Environmental Health And Building Control Services Enforcement Policy Leaflet

Advice to businesses

Enforcement Policy

Spelthorne Borough Council believes that enforcement powers should be used sympathetically and relative to the seriousness of the situation. Referring a matter for prosecution is therefore the last option that is usually considered. This leaflet is to provide businesses with basic information about our enforcement policy, which sets out the approach we shall follow when enforcing relevant laws. The full enforcement policy can be obtained from Environmental Health and Building Control Services who can be contacted on telephone number 01784 446291, or by writing to the address overleaf, or downloaded from our website.

General Approach

Officers will endeavour to explain not only what is wrong, but why. Where appropriate an action plan will be agreed to improve/rectify matters in an acceptable time scale, dependent on the problems and risks involved. However, the history of compliance will also be a determining factor in deciding the form of enforcement action to be taken. If a situation is serious, interviews will be conducted under caution and evidence may be taken with a view to taking legal action. In some circumstances proprietors may even be required to close their business or cease carrying out an activity in order to safeguard public health.

Forms of Enforcement Action

There are generally four forms of enforcement action (for the full list see the service's Enforcement Policy):-

1. Verbal Advice - this is the simplest form of action. Advice is given where there are areas which can be improved, but the law is not necessarily being directly contravened.
2. "Informal Notice" - this tends to be a letter / form with a time limit for completion of the necessary work. It can also be verbal. It is used where there are minor contraventions of the legislation but where there is minimal or no immediate risk. It is only used where officers believe that compliance will be achieved within a reasonable timescale.
3. "Formal Notice" - this is a Notice served in accordance with the legal provisions that requires works to be carried out within a specified time. It is used where the officer is of the opinion that the degree of risk warrants it, an informal approach would not secure a lasting result, or there is some statutory obligation upon the officer to serve the Notice.
4. Formal Caution or Prosecution - this form of action would be considered where any of the following circumstances apply:
   • there had been either gross neglect or intentional defiance of a statutory requirement such as to prejudice public health or in order to gain an economic advantage over a law abiding competitor
   • there have been repeated breaches of legal requirements despite previous warnings
   • there has been a failure to comply with the requirements of a formal or informal Notice
   • the offence was foreseeable and inadequate precautions had been taken
   • the making of false or misleading statements in respect of questions that could lawfully be asked
   • the obstruction of an officer
   • a similar offence has occurred in the past
   • little or no effort being made to meet agreed deadlines.

If formal action is proposed the officer will write confirming this. You will also be given a brief resume of the evidence and details of the recommended course of action. If you disagree with the facts as presented or if you wish to present any mitigating arguments then you should do so in writing to the Senior Environmental Health Manager at the address overleaf. You may wish to consult a solicitor before doing so.

Land Charges

The Council is required to disclose whether there are any formal or information Notices outstanding.

Suggestions for Service Improvements

The Council is always interested to receive suggestions as to how a service can be improved. The Environmental Health and Building Control Services Department carries out its own quality checks and customer surveys but is particularly interested to receive feedback that may result in changes to the services and improved efficiencies to the benefit of the consumer.

Complaints about the service

If you feel that we have failed to apply the criteria as set out overleaf then you may have a valid cause for complaint. Should you have a complaint that cannot be resolved with the Officer concerned then you should write to the Senior Environmental Health Manager. Your complaint will normally be dealt with by the manager of the appropriate section who will endeavour to respond to your complaint within seven working days. If the situation is complicated and likely to take some time to resolve then a detailed reply will follow as soon as possible afterwards. View the full details of the Council's Complaints Procedure.

Improvements to services

We would welcome any suggestions as to how services may be improved.

Availability of Officers

The nature of the work is such that officers spend a large part of the working day away from the office. However, should you wish to contact an officer, our Environmental Health Support Officers are available during the following times:

8.30am to 5.30pm (Monday-Thursdays)

8.30am to 5pm (Fridays)

Address of correspondence!

Senior Environmental Health Manager
Spelthorne Borough Council
Council Offices
Knowle Green
Staines
TW18 1XB

Telephone: 01784 446291
Fax: 01784 446437
Email: environmental.health. commercial@spelthorne.gov.uk