Agenda item

To ask the Executive Member to review formal enforcement action undertaken by Public Protection (Environmental Health, Trading Standards and Licensing teams), National Trading Standards Regional Investigation and eCrime teams and the Healthy and Sustainable Homes Service, and to ask the Executive Member to consider approving an updated enforcement policy, a new ‘fixed monetary penalty notices’ and other ‘compliance notice’ provisions as ‘formal enforcement action’ to help tackle the sale of illegal single use vapes, and a new housing civil penalties notice policy for offences from 1 May 2026 onwards considering the Renters’ Right Act 2025.

Resolved:

                          i.          To note the enforcement action undertaken by Public Protection, the National Trading Standards teams, and the Healthy and Sustainable Homes Service.

                         ii.          To approve the updated enforcement policy to include offences under the new single use vapes and renters’ right legislation.

                       iii.          To approve the use of fixed monetary penalty notices and the other enforcement provisions in relation to single use vapes in line with the guidelines.

                       iv.          Approve the use of fixed penalty notices and the other enforcement provisions in relation to the Renters’ Rights Act 2025, Protection from Eviction Act 1977, Housing Act 1988, Housing Act 2004, Housing and Planning Act 2016, The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, and The Electrical Safety Standards in the Private Rented Sector (England) (Amendment) (Extension to the Social Rented Sector) Regulations 2025, in line with the new Housing Civil Penalties Policy for offences on or after 1 May 2026.

Reason:      To ensure enforcement activity undertaken by Public Protection, the National Trading Standards teams, and the Healthy and Sustainable Homes Service, has been reviewed in accordance with the council’s enforcement policy and enable officers to issue fixed monetary penalty notices and the other enforcement provisions to help prevent the sale of illegal single use vapes and enable offices to issue civil penalty notices for new offences under the Renters’ Rights Act 2025, in addition to those already used by the Healthy and Sustainable Homes Service under the Housing and Planning Act 2016, Housing Act 1988, Protection from Eviction Act 1977, and The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 and The Electrical Safety Standards in the Private Rented Sector (England) (Amendment) (Extension to the Social Rented Sector) Regulations 2025.

Cllr Webb left the meeting at 10:13am.

The Executive Member for Housing, Planning and Safer Communities introduced and noted that this item fell under both his portfolio and that of the Executive Member for Environment and Climate Emergency. He advised that he was taking lead on this, since his portfolio dealt with enforcement.

The Head of Public Protection introduced the report, and discussed the vaping and prosecution aspects.

The Executive Member for Housing, Planning and Safer Communities asked for an outline the work officers had undertaken regarding the sale of vapes.

The Head of Public Protection advised that his team had undertaken routine test purchasing exercises using underage volunteers to attempt to buy vapes in shops rumoured to be selling to children, as well as actually seizing illegal vapes and illegal tobacco from shops selling these products.

The Healthy and Sustainable Homes manager then spoke about the renter’s rights side of the issue, which would come into effect from 1 May 2026.

The Executive Member also asked about North Yorkshire undertaking training events for landlords on the Renters Rights Act, and what similar action had been done in York.

The Healthy and Sustainable Homes Manager answered that York had conducted several such events (including one on the morning of the decision session) and worked closely with the Landlords Association. Comprehensive work to ensure understanding and compliance was being undertaken.

Officers advised that bullet point 4 contained a typographical error stating 1 May 2027 (this should have been 2026). The official document had the correct date but the report presented to the Executive Members contained the error, which was noted.

The Executive Member thereby

Resolved:

                          i.          To note the enforcement action undertaken by Public Protection, the National Trading Standards teams, and the Healthy and Sustainable Homes Service.

                         ii.          To approve the updated enforcement policy to include offences under the new single use vapes and renters’ right legislation.

                       iii.          To approve the use of fixed monetary penalty notices and the other enforcement provisions in relation to single use vapes in line with the guidelines.

                       iv.          Approve the use of fixed penalty notices and the other enforcement provisions in relation to the Renters’ Rights Act 2025, Protection from Eviction Act 1977, Housing Act 1988, Housing Act 2004, Housing and Planning Act 2016, The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, and The Electrical Safety Standards in the Private Rented Sector (England) (Amendment) (Extension to the Social Rented Sector) Regulations 2025, in line with the new Housing Civil Penalties Policy for offences on or after 1 May 2026.

Reason:      To ensure enforcement activity undertaken by Public Protection, the National Trading Standards teams, and the Healthy and Sustainable Homes Service, has been reviewed in accordance with the council’s enforcement policy and enable officers to issue fixed monetary penalty notices and the other enforcement provisions to help prevent the sale of illegal single use vapes and enable offices to issue civil penalty notices for new offences under the Renters’ Rights Act 2025, in addition to those already used by the Healthy and Sustainable Homes Service under the Housing and Planning Act 2016, Housing Act 1988, Protection from Eviction Act 1977, and The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 and The Electrical Safety Standards in the Private Rented Sector (England) (Amendment) (Extension to the Social Rented Sector) Regulations 2025.