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Regulatory Services Performance Report 2023-2024

Argyll and Bute Council · 23 October 2024
Back to Planning, Protective Services and Licensing Committee — 23 October 2024 and its agenda

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ARGYLL AND BUTE COUNCIL                           PLANNING, PROTECTIIVE SERVICES AND
LICENSING COMMITTEE 
DEVELOPMENT AND ECONOMIC GROWTH    23 OCTOBER 2024 
REGULATORY SERVICES PERFROMANCE REPORT 2023-24 
1.0 HEADLINES 
1.1 This paper updates members of the Planning, Protective Services and Licensing Committee on
the progress which has been made to deliver the Regulatory Services Service Plan 2023/25,
highlighting achievements and performance in 2023-24, and identifying additional priorities for
the forthcoming year. The Regulatory Services- Service Plan 2023-24 was approved by PPSL
Committee on the 21 June 2023 
1.2 Regulatory Services consists of the multifaceted areas of environmental health, animal health
and welfare, licensing standards, private landlord registration and short-term let licensing. These
statutory services aim to protect public health and public safety and secure compliance with
legislation and standards. Environmental Health is the branch of public health which deals with
all aspects of the natural and built environment that may affect public health, together with animal
welfare and licensing duties. 
1.3 Regulatory Services is significantly under resourced and there is a national shortage of qualified
environmental health professionals. For much of the reporting period (1 April 23 to 31 March
2024), there were up to 9 vacancies across the service including 4 Environmental Health Officers,
and another 3 operational staff. As a result, the service has had to focus resources on higher
priority areas of work, at the expense of lower priority and other work that we are unable to deliver
and undertook a demand reduction exercise to manage our reactive workload more effectively, 
Notwithstanding, there has been good progress in delivering the service plan priorities and our
key performance measures although the plans do not include all the statutory work that is
expected of Regulatory Services. Special recognition should be given to the team for carrying
out this work, under extreme pressure. 
2.0     RECOMMENDATIONS 
2.1 It is recommended that Members of the Planning, Protective Services and Licensing
Committee:  
(a) Consider and note the achievements and performance by Regulatory Services in
2023/24.
(b) note the Service is operating circumstances and recruitment difficulties, the continued
need to direct resources to high priority activities, and to secure appropriate resources 
3.0      REGULATORY SERVICES- SERVICE PLAN 2023-25 
3.1    Regulatory Services is an enforcement service aimed at ensuring that the legislative standards
are met by businesses and the public, as appropriate, across a wide range of disciplines. Our
enforcement ethos is to work with others to secure these improvements through the provision of
advice and information. Any enforcement is risk-based and proportionate to the risk to public
health or safety, the risk of consumer detriment, non-compliance with statutory notices or where
there is evidence of non-cooperation in meeting statutory requirements.

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3.2    The Regulatory Service Work plan 2023-25 details the wide remit of the service, challenges and        
priorities and key performance targets for this period. Delivery of this overarching plan is            
dependent upon available resource and references a range of statutory plans including the Food 
Law Enforcement Plan, Health and Safety Law Enforcement Plan; Animal Health and Welfare        
Plan and NHS Highland/Argyll and Bute Council/Highland Council Joint Health Protection Plan. 
3.3   Recruitment issues and operating with up to 20% of our qualified Environmental Health Officer
resource for 23/24, has affected our performance and resulted in high risk priorities being targeted
in the first instance. Due to the excellent work of the Regulatory Services team and their ongoing
commitment, in difficult circumstances, there have been some significant achievements in 23/24,
against the Regulatory Services- Service Plan 2023-24. Appendix 2 provides a summary of
progress against the plan activities. 
3.4   We have not delivered all aspects of the plan, due to a high reactive workload, including an increase
in service requests and incidents. As a result, resources have been redirected to respond to the
reactive workload, at the expense of planned activities. However, it’s worthy to highlight the
following achievements 
i. Performance measures. Good performance against our key measures. 
Key National  Performance Measure 2023/24
Target 
2023/24
Actual 
Percentage of service requests resolved within 20 days- EH 75% 73%
Percentage of service requests resolved within 20 days-
Regulatory Services
75% 88%
Percentage of planned high risk visits (e.g. food safety, animal
health and welfare, licensing standards) completed
90% 90% 
ii. We have introduced a new management team, which is working well. 
iii. Service design. Completed and implemented a service redesign to address a 
range of issues with the previous operating model. It has reflected changes to 
service demands, new legislation, working practices (post COVID) and outcomes 
from staff engagement. It also future proofs the service embracing opportunities for
new working arrangements and the use of technology. A new structure, which 
included minor changes to management arrangements, and the creation of a 
new Principal Officer role (replacing existing Lead Officer Roles), is in place and 
good progress is being made to provide a range of measures intended to deliver the 
review outcomes. The review was undertaken within the existing revenue budget. 
iv. Completed a demand reduction exercise to identify whether there are more efficient
ways of responding to specific service requests and in some cases, find alternatives,
and also not responding where the issue is low risk or outwith our remit, whilst
providing appropriate information to enquirers. Reactive work detracts the team from
planned activities and across the whole of Regulatory Services last year, we received
in 4412 requests for service (excluding short-term let licensing and private landlord
registration). This compares to 4555 for the same period in 23/24, although there was
a 48% reduction in export health certificate requests and a 12% increase in the more
resource intensive general environmental health service requests. 
v. Despite considerable efforts to recruit suitably qualified Environmental Health Officers
to fill vacant posts, the Council have been unable to fill vacant posts, with some posts
being vacant for 12-18 months. This situation is exacerbated by the national shortage
of Environmental Health Officers in Scotland, increased competition to recruit to
vacancies by other local authorities (some of which offer higher salaries) and a
reducing number of young people entering the profession. Whilst we are actively
participating in national work with the Society of Chief Officers of Environmental
Health in Scotland, Royal Environmental Health Institute of Scotland (REHIS),

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Scottish Government and educational establishments, any outcomes are unlikely to
be evident in the short-term. 
vi. Given the national shortage of qualified Environmental Health officers and inability to
recruit, we developed a new career pathway for environmental health. This enables
individuals, with suitable training, to be appointed and to undergo a structured training
program/qualifications to progress from Graduate to Regulatory Services Officer to
Environmental Health Officer, whilst carrying out an operational workload. We have
recruited 2 new employees through this route as Regulatory Services Officer and
discussions are ongoing with an existing employee to embark on this career pathway. 
vii. Food Safety. Reinstated a food control program focussing resources on the approved
sector (i.e. manufacturers and exporters) and premises that serve vulnerable groups
such as schools, hospitals and care homes. However, we have not restarted food
interventions to general food premises 
viii. Health and Safety, Proactive inspection programme in three areas: bather safety in
swimming pools; the risk of infection from animal contact establishments; and a
sample of 20 spa pools and hot tubs. Seven enforcement notices have been served
to address non-compliance. 
ix. Public Health, work continues in reviewing the National Guidance for investigating
lead failures in relation to water supplies and implementing any changes required. We
have reviewed and replaced as necessary, all signs and advice regarding Blue Green
algae blooms in inland lochs. Recent appointment of the Principle EHO Public Health
to the vacant post we enable us to review and prioritise actions from the Joint Health
Protection Plan, investigations into cases of infectious disease in conjunction with
NHS Highland. 
x. Private Water supplies: Implemented our PWS Improvement Action Plan and
completed 129 risk assessments and carried out monitoring and sampling visits
across 449 of our 764 regulated private water supplies (increase in regulated supplies
from 562). These visits led to 308 investigations where results failed to meet
prescribed drinking water quality standards.  The number of monitoring visits has
fallen this year slightly (from 500 in 2022) as we targeted an increase in risk
assessments from 10% to 18%, but performance was affected by due to staff illness
and absence. 
xi. Housing related activities. Resources in the Landlord Registration team were reduced
to 50% despite repeated attempts to recruit. We continued to process registration and
Houses in Multiple Occupation Licence applications. Area teams continue to respond
to potential Statutory Nuisances as they relate to Housing conditions. In addition
recent changes to the Repairing Standard in relation to lead pipework in contact with
water supplies has meant increases in enquiries. 
xii. Animal Health and Welfare; Completed the review of the Animal Health Disease Plans
and implemented appropriate measures locally, in response to the national avian
influenza outbreak. Promotion of the new Scottish Kept Bird Register, which came
into place on 1/9/2024 and required all keepers of birds with access to the outside
environment to register their keeping of birds, irrespective of numbers kept. 
xiii. Licensing Standards. Completed 100% of their high risk inspection program of
licensed liquor premises, responded to 777 occasional and extended licence
applications, issued 144 welcome packs to new licensees, and responded to 1781
service requests 
xiv. Short–term let licensing. The tourism sector is critical to the economy of Argyll and
Bute and this has led to a large volume of short-term let licences. Implementation of
the Scottish Government scheme has been difficult and this has involved the reaction

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of a new team and given the temporary nature of this work, recruitment has been
problematic. At the time of writing the report, there are over 3200 applications and the
team have carried out excellent work, with 1013 licences issued. 
xv. Incidents: Responded to a variety of incidents including the investigation of a fatality
at a leisure centre, major injury to an employee, hazardous substance consent,
contaminated land issues and the national avian influenza outbreak affecting wild and
domesticated birds. In Argyll and Bute, there were no reported outbreaks associated
with domestic or commercial poultry 
xvi. Growing our own: Developed a new career pathway to Environmental Health whereby
suitably qualified officers can be recruited into a Regulatory Services role and
provided with appropriate training to become an Environmental Health Officer. Been
successful in establishing a new EH management team in 2024 with the internal
promotion to the Environmental Health Manager (West) post, and other employees
taking up promoted, different or acting-up, posts within Regulatory Services.
However, our recruitment difficulties are demonstrated by our inability to attract a
suitably qualified candidate for the post of Graduate Environmental Health Officer,
with a starting salary of £31,990 and a commitment to provide support and specialist
training to attain the professional REHIS post graduate Diploma in Environmental
Health, to become a qualified EHO 
3.5 Challenges and issues facing Regulatory Services for 2024/25 are: 
3.5.1 The service is not adequately resourced to undertake all its statutory responsibilities and work is
assessed in a risk-based, proportionate approach having regard to public health. This is
reflected in the service plans and priorities, exacerbated by recruitment difficulties in attracting
qualified officers and high levels of vacancies, and external audits (Food Standards Scotland
2016, Scottish Government Drinking Water Quality Regulator 2022). 
3.5.2  Managing risks: Regulatory Services continues to be under-resourced to deliver the Councils
full statutory duties across environmental health and animal health and welfare. Our
enforcement policy targets resources on high risk priorities, and intelligence-directed
activities and this will continue.  Whilst, a pragmatic approach to protecting public health, it
does expose the Council to reputational damage as there is statutory work not being carried out
and this potentially increases the risks of non-compliance and incidents, places a greater
emphasis on businesses to manage their businesses safely, and public concerns that
environmental health no longer respond to various issues, with an expectation that they consider
their own civil actions. External audits will identify that the Council have insufficient resource to
deliver statutory duties across Regulatory Services 
3.5.3 Recruitment and resources: 
Our aim is to recruit to our vacant posts and achieve a full staffing complement. We have
implemented a new career structure, redesigned posts and are working with our HR
colleagues, to identify innovative ways of tacking this historic issue. 
Work is planned to identify the resource gap that exists between the current service and an
appropriately resourced service, as this is unknown. In food safety(which is currently under-
resourced by 3 FTE), we have calculated that we require an additional 5.5 FTE professional
posts, above our current full complement and budget, Review existing vacancies and identify
whether there is an alternative way of delivering services within the existing budget. For
example, in private water supplies, appointment of new officers at a lower level post to
complete training for risk assessment work; appointing an additional temporary member of
staff to assist in addressing the increase in supplies funded from an increase in income

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3.5.4 Service redesign: To continue to work towards delivering all actions identified through service
redesign and meet the 11 outcomes. This includes actions relating to communication, bedding
in the new management and Principal Officer remits. Better use of digital systems and
identifying ways of finding additional capacity, through improving our effectiveness through new
ways of working and use of digital technology 
3.5.5 National shortage. Participate in national discussions to address the shortage of qualified
environmental health professionals and support local and national initiatives to promote
environmental health as “a career of choice”. This includes promotion within schools and
recruitment of a Student EHO, subject to the availability of a degree course, and internal
resources to train them during their period of workplace attendance. 
The decision by the University of the West of Scotland not to accept new students into Year 1
of the BSc (Hons) degree course in Environmental Health (the only one in Scotland) in
2024/25 and 25/26 poses a significant risk to the profession and has delayed our ability to
recruit a Student EHO, from the local community, that we could sponsor and support to
become an EHO in the future. 
3.5.6 Short-term let licensing: There are considerable challenges in assessing more than 3200
applications, due to resourcing difficulties and workload. All applications not determined within
12 months, are deemed granted, and the service is presently developing its strategy to deal
with deemed licences and have communicated with the sector that applicants can continue
operating meantime. Specific actions include the review our STL policy to take account of
revisions to legislation, the deemed grant process and continue to determine the remaining, and
new, applications for licence. Further work requires to be carried out to develop an enforcement
program for licensed premises and to participate in consideration of potential Short-term let
Planning Control Areas 
4.0 CONCLUSION 
4.1 The Council’s Regulatory Service continues to deliver its statutory duties with a continued focus
on high risk work and intelligence- led interventions, at the expense of other statutory work. This
manages public health risks but risks placing a greater emphasis on businesses to manage their
businesses safely, and public concerns that environmental health no longer respond to various
issues. Improvements can only be achieved through recruitment to vacant posts and additional
funding. 
4.2 The team worked hard in 2023/24 to deliver service priorities, as well as responding to high levels  
of unplanned work, and carrying out a service review 
5.0   IMPLICATIONS 
5.1 Policy – consistent with Council policies for protecting public heathy, better regulation and safer
communities
5.2 Financial – Service operating within budget
5.3 Legal – statutory service under the Building (Scotland) Act 2003 and associated legislation.
5.4 HR – there are significant recruitment issues affecting the service at a local and national context. 
5.5 Fairer Scotland Duty - the Fairer Scotland Duty, 
5.5.1 Equalities - all activities comply with all Equal Opportunities/Fairer Scotland Duty
policies and obligations.
5.5.2 Socio-economic Duty - all activities have complied with the council’s socio-economic
duty.
5.5.3 Islands – interventions have been delivered across the Argyll and Bute area, including
island communities.
5.6 Climate Change – work of service supports climate change and net zero 
5.7 Risk – Council is not meeting its full range of Regulatory Services statutory duties and is

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managed in a risk-based targeted, proportionate approach. This increases the risk of external
government audits identifying that the services are not fully resourced, reputational damage,
and responding to incidents, rather than prevention
5.8 Customer Service – service seeks to meet the Councils customer standards is a front-facing
regulatory service
5.9 Rights of the Child (UNCRC) – none 
Executive Director with overall responsibility for Development and Economic Growth: 
Kirsty Flanagan 
Policy Leads for Regulatory Services: Councillor Green. 
02/10/2024 
For further information contact: 
Alan Morrison, Regulatory Services and Building Standards Manager alan.morrison@argyll-bute.gov.uk.
Fergus Murray, Head of Development and Economic Growth: fergus.murray@argyll-bute.gov.uk. 
APPENDICES
Appendix 1: Key achievements and service activities
Appendix 2:  Progress report against Regulatory Services Service Plan 2023-25

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Appendix 1: Key achievements and service activities

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Appendix 2:  Progress report against Regulatory Services Service Plan 2023-25   
Priority Progress report August 2024 Status
1 General management 
Continue general review of approach to work to improve
effectiveness and efficiency (redesign). Including: 
Positive progress being made to deliver this outcome 
Service Management: To recruit an Environmental Health
Manager (West) and build a new management team. 
Recruited to Environmental Health Manager (West) post and new management
team working well 
Recruiting to vacant posts Significant issues recruiting qualified EHO’s, not assisted by national shortage (3
EHO vacancies with one since April 2023) 
Workforce planning: Continued focus on workforce
planning and how to recruit, retain and develop our own
workforce to combat the national shortage of
environmental health and other regulatory professional
staff. 
Introduced new career pathway to Environmental Health Officer to reflect national
shortage of Environmental Health Officers through recruitment of suitable qualified
candidates to Regulatory Services Officer post and career development to EHO.
Presently 2 new employees employed in this route. Continued resourcing and
recruitment issues. 
Good evidence of “growing our own” in all posts, with exception of EHO 
Service redesign. Complete the redesign of regulatory
services to provide a service reflecting available
resources, support succession planning, workforce
development; demand management, and appropriate to
meet future challenges
Service redesign complete and Implementation Plan in place. Revised structure in
place as of 12 August 2024 
Performance: Review and develop improved methods of
monitoring performance across all areas of work as part
of the development of the performance framework, linked
to resources;
Performance review ongoing but model agreed to review and prioritise workload
across the service 
Supporting Procedures: Clear & consistent work
procedures to improve efficiency and avoid duplication of
effort;
Revised procedures to be taken forward in 24/25 as part of new arrangements,
post service review 
ICT & Business Support: Continual improvement in use of
digital technology to reduce administrative burdens and
free up officer resources (e.g. MS365; 
remote inspections will reduce travelling etc) through
better use of digital technology. Specific projects include
the migration of electronic document management
system, better use of MS365, continued transfer from
paper-based or site-specific files to electronic documents; 
Electronic Document Management program and transition of MS365 ongoing.
Linked to office rationalisation, data cleansing work ongoing. Introduced new
Enterprise system to support officers manage their workloads more effectively.

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Officer Development: build capacity by improving learning
and development process for officers; and the successful
training of graduate environmental health officers and
authorised food safety officers 
New career conversation process introduced to support professional and personal
development across Regulatory Services. Recruitment difficulties in recruiting
graduate EHO/Food Safety Officer but to be pursued in 24/25 
Outcomes: Continue to demonstrate benefits and improve
profile of work undertaken with greater use of
opportunities of case management system reporting. 
Ongoing but outcomes not yet achieved due to delays in EDMS project 
Savings & Income: Increase income & identify further
commercial opportunities and savings as part of Councils
financial strategy 
Post EU Exit, there has been a significant reduction in Export Health Certificate
work, and income, because of businesses changing their operating models.
Shortfall of £100K annually.  Benchmarking of fee and charges planned for 24/25
as part of budget process 
Where resource permits, work with other Council teams
and external housing organisations/partners (e.g. Under
One Roof, Shelter, Building Standards, Housing etc) to
provide opportunities to engage with homeowners and
landlords on housing standards and signpost to available
support    
Lack of resource to develop this but this matter is incorporated within the Councils
Housing Emergency Action Plan 
2 Health & Safety at Work Enforcement   
To develop and deliver our Health and Safety Law
Enforcement Workplan 2023-25. 
Health and Safety Law Enforcement Plan 23-25 approved by PPSL Committee on
23/09/2023 meets the requirements of LAC67/2 (rev 12), tailored around our
available resource. Work in progress to develop the plan 
To devise and deliver a programme of health and safety
interventions based upon Local Authority Circular
(LAC67/2) (rev12), and the list of national priorities
published by the HSE.  The programme shall consist of
work to deliver those national priorities set by HSE, work
to deliver local priorities and an inspection programme
that meets the requirements of the National Local
Authority Enforcement Code. All pro-active health and
safety work is targeted in accordance with the HSE
priorities or where local intelligence identifies any health
and safety related issue.   
Certain work-related incidents are reportable under the Reporting of Incidents,
Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). Reports are
screened according to approved criteria and those occasioning serious harm or
indicating a significant breach of duty are selected for investigation. In 2023-2024
there were 23 reports received, of which 5 were selected for investigation. 
To resource and provide an effective response to serious
work-related incidents, including, where necessary,
preparing and submitting reports to the Crown Office
Procurator Fiscal Service
Work-related deaths are also investigated by Police Scotland, and our inspectors
work closely with the Police and the Crown Office from the outset in these cases.
One report was submitted to the COPFS in the period to date, relating to a
workplace transport incident. The outcome of that report is not yet known.
Incidents currently under investigation include: a fatality at a leisure centre; and a

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fatality involving an off-road vehicle. 
To provide appropriate advice and information to
employers and other duty-holders on securing the health,
safety, and welfare at work of their employees and the
health and safety of other persons affected by the conduct
of their undertakings. 
Advice on health and safety at work is provided on the Council’s website.2 b)
Inspectors respond to requests for advice from employers and other duty-holders.
c) On 17th August 2019, 24-year-old Kieran Cowan died after the unsafe boat
hired to him capsized in previously forecast strong winds and high waves on Loch
Awe. In January 2023, Clifford Davies and Janet Lightbown, the partners in Loch
Awe Boats, were jointly fined £10,000 when they pled guilty to a breach of section
3(1) of the 1974 Act resulting in the death of Mr Cowan.3 The investigation by
Argyll and Bute Council found that customers had been exposed to risks through
hiring out a boat which failed to comply with the stability and safety requirements
of the Hire Boat Code. Because of this incident, health and safety inspectors have
been scrutinising safety documents and procedures submitted with boat hire
licence applications and providing advice to the Licensing team to improve the
protection of boat-hirers, most of whom will be unfamiliar with boats. Particular
attention is being paid to the suitability and use of personal flotation devices
provided to members of the public. 
To maintain the competence of the appointed health and
safety inspectors to identify and intervene on matters of
evident concern when undertaking other regulatory visits
to premises. 
Key projects include: 
• Building safety hazards arising from fragile roofs and
unsafe shop signs; 
• Infection hazards from animal contact in the
commercial leisure sector; 
• Safety of inflatable amusement devices; 
• Gas safety in catering premises; 
• Carbon monoxide from solid fuel catering appliances;
and 
• Legionella control in spa pools in commercial use. 
Regular in-house training is provided to inspectors, and they can attend external
courses and webinars which are appropriate to their duties. An emphasis is put on
the skills required for criminal investigations and reporting to the Crown Office.
Inspectors are expected to deal with matters of evident concern relating to
workplace health and safety when conducting other duties in premises for which
the Council is the enforcing authority. Examples of cases dealt with include: 
a. exposed 415V electrical conductors in linen cupboards in an hotel
exposing employees to the risk of electric shock, burns and
electrocution; 
b.  damaged asbestos pipe lagging in an hotel basement exposing
employees to asbestos fibres;
c. an unguarded industrial fan used to ventilate a shop exposing
members of the public, and particularly children, to the risk of
amputation; 
d. unguarded planetary mixers in a catering premises exposing
workers to the risk of serious personal injury;
e. failure to maintain gas installations in a safe condition in catering
premises, exposing employees to the risk of exposure to carbon
monoxide.
16 improvement notices, 5 immediate prohibition notices, and 2 deferred
prohibition notices were served in the period to August 2024. 1 prohibition and 1
improvement notice remain under appeal to the Employment Tribunal.

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3. Licensing enforcement and administration   
To deliver the licensing scheme for short term let
accommodation. 
hort term let licensing regime is in place, together with STL Policy, which was
revised by Council in September 2023. New team in place to deliver this scheme,
although there have been resourcing issues in recruiting suitable qualified staff to
these roles. Significant challenge to process and determine more than 3020
applications. 
To review the arrangements for maintain a public register
for all licences administered by Regulatory Services and
develop a new suite of on-line public registers for all such
licences 
New in-house Oracle information management system in place to support the STL
regime and to produce the statutory public register which is available via the
website. An initial review of all licences issued by Regulatory Services and public
registers is planned in Q3/4 of 24/25. Public Registers of Licences issued by
Environmental Health and Animal Health are available on the Councils Website. 
To complete the review of all Council licensing functions
with the aim of improving their effectiveness and identify
any efficiencies
Review of licensing functions across Regulatory Services has been
reprogrammed for 25/26, given significant challenges in meeting demand from
STL licensing regime 
4, Private Water Supplies 
Review the charging fees for private water supply related
work. 
Fees and charges to be reviewed in 2024/25 on recruitment of the Principal EHO
post, which has been vacant for 12 months pending outcome of service redesign 
Continue to use a risk-based system approach to the
prioritising of the PWS monitoring and refocusing our risk
assessment programme on regulated /commercial
supplies. 
Risk assessment program has been focussed on regulated/commercial supplies
but progress in delivering the plan has been delayed due to staff absence and
vacancies. One existing part time post has been provided with additional hours
and two new Regulatory Services Officers have been recently appointed, training
is ongoing, and this will improve performance over 24/25 
Deliver the PWS Improvement Action plan which was
developed to address the outcomes of the DWQR
Supervisory visit in 2022
This plan was developed and resulted in an increase to completed risk
assessments from 55 (total up to 2022) to 129 (total to July 2023) this is a
significant increase over the year but was accompanied by a reduction in sampling
work (96% of supplies (500/552 supplies) in 2022, and 58% (449/764 supplies) in
2024. It should also be noted that the total number of supplies also increased in
2023 from 552 to 764 regulated supplies. Positive progress agreed with DWQR,
and plan extended for 24/26 regarding RA activity at expense of sampling. 
The impact of legislative changes in 2017 and statutory
obligations on the Council to monitor and regulate private
water supplies is its area has placed additional workload
and resource requirements on the team. A review of
workload and resources to be completed in 2024 to
identify the resources needed to meet our obligations and
provide a sustainable workforce going forward. 
Additional temporary, sampling post agreed for 2024/5 to progress sampling as
well as enable continued focus on risk assessments, following absences in wider
team. Further review planned for 25/26 to consider routine workload following
additional supplies being identified to cover both long-term lets and an increase in
STL’s notified due to licensing requirements.

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Continue to work in partnership with NHS Highlands
concerning reports of illness with links to PWS. 
Effective arrangements are in place between Council and NHS Highland, through
our Joint Health Protection Plan 24/26 
Advise, educate, and promote the private water supply
grant funding scheme so that supplies are improved to
provider safer drinking water. 
This work is ongoing and continues although uptake has slowed. In 2023/4 25
grant applications were received for carrying out improvements, 9 applications
were approved to go ahead and 6 were paid out. Since 2006 over £2.2m has been
paid for improvement to PWS within Argyll and Bute. 
Review the Council’s PWS Grant Policy to look at the
eligibility criteria for hardship and consider enhanced
funding for supplies that experience prolonged water
scarcity and/or lead contamination
This work has been delayed due to vacant lead officer post. Successful
recruitment was carried out in August 24 and the work will be reprogrammed into
work plan for 24/25 
Complete digitisation of all PWS paper files onto the
environmental health electronic document management
system. Review the existing PWS registers to enable
production of a single Register, and update PWS layers
on GIS to reflect properties served and NGR types
Digitation of PWS files is ongoing as is the review of the public register.
Identification of a suitable scanning company is required and had been anticipated
to take place at some offices that had undergone our modern workspace changes,
but this has not yet occurred 
5 Food Control   
To secure Committee approval for our Food Law
Enforcement Workplan for 2023-2025 and implement
measures to deliver it. 
Food Control Law Enforcement Plan 2023-25 approved by PPSL Committee on
18/10/2023. Work in progress to develop the plan 
Continue to work with Food Standards Scotland on the
review of the approach to Food Control following the
pandemic. The Service is also engaged in an emergent
national Scottish Authorities Food Enforcement Rebuild
(SAFER) project to redesign the approach to Food
Control applying limited resources to maximum effect and
in the longer term to provide assurance in public health
protection, with sufficient and sustainable resources to
deliver the required work. The review may include a novel
approach to publication of inspection information
Scottish Local authorities, including Argyll and Bute Council, continue to work with
Food Standards Scotland to support work on the Scottish Authorities Food
Enforcement Rebuild (SAFER) project. There is no update to provide meantime
and FSS continue to lead this project 
Review demand from export food business for export
health certification and attestations to identify resourcing
requirements and the financial implications from new
business trading models which are focussing on
commercial hubs established post EU Exit. 
Demand for export health certificates has fallen significantly post EU Exit as
businesses have changed their operating models. The larger export companies
are using the benefits from commercial hubs rather than seeking certificate from
each local authority. The impact from Argyll and Bute has been exacerbated by
Loch Fyne Oysters decision to move their smokery process outwith the area. To
illustrate this situation, in 2021/22, Argyll and Bute issued 1470 export health
certificates with total income of £137,817.70. For the same period in 23/24, 433
export health certificates were issued with an income to the Council of £40,639.20

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Food Control – Inspection Priorities 
It must be noted that investigations, or enforcement
action, significant to public health will take priority over the
targets specified below.   
Priority 1: High Risk Food Program 
To undertake Official Control Verification completing
verification of all *Critical Control Points, *Operational
Prerequisite Programmes, *Traceability, *Authenticity and
*Integrity arrangements within all Approved and other
High-Risk Food Business Operators. (Target 95%)   
Priority 1: High Risk Food Program 
We have implemented in a programme of visits to all premises requiring official
controls, and in addition have commenced a programme of high-risk premises
serving the most vulnerable groups. This project started in March 2024 and is
planned to finish September. There was a delay due to loss of some resources
however, posts have been advertised and are in the process of being filled/filled. 
Approved Food
Premises
(Priority 1)
Other High Risk Food Premises
(Vulnerable Group Project and other
intelligence lead inspections
No of high risks
interventions
planned 
49 27
No carried out 39 27 
Priority 2: Mid-range Risk Food Program (Intelligence
Informed) 
To establish based on intelligence an inspection
programme applied to medium risk Food Business
operators which may require a formal intervention and
integrate them into an inspection program to be carried
out by authorised officers of the Council or appointed
contractor. 
Priority 2: Interventions work ongoing but limited due to resourcing, to food
businesses providing to vulnerable groups (schools and residential homes for eth
elderly) work ongoing but limited due to resourcing, to food businesses providing
to vulnerable groups (schools and residential homes for the elderly) 
Priority 3 Mid-Range Food Programme (Assurance
Informed) 
To establish based on representative and randomised
sampling an inspection programme applied to medium
risk Food Business Operators which may require a formal
intervention and to integrate them into an inspection
program to be carried out by authorised officers of the
Council or appointed contractors and which will provide
on the basis of a sample of FBOs an indication of the
state of compliance of all FBOs under the Council’s
jurisdiction. 
Priority 3 - this work has not yet commenced but remains in the programme for
Q4 2024, Q1 2025 
Priority 4: Low Risk & Unrated Food Business
Operators (Intelligence Driven) 
Ensure that all low risk and unrated or new food hygiene
premises are allocated with an appropriate risk and
intervention
Priority 4 - This work remains ongoing; procedures have been agreed for desktop
assessments as appropriate and to amend administrative processes to enable
more efficient processing of registration forms. This process we allow officers to
target interventions as necessary more effectively. There remains approx. 500
unrated FLRS premises, distributed equally over the last 5 years the project to
reduce this number had reduced the historic ones but resource issues have meant
recent numbers have increased.

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Continue to engage with partners in Scottish Government
and Industry to ensure EH Service is structured and
financed to best facilitate the needs of the export market
and appropriate arrangements are in place for imported
food. 
Ongoing, including participating in a Scottish wide time recording exercise for food
control, discussions on the SAFER project, chairing the OCV Working Group,   
Deliver a Food Sampling plan focussed upon the Official
verification of High Risk FBOs
Food sampling plan commenced in 2023 and continues into 2024. We also
participation in the national FSS priority sampling topics. Samples that highlight
results indicating non-compliance issues are followed up with the originating
business with actions taken as appropriate. 
6 General Public Health Protection   
Implement and deliver the priorities defined in the Joint
Health Protection Plan 23/25, working in conjunction with
other partners and through our statutory work
Health Protection Plan was approved by Argyll and Bute Council on the 19 April
2023. Plan also approved by Highland Council and NHS Highland 
Assess the adequacy of public health controls at airports
and ports across Argyll and Bute   
Review of port and airport health arrangements delayed due to vacancy. Review
to be progress in 24/25 
Review the Councils temporary mortuary arrangements in
Tiree to identify whether there is a continued need to
provide this facility 
Review of temporary mortuary facilities in Tiree to be undertaken in 24/25 
Review and update of all risk assessments in regard of
Blue Green Algae (BGA) affected water bodies and
update as appropriate. Review of effectiveness of the
2022 project that used semi-permanent signage as a
route to inform the public more widely of issues relating to
BGA   
Review of blue-green algae arrangements delayed pending national review of
standards. Work to be progressed early 2025 but operational response in place to
respond to any blue-green algae incidents, and semi-permanent signage in place
at high-risk lochs across Argyll and Bute. All signage for 2024 reviewed and
replaced as necessary and notifications recorded for risk assessment, with
additional temporary signage provided as appropriate. 
7 Environmental Protection 
Local Air Quality Management: Continue to monitor and
review nitrogen dioxide levels at locations where
members of the public might be regularly exposed and
where there is the potential for poor air quality because of
traffic emissions   
Prepare and submit the Annual Progress Report to the
Scottish Government 
Local Air Quality progress report submitted to Scottish Government in June 2024
and concluded that air quality in Argyll and Bute remains good.

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Establish a strategic approach to LAQM Strategic AQR Group to be convened late 2024 
Respond to concerns and enquiries regarding local air
quality impacts 
Arrangements in place to highlight local air quality issues relating to planning
applications. 
Review Air Quality impact reports submitted to support
planning applications 
Continue to highlight potential air quality impact within Planning and Development
control 
Participate in National initiatives to improve air quality Ongoing 
Land Contamination   
a) Continue to liaise within Development Management to
ensure land contamination issues are appropriately
considered. 
Ongoing liaison with development management colleagues and weekly planning
lists regularly reviewed 
b) Review weekly planning lists for developments with
potential land contamination issues. 
Site investigation reports are reviewed as part of assessment to determine
whether investigations are adequate to discharge planning conditions. There is
currently a backlog of investigations to assess.  Given the extent of this work, the
Council have had to outsource this work to an external consultant, to meet
demand. This option is unsustainable as the costs are unbudgeted and options
are being considered. 
c) Review land contamination investigation and
assessment reports submitted to support
redevelopment. 
Project ongoing to digitise historic land uses through a Temporary Environmental
Protection Information Officer. Project on target to be completed by 30/10/24 and
funded jointly by environmental health and development management. 
d) Update and improve information on historic land use;
creation of a potentially contaminated land database
(GIS layer)
Ongoing liaison with developers at an early pre-planning application stage 
e) Liaise with developers or their agents regarding
potential land contamination as early in the
development process as possible 
Ongoing liaison between SEPA and Council

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f) Continue to liaise with SEPA regarding water
environment impact and assessment 
Ongoing investigations into a potentially contaminated site within our area. 
a) Respond to concerns and enquiries regarding land 
contamination 
Ongoing 
b) Consider potential land contamination concerns in
terms of formal Part IIA investigation  
Ongoing 
g) Review the Council’s Contaminated Land Strategy Review of contaminated land strategy planned for February 2025 
h) Maintain the Council’s Contaminated Land Register Councils Part IIA register is maintained and there are no properties or sites
currently on the register. 
General Environmental Protection 
Liaise with and support environmental health on issues
such as burning, environmental noise, vibration, dust,
vapours   
a) Measures in place to respond to issues and support teams. 
b) Demand reduction exercise undertaken to review our response to service
enquiry types and free-up resources from this resource-heavy reactive work. 
Total
(1/4/23-
31/3/24)
% responded
to within 20
working days
(target is 75%)
% responded
to and
completed
Number of service
requests received 
2335 73% 99% 
Support Service Management Team on National
environmental issues such as relevant National
consultations and preparation of briefing notes on
National initiatives (e.g. Deposit return scheme) 
Ongoing 
Support Service Management Team on local
environmental issues such as Health Protection, Energy
and Renewables, Pollution incidents  
Ongoing 
Liaise with GSS and SEPA on the investigation and
monitoring of pollution incidents and complaints (e.g.
vapour, fumes, and fuel leaks) 
Ongoing 
8 Short-term let licencing Note: There are considerable challenges in assessing more than 3200
applications, due to resourcing difficulties and workload. All applications
not determined within 12 months, are deemed granted, and the service is
presently developing its strategy to deal with deemed licences.

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Notwithstanding this, they require formally assessment, but the “deemed”
process allows hosts to continue operating this business. 
a) Deliver and promote the short-term let licensing
scheme across Argyll and Bute Council and
determine all applications for licence 
a) Arrangements in place to deliver the short-term let licensing regime. To date,
there has been 3200 applications received by the Council and 1032 granted 
b) Review and develop procedures and systems relating
to the licensing scheme   
b) Policies and procedures have been reviewed. Formal review of STL Policy
approved by Council in September 2023. 
A  further review is ongoing to reflect changes to legislation and the deemed
grant policy 
c) Effective engagement with hosts, consultee,
stakeholders, and other agencies (e.g. Association of
Scottish Self Caterers, Wild Argyll etc.)   
c) There is ongoing liaison with other agencies and the sector 
d) Support the work of the Council and Loch Lomond
and the Trossachs National Park to consider the need
for Short Term Let Planning Control Areas.
d) All STL applications have been digitised and are available to planning
authorities in assessing the appropriateness or necessity for short term let
planning control areas. 
9 Private landlord registration   
a) To determine applications for renewal or new private
landlord registration applications 
Arrangement in place to determine registrations for renewals or new landlords or
let properties. There are presently 3349 private landlords (that are either
registered or have submitted an application to renew) and 235 new landlord
applications providing just under 5000 properties for let across Argyll and Bute
(some landlord jointly own a property and others have multiple properties) 
b) To provide advice and assistance to landlords
seeking to register, and tenants raising concerns, in
respect of the operation of the scheme and signpost
to additional assistance as appropriate. 
This work is ongoing 
c) Develop a procedure for ensuring complaints
regarding private lets are investigated and actioned
appropriately including the ability to make reports to
the first-tier tribunal and design of a tenant's
information pack/leaflet for circumstances where our
direct intervention is not appropriate
Advice is provided to those who contact the team, signposting to other
departments is also carried out. Delay in tenants' information pack production due
to vacant post.

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d) Investigate unregistered landlords and those with
incomplete registrations to ensure compliance. Take
enforcement action as appropriate against those who
are non-compliant, including refusal of registration
application 
referrals to Housing and Property Chamber. 
The service has been unable to recruit a Registration Assistant for 12 months
despite repeated attempts. As a result, this action has been paused meantime,
unless their intelligence identifies the need for urgent intervention. Tacit approval
of longstanding applications that contain <3 premises has commenced, given
landlords are entitled to let premises unless a decision is made and a suggested
tacit approval at 1 year exists, but has not yet been commenced. These are
marked in our system pending further intelligence 
10 Licensing Standards (Liquor)   
a) To deliver the Argyll and Bute Councils Licensing
Standards Workplan for 23-25 
b) Service plan for 23/24 achieved and 24/25 plan in place   
c) Take appropriate action(s) in response of service
requests and applications for new licences, renewals
and for occasion and extended hours. 
a) This work is inbuilt into the work program for licensing standards officers and
over the year, a total of 112 licensed premises were inspected, 777
applications for occasional and extended licences were considered together
with 1781 service requests responded to 
d) Support the work of Safety Advisory Groups to secure
safe and successful events. 
b) Licensing Standards Officers continue to support events and the work of the
Safety Advisory Groups, for the larger events 
11 Animal Health and Welfare 
a) The proportionate and effectiveness enforcement of
animal health and welfare across Argyll and Bute to
secure compliance. 
This is an inherent part of the animal health and welfare services enforcement
policy 
b) Working with stakeholders, deliver the Councils
Animal Health and Welfare Framework Service Plan
for 23-25 
Animal Health and Welfare Framework Service Plan 23/25 was approved by PPL
Committee on the 20/09/2023 and measures are in place to deliver this, including
liaison with other agencies including Animal Health and Plant Agency. 
c) Continue to maintain an overview of the potential
impact of the proposed new Scottish Veterinary
Service on animal health and welfare services within
local authorities. 
The Scottish Government have confirmed that they will not be progressing with
the Scottish Veterinary Service at this time. 
d) Provide support, through advice and enforcement, to
agricultural industry and wider communities on animal
disease issues, including avian influenza 
Ongoing provision of support and enforcement actions   
e) Review the Councils animal health disease outbreak
plans and arrangements to improve our level of
preparedness.
The review of the Councils animal health disease plan and specific plans is
complete (e.g. avian influenza, blue tongue etc) to align them to the West of
Scotland Regional Resilience animal disease plans.

Page 19

Note: The mobile anthrax incinerator which we provided for our use, and
for other local authorities, has been decommissioned as it has not been
possible to source a gas safety engineer qualified to assess the
incinerator.