So, it's all broken out!

LB of Barking and Dagenham has apparently issued enforcement notices to four well-known retailers for failing to enforce the use of face coverings using the Anti-social Behaviour Crime and Policing Act 2014 (rather than Covid or H&S legislation).

Seems that the retailers have written to the Department for Business, Enterprise and Industrial Strategy (BEIS) to complain rather than using whatever legal remedy is written into the antisocial behaviour legislation to appeal against the notices or demand judicial review.

In turn, it is reported in the news that the Council has written to the Business Secretary, Alok Sharma, to complain about one of his officials ringing Barking and Dagenham as the Council

"did not have powers to enforce these guidelines using the Government's Covid-19 emergency powers" AND 

"the action has caused a negative reaction from the operators".

Meanwhile it seems that a Cabinet Office senior official has praised the Council for its Covid initiatives including its crackdown on these big retailers.

So one Government Department saying one thing and another roughly the opposite.

The sort of stuff that makes for a fictional comedy series that might be initially aired on BBC3 before transfer to BBC1.

"You couldn't make it up"!!!

When you read the latest versions of the various published Covid legislation a "local authority" or their employee is a relevant/specified  person/official and the use of face covering in shops is law not guidance.

I have to say that I've seen no sign of supermarkets even trying to enforce the wearing of masks. Whereas abuse towards staff has become a number one item for many shopworkers in relation to rules and guidance, on the other hand major supermarkets employ security staff, but I have seen no evidence of these people trying to enforce requirements. Their staff dutifully wear masks now, but seem to turn a blind eye to whether the public do. Since access to such shops is more restricted than it was, I would have thought this presented a golden opportunity for monitoring and enforcement at the entrance. No mask, no entry. Shop staff are not the police, but since the police cannot possibly be at every shop, someone has to try to enforce it, and supermarkets are in control of their premises. An opportunity to use the Occupiers Liability option?

Is the LA only really doing what the shops / supermarkets have been doing - taking the softer and easier option.  Shops put up signs, tannoy announcements, lead by example etc but stop short of open confrontation with the non-wearer.  

The LA MUST be in the shop to actually see shoppers without masks.  Rather than confronting the "offender" which would be a great opportunity to show direct intervention, issue an appropriaqte penalty and of course expose themselves to the potential of abuse, they seem to step back and head off to see a manager and whinge, whine and the look to prosecute them.   I've not read the Regs sufficiently as to the shop owners direct liabilities for failing to ensure compliance and what exemptions they have available to them.     This sounds rather like the early days of CV19 when some LA's were wanting to control what items were or were not essential items.  After a while they had their knuckles rapped for being over zealous.   I'm all in favour of te LA getting out and about but why take the soft option!

Edited by user 08 October 2020 16:46:41(UTC)  | Reason: Not specified

The shops have duties under the legislation, problem for the LA just like the HSE is they need to fall back upon existing (non-Covid) legislation to push the public health issue.

So yes they may be "whinging" to the store manager but that is where they have legal clout - they do not have suitable penalties for a one to one confrontation with someone not wearing a face covering.

Just to explain even the "Covid Wardens" a council could employ under the new government grant can only "advise" - no recourse to demand details, issue fines or even demand soemone leaves a particular location.

Or as junior has just quipped we now have "Plastic, Plastic, Policemen" as a PCSO has more authority than these new do gooders.