mawillimont

I am pleased to confirm that this afternoon Herefordshire Council's Regulatory Sub Committee met and considered an application from the Golden Galleon in Commercial Road to serve hot food late at night. The case was heard and debated at length. After careful consideration the committee agreed to vary their premises licence to permit the sale of hot food as late as 03:00 and 04:30 on bank holidays. I hope this keeps everyone in the loop and allays any fears that Hereford is resisting such a change. The police will no doubt keep an eye on the situation in the city centre and the Council will of course have to respond to any applications to review this licence should the late night sale lead to public nuisance or crime & disorder. However, let's hope it doesn't come to that and that everyone can enjoy their long awaited hot chips..! Marc Willimont Head of Environmental Health & Development Management Herefordshire Council

As always, an interesting debate. Something that Herefordshire's enforcement officers also wish to resolve and are frustrated by. I've therefore consulted the Markets and Fairs Team who regulate pedlars and chuggers and can comment on their behalf as follows: Roger is correct - Pedlars are issued with licences by the police, governed by an Act dating way back to 1871...! Enforcement lies with the police, although potentially local authorities in some instances. The law is obviously very out-dated now and unclear as to how far and how often pedlars are required to move around. Central government have recently concluded a 2 year review into pedlary. Disappointingly, they are proposing very little in the way of changes to the law, meaning enforcement agencies continue to only have limited powers to deal with any problematic pedlars. Unfortunately, fixed penalty notices are not possible and powers of seizure would only be possible if the goods sold were ‘suspect’ and trading standards intervened. The large numbers of pedlars at the Christmas Lights Switch On Event were checked to ensure they had been licensed by the police. Many were observed moving around, though potential to move was limited when the area was thronged with people. Pedlar numbers in recent years along High Street have been markedly down in comparison to periods before that, and Hereford sees much less pedlar activity than many other town/city centres, with only the weeks before Christmas the only usual time they are seen. Some town/city centres have brought in local legislation through Acts of Parliament where pedlars have been a sizeable problem, but the introduction of a Hereford specific bylaw is a very costly process, to be borne by the taxpayer, and one not currently within our budget. It was therefore hopedthat Central Govt would resolve this as per bullet point 3 above. With regard to Charity Fundraisers (Chuggers), the Council already has some regulation in place through a Site Management Agreement with the PFRA (Public Fundraising Regulatory Association) www.pfra.org.uk who organise the calendar for face to face fundraising across the country. This agreement limits the number of days visits can be made to High Town (max of 3 per week) and ensures no attendance can take place on days where the Council may have issued a street collection licence (Weds/Sat). It also limits the number of personnel that can attend on any one day to no more six. The PFRA has code of conduct on its website which cuggers/fundraisers should adhere to and the public can make representation to the PFRA if they feel any personnel are not complying with that code. Hope this adds to your debate and clears up any unanswered questions. Marc Willimont Head of Development Management & Environmental Health, Economy, Environment & Culture, Economy, Communities & Corporate Directorate, Herefordshire Council, email: mwillimont@herefordshire.gov.uk twitter @Marc_Willimont

Twowheelsgood. If you could either email me the *** enquiry on mwillimont@herefordshire.gov.uk or DM me on twitter at @Marc_Willimont I'll look into this and make sure you get a proper response. Marc

Just so you know the background to the raids on Saturday 8th November: Environmental Health had invited UK Border Agency over to speak to officers in October so that we could have a more joined up approach to cases and share intelligence. On the back of this immigration officers raided two Hereford premises on Saturday, as per the Hereford Times article above. Working with a fire officer from H&W Fire & Rescue Service, immigration officers were supported by a housing environmental health officer. These officers assessed the two premises for compliance with the standards required for ''houses in multiple occupation'. As a consequence fire precaution notices were served and I understand that the Widemarsh flat above 9&9 is no longer used. The council obviously supports the work of the Home Office immigration officers, but particularly seeks to clamp down on rogue landlords who, it seems, exploit this group regardless of the risks this puts upon the occupants and neighbours. I have asked that we continue this joint working and these raids until we are satisfied that Hereford and the County's market towns are free from this. Marc Willimont Head of Environmental Health & Development Management Herefordshire Council

Glad to see there is so much interest in Hereford's air quality. A subject close to my heart, as you'll see below.. Ragwert is correct in that the Daily Mail article refers to a report on an insurance survey on the types of vehicles in these cities and not the phsyical pollution levels measured there. Hereford comes out 7th worst because the types of vehicles here apparently have a higher Grammes/kg emission rate for carbon dioxide than most others it seems. I suspect this is due to the fact that Hereford probably has a higher than usual number of 4x4s and sadly an older car fleet due to the low wage economy we currently suffer. There might be other reasons of course. The pollution levels in Hereford is another matter. An 'Air Quality Management Area' has been declared along the A49 corridor because we constantly exceed the 40u/gm3 target for a pollutant called nitrogen dioxide (NO2) which comes from vehicle exhausts, particularly HGVs. An action plan was therefore released in 2006 and a number of the actions have been carried out, although some still remain outstanding, most notably the action recommending various links of a bypass. If you're interested, 2013's data can be found at https://www.herefordshire.gov.uk/media/7923436/aq_n02_-data_-estimated_-annual_-mean_-2013.pdf The hotspot area can be seen in the map at http://aqma.defra.gov.uk/1aqma/aqma_detail.php?aqma_id=425 The action plan can be found at http://uk-air.defra.gov.uk/assets/documents/no2ten/Local_zone35_Hereford_AQActionplan_1.pdf As you probably know, a second link road to the south of Hereford joining the A49 to the A465 is planned with funding secured - we anticipate a planning application shortly. If approved this should better the air quality at the Asda end of the A49 corridor and the AQ plan models / predicts this. The action plan also scientifically models the air quality to significantly improve if a bypass is completed and therefore crosses the river. However I am definitely not going to enter that debate....... In the meantime Environmental Health will continue to measure pollution levels and keep an eye on the trend. Hope this might help clarify this for you all. Marc Willimont Head of Environmental Health & Planning Herefordshire Council

An interesting read so far and good to see so much public interest. To confirm the Council's solicitor's comment on the 17th, the planning application will be referred to the Council’s Planning Committee for determination. Therefore the current application will be determined by Councillors, at a meeting which is held in public. This is in accordance with our constitution and the statute in which we operate, much of which has been nicely summarised by earlier contributors to this topic. Members of the Planning Committee are quite correct in their assertion that they will reserve their judgement upon this until all matters are presented to them. Please be reassured that this will be through a balanced report drafted and presented by one of our most experienced Principal Planning Officers, Ed Thomas. I for one will be at that committee and will be very interested in the outcome, having worked in this building for some 15 years, with knowledge of just about every single room, loft space and cellar to boot. As with many applications, there are many angles here and the correct balance in debate to reach the final decision will be essential and something I will personally strive for from the committee. If not already done so, I would urge readers to exercise their democratic right and make a representation to this application, whether in support, objection or merely in comment. The consultation period closes on Thursday 25th September. A date for the committee has not yet been set. Marc Willimont Head of Development Management & Environmental Health Herefordshire Council

As you'll have seen, the travellers moved off on a Friday night without any fuss. This followed a meeting on Friday evening when the police, env health and the Chairman of the Lads Club warned them of the problems that might literally kick up when footballers arrive to play their matches over the weekend. Although the Council had already served notice for them to leave by Monday, officers implored them to leave earlier to keep the peace. In fairness, the travellers seem to have taken note on this occasion. We do not know where they moved to, although they are a traveller family well known to us and often return to Hereford. I am making a point to put pressure on to get the wooden fence repaired around the common ASAP, to prevent any re occupation of this high profile site. Hope this keeps all in the picture.

It is the Council's policy that a press release will be issued by Trading Standards about the outcome of these raids, although this will follow the court case. Presuming the case is successful, Trading Sandards will then release the full details of the individuals prosecuted, substances seized, fines / costs awarded and the names of the shops. Felt it was appropriate to confirm that it was our case and where the operation was etc and hope this helps aswer Roger's question. Marc

Yes, the Council's Trading Standards led raids on three Hereford shops looking for illicit tobacco yesterday evening. Police were requested to assist.

For the record, the piece of equipment purchased only cost a couple of hundred pounds I recall. I also do not recall any meetings took place or site visits to buy or test it. Just a simple purchase. That is how we work in environmental health, where resources are slim and getting even slimmer. The equipment paid itself back when used several years back and I am told it helped resolve a problem. The distress call moves birds on, hopefully to a hedge out of the city and people. It is approved for use on protected species by the RSPB. However, the Bulmers hedge is an entirely different situation to those encountered before, as the hedge is so long the birds merely fly up and down it when disturbed rather than away. That is why we have stopped using it, although it was worth trying. That said, it is likely to be used in the future, for starlings or gulls of various species. I must say that I am disappointed with such a barrage of negative comments. Our environmental health department is receiving an astonishingly high number of compliments for Herefordshire from bird lovers and environmentalist countrywide for taking such a balanced and pragmatic approach on this matter. My environmental health officers have recently taken severe cuts in staffing, but despite this have held their heads high and are continuing to work their socks off across the county to keep our restaurants safe, trace outbreaks, keep us safe at work, resolve noise nuisance and maintain the public health of our county in so many unseen ways. They need support, not criticism. By posting this comment I hope to put this to bed... and before anyone asks, as with officer attendance out-of-hours last week, my time posting these comments is for free and hopefully for the benefit of a Hereford residents who rightly want to know what is happening in their neighbourhood. I do not mind challenge as that is healthy, but I shall think twice before posting comments of explanation in the future if the responses are so negative. Marc Willimont Head of Environmental Health & Development Management Twitter @Marc_Willimont

Just so we're all clear on this one, elderly residents in MacMillan Close have been suffering for about 5 weeks now from the Starlings roosting in the 30' hedge at the back of their gardens on Bulmer's boundary. Before they roost at dusk they circle in an ever increasing flock, called a 'murmuration' because of the murmur sound their wings make as they fly overhead. It is a wonderful spectacle to watch, but not so nice if you live under their flight path, so to speak. The residents therefore asked Herefordshire Council to help them. Several years ago when we had a similar case at Judges Close and then Mortimer Road, the Council acquired a megaphone bird scarer with several types of bird calls, one being a starling. We knew they were a protected species, but we contacted the RSPB to see how we could help the MacMillan residents. The RSPB confirmed that the hedge could be cut down by the owners (Heineken) or a bird scarer could also be used. The Council therefore agreed to lend the caller to Bulmers to help the residents, but only on the basis that they would not harm the birds in anyway. I personally viewed it being used for the first time on Thursday night when the BBC were also filming. I was concerned that all that the scarer achieved was moving the flock up and down the hedge until they were becoming stressed. Also, the birds did not relocate. I spoke to Heineken's head office on Friday and a joint decision was made not to repeat this and instead 'sit it out' as the birds should depart in about 2 weeks. Also, Heineken will not cut the hedge now as we are in March when hedges are protected by law to safeguard nesting birds. I suggest we therefore all enjoy this amazing spectacle whilst they remain with us, although I also sympathise whole heartedly with the residents of MacMillan Close. Marc Willimont Head of Environmental Health & Development Management (Planning) Herefordshire Council Twitter: Marc_Willimont