Agenda item

The report seeks approval to adopt amendments to the existing enforcement policy for Environmental Health, Private Sector Housing, Licensing and Cleansing the main elements of which are:

-       To include Civil financial penalties for offences under:

a)    The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015

b)    The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

c)    The Smoke and Carbon Monoxide Alarm (England) Regulations 2015

-       To provide greater clarity and guidance when considering civil financial penalties as an alternative to prosecution

Other minor amendments have been made, and all alterations are highlighted in the attached policy by way of tracked changes for ease of reference.

Under the Electrical Safety Standards in the Private Rented Sector Regulations 2020 and the Smoke and Carbon Monoxide Alarm Regulations 2015, the Council is required to have a Statement of Principles which is published and outlines the procedures for enforcing this legislation and determining the amount of penalty charge, the report seeks approval to adopt these.

The report also seeks delegated authority for the Group Head of Technical Services to make any necessary consequential changes to the attached Enforcement Policy for Environmental Health, Private Sector Housing, Licensing and Cleansing, the Statement of Principles for the Electrical Safety Standards in the Private Rented Sector Regulations 2020 and the Smoke and Carbon Monoxide Alarm Regulations 2015 as a result of new legislation or alternative practices.

[10 Minutes]

[Councillor Paul English and Councillor Joan English re-declared their Prejudicial Interests at the beginning of this item]

            Councillor Paul English Informed Committee that he had received advise from the Monitoring Officer during the early part of the meeting, who had said that he did not have significant enough interest in the item to prevent him from remaining in the meeting or asking questions. Councillor English confirmed however, that he would be abstaining from voting.

            Councillor Joan English informed the Committee that the same applied to her as applied to Councillor Paul English with regards to advice from the Monitoring Officer about her Prejudicial Interest in the Item.

            Upon the invitation of the Chair the Principal Environmental Health Officer presented the report to the Committee. She explained there was a joint policy for Environmental Health, Private Sector Housing, Licensing and Cleansing, that had been adopted. The report sought Committee approval for some amendments. The main changes were to include civil financial penalties for offences that came under 3 particular pieces of legislation relating to energy efficiency, electrical safety standards and smoke & carbon monoxide alarms. In addition to the policy there were 2 statements of principle, which were required to be published under the Electrical Safety Standards and the smoke and Carbon Monoxide Alarm Regulations.

Members then took part in a question and answer session as summarised below:

·         Whether Gas Safety legislation was covered. It was confirmed this was not.

·         Documentation relating to checks should be visible to residents at the property.

·         This was an excellent report and covered everything already being done by responsible landlords.

·         Whether HMOs were covered in the policy. It was confirmed that they were.

·         Whether Gas could be included in the over-arching policy document. The Group Head of Technical Services confirmed the Policy was to detail the way the Council enforced legislation that it was the regulator for. There was an obligation for Gas Safety certificates to be shared with tenants. This was however, outside of the scope of the legislation that Arun District Council were responsible for.

·         Whether Arun District Council properties were included in the policy. It was confirmed the policy only related to private sector housing.

·         Clarification was sought around why juveniles were included within the Policy.

            The recommendations were Proposed by Councillor Bicknell and Seconded by Councillor Bennett.

            During the vote Councillor Paul English and Councillor Joan English abstained from voting.

            The Committee

RESOLVED that

1)    The amendments to the attached Enforcement Policy for Environmental Health, Private Sector Housing, Licensing and Cleansing be adopted.

2)    The Statement of Principles for the Electrical Safety Standards in the Private Rented Sector Regulations 2020 and the Smoke and Carbon Monoxide Alarm Regulations 2015 be adopted.

3)    Delegated Authority be given to the Group Head of Technical Services or their nominated representative to make any necessary consequential changes to the attached Enforcement Policy for Environmental Health, Private Sector Housing, Licensing and Cleansing and the Statement of Principles for the Electrical Safety Standards in the Private Rented Sector Regulations 2020 and the Smoke and Carbon Monoxide Alarm Regulations 2015, as a result of new legislation or alternative practices.