Agenda item

Sean Murphy gave a presentation on local health protection powers that had been recently introduced at short notice.

He explained that the Regulations gave local authorities powers to:

·         Restrict access to, or close, individual premises

·         Prohibit certain events from taking place

·         Restrict access to, or close, public outdoor places

He highlighted that some local authorities were taking action to close some outdoor spaces over the bank holiday weekend where they are expecting gatherings to take place.

He outlined three tests that must be passed before enacting the new powers:

1.    That there would be a public health risk from COVID-19

2.    That the use of the powers by the local authority would address the risk

3.    That the use of the powers would be proportionate

He explained that local authorities must:

·         Gather evidence to demonstrate that these test have been met.

·         Consult with the Director of Public Health and Police.

·         Carry out an equalities impact assessment, and ensure that the public has access to essential services.

·         Communicate the reasons for any action to the Secretary of State, the persons to whom the direction applies and, where appropriate to the those affected by the direction.

He summarised powers in relation to individual premises, which included closure, restricting entry, and restricting the location of persons within the premises. However, he stated that essential infrastructure could not be closed (e.g. food manufacturing, transport hubs, or large supermarkets).

He described powers in relation to events where numbers of people expected would make it unsafe due to COVID-19 transmission, and highlighted the need for risk assessments for events that were not previously assessed. He indicated that directions affected the owner / occupier / organiser of the event rather than attendees.

For public open spaces, he explained that closures could apply where an event is planned or where past experience shows that large numbers of people are likely. Where a space was closes, people would not be allowed to enter without a reasonable excuse.

He stated that enforcement was carried out by Public Protection Officers, Police Officers and PCSOs. He highlighted the need for the Council to advertise the extent of the restrictions and explained the enforcement procedures, and the relevant penalties and appeals processes.

Councillor Graham Bridgman noted the amount of work undertaken by the Public Protection Partnership and Public Health to permit the Medicine Festival at Wasing to proceed. He indicated that that power to stop events was being used to engage event organisers and ensure that events are COVID safe.

Sean Murphy agreed that it was time-consuming and that even smaller events were now being assessed. He indicated that there was a balance between supporting the economy and managing public health risks and that events can be complicated and time-consuming to work through, but he considered that a balance could be achieved. He acknowledged that this would be a major part of work programmes for the foreseeable future.

Matthew Pearce explained that the Council did not want to use its powers unless necessary. He agreed that there was a lot of work being done in relation to events and settings (e.g. schools, care homes, workplaces) to review policies and risk assessments, while learning from experience to achieve COVID-secure facilities.

Councillor Steve Masters acknowledged the hard work undertaken by officers and asked if additional resources would be required to meet the additional demand and undertake appropriate enforcement.

Councillor Graham Bridgman stated that the Council was allocating additional resources where necessary to respond to COVID requirements.

Sean Murphy explained that the situation was currently manageable, since work was being done by officers who were previously inspecting food premises and dealing with health and safety enforcement. However, he indicated that Government was pushing for food inspection to recommence. He highlighted that additional funding was available and that the PPP could put in a request to Gold and the Executive in future if required.

Matthew Pearce noted the need for a collective response to comply with Government guidance. He mentioned that community champions could be helpful in identifying issues or concerns that might need further investigation.

Councillor Martha Vickers thanked the services for introducing more normality into people’s lives (e.g. the fair at Northcroft). She suggested that there was a danger of people closing in on themselves, particularly those shielding at home, which could lead to mental health issues. She stressed the need to provide reassurance and balance in messaging.