Smoking Enforcement Policy - Aberdeen City Council

• whether it is desirable to be seen to produce some public effect, including theneed to ensure remedial action and, through the punishment of offenders, todeter others from similar failures to comply with the law;• whether the evidence available provides a realistic prospect of conviction;• whether an enforcement officer has been obstructed in the lawful course oftheir duties• whether or not the offender has taken all necessary steps to prevent arecurrence of the problem;• the ability of any important witnesses and their willingness to co-operate6. Authorisation of OfficersAll Enforcement Officers will be appointed under the Smoking, Health and SocialCare (Scotland) Act 2005. When carrying out their duties, Enforcement Officers willalways be able to produce their authorisation on request.The following table outlines the degree of authority afforded to the various differenttypes of Enforcement Officer involved.AUTHORISATION OF OFFICERSArea of Work Scope of Permission Comments/ConditionsService ofadvisory andwarning lettersService of FixedPenalty Notices.Reports toProcurator Fiscal.All qualified EHOs andappropriately authorisedEnforcement Officers.All qualified EHOs andappropriately authorisedEnforcement Officers.All qualified EHOs andappropriately authorisedEnforcement Officers mayprepare reports to theProcurator Fiscal. A decisionto submit a report to theProcurator Fiscal rests withthe Senior EHOCommercialTeam ManagerThe preparation of allreports to the Procuratorfiscal is monitored by theSenior EHO/CommercialTeam Manager, andsighted by the Head ofShelter and Environment(Central NeighbourhoodArea).12