Policy Environmental Health Enforcement Policy

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2. Purpose

2.1     The purpose of enforcement is to ensure that preventative or remedial action is taken to protect the public and/or to secure compliance with the regulatory system.  The need for enforcement may stem from a failure to comply with statutory obligations and the likely risk to health, safety or the environment.  Enforcement action will not, therefore, constitute a punitive response to minor technical contraventions of legislation.  Although the Council expects full voluntary compliance with relevant legislative requirements, it will not hesitate to use its enforcement powers where necessary.

 2.2      It is recognised that enforcement activity will depend upon prevailing circumstances, level of risk, political and stakeholder will, as well as other external influences.  The Council will, nevertheless, treat everyone fairly and with respect for their privacy and dignity. The particular interests of consumers, businesses, employees and the public, particularly those with special needs, will all be taken into account.

The adverse effects of enforcement activity on legitimate businesses and individuals will be minimised and in deciding the type of enforcement action to be taken an authorised officer will have regard the nature of the breach, the past history of compliance and the willingness of the individual or business, particularly a new business, to make restitution.