Issue - meetings

The Council currently has a generic enforcement policy which sets out the basic objectives and principles for each enforcement team. Since the Housing and Planning Act 2016 came into force, there have been many additions to the powers and duties of the Private Sector Housing Team, for which a more detailed policy is required. 

This new policy amalgamates the principles from the current overarching policy with the new elements required including:-

·         a civil penalties policy for specified housing offences

·         a statement of principles for penalties associated with smoke and carbon monoxide alarm regulations (which was approved by the Council in 2016)

·         a new penalties framework  for breach of the minimum energy efficiency standards

·         A statement about using the proposed civil penalties policy for offences committed under the new electrical safety regulations 2020.

The council currently has a generic enforcement policy which sets out the basic objectives and principles for each enforcement team. Since the Housing and Planning Act 2016 came into force, there have been many additions to the powers and duties of the Private Sector Housing Team, for which a more detailed policy is required. 

This new policy amalgamates the principles from the current overarching policy with the new elements required including:-

·       a civil penalties policy for specified housing offences

·       a statement of principles for penalties associated with smoke and carbon monoxide alarm regulations (which was approved by the Council in 2016)

·       a new penalties framework  for breach of the minimum energy efficiency standards

·       A statement about using the proposed civil penalties policy for offences committed under the new electrical safety regulations 2020.

Proposed by Councillor Godfrey,

Seconded by Councillor Whybrow; and

RESOLVED:

1.         That report C/20/67 be received and noted.

2.         That the principles set out in the enforcement policy and penalties policies in Appendix 3 and Annex 1 of the policy be approved.

3.         That the statement of principles approved in 2016 (appendix 2) be agreed to be incorporated into this policy document (unchanged).

4.         That the civil penalties policy be used for determining levels of fine for offences under the new electrical safety regulations.

5.         That delegated authority be given to the Assistant Director of Housing, in consultation with the Cabinet Member for Housing, Transport and Special Projects, to approve minor amendments to the policy when any minor changes or additions in legislation occur.

(Voting figures: 9 for, 0 against, 0 abstentions).

REASONS FOR DECISION:

1)    The council uses a wide range of statutory powers to ensure that those responsible for residential premises take the actions needed to prevent harm from occurring to occupants and visitors.  For fairness and transparency, it is important that the council sets out how it conducts itself by publishing an enforcement policy. This is a requirement of the Enforcement Concordat and the Regulators’ Code.

2)    Section 126 and Schedule 9 of the Housing and Planning Act 2016 amended the Housing Act 2004 to allow financial penalties to be imposed by local housing authorities as an alternative to prosecution for certain housing offences.  Financial penalties of up to £30,000 may be imposed under section 249A of the Housing Act 2004. Local housing authorities are required to develop and document a policy which sets out when it should prosecute and when it should impose a financial penalty, and the level of financial penalty it should impose in each case.