Agenda item

The Committee received an update report on Covert Surveillance, Regulation of Investigatory Powers Act 2000 (RIPA). It was reported that in 2017 there were five authorised applications for covert surveillance. Members noted that the majority of covert surveillance applications currently made by Trading Standards relate to work to counter-illicit tobacco sales, which began in 2015 with the formation of specialist posts in this area. Prior to this most applications were related to under-age sales work. In the intervening three years there had been a move to intelligence-led operations, i.e. responding to complaints. However, for reasons not fully understood, the number of complaints about under-age sales had dramatically reduced and the team had not had the intelligence to support applications for under-age sales work.

Members were advised that these surveillance operations had generated a substantial amount of work which had required follow up actions including, inspections, interviews, premises licence reviews and prosecutions along with inter-agency and inter-authority work. It was noted that work load issues would obviously limit the amount of effective surveillance the team can do. This year this had been compounded by resource issues. It was advised that work generated by the surveillance in January to April was covered by other Trading Services Officers. It was reported that the team were now back to capacity and further surveillance, including a successful operation throughout November and December and the team were about to apply for another authorisation.

Following the introduction of the report, Members were afforded the opportunity to make comments and ask questions which were as follows:-

·         It was highlighted that there had been an number of Licensing meetings scheduled where there were still court cases pending, it was asked why the licencing meetings were being held prior to the court hearing. Members were advised that the Council were restricted because of court timings. Unfortunately in recent cases the Licensing deadlines had been earlier and licensing procedures needed to be followed.

·         In relation to the non-RIPA authorisations, it was asked whether these would be taken into consideration during an inspection and whether there were any lessons to be learnt if not used very often. It was reported that this was the first time this process had been undertaken and it would only be used in exceptional circumstances. As the surveillance was carried out with children liaison with lawyers at the Children’s Trust had been undertaken. Details of how evidence was gathered through covert surveillance was highlighted to members and it was noted that video evidence was considered sufficient for a conviction. It was also noted that at present it was unknown whether the inspector would carry out inspections on non-RIPA cases.

·         It was asked whether it was intended for non-RIPA procedure would become a Council Policy. Members were advised that it would be possible for the existing Policy could be amended to add an additional paragraph regarding non-RIPA applications and could form part of the Annual report update.

·         The Chair wished to point out that it was pleasing to see that all RIPA training had now been completed.

RESOLVED to note that:-

(1)          1 RIPA application had been authorised since the last report in June 2017, details attached at Appendix 1 to the report;

(2)          No RIPA applications had been refused by the Magistrates;

(3)          All those who were required to do on-line RIPA training had done so following the recommendation of the Audit Committee in November, 2016. A refresher internal half day course took place on 20^th July 2017 for those officers regularly involved in covert surveillance; and

(4)          The Council had carried out its first Non-RIPA covert surveillance and a process for this was attached at Appendix 2 of the report.