Telephone: (023) 9244 6670
Email: ehenvironment@havant.gov.uk
Visit: Civic Offices, Public Service Plaza, Havant PO9 2AX
Sure Start
Warren Park Community Building Sandleford Road HAVANT PO9 4LP
Telephone:
084 4856 3407
Map:
Link to map
Swiss Cottage 9 St Georges Walk WATERLOOVILLE PO7 7TU
Leigh Park Community Centre Dunsbury Way Leigh Park HAVANT PO9 5BG
02392 717707
Portsmouth Magistrates Court
Winston Churchill Avenue
PORTSMOUTH
Hampshire
PO1 2DQ
Telephone: (023) 9281 9421
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 Section 79 the Environmental Protection Act 1990, local authorities are required to act if they are satisfied that a statutory nuisance exists, or is likely to occur or recur in their area. The Council has under this Act and others relating to noise such as The Control of Pollution Act 1974 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 individuals and businesses, who are responsible for the nuisance or who own or occupy houses where the nuisance arises.
1.4 These guidelines direct that enforcement action, be it verbal warnings, the issue of written warnings or statutory notices, prosecution, or seizure of noise making equipment is primarily based upon a measured response to the seriousness of the problem. Formal enforcement action will not usually, therefore, constitute the first response to allegations of alleged nuisance.
1.5 All authorised officers when making enforcement decisions shall abide by these guidelines. Any departure from the guidelines will be exceptional, capable of justification and be fully considered 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 Noise Abatement 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, shall be left to the Environmental Health Manager in accordance with current practice. 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 policy 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 past history of the case, the consequences of non-compliance and the likely effectiveness of the various enforcement options.
3.5 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 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.
4.5 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.
5.1 Abatement notices can be effective and quick in that they require problems to be rectified without the potential delays and uncertainty of going to Court. The recipient has the right to appeal to the Magistrates' Court.
5.2 In this section enforcement action means serving a notice under section 80(1) of the Environmental Protection Act 1990.
5.3 In the event of an appeal, the notice may be suspended until the appeal is abandoned or until the outcome of the appeal hearing.
5.4 The notice may not be suspended in the event of an appeal if the notice is worded accordingly because, in the opinion of the Council,
7.3 If appropriate, the Council will seek a warrant from a Magistrate authorising entry to premises, if necessary by force, to facilitate seizure of noise making equipment.
8.3 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.
8.5 Entry to residential property shall not, except in an emergency, be demanded as of right unless 24 hours notice has been given. See Environmental Protection Act 1990 Schedule 3, para 2(2).
8.6 If entry is refused, an officer may apply to a Justice of the Peace for a Warrant to enter the premises, if necessary, by force. See Environmental Protection Act 1990 Schedule 3, para 2(3).
8.8 Before using such powers, an officer will have decided that informal action, in that particular instance;
9.3 To safeguard the suspected offender's interests, the following conditions should be fulfilled before a caution is administered:
9.4 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.
9.5 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.
9.6 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.
9.7 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.
10.1 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 Environmental Health Manager prior to being referred to the legal department.
11.1 No officer will carry out enforcement duties unless suitably trained and experienced and authorised by Havant Borough Council. Only officers specifically authorised for that purpose, being officers having relevant qualifications, training and experience will sign abatement notices.
11.2 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 Environmental Health Manager and the Solicitor to the Council. Prosecution will only be instigated following review of the matter by the Environmental Health Manager and the Solicitor to the Council. Training will be provided for all enforcement officers as required to meet changes in legislation and enforcement procedures.