Contact your Parish Council
Licensing Committee |
27 November 2019 |
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Licence Fees and Charges 2020/2021 |
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Final Decision-Maker |
Licensing Committee |
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Lead Head of Service |
John Littlemore, Head of Housing and Community Services |
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Lead Officer and Report Author |
Lorraine Neale, Senior Licensing Officer |
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Classification |
Public
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Wards affected |
All
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Executive Summary |
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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. . |
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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
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This report makes the following recommendations to this Committee: |
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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
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Timetable |
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Meeting |
Date |
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Licensing Committee |
27 November 2019 |
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Licence Fees 2020/2021 |
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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
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[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
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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:
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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. |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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£ |
£ |
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Existing Casinos |
n/a |
n/a |
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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 |
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Application to Vary |
Application to Transfer |
Application for Re-Instatement |
Application for Provisional Statement |
Licence Application (provisional Statement holders) |
Copy Licence |
Notification of Change |
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£ |
£ |
£ |
£ |
£ |
£ |
£ |
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
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418 (950) 410 |
1855 (2000) 1819
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950 (950) 950 |
13 (25) 13 |
29 (50) 29 |
Adult Gaming Centre
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1000 (1000) 1000 |
1200 (1200) 1200 |
418 (950) 410 |
1855 (2000) 1819
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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
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Current Fee
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Proposed Fee |
Maidstone Borough Council |
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Site licence – grant
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£472 |
£481 |
Site licence – renewal
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£400 |
£408 |
Collector’s licence – grant or renewal
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£287 |
£293 |
Minor administrative change to licence
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£31 |
£32 |
Variation - change of site manager
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£169 |
£172 |
Variation from collector to site licence
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£205 |
£209 |
Variation from site to collector licence
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£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
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Current Fee
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Proposed Fee |
Maidstone Borough Council |
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New Licence Application
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£4,387 |
£4,475 |
Renewal Licence Application
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£4,387 |
£4,475 |
Transfer of Licence
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£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
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Current Fee
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Proposed Fee |
Maidstone Borough Council |
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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
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Current Fee
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Proposed Fee |
Maidstone Borough Council |
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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
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£354
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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
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£498
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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
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£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
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£1026 |
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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)
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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