Enforcement actions against offences, as set out in this document, will require authorised officers to follow set procedures and protocols.
This will ensure consistency in the collection of evidence and the type of enforcement actions applied. Enforcement action should only be taken if there is compelling and complete evidence of an offence having taken place.
The Dorset Council’s Waste Enforcement Team will use the following range of enforcement actions.
Type of enforcement action
Information and advice
Activities to be undertaken
The first contact with a person reported to Dorset Council’s Waste Enforcement Team or believed to be causing or permitting an offence, will be by advisory letter or verbal communication. The enforcement officer’s role will be to inform, guide and support.
If written observations, suggestions or requirements are appropriate, such written guidance will clearly identify the nature of the complaint or problem and any remedial works that are required.
Any requirements made verbally or in writing will clearly identify whether they are mandatory or advisory in nature. If the requirements are mandatory, a timescale for compliance will be specified.
Informal written warnings may be issued to make clear that it will view any further breaches of legislation to be treated seriously and that these may be subject to enforcement action.
Type of enforcement action
Written Warnings
Activities to be undertaken
Written warnings should only be used when there is evidence that shows beyond reasonable doubt that a person has committed an offence and it is considered to be inappropriate to issue a simple caution or Fixed Penalty Notice.
A written warning should contain the following information:
- date
- time and location of the alleged offence
- personal details of the alleged offender
- the nature of the offence and relevant legislation
- be signed and dated upon issuing by an authorised officer
Type of enforcement action
Simple cautions
Activities to be undertaken
The decision whether to issue a simple caution, or higher level enforcement action, will relate to the nature of the offence and the attitude of the alleged offender.
As with all types of enforcement action, the alleged offender will be required to supply the officer with their personal details. These details cannot be used to issue any other type of enforcement action for that offence; however, they can be used in conjunction with future enforcement action.
Persons alleged to have committed an offence will only be issued with one simple caution and this will be kept on record for 5 years.
Dorset Council’s Waste Enforcement Team can issue simple cautions (previously known as ‘Formal Cautions’) as an alternative to prosecution for less serious offences and where a person admits an offence and accepts the simple caution. If a simple caution is offered and declined, prosecution will be considered.
Simple cautions must contain the following information; date, time and location of the alleged offence, personal details of the alleged offender, the nature of the offence and relevant legislation.
It must be signed and dated by an authorised officer and must be issued using a formal notice which also includes the signature of the offender agreeing to accept a caution
Type of enforcement action
Fixed Penalty Notices (FPN)
Activities to be undertaken
An FPN will be issued to persons who are alleged to have committed an offence where it is considered to be the most appropriate enforcement action. This gives the alleged offender the opportunity of discharging any liability to conviction for the offence by payment of an FPN.
It is essential for the issuing of an FPN that the authorised officer collects adequate evidence to support any legal proceedings if the notice is returned unpaid.
The FPN must contain the following information; date, time and location of the alleged offence, personal details of the alleged offender, the nature of the offence and relevant legislation, and be signed and dated upon issuing by an authorised officer.
The notice will clearly state that by opting to pay the fixed penalty, Dorset Council’s Waste Enforcement Team will take no legal action for the prescribed offence.
When an FPN has been issued, the alleged offender has 14 days within which to make the full payment amount or pay a discounted amount within 7 days.
After 14 days if an FPN has not been paid, the alleged offender will be sent a reminder letter. This letter will state the terms of the penalty payment, and the payment deadline. If it remains unpaid for a period of 14 days after the payment deadline has passed, a file will be put together, and court proceedings will be issued.
Unpaid penalties will be followed up by prosecutions through the courts
Type of enforcement action
Prosecution
Activities to be undertaken
In certain cases, prosecution through the courts may be the most appropriate course of action, or where other enforcement actions have had no effect. Prosecution will likely follow when:
- an FPN is issued to an alleged offender is returned unpaid after the 14 day payment period
- three FPNs have been issued to a person
- an offence is of a size or nature where an FPN is considered to be insufficient
- it is an offence where an FPN cannot be issued
Where prosecution through the courts is appropriate, a full case file will be prepared by the Enforcement Officer and then reviewed and signed off by the Head of Strategy, Dorset Council’s Waste Enforcement Team.
Once signed off, it will be passed to the Dorset Council Legal Department for further scrutiny and to progress for prosecution if it is within the public interest.