Regulatory Features

Martyn’s Law - The New Bill

Gary Grant of Francis Taylor Building summarises the main provisions in the new Terrorism (Protection of Premises) Bill 2024 (“ Martyn’s Law”) and explores what premises and events will be in scope, details of the two-tiered protect duty that will impact 180,000 premises, including many in the hospitality sector and buildings owned by local authorities, and the enforcement provisions, as well as consideration of the reforms to licence plans and interaction with licensing laws. Read more

NEWS

Nov 18, 2024

Borough council increases legal budget for landfill enforcement case to £1m

Officers at Newcastle-under-Lyme Council have recommended members boost the local authority's legal fund for an upcoming dispute over an odorous landfill by a further £400,000, taking the total to £1m.

Nov 14, 2024

National Association of Licensing and Enforcement Officers and Institute of Licensing agree merger

The National Association of Licensing and Enforcement Officers (NALEO) and the Institute of Licensing (IoL) have agreed in principle to unite to become a single professional body for licensing practitioners.

Nov 13, 2024

North West council hit with £500,000 fine after death of dog walker

Cheshire East Council has been fined £500,000 after an investigation by the Health and Safety Executive (HSE) found that the death of a dog walker in August 2020, killed by a falling tree, might have been avoided had the public area been better managed.

Nov 07, 2024

Wildlife rescuer who kept 16 foxes on property wins odour abatement notice dispute

A magistrates' court has found that a wildlife rescuer was not guilty of breaching an abatement notice issued by East Hampshire District Council (EHDC) over odour nuisances from foxes she looked after on her property.

Nov 04, 2024

"Considerable uncertainty" around number of buildings requiring cladding remediation, National Audit Office warns

The scale of the cladding crisis has "proved much bigger than the government initially understood", and up to 60% of buildings with dangerous cladding remain to be identified, a National Audit Office (NAO) report has suggested.

Nov 01, 2024

Council appoints barristers ahead of landfill odours legal action

Newcastle-under-Lyme Borough Council has appointed Jeremy Phillips KC and Horatio Waller, both of Francis Taylor Building Chambers, for its legal action against the operators of an odorous landfill site.

Nov 01, 2024

Council secures fines for mail forwarding company in ‘first of its kind’ prosecution

Islington Council has successfully prosecuted a mail forwarding business that accepted fake identification and failed to keep proper records of its customers, in what is thought to be the first prosecution of its kind.

Oct 31, 2024

Councils urged to take “proportionate, common-sense approach” to household waste offenders

The Local Government and Social Care Ombudsman (LGSCO) has urged councils to consider the “whole range of powers” available to them when tackling waste disposal issues, after finding examples of councils taking an “overly zealous approach” to enforcement.

Oct 24, 2024

Supermarket giant handed £250k fine following Trading Standards investigation by council into food beyond use-by date

Asda Stores has been handed a £250,000 fine for displaying food beyond its use-by date, following an investigation by Derby City Council’s Trading Standards Team.

Oct 21, 2024

Government appoints economist to review regulation and regulators at Defra

Economist Dan Corry has been appointed to carry out an internal review into the regulation and regulators at the Department for Environment, Food & Rural Affairs (Defra).

Oct 18, 2024

Supreme Court quashes Court of Appeal decision to refuse judicial review on basis claimant had “adequate alternative remedy”

The Supreme Court has allowed a woman’s appeal against the Court of Appeal in Northern Ireland’s refusal of permission for judicial review against the regulator of a landfill site on the basis that there were “suitable alternative remedies”.

Oct 10, 2024

Many food businesses displaying false food hygiene ratings BBC investigation finds

An investigation by the BBC has found businesses have been displaying inaccurate food hygiene ratings, with many lying about them when challenged.

FEATURES AND ANALYSIS

September 13, 2024

Significant tightening of rules for water companies – the Water (Special Measures) Bill

Allan Owen and Elizabeth Withers discuss the recent Water (Special Measures) Bill and how the changes will affect water companies in the UK.

March 15, 2024

Laying informations and time limits

Darren Nicholls sets out key guidance on laying informations and applying for a summons within time limits.

August 04, 2023

Varying abatement notices after service

Can an abatement notice be varied after service by a local authority? Gordon Wignall looks at a recent case involving a racing circuit.

January 31, 2023

Protest Injunctions

This is a recording of the webinar to launch Yaaser Vanderman’s “Manual on Protest Injunctions: Practice, Procedure and Persons Unknown”.

December 09, 2022

Councils and marine licensing

Tommy Fox and Ian Manners examine a recent ruling where a local authority was fined after falling foul of the marine licensing regime.

October 21, 2022

The EU Law (Revocation and Reform) Bill and health and safety

Does the EU Law (Revocation and Reform) Bill spell the end for existing Health and Safety Regulations? Jim Byard explains.

September 02, 2022

The test for discharging a planning condition

A local authority recently defeated a judicial review challenge in the High Court in relation to discharging planning conditions. Piers Riley-Smith explains how.

July 07, 2022

An Introduction to the Building Safety Act 2022

The Building Safety Act 2022 (BSA) received Royal Assent in April 2022. Deborah Down outlines the main provisions.

MORE NEWS

Oct 09, 2024

Crown Court increases penalties in houses in multiple occupation case after defendants appeal original fines

Two defendants have had their fines and costs substantially increased to more than £400,000 following an unsuccessful appeal against a magistrates' ruling in a case concerning unlicensed houses in multiple occupation (HMO).

Sep 27, 2024

Landfill site at centre of odour dispute must close, council inquiry concludes

A council-run inquiry into a landfill at the centre of a long-running odour dispute has criticised the Environment Agency's (EA) involvement in regulating the site and concluded the landfill should be closed, capped and restored.

Sep 19, 2024

Local environment group threatens council with legal challenge over “lack of action” in relation to landfill site

A campaign group found by three local mothers has threatened Havering Council with a judicial review claim over what they say is a lack of action from the local authority in dealing with a landfill site.

Aug 02, 2024

Government gives green light for council to pursue legal action in “rare” case against landfill

Newcastle-under-Lyme Borough Council has been granted permission by the Secretary of State for the Department of Environment, Food and Rural Affairs (DEFRA) to take legal action against a landfill operator over odours emanating from the site.

Jul 19, 2024

Defendant who dumped waste on floodplain sentenced to 32 months in jail, given £200k confiscation order

A defendant who buried around 12,000 tonnes waste, including, asbestos in floodplain in Devon has been jailed for 32 months, following a prosecution brought by the Environment Agency.

Jul 03, 2024

Hotel levy delayed after businesses launch appeal

The Bournemouth, Christchurch and Poole Accommodation BID has paused plans to introduce a levy on large hotels following an appeal by hoteliers to the Department for Levelling Up brought under The Business Improvement Districts (England) Regulations 2004.

Jun 12, 2024

Street trader wins appeal over conviction for trading without a licence

A man who sold goods in the streets of Birmingham did not break the law as he was protected under an 1871 act by being a pedlar, the High Court has found.

Apr 10, 2024

Lack of funding for local authorities to enforce regulations may ‘embolden’ unscrupulous pet breeders to flout rules, says select committee

The Environment, Food and Rural Affairs (EFRA) committee has called for a list of licensed pet breeders to be made public, noting that more than half of the puppies entering the market come from unlicensed breeders.

Feb 21, 2024

Concerns grow over building control capacity ahead of re-registration deadline for profession

Professional bodies and lawyers have warned construction projects may be disrupted because too few building control inspectors will meet the 6 April deadline to re-register under a new Government approval scheme.

Oct 05, 2023

Council calls for “urgent” regulation of pedicabs

Westminster City Council is calling for the Government’s “long-promised” Transport Bill to be part of the legislative agenda, in order to regulate the impact of pedicabs and dockless bikes.

Sep 21, 2023

Ombudsman criticises council for failing to respond to restaurant nuisance complaints

A Brentwood homeowner who suffered years of distress because the council did not properly investigate her concerns about the restaurant next door to her home, has had her complaint upheld by the Local Government and Social Care Ombudsman.

Sep 12, 2023

Investigation highlights “possible failures” by Government to comply with environmental law over sewage

Possible failures to comply with environmental law by the Department for Environment, Food and Rural Affairs (Defra), the Environment Agency and Ofwat in relation to the regulation of combined sewer overflows have been identified by the Office for Environmental Protection.

Aug 31, 2023

Council prosecution sees Pret a Manger hit with £800k fine after employee trapped in walk-in freezer

A Westminster City Council investigation has led to coffee and sandwich giant Pret a Manger being fined £800,000 after a member of staff was left trapped and fearing for her life in a walk-in freezer for 2.5 hours.

Aug 30, 2023

London borough secures £207k+ in fines for failure to license house in multiple occupation

Landlords in Haringey who have failed to license their houses in multiple occupation (HMO) have been issued with fines amounting to £207,500.

Aug 16, 2023

Councils call for legislative changes to charging regime for ground safety certification

The Local Government Association has called on the Government to amend the Safety of Sports Grounds Act 1975 and linked regulations from 1987 which set out what councils can charge for.

Aug 09, 2023

Council decision not to fully investigate business property noise complaint wrong, Ombudsman finds

A decision by Gloucester City Council not to fully investigate a noise complaint because it did not involve a private residence has been criticised by the Local Government and Social Care Ombudsman.

Aug 01, 2023

Watchdog warns financial management of building control at some authorities “potentially unlawful” amid challenges over implementing Building Safety Act 2022

Audit Wales has expressed concern at the ability of Welsh local authorities to deliver the requirements of the Building Safety Act 2022.

Jul 12, 2023

City fined £200k after grass cutting and arboriculture staff develop hand arm vibration syndrome and carpal tunnel syndrome

Plymouth City Council has been fined £200,000 after its failures led to employees developing hand arm vibration syndrome (HAVS) and carpal tunnel syndrome (CTS).

Jun 29, 2023

Council contractor ordered to pay more than £270k over car crash death

A company contracted by Breckland District Council to carry out litter picking work has been fined £240,000 after a man was killed when the lorry he was a passenger in crashed into litter picking vans blocking a lane of a dual carriageway.

Jun 27, 2023

LGA call for Government to conduct “realistic assessment” of resources councils need to regulate private rented sector

Local authorities have warned that councils will need more funding to enforce the ban on no-fault evictions in England effectively, despite welcoming the Renters Reform Bill which will help deliver a “fairer, higher quality” private rented sector.

Jun 27, 2023

Shop owner to pay £2000 for selling vapes to fifteen year old, following council prosecution

A prosecution brought by the London Borough of Harrow has seen a newsagent ordered to pay more than £2000 for selling vapes to a fifteen-year-old girl even after she had told him her age.

Jun 14, 2023

Trading Standards body warns council playing “dangerous game” by cutting team

The Chartered Trading Standards Institute (CTSI) has condemned a decision by Enfield Council to cut its Trading Standards team, warning that it risks the borough becoming the first local authority in the UK with no functioning Trading Standards service.

Jun 06, 2023

Government looking to boost trading standards powers in fight against youth vaping

The Department of Health and Social Care is to launch a review on allowing Trading Standards to issue 'on-the-spot' fines and fixed penalty notices more easily to shops selling vapes to children.

May 18, 2023

Greggs and Westminster agree deal on Leicester Square late night operations

Baker Greggs and Westminster City Council have reached a deal in their dispute over whether an outlet in Leicester Square can sell hot food all night.

May 17, 2023

Trading standards body welcomes Government u-turn on revoking retained EU law

The Chartered Trading Standards Institute (CTSI) has welcomed the Government's decision to abandon plans to automatically revoke almost all retained EU law (REUL) at the end of 2023 but added that the bill has "been a major distraction for government departments".

May 16, 2023

County council facing prosecution over spate of busway deaths

The Health and Safety Executive (HSE) is bringing a prosecution against Cambridgeshire County Council following the deaths of three people in separate incidents and the life-changing injuries sustained by a fourth person in a collision on the Cambridgeshire Guided Busway.

May 05, 2023

McDonald’s pleads guilty to hygiene breaches after Waltham Forest investigation

McDonald’s Restaurant Limited have been fined £475,000 after a rodent infestation was discovered by Waltham Forest Council’s environmental health officers at their premises in Leytonstone.

Apr 25, 2023

Judgment reserved in dispute over when honey is “raw honey”

Judgment has been reserved in an appeal over a London borough’s service of an improvement notice under the Food Information Regulations 2014, it has been reported.

MORE FEATURES

January 21, 2022

Planning enforcement orders and mixed use

The High Court has handed down judgment in a “significant” planning case considering the scope of a planning enforcement order where there is a mixed use, writes Leon Glenister.

January 04, 2022

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.

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 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.

February 12, 2021