What Does the Local Authority Enforce in Health and Safety?

A breakdown of which sectors councils cover, their legal powers, and how they differ from the HSE and Fire Authority

When most people think of health and safety enforcement, their minds go straight to the HSE or the local fire service. But local authorities — your local council, district, borough or unitary authority — also play a significant role in keeping people safe at work and in public-facing environments.

While their remit is narrower and more industry-specific, they have full enforcement powers under UK health and safety law — including the power to inspect, investigate, and prosecute.

So, what exactly do local authorities enforce? Which sectors do they cover? And how do they fit into the wider regulatory landscape?

Let’s break it down.

What Do Local Authorities Enforce in Safety Law?

Local authorities enforce health and safety in low-risk, public-facing sectors. These typically include:

Retail premises (shops, supermarkets, showrooms)
Leisure facilities (gyms, sports centres, swimming pools)
Hairdressers, beauty salons, and tattoo studios
Offices and call centres (unless they’re on industrial estates, in which case they may fall under HSE)
Catering and hospitality (restaurants, cafés, pubs, takeaways)
Residential care homes and nursing homes
Public entertainment venues (theatres, cinemas, nightclubs)
Holiday parks and caravan sites
Street markets and public events
Some warehouse and storage facilities

These are usually workplaces that involve public access, customer interaction, or personal care, but do not carry the higher industrial risks associated with construction, manufacturing, or offshore work.

Legal Basis: Same Law, Different Enforcer

Local authorities enforce the same core health and safety laws as the HSE:

Health and Safety at Work etc. Act 1974
Management of Health and Safety at Work Regulations 1999
And other industry-relevant regs like COSHH, Manual Handling, RIDDOR, etc.

However, enforcement responsibility is split based on sector, not geography.

For example:

A factory and a café on the same road may have different enforcers — the HSE for the factory, the council for the café.

This division is laid out in the Enforcing Authority Regulations 1998, which determine who covers what.

Enforcement Powers of Local Authorities

Councils have the same core enforcement powers as the HSE:

Inspect workplaces at any reasonable time, with or without notice
Investigate incidents, complaints, and dangerous occurrences
Issue enforcement notices, including:
- Improvement Notices – require compliance within a set timeframe
- Prohibition Notices – stop unsafe work immediately
Prosecute individuals or companies in serious cases

Some local authorities have dedicated Environmental Health Officers (EHOs) who specialise in both food hygiene and health and safety enforcement. Others may have separate teams.

Commercialisation, Consultancy, and Inconsistencies

Unlike the HSE, local authorities cannot charge a Fee for Intervention when they identify breaches of health and safety law. However, under the Localism Act 2011, they were granted powers to raise revenue through commercial services, including offering paid safety advice — provided it’s delivered through a separate trading arm and not confused with statutory enforcement.

In theory, this allows councils to:

Offer optional, paid consultancy to local businesses
Generate income to support overstretched departments
Provide tailored support to SMEs and low-risk sectors

In practice, this has created some real problems.

For example: An EHO may carry out a routine food hygiene inspection, flag some “areas for improvement,” and then offer consultancy services for a fee — only to then award a 5-star rating despite the concerns.

While this doesn’t always breach any official guidelines, it raises questions about impartiality and creates a conflict of interest between enforcement and revenue generation. The degree to which this happens varies wildly between local authorities. Some councils pursue these opportunities aggressively, while others avoid them entirely.

For multi-site organisations — like gym chains, restaurant franchises, or holiday parks — this creates a nightmare of inconsistency:

One site may be told they’re non-compliant
Another, just miles away, gets a glowing report for the same issue

This inconsistency undermines trust in the system and makes it harder for responsible businesses to manage risk coherently.

Primary Authority Scheme: One Council, One Standard

To address this kind of regulatory fragmentation, the Primary Authority Scheme allows businesses operating in multiple council areas to:

Form a legal partnership with a single local authority
Receive assured advice on health and safety, food safety, and more
Ensure that advice is respected across all other councils

This allows businesses to cut through local variation and standardise compliance across the country — reducing cost, confusion, and risk.

We’ll explore this scheme in more detail in a future blog.

How Do Local Authorities Differ from the HSE and Fire Authority?

Let’s clarify how each enforcing body fits together:

Local Authority

Focus: Public-facing, low-risk sectors (retail, hospitality, leisure)
Structure: Local council or unitary authority
Strengths: Accessible, community-based, good for advice and informal support
Weaknesses: Resources vary — some councils have limited inspection capacity

HSE

Focus: Higher-risk industries (construction, manufacturing, agriculture, logistics, energy)
Structure: National regulator with specialist inspectors
Powers: Can charge via Fee for Intervention (£174/hour), often more proactive in complex investigations

Fire Authority

Focus: Fire safety in occupied premises
Structure: County-level or combined authority
Powers: Issue fire safety enforcement, prohibition, and alteration notices under the Fire Safety Order

When Might a Local Authority Inspect You?

You may receive a visit if:

There’s been a reportable injury or near miss under RIDDOR
A member of the public or an employee raises a concern
You operate in a sector with recent incidents or trends
Your business is randomly selected for a routine inspection

In some cases, particularly around holiday parks, events, or licensed venues, local authorities may work alongside the Fire Authority to assess both general health and fire safety compliance.

Common Misconceptions About Local Authority Enforcement

“They only deal with food hygiene.”

Not true. Many EHOs are trained in both food safety and workplace health and safety — and have full enforcement powers under the Health and Safety at Work Act.

“They won’t inspect unless there’s a complaint.”

While complaint-driven visits are common, proactive inspections still happen, especially in sectors like tattooing, residential care, or event safety.

“Only the HSE can prosecute.”

Councils regularly bring prosecutions, particularly in serious injury or fatality cases. Fines and legal consequences can be just as severe as those from the HSE.

Summary: What You Need to Know

Local authorities enforce health and safety law in low-risk, public-facing industries
Their powers include inspection, enforcement notices, and prosecution
They enforce exactly the same legislation as the HSE — but in different sectors
They often work alongside food safety, licensing, or planning teams in complex settings
If you operate in retail, leisure, beauty, catering, or care — the council is your enforcer

Need Help with Local Authority Compliance?

If your business is inspected by your local council, you’ll need to show evidence of:

A suitable and sufficient risk assessment
Staff training records
Clear procedures for managing safety
Up-to-date policies and incident logs

Our network of consultants can help you prepare and stay compliant.

👉 Enquire Now to connect with a qualified safety expert in your area.

FAQs

Q: Can my local council really prosecute me for a health and safety breach?

Yes — councils have full legal powers to bring prosecutions under the Health and Safety at Work Act.

Q: How do I know if I fall under the local authority or HSE?

It depends on your sector, not your postcode. If in doubt, check the HSE’s Enforcing Authority Regulations or ask your local Environmental Health team.

Q: Can I be inspected without notice?

Yes — inspectors can visit at any reasonable time and do not have to give advance warning.

Q: Are their inspections less serious than HSE ones?

No. The law applies equally — and enforcement consequences can be just as significant.