Public Protection Enforcement Policy
Introduction, purpose of enforcement, scope and principles
Introduction to the Public Protection Enforcement Policy.
1. Introduction
1.1 This policy addresses the practical application of the Public Protection enforcement procedures and aims to provide a fair and effective approach to enforcement action by officers of the authority.
1.2 All enforcement action must be compliant with relevant legislation and guidelines and must be fair, clear, transparent, consistent and robust.
1.3 The policy covers all aspects of the service and seeks to assist officers in the decision making process when dealing with enforcement issues. It sets out a consistent approach regarding the use of formal and informal mechanisms at their disposal to achieve effective and efficient compliance with relevant statues.
2. Purpose of enforcement
2.1 The service supports the judicious use of statutory powers as an effective means of ensuring that businesses and individuals, local premises, practices and activities comply with statutory requirements and do not put the economic wellbeing, health and safety or amenity of the general public, employees, other businesses or consumers at risk. We will assist and advise wherever possible but will also take firm action against those who act irresponsibly or flout the law.
3.1 Scope
3.1 This policy applies to all enforcement activities taken by the Public Protection Service.
3.2 This policy should be read in conjunction with any service specific and corporate policies and procedures as well as national guidance on enforcement issues, and the Public Protection Enforcement and Legal Process Manual.
3.3 Enforcement in the context of this policy includes action carried out in the exercise of statutory enforcement powers and duties. It includes the inspection of premises, the provision of advice as well as formal enforcement including fixed penalty notices, statutory notices and prosecution.
3.4 All officers will follow this enforcement policy as far as reasonably practicable. Any departure from the policy, for example to deal with situations of urgency or imminent risk, must be justifiable and be approved by the appropriate line manager when practicable, which may be after the event.
3.5 There may be circumstances where shared or complementary enforcement action may be taken with other agencies. In such cases the decision on enforcement options shall have regard to any relevant policies and procedures of the other agency.
4. Principles
4.1 Regulatory effort will be directed in accordance with the Government's "Regulator's Code", and as regulators the council will:
- carry out our activities in a way that supports those we regulate to comply and grow
- provide simple and straightforward ways to engage with those we regulate and hear their views
- base our regulatory activities on risk
- share information about compliance and risk
- ensure clear information, guidance and advice is available to help those we regulate meet their responsibilities to comply
- ensure our approach to regulatory activities is transparent
4.2 The Council has also adopted the Enforcement Concordat, which established principles of good enforcement and set out what businesses and others being regulated are entitled to expect from enforcement officers.
4.3 Enforcement activities will be conducted in an open and transparent manner. Officers will explain clearly in plain language what is expected of those to whom legislation applies and what can be expected of the enforcement service. Clear distinctions will be drawn between statutory requirements and advice or guidance regarding what is good practice but not compulsory.
4.4 The authority will seek to raise awareness about the need to comply with legislation using an educational approach to promote good practice.
4.5 We aim to provide a courteous and efficient service, and all enforcement activities will be carried out in a helpful manner, actively working with businesses to advise on compliance.
4.6 Any enforcement action will be proportionate to the risk and seriousness of the breach of legislation.
4.7 The Service will endeavour to ensure that enforcement action is consistent by taking a similar approach in similar circumstances.How ever officers will take into account many variables such as level of risk, compliance history and the attitude and actions of those involved which may result in different outcomes in what appear potentially similar investigations.
4.8 Officers engaged in enforcement activity will be expected to maintain an open mind during the course of an investigation.