Agenda item

Stephanie Waterford, Head of Public Protection and Enforcement was in attendance to answer Members’ questions in relation to the report as set out in the agenda pack.

Members asked about the amount of charges given to companies that erected funfairs in parks and how the revenue compared to that of other boroughs. In response, it was confirmed that the charges were managed by the Green Spaces team. Members heard that Hillingdon had a disproportionate amount of green space compared to other London areas. It was agreed that this question would be taken back to the Green Spaces team for clarification.

Councillors sought further clarification as to how noise from funfairs was managed, noting that complaints from residents were sometimes received. It was explained that officers responded to service requests when noise was considered unbearable or unreasonable. It was confirmed that residents could log a service request; officers would then assess the situation and decide on the appropriate course of action. An out of hours service was also available.

The Committee Members enquired whether there were any terms and conditions in place in respect of noise and lighting when companies made a booking. It was confirmed that there were hiring lease arrangement terms and conditions attached to any hire agreement by Green Spaces. It was an offence to create a nuisance hence such matters could be reported to the Environmental Protection service, which would respond accordingly. It was noted that the service was reactive rather than proactive. Site visits to ensure compliance were not routinely undertaken; the service was responsive and officers responded to any complaints raised.

Councillors asked if the same contractors returned to the same sites each year or if there were changes in contractors. It was confirmed that typically the same funfair operators returned to the same sites, but other operators could come in at any point.

Members raised concerns regarding large advertising boards noting that these were sometimes left up for a considerable amount of time before and after funfairs. In response, officers explained that travelling fairs were required to remove signage within 14 days of an event finishing. If they failed to do so, the Council could issue a fixed penalty notice (FPN) to the operator. In the case of events on private land, the situation was more complex.

Where repeated noise complaints had been received in respect of a specific contractor, Members recommended the inclusion of a specific clause in relation to this in the hire agreement. It was agreed that officers would follow this up with the Green Spaces team.

The Committee asked about the fines in place for leaving advertising boards up and sought reassurance as to whether these were robust enough. It was explained that the fines were moderate, between £50 and £100, and that multiple fines could be issued depending on the amount and location of the boards. Members heard that these were statutory fines which could not be amended – prosecution was an option in extreme cases. It was noted that the service was reactive and relied on people reporting any concerns.

In view of the above, the Committee suggested the introduction of a bond concept for funfair companies to ensure they removed their posters and did not damage Council land. It was agreed that this was a good idea which would be fed back to Green Spaces.

With regard to food hygiene, it was confirmed that mobile caterers were obliged to be registered with the home authority where their business was based.

At the request of Members, it was agreed that Green Spaces would be requested to clarify how much of the £25k revenue was reinvested in the repair of the Council’s green spaces further to an event. Noting that funfairs were largely unregulated, Members recommended the inclusion of additional measures in local policy. The Head of Public Protection and Enforcement agreed to explore this further outside of the meeting. 

Members asked about the responsibility for health and safety enforcement at funfairs. It was explained that the Health and Safety Executive enforced funfairs rather than the local authority and would investigate any injuries or incidents – these were not routinely reported to the local authority.

Councillors recommended that, when signing up, funfair operators be asked to confirm that no health and safety incidents had occurred at previous events. The officer agreed to feed back this suggestion for inclusion in future policies. Members heard that, when considering applications, Green Spaces would take into account any complaints previously received and this would feed into their decision. It was noted that complaints regarding funfairs were rarely received. However, it was recognised that policy could be more robust and the importance of reporting issues to build a data picture for shaping future work was emphasised.

Members enquired how the Council worked proactively with funfair operators to ensure they adhered to regulations and behaved reasonably. Officers affirmed that there was a lot of advice, guidance, and education available for operators, including information on the HSE website.

In response to questions about food safety at funfairs, it was explained that food inspectors did not proactively inspect food establishments at events unless it was a licensed event like a Christmas market. However, they would respond to claims or reports of unsafe or unhygienic practices and food poisoning. It was noted that food inspectors had a planned programme for inspecting food businesses in the Borough and would react to any reported issues.

Should someone fall ill after eating food at a funfair that had already packed up and left, the matter would be referred to the home authority of the funfair operator for follow-up. The home authority might decide to bring the inspection forward or carry out another investigation. It was acknowledged that proving instances of food poisoning could be difficult without hard samples of the food.

Members sought clarification regarding the permitted operating hours for circuses and funfairs and whether certain aspects of these events were time limited. It was explained that each site was conditioned based on its local circumstances, and Green Spaces would decide the most appropriate start and finish times. There were no regulations stipulating specific timings, but the hire agreement could include such stipulations if deemed appropriate.

Councillors expressed concern about the reactive behaviour of the Council and suggested more proactive work with the hiring part. The Head of Public Protection and Enforcement agreed to take the feedback back to the relevant department.

RESOLVED: That the Select Committee:

1.    Noted the information included in the report regarding the regulatory requirements of fun fairs; and

2.    Noted the current Council hiring processes related to fun fair events on Council land.