Agenda item

The report seeks approval for the Council to adopt amendments to the existing Enforcement Policy for Environmental Health, Private Sector Housing, Licensing and Cleansing which includes an additional enforcement option relating to Civil Penalty for Housing Act 2004 offences.

Also, minor amendments have been made to reflect changes in job descriptions or structures within teams. All amendments are highlighted in the attached report by way of tracked changes for ease of reference.

In addition, the report seeks approval for setting a Fixed Penalty Notice fine level of £100 as an alternative to prosecution for the offence of breaching a Community Protection Notice.

The Group Head of Technical Services confirmed that this report was being represented to the Committee so that it could make recommendations to Full Council to adopt amendments to the existing Enforcement Policy for Environmental Health, Private Sector Housing, Licensing and Cleansing.

The Policy included an additional enforcement option covering Civil Penalty for Housing Act 2004 offences. Minor amendments had also been made to reflect changes in job descriptions or structures within teams. All amendments had been clearly highlighted in the Policy using tracked changes for ease of reference.

It was explained that where there was sufficient eveidence that certain Houisng Act 2004 offences had arisen, civil penalties could be issued as an alternative to prosecution. If these penalties were not paid, they could be pursued as a civil debt in the Courts. Examples of such offences were provided including where there was failure to comply with an improvement notice where standards of accommodation had fallen short in trms of what was deemed to be safe.

In addition, the report sought approval for setting a Fixed Penalty Notice fine level of £100 as an alternative to prosecution for the offence of breaching a Community Protection Notice. It was explained that Community Protection Notices were already served by the Council in instances where unreasonable behaviour of a continuing or persistent nature was having a detrimental effect on the quality of life of those in the locality. The Notices required the recipient to either do something or not do something, for example to not cause a noise nuisance.

The main advantage of this introduction was that it would be a more efficient process to operate rather than having to instigate a complex prosecution.

In considering the Policy, various questions were asked by the Committee. Firstly, concern was expressed that the £100 Fixed Penalty Notice would not be a big enough deterrent for repeat offenders. The Group Head of Technical Services explained that repeat offences of anti-social behaviour matters would be escalated to prosecution stage. It was also explained that civil penalties of up to £30k could be issued for when there had been deliberate acts causing significant harm in relation to Housing Act offences. The scale of the civil penalty was dependent on culpability and harm. Other queries related to the level of anti-social behaviour and what this might cover. Would one-off minor offences come under this new introduction and how would the Council respond to constant harassment issues. The Group Head of Technical Services explained that very minor one-off incidents such as noise from a garden party would not apply. He explained instances in which the issuing of a fixed penalty notice would apply.

Following some further discussion,

The Committee

RECOMMEND TO FULL COUNCIL – That

(1) The amended Enforcement Policy for Environmental Health, Private Sector Housing, Licensing and Cleansing be adopted;

(2) The setting of a Fixed Penalty Notice fine level at £100 for breaches of a Community Protection Notice, as an alternative to prosecution be approved; and

(3) Approval be given to the Group Head of Technical Services, or his nominated representative, to be given delegated authority to make any necessary consequential changes to the amended Enforcement Policy for Environmental Health, Private Sector Housing, Licensing and Cleansing as a result of new legislation or alternative practices.