Agenda item

The report informs the Executive of the progress on the introduction of the proposed Enforcement Policy for Regulatory Services following the consultation process.

The updated Enforcement Policy reflects current legislation, guidance and best practice.  It helps to promote efficient and effective approaches to regulatory inspection and enforcement, which improve regulatory outcomes without imposing unnecessary burdens on business and others subject to regulation.  The policy sets out the approach to regulation across a wide range of functions and service areas and explains the principles aimed at securing compliance.  The emphasis is on advice and guidance, with escalation to formal enforcement sanctions dependant on each individual situation.  The policy identifies and explains the sanctions that may be used by the Council.

Recommendation

That the Executive recommends to the Council that the draft Waverley Borough Council Enforcement Policy for Regulatory Services, attached at Annexe 1, be approved to come into effect at the earliest opportunity.

The Executive agreed to RECOMMEND to the COUNCIL thatthe draft Waverley Borough Council Enforcement Policy for Regulatory Services, attached at Annexe 1 to the agenda report, be approved to come into effect at the earliest opportunity.

[This item is recommended to the Council for decision and is not subject to the Call-in Procedure]

[Reason: To seek approval for the draft Waverley Borough Council Enforcement Policy for Regulatory Services)

100.1  This report informs councillors about the progress on the introduction of the proposed Enforcement Policy for Regulatory Services following the consultation process.

100.2  The updated Enforcement Policy reflects current legislation, guidance and best practice.  It helps to promote efficient and effective approaches to regulatory inspection and enforcement, which improve regulatory outcomes without imposing unnecessary burdens on business and others subject to regulation.  The policy sets out the approach to regulation across a wide range of functions and service areas and explains the principles aimed at securing compliance.  The emphasis is on advice and guidance, with escalation to formal enforcement sanctions dependant on each individual situation.  The policy identifies and explains the sanctions that may be used by the Council.

100.3  To comply with the law and set out how we will enforce legislation, the Council must publish an enforcement policy.  A new Regulators’ Code came into effect on 6 April 2014 which replaces the previous Regulatory Compliance Code.  Regulators whose functions are specified under the Act must have regard to the Code when developing policies and operational procedures that guide their regulatory activities.  Regulators must equally have regard to the Code when setting standards or giving guidance which will guide the regulatory activities of other regulators.

100.4  The areas of the Council’s work in which regard must be had to the new Code are:

·        Environmental Protection

·        Food Safety

·        Public Health

·        Licensing

·        Health and Safety

·        Environmental Services (Fly Tipping, Littering, etc.)

·        Private Sector Housing

100.5  The proposed enforcement policy sets out how the services responsible for ensuring compliance and its officers will conduct themselves and how other parties can expect to be treated as we discharge our key duties.  An enforcement policy is required in order to guide those responsible for enforcement, and those who are regulated.  Unjustified departure from an enforcement policy’s provisions could be the subject of legal challenge.

100.6  The draft policy was taken to the Executive on 2 September and the Licensing and Regulatory Committee on 18 September.  It received the support of both Committees.  The formal public consultation on the policy opened on 3 September and closed on 15 October 2014.  The consultation documents were made available on the Council website, on the homepage under ‘Have your say/Consultations’ with a link to the draft policy inviting response.  No responses were received from the public as a result of the consultation.

100.7  The Licensing and Regulatory Committee requested clarification regarding some wording in respect of the cost of compliance.  This has been incorporated into the revised policy document attached at Annexe 1.  Waverley Legal Services suggested the addition of financial penalties as an enforcement action.  This action is included in the current Environmental Health Enforcement Policy.  The suggestion has been incorporated into the revised policy document and the wording reflects the template enforcement policy included within the Toolkit produced by Better Regulation Delivery Office to accompany the Regulators Code. 

100.8  The Executive now

RECOMMENDS that

52.       the Waverley Borough Council Enforcement Policy for Regulatory Services, attached at Annexe 1, be approved to come into effect at the earliest opportunity.

[Reason: To seek approval for the draft Waverley Borough Council Enforcement Policy for Regulatory Services)