The re-inspection mechanism applies in cases where businesses with star-ratings of ‘1’ to ‘4’ have accepted their rating and have subsequently made the necessary improvements to address non-compliances identified during the previous inspection. Businesses should be aware that re-inspection for re-rating purposes could lead to a lower rating being awarded rather than an increase in rating.
Re-inspection falls under full cost recovery, and so the business will be required to pay for the costs of the inspection.
There-inspection should be carried out within three months of receipt of the request. Where an inspection does not occur within the three months, the business can raise the issue with the Food and Safety Manager. If the matter cannot be resolved, the business has recourse to the local authority complaints procedure.
There is no limit to the number of re-inspection visits a business can request, however, there will be a fee for each visit charged at full cost recovery.
The request should be made in writing (including by email) or by completing the relevant form to Environmental Health Services (Food, Health and Safety Team),and should outline the case for a re-inspection, i.e. it should indicate the actions that have been taken by the business to improve the level of compliance or welfare since the inspection and, where appropriate, should include supporting evidence. The supporting case should refer to those actions that Tendring District Council informed the business would need to be addressed in order to achieve a higher rating.
No. If the case made by the business is not substantiated or insufficient evidence is provided, the local authority can refuse to undertake a re-inspection on thatbasis. In doing so, the local authority must explain why the request is being refused at this stage and should re-emphasise the priority actions that must betaken in order to improve the rating and indicate what evidence will be required for agreement to a re-inspection to be made on further request. If the business disagrees with the local authority’s decision to refuse a request for a re-inspection, they can raise the issue with the Council’s Food and Safety Manager, Environmental Health Services (Food, Health & Safety Team). If the matter cannot be resolved, the business has recourse to Tendring District Council's complaints procedure.
Are-inspection must be made. A new rating must not be given on the basis of documentary evidence only.
This will depend on the reason for the re-inspection. This can be by appointment, unless an unannounced visit is necessary to ensure that compliance is checked properly(e.g. if the non-compliance was related to cleanliness standards). If standards have not improved or have deteriorated at the time of the reinspection, shoulda lower rating be given?
At the time of the re-inspection, the Council’s inspecting officer will not only check that the required improvements have been made, but also assess the ongoing standards. This means that the rating could go up, down or remain the same, change in licence length will be handled using the varying process.
The star rating must be added to the licence and the licence should be displayed by the business. Tendring District Council will maintain a list of licensed businesses and their associated ratings on our website under a public register.
To request a re-rating please fill in the Re-rating Request Form (opens in new window)and return it to fhsadmin@tendringdc.gov.uk or post to Environmental Health Services (Food, Health & Safety Team), Tendring District Council, Town Hall, Station Road, Clacton-on-Sea, Essex CO15 1SE.
To ensure fairness to businesses this procedure explains how businesses can dispute the star rating given to their business after their local authority inspection. This procedure is relevant where the business feels the star rating does not reflect the animal welfare standards and risk level of the business at the time of the inspection. This process is not to be used if a business has made improvements and wishes to be re-assessed – in this case the business should apply for a re-inspection.
In the first instance the business is encouraged to discuss their star rating informally with the inspecting officer. This will allow for a full explanation of how the rating was decided to be discussed. Any discussions do not form part of the formal process and do not change the timeframe for lodging an appeal. An appeal can be withdrawn after the informal discussion. A star rating cannot be changed after an informal discussion but the business can apply for a re-inspection at their cost after implementing any recommendations that could result in a higher star rating (due to the nature of the star rating it may not be possible for a star rating to be improved upon). Star rating criteria (opens in new window).
A formal appeal will need to be submitted to the local authority in writing (can be by email) within 21 days of receipt of the licence (this includes weekends and bank holidays). Appeals will only be accepted on the star-rating appeal form (opens in new window).
The local authority then has 21days (including weekends and bank holidays) from the date they receive the appeal to determine the appeal. The local authority will inform the business of their decision upon the determination of the appeal but no later than 21 days after Environmental Health Services has received the paperwork.
The appeal will be determined by the Food and Safety Manager or by someone acting on their behalf. Any officer involved in the production of the rating or the inspection on which the rating is based on will not consider the appeal.
The outcome of the appeal will be determined after considering the inspection reports and all associated paperwork along with the past record of the business and the star rating criteria. In some cases a further visit may be required. The cost of the visit will be borne by the applicant unless it results in a higher rating being awarded. (An appeal can be withdrawn at this stage should the business not want to pay for an inspection.) The requirement for a visit will depend on the nature of the dispute and whether or not a decision can be made on the basis of the inspection report and appeal form.
If the business disagrees with the outcome of the appeal the decision can be challenged by way of judicial review. It is advised that the business seeks its own legal advice ahead of any judicial review proceedings. The business also has recourse to the local authority complaints procedure (taking the matter to the Local Government Ombudsman where appropriate) if they consider that the service has not been properly delivered.
To appeal a star rating please fill in the star rating appeal form (opens in new window) and return it to fhsadmin@tendringdc.gov.uk or post to Food and Safety Manager, Environmental Health Services (Food, Health& Safety Team), Tendring District Council, Town Hall, Station Road, Clacton-on-Sea, Essex CO15 1SE.
If an adjustment needs to be made to your animal activities licence after it has been issued, whether it is to the licence itself or to the premises / animals referred to in the licence, you will need to make an application to Tendring District Council. You can do this by completing the form attached below.
An application fee applies. After your request has been received, you will be invoiced for the fee. Applications will only be accepted and deemed valid once payment has fully cleared.
The Council will consider the application for variation within 10 weeks of receipt. An officer may visit the premises unannounced, or announced and request relevant documentation or other evidence from the licence holder in order to determine whether the requested variation will be granted. Please provide all relevant information when submitting your application.
Licence holders will be notified in writing of the result of the variation of licence application.
Application Form for Variation of Licence (opens in new window)
Applicants have 28 days from the date of receipt of a notice of refusal from the local authority to appeal to the first tier tribunal(link is external) through the HM Courts and Tribunal Services. Details of the application process can be found on the Government's website.
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