waverley council

29 March 2011 A meeting of the COMMUNITY, HOUSING, ENVIRONMENTAL SERVICES & PUBLIC WORKS COMMITTEE will be held at the Council Chambers, Bondi Road, Bondi Junction, at:

8.00PM, TUESDAY 5 APRIL 2011 COMMITTEE MEMBERS:

Councillors: Betts (Mayor / Deputy Chair) Guttman-Jones (Chair) Cancian Clayton Jackson

Kanak Kay

QUORUM: Four Committee members. APOLOGIES: Fax or e-mail the General Manager or the Governance Manager. Late notice by telephone or through a Councillor attending the

meeting.

Tony Reed GENERAL MANAGER

Waverley Council

PO Box 9, Bondi Junction, NSW 1355 DX 12006 Bondi Junction. Telephone: 9369 8000 Fax: 9387 1820 TTY: 9389 9827 (For hearing impaired)

Website: www.waverley.nsw.gov.au

Community, Housing, Environmental Services & Public Works Committee Meeting – Tuesday, 5 April 2011 2

Committee Delegations

Community, Housing, Environmental Services & Public Works Committee 1. On 15 September 2009, Council delegated to the Community, Housing, Environmental

Services & Public Works Committee the authority to consider and make recommendations to Council, or to determine matters in accordance with its role as determined by Council resolution, subject to the following limitations: Limitations:

The functions delegated to the Community, Housing, Environmental Services & Public Works Committee do not include:

(a). The functions prescribed in section 377(1) of the Local Government Act 1993 as

functions that may not be delegated. (b). Determination of matters requiring the expenditure of money when no Council

allocation has been made. (c). Determination of urgent matters raised in the Committee without prior notice. (d). Determination of amendments to or adoption of the Council’s Management Plan,

Revenue Policy, Rating Strategy and any matter involving changes to adopted estimates.

(e). Determination of amendments to and adoption of Urban Planning and Building and Development codes, plans and policies.

(f). Determination of any matter where the decision of the Committee is not unanimous.

(g). Adoption of new or amendment to existing Council policies. 2. The Committee can exercise these powers only when:

(a). The specific item has been listed on the agenda paper giving notice of the meeting;

(b). The agenda in respect of the meeting has been distributed to all Councillors prior to the meeting in accordance with Council’s Code of Meeting Practice;

(c). There are at least four nominated Councillors of the Committee present at the meeting.


AGENDA C-1104.A Apologies C-1104.DI Declarations of Interest

MATTERS PROPOSED TO BE DISCHARGED BY WAY OF DELEGATED AUTHORITY

C-1104.1 PAGE 5 Food Safety in Bakeries – Bakery Blitz (A11/0062) Report dated 25 March 2011 from the Director, Planning and Environmental Services about a food safety program carried out for bakeries in the Waverley area to ensure compliance with food legislation requirements. Recommendation: That: 1. Environmental Health Officers continue to conduct regular routine inspections of

bakeries including monitoring areas identified as high risk and ensuring maintenance programs are completed.

2. Environmental Health Officers circulate promotional food safety information including

the “Safe Food Handling 2011 Calendar”, “Guideline to Food Safety Supervisor Requirements”, Food Shop Cleaning and Maintenance Plan”, “Handy Hints–Tips for Operating a Food Shop”, and “Wash your Hands” stickers to all bakery premises in Waverley.

3. Council’s Environmental Health Officers continue to liaise and work in partnership with

NSW Food Authority.


MATTERS TO BE SUBMITTED TO COUNCIL WITH A RECOMMENDATION FROM THE COMMITTEE

C-1104.2 PAGE 25 Liquor Licence Arrangements for the Service of Alcohol by Tamarama Rock Surfers at the Bondi Pavilion Theatre (A07/0573-02) Report dated 15 March 2011 from the Director, Recreation, Customer & Community Services about the liquor licensing arrangements between the Tamarama Rock Surfers Theatre Company and Council as part of the Resident Theatre Company licence agreement. Recommendation: That Council approve the appointment of Mr David Jank as the “Appointed Bar Manager” of the On-Premises licence for the Bondi Pavilion Cultural Centre. C-1104.RM SUBMISSION OF RESCISSION MOTIONS Note from the General Manager: Rescission motions must be submitted to the General Manager, or in the absence of the General Manager a member of Council’s Governance Unit, and announced before the close of the meeting. The date and time of receipt will be noted on all rescission motions. Rescission motions received before 10am on the next working day following the meeting will stay action to implement Council’s decision until the rescission motion has been determined. This is in line with section 372 of the Local Government Act and Council’s Code of Meeting Practice. Rescission motions received after 10am on the next working day following the meeting may not stay action on implementing Council’s decision. Rescission motions will generally be dealt with at the next Council meeting. The Chair will call for the submission of any rescission motions.

REPORT TO COMMUNITY, HOUSING, ENVIRONMENTAL SERVICES & PUBLIC

WORKS COMMITTEE

Food safety in bakeries – Bakery Blitz (A11/0062) Report dated 25 March 2011 from the Director of Planning and Environmental Services about a food safety program carried out for bakeries in the Waverley area to ensure compliance with food legislation requirements. Recommendation: That: 1. Environmental Health Officers (EHO’s) continue to conduct regular routine inspections

of bakeries including monitoring areas identified as high risk and ensuring maintenance programs are completed.

2. Environmental Health Officers (EHO’s) circulate promotional food safety information

including the “Safe Food Handling 2011 Calendar”, “Guideline to Food Safety Supervisor Requirements”, Food Shop Cleaning and Maintenance Plan”, “Handy Hints–Tips for Operating a Food Shop”, and “Wash your Hands” stickers to all bakery premises in Waverley.

3. Council’s EHO’s continue to liaise and work in partnership with NSW Food Authority. Purpose of Report This report provides an overview of a food safety program carried out on bakeries in the Waverley area. The purpose of this program was to ensure compliance with food legislation requirements, minimise the risk associated with food poisoning and food contamination and improve safe food practices amongst food handlers working in bakeries in Waverley. Background / Introduction One of Council’s statutory roles is to conduct routine food safety inspections of all food outlets in the Waverley area. The purpose of inspections is to ensure premises maintain a high standard of hygiene and food handling practices and to ensure the construction of food premises are maintained in a satisfactory manner to minimise risks to public health such as food poisoning.

Waverley has entered into a partnership with the NSW Food Authority to ensure that food regulatory services are delivered in a co-ordinated way making best use of available resources. As part of this partnership, Council’s Environmental Health Officer’s (EHO’s) carry out food inspections under the Food Act, 2003 to determine compliance with Food legislation. In addition to this, EHO’s investigate all food related complaints and institute enforcement action when deemed necessary.

Bakeries are inspected as part of Councils routine food inspections. A bakery (also called bakehouse) is a food premises which produces and/or sells baked goods from an oven such as breads, pies, bagels, pastries, cakes, biscuits, cookies and muffins. Some retail bakeries and many new bakeries are also cafés, serving coffee and tea to customers who wish to enjoy the freshly baked goods on the bakery's premises. Within the Waverley area, there are a number of food premises that cover a majority of the above styles of bakeries, however this study will focus on the bakeries that produce bread and/or bread related products including rolls, buns, dampers, sour dough etc.

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This has been narrowed down to allow the Environmental Health Section to focus of specific issues likely to arise in this type of food premises. Food premises that only par bake have not been included in this project. Traditionally, these bakeries operate early morning where the daily produce is prepared prior to the commencement of trade. Bakeries sell a wide range of ready to eat and potentially hazardous foods and are considered high risk food premises. Food safety and hygiene are very important in any food premises. However in the course of routine food inspections it was evident that some bakeries in the Waverley area were well below food safety standards despite prior education, warnings and notices being served and therefore, it was determined that the Environmental Health section would conduct additional food surveillance targeting bakeries (“Bakery Blitz”) in order to rectify issues and raise the level of compliance. Current Position A review was conducted of all registered food premises in Waverley and based on this and knowledge acquired from previous inspections, it was determined that seventeen (17) premises prepare, bake and sell bread and bread related products. Therefore all of these premises were included in the blitz. Goals The goals of the project were:-

1. To ensure compliance with food legislation requirements. 2. To minimise the risk associated with food borne illness occurrence from bakeries in

Waverley.

3. To minimise the risk associated with food being contaminated in bakeries in Waverley.

4. To improve safe food practices amongst food handlers working in bakeries in Waverley.

5. To improve hygiene awareness and increase knowledge amongst food handlers in

Waverley. 6. To ensure bakery premises are being maintained to a high standard of construction/fit

out in Waverley to allow for effective cleaning to occur and to prevent the entry of vermin/pests.

Scope The inspections were carried out at random and followed the same procedure for all routine food safety inspections. The focus of the inspections was to assess compliance with the following requirements:

• Safe Food/skills & knowledge • Food Protection • Temperature control

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• Health & hygiene requirements • Cleanliness of premises • Cleanliness of fixtures, fittings & equipment • Maintenance/construction • Pest Control

Results/Discussion Food Safety Standard 3.2.2 Food Safety Practices and General Requirements sets out specific food handling controls related to the receipt, storage, processing, display, packaging, transportation, disposal and recall of food. Other requirements relate to the skills and knowledge of food handlers and their supervisors, the health and hygiene of food handlers, and the cleaning, sanitising and maintenance of the food premises and equipment within the premises. If complied with, these requirements will ensure that food does not become unsafe or unsuitable. Of the sixteen (16) inspections carried out, three (3) of the premises were found to be complying with all areas of food safety on the first and initial inspection. Of the remaining thirteen (13) premises several breaches were observed in a number of areas, below is a break down of the issues identified. Safe Food/skills & knowledge This requirement ensures that food businesses take all practical measures to ensure that only food that is safe and suitable for human consumption are sold. Food businesses must make sure that people who carry out or supervise the handling of food have appropriate skills and knowledge in food safety and food hygiene matters. Formal training is not currently required. Food handlers can acquire skills and knowledge through, for example, ' in house' training, reading information provided by their employer, following specified operating procedures, or attending courses run by industry associations. This however, will change with the introduction of the Food Safety Supervisor requirements, where at least one (1) person will be required to have undergone formal training.

There were many examples of food handlers having poor food hygiene and safety knowledge particularly with regard to food storage, hand washing requirements and cleanliness. During the inspection process, considerable time was taken to provide education on matters observed. However, with the introduction of the Food Safety Supervisor scheme, an additional onsite level of protection for day to day food safety will be added to these businesses commencing 1 October 2011. Food Protection Food protection refers to various food handling controls aimed at preventing food contamination. Contamination means the introduction of a contaminant into food and may be biological (microorganisms/germs), chemical (including metals and pesticides) or physical (foreign matter such as glass, hair and insects) that can compromise food safety or suitability. Common issues associated with bakeries that have been identified as likely scenarios where contamination could occur are:-

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1. The displaying of baked goods on the front counter without protection i.e. uncovered and exposed to possible contamination. This exposes food for sale to contamination by customers, flies and other insects, dust and fumes. A Penalty Infringement Notice (PIN) was issued to one bakery for continued breach of this offense. (Refer appendix – Photo 1 & 2) When food is to be displayed on counter tops it must be covered by using plastic food wrap, sealed containers, glass or perspex screens, food covers or other effective measures.

2. Food being stored on the floor, particularly bags of flour, sugar, and other dry

ingredients. This makes it difficult to identify if any vermin activity is occurring as thorough inspections of floor areas are not possible. Activities including the gnawing of bags, often goes undetected until contamination had occurred. Food must be stored up of the floor so that it does not come into direct contact with the floor surface and to allow effective cleaning to take place. Several warnings were issued concerning this and problems were resolved with education.

3. Food being stored uncovered in refrigerators and opened food not being kept in

vermin proof containers. Improvement Notices were issued requiring food businesses to provide adequate vermin proof food storage containers and compliance was achieved.

Temperature Control

One of the most common causes of food-borne illness is the storage and display of potentially hazardous foods at inadequate temperatures for extended periods. This can lead to the rapid and sustained growth of food poisoning bacteria. Examples of potentially hazardous foods sold in bakeries include sandwiches, quiches and open pies containing meat, chicken or egg products.

A food business must, when storing and displaying potentially hazardous food, store it under temperature control. Temperature control means maintaining cold food at a temperature of 5oC or below or hot food at 60oC or above.

All food businesses that handle potentially hazardous foods are required to have a readily accessible, accurate, probe-type thermometer (must have an accuracy of +/- 1oC). It is good practice to monitor the temperature of hot or cold foods under operating conditions to ensure adequate temperature control is being maintained. One (1) Improvement Notice was issued requiring a thermometer be provided for the monitoring of potentially hazardous foods. Health & Hygiene requirements This requirement relates to food handlers personal hygiene. Generally it covers:-

• Hand washing requirements. • Maintaining clean hands and fingernails at all times. • Using tongs or disposable gloves when handling ready to eat food. • Prohibiting smoking and spitting in food premises. • Maintaining clean clothing.

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Three (3) verbal warnings were issued for suspected smoking in food preparation areas. Whilst this was strongly denied, there was evidence to suggest otherwise and therefore will be followed up with random surveillance. (Refer appendix – Photo 3 & 4) There were several problems identified with regards to hand washing facilities. These issues ranged from no provision of soap and adequate hand drying facilities to using a wash hand basin for purposes other than washing hands, arms and face. i.e. being used as a wash up sink. Written warnings were given in these cases but repeat offences will incur an on the spot fine. (Refer appendix – Photo 5) Cleanliness of premises Under the Food Standards Code 3.2.2 Section 19 (1), a food business must maintain a food premises to a standard of cleanliness where there is no accumulation of garbage, recycled matter, food waste, dirt, grease or other visible matter on floors, walls and ceilings. Of the 16 premises inspected, five (5) premises were issued with Penalty Infringement Notices for breaches of this requirement. In these instances, the premises were found in an unclean state where accumulations of dirt, grease and decaying food matter were found adhered to floor and wall surfaces. The accumulations ranged in colour from yellowy-orange to black indicating that it had been there for some time and little or no effort had been made to keep the premises clean. Where cleaning schedules are non existent or disregarded this build up of rotting food matter becomes the perfect breeding ground for pests and vermin. (Refer appendix – Photo’s 6-9) In addition to the issuing of PIN’s, six (6) premises were issued with Improvement Notices requiring cleaning to specific areas be carried out by a given date as well as one (1) warning letter. To date all premises have complied with these notices however additional inspections will be carried to establish if cleaning schedules have been maintained and good house keeping practices have been sustained. Cleanliness of fixtures, fittings & equipment This requirement relates to the cleanliness of fixtures, fittings and equipment including food preparation benches, shelving, ovens and other cooking appliances, utensils, racks and trays, refrigerators, coolrooms and any other article used in the preparation and storage of food for sale. Of particular public health concern was the number of breaches identified in this area. It is often these utensils and items that come into direct contact with food and if unclean can directly contaminate food. Two (2) premises were issued with PIN’s for breaches of this requirement. In these cases the unhygienic items were primarily the dough mixers, baking trays and cooling racks. Hardened grease and decaying food matter of up to 25mm thick and varying in colour from orange to black was observed adhered to surfaces again indicating that these items had not been cleaned for sometime. The state of some baking trays that come into direct contact with food was of major concern as several were found in a very unclean state. This is an area that extensive education was provided and will be targeted during future inspections.

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In addition to this, six (6) Improvement Notices were issued requiring cleaning to be carried out to various articles of equipment, fittings & fixtures. Currently, all premises have complied with the notices however on going inspections will be carried out to ensure they are maintaining a satisfactory level of cleanliness. (Refer appendix – Photo’s 10-18) Maintenance It is a requirement of Food Safety Standards 3.2.2 (clause 21) that food businesses must maintain the food premises, fixtures, fittings and equipment in a good state of repair. Generally, the standard of construction and fit out was poor. Several premises did not have a maintenance program in place and had allowed flooring, wall tiles, fixtures and equipment to deteriorate to such an extent that effective cleaning was not possible. In particularly the floors of several bakeries were in a state of disrepair, some contained broken, missing and/or damaged floor tiles. In some instances, this had created a number of large crevices where water, food particles, grease and grime had accumulated and was left decaying on the floor providing a food source to vermin and insects. (Refer appendix – Photo’s 19-23) Floors are to be constructed of materials which are impervious, non-slip and non- abrasive, capable of withstanding heavy duty operation, and have an unbroken surface. Four (4) on the spot fines were issued to premises that had been previous warned and requested to keep the premises in a good state of repair. In addition to this, Improvement Notices were also issued giving up to 3 months for compliances to allow adequate time for work to be carried out with minimal disruption to trading. In one case, a development application was lodged for a complete new fit out. In most cases, these works are still underway or are yet to be commenced. Upon expire of the Notices further inspections will be carried out to ensure compliance. Pest Control It is a requirement of Food Safety Standards 3.2.2 (clause 24) that food businesses must:-

a) Take all practicable measures to prevent pests (including birds, rats, mice, cockroaches, spiders and flying insects) from entering the premises.

b) Take all practical measures to eradicate and prevent the harbourage of pests on the premises.

One (1) premises was found to have a serious cockroach infestation and as such an on the spot fine was issued. In this case, cockroaches were observed in boxes of flour, condensed milk and icing sugar. An infestation consisting of cockroaches in all stages of their lifecycle were observed in the fridge seals of a cabinet refrigerator. Alive and dead cockroaches were also observed throughout the food preparation area. All contaminated food was discarded immediately. Other issues included birds, mainly pigeons entering rear delivery areas or customer service areas as well as heavy fruit fly activity in food preparation areas. (Refer appendix – Photo’s 24-25)

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Analysis • Financial There will be additional costs in conducting additional inspections and

surveillance however, this can be provided from the current budget and income raised from the fee changed for Improvement Notices and Penalty Infringement Notices.

• Delivery Program/Operational Plan This report meets the objectives of Council’s

Management Plan with regard to conducting regulatory inspections and ensuring a high standard of public health is maintained in Waverley.

• Consultation Council works in partnership with the NSW Food Authority. Timeframe It is envisaged that all recommendations would be implemented within a six (6) month time frame. Recommendation: That:

1. Environmental Health Officers (EHO’s) continue to conduct regular routine inspections of bakeries including monitoring areas identified as high risk and ensuring maintenance programs are completed.

2. Environmental Health Officers (EHO’s) circulate promotional food safety information

including the “Safe Food Handling 2011 Calendar”, “Guideline to Food Safety Supervisor Requirements”, Food Shop Cleaning and Maintenance Plan”, “Handy Hints–Tips for Operating a Food Shop”, and “Wash your Hands” stickers to all bakery premises in Waverley.

3. Council’s EHO’s continue to liaise and work in partnership with NSW Food Authority.

Peter Brennan Director, Planning & Environmental Services Author: Simone Brennan

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Appendix Food Protection (Photos 1-2) Photo No 1 & 2 - These photo shows examples of bread and other baked good that are exposed and not protected from likely sources of contamination i.e. flies, customers hands, dust etc

Photo 1

Photo2

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Health & Hygiene requirements (photos 3 -5)

Photo No 3 - This photo shows cigarette butts found in a stainless steel tray at the rear door of a food preparation area.

Photo 4 - Showing a cigarette butt sitting on top of a food storage container.

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Health & Hygiene requirements

Photo No 5 - This photo shows a wash hand basin being used for purposes other than hand washing. Cleanliness of premises Photos (6-9) - These photos are examples of unclean premises (walls, floors and ceilings). In particularly floors were found with accumulations of decaying food matter, grease and dirt.

Photo No 6

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Photo No 7

Photo No 8

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Photo no 9 Cleanliness of fixtures, fittings & equipment Photos (10-18) These photos are examples of unclean fixtures, fittings and equipment. In particular baking trays, cakes tins, refrigerators and proofing ovens were found with accumulations of grease, grime and decaying food matter adhered to their surfaces.

Photo 10 – baking and cooling racks

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Photo 11

Photo 12

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Photo 13

Photo 14

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Photo 15

Photo 16

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Photo 17

Photo 18

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Maintenance Photo No (19 -23) - These photos show examples of premises not being maintained to a satisfactory state of repair.

Photo 19 – floor of a food preparation area, extremely damaged and unable to be effectively cleaned.

Photo 20 - floor of a food preparation area, extremely damaged and unable to be effectively cleaned.

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Photo 21- unsafe power and condensation collection in a coolroom

Photo 22 – missing wall tiles and damaged sink frame to such an extent that effective cleaning is not possible.

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Photo 23 – coolroom floor that is not smooth and impervious to grease and water Pest Control

Photo 24 showing a ceiling of a food preparation area containing heavy deposits of fruit fly excreta.

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Photo 25 showing garbage facilities being stored directly adjacent to raw ingredients. Pigeons were observed flying into this area through adjacent roller doors.

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Liquor Licence arrangements for the service of alcohol by Tamarama Rock Surfers at the Bondi Pavilion Theatre (A07/0573-02) Report dated 15 March 2011 from the Director, Recreation, Customer & Community Services about the liquor licensing arrangements between the Tamarama Rock Surfers Theatre Company and Council as part of the Resident Theatre Company licence agreement. Recommendation: That Council approve the appointment of Mr David Jank as the ‘Appointed Bar Manager’ of the On-Premises licence for the Bondi Pavilion Cultural Centre. Purpose of Report This report will provide background information on the liquor license arrangements agreed between the Tamarama Rock Surfers (TRS) and Council as part of the Resident Theatre Company initiative at the Bondi Pavilion and outline the main points of the liquor licence arrangements for the responsible service of Alcohol at the Pavilion. Background / Introduction In 2009, Council and TRS negotiated the operational details and program for the Pavilion Theatre, as well as the arrangements for managing the bar and functions in the Pavilion. The resulting licence agreement has now been finalised and executed by both parties. The agreement is an exclusive licence for the Tamarama Rock Surfers to be the Resident Theatre Company and provider of service of alcohol in the bar area for the theatre and functions on the upper level of the Pavilion. The licence provides TRS with non-exclusive use of the common Pavilion areas and provides for certain exclusion periods such as Christmas – New Year when the Pavilion is used for other purposes. It is for an initial term of three years plus a two year option. Council is in the process of changing the conditions of the existing ‘On-Premises’ liquor licence (previously a Theatre Liquor Licence) which will permit the sale of alcohol to function patrons in the Pavilion as well as to theatre patrons. Waverley Council will remain as the licensee of the On-Premises liquor licence and under the agreement with TRS, their employee will be the designated manager of the licence. TRS will employ a Bar Manager to service functions in the Seagull Room and foyer, as well as the bar for the Theatre. TRS will be responsible for all staffing, patron management and overhead costs. They will retain the revenue from drink sales and Council will receive the revenue from the venue hire of the Seagull and Ocean Rooms. Under the agreed arrangements, the foyer and part of the balcony leading to the Seagull Room will be cordoned off so that function hirers and theatre patrons can be managed separately. For safety and management reasons, BYO alcohol will not be permitted upstairs in the Pavilion. To compensate, TRS will offer a heavily discounted price to charity fundraising events and the High Tide Room will be available for BYO functions provided that an alcohol management plan has been provided by the hirer. Flagship events, such as the South American Festival, Flickerfest and Bondi Open Air, run by or in collaboration with Council will have the option of using TRS to supply and manage

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alcohol or continue to utilise existing arrangements with other licensees for events in the courtyards and High Tide Room. As part of the licence application process to the NSW Office of Liquor Gaming and Racing, Waverley Council is required to appoint a manager for the management of the On-Premises licence and responsible service of alcohol. TRS have now employed Mr David Jank as their approved Bar Manager. Mr Jank has submitted his CV to Council which demonstrates the necessary skills, experience and qualifications to fulfil the role of Bar Manager for scheduled events, functions and programs at the Bondi Pavilion. Mr Jank has over eight years experience in the hospitality industry both in Sydney and overseas with the majority of that time in management positions. His most recent position was Bar Manager at the Old Fitzroy Hotel (for five years) which operates the Old Fitzroy Theatre as part of the venue. Mr Jank has also submitted a comprehensive bar management plan to Council for staff approval. Analysis • Financial NIL. There are no direct financial implications or costs to council in regard to

this recommended appointment • Delivery Program/Operational Plan This appointment will allow TRS to meet their

obligations under the licence agreement with Council thereby helping to meet the Delivery Plan targets identified in a previous Report to Council.

• Consultation As previously noted, community consultation on this initiative was

undertaken for the Bondi Pavilion Purpose Statement policy document in 2008 and during research for the ArtsPlus Plan.

Timeframe Prompt approval for the appointment of David Jank as bar manager is requested to allow the submission of required liquor licence changes to the NSW Office of Liquor Gaming and Racing. Recommendation: That Council approve the appointment of Mr David Jank as the ‘Appointed Bar Manager’ of the On-Premises licence for the Bondi Pavilion Cultural Centre. Meredith Wallace Director, Recreation, Customer and Community Services Author: Chris Maclean Divisional Manager, Cultural & Community Services

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waverley council

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