Amber Valley Borough Council is committed to the Enforcement Concordat(see link on this page) 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 exceptional circumstances
Officers will be authorised by the Council to take action on behalf of the Council, and are required to follow the policy outlined below.
The possible outcomes of an inspection or investigation carried out to fulfil statutory undertakings are:
a) issue a fixed penalty notice
b) prosecute
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.
