Enforcement Actions

Our primary objective is to achieve regulatory compliance. We recognise that prevention is better than cure, but where it becomes necessary to take formal action against a business, or member of the public, we will do so. There is a wide range of tools available to us as an enforcement agency, with prosecution being the most serious. We will always choose an enforcement method that is relevant and proportionate to the offence or contravention. We will also take account of an individual's or a business's past history when making our decision.

The policy is built around a process of escalation. We will only prosecute in circumstances where a defendant has acted wilfully and where their actions are likely to cause material loss or harm to others, or where they have ignored written warnings or formal notices, endangered, to a serious degree, the health, safety or well being of people, animals or the environment, or assaulted or obstructed an officer in the course of their duties.

The options available to us include:

• No action
• Informal Action and Advice
• Fixed penalty Notices
• Formal Notice
• Forfeiture Proceedings
• Seizure of goods/equipment
• Injunctive Actions
• Refusal/revocation of a licence
• Simple Caution
• Prosecution

Our decisions will have regard to current statutory guidance and codes of practice, particularly the Regulators' Compliance Code, the Code for Crown Prosecutors and the Human Rights Act.