Whilst a lot of the focus over the last week has been around what does and does not constitute a “substantial meal” and whether or not this might amount to a scotch egg what has received less publicity is the enhanced enforcement powers local authorities in England now have since the introduction of the Tier regulations on the 2 December.
The three new powers are
These powers will remain in force until 2 June 2021
Expand the boxes below to find out more about each of these.
This should be the first step that local authorities take to encourage a business to remedy an unsafe practice
A CIN will set out the breach of the coronavirus regulations and the time that the operator has to remedy the breach which must be at least 48 hours, although the time will be at the discretion of the local authority
The notice can include suggestions as to how the breach can be remedied
The relevant licensing officer will inspect the premises at the end of the stated time (if you comply within the stated CIN you can request the officer to inspect prior to this). If the breach has been remedied to the satisfaction of the office there will be no further action to take.
If the breach has not been remedied then this could lead to:
A CRN will be issued where there has been non compliance with a CIN, and the non compliance involves a risk of exposure to coronavirus.
A CRN can result in a premises being shut for a period of up to 7 days. If during the 7 day period the operator believes that they have complied with the CRN they can request that the enforcement officer re-inspects the premises to check compliance. Where this request is made the officer must review the notice within 48 hours of at the end of the 7 day period, whichever is earlier.
Non compliance can result in a further CRN being issued, or the service of a CIRN or CIN
Non compliance with a CRN will also result in a FPN of £4,000 being issued.
A CIRN can be issued where the enforcement officer believes that immediate and rapid action is required to there has been a breach of coronavirus regulations and that the contravention wil continue or be repeated.
The CIRN will result in the premises being closed for a period of 48 hours. If the operator believes that they have remedied the breach within the 48 hour period they can ask that the officer respect to the premises to check compliance.
If at the end of the 48 hour period the breach has not been remedied a further CIRN can be issued or the officer can issue a CRN (see below) which will result in the premises being closed for a further period of up to 7 days.Failure to comply with a CIRN will result in a FPN of £4,000 being issued.
You have a right of appeal against the service of CIN, CIRN and a CRN, although service of the appeal does not suspend the effect of the notice.
A successful appeal may result in compensation being paid.
There is a wide range of obligations, the breach of which could result in the service of a CIN, CIRN and a CRN. These include (but are NOT limited to)
We have yet to hear of any local authorities who have decided to flex their muscles using these new powers and it is hoped that the 4 “E”’s approach will be adopted by enforcing officers (engage, explain, encourage, enforce) before any decision is taken to do so.
Where notices are served immediate action is vital to ensure and avoid a closure of premises (in the event of a CIN being served) and fixed penalty notices being imposed.
Evolving citiesRead more
Council wins appeal on sale of former school site landowner's heirs...Read more
Councils - don't lose the right to charge CILRead more
Green light for wide Class E to residential PD rightRead more
TLT appointed to sports and arts legal services panelRead more
Climate emergencies: development plans need to deal with onshore windRead more
What will green cities look like?Read more
Call for Evidence - Review of the Implementation of the Planning Act...Read more
TLT supports Network Homes with affordable housing acquisitionRead more
The pandemic has forced the majority of the workforce into a world of remote working. As a result, our cities are evolving.Read more
Issues that will impact the sector over the coming months - from future proofing social housing developments to managing offices post pandemic, green finance, and creating connected communities.Read more
Watch our video series for information on the legal issues that are affecting the real estate sector. Each...Read more
Helping you navigate your business through the risks and opportunities that Brexit will bring.Read more
The way people shop is constantly evolving, from the growth of online and the changing use of stores...Read more
The widespread disruption and closure of businesses caused by the Covid-19 pandemic and the subsequent national and local lockdowns has brought into sharp focus the question of available insurance cover for losses under...Read more
The pandemic has had a deep and long-lasting effect on the leisure, food & drink sector, forcing operators to embrace new ways of attracting and servicing customers.Read more
There's a growing demand for retailers to do more to attract the Purple Pound – the collective spending power of disabled shoppers, estimated to be worth around £274bn. We look at the opportunities, the legal issues and...Read more
Green finance is gaining speed, driven by global climate change pressures and the recognition of the vital role which sustainability plays in a resilient financial services sector.Read more