Amber Valley Borough Council is committed to the Enforcement Concordat confirming its
commitment to the principles of good enforcement. The Council is a
public authority for the purposes of the Human Rights Act 1998.
Enforcement staff apply the principles of the European Convention
of Human Rights in accordance with the Act.
The purpose of the enforcement policy is to ensure that
enforcement decisions are always consistent, balanced, fair,
transparent, proportional and relate to common standards to ensure
the public is adequately protected.
Each case is unique and must be considered on its own merits.
There are however general principles that apply in the way each
situation must be approached. This policy sets out the factors to
be taken into account when considering the type of enforcement
action to be taken. The policy must be followed except in
Officers will be authorised by the Council to take action on
behalf of the Council, and are required to follow the policy
The possible outcomes of an inspection or investigation carried
out to fulfil statutory undertakings are:
a) issue a fixed penalty notice
c) use formal caution
d) refusal/revocation of licence/approval/authorisation
e) seek injunction
f) take informal action
g) take no action
It may be that one are more of these outcomes are appropriate in
any given case.