Environmental Health & Licensing Division
Enforcement Guidelines
Our responsibilities include:
- advisory visits
- formal inspections
- advice and requirements resulting from our visits
- formal enforcement action.
The Environmental Health & Licensing Division:
- is committed to maintaining a fair and safe trading environment
- will help businesses and others meet their legal obligations without unnecessary expense
- will take firm action, including prosecution where appropriate, against those who flout the law or act irresponsibly.
- will use a staged approach to enforcement:
- normally use education and informal approaches first, to encourage the adoption of a preventive approach to food safety
- only resort to more formal and serious measures after having allowed a reasonable period for compliance and getting an inadequate response
- however, in serious or urgent cases formal action may need to be taken sooner.
If you do not agree with any enforcement action:
- contact the relevant Environmental Health & Licensing Manager or
- contact the Head of Environmental Health & Licensing or
- follow the |complaints procedure.
Inspection and Enforcement
When officers visit premises:
- they may make recommendations or have requirements that must be followed
- they may give advice verbally.
Reports or informal letters are normally sent following an inspection or visit. These may contain:
- advice
- sources of further information
- requirements that must be followed
- a time scale within which the requirements must be achieved
- contraventions of the Act
- the possibility of a legal notice being served if unsatisfactory conditions continue.
When informal action is taken, officers explain:
- what to do to comply with the law
- over what time-scale
- why it is necessary.
Legal requirements are clearly distinguished from best practice advice. Officers will normally confirm any advice in writing.
Follow-up visits, which may be unannounced, ensure that appropriate and timely action is taken to comply with any breaches of legislation identified during inspections or investigations.
Specific Enforcement Measures
- Warning Letter
A written notification that, in the Division's opinion, the law has been broken and warns that more serious legal action may follow if the offence continues or is repeated. The letter will be recorded and may be referred to in future legal proceedings. - Improvement Notices
Written legal notices, which may be served to remedy or prohibit unsatisfactory conditions (e.g. poor structural conditions in a restaurant kitchen). Failure to comply with the requirements of such a notice is an offence under the Act. Before serving an improvement notice we will: - discuss the circumstances of the case with you
- try to resolve any points of difference
- discuss timescales and any alternative arrangements for complying with the notice.
- Seizure
If an officer suspects food is unfit, or may harm health if consumed, or if an article/substance presents a serious risk of personal injury.
In such circumstances:- if food has been seized, we will tell you of our intention to take it before a magistrate
- we will tell you your rights should the magistrate not agree with our actions.
- Service of an Emergency Prohibition Notice
Only be taken in extreme circumstances (e.g. where conditions in a food premises are such that there is an imminent risk to health), we will explain why it is necessary and confirm in writing.
We will then:- take emergency action to close the premises
- apply to a magistrates court to have such action confirmed by an emergency prohibition order.
In exceptional circumstances, we may agree that the premises can be closed voluntarily, without the need for such formal measures to be used.
- A Formal Caution
A written admission by someone that they have committed an offence. In less serious cases it may be offered as an alternative to prosecution.
Where a Formal Caution is offered but refused, the case will be reviewed again and a prosecution may be pursued. - Prosecution
Normally taken as a last resort after alternatives have failed to remedy problems.
We prosecute to try and prevent a recurrence, and to act as a warning to others. We would only prosecute without prior warning in very severe circumstances.
Rights of Appeal
Where there are rights of appeal against formal action, advice on the appeal mechanism will be clearly set out in writing at the time the action is taken.
Failure to Comply
If a food business fails to comply with hazard analysis or training requirements, formal enforcement action would be taken in the following circumstances:
- the business involves high risk operations (e.g. the handling of raw and cooked high-risk foods) or
- the breaches of requirements relating to hazard analysis systems or the training of staff in food safety would be likely to lead to significant breaches of other food hygiene requirements, presenting an unacceptable risk to food safety or
- the food business has failed to respond to an informal approach.
How we decide the appropriate enforcement action
We consider the following factors:
- the opinion of other authorities of the business concerned
- the seriousness of the offence (i.e. the risk to food safety presented by the breaches)
- how foreseeable the offence was, or the circumstances leading to it
- the offender's previous record in complying with the law
- the adequacy of management systems in place to ensure the law is observed
- the attitude and response of the offender, including whether sufficient action was taken to remedy or prevent a recurrence of the contravention
- the deterrent effect of a prosecution, on the offender and others.
Presumption of Prosecution
The Environmental Health & Licensing Division will normally always prosecute for:
- incidents or breaches which have significant actual or potential consequences for the safety of consumers
- activities without, or in serious breach of, a relevant licence or authorisation
- excessive or persistent breaches of legal requirements or failure to comply adequately with legal requirements
- failure to supply information without reasonable excuse or knowingly supplying false or misleading information
- obstruction of the Division's staff in carrying out their duties
- impersonating the Division's staff.
Who Can be Prosecuted?
Criminal proceedings will be taken against those considered responsible for the offence.
Where a company is involved, it will be usual practice to:
- Prosecute the company where the offence resulted from the company's activities.
The Division will also consider any part played in the offence by the officers of the company, including: - directors
- managers
- company secretary
- other employees, if it can be shown that the offence was committed with their consent, was due to their neglect or they 'turned a blind eye' to the offence or the circumstances leading to it.
Other Consequences of Prosecution
Where a prosecution is pursued and the defendant is found guilty:
- we will seek to recover the costs incurred in mounting the prosecution
- we may also take the opportunity to highlight the case in local newspapers, in order to emphasise our commitment to pursing our enforcement policy.
Special Needs
if you have any disability or other special need that makes it difficult for you to understand or comply with what is required, please let us know and we will do our best to help.
Customer Care
We aim to be efficient, fair and courteous at all times and we welcome your comments about the provision of our service - including enforcement action.
Our Policy
Our actions should be:
- proportionate to the risks involved
- consistent
- open
- helpful
- carried out in accordance with published standards
- targeted on the businesses with the most serious risks
- include appropriate opportunities for appeal and complaint.
If you wish to suggest ways that we can improve our service |then please tell us.
For further information contact the |Environmental Health & Licensing Division.
