To present to Cabinet a review of the current Food & Safety Service Plan and the Food & Safety Environment Policy that has been undertaken by the Food & Safety Manager to amend both documents, to include all legislative changes introduced and to ensure both documents actively reflect the work undertaken by the Food & Safety service in 2026 and beyond.

RESOLVED that -

(a)     the Food & Safety Service Plan 2026 – 2027 in the form appended as Appendix A to the Portfolio Holder’s report (A.4) be approved in so far as it relates to executive functions;

(b)     the Food & Safety Enforcement Policy 2026-2028 in the form appended as Appendix B to the Portfolio Holder’s report (A.4) be approved in so far as it relates to executive functions;

(c)     both documents be referred to the Licensing and Registration Committee for consideration of the non-executive functions, which fall within that Committee’s responsibility; and

(d)     subject to the decisions of the Licensing and Registration Committee, the Corporate Director (Operations and Delivery) be authorised to approve amendments or updates as may be required to the Food & Safety Service Plan and Food & Safety Enforcement Policy 2026-2027, and on an annual basis thereafter.

Cabinet considered a report of the Environment & ICT Portfolio Holder (A.4) which presented to Cabinet a review of the current Food & Safety Service Plan and the Food & Safety Enforcement Policy that had been undertaken by the Food & Safety Manager to amend both documents, to include all legislative changes introduced and to ensure both documents actively reflected the work undertaken by the Food & Safety service in 2026 and beyond.

The report’s recommendations sought Cabinet’s approval of both documents, and for them to be published accordingly.

The Food & Safety Service Plan – 2026-2027 (Appendix A)

Members were aware that the Food and Safety Service Plan was an expression of Tendring District Council’s continuing commitment to the provision of Food Hygiene and Safety, Health and Safety, Animal Welfare and other related services.

The Council was designated as a Food Authority under the Food Safety Act 1990.

It was reported that the Food Service Plan had been produced, as it was a requirement of the Food Standards Agency (FSA) in its Framework Agreement on Official Feed and Food Controls by Local Authorities. The FSA was the governing body that oversaw all areas that related to food safety and standards. The Council was working with the FSA to ensure Food Businesses within the District were safe and registered in accordance with the Food Law Code of Practice (FLCOP).

This plan highlighted what the Food Safety service at Tendring District Council would do moving forward in relation to the statutory functions undertaken by the service, and how the Council would deliver Food Safety enforcement in accordance with current guidelines up to and including 2028, and would be reviewed annually in accordance with FSA requirements to include updates of the work completed during the previous year. The document set out the following priorities:

·      Food safety objectives detailing the Council’s responsibilities as set out in legislation, associated statutory code of practice and national Guidelines.

·      The current work programme within the Service.

·      The Council’s policy on food safety, sampling, provision of information to business, investigation of complaints and allegations of Food Poisoning, response to Food Safety Alerts and infectious disease control.

·      Ensure that food and drink intended for sale for human consumption, which is supplied, manufactured, produced, stored, distributed, handled or consumed within Tendring complies with the law, is free from contamination and is without risk to the health of consumers (for people who work, live or visit Tendring District).

·      Be committed to ensuring that satisfactory standards of food hygiene are practised and maintained throughout the district.

·      Undertake an effective and planned programme of quality risk-based food safety inspections of food premises (by qualified and suitably trained officers), to ensure compliance with food law and to minimise risks to health and safety.

·      Take appropriate enforcement action proportional to the risks involved and in accordance with the Council’s Food Safety Enforcement Policy with due regard being given to the Primary Authority Scheme and guidance from relevant external bodies.

·      To monitor foodstuffs manufactured, imported, stored or on display for sale in the Tendring district, through a planned yearly sampling programme which includes imported foods. To carry out reactive sampling for microbiological examination. More detail is held within the food sampling policy and procedure

·      To carry out official sampling of products of animal origin (POAO) as defined in 853/2004, 2073/2005 and other associated food law.

·      Promote good food hygiene and safety by informative updated communication to businesses and consumers in the Tendring District.

The Food & Safety Enforcement Policy – 2026-2028 (Appendix B)

Members were informed that the Enforcement Policy covered the work undertaken by the Food and Safety service (also included were the statutory functions relating to Animal Welfare and Tattooing et al). It covered the delivery of enforcement having regard to the Better Regulation Delivery Office – Regulators Code 2014, and the Enforcement concordat.

Cabinet was aware that the Food and Safety service played a vital role in protecting and supporting the public, the environment, and groups such as residents, workers and businesses in the District of Tendring. It was important that those enforcement functions were carried out in an equitable, practical, and consistent manner, and that both those subject to and beneficiaries of regulation and those on whose behalf enforcement was carried out could understand the approach the Council took.

The Council had a duty to enforce a range of statutory instruments adopting a variety of formal and informal sanctions. This could include anything from advising food businesses about what they needed to do to comply with the law, to prosecuting a householder for animal welfare issues. This placed the Council and its Officers in a position of responsibility to ensure that its approach fitted with national and local policy, codes of practice, and guidance. This was particularly important with regard to the economic challenges facing local government and business.

The policy set out the approach of the Council’s Food and Safety service towards enforcement when dealing with non-compliance. It provided guidance on the full suite of powers available to achieve compliance with the legislation we enforce, and how discretionary powers might be used to regulate and raise standards in various sectors. The document was intended to communicate Tendring District Council’s policy in respect of its approach to those affected by its activities and officers of the Local Authority.

It also set out the principles applied to encourage smarter, risk-based enforcement. The Council was committed to ensuring that its Officers acted in accordance with this policy. It was not in itself a statement of law and did not affect the discretion of the Council to take legal proceedings where this was considered to be in the public interest.

This policy had been written having regard to the principles outlined in the Better Regulation Delivery Office – statutory Regulators Code, the enforcement concordat and current legislation.

Cabinet was made aware that the current plan and policy had been most recently reviewed in October 2023, and both were due for review accordingly. The current review had been more comprehensive due to the new FLCOP, legislative changes for certain activities undertaken by the team, and the formation of the new unitary as part of LGR. The Council had had in place previous food safety service plans and had been compliant with FSA requirements; however, those documents had not previously been presented to Cabinet for approval. Following a review of the approval process it had been decided to present the plan and the enforcement policy to Cabinet.

Indication of the Work Completed by the Service Annually

It was reported that situated within the District were 1,275 food premises, all of which were included within the Council’s proactive inspection programme. The Officer team was supported by a Uniform computer database system which maintained a business database of the District. Those businesses were inspected at different intervals following a risk rating that provided a score. That score would determine the frequency of inspections and would have regard for the type of operation undertaken by the business.

Over the past year the service had inspected and registered 273 new Food Businesses. Year on year the number of new businesses had increased, and this placed further pressures on the team which had limited resources.

In order to implement a Food & Safety Service Plan and a Food & Safety Enforcement Policy to protect public health, ensure legal compliance with food hygiene regulations, and maintain food standards and ensure consistent inspections, risk-based targeting of businesses, and appropriate actions against breaches of food law, ultimately reducing foodborne illnesses and safeguarding consumers:-

It was moved by Councillor Smith, seconded by Councillor Barry and:-

RESOLVED that -

(a)     the Food & Safety Service Plan 2026 – 2027 in the form appended as Appendix A to the Portfolio Holder’s report (A.4) be approved in so far as it relates to executive functions;

(b)     the Food & Safety Enforcement Policy 2026-2028 in the form appended as Appendix B to the Portfolio Holder’s report (A.4) be approved in so far as it relates to executive functions;

(c)     both documents be referred to the Licensing and Registration Committee for consideration of the non-executive functions, which fall within that Committee’s responsibility; and

(d)     subject to the decisions of the Licensing and Registration Committee, the Corporate Director (Operations and Delivery) be authorised to approve amendments or updates as may be required to the Food & Safety Service Plan and Food & Safety Enforcement Policy 2026-2027, and on an annual basis thereafter.