Enforcement Policy - Environment Service
Winchester City Council is committed to ensuring that it enforces environmental health law in a fair and consistent manner.
Following an inspection or visit we will:
- Advise you what is wrong and provide information on how to put it right
- Ensure that letters and reports clearly distinguish between breaches of the law, recommendations and goodwill advice
- Ensure that any enforcement action taken is proportional to the risk or seriousness of any breach of the law
- Confirm in writing our satisfaction if no breaches of the law are found
- Whenever practicable, give you prior warning of our intention to serve an enforcement notice
- Where appropriate advise you of your informal and statutory rights of appeal
The approach we will adopt depends on the seriousness of the situation. Where there are serious risks to health, safety or the environment, activities may be prohibited, licences revoked or prosecutions taken. In some circumstances the Council has a 'statutory duty' to serve an enforcement notice. Fortunately, the instances where such action is found to be necessary are few. We will generally give you information, guidance and advice to positively encourage compliance with the law.
Breaches of the Law
Where minor breaches occur and you are willing to put things right, a verbal or written warning will normally be given. If the breach is serious, particularly if there are serious risks to health, safety or the environment, notice in order to prohibit activities or effect the necessary improvements.
Licences and Registrations
For minor breaches of licence or registration conditions where you are willing to put things right a verbal or written warning will normally be given. Serious failures can either result in prosecution or referral to the appropriate committee, where consideration will be given to whether or not a licence will be granted or renewed. If this happens you are entitled to attend the committee meeting and make representations.
Prosecutions are normally reserved for more serious breaches of legislation, which can include failure to comply with an enforcement notice.
Appeal
We provide an informal appeal procedure so that individual circumstances can be taken into account before enforcement action is commenced. If you are not satisfied with the Division's actions or proposals to take enforcement action, you may, in the first instance, contact the Head of Environment for an informal discussion regarding the matter.
If you intend to use the informal means of appeal then this must be submitted prior to any decision we make to take formal enforcement action. Further information on how to appeal is available on request.
If you intend to use the informal means of appeal then this must be submitted prior to any decision we make to take formal enforcement action. Further information on how to appeal is available on request.The informal appeal process does not prejudice your legal right of appeal against enforcement notices. All notices served will include information regarding your statutory rights of appeal and the necessary appeal forms can be provided.
In addition to this general policy there are specific enforcement policies. These can be downloaded at the bottom of this page.
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