Business information

Our Enforcement Promise

Our Enforcement Promise is the service you can expect when working with our enforcement units.

Hertfordshire County Council is committed to making the county a prosperous place to live, work and travel in. We want to maintain the highest possible standards, providing services which meet the needs of everyone.

The Council therefore adheres to both the Enforcement Concordat and the Regulators Compliance Code. The Regulators Compliance Code promotes efficient and effective approaches to regulatory inspection and enforcement which improve regulatory outcomes without imposing unnecessary burdens on business. The Code replaces the Enforcement Concordat for Fire and Rescue and Trading Standards functions, for all other Council enforcement work the Concordat remains in place.

Departments throughout the council have a statutory responsibility to enforce laws that are made by Parliament. We want to work with local businesses and individuals rather than against them, encouraging compliance.

For example, the council’s Trading Standards department has to ensure that companies comply with legislation covering areas such as weights and measures and food safety. Other enforcers within the council include our Environment and Adult Care Services departments.

The following explains how our departments will apply business rules and regulations in a fair, consistent and balanced manner, as laid out in the Regulators Compliance Code and Enforcement Concordat. We will always aim to help businesses and individuals to stay within the law and prevent, where possible, formal actions being taken.

If you wish to give feedback about the Trading Standards pages on this website, or about the way we undertake our work then please select the link “Trading Standards Feedback”.

Business Support

We will support business by:

• Providing advice to encourage compliance with the law through leaflets, seminars, press releases etc.
• Making best use of resources by targeting areas where our help is most needed
• Listening to business concerns and complaints

Promise

When dealing with business and individuals we will:

• Explain the purpose of any visit or inspection carried out by our staff
• Ensure you know who you are dealing with
• Provide all necessary advice on legislation, including guidance on best practice
• Maintain confidentiality
• Where appropriate, provide a written explanation of our visit
• Avoid unnecessary inconvenience e.g. by ensuring that we visit at a convenient time
• Carry out our duties in a considerate and courteous manner
• Avoid undue delay in progressing investigations
• Explain any appeal route against our actions
• Encourage feedback about our services
• Liase with other enforcement agencies to promote consistency.

Additionally the Regulator’s Compliance Code requires the Trading Standards and the Fire and Rescue services to:

• Collaborate with other regulators to share data and minimise demand on businesses.
• Perform regulatory duties without impeding business productivity

In certain instances we may conclude that a provision in the Regulator’s Complaince Code is either not relevant or is outweighed by another provision. We will ensure that any decision to depart from the Code will be properly reasoned, based on material evidence and documented

Prosecution / Formal Actions Policy

Most breaches of the law will be resolved through advice or written warning. However, prosecution or formal action is an important part of the enforcement process. It will only be considered when:

• There is a significant risk to public safety or it is in the wider public interest to prosecute
• Fraudulent practice is involved
• There has been a repeated failure to heed advice
• There has been an obstruction of authorized staff carrying out their duties.

And having regard to the following:

• The evidence provides a realistic prospect of conviction
• The conviction will result in a significant sentence
• Consideration of the defendant’s previous behaviour
• The time in bringing the matter before a court / tribunal.