To ensure a consistent approach to enforcing legislation concerning pest control within the Borough of Havant.
To provide officers with guidelines to enable them to make consistent decisions in the field.
1.1 The Council's approach to enforcement reflects the terms of the Government's Enforcement Concordat to which the Council agreed in February 2001 and complies with the Council Policy for Regulation and Enforcement for all Council regulators confirmed by the Executive on 22 October 2008.
1.2 Under the Prevention of Damage by Pests Act 1949, it is the duty of every local authority to take such steps as necessary to make sure, so far as is practicable that their district is kept free from rats and mice. In order to do this they shall carry out inspections of the district, destroy rats on their own land and enforce owners and occupiers of land to keep their own land free from rats and mice. The Council has under this Act and others relating to pest control such as The Environmental Protection Act 1990, a range of powers to enable it to fulfil the duties for which it is responsible.
1.3 The primary responsibility for compliance lies with businesses and individuals, which own or occupy land.
1.4 These guidelines direct that enforcement action, be it verbal warnings, the issue of written warnings or statutory notices, or prosecution, is primarily based upon an assessment of risk to public health. In the context of these guidance notes, this risk is the probability of harm to health occurring due to non-compliance with pest control law. Enforcement action will not, therefore, constitute the first response to minor contraventions of legislation.
1.5 All authorised officers when making enforcement decisions shall abide by these guidelines. Any departure from these guidelines will be exceptional, capable of justification and be fully considered by a Senior Environmental Health Officer (SEHO) before the decision is taken, unless it is considered that there is significant risk to the public in delaying the decision.
1.6 All authorised officers should be fully acquainted with the requirements of these guidelines and any future amendments made thereof.
2.1 Prior to the service of any statutory notice, except in the case of an emergency, the case officer shall fill out a Pest Control decision checklist for service of notice. This checklist requires the case officer to seek approval for formal action by the Environmental Health Team Leader (Environment) (or Environmental Health Manager or Head of Community Services in their absence.)
2.2 The decision to refer a case for prosecution, based on the available evidence and professional judgement, must be authorised by the Environmental Health Manager. Prior to submitting a prosecution file to the Environmental Health Manager the case officer must first consult with the Environmental Health Team Leader (Environment) to ensure that the prosecution is in accordance with this enforcement policy. The case officer must then consult with the Solicitor to the Council to ensure that the case has been properly considered and is sound.
3.1 Enforcement action may only be initiated by officers who are authorised to do so.
3.2 The Environment team recognises and affirms the importance of achieving and maintaining consistency in its approach to making all decisions, which concern enforcement action, including prosecution. The Council has signed up to and follows the principles of the Enforcement Concordat. It will also ensure that all actions will be consistent with the Human Rights Act 1998.
3.3 It is our policies to ensure that enforcement decisions are always consistent, balanced, fair and relate to common standards that ensure the public is adequately protected. In coming to any decision many criteria will be taken into account including the seriousness of the offence, the enterprise’s past history, the confidence we have in the management, the consequences of non-compliance and the likely effectiveness of the various enforcement options.
Having considered all relevant information and evidence, the choices for action are:
Even where some of the above criteria are not met, there may be circumstances in which informal action will be more effective than a formal approach.
4.1 Many persons, having had a problem for which they are responsible drawn to their attention, will be anxious to comply with their statutory obligations. In such cases the enforcement officer's role will be to guide and support. In many cases the first contact with a person complained about or believed to be causing or permitting a problem, will be by advisory letter.
4.2 Officers will supply appropriate guidance on legislation, Council procedures and criteria used to assess the extent of the problem either verbally, by letter or by leaflet whenever a complaint is received or a problem is otherwise drawn to the officer's attention.
4.3 If written observations, suggestion or requirements are appropriate these will normally be made within 10 working days as per the section's performance standards after a complaint is notified or a meeting takes place. Such written guidance will clearly identify the nature of the complaint or problem and any remedial works that are required. The officer will, with due regard to technical accuracy express requirements or suggestions in a manner that is clear and readily understandable.
4.4 It is appropriate to use informal action in the following circumstances:
5.1 Statutory notices can be effective and quick in that they require problems to be rectified without the potential delays and uncertainty of going to Court. For most types of notice, the recipient has the right to appeal to the Magistrates' Court.
Abatement and Remedial Notices will be served where:
6.1 The Council will generally initiate prosecution where:
6.2 In deciding whether to prosecute, the Council will consider
If warranted by the circumstances, the Council will prosecute without additional warnings and without prior recourse to alternative sanctions
7.1 Where the requirements of the notice are not carried out, in many instances the Council is empowered to do whatever is necessary in execution of that notice and recover the costs of doing so from the person responsible. The Council will generally carry out work in default when:
7.2 In deciding whether to carry out work in default, the Council will consider:
7.3 Where the cost of the work in default amounts to less than £5,000 or the work is required in an extreme emergency, the Council may instruct a contractor to carry out the works without recourse to a formal tendering procedure. For non - emergency works in excess of £5,000, formal tendering procedures adopted by the Council will be followed.
7.4 The Council may recover the costs of the work from the person responsible as a civil debt or by placing a charge on the property. Such a charge may be repaid by instalments but will accrue interest at such reasonable rate as the Council may determine.
7.5 In carrying out duties, duly authorised officers have a range of far reaching powers,
Including the right to enter any premises at any reasonable time in order to:
7.6 Entry to any residential property shall not, except in an emergency, be demanded as of right unless 24 hours notice has been given. If entry is refused, an officer may apply to a Justice of the Peace for a Warrant to enter the premises, if needs be, by force.
An officer authorised to enter may:
7.7 Before using such powers, an officer will have decided that informal action, in that particular instance
8.1 The Statutory Code of Practice on legal matters advises that local authorities should consider issuing a simple caution as an alternative to a prosecution.
8.2 Home Office Circular 18/1994 states that the purpose of the simple caution is:
8.3 To safeguard the suspected offender’s interests, the following conditions should be fulfilled before a caution is administered:
8.4 If there is insufficient evidence to consider taking a prosecution, then by implication the conditions are not satisfied for the use of a simple caution. It is also inappropriate to use a simple caution where the suspected offender does not make a clear and reliable admission of the offence. There is no legal obligation for any person to accept the offer of a simple caution and therefore no pressure will be applied to the person to accept a caution.
8.5 simple cautions shall be used in accordance with the Home Office Circular and relevant LACORS guidance. The Environmental Health Manager is designated the “cautioning officer” to issue simple cautions.
8.6 Where a person declines the offer of a simple caution, it will be necessary to consider taking alternative enforcement action. Whilst this will probably mean taking a prosecution, this is not inevitable. For example, it may be felt that a written warning would be appropriate.
8.7 Where a simple caution is to be given other relevant bodies will be advised. These bodies may include home and originating authorities. Reference shall be made to any detailed advice offered by LACORS, particularly any guidance issued on LACORS Home Authority Principle.
9.1 Where the risk to public health is greatest and/or the delay that would occur in taking the case for prosecution would allow an unacceptable continuation of the breach, the Council may decide to seek an injunction. In cases of such seriousness, it must be approved by the Head of Community Services prior to being referred to the legal department.
10.1 No officer will carry out enforcement duties unless suitably trained and experienced and authorised by Havant Borough Council. Officers specifically authorised for that purpose, being officers having relevant qualifications, training and experience only sign abatement or Remedial Notices.
10.2 Prior to the service of any kind of notice which, directly or indirectly would cause a business to cease trading, the matter must be reviewed by the Solicitor to the Council.
The local member must also be consulted at the earliest opportunity after service of a notice.
10.3 Prosecution will only be instigated following review of the matter by the Solicitor to the Council.
10.4 Training will be provided for all enforcement officers as required to meet changes in legislation and enforcement procedures.
11.1 The implications and effectiveness of these guidelines will be monitored and reviewed as necessary.
30 November 2009
Telephone: (023) 9244 6670
Email: ehenvironment@havant.gov.uk
Visit: Civic Offices, Civic Centre Road, Havant PO9 2AX