1. It is the policy of West Dunbartonshire Council as an Enforcement Authority to strive to ensure that the public is adequately protected in terms of noise from any source as described in 4 above that may compromise public health or constitute a nuisance. Due regard will be given to the human rights of individuals under investigation as prescribed in the Regulation of Investigatory Powers (Scotland) Act 2000.
2. The Authority will ensure that all officers authorised to carry out enforcement duties under the legislation in 2 above are competent and provided with adequate training, professional development will be encouraged and opportunities to obtain further qualifications in noise measurement and noise control techniques will be considered.
3. Without exception, all officers involved in assessing noise complaints for formal action will be subject to an annual audiological examination. Where officers are found to have hearing outwith the 'normal' range, these officers will not be permitted to assess complaints for nuisance.
4. All enforcement action will be based upon assessment of risk to public health or statutory nuisance.
5. Consistent, balanced, and fair enforcement is essential. To achieve this, regard shall be had to guidance contained within Codes of Practice, Good Practice Guides, and procedures and protocols developed by this Authority.
6. Any departure from enforcement policies must be exceptional, capable of justification and fully considered by the Section Head of Environmental Health before the decision is taken, unless it is considered that there is a significant risk to public health in delaying the decision.
7. This Authority will ensure that all authorised officers are fully acquainted with this policy and appropriate briefings will be given.
8. This document and associated procedures will be subject to regular review. It is expected that these reviews will be carried out at intervals of no longer than 3 years. The planned date of the next fundamental review is during the financial year 2006/2007.
9. Each review will be undertaken ensuring the four essential elements of sound governance, performance measurement and monitoring, continuous improvement and long term planning and budgeting.
10. In respect of land and premises in which it may have an interest West Dunbartonshire Council will;
- Carry out its enforcement policy and practice in exactly the same way that it does in all other land, premises; and
- Ensure that the attention received is in accordance with the criteria applied to other duty holders.
