Warwick District Council: Enforcement Policy Version 3: 31st October 2018.




Contents:

1. Introduction

2. What is this policy for?

3. When does this policy apply?

4. Our approach to dealing with non-compliance

5. Conduct of investigations

6. Decisions on enforcement action

7. Review of this policy

8. Comments and complaints


1. Introduction


1.1 This policy was developed following a review of Warwick District Council’s (‘the Council’) existing service-specific enforcement policies with a view to producing a single policy for all services, compliant with the Regulators’ Code. It should be read in conjunction with the relevant service standards as published through the council’s website. (Including but not limited to Statutory Service Plans, Employee Code of Conduct)

Some service areas of the council have powers, enforcement actions or considerations specific to their areas of work and therefore they have additional appendix documents to this policy.

· Appendix A – Health and Community Protection, Regulatory Section

· Appendix B - Development Services, Planning Enforcement


Business support organisations including Coventry and Warwickshire Chamber of Commerce, Federation of Small Businesses and the South Warwickshire Landlords Steering Group have been consulted in regards to this policy.

The policy sets out Warwick District Council’s approach to dealing with non-compliance and a commitment to good enforcement practice informed by the principles of good regulation.


The Legislative and Regulatory Reform Act 2006, Part 2, requires the Council to have regard to the Principles of Good Regulation when exercising a specified regulatory function. For local authorities, the specified functions include those carried out by our environmental health, licensing, waste, and private sector housing services.


The Council will exercise its regulatory activities in a way which is:

· Proportionate – our activities will reflect the level of risk to the public and enforcement action taken will relate to the seriousness of the offence,

· Accountable – our activities will be open to public scrutiny, with clear and accessible policies, and fair and efficient complaints procedures,

· Consistent – our advice to those we regulate will be robust and reliable and we will respect advice provided by others. Where circumstances are similar, we will endeavour to act in similar ways to other local authorities,

· Transparent – we will ensure that those we regulate are able to understand what is expected of them and what they can anticipate in return, and

· Targeted – we will focus our resources on higher risk enterprises and activities, reflecting local need and national priorities.



Regulators’ Code

The Regulators’ Code came into statutory force in April 2014 and provides a clear framework for transparent, open and accountable regulatory delivery. A copy can be found at: www.gov.uk/government/publications/regulators-code

The Council has had regard to the Regulators’ Code in the preparation of this policy. In certain instances we may conclude that a provision in the Code is either not relevant or is outweighed by another provision. We will ensure that any decision to depart from the Code will be properly reasoned, based on material evidence and documented.