Corporate enforcement policy

There are a number of key considerations influencing this policy. The overriding one is the need to manage enforcement more effectively and efficiently. The aim is to use all aspects of enforcement and regulation to maximise impact ensuring that the community and businesses alike take responsibility for their actions so that Welwyn Hatfield is a place that people enjoy living and working in and are proud of.

3.1 This policy is based on the statutory principles of good regulation, namely:

• Proportionality: to ensure that action taken relates directly to the actual or potential risk (for example to health, safety or the environment.)
• Accountability: to a number of interested parties. This may include Welwyn Hatfield Council elected members, local and national businesses, members of the public and national regulatory bodies.
• Consistency: to ensure that similar issues are dealt with in the same way, having regard to and making full use of guidance produced by Government and other national agencies.
• Transparency: to ensure enforcement action to be taken by the Council is easily understood. Clear distinctions will be made between legal requirements and recommendations about good practice which are not compulsory.
• Targeted: regulation will only take place in cases where action is needed.
• Public Interest Test – Once the evidential thresholds have been met, the Council will consider whether the pursuit of enforcement sanctions is in the public interest. Suspected criminal offences should not automatically be the subject of prosecution, but prosecution should follow wherever it appears that the offence or its circumstances is or are of such a character that a prosecution is required in the public interest. Each case will be considered on its own merits. In considering whether actions are in the public interest, the Council will have regard to the relevant factors, including:
  • The seriousness of the contravention or breach i.e. the detriment or potential detriment, risk of loss, actual loss, number of parties affected and risk of harm;
  • The likelihood of achieving compliance i.e. the person’s ability to comply and efforts made to comply;
  • The age of the offence or breach (staleness) – (unless the offence is serious; the delay was caused by the defendant; the offence or breach has only recently come to light; or the complexity of the offence breach required a lengthy investigation);
  • If there is an element of fraud, intent, or gross negligence in commission of the offence or breach the risk of re-offending;
  • The offence, though not serious in itself, is widespread in the area;
  • The frailty or youth of any individual likely to be proceeded against (always bearing in mind the seriousness of the offence or breach);
  • The previous history of the business or individual – including previous advice given;
  • Whether the victim was vulnerable, put in considerable fear, suffered personal attack, damage or disturbance;
  • Whether or not violence was used/threatened;
  • Whether or not the offence or breach was committed against a person serving the public (e.g. obstruction/assault of Council staff); o Important but uncertain legal points may have to be tested by way of prosecution;
  • Any relevant case law
• Public Sector Equality Duty - All enforcement decisions will be taken in compliance with the council’s public sector equality duty.

3.2 All enforcement action will be undertaken without regard to age, disability, gender reassignment, marriage or civil partnership, pregnancy, race, religion or belief, sex, or sexual orientation. Enforcement action taken against an individual or organisation will be consistent with the Council’s commitment to equality and diversity. While these general principles will apply, it must be recognised that each individual case will vary and each must be considered on its own merits before a decision is reached.

3.3 Where offending causes a cost to the council, it will seek to recover the costs of dealing with that offending from those that are responsible.

3.4 The Council is committed to good enforcement practice. In addition, some of its service areas are required by law to follow the Regulators Code principles.

3.5 The council’s primary enforcement duty is to protect the safety of the public, their health and safety and the environment. At the same time the council is committed to promoting a thriving local economy by carrying out its enforcement functions in an equitable, practical, transparent, and consistent way.