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Key contacts

Trading standards (business)
Essex County Council
New Dukes Way Office
2 Beaufort Road
Dukes Park Industrial Estate
Chelmsford, CM2 6PS

Telephone: 0845 603 7626

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Enforcement Policy

1. This policy covers all aspects of Essex County Councils Trading Standards enforcement activities including:

  • Responding to complaints
  • Conducting investigations
  • Carrying out visits to businesses
  • Organising education activities
  • Undertaking specific projects
  • Sampling and test purchasing goods and services.

2. We subscribe to the principals and objectives of the statutory Code of Practice for Regulators (the Code) made under the Legislative and Regulatory Reform Act 2006. We believe that all enforcement should be risk based and proportionate.
3. We believe that good enforcement of regulation can act as an enabler to economic activity and we acknowledge that the vast majority of Essex businesses are honest, legitimate enterprises that want to keep within the law. We want to work with those businesses, helping and encouraging them to understand and meet regulatory requirements.
4. We believe that the vast majority of businesses in Essex accept their responsibility to ensure they comply with the law and that they wish to do so. If they fail to do that we understand the need to respond proportionately and in so doing we will consider the size and nature of the business and the potential impact of any requirements we may seek to impose.
5. We will use risk assessment methodology to target our resources effectively, concentrating our efforts where there is the greatest likelihood of non compliance and the potential for most harm. We will also adopt an intelligence led approach to enforcement and ensure we target those businesses that are causing the greatest harm to Essex consumers and legitimate businesses.
6. We will ensure that all businesses have access to free general advice, including updating them on changes in the law and giving advice on new legislation. We will also offer businesses more detailed advice and consultancy services which they can purchase. We will ensure our advice is offered in appropriate formats and is clear and (as far as possible) jargon free. When giving advice we will distinguish clearly between statutory requirements and that which is desirable but not mandatory.
7. Wherever practicable we will liaise with other relevant advice and enforcement agencies that have joint or complementary enforcement roles in respect to ensure we take a ?joined-up? approach. We will provide a single-point of contact for signposting or referring businesses to advice and assistance from other agencies. Where possible we will undertake joint visits and combine written advice in one, clear, practical communication. Subject to restrictions under the Data Protection Act and other Trading Standards legislation to avoid duplication of collection we will share data with other enforcement agencies where this is practicable, beneficial and cost effective.
8. If a business is found to be breaching the law we will, where appropriate, offer to deal with it by offering advice and guidance and seek to rectify matters within an agreed timescale.
9. If we issue information or advice to a business which they fail to follow we can take formal action to achieve compliance. Formal action in this sense includes:

  • Commencing action in the civil courts on behalf of an individual consumer, on a general point of law, or to secure a formal undertaking
  • Issuing formal cautions and warnings
  • Prosecuting offenders in the criminal courts.
  • Seizing goods and other evidence
  • Issuing Suspension Notices, Improvement Notices or other such statutory documents
  • Requesting a licence review (e.g. alcohol sales)
  • Instituting a product recall

10. In considering what action might be appropriate we will seek to ?

  • Commencing action in the civil courts on behalf of an individual consumer, on a general point of law, or to secure a formal undertaking
  • Aim to change the behaviour of the offender
  • Aim to eliminate any financial gain, in particular using the Proceeds of Crime Act
  • Consider what is appropriate for the particular offender
  • Be proportionate to the nature of the offence and the harm caused
  • Aim to deter future non-compliance

11. Before taking formal action, we will liaise with any relevant agency (eg. OFT, Police, Environmental Health, British Cattle Movement Service) where a joint or complementary enforcement role exists. We subscribe to the principles of the LACORS Home Authority agreement.
12. Whilst our overriding aim is to help businesses understand and comply with the law we will not hesitate to investigate and (where appropriate) take immediate formal action against any person, trader or business that deliberately, dishonestly, recklessly or fraudulently breaches fair trading and safety laws in Essex. In so doing we will have regard to the Code for Crown Prosecutors and the Essex County Council Trading Standards Prosecution Policy  (including compliance with Human Rights legislation). In particular we will take immediate formal enforcement action against any person or business that sells alcohol to young people under the age of 18. We will also work with other agencies to disrupt such activities whenever and wherever possible.
13. Essex County Council operates a complaints procedure covering the actions of Essex County Council Trading Standards Services.