Agenda item

Mr R Gough, Leader of the Council; Mrs C Bell, Cabinet Member for Adult Social Care and Public Health; Miss D Morton, Deputy Cabinet Member for Adult Social Care and Public Health; Mr A Scott-Clark, Director of Public Health and Mr B Watts, General Counsel were in attendance for the item.

1.    Mr Watts introduced the report and gave a verbal overview of the Covid-19 local authority enforcement powers possessed by the Council, this included the power to issue: Coronavirus Improvement Notices (CIN); Coronavirus Restriction Notices (CRN) and Coronavirus Immediate Restriction Notices (CIRN). He noted that the enforcement notices extended to and included both individuals and businesses. A timeline of coronavirus enforcement regulation developments was provided. It was acknowledged that enforcement had required a multi-agency response from KCC Trading Standards, Public Health and Kent Police, with coordination through the Kent Resilience Forum enforcement cell.

2.     Mr Watts recognised the future enforcement role of the Council, given the reopening of non-essential retail on 12 April 2021. Members were informed that the relevant powers remained in effect until May and June 2021 respectively. He further confirmed that consideration would be taken to judge whether Cabinet Member key decisions would be taken, during the pre-election period, when related to Covid-19 enforcement powers.

3.    Mrs Bell addressed enforcement developments since the scrutiny of the Broadstairs Christmas Market and Pantiles Market local lockdown direction decisions on 22 January 2021. She confirmed that no further Covid-19 enforcement key decisions had been taken and noted the speed and competency of officer enforcement actions.

4.    Mrs Bell was asked what lessons had been learnt and strengths recognised from the use of enforcement powers during the pandemic. She noted that the pandemic had highlighted the efficiency and flexibility of officers and confirmed that no significant lessons required learning. Mr Watts added, from a governance perspective, that key decision information had improved as a result of the process, the role of Scrutiny in recommending information criteria was acknowledged. It was noted further that many key decisions had been avoided due to effective correspondence with businesses and event operators, which allowed voluntary cancellation rather than authorised enforcement action.

5.    A Member requested reassurance that KCC would take enforcement action against retailers who did not comply with regulations and asked how KCC could help businesses operate safely. Mrs Bell confirmed that appropriate decisions would be taken to reduce the spread of Covid-19, where necessary. Mr Scott-Clark added that risk assessments had been carried out and shared with operators, where vital, to recommend appropriate measures and provide reasonable notice of concerns.

6.    A Member asked whether KCC would continue to have a Covid-19 enforcement role following the predicted end of social restriction on 21 June 2021 and ceasing of relevant regulatory powers. Mr Watts stated that there would be no enforcement once the obligation to enforce concluded and further reassured Members that no enforcement would be carried out beyond the scope of legislation. Mr Gough reaffirmed Mr Watts’ statement on the use of powers and asserted that multi-agency Covid-19 enforcement in Kent had been an overall success. The public were thanked for their discipline and it was noted that the local Covid-19 variant had contributed to the previous rapid spread of the virus to a great extent, rather than public noncompliance.

7.    In response to a question from a Member, Mr Watts confirmed the extent of correspondence between the Council and the operators of the three events closed underHealth Protection (Coronavirus, Restrictions) (England) (No 3) Regulations. He agreed to circulate further information to the Committee regarding the outcomes of each decision.

RESOLVED that the report be noted.