Your Councillors


Licensing Committee

22 November 2018

Is the final decision on the recommendations in this report to be made at this meeting?

Yes

 

Licence Fees 2019/2020

 

Final Decision-Maker

Licensing Committee

Head of Service

John Littlemore, Head of Housing and Community Services

Lead Officer/Report Author

Lorraine Neale

Classification

Non-exempt

Wards affected

All

 

 

This report makes the following recommendations to the final decision-maker:

1.   That the Licensing Committee approve fee levels as set out  at 2.7, 2.9, 2.11, 2.13, 2.15 and 2.17 of the report for implementation on 1 April 2019  subject to the consideration of any representations following consultation

 

 

This report relates to the following Five Year Plan Key Objectives:

·         Securing a successful economy for Maidstone Borough

It is proposed to set fees which enable the authority to be self-financing with respect to this service.

 

 

Timetable

Meeting

Date

Licensing Committee

22 November 2018



Licence Fees 2019/2020

 

 

1.        PURPOSE OF REPORT AND EXECUTIVE SUMMARY

 

1.1   The authority is required to review and set the fees and other relevant charges for the various licences that fall within the remit of the Licensing Committee. This ensures the Council complies with its statutory duty and that licensing is self-financing, in accordance with the Council’s Financial Strategy.  Set out at 2.7, 2.9, 2.11, 2.13, 2.15 and 2.17 of this report are the proposed fees for 2019 - 2020 for the various      licences issued by the Licensing Department. The agreed fees will take effect on 1st April 2019

 

 

 

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 all fees have been subject to a 2.5% inflationary increase in line with this Council’s Medium Term Financial Strategy 2018/19 – 2022/23 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 has been a slight decrease to the fees for Hackney Carriage Driver and Vehicle fees as the cost of the taxi monitor has been met and so has been removed from the overall fee.

 Public Notice to advertise proposed variation 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 2019 are:

 

Current Fees

Proposed Fees

Knowledge test

£32 per test

£33 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

£332 for three years

(this includes £22.04 towards the Demand Survey & £29.43 for TV monitor and maintenance)

£152 for one year

£ 319 for three years

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

                                               £134 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)

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

Total (including DBS fee)

£376 for three years

£196 for one year

£363 for three years

£178 for one year

On renewal

£325 for three years

(this includes £22.04 towards the Demand Survey & £29.43 for TV monitor and maintenance)

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

£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)

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)

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

Total (including DBS fee)

£369 for three years

£179 for one year

£355 for three years

£160 for one year

Private Hire Driver Licence

 

On initial application

£237 for three years

£142 for one year

£243 for three years

£146 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)

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

Total (including DBS fee)

£281 for three years

£186 for one year

£287 for three years

£190 for one year

On renewal

£232 for three years

£125 for one year (due to age or medical)

£238 for three years

£128 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)

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

Total (including DBS fee)

£276 for three years

£169 for one year

£282 for three years

£172 for one year

Hackney Carriage Vehicle Licence

 

New & Renewal

£365 for one year

(this includes £22.04 towards the Demand Survey & £29.43 for monitor and maintenance)

£352 for one year

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

Private Hire Vehicle Licence

 

New & Renewal

£315 for one year

£324 for one year

Private Hire Operator Licence

 

5 year licence – Initial application

£485 for five years

£497 for five years

5 year licence - Renewal

£405 for five years

£415 for five years

3 year licence – Initial application

£340 for three years

£348 for three years

3 year licence - Renewal

£275 for three years

£282 for three years

1 year licence – Initial application

£195 for one year

£200 for one year

1 year licence - Renewal

£130 for one year

£133 for one year

Other Costs

 

Change of ownership of licensed vehicle

£70

£72

Replace external vehicle plate

£23

£24

Replace driver badge

£10

£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

£21

£22

Vehicle exemption certificate or general administration fee

£45

£46

Vehicle re-test

£48

£49

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

4575

(5000)

4465

New Large Casino

9475

(10,000)

9245

7395

(10000)

7215   

Bingo Club

2925

(3500)

2855

830

(1000)

810

Betting Premises (excluding Tracks)

2945

(3000)

2875

600

(600)

600

Tracks

1793

(2500)

1750

830

(1000)

810

Family Entertainment Centres

1793

(2000)

1750

670

(750)

655

Adult Gaming Centre

1793

(2000)

1750

750

(750)

750

Temporary Use Notice

235

(500)

230

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)

3915

1727 (1800)

1685

1727 (1800)

1685

8000

(8000)

7950

2967

(3000)

2895

13

(25)

12

29

(50)

28

New Large Casino

4495

(5000)

4385

2150

(2150)

2140

2150

(2150)

2140

9460

(10000)

9230

4325

(5000)

4220

13

(25)

12

29

(50)

28

Bingo Club

1750

(1750)

1710

1200 (1200)

1200

425

(1200)

415

2332

(3500)

2275

1200 (1200)

1200

13

(25)

12

29

(50)

28

Betting Premises (excluding tracks)

1500 (1500)

1500

1200 (1200)

1200

405

(1200)

395

1824 (3000)

1780

1200 (1200)

1200

13

(25)

12

29

(50)

28

Tracks

1250 (1250)

1250

950

 (950)

950

405

 (950)

395

1994 (2500)

1945

950

 (950)

950

13

(25)

12

29

(50)

28

Family Entertainment Centres

1000

(1000)

1000

950

 (950)

950

 

410

 (950)

400

1819

(2000)

1775

 

950

 (950)

950

13

(25)

12

29

(50)

28

Adult Gaming Centre

 

1000

(1000)

1000

1200

(1200)

1200

410

 (950)

400

1819

(2000)

1775

 

1200

(1200)

1200

13

(25)

12

29

(50)

28

Temporary Use Notice

n/a

n/a

n/a

n/a

n/a

13

(25)

12

29

(50)

28

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 2.5% inflation increase.

 

2.11

 

 

Current Fee

 

Proposed Fee

Maidstone Borough Council

 

 

Site licence – grant

 

£460

£472

Site licence – renewal

 

£390

£400

Collector’s licence – grant or renewal

 

£280

£287

Minor administrative change to licence

 

£30

£31

Variation - change of site manager

 

£165

£169

Variation from collector to site licence

 

£200

£205

Variation from site to collector licence

 

£130

£133

 

 

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

 

£4,280

£4,387

Renewal Licence Application

 

£4,280

£4,387

Transfer of Licence

 

£2,090

£2,142

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)

£126

£129

Row Boats

(New & Renewal)

£25

£26

Boatmen

(New & Renewal)

£15

£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

£30

£31

Up to 30 trading days

(New & Renewal)

£65

£67

Up to 90 trading Days

(New & Renewal)

£180

£185

Full year consent

 

£385

£395

 

 

3            AVAILABLE OPTIONS

 

3.1    Members may decide to leave the fee levels as they are and not increase the fees 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 fees as set at 2.7, 2.9, 2.11, 2.13, 2.15 and 2.17

 

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    To approve the fees set out at 2.7, 2.9, 2.11, 2.13, 2.15 and 2.17 to
         ensure that the fee income reflects the cost of providing the service.

 

 

 

 

5.    NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION

 

5.1    The fees will be charged from 1st April 2019. With respect Hackney and Private hire fees they will be advertised in accordance with 2.6 of this report

 

6.    CROSS-CUTTING ISSUES AND IMPLICATIONS

 

 

Issue

Implications

Sign-off

(name of officer and date)

Impact on Corporate Priorities

No implications have been identified

[Head of Service or Manager]

Risk Management

No implications have been identified

[Head of Service or Manager]

Finance and other resources

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

[Head of Service]

Legal

Legal implications are set out in the body of the report.

Jayne Bolas, Solicitor

Team Leader (Contentious)

 

Equality Impact Needs Assessment

No implications have been identified

[Policy & Information Manager]

Environmental/Sustainable Development

No implications have been identified

[Head of Service or Manager]

Community Safety

No implications have been identified

[Head of Service or Manager]

Human Rights Act

No implications have been identified

[Head of Service or Manager]

Procurement

No implications have been identified

[Head of Service & Section 151 Officer]

 

 

7.  REPORT APPENDICES

 

     N/A

 

 

8.  BACKGROUND PAPERS

 

      N/A

 

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