Sheffield City Council Trading Standards - Business Advice - New Businesses

SHEFFIELD CITY COUNCIL SHEFFIELD TRADING STANDARDS ENFORCEMENT POLICY

This document sets out standards of enforcement that businesses, individuals and the community as a whole can expect from the Council's Sheffield Trading Standards Service. It commits all officers to good enforcement policies and procedures. Our policy is reviewed annually, please feed any comments you may have back to us, see Contacting Us for details of how to contact us.

1.0 INTRODUCTION
The primary objective of the Service is to maintain a fair and safe trading environment for consumers and businesses alike which is achieved through the equitable and consistent enforcement of Trading Standards legislation. We recognise that the effectiveness of legislation depends upon the compliance of those regulated and that most businesses and individuals want to comply with the law. We will assist and advise wherever possible, whilst taking firm action against those who flout the law or act irresponsibly. With this in mind the service has adopted the Government's Concordat on Good Enforcement for responsible businesses and in doing so commits itself to the following aims and procedures:-

2.0 AIMS

2.1 Standards We are committed to consultation with business and other interested parties on service provision. We will draw up clear standards setting out the level of service and performance that the public and business can expect to receive. We will publish these standards and report on our annual performance.
2.2 Openness We will provide accessible information and advice, in plain language, on the legislation that we enforce. We will be open about how we set about our work, again consulting local business and all other interested parties.
2.3 Helpfulness We believe that prevention is better than cure and we will actively work with local business to advise on and assist with, compliance with the law. We will provide a courteous and efficient service and our staff will identify themselves by name. We will offer a contact point and telephone number to encourage further liaison. Application for licences and registrations will be dealt with efficiently and promptly. We will strive to ensure that wherever practicable our activities are effectively co-ordinated to avoid unnecessary overlaps and/or delays.
2.4 Complaints about our Service All complaints will follow the Council's formal complaint procedure, which is easily accessible to all service users, and which explains the rights of complaint and appeal, including the likely timescales involved.
2.5 Proportionality We will, as far as the law allows, and where co-operation is given, work with business so that they can meet their legal obligations without unnecessary expense. We will take into account the costs of compliance for business by ensuring that any enforcement action we take or remedial action we require is proportional to the risks. In relation to small businesses, voluntary and community organisations, we will take particular care to help them meet legal obligations without incurring unnecessary costs.
2.6 Consistency We will carry out our duties in a fair, equitable and consistent manner. Whilst officers necessarily exercise judgement in individual cases, we will have arrangements in place to promote consistency, including liaison with other authorities and agencies. We recognise that there are situations where there is a shared enforcement role. We will ensure that in those circumstances enforcement is effectively and efficiently co-ordinated to avoid duplication of resources.

3.0 PROCEDURES

v Advice from an officer will be put clearly and simply, confirmed in writing on request, explaining why any remedial work is necessary and over what timescale. Legal requirements will be clearly distinguished from best practice advice.
v Before formal enforcement action is taken, there will be an opportunity to discuss the circumstances of a case, unless immediate action is required (e.g. to prevent destruction of evidence or there is an imminent risk to health and safety).
v Where immediate action is taken, reasons for such action will be given at the time, and confirmed in writing in most cases within 5 working days, and in all cases within 10 working days.
v Where there are rights of appeal against formal action, notification of the appeal mechanism will be clearly set out in writing at the time the action is taken.

4.0 WHEN DO WE PROSECUTE?
Before deciding whether a prosecution shall be taken against a business or individual, we will consider a number of factors in line with the Code for Crown Prosecutors. These factors may include the following:

The seriousness of the alleged offence;
The history of the party concerned;
The willingness of the business or the individual to prevent a recurrence of the problem and co-operate with officers;
Whether it is in the public interest to prosecute; The realistic prospect of conviction; Whether any other action (including a formal caution) would be more appropriate or effective; The views of any complainant and other parties with an interest in a prosecution.

5.0 APPLICATION OF OUR POLICY

To apply the enforcement polcy in a clear and understandable manner, a series of flowcharts showing detailed working practices covering the full range of Trading Standards functions are supplied to staff carrying out enforcement duties for ease of reference.
And, finally, whilst reference will need to be made to the policy in all enforcement decisions, officers will also need to take cognisance of any relevant developing guidance along with service quality system procedures.

6.0 REVIEW This document will be subject to an annual review with additional reviews as and when required. Improvements will be introduced to accommodate changes in legislation and local needs.

Sheffield City Council, Trading Standards, 2-10 Carbrook Hall Road Sheffield, South Yorkshire S9 2DB
Telephone: (0114) 2736290 Fax: (0114) 2736248
Internet World Wide Web http://www.tradingstandards.gov.uk/sheffield/
Electronic Mail: trading.standards@sheffield.gov.uk
Copyright © Sheffield City Council Trading Standards 2001