Decision Maker: Leader of Eastbourne Borough Council
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
To note and agree to the use of the new powers allowing the Council to impose civil penalties as summarised in Section 2 of this report.
(1) To approve the Civil Penalties Policy as attached at appendix 1 to the report.
(2) To delegate authority to the Senior Specialist Advisor (Housing Standards) in consultation with Legal Services to agree the sum of civil penalties to be issued on a case by case basis in accordance with the proposed policy with the reviewing Officer to be the Housing Needs and Standards Lead.
The recommendation will enable the Council to utilise additional legislative powers as an alternative to prosecution for certain private housing offences. The Penalties are a quick, easy, cost effective sanction and a useful tool in driving up management standards within the private rented sector as well as income generating for the team.
To issue a Civil Penalty Notice the Council must have an approved and published Civic Penalties Policy. Without a policy, the Council would have to take a case to Court for non-compliance of any relevant Housing Act Notice served. The Civil Penalties enable the Council to take prompt enforcement action negating the need to prepare a prosecution file and spend time in Court. The penalty comes directly to the Council rather than in a trial any resultant fine goes to the Treasury. Civil Penalties are an additional tool rather than alternative to prosecution.
Publication date: 11/07/2019
Date of decision: 11/07/2019
Effective from: 18/07/2019