Regulatory

The Standard of Proof in Inquests

Jonathan Landau examines the implications for local authorities of the Supreme Court's ruling in the Maughan case. Read more

NEWS

Dec 01, 2020

Government issues regulations for new enforcement notices local authorities can issue in bid to reduce public health risk of Covid-19

The Government has published the regulations for three new notices local authorities in England will be able issue to reduce the public health risk posed by the coronavirus.

Nov 19, 2020

Department store hit with £17k penalty notices after staying open in breach of COVID-19 regulations

Middlesbrough Council has hit a department store in the town with fixed penalty notices totalling £17,000 after it failed to close as required under COVID-19 regulations.

Nov 06, 2020

Police arrest gym owner on suspicion of breaching COVID lockdown regulations, council issues venue with prohibition notice

Essex Police have arrested a gym owner in Harlow on suspicion of breaching coronavirus legislation.

Nov 02, 2020

West Midlands Police obtains closure order for shisha lounge just weeks after venue was hit with £10k fine for COVID-19 rules breaches

West Midlands Police has secured a closure order for a shisha lounge after its second major Covid-19 breach in weeks.

Oct 30, 2020

Council serves Community Protection Notice on major retailer for failing to enforce mask wearing in store

A London borough has issued a Community Protection Notice to all B&M stores in its borough for failing to enforce the wearing of face coverings despite having received a Community Protection Warning Notice last month.

Oct 12, 2020

Council says it was told by government official not to take action against shops that were failing to enforce mask-wearing

The Leader of Barking and Dagenham Council complained to the Business Secretary in a letter last week after the council said it was told by an official at the Department of Business, Energy & Industrial Strategy (BEIS) to stop taking action against local shops that were failing to enforce mask-wearing.

Oct 08, 2020

Government issues guidance on COVID-19 secure marshals, stresses the role has no enforcement powers

The Government has issued guidance on how the £30m allocated to district and unitary authorities for COVID-19 related compliance and enforcement activities should be spent.

Sep 14, 2020

Care home business in South Wales fined £432k for fire safety failings

A residential care home business in Cardiff has been fined more than £430,000 for serious fire safety failings, following a prosecution brought by South Wales Fire and Rescue Service.

Jul 21, 2020

Council ordered to pay out £150k after tree branch fell and killed driver’s baby

A council has been fined £100,000 and ordered to pay almost £50,000 in costs after a branch from a tree fell and struck the vehicle of a pregnant mother while she was driving with her two children.

Apr 08, 2020

Health and safety watchdog outlines when RIDDOR report is needed for COVID-19 cases

The Health and Safety Executive has set out when a report must be made under RIDDOR (The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) in relation to COVID-19.

FEATURES AND ANALYSIS

November 04, 2020

The Lockdown 2 Regulations

Gary Grant and Charles Holland summarise the key points from the regulations implementing the latest national lockdown.

September 24, 2020

Proportionality and the Regulator’s decision to prosecute in the time of Coronavirus

Has the public interest test for prosecution been changed in the regulatory context by COVID-19? James Puzey analyses the issues.

September 17, 2020

Decisions whether to prosecute

Ben Williams sets out the general principles when it comes to decisions to prosecute.

June 26, 2020

COVID-19 & RIDDOR for care providers

Edward Sainsbury and Peter James consider when and when not to report in relation to COVID-19 and RIDDOR.

May 22, 2020

The end of R v Ghosh and the new test for criminal dishonesty

A recent judgment of the Court of Appeal is likely to be welcome news for local authority prosecutors and their investigation teams, writes Matt Marsh.

May 22, 2020

Don’t put it in writing! Problems in store for local authority environmental crime

Ben Mills analyses an important ruling on the powers of local authorities to investigate environmental crime.

May 15, 2020

Selling food after its "use by" date

The High Court has ruled that offering food for sale after its labelled “use by” date is prima facie a criminal offence. Hazel Jackson examines the background to the ruling and looks at its implications.

May 11, 2020

Unlicensed HMOs and liability

A London borough recently successfully defended two claims for judicial review of decisions it made against directors of property companies operating, and owners of property, in its area. Simon Kiely, Aleksandra Wolek and Christos Paphiti explain how the ruling will help local authority housing departments and prosecutors.

The legal world’s “perfect” solution to paper-based working that is anything but!

In the legal world PDFs are often seen as the ideal replacement for paper-based systems. But as many have discovered digital workflows underpinned by PDFs come with their own set of challenges.

MORE NEWS

Apr 07, 2020

Divisional Court rejects Tesco judicial review challenge over criminal offences and food offered for sale after ‘use by’ date

Supermarket giant Tesco has lost a judicial review challenge over whether it was a criminal offence for a shop to offer food for sale, or otherwise place it on the market, after its labelled "use by" date.

Mar 24, 2020

Council officers responsible for enforcing regulations requiring businesses to close during lockdown

Environmental Health and Trading Standards officers will be able to issue prohibition notices to enforce regulations requiring non-essential businesses and premises to close during the coronavirus pandemic.

Mar 03, 2020

High Court grants council injunction over waste site at former brickworks

Calderdale Council has secured a High Court injunction against the operatives of a waste site at a former brickworks.

Mar 02, 2020

Council prosecution sees shopkeeper fined £25k for fake iPhones and banned tobacco

An east London business owner has been ordered to pay £25,000 after 160 counterfeit iPhones and banned tobacco were found in his shop.

Feb 20, 2020

Trading standards wins landmark prosecution of ticket touts

Yorkshire trading standards officers have helped to secure the first successful prosecution against a company fraudulently reselling event tickets on a large scale.

Feb 17, 2020

Chartered Trading Standards Institute publishes guidebook for UK care homes industry

The Chartered Trading Standards Institute (CTSI) has launched a new complaints guidebook for the UK care homes industry designed to help operators understand consumer law and implement a complaints process.

Feb 12, 2020

Council prosecution sees unlicensed dog breeders hit with £600k+ confiscation order

A mother and daughter who bred dogs without a licence, rearing at least 193 litters, have been ordered to pay back more than £600,000 following a prosecution brought by Winchester City Council.

Feb 07, 2020

Councils express concern at prospect of witnesses at Grenfell Inquiry securing immunity from use of evidence in later prosecutions

The Local Government Association has said it is “extremely concerned” that some witnesses to the Grenfell Inquiry could be granted immunity from having any evidence they give used in subsequent prosecutions against them.

Jan 31, 2020

Environment Bill to give local authorities clear framework for tackling air pollution: Defra

The Government this week re-introduced its Environment Bill to Parliament, claiming that measures contained in the legislation would “ensure that local authorities have a clear framework for tackling air pollution and simple to use powers to address pollution in their areas”.

Jan 30, 2020

Ombudsman criticises district over handling of industrial noise complaint

Daventry District Council failed to tackle an industrial noise complaint properly because it did not take account of all the evidence presented.

Jan 27, 2020

Government to set up new regulator for oversight of high-risk buildings

The Government has unveiled plans for a new regulator to oversee the design, construction and occupation of high-risk buildings.

Jan 16, 2020

Restaurant chain fined £40k over ‘misleading’ lobster dish

The 'Ask Italian' restaurant chain – part of the Azzuri Restaurants group – has been fined £40,000 by Swansea Magistrates after pleading guilty to an offence under the Food Safety Act 1990.

Jan 16, 2020

Government sets up taskforce to tackle serious and organised waste crime

The Government has launched a Joint Unit for Waste Crime (JUWC) bringing together law enforcement agencies, environmental regulators, HMRC and the National Crime Agency from across the UK to target waste criminals.

Jan 15, 2020

Council prosecution sees nightclub and operators sentenced following customer death

A company that operated a former nightclub where a customer died in a fall, has been ordered to pay £24,000 in fines and costs.

Jan 07, 2020

Council prosecution sees serial fly-tipper handed 30-month custodial sentence

A defendant found guilty of five separate fly-tipping offences has been given a 30-month custodial sentence, following a prosecution brought by Portsmouth City Council.

Jan 06, 2020

Tougher sentences needed to deter fly-tipping, says Local Government Association

Councils have called for the introduction of tougher sentences for fly-tipping, after the latest figures showed it costs them £58m a year to clear up.

Jan 03, 2020

Ministry awards £4m to 100+ councils to help tackle criminal landlords and letting agents

More than 100 councils in England will share over £4m as part of a crackdown on criminal landlords and letting agents, the Housing Secretary has announced.

Jan 02, 2020

Council prosecution sees landlord fined £27k for multiple HMO breaches

A landlord in Luton has been ordered to pay £27,000 at a sentencing hearing after previously pleading guilty to illegally managing a house in multiple occupation.

Dec 19, 2019

Director of lettings and property management agency jailed for two years over £230k fraud

The director of a lettings and property management agency who defrauded more than £230,000 from the landlords and tenants that were his clients has received a two-year prison sentence, following an investigation by Southampton City Council’s Trading Standards Service.

Dec 12, 2019

Birmingham landlord fined £20k after breaching housing regulations

A Birmingham landlord has been fined nearly £20,000 after pleading guilty to failing to obtain a House in Multiple Occupation (HMO) licence and to 13 breaches of HMO Management Regulations.

Dec 02, 2019

Council secures £400k+ confiscation order against landlord over house in multiple occupation with 15 tenants

Joint action by Hillingdon Council’s planning enforcement and trading standards teams has seen a Hayes landlord ordered to pay more than £430,000 after she turned her property into an illegal House in Multiple Occupation (HMO).

Dec 02, 2019

Council secures £400k+ confiscation order against landlord over house in multiple occupation with 15 tenants (2)

Dec 02, 2019

Welsh council defeats appeal by dog breeder over refusal to renew licence

A Welsh council has successfully defended its decision not to renew a dog breeder’s licence over breaches of conditions identified during unannounced inspections.

Nov 26, 2019

Camden Council obtains first rogue landlord banning order in London

Camden Council is reported to have obtained London’s first rogue landlord banning order against a man who repeatedly placed tenants’ lives at risk through letting unsafe housing.

Nov 13, 2019

New regulation requires drone pilots to register and pass test before end of November

The Civil Aviation Authority has launched a new Drone and Model Aircraft Registration and Education Service, heralding new conditions requiring drone pilots to register as an operator and pass an “online education package”.

MORE FEATURES

April 27, 2020

Civil financial penalties – how much is too much?

Howard Lederman considers the principles which apply to the amount of penalties local housing authorities can impose for relevant housing offences, following recent guidance by the Upper Tribunal.

April 09, 2020

Covid-19 scams and how to tackle them

Supplying counterfeit personal protection equipment (PPE), unproven health supplements purported to prevent infection and failure to supply paid for PPE are amongst a number of scams occurring during the COVID-19 crisis, say Cameron Crowe and Sabrina Goodchild, who look at the powers local authorities can use in response.

March 24, 2020

Enforcing the lockdown

The government is once again using s.45C of the Public Health (Control of Disease) Act 1984 to impose distancing measures, writes Charles Holland, as new measures are introduced in Wales.

March 23, 2020

Closing restaurants, cafes and pubs during COVID-19

Charles Holland analyses the regulations issued by the government for the closure of restaurants, cafes, pubs and other leisure venues during the coronavirus outbreak.

March 13, 2020

A broken shield isn’t that useful…

Changes to the Primary Authority scheme are needed if it is to retain its credibility, write Helen Atkinson, Ian Andrews and Joyce-Oyella-Ogaba.

February 07, 2020

Will local authorities become airspace planners?

Local authorities need to have a clear understanding of the legislation on drones and an enforceable policy in place or they are putting themselves at risk, write Richard Ryan and Chris Gee.

January 29, 2020

Securing approval for selective licensing

David Smith considers the lessons to be learned from the Government's most recent decisions in relation to selective licensing schemes.

January 17, 2020

Prosecutions of local authorities by the Care Quality Commission

In December 2019, the Care Quality Commission brought its first prosecution against a local authority. Lorna Kenyon said the case demonstrates the importance of considering whether to admit or contest a prosecution at an early stage.

November 14, 2019

Spent convictions, underlying conduct and the 'fit and proper person' test

James Findlay QC and Riccardo Calzavara report on an Upper Tribunal ruling on spent convictions and the ‘fit and proper person’ test for holding a property licence under the Housing Act 2004.

October 29, 2019

Private landlords, electrical safety standard and implied terms

The path has been set for a new implied term that electrical safety standards are met. Elizabeth England sets out how the provisions will apply to private landlords and most private registered providers of accommodation.

September 25, 2019

The Tenant Fees Act: Does it have any teeth?

Katrina Mather assesses the likely impact of the Tenant Fees Act and the role of local authorities in its enforcement.

August 09, 2019

How does a local authority establish a market?

The LexisPSL team outline the powers available to local authorities looking to establish a new market.

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June 07, 2019

Tenant Fees Act 2019 - government guidance

The government recently published guidance on the Tenant Fees Act 2019 (TFA 2019). Robin Stewart and David Smith of Anthony Gold Solicitors look at some of the key questions relating to the guidance, including enforcement, penalties and some controversial aspects such as guidance pertaining to payment of damages.

May 17, 2019

The changing landscape of local authority Trading Standards prosecutions?

Richard Heller considers the potential impact of Qualter and others v Crown Court at Preston [2019] EWHC 906 (Admin) could have on the way regional Trading Standards services investigate and prosecute criminal offences (registration required).

May 10, 2019

Avoiding adverse costs orders

How can local authorities avoid adverse costs orders in the First-tier Tribunal? Robin Stewart sets out the lessons from a case where a council failed to revoke an emergency prohibition order over a property.

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March 25, 2019

Know the facts: Homes (Fitness for Habitation) Act

Neil Brand sets out the key considerations for local authorities and landlords arising out of the Homes (Fitness for Habitation) Act.

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February 22, 2019

The definition of "commercial practice"

A recent Divisional Court ruling on unfair commercial practices will be of interest to trading standards teams across the country, writes Tony Watkin.

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January 18, 2019

A cautionary tale concerning the use of POCA in planning

Michael Dempsey discusses the growing trend in the use of the Proceeds of Crime Act 2002 by local planning authorities to obtain confiscation orders against those committing planning offences and examines a recent case that serves as a reminder that POCA should not override or unduly influence other planning decisions.