YOUR FREEDOMS OF CHOICE ARE SLOWLY
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Safer and Stronger Communities
Trading Standards South Area Office ? County Offices ? Kendal
Cumbria ? LA9 4RQ ? Fax 01539 773592
Tel 01539 713577 ? Email trading.standards@cumbriacc.gov.uk
Dear Mr.Ellis,
Thank you for your e-mail of 30th November 2010 which the Department received on 1st December 2010. I have been asked to respond to your email, as Eamonn Quinn's Area Manager and I must apologise for only responding to you now.
Our visit to your premises, which was discussed at the formal interview on 17th November 2010, was in respect of alleged criminal offences committed under the General Product Safety Regulations 2005.
To answer the points that you raised in your email:
1. There is a link to the General Product Safety Regulations from OPSI below;
<http://www.legislation.gov.uk/uksi/2005/1803/pdfs/uksi_20051803_en.pdf>
Plus a link to guidance from BERR below;
http://webarchive.nationalarchives.gov.uk/+/http://www.berr.gov.uk/whatwedo/consumers/Safety/products/general-regulations/index.html <http://webarchive.nationalarchives.gov.uk/+/http:/www.berr.gov.uk/whatwedo/consumers/Safety/products/general-regulations/index.html>
2. The only people who entered your home were Trading Standards Officers under the supervision of the investigating officer and Police Officers acting in a support role. The Police also had subsequent separate concerns about firearms and air-weapons found on your premises, which they dealt with separately.
3. A copy of the warrant was left with you, together with a copy of the seizure log and a copy of the appeals procedure under the General Products Safety Regulations
4. Trading Standards Officers took photographs as part of the operation. This is part of our evidence gathering and they will be disclosed to you if proceedings are considered. Media representatives were present but were instructed not to enter your premises.
5. These actions arose from a complaint received from our regional fraud team. If proceedings are considered you will get full disclosure of all witnesses.
During the interview you were informed that our actions had arisen from a complainant who had bought your product and from the subsequent findings of the Public analyst who had analysed the products that you sold.
These findings were read out to you during the interview and you had opportunity to comment on them.
Our investigations into the alleged offences are still progressing and until they are concluded and we have a second formal interview with you, we cannot release any further information at this moment. You will however have every opportunity to ask questions at the time of the second formal interview.
If proceedings are considered, then you will be given copies of all relevant information by way of advance disclosure.
These are serious criminal allegations and I would strongly advise you to take legal advice.
Thank you for your co-operation in these enquiries to date, which will be duly noted.
Yours sincerely
Sheralee Cornthwaite
Trading Standards Area Manager | Trading Standards
Safer Stronger Communities | Cumbria County Council
South Area Office | County Offices | Kendal | LA9 4RQ
t: 01539 713595
f: 01539 773592
www.cumbria.gov.uk
Trading Standards South Area Office ? County Offices ? Kendal
Cumbria ? LA9 4RQ ? Fax 01539 773592
Tel 01539 713577 ? Email trading.standards@cumbriacc.gov.uk
Dear Mr.Ellis,
Thank you for your e-mail of 30th November 2010 which the Department received on 1st December 2010. I have been asked to respond to your email, as Eamonn Quinn's Area Manager and I must apologise for only responding to you now.
Our visit to your premises, which was discussed at the formal interview on 17th November 2010, was in respect of alleged criminal offences committed under the General Product Safety Regulations 2005.
To answer the points that you raised in your email:
1. There is a link to the General Product Safety Regulations from OPSI below;
<http://www.legislation.gov.uk/uksi/2005/1803/pdfs/uksi_20051803_en.pdf>
Plus a link to guidance from BERR below;
http://webarchive.nationalarchives.gov.uk/+/http://www.berr.gov.uk/whatwedo/consumers/Safety/products/general-regulations/index.html <http://webarchive.nationalarchives.gov.uk/+/http:/www.berr.gov.uk/whatwedo/consumers/Safety/products/general-regulations/index.html>
2. The only people who entered your home were Trading Standards Officers under the supervision of the investigating officer and Police Officers acting in a support role. The Police also had subsequent separate concerns about firearms and air-weapons found on your premises, which they dealt with separately.
3. A copy of the warrant was left with you, together with a copy of the seizure log and a copy of the appeals procedure under the General Products Safety Regulations
4. Trading Standards Officers took photographs as part of the operation. This is part of our evidence gathering and they will be disclosed to you if proceedings are considered. Media representatives were present but were instructed not to enter your premises.
5. These actions arose from a complaint received from our regional fraud team. If proceedings are considered you will get full disclosure of all witnesses.
During the interview you were informed that our actions had arisen from a complainant who had bought your product and from the subsequent findings of the Public analyst who had analysed the products that you sold.
These findings were read out to you during the interview and you had opportunity to comment on them.
Our investigations into the alleged offences are still progressing and until they are concluded and we have a second formal interview with you, we cannot release any further information at this moment. You will however have every opportunity to ask questions at the time of the second formal interview.
If proceedings are considered, then you will be given copies of all relevant information by way of advance disclosure.
These are serious criminal allegations and I would strongly advise you to take legal advice.
Thank you for your co-operation in these enquiries to date, which will be duly noted.
Yours sincerely
Sheralee Cornthwaite
Trading Standards Area Manager | Trading Standards
Safer Stronger Communities | Cumbria County Council
South Area Office | County Offices | Kendal | LA9 4RQ
t: 01539 713595
f: 01539 773592
www.cumbria.gov.uk
