FOOD & SAFETY SERVICE UNIT
POLLUTION & PRIVATE HOUSING SERVICE UNIT
Updated July 09
Statement of Enforcement Policy 1 Date printed 07/07/09
DOCUMENT MANAGEMENT DATA
Document title … Statement of Enforcement Policy
Computer location … F:A – Admin/Enforcement policy 09
Document revision date … April 09
Document prepared by … Food & Safety Manager and the
Pollution & Private Housing Manager
Checked … July 09
Next Full Revision date … April 2010
Date presented to Members
Date approved by Members
Date document placed on the Internet …
Revised by Nigel Emery, Food & Safety Manager
Jane Light, Pollution & Private Housing Manager
Date revised July 2009
Statement of Enforcement Policy 1 Date printed 07/07/09
STATEMENT OF ENFORCEMENT POLICY
1.1 This Statement outlines the enforcement policy of the of Food & Safety Unit and the
Pollution & Private Housing Unit of Weymouth and Portland Borough Council. It seeks
to ensure that all enforcement action is carried out in a co-ordinated, equitable and
1.2 Wherever possible, officers will seek to find solutions, which are arrived at by
agreement and co-operation. Advice and education will usually be used as the first
means of achieving this goal.
1.3 Officers are required to regulate activities across a wide range of businesses and
domestic situations and deal with every type of individual. Full regard will be had to the
different abilities that are encountered, and to the importance of the education and
help, which they are able to give to achieve compliance.
1.4 The aim is the protection of persons at work, the protection of the general public and
the protection of the environment from harm, caused by a failure to comply with the
legal safeguards provided. This being the case, there will be circumstances in which
enforcement is unavoidable and the Council will use its full legal powers, including
prosecution, where it is necessary to do so.
1.5 There are two distinct sides to enforcement:
a) Enforcement to achieve compliance. This ensures that the Council has
programmes in place for monitoring compliance with the various pieces of
legislation affecting businesses and individuals.
For example, there are risk based inspection programmes in place for food
premises, workplaces, authorised processes and some privately rented
Many of these risk based programmes require inspections at pre-determined
intervals, or set annual targets for the number of inspections to be made.
Because of the diversity of requirements under the many applicable pieces of
legislation and guidance it is not practicable in this document to be prescriptive
about the ways in which inspection programmes are organised and monitored.
b) Enforcement for Non Compliance In this aspect of enforcement, the options
available for taking action against businesses or individuals for ignoring or
otherwise failing to comply with their legal obligations are discussed.
1.6 For the purposes of this procedure, enforcement for non compliance includes the
a) Written warnings (sometimes known as informal notices)
b) Withholding of permissions e.g. Licences
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c) Seeking voluntary closure or cessation of an activity
d) The service of Notices, including „Minded to Take Action‟ notices
e) Revocation (of Licenses or Authorisations)
f) Simple Cautions
g) Works in Default, including seizure of equipment, food, etc
i) Civil sanctions (based on the Macrory Review recommendations)
and the Hampton Review principles outlined in the Regulators Compliance Code 2008
(see below), will be applied to all such actions.
1.7 Enforcement action may also be taken as a result of a routine visit, an accident, an
investigation, a complaint or an inspection.
2.0 Legal Provisions
2.1 Apart from specific topic based legislation, (e.g. food safety or housing law) and
approved codes of practice and official guidance relating to the technical aspects of
environmental health, there are a number of other legal or quasi-legal provisions
relating to, or having a bearing on, enforcement as a whole.
a) Police and Criminal Evidence Act ( PACE) 1984
b) Regulation of Investigatory Powers Act 2000
c) Human Rights Act 1998
d) Freedom of Information Act 2000
e) Data Protection Act 1998
f) Environmental Information Regulations 2004
g) Local Government Act 2000
h) Race Relations (Amendment) Act 2000
i) Criminal Procedures and Investigation Act (CPIA) 1996
j) Legislative & Regulatory Reforms Act 2006 (established the Regulators Compliance
k) Regulatory Enforcement & Sanctions Act 2008
2.2 Some of the above contain little more than a passing reference to the needs of
enforcement whereas some, such as PACE, CPIA and the Regulators Compliance
Code, are fundamental.
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2.3 Officers will comply with all of the relevant enforcement provisions of the above.
2.4 Whenever possible, the Council will work in partnership with other agencies and
organisations to achieve common goals on matters of mutual concern especially
where shared enforcement roles exist.
These Agencies will include, for example, the Food Standards Agency, the
Environment Agency, the Health Protection Agency, other Local Authorities and the
Health and Safety Executive, and many others, as may be appropriate.
2.5 Some enforcement action may involve consultation with other Authorities who are
working in a specific advisory capacity on behalf of a commercial enterprise. Our
regulatory services recognises the role of Primary Authorities, Home, Originating and
Lead authorities where these specific relationships have been set up and will follow
any agreed protocols whilst undertaking any relevant enforcement activities.
3.0 Specific Considerations
3.1 The enforcement policy is based on firmness and fairness. Where it is necessary,
enforcement will be undertaken without fear or favour and without consideration of
ethnic background, religion, social status, sex or sexual orientation of any persons
3.2 If any officer or Member exerts undue or improper pressure in an attempt to influence
a decision concerning enforcement, the matter will be reported to the Council‟s Chief
Executive without delay.
3.3 As a general rule and where there may be options, the level of enforcement
contemplated will be the minimum at which a satisfactory solution is thought to be
4.0 The Regulators Compliance Code
4.1 Section 22 of the Legislative and Regulatory Reforms Act 2006 requires regulators
which includes a local authority‟s Environmental Health function (see the Legislative
and Regulatory Reform (Regulatory Functions) Order 2007) to have regard to the
Code. “To have regard” has been defined in law – see Associated Provincial Picture
Houses Ltd V Wednesbury Corporation (1948) where it was decided that “If, in a
statute … there is to be found expressly or by implication matters which the authority
… ought to have regard to, then …. it must have regard to these matters”.
4.2 The Code came into force on 6 April 2008 as part of the Government‟s better
regulation agenda. It‟s aim is to enable a risk-based, proportionate, consistent,
transparent and targeted approach to regulatory inspection and enforcement among
the named regulators. It replaces the Enforcement Concordat adopted by this Council
in 1998. The Code can be found at www.berr.gov.uk.
4.3 W&PBC will adhere to the principles of the Code, the main elements being:-
1. To consider the economic aspects of regulatory intervention.
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2. To ensure that the regulatory resource is targeted on a risk basis to produce the
most effective outcome.
3. To ensure that regulatory obligations are communicated to duty holders and assist
duty holders with relevant advice.
4. To focus our greatest inspection efforts where the risk is highest and to feedback
the knowledge obtained to regulated entities to encourage and reinforce good
5. To only seek data from duty holders where it is absolutely necessary to do so in
order to reduce costs to duty holders.
6. To reward duty holders who consistently achieve good levels of legal compliance.
7. To ensure sanctions and penalties follow Macrory principles.
8. To foster effective communications with duty holders, declaring clear standards
and dealing promptly with complaints.
5.0 Specific Enforcement Actions
5.1 The procedures or guidance to be followed when conducting specific types of non-
compliance enforcement are contained in the paragraphs specified:
a) Prosecution. Paragraph 5.2
b) Simple Cautions. Paragraph 5.3
c) Notices. Paragraph 5.4
d) Works in Default. Paragraph 5.5
e) Revocation. Paragraph 5.6
f) Written warnings. Paragraphs 5.7
g) Withholding of permission. Paragraph 5.8
h) Voluntary closure/cessation of an activity. Paragraph 5.9
i) Civil sanctions. Paragraph 5.10
5.2.1 Where statutory powers to prosecute exist, the decision to do so will not be taken
5.2.2 The guidance contained in the Crown Prosecution Service “Code for Crown
Prosecutors “ will always be taken into consideration before any decision is made and
each case will be processed according to its own merits. Prosecution will not
automatically follow the discovery of an alleged offence. In particular, alternative
actions to prosecution, will be considered in all cases and at every stage.
5.2.3 The decision as to whether to prosecute or not will be constantly reviewed and, if
necessary, changed until such time as an irrevocable step (e.g. offering a Simple
Caution as an alternative) is made.
5.2.4 Alternatives to Prosecution The following steps will be considered as alternatives to
prosecution, where applicable, as part of the decision making process. However, each
must be examined in light of Public Interest (see paragraphs 5.2.12 to 5.2.13 below);
a) Simple Caution
b) Works in default
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c) Service of Notices
d) Voluntary closure
e) Written Warning
5.2.5 Test for Prosecution Before a decision to prosecute is taken, the case must satisfy, in
general terms, the following Tests:
a) Evidential Test
b) Public Interest Test
Each of which is described in more detail below.
5.2.6 Evidential Test There must be sufficient good quality robust evidence to provide a
realistic prospect of conviction against each defendant and on each charge, before
prosecution is pursued.
This is an objective test and means that a jury or bench of Magistrates, properly
directed in accordance with the law, is more likely than not to convict each defendant
on each charge.
5.2.7 Each prospective prosecution will be scrutinised throughout by the Service Manager
before the papers are sent to the Council‟s Legal Services.
This is so that the evidence can be tested by officers not directly involved in the
preparation of the case.
5.2.8 The following will be borne in mind by case officers throughout the investigation:
a) The validity and relevance of any tape recorded interviews.
b) The continuity of evidence.
c) The quality of any notes and records kept during the investigation.
d) The level of compliance with the Regulators Compliance Code, all legislation
having a bearing on enforcement practice, and internal procedures.
e) The reliability and availability of witnesses.
If there have been substantive departures from accepted practice on any of the above,
this will be made known to line management and Legal Services, so that decisions on
whether or not to proceed can be properly informed.
5.2.9 Officers may obtain evidence from many different sources throughout an investigation.
Some material will not be needed. Unused material will be disclosed in accordance
with the requirements of the Criminal Procedure and Investigations Act 1996.
5.2.10 In considering the evidence, the following will be addressed:
a) Any factors which might reduce the reliability of an admission made during a
taped interview such as, for example, a defendant‟s age, or lack of
b) Any factors which might have a bearing on the reliability of any witness.
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5.2.11 If, after balancing the above, it is concluded that there is not a realistic prospect of
conviction, the case will not proceed to prosecution.
One of the alternatives listed in paragraph 5.2.4, above, may still be used if
5.2.12 The Public Interest Test A number of factors will determine whether or not a particular
prosecution is in the public interest and a balance in favour or against will be made
between these factors, any of which might be present.
5.2.13 Those following factors will influence the decision on whether or not to prosecute. The
list is not exhaustive.
a) The number of people affected by the offence.
b) The seriousness of the offence - how badly people are/were affected.
c) Evidence that the offence was committed deliberately or maliciously.
d) Evidence that the defendant intimidated or harassed those affected.
e) Evidence of previous or on-going offences of a similar type.
f) The likelihood of a repeated offence which may be deterred by prosecution.
g) The defendant was in a position of authority.
h) A lack of co-operation on the part of the defendant.
i) The offence is widespread, at least in the general area in which it was committed.
5.2.14 Factors which might argue against a prosecution will include:
a) A Court is likely to impose a very small penalty on conviction.
b) The offence appears to have been the result of a genuine misunderstanding or
c) Any harm done was minor and was the result of a single incident, particularly if it
was caused by a misjudgement.
d) The willingness on the part of the defendant to co-operate and to ensure that no
future offences of a similar nature are committed.
e) A long delay between the offence and trial, unless
i) The offence is serious.
ii) The delay has been caused, at least in part, by the defendant.
iii) The offence has only recently come to light.
iv) The complexity of the investigation results in unavoidable delays.
f) The defendant is elderly, in poor health or confused (unless there is a real
possibility that the offence will be repeated).
g) The defendant has, so far as possible, put right the harm caused by the offence.
h) A key witness has refused to testify or to provide a witness statement or, if they
are the only victim, they have strongly indicated opposition to a prosecution.
i) Where the Primary Authority Principle applies, prosecution is not sanctioned by
the LBRO (Local Better Regulation Office).
5.3 Simple Cautions
5.3.1 Where it is felt that prosecution may not be appropriate, the use of the Simple Caution
may be considered. In all such cases, the Home Office Guidance on the use of Simple
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Cautions will be closely followed, where it applies to legislation enforced by the
5.3.2 Typically, the reason for choosing this option will be that the case does not fully meet
the Public Interest Test described in paragraphs 5.2.12 to 5.2.14, above. It may be, for
example, that the offence did not result in real harm to any person, or that the person
responsible co-operated fully in limiting the effects of the offence.
5.3.3 A Simple Caution will never be used simply because the evidence in a case is not
robust enough to give a reasonable prospect of success in prosecution.
Indeed, if a Simple Caution is offered and refused, the most likely alternative
enforcement action would be prosecution, so the evidence must always be sufficient
before a Simple Caution is considered.
5.3.4 Other factors governing the use of a Simple Caution include:
a) No more than one Simple Caution will be issued to the same business or person
for a similar offence.
If a further, similar offence is committed, then prosecution will normally be taken
in all but the most exceptional circumstances.
b) Unless the circumstances are wholly exceptional, details of any outstanding
Simple Caution will be placed before the Court in any prosecution taken.
c) Any suspect will usually be given the opportunity, if (s)he so wishes, of viewing
the evidence gathered in the case. This is to enable them, and/or their legal
advisor, to assess the evidence, so that the decision whether to accept the
Caution or not can be an informed one.
d) If accepted, the Caution will be recorded and a copy of the documentation placed
on an appropriate register.
e) Where the Primary Authority Principle applies, the Caution must be agreed by
5.4.1 The service of statutory Notices is a routine part of the work of our Environmental
Health Services and it is not appropriate to deal with the format and wording of Notices
within a document such as this. However, there are some points of commonality
affecting all types of Notice, as follows:
a) Peer review
b) Associated documentation
c) Method of service
d) Primary Authority Principle applicability
each of which is dealt with in the following paragraphs.
5.4.2 Peer Review There are occasions when speed of service is of the essence and in
such cases peer review may not be practicable.
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Wherever possible, the use of standardised Notices will be used when peer review is
not possible, to ensure the greatest level of uniformity of approach.
When peer review is possible, and this should be in the majority of cases, each Notice
will be scrutinised by a member of the Unit unconnected with the case, using a
checklist format produced for the purpose.
5.4.3 Associated Documentation Under normal circumstances, the following information will
accompany a formal Notice:
a) A covering letter, setting out the background to the Notice and designating a case
officer or other point of contact
b) A copy of the relevant Appeal Provisions
c) A separate Schedule of Works, where appropriate
d) Any other information, which may help the person, on whom the Notice is served
to understand and comply with the terms of the Notice.
e) Details of any costs incurred in serving the Notice, where permitted by the
5.4.4 Method of Service This may be specified in individual legislation and, in such cases,
the method of service will be followed exactly.
Where there is no prescribed method, any of the following may be used:
a) Hand delivery. The Notice will be given directly to the person(s) identified as
being responsible. Where this method is used, the date, time, place and other
relevant details will be contemporaneously recorded.
b) Recorded Delivery. The Notice will be sent by first class, recorded delivery post.
c) Normal Post. Where normal first class post is used, a short Witness Statement
may be provided giving details of the contents of the envelope, the date, time,
and place of posting, and the address to which it was sent.
The Statement will be in addition to an entry into the case officer‟s notebook.
d) Left at Scene. The Notice may be left at the scene, i.e. a premises or vehicle. If
this method is used, service will normally be by two officers. Each will make a
contemporaneous entry in their notebook and each may provide a short Witness
Statement giving details of the contents of the envelope left at the scene, the
date, time and place of service. A signed receipt of acceptance by a responsible
person at the premises will also be sought – if such a person is present.
5.4.5. Primary Authority Principle As of 6/4/09, all enforcement functions of many aspects of
Environmental Health, for example, food safety, health & safety, HMO licensing come
under the Regulatory Enforcement and Sanctions Act 2008 Primary Authority
Principle. Notices for the relevant aspects where a Primary Authority is involved will
not be served unless sanctioned by LBRO – unless the activity is urgent i.e. it involves
serious risk to health / damage to the environment.
5.5 Works in Default
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5.5.1 Works in Default refers to the powers given to the Council under specified legislation
to undertake works required in a Notice that has not been complied with, or in some
cases not started in the time specified in the Notice. A charge is normally made for
carrying out such work, which the person(s) named on the Notice will be required to
5.5.2 The approval of the Service Manager will be sought before arrangements are made to
carry out works in default. At the time that approval is sought, the case officer will
provide full details of the perceived need to undertake the work, and be prepared to
5.5.3 There are two distinct types of Work in Default, these being:
a) Seizure of equipment used to cause a nuisance, for example stereo equipment in
respect of noise problems
b) Physical works undertaken by the Council for example, to abate a nuisance or
comply with specified standards, for example carrying out drainage works or
housing repairs where there may be risks to health.
5.6.1 In some circumstances, notably the revocation of a Licence or Authorisation may be
used as an enforcement method.
5.6.2 Whilst this is a legitimate enforcement action, it is always remembered that the above
may involve the removal of livelihood, sometimes without reference to an independent
arbiter or the Courts, however, Appeal procedures are usually available.
Accordingly, revocation is used only as a last resort, when other sanctions are either
inappropriate, or have been tried without success.
5.6.3 No revocation action is taken without reference to line management.
5.6.4 Where revocation action is taken, it will normally follow at least two warnings, in
writing. However, it is recognised that this will not always be possible.
5.6.5 When revocation action is taken, those concerned will be informed of any rights which
they may have to appeal and be told of any time limits or other constraints which may
5.7 Written Warnings
5.7.1 Perhaps the commonest and most versatile form of enforcement is the use of a written
warning, which may result from a service request investigation, or a routine inspection
5.7.2 There are few rules governing the use of this type of action, as it is not a regulated or
However, a written warning will normally:
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a) Clearly state the nature of the problem and suggest either specific remedies or a
standard to be achieved.
b) State the actions which may follow if matters do not improve.
c) Designate a named officer as point of contact.
d) Clearly distinguish between a legal requirement and „desirable standard‟.
e) Indicate any follow-up action intended, (such as a re-visit in 14 days etc).
f) Offer to work with the person(s) responsible in finding a solution.
g) Point the way to specialist advice or additional information.
h) Meet the requirements of the Primary Authority Principle, if applicable.
5.7.3 The tone of a written warning will be firm, businesslike, unambiguous, polite and
5.8 Withholding of Permissions
5.8.1 The Service Units will, in exceptional circumstances, withhold the issue of a relevant
licence or the issue of a relevant permission if they are not satisfied that the recipient
is able to comply with the relevant legislation. Robust evidence will be needed to
support this type of action.
5.9 Voluntary Closure / Cessation of an activity
5.9.1 In some circumstances it may be appropriate to accept the voluntary closure of a
premises or the voluntary agreement of a business proprietor or individual to cease a
particular activity. This voluntary arrangement will only be acceptable where the
enforcement officer is satisfied that any hazards caused by the premises or the activity
can be adequately controlled and managed without the need to serve a formal Notice.
5.10 Regulatory Enforcement & Sanctions Act 2008 – Other Measures
5.10.1 This Act implements (together with the Regulators Compliance Code) the Hampton
vision of Regulation.
5.10.2 It establishes the Local Better Regulation Office (LBRO).
5.10.3 It seeks to secure co-ordination and consistency of regulatory enforcement by local
authorities by establishing a Primary Authority Scheme such that businesses operating
in more than one local authority area (eg WPBC and another area) can ask the LBRO
to nominate a local authority to act with them in a Primary Authority partnership in
order to improve consistency of regulation. This scheme specifically applies to
Environmental Health, Licensing and Trading Standards and Fire and Rescue
5.10.4 It introduces an additional set of sanctions for regulatory non-compliance, called civil
sanctions, with the aim of making sanctions more flexible and not involving the criminal
5.10.5 Civil Sanctions – Fixed Monetary Penalty
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These may be used in respect of minor instances of regulatory non-compliance e.g.
not maintaining appropriate records. (not yet in force)
5.10.6 Civil Sanctions - Issuing Discretionary Requirements
These are a package of sanctions which may be used as a response to mid to high
level regulatory con-compliance. (not yet in force)
5.10.7 Civil Sanctions – Stop Notice
These are intended to stop activity which is significantly harmful or potentially
significantly harmful. (not yet in force)
5.10.8 Civil Sanctions – Enforcement Undertakings
These are agreements made by a business to take specific actions at the request of a
Council when they believe an offence may have been committed. The business may
decide not to accept an undertaking. Undertakings are seen as a way of encouraging
rather than coercing a business to take a specific course of action. (not yet in force)
6.0 Professionalism of Enforcement Staff
6.1 The Council recognises its legal duty to employ appropriately qualified and
experienced staff and will comply with any official requirements in this respect. It will
also endeavour to follow guidance which has been issued by any relevant body. e.g.
The Food Standards Agency and the Health & Safety Executive.
6.2 The Service Units recognises the need to provide on-going training to its enforcement
staff to maintain the legally required level of competency.
6.3 Officers will be authorised in accordance with their deemed level of qualification and
competency, utilising the Regulators‟ Development Needs Assessment (RDNA) tool
7.0 Areas of Work covered by this policy
7.1 The enforcement policy guidance outlined above will be applied in respect of all areas
of work delegated to and undertaken by the Food & Safety and Pollution & Private
Housing Service Units including:
Health and Safety
Pollution and Statutory Nuisances
Pest and Dog Control
Private Sector Housing
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The principal legislation enforced by the Service Units consists of Acts of Parliament
along with their relevant Statutory Instruments, Orders and Byelaws made thereunder
and any enactments amending, extending, consolidating or replacing them. A list of
the principal legislation can be found in Appendix I to this document.
8.0 LBRO – The Local Better Regulation Office (see p.5.10.2)
8.1 The LBRO has been set up by government as a body corporate to monitor local
authority regulatory performance. It has six key functions. These are as follows:-
a. To operate a primary authority scheme whereby nominated primary authorities
provide advice to duty holders operating across local authority boundaries and
agree inspection plans to aid consistency.
b. To provide advice to Government on local authority regulatory issues.
c. To issue statutory guidance to local authority regulators.
d. To review and revise the list of national enforcement priorities.
e. To identify and promote good practice.
f. To develop formal partnerships with national regulators
8.2 W&PBC recognise that their regulatory work must comply with LBRO policy. At the
time of writing LBRO has not nominated WPBC to act as a primary authority for any
“regulated persons” (i.e. businesses)
9.0 The Enforcement of Food Law in WPBC Premises
9.1 It is a requirement of the Food Standards Agency that a food authority must document
its approach to ensuring compliance with food law in premises where the authority is
itself the food business proprietor. Accordingly, for such premises inspections will be
carried out in the normal way by food officers and where contraventions of food law
are found these will be notified to the Council‟s Chief Executive for appropriate
remedial action to be taken within similar compliance times that would apply to
commercial food businesses. Alternatively, a partnership arrangement may be used
whereby a neighbouring food authority may be used to undertake the inspection, again
with all paperwork being addressed to the Chief Executive of Weymouth & Portland
10.0 Health and Safety At Work etc Act 1974 – Section 18 – Requirements for
10.1 Section 18 of the Health and Safety at Work ect Act 1974 requires that enforcement
authorities for the Act and the relevant statutory provisions have a statement of their
commitment to improving Health and Safety outcomes endorsed by senior
management. This policy is W&PBC‟s statement of that commitment.
10.2 Section 18 requires that W&PBC has an annual intervention or service plan that sets
out priorities and describes where interventions will be targeted. The Food & Safety
Unit service plan will reflect this requirement.
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10.3 Section 18 requires that W&PBC will have sufficient staff resources to improve Health
and Safety outcomes in its area. The Food & Safety Unit service plan will reflect this
requirement – including the capacity for effective partnership working.
10.4 Section 18 requires that W&PBC will have in place a competent inspectorate for the
purposes of Health and Safety regulation of work activities in its area. W&PBC‟s Food
Safety Unit uses the RDNA tool for its officer competency assessment and training
system for its officers in order to meet this requirement. (See also p6.3)
11.0 Food Standards Agency Framework Agreement on Local Authority Food Law
11.1 Every local authority being a food authority is required to comply with the Food
Standards Agency‟s (FSA) Framework Agreement which is a duty placed by the EU on
each member state. The FSA is the Competent Authority which ensures that
european food law is enforced in the way intended when it was drawn up in the
11.2 W&PBC will maintain a competent inspectorate of sufficient food officers in order to
deliver food law enforcement services (as defined by the Framework Agreement
Standard) in its area.
12.0 Local Authority Pollution Prevention & Control (LAPPC)
12.1 Every local authority is required by the legislation to issue permits and to carry out
annual inspections of permitted premises according to the standards which it has set.
Currently these are risk based.
12.2 Weymouth and Portland Borough Council will maintain a competent staff of sufficient
LAPPC trained officers in order to carry out its inspection duties as required by the
13.0 Statutory Nuisance
13.1 Local authorities have a duty to inspect their districts for nuisances and a duty to
investigate when a complaint of potential statutory nuisance is made to it by a resident
of its area.
13.2 Weymouth and Portland Borough Council will maintain a competent team of sufficient
officers to deliver this service.
14.0 Contaminated Land
14.1 Under the Environmental Protection Act 1990 as amended places a duty on all English
local authorities to inspect their land to identify weather any is contaminated, via an
adopted inspection strategy, and to arrange for its remediation where it is
“contaminated land” within the legal definition. This is done via remediation notices.
The statutory guidance requires that this work is done by people who are “suitably
qualified and experienced”.
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14.2 Weymouth and Portland Borough Council will ensure that it has the relevant expertise
available to enable it to carry out this function as required by the law.
15.0 Private Sector Housing
15.1 Under the Housing Acts the Council has duties to review the housing conditions in the
district and to take action if Category one hazards are found. Certain HMOs must be
licensed and the conditions enforced. There are also enforcement provisions relating
to let properties, empty dwellings and overcrowding, for example.
15.2 Weymouth and Portland Borough Council will maintain a competent team of sufficient
officers to deliver this service.
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LIST OF ENVIRONMENTAL HEALTH LEGISLATION
ACT SECTION SUMMARY OF POWER
Public Health Act 48 Power to examine and test drains believed to be
50 Service of Notice re: cesspools etc.
78 Scavenging of common courts and passages.
83 Service of Notice re: filthy and verminous premises.
84 Powers to deal with filthy and verminous articles.
85 Powers to deal with verminous persons and their
87 Provision of sanitary conveniences.
269 Powers controlling moveable dwellings.
284 Authentication of documents of this Act.
287 Powers of entry.
National Assistance 47 & 48 Power to deal with persons requiring certain care and
Act 1948 attention.
Prevention of 4 Notices re: works for prevention of damage by pests.
Damage By Pests
Act 1949 22 Powers of entry
Pet Animals Act 1 Licensing of Pet Shops.
4 Inspection of Pet Shops
Caravan Sites and 3 Issue Site License.
Development Act 26 Powers of entry.
Public Health Act 17 Power to repair drains etc.
34 Power to service notices on accumulated refuse.
74 Control of birds in buildings
Animal Boarding 1 Licensing of Boarding Establishments.
Act 1963 2 Inspection of Boarding Establishments.
Riding 1 Licensing of Riding Establishments.
1964 2 Inspection of Riding Establishments
Riding 1 Provisional Licences
Local Government 234 Proper officer for signing notices where they are
Act 1972 designated to serve.
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ACT SECTION SUMMARY OF POWER
European Sections of Instigation of summary proceedings.
Communities Act these Acts and Inspection of food and inspection of premises,
1972 and any Orders, vehicles, stalls and everything contained therein
Food Safety Act Regulations relating to food hygiene including specified approved
1990 (as amended) made there premises.
under or Seizure of suspect food
relating to the Service of Hygiene Improvement Notices.
foregoing and Sampling of food and analysis of samples.
any Powers of entry.
modification or Execution of declarations and warrants and service of
re-enactment notices to detain / destroy food / food products.
to the Service of Remedial Action Notices for specified
foregoing. approved premises.
Service of Prohibition Notices / Orders.
Road Traffic 31 Control of Dogs on Roads Orders.
Breeding of Dogs 1 Licensing of Breeding Establishments.
2 Inspection of Breeding Establishments.
Control of Pollution 60 Notices re: construction sites.
91/92 Powers of entry and inspection.
Health and Safety 19 Appointment of Inspectors.
at Work Etc.,
Act 1974 20 Powers of inspection and investigation.
21 Service of Improvement Notices.
22 Service of Prohibition Notices.
25 Power to deal with cause of imminent danger.
38 Powers to institute proceedings.
39 Power to take prosecutions.
Guard Dogs Act 3 Licensing of Guard Dog Kennels.
Safety of Sports 10 Service of Prohibition Notices.
Grounds Act 1975
11 Powers of entry.
Dangerous Wild 1 Licences.
Animals Act 1976
3 Inspection of Premises.
Statement of Enforcement Policy 17 Date printed 07/07/09
ACT SECTION SUMMARY OF POWER
Local Government 16 Power to obtain particulars of persons interested in
(Mis. Provisions) land.
20 Service of notice re: sanitary appliances at place of
33 Reconnection of water supply.
35 Service of notice re: obstructions to private sewers.
Refuse Disposal 6 Removal and disposal of other refuse.
(Amenity) Act 1978
8 Powers of entry.
Zoo Licensing 4 Licences.
10, 11 & 12 Inspections.
Local Government 17 Power to enter premises (acupuncture etc.).
Act 1982 29 Service of Notice to board up vacant properties.
Building Act 1984 59 Service of Notices re: inadequate drainage etc.
60-63 Service of Notices re: drains and water closets.
76 Service of Notices re: defective premises.
79 Service of Notices re: ruinous/dilapidated building.
81 Service of Notices re: demolition.
93 Authentication of documents.
95 & 96 Powers of entry.
Public Health 20 Power to keep people with notifiable disease off
(control of Disease) work.
21 Power to exclude children from school re: above.
22 Power to request lists of day pupils at schools.
23 Power to exclude children from public places.
31 Power to disinfect premises and articles.
32 Removal of persons from infected houses.
37 Power to apply to JP to have person notifiable
disease removed to hospital.
Statement of Enforcement Policy 18 Date printed 07/07/09
ACT SECTION SUMMARY OF POWER
Public Health 41 Power to remove to hospital inmate of common
(control of Disease) lodging house with notifiable disease.
61 Powers of entry
Housing Act 1985 260 Powers of entry.
265 Power to make Demolition Order.
330 Licence to exceed permitted number.
335 Notices requiring information re: number of people in
336 Inspection of rent book.
337, 600 & Powers of entry
338 Service of Notice re: overcrowding.
Road Traffic 27 Control of Dogs on Roads.
Local Government 89 Renewal areas, provision of report.
& Housing Act 1989
97 Powers of entry.
169 Provision of technical services.
Environmental 6 Power to grant / refuse authorisations.
Protection Act 1990
10 Power to vary authorisation / service of variation
12 Power to revoke authorisations.
13 Service of Enforcement Notices.
14 Service of Prohibition Notices.
78 Contaminated land – designate special site, serve
remediation notice and carry out remediation.
80 Service of Abatement Notices.
81 Supplementary Powers re: statutory nuisances.
92 Service of Notice re: litter.
93 Service of street litter control notices.
Statement of Enforcement Policy 19 Date printed 07/07/09
ACT SECTION SUMMARY OF POWER
Environmental 115 Powers of entry and inspection (Genetically Modified
Protection Act 1990 Organisms.
149 Seizure of stray dogs.
Sch.3(2) Powers of entry Statutory Nuisances.
Sch.4(3) Power to dispose of shopping trolleys.
Water Industry 77-78 Functions in respect of water quality.
79 Requiring water undertaker to provide supply (other
than in pipes).
80 Service of Notice re: private supply.
84 Powers of entry.
85 Power to obtain information.
Breeding of Dogs 1 Power to inspect premises not licensed under
Act 1991 Breeding of Dogs Act 1973.
Clean Air Act 1993 4 Approval of plans for furnace installation.
6 Approval of furnaces.
8 Approval of dust arresting plant.
12, 35, 36 & Power to obtain information.
14 Approval of chimney heights.
33 Prosecution for cable burning.
56 & 58 Power of entry.
Noise and Statutory Sch.3 Power of entry.
Nuisance Act 1993
Sunday Trading Sch.2 Appointment of Inspectors.
Powers of entry.
Home Energy 2 Preparation of energy conservation report.
Act 1995 5 Modification of report.
Environment 108 Authorisation of officers.
108 Powers of officers.
109 Power to deal with cause of imminent danger of.
serious pollution etc
Statement of Enforcement Policy 20 Date printed 07/07/09
ACT SECTION SUMMARY OF POWER
Housing Grants 13, 18, 24, 28 Power to approve housing grants.
Construction and & 76
Dogs (Fouling of 3 Enforce dog fouling offences.
Land) Act 1996
4 Power to issue fixed penalty.
Noise Act 1996 10 and Powers of entry, seizure, etc.
Breeding and Sale 8 Enforce offences of illegal sale.
of Dogs (Welfare)
Housing Act 2004 11 Service of Imp Notice re Category 1 Hazard
12 Service of Imp Notice re Category 2 Hazard
20 Service of Prohibition Notice re Category 1 Hazard
21 Service of Prohibition Notice re Category 2 Hazard
28 Service of Hazard Awareness Notice re Category 1
29 Service of Hazard Awareness Notice re Category 2
40 Emergency remedial action
43 Emergency prohibition notices
49 Power to charge for certain enforcement action
62 Service of Temporary Exemption Notices
64 Grant or Refusal of an HMO Licence
69 Power to vary an HMO Licence
70 Power to revoke an HMO Licence
102 Making Interim Management Orders
111 Variation of an Interim Management Order
112 Revocation of an Interim Management Order
113 Making of a Final Management Order
Statement of Enforcement Policy 21 Date printed 07/07/09
ACT SECTION SUMMARY OF POWER
Housing Act 2004 121 Variation of a Final Management Order
122 Revocation of a Final Management Order
131 Power of entry to carry out work
133 Making of an Empty Dwelling Management Order
139 Service of Overcrowding Notice (HMO)
144 Revocation and variation of Overcrowding Notices
235 Power to require documents
239 Powers of Entry
243 Powers re Authorisations for enforcement purposes.
Health Act 2006 9 Issue of Fixed Penalty Notices
10(5) All other matters under Chapter 1 as regard to
smokefree premises, places and vehicles – including
Schedule 2 Powers of Entry
LAST UPDATE JULY 2009
Statement of Enforcement Policy 22 Date printed 07/07/09