Regulatory Services Enforcement Policy

8.1 Stockton-on-Tees Borough Council Regulatory Services will coordinate their activities to maximise the effective enforcement of any matters that are related to more than one of the services.

8.2 Where an enforcement matter affects a wide geographical area beyond Stockton-on-Tees Borough Council's boundaries or involves enforcement by one or more other local authorities or organisations, all relevant authorities and organisations will be informed of the matter as soon as possible and all relevant enforcement activity will be coordinated with them.

8.3 Stockton-on-Tees Borough Council will share intelligence relating to wider regulatory matters with other enforcement agencies and regulatory bodies, including government agencies, police forces, fire authorities, statutory undertakers and other local authorities.

8.4 If Stockton-on-Tees Borough Council become aware of an enforcement issue that would be more properly dealt with by another enforcement agency, the information will be passed to that agency as soon as possible. Equally Stockton-on-Tees Borough Council will take and investigate referrals from other agencies when it is appropriate to do so.

8.5 Accredited Civic Enforcement Officers

8.5.1 Accredited Civic Enforcement Officers conduct two elements of their enforcement activity under national guidelines and within the protocols and procedures laid down by external bodies:

• Driver and Vehicle Licensing Agency (DVLA) - the impounding and seizure of untaxed vehicles are carried out following national training and procedures laid down by the DVLA. Officers act as agents for the DVLA and any appeals against actions are considered jointly between the designated Stockton-on-Tees Borough Council Officer and the relevant Senior DVLA Officer
• Cleveland Police Community Safety Accreditation Scheme - the powers bestowed on Civic Enforcement Officers, and the manner in which they are applied, form part of an application and accreditation to the Chief Constable to operate under the scheme. The complaints and licensing of officers are monitored jointly between the Chief Constable and Stockton-on-Tees Borough Council's designated Accreditation Officer and signatory

8.6 Primary Authority Partnerships

8.6.1 When dealing with a business operating in more than one local authority area and that business has a registered Primary Authority Partnership under the Regulatory Enforcement and Sanctions Act 2008, Stockton-on-Tees Borough Council will, where required, comply with the agreement provisions for enforcement and notify the Primary Authority of any proposed enforcement action against that business.

8.6.2 The relevant Primary Authority and/or the business in question have the right to object to Stockton-on-Tees Borough Council's proposed enforcement action, in which case either the Primary Authority, the business itself or Stockton-on-Tees Borough Council may refer the matter through to the Department for Business, Energy and Industrial Strategy for a determination as to the legitimacy of the proposed action.

8.7 HMRC Tobacco Track and Trace Sanctions

8.7.1 Following amendments to the Tobacco Products (Traceability and Security Features) Regulations 2019, Trading Standard Officers have been given powers to inspect tobacco products with a view to reporting breaches of these Regulations to HMRC Commissioners using a prescribed disclosure gateway. This provides a framework for Trading Standards and HMRC to work together against the illegal tobacco trade to help both organisations deliver their strategic objectives.

8.7.2 On a case-by-case basis, Trading Standards Officers will assess the evidence and decide whether the circumstances merit a sanctions referral being sent to HMRC. 

8.7.3 HMRC will then scrutinise any referral in accordance with their own internal procedures, to determine whether a civil sanction should be applied to the person found in possession of the non-complaint tobacco products.