Issue - meetings

This report informs Members of the legislation regulating the sale of replica firearms, and specifically explains what controls exist to prevent these potentially dangerous items being supplied to children.  The report seeks Executive Member approval of an enforcement policy for the enforcement of the legislation.

Advice of the Advisory Panel

That the Executive Member be advised:

(i)           That Option 1 be approved and the Environmental Health, Trading Standards and Licensing Enforcement Policy be amended to include that formal enforcement action be considered in cases involving sales of realistic imitation firearms;

(ii)     That the government’s new legislation to bring the sale of replica guns under the jurisdiction of the Council’s Trading Standards function be welcomed, but it be agreed that the legislation should go further and give councils the power to officially test purchase for the sale of imitation firearms to those under 18;

(iii)    That the Director of Neighbourhood Services be asked to draft a letter to request the Secretary of State for an additional change to the legislation to give Local Authorities the power to test purchase without an offence being committed as is the case with the sale of alcohol, aerosols, cigarettes and knives, with the letter being signed by representatives of all the political parties on the Council and copies sent to all local MPs;

(iv)    That it also be requested that improvements be made at border control to prevent illegal guns entering the country.

Decision of the Executive Member

RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.

REASON:To enable the Council’s Trading Standards Service to take enforcement action to prevent the sale of realistic imitation firearms in York.

Members received a report which informed them of the legislation regulating the sale of replica firearms, and specifically explained what controls existed to prevent these potentially dangerous items being supplied to children.  The report sought Executive Member approval of an enforcement policy for the enforcement of the legislation.

The report presented the following options for consideration:

·  Option 1 – To amend the Environmental Health, Trading Standards and Licensing Enforcement Policy to include that formal enforcement action be considered in cases involving sales of realistic imitation firearms;

·  Option 2 – Not to amend the Environmental Health, Trading Standards and Licensing Enforcement Policy.

Advice of the Advisory Panel

That the Executive Member be advised:

(i)           That Option 1 be approved and the Environmental Health, Trading Standards and Licensing Enforcement Policy be amended to include that formal enforcement action be considered in cases involving sales of realistic imitation firearms;¹

(ii)     That the government’s new legislation to bring the sale of replica guns under the jurisdiction of the Council’s Trading Standards function be welcomed, but it be agreed that the legislation should go further and give councils the power to officially test purchase for the sale of imitation firearms to those under 18, without the purchaser committing an offence;

(iii)    That the Director of Neighbourhood Services be asked to draft a letter to request the Secretary of State for an additional change to the legislation to give Local Authorities the power to test purchase without an offence being committed as is the case with the sale of alcohol, aerosols, cigarettes and knives, with the letter being signed by representatives of all the political parties on the Council and copies sent to all local MPs;²

(iv)    That it also be requested that improvements be made at border control to prevent illegal guns entering the country.³

Decision of the Executive Member

RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.

REASON:To enable the Council’s Trading Standards Service to take enforcement action to prevent the sale of realistic imitation firearms in York.