Appendix 1

Trading Standards Enforcement Policy

This Enforcement Policy explains what happens when we find infringements of Trading Standards law. For enforcement to be fair it is important we are open and clear about the basis on which we take action.

Our Service

Hampshire County Council is committed to protecting the public and maintaining fair trading for all businesses. The Trading Standards Service covers the following areas of law:

· Animal Health and Welfare (on agricultural premises)

· Consumer Credit eg misleading and incomplete advertisements

· Environmental Safety eg packaging, explosives and petroleum

· Fair Trading eg false descriptions and misleading prices

· Food quality, composition and labelling

· Product Safety and Under-age sales

· Weights and Measures

We use advice as the main method of ensuring businesses comply with legal requirements. We inspect business premises, test products, give talks, publish a range of leaflets and produce guidance on our web site. When we receive an enquiry, we aim to respond within 3 working days to phone messages and 5 working days to letters, e-mails etc. Complex matters may take longer and we will give a full reply or progress report within 15 working days. For full details of our service standards see Factsheet 5, `Hampshire - a responsive County Council', available from our Information Centres or our website http://www.hants.gov.uk/communications/factsheet5.html )

We believe prevention is better than cure. The Service operates a `Buy With Confidence' scheme that is intended to raise standards of fair trading by approving local businesses and recommending them to consumers. Please contact our Advice Service for further information (see contact details at the end of this policy)

or log on to:

http://www.hants.gov.uk/regulatory/bwc/bwcind.html

What you can expect of our staff

You are entitled to expect our staff:

· To be courteous and helpful

· To identify themselves by name and produce identification if requested

· To provide a contact point for any further dealings

· To give clear and accurate advice

· To confirm advice in writing on request, explaining why action is required and over what time-scale

· To clearly distinguish between what you must do to comply with the law and what is recommended as best practice

· To minimise the cost of compliance by requiring proportionate action

· To give you reasonable time to comply (unless immediate action is necessary in the interest of health, safety or to prevent evidence being lost)

· To notify you if the matter is to be reported for legal proceedings

· In cases of dispute, to advise you of the procedure for making a complaint or representations

· To maintain confidentiality

Action we take if the law is contravened

When we find a breach of the law, in the majority of cases we deal with the matter by advice. However, in more serous cases we can take a number of actions, including:

· Verbal or written warning

· Indirect action eg referral to another authority for action

· Formal Caution

· Injunction - Stop Now Order

· Suspension, seizure or voluntary surrender of goods

· Prosecution and/or forfeiture of goods

Before any legal action is taken there will be an opportunity to discuss the case, although when we are considering a prosecution this will be at a formal interview. In less serious cases, as an alternative to prosecution, we may give the option of signing a formal admission that an offence has been committed.

Where immediate action is necessary an explanation will be given at the time, and confirmed in writing - usually within 5 working days, and always within 10 working days. Where there are rights of appeal, these will be clearly set out in writing at the time the action is taken. We will provide this information in the appropriate language where English is not the person's first language.

Our policies provide for situations where we share an enforcement role with other agencies eg environmental health departments for food matters; police for under-age sales of alcohol etc.

Taking Formal Legal Action

In deciding what formal action to take, a number of factors will be taken into consideration, including:

· The seriousness of any alleged offence

· The value involved

· The vulnerability of consumers affected

· The risk to the public or animals

· The previous history of the business

· Any statutory defence available

· Action taken to prevent any recurrence

· Any explanation offered and, as far as the law allows, the circumstances and attitude of the business

· What course of action will best serve the public interest.

Prosecution, or injunction, is a last resort and only taken in cases that involve serious offences relating to public health or safety, deception, continued negligence, obstruction or wilful non-compliance. The decision to prosecute is taken by a senior manager:

· in accordance with the Code for Crown Prosecutors

· without any unnecessary delay

· and in accordance with statutory requirements and all other codes of practice.

Good Enforcement Practice

Hampshire County Council has signed the Government's Enforcement Concordat (copy available on request or visit

www.cabinet-office.gov.uk/regulation/publicsector/enforcement/concordat.htm ) to show its commitment to good enforcement practices.

We endeavour to serve the people of Hampshire by working with the business community to ensure fair and safe trading and a thriving economy. We take particular care to help small businesses, voluntary and community organisations meet legal obligations with minimal expense. To assist in this aim, we are members of voluntary groups and business partnerships in the county.

If you have any comments on this Enforcement Policy or would like further information, please contact us. Tel 0845 603 0081 (all calls charged at local rates) Textphone 01962 847593

Fax 01962 843915

Buy with Confidence 01962 846232

e-mail [email protected]

Website www.hants.gov.uk/regulatory/

This policy is available in large print and alternative languages on request.