Process for the use of Penalty Notices for animal health and welfare offences

This guidance explains how penalty notices can be used for animal health and welfare offences under the Animals (Penalty Notices) Act 2022. Full guidance on when to issue a penalty notice can be found within the statutory guidance provided by Defra.

When should a Penalty Notice be issued?

Section 4 (2) of the Act lists the factors to be considered when pursuing a penalty notice for animal health and welfare offences:

• the seriousness of the conduct to which the proposed notice relates (the 'relevant conduct')
• the duration of the relevant conduct - how long has the illicit activity been taking place?
• any evidence of intention behind the relevant conduct
• any evidence of previous acts or omissions by the person similar to the relevant conduct
• any action taken by the person to eliminate or reduce any risk of harm resulting from the relevant conduct
• any action taken by the person to remedy or mitigate any harm resulting from the relevant conduct
• whether the person reported the relevant conduct to the enforcement authority or constable
• the conduct of the person after the relevant conduct is drawn to their attention by the enforcement authority or constable

A penalty notice may be considered if:

• the offence has been committed in England
• the offence is specified in regulations made under the act

According to the statutory Code of Practice, Sunderland City Council Trading Standards are expected by Defra, as an authorised authority, to enforce penalty notices as an appropriate sanction.

However, a penalty notice should only be issued as an escalation if the illicit activity has continued after previous enforcement communications (i.e. cease and desist). The following sequence of events are followed when illicit activity is suspected:

Step 1 - First communication - Cease and desist

Step 2- Second communication (if there is evidence to show continued non-compliance following Step 1 communication)

Step 3 - Third communication - If, after a further 28 days, there is still evidence of the illicit activity; notice of intent to issue penalty notice is served (Nb. This is the start of the formal process under the Penalty Notices Act)

Step 4 - Penalty notice served

Payment of a penalty notice must be done so within 28 days of the notice being issued. Penalty notices can be paid to Sunderland City Council Trading Standards by contacting the Finance Team on 0191 520 5550. 

If the recipient can demonstrate that they have put measures into place to become compliant (such as an animal licensing activities application), this compliance should be acknowledged, and the penalty notice can be withdrawn if it is deemed appropriate to do so.