HSE banner

HELA/LACOTS [19-01]

PETROLEUM ENFORCEMENT LIAISON GROUP

MINUTES FROM 18TH PELG MEETING HELD ON 24 MAY 2001

PRESENT

Mr N Hammond
(Chair) HSE LAU
Mr R Tunnicliff
Midlands
Ms M Buchan
(Secretariat) HSE LAU
Ms A Edwards
LACOTS
Mr C Olesen
(Secretariat) HSE LAU
Mr J Hazeldean
HSE TD
Mr P Ingham
North West & CACFOA
Mr T Beckley
COSLA
Mr A Berry
LGA/LACOTS
Mr D Pumford
HSE TD1
Mr I Hillier
Scotland/ITSA
Mr S Quick
LGA
Mr P Thomas
South East (SELCOG)
Mr P Sargent
HSE SPD

Nigel Hammond chaired the meeting as Brian Etheridge was unable to attend.

1 WELCOME AND INTRODUCTION

The Chair welcomed members to the 18th PELG meeting.

1.1 APOLOGIES

Apologies were received from Mr Roger Marris (LGA& Nth.East), Mr Rory Hennessy (AUKOI & BRC), Chris Hunt (UKPIA), Phil Papard (HSE FOD), Peter Bond (Harbour Aut.), Brian Etheridge (HSE-LAU), Phil Monger (PRA).

2 MINUTES OF LAST MEETING

The minutes of the last meeting were accepted without discussion.

3 ACTION POINTS FROM LAST MEETING

The Chair gave an update on progress from the last meeting.

3.1 COLLECTION OF STATISTICAL INFORMATION FROM PLAS

Phil Thomas reported on Wendy Martin's behalf that this matter had been raised at HELA.

This issue would also be discussed at Item 6 on the agenda.

3.2 UPDATE OF PELG DISTRIBUTION LIST

This item had been discharged.

3.3 LEAD AUTHORITY PARTNERSHIP SCHEME (LAPS)

Nigel Hammond reported on progress. A further meeting had been held with LACOTS and work was going forward on a common Home/Lead Authority Principle for petroleum licensing issues, and a small working group would be set up to progress the matter. Wendy Martin had passed on nominations for the working group to LAU. Nigel Hammond agreed to discuss nominations with Alison Edwards and Andy Berry and convene the working group.

Action: LAU

3.4 COMPLAINT RE APEA/IP GUIDANCE

This item had been discharged.

3.5 FUEL CRISIS

This item had been discharged.

3.6 PROGRESS ON CHEMICAL AGENTS DIRECTIVE (CAD)

These items had been discharged. Further discussion on progress would come under Item 4 on the agenda.

3.7 LICENCES AND FEES FOR STORAGE OF PETROLEUM

There was no action under this item. Alison Edwards asked that LAU keep PLAs informed of progress with the Fees Regulations as soon as information was available, in view of this year's delay.

Action: LAU

3.8 REPORT BACK FROM TECHNICAL SUB-COMMITTEE

First two items had been discharged. The issue of notification of demolition of storage tanks to HSE by PLAs was discussed. The meeting agreed that PLAs should pass this information to their ELO who would then forward it to the appropriate inspector. An updated list of ELOs would be sent to PELG members with the minutes of this meeting.

Action: LAU

3.9 STATUS OF REGIONAL GROUPS

This item had been discharged in the letter sent out by the LGA regarding the progress of CAD. The Group felt that this should be sent out in the form of a PETEL to all PLAs and put on the website. Alison Edwards agreed to send a copy of the original letter to LAU.

Action: Alison Edwards, LACOTS LAU

3.10 PETEL WEBSITE

This item had been discharged.

3.11 ENFORCEMENT LIAISON OFFICERS

This item had been discharged. Nigel Hammond said that he would follow it up at the next ELO conference and report back to the next meeting.

Action: Nigel Hammond, LAU

3.12 PRIORITY PLANNING

Nigel Hammond gave an update on the research project by John Wildsmith, University of Cardiff/Wales which should be completed in January 2002.

LAU agreed to send a reminder letter to Chris Hunt re the generic risk assessment for the UKPIA Contractor Safety Scheme.

Action: LAU Chris Hunt

3.13 LIAISON WITH EPA/SEPA

The Group still wished this to be taken up at a strategic level with DETR. Members also agreed that at a practical level, a PETEL should be issued which could use members' individual experiences of local working arrangements with EPA/SEPA to distil best practice guidelines for PLAs.

Action: PELG members LAU

3.14 PETROL TANKER DIRECT DISPENSING

Peter Sargent agreed to clarify the legal aspect with HSE Solicitor with a view to issuing a PETEL. Wider issue of private storage would be dealt with in Phase 3 of Modernising Petroleum Legislation. The discussion paper on this had been placed on the LACOTS website, and comments would be welcomed from all PLAs. Members were asked to bring this to the attention of their regional groups.

Action: Peter Sargent, SPD LAU PELG members

4 MODERNISING PETROL LEGISLATION

The Group agreed that the paper was a useful document and could be used in a number of ways to raise the profile of petroleum enforcement and communicate information to local authorities and licensing authorities of forthcoming changes. It was agreed it should be sent out as an information document by both HELA and LGA. Alison Edwards, Phil Thomas and Moira Buchan agreed to work together to amend the paper for this purpose. It would also be put on the LACOTS website and the LAU website.

Action: Alison Edwards Phil Thomas Moira Buchan

It was also agreed that it should be converted into an information PETEL, and sent out in hard copy to all PLAs

Action: LAU

It was further agreed that when definite information regarding the timescale for implementation of legislation became available through SPD, this information would be sent out to all licensing authorities.

Action: SPD LAU

In view of the proposed changes in legislation, Nigel Hammond informed the Group that LAU were hoping to offer its local authority secondee place to a petroleum licensing officer when it became vacant.

5 COMPETENCE OF PETROLEUM INSPECTORS (S18)

Information was given to the group on the progress of revised S18 Guidance by Alan Plom, LAU. 6 guidance notes have been produced, 4 are revised and 2 are new:

1. Enforcement policy
2. Prioritised planning
3. Requirement to produce a service plan (new)
4. Inter-authority auditing (new)
5 provision of trained and competent inspectorate
6. LAPS

The Group were keen to clarify whether S18 guidance applied to PLAs. Alan ` Plom agreed to take this to HELA and revisit the guidance particularly on the definition of 'local authority'.

Action: Alan Plom, LAU

Moira Buchan informed the group of the National Training Co-ordination Website being set up for local authorities as part of the HELA Training Strategy and agreed to keep PLAs informed.

Action: Moira Buchan, LAU

6 DATA COLLECTION ON PETROLEUM ENFORCEMENT (LAE1s, PROSECUTION DATABASE ETC)

Alan Plom explained progress to date with making information available on LA prosecutions and plans for future development of a database. To meet the HSC's commitment to 'naming and shaming' a list of offenders, offences and penalties for LAs cases heard in 2000/01 is to be published as a supplement to the HELA Annual Report, to be released on 6 September2001. It is also proposed to make this information available on the HSE/LAU/HELA website. LAU are currently inputting manually the details supplied by LAs on approx 400 informations. For 2001/02 cases, it is hoped that LAs will be able to input the required information directly on to a spreadsheet, via the internet, probably on the LAU's closed website.

The group were keen to include information on petroleum enforcement prosecutions and Alan gave a commitment to do this.

A proforma to structure the information was sent with the original request to LAs and this will be copied to PELG members, to allow them to gather this information. This commitment was based on the number of PLA prosecutions being 20-50 per year.

Action: PELG members Alan Plom, LAU

Alan also explained that a separate database was proposed for LAs enforcement notices issued from April 2002, to meet the HSC's commitment to openness. As some 6500 notices are issued by LAs each year, a system is to be devised to enable local authorities to input their own information directly into a database spreadsheet, via the internet. This facility will be developed initially for prosecutions and then notices .

Steve Quick asked why the prosecution and notice database could not be combined. Alan explained that there were significant data quality issues, eg accuracy of defendants details, company names, reason stated for prosecution, etc. Only factual information could be released and HSE's Solicitors were concerned that HSE could be liable for inaccurate information and consequent claims for defamation, even if LAs had provided (and input) the data. The information that enforcing authorities were obliged to publish was being re-considered.

The Group were of the opinion that information on petroleum licensing authorities should be included in the HELA annual report. Alan agreed to raise this matter at the next HELA meeting.

Action: Alan Plom, LAU

7 WEBSITE FOR REGIONAL LIAISON GROUP MINUTES

The Group agreed that the minutes should be published on both the LACOTS website and LAU website. Alison Edwards agreed to take the lead in this.

Action: Alison Edwards LAU

8 REPORT BACK FROM PELG TECH SUB-COMMITTEE

Peter Sargent updated the group on two issues: autogas and liquid methane guidance. It was agreed in future that TSC minutes would be circulated to all PELG members.

Action: Peter Sargent, SPD LAU

9 AOB

There were no items under AOB

10 DATE OF NEXT MEETINGS

11 OCT 2001 AND 15 MAY 2002