Decision details

Members received a report which proposed changes to the Constitution to authorise officers to take action required under the Smoke-free (Private Vehicles) Regulations 2015 and to clarify a provision in relation to Part 1 of the Health and Safety at Work etc Act 1974.

Members expressed concern regarding the safety of officers in approaching people spotted smoking in cars, and in response whilst it was acknowledged that there would be risk assessments and training, it was explained that the role of Environmental Health Officers would be mostly one of educating, raising awareness and following up on complaints.

On the motion of Councillor Morrell, seconded by Councillor Wright, it was

RESOLVED – the following changes to the Constitution be approved:

(i)            Delegated authority be granted to the Deputy Chief Executive (Community Direction) and Environmental Health Manager (Commercial) to authorise qualified Environmental Health and Technical Officers to enforce the provisions of The Smoke-free (Private Vehicles) Regulations 2015;

(ii)           The delegation of functions under ‘relevant statutory provisions’ within the meaning of Part 1 of the Health and Safety at Work etc Act 1974 relating to enforcement duties be reworded to specifically include “All qualified Environmental Health Officers and Technical Officers are appointed as Inspectors under Section 19 of the Act”.