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                                                                           City of Wolverhampton Council

                                                                        Food Service Plan
                                                                                    2021

          wolverhampton.gov.uk
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         2 City of Wolverhampton Council                                wolverhampton.gov.uk
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                                                                                                                            Contents

                     Contents
                    1 Introduction                                  5   6 Service delivery
                                                                          What businesses can
                    2 Summary                                       7     expect from the service             19
                         Service statement                          9     Intervention programme              20
                                                                          Priority areas for intervention
                                                                          and targeted action                 24
                    3 Service aims and objectives
                                                                          Food complaints                     25
                         Service aims                              10
                                                                          Primary and Home Authority
                         Objectives                                10
                                                                          Principle                           26
                         Links to corporate issues                 11
                                                                          Advice to businesses                27
                         Approval and review process               11
                                                                          Sampling                            27
                                                                          Infectious disease control          30
                    4 Key achievements                             12
                                                                          Food safety incidents               30
                                                                          Liaison arrangements                31
                    5 Background information
                         Authority profile                         13
                                                                        7 Resources
                         The means by which
                                                                          Financial allocation                32
                         the service is discharged                 14
                                                                          Staffing allocation                 33
                         Scope of the Food Service                 15
                                                                          Competency                          35
                         Development of the
                         Food Hygiene Service                      16     Staff development                   35
                         Profile of the Food Service
                         – Food hygiene                            17   8 Quality Assessment                  37
                         – Feeding stuffs
                         Regulatory and                                 9 Performance management
                         compliance policy                         18     and review                          38

                                                                        10 Regulatory and
                                                                           Investigatory Powers Act           38

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         4 City of Wolverhampton Council                                wolverhampton.gov.uk
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                                                                                                                           Introduction

                     1
                     Introduction
                     Welcome to the 20th Statutory Food                 The plan has been reviewed in
                     Service Plan for the City of                       accordance with the FSA’s Service
                     Wolverhampton.                                     Planning Guidance for Food Law
                                                                        Enforcement and the guidance
                     The Food Standards Agency (FSA)
                                                                        contained in the Food Law Code of
                     Framework Agreement, which was
                                                                        Practice (England) and Guidance.
                     developed in close partnership with the
                                                                        The FSA also requires the service plan
                     Local Government Association (LGA),
                                                                        be submitted for member approval to
                     requires the annual production of the
                                                                        ensure local transparency and
                     Statutory Food Service Plan. The
                                                                        accountability. All formal actions arising
                     agreement applies to local enforcement
                                                                        from interventions taken under the
                     of all food laws, and incorporates the
                                                                        provisions of the plan will be compliant
                     latest guidance and standards on food
                                                                        with the BRDO Regulators’ Code.
                     law enforcement.

          wolverhampton.gov.uk                                                                           Food Service Plan 2021   5
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   Introduction

                     The plan is not a stand-alone document;            bring forward some visits from 2022/23
                     it is an integral part of the council's            to reduce the overdue inspection
                     service delivery programme. It stands              numbers. The focus will continue to be
                     alongside other service specific plans              on the higher risk businesses detailed in
                     such as the Health and Safety Plan and             the programme.
                     sits within the overall performance
                                                                        In 2018, we launched our consultancy
                     management arrangements for the
                                                                        service Trade with Confidence. The
                     Commercial Regulation group of
                                                                        service allows us to provide bespoke
                     services. All the service plans are aligned
                                                                        support to businesses to help them
                     to the council’s corporate performance
                                                                        achieve a better star rating or with any
                     and financial planning frameworks.
                                                                        other issues or advice that they require.
                     The service is committed to working                We hope to further develop this area
                     towards the inspection and intervention            of work.
                     regime prescribed by the Food
                                                                        Should you have any comments or
                     Standards Agency.
                                                                        views with respect to this plan please
                     The Environmental Health Service has               forward these to the Service Manager;
                     played an integral role in responding to           Emma Caddick, Civic Centre, St.
                     the Covid-19 pandemic. Officers from                Peter’s Square, Wolverhampton,
                     within the service have been redeployed            WV1 1DA
                     to deal with work relating to Covid-19
                     and consequently a signifcant number of
                     food hygiene and standards inspections
                     have not been undertaken. The Food
                     Standards Agency has recognised the
                     pressure on local authorities and have
                     produced a recovery plan, which
                     recognises that there will be a back log
                     of inspections and reduced resources
                     within Environmental Health teams. It is
                     envisaged that the service will meet the
                     requirements of the recovery plan
                     programme this year and will be able to

         6 City of Wolverhampton Council                                                                 wolverhampton.gov.uk
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                                                                                                                                                                                                      Summary

          Service wheel:
          existing services and priority areas

                                                                                                              Prioritisation of
                                                                                                              new businesses for
                                                                                                              interventions based
                                                              w

                                                                                                              on risk. 100% of
                                                           vie

                                                                                                                                              Fo
                                                                                                              premises rated
                                                         re

                                                                                                                                                 o
                                                                                                              category A for

                                                                                                                                                  dS
                                                                            A full range of food hygiene
                                                               ce

                                                                          and standards work as required      hygiene should
                                                             an

                                                                                                                                                    tan
                                                                         by the Food Standards Agency,        be inspected.
                                                         o rm

                                                                                                                                                       dar
                                                                       including inspections, sampling
                                                                      and responding to service
                                                    perf

                                                                                                                                                          ds A
                                                                     requests.                                                Full food hygiene
                                    ency – External

                                                                                                                             and food standards

                                                                                                                                                              gency
                                                                                                                            interventions of
                                                                                                                            approved premises.

                                                                                                                                                                    – External perfo
                                                                                                       Statutory
                                                                                                         Food
                                                                                                        Service              Further develop the
                                                                                                                           Trade with Confidence
                             rds Ag

                                                                                                                          consultancy service
                                                                    A range of advisory work,                             ensuring that businesses
                                                                    to help local businesses                                within and outside of
                            a

                                                                     and residents ensure that

                                                                                                                                                                                    r
                           d

                                                                                                                               the city access the

                                                                                                                                                                                      m
                        tan

                                                                      food manufactured sold and

                                                                                                                                                                                       a
                                                                                                                                 services we

                                                                                                                                                                                        nce
                                                                       consumed in the City of
                      S

                                                                                                                                    offer.
                                                                        Wolverhampton is safe to
                    d

                                                                                                             Develop

                                                                                                                                                                                            r
                  o

                                                                                                                                                                                             e
                                                                          eat and is correctly labelled.
                Fo

                                                                                                             primary authority
                                                                                                             partnerships with                                                                v iew
                                                                                                             businesses building
                                                                                                             on the existing
                                                                                                             partnership with
                                                                                                             Marston's.

                                                                                                                                    Existing services

                                   2
                                                                                                                                    Priority areas of work
                                                                                                                                    to carry out (2021)
                                                                                                                                    Priority areas of work
                                                                                                                                    to develop (2021)

                                   Summary
                                   The Statutory Food Service Plan sets out how the City of Wolverhampton Council will
                                   work over the coming year to ensure, so far as is reasonably practicable, the safety
                                   and quality of food prepared and sold in Wolverhampton is of the highest standard.
                                   The plan meets the requirements laid down by the Food Standards Agency and is
                                   designed to ensure that local people and residents can clearly see what the service
                                   does, how our services are delivered and the resources we have to do this.

          wolverhampton.gov.uk                                                                                                              Food Service Plan 2021                                      7
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   Summary

                     Services Resourced

                                                 Compositional
                                                                                Licensing
                                               and microbiological
                                                                               enforcement
                                                   sampling

                              Food
                                                                                                        Food
                            standards
                                                                                                       hygiene

                     Public health                     The overall budgetary provision
                       relating to                     for the service is anticipated to
                      commercial                              be in the region of                         Infectious
                       businesses                           £2.2 million for 2021.                         disease
                     i.e. drainage,                                                                     investigation
                                                       The services resourced through                    and control
                     nuisance noise,                  this budgetary provision include:
                           etc.

                                     Street scene                                           Trading
                                      regulation                                           Standards
                                                                Health and safety
                                                               including accident
                                                             investigations, stadia
                                                                certification, etc.

                     Monitoring
                     The monitoring of performance against the service plan is detailed in the plan
                     and involves the head of service, service managers and employee groups. In addition,
                     there is external review of performance through the statutory return to the
                     Food Standards Agency.

         8 City of Wolverhampton Council                                                                    wolverhampton.gov.uk
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                                                                                                                              Summary

                     Service Statement
                     Our Service
                     Environmental Health enforces the law through a programme of interventions and
                     investigations in respect of food and other commercial businesses. It provides
                     information and advice to businesses, customers and other consumers. This service
                     is also responsible for health and safety, infectious disease control. The service
                     receives approximately 2,000 requests each year. In addition to dealing with requests
                     and complaints we carry out programmed regulation of shops and businesses in
                     Wolverhampton.

                     OUR GROUP of SERVICES
                     The Commercial Regulation Service is responsible for delivering some of the council’s
                     statutory duties. It combines Environmental Health, Trading Standards, Licensing and
                     Private Sector Housing into a single regulatory service. Our services are responsible
                     for ensuring you are treated fairly and your health and environment are protected.

                     Our council
                     In discharging these duties we strive to contribute to the corporate customer service
                     standards, the council’s core values and community priorities. Our service contributes
                     to the council’s core values in many ways.
                     Our service plans set the highest standards for us to work to. In our dealings with the
                     public and trade we act in accordance with the principles of the Compliance Code
                     ensuring equality and fairness to all combined with honesty, transparency and
                     accountability.
                     The objectives of these services are protecting people and the environment and,
                     through engaging stakeholders and colleagues in other agencies, we build
                     partnerships. By protecting the social, economic and environmental conditions within
                     the city and by minimising nuisance to neighbourhoods and protecting the health of
                     people at work and play our service contributes to the council’s strategic goals of
                     developing strong resilient and healthy communities and a vibrant green city which we
                     can all be proud of.

          wolverhampton.gov.uk                                                Business Services Statutory Food Service Plan 2021   9
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   Service aims and objectives

                     3
                     Service aims and objectives
                     Aims                                                • Support the workings of the Central
                                                                           England Environmental Health
                     Through the effective and efficient use of
                                                                           Partnership, West Midlands Food
                     the resources allocated, to help food
                                                                           Liaison Group, and the Central
                     businesses provide safe food and
                                                                           England Trading Standards
                     ensure that the quality of food prepared
                                                                           Authorities Food Group.
                     and sold in Wolverhampton is of the
                     highest standard.                                   • Maintain appropriate food sampling
                                                                           regimes which comply with relevant
                                                                           statutory provisions and national
                     Objectives                                            guidance.
                     In achieving the aims we will:                      • Investigate reported cases and
                                                                           outbreaks of infectious disease and
                     • Register, approve and licence, as
                                                                           support the work of Public Health
                       appropriate, relevant food premises.
                                                                           England in this respect.
                     • Maintain appropriate food premises
                                                                         • Have regard to enforcement which is
                       intervention programmes which
                                                                           helpful, consistent and proportionate
                       comply with all requirements set out
                                                                           and does not impose unnecessary
                       in legislation.
                                                                           burden, as set out in the Black
                     • Respond to and investigate food                     Country Regulators Operating
                       safety and standards complaints,                    Framework.
                       requests for information made by
                                                                         • Ensure all actions and decisions
                       both business persons and private
                                                                           taken by employees and councillors
                       individuals and complaints of a public
                                                                           are undertaken in an open and
                       health nature, relating to food
                                                                           transparent fashion with due regard
                       premises.
                                                                           to the council's policies on equality.
                     • Make appropriate responses to
                                                                         • Ensure that all investigations leading
                       national food alerts and incidents
                                                                           to legal proceedings are completed in
                       identified by the FSA.
                                                                           accordance with the principles of
                     • Support the BEIS Primary and Home                   natural justice and fairness.
                       Authority Principle.
                                                                         • Ensure appropriate monitoring,
                                                                           reporting and response to the actual
                                                                           implementation and delivery of the
                                                                           agreed service plan.

        10 City of Wolverhampton Council                                                                  wolverhampton.gov.uk
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                                                                                                           Service aims and objectives

                     Links to corporate issues                           Approval and review process
                     In order to achieve continuous service              The service plan is subject to approval
                     improvement and strive for performance              and scrutiny by the director for City
                     capable of achieving a sustainable                  Housing and Environment and the
                     future which reflects the political                  Cabinet Member for City Environment
                     priorities and values of partners within            and Climate Change.
                     Wolverhampton, it is important that the
                                                                         Progress with delivery of the plan is
                     statutory service plan links itself visibly to
                                                                         monitored on a regular basis by The
                     the overall corporate objectives.
                                                                         Commercial Regulation Management
                     Environmental Health produces two                   team.
                     service delivery plans detailing the work
                     of the service. They cover the work of
                     the Food Hygiene and Standards
                     Service and the Health and Safety
                     Service.

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   Key achievements 2018/19

                     4
                     Key achievements for 2021/22
                     • Supporting the set up and management of the food hub, ensuring food safety
                       standards and infection control measures were implemented and maintained.

                     • Development of the Covid compliant scheme

                     • 3435 visits to businesses to review Covid measures and ensure
                       the were Covid compliant

                     • 1500 Covid enquiries dealt with

                     • 414 Food hygiene interventions undertaken

                     • 374 Food standard interventions undertaken

                     • 432 complaints relating to food hygiene and standards dealt with

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                                                                                                                         Background information

                     5
                     Background information
                     Authority profile

                     The City of
                                                                              Black 6.9%            "Other" ethnicity 1.9%
                     Wolverhampton has
                     a population of                                 Asian 18.1%                                   White British

                    263,357
                                                                                                                   64.5%
                                                                                             Ethnic
                                                                                           breakdown
                     (ONS, 2019)                                                              of the
                                                                                           population
                                                                    Mixed 5.1%             (Census, 2011)

                                                                 White Non-British
                                                                           3.5%

                    49.7%                               50.3%
                      male                              female                                          Proportion of
                             Population by gender                                                       residents aged
                                   (ONS, 2020)
                                                                                     72.5%              16-74 in
                                                                                                        employment
                                                                                                        (ONS, 2020)

                                                                                                                 Approximateley
                                                                                                                 31.6% of children
                     Wolverhampton is ranked as                                                                  live in low income
                     the 24th most deprived local                                                                families.
                     authority area in the country.
                                                                                            Children in
                                                                                           Low Income
                                                                                             Families

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   Background information

                     The means by which the service is delivered
                     The political structure of the council is           council’s constitution, budget and plans
                     made up of a Leader, Cabinet, Cabinet               approved by the council.
                     Panels, Scrutiny Panels and
                                                                         The Commercial Regulation Service,
                     committees. The Cabinet is part of the
                                                                         which sits within the City Housing and
                     executive decision making process and
                                                                         Environment group of services, falls
                     is made up of ten councillors and is
                                                                         under the remit of the Cabinet Member
                     chaired by the leader of the council.
                                                                         for City Environment and Climate
                     Each cabinet member has a specific
                                                                         Change along with Waste Services,
                     area of responsibility, a portfolio.
                                                                         Public Realm Services, and
                     Decisions about the day to day running
                                                                         Bereavement Services.
                     of council services are taken by
                     Cabinet within the framework of the

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                                                                                                               Background information

                     Scope of the Food Service                           • Commitment of resources to the
                                                                           Home Authority Principle and Primary
                     The City of Wolverhampton Council’s
                                                                           Authority Partnership,
                     Food Service undertakes:
                                                                         • Commitment to the BEIS Better
                     • Programmed interventions, which
                                                                           Business for All initiative
                       include full or part inspections,
                       microbiological and compositional                 • Response to cases and outbreaks of
                       sampling of food, education and                     actual and suspected food related
                       advisory visits to food businesses                  infectious disease.
                       with respect to food hygiene and
                                                                         • Provision of advice and assistance to
                       food standards.
                                                                           other local authorities and
                     • Operation of the National Food                      enforcement bodies
                       Hygiene Rating Scheme (NFHRS)
                                                                         • Enforcement of the Health Act 2006,
                     • Development and maintenance of an                   Licensing Act 2003 and Gambling
                       ‘alternative enforcement strategy’ for              Act 2005
                       food businesses for both food
                                                                         • Consultee role to planning
                       hygiene and food standards
                                                                           applications.
                     • Responses to food complaints
                     • Response to nuisance complaints                   The service is also responsible for
                       and related issues in connection with             discharging the authority’s functions in
                       food business                                     relation to health and safety at work,
                                                                         infectious disease control, licensing
                     • Response to food alerts, warnings
                                                                         issues and nuisance arising from waste,
                       and other food incidents
                                                                         drainage and noise from food and
                     • Response to, and determination of,                licenced commercial premises.
                       licence applications in relation to
                                                                         Feeding stuffs enforcement is delivered
                       food businesses
                                                                         in partnership with South Staffordshire
                     • Investigation of allegations of                   County Council who are responsible for
                       food fraud                                        undertaking enforcement compliance in
                                                                         this area.
                     • Promotion of food related health
                       matters

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   Background information

                     Development of the Food Hygiene Service

                    In 2021, the Food Service will continue              In 2021, a priority for the service
                    to focus on meeting the inspection and               alongside reducing the number of
                    intervention regime prescribed by the                overdue inspections will be the
                    Food Standards Agency.                               development of the consultancy service,
                                                                         widening the services remit and ensuring
                    The Food Standards Agency have
                                                                         the products on offer meet the needs of
                    recognised the impact that the Covid-19
                                                                         the businesses within the city.
                    pandemic has had on local authorities
                    and has set out a recovery plan, which               Alongside the consultancy service,
                    deviates from the traditional inspection             the focus in 2021 will be on the
                    regime. The expectation for 2021 is that             development of primary authority
                    local authorities will prioritise new                partnerships with businesses.
                    businesses for intervention based on
                                                                         Primary authority is a means for
                    risk, that all establishments rated A for
                                                                         businesses to receive assured and
                    hygiene should be inspected and
                                                                         tailored advice on (amongst other areas)
                    enforcement work should be undertaken
                                                                         meeting environmental health and
                    where premises are of poor standards.
                                                                         trading standards regulations through
                    Businesses will continue to be risk rated            a single point of contact.
                    following an initial inspection. Should
                                                                         The authority have an established
                    they receive a poor food hygiene rating
                                                                         primary authority partnership with
                    and want to amend their rating, they will
                                                                         Marston's PLC. This partnership builds
                    have to pay for a revisit to be
                                                                         on the successful home authority
                    re-rated.
                                                                         partnership which has been in place for
                    Officers will continue to signpost                    a number of years.
                    businesses to any resources and
                    guidance required to ensure they comply
                    with the law, however more detailed help
                    and support will only be available on a
                    cost recovery basis through the ‘Trade
                    with Confidence’ consultancy service.

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                                                                                                                Background information

                     Profile of the Food Service                          Premises Type             Total Number
                     (As of April 2021)                                                             of Premises
                     Enforcement of regulations on food                  Caring establishments                 205
                     standards, safety and hygiene is
                                                                         Distributors & transporters              0
                     primarily the responsibility of local
                     authorities, however the Food Standards             Hotel/guest house                      17
                     Agency (FSA) have responsibility for
                                                                         Importers and exporters                  0
                     food hygiene enforcement in
                     slaughterhouses, cutting premises,                  Manufacturers and packers              41
                     farmed and wild game facilities and
                                                                         Mobile food unit                       60
                     co-located minced meat and meat
                     products premises. Local authorities                Primary producer                         1
                     retain responsibility for food standards
                                                                         Pub/club                              184
                     enforcement within these premises.
                                                                         Restaurant and caterers other         615
                     The food premises profile for
                     Wolverhampton is set out in the table               Schools/college                       107
                     alongside.
                                                                         Small retailer                        600
                     The food premises data base of
                                                                         Supermarket/hypermarket                45
                     Wolverhampton is currently stored within
                     an IT platform called IDOX.                         Take-away                             310
                                                                         Wholesalers                            80
                                                                         Totals                              2265

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   Background information

                     Profile of Food Service –                            Regulatory and compliance policy
                     feeding stuffs
                                                                         This is the overarching compliance
                     The authority has entered into a                    policy document was approved by
                     partnership with Staffordshire County               Cabinet in October 2014. It has regard
                     Council, who have now assumed                       to human rights issues and incorporates
                     responsibility for undertaking                      the principles contained in the
                     enforcement compliance within                       Government’s BIS / BRDO Regulators
                     this area.                                          Code.
                     45 premises undertake the activity                  The Black Country Regulators Operating
                     of production, storage or handling                  Framework, comprising Service Charter,
                     of feed stuff(s) for animals.                       Regulatory & Compliance Policy and
                                                                         Service Standards has now been
                                                                         adopted by all four Black Country
                                                                         authorities.

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                                                                                                               Service delivery

                     6
                     Service delivery
                     What businesses should expect when a member
                     of staff undertakes an inspection
                     Staff undertaking food safety work will:

                     ✔ Identify themselves by name and title, showing proof of ID if required
                       and give contact details when necessary

                     ✔ Be helpful and courteous

                     ✔ Carry out their duties in a fair, equitable and consistent manner in accordance
                       with the council’s enforcement and equal opportunities policies.

                     ✔ Help food businesses in providing safe food for their customers. Discuss
                       and assist in the compliance with legislation, applying a risk based and
                       appropriate approach.

                     ✔ Tailor the intervention to the business’s needs, minimising the cost of compliance
                       by ensuring any action required is proportionate to the risk.

                     ✔ Encourage businesses to seek advice, information and encourage two way
                       communication.

                     ✔ Provide information about the council’s complaints procedures and any
                       official appeals procedures as appropriate.

                     ✔ Issue a report, where non-compliance with the relevant legislation is found.

                     ✔ Advise on future changes in relevant legislation and requirement/obligations
                       on food business.

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   Service delivery

                      Intervention Programmes                            cutting plants etc (where the council
                                                                         does not enforce hygiene legislation)
                      In accordance with the FSA Food Law
                                                                         separate food standards interventions
                      Code of Practice food premises in
                                                                         are arranged.
                      Wolverhampton are subject to an
                      intervention in order to establish that            The adoption of this approach has
                      food related activities carried out within         meant that although all businesses are
                      the premises comply with food law.                 rated for food standards risk under FSA
                                                                         Food Law Code of Practice, the
                      The use of interventions was
                                                                         intervention programme is generally
                      incorporated in UK law through the
                                                                         driven by the frequency of food hygiene
                      requirements made under Retained
                                                                         intervention. The inevitable consequence
                      Regulation 882/2004 Article 10 and
                                                                         is that some food standards
                      further through the FSA Food Law Code
                                                                         interventions will be undertaken slightly
                      of Practice. Interventions are defined as
                                                                         early and some slightly late. In order to
                      activities that are designed to monitor,
                                                                         minimise the effect of this on statistical
                      support and increase food law
                                                                         returns a general rule is followed
                      compliance within a food establishment.
                                                                         whereby if a food standards intervention
                      They include but are not restricted to
                                                                         will be overdue at 31 March if not carried
                      “official controls” and are carried out
                                                                         out at the same time as a food hygiene
                      using a risk based approach, which is
                                                                         intervention, it should be done early
                      set out within the FSA Food Law Code
                                                                         rather than late.
                      of Practice.
                                                                         Serious or significant food standards
                      There are currently two separate
                                                                         breaches will be followed up by
                      inspection programmes relating to food
                                                                         appropriate intervention and when
                      hygiene and food standards, however
                                                                         necessary formal action e.g.
                      for the majority of businesses in
                                                                         prosecution, simple caution etc.
                      Wolverhampton, food standards
                      interventions are normally undertaken at           Both programmes adhere to the
                      the same time as food hygiene                      premises rating schemes contained
                      interventions. This is because, for most           within the statutory Food Law Codes of
                      businesses, the issues of labelling,               Practice produced by the FSA. Using
                      composition and quality are interlinked            the number of premises in each risk
                      with those of the food hygiene and                 band and the associated inspection
                      safety and are therefore dealt with                frequency, it is possible to estimate the
                      during one intervention. However, for              number of inspections due in any given
                      larger manufacturing businesses and                period. The number of revisits is a

        20 City of Wolverhampton Council                                                                  wolverhampton.gov.uk
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                     function of the levels of compliance                It is estimated that an additional
                     identified during an initial visit and any           2 senior/district officers and a
                     enforcement policy decisions.                       compliance officer would be required
                                                                         to achieve full compliance with the Food
                     The intervention programme is central to
                                                                         Standards Agency’s requirements on a
                     food law compliance, and local
                                                                         sustainable basis.
                     authorities must ensure that such a
                     programme is appropriately resourced.
                     The purpose of food hygiene inspections
                     is to find out if food being handled and
                     produced hygienically is safe to eat,
                     and to identify factors which have the
                     potential to cause food poisoning or
                     injury. Failure to adequately resource the
                     food programme would result in some
                     premises not receiving an inspection
                     and operating in a manner which could
                     cause harm to public health.

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                      Food hygiene intervention programme for 2021
                      The table below outlines the visits due Category A premises are the highest risk
                      for 2021. The table also includes those premises. Alternative Enforcement
                      inspections not completed in the        Strategy (AES) premises are the lowest
                      previous years inspection programme     risk premises and are subject to less
                      but does not include all of those       frequent interventions.
                      inspections, which would have
                      traditionally been due this year.

                      Risk rating                 Number of premises       Number of premises
                                                  due in 2021              overdue (2020)
                                                  (as per recovery plan)

                           A                                   4                   0
                           B                                   0                  25
                           C                                   0                  128
                           D                                   0                  140
                       AES (E)                                 0                  208
                       Unrated                               102                  N/A
                      Total                                  106                  501

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                     Food Standards Intervention Programme 2021
                     The table below outlines the visits         one. These should be subject to
                     identified for 2021. The table includes      minimum contact via the AES at least
                     those inspections not completed in the      once every 5 years in accordance with
                     previous years inspection programme,        the FSA Food Code of Practice.
                     but does not include all of the premises,
                                                                 The information in relation to both the
                     which would have been due this year.
                                                                 Food Standards and the Food Hygiene
                     Category A premises are the highest risk    intervention programme forms part of
                     premises. The FSA Food Law Code of          the data submitted to the FSA on an
                     Practice deems that Category C rated        annual basis.
                     premises do not receive an intervention
                     as they are so low risk they do not justify

                     Risk Rating                  Number of Premises       Number of Premises
                                                  Due in 2021              Overdue (2020)

                           A                                   0                     6
                           B                                   0                    344
                       C/AES *                                 0                     22
                       Unrated                               102                     0
                     Total                                   102                    372

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                      Feeding stuffs                                     • Develop the consultancy service
                      Wolverhampton has 45 premises where                  Trade with Confidence - reviewing
                      feed is produced, stored or handled.                 products and areas of work where
                      Priority inspection has been contracted              consultancy services can be offered.
                      to Staffordshire Trading Standards,                • To provide suitable, relevant and
                      whom target higher risk premises and                 informative guidance to businesses to
                      those generating complaints, on average              assist their compliance with food
                      premises receive a 3 year inspection.                labelling legislation, including allergen
                      Priority areas for intervention                      legislation.
                      and targeted activities                            • To ensure a satisfactory level of
                      Identified enforcement priorities for                 compliance with food standards
                      further development for 2021 are set                 issues in manufacturers and
                      out below:                                           processors.

                      • To prioritise new businesses for                 • To implement new legislation, codes
                        intervention based on risk and                     of practice and service policy and
                        inspect all establishments rated A                 procedures as required by law and
                        for hygiene.                                       when requiring update.

                      • Once all due inspections are
                        completed carry out food hygiene
                        and standards inspections on the
                        next priority inspections set by the
                        Food Standards Agency bringing
                        forward the food programme
                        for 2022
                      • To carry out full food hygiene and
                        food standards interventions of
                        approved premises and other
                        manufacturers that fall due within
                        the year.
                      • To develop primary authority
                        partnerships with businesses in
                        the area.

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                     Food complaints                                     The service will accept and investigate
                                                                         complaints if one or more of the
                     The service endeavours to adopt a
                                                                         following circumstances are apparent:
                     consistent approach to the receipt and
                     investigation of food complaints, 250 of            • There is ‘prima facie’ evidence of an
                     which are received each year. In general,             offence under the Food Safety Act
                     all food complaints made to the service               1990 or its subordinate regulations
                     will give rise to a detailed consideration            and the nature of the offence gives
                     of the exact circumstances of each case               rise to public health or safety
                     in order to determine whether it would                concerns.
                     be an appropriate use of resources to
                                                                         • The complaint represents a repeat
                     pursue the matter. A range of options is
                                                                           of previous offences by the
                     available:
                                                                           company/trader concerned and the
                     • Advise complainant to pursue directly               circumstances of the case indicate
                       with retailer or manufacturer.                      the case would withstand legal
                                                                           scrutiny.
                     • Accept complaint and refer to either
                       ‘home’,‘originating’ authority and/or             In addition to food complaints received
                       primary authorities for information               each year, in the region of 576
                       and/or investigation.                             complaints relating to conditions in or
                                                                         around food premises are also received.
                     • Accept and investigate complaint in
                                                                         These complaints range from allegations
                       liaison with ‘home’ ‘originating and/
                                                                         of poor hygiene to major defects with
                       or ‘primary’ authorities with a view to
                                                                         drainage systems or rodent infestations
                       further action.
                                                                         etc. The vast majority of these
                     All complaints will be dealt with in                complaints are investigated by a visit
                     accordance with the Food Complaints                 from an officer.
                     Policy and Procedure.
                                                                         The maximum response time for
                     All complainants are advised at the                 complaints is 10 working days; however,
                     earliest opportunity of the course of               these are driven by levels of associated
                     action the council intends to take.                 risk and prioritised as such.
                     The vast majority of complaints fall into
                     the second of the above categories.

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                      Home Authority and Primary                         administered by the Office for Product
                      Authority principle                                Safety and Standards.
                      Businesses operating in the United                 The council is committed to supporting
                      Kingdom (UK) need to comply with a                 the Home and Primary Authority scheme
                      wide range of legislation. Local                   in respect of both proactive and reactive
                      authorities, which are responsible for             food safety issues. The service has an
                      enforcing most legislation, help                   established primary authority partnership
                      businesses to comply by providing                  with Marston's PLC focusing primarily
                      advice, guidance and information.                  on food hygiene and food standards
                      Businesses usually build up a                      work.
                      relationship with, and receive advice and
                                                                         In maintaining our home authority
                      information from, one local authority that
                                                                         partnerships, officers from the service
                      is usually based where the business is.
                                                                         will:
                      For trading standards and food safety
                                                                         • respond to enquiries from other local
                      matters, the local government has
                                                                           authorities about, or concerning, the
                      developed a scheme where that
                                                                           business or its operations or
                      authority, known as the home authority,
                                                                           procedures
                      is the local authority at the location of
                      the business' decision-making base.                • act on behalf of other local authorities
                      The Home Authority Principle is a                    as the primary regulatory link to the
                      scheme to help businesses by providing               business
                      contact points for advice and guidance
                                                                         • provide advice to the companies on
                      in order to maintain high standards of
                                                                           the interpretation of legislation
                      business services, encourage fair trade
                      and develop a consistent approach to               • provide assistance to enforcing
                      enforcement.                                         authorities in the conduct of
                                                                           investigations and encourage the
                      As part of the government’s Better
                                                                           businesses to offer reasonable
                      Regulation agenda, the Regulatory
                                                                           assistance.
                      Enforcement and Sanctions Act 2008
                      has paved the way for an extension of              The authority will have regard to the
                      the Home Authority scheme. The new                 Primary Authority Partnership Scheme
                      scheme is known as primary authority.              and associated official guidance when
                      Effectively, primary authority gives               considering formal legal action.
                      statutory backing to the home authority
                      scheme and provides a series of
                      additional benefits. It is currently

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                     Advice to businesses                                Sampling
                     In order to compliment and enhance its              The services carries out food sampling
                     enforcement functions, the service                  on both a reactive and proactive basis.
                     provides advice and information to
                                                                         Reactive sampling, for either
                     businesses with the aim of assisting
                                                                         microbiological examination or
                     them to comply with their statutory
                                                                         compositional analysis takes the
                     obligations. Businesses will be
                                                                         following forms:
                     signposted to information and nationally
                     approved guidance, which will help                  • Sampling of foods subject to
                     them comply with legislation.                         complaint
                     Apart from the ‘feedstuff’ related                  • Unplanned sampling carried out
                     premises, advice to business with                     during an inspection
                     implications in relation to feeding stuffs
                                                                         • Un-programmed sampling associated
                     is minimal, because retailers are selling
                                                                           with a food poisoning investigation
                     sealed containers of long shelf life
                     products.                                           • Programmed sampling as determined
                                                                           by national and regional surveys
                                                                         Two sampling programmes are
                                                                         operated, one for microbiological
                                                                         examination and one for compositional
                                                                         analysis. These concentrate on
                                                                         businesses that will positively benefit
                                                                         from the taking of samples and the
                                                                         results and advice officers can offer to
                                                                         the business operator.

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                      Microbiological sampling programme                 Compositional sampling programme
                      The microbiological sampling                       The compositional sampling programme
                      programme focuses on assisting food                consists of samples being subject to
                      businesses to provide safe food to their
                                                                         • Presence/absence of certain
                      customers.
                                                                           constituents
                      Each sample is subject to 6 standard
                                                                         • Whether food has been subject
                      determinations:
                                                                           to certain processes
                      • Aerobic Colony Count ( ACC)
                                                                         • Compliance with labelling
                      • Enterobacteriacae                                  requirements
                      • E.coli                                           • Composition of food, e.g. alcohol
                                                                           substitution, % lean meat, over-use
                      • Salmonella
                                                                           of food colourings
                      • Staphlococcus aureas
                                                                         The compositional programme
                      • Listeria                                         incorporates both national and local
                                                                         surveys. The service will participate in
                      Each sample result is interpreted in
                                                                         such surveys subject to available
                      accordance with the most recently
                                                                         resources.
                      published guidelines from the Health
                      Protection Agency (HPA).                           Sampling and surveys are based on the
                                                                         Home Authority Principle and target
                      The microbiological sampling
                                                                         manufacturing businesses, new and
                      programme incorporates both national
                                                                         existing. Premises having unsatisfactory
                      surveys and those organised at a local
                                                                         results will be subject to follow-up formal
                      level through the West Midlands Food
                                                                         sampling.
                      Liaison Group.

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                     Water Sampling                                      Feeding stuffs sampling
                     There is only one commercial private                The authority has entered into a
                     water supply in Wolverhampton. In order             partnership with Staffordshire County
                     to ensure compliance with the relevant              Council, who have now assumed
                     regulations the service ensures that                responsibility for undertaking
                     samples of water from all private water             enforcement compliance within
                     supplies are taken and results analysed.            this area.

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                      Infectious disease control                         Under the Public Health (Control of
                                                                         Disease) Act 1984 and associated
                      In conjunction with Public Health
                                                                         regulations, duly authorised officers are
                      England (PHE), City of Wolverhampton
                                                                         provided with wider, more flexible
                      Council investigates cases of actual or
                                                                         powers to deal with food related
                      suspected food poisoning and food
                                                                         incidents or emergencies where
                      borne infectious disease. The response
                                                                         infection or contamination presents, or
                      is determined by:
                                                                         could present a risk to human health.
                      • The nature of the (suspected) illness            It also places a duty on GP's to notify
                                                                         the proper officer of the council of food
                      • The number of cases
                                                                         poisoning cases.
                      • The nature of the employment of
                                                                         Food safety incidents
                        affected individuals
                                                                         All formal food alert warnings are
                      • The previous record of implicated
                                                                         investigated in line with the local
                        food businesses
                                                                         interpretation of the recommended
                      Approximately 155 individual cases are             approach attached to each warning.
                      notified to the service every year, a               The authority receives notification of
                      number of these may constitute                     each warning through the Food
                      outbreaks, where a number of cases are             Standards Agency (FSA).
                      associated with the source of the food
                      poisoning.
                      In all cases implicating known food
                      hazards the standards contained in the
                      document ‘Food Handlers - Fitness to
                      Work’ are observed.

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                     Liaison arrangements                                Officers from the service also meet and
                                                                         liaise with the following organisations:
                     The City of Wolverhampton Council is
                     committed to open, transparent and                  • The West Midlands Food Liaison
                     proportionate enforcement which is                    Group
                     consistent with government advice,
                                                                         • Central England Trading Standards
                     guidance and national and regional
                                                                           Authorities Group (CEnTSA) - Quality
                     interpretation of legislative requirements.
                                                                           Standards Sub Group
                     In addressing this the importance of
                                                                         • Public Health
                     collaboration and consultation locally
                     and nationally is recognised. Regionally            With respect to liaison arrangements
                     there are liaison groups at chief officer            with trade representatives the service
                     (head of service) level in respect of               can organise periodic food focus groups
                     Environmental Health and Trading                    or forums and attend and support local
                     Standards services.                                 trade groups when required.
                     The service will also respond to
                     consultation exercises from the
                     government, the Local Government
                     Association and relevant professional
                     bodies.

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   Resources

                     7
                     Resources
                     Financial allocation                                The services resourced through this
                                                                         budgetary provision are not confined to
                     As with all areas of service the allocation
                                                                         food related matters and include:
                     of resources is undertaken in
                     accordance with the agreed Medium -                 • Food hygiene
                     term Financial Strategy for the council.
                                                                         • Infectious disease investigation
                     Food enforcement work benefits from                    and control
                     the overall senior management resource
                                                                         • Food standards
                     provided through the City Housing and
                     Environment team.                                   • Sampling
                     This area of activity also benefits from             • Health and safety
                     central support services recharged
                                                                         • Public health (relating to commercial
                     through internal service level
                                                                           businesses, i.e. nuisance, noise,
                     agreements.
                                                                           damage, etc)
                     The overall budgetary provision for the
                                                                         • Central support services
                     service is in the region of 2.2 million.
                     A wide range of other non-food related              • Licensing enforcement
                     services are delivered within this
                                                                         • City centre compliance and
                     budgetary provision. Provision for food
                                                                           regulation
                     hygiene and standards is currently in the
                     region of £400,000, but as previously               • Street scene compliance
                     stated is subject to on-going review.
                                                                         • Student training
                                                                         As feeding stuffs enforcement activity is
                                                                         carried out as part of comprehensive
                                                                         Trading Standards duties it is not
                                                                         possible to accurately cost, but it will
                                                                         amount to less than 0.5% of the total
                                                                         budget for Trading Standards.

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                     Staffing allocation                                        A detailed analysis of the proportion of
                                                                               the supervisory and operational time
                     The strategic financial, human and
                                                                               dedicated to food safety is contained in
                     service functions are undertaken
                                                                               the following table, and the structure of
                     through the Commercial Regulation
                                                                               Environmental Health shown below.
                     management team.

                     Post                                                % Food Safety           FTE
                     Head of service (x1)                                5%                      0.05
                     Service Manager                                     50%                     0.5
                     Team Leader                                         60%                     0.6
                     District/senior EHO (8.36)                          65%                     5.33
                     Total full time equivalent (FTE)                                            6.48

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                     The current structural chart for the Environmental Health Service is shown below:

                                                                                Service
                                                                               Manager
                                                                             Environmental
                                                                            Health and Covid
                                                                               Business
                                                                                Support
                                                                                   GR09

                                                                             Service Lead                  Environmental
                                                                            Covid Business                  Health Team
                                                                               Support                        Leader
                                                                               GR07 8                       Commercial
                                                                              12 month FTC                     GR08

                Senior Officer              Senior Officer              Senior                 Trading       Senior Officer
                  Permitts                 Safety/Food            Environmental             Standards       GR07 x 6.1
                   GR07 x 1                 GR07 x 2.5            Health Officer               Officer
                                                                  Covid Business          Covid Business
                                                                     Support                 Support
                                                                    GR07 x 3                  GR07
                                                                    12 month FTC           12 month FTC

                                                                                                            Compliance
                                                                                                              Officer
                                                                                                            GR05 x 0.6

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                     Competency                                          Staff development
                     The service operates a strict regime of             As part of the council's aim to provide
                     supervision and assessment prior to the             services efficiently and effectively, an
                     delegation of responsibility to officers,            annual appraisal will take place with
                     which is in accordance with the relevant            officers. As part of the appraisal process
                     FSA Food Law Code of Practice.                      officers development needs will be
                                                                         examined to ensure they are trained to a
                     The team leader and senior officer
                                                                         level of competence appropriate to their
                     posts, would normally be individuals
                                                                         work. The Food Law Code of Practice
                     with full delegated powers under the
                                                                         requires all officers involved in
                     various statutes within the service’s
                                                                         undertaking official controls to obtain a
                     sphere of responsibility.
                                                                         minimum of 20 hours CPD per year.
                     The Food Law Code of Practice requires              10 of which must be on core food
                     that authorised officers demonstrate that            matters directly related to the delivery of
                     that they are competent to carry out                official controls. There are different ways
                     their functions prior to being authorised.          officers will obtain this training. These
                     Officers are therefore required to                   include:
                     complete a competency assessment
                                                                         • Internal and external training
                     with the team leader within 3 months of
                                                                           courses/events
                     commencing their role. This assessment
                     should be reviewed at least annually or             • Cascade training delivered by officers
                     when restricted activities are reassessed             who themselves have attended
                                                                           training
                     Officers with less than six months post
                     qualification experience are subject to              • Individual interviews
                     regular checking, monitoring and
                                                                         • Divisional meetings and briefings –
                     accompanied visits in accordance with
                                                                           used to disseminate information, etc.
                     the FSA Food Law Code of Practice and
                     partake in regular intervention reflections          • Attendance at ad hoc working groups
                     with other officers.
                                                                         • "On the Job" training – as part of the
                     All officers are subject to one formal                 delegation process
                     monitoring visit per year.

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                     • Self-training – suitable journals and             The service will ensure staff participate in
                       up to date information are provided               any regional food standardisation
                                                                         exercise and in any organised in-house.
                     • Establishment of trainee/student
                                                                         There will also be opportunities for
                       placements
                                                                         members of the division to attend one-
                     • Placement with other services or                  off seminars on topical issues arising
                       teams for training purposes and                   during the year. Staff attending these
                       special projects                                  seminars are required to present a
                                                                         feedback session at the next available
                                                                         service meeting where it is deemed
                                                                         appropriate.

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                                                                                    Quality assessment

                     8
                     Quality assessment
                     Various monitoring techniques are used
                     in order to assess officer performance
                     against set criteria, including the FSA
                     ‘Standard’, and all other external
                     standards established by various codes
                     of practice.
                     For example:
                     • Internal audit
                     • Accompanied visits
                     • West Midlands Food Liaison Group
                     • Inspection monitoring
                     • Correspondence checking/file review
                     • Standardisation exercises
                     • FSA audit
                     An annual review of requirements set out
                     in the ‘Standard’ shall also form part of
                     the Service Work Programme.

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   Performance management and review | Regulatory and Invesigatory Powers Act

                     9
                     Performance management and review
                     All areas of council service are subject                   manager, team leaders officers and
                     to service planning and performance                        employee groups.
                     measurement and review. This is
                                                                                In addition, there is external review
                     managed through service plans,
                                                                                of performance through the audit
                     corporate strategies and financial
                                                                                commission, External Audit and
                     planning, etc.
                                                                                statutory returns such as those to the
                     Performance against performance                            Food Standards Agency (FSA).
                     indicators is subject to regular reviews
                                                                                Any areas for improvement identified as
                     reported to the director for City Housing
                                                                                requiring action will be detailed as part
                     and Environment. Similarly, there is on-
                                                                                of the review process. These will be
                     going monitoring of the deployment of
                                                                                addressed by the Commercial
                     financial resources against budgetary
                                                                                Regulation Management Team as part
                     provision, again reviewed on a monthly
                                                                                of the review process and action taken
                     basis.
                                                                                shall range from immediate action to
                     The monitoring of performance against                      inclusion in the service plan for future
                     service plans has been discussed earlier                   years.
                     in this document; it involves service
                     directors, head of service, service

                     10
                     Regulatory and Investigatory Powers Act
                     The service has fully implemented the
                     requirements for the authorisation of
                     officers and surveillance in the required
                     circumstances.

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