The Council has a wide range of statutory powers and duties for ensuring public protection and the smooth running of society. Enforcement does not always mean taking formal action and covers a broad range of approaches including but not limited to:

• deciding to take no further action
• compliance advice
• formal warning
• Statutory/Enforcement/Community Protection Notice
• Fixed Penalty Notice
• simple caution
• prosecution
• works in default
• injunction
• Criminal Behaviour Order
• other formal action, for example seizure, recovery action, suspension or revocation of licences or permissions

Examples of service areas that enforce legislation or have regulatory functions (not exhaustive):

• Trading standards
• Environmental health/protection
• Anti-Social behaviour/Public Space Protection Orders
• Licensing
• Housing
• Planning
• Flood and Water Management
• Building control
• Highways and Transport
• Education (school attendance, child employment)
• Revenues and Benefits

The Policy applies to all staff, agents and contractors acting on behalf of Cumberland Council.

Details relating to any enforcement and associated legislation will be contained within the Council Constitution which is reviewed on an annual basis.

Standards

Our regulatory activities will be open to public scrutiny with clear policies and efficient complaints procedures. We will be accountable for the effectiveness of our enforcement activities. We will review performance regularly and make changes as necessary. Where performance targets for enforcement services exist, they will be clearly stated in service plans.

No service will set performance targets relating to the numbers of enforcement actions taken. Enforcement activity will not be undertaken as a means of generating revenue.

Proportionality

We will ensure that enforcement action is proportionate to the risks involved and severity of alleged offending. We will ensure that sanctions are meaningful and proportionate to the current level of risk.

Targeted

The council will focus resources on higher-risk behaviour and activities, reflecting local need and national priorities. Regulatory effort will be directed effectively using intelligence and relevant risk assessment schemes and may involve liaison with other agencies where appropriate. We will target those who persistently or deliberately break the law.

Consistency

Whilst enforcement approaches in individual cases will depend on the particular situation and background, we will aim to ensure that enforcement is applied consistently and fairly. This means we will adopt a similar approach in similar circumstances to achieve similar outcomes. Where officers depart from this Policy in making decisions, they must provide evidenced reasons for doing so, based upon the individual facts of the case.

Openness

We are committed to the open provision of information and advice in a format that is accessible and easily understood. All enforcement decisions will be properly reasoned, recorded, and based upon material evidence.

Where a complaint is received that may lead to enforcement action, the Council will respect a complainant's request for anonymity in line with the law. It is recognised that occasionally the Council will need to act on anonymous reports.

Each service will provide information, as appropriate, to communicate the rules, standards and penalties that relate to their area of enforcement. From time to time, a service may choose to undertake more high-profile communication work to raise awareness of the rules and enforcement activity that relate to their specific remit.

Helpfulness

The Council believes that prevention is better than cure and will advise and assist on compliance with the law; council officers will be courteous and efficient. A key element of our activity will be to allow and encourage economic progress and the Council will only intervene when there is a clear case for enforcement. We work closely with businesses, individuals and organisations to help them comply with relevant legislation.

In cases where the law provides a right of appeal against enforcement action, the Council will provide details of appeal mechanisms in writing.

Trained and competent officers

All officers authorised to undertake enforcement duties will be suitably trained and qualified to ensure they are fully competent to undertake their role.

Liaison with other agencies

The Council will endeavour to coordinate its activities with those of other agencies to achieve effective outcomes and minimise inconvenience for those being visited or subjected to enforcement. Effective coordination will avoid inconsistencies and ensure that the most appropriate action is taken to resolve any breach.

Decisions about enforcement

In deciding whether to prosecute, the Council will have regard to the Code for Crown Prosecutors and will apply the full Code test for prosecution set out in that Code. The Council will also have due regard to the Regulators' Code. Enforcement action will be more, rather than less, likely where:

• the offending is serious
• previous advice, warnings, simple cautions or other enforcement actions have been ignored or are not appropriate
• the alleged offence creates a risk to public safety and/or animal welfare
• children's health and wellbeing are affected (for example underage sales of alcohol, tobacco or vapes)
• the existence of relevant previous cautions and/or convictions
• the action can be expected to act as a deterrent
• a conviction is a pre-requisite to other enforcement

Where appropriate, decisions about what enforcement action to take may involve consultation between:

• Investigating officer(s)
• Senior managers within the relevant service
• Legal Services

The decision to prosecute a case will be taken by those with authority to do so in accordance with the Council's Scheme of Delegations.

Enforcement and youths

It is unlikely that enforcement action will be taken against youths (children aged 10 to 17), with the focus instead being on education and family support through Children's Services where appropriate. In the event that enforcement action is considered against children then appropriate consideration of statutory and other guidance will be made as well as liaison with Children's Services and the Youth Offending Team.

Aims of sanctions and penalties

The aim of our enforcement action will be:

• To change the behaviour of the offender
• To eliminate financial gain or benefit of non-compliance
• To be responsive and consider what is the most appropriate sanction for the particular offender and regulatory issue concerned
• For the action to be proportionate to the nature of the offence and the harm/potential harm caused
• to restore the harm caused by regulatory non-compliance, where appropriate
• to deter future non-compliance

The council is committed to recovering the costs of any enforcement action, where we are permitted to do so, and will ensure that such recovery is appropriate and proportionate.

Media coverage will normally be sought in the following cases:

• the offence is widespread in the area and coverage will assist in securing compliance by others
• to draw attention to particular serious hazards
• the offence is serious and/or was committed wilfully and the council wishes to draw attention to its willingness to take enforcement action in such cases
• coverage is otherwise in the public interest
• the council has a duty to publish the data under the Local Government Transparency Code

A press release may be issued about convictions where it is considered that publicity will bring benefits by promoting compliance with those statutory requirements designed to protect the health, safety and welfare of residents, workers and visitors, and environment.

Cumberland Council is committed to providing high-quality services.

Your feedback is important; we welcome all compliments, comments, and complaints. These help us to review and improve our services.

To contact us:

Telephone: 0300 373 3730

Visit the how to make a complaint page.

Alternatively, you can call into one of our council offices