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.