Councillor Elizabeth Grey introduced a report by the Assistant Director – Safer Wirral Service which sought the approval of the updated Wirral Council Enforcement Policy. The Cabinet was informed that the Council’s previous Enforcement Policy had last been amended in 2016 and, therefore, in line with good governance and subsequent changes in the Council’s approach to enforcement, it must now be updated.

The Cabinet noted that the Policy provided guidance to officers, businesses, and the public on the range of options that were available to achieve compliance with legislation enforced by the Council’s various regulatory services. It was designed to help officers; businesses and the public understand the Council’s objectives and methods for achieving compliance and the criteria it considered when deciding the most appropriate response to a breach of legislation.

It was reported that the key changes to the policy document included the removal of references to a robust approach to litter and dog fouling by authorised third parties. Other changes had expanded the scope of the policy to include safety within sports grounds which had previously been absent. Minor formatting issues and phrasing had also been reviewed. 

The Cabinet was informed that not updating the Policy could be considered as an option.  However, for the purposes of good governance, best practice and to reflect the changes in the approach to litter and dog fouling by authorised third parties the policy had been reviewed and where required, updated.

This matter affected all wards within the Borough and was a key decision.

Appended to the report at Appendix 1 was the Wirral Council Enforcement Policy 2020.

Councillor Grey informed that the new Enforcement Policy met all the statutory requirements of the Regulator’s Code.  The Policy explained how the Council would respond to non-compliance in a way that was transparent, accountable, proportionate, consistent and risk based.  The Policy covered a broad range of regulatory services, its scope took in multiple areas including housing, environmental Health, Trading Standards, Planning Enforcement, Building Control, Waste and Environment, Licencing and Safety of Sports Grounds.  It was an overarching policy and each separate service area would have specific technical policies which refer to it. 

Councillor Grey also informed that the Policy removed some of the more contentious elements contained in the previous version concerning the use of external contractors using the zero-tolerance approach especially in Waste and Environment. The Policy was now more about graduated enforcement and should be non-confrontational.  However, it was robust, and officers had open to them all enforcement powers legally available should the situation require this.  The Policy allowed both fairness and effectiveness in dealing with non-compliance and enforcement.  It would help businesses and individuals to understand the Council’s objectives and methods of achieving compliance and the criteria used when deciding the most appropriate response when responding to a breach of legislation.

Councillor Pat Hackett reported that he was pleased that there was going to be zero tolerance and recognised the need to be robust in the way that the Council carried out enforcement.  He drew attention to the increase in fly tipping in the borough during lockdown and informed that this was overdue and needed. 

Councillor Tony Jones commented that this was a most welcome change of tack and essential to the health and wellbeing of the borough.  He paid tribute to the work that Councillor Grey and the officers had carried out in respect of this new Enforcement Policy which he fully endorsed.

RESOLVED:

That the updated Wirral Council Enforcement Policy at Appendix 1 to the report be approved.