Business Inspections

Officers from Newham Trading Standards enforce a wide range of consumer protection legislation to promote a fair and safe trading environment for consumer and honest trader alike. Enforcement is carried out by routine inspections, sampling of goods/services and by investigating complaints.

This section describes what to expect when your business is inspected and what to do if you think the outcome of the inspection is wrong or unfair.

Who Will Inspect Your Business?

Officers from Trading Standards have the right to enter and inspect premises at all reasonable hours. They do not have to make an appointment and they will usually come without advance notice. They carry out routine inspections and may also visit as a result of complaint.

Officers will look at the way you operate your business to make sure it complies with the law. They will discuss any problems with you and advise on possible solutions. They also have powers which they can use when they think it necessary to protect the public.

Risk

Individual trading addresses in Newham are 'risk rated' by Trading Standards according to various criteria including turnover, previous history, production difficulties and management controls. This enables us to use our limited resources more effectively and visit the 'higher risk' premises more frequently.

What Are You Entitled to Expect from the Officer

• A courteous manner;
• To be shown identification on request;
• To be told the purpose of the visit and an explanation of the findings;
• A clear distinction between what the officer is recommending you do because it is good practice and what you must do to comply with the law;
• Where appropriate, be given a written notice stating what law has been contravened and what remedial action should be taken;
• To be given a list of any items seized by the Officer within a reasonable time;
• To be allowed supervised access to property which has been seized to examine it or have it photographed at your expense;
• In appropriate circumstances, to be notified of the results of any tests which have been carried out.

What Powers Do Officers Have?

A brief summary is below but they do differ from one statute to another.

• Officers can take samples and photographs and inspect records and documents and may require computer information to be produced.
• They can seize and detain property which may be needed as evidence, to be retained as long as is necessary in the circumstances.
• In serious cases action may include prosecution: if the prosecution is successful, the Court may impose fines and in some cases imprisonment. The Courts can also dispose of goods under a Forfeiture Order.
• They can also serve a Suspension Notice on unsafe consumer goods prohibiting the movement of those goods for six months.
• If you intentionally obstruct Officers by refusing to comply with their requirements, or fail to give assistance without reasonable cause - you may be charged with an offence.

What Can You Do If You Think The Outcome Is Unfair?

If you think we are applying the law in a different way from other local authorities you can seek advice either through your trade association or contact us to see if the problem can be resolved through our complaint procedures.