mancityfan wrote:
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).
But you already new that?
I thought I knew it. Our council recently advertised new fees in the paper. This was the first that any of us knew about the increases. In fact a few weeks earlier I asked our licensing officer if there were any increases in the pipeline and I was told that there were no plans for any increase.
So should I object now before the deadline for objections or should I wait for the council to implement the changes and then say something about the lack of consultation?