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Lewes and Eastbourne
Councils

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: