Corporate enforcement policy

9.1 Enforcement officers will exercise discretion in the use of their range of powers and any policy should not restrict the officers in the use of their judgement based on expertise, experience, and delegations.

9.2 Officers will normally consider a staged approach to enforcement. However, this policy recognises that formal action in the first instance can be appropriate, in certain circumstances

9.3 Using the General Principles of good regulation referred above, the Council will ensure that it’s enforcement actions are consistent and aim to:

• Protect the public and businesses from harm as well as change the behaviour of the offender

• To deter future non-compliance and reassure the community

• Eliminate any financial gain or benefit from non-compliance

• Be proportionate to the nature of the offence and the harm caused and

• Be responsive and consider what is appropriate for a particular issue, which can include sanctions

9.4 Enforcement decisions and actions will be made with due regard to the provisions of:

• the Human Rights Act 1996

• the Equality Act 2010

• Service-specific legislation and guidance

• Internal policies

9.5 The decision to use enforcement action will be taken on a case-by-case basis. The action taken, which may be immediate, will be proportionate to the gravity and nature of the non-compliance.

9.6 Factors that will be taken into consideration include, but are not limited to:

• the risk that the non-compliance poses to the safety, health or economic welfare of the public at large or to individuals

• evidence that suggests that there was pre-meditation in the commission of an offence

• alleged offence involved a failure to comply in full or in part with the requirements of a statutory notice or order

• there is a history of previous warnings or the commission of similar offences

• aggravated circumstances such as obstruction of an officer or aggressive behaviour towards the public

• the offence, although not serious itself, is widespread in the area where it is committed

• death or risk of death or serious injury was a result of a breach of legislation

• the gravity of an alleged offence, taken together with the seriousness of any actual or potential harm

• the general record and approach of the offender

• there has been reckless disregard of health and safety requirements in line with the Enforcement Management Model.

• there has been a repetition of a breach that was subject to a formal caution

• false information has been supplied wilfully, or there has been an intent to deceive

9.7 There are a number of potential enforcement options available to the council to achieve compliance. These include but are not limited to:

• Informal Action, including Compliance advice, guidance and support.

• Fixed Penalty Notices - Certain offences are subject to fixed penalty notices where prescribed by legislation. Where legislation permits an offence to be dealt with by way of an FPN, we may choose to administer an FPN on a first occasion without issuing a warning.

• Refusal, Revocation or Suspension of Licence - The council may refuse, revoke or suspend a licence where representations or objections are received to an application

• Licence Review - Under the Licensing Act 2003 the council has the power to apply to have a Premises Licence reviewed by the Licensing Committee where activities at the premises appear to be undermining one or more of the four Licensing Objectives (the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

• Statutory Notices - Certain legislation allows notices to be served requiring specific actions to be taken, provide certain information, or cease certain activities. Notices may require activities to stop or cease immediately where the circumstances relating to serious threat to health, safety, the environment or to amenity and situation deteriorate, if a breach is not remedied quickly.

• Injunctive Actions - Injunctive actions can be taken in conjunction with or as an alternative action to combat failure to comply with regulatory requirements or to abate anti-social behaviour. An injunction should only be applied for when it is considered necessary and is a proportionate response to the offending behaviour.

• Enforcement Orders - In some circumstances, the Council may seek formal orders or injunctions from the Court to ensure that a breach is rectified or to prevent a breach from occurring

• Simple Caution - Where the evidential thresholds are met and the enforcement principles have been satisfied, the Council may decide to issue a Simple Caution as an alternative to prosecution for some less serious offence.

• Confiscation Proceedings under the Proceeds of Crime Act 2002 - For confiscation of assets in serious cases. The purpose of this is to recover the financial benefit that the offender has obtained from their criminal activity.

• Seizure of plant, food, equipment, paperwork and goods - In some situations, council officers have powers to seize goods, equipment and documents, either to prevent the occurrence of an incident, to ensure that an activity ceases, to investigate an incident, or to ensure that it does not occur.

• Prosecution - A prosecution will be undertaken when the evidence passes the “Evidential Test” and it is in the public interest to do so.

• Work in Default -Where the council has served a notice requiring works such as improvement, prohibition or to otherwise remediate a non-compliance notice and the person receiving the notice does not comply with it, the council may exercise powers available to arrange for the work to be carried out and the full costs recovered

• Any other enforcement action prescribed in current legislation.