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The Scotch Whisky Regulations 2009
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- UK Statutory Instruments
- 2009 No. 2890
- SCHEDULE 4
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Regulation 34(2)
SCHEDULE 4U.K.FACTORS TO BE TAKEN INTO ACCOUNT IN DETERMINING THE AMOUNT OF A PENALTY
This schedule has no associated Explanatory Memorandum
PART 1U.K.Aggravating factors
1. Seriousness of the non-compliance.U.K.
2. Financial harm to consumers.U.K.
3. Financial harm to competitors.U.K.
4. Duration of non-compliance.U.K.
5. Evidence of intention behind the non-compliance.U.K.
6. History of non-compliance of the person (“P”) to whom the penalty notice is to be given.U.K.
7. Financial gain made by P as a result of the non-compliance.U.K.
8. Financial resources of P.U.K.
9. Size of P’s business.U.K.
10. Availability of the non-compliant product, including the number of retail shops in which it has been marketed.U.K.
11. Where P is a retailer with a number of retail shops, the number of retail shops operated by them (whether or not there is evidence that the non-compliant product has been, or may have been, marketed in all of those shops).U.K.
12. The conduct of P after the non-compliance is drawn to their attention by an enforcement authority.U.K.
13. Previous action taken by the enforcement authority to help P comply with the Regulations.U.K.
PART 2U.K.Mitigating factors
1. Action taken to eliminate or reduce the risk of harm resulting from the non-compliance.U.K.
2. Action taken by P to repair the harm done by the non-compliance.U.K.
3. Any co-operation given to the enforcement authority by P in responding to the non-compliance.U.K.
4. Whether P reported the non-compliance to the enforcement authority.U.K.
5. Financial resources of P.U.K.
6. Size of P’s business.U.K.
7. Availability of the non-compliant product, including the number of retail shops in which it has been marketed.U.K.
8. The conduct of P after the non-compliance is drawn to their attention by an enforcement authority.U.K.
9. Where the non-compliance was committed by an employee of P, the extent to which the employee was acting outside of their authority.U.K.
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