufacturers in line with Food Law Code of Practice deviations permitted by The Minister for Public Health and Sport. The OCV approach has been developed to ensure that the verification of a food control management system (FCMS) during an official control inspection is systematic, structured and scientific. It also ensures that the FCMS is verified both in terms of its validation and implementation. Implementation of this new process will significantly increase the time spent on official control visits at approved establishments. Page 87 of 204
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food safety/occupational health & safety service plan 2024/2025 20 Food law interventions undertaken for the high risk Group 1 manufacturers during 2023/24 did not utilise the OCV audit process, except where deemed appropriate. Food law interventions undertaken for the high risk Group 1 manufacturers during 2024/25 will not utilise the OCV audit process, except where deemed appropriate. The total numbers of inspections undertaken since FLR commenced on 1 October 2021 ( notionally started 1 September 2021) are: Year FLR Dates Food Law Food Hygiene Food Standards Total 1 01/09/2021-30/09/2022 1291 31 23 1345 2 01/10/2022-30/09/2023 1723 42 38 1803 3 01/10/2023-31/03/2024 ( 6 months only) 812 12 11 835 TOTAL 3983 With regard to the inspection of food premises outwith normal working hours, our policy is to ensure that, where premises are only open out with normal hours, appropriate provision is made for them to be inspected in accordance with at least the minimum number of visits determined by their risk rating. Health & Safety There is a Statement of commitment between Local Authority and HSE Regulatory Services which sets out our shared vision for an ongoing LA/HSE co-regulatory partnership available via https://www.hse.gov.uk/lau/statement.htm and which is appended to this Service Plan. In our interventions, we will respect the key provisions of the National Local Authority Enforcement Code. Priority action is resource dependent and will focus on matters pertinent locally. Fuller details of the occupational health & safety targets and objectives are prescribed in the report’s Appendix 1 and are subject to adequate resources. Other projects may be added where they present nationally via the HSE, regionally from the West of Scotland Health & Safety Liaison Group meetings or within North Lanarkshire through local intelligence. During 2023/2024, we continued 2 projects for proactive inspections based on national intelligence: (i) High Volume Warehousing/Distribution in respect of poorly managed workplace transport. (ii) Industrial retail/wholesale premises in respect of poorly managed workplace transport/work at height/cutting machinery/lifting equipment. We also undertook one project for pro-active inspections based on local intelligence involving tanning salons focussing on measures in place to monitor and validate that the necessary control measures are being implemented to minimise the risk to the health of persons using the tanning equipment or in the immediate vicinity of tanning equipment whilst it is operating. When food inspections are carried out, where relevant, gas safety, electrical safety and solid fuel appliance checks are undertaken. We have incorporated within our food safety letter templates information relating to health and safety topic information relating to : • Welfare provision for delivery drivers; • Work related road safety; Page 88 of 204
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food safety/occupational health & safety service plan 2024/2025 21 • The need to prevent injury to members of the public from accessing large commercial waste and recycling bins; • Work related stress and mental health campaign ‘Working Minds’. This has resulted in an excess of 1800 letters being sent containing this information to raise awareness of these key topics. It is estimated that 2.8 FTE of warranted officers time is spent on Health and Safety (based upon previous years’ intervention findings). 3.2 Food and Food Premises Complaints The Authority’s policy regarding the investigation of food complaints and food premises complaints is detailed in the Service’s Food and Food Premises Complaints Policy and Food Complaints Standard Operating Procedure (SOP) are within scope of the Service Delivery Procedure QAP 5.3 (Business Regulation) within the ISO 45001 compliant Occupational Health and Safety System. The Service intends to seek to maintain the performance target for investigating food and food premises complaints by commencing the investigation of a minimum of 90% of high risk food and food premises complaints within two working day’s notification and of low risk food and food premises complaints within 5 days. In addition, we will observe the advice contained within LACORS guidance on food complaints and liaise with home/primary and/or originating authorities. During the COVID-19 pandemic, many food businesses changed their operation, now having a greater presence on social media/digital platforms and therefore wider distribution. In addition, it is anticipated that there is an increased number of establishments under new ownership or management. As such it is more difficult to predict the number of food and food premises complaints anticipated during 2024/2025. Our average annual number of consumer complaints is 307 based on the last three years prior to 1 April 2020. These complaints may relate to the nature, substance or quality of foods, the condition of the businesses from where the foods were made or sold or the malpractice of food business operators. It was estimated that during 2022/23, we would deal with 300 consumer complaints, including ‘Other Food’ jobs logged. During 2022/23, we dealt with 248 Food and Food Premises Complaints, and 77 ‘Other Food’ service requests, totalling 325. During 2023/24 we anticipated we will deal with numbers similar with those experienced in 2022/23. During 2023/24, we dealt with 216 High Risk Food and Food Premises Complaints and 20 Low Risk Food and Food Premises Complaints, and 76 ‘Other Food’ service requests, totalling 312. They vary in complexity and the time required to complete our enquiries and can require corroboration increasing resource demand. Food and Food Premises Complaints are only a fraction of the overall Service Requests dealt with by the Service. During 2020/2021 there were 2,600 service requests were dealt with by Business Regulation, which was 33% more than the annual average from 2017/2018 to 2019/2020. During 2022/2023, Business Regulation dealt with 1,997 service requests, and in 2023/20204, dealt with 2,020 service requests. Over the last 2 years, the numbers of service requests dealt with by Business Regulation is marginally higher than the annual numbers received in a typical year pre-Covid (2018/2019 – 1,954 Service Requests in Appendix 3 Table 7 Service Requests). The estimate of anticipated resource required to process Food and Food Premises Complaints, including ‘Other Food’ service requests in a typical year is recorded in Appendix 3 Table 7 Service Requests. 3.3 Home Authority Principle/ Primary Authority Partnerships This Authority supported the LACORS principle of the home authority which has undergone review. We do not act as Home Authority for any businesses within the food sector. Home Authority agreements exist with other UK local authorities and for which we continue to liaise with those authorities where appropriate. There are currently no Page 89 of 204
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food safety/occupational health & safety service plan 2024/2025 22 Primary Authority Partnerships in place in North Lanarkshire. Where businesses have Primary Authority Partnerships (PAPs) with other local Authorities, inspection plans and guidance published by the PAP will be considered and as a matter of course there will be liaison with the PAP if formal enforcement action is considered. The Primary Authority Scheme does not apply in Scotland with regard to Food Law. Collaboration and a good working relationship between local authorities and the Primary/Home Authority is encouraged by FSS and is undertaken by this Authority as per the Code. As such matters of legal interpretation and consistency in relation to enforcement of a business within NLC and which may have implications for their business premises outwith our area will be discussed with colleagues in the appropriate regional or local food liaison group and the Home Authority and / or Originating Authority, if appropriate. Unilateral decisions on interpretations will be avoided without first seeking the views of other Food Authorities, the Scottish Food Enforcement Liaison Committee (SFELC) or in relation to England the Local Government Association (LGA). Notwithstanding this, advice and guidance is given freely, where requested, to food traders and numerous enquiries are dealt with from other Authorities throughout the UK in accordance with the following broad principles: • Special emphasis is placed on the monitoring of goods and services originating from this area. • Guidance and advice are given to businesses on food safety matters. • Enforcement action makes provision for liaison with Other Authorities, where appropriate. 3.4 Advice to Businesses Free advice is normally given to food safety and occupational health & safety businesses following routine interventions and/or in response to separate enquiries. There is also a partnership agreement with Business Gateway to offer free advice to start up and ‘fledgling’ businesses who choose to locate within North Lanarkshire. This was stood down due to pandemic as it is reliant on information being furnished by Business Gateway, but we anticipate that this will resume as part of business recovery. We work in partnership with the Enterprise Team who award Business Improvement Grants to help identify new or existing businesses with which we may have an interest and provide advice as appropriate. We regard the advice given by our Officers as being an important part of our role as a regulator in helping businesses to understand what is required and what good practice looks like. We are keen to ensure that all this work is undertaken to the highest possible standard and, wherever possible, improve the level of customer service. As part of this process, customer satisfaction questionnaires were sent to all businesses following a routine intervention. This was stood down during the Pandemic and has since been reviewed to digitise the process. The new digitised process, which will commence during 2024/2025, includes a QR code and online survey link being added to templates of our standard letters so they will be included in correspondence issued to all food establishments after routine intervention. This will ascertain the perceived level of customer service and afford the recipients of our service an opportunity to make their views on the level of customer service we provide known to us. By doing so, we also commit to improve our standards where we can. Business Regulation use mailshot email communications with business for relevant matters arising e.g., during 2021/2022 for introduction of new legislation relating to food prepacked for direct sale (Natasha’s Law), during 2022/2023 to raise awareness of Listeria monocytogenes in cold cuts of meat and smoked fish amongst butcher's premises and care homes respectively and during 2023/2024 to raise awareness amongst relevant businesses of industry guidance relating to the sale of slush ice drinks in response to adverse health effects experienced by young children after consuming slush iced drinks. Page 90 of 204
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food safety/occupational health & safety service plan 2024/2025 23 Our average number of business advice requests was 195 based on the last 3 years prior to Covid. We have seen a reduction in the number of business advice requests received over the last couple of years. During 2021/2022 we received 163, during 2022/2023 we received 113 and during 2023/2024 we received 62. It is anticipated this demand will be ongoing. These vary in complexity and time required to complete. As such it is difficult to accurately assess resource implications. Customer service satisfaction questionnaires were previously dispatched to a proportion of all other service users where a request has been logged on our computer system. This included food product and food business premises complaints, infectious disease investigations, health & safety issues and complaints and enquiries from members of the public. This was stood down during the Pandemic and has since been reviewed to digitise the process. The new digitised process, which will commence during 2024/2025, includes an online survey link being added to the NLC website. 3.5 Food Inspection and Sampling The policy of this Authority is to have an effective routine sampling programme where the principal aim is to assist in protecting the public and to meet relevant statutory obligations. The main thrust of the sampling programme is to focus on high risk food premises and on local manufacturers. The Council also participates in sampling initiatives agreed by the West of Scotland Food Liaison Group. The analysis or examination of food and water samples is conducted by Glasgow Scientific Services who are also consulted with regard to the nature and range of samples proposed to be taken each year in accordance with the requirements of the Food Law Code of Practice (Scotland). Whilst our annual Sampling Programme for 2024/2025 has still to be completed, it will continue to be a risk based approach and will be undertaken in accordance with our Sampling Policy. It will focus on high risk premises within North Lanarkshire and is based on local priorities, as well as national priorities recommended by FSS, SFELC and projects agreed within West of Scotland Food Liaison Group. The FSS funded sampling programme co-ordinated by GSS across LAs within the West of Scotland Food Liaison Group and which focuses on potentially emerging issues has commenced. Note: The number of samples taken will be determined by resource availability and priorities for the year. 3.6 Control and Investigation of Communicable Disease including Outbreaks and Food Related Infectious Disease This Authority works with NHS Lanarkshire Public Health to the national guidance by Scottish Health Protection Network on management of public health incidents and management of foodborne illness for the investigation of public health incidents and control of food poisoning. This is an important document which acts as a reference point for assisting in the investigation and control of public health outbreaks and incidents. Desktop exercises to ‘test’ plans, working in partnership with South Lanarkshire Council and NHS Lanarkshire Public Health have been useful in the past and are likely to be repeated. Our average annual number of confirmed cases of food poisoning notified is 106 based on three years prior to 1 April 2020. In 2020/21, 40 cases of food poisoning were reported to this Authority by NHS Lanarkshire, which is a significant drop in previous years. In 2021/22, 47 cases of food poisoning were reported to this Authority by NHS Lanarkshire which is 17.5% increase from the previous year. In 2022/23, 87 cases of food poisoning were reported to this Authority by NHS Lanarkshire. This is an 85% increase on the previous year. The number of notifications was anticipated to continue to increase to pre-pandemic average levels due to the return of international travel. In 2023/2024, 114 cases of food poisoning were reported to this Authority by NHS Lanarkshire seeing a return to around the pre-pandemic annual average. The Service seeks to maintain that a target of a minimum of 94% of infectious disease cases will be responded to within the time frames stated within the NHSL Epidemiological Page 91 of 204
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food safety/occupational health & safety service plan 2024/2025 24 Investigation Protocol. During 2023/24, we responded to 100% of these within timeframe. The estimate of anticipated resource required to process IDs based on a typical year is recorded in Appendix 3 Table 7 Service Requests. 3.7 Food Safety Incidents These are dealt with in accordance with the procedures detailed in the Food Law Code of Practice (Scotland). An out of office hours stand by service is maintained to respond to emergencies including Food Alerts for Action (FAFA) issued through Food Standards Scotland’s warning system. No FAFA were received from FSS in 2018/2019 to 2022/2023. One FAFA was received during the 1st quarter of 2023/2024 which involved considerable staff resource. It is estimated that that we will receive no more than 5 Food Alerts For Action from FSS during 2024/25. During 2021/2022 we dealt with 10 Food Safety Incidents and Investigations in partnership with FSS. These are an intense use of officer resource requiring input from multiple officers and management working in partnership with the FSS Food Crime and Incidents Unit, with implications across Scotland and UK. This number is far greater than previously experienced and forecast but is difficult to predict. During 2022/2023, we dealt with 7 Food Safety Incidents and Investigations. One related to food retailed within NLC but manufactured within another LA. During 2023/2024, we dealt with 5 Food Safety Incidents and Investigations all relating to food manufactured outside North Lanarkshire but delivered to premises within. It is estimated that in 2024/2025 we will deal with no more than 10 Food Safety Incidents and Investigations in partnership with FSS. The estimate of anticipated resource required to process Food Safety Incidents in a typical year is recorded in Appendix 3 Table 8 - Miscellaneous Foreseeable Additional Demands on Service Resource. Food Safety Incidents may be linked with Food Crime and Fraudulent Activities, Paragraph 3.10. 3.8 Liaison with Other Organisations To ensure a consistent approach to enforcement action with neighbouring local authorities, North Lanarkshire is represented in the West of Scotland Food Liaison Group (WSFLG) and the West of Scotland Health & Safety Liaison Group (WSHSLG). During 2023/2024, North Lanarkshire was also a WSHSLG representative on the Health and Safety Co-ordinating Group Scotland (HASCOG), a group which co-ordinates health and safety enforcement. NL was represented at SFELC Seafood Working Group for a Scottish solution to Export Health Certification requirements for Scottish Seafood Industry in preparation for our exit from EU in respect of fish exporters. Internally, the Service liaises with Planning and Building Standards to ensure responses to planning and building warrant consultations are responded to within timeframe. The control of ventilation within the workplace is one of the key mitigations in control of Coronavirus. It is therefore anticipated that ventilation requirements within new builds will be of key consideration in both planning and building warrant consultations on which this Service will be consulted. This Service also liaises with Licensing to ensure the same for licensing consultations and provides Section 50 Certification for premises confirming they meet with the structural requirements of food legislation. The Service is also represented on NLC’s Safety Advisory Group (SAG) which co-ordinates and considers event applications to NLC. As previously stated, NLC works in partnership with NHS Lanarkshire and South Lanarkshire Council and has produced a Joint Health Protection Plan for the Lanarkshire area. This is an important document which acts as a reference point for assisting in the investigation and control of public health outbreaks and incidents. Although the pandemic greatly increased our level of interaction between NHS Lanarkshire Public Health, liaison meetings with NHS Lanarkshire were always held on a regular basis and will continue to be so. Page 92 of 204
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food safety/occupational health & safety service plan 2024/2025 25 The estimate of anticipated resource required to process services requests in respect of liaison with other organisations and internally is recorded in Appendix 3 Table 7 - Service Requests - Based on a typical year pre-Covid (2018-19). Table 7 does not include provision of mutual aid. 3.9 EU Exit Of greatest concern in respect of the impact of EU exit was the Scottish food export market and in particular fish and shellfish. North Lanarkshire has two major fish exporters within its boundary. Prior to 1 January 2021 there was no need for export health certificates (EHCs) for export of such produce to the EU, however this changed due to EU exit which in short means that each individual consignment of fish/ shellfish requires an individual EHC. Export Certification Hubs such as those within North Lanarkshire reduced the impact of EHCs required and therefore associated charges. This was foreseen to place a very significant burden on those LAs in which they are situated and who were unable to resource it from current staffing resources without a very significant and detrimental impact to other public health roles and to the Local Authorities statutory functions. In July 2020, Scottish Government determined that provision of EHCs at the Hubs would be overseen by FSS and not LAs. North Lanarkshire Council formally offered mutual aid to FSS in respect of fish export hubs located within the district, effective from 1 January 2021. This was to ensure adequate resource was in place at the hubs to issue Export Health Certificates and thereby prevent exports being adversely hampered by the pandemic. Although this has not been called upon, the mutual aid for other agency partners remains in place. The Hub model requires risk-based certification of fishery products and live bivalve molluscs which required originating authorities, including North Lanarkshire, to provide attestations of compliance of supplier premises to Food Standards Scotland which oversees the hubs. These are done in at least 6 monthly intervals and require ongoing OCV audit of supplier premises. We have also provided support and guidance to other approved premises and manufacturing premises which export to assist with the complex EU exit rules which now exist. These can involve complex considerations following export issues at Border Control Posts and can require liaison with both FSS and Department of Environment Food and Rural Affairs (DEFRA). The Windsor Framework has alleviated the potential impact of the original NI Protocol in respect of exports of Products of Animal Origin to Northern Ireland. 3.10 Food and Health & Safety Promotion We aim to continue to give our full support in 2024/2025 to Food Standards Scotland’s Eat Safe Initiative. The scheme consists of an award granted by Councils to specific categories of food businesses within the scheme which meet standards of hygiene in excess of that required by current food hygiene legislation. This scheme provides a recognisable sign of excellence in food hygiene. It is intended to promote the scheme, wherever possible, to encourage as many food businesses as possible to attempt to obtain and retain the award thus helping to drive up food safety standards within North Lanarkshire. We had worked in partnership with the Scottish Government and NHS Health Scotland to promote the Healthy Living Award via our website. The Healthy Living Award was paused due to Covid-19 Pandemic and is not being restarted. A new eating out, eating well framework is being developed by Public Health Scotland to help businesses offer healthier food options. We will also continue to work with the Scottish Centre for Healthy Working Lives to promote health & safety in small and medium sized businesses within North Lanarkshire. (This was stood down due to the pandemic, but we will resume liaison as part of business recovery.) Page 93 of 204
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food safety/occupational health & safety service plan 2024/2025 26 And we will work with the HSE to promote national priority topics and campaigns. It is difficult to accurately assess resource implications for the initiatives and promotional work which we aim to undertake during 2024/2025. It is also difficult to identify measures that will be used to evaluate the effectiveness of these. 3.10 Food Crime and Fraudulent Activities Activity that is classed as Food Fraud and / or Food Crime can be described as serious dishonesty that impacts detrimentally on either the safety or the authenticity of food. Food Fraud is a dishonest act or omission, relating to the sale or preparation of food, which is intended for personal gain or to cause loss to another party. Food Crime (serious Food Fraud) is considered to be serious or complex fraud or serious and dishonest regulatory non-compliance in relation to food, drink and animal feed. Upon suspicion of Food Fraud, action shall be taken as set out within the Service Food Incidents, Alerts, Food Fraud & Food Crime Policy and Standard Operating Procedure, which are aligned with the Code. There is an anticipated increase in food crime and fraudulent activities as a result of our exit from the EU. These are an intense use of officer resource requiring input from multiple officers and management working in partnership with Food Standards Scotland Food Crime and Incidents Unit, and across other local authorities. The estimate of anticipated resource required to process Food Crime in a typical year is recorded in Appendix 3 Table 8 -Miscellaneous Foreseeable Additional Demands on Service Resource. Food Crime and Fraudulent Activities may be linked with Food Safety Incidents, Paragraph 3.7. 3.12 Other Demands on Service During 2022/2023 there were 1,997 service requests, and during 2023/2024 there were 2,020 service requests dealt with by Business Regulation. This has seen a return in the last 2 years to annual numbers received in a typical year pre-pandemic. In October 2022, FSS announced the launch of the Scottish Authority Food Enforcement Rebuild (SAFER) programme to develop the future model for delivery of official controls. It is to be a collaborative approach involving FSS, Local Authorities and Scottish Government. It is recognised that, for a number of years, across Scotland there has been a decline in FTE Food Officers but an increase in demands placed upon them due to changes in food premises and increased demands due to the new Food Law Rating Scheme. Local Authorities are being asked to free up resource to assist with its development. The SAFER themes and workstreams include: Resourcing- Qualifications and Competency Digitalisation-Centralised Database & Dynamic Delivery Food Law Delivery-Interventions & Charging North Lanarkshire Council Business Regulation staff have already attended SAFER events to contribute to the programme and are already engaging with FSS. To assist with succession planning , North Lanarkshire Council continue to train student Environmental Health Officers and have committed to offer a training position each year to a student studying Environmental Health at University of the West of Scotland, during their 3rd year and following graduation, to provide the practical training required for them to be presented for examination for the professional qualification required for Environmental Health Officers. Page 94 of 204
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food safety/occupational health & safety service plan 2024/2025 27 SECTION 4: RESOURCES 4.1 Financial Allocation The cost of operating the food safety service is estimated at £1,206,160. This is based on 80% of Business Regulation staff resource being spent on Food Safety (and is inclusive of the annual SLA charge for GSS which is utilised across other NLC services and is £293,538 this financial year). There is no specific financial provision for any legal action necessary as part of our enforcement function as this is provided within the Council by its Legal & Democratic Solutions Service. 4.2 Staffing Allocation The current Business Regulation Service staff establishment is as follows: • Protective Services Manager (Non-operational and shared with Pollution Control & Public Health and Trading Standards) • Assistant Business Manager (Business Regulation) who is also Lead Food Officer • 3 Senior FTE Environmental Health Officers • 14.5 FTE Environmental Health Officers • 2 FTE Food Safety Officer (FSO) The main changes to staffing allocation since 2023/2024 Service Plan is: • The vacant FSO post for which recruitment was underway in June 2023 has been filled. This post had changed on the establishment from an EHO to an FSO due to difficulty in recruiting an EHO for a post vacated late 2022. The Service is jointly responsible for food safety and occupational health & safety issues. Consequently, staff have a dual role, but flexibility is applied whereby staff resources will be used wherever there is most need and this will be kept under review. The Food Law Code of Practice (Scotland) 2019 details competency and authorisation levels of Authorised Officers of Food Authorities who carry out interventions, in line with Regulation (EC) No 882/2004. Authorisation Levels are published on NLC’s website. EH and FSO competency and authorisation levels in June 2024: Designation Number of FTE Officers Certifying Support Officer Competency EHO >2 Years Food Experience 13 N/A EHO <2 Years Food Experience 1.5 N/A FSO >2 Years Food Experience 2 N/A Total 16.5 0 The anticipated increase in our inspection activity due to the progressive implementation of the Food Law Rating Scheme and intended roll out of OCV for approved premises and high risk Group 1 manufacturers placed doubt over North Lanarkshire Council’s resource capability to deliver its estimated inspection activity in 2019/2020. This resulted in the creation of an additional 2 FTE permanent EHO posts in November 2019. A review of Business Regulation Management Resource undertaken in August 2020 led to the creation of a third SEHO post and the deletion of a front line EHO post. Following approval at the Workforce Steering Group on 23 July 2021 for an Page 95 of 204
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food safety/occupational health & safety service plan 2024/2025 28 additional 3 temporary EHOs/FSOs to assist with COVID recovery, recruitment campaigns for temporary staff were unsuccessful. This resulted in the deletion of these 3 temporary posts and the creation of 2 FTE Environmental Health Officer posts as permanent additions to the establishment within Business Regulation early in 2022. The FSS Resource Methodology Guidance was utilised to identify any potential shortfall in our staffing complement. Programmed food law Interventions resumed on 1 September 2021 following the Desktop Transfer and revised Intervention Programme. However, for performance monitoring and reporting purposes, the Intervention Programme Start Date for North Lanarkshire was 1 October 2021 as this will keep all quarterly reports aligned with normal Service planning and reporting. It is anticipated that the total resource required from the Intervention Programme Start Date of 1 October 2021 is as follows, as detailed in Appendix 4 Table 4: Activity/ statutory Duty Required FTE resource calculated-annual Required FTE resource calculated - over 5 years Food Law Recovery process visits 16.66 Food Interventions – first recurring programmed intervention only 13.16 FL intervention revisits 2.84 FL Interventions re Poor Compliance and New Businesses Year 1 Only 4.71 New Business Interventions Years 2 to 5 2.22 8.89 Service Requests 3.89 19.45 formal food enforcement notices 0.35 Health & Safety Enforcement 3 15 OCV/Primary Producers 0.92 4.6 Subtotal – 5 year resource FTE 85.66 (17.13 Average per annum) Sickness/ Special Leave & Training 1.98 9.91 Miscellaneous Additional Demands on Service Resource 4.77 Total 100.34 FTE over 5 years 20.07 FTE per annum (average) A ‘standard day’ figure for the calculation of resources required to meet food law obligations has been considered and determined that the figure of 7 hours is the most suitable. The OCV calculation has been calculated in accordance with FFS/SFLEC OCV Guidance which does not include travelling time or time allocated to report writing or enforcement activity. For the purposes of the OCV calculation, 1.0 officer-day equates to 5 FTE Hours. Page 96 of 204
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food safety/occupational health & safety service plan 2024/2025 29 The number of working days per officer per year, taking account of annual leave and public holidays is 218, however other leave such as sickness absence, special leave and training still need to be factored in. This other leave has been considered in the above table to determine resource needed. As an alternative to recruitment consideration will again be given to the use of agency staff for inspections, if required, albeit any enforcement action will require to be handed back to NLC staff to implement. Costings of agency inspections will need to be undertaken before a final decision is taken on this. A review of North Lanarkshire Council resource to meet its statutory obligations in terms of the Interventions Food Law Code of Practice (Scotland) 2019 and Food Law Code of Practice (Scotland) 2019 has been undertaken as part of the Food Law Code of Practice Deviation Recovery Plan. The estimated resource requirement shows a deficit in our resource to meet statutory requirements. There is a national shortage of Environmental Health Officers which impacts on the success of recruitment campaigns, particularly for temporary posts. The estimated resource requirement is under ongoing review. At June 2024, we are still within Year 3 of the Intervention Programme Start Date. 4.3 Staff Development Plan The Service is committed to ensuring that staff receive sufficient training in order to properly conduct their statutory duties. The key aim of the performance review & development scheme (PRD) is to provide a means of identifying training which meet their professional requirements and help reach the targets of the Operational and Service Plans as well as the Single Outcome Agreement Framework. Limited management capacity within Business Regulation coupled with preparations for EU exit dates set and resource demands from the pandemic meant the Business Regulation Service was unable to deliver PRDs within 2019/2020 to 2023/2024. As yet there has not been the resource to do so within 2024/2025. It is however ensured that all Business Regulation staff undergo a minimum of 10 hours of Continuous Professional Development (CPD) in food related matters, in line with requirements of the Food Law Code of Practice (Scotland) 2019. This was achieved on an annual basis from 2019/2020 to 2023/2024. In addition, all Environmental Health Officers within Business Regulation undergo a minimum of approximately 3 hours of health and safety CPD annually. Adequate time needs to be set aside to allow officers to acquire knowledge and competency with new and amended legislation and guidance e.g. that relating to improving allergen information for food sold prepacked for direct sale introduced October 2021 (Natasha’s Law). In addition, there had been a need for officers to refamiliarize themselves with other food guidance as a result of food interventions having been stood down. FSS rolled out Level 4 HACCP (Hazard Analysis and Critical Control Point) Courses and OCV courses and which were successfully delivered online during the pandemic. The HACCP course lasted for 5 days with exams on the 6th day. The revised HACCP run in 4th quarter of 2021/2022 and of 2022/2023 lasted for 4 days with exams on the 5th day. In addition, 1 day study leave is given to each officer attending to prepare for exams, in accordance with the Council’s Special Leave Policy. The OCV course also lasts for 4 days with exams on the 5th day. The revised OCV course during 2021/2022 ran for 3 days, with 14 hours pre-course reading. The time allocated to each course by the Council will be 6 days for Level 4 HACCP and 5 days for OCV. During 2021/2022 we had 15 staff attend OCV training and none attending Level 4 HACCP. During 2022/2023, 3 staff successfully completed Level 4 HACCP Training and Qualification. OCV training courses were not available for these staff to attend in 2023/2024. It is hoped that places will be available for an OCV course this year for these staff to attend to enable them to lead on OCV at Approved Establishments. During 2022/2023, 21 Business Regulation staff underwent Food Competent Certifying Officer (FCCO) training and successfully completed the examination. This is a requirement for BR Staff to act as FCCOs to provide and validate export health certificates and attestations for the purpose of international food exports post EU exit. Page 97 of 204
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food safety/occupational health & safety service plan 2024/2025 30 During 2022/2023 and 2023/2024, the majority of Business Regulation staff attended a 2 day Enforcement Sanctions training course through Food Standards Scotland. The purpose of these courses was to provide officers with the scientific, legal, theoretical and practical knowledge, in order to competently serve a range of enforcement notices. These courses included workshop participation alongside enforcement colleagues from other local authorities. E-learning courses from Food Standards Scotland were undertaken by most officers in 2023/2024. These included three 7- hour courses on Ready to Eat Food, Game and Fish. This has been extended in 2024/2025 for remaining officers who did not complete them last year due to competing demands. Resource required for training is included within Appendix 3 Table 12 - Summary Estimate of Resources Required to Deliver Business Regulation Service Across the Food Law Recovery Period (Oct 2021-Sep 2026). SECTION 5: QUALITY ASSESSMENT 5.1 Quality Assessment and Internal Monitoring Key food law and occupational health & safety law policies and procedures are within scope of an ISO 45001: 2018 Occupational Health and Safety Management System and are periodically reviewed to reflect on-going legislative and procedural changes. Reviews have recommenced following being stood down during the pandemic due to other demands placed on the Service. In response to the 2018 Audit by FSS, we reviewed our internal monitoring, which had previously formed part of the ISO System, and implemented an Internal Monitoring Policy and Procedure to ensure that the nature and quality of food law interventions undertaken by officers are, so far as is reasonably practical, carried out to a uniform high standard and that interpretation and action taken by officers is consistent. This Internal Monitoring Policy and Procedure was stood down due to the pause in food law interventions and the additional pressures placed on the Service in response to the pandemic. This Internal Monitoring Policy and Procedure was reviewed in 2023 and is being implemented again during 2024/25. SECTION 6: REVIEW 6.1 Review against the Operational Plan The Service Plan will be reviewed quarterly by the Assistant Business Manager (Business Regulation) and details of reviews will be documented in the minutes of the Protective Services Management Team and any decisions taken to address deficiencies shall be recorded therein. Review and reporting delivery of the 2019/2020 Service Plan was not concluded due to pressures placed upon the Service due to the pandemic. The intervention programme was not concluded because inspections were stood down on 17 March 2020. Inspections missed because of that are incorporated into the Food Recovery Plan contained within this Service Plan. Annual performance reports of Key Performance Indicators shall be published on North Lanarkshire Council’s website at: www.northlanarkshire.gov.uk. Review and reporting delivery of the 2021/2022 Service Plan was not concluded due to pressures placed upon the Service due to the pandemic. Review against the Operation Plan was resumed during 2022/2023. 6.2 Identification of any Variation from the Operational Plan Variances from the Operational Plan will be highlighted at the time of the review and any reasons for the variance will be noted along with any corrective action, if appropriate. 6.3 Areas for Improvement Page 98 of 204
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food safety/occupational health & safety service plan 2024/2025 31 Any areas identified as requiring action will be detailed as part of the audit and review process. These will be addressed by the Protective Services Manager and the Assistant Business Manager (Business Regulation) as part of the review process and action taken shall range from immediate action to inclusion in the Operational Plan for future years. Business Regulation participated in the NL Digital Sprint during 2021/22 for Licensing activities before the main Service Sprint which is still to be completed. The resource capacity for this is included within Appendix 3 Table 11 - Miscellaneous Foreseeable Additional Demands on Service Resource. Review and upgrade of our MIS will also require a resource capacity which is difficult to determine, and which will add to the demands placed on the Service. A new MIS solution has not yet been selected. In addition to the above there are Business Regulation Service Improvement Working Groups which are set up, as required. The estimate of anticipated resource required is included within Appendix 3 Table 11 - Miscellaneous Foreseeable Additional Demands on Service Resource. SECTION 7: PERFORMANCE PLANNING 7.1 Performance Plan The Performance Plan for 2024/2025 details the targets which have been set for key areas of work. Monitoring against these key areas will be undertaken on a quarterly basis as part of the review process and reasons will be recorded for any non-conformance together with the appropriate corrective action. Inspections resumed on 1 September 2021 following the Desktop Transfer and revised Intervention Programme. However, for performance monitoring and reporting purposes, the Intervention Programme Start Date for North Lanarkshire was 1 October 2021 (with the agreement and approval of FSS) to keep all quarterly reports aligned with normal Service planning and reporting. At 1 April 2024, we were 6 months into Year 3 of a 5 Year Food Law Recovery Plan. The details are listed in the Appendix 1 Business Regulation Performance Plan below. Page 99 of 204
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Appendix 1 - BUSINESS REGULATION PERFORMANCE PLAN 2024-2025 Note: The Intervention Programme Start Date for North Lanarkshire’s food law recovery was 1 October 2021 to keep all quarterly reports aligned with normal Service Planning and Reporting. The food law recovery plan is programmed for a 5-year period from 1 October 2021. Note the Scottish Authority Food Enforcement Rebuild (SAFER) being led by Food Standards Scotland could impact on the performance targets below. Core Activities Target Start & Stop Dates Projected Achievements/ Outcomes Lead Team Other Teams Monitoring Arrangements BR1 Food Law Code of Practice Deviation Recovery Plan 1 April 2024 to 31 March 2025 Continue the Food Law Code of Practice Deviation Recovery Plan in accordance with FSS and Scottish Food Enforcement Liaison Committee broad principles BR Service None Quarterly review BR 2 Food Law Inspections of all risk rated premises. 1 April 2024 to 31 March 2025 Undertake 80% of inspections within deadlines set from FLCoP Deviation Recovery Plan. BR Service None Monthly – Assistant BR Manager / Quarterly review. BR 3 Sampling in Food Premises. 1 April 2024 to 31 March 2025 Review sampling programme and take samples within scope of sampling agreement with GSS & FLCoP Deviation Recovery Plan. Priority given to samples from Approved or manufacturing premises located within North Lanarkshire. BR Service None Sample numbers monitored by PS Manager. Assistant BR Manager to monitor follow-up of reports of sample failures. BR 4 National Food Sampling Programme. 1 April 2024 to 31 March 2025 Seek to conduct food sampling in partnership with other agencies, in accordance with national programmes & FLCoP Deviation Recovery Plan. BR Service FSS, WOSF LG Quarterly review of programmes/ sample types by Assistant BR Manager. BR 5 Investigation of Food and Food Premises Complaints. 1 April 2024 to 31 March 2025 Commence investigation of 90% of high risk food and food premises complaints within 2 working days of receipt. BR Service None BR Managers monitor progress of investigation. BR 6 Investigation of Food and Food Premises Complaints. 1 April 2024 to 31 March 2025 Commence investigation of 90% of low risk food and food premises complaints within 5 working days of receipt. BR Service None BR Managers monitor progress of investigation. BR 7 Sampling from Public Water supply. 1 April 2024 to 31 March 2025 Limited to domestic complaint samples after referral to SW has not resolved issue and sampling of BR Service None Quarterly review by Assistant BR Manager. food safety/occupational health & safety service plan 2024/2025 32 Page 100 of 204
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33 food safety/occupational health & safety service plan 2024/2025 commercial premises (manufacturers and approved premises), as appropriate. BR 8 Investigation of Infectious Disease Reports. 1 April 2024 to 31 March 2025 Respond to 94% of notifications in accordance with the NHSL Epidemiological Investigation Protocol. BR Service None Assistant BR Manager BR 9 Requests for assistance and advice. 1 April 2024 to 31 March 2025 Respond to 93% of high risk requests for assistance/advice within 2 working days of receipt. BR Service None BR Managers to conduct random checks. BR 10 Requests for assistance and advice. 1 April 2024 to 31 March 2025 Respond to 93% of low risk requests for assistance/advice within 5 working days of receipt. BR Service None BR Managers to conduct random checks. BR 11 Ongoing review of food safety policies and procedures in line with Food Law Code of Practice (Scotland). 1 April 2024 to 31 March 2025 Review policies and update where required. BR Service None Monitoring undertaken by Assistant BR Manager. BR 12 Professional Training. 1 April 2024 to 31 March 2025 Ensure all BR Officers meet professional development targets including that required by the Food Law Code of Practice (Scotland) and FCCO training, as required by APHA. BR Service Yes BR Managers ongoing review. Monitoring for non BR Standby Officers undertaken by Protective Services Manager. BR 13 Food Hygiene Information Scheme (FHIS). 1 April 2024 to 31 March 2025 Maintain and supply data for FHIS BR Service None Assistant BR Manager BR 14 Food Hygiene Information Scheme (FHIS). 1 April 2024 to 31 March 2025 90% of food premises achieve the FHIS ‘Pass’ award. It is anticipated there will be a greater number of Improvement Required due to pause in programmed interventions. BR Service None Assistant BR Manager Quarterly review. BR 15 Food Premises Registration Form 1 April 2024 to 31 March 2025 Continue to develop online registration of food establishments as Digital NL Sprint progresses BR Service IT Assistant BR Manager Page 101 of 204
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BR 16 Applications for approval under Regulation EC No 853/2004 1 April 2024 to 31 March 2025 Ensure that all applications for approved premises are processed within the legislative time frame BR Service None Quarterly review by Assistant BR Manager. BR 17 Audit of Premises approved under Regulation EC No 853/2004 1 April 2024 to 31 March 2025 Continue to progress implementation of the Official Control Verification (OCV) audit process for Approved Premises in line with FSS OCV Implementation Guide. BR Service None Quarterly review by Assistant BR Manager. BR 18 Private Water Supplies 1 April 2024 to 31 March 2025 Update and maintain register of Private Water Supplies and investigate opportunity for online publication. Continue to implement a monitoring programme for each regulated supply and each private water supply zone. For regulated supplies, continue to undertake risk assessments, where applicable, in relation to water introduced into, and supplied through and from, each private water supply system to premises in its area, to establish if there is any risk that the water could pose a potential danger to human health. BR Service None Quarterly review by Assistant BR Manager. BR 19 Process all applications for Private Water Supply Grant Assistance 1 April 2024 to 31 March 2025 Ensure that all applications for grant assistance are processed within the legislative timescale. BR Service None Quarterly review by Assistant BR Manager. BR 20 Attestation and Export Health Certification Requirements and other certification relating to exports. 1 April 2024 to 31 March 2025 Continue to provide Attestations, Export Health Certificates, and other certification relating to exports as required. BR Service None PS Manager/ Assistant BR Manager. BR 21 Health and Safety Enforcement. 1 April 2024 to 31 March 2025 Implement the provisions of the National Local Authority Enforcement Code. Priority with regard to implementation will be dependent on resources and will focus on those provisions which are particularly relevant to North Lanarkshire Council. BR Service HSE Assistant BR Manager/ Quarterly Review. BR 22 Gas Safety and electrical safety in catering establishments. 1 April 2024 to 31 March 2025 Undertake surveillance in catering premises visited during food inspections for matters of evident concern relating to gas safety and electrical safety. BR Service None Assistant BR Manager/ Quarterly Review. food safety/occupational health & safety service plan 2024/2025 34 Page 102 of 204
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food safety/occupational health & safety service plan 2024/2025 35 A recent trend being reported is catering premises switching from mains gas to LPG. As well as the requirements for proper installation, maintenance and inspection by a competent Gas Safe registered engineer, visits should also check the nature of any fuel supplies to gas fired appliances. Where LPG is used as a fuel supply, checks should include its safe use and storage. Useful resources: Catering Information Sheet (CAIS23) - Gas safety in catering and hospitality Catering Information Sheet Catering Information Sheet (CAIS10) – Ventilation in catering kitchens http://www.hse.gov.uk/toolbox/gas.htm Safe use of propane and butane cylinder and cartridges. BR 23 Hospitality Establishments-electrical safety 1 April 2024 to 31 March 2025 To improve standards of compliance, increase awareness of legislative requirements to ensure electrical equipment with potential to cause injury is maintained in a safe condition. Remind duty holders to ensure both the fixed installation and electrical appliances are inspected by competent persons at appropriate intervals. Pubs, restaurants and cafés are urged to ensure outdoor electrical equipment such as lights and heaters are specifically designed for outdoor use, installed by a competent person and checked regularly for damage or water ingress. Useful guidance Electrical safety at work Assistant BR Manager/ Quarterly Review. BR 24 Health & Safety projects (subject to adequate resources and which will be dependent on FLCoP Deviation Recovery Plan). 1 April 2024 to 31 March 2025 (i) ( Proactive inspection of High Volume Warehousing/Distribution in respect of poorly managed workplace transport. (ii) Proactive inspection of industrial retail/wholesale premises in respect of poorly managed workplace BR Service HSE/ WSH& SLG Assistant BR Manager/ Quarterly Review. Page 103 of 204
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food safety/occupational health & safety service plan 2024/2025 36 transport/work at height/cutting machinery/lifting equipment. (iii) Raise awareness with relevant premises (e.g., restaurants, takeaways, warehouses that receive regular deliveries) the national priority in relation to welfare provision for delivery drivers that HSE guidance states that where it is practicable and appropriate, any onsite toilet and rest facilities should be made available to visiting workers if requested. (iv) incorporate into interventions of commercial catering premises using solid fuel cooking equipment, that appropriate measures are taken to prevent carbon monoxide poisoning from lack of suitable ventilation and/or unsafe appliances. (v) Visitor attractions to prevent or control ill health arising from animal contact-awareness raising, education or proactive intervention. (vi) Inflatable Amusement Devices-awareness raising of safety measures; (vii) Trampoline Parks/Inflatable Jump Parks- highlight with local duty holders improved information provision and supervision of users; (viii) Investigation of any patterns of accidents. (ix) Work Related Road Safety-awareness raising in LA enforced premises e.g., warehouses, restaurants, takeaways and other retail premises where workers make deliveries that law requires business to manage work related road risk in accordance with recently reviewed joint HSE/DfT guidance Driving and Riding Safely for Work Page 104 of 204
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food safety/occupational health & safety service plan 2024/2025 37 (x) Falls from height-work on/adjacent to fragile roofs/materials- where identified during visits discuss associated risks, to ensure prospective clients for repair and maintenance work (owner or building user) are aware of their duties under CDM 2015 and the precautions needed, referring them to the appropriate guidance Fragile roofs: Safe working practices (hse.gov.uk). (xi) Raising awareness of the work related stress and mental health campaign ‘Working Minds’ with businesses. (xii) Legionella-Raise awareness of the risk of spa pools and hot tubs in the holiday sector. (xiii) project that Legionella risks from cooling towers in built up areas are being appropriately managed. (xiii) Continue local project regarding compliance within tanning salon sector (ix) Nailbar project in conjunction with other LA within WSHSLG Officers to continue to deal with any MEC arising whilst carrying out other interventions, including e.g. • ‘Slips, Trips & Falls’ • handling hot liquids in catering premises • safety of solid fuel ovens in catering premises, and • work at height and fragile roofs. Additional projects will be added to those detailed above if they become relevant having been Page 105 of 204
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food safety/occupational health & safety service plan 2024/2025 38 highlighted nationally by the HSE, regionally by the WSHSLG or by local intelligence. BR 25 Licensing Applications 1 April 2024 to 31 March 2025 Ensure licensing responses to consultation are made within 10 working days. BR Service Licensi ng Assistant BR Manager BR 26 Skin Piercing & Tattooing Licensing Applications 1 April 2024 to 31 March 2025 Review licence conditions associated with Skin Piercing & Tattooing Licensing Applications BR Service None Assistant BR Manager BR 27 Process all applications for skin piercing and tattooing licences. 1 April 2024 to 31 March 2025 Ensure that all applications are processed within the legislative timescale. BR Service None Assistant BR Manager/ Quarterly Review BR 28 Skin Piercing & Tattooing Licenses 1 April 2024 to 31 March 2025 Develop Licences incorporating photograph of licence holder for Skin Piercers and Tattooists BR Service None Assistant BR Manager/ Quarterly Review BR 29 Investigation of reported accidents 1 April 2024 to 31 March 2025 Commence 88% of investigations required by HSE incident selection criteria within 3 working days. BR Service None Assistant BR Manager/ Quarterly Review BR 30 Maintain ISO 45001 : 2018 Standard Accreditation. 1 April 2024 to 31 March 2025 Implement any action plan provisions following an internal and/or external audit. BR Service EH & BI PS Manager/Assistant BR Manager. BR 31 Review Business Regulation Procedures and Work Instructions relevant to internally audited ISO 45001 standards. 1 April 2024 to 31 March 2025 Where resources allow, review BR Procedure and Work Instructions relevant to ISO 45001 standards. BR Service EH & BI Assistant BR Manager/ Quarterly Review. BR 32 Joint Public Health Protection Plan. 1 April 2024 to 31 March 2025 Participate in training events and work in partnership with NHS Lanarkshire Health Board and South Lanarkshire Council, as appropriate. BR Service NHS LHB PS Manager/ Assistant BR Manager. BR 33 Review of Fees & Charges 1 April 2024 to 31 March 2025 Review Business Regulation Fees and Charges BR Service None PS Manager/ Assistant BR Manager. BR 34 Planning and building control consultations 1 April 2024 to 31 March 2025 Ensure planning and building control Service Requests are actioned as appropriate within the 21- day consultation period. BR Service Built Env PS Manager/ Assistant BR Manager. Page 106 of 204
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food safety/occupational health & safety service plan 2024/2025 39 BR 35 Management Information Systems 1 April 2024 to 31 March 2025 Data management in line with Retention Schedule BR Service None PS Manager/ Assistant BR Manager. BR 36 Extant Notices 1 April 2024 to 31 March 2025 Review of Extant Notices BR Service None Assistant BR Manager. BR 37 Template Notices 1 April 2023 to 31 March 2024 Review of Template Notices used by Business Regulation BR Service None Assistant BR Manager. BR 38 Digital NL 1 April 2024 to 31 March 2025 Participate with Digital NL Sprint for Protective Services as required BR Service CE Dept PS Manager/Assistant BR Manager. BR 39 Scottish Authority Food Enforcement Rebuild (SAFER) 1 April 2024 to 31 March 2025 Participate in FSS SAFER and other working groups as appropriate BR Service None Assistant BR Manager BR 40 Internal Monitoring 1 April 2024 to 31 March 2025 Undertake Internal Monitoring in line with Internal Monitoring Policy & Procedure BR Service None Assistant BR Manager BR 41 Public Entertainment Licence Events 1 April 2024 to 31 March 2025 Monitor PEL events and undertake site visits as appropriate subject to adequate resources and in response to concerns BR Service None Assistant BR Manager Page 107 of 204
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food safety/occupational health & safety service plan 2024/2025 40 APPENDIX 2- STATEMENT OF COMMITMENT BETWEEN LOCAL AUTHORITY AND HSE REGULATORY SERVICES Appendix 2 - Statement of commitm APPENDIX 3- TABLES OF CALCULATIONS AND INFORMATION RELATING TO STAFF RESOURCES (Revised) Contents • Table 1 - Annual Breakdown of Food Law Recovery Plan Interventions Required to Be Carried Out • Table 2 - Food Law Interventions Recovery- Officer FTE Resource Calculation Per Intervention Category (Recovery Visits Only) • Table 3 - Estimate of Timescales and Numbers for First Next Programmed Intervention After Food Law Recovery Intervention • Table 4 - Calculation of Resources Required for First Next Programmed Intervention After Food Law Recovery Intervention • Table 5 - Combined Estimate FTE Resource Calculation Per Annum for Food Law Recovery and Pi Interventions • Table 6 - Summary of FTE Base Resource Needed to Meet FLRP+ First Recurring Pi Thereafter • Table 7 - Estimate of Minimum FTE Resource Requirement for Revisit Interventions • Table 8 - Additional Food Law Interventions Arising from Poor Compliance and From New Businesses • Table 9 - Estimated Resource Required for Formal Food Enforcement Notices • Table 10 - Service Requests Resource Summary-Based on A Typical Year Pre-Covid (2018-19) • Table 11 - Miscellaneous Foreseeable Additional Demands on Service Resource • Table 12 - Summary Estimate of Resources Required to Deliver Business Regulation Service Across the Food Law Recovery Period (Oct 2021-Sep 2026) APPENDIX 3 Revision 2024-2025.pdf Page 108 of 204
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food safety/occupational health & safety service plan 2024/2025 41 APPENDIX 4- UPDATED TABLES OF CALCULATIONS AND INFORMATION RELATING TO STAFF RESOURCES (2023/2024) Contents • Table 1 - Annual Breakdown of Food Law Recovery Plan Interventions Required to Be Carried Out • Table 2 - Food Law Interventions Recovery- Officer FTE Resource Calculation Per Intervention Category (Recovery Visits and New Premises Visits Only) • Table 3 - Estimate of Minimum FTE Resource Requirement for Revisit Interventions • Table 4 - Estimate of Resources Required to Deliver Business Regulation Service Across the Food Law Recovery Period (Oct 2021-Sep 2026) APPENDIX 4 Revision 2024-2025.pdf APPENDIX 5 – PREMISES OUTWITH FOOD LAW RATING - CALCULATION OF REQUIRED ANNUAL RESOURCE (JUNE 2024) - APPROVED PREMISES, HIGH-RISK GROUP 1 MANUFACTURERS AND PRIMARY PRODUCERS Appendix 5 Revision 2024-2025.pdf Page 109 of 204
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North Lanarkshire Council Report Environment & Climate Change Committee Does this report require to be approved? ☐ Yes ☒ No Ref MF/PB Date 21/08/24 Fly-tipping – steps taken to counter the increase in criminal activity From Lyall Rennie, Chief Officer (Community Operations) E-mail RennieLy@northlan.gov.uk Telephone 07855 193500 1. Background 1.1 Fly-tipping is the illegal disposal of household, industrial, commercial, and other ‘controlled’ waste. It results in environmental blight, damage to land and water courses, and can harm both farmed and wild animals. The motivations for fly-tipping vary and include a basic lack of awareness, laziness, and financial gain. 1.2 The cost of dealing with fly-tipping and litter is estimated to be in the region of £281 million per year. Litter and flytipping: scale and cost - gov.scot (www.gov.scot) This figure does not include the cost to private landowners in removing illegal waste deposits from their land. There are more than 60,000 incidents of fly-tipping reported in Executive Summary Fly-tipping is a growing concern for communities across the length and breadth of Scotland. A number of local authority services, other public sector partners and private landowners face significant financial and resource burdens associated with clean ups, enforcement, and prevention initiatives. This report provides a summary of recent steps taken by Protective Services’ Pollution Control & Public Health team to counter the increase in criminal activity. Recommendations It is recommended that the Environment and Climate Change Committee: (1) Note the actions which are being taken by appropriate Council officers, in conjunction with external partners, to utilise all available resources to counter and deliver effective punitive sanction against the criminal acts of fly-tipping. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (17) Ensure we keep our environment clean, safe, and attractive Programme of Work One Service Item 8 Page 111 of 204
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Scotland each year. The 2014 National Litter Strategy captured direct local authority costs for the removal of fly-tipped materials, and when these figures are increased to account for inflation and population growth, they currently stand at approximately £13 million. 1.3 In North Lanarkshire, over the last 5 financial years 2019-2020 to 2023-2024, the costs incurred by the Council for the clearance and disposal of fly-tipping from council land, adopted roads etc. amounted to £2.1668 million. That financial burden relates to the uplift and disposal of 19,449 tonnes of fly-tipped materials and does not include costs for removal of hazardous waste such as asbestos and tyres. This data also does not include the costs incurred by private landowners in respect of clearing and disposing of illegal dumping on their land. 1.4 In June 2023, the Scottish Government published the new National Litter and Fly- Tipping Strategy with an associated 2023-2024 Action Plan https://www.gov.scot/publications/national-litter-flytipping-strategy/documents/. Actions which have already been delivered include: • Raising the value of the Fixed Penalty Notice which can be issued for the crime of fly-tipping from £200 to £500 (changed in December 2023); and • Simplify existing fly-tipping reporting channels by the closure of the Dumb Dumpers website (closed in March 2023 https://www.sepa.org.uk/media/594698/dumb- dumpers-closure-faqs.pdf). 1.5 North Lanarkshire Council provides 6 household waste and recycling centres which are open every day of the year excepting Christmas Day and New Year’s Day. Additionally, the Council subsidises a bulk uplift service for residents to dispose of waste items that fall outwith the normal domestic waste stream e.g. white goods. 2. Report 2.1 Every local authority in Scotland faces significant issues with the problems associated with fly-tipping. Instances of fly-tipping can be broadly categorised into 3 types: • Small scale, domestic dumping; • Small and medium sized business (SME) dumping; and • Large scale industrial dumping by serious organised crime groups (SOCGs). 2.2 The motivations for fly-tipping include a basic lack of awareness, laziness, and the desire to make financial gain. We would contend that it would be reasonable to assume that everyone who engages in regular fly-tipping understands that what they are doing is wrong, that it is illegal and that they are committing crimes which cost the public purse, have a financial impact upon private landowners and negatively impact the environment. 2.3 Over recent years, the Council has seen a rise in the costs we have incurred for the clean-up and disposal of illegally fly-tipped materials. As an example, during Easter weekend 2021 the trailers shown in Appendix 1 were dumped, full of waste materials, in Netherton Industrial Estate. They were not roadworthy and could not be attached to a tractor unit and driven away; the Council required to engage a contractor to dismantle them at the location, after they had been emptied. The trailers contained a total of 77.4 tonnes of household and builders’ waste. The cost to the Council for removing these trailers and the waste within them was £17,377. No CCTV coverage of the trailers Page 112 of 204
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being moved along the local road network was obtained and no individual was identified as being responsible. 2.4 In order to improve the Council’s evidence capture, to enable action to be taken against any and all identified perpetrators of fly-tipping, we agreed to fund a proposal to buy and site remotely deployable CCTV that was capable of operating without connection to a mains power source and which could be installed in rural and urban locations known to be hotspots of fly-tipping activity. Within the staff of Protective Services, we understand that criminals involved in regular fly-tipping will not cease until those responsible are caught and punished. We have now deployed 40 remote CCTV cameras over a number of hotspot locations associated with extensive fly-tipping problems. 2.5 The remotely deployable CCTV cameras are able to be quickly installed and removed, providing us with excellent mobile capabilities. They are fitted with motion sensors, can operate using solar power, and are connected via a link to the Council’s 24/7 staffed CCTV hub. When fly-tipping activities cease at a location under evidence capture, they can be easily moved to the next priority site identified. 2.6 The remote CCTV cameras have been sited at locations identified by: • Analysing the reports of fly-tipping received by the Council; • Utilising intelligence gathered by our Environmental Protection Officers, who investigate fly-tipping offences for loads that fall to our jurisdiction i.e. up to the equivalent of a skip load; and • Listening to and acting upon feedback from communities and businesses in respect of where regular fly-tipping is occurring. Our EPOs patrol these identified locations in conjunction with our use of the Council’s CCTV network and the recently deployed remote CCTV equipment to ensure that fresh instances of fly-tipping are captured and dealt with appropriately. In most instances where evidence is uncovered to identify the perpetrator, this results in the issue of a Fixed Penalty Notice (FPN). 2.7 The remote CCTV camera deployment has resulted in an increase in the number of FPNs issued by the Council’s Environmental Protection Officers and the capture of high quality evidence of the commission of offences. The officers are authorised in terms of the Environmental Protection Act 1990 to issue £500 FPNs in instances where the necessary level of evidence has been secured. The below table shows the increase in FPNs issued over the last 4 financial years, and it is worthy of note that several other Scottish local authorities have visited us to examine our fly-tipping work, to understand how we are obtaining good evidence capture and interventions, as our peers consider that we are illustrating a best practice approach in this area. Financial Year Fly-Tipping FPNs Issued 2020-21 39 2021-22 32 2022-23 57 2023-24 109 Page 113 of 204
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2.8 Established in 1996, the Scottish Environment Protection Agency (SEPA) is the principal regulator for the prevention of waste crime in Scotland. Our CCTV evidence capture of serious fly-tipping incidents is being passed on via sanitised intelligence logs to SEPA for appropriate enforcement considerations. Intelligence is also being shared with Police Scotland where we have reasonable cause to suspect that instances of fly- tipping are being committed by serious organised crime groups. 2.9 We are now attending regular meetings at a local level with officers from adjoining council areas, Police, SEPA and other partners to ensure that local intelligence is disseminated, and the jurisdictional boundaries of local authority areas are not preventing the co-ordinated investigation of serious offences. An example of this is the Lanarkshire Partnership Against Rural Crime (LPARC). Police Scotland led meetings take place on a quarterly basis with attending partners including representatives of the Forestry Commission and the National Farmers Union (Scotland). A local fly-tipping forum meets every 6 weeks between Police Scotland, SEPA, and North and South Lanarkshire Councils where more detailed intelligence on fly-tipping and waste crime is discussed. These meetings are crucial to developing local partnership interventions to tackle fly-tipping crimes, led by SEPA and supported by Police and local authority officers. 2.10 Since the deployment of our remote CCTV equipment, we have had 3 criminal cases called in court: • In May 2023, Miroslaw Bortkiewicz was fined £750 and ordered to pay a £300 compensation order for a fly-tipping offence committed in October 2021 https://news.sky.com/story/fly-tipper-ordered-to-pay-up-after-dumping-waste-in- motherwell-12872769; • An individual received a £100 Fiscal fine for a fly-tipping offence captured at Windyedge Road, Cleland in July 2023, and was ordered to pay the Council £700 in costs for the uplift and disposal of the waste; • A case called in May this year for a fly-tipping offence captured in Forgewood, Motherwell, however proceeding s have now been abandoned by the Crown as the individual responsible has left the country and is not expected to return. 2.11 There are further ongoing criminal cases in respect of fly-tipping crimes which have been reported to Crown, and these include evidence capture in Bargeddie, Carnbroe, Newhouse Industrial Estate, Motherwell and Braidhurst Industrial Estate, Motherwell. 2.12 With the current backlogs and resulting delays being faced by the criminal courts process, there can be significant delays between the reporting of fly-tipping cases and matters being brought to a successful conclusion. Consequently, officers from Environmental Health are liaising with colleagues from SEPA on a fast-track procedure to process cases with strong evidence capture. SEPA officers are empowered to issue fixed monetary penalties of £1,000. SEPA’s Board can approve variable monetary penalties of up to £40,000 and can invoke both civil and criminal asset recoveries in respect of proceeds of crime legislation. We have agreed a protocol that, where we are able to provide the requisite level of offences within our jurisdictional area, SEPA will issue variable monetary penalties to the identified individuals responsible for these waste crimes. This new collaborative approach should provide a more timely and effective mechanism to punish the perpetrators of waste crime. 3. Measures of success Page 114 of 204
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3.1 A reduction in the levels of environmental blight suffered across the Council area as a consequence of fly-tipping offences. 3.2 A reduction in the costs borne by both the Council and private land owners for the uplift and proper disposal of illegally dumped waste. 4. Supporting documentation Appendix 1 Photograph of trailers dumped in Netherton Industrial Estate during Easter weekend 2021. Appendix 2 Photograph of abandoned waste laden trailer on the A80 at Moodiesburn. Appendix 3 Photograph of used tyres illegally dumped at an abandoned site in Newhouse Industrial Estate. Appendix 4 Photograph of illegally dumped waste in a lay-by, Aitkenhead Road, Bargeddie. Appendix 5 Photograph of illegally dumped waste on the Glasgow / Edinburgh Road at Newhouse. Appendix 6 Photograph of illegally dumped asbestos in Shotts. Lyall Rennie Chief Officer (Community Operations) Page 115 of 204
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☒ No ☐ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☒ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 116 of 204
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Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Improved evidence capture and enforcement action against the perpetrators of fly- tipping will reduce the environmental blight suffered within our jurisdictional area and our actions will continue to have a positive environmental impact. 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 117 of 204
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Appendix 1 trailers dumped in Netherton Industrial Estate during Easter weekend 2021. Cost of removal £17, 377. Page 118 of 204
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Appendix 2 abandoned waste laden trailer on the A80 at Moodiesburn. Cost of removal £8,813. Page 119 of 204
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Appendix 3 Used tyres illegally dumped at an abandoned site in Newhouse Industrial Estate. Page 120 of 204
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Appendix 4 illegally dumped waste in a lay-by, Aitkenhead Road, Bargeddie. Page 121 of 204
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Appendix 5 illegally dumped waste on the Glasgow / Edinburgh Road at Newhouse. Page 122 of 204
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Appendix 6 illegally dumped asbestos in Shotts. Page 123 of 204
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North Lanarkshire Council Report Environment and Climate Change Committee Does this report require to be approved? ☐ Yes ☒ No Ref LR/PB/MM Date 21/08/24 Trading Standards – Underage Sales, Illicit Tobacco and Vaping Products From Lyall Rennie, Chief Officer (Community Operations) E-mail RennieLy@northlan.gov.uk Telephone 07855 193500 Executive Summary North Lanarkshire Council has a duty under Section 26 of the Tobacco and Primary Medical Services (Scotland) Act 2010 to carry out an appropriate enforcement programme to investigate complaints of the offence of selling tobacco or Nicotine Vapour Products (NVPs) to persons under the age of 18 and to take measures to reduce the incidence of such offences. This report provides information on the level of enforcement activity and complaints relating to the Act. The report also advises of the service interventions to combat illicit tobacco and illicit NVPs, including the partnership work which we undertake with HM Revenue and Customs (HMRC). The Trading Standards service also has legal duties to undertake enforcement functions under Section 93 of the Trade Marks Act 1994 and various consumer product safety legislation. Recommendations Is it recommended that the Environment and Climate Change Committee: (1) Endorses the enforcement strategy relevant to tobacco and NVP products; and (2) Recognises the enforcement action undertaken during 2023/24. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition Statement (9) Invest in early interventions, positive transitions, and preventative approaches to improve outcomes for children and young people Programme of Work All Programmes of Work Item 9 Page 125 of 204
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1. Background 1.1 Trading Standards has a duty to enforce legislation relating to several age-restricted products. These include the supply of tobacco, nicotine vapour products (NVPs), fireworks, spray paints, computer games, solvents and butane gas. 1.2 Smoking remains the greatest threat to public health in Scotland and Trading Standards continues to play a vital role in the Scottish Government’s Tobacco Control Strategy. Specific Scottish Government funding has been allocated to the local authority in order for Trading Standards to enforce all of the legislative requirements for both tobacco and NVPs. This is incorporated into the Scottish local authority Enhanced Tobacco Sales Enforcement Protocol (ETSEP). 1.3 The Scottish Government also requires all local authority Trading Standards Services to: • Provide education and advice visits to 20% of the registered tobacco product and NVP retailers annually, and; • Conduct underage sales test purchase exercises to 10% of the registered tobacco product and NVP retailers annually, in line with the government’s health agenda and the protection of young people. 1.4 The 2017-2021 Scottish Health Survey identified that the highest prevalence of smoking in Scotland was in North Lanarkshire (21%). Smoking is the leading cause of preventable deaths with around a quarter of all deaths in Scotland associated with tobacco use. The Scottish Government tobacco strategy aims for Scotland to have a smoking rate of 5% or lower and to create a tobacco-free generation by 2034. 1.5 The Chartered Trading Standards Institute https://www.tradingstandards.uk/ acknowledges that whilst vaping poses far less risk than smoking tobacco (which remains the single biggest cause of preventable illness and death in the UK) and vapes can be an effective means of helping smokers to quit, there is a need for better regulation to ensure that vapes do not get into the hands of children and create nicotine dependence in a new generation. Public Health expert advice remains that smokers should switch to vaping products to help them quit smoking, but non-smokers should not take up vaping. Vaping products contain significantly less harmful chemicals than cigarettes but are not without some risks of their own. 1.6 The current regime of unrestricted displays and flavours has led to bright, colourful and attractive displays of products which are clearly aimed at the youth market and advertised as a lifestyle product rather than a smoking cessation aid. Couple this with the explosion onto the market of single use vapes which are cheap and easy to use, which undermines vapes as a valuable tool in smoking cessation. Vapes should not in our view be marketed as a lifestyle product, attracting a whole new generation of young people who have never smoked, and like tobacco, it is unlawful to supply them to persons below the age of 18 years. These products, whilst safer than traditional tobacco products, are not without risk; they can lead to nicotine dependence, and their long- term effects are as yet unknown. 1.7 The Scottish Government has already published proposals to ban the sale and supply of single-use vapes in Scotland using existing environmental powers. If agreed by the Scottish Parliament, this would come into effect on 1 April 2025. 1.8 The UK has developed one of the highest tobacco tax regimes in the world, to deter people from smoking. These high duty rates, make tobacco less affordable and have helped reduce smoking prevalence. Illicit tobacco, however, undermines these efforts. Page 126 of 204
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The trade in illegal tobacco creates a cheap source for tobacco for the public including children and young people, who might otherwise be deterred by cost. 2. Report 2.1 For the financial year 2024-2025, the following targets have been set by the Scottish Government for tobacco and NVP retailers: • Visit a minimum of 82 tobacco retailers to provide relevant legislative business education and advice (20% of the 406 registered tobacco retailers in North Lanarkshire); • Conduct covert test purchase visits at a minimum of 41 tobacco retailers (10% of the 406 registered tobacco retailers in North Lanarkshire); • Visit a minimum of 65 NVP retailers to provide relevant legislative business education and advice (20% of the 322 registered NVP retailers in North Lanarkshire); and • Conduct covert test purchase visits at a minimum of 33 NVP retailers (10% of the 322 registered NVP retailers in North Lanarkshire). These targets aim to enhance compliance and ensure responsible practices within the retail sector. 2.2 The Council's enforcement strategy towards tobacco and NVPs includes: 2.2.1 Guidance to Retailers: Retailers receive guidance visits on tobacco products and NVPs, emphasising legal requirements to prevent underage sales and the Council’s commitment to enforcement. 2.2.2 Investigating Complaints: Complaints related to sales to individuals under 18 years of age will be thoroughly investigated. 2.2.3 Fixed Penalty Notices (FPNs): FPNs will be issued for breaches of legislation, with non-payment reported to the Procurator Fiscal. 2.2.4 Banning Orders: Businesses violating tobacco or NVP laws three times within a rolling 2-year period may face banning orders. Trading Standards operations tackle underage sales and illegal tobacco trade | North Lanarkshire Council 2.2.5 Enforcement Programme: Covert test purchase exercises involving underage volunteers will be undertaken, aligning with the Scottish Government’s tobacco and vaping framework. https://www.gov.scot/publications/tobacco-vaping-framework-roadmap- 2034/pages/5/ Page 127 of 204
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Enforcement Activity Report (2023-2024) 2.3 During the financial year 2023-2024 a similar enforcement strategy was implemented, focusing on tobacco and NVP retailers. The following statistics and actions were recorded: 2.3.1 Tobacco Retailers: • Total education & guidance visits to retail outlets: 193 • Complaints received: 2 • Reports to Procurator Fiscal: 1 • Banning orders: Nil • Test purchase exercises: Attempts made: 57 Sales: 10 Fixed Penalty Notices (FPNs) issued: 19 • 17 x £200 FPNs issued for first sale • 2 x £400 FPNs issued for second sale within a 24-month period (all FPNs are discounted by £50 if paid within 14 days) Test purchase failure rate: 17.54% 2.3.2 NVP Retailers: • Total education visits to retail outlets: 218 • Complaints received: 77 • Reports to Procurator Fiscal: Nil • Banning orders granted: 1 Council supports disposable vape ban | North Lanarkshire Council • Test purchase exercises: Attempts made: 69 Sales: 14 FPNs issued: 25 • 18 x £200 FPNs issued for first sale • 5 x £400 FPN issued for second sale within a 24-month period • 2 x £600 FPN issued for third sale within a 24-month period (all FPNs are discounted by £50 if paid within 14 days) Test purchase failure rate: 20.28% 2.4 Enforcement activity to provide advice to business and carry out a programme of test purchase activity was significantly impacted by the covid pandemic. During the two years immediately following the outbreak, Trading Standards had a key role in enforcing and advising on the legislative restrictions on business which had to be prioritised. 2.5 The impact of the lack of our visibility within retail premises was significant, with a sharp rise in complaints and test purchase failure rates for both tobacco and NVPs. There is no doubt this has been exacerbated by the explosion in popularity and accessibility of single use vapes. 2.6 During 2023-2024, the service experienced a significant increase in complaints related to the sale of age-restricted products. Specifically, 77 complaints alleged the sale of NVPs to individuals under the age of 18. This contrasts significantly with the 8 NVP related complaints received during the 3-year period from 2019-2020 to 2022-2023. In response, the service focused education and advice visits to retail premises selling NVPs, exceeding the Scottish Government target to visit 58 premises by visiting 218 NVP retailers. Page 128 of 204
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2.7 The majority of the 44 FPNs issued in 2023-2024 were for first sales. A FPN for a first sale is £200 (discounted by £50 to £150 if paid within 14 days). 2 retailers sold tobacco products and 5 retailers sold NVPs on a 2nd occasion, resulting in a £400 FPN (discounted to £350 for payment within 14 days). 1 business and their employee sold an NVP to an underage volunteer on a 3rd occasion, resulting in a £600 FPN for both the employee and business entity. 2.8 The Motherwell retailer who sold NVPs to underage children on 3 occasions between May 2022 and September 2023 was issued with a banning order. The business and its employees were banned from carrying on a tobacco or NVP business for 2 years (the maximum period available) from 16 January 2024. The business was also ordered to pay the Council £315 in costs. The ban and costs were in addition to the FPNs issued and paid by the business, totalling over £1,000. 2.9 At the time of compiling this report, an application is being processed for a banning order against a premise that sold NVPs to persons under the legal age on 3 occasions between October 2023 and May 2024. The business, subject to 16 incidents of complaints and intelligence, has been issued with and paid 3 FPNs totalling £1,050. Illicit goods 2.10 Illicit tobacco products are sold at less than half the price of legal products, around £6 for a packet of cigarettes or £8 for a 50g pouch of hand rolling tobacco, making them more affordable and appealing. 2.11 Illicit NVPs feature tanks with capacities exceeding the 2ml legal limit. The vape tank is the part of the product which holds the liquid to be vaped and contains a heat coil which vaporizes the liquid for subsequent inhalation. Operation CeCe 2.12 Operation CeCe is a joint initiative between Trading Standards services across the UK and HMRC. The partnership’s goal is to reduce the availability of illicit tobacco and disrupt criminal activity related to tobacco distribution. Operations include intelligence gathering from a number of sources, and subsequent seizure operations, often using a specially trained sniffer dog to detect illicit tobacco which can be hidden behind walls or radiators, hidden within toilets or mixed within legitimate stock. Retailers often attempt to evade detection, for example by spraying tobacco with vinegar or using spices to put the dog off the scent. New Sanctions 2.13 As of July 2023, new powers have come into force, allowing penalties of up to £10,000 for businesses and individuals caught selling illicit tobacco products. Trading Standards can refer cases to HMRC for further investigation. HMRC administers the penalties to ensure appropriate sanctions are applied for and enforced. These measures strengthen the response against retail level supply of illicit tobacco and act as a deterrent for illegal sales. 2.14 Enforcement Activity (since June 2023) 2.14.1 Seizures: • Illicit cigarettes: 98,680 sticks • Hand rolling tobacco (HRT): 13 kg Page 129 of 204
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• Illicit NVPs: 2,772 illicit NVPs • Seizures from 9 premises 2.14.2 Undertakings: • The controlling minds of 2 businesses have formally agreed to refrain from supplying illicit tobacco in the future. 2.14.3 Reports to the Procurator Fiscal: • 3 criminal case reports have been submitted to the Procurator Fiscal: • 2 cases are scheduled for hearing in July 2024; 1 case has resulted in a guilty plea; 1 defendant received a 60-hour community payback order and a compensation order of £475. 2.14.4 Sanctions Referrals to HMRC • Financial penalties are based upon the quantity of tobacco sticks and/or HRT found: Category A: £2,500 (where less than 100 packs are held) Category B: £5,000 (where 100 to 299 packs are held) Category C: £7,500 (where 300 to 499 packs are held) Category D: £10,000 (where 500 or more packs are held) • Applications made: 1 application has been made to HMRC in each of the above categories, relating to 4 premises where seizures have been made. A further 2 seizures made on 17 July 2024 are the subject of pending applications to HMRC in respect of Category C quantities. Illicit NVPs: 2.15 The nicotine content of some ‘supersized’ vapes which we have seized contained the equivalent of 400 cigarettes worth of nicotine, with tank sizes 5 to 10 times the legal limit. Notably, some of the vapes seized were packaged in a manner that could appeal to children, with flavours such as “Gummy Bear,” “Rainbow Candy,” and “Bubble-gum Ice.” 2.16 Vapes labelled as being ‘nicotine free’ were submitted to the Public Analyst for testing and were found to contain nicotine. The service will raise public awareness of this worrying development through the Council’s corporate communications team. 3. Measures of success 3.1 By preventing youth from accessing tobacco and NVPs, we contribute to the healthy development of young people aged 12–18. 3.2 We will continue to record tobacco and NVP statistics, submitting our data returns to the Scottish Government on an annual basis. 3.3 As a result of Trading Standards' enforcement activities there is a clearer understanding and awareness amongst retailers in North Lanarkshire of the provisions prohibiting the sale of tobacco products and NVPs to persons under the age of 18 years. 3.4 The programme of test purchasing in the last financial year resulted in one banning order and 44 FPNs being issued in respect of 24 sales of tobacco and NVPs to Trading Standards' underage volunteers. Those sales were from 126 test purchase attempts, Page 130 of 204
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which gives an 81% compliance rate. The service will continue to publicise our interventions to act as a deterrent and drive up compliance in the retail sector. 3.5 North Lanarkshire Trading Standards service continues to be one of the leading exponents of business advice and enforcement in the area of age restricted products in Scotland. 4. Supporting documentation Appendix 1 Table of underage sales test purchasing statistics for the last 5 financial years. Appendix 2 Examples of illicit NVPs seized by officers in North Lanarkshire. Lyall Rennie Chief Officer (Community Operations) Page 131 of 204
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 132 of 204
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Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 133 of 204
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Appendix 1 Table of underage sales test purchasing (TP) statistics for the last 5 financial years NVPs Year Complaints Business advice TP Total TP Fail % TP failure 2019 - 2020 0 134 38 5 13.16% 2020 - 2021 0 2 0 0 - 2021 - 2022 8 127 23 6 26% 2022 - 2023 26 109 42 12 28.60% 2023 - 2024 77 218 69 14 20.28% Tobacco Year Complaints Business advice TP Total TP Fail % TP failure 2019 - 2020 1 129 69 5 7.24% 2020 - 2021 3 1 0 0 - 2021 - 2022 5 107 25 6 24% 2022 - 2023 3 102 55 10 18.18% 2023 - 2024 2 193 57 10 17.54% Page 134 of 204
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Appendix 2 Examples of illicit NVPs seized by officers in North Lanarkshire Page 135 of 204
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North Lanarkshire Council Report Environment and Climate Change Committee Does this report require to be approved? ☒ Yes ☐ No Ref LR/JA Date 21/08/24 Introduction of Living Christmas Trees From Lyall Rennie E-mail Renniel@northlan.gov.uk Telephone 07855 193500 Executive Summary The purpose of the report is to advise on the investigations undertaken regarding the installation of living Christmas Trees within all communities following the motion submitted and agreed at the council meeting of the 28 March 2024. Recommendations It is recommended that the Environment and Climate Change Committee agree: (1) Living Christmas trees are only introduced within towns and village where there is an established community group for December 2025. (2) Funding be provided through the Local Development Programme on a one-off basis in financial year 2025/26. (3) Future Living Christmas trees can be introduced where they are self-funded and only within those communities identified in Appendix A. (4) The location of living Christmas trees will be at already established locations, where practicable. (5) A standard tree specification is applied with the preferred option being the Blue Spruce (Edith Version) subject to accessibility, or other suitable alternative. (6) Alternative species that provide greater biodiversity benefits be provided where agreed with the community group. (7) All tasks relating to Christmas trees would be subject to full cost recovery from the relevant community group. The Plan for North Lanarkshire Priority Enhance participation, capacity, and empowerment across our communities Ambition statement (20) Improve the involvement of communities in the decisions, and development of services and supports, that affect them Programme of Work Statutory / corporate / service requirement Item 10 Page 137 of 204
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1. Background 1.1 The council historically provided Christmas Trees (including associated lighting) within town centres and villages which are listed in Appendix 1. The size of the tree varied depending on the local limitations and safety requirements for the area. Christmas Trees were erected by the councils Streetscene Service, and lighting was provided through the existing Roads, Street Lighting and Winter Service contract with Amey Public Services. 1.2 At the council meeting of the 24 February 2020, it was agreed as part of the budget process that festive lighting, which included trees and associated lighting would be ceased, resulting in a saving of £250,000. 1.3 At the council meeting of the 02 March 2021, a £300,000 one off investment was agreed to ensure that Christmas Trees and associated lighting was provided within towns in 2021/22 and 2022/23. 1.4 Between 2020 and 2023 communities have self-funded Christmas Trees and associated lighting within their local community. However, in this time only a limited number of trees have been erected as shown in Appendix 2. During this time trees have been requested for 11 locations, generally with the same reoccurring locations each year although the number of locations has dropped from 10 in 2020 to 6 in 2023. 1.5 From 2020 to 2023 the cost of providing trees (not including installation) has increased significantly with 6.1m, 7.6m and 9.1m trees increasing in cost by 43%, 49% and 73% respectively. The delivery costs of trees have also increased by 62% during this period. The cost of work through the existing Roads Street Lighting and Winter Service contract with APS LLP, including installing lighting, undertaking repairs etc. has also increased by 24% during this period. 2. Report Council Motion 2.1 At the council meeting on the 28 March 2024 a motion was put forward and agreed: 2.1.1 To investigate the potential to plant ‘Living Christmas Trees’ as a cost effective and environmentally friendly option across North Lanarkshire Towns and Villages. Following the recent appointment of a Project Development Officer /(Trees) and receipt of £1m of one-off funds, this would form part of the operational plan to guide replanting and further guided by the Climate Forest work on urban tree canopy across all Council Wards. 2.1.2 That it be noted that the living Christmas Trees would be a substantial size, 2.5m to 3m tall, with the cost of a containerised/ root balled tree in the region of £1,100. 2.1.3 Furthermore, environmentally friendly lighting options such as solar lighting will be explored to keep ongoing maintenance and costs down; All of which would be subject to consultation with Community Boards, in conjunction with the Community Partnership Officers and Land Management Teams, to identify Page 138 of 204
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appropriate streets or parks for placement of these Christmas Trees to be enjoyed by future generations. Planting and future maintenance 2.2 It is essential that trees are planted at the correct time of the year which would normally be Autum or Early Spring. Planting nearer to the summer months is likely to introduce a need for enhanced tree watering until the trees are established. By way of an example watering of 48 avenue trees recently incurred costs of around £650 and given the travel time between the living trees it is likely that these costs would increase. 2.3 Although living trees will reduce reoccurring costs for the community it is worth noting that whilst a tree may be 4.5m when planted, the trees can grow quickly given the right conditions. The table below shows the typical common species of trees that are used for outdoor Christmas Trees, their maximum average height and approximate growth rate per year. Species Average Max Height in UK Approx growth rate per year Norway Spruce 40 - 50m Can grow up to 1m per year early in life Blue Spruce 15m Up to 60cm per year. The variety ‘Edith’ is a dwarf Blue Colorado Spruce that grows to about 3 meters in height and 2.5 meters in spread over 20 years. Nordmann Fir 20m Slow growing up to 30cm per year 2.4 Given the growth rate and significant height that can be reached by a Norway Spruce it would not be considered appropriate to plant this type of tree. The Blue Spruce and Nordmann Fir are slower growing and can be sourced easily. However, the Edith variety would be the preferred choice due to the smaller size, which enables it to be lit and decorated more easily and reduces the health and safety risks associated with these tasks. That said it may be difficult to source a standard sized tree. 2.5 There will be a requirement to water each tree during the summer months for the first two years of planting. This is likely to result in a cost of £150 per tree each year. The trees would be inspected and remediated in future years as part of the ongoing Tree Asset Management strategy. 2.6 Following the establishment of the trees any trees that are damaged or diseased may require to be removed and there is no guarantee that any replanting will be done on a like for like basis, or that the same location would be used. 2.7 It should be noted that although the motion considers this type of individual planting to be in keeping with the Council’s commitments under the Clyde Climate Forest, planting individual trees of these species would not conform to the expectations of the project and does not conform to the principal of ‘right tree, right place’. In these more urban locations, species selection would ideally include hardy species that have shown resistance to pollution (silver birch or sycamore for example). Page 139 of 204
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Alternative Species 2.8 Consideration could also be given to planting alternative species such as Holly, Scot’s Pine, or Hornbeam Fastigia as they provide greater benefits in terms of biodiversity. However, they do not have the appearance of a typical Christmas tree. Health and Safety 2.9 When the council install trees and tree lighting, we use contractors who have experience in undertaking this task and they use the correct access measures to ensure any lights at height can be installed safely. Whilst some communities have access to this type of equipment and have relationships with contractors/ suppliers this does not apply to every community. It is therefore important that where living trees are established safe installation methods are agreed with each community group. Estimated costs for Living Trees 2.10 For a ready to plant Tree measuring 4.5m the cost would be in the region of £800 which includes the purchase and installation. Adding the watering costs identified in paragraph 2.5 would mean the cost of planting and establishing a living tree would be in the region of £1,100. 2.11 Assuming a suitable location can be established for all locations identified in Appendix 1, the cost of Installing trees within the 35 communities would be in the region of £38,500. This base cost could increase for locations where a tree has never been provided depending on any other preparatory work. The cost does not include provision for traffic management as this would be site specific and trees would ideally be located away from the road network. 2.12 An Enquiry has been made through the council’s existing roads contractor regarding the availability of commercial standard LED lighting for outside use. The feedback is that lighting levels in Scotland during the winter months is insufficient to illuminate lights through the winter period and as such any LED solution would require a battery backup. It would also appear that there is no off the shelf product available at present. Therefore, each community group could procure their own LED lighting or mains connected lighting could be provided through the council’s roads contractor, for either option, the costs would be met by the community group. It should be noted that lighting is normally wrapped around the tree limbs, and where lights are left in-situ, as the tree grows there is a risk that the lighting is damaged and any costs for replacement or additional lighting would require to be met by the Community. 2.13 Although most locations have a current power supply, there are some where this is not the case and in those instances the community group would require to meet the costs of installing the necessary infrastructure, including connection to the Scottish Power network. 2.14 Although solar lighting would help to reduce the cost burden on communities, this saving is mainly due to removing the requirement for electrical testing, repairs to circuits and installation of fuses and not energy consumption. 2.15 When trees have been installed in previous years, low energy LED lighting is used, each tree will generally have 6 strings of LED’s that have a wattage of 9.4w per string, 56.4w per tree. Based on 35 days of operation and the 2023/24 energy costs this equates to under £6 per tree. Page 140 of 204
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2.16 It is assumed that any tree lighting is installed and dressed by the community, where this is not the case the work could be sourced through the council’s Roads and Infrastructure Improvement Contract. Community groups would require funding for this work that would be carried out at contract rates. Proposals 2.17 Given that trees have been installed at specific locations for several years, it would be proposed that any living tree be placed at these established locations and limited to those communities identified in Appendix 1. 2.18 As town centres do not generally have active community groups, this is likely to be a barrier to establishing living trees within these areas. Town centre locations are also not considered to be the most appropriate locations for single trees, as these may be more susceptible to damage caused by weather as they do not have the same protection as a small woodland would provide. It is therefore not proposed to install trees within town centre locations. 2.19 It is proposed that a single specification be used for all trees with the preferred option being the Blue Spruce (Edith Version) subject to accessibility, or other suitable alternative. Alternative species would be considered where they provided greater benefits in terms of biodiversity. Community Ownership 2.20 Whilst the council motion relates to the establishment of living trees within all towns and villages it is essential that community ownership is established for each location. It is important to highlight that not every community has an active group that have the capability/ capacity to take ownership of an established tree. 2.21 The community would be responsible for meeting all costs associated with the tree following establishment. This will include items such as storage, erection and removal of lighting, dressing trees. The community would also be responsible for meeting costs incurred by the council for attending issues with the tree such as vandalism/ damage. Funding 2.22 The installation of living trees will cost in the region of £38,500. This will be funded through the Local Development Programme (LDP). This is subject to there being an active community group who would take responsibility for the tree and associated costs as outline in paragraph 2.20 and 2.21. 2.23 It should be noted that the funding identified above is based on a one off for financial year 2025/26 and there would be no financial support from the council beyond this period. Any living trees installed after 2025/26 would require to be fully funded by the community. 3. Measures of success 3.1 Where the offer of a one-off tree is taken up, communities would continue to have a festive display, albeit a living tree with solar lighting that they are responsible for maintaining. Page 141 of 204
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3.2 Trees would be inspected through the Council’s Tree Asset Management Strategy and remediated / removed where required, therefore continuing to reduce any risks associated with the Council’s tree stock. 4. Supporting documentation Appendix 1 List of historic Christmas tree locations, size of trees Appendix 2 List of locations where trees have been self-funded from 2020 to 2023. Lyall Rennie Chief Officer Community Operations Page 142 of 204
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☐ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☐ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☐ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☐ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? Page 143 of 204
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Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☐ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 144 of 204
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Appendix 1 Location Tree Size Installed Located in Open Space Comments Town Centres Airdrie 7.6m no Street tree could be relocated Bellshill 7.6m no Street tree could be relocated Coatbridge 9.1m no Street tree could be relocated Cumbernauld (No tree in town centre placed in Cumbernauld Village) 7.6m yes On banking at memorial Kilsyth 7.6m yes Located in grass area Motherwell civic centre 12.2m yes Could be planted on site/ remove socket. Motherwell town centre 9.1m no Street tree could be relocated Shotts 7.6m yes Wishaw 7.6m yes Street tree could be relocated Villages Allanton 9.1m yes Placed on church grounds Bonkle 9.1m yes Located in grass area Cambusnethan 7.6m yes Located in a shrub bed Carfin 6.1m yes Located in grass area Chapelhall 7.6m yes Located in a shrub bed Cleland 6.1m yes Located in grass area Coltness 6.1m yes Located in grass area Condorrat 6.1m yes Located in grass area Craigneuk 7.6m yes Located in grass area Cumbernauld Village 7.6m yes Located in grass area Glenboig 6.1m yes Located in a shrub bed Glenmavis Living Tree N/A At church and between Raebog Rd and Crathie Dr Greengairs No tree N/A Tree never provided Harthill & Eastfield 6.1m yes Located in a shrub bed Holytown No tree N/A Tree never provided Moodiesburn 7.6m yes Located in grass area Morningside No tree N/A Tree never provided Mossend 9.1m yes Located in grass area Muirhead 7.6m yes Located in a shrub bed Netherton 7.6m yes Located in grass area New Stevenson No tree N/A Tree never provided Newarthill 6.1m yes Located in grass area Newmains 9.1m On a roundabout in a socket could be moved to shrub bed , depth < Overtown Living Tree N/A They have a living Christmas tree at the church Plains 7.6m yes Located in grass area Page 145 of 204
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Salsburgh 7.6m yes Located In Jubilee Gardens Stepps No tree N/A Tree never provided Viewpark 7.6m yes Located in a shrub bed Waterloo 6.1m yes Located in grass area Bargeddie 7.6m yes Located in grass area Pather 6.1m yes Located in grass area Abronhill 4.6m no Inside shopping centre no suitable location Caldercruix (Insitu) Living Tree N/A Croy (Insitu) Living Tree N/A Upperton No Tree N/A Tree never provided Page 146 of 204
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Appendix 2 Self-funded tree provision from 2020 to 2023. 2020 2021 2022 2023 Bellshill Cross Cleland Caldercruix Cleland Cleland Coltness Cleland Craigneuk Coltness Harthill Coltness Moodiesburn Craigneuk Moodiesburn Craigneuk Muirhead Harthill Muirhead Moodiesburn Newarthill Muirhead Newmains Muirhead Newmains Netherton Newmains Newarthill Newmains Shotts Page 147 of 204
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North Lanarkshire Council Report Environment and Climate Change Committee Does this report require to be approved? ☒ Yes ☐ No Ref LR Date 21/08/24 Land and Waste Service Review From Lyall Rennie, Chief Officer (Community Operations) E-mail renniely@northlan.gov.uk Telephone 07855 193500 1. Background 1.1 On 1st December 2022, the Policy and Strategy Committee approved a governance update to the Council’s One Place One Plan approach which resulted in the majority of the services previously retained within the Environmental Services team (Street Executive Summary The Policy and Strategy Committee approved a governance update to the Council’s One Place One Plan approach on 1st December 2022, resulting in the creation of the Community Operations service. A further review was carried out and changes which included Land and Waste sitting under one Business Manager was reported to the Environment and Climate Change Committee on 1 November 2023. The purpose of this report is to provide Members with an update on the service review now being undertaken across the Land and Waste services. Recommendations It is recommended that the Environment and Climate Change Committee: (1) Supports the progress made on the Land and Waste Service Review and the outcome from the employee consultation. (2) Agrees that a further report is submitted to Committee on 30 October 2024, providing further detail on the preferred operational change and outlining the associated efficiency saving. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (17) Ensure we keep our environment clean, safe, and attractive Programme of Work Sustainable Futures Item 11 Page 149 of 204
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Cleaning, Grounds Maintenance, Cemetery Services, Roads Maintenance Operations, Greenspace and Country Parks for the Future) being merged with those within Regulatory Services and Waste Solutions, resulting in the creation of the Community Operations service. There then followed a review of the overall deployment of these service areas and their line management allocation, and an update was reported to Environment and Climate Change Committee on 1st November 2023 which included Land Services and Waste Services sitting under a single business manager. 1.2 Following changes to the reporting structure, a review is underway into the working areas across Land and Waste services, the outcome of which will be to deliver operational efficiencies and improved outcomes. 2. Report 2.1 The initial stages of the review have identified inefficiencies in service delivery, including staffing levels and vehicles. 2.2 These inefficiencies can be attributed, in part, to current shift patterns. A preliminary review has indicated that a change will deliver significant improvements, ensuring more efficient use of resources, fully optimised routes and reduction in costs related to the current working arrangements. 2.3 The initial stages of the review will focus on waste collection routes with phase two of the review focussing on the overall structure across Land and Waste services. This report focuses exclusively on the waste collection routes. 2.4 A full options appraisal was carried out in respect of waste service delivery models with the most feasible options being taken forward for consultation with trade union representatives and employees. 2.5 The service engaged with trade union representatives early in the process. Initially weekly meetings were implemented, and the frequency reduced as negotiations progressed. Further, trade union representatives and human resource managers were invited to attend the consultation events for employees to allow any employee to seek advice in relation to their personal circumstances. 2.6 Consultation with employees was carried out on a one-to-one basis. In advance of meetings all employees were provided with notification of meetings, option forms and a question-and-answer sheet. 2.7 Meetings took place throughout June and out of 231 employees only 13 employees were unable to attend in person due to sickness absence. These individuals were contacted by telephone and the proposals explained. The paperwork was posted out with a return envelope for their completed option form. 2.8 Of the 231 employees affected, 90% of employees returned completed option forms. From this feedback, 78% have indicated a preference to move to a 4-day week. Table 1 below provides a breakdown of the outcome of the employee consultation exercise. Table 1 – Employee Consultation Outcome Proposed Shift Pattern No. of responses % Tuesday to Friday 117 51 Monday to Thursday 47 20 Page 150 of 204
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Monday to Friday 14 6 Monday to Friday or Tuesday to Friday 1 0 Monday to Thursday or Tuesday to Friday 1 0 Monday to Friday or Monday to Thursday 1 0 All 3 options 5 2 No change 23 10 Nil return 22 10 TOTAL 231 100 2.9 From the table above, it is clear that there is a definite preference for a move to a four- day working week. This option (irrespective of the 4-day pattern) aligns with the preferred option by the management team of the service. Initial projections on this option have demonstrated that this could deliver a more efficient service and release an annual revenue saving of circa £1million. 2.10 It should be noted that the potential impact on residents, will be minimal. There will be no change to current waste streams or collection frequencies and the only change will be the day of collection for a proportion of properties. The service will endeavour to keep this to a minimum; however it is likely a high number of properties will be affected. 2.11 It is fully recognised that should it be agreed to change the collection schedule, then a full communications strategy will require be developed to ensure all key stakeholders are fully informed and engaged. 2.12 The service will now prepare a more detailed report for Committee fully outlining its final proposal and including details of the level of efficiency saving together with details on the revised collection routes etc. This update report will be submitted to Committee on 30 October 2024. 3. Measures of success 3.1 Improvement in the efficiency of waste collection routes. 4. Supporting documentation No supporting documents. Lyall Rennie Chief Officer (Community Operations) Page 151 of 204
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? Although there are no impacts with this report, it is fully expected that a revenue saving in the region of £1 million could be achieved if the service was to move to a four day working week. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? Not at present but colleagues within HR will continue to be fully engaged with this process when drafting the final proposal for a move to a different shift pattern. 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Page 152 of 204
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Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 153 of 204
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North Lanarkshire Council Report Environment and Climate Change Committee Does this report require to be approved? ☒ Yes ☐ No Ref LR/JA Date 21/08/24 Amey Public Services LLP: Operational Performance Monitoring Report for 01 November 2023 to 31 March 2024, Financial performance at 31 December 2023 From Lyall Rennie, Chief Officer (Community Operations) E-mail renniely@northlan.gov.uk Telephone 07855 193500 1. Background 1.1 The council created the roads, street lighting and winter maintenance services LLP in 2010, following a tender exercise for a strategic partner to deliver such services over a ten-year period. The successful bidders were Amey Local Government Limited and the contract commenced on 14 December 2010. Amey LG Ltd (now Amey Public Services LLP) owns a 67% shareholding in the strategic partnership with the council owning the remaining 33%. Executive Summary This report outlines Amey Public Services (APS) Limited Liability Partnership (LLP) performance against its’ business objectives and council priorities for the period October November 2023 to March 2024 and its’ financial performance to December 2023. Recommendations It is recommended that the Environment and Climate Change Committee: (1) Acknowledge APS LLP’s operational performance up to 31 March 2024, along with service delivery highlights over the past 6 months. (2) Acknowledge APS LLP’s financial performance at 31 December 2023. The Plan for North Lanarkshire Priority Improve North Lanarkshire's resource base Ambition statement (17) Ensure we keep our environment clean, safe, and attractive Programme of Work Statutory / corporate / service requirement Item 12 Page 155 of 204
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1.2 A Management Committee consisting of representatives from both APS and North Lanarkshire Council is responsible for the LLP’s governance, which includes operational delivery and management, staffing, financial control and reporting, health and safety, performance monitoring and risk management. The Management Committee meets quarterly, with council representation consisting of one senior officer and one Elected Member, and APS LLP membership comprising up to four representatives. 1.3 As per the Works Agreement, service reviews required to be carried out jointly at year 4 and 8 of the strategic partnership. The former Planning and Transportation Committee considered the findings of the Year 4 review and approved the requirement for the council to continue working with APS LLP to identify opportunities for the business to establish a stable financial position. 1.4 The Year 8 review commenced in July 2018 with the outcome initially reported to the former Infrastructure Committee in November 2018, but then carried forward to former Policy and Resources Committee in December 2018. The review recommended that the then Head of Environmental Assets conduct a market testing exercise to identify whether amending some of the existing contract rates and prices for a term beyond June 2021 will be more beneficial to the council than ceasing the contract at its natural termination date. 1.5 The results of the market testing demonstrated that amending APS LLP rates provided value for money and recommended that the contract be extended for a period up to June 2024. The extension to the contract was reported to and approved by the former Environment and Transportation Committee in August 2019. 2. Report 2.1 This report confirms where Amey Public Services LLP are fulfilling its contractual obligations and meeting the council’s service delivery expectations, as well as providing information from Financial Solutions on financial performance and overall financial standing within the company. This information will help give early warning of any financial risks which may give rise to operational or reputational risks for the council. Performance Indicators 2.2 Operational and financial performance is reported to this Committee after it has been considered by the Amey Management Committee. This provides Management Committee representatives with the opportunity to address any issues which require attention and thereafter, allows this Committee to receive the updated position, including any remedial actions where these may be required. 2.3 The outcomes from the 2023-24 and the forecast for 2024-25 performance indicators are detailed within appendix 1. Overview of Governance Arrangements 2.4 APS LLP satisfies the council’s required oversight arrangements, and routinely submits the monitoring information expected by council officers in line with the timeframes specified within the LLP Agreement. Comments, Compliments and Complaints Page 156 of 204
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2.5 During this reporting period APS received 1 compliment this was a letter of thanks from Glenboig Community Garden for social value support given in July 2023. 2.6 During this period APS received 2 complaints relating noise nuisance at Glen Fyne Road and the failure of traffic signals at Wardpark in Cumbernauld. Service Delivery Highlights 2.7 The following service delivery highlights were achieved during this period:- • Completed the 2023/24 carriageway resurfacing programme. • Completed the LED replacement programme which was focused on 90% of the existing street lighting assets. • Since the start of April 2023 carried out cyclic gully cleaning, attending 14,660 gullies and cleansed 13,445 with additional visits required for those not cleaned due to parked vehicles, jammed lids etc. • Completed the construction of Newhouse to Salsburgh active travel route. • Completed junction improvements at A73 Carlisle Road/ Brownsburn Road, Airdrie. • Completed footway widening and traffic signal refurbishment at A721 New Edinburgh Road, Uddingston. • Completed first phases of junction improvements and footway widening at Paddock Street/ Sikeside Street, Coatbridge and commenced phase 3 of works. • Completed bus infrastructure improvements with Airdrie at 36 bus stops. • Commenced footway widening, traffic calming and carriageway and footway resurfacing at Meadowhead Road, Wishaw. • Commenced junction improvements at Cumbernauld Road/ Lenzie Road/ Cardowan Road. 2.8 APS staff have also undertaken several activities in support of the local and wider community: • In October 2023, the Blairlinn depot organised an event to raise funds for breast cancer. This event was a success and raised almost £2,000. • In November 2023 staff at the Bargeddie depot supported Bargeddie Primary School’s collection for Coatbridge footbank. APS donated four boxes of foodstuffs for the collection with a value of approximately £250. • In December 2023 staff supported the Save the Children Christmas Jumper day raising approximately £500 on the day. Business Development 2.9 A key aim of the contract is to encourage business development. During this period APS were successful in the following: • Supporting Renfrewshire council with a review of its street lighting maintenance services and identify areas for improvement. Financial Impact Public Accountability Obligations – Financial year 2023/24 2.10 To satisfy the Council’s duty to ensure the organisation delivering roads, street lighting and winter services on its behalf is financially sound, the Council’s Section 95 Officer Page 157 of 204
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maintains appropriate and proportionate processes and procedures for scrutinising APS LLP’s financial performance. 2.11 The Council’s Legal Agreements with APS LLP specify the financial information which must submit to the Council including an annual business plan, monthly management accounts, audited financial statements etc., to enable Finance to assess and report any financial risk likely to arise as a result of the Council using APS LLP to deliver these services. 2.12 The Council expends both revenue and capital resources annually with APS LLP to deliver services which assist the Council in achieving its priority outcomes. For the Councils financial year 2023-24, sums of £12.504m and £9.055m were budgeted in respect of revenue and capital respectively for roads and lighting maintenance. APS operates a financial year ending 31 December 2023 and revises its forecast twice throughout the year. Based on APS Reforecast Budget 2, works from the Council represent around 91.37% of annual anticipated net turnover. Financial Performance as at 31st December 2023 2.13 Based on their financial statements to 31st December 2023, members will wish to note the LLP is reporting a provisional annual accounting deficit of £0.469m, which is an adverse variance of £0.587m to the budgeted forecast profit of £0.118m. This is primarily due to increased volume of capital works and winter maintenance resulting in higher than anticipated employee, materials and plant and vehicle costs. Appendix 2 provides further details regarding the LLP’s financial position as well as commentary to explain the key variances reported. 2.14 Although the contract provides scope for the Council to receive dividends from this partnership agreement, the cumulative negative trading position evidenced in the balance sheet means the LLP has not yet had an opportunity to declare any dividends. 2.15 In return for satisfactory service delivery and effective financial performance through the LLP, Amey Local Government Limited is entitled to receive a management fee which comprises both fixed and variable elements and is partially linked to level of works delivered through the contract. However, the payment of the management fee is dependent upon generation of cumulative profits and given the LLP currently has cumulative net liabilities, the management committee has agreed that no management fee is payable for 2023. Overall Financial Standing – Balance Sheet as at 31st December 2023 2.16 Appendix 3 provides key balances to give members an update on the overall financial standing of the company, as at 31st December 2023, along with the previous year’s comparator figures. Key balances and indicators worthy of specific note include: 2.16.1 The company has cumulative net liabilities of £6.095m predominately due to the reliance on the approved parent loan and timing of payroll transactions between the group. This is an adverse movement on the previous year position of £0.470m. 2.16.2 The LLP has a long-term liabilities balance of £7.718m, which predominantly reflects the parent loan of £6.575m and timing of payroll transactions between the group of £0.871m which are provided by the parent company Amey LG to enable the LLP to continue delivering services. In recognising the LLP is largely dependent upon the support received from the parent company, officers from Page 158 of 204
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Finance regularly obtain assurances from the LLP and Amey LG regarding their continued loan support. 2.16.3 A comparison of the LLP’s current assets to its current liabilities equates to a net current asset of £1.622m. Members should be assured that the company has sufficient resources to meet its current obligations, however it should be noted that the company continues to rely heavily on the approved parent loan as detailed in above. Approved Budget 2024 2.17 Members should note that the 2024 budget is part year and has been prepared based on the current partnership agreement ending in May 2024. In line with Amey group timelines, the 2024 budget indicates an anticipated accounting surplus position of £0.328m on turnover of £7.994m. Based on APS budget, works from the Council represent around 81% of annual anticipated net turnover. 2.18 Appendix 4 provides detail on the 2024 budget which has been prepared to May 2024 as outlined in section 2.17. For comparison purposes the 2023 budget has been shown both as the full annual budget and the 5-month budget to May 2023. 3. Measures of success 3.1 These reports are intended to give Members an insight into how the LLP is performing and where it is supporting delivery or adding value to the council’s priorities. 4. Supporting documentation Appendix 1 Performance Indicators & Outcomes Appendix 2 Financial Performance as at 31 December 2023 Appendix 3 Overall Financial Standing – Balance Sheet as at 31 December 2023 Appendix 4 Approved Budget 2024 – (based on the cessation of the current LLP May 2023) Lyall Rennie Chief Officer (Community Operations) Page 159 of 204
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 160 of 204
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Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 161 of 204
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Appendix 1 Performance Service Area Target Outcome/Purpose 2023/24 Actual 2024/25 Target 2024/25 Actual Comments Improve economic opportunities and outcomes OBJECTIVE: Improve infrastructure to help current and incoming businesses to grow and create employment, help current and incoming businesses to grow and create employment Street Lighting Activities To enable vulnerable people to feel safe in their local area 97.37% 95% TBC This performance target includes measures related to: Works Outstanding, Works Quality, Dispute Resolution, Dark Street Lamps & Works Registration Compliance (SRWR). Roads Works Activities Contribute to the long-term economic sustainability of North Lanarkshire 97.23% 95% TBC This performance target includes measures related to: Works Outstanding, Works Quality, Dispute Resolution & Road Works Registration Compliance (SRWR). General Performance Contribute to the long-term economic sustainability of North Lanarkshire 78.51% 95% TBC This performance target includes: Reinstatement Compliance, Remedial Works Compliance, Prompt Payment to Suppliers, Public Complaints & Health and Safety Compliance. General Performance – Performance is below the target of 95% this relates to the time being taken for APS to make payment to their supply chain, the number of street lighting reinstatements meeting the specified standards and remedial work not completed within the maintenance period. All these issues have been raised with APS. Page 162 of 204
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Appendix 2 Page 163 of 204
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Appendix 3 Page 164 of 204
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Appendix 4 Approved Budget - 2024 (based on cessation of the current LLP May 2024) 2023 2023 2024 Commentary 2023 Annual Forecast (RF2) Annual Forecast (RF2) to May 2023 Budget to May 2024 Movement May 2023 v 2024 Provisional Outturn £m £m £m £m £m Income from NLC 16.969 8.260 6.487 (1.772) Decrease in Revenue & Capital funding due to cessation of current LLP arrangement. 20.051 Strategy WIP (net of provision) (0.278) 0.035 0.045 0.010 Write down strategy 0.598 Other 3rd party income 1.881 0.238 1.462 1.224 Increased income from other clients inc. other local authorities 0.871 Total Income 18.573 8.532 7.994 (0.538) 21.520 Expenditure; Employee costs (7.073) (3.223) (2.696) 0.527 (8.221) Sub-contractor costs (2.472) (1.245) (0.645) 0.600 (3.291) Materials (3.435) (2.016) (1.126) 0.890 (5.561) Plant & Vehicle costs (4.636) (1.606) (2.759) (1.153) Increased costs associated with internal hires within Amey Group. (3.984) Property, Communications & Other (0.840) (0.230) (0.440) (0.210) Increased costs predominately associated with rates. (0.931) Total resources expended (18.455) (8.321) (7.666) 0.655 (21.988) Trading profit/(loss) 0.118 0.212 0.328 0.116 (0.469) Management Fee 0.000 0.000 0.000 0.000 0.000 Net profit/(loss) 0.118 0.212 0.328 0.116 (0.469) Amey Public Services LLP Income & expenditure Decrease is a result of 2024 budget being based on the cessation of the current LLP (May 2024) Page 165 of 204
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North Lanarkshire Council Report Environment & Climate Change Committee Does this report require to be approved? ☐ Yes ☒ No Ref LR Date 21/08/24 Annual report on the performance of North Lanarkshire Council from the Scottish Roadworks Commissioner From Lyall Rennie, Chief Officer (Community Operations) E-mail renniely@northlan.gov.uk Telephone 07855 193500 1. Background Executive Summary The Scottish Road Works Commissioner oversees improvements to the planning, coordination and quality of road works by both local authorities and statutory undertakers in Scotland. The Council has a Duty under section 118(1) of the New Roads and Street Works Act 1991, to co-ordinate the execution of works of all kinds in roads for which they are responsible. This report presents Elected Members with details of the Scottish Road Works Commissioner’s Performance Review in relation to Road Works undertaken by North Lanarkshire Council during 2023/24. The Transport (Scotland) Act 2019 introduced new legislative reform measures to further improve the regulation of road works in Scotland. These new measures are now being implemented following delays, mainly due to Covid. Recommendations It is recommended that the Environment and Climate Change Committee: (1) Acknowledge the Service’s operational performance between 1 April 2023 and 31 March 2024 as outlined within the Scottish Road Works Commissioner’s Annual Report and; (2) Recognise the resource implications due to the ongoing implementation of the Transport (Scotland) Act 2019 (3) Acknowledge the arrangements for securing an improved level of performance from all utility companies. The Plan for North Lanarkshire Priority Improve North Lanarkshire's resource base Ambition statement (17) Ensure we keep our environment clean, safe, and attractive Programme of Work Statutory / corporate / service requirement Item 13 Page 167 of 204
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1.1 The Scottish Road Works Commissioner is an independent public official established under section 16 of the Transport (Scotland) Act 2005 and is accountable to the Scottish Ministers and ultimately the Scottish Parliament. The Commissioner's aim is to improve the planning, coordination, and quality of road works throughout Scotland. 1.2 This Report updates the Committee on the performance of North Lanarkshire’s Roads Service following the publication of the annual performance report by the Scottish Road Works Commissioner for 2023/24. 1.3 The Scottish Parliament voted to pass the Transport (Scotland) Bill on Thursday 10 October 2019. The Bill received royal assent on 15 November 2019 and became the Transport (Scotland) Act 2019. The Act consists of 10 Parts and introduces new measures across a range of transport related disciplines. The current and future implications of Part 9 (Road Works) are outlined within this Report. 2. Report 2.1 The Commissioner monitors performance, promotes and encourages good practice across both utility companies and roads authorities. The Commissioner also has powers to impose financial penalties on roads authorities who systematically fail in their duty to co-ordinate and upon statutory undertakers who systematically fail to co-operate when undertaking road works. 2.2 Responsibility for the day-to-day management and co-ordination of works undertaken on roads is as follows: • North Lanarkshire Council, as the Roads Authority, has a duty to co-ordinate all road works carried out on any road for which they are responsible; • The reinstatement of road surfaces remains the responsibility of the party undertaking the works. The roads authority has powers to inspect road works to ensure that statutory undertakers (typically utility companies) fulfil their obligations; • Traffic management at road works (cones, signs and barriers) is the responsibility of the party undertaking the works; and • The roads authority is responsible for any decisions related to the repair and maintenance of their roads. 2.3 All works undertaken within the Public Road in Scotland require to be noticed in accordance with the conditions and timescales as set out in the New Roads and Street Works Act 1991 and associated Codes of Practice. All works must be recorded on the Scottish Road Works Register (Aurora). Any proposed works entered onto the Aurora system without the requisite information, or out-with the prescribed timescales (both prior to and after the works are undertaken) will incur a ‘noticing failure’. 2.4 The Office of the Scottish Roadworks Commissioner issues annual performance review letters to all works promoters in Scotland. Any organisation that fails to meet the identified performance figures may be required to meet with representatives from the Commissioner’s office to discuss the figures in greater detail. Page 168 of 204
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2.4.1 The aim is to balance the statutory rights of road works authorities and undertakers to carry out works, with the expectation of road users that disruption from works shall be kept to a minimum. 2.4.2 The Commissioner has the Power to issue a Penalty of up to £100,000 to organisations who persistently fail to comply with the requirements of the Act and / or secondary legislation. 2.5 As a result of the Covid-19 pandemic, most road operations, utility works and new construction / development was suspended in the early part of 2020. The Service has continued to note an increase in the number of requests for work, resulting in higher competition for road-space. 2.5.1 The telecommunications sector has seen a significant increase in installation of new services. This includes the replacement of copper cables with fibre optic services and within North Lanarkshire, the roll out of the digital infrastructure transformation project. 2.6 Performance levels in recent years have generally been to a high standard. In 2019/20 the Report stated that in relation to works planning and operational functions, ‘North Lanarkshire’s performance sets an example to other roads authorities’. 2.7 Performance in 2022/23 was summarised as: ‘Overall, the road works performance of North Lanarkshire Council was well-managed during 2022/23. This continues the good management from the 2021/22 reporting year and I acknowledge your continuing commitment.’ 2.8 Performance in 2023/24 was summarised as: ‘Overall, the road works performance of North Lanarkshire Council was satisfactory during 2023/24. I expect to see increased efforts to deliver a well-managed performance in 2024/25.’ 2.9 The primary reason for the reduction in overall performance was due to the more stringent requirement in noticing regulations implemented through the Transport (Scotland) Act 2109 on 1 April 2023. 2.9.1 On the 01 July 2023, the requirement to record start / stop notices within both 2 hours of the work starting and being completed on site was formally introduced. This change seeks to improve the provision of more accurate information to all road users going forward and has required changes in working practices for both the Roads Service and Amey Public Services LLP to ensure compliance. 2.9.2 Training was provided to both internal officers and Amey Public Services operatives in advance of the new requirement. However, both parties initially struggled to implement the operational changes, primarily due to difficulties in sub-contractor compliance and a lack of mobile devices on the operational side. There were also issues identified around public holiday periods. This initially resulted in a significant number of notice failures in quarter 2, followed by gradual improvement throughout the remainder of the year. Recent North Lanarkshire Council Performance Page 169 of 204
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2.9.3 Overrunning Works were also identified as an area requiring improvement. These occur when the works take longer than anticipated due to unforeseen circumstances, and where the responsible officer fails to apply for a notice extension within the required timeframe. Performance sharply declined for this indicator in Q2 2024, potentially due to an unanticipated consequence of the change to the completion notice requirements within 2.9.1 above. Following investigation, further training was undertaken with all relevant officers and contractors to address this issue. 2.10 Performance in Quarter 4 shows that noticing performance was back within the Commissioner’s expected performance range where it is anticipated to remain going forward, due to the additional resources and procedures now in place. The Service are focused on minimising the risk presented during the forthcoming transition to the Roads and Infrastructure Enterprise Contract. 2.11 In depth analysis of the Council’s performance is detailed in Appendix 2 and includes the following key indicators:- • Noticing failures; • Works stated and completed; • Overrunning Works; • Fixed Penalty Notices issued to Statutory Undertakers; • Sample inspections undertaken on Statutory Undertakers works. 2.12 The Transport (Scotland) Act 2019 was designed to help make Scotland’s transport network cleaner, smarter and more accessible than ever before - aiming to empower local authorities and establish consistent standards to tackle current and future challenges, while delivering a more responsive and sustainable transport system for everyone in Scotland. The Act consists of 10 Parts although only Part 9 (Road Works) is considered within this Report. Transport (Scotland) Act 2019 – Road Works Page 170 of 204
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2.13 The Act amends the 2005 Transport (Scotland) Act and strengthens the status of the Scottish Road Works Commissioner. The Commissioner now has powers of direction through compliance notices, power to issue increased fixed penalty notices (£100,000, previously £50,000), an inspection function and new inspection powers. The provisions also cover signing, lighting and guarding at road works sites, safety measures, the qualifications of roads authority workers, reinstatement quality plans, information about apparatus and commencement and completion notices. 2.14 Significant changes included the mandatory requirement for Roads Authorities to fully comply with the Code of Practice for Safety at Street Works and Road Works and a mandatory requirement that roads authorities’ supervisors and officers have relevant qualifications. Training has been provided for all relevant Officers to ensure compliance. Page 171 of 204
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2.15 From 1 April 2024, the Act makes provision for the Commissioner to issue Compliance Notices where specific duties under NRSWA and Roads (Scotland) Act 1984 have been breached (see table below). In practice, these will generally be issued on the Commissioner’s behalf by Compliance Officers. Page 172 of 204
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2.15.1 The Scottish Road Works Commissioner has directed that Compliance Notices will be issued to address both: • Systematic failings, i.e. those where a pattern of non-compliance is identified and; • One-off failings of a suitably serious nature; o Safety breaches where an identifiable danger exists to life and limb; o High profile non-compliances where media or political interest exists. 2.15.2 Failure to comply with a Compliance Notice is an offence under the Act, which can be subject to various financial penalties: • Upon summary conviction, a fine of up to £50,000 • Upon conviction, an unlimited fine, • A Fixed Penalty Notice (it is anticipated that this will be the preferred means of dealing with failures). 2.16 Road works on local roads within North Lanarkshire have historically been managed in line with the Safety at Street Works and Road Works Code of Practice, ensuring the Page 173 of 204
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safety of the public and road workers. The first provision (No.1) in the table above presents an additional operational challenge to all Road Authorities to comply with the full pedestrian segregation requirements within the Code of Practice, while retaining access and accessibility for residents, particularly during road resurfacing and improvement schemes. 2.16.1 The signing and guarding of each site will continue to be determined during the works planning phase through risk assessment, however full mandatory compliance with the Code presents additional financial pressures on service budgets. 2.17 Further changes in relation to Fixed Penalty Notices are scheduled to be introduced this year to allow the Commissioner to issue a wider range of FPN’s. The Council’s Role in Public Utility Works 2.18 The Council endeavours to balance the needs of the utility companies, supporting them to complete the works in the shortest practical time, against the overall needs of those who live, work, visit and travel in the area. 2.19 Statutory Inspections are a method by which a Roads Authority can regularly establish the performance of utility companies It involves inspection of a random sample of sites at various stages during the works and the guarantee period following completion. 2.20 There are three key stages of work for inspections and 10% of each utility’s works are inspected at each stage: • Cat A - while it is being carried out (live sites); • Cat B - once a reinstatement is complete; and • Cat C - up to the end of their guarantee period. Prior to 1 October 2023, the guarantee period lasted for a period of two years. This has now been increased to six years for most reinstatement types. 2.21 Typically, inspections of utility providers work will consider, but are not limited to, the following: • Safe and proper traffic management used; • Ramps and correct information signs used; • Correct materials used; • Surface profile and condition; • Compaction of materials; • Sealing of joints, joints that have begun opening up; and • All markings been replaced. Page 174 of 204
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2.22 Fees are payable to road works authorities for each sample inspection undertaken, as prescribed by regulations. The current fee is set by the Scottish Government at £36 per inspection. 2.23 The number of sample inspections undertaken is based on the average number of works by each utility during the previous three years. In 2023/24, the total number of Sample Inspections carried out was 1,352. The breakdown of inspections on the major utility company sites carried out is shown in Table 1. 2.24 The average pass rate for sample inspections for all public utility reinstatements was 97.0%. The Commissioner’s target pass rate for each utility is 90%. 2.25 The extension of the guarantee period for public utility reinstatements to six years will require changes to the Cat C inspection process going forward. Table 1 – Performance of Major Statutory Undertaker 2.26 An additional process of defect inspections is carried out on reinstatements where failures are found until remedial works are undertaken. This is supplemented by additional target inspections on those utilities where performance is deemed not to be acceptable. 2.27 The Council issue Fixed Penalty Notices whenever there is a clear breach of noticing requirements in line with the Code of Practice. Each Fixed Penalty Notice is for £120, discounted to £80 if payment is made within 29 days. The objective of the Fixed Penalty Notices is to improve the quality and timeliness of utility companies notices, and ultimately the coordination of roadworks. 2.28 The Service issued 236 FPN’s to utility companies during 2023/24. Table 2 provides a breakdown of the organisations to whom the majority of the FPN’s were issued. 2.29 While the Commissioner’s Report highlights that the performance of the Council is satisfactory, the Service recognises the need for ongoing improvement in our noticing practices, the quality of road reinstatements and in minimising inconvenience during future works. 2.30 Council officers will continue to coordinate all works requested by public utilities and implement procedures to ensure conformity with the legislative changes outlined above. Further training will be provided to ensure readiness. Page 175 of 204
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2.31 The majority of FPN’s issued at present are system generated. These FPN’s are detected by the Scottish Road Works Register and issued by council officers where the offences are substantiated. In line with the role out of the additional FPN’s highlighted in 2.17 above, the Service will develop awareness and capability across the Teams to increase compliance monitoring. 2.32 Partnership working with all relevant stakeholders and utilising all available innovation and technology to better coordinate road works and minimise disruption on the network will continue. 3. Measures of success 3.1 The service continues to perform at or beyond the levels identified within the Office of the Scottish Road Works Commissioners Report and adapts to the legislative changes contained within the Transport (Scotland) Act 2019. 4. Supporting documentation Appendix 1 Road Works Performance Review for North Lanarkshire Council – 2023/24 Appendix 2 Road Works Performance Review for North Lanarkshire Council – 2023/24 - Data Lyall Rennie Chief Officer (Community Operations) 1 1 1 1 2 2 8 13 21 30 33 46 63 Hutchison 3G ESP Electricity Nexfibre Networks Limited Network Rail Commsworld Limited Vodafone Limited Axione UK Limited Virgin Media Group SGN Netomnia Limited Scottish Water SP Energy Networks BT Number of FPNs Issued by Public Utility Page 176 of 204
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 177 of 204
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Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 178 of 204
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North Lanarkshire Council Report Environment & Climate Change Committee Does this report require to be approved? ☐ Yes ☒ No Ref: PH/SB Date: 21/08/24 Contract Award for Bridge Inspections 2024/25 From Pamela Humphries, Chief Officer (Place) E-mail barrst@northlan.gov.uk Telephone: Stewart Barr, 07958166657 Executive Summary This report is to advise the Environment & Climate Change Committee of the decision taken in accordance with condition 21.3.2 of the Council’s General Contract Standing Orders (GCSO’s) where, out with the committee cycle, the Depute Chief Executive approved the award of a contract for Bridge Inspections 2024/25 (the ‘Contract’) to AtkinsRealis Limited. The Contract was approved by the Depute Chief Executive on 27 June 2024 and was formally awarded on 28 June 2024. The Contract is for a period of 9 months and commenced on 1 July 2024. The value of the Contract shall not exceed Seven Hundred and Forty Thousand, One Hundred and Seventy-Four Pounds Sterling and Seventeen Pence (£740,174.17) exclusive of VAT. Recommendations It is recommended that the Environment and Climate Change Committee: (1) Acknowledge the award of the Contract to AtkinsRealis Limited at the value of Seven Hundred and Forty Thousand, One Hundred and Seventy-Four Pounds Sterling and Seventeen Pence (£740,174.17) exclusive of VAT. The Plan for North Lanarkshire Priority Improve North Lanarkshire's resource base Ambition Statement (17) Ensure we keep our environment clean, safe, and attractive Programme of Work Statutory / corporate / service requirement 1. Background 1.1 An annual contract is let to inspect the Council’s bridge stock and other road and path structures. The 2023/24 contract expired on 31 March 2024. The Contract detailed within this report facilitates the inspection of the scheduled structures for 2024/25. Item 14 Page 185 of 204
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1.2 The Council has a statutory duty to carry out these inspections to ensure public safety and fulfil our legal obligations. The Roads Scotland Act (1984) requires Local Authorities to have a well-managed and maintained road network. Inspections and assessments are critical activities for managing the road network and informing maintenance and replacement regimes. 1.3 The Council is required to appoint an appropriately experienced and qualified professional consultant to carry out consultancy services in accordance with the specification, job description and activity schedule included within the tender documentation. The consultant is required to: • Provide suitably qualified staff, including sign offs of all principal Inspection reports by a chartered Civil Engineer. • Provide appropriate temporary traffic management measures and suitable access equipment/vehicle to enable the inspections. • Undertake principal inspections of 126 bridges. • Undertake general inspections of 167 bridges. • Undertake six level 1 scour assessments as per BD97/12. • Undertake six structural reviews as per CS451. • Undertake one structural assessment of half jointed structures as per CS466. • Undertake general inspections of 30 park and core path bridges within Council ownership. • Produce and submit general and principal inspection reports, scour assessments and structural reviews to the relevant standards detailed in the contract documents. • Upload all the inspection information to the Council’s asset management software. 1.4 The Scotland Excel Engineering and Technical Consultancy Framework 0820 has been identified as the most appropriate route to market for this contract award procedure. Lot 1 Roads and Structure Services scope matches contract requirements. The underlying consultancy contract will be NEC4 Professional Services Contract (June 2017) Option A and will be managed by a Council Project Manager. 2. Report 2.1 A user intelligence group (the ‘UIG’) of technical and procurement representatives was formed to review technical specifications, ways to maximise community benefits and sustainability and to agree the procurement strategy that would deliver maximum benefit for the Council via the Contract. 2.2 The initial estimated value of the Contract dictated that the procurement procedure be undertaken in accordance with the Public Contracts (Scotland) Regulations 2015. 2.3 The procurement procedure was undertaken as a “Direct Award” from the Scotland Excel framework agreement for Lot 1 Roads & Structures Services. The Scotland Excel Engineering and Technical Consultancy Framework 0820 has been identified as the most appropriate route to market for this contract award procedure. Lot 1 Roads and Structure Services scope matches the Contract requirements. 2.4 AtkinsRealis was selected to provide a tender in accordance with the direct award call-off procedure “7.4 Selecting a Supplier (call off procedure)”. This clause states that a supplier can be selected to carry out a work order from a selection of 10 different criteria of which one needs to be satisfied. In this instance the applicable criteria being the combined tenderers Technical and Commercial Scores were used. 2.5 The tender submitted by AtkinsRealis Ltd has been evaluated as representing the most economically advantageous tender for this Contract. Page 186 of 204
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2.6 Further details of the procurement procedure is provided in Appendix 1 and the SME status and location of the tenderer is located within Appendix 2. Price Savings / Increases 2.7 The pre-tender whole life estimate for the Contract was One Million Pounds (£1,000,000). An estimate for the original scope was received and valued at approximately £1.4M. A rescoping exercise was subsequently undertaken, with the removed from scope services rescheduled to be delivered across future years. Following the revision of the scope and completion of the procurement procedure, the value of the Contract is Seven Hundred and Forty Thousand, One Hundred and Seventy-Four Pounds Sterling and Seventeen Pence (£740,174.17) exclusive of VAT. 2.8 The revised scope removed the following anticipated services: • Five structures for structural assessment of half joints as per CS466 • The inspection of 50 park and path bridges and structures. 2.9 The consultant submitted a detailed breakdown of the activity schedule, including rates for all categories of employees, and sub-contractor costs. This was reviewed by the Tender Evaluation Team and shown to offer best value and were in line with framework rates. 2.10 The costs associated with contract delivery will be contained within the capital budget for Infrastructure & Transportation, Bridge Engineering. Price Stability 2.11 The payment mechanism is an NEC4 Professional Services Fixed Price Activity Schedule. Any out-of-scope variations will be treated as a compensation event. Community Benefits 2.12 The procurement included a community benefit requirement, this approach is designed to deliver local community benefits where possible. 2.13 AtkinsRealis Limited committed to deliver awarding a minimum of four number sub-contracts for supplies, services or works to local SMEs. 2.14 The community benefits delivered as part of the Agreement does not include the creation of jobs or apprenticeships. Fair Work First 2.15 Within their tender submission, AtkinsRealis Limited advised that they commit to the key areas of the Scottish Government’s “Fair Work First” initiative. Contract Management 2.16 Officers from Bridge Engineering, Infrastructure & Transportation will be responsible for managing the Agreement which will be undertaken in accordance with NEC4 Professional Services contract conditions. 3. Measures of success 3.1 The Contract will deliver the following outcomes: Page 187 of 204
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• Identification of asset condition and safety concerns for 323 bridges, allowing action to be taken such as remedial action or closures. • Conformation of load capacity of one bridge. • Provision of data required to support effective management, maintenance, renewal and financial planning. • Assist in delivery of a well-managed and maintained road network. • Compliance with relevant legislation. 4. Supporting documents Appendix 1 Summary of Procurement Process Appendix 2 SME Status and Location of All Tenderers Pamela Humphries Chief Officer (Place) Page 188 of 204
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? There is sufficient budget provision within Bridge Engineering, (Infrastructure & Transportation). 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 189 of 204
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Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? The contract outcomes are control measures within Corporate Risk Register Reference RIS0000497 - Bridges and Retaining Structures Asset Conditions. 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex-Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 190 of 204
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Appendix 1 – Summary of Procurement Process CPT Contract Reference Allocated: NLC-CPT-23-137 Procurement Procedure Utilised: Direct Award from Framework Agreement Governing Legislation / Regulations: Public Contracts (Scotland) Regulations 2015 Date Contract Strategy Approved: 30 April 2024 Framework Owner: Scotland Excel Framework Title: Engineering and Technical Consultancy Framework Framework Reference Number: 0820 Lot Reference / Title: Lot 1 – Roads & Structures Companies Appointed to Framework / Lot: AECOM Limited Amey OW Limited AtkinsRealis UK Limited Gavin & Doherty Geosolutions (UK) Limited Haskoningdhv UK Limited Ironside Farrar Limited Jacobs UK Limited Local Transport Projects Limited Mott MacDonald Limited RPS Consulting Services Limited RSK Environment Limited Stantec UK Limited Sweco UK Limited WSP UK Limited Date ITT Published: 12 June 2024 Tender Platform Utilised: PCS Quick Quote (PCSQQ) Tender Return Deadline: 17 June 2024 Number of Tenders Received: 1 Tenders from SME’s: 0 Tenders from NLC Based Tenderers: 0 Tenders from Supported Businesses: 0 Number of Recommended Tenderers: 1 Assessment Team: Bridge Engineering Team (Infrastructure and Transportation) Anticipated Start Date of the Agreement: 01 July 2024 Total Agreement Period (Months): 9 Page 191 of 204
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Awarded Value of the Agreement: £740,174.17 Page 192 of 204
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Appendix 2 – SME Status and location of all Tenderers Name of Tenderer Size of Tendering Organisation (Micro, Small, Medium or Large) Location (Local Authority / Council Area) AtkinsRealis Limited. Large Midlothian Page 193 of 204
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North Lanarkshire Council Report Environment & Climate Change Committee Does this report require to be approved? ☐ Yes ☒ No Ref: NLC-CPT-23-017 Date: 21/08/24 Contract Award for Provision of an Enterprise Asset Management Solution (CONFIRM) From Lyall Rennie, Chief Officer (Community Operations) E-mail renniely@northlan.gov.uk Telephone 07855 193500 Executive Summary This report is to advise Committee of the decision taken in accordance with condition 21.3.2 of the Councils General Contract Standing Orders (GCSO’s) where in the absence of committee, the Depute Chief Executive approved the award of a contract for the Provision of an Enterprise Asset Management Solution (CONFIRM) (the ‘Agreement’) on 22 February 2024 to Computacenter (UK) Ltd. The Agreement was formally awarded on 27 February 2024 and is for an initial period of 96 months backdated to 1 December 2023, the contract award has been back dated as the previous contract expired 30 November 2023. The council reserves the right to extend the Agreement for additional periods up to a maximum of a further 48 months. The maximum value of the Agreement is Six Million, Forty-Nine Thousand and Forty-Nine Pounds Sterling (£6,049,049) exclusive of VAT. Recommendations It is recommended that the Environment and Climate Change Committee: (1) Acknowledges the award of the Agreement to Computacenter (UK) Ltd at a maximum value of Six Million, Forty-Nine Thousand and Forty-Nine Pounds Sterling (£6,049,049) exclusive of VAT over the entire proposed contract period. The Plan for North Lanarkshire Priority Improve North Lanarkshire's resource base Ambition Statement (17) Ensure we keep our environment clean, safe, and attractive Programme of Work Digital North Lanarkshire Item 15 Page 195 of 204
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1. Background 1.1 Part of the requirements within the Agreement were under contract with Brightly (previously known as initially Pitney Bowes and then Dude Solutions). This arrangement expired on 30 November 2023 with the Agreement detailed within this report due to supersede it. 1.2 The CONFIRM asset management application has been used by Streetscene Services for more than 20 years and is now embedded into operations across a number of services and includes integration to North Lanarkshire Council’s Customer Relationship Management (CRM) system. 1.3 Over the last few years Housing & Property Services and Waste & Streetscene have utilised a further Agreement on a limited basis for asset management purposes. In 2020, the Head of Environmental Assets gave approval for all Roads and Infrastructures assets to be transferred from the existing RMS platform onto CONFIRM, to generate efficiencies through the Service’s Digital NL Sprint. 1.4 NLC had two separate contracts covering multiple service areas which are being consolidated to a single contract to minimise procurement and achieve future cost avoidance. By operating with two contracts NLC have resources from multiple services operating the same system separately. This procurement establishes a single long-term solution that consolidates existing contracts while continuing to meet core business requirements for all involved services while continuing to align to NLC’s enterprise architecture principles and technical standards. 1.5 In aligning to enterprise architecture, moving the CONFIRM system to a supplier hosted solution (Cloud First) will minimise business disruption due to system upgrades and/or software maintenance. By moving to a hosted solution, tasks and risks associated with (software/hardware) upgrades and maintenance are transferred to the supplier with the aim of reducing service impact. 1.6 A detailed report including recommendations was submitted to a special Enterprise Architecture Governance Group (EAGG) meeting on 14 December 2022. Approval was provided to progress the use of the Scottish Government Software Value Added Reseller (SVAR) Framework (SP-21-034) to source a long-term contract. This will cover the use of Confirm (provided by Brightly) as an Enterprise Asset management solution across multiple NLC service areas including Community Operations (Roads, Streetscene, Cemeteries) Corporate Properties. A link to the report and the meeting minute showing approval is provided below: 20221214 EAGG Briefing Paper - Enterprise Asset Management - Use of Confirm.docx Special EAGG Minute 14 12 2022.docx 1.7 The Activity Schedule issued with the Tender documents was developed to allow scope for expansion and contraction of users throughout the life of the Contract. This will enable further consolidation of software systems as other service areas undertake digital transformation allowing a fluid and flexible licence agreement. 1.8 The proposed licence profile has been offered at significantly commercially advantageous rates due to both parties proposing to enter a long-term relationship. This offers North Lanarkshire Council the opportunity of realising a minimum of £1.5m in cost avoidance throughout the lifetime of the contract, based on the minimum commitment of 290 licences required at the commencement of the Agreement. Page 196 of 204
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2. Report 2.1 A group of technical and procurement representatives was formed to develop and agree the procurement strategy for the Agreement to enable the council to achieve maximum benefit for the requirements. 2.2 The initial estimated value of the Agreement dictated that the procurement procedure be undertaken in accordance with the Public Contracts (Scotland) Regulations 2015. 2.3 The procurement procedure was undertaken as a “Direct Award” from the Scottish Government’s Software Value Added Reseller (SVAR) framework agreement. Following the justification detailed and appraised within the associated contract strategy document, the Direct Award procedure was considered to demonstrate “Best Value” for the council. 2.4 The key aim of the SVAR framework is to provide Scottish public sector and third sector bodies (framework public bodies) with a one-stop access to a commercial arrangement for the purchase of commercial off the shelf (COTS) software and support services. There are no lots and only a single supplier with one call-off method, direct award. SVAR Framework benefits include: • Reduction in duplication of procurement activity within the Scottish public sector. • Easy to use, single supplier framework, with no need to run a mini competition. • Standardised terms and conditions. • Structured discounts in place for software purchases that will deliver demonstrable value for money and savings. • Centralised framework administration and management. • Asset recording of purchased software. • Aggregation of bulk software purchases (bringing together organisations with similar purchases to identify savings). • Management and administration of price competitions between software options to identify further savings. • Reduction in the amount of NLC (IT, Service and Procurement) staff resources required from multiple services to support the procurement process. • Provides transparency in the process of sourcing a contract with an existing supplier. 2.5 The use of the SVAR framework allows NLC to make use of a 3rd party to engage with Brightly Software in relation to the direct award of a long-term contract where the 3rd party provides procurement support to complete required negotiations. 2.6 The strategic objective aligns with the Plan for North Lanarkshire which sets out our vision and plans to deliver a world class digital infrastructure capable of enhancing digital skills and levels of participation within our communities. The planned digital transformation will ensure intelligent use of data and information to support fully evidence-based decision making and future planning. Rationalisation of line of business systems feeds directly into Digital NL objectives. 2.7 Other strategic/technical objectives include: • Deliver best value to the Council. • Adhere to NLC’s enterprise architecture principles and technical standards. Page 197 of 204
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• Enable business continuity and certainty of service provision. • Establish beneficial contractual obligations for tight control of spend throughout the agreed term in accordance with the Council’s General Contract Standing Orders (GCSO). • Further develop the relationship between Brightly (via Computacenter) and the Council to deliver further efficiencies and best practice. • Promote a positive arrangement to the Council and the appointed Supplier ensuring effective communication, risk management & dispute resolution. • Ensure the Council’s adherence to statutory regulations in respect of the services being undertaken. • Ensure appropriate insurance provisions are in place and maintained throughout the contract term. • Access to and appointment of Supplier(s) that meet all statutory obligations i.e., equalities, health, and safety etc. • Promote the Council’s aspirations in relation to creating prosperity and achievement of social justice by considering workforce matters as part of the procurement process. 2.8 NLC has 2 separate procurement exercises underway to source high value contracts for: • Housing & Corporate Maintenance & Investment Services (8+2+2) • Roads & Infrastructure Maintenance and Improvement Services (8+1+1+1+1) Both contracts have a term length of up to 12 years. These contracts are interlinked with this system so the durations have been aligned. 2.9 Asset management is a key activity related to both contracts and as such the Brightly Software Confirm system is classed as a strategic NLC business system where the new contract should aim to be on a similar term basis as both enterprise contracts. By doing this NLC can: • Develop an NLC enterprise asset management system strategy & roadmap and produce an asset transition/development backlog that is likely to take several years to complete. • Minimise longer term service disruption allowing the time required to develop the processes and required activities for each new asset type added to the system. • Remove the demand on service and procurement staff to repeat this procurement process at some point (halfway) through the proposed enterprise contract term. • Gain long term visibility of system maintenance and development costs. • Complete integrations/system links with 3rd party enterprise contract suppliers knowing that it will not need to be redone during the length of the enterprise contracts and additional integrations will not required. • By establishing long term commitment to the supplier, NLC will gain long term pricing benefits. 2.10 The new contract will include a roadmap for adding assets and rationalising line of business systems over the first 3-4 years. Agreed standard costs for ad hoc changes will also form part of a long-term contract to minimise future price changes. 2.11 As approved at NLC’s Enterprise Architecture Group, the Brightly Software CONFIRM system will be used as a strategic asset management solution with asset types across multiple services targeted to be transitioned to the Brightly Software CONFIRM system as an approach to standardise the management of assets across NLC. Collaboration activities during the lifetime of the project will include but not be limited to: • Work to develop a roadmap for multiple asset types to be transferred, initially during the first 4 years of the contract term. Page 198 of 204
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• The completion of work to transfer Roads, Bridges and Structures assets to the system (July 2024). • The transfer of assets from the Epilog cemetery system. • Small financial benefit possible by discontinuing the use of the Epilog system. • Completion of an evaluation exercise to move Protective Services and Trading Standards activities to be managed using Confirm. • Possible financial benefit from discontinuing the use of Civica APP. • Planning and implementation of corporate properties and related asset types to Confirm. • The introduction of the Brightly Software Predictor module for use in assisting service teams to identify future capital investment required for the entire asset lifecycle. • Completion of a review of specialist staff resources required to support the system as a strategic asset management system. • Completion of reviews of other asset management systems across NLC including IT, Fleet, Leisure and Housing. 2.12 The tender received from Computacenter (UK) Ltd) underwent appropriate appraisal to ensure it was complete / compliant with the council’s requirements and demonstrated value for money. 2.13 Further details of the procurement procedure is provided in Appendix 1 and the SME status and location of the tenderer is located within Appendix 2. Financial / Budget Consideration 2.14 Following completion of the procurement procedure, the maximum value of the Agreement to be awarded is Six Million, Forty Nine Thousand and Forty Nine Pounds Sterling (£6,049,049) exclusive of VAT. 2.15 Prices were requested based on a minimum / maximum level and also on 4 separate bands between 290 and 550 user licenses. Price breaks are applied at agreed levels where the rate per individual licence drops as usage increases. 2.16 The costs associated with delivery of the Agreement will be contained within the Capital & Revenue budgets for the duration of the Contract. The licence costs will be covered by individual services revenue budgets. Price Stability 2.17 The tenderer has committed to a long-term pricing model, holding rates from years 1-5, 6-8 and 9-12 as tendered. Therefore, there will be no further effect of inflation on this contract and improves service budget planning. Community Benefits 2.18 The framework includes delivery of community benefits based on specific call-off spend. 2.19 The community benefits delivered as part of the Agreement does not include the creation of jobs or apprenticeships. Fair Work First 2.20 Within their tender submission, Computacenter (UK) Ltd advised that they will commit to the Scottish Governments “Fair Work First” initiative. Contract Management Page 199 of 204
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2.21 Officers from Community Operations will lead and be responsible for managing the Agreement which will be undertaken in accordance with the councils agreed approach to contract and supplier management. Officers from other services will be included as required. 3. Measures of success 3.1 The Agreement will deliver the following outcomes; • The appointment of a Service Provider who has the experience and capability to deliver an innovative, high quality and responsive service. • The procurement procedure is compliant with procurement legislation and internal procedures. • Best value is being delivered through commercially advantageous rates due to the long- term collaborative approach developed. • Enables intelligent use of data and information to support fully evidence-based decision making and future planning, in line with The Plan for North Lanarkshire objectives. • Drive government objectives towards Net Zero and a sustainable future and enabling innovation and change to Business as Usual processes. • Reduction in the amount of NLC (IT, Service and Procurement) staff resources required from multiple services to support the procurement process and multiple systems. 4. Supporting documents Appendix 1 Summary of Procurement Process Appendix 2 SME Status and Location of All Tenderers Lyall Rennie Lyall Rennie Chief Officer (Community Operations) Page 200 of 204
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Summary of financial impact contained within report. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☒ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? See EAGG minutes contained within body of report. Page 201 of 204
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Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☒ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Indirectly via the CONFIRM system itself. 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? These are included on a separate risk register. 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex-Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☒ Page 202 of 204
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Appendix 1 – Summary of Procurement Process CPT Contract Reference Allocated: NLC-CPT-23-017 Procurement Procedure Utilised: Direct Award via Framework Agreement Governing Legislation / Regulations: Public Contracts (Scotland) Regulations 2015 Date Contract Strategy Approved: 20 December 2023 Framework Owner: Scottish Government Framework Title: Software Value Added Reseller Framework Framework Reference Number: SP-21-034 Lot Reference / Title: 1 - SVAR Companies Appointed to Framework / Lot: Computacenter (UK) Ltd Date ITT Published: 01 December 2023 Tender Platform Utilised: Other Tender Return Deadline: 20 December 2023 Number of Tenders Received: 1 Tenders from SME’s: 0 Tenders from NLC Based Tenderers: 0 Tenders from Supported Businesses: 0 Number of Recommended Tenderers: 1 Assessment Team: Tommy Docherty, Scott Walker Anticipated Start Date of the Agreement: 01 December 2023 Total Agreement Period (Months): 144 (8 + 2 + 2) Awarded Value of the Agreement: £6,049,049 (maximum value) Page 203 of 204
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Appendix 2 – SME Status and location of all Tenderers Name of Tenderer Size of Tendering Organisation (Micro, Small, Medium or Large) Location (Local Authority / Council Area) Computacenter (UK) Ltd Large Hertfordshire Page 204 of 204