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Licensing Committee

27 November 2019

 

Licence Fees and Charges 2020/2021

 

Final Decision-Maker

Licensing Committee

Lead Head of Service

John Littlemore, Head of Housing and Community Services

Lead Officer and Report Author

Lorraine Neale, Senior Licensing Officer

Classification

Public

 

Wards affected

All

 

 

Executive Summary

 

The authority is required to review the fees set for the administration of the Town Police Clauses Act 1847, Local Government (Miscellaneous Provisions) Act 1976, Local Government (Miscellaneous Provisions) Act 1982, The Gambling Act 2005 and The Scrap Metal Dealers Act 2013. This ensures the Council complies with its statutory duty and the licensing of these regimes is self financing, in accordance with the Council’s Medium Term Financial Strategy.  

.

Purpose of Report

 

To seek Member approval of the licence fees and charges for the financial year 2020/21 where the Council has discretion over the level of fee as set out at 2.7, 2.9, 2.11, 2.13, 2.15, 2.17, and 2.19 of the report for implementation on 1 April 2020

 

 

This report makes the following recommendations to this Committee:

1.   That the Licensing Committee approve fee levels as set out  at 2.7, 2.9, 2.11, 2.13, 2.15, 2.17, and 2.19 of the report for implementation on 1 April 2020  subject to the consideration of any representations following consultation

 

 

 

Timetable

Meeting

Date

Licensing Committee

27 November 2019



Licence Fees 2020/2021

 

1.       CROSS-CUTTING ISSUES AND IMPLICATIONS

 

 

Issue

Implications

Sign-off

Impact on Corporate Priorities

No implications have been identified, This report is limited to reviewing and setting of fees to contribute towards the recovery of costs of the service

Lorraine Neale, Senior Licensing Officer 13.11.19

Cross Cutting Objectives

No implications have been identified, This report is limited to reviewing and setting of fees to contribute towards the recovery of costs of the service

Lorraine Neale, Senior Licensing Officer 13.11.19

Risk Management

Already covered in the risk section – see 5

 

[Lorraine Neale, Senior Licensing Officer 13.11.19

Financial

It is necessary for the Council to deliver a

balanced budget and cover the costs of

providing this service.

[Section 151 Officer & Finance Team]

Staffing

No implications have been identified, This report is limited to reviewing and setting of fees to contribute towards the recovery of costs of the service

Lorraine Neale, Senior Licensing Officer 13.11.19

Legal

Should parts of industry believe the

Authority’s fees are at a level which is greater than the costs of the statutory functions then it would be open to them to undertake judicial review proceedings. Should this arise, the authority would need to evidence how it arrived at the fee levels to demonstrate that they have been calculated on a cost recovery basis only.

[Legal Team]

Privacy and Data Protection

No implications have been identified, This report is limited to reviewing and setting of fees to contribute towards the recovery of costs of the service

Lorraine Neale, Senior Licensing Officer 13.11.19

Equalities

No implications have been identified, This report is limited to reviewing and setting of fees to contribute towards the recovery of costs of the service

Lorraine Neale, Senior Licensing Officer 13.11.19

Public Health

 

 

No implications have been identified, This report is limited to reviewing and setting of fees to contribute towards the recovery of costs of the service

Lorraine Neale, Senior Licensing Officer 13.11.19

Crime and Disorder

No implications have been identified, This report is limited to reviewing and setting of fees to contribute towards the recovery of costs of the service

Lorraine Neale, Senior Licensing Officer 13.11.19

Procurement

No implications have been identified, This report is limited to reviewing and setting of fees to contribute towards the recovery of costs of the service

Lorraine Neale, Senior Licensing Officer 13.11.19

 

 

2.      INTRODUCTION AND BACKGROUND

 

2.1 The Council’s fees and charges are reviewed on an annual basis as part of the budget setting process. The individual licence, consents and permits fees are calculated to recover the cost of issuing the licence, consent or permit and ensuring compliance with the requirements of the relevant legislation. There are other Licences issued by the Licensing Department where the fees are set by statute and are fixed or are within parameters and these cannot be changed, these are Licensing Act 2003 fees and some Gambling fees such as Lotteries and permits.

 

2.2 The fees that the Council can set were subject to a robust review in 2016 where each licence type was examined and calculated by examining the time it takes to carry out the various tasks in processing each type of application and who in the authority was likely to carry each action out. The hourly rates of staff were fed in to a spreadsheet (originally produced by LACORS) to calculate costs for each type of activity.

 

2.3 There has been no significant change in the time taken or the various tasks required to produce each licence, consent or permit since 2016 and so a 2% inflationary increase has been applied to all fees, in line with this Council’s Medium Term Financial Strategy 2020/21 – 2024/25 which allows consideration of overall inflation assumptions.

 

2.4     Members are asked to consider the proposals for increases to the fees and

          charges for which this Committee is responsible for reviewing at a local level.

 

Proposed Fees

 

Taxis and Private Hire Fees and Charges

 

2.5   There have been changes made since the fees for Hackney Carriage Driver and Vehicle were last set. In relation to drivers the cost of a DBS has been reduced from £44 to £40. In relation to vehicles the garage testing element has been removed from the fees, drivers will now pay the garage directly for their compliance tests from 1st April 2020.

There is a Legal Requirement to publish a Public Notice to advertise proposed variations to Hackney Carriage and Private Hire licence fees

2.6   Officers from the licensing department will email those Hackney Carriage    Proprietors, Private Hire Operators and Drivers where we have their email addresses after this Licensing Committee meeting to give them the opportunity to make representation. A Notice will also be placed in a local paper and will be available on the Council’s website.

2.7    Proposed Hackney Carriage and Private Hire Licensing fees from 1 April 2020 are:

 

Current Fees

Proposed Fees

Knowledge test

£33 per test

£33.50 per test

Hackney Carriage Driver and Dual (Hackney & Private Hire) Driver Licence

The monitor has been removed from the Hackney Driver and Vehicle fees has the cost has now been recovered.

On initial application

£ 319 for three years

(this includes £22.60 towards the Demand Survey & £8.00 for maintenance of TV monitor)

                                               £134 for one year

£ 325 for three years

(this includes £23.00 towards the Demand Survey & £8.00 for maintenance of TV monitor)

                                               £136 for one year

Disclosure Barring Service search fee

£44 every one or three years depending on licence (or £13 per year if they sign up to the online service)

*£40 every one or three years depending on licence (or £13 per year if they sign up to the online service)

Total (including DBS fee)

£363 for three years

£178 for one year

£365 for three years

£176 for one year

On renewal

£311 for three years

(this includes £22.60 towards the Demand Survey & £8.00 for maintenance of TV monitor)

                                               £116 for one year (due to age or medical)

£317 for three years

(this includes £23.00 towards the Demand Survey & £8.00 for maintenance of TV monitor)

                                               £118 for one year (due to age or medical)

Disclosure Barring Service search fee

£44 every one or three years depending on licence (or £13 per year if they sign up to the online service)

*£40 every one or three years depending on licence (or £13 per year if they sign up to the online service)

Total (including DBS fee)

£355 for three years

£160 for one year

£357 for three years

£158 for one year

Private Hire Driver Licence

 

On initial application

£243 for three years

£146 for one year

£248 for three years

£149 for one year

Disclosure Barring Service search fee

£44 every one or three years depending on licence (or £13 per year if they sign up to the online service)

*£40 every one or three years depending on licence (or £13 per year if they sign up to the online service)

Total (including DBS fee)

£287 for three years

£190 for one year

£288 for three years

£189 for one year

On renewal

£238 for three years

£128 for one year (due to age or medical)

£243 for three years

£131 for one year (due to age or medical)

Disclosure Barring Service search fee

£44 every one or three years depending on licence (or £13 per year if they sign up to the online service)

*£40 every one or three years depending on licence (or £13 per year if they sign up to the online service)

Total (including DBS fee)

£282 for three years

£172 for one year

£283 for three years

£171 for one year

Hackney Carriage Vehicle Licence

 

New & Renewal

£352 for one year

(this includes £22.60 towards the Demand Survey & £8.00 for maintenance of TV monitor)

£301 for one year

(this includes £23.00 towards the Demand Survey & £8.00 for maintenance of TV monitor)

(Vehicle testing fees have been removed from MBC fees and are now paid directly to the Garage)

Private Hire Vehicle Licence

 

New & Renewal

£324 for one year

£277 for one year

(Vehicle testing fees have been removed from MBC fees and are now paid directly to the Garage)

Private Hire Operator Licence

 

5 year licence – Initial application

£497 for five years

£506 for five years

5 year licence - Renewal

£415 for five years

£423 for five years

3 year licence – Initial application

£348 for three years

£354 for three years

3 year licence - Renewal

£282 for three years

£287 for three years

1 year licence – Initial application

£200 for one year

£204 for one year

1 year licence - Renewal

£133 for one year

£135 for one year

Other Costs

 

Change of ownership of licensed vehicle

£72

£73

Replace external vehicle plate

£24

£24

Replace driver badge

£11

£11

Replace internal plate holder

£1.75

£1.75

Copy of existing paper licence

£12

£12

Change of address details for a replacement licence

£12

£12

Change of name for a vehicle or operator licence

£12

£12

Change of name and address for a driver badge

£22

£22

Vehicle exemption certificate or general administration fee

£46

£47

Vehicle re-test

£49

N/A testing fees are now paid directly to the Garage

*The DBS reduced their cost for an enhanced disclosure in October 2019, bringing it down to £40 from £44.

 

 

 

Gambling Act 2005

2.8         The maximum levels have been included in the table in brackets for comparison purposes. The previous year’s fees are printed in italics for your information. The proposed fees are in bold and those cells that are shaded in the body of the table are where we have reached the maximum fee level that may be set.

 

2.9

 

Premises Type

New Application

Annual Fee

 

£

£

Existing Casinos

n/a

n/a

New Small Casino

8000

(8,000)

8000

4666

(5000)

4575

New Large Casino

9664

(10,000)

9475

7543

(10000)

7395  

Bingo Club

2983

(3500)

2925

846

(1000)

830

Betting Premises (excluding Tracks)

3000

(3000)

2945

600

(600)

600

Tracks

1829

(2500)

1793

846

(1000)

830

Family Entertainment Centres

1829

(2000)

1793

683

(750)

670

Adult Gaming Centre

1829

(2000)

1793

750

(750)

750

Temporary Use Notice

240

(500)

235

N/A

 

 

Application  to Vary

Application   to Transfer

Application for  Re-Instatement

Application for Provisional Statement

Licence Application (provisional Statement holders)

Copy Licence

Notification  of  Change

 

£

£

£

£

£

£

£

Existing Casinos

n/a

n/a

n/a

n/a

n/a

n/a)

n/a)

New Small Casino

4000

(4000)

4000

1761 (1800)

1727

1761 (1800)

1727

8000

(8000)

8000

3000

(3000)

2967

13

(25)

13

29

(50)

29

New Large Casino

4585

(5000)

4495

2150

(2150)

2150

2150

(2150)

2150

9649

(10000)

9460

4411

(5000)

4325

13

(25)

13

29

(50)

29

Bingo Club

1750

(1750)

1750

1200 (1200)

1200

433

(1200)

425

2379

(3500)

2332

1200 (1200)

1200

13

(25)

13

29

(50)

29

Betting Premises (excluding tracks)

1500 (1500)

1500

1200 (1200)

1200

413

(1200)

405

1860

(3000)

1824

1200 (1200)

1200

13

(25)

13

29

(50)

29

Tracks

1250 (1250)

1250

950

 (950)

950

413

 (950)

405

2034

(2500)

1994

950

 (950)

950

13

(25)

13

29

(50)

29

Family Entertainment Centres

1000

(1000)

1000

950

 (950)

950

 

418

 (950)

410

1855

(2000)

1819

 

950

 (950)

950

13

(25)

13

29

(50)

29

Adult Gaming Centre

 

1000

(1000)

1000

1200

(1200)

1200

418

 (950)

410

1855

(2000)

1819

 

1200

(1200)

1200

13

(25)

13

29

(50)

29

Temporary Use Notice

n/a

n/a

n/a

n/a

n/a

13

(25)

13

29

(50)

29

 

There is also the introduction of pre- application fees to consider, please see 2.19

 

Scrap Metal Dealers Act 2013

2.10 In setting a fee, the authority must have regard to any guidance issued by the Secretary of State, the proposed fees were originally calculated using that Guidance and the proposed fees raised by the 2% inflation increase.

 

2.11

 

 

Current Fee

 

Proposed Fee

Maidstone Borough Council

 

 

Site licence – grant

 

£472

£481

Site licence – renewal

 

£400

£408

Collector’s licence – grant or renewal

 

£287

£293

Minor administrative change to licence

 

£31

£32

Variation - change of site manager

 

£169

£172

Variation from collector to site licence

 

£205

£209

Variation from site to collector licence

 

£133

£136

 

 

 

Sexual Entertainment Venue fees

2.12 The authority is required to review the fees set for the administration of the Local Government (Miscellaneous Provisions) Act 1982. This ensures the Council complies with its statutory duty and that the licensing of Sexual Entertainment Venue premises is self financing, in accordance with the Council’s Medium Term Financial Plan

2.13

 

 Current  Fee

 

Proposed Fee

Maidstone Borough Council

 

 

New Licence Application

 

£4,387

£4,475

Renewal Licence Application

 

£4,387

£4,475

Transfer of Licence

 

£2,142

£2,185

 

 

Boats and Boatmen

2.14 The authority is required to review the fees set for  the administration of the Public Health Acts Amendment Act 1907 and Local Government, Planning And Land Act 1980 .This ensures the Council complies with its statutory duty and that the licensing of Boats and Boatmen is self financing, in accordance with the Council’s Medium Term Financial Plan

2.15

 

 Current  Fee

 

Proposed Fee

Maidstone Borough Council

 

 

Pleasure Boats

(New & Renewal)

£129

£132

Row Boats

(New & Renewal)

£26

£27

Boatmen

(New & Renewal)

£16

£16

 

 

 

 

Street Trading

 

2.16 The authority is required to review the fees set for the administration of the Local Government (Miscellaneous Provisions) Act 1982. This ensures the Council complies with its statutory duty and that the authorisation of Street Trading is self-financing, in accordance with the Council’s Medium Term Financial Plan

2.17

 

 Current  Fee

 

Proposed Fee

Maidstone Borough Council

 

 

Up to 12 trading days

New only

£31

£32

Up to 30 trading days

(New & Renewal)

£67

£68

Up to 90 trading Days

(New & Renewal)

£185

£189

Full year consent

 

£395

£403

 

 

 

 

2.18 Licensing Act 2003 & Gambling Act 2005

 

Fees for licences issued under the Licensing Act 2003 are statutory fees fixed by central Government. The level of those fees have not changed since 2005.  The Fees for Gambling Act 2005 can be set by Local Authorities up to a maximum that has been set by central government.

 

2.19     PRE-APPLICATION ADVICE - PROPOSED FEES

 

At a meeting of the Licensing Committee on 17th September 2019, the Committee agreed to the introduction of fees for Licensing pre-application advice in principle with a view to the proposed fees being included as part of the annual review of fees and charges. The proposed fees are :

 

The fees have been calculated using an hourly rate for a licensing officer with on-cost (and building in anticipated budgetary increases) of £40 per hour; £15 for receipt, processing and allocation of the request, and £20 per site visit to cover expenses (fuel & vehicle)  plus VAT @20%

 

Small Application- Up to one hour of advice regarding small licence applications,

Excludes events – see below

£66

Medium Application- Up to 2 hours advice for medium size applications including a site visit

Excludes event – see below

£138

Large Application- Up to 4 hours advice for large applications including multiple (if necessary) site visits

Excludes events – see below

£258

Events up to 1000 capacity:

Category A - up to 3 hours advice for extra large public events includes the cost of specialist officers and site visits

 

 

£354

 

 

 

 

Events between 1001 and up to 1999 capacity - Category B – up to 7 hours advice for extra large public events includes the cost of specialist officers  and site visits

 

 

£498

 

Events between 2000 and up to 4999 capacity – Category C – up to up to 14 hours advice for extra large public events includes the cost of specialist officers and site visits

 

£690

Extra large events - 5000 people or more - Category D - up to 21 hours advice for extra large public events includes the cost of specialist officers and site visits

 

 

£1026

 

 

 

Check and send

Licensing Act 2003 – transfer of licence or variation of designated premises supervisor – include assistance completing form and advising on statutory requirements and the statutory fee (currently £23)

 £55 (each)

 

 

 

 

 

3.   AVAILABLE OPTIONS

 

 

3.1      Members may decide to leave the fee levels as they are and not apply an inflationary increase to cover the full cost of delivering the licensing function. This would mean there would be a shortfall in income against the budget set for the function. Authorities cannot make a profit from the system and must ring-fence income from licensing fees so that any excess of 1 year’s revenue pertaining to future years is carried forward,  any excess in one area cannot be used to subsidise a shortfall in another.

 

3.2      Members may approve the inflationary increase fees as set at 2.7, 2.9, 2.11, 2.13, 2.15, 2.17, and 2.19

 

3.3      Members may require a fee higher than the cost of delivering the service. However, the fee is statutorily required to be reasonable and case law indicates that compliance with the EU Services Directive and Regulations requires that only the cost of administering the application and monitoring

            compliance be included in the fee. If the Council were to exceed this without justification it may be subject to challenge.

 

3.4      Members may approve the proposed fees for Licensing Pre-application advice as set out in 2.19

 

3.5      Members may decide not to approve the proposed fees for licensing pre-application advice and, if necessary, give further direction to officers.

 

 

4.        PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS

 

4.1      Members are requested to approve the proposed inflationary fee increases as set out at 2.7, 2.9, 2.11, 2.13, 2.15, 2.17, and 2.19

           of the report to ensure that the fee income reflects the cost of providing the service.

 

4.2      Members are requested to approve the proposed Licensing Pre-application advice fees

 

 

5.       RISK

5.1          If the fees are set to high then there is a risk that we could be challenged as an Authority.

 

5.2          If the fees are set to low there is the risk we will not cover the cost of delivering the service incurring a deficit.

 

 

6.       CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK

 

6.1     The fees set out at 2.7 are subject to consultation and any responses from consultation will be brought to a future Licensing Committee for consideration before adopting these fees.

 

6.2     The fees set out at 2.9, 2.11, 2.13, 2.15, 2.17, and 2.19 are not subject to consultation

 

 

7.       NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION

 

7.1        The fees will be charged with respect to new, existing and renewal applications from 1 April 2020 and published on our website.

 

 

8.        REPORT APPENDICES

 

  N/A

 

 

9.        BACKGROUND PAPERS

 

          N/A