Guidance on the use of fines, notices and other civil sanctions when enforcing the Environmental Protection (Single-use Vapes) (England) Regulations 2024
Stop notices
When Stockton-on-Tees Borough Council considers it appropriate, we may serve a stop notice on any person who we reasonably believe is carrying on an activity that is an offence under these regulations and which is causing, or there is a significant risk of it causing, serious harm to the environment (including the health of animals). We can also issue a stop notice if the activity will involve or will be likely to involve the commission of an offence under the regulations.
The notice must explain the steps required to remove or reduce the harm or risk of harm to the environment. It must also include the reasons why we've issued the notice, how a person can appeal the notice and the consequences of failing to comply with the notice.
Failure to comply with a stop notice is a criminal offence punishable by up to 2 years in prison.
Completion certificates
Once we are satisfied that the person issued with a stop notice has taken the steps specified in the notice, we must issue a certificate confirming this. This is called a "completion certificate". Once we have issued this the stop notice ends. A person who has been given a stop notice can ask us for a certificate at any time and we must decide as to whether to issue one within 14 days. We must give a written response to the person if we decide not to issue the certificate.
Appeals against stop notices and completion certificates
The person receiving the stop notice may appeal against it if they think we made an error in the facts, we didn't apply the law properly, that our decision was unreasonable or that they had not committed an offence under the Regulations. Anyone wishing to appeal a final decision should do so in writing to The First Tier Tribunal General Regulatory Chamber.
Compensation
If the stop notice is later withdrawn or amended by us because the decision to issue it was unreasonable or any step specified in the notice was unreasonable or the person successfully appeals against the stop notice because the issue of the notice was unreasonable, we must compensate that person. If we unreasonably refuse to issue a completion certificate, we must also compensate that person.
Appeals against compensation decision
A person may appeal against a decision not to award compensation, or the amount of compensation awarded on the grounds that our decision was unreasonable or that that the amount we offered was incorrect.
