Enforcement Methods
We enforce these laws by using an appropriate mix
of
- proactive monitoring work
- advice to stakeholders and service users
- specific, targeted enforcement campaigns
- general inspection of premises
- risk assessed investigations of complaints and service
requests
The above may involve visits to trade premises, the
sampling/testing of products, and the monitoring of all forms of
advertising.
Our targeted campaigns are based, wherever possible, on
intelligence gleaned from complaints and information received an
understanding of national issues and local knowledge. Our
inspection work is prioritised in accordance with a risk
assessment.
An individual risk assessment of every premises visited is made
and recorded, to improve future targeting and to enable effective
monitoring.
In the preparation of this policy full account has been taken of
the Code of Practice for Crown Prosecutors produced by the Crown
Prosecution Service.
Additionally, the Enforcement Concordat has been formally
adopted by the services of the Council falling within the scope of
this policy and they will undertake to periodically monitor their
performance against it.
Wherever Officers of the Council are involved in the
investigation of a matter in which other enforcement agencies have
an interest they will, at the first opportunity, discuss the matter
with representatives of the other agencies and determine the most
appropriate way forward, having regard for the duties and
responsibilities of all involved. This will normally result in one
agency being nominated to take the lead.
In our enforcement work, we recognise the need
for:
- Courtesy towards those we regulate
- Consistency in our interpretation of the law
- Equity in our dealings with different businesses, and
- Proportionality between any remedial action we require and the
nature of the infringement we are dealing with
To achieve this, we plan enforcement work in advance, as far as
is practicable, allocating appropriate staff and providing written
briefings to indicate the work they are to undertake and the manner
in which it is to be carried out.
We aim to provide our staff with adequate training, support and
facilities to enable them to fulfil their roles politely,
efficiently and fairly, and we monitor their performance by means
of surveys of businesses they have dealt with.
We maintain close links with other local authority services in
the region, and have regard to national guidelines and best
practice to ensure our approach to issues is consistent with that
of other Authorities. In imposing any corrective action, and in
deciding whether to report any infringements for prosecution, we
have regard to the fact that small businesses, individuals and
voluntary enterprises will often not have the same resources as
larger organisations to enable them to keep abreast of legal
requirements and to effect rapid changes to their practices.
Before reporting for prosecution, or taking any other legal
action, we will give business or individuals an opportunity to put
their point of view (unless circumstances dictate immediate action,
e.g. to ensure safety or to preserve evidence).
If we exercise any legal powers in contemplation of legal
proceedings, we will where appropriate and practicable, give
written notice to businesses or individuals explaining the extent
of those powers and the nature of any equivalent rights, which the
they may have.
We recognise the importance of ensuring that due regard is given
to the human rights and equality of all individuals with whom we
have dealings.
We recognise that prevention is better than
cure, and that an important part of our job is to advise
businesses and individuals of their obligations and to alert
consumers and others to pitfalls.
We will provide legal advice to businesses and individuals on
request, within the limit of our resources. We operate the LACOTS
'Home Authority' principle and recognise the particular needs of
smaller businesses and individuals for guidance in specialist areas
of law.
We provide written advice on legal requirements in the form of
Guidance Notes and Fact Sheets, as well as publicising information
and warnings in the press and broadcast media as appropriate.
We aim always to make our advice easy to understand, and to
clearly differentiate between legal requirements and best practice.
Verbal advice will always be confirmed in writing on request.