Advice and services for business

Trading standards is a service provided by Solihull Council whose job it is to protect the health, safety and economic interests of everyone in Solihull.

We freely offer advice and information to both traders and consumers, helping to ensure fair-trading. We look to establish constructive relationships with traders to avoid situations where the law might be broken. Where we do find deliberately dishonest trading or criminal offence, we have wide-ranging powers to protect the community, including bringing legal actions if necessary.

How we work

We believe it is best that we help businesses to maintain good trading practices.

According, we aim to work with all business to advise and assist them in complying with the law.

The law often seems complicated; it is our responsibility to simplify the law as it applies to traders so that it can be clearly understood and complied with, without confusion.

It is our experience that in many situations where legal requirements are not being met, it is by mistake or ignorance of the law. Traders generally welcome our advice and are happy to make any necessary changes.

The overall results are that consumers are able to shop in a fair environment, free from unlawful practices, and businesses all comply with the same trading rules so that competition between them is fair.

Routine Visits

In the normal course of our work we aim to visit trade premises in the Borough on a regular basis and maintain a good relationship between traders and Trading Standards, The frequency of visits will vary according to the nature of the business, how long it has been training, and whether the business has needed advice in the past.

We use these visits to keep traders up-to-date with any changes in the law, and if a trader has any potential problems we hope to discover and resolve them before they become a cause for consumer dissatisfaction or complain. We also have a duty to make certain checks - for example, on the accuracy of weighing machines or on sales of alcohol and cigarettes to children.

Why is the inspection taking place?

The inspection is to establish that Trading Standards legislation applicable to your business premises is being complied with. It will most often be a part of our routine inspection programme, which takes into account the nature and history of the business. However, it may be because a complaint has been received about the business or because the officer suspects that an offence may have been committed. The officers will inform you of the reason for their visit.

What can you expect from the officers?

Our officers will treat you with courtesy. They will usually show you identification when they arrive at your premises, and will always do so if asked. They will explain the purpose of their visit, and their findings during the visit.

At the end of the visit, they will give you a record of the inspection. If any items are seized, you will be given a list of the items. Similarly, if test are carried out on any goods, you will be notified of the test results. Where appropriate, you will be notified of the appeals procedure against local authority decision and the procedure for claiming compensation in relation to those decisions.

What powers do the officers have?

• Officers have the right at all reasonable times, to enter any premises other than premises used solely as a private dwelling
• Officers do no have to make an appointment or give advance notice of their visit, though they may do so if they consider it appropriate
• If you refuse entry to an officer, you will be committing an offence
• Officers can inspect and test weighing and measuring equipment and goods; require computer information to be produced; and, take photographs or make video recordings
• If officers suspect an offence has been committed they may seize and detain property that they consider may be required as evidence
• If officers find a contravention of safety legislation, they can issue a suspension notice prohibiting the movement of specified goods for a period of six months

What will happen after the inspection?

If officers find a breach of Trading Standards legislation, they will decide what course of action to take, depending upon the nature of the breach. Breaches are often dealt with by discussion and advice in the first instance. Officers may put their advice in writing in a "Traders Notice", and always do so if asked. They will make it clear what is legally required and what is our advise on best practice.

If further action is required, decisions will be based upon Solihull Council's Enforcement Policy and the Enforcement Concordat produced by the Government.

Resolving Consumer Complaints

Many of the consumer complaints we receive are handled and resolved without having to involve the trader concerned. Where a complaint appears to be justified, we may need to investigate. An officer may visit or telephone the trader concerned in order to resolve the issue.

How to benefit from our service

You can raise matters of concern with us when we make a routine visit to your premises, but we would recommend that if ever any problem arises, you should contact us immediately. We will do everything we can to help you deal with

• Trading Standards legislation relevant to your business
• Unfair competition from other traders
• Your obligations to your customers

and we will be happy to help you set up systems to minimise the risk of problems arising.

For a business based in Solihull that trades regionally or nationally we operate the "Home Authority" principle to ensure the local business get clear and accurate advice.

Complaints

If you have a complaint, either that the procedures described have not been followed, or about any other matter, you should first contact the Trading Standards Service on 0845 330 3313 to discuss the matter.

If you remain dissatisfied, you can make a formal complain to Solihull Council.

If after this stage, your complaint remains unresolved, you may refer the matter to the Local Government Ombudsman.

Are you a trader?

Various laws concerning the sale of goods govern how traders conduct their business. Some of these laws still apply to persons who are not traders but sell goods.

When does the law consider you to be a trader?

There is no hard and fast rule, but ask yourself:

• are the goods you are selling your personal property? If not and you buy goods in specially to resell, for example from newspaper adverts or a cash and carry, you are very likely to be a trader.
• do you attend boot sales regularly - once every couple of months or more? If so, you are likely to be a trader even if boot sales are not a major source of income.
• do you employ anyone to help you with sales? If so, you are probably a trader.
• do you sell similar goods at other venues, e.g. markets, in the street or from home? If so, you are almost certainly a trader.

Traders and The Law

Refunds - It is an offence to display any sign which tries to limit a buyer's rights. Do not use signs like 'No Refunds' or 'Sold as Seen'. As well as being illegal, these signs do not, in fact, limit buyers' rights at all.

A company name must be clearly displayed outside all offices or business premises and on all invoices and receipts.

Consumer Protection Act - Take great care that everything you sell is safe. Be particularly careful with toys, electrical goods, upholstered furniture and clothing, especially nightwear.

Descriptions of Goods - Goods must not be misdescribed. Before selling recorded or branded items such as cassettes, video films or t-shirts, satisfy yourself that they are not counterfeit because heavy penalties can be imposed on anyone who breaches copyright by selling fakes.

Video Recordings Act - Selling video films is risky because the sale of films which have not been properly classified by the British Board of Film Classification can attract fines of up to £20,000 per tape or a prison sentence. Certain educational, sport and music videos are exempt from this requirement. You are advised to take more detailed advice on the Video Recordings Act before putting video films out for sale.

Supply of Goods to Consumers Regulations - If you sell something, whether new or second-hand, it should be of satisfactory quality and fit for its purpose. It should also be as you describe it.

If you sell something which does not meet these requirements, your customer has a right to a refund provided they reject goods promptly. S/he might agree to a replacement, but their right is to a refund, and as a trader you should be ready to honour this right. If you are selling something with defects, you can only escape your obligation to provide a refund if you point out the fault at the time of the sale. Doing this doesn't protect you from a claim if the item has further faults.

Unlike the other Acts mentioned, you cannot be prosecuted by Trading Standards for breaching the Act, but you could be sued by your customers.

If You're Not A Trader

If you are a genuine 'non-trader' seller, you will be largely outside the controls of consumer law, but there are exceptions: for example, if you describe goods in any way, and that description proves to be false, you will be obliged to give a refund.

There are things you can do, however, which will help avoid problems and which we would recommend as 'good practice' during private sales.

Electrical Goods- We advise consumers to steer clear of items such as electric fires and irons at boot sales, so unless the item has a reputable, recent source we would caution against its sale.

Clothes- Think twice before selling nightwear. It might well not meet flammability requirements that apply to nightwear sold by traders. Children's' coats with hood-cords can also pose a hazard so beware of selling these if their source and safety is uncertain.

Toys- Look toys over to make sure there are no sharp points or small parts that can be pulled off. Put the toy in a skip rather than a sale if it is in bad shape, damaged or very old. If you still have packaging, sell the toy in it.

Other Danger Areas- Caution should be exercised in the sale of the following types of goods. All of them have their own safety standards when sold by traders and you should have them checked carefully before you even think about selling them. Prams and pushchairs. Paraffin heaters. Oil heaters.

Whether you are a regular trader or not, you should be ready to co-operate with trading standards officers who may visit boot sales at any time to carry out inspections, give advice and investigate complaints.

Contact Details

Consumer Advice in Solihull is provided by Citizens Advice. The Citizens Advice consumer service provides free, confidential and impartial advice on consumer issues. Citizens Advice works in partnership with Local Authority Trading Standards Advice Services offering first level advice and information on a wide range of consumer issues. More complex problems, or complaints requiring further investigation or assistance are referred to Trading Standards or other advice services.

To speak to Citizens Advice, please call 08454 04 05 06. Opening hours are 9.00am to 5.00pm Monday - Friday (Textphone users should dial 18001 followed by Citizens Advice consumer helpline number 08454 04 05 06)

A wide range of consumer information and advice is also available online from the Citizens Advice website at http://www.adviceguide.org.uk/

For Business Advice please contact Trading Standards on 0845 3303313