mancityfan wrote:
They cannot increase fees because of inflation.
Fees charged must be reasonable and no more than sufficient in the aggregate, in respect of S70, to cover the Council’s costs in whole or in part.
It has been established in a number of cases before the courts that a Council may not derive a profit or surplus from such licensing activity.
While the question of what is ‘reasonable’ can only be resolved by challenge, it seems clear that ‘costs’ charged to accounts to be recovered by licence fee income must be commensurate with the actual and necessary expenditure of human and material resources.
It follows that the Council must be able to demonstrate that those costs charged directly or by apportionment can be identified as being relevant and proportionate
I would be interested to have details of any ‘best value’ comparison the council has carried out in respect of its licensing functions and how it compares with the authorities it may have used as a ‘benchmark’
By virtue of the Local Government Act 1999 the authority is required to carry out such comparison.
On consultation I think any council would be ill advised not to consult with the trade under the Wednesbury principles.
Associated Picture Houses v Wednesbury Corporation (1948) 1KB 223
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