Environmental Health enforcement policy
Fair and effective enforcement is essential for the economic interest and protection of the public, business and the environment.
This enforcement policy provides guidance to officers, businesses and the general public on the range of options that are available to achieve compliance with legislation enforced by us. The policy has been approved by Newcastle-under-Lyme Borough Council.
Our decisions about enforcement action, and in particular the decision to prosecute, have serious implications for all involved. The aim of this policy is to set out the principles that apply when we conduct our enforcement work and should be read in conjunction with the scheme of delegation. By applying the same principles, everyone involved in the decision making process is treated fairly and our business is conducted effectively. This policy is adopted by Newcastle-under-Lyme Borough Council (hereafter referred to as 'the council').
This policy applies to all areas except planning. Although specific guidance on the particular approach taken by certain areas may also be provided, any additional guidance will be in accordance with the approach taken by this policy.
We believe that most businesses and individuals want to abide by the law and we will assist them where possible. We recognise that prevention is better than cure, but firm action will be taken against those who break the law or act irresponsibly.
We believe that businesses and individuals should know the approach that will be taken by us where enforcement is warranted and should have confidence that our officers will ensure that their approach is:
We seek to follow the principles of good enforcement contained in the Regulators' Code (external link to a PDF document). These principles help businesses and individuals to comply with regulations, and help enforcers to achieve higher levels of voluntary compliance. Our key approach is:
- focused enforcement - our enforcement resources will be targeted primarily on activities giving rise to the most serious risks to the environment, health and safety or the public
- any enforcement will be fair, accountable, consistent, proportionate, transparent and firm
- the burden on business will be reduced through improved partnership working and more consistent working as a council
- the public and businesses will be involved in our enforcement approach and policies
- improved communication