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By notice of appeal dated 6 November 2018, the Appellant appeals pursuant to regulation 48(1) of the Energy Savings Opportunity Scheme Regulations 2014 (�the Regulations�) against the Respondent�s imposition of a civil penalty of �8,190 by Notice of Civil Penalty dated 4 October 2018.� The Notice was issued in respect of the Appellant�s failure to comply with an Enforcement Notice issued under the Regulations and which required the Appellant to carry out an ESOS assessment and report that assessment to the Respondent in accordance with Part 4 and 5 of the Regulations.
By its notice of appeal, the Appellant states that it owns and operates a number of bars and restaurants and has no member of staff with the necessary expertise to comply with the requirements of ESOS.� To enable it to do so, it appointed an agent, Blogical, to undertake the necessary work.� However, Blogical proved to be unreliable which has resulted in numerous problems being caused to the business.� The Appellant seeks a reduction in the penalty specified to the minimum possible amount.
The evidence submitted with the Appellant�s appeal form shows that the company was seeking assistance from Blogical, in terms of understanding the requirements of ESOS, as early as 31 July 2015 and that Blogical was collating the necessary information.� However, despite this, in December 2015 the Appellant gave notice that it intended to comply late with ESOS stating that its ESOS assessment would be finalised by 25 January 2016 and compliance notified.
This timetable was not met and on a number of occasions during 2016, the Respondent chased for updates. From the evidence before the Tribunal it appears that Blogical were still seeking quotations from other firms to undertake work to inform the ESOS assessment.� It was not until 12 June 2017, that an assessment was in fact submitted to the Respondent.��
Well before this, the Respondent had served an enforcement notice on 13 October 2016, which required the Appellant to carry out an ESOS assessment and to report it to the Respondent by 13 January 2017.�
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