URL: https://democracy.darlington.gov.uk/ieDecisionDetails.aspx?ID=1998

Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: Yes

Purpose:

Content: The Cabinet Member with the Stronger Communities Portfolio introduced the report (previously circulated) of the Executive Director of Economy and Public Protection for Cabinet to authorise the introduction of Fixed Penalty Notices, to set the amount to be paid and delegate the authority of officers to issue these notices for animal welfare offences.   The report explained that since the introduction of Animal Welfare Regulations in 2018, Darlington’s Licensing Department has prosecuted several people in relation to unlicensed activities, where resulting penalties have included fines and costs. However these have never been sufficient to cover the costs of investigation and prosecution.   The report stated that the Animal Act 2022 gives power to the Council to issue a FPN when it is satisfied beyond all reasonable doubt that a person has committed a relevant offence. It is intended that a FPN would be issued if a person continues to trade without a licence, continues to breach their licence condition, or obstruct an officer.   RESOLVED - It is recommended that:- (a)    That Darlington Borough Council (DBC) adopts the power to issue Fixed Penalty Notices for Animal Welfare Cases (b)   DBC sets the amounts to resolve Fixed Penalty Notices as detailed within this report (c)    DBC delegates authority to Authorised Officers in the Licensing Service and Trading Standards to issue Fixed Penalty Notices.   REASON - The recommendations are supports by the following reason, to ensure a proportionate enforcement response, taking into account legislation and guidance issued to local authorities for dealing with animal welfare licensing issues.  

Date of Decision: May 5, 2026