Regulatory penalties: applying penalties - making the decision to apply a penalty
If you visit a wholesaler who has not complied with the requirements of the scheme, you should ask yourself the following:
- Is the contravention liable to a fixed regulatory penalty?
- Is the contravention a first breach? If so, you should consider whether a warning letter is appropriate.
- Has the wholesaler got a reasonable excuse? See ECP8000 for further details of reasonable excuses.
- Would the issue of a civil penalty have a greater compliance effect than other possible action?