Cheshire East

Property guardianship companies and HMO licensing

Property guardianship companies and a director were recently held liable for failing to licence premises as a House in Multiple Occupation (HMO). Tara O’Leary explains the ruling. Read more
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  NEWS

Jan 18, 2022

Council leader issues second statement on £4m food safety “abuse of process” settlement, defends former chief executive at predecessor authority

The Leader of North Northamptonshire has issued a second statement in a bid to clarify its decision to pay £4m to a publican who alleged abuse of process in a food safety case brought against him by East Northamptonshire District Council more than 20 years ago, and to defend a former chief executive.
Jan 18, 2022

Magistrates to have power to impose year-long prison sentences in latest bid to tackle Crown Court backlog

The maximum 6-month prison sentence that can currently be handed out by Magistrates is to be doubled to a year, Justice Secretary Dominic Raab has announced.
Jan 18, 2022

High Court declaration in case concerning landfill site regulation by Environment Agency “went beyond the scope of the court’s functions”: Court of Appeal

A declaration by a High Court judge, which required the Environment Agency to achieve prescribed outcomes within a prescribed timetable in relation to a landfill site, went beyond the scope of the court's functions in dealing with a claim that the regulator was acting incompatibly with the Convention rights of a five-year-old boy with serious health problems, the Court of Appeal has ruled.
Jan 17, 2022

Welsh Government promises "one clear legal framework" with implementation of Renting Homes (Wales) Act in July

The Welsh Government intends to implement the Renting Homes (Wales) Act 2016 on 15 July, Climate Change Minister Julie James has confirmed.
Jan 17, 2022

Unlicensed puppy trader ordered to pay £100,000 after council prosecution

An unlicensed puppy trader has been ordered to pay £100,000 for placing misleading adverts, following a prosecution prepared and presented by Telford and Wrekin Council’s legal services department.
Jan 13, 2022

Council prosecution sees dog breeders ordered to pay £450k+

A couple who illegally bred dogs have been ordered to pay more than £450,000 following a successful prosecution by Vale of Glamorgan Council.
Jan 07, 2022

Council agrees to pay £4m damages and costs to publican on rare abuse of process grounds after 20-year legal fight

North Northamptonshire Council has agreed to pay "substantial damages" to a publican who alleged abuse of process in a food safety case brought against him by a predecessor authority more than 20 years ago.
Dec 21, 2021

Environment Agency wins appeal over regulation of landfill site

The Court of Appeal has allowed the Environment Agency’s appeal in a claim brought by a five-year-old boy with a chronic and serious respiratory condition who lives near a landfill site.
Dec 16, 2021

Swansea cinema owner pleads guilty to being in contempt of court following Covid passport dispute

The owner of an independent cinema in Swansea has admitted to being in contempt of court after a dispute over Covid passports.
Dec 16, 2021

CPS withdraws case against pastor fined for hosting service in car park during national lockdown

The Crown Prosecution Service has withdrawn a case against a Christian pastor who was fined £16,000 for holding a church service for the homeless during the third national lockdown.
Dec 14, 2021

Welsh council bolts cinema entrance shut after failure to follow closure order

A cinema at the centre of a dispute surrounding Covid-19 vaccination passports has had its shutters bolted shut by Swansea Council after refusing to heed a closure order.
Dec 10, 2021

Councils and central government failing to secure safe housing in private rented sector, spending watchdog finds

Tenants in the private rented sector are suffering from poor safety standards due to ineffective regulation and enforcement from local authorities and the Department for Levelling Up, Housing and Communities (DLUHC), a report from the National Audit Office (NAO) has found.

  FEATURES AND ANALYSIS

October 08, 2021

Harmful emissions and human rights duties

Stephen Tromans QC and Victoria Hutton consider a significant High Court ruling on the duties of the Environment Agency in relation to a landfill site.
July 23, 2021

How to ensure better protection for tenants around the country

Shona Ali looks at worrying recent trends in relation to illegal evictions and sets out what local authorities can do to combat the problem.
July 22, 2021

Food advertising

This LexisNexis Practice Note, produced in partnership with Katrina Anderson of Osborne Clarke, considers the law and practice applicable to food advertising to consumers.
July 09, 2021

Confiscation and enforcement notices: the roll-back from Panayi

Richard Furlong considers the Court of Appeal decision in Barnet v Kamyab, and the prospect of Edis LJ conducting a fact-finding confiscation hearing. An interesting issue arises as to the first-instance defendant’s right of appeal from that exercise.
June 25, 2021

The Funeral Market Investigation Order 2021

The Competition and Markets Authority has this month published its Funeral Market Investigation Order 2021. V. Charles Ward looks at how bereavement-service managers can comply with new regulatory requirements.
May 28, 2021

Met Police press release libel claim dismissed following trial

The High Court has dismissed a claim brought over a Metropolitan Police press release, upholding defences of truth and no serious harm at trial, writes Gervase de Wilde.
May 07, 2021

The death of Panayi

Roderick Morton analyses an important Court of Appeal ruling for planning enforcement lawyers in relation to confiscation cases.
April 23, 2021

Fighting fire with fines

Even before the tragedy of what happened at Grenfell Tower on 14 June 2017 there could be no doubt that no limit can be put on the personal costs of a fire. The Government has now stated that the same can be said for the financial costs, writes Natalie Puce.
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 MORE NEWS

Dec 09, 2021

Defendant behind meat cutting at car wash given custodial sentence

A man has been jailed after a raid by Wiltshire Council environmental health officers, the police and the Food Standards Agency found meat being cut in conditions described by officers as “some of the most shocking” encountered.
Dec 09, 2021

High Court upholds validity of entry warrants for athleisure investigation

An attempt to impart meaning to a single colon in a warrant heading has been rejected by the High Court, which held this did not show raids by trading standards officers had been invalid.
Dec 08, 2021

Landlords hit with £187k fine after failing to license houses in multiple occupation

A pair of landlords have been fined £187,000 over their failure to license houses in multiple occupation (HMOs), after a four-year legal battle with Waltham Forest Council including two judicial reviews.
Dec 03, 2021

Car wash that stayed open during height of pandemic fined for breaking COVID-19 restrictions

A council prosecution has seen a business owner in South Norfolk found guilty of an offence under The Health Protection (Coronavirus, Restrictions) Regulations 2020.
Dec 01, 2021

Gough Square bolsters consumer and regulatory team with arrival of leading silk

Gough Square Chambers has bolstered its consumer and regulatory specialism with the arrival of David Travers QC and Laura Phillips from 6 Pump Court.
Nov 25, 2021

Welsh council pursues closure order after cinema refuses to implement Covid pass rule

An independent cinema in Swansea is facing a closure order after it refused to demand customers show proof of vaccination on entry.
Nov 12, 2021

Association of private landlords accuses councils of failure to use powers against rogue element in sector

Two thirds of English councils have prosecuted no landlords for offences related to standards in or the management of private rented housing over the last three years, according to research by the National Residential Landlords Association (NRLA).
Oct 25, 2021

London borough secures nearly half a million pounds in confiscation orders against private sector landlords

Ealing Council has this month obtained confiscations orders worth nearly £500,000 from private sector landlords who failed to comply with planning enforcement notices.
Oct 20, 2021

Trading standards body warns of reduced consumer confidence plus additional burdens and greater risk of legal challenges for councils if government pursues common law approach to regulation

A Government proposal for the adoption of a less-codified, common law approach to regulation would add burdens to local authority regulators to provide advice and expose them to a greater risk of legal challenge, the Chartered Trading Standards Institute (CTSI) has warned.
Oct 07, 2021

200 unresolved noise complaints accumulated by council during the pandemic

Calderdale Metropolitan District Council accumulated a backlog of 200 unresolved complaints about noise during the pandemic, the Local Government and Social Care Ombudsman has found.
Sep 27, 2021

Government must learn lessons from use of criminal law in pandemic including avoiding blurred line between guidance and the law: Justice Committee

Given the speed and scale with which the Government needed to create new regulations in response to the Covid-19 pandemic, in future it needs to have the requisite tools in advance "to respond in a swift and proportionate manner that does not risk criminalising behaviour in ways incompatible with widely understood principles of the rule of law, and avoids any lasting damage to the criminal…
Sep 27, 2021

FTB and Poppleston Allen issue report on Covid-19 legislative changes and hospitality sector

Barristers’ chambers Francis Taylor Building and law firm Poppleston Allen have published a 50-page report covering the COVID-19 related legislative changes which affected the hospitality sector, from the start of restrictions to Step 4 of the Roadmap and the full re-opening of hospitality in July 2021.
Sep 20, 2021

SRA and county council secure funding for legal projects from Regulators Pioneers Fund

An Oxfordshire County Council project aimed at improving legal compliance in relation to unmanned aerial vehicle (UAV) services and trials and a Solicitors Regulation Authority (SRA) research project into enhancing legal access within local communities are amongst 21 projects to have received financial backing from the Department for Business, Energy and Industrial Strategy (BEIS).
Sep 20, 2021

London butcher hit with £40k fine for selling poor quality chicken, following successful prosecution

A warrant is out for the arrest of a butcher after prosecutors at Barking and Dagenham Council secured a conviction over the attempted sale of poor-quality chicken to customers.
Sep 01, 2021

Council “disappointed” at sentence after counterfeit tobacco found twice at business premises

A council has expressed disappointment at the sentence handed down to a business owner after counterfeit tobacco was found on his premises twice in five months.
Sep 01, 2021

District planning authorities in England issue fewest number of enforcement notices since records began

District planning authorities in England issued fewer than 3,000 enforcement notices in the year to March 2021, government data has revealed.
Aug 13, 2021

Edinburgh to consult on designating whole of city as short term let control area

The City of Edinburgh Council is to hold a consultation from next month on a draft proposal to designate the whole city as a "short term let (STL) control area".
Aug 13, 2021

Council successfully prosecutes private sector landlord for breach of banning order

A landlord who was reportedly the first in the country to receive a banning order under the Housing and Planning Act 2016 when the new law was introduced in 2019, has been convicted of breaching the original order.
Aug 10, 2021

Landlord ordered to pay more than £21,000 after council prosecutes him for unlicensed house in multiple occupation

A private landlord operating an unlicensed and overcrowded property in Kensal Green has been told to pay more than £21,000 in fines and costs by Willesden Magistrates' Court.
Aug 09, 2021

Councils call for much larger fly-tipping fines to act as deterrent, suspended sentences for repeat offenders

Local authorities have urged the Sentencing Council to increase fines for fly-tipping significantly, so they act as a suitable deterrent, and for repeat offenders to be given suspended custodial sentences.
Aug 06, 2021

Council prosecution sees landlord fined more than £14,000 for safety breach and operating without HMO licence

A landlord who has been operating without a HMO licence and failing to maintain safety standards for his tenants has been fined over £14,000 at a prosecution brought by Reading Borough Council.
Aug 02, 2021

Landlord wins appeal over penalty for letting of flat without licence as Upper Tribunal says matter should have been dealt with informally

A landlord has won an Upper Tribunal appeal over the imposition of a £2,500 financial penalty by a council for letting a flat without a licence.
Jul 30, 2021

Regulator of Social Housing finds councils in breach of Home Standard amid health and safety inspection concerns

The Regulator of Social Housing has criticised two local authorities for breaching the Home Standard, which requires registered providers to have a cost-effective repairs and maintenance service and to meet all applicable statutory requirements that provide for the health and safety of occupants in their homes.
Jul 28, 2021

Council secures £500k order as in “unique event” Court of Appeal conducts confiscation proceedings

The London Borough of Barnet has secured a confiscation order worth nearly £500,000 in the Court of Appeal after a Crown Court judge had initially only ordered the defendant to pay £270.
Jul 21, 2021

Council repaid £59,000 owed after eight-year dispute over "unsightly clutter" in garden and illegal extension

Buckinghamshire Council has been repaid £59,000 after its planning enforcement team secured the clear up of unsightly clutter and removal of an illegal extension in the garden of a property in High Wycombe.
Jul 20, 2021

Council prosecution sees major chain fined £750,000 over death of cinema-goer

A prosecution brought by Birmingham City Council has seen Vue Entertainment fined £750,000 for breaching health and safety legislation at its Star City theatre in Nechells which led to a cinema-goer’s death.
Jul 08, 2021

Volume of laws makes it impossible for local authorities to enforce them, warn private landlords

Private landlords have complained that there will be 168 pieces of legislation governing their relations with tenants once the new Building Safety Bill passes through Parliament.
Jun 30, 2021

Man who ignored injunction to demolish unpermitted leisure buildings found in contempt of court

Forest of Dean District Council has successfully prosecuted a man in a contempt of court application at the High Court for failing to demolish a leisure building housing a cinema and bowling alley that he was ordered to take down in 2018.

  MORE FEATURES

April 16, 2021

Prosecuting unlicensed dog and cat breeders

Gary Grant looks at a recent case where £50,000 in financial penalties were imposed on unlicensed dog and cat breeders.
February 12, 2021

Closing gyms during lockdown

Sarah Clover recently supported a city council in closing down a gym which opened persistently in contravention of Coronavirus Regulations and the lockdown restrictions. She explains what this involved.
January 08, 2021

Covid-19 Regulations – the enforcement role of local authorities

Horatio Waller looks at defining the enforcement role of local authorities and best practice on ‘designating’ officers for enforcement purposes.
January 06, 2021

Lockdown III: The Impact on Businesses

Gary Grant analyses the new regulations behind the government's latest national lockdown.
December 22, 2020

New local authority Covid enforcement powers

Gary Grant analyses the new enforcement tools that allow local authorities in England to take action against premises that do not comply with COVID-secure rules.
December 20, 2020

The Tier 4 Regulations: impact on businesses

Gary Grant sets out the key points for businesses from the Government's regulations implementing the new Tier 4.
December 07, 2020

All Reasonable Measures: tidying up the Coronavirus, Restrictions Regulations and the law of unintended consequences

Charles Holland looks at how a “tidying up” amendment in the new All Tiers Regulations has removed an important obligation on the operators of a significant class of premises in Tier 3.
December 04, 2020

The Standard of Proof in Inquests

Jonathan Landau examines the implications for local authorities of the Supreme Court's ruling in the Maughan case.
November 04, 2020

The Lockdown 2 Regulations

Gary Grant and Charles Holland summarise the key points from the regulations implementing the latest national lockdown.
October 22, 2020

Coronavirus: Regulation of business & enforcement of the three tier system

In this webinar, David Comb examines the National Three Tier system of regulating business activity in response to the Coronavirus pandemic, including enforcement of the regulations.
September 25, 2020

Proportionality and the Regulator’s decision to prosecute in the time of Coronavirus

Has the public interest test for prosecution been changed in the regulatory context by COVID-19? James Puzey analyses the issues.
September 18, 2020

Decisions whether to prosecute

Ben Williams sets out the general principles when it comes to decisions to prosecute.
June 26, 2020

COVID-19 & RIDDOR for care providers

Edward Sainsbury and Peter James consider when and when not to report in relation to COVID-19 and RIDDOR.
May 22, 2020

The end of R v Ghosh and the new test for criminal dishonesty

A recent judgment of the Court of Appeal is likely to be welcome news for local authority prosecutors and their investigation teams, writes Matt Marsh.
May 22, 2020

Don’t put it in writing! Problems in store for local authority environmental crime

Ben Mills analyses an important ruling on the powers of local authorities to investigate environmental crime.
May 21, 2020

Injunctions against protesters and travellers webinar

Landmark Chambers barristers discuss where the law now stands on injunctions against groups of protesters and travellers, and the proposed extension of relevant police powers against unauthorised encampments.
May 15, 2020

Selling food after its "use by" date

The High Court has ruled that offering food for sale after its labelled “use by” date is prima facie a criminal offence. Hazel Jackson examines the background to the ruling and looks at its implications.
May 11, 2020

Unlicensed HMOs and liability

A London borough recently successfully defended two claims for judicial review of decisions it made against directors of property companies operating, and owners of property, in its area. Simon Kiely, Aleksandra Wolek and Christos Paphiti explain how the ruling will help local authority housing departments and prosecutors.
April 27, 2020

Civil financial penalties – how much is too much?

Howard Lederman considers the principles which apply to the amount of penalties local housing authorities can impose for relevant housing offences, following recent guidance by the Upper Tribunal.
April 09, 2020

Covid-19 scams and how to tackle them

Supplying counterfeit personal protection equipment (PPE), unproven health supplements purported to prevent infection and failure to supply paid for PPE are amongst a number of scams occurring during the COVID-19 crisis, say Cameron Crowe and Sabrina Goodchild, who look at the powers local authorities can use in response.
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