Agenda and minutes

To receive any apologies for absence from Councillors.

Apologies were received from Cllr J Bagwell, Cllr N Decent and Cllr G Farquhar

To receive information on any changes in the membership of the Committee.

Note – When a member of a Committee is unable to attend a meeting of a Committee or Sub-Committee, the relevant Political Group Leader (or their nominated representative) may, by notice to the Monitoring Officer (or their nominated representative) prior to the meeting, appoint a substitute member from within the same Political Group. The contact details on the front of this agenda should be used for notifications.

There were no substitute members for this meeting.

Councillors are requested to declare any interests on items included in this agenda. Please refer to the workflow on the preceding page for guidance.

Declarations received will be reported at the meeting.

There were no declarations of interest for this meeting.

To receive any public questions, statements or petitions submitted in accordance with the Constitution, which is available to view at the following link:

https://democracy.bcpcouncil.gov.uk/ieListMeetings.aspx?CommitteeID=151&Info=1&bcr=1

The deadline for the submission of a public question is 4 clear working days before the meeting.

The deadline for the submission of a public statement is midday the working day before the meeting.

The deadline for the submission of a petition is 10 working days before the meeting.

There were no public issues for this meeting.

The purpose of this report is for the Licensing Committee to consider a cost of living increase in of the non-statutory set fees charged for licences/registrations which are administered by the Licensing Committee.

The fees under review are as follows:

The Gambling Act 2005 sets statutory fees for certain activities. In

addition the Gambling (Premises Licence Fees) (England and

Wales) Regulations 2007 and the Gambling (Temporary Use Notices) Regulations 2007 allows local authorities to set fees up to a statutory maximum for certain types of premises such as casinos,

bingo halls and betting shops.

Scrap Metal Dealers Act 2013 sets the framework for issuing licences for scrap metal collectors and sites. The legislation allows local authorities to set fees to cover the costs of administering the licences and includes any necessary compliance checks.

The Public Health Acts Amendment Act 1907 (Section 94) and the Local Government (Miscellaneous Provisions) Act 1976 (Section 18) governs the licensing of pleasure boats which are hired and

self-driven or provide passage for up to 12 passengers.

Local Government (Miscellaneous Provisions) Act 1982 (Schedule 3) and the Policing & Crime Act 2009 (Section 27) legislate the licensing of sexual entertainment and sex establishments.  Schedule 3, para 19 states that an application for the grant, variation, renewal or transfer of a licence under this Schedule shall pay a reasonable fee determined by the appropriate authority.

The Licensing Act 2003 sets the national fees all Local Authorities can charge for the administration of all licenses under the Act which includes the annual fees. The fees were set when the legislation was created in 2005 and there has been no review of these fees since then.

The Interim Head of Safer Communities presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'A' to these Minutes in the Minute Book.

The purpose of the report was for the Licensing Committee to consider a cost of living increase in the non-statutory set fees charged for licences/registrations administered by the Licensing Committee. Options available to Members were to agree or amend as they deemed fit the proposed fees set out in the appendices to the report or maintain the current fee structure.

The Interim Head of Safer Communities responded to questions and comments from committee members on the reasons for the proposed increase in fees and the levels at which some fees had been set. Key points raised and clarified included:

·       The proposed fees were calculated on a cost recovery basis, taking into account all factors involved in providing each element of the service.

·       It was noted that staff salaries and the cost of supplies had increased and could increase further.

·       It was noted that there was a statutory set maximum which could be charged for some fees.

·       The proposed fees would ensure overall costs were recovered. This may not be the case if considering each fee in isolation, however it was not the intention to calculate fees on the basis of some fees subsidising others.

·       The Council had no control over Licensing Act 2003 fees as these were set by Central Government and had not been reviewed since 2005. It was noted that the Local Government Association were among those lobbying for change. The level of the existing fees was somewhat mitigated by the high number of licensing act applications and efficiencies in process.

A Committee Member felt some fees were excessive in terms of the percentage increases proposed and was concerned for the impact on small businesses. A move to amend the proposed fees to be accepted but with a limit of a 15% increase in any individual fee was seconded but was unsuccessful when put to a vote, with 2 votes in favour and 9 against.

The majority of Committee Members did not consider a fixed percentage increase across the board would give a true reflection of how each individual fee was calculated. It was noted that this was a complex process which required significant input from the Council’s Finance Officer. The fees as proposed would ensure that overall cost recovery was achieved.

RESOLVED that the proposed fees as stated in the appendices to the report be agreed.

Voting: For – 10, Against – 1, Abstain – 0

The purpose of this report is for the Committee to consider an increase to the fees charged by BCP Council for the administration of the Hackney Carriage and Private Hire licensing regime.

The Local Government (Miscellaneous Provisions) Act 1976, Section 53 allows local authorities to set the fees charged to recover the costs associated with the administration and compliance of licensing drivers of Hackney Carriage and Private Hire vehicles.

Section 70, of the Act, requires that the fees are charged to recover the costs for administration of licences for vehicles and operators. Any change to these fees is subject to a 28-day minimum consultation period.

The Interim Head of Safer Communities presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix ‘B’ to these minutes.

The purpose of the report was for the Committee to consider an increase to the fees charged by BCP Council to enable the Council to recover the costs for the administration of the Hackney Carriage and Private Hire licensing regime. The review was required due to increases in the Council’s operating costs as a result of inflationary increases. Options available to Members were to agree or amend as they deemed fit the proposed fees set out in the appendix to the report or maintain the current fee structure.

The Interim Head of Safer Communities responded to questions and comments from committee members on the reasons for the proposed increase in fees and the levels at which some fees had been set. Key points raised and clarified included:

·       It was noted that the Hackney Carriage Trade had received two fare increases this financial year and that the cost of fuel had now decreased.

·       The finance officer had reviewed the proposed fees and confirmed that they were set appropriately.

·       A fixed percentage increase across the board would not be appropriate. Not all fees were renewed at the same time. Vehicle fees were renewed annually, whereas those for drivers were every three years and for operators every five years. There were also more costs involved in licensing the hackney carriage regime than private hire.

·       There was a recognised national shortage of drivers, reasons for this included the impact of Brexit and Covid, the retirement of older drivers and the need for more onerous checks required by statutory guidance.

·       That said, it was noted that the Council was still receiving driver applications and forthcoming knowledge tests were fully booked.

A Committee Member questioned the rationale for the proposed fees which he felt were excessive in terms of percentage increase and would have a detrimental impact. Other Committee Members felt that the proposed increases were reasonable and referred to the current base figures involved, the recent fare increases for the Trade and the need to cover the overall costs of providing the service. It was noted that the some of the fee calculations also took into account supplier costs which had risen dramatically.

RESOLVED that the proposed fees as stated in the appendix to the report be agreed.

Voting: For – 9, Against – 1, Abstain – 0

The Committee was advised that the proposed fees for Hackney Carriage and Private Hire licensing would now be subject to a statutory consultation with a process in place to consider any objections if received as set out in paragraphs 9 – 12 of the report.