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HELA/LACOTS [21-01]

PETROLEUM ENFORCEMENT LIAISON GROUP

FROM 20TH PELG MEETING HELD ON 15 May 2002

PRESENT

Ms W Martin
(Chair) HELA/GA
Mr R Tunnicliff
Midlands
Ms Buchan
(Secretariat) HSE LAU
Mr D Pumford
HSE TD
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 P Monger
PRA
Mr P Thomas
South East (SELCOG)
Mr P Sargent
HSE SPD
Mr R Marris
LGA & North East
Mr Chris Hunt
UKPIA
Ms A Edwards
LACORS
Mr S Quick
LGA
Mr R Hennessy
AUKOI & BRC

1. WELCOME, INTRODUCTION AND APOLOGIES

The Chair welcomed members to the 20th PELG meeting. Apologies were received from Richard Foster.

2 MINUTES OF LAST MEETING

The minutes of the last meeting were accepted without discussion.

3 ACTION POINTS FROM LAST MEETING

3.12 PRIORITY PLANNING

Wendy Martin said there was a need to co-ordinate all functions. Moira Buchan said that there was a new LAC which was due for issue very soon on the Priority Planning system for local authorities, and that the National Strategy for e-govt for local government would perhaps provide a longer term solution. It was agreed that this item would be discussed at the next meeting.

Action: LAU

3.13 LIAISON WITH EPA/SEPA

It was agreed that local arrangements worked best because of the varying circumstances in different regions. Meeting agreed that a letter should be drafted from PELG to EPA/SEPA and circulated to PELG members for approval.

Action: LAU
PELG members

3.14 PETROL TANKER DIRECT DISPENSING

Peter Sargent said that HSE Solicitor had advised that this was not legal under current legislation. S12 of CDG would be repealed with the introduction of DSEAR, but this prohibition would be continued. The issue of direct dispensing at car rallies had been raised before, and Peter drew the group's attention to the possibility of applying for an exemption which exists at present.

3.15 MODERNISING PETROL LEGISLATION

Moira Buchan informed the group that the suggested secondment of a PLO to LAU could unfortunately no longer take place due to lack of resources.

3.16 COMPETENCE OF PETROLEUM INSPECTORS (S18)

The position had been clarified and the situation was that S18 only applies to local authorities as defined by the Enforcing Authority Regs, which would not include all PLAs. LAU agreed to issue a PETEL. It was agreed that all PLAs should follow S18 guidance as good practice to ensure consistency. A fundamental review of the EA Regs is taking place and Moira Buchan agreed to feed the information on the inconsistency in application to PLAs into this review.

Action: LAU

3.17 DATA COLLECTION ON PETROLEUM ENFORCEMENT

It was agreed that this item would be discussed at the next meeting.

Action: LAU

3.18 EXPLOSIVES LICENSING

This issue was discussed as Item 5 on the agenda.

3.19 PETELS ON LAU WEBSITE

This item had been discharged.

4 UPDATE ON DSEAR

Peter Sargent said that the consultation period was almost complete. The comments received had highlighted some disagreement over the disapplication of licensing to non-retail storage of petrol, which would need to be resolved. The timescale for Phase 2 would now be 12 - 18 months.

Chris Hunt said that the industry would like licensing conditions to be reviewed in the interim period. Phil Monger agreed with Chris Hunt. It was agreed that this was the province of LACORS and that industry members should liaise with Alison Edwards.

Action: Alison Edwards
Chris Hunt
Phil Monger

5 CO-ORDINATION OF EXPLOSIVES LICENSING ISSUES

Alison Edwards had been involved in extensive discussions with HSE and it had been decided to set up an Explosives Licensing Committee, similar to PELG, which would include representatives from the Local Authority side, HSE and the Explosives industry. SPD will provide the secretariat and the committee will meet first in Aug 2002.

6 FORMAL CAUTIONS

Roger Marris was concerned about the lack of consistency on this issue between HSE and LA's and PLA's, as HSE inspectors do not use formal cautions. It was agreed that this was a policy matter and should be referred to HELA. LAU agreed to find out if formal cautions would be recorded on the Prosecution Database along with other enforcement actions. Meeting agreed that a formal paper should be prepared for HELA and Wendy Martin agreed to present this.

Action: LAU
Wendy Martin

7 ELECTRICAL TEST CONDITIONS IN LICENSES

Paras 7 and 8 of the PELG Tech Sub Cttee refers. There was some discussion on this issue. It was finally decided that the central issue was different interpretations of relevant legislation by PLAs, industry and electrical contractors. It was agreed that a PETEL should be drawn up to clarify the legal requirements for PLAs. In advance of this, LACORS would send out a message and a letter would be sent to NCIEC from PELG.

Action: Alison Edwards
Peter Sargent
LAU

8 UNATTENDED SELF-SERVICE PETROL FILLING STATIONS RESEARCH

The research was accepted. It was agreed to refer this to the Technical Sub-Cttee to set up a small working group to produce relevant PETEL/S.

Action: Tech Sub Committee

9 PELG TECH SUB CTTEE

Peter Sargent gave an update. The issue of mobile phones will be pursued.

10 STANDARDISATION OF FORECOURT SIGNS AND SIGNALS

This item was referred to the Tech Sub-Cttee. Andy Berry agreed to collect evidence/examples for Peter Sargent for that meeting.

Action: Tech Sub Committee
Andy Berry

11 COMPLIANCE WITH LPGA CODES OF PRACTICE

This item was referred to the Tech Sub-Cttee, to address the issue of training for PLAs on LPG e.g installations such as Autogas.

Action: Tech Sub Committee

12 SPLIT COMPARTMENT DELIVERY PROCEDURES

Phil Monger informed the group this guidance was now available. It was agreed that an information PETEL should be sent out.

Action: Tech Sub Committee

13 AOB

Huw Morgan mentioned the End of Life Vehicle Directive and that guidance might be required on this for PLAs, and mentioned the EA Working Party/Scrapmerchants. Steve Quick thought that consultation might be through DEFRA.

Action: Tech Sub Committee

14 DATES OF NEXT MEETINGS

Please NOTE the change of date for the October meeting.

17 OCTOBER 2002
14 MAY 2003