ENVIRONMENTAL HEALTH DEPARTMENT ENFORCEMENT
POLICY
APPENDIX TWO
REGULATORY SERVICES AND LICENSING
GENERAL
1
All enforcement action will be based upon an assessment of risk
to public health and/or the environment.
2
All enforcement action will be based upon an objective
assessment following consideration of all the facts of the matter.
Enforcement action will not be based on anecdotal, hearsay or
other subjective assessment.
3
It will not be normal practice for formal enforcement action to be
used as a punitive measure for minor technical contravention.
4
All enforcement action shall have regard to relevant legislation,
codes of practice, and guidance periodically issued by the
government, the Chartered Institution of Environmental Health,
the Home Office, Local Government Regulation, DCMS,
Gambling Commission and other relevant bodies. This also
includes the Human Rights Act and the test of proportionality.
Regard will also be had to departmental procedures and work
instructions. In respect of matters relating to the Licensing Act
2003
5
All authorised officers, when making enforcement decisions will
abide by the requirements of the Enforcement Policy. Any
departure from this policy must be exceptional, be capable of
justification and be fully considered by the Head of
Environmental Health before the decision is taken, unless there
would be a significant risk to public health and/or safety by
delaying the decision.
6
The reference to enforcement action taken by the department in
this document is separate from any administrative sanctions
which may imposed by the Council or a Committee of the
Council (including suspension; revocation or failure to renew a
licence or registration)
Page 1 of 3
This document has been management approved, in accordance with the
Quality Management System and is awaiting ratification of Cabinet.
TYPES OF ACTION
1.
Formal Action
a
b
Formal action to secure compliance with legislation may
include:
•
Formal verbal warning (confirmed in writing)
•
Formal written warning
•
Unfit Vehicle Notice (HC or PHV)
•
Suspension of Drivers Licence
The circumstances where it is appropriate to use formal
action include:
•
There are significant contraventions of legislation
or failure to comply with Licensing Conditions.
•
There is a lack of confidence in the
individual/business to respond to an informal
approach
•
There is a history of non-compliance with informal
action
•
The consequence of non-compliance could be
potentially serious to public health and/or safety of
both the public and employees
•
Although prosecution is intended, immediate or
swift action is necessarily required to remedy a
serious threat to public health.
c
Verbal Warning - Authorised officers issuing verbal
warnings shall specify clearly the reason for the warning,
the relevant statutory provision being (or likely to be
breached, the works or actions required if any, and the
time limit in which to carry out any works.) In the main,
verbal warnings will be issued for matters requiring action
in the immediate or very short term. Verbal warnings will
be confirmed in writing at the earliest opportunity.
d
Written Warning - Formal written warnings or requests
for works or actions to be carried out shall specify the
reasons, the relevant statutory provisions being, or likely
Page 2 of 3
This document has been management approved, in accordance with the
Quality Management System and is awaiting ratification of Cabinet.
to be breached, the works or actions required and the
time limit in which the individual/businesses should
comply. The recipient of the letter shall be advised that
failure to comply may lead to the issue of a statutory
notice by the council.
e
Unfit Vehicle Notice (hackney carriage or private hire
vehicle)
The circumstances where authorised officers will consider
the issue of an unfit vehicle notice (which maybe
deferred) are detailed in the Council’s Private Hire and
Hackney Carriage Policy and Conditions.
Unfit vehicle notices will only be issued and signed by
those officers authorised to do so.
Generally failure to comply with an unfit vehicle notice will
result in the authorised enforcement officer of the council
seeking authorisation to instigate legal proceedings in
respect of contraventions of legislation.
Page 3 of 3
This document has been management approved, in accordance with the
Quality Management System and is awaiting ratification of Cabinet.