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Licensing

11th November 2023

 

Licence Fees and Charges 2024/2025

 

Timetable

Meeting

Date

Licensing Committee

11th November 2023

Executive/Lead Member on the Executive for (Portfolio Name) (select correct option)

N/A

 

 

Will this be a Key Decision?

No

Urgency

Not Applicable

Final Decision-Maker

Licensing Committee

Lead Head of Service

John Littlemore, Head of Housing and Regulatory  Services

Lead Officer and Report Author

Lorraine Neale

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 2023/24 where the Council has discretion over the level of fee as set out at 2.5, 2.6, 2.7, 2.8, 2.9, 2.10 and 2.11 of the report for implementation on 1 April 2024.

 

This report makes the following recommendations to the Committee

 

1.   That the fee levels as set out at 2.6, 2.7, 2.8, 2.9, 2.10 and 2.11  of the report for implementation on 1 April 2024, be approved; and

2.   That the fee level as set out at 2.5  of the report for implementation on 1 April 2024 be approved, with any consultation responses received to be presented to the committee for consideration before that fees implementation.

 

 

Licence Fees and Charges 2024/2025

 

 

1.       CROSS-CUTTING ISSUES AND IMPLICATIONS

 

Issue

Implications

Sign-off

Impact on Corporate Priorities

The four Strategic Plan objectives are:

 

·         Embracing Growth and Enabling Infrastructure

·         Safe, Clean and Green

·         Homes and Communities

·         A Thriving Place

·         We do not expect the recommendations will by themselves materially affect achievement of corporate priorities.

Senior Licensing Officer

Cross Cutting Objectives

The four cross-cutting objectives are:

 

·         Heritage is Respected

·         Health Inequalities are Addressed and Reduced

·         Deprivation and Social Mobility is Improved

·         Biodiversity and Environmental Sustainability is respected

 

•    The report recommendations do not materially impact on the achievement of the cross-cutting objectives

Senior Licensing Officer

Risk Management

•   Refer to Section 5 of the report

Senior Licensing Officer

Financial

·         No implications identified

Section 151 Officer & Finance Team

Staffing

·         Not applicable

Senior Licensing Officer

Legal

·         Whilst certain fees are statutory, others are discretionary as set out in the report. Should parts of industry believe the Authority’s discretionary 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

Information Governance

·         The recommendations do not impact personal information (as defined in UK GDPR and Data Protection Act 2018) the Council processes.

Information Governance Team

Equalities

·         The recommendations do not propose a change in service therefore will not require an equalities impact assessment

Equalities & Communities Officer

Public Health

·         No implications identified

Senior Licensing Officer

Crime and Disorder

•    There are no implications to Crime and    Disorder

 

Senior Licensing Officer

Procurement

·         Not applicable

 

Senior Licensing Officer

Biodiversity and Climate Change

The implications of this report on biodiversity and climate change have been considered and are;

·         There are no implications on biodiversity and climate change.

Senior Licensing Officer

 

 

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 Since the robust review in 2016 there has been no significant change in the time taken or the various tasks required to produce the majority of licenses, consents or permits. Previous years demonstrate that the service recovers its costs and does not make a profit (pandemic years being the exception), the Council’s Medium Term Financial Strategy 2020/21 – 2025/26 considers the pandemic and its effect on fees and charges and assumes an adverse rate of 3% inflation, however the  current CPI for 2023 is higher at 6.7% and so an increase of 6% has been applied to licence fees. This increase has not been applied to the sundry costs for taxis as there is no officer involvement and only  the licensing hub administration costs should apply. A new fee for temporary plates has been introduced for taxi vehicles which allows all partners to comply to the partnership procedure for temporary/insurance replacement vehicles.

       (all fees may have been rounded up or down).

 

2.3   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.

 

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

 

2.4   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.

2.5   Proposed Hackney Carriage and Private Hire Licensing fees from 1 April 2024 are:

 

Current Fees

Proposed Fees

 

Knowledge test

£36 per test

£38

 

EQUO online test

£67

£71

 

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

 

On initial application

£ 353 for three years

(this includes £24.50 towards the Demand Survey & £8.50 for maintenance of TV monitor)

                                             £145 for one year

£ 374 for three years

(this includes £26 towards the Demand Survey & £9 for maintenance of TV monitor)

 

£154 for one year

 

 

Disclosure Barring Service search fee

£38 every one or three years depending on licence (or £13 per year if they sign up to the online service)

£38 every one or three years depending on licence (or £13 per year if they sign up to the online service)

 

Total (including DBS fee)

£390 for three years

£183 for one year

£412 for three years

£192 for one year

 

On renewal

£344 for three years

(this includes £24.50 towards the Demand Survey & £8.50 for maintenance of TV monitor)

                                               £127 for one year (due to age or medical)

£365 for three years

(this includes £26 towards the Demand Survey & £9 for maintenance of TV monitor)

 

                                               £135 for one year (due to age or medical)

 

Disclosure Barring Service search fee

£38 every one or three years depending on licence (or £13 per year if they sign up to the online service)

£38 every one or three years depending on licence (or £13 per year if they sign up to the online service)

 

Total (including DBS fee)

£382 for three years

£165 for one year

£403 for three years

£173 for one year

 

Private Hire Driver Licence

 

 

On initial application

£271 for three years

£163 for one year

£287 for three years

£173 for one year

 

Disclosure Barring Service search fee

£38 every one or three years depending on licence (or £13 per year if they sign up to the online service)

£38 every one or three years depending on licence (or £13 per year if they sign up to the online service)

 

Total (including DBS fee)

£309 for three years

£201 for one year

£325 for three years

£211 for one year

 

On renewal

£266 for three years

£143 for one year (due to age or medical)

£282 for three years

£152 for one year (due to age or medical)

 

Disclosure Barring Service search fee

£38 every one or three years depending on licence (or £13 per year if they sign up to the online service)

£38 every one or three years depending on licence (or £13 per year if they sign up to the online service)

 

Total (including DBS fee)

£304 for three years

£181 for one year

£320 for three years

£190 for one year

 

Hackney Carriage Vehicle Licence

 

 

New & Renewal

£327 for one year

(this includes £24.00 towards the Demand Survey & £8.50 for maintenance of TV monitor)

 

£347 for one year

(this includes £26 towards the Demand Survey & £9 for maintenance of TV monitor)

 

Private Hire Vehicle Licence

 

 

New & Renewal

 

£302 for one year

£320 for one year

 

Private Hire Operator Licence

 

 

5 year licence – Initial application

£552 for five years

£585 for five years

 

5 year licence - Renewal

£462 for five years

£490 for five years

 

3 year licence – Initial application

£386 for three years

£409 for three years

 

3 year licence - Renewal

£313 for three years

£332 for three years

 

1 year licence – Initial application

£223 for one year

£236 for one year

 

1 year licence - Renewal

£147 for one year

£156 for one year

 

Other Costs

 

 

*DBS/general administration fee

£30

£30

 

*Change of ownership of licensed vehicle

£79

£26

 

*Replace vehicle plate

£26

£19

 

*Replace driver badge

£12

£13

 

*Duplicate paper licence

£13

£13

 

*Change of name for a vehicle licence

£13

£26

 

*Change of name or address for a operator licence

£13

£48

 

*Change of name and address for a driver badge (badge not included)

£24

£24

 

Plate bracket

-

£46

 

Vehicle exemption certificate

£51

£54

 

Temporary plate

-

£115

 

 

 

 

Gambling Act 2005

2.6 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.

 

 

 

Premises Type

New Application

Annual Fee

 

£

£

Existing Casinos

n/a

n/a

New Small Casino

8000

(8,000)

8000

5000

(5000)

4759

New Large Casino

10,000

(10,000)

9857

8155

(10000)

7694

Bingo Club

3453

(3500)

3258

980

(1000)

924

Betting Premises (excluding Tracks)

3000

(3000)

3000

600

(600)

600

Tracks

2117

(2500)

1997

980

(1000)

924

Family Entertainment Centres

2000

(2000)

1997

750

(750)

746

Adult Gaming Centre

2000

(2000)

1997

750

(750)

750

Temporary Use Notice

277

(500)

262

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

1800 (1800)

1797

1800

(1800)

1797

8000

(8000)

8000

3000

(3000)

2967

14

(25)

13

32

(50)

30

New Large Casino *

4958

(5000)

4677

2150

(2150)

2150

2150

(2150)

2150

10000

(10000)

9842

4769

(5000)

4499

14

(25)

13

32

(50)

30

Bingo Club

1750

(1750)

1750

1200 (1200)

1200

501

(1200)

473

2752

(3500)

2596

1200 (1200)

1200

15

(25)

14

34

(50)

32

Betting Premises (excluding tracks)

1500 (1500)

1500

1200 (1200)

1200

477

(1200)

450

2153

(3000)

2031

1200 (1200)

1200

15

(25)

14

34

(50)

32

Tracks

1250 (1250)

1250

950

 (950)

950

477

(1200)

450

2355

(2500)

2222

950

 (950)

950

15

(25)

14

34

(50)

32

Family Entertainment Centres

1000

(1000)

1000

950

 (950)

950

 

483

 (950)

456

2000

(2000)

2000

 

950

 (950)

950

15

(25)

14

34

(50)

32

Adult Gaming Centre

 

1000

(1000)

1000

1200

(1200)

1200

483

 (950)

456

2000

(2000)

2000

 

1200

(1200)

1200

15

(25)

14

34

(50)

32

Temporary Use Notice

n/a

n/a

n/a

n/a

n/a

15

(25)

14

34

(50)

32

 

 

Scrap Metal Dealers Act 2013

2.7 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 6% inflation increase

 

 

Current Fee

 

Proposed Fee

Maidstone Borough Council

 

 

Site licence – grant

 

£525

£556

Site licence – renewal

 

£445

£472

Collector’s licence – grant or renewal

£320

£339

Minor administrative change to licence

£35

£37

Variation - change of site manager

£187

£198

Variation from collector to site licence

£228

£242

Variation from site to collector licence

£149

£158

 

 

 

 

 

 

 

 

 

 

 

Sexual Entertainment Venue fees

2.8 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

 

 

 Current Fee

 

Proposed Fee

Maidstone Borough Council

 

 

New Licence Application

 

£4888

£5181

Renewal Licence Application

 

£4888

£5181

Transfer of Licence

 

£2387

£2530

 

Boats and Boatmen

2.9 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

 

 Current Fee

 

Proposed Fee

Maidstone Borough Council

 

 

Pleasure Boats

(New & Renewal)

£144

£153

Row Boats

(New & Renewal)

£29

£31

Boatmen

(New & Renewal)

£17

£18

 

 

 

 

 

 

 

 

Street Trading

2.10  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

 

Current  Fee

Proposed Fee

Maidstone Borough Council

 

 

Consultation application fee (applies to full year applications only)

£156

£165

Up to 12 trading days

New only (on grant)

£34

£36

Full year consent

(New & Renewal) (on grant)

£265

£281

Additional assistants (checks and badges)

£52

£55

Additional change (additional products)

£52

£55

Copy/replacement Licence

£13

£14

Copy/replacement Badge

£13

£14

 

 

2.11 Licensing Act 2003 & Gambling Act 2005

  PRE-APPLICATION ADVICE

 

These fees are for additional services provided by Officers and the Hub to assist applicants with their applications.

 

 Covers applications for:

Licensing Act 2003

·         new premises licences

·         full variations of premises licence

·         new club premises certificate (CPC)

·         variation of CPC

·         provisional statement

Gambling Act 2005

·         new and variation applications

 

Current

2023/2024

Proposed

2024/2025

Up to one hour of advice regarding licence applications, including assistance in completing form (hourly rate)

 

£75.00

 

£80.00

site visit (to give advice) – up to one hour 

 

£100.00

 

£107.00

Licensing Act 2003 - Minor variations – up to 30 mins advice on applications (including assessment as to whether suitable as a minor,  suggestion on wording of proposed conditions, help completing application etc)

 

£35.00

 

£38

HUB TEAM SERVICES

In depth assistance in completing application forms and advice on correct documentation for:

·         Transfer

·         Variation of Designated premises supervisor

·         Personal licence

 

 

£40.00 (incl. VAT)

 

£43.00

In depth assistance in completing Temporary event notices and advice on limits etc

 

£15.00 (incl. VAT)

£16.00

OTHER ADMIN CHARGES

Upon request of licence holder, amend and re-issue invoice for statutory annual fee

£10.00

£11.00

Upon request of licence holder, amend contact details for lottery registration

£10.00

£11.00

 

 

 

 

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 surplus or deficit is carried forward to the next year’s budget, any surplus in one area cannot be used to subsidise a shortfall in another.

 

3.2    Members may approve the inflationary increase fees as set at 2.5, 2.6, 2.7, 2.8, 2.9, 2.10 and 2.11

 

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.

 

 

 

4.        PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS

 

4.1       Members are requested to approve the proposed inflationary fee increases as set out at 2.5, 2.6, 2.7, 2.8, 2.9, 2.10 and 2.11 of the report to ensure that the fee income reflects the cost of providing the service.

 

 

 

 

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 2.5 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 2.6, 2.7, 2.8, 2.9, 2.10 and 2.11 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 2024 and published on our website.

 

 

 

8.        REPORT APPENDICES

 

  N/A

 

 

9.        BACKGROUND PAPERS

 

          N/A

2.1