Decision details
Civil Penalties Policy
Decision Maker: Leader of Eastbourne Borough Council
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
Purpose:
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.
Decision:
(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.
Reasons for the decision:
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.
Alternative options considered:
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
Accompanying Documents: