Food law enforcement plan

Performance of Service

A range of national and local performance indicators have been developed against which service performance is assessed. These emanate from the Performance Measurement Framework for Welsh

Local authorities, containing the statutory Public Accountability Measures and from the Welsh Local Government Association which provides “core set” indicators.

Indicator	Target (2019-20)	Actual (2019-20)	Target (2020-21)	Actual (2020-21)	Target (2021-22)	Actual (2021-22)
% of food premises 'broadly compliant' with food hygiene requirements	97.5%	97%	None set	97%	None set	97%

 

2.8.1 Food hygiene compliance – national strategic performance indicator - ‘broadly compliant premises’

In 2008-09, the Food Standards Agency established the concept of ‘broadly compliant’ food premises, based on the food hygiene risk-rating scheme established by the national Food Safety Act Code of Practice. Subsequently, in 2010-11, the percentage of ‘broadly compliant’ premises within each local authority area was adopted as the single national strategic performance indicator for food law enforcement, in place of the percentage of high risk inspections achieved.
This represented a move from measuring enforcement outputs, to more meaningful outcomes.

To be deemed ‘broadly compliant’ premises have to score no greater than 10 in each of three elements of the risk rating scheme, namely: ‘compliance – structure’, ‘compliance – hygiene procedures’, and ‘confidence in management’. In practice, premises that are ‘broadly compliant’ may present evidence of some non-compliance with statutory obligations and industry codes of practice, but with standards generally being maintained or improved. The compliance history will need to be at least satisfactory, and the business will need to have access to and make use of technical advice in-house, from trade associations and/or Industry Guides to Good Practice. The business should be able to demonstrate an understanding of significant hazards and control measures in place, and be making satisfactory progress towards a documented food safety management system/procedures, commensurate with the type of business.

In addition, the concept of ‘fully compliant’ premises was put forward, again based on the same scoring system. To be deemed ‘fully compliant’ premises has to score no greater than 5 in each of the three same elements of the risk rating scheme. Premises that are ‘fully compliant’ should demonstrate a high standard of compliance with statutory obligations and industry codes of practice, with only minor contraventions of food hygiene regulations, and minor non-compliance with statutory obligations and industry codes of recommended practice. The compliance history will need to be at least reasonable, and the business will need to have access to and make use of technical advice in-house, from trade associations and/or Industry Guides to Good Practice. The business should have satisfactory documented procedures and systems and be able to demonstrate effective control of hazards. They will need to have a satisfactory documented food safety management system, and be found generally compliant with this system.
The following chart shows the changes in the food hygiene compliance levels over the past 10 years.

Food Hygiene Compliance Levels (%) for Pembrokeshire compared to Welsh average 2015-2022

 

April 15

• Broadly compliant (PCC) 96.2%
• Broadly compliant (Wales) 94.3%
• Fully compliant (PCC) 67.1%

April 16

• Broadly compliant (PCC) 95.9%
• Broadly compliant (Wales) 94.22%
• Fully compliant (PCC) 70.2%

April 17

• Broadly compliant (PCC) 96.4%
• Broadly compliant (Wales) 95%
• Fully compliant (PCC) 75.9%

April 18

• Broadly compliant (PCC) 97%
• Broadly compliant (Wales) 93.5%
• Fully compliant (PCC) 75.4%

April 19

• Broadly compliant (PCC) 96.8%
• Broadly compliant (Wales) 93.1%
• Fully compliant (PCC) 78.4%

April 2020

• Broadly compliant (PCC) 96.8%
• Broadly compliant (Wales) 92.7%
• Fully compliant (PCC) 78.4%

April 2021

• Broadly compliant (PCC) 96.8%
• Fully compliant (PCC) 79%

April 2022

• Broadly compliant (PCC) 96.9%
• Fully compliant (PCC) 78.6%

The chart shows a gradual but progressive improvement in the percentage of ‘broadly compliant’ premises, with 97% of premises classed as ‘broadly compliant’ at the beginning of April 2019.The Broad Compliance has remained fairly static since and in April 2022 the level is 96.9%. The percentage of ‘broadly compliant’ premises across Wales as a whole has shown a similar upward trend over this period, but compliance levels in the County have remained above the Welsh average. No data was available for Wales for the start of 2020 or 2021 at the time the Plan was prepared.

The percentage of food premises in Pembrokeshire classed as ‘fully compliant’ has continued to increase since 2015, with the level remaining static over the last 4 years. This data is not available for the rest of Wales.
It is to be expected that these indicators will not show a change, due to the low level of inspection activity during the Covid-19 period. However it will be important to continue to monitor these indicators through the Covid-19 recovery period. It is anticipated that the previous trends may not be continued as result of likely lower levels of compliance in businesses, due to their experiences through the pandemic and the fact that food inspections were not possible during the pandemic. It is considered that a reduction in the levels of Broad and full Compliance is to be expected. However this is based on colloquial evidence from inspections that have been carried out since the restrictions were lifted, rather than a full review of early inspection data.

A number of factors have contributed to improvements in Broad Compliance and Full Compliance levels over the last few years, including:

• the effective targeting of the Authority’s food law enforcement resources and its overall approach to enforcement (enforcement mix);
• the targeting of enforcement efforts towards premises that are not ‘broadly compliant’ (in particular all premises that are not ‘broadly compliant’ at inspection will receive a follow-up revisit);
• the additional support, in particular Food Safety Management System coaching visits, offered to non-compliant premises with low confidence in management (supported by additional Food Standards Agency funding);
• the further compliance incentive created by the national Food Hygiene Rating Scheme, launched at the end of 2010. All businesses which are not broadly compliant are encouraged to apply for a paid revisit for rescoring); and
• the enhanced requirement to display a food hygiene rating, which became law in Wales during 2013.

The Authority is committed to pursuing these same strategies, with the aim of continuing to improve compliance levels over the year ahead.

2.8.2 Food hygiene compliance – Food Hygiene Rating Scheme (FHRS)

Since 1st October 2010, food premises in the County (with the exemption of certain very low risk premises) have been awarded an overall score for food hygiene in accordance with the national Food Hygiene Rating Scheme - formerly referred to as the ‘Scores on the Doors’ scheme.

Following the transition to a statutory rating scheme in 28th November 2013, the display of ratings for businesses inspected since this date has been mandatory. This legislation also extended the rating scheme to food manufacturers with effect from 28th November 2014.
As with the ‘broadly compliant’ indicator, the FHRS score is based on the food hygiene risk-rating scheme established by the national Food Safety Act Code of Practice, being determined by the individual scores awarded for ‘compliance – structure’, ‘compliance – hygiene procedures’, and ‘confidence in management’.

Based on this assessment, premises fall into one of six bands:

FHRS score

• 5 - Very good
• 4 - Good
• 3 - Generally satisfactory
• 2 - Improvement necessary
• 1 - Major improvement necessary
• 0 - Urgent improvement necessary

Premises scoring 3 (or above) are classed as ‘broadly compliant’ (see 2.6.1).

The following chart shows the number of food premises rated in accordance with the FHRS as at the 1st April, for the years 2017 to 2022, in each score band.

Food premises by Food Hygiene rating scheme

 

Jan 2017

• 5 - Very good: 1295
• 4 - Good: 343
• 3 - Generally satisfactory: 51
• 2 - Improvement necessary: 28
• 1 - Major improvement necessary: 40
• 0 - Urgent improvement necessary: 0

Jan 2018

• 5 - Very good: 1217
• 4 - Good: 373
• 3 - Generally satisfactory: 48
• 2 - Improvement necessary: 23
• 1 - Major improvement necessary: 38
• 0 - Urgent improvement necessary: 0

Jan 2019

• 5 - Very good: 1461
• 4 - Good: 298
• 3 - Generally satisfactory: 44
• 2 - Improvement necessary: 2
• 1 - Major improvement necessary: 37
• 0 - Urgent improvement necessary: 0

Jan 2020

• 5 - Very good: 1536
• 4 - Good: 313
• 3 - Generally satisfactory: 47
• 2 - Improvement necessary: 21
• 1 - Major improvement necessary: 39
• 0 - Urgent improvement necessary: 0

Jan 2021

• 5 - Very good: 1591
• 4 - Good: 313
• 3 - Generally satisfactory: 46
• 2 - Improvement necessary: 22
• 1 - Major improvement necessary: 40
• 0 - Urgent improvement necessary: 0

Jan 2022

• 5 - Very good: 1633
• 4 - Good: 329
• 3 - Generally satisfactory: 50
• 2 - Improvement necessary: 23
• 1 - Major improvement necessary: 41
• 0 - Urgent improvement necessary: 0

By 1st April 2022, a total of 2076 of the County’s food premises were rated under the FHRS, this number has steadily increased from 1757 in 2017, to reflect the increase in registered food businesses in the County. It is also anticipated that the breakdown of food hygiene ratings may change as a result of inspections during the recovery period. As indicated previously lower compliance will lead to lower food hygiene ratings.

2012 (96. 9%) of these premises attracted a score of 3 or above (similar to pre-Covid-19 levels), with 1633 (78.6%) being classed as Very Good, 329 (15.8%) as Good, and 50 (2.4%) as Generally Satisfactory.

As of the 1st April 2022, the proportion of premises attracting a score of 1, ‘Major Improvement Necessary’, has remained fairly static due to the decreased number of inspections that took place in 2020-21 and 2021-2022.

No premises held a score of 0 (Urgent Improvement Needed) as at 1st April 2022. A score of 0 triggers a management review, with a view to possible legal proceedings. In addition a management review will take place where premises fail to achieve a rating of 3 or better over a number of inspections, or where good ratings have only been achieved on requested inspections to re-rate premises, which may indicate that a business is responding to requirements after an inspection, but is not taking action in between to maintain high standards. The reasons for such a review are to investigate the reasons for the repeated poor ratings and where an escalation of enforcement action is needed to draw the businesses’ attention to the fact that repeated poor standards is not acceptable.

In practice the Authority carries out follow up ‘enforcement revisits’ to any premises that attract a score of 2 or below, with a view to ensuring an appropriate improvement in compliance.

To provide some assurance to food businesses the scheme is supported by an appeals procedure, and businesses are afforded the right to request a ‘revisit for rescoring’ and also to a ‘right to reply’.

15 revisits for rescoring were carried out during 2021-22, compared to 1 in 2020-21, which again were lower due to the reduced inspection activity in those years. In previous years, the numbers of such inspections were generally around 60-70 per year. It is anticipated that the number of requests will return to pre-Covid-19 levels, or even increase, if overall levels of compliance are found to be reduced, due to the impacts of the Covid-19 pandemic and the lack of inspections that could take place during that period.
An estimate of 65 ‘revisits for rescoring’ likely to be received has been made for 2022-23 a prediction based on trends seen in the last 5 years of data.

There is a fee of £180 for requested revisits for rescoring.