Issue - meetings

(i)       to note the Council’s use of covert surveillance activity during Q1;

(ii)      to note there have been no applications to acquire communications data during Q1; and

(iii)      in response to a question regarding whether information could be provided to Councillors, for assurance purposes, relating to covert surveillance activities, the Team Leader – Regulatory and Compliance Team advised that information would be circulated to members outwith the meeting.

With reference to article 4 of the minute of its meeting of 20 February 2025, the Committee had before it a report by the Executive Director of Corporate Services which was provided to ensure that Elected Members reviewed the Council’s use of investigatory powers on a quarterly basis and had oversight that those powers were being used consistently in accordance with the Use of Investigatory Powers Policy. 

The report recommended:-

that the Committee -

(a)      note the Council’s use of covert surveillance activity during Q1; and

(b)      note there had been no applications to acquire communications data during Q1.

In response to a question regarding the statement at section 5.4 and what was done to follow up on this requirement, the Team Leader – Regulatory and Compliance advised that the Committee received an annual report in February of each year which contained the Policy for members to scrutinise and confirm it was fit for purpose.  She further advised that the Committee received quarterly reports to enable members to have an oversight of covert activities.

In response to a question regarding a number of money laundering situation involving tobacco in England and whether the Council considers these to manage the risks, the Team Leader – Regulatory and Compliance advised that Trading Standards consider these when intelligence has been circulated nationally.

In relation to a question regarding investigation work in licensed premises and whether this was just for retail premises, the Team Leader – Regulatory and Compliance Team advised that this work was connected to guidelines from the Scottish Government relating to tobacco and vape products where 10% each year of all premises that open up to receive a routine visit from Trading Standards to monitor age verification policies with additional visits throughout the year.  She further advised that investigations would be carried out where intelligence had been received on specific premises.

In relation to a question regarding clarification on whether the additional requirements relating to authorisation for the use of Covert Human Intelligence Source were new to Authorised Officers, the Team Leader – Regulatory and Compliance advised that the additional requirements were not new, rather that they were not used often therefore a refresher on the requirements would be provided.

The Committee resolved:-

(i)       in response to a question regarding whether information could be provided to Councillors, for assurance purposes, relating to covert surveillance activities, the Team Leader – Regulatory and Compliance  advised that information relating to the Enterprise Act 2002 –  Information Disclosure would be circulated to members outwith the meeting; and

(ii)      to otherwise approve the recommendations contained in the report.