Agenda item

The Chairman welcomed this Report which followed a referral to the Health & Wellbeing Board of her Motion to Full Council on 8^th December 2015 and a request from the Board at its last meeting in January for a substantive item for discussion on the Growing Issue of Shisha Smoking in Barnet. She noted that the Report had been informed by local intelligence, research and best practice in other areas to suggest a plan of action to tackle the issue.

Upon invitation from the Chairman, James Gould (Senior Planning Enforcement Officer) Emma Phasey (Group Manager, Development and Regulatory Services) and James Armitage (Service Director, Development and Regulatory Service) joined the meeting for this item.

Dr Laura Fabunmi (Public Health) introduced the report and briefed the Board about the health effects of shisha smoking and noted the evidence which shows that there has been a significant increase in shisha uptake, particularly among young people and university students.

The Board noted that research had shown that enforcement actions towards shisha has been limited and that therefore a multi-pronged partnership approach is required to address the compliance and enforceability issues more effectively. Councillor Reuben Thompstone welcomed the report and noted the need for an effective education campaign.

In relation to the misconceptions about the health effects of shisha smoking in comparison to cigarette smoking, Dr Fabunmi also highlighted the importance of the health promotion and education campaign.

She also noted the aims of the campaign, particularly to raise awareness of the negative health impacts of shisha among users and young people. To ensure that a wide audience is reached, Elizabeth James, Barnet CCG (Interim) Joint Chief Operating Officer & Director of Clinical Commissioning expressed interest in linking with Public Health to discuss inclusion of further clients groups and patients. (Action)

Mr Armitage briefed the Board about the current enforcement issues that regulatory services are faced with when prosecutions are brought under the Health Act 2006. He noted that prosecutions for non-compliance by virtue of the Health Act 2006 are costly and time consuming and that the penalties imposed by courts are usually of a small-scale.

Ms Phasey elaborated on the points raised and informed the Board that warnings issued by Regulatory Services are often only implemented over a long period of time and that this also adds to the delay towards enforcement.

A suggestion was put forward by Mr Armitage that subject to review and approval by the local authority, the possibility of issuing fixed penalty notices could be considered.

Subject to the Board’s approval of the recommendations, Dr Fabunmi noted that a Task and Finish Group will be established, which will aim to coordinate visits with partners including HMRC and share intelligence with regulatory services to tackle illegal structures related to shisha and other areas of non-compliance.

Mr Chris Miller welcomed the report and noted that section 2.7 of the report states that the prevalence of shisha smoking may be influenced by the proximity between shisha premises and schools.

In light of this, he queried the penalty options available and possible measures to prevent underage shisha tobacco usage at shisha establishments. In response, Ms Phasey expressed concerns about penalties, which would potentially be higher fines but not significantly higher.

The Chairman thanked the speakers and Board Members for the discussion and noted that a report will be brought to a future meeting of the Health and Wellbeing Board with further findings, including issues that can be lobbied nationally and enforceability options which can be carried out by key partners.

RESOLVED that:

1.    The Health and Wellbeing Board confirmed its commitment to reducing the use of shisha in the borough on health grounds.

2.    The Health and Wellbeing Board approved the multi-pronged approach outlined in the report, of health education and promotion, regulation, and exploration of local Planning Policy, with the following actions:

·         Educate and Engage. A health education and promotion campaign in partnership with the Council’s communications department that is aimed at users of shisha, with a particular focus on young people but also including shisha premises.

·         Regulate Activity. A partnership approach to be taken to non-compliant premises, focusing on agreed hotspots identified through local intelligence, including the Community Safety Team and Partnership, HMRC, the Police and London Fire Brigade.

·         Explore current Planning and Enforcement Policy. To include health and wellbeing considerations, so that local businesses such as shisha establishments, do not adversely impact on neighbouring residential amenity.

3.    The Health and Wellbeing Board supported a partnership problem solving approach to non-compliance in shisha premises which actively and fairly applies all relevant legislative powers available to the Council.

4.    The Health and Wellbeing Board noted and approved a Task and Finish group to develop and implement an action plan for reduction in the use of shisha in Barnet. The remit of this group will include:

·         Cross council representation from Public Health, Environmental Health, Trading Standards/licensing, Planning, Community Safety and regeneration

·         Working with key partners such as the police, fire and the CCG

·         Being jointly chaired by Public Health and Client Commissioning lead for Enforcement services to ensure actions from both the public health and enforcement perspective are driven forward

·         Reporting back to the Health and Wellbeing Board on how the powers and functions available across the Council, which may lie within the scope of other Council Committees, can be harnessed to reduce shisha use, such as the Safer Communities Partnership, Area Committees, Licensing Committees and Planning Committees.