MAIDSTONE BOROUGH COUNCIL

LICENSING ACT 2003 COMMITTEE

12 NOVEMBER 2012

REPORT OF THE HEAD OF DEMOCRATIC SERVICES

Report prepared by Neil Harris

1.           REVIEW OF LICENSING FEES AND CHARGES

1.1        Issue for Decision

1.1.1   To consider the level of the fees to be charged by this Committee in respect of Statutory set fees relating to Licensing Act 2003 licences and Gambling Act 2005 fees within prescribed bands.

1.2        Recommendation of the Head of Democratic Services

1.2.1   That the position with regard to the statutory licensing fees for Licensing Act 2003 licences be noted .

1.2.2   That the GamblingAct 2005 licence fees be raised as set out in the Appendix to the report for implementation from 1 April 2013.

1.3        Reasons for Recommendation

1.3.1   The current fee levels for licences relating to Licensing Act 2003 licences are set by law and the Council has no authority to vary these from the levels set out in Regulations.. The recent Police and Social Responsibility Act did indicate that a power will be given to Local Authorities to give them more flexibility in the setting of fees for these licences but as yet no guidance has been given as to how this new system will operate and to what extent the flexibility given to Local Authorities would apply. It is likely that it will take the form of fee bands set by regulation in the same was as gambling Act fees; consultation on this is expected in 2013.  Therefore, at this stage there can be no change to these fee levels as the Council has no authority to make such a change.

1.3.2   With respect to fees and charges that can be set by the Council arising from the Gambling Act the Council does have an ability to set fees for these matters up to a maximum level set out in Regulations.  The Council currently does not charge at the highest levels and has not made an increase in these charges since 2007 when the Act came into effect.  Fees should be set on a cost recovery basis only.

1.3.3   In respect of the Gambling Fees which are set below the maximum level, it is recommended that those fees are increased by 5% to reflect the increase in the cost of this service. Revised fees for these Gambling licences are set out in the Appendix attached to the report.

1.3.4   In respect of fees relating to permits there is no discretion and therefore there is no proposed increase in fees.

1.3.5   The additional income arising from this increase in Gambling fees is projected to be £1,320, which will cover the increased costs incurred.

1.4        Alternative Action and why not Recommended

1.4.1   The Council has no discretion in respect of most of the fees within the remit of this Committee other than the gambling fees.  The Council could decide not to increase these fees or to increase them further than recommended.  However, in any recommendation the Council does have to have regard to the costs of the service and to be able to justify any increase.  It is currently felt that the proposed increase in fees can be justified.

1.5        Impact on Corporate Objectives

1.5.1   Corporate and customer excellence is provided by ensuring an efficient, effective and value for money service.

1.6        Risk Management

1.6.1   There are no significant risk management issues in relation to suggestions in the report.

1.7        Other Implications

1.7.1    

1.7.2   The financial and legal implications are dealt within the body of the report.

1.8        Relevant Documents

1.8.1   Appendices

1.8.1.1 Appendix 1 – Fees and Charges.

1.8.2   Background Documents

1.8.2.1 None

IS THIS A KEY DECISION REPORT?   Yes                                               No     If yes, when did it first appear in the Forward Plan?   …………………………………………………………………………………………………………………………..     This is a Key Decision because: ………………………………………………………………………..   …………………………………………………………………………………………………………………………….       Wards/Parishes affected: …………………………………………………………………………………..   ……………………………………………………………………………………………………………………………..