This policy is an "umbrella" policy and is intended to apply to all service areas, though it should be noted that various additional service-specific requirements apply to specific enforcement activities in certain services, i.e. Health and Safety, Food Safety, Trading Standards, Licensing. Information on these may be obtained from the Director's office of the relevant department.
The purpose of this policy is to publicly summarise the City Council's intended approach to bring about compliance with regulatory requirements. However, it is, ultimately, the responsibility of individuals and business to comply with the law.
The City Council shares the Government's view that effective and well-targeted regulation is essential in promoting fairness and protection from harm and that as regulators we should adopt a positive and proactive approach towards ensuring compliance by:
The City Council will take a soft brush approach to those who comply with regulatory requirements and those who work with us to achieve compliance. However, we will not hesitate to take all necessary enforcement action against those who, e.g. commit serious breaches, flout the law, refuse to work with us to seek compliance, commit offences which are prevalent in the City of Westminster.
The City Council has set out its strategic aims and objectives and our enforcement services will carry out their duties in support of these. These aims and objectives are set out in:
The Council's aims and objectives have been drawn up in consultation with the public.
A range of activities will be undertaken to ensure compliance with legislation. Advice and guidance will be provided; proportionate, programmed and intelligence led inspections will be undertaken and where necessary, inspections will be undertaken in response to complaints from third parties. Some enforcement services will also have officers patrolling the streets.
Where non-compliance is discovered, options to promote/seek compliance will include:
Immediate, without notice, enforcement action may be taken, but only where deemed necessary, reasonable and proportionate.
The decision to use enforcement action will be taken on a case by case basis and, to ensure consistency of approach, in accordance with this and any other more specific policies which may be applicable. The action taken, which may be immediate, will be proportionate to the gravity and nature of the non-compliance. Factors that will be taken into consideration include, but are not limited to:
Enforcement actions are taken within the context of a legal and policy framework. Council enforcement services will carry out their enforcement-related work with due regard to the Enforcement Concordat. This Concordat arises from a central government initiative and was adopted by the City Council in December 1998. The Concordat lays out the principles of good enforcement. These are:
In approving this enforcement policy and when setting service-specific enforcement requirements, in respect of those local authorities' functions specified in Part 3 of the Schedule to the Legislative and Regulatory Reform (Regulated Functions) Order 2007, the City Council had, and will continue to have, regard to the statutory Regulators' Compliance Code, issued by the Minister of State for the Department for Business, Enterprise and Regulatory Reform under section 22(1) of the Legislative and Regulatory Reform Act 2006. This will also apply to any further functions to which the said code might be applied.
Service-specific risk-rated inspection policies will be set, in respect of those functions which are considered deserving of co-ordinated monitoring.
Any decision to prosecute will be taken in accordance with the Code for Crown Prosecutors. The national contact details follow and include their e-mail address for any requests for printed materials, such as the Code for Crown Prosecutors:
50 Ludgate Hill
Telephone: 020 7796 8442
Fax: 020 7796 8351
Enforcement decisions and actions will be made with due regard to the provisions of:
Information concerning non-compliance may be shared with other enforcement agencies. Any such action will only be undertaken in the public interest and in compliance with the Data Protection Act 1998.
Only officers who are competent by training, qualification and/or experience will be authorised to take enforcement action. Officers will also have sufficient training and understanding of this enforcement policy to ensure a consistent approach to their duties. Officers are required to show their written authorisation on demand.
This policy was endorsed and adopted by the City Council's Cabinet on 17th March 2008.
Complaints concerning the application of this enforcement policy are dealt with in accordance with the Council's customer complaints procedure.