Introduction
This document sets out our Enforcement Policy and outlines what residents, businesses, consumers and workers can expect from the Council in performing its regulatory enforcement functions.
1.1 Economic regeneration is one of the key priorities of Tonbridge and Malling Borough Council. We are committed to supporting our businesses and wider community through co-ordinated regulatory delivery and by providing appropriate advice and guidance. However, there are occasions where organisations or individuals may come into conflict with the regulatory framework and on such occasions the Council may need to take appropriate action to deal with these issues.
1.2 This document sets out our Enforcement Policy and outlines what residents, businesses, consumers and workers can expect from the Council in performing its regulatory enforcement functions. In certain circumstances individual services such as Licensing, Planning, Street Scene & Leisure may have more detailed service specific enforcement policies which are published separately. Where no service specific policy is in place, the relevant service will apply the principles of this Policy.
1.3 The Council will apply the principles of the Regulators’ Code (see See Appendix B) to promote an efficient and effective approach to regulatory inspection and enforcement, improving the outcome of regulation without imposing unnecessary burdens on businesses or individuals.
1.4 This policy also sets out the approach to be followed by authorised officers when making decisions in respect of the Council’s compliance and enforcement activities. The Council is committed to ensuring that all authorised officers will abide by this policy, in addition to any relevant service enforcement policies.
1.5 Where any conflict arises between this Corporate Enforcement Policy and any service-specific policy in place, the provisions of the service-specific policy will apply. Any conflict between this Policy, any service-specific policy and any statutory or other legal requirement will be resolved in favour of the legal requirement.
Legislative Framework
1.6 The Council must have regard to the provisions of the Regulators’ Code (see See Appendix B) when exercising specified functions under the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 (as amended). The specified regulatory functions include powers and duties relating to the following:
- Anti-social behaviour
- Waste and Street Scene
- Environmental Protection
- Food safety
- Health and Safety
- Housing
- Licensing
- Public Health
1.7 In relation to Town & Country Planning, the enforcement regime is governed by the Town & Country Planning Act 1990. The Council’s policy in relation to such enforcement is addressed in the Council’s Planning Enforcement Plan.