The Regulator’s Code requires Local Authorities to publish a clear set of service standards, including their enforcement policy explaining how they respond to non-compliance. It is to be used by Officers in making enforcement decisions, and by those individuals or businesses in contact with the Services covered by the Policy.
Download the enforcement policy
This enforcement policy sets out how the service will be accountable and transparent in the decisions taken in respect of breaches of legislative requirements.
This policy covers the enforcement activities undertaken by Braintree District Council in the following areas:
- Environmental Health (Food Hygiene, Health & Safety, Private Sector Housing, Infectious diseases, nuisance, air quality, contaminated land, private water supplies, pest control, public health)
- Licensing enforcement (all functions where a licence, permit, consent or registration is granted)
- Building Control (dangerous structures and failure to comply with Building Regulations)
- Operations (enviro crime including waste carriers, breaches of the smoke free legislation, nuisance, anti-social behaviour and dog related matters).
The term "enforcement" has a wide meaning and applies to all dealings between the Council and those on whom the law places duties (employers, the self-employed, employees, food business operators, licence holders, homeowners, occupiers and others).
Officers will adhere to the principles contained within this Policy for the legislation they enforce. Officers are required to regulate activities across a wide range of businesses and in their professional dealings with every type of individual. Officers are committed to delivering services underpinned by education and helpfulness, seeking to work with individuals and businesses, wherever possible, to help them achieve compliance.
The aim behind much of the department’s work is the protection of persons at work or at leisure, and the protection of the general public and the environment from harm caused by failure to comply with the safeguards provided for in law. This being the case, Braintree District Council will not hesitate to take all necessary enforcement action against those who commit serious offences, flout the law, fail to follow advice or warnings to achieve compliance, or breach legislation relating to matters that are a priority to the Council.
If there is a serious or imminent risk of harm, danger or nuisance, officers may take formal action immediately as required by the circumstances.
The types of breaches that typically require enforcement action that fall within the remit of these services are (NB this list is not exhaustive):
- Unsafe working practices (health & safety)
- Poor hygiene / unsafe working practices or procedures within a food business
- Serious breaches of licences or licence conditions
- Unlicensed activities
- Nuisance
- Poor house conditions in the private sector (disrepair, health & safety hazards, overcrowding etc)
- Unauthorised deposits of waste
- Smoking in a smoke free place of work
- Straying dogs
- Dog fouling
- Dangerous Structures
- Non-compliance to Building Regulations
Officers are expected to use this policy as a guide when making enforcement decisions. This Policy cannot be prescriptive because the circumstances of each case and the evidence available in each scenario will differ. As such Officers will refer to the Policy which will indicate what to expect by way of enforcement action. However, each case must be decided on its own individual facts. There may be a need to deviate from the Policy and if this is the case the reasons must be justifiable and the Officer making that decision must record their reasons for their deviation from the Policy.
Officers that undertake enforcement work covered by the scope of this Policy are trained, competent and authorised to discharge enforcement powers on behalf of Braintree District Council.
