Whats emissions got to do with licence fees.
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
Although a council has a statutory power to levy a fee this does not give it an absolutely free hand in relation to the scale of the fee that is levied.the impact of any increase upon the livelihood of those affected has to be taken into account,as does the scale of the increase.CONSULTATION must take place with interested parties,whether this is a statutory requirement or not, and results of that consultation must be considered by the council before the decision is made.it is important that any consultation is done fairly and the results considered properly by the council.ANY suggestion that the cosultation is a sham would be grounds for an application for leave to seek a judicial review of the final decision.
the judge in kelly v liverpool said although s53 contains no requirement for consultation, a local authority would be ill-advised not to embark upon some element of consultation with those persons who would be affected by an increase in fees (eg the drivers of BOTH hackney carriages and private hire vehicles).
Remember you only have28 days to object from the date on which the notice is first published.
I would also put in an enquiry under the Freedom of Information Act 2000.asking for a copy of any report submitted by Licensing officers to the Head of Function or any Council body to request authority to implement the most recently revised scale of fees.Also ask them to provide a copy of the financial estimates for the operation of the Taxi Licensing function.Also ask them to provide details of the number of vehicle licences, driver licences and operator licences the Council envisages issuing in the current year.Also ask them to provide a copy of the Subjective Cost Centre(s) Budget(s) for taxi licensing activity showing the estimated costs and income for that year against each relevant nominal ledger code. Also ask them to supply a copy of the year to date outturn to the last available accounting period and any forecast outturn for the current financial year. that should keep them busy, always remember they are not allowed to make a profit so you have a right to see where your cash is going
I would also 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
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