Supplementary Memorandum Submitted by the Department for Communities and Local Government

 

 

SELECT COMMITTEE INQUIRY INTO PUBLIC TOILET PROVISION - FOLLOW-UP TO ORAL EVIDENCE SESSION ON 9 JUNE

 

Thank you for inviting me to present oral evidence to the Committee regarding its inquiry into public toilet provision. This offered a valuable opportunity to set out again why the Government believes that good quality public toilets are important, and the positive steps that we are taking with local authorities and other local stakeholders to improve provision.

 

I promised to follow up by providing further details on the following issues that we discussed:

 

1. Why are certain cafes and large coffee shop chains not required to provide toilets for their customers?

 

2. Local Authority Business Growth Incentives (LABGI) - how has this been used to fund public toilets?

 

3. Changing Places campaign - Government's proposals for encouraging provision for the severely disabled

 

I deal with each of these in turn below. I also include a short note on what the Department for Transport are doing to improve toilet provision at train stations - this was also an issue of interest to the Committee.

 

 

Why are certain cafes and large coffee shop chains not required to provide toilets for their customers?

 

Section 20 of the Local Government (Miscellaneous Provisions) Act 1976 gives local authorities a power though which they can require toilets to be provided and maintained for public use in a wide range of premises - i.e. any place providing entertainment, exhibitions or sporting events, and places serving food and drink for consumption on the premises. This is a discretionary power which may be used where a lack of customer toilets causes a problem either on the premises or nearby. But the exercise of the power is contestable, and a local authority needs to be able to show that its use is reasonable in all the circumstances.

 

Local authorities normally use the British Standards guidance on sanitary installations to determine the appropriate number of customer toilets when considering premises licence applications. In addition the Health, Safety and Welfare at Work Regulations 1992 can be used to require toilet provision for staff.

 

We believe that local authorities are best placed to make these judgements, taking into account the specifics of each case and the British Standards guidance. The Strategic Guide aimed to ensure that local authorities are aware that they hold this power, and use it appropriately as local circumstances dictate.

 

 

Local Authority Business Growth Incentives (LABGI) - how has this been used to fund public toilets?

 

LABGI provides an incentive for local authorities to promote economic growth in their area by allowing them to retain a share of increases in revenue derived from business rates. It is for local authorities to decide how their reward is spent.

 

In May 2008, Hertsmere Borough Council decided to use £40,000 LABGI funding to pilot a community toilet scheme in Borehamwood for 12 months, starting this summer. The report to the Executive Committee recommending the approach referred to CLG's Strategic Guide, which highlighted the potential benefits of the community toilet scheme approach. This shows that the Guide is already influencing the thinking of local authorities.

 

The Strategic Guide also refers to the Croydon Business Improvement District which, in partnership with the Whitgift Shopping Centre and National Car Parks renovated, and now maintains, two public toilets in the town centre that had previously been closed for some years.

 

 

Changing Places campaign

 

We are pleased to be working with the Changing Places campaign on the appropriate design of toilet facilities for severely disabled adults. These needs were already partley addressed in the 2004 Edition of the Advisory Document of Part M (Access to and use of buildings) of the Building Regulations included a new clause (5.6) on the desirability of including separate facilities in large developments for baby changing and an enlarged unisex toilet incorporating some suitable facilities for severely disabled adults.

 

Since then, CLG officials have been considering with the Changing Places consortium how policy might further develop. We are working with the British Standards Institute on the latest update of "BS8300 Design of Buildings and their approaches to meet the needs of disabled people - Code of practice", a revised draft of which was issued for public comment at the end of May this year.

 

The proposed revisions to BS8300 include, for the first time, detailed technical guidance on the design of Changing Places facilities. This will provide a strong platform for considering possible further changes to Part M, as well as providing technical guidance for planning authorities and developers wishing to include facilities in future developments. We do not propose dedicated funding for this particular type of provision, but the Guide highlighted some of the options that may be used to support provision of Changing Places toilets. Consultation closes on 31 July and the review should be completed by the end of the year.

 

We are also aware that the disabled drivers mapping portal[1], available via the Directgov website, lists amongst other things accessible public toilets in 115 towns and cities across the UK including the location of Changing Places facilities. So far, details of 21 such facilities are available and work is ongoing to include details of more than 20 locations over the coming weeks.

 

Public toilets at train stations

 

We have made good progress in ensuring that colleagues at the Department for Transport are aware of the importance of good public toilet provision. Rosie Winterton, Minister of State for Transport, endorsed the Strategic Guide with the following words:

"The ready availability of public toilets is an important issue for everyone using public transport. The Department for Transport is particularly keen to ensure that toilets at train stations and on trains and aeroplanes are available and accessible to disabled passengers. I therefore welcome this Guide which supports and supplements the work that we are doing to help transport operators and local authorities make access improvements that really matter."

And the Guide also highlighted DfT's "Access for All Small Scheme Funding", which has helped to improve accessible toilet facilities at over 40 locations.

Under the franchising arrangements, franchisees are expected to maintain onboard provision of toilets where appropriate and to maintain existing facilities at stations where they are the Station Facility Owner. The Rail White Paper "Delivering a Sustainable Railway" (July 2007) earmarked £150 million to modernise 150 stations across the country which will focus on medium-sized stations that are run down or lack basic facilities and addresses any area that the railway has neglected for too long, which might include public toilets, although it does not explicitly say so.

 

 

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[1] This can be accessed at: www.direct.gov.uk/en/DisabledPeople/MotoringAndTransport/Bluebadgescheme/DG_10038295