Communities and Environment Enforcement Policy

2.1 We take very seriously incidents where persons or businesses have acted negligently, dangerously, irresponsibly, or have caused a risk to the public or the environment. In these situations, it may be necessary for us to carry out a full investigation and enforcement action may follow.

2.2 Where it is necessary to carry out an investigation in to a potential offence, we will progress the matter without delay. All investigations will be conducted in compliance with the relevant legislation and guidance.

2.3 We will explain to the person what the alleged breach is and will provide an opportunity to discuss it with the investigating officer, this might be through an informal discussion or an interview under caution (often referred to as a PACE interview). Anything said during an informal discussion or interview under caution, and any other relevant information about the individual or the offence will 
be taken in to account when deciding what, if any, enforcement action to take. 

2.4 The Powers available to enforcement officers to enforce a breach include, but are not restricted to:

• Inspections and visits
• Verbal and written warnings
• Penalty notices for disorder (PND)
• Statutory orders
• Refusal, suspension, amendment of licences
• Enforcement notices
• Abatement notices
• Simple cautions
• Fixed penalty notices and Financial Penalties 
• Work carried out in default and emergency remedial action
• Forfeiture and seizure of goods
• Undertakings and injunctive action under the Enterprise Act 2002 (opens new window)
• Taking possession of animals
• Prosecution 

2.5 We will apply the following principles to our enforcement activities:

• Direct people to appropriate services within the Council where we believe additional help is 
• required. 
• Ensure that enforcement action is carried out in such a way as to avoid negative impacts on 
• the economic prosperity of Gateshead, whilst ensuring that public and resident safety is 
• achieved. 
• Flexibility will be used where appropriate 
• All enforcement action will be justified 
• Enforcement action will be carried out in a timely manner 
• Any Action taken will be properly reasoned and documented by the enforcing officer. The action taken and what should be done will be fully explained to the individual.