Trading standards inspections and your rights

We use the Government's Enforcement Concordat. The purpose of the Concordat is to help secure efficient and effective compliance with the law whilst minimising the burden to trade and business and others who may be subject to regulation.

We believe that working together with businesses means:

• better public protection

• clarity about what is required, by whom and when

• fair and consistent regulation

• action taken is proportionate to the risks identified.

We are pleased to help if you need advice on any of the areas we regulate. However, the onus of compliance remains with businesses and ultimately we have a responsibility to enforce the law.

The inspection

• Authorised officers carry official identification and must produce it.

• They have the right to enter and inspect commercial premises when they are open for business.

• They do not have to make an appointment and will not normally do so.

• We may carry out inspections as part of a routine risk-based premises inspection programme, following a consumer complaint, or as part of a survey into a particular area of commercial activity.

In certain circumstances the inspecting officer will have the following powers:

• to inspect and test goods, equipment or installations

• to make test purchases (sometimes covertly) and take samples

• to inspect all parts of the premises

• to seize and detain goods and documents

• to require the production of recordings (including computer records), documents and video recordings associated with the business, and to take copies 

• to interview staff during the inspection

• to gather evidence, which may include taking photographs.

It may be an offence to obstruct or fail to give assistance or information reasonably required by the inspecting officer or to give false or misleading information.

Your rights

• When you are required or advised to do something you have the right, on request, to a written explanation of what you need to do, by when and why and whether it is a legal requirement or good practice.

• We will provide this on the spot if possible but in any case within 10 working days.

• When we take immediate enforcement action, you have the right to a written explanation as to why this action is necessary within 10 working days.

• When we take or propose other enforcement action, you have the right to have your point of view heard and for any alternative action (which must be equally effective) to be discussed.

• When a formal appeal against enforcement action is available, we will tell you how to make the appeal.

• If you have concerns about what implications the inspection or its findings have for you, we will explain this on request.

• If you are unhappy with any aspect of the inspection then you can complain using our complaints procedure. 

You can see our enforcement policy below. For further information about any aspect of our service please contact us.