Examples of enforcement actions
Some examples are as follows:
- No action - used where there is not enough evidence, but details will be recorded.
- Advice/verbal warnings - used to address minor problems where traders have perhaps been unaware that they were breaking the law, or that their trading practices could be improved upon. It is a way of working with traders to avoid similar problems in the future and is particularly available to those local traders who approach the Department.
- Warning letter - used when the offence is not serious enough for formal action, but it is recorded that the trader was officially warned about the matter. Such warnings are taken into account should the trader re-offend.
- Forfeiture - Voluntary surrender of offending articles accompanied by advice or written warning.
- Enforcement order - we can seek Court Orders under the Enterprise Act 2002 against businesses who break certain consumer protection laws and who act in a way that puts public rights at risk. However, before taking action the trader will be invited to respond to the allegations against them, and we will work with them in an attempt to bring their work up to standard. The trader will also be able to give binding commitments (undertakings) instead of going to court.
- Formal caution - used in situations where there is enough evidence to support a prosecution and the person has admitted the offence but there are strong mitigating circumstances. A caution is not a conviction but it is an admission of the offence. There is no court case but the Caution is formally recorded and will be taken into consideration should they re-offend.
- Penalty notices for disorder - we issue such notices with regard to underage sales of alcohol, normally as an alternative to prosecution.
- Prosecution - The decision to prosecute someone in a Criminal Court is not taken lightly as we must show the defendant to be guilty 'beyond all reasonable doubt' and the 'Public Interest' test must be satisfied. The decision whether or not to start legal proceedings is taken by councillors
- Licensing - we may call for a review of a premises' licence when we have evidence that the licensing objectives are not being met. An example of this is where there have been underage sales of alcohol. A review can lead to a licence being revoked, suspended or conditions applied to the licence.
Please note that some offences may not come to our attention for some time and could have been committed some time ago. The business may now be trading legitimately, presenting no problem to consumers.
Unfortunately, for legal reasons we cannot name all traders unless they have been prosecuted. We are also not able to give further information on the trading practices for any of the traders listed/mentioned.