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. Read more
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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)

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

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”.
Nov 07, 2019

Council turns to “little-used” legislation to crack down on home improvement companies

Gateshead Council has secured an enforcement order under the Enterprise Act 2002 to limit the behaviour of two home improvement companies which have been the subject of more than a hundred complaints from the public.
Nov 06, 2019

Defendants sentenced for unlicensed dog sales after first prosecution by council under new regulations

Three individuals last month pleaded guilty to selling dogs without a licence following what is believed to be the first prosecution under the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018.
Oct 15, 2019

Borough council fined £300k over fatal collision involving bus passenger

A council has been fined £300,000 after a passenger was killed when run over by a lorry at a bus station.
Oct 09, 2019

Trading standards body warns system not ready for no-deal Brexit

The UK's trading standards system is not yet ready for a 'no deal' Brexit, the Head of Policy at the Chartered Trading Standards Institute has warned.
Oct 08, 2019

Energy brokers fail in judicial review challenge to production orders granted in favour of trading standards team

Three companies that act as brokers between energy companies and small businesses requiring an energy supply have failed in a judicial review challenge to a judge’s decision to grant production orders in favour of Cheshire West and Chester Council (CWAC).


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.
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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.
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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).
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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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Oct 03, 2019

Retail chain and distributor ordered to pay £580k over sale of unsafe baby and child car seats

A three-year investigation by Milton Keynes Council’s Trading Standards team into the sale of unsafe car seats has seen a leading baby and children’s retail chain and a distributor ordered to pay out more than £580,000 between them.
Sep 30, 2019

Caravan site business ordered to pay £100k+ following council-led prosecution over swimming pool incident

A caravan site business in Norfolk has been ordered to pay fines, costs and a victim surcharge totalling £103,120 after a swimmer was pulled unconscious from a swimming pool.
Sep 26, 2019

Review finds no evidence council breached laws after waste found in Malaysian tip

Recycling sacks issued by Milton Keynes Council found their way onto a Malaysian refuse tip through misuse rather than any deliberate act by the council or its contractors, an independent audit has found.
Sep 18, 2019

Council hit with £100k fine after exposing workers to Hand Arm Vibration Syndrome

Dacorum Borough Council has been fined £100,000 for exposing seven grounds maintenance workers to Hand Arm Vibration Syndrome (HAVS), caused by excessive use of power tools.
Sep 13, 2019

Nearly half of letting agents inspected in London failing to comply with law, says trading standards body

More than 46% of 1,922 letting agents inspected in the 15 months up to June 2019 by local council trading standards officers were non-compliant with either the Consumer Rights Act and/or the legislation on redress scheme membership, London Trading Standards (LTS) has revealed.
Sep 02, 2019

Defendants behind energy tariff refund fraud sentenced to combined 13 years after Trading Standards prosecution

A case brought by the National Trading Standards Regional Investigation Team (East Midlands), which is hosted by Nottinghamshire County Council, has seen five individuals sentenced over energy tariff refund fraud.
Aug 29, 2019

City council hails success of scheme to clamp down on ‘beds in sheds’

Oxford City Council says it has shut down 21 ‘beds in sheds’ and served 31 enforcement notices since January 2018 when it received government funding to tackle the issue.
Aug 29, 2019

Failure to pay confiscation order leaves recycling fraudster facing further eight years in prison

A defendant convicted of defrauding the electrical waste recycling industry has been sentenced to prison for a further eight years after he failed to meet a £1.3m confiscation order.
Aug 19, 2019

Environmental regulator in Scotland to procure £500k in legal services

The Scottish Environment Protection Agency (SEPA) is to procure legal advice and advocacy services in respect of corporate and operational matters relating to its functions.
Aug 14, 2019

Landlord licensing scheme “could breach EU law” over accreditation requirement, claims landlords group

The Residential Landlords Association has claimed that Coventry Council’s landlord licensing and accreditation scheme is potentially unlawful and could breach European law.
Jul 04, 2019

City council secures £350k in compensation for victims defrauded by local plumbing companies

The victims of two plumbing companies who defrauded their clients have been fully compensated for their financial losses, after Southampton City Council prosecuted the individuals involved.
Jul 03, 2019

Property consultancy fined £1.33m after prosecution by council over death of woman during ‘Storm Doris’

A commercial property consultancy has been fined £1.3m after it was prosecuted by Wolverhampton City Council over the death of a 29-year-old woman during ‘Storm Doris’ in February 2017.
Jul 02, 2019

Costs awarded against council after failed ‘secondary ticketing’ prosecution

Costs have been awarded against North Yorkshire County Council in a case over the prosecution of ticket resellers, despite a judge saying she was reluctant to do so.
Jun 18, 2019

Government sets up task force to improve enforcement against Blue Badge fraud

The Government is to set up a task force to improve consistency of enforcement against Blue Badge fraud and help councils tackle misuse.
Jun 18, 2019

Councils failing to meet legal responsibilities on food safety, says spending watchdog

Some local authorities are failing to meet their legal responsibilities to ensure food businesses comply with the law, the National Audit Office has said this month.
Jun 13, 2019

City council prosecution sees bogus charity collector jailed

A man prosecuted by Bristol City Council for letting people believe they were donating money to charity has been sentenced at Bristol Crown Court to five months’ imprisonment following a guilty plea.
Jun 12, 2019

Council wins re-hearing of planning inspector’s decision to revoke enforcement notice against school

The London Borough of Brent has successfully appealed to the High Court against a planning inspector’s ‘out-of-time’ revocation of an enforcement notice against a school providing parking spaces for Wembley stadium events because the inspector failed to consider the council's argument that a material change of use of the land through intensification had occurred in 2016.
Jun 04, 2019

Council obtains £500k confiscation order against solicitor who used home as office for legal practice

A solicitor has been hit with a £500,000 confiscation order for repeatedly disregarding warnings from Ealing Council to stop using a home as the office for his legal practice.
May 15, 2019

LGA concern over funding for enforcement as research suggests 60% of retailers in some areas breaking law on knife sales

Some 60% of retailers in certain areas are breaking the law on underage knife sales, the Local Government Association (LGA) has warned.
May 13, 2019

Councils demand tougher sentences for fly-tippers as incidents rise 40% in seven years

Councils have called for a review of sentencing guidelines for waste and fly-tipping offences, amid an almost 40% rise in incidents since 2012.
May 10, 2019

GLA property arm fined £250k after wall collapses on man in front of wife and children

The land and property arm of the Greater London Authority has been fined £250,000 after an advertising hoarding collapsed onto a man in front of his wife and two children.
May 02, 2019

Couple who bought property subject to enforcement notice hit with £100k confiscation after continuing to rent it out

A couple who bought a property containing nine flats at auction despite being aware that an enforcement notice required its demolition have been ordered to pay a total of £136,240 for continuing to rent it out.
May 01, 2019

Environment Agency uses new legal powers to block access to illegal waste site

The Environment Agency has blocked access to an illegal waste site, using new legal powers for the first time.
Apr 30, 2019

London borough secures £1.1m confiscation order against landlord over studio and bedsit conversions

Southwark Council has secured a confiscation order for more than £1.1m against a landlord who turned three flats in London Bridge into around 20 studios and bedsits.
Apr 26, 2019

Ticket resellers win tribunal case over action taken by trading standards team

Four ticket resellers have won a case in the First-Tier Tribunal, which ruled that North Yorkshire County Council took action out of time.


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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.
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November 09, 2018

New RIPA Codes of Practice

Ibrahim Hasan looks at the key changes in the new RIPA Codes of Practice for Surveillance and Covert Human Intelligence Sources (CHIS).
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October 12, 2018

A valuable alternative to prosecution: the Environment Agency and civil undertakings

Civil sanctions in environmental law: what are they and why do they matter? Tim Green and Gus Baker explain.
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October 05, 2018

Privilege revisited

Helen Simm looks at what a recent Court of Appeal on privilege means for public bodies, who may find themselves facing a criminal or regulatory investigation as a result of an incident, accident or whistleblower allegations.
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September 07, 2018

Charging for Housing Act licences: the consequences of Gaskin

Dean Underwood considers the Divisional Court's recent decision on fees for licensing houses in multiple occupation and its far-reaching implications for local housing authorities nationwide.
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August 31, 2018

The merry-go-round of social housing regulation

Sarah Greenhalgh sets out the key points arising from the Social Housing Green Paper and accompanying consultation, and her initial view on the likely targets for regulatory reform.
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August 17, 2018

Game of Drones the Law - Season Two

There have been a number of recent developments in the law and regulation of drones. Paul Feild sets out the key points for local government lawyers.
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August 03, 2018

HMO licensing and upfront fees

The Divisional Court has recently considered what a local authority can include in upfront fees for licensing houses in multiple occupation (HMOs). Jonathan Manning analyses the outcome.
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July 27, 2018

Seized property, copied data and judicial review

Adam Kendall analyses a recent judicial review challenge brought by a company over data seized and copied by a council's trading standards department.
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July 06, 2018

Local authorities prosecuting manslaughter

Sarah Wilson sets out the key considerations in the recent prosecution for manslaughter of a defendant who sold 'fat-burning capsules'.
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June 15, 2018

Serving surveillance evidence

When should surveillance evidence be served? Catherine Burt looks at the lessons from a recent appeal involving a city council.
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June 01, 2018

Dealing with incursions

Wendi Batteson of Basingstoke and Deane Borough Council sets out some of the lessons learned from a recent planning enforcement case.
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June 01, 2018

Laying informations and time limits

Edmund Walters discusses a recent case in which he successfully appeared in the Divisional Court on a point concerning the laying of informations and doing so before the six-month time limit expires.
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June 01, 2018

The Modern Slavery Act 2015 and local authorities: an update

Raj Shah outlines important guidance and explains local authorities’ duties to ensure they comply with modern slavery legislation.
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May 04, 2018

Banning orders – how do they work?

Christi Scarborough looks at new powers available from 6 April 2018, and the circumstances under which private landlords or letting and management agents might end up subject to an order.
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April 13, 2018

Capping the number of hackney carriages

A Yorkshire council has fought off a Crown Court challenge to the limit it placed on the number of hackney carriage licences. Gary Grant explains how.
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April 13, 2018

Manchester on Alcohol & Entertainment Law

Professor Roy Light reviews the 4th edition of Manchester on Alcohol and Entertainment Law. Woods Whur Publishing, Leeds. £115 soft cover.
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March 29, 2018

Agents of Change

Will the introduction of an Agent of Change principle in planning succeed in protecting live music venues? The operation of other regimes in relation to licensing and statutory nuisance means this is far from certain, writes Michael Greig.
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March 16, 2018

Selective licensing and conditions

Jonathan Manning analyses an important Court of Appeal ruling on selective licensing and the power of local authorities to impose conditions.
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March 16, 2018

Context is king

Tim Briton looks at how licensing authorities - and their lawyers - can reach the "right" decisions in the absence of specific guidance from the law.
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