Topic > Factors to consider with enforcement action - 1244

According to Gloucester City Council (2009), enforcement is defined as an action led by environmental health services who are responsible for regulating a wide range of laws. If someone is found not to be complying with the legislation, enforcement measures will be taken. The primary concern of enforcement action is to protect public health, the environment and also groups of people such as workers and consumers. It is also believed that carrying out enforcement actions in a fair, practical and consistent manner could also help promote a successful local economy. There are several factors that must be considered when taking enforcement action, such as the severity of the violation, history of non-compliance, consequences of non-compliance, and ongoing risk to health, safety and the environment. As stated by Gloucester City Council (2009), there are three types of action that can be taken after inspection of the premises: no action, informal action and formal action. Usually no action is taken when no violations of the legislation are found and the condition and premises are in satisfactory condition. Therefore no further action will be taken. Once it is determined that breaches have been made, informal action will be taken, but will not be serious enough to require formal action. Informal communication will be given in the form of a letter and a scheduled calendar; sometimes only verbal advice on how to remedy any breach of the law and general good practice may be needed. The final option is formal action, which will only be taken if serious violations are found. There are several formal actions that can be used, such as Improving Hygiene N...... half of the document ......and seizure and detention notices. However, the officer does not have to sign the notices unless he witnesses such contraventions and when all relevant criteria are met. It is also important to remember that all food detention and seizure notices must be served in accordance with the relevant code of practice and the Departments of Public Protection for seizure of food detention practices. Once you have been served with the food seizure notices, you must apply for a maintenance order to the Magistrates Court as soon as possible and preferably within two days. While, once a food detention has been served, the authorized officer must issue a notice to withdraw the food detention or seize the food within 21 days and subsequently serve a notice of intention to apply for a conviction order.