mancityfan wrote:
A Council is a District authority and exercises powers under the Town Police Clauses Act 1847 and the Local Government( Miscellaneous Provisions) Act 1976 in connection with the grant and supervision of licences for Hackney Carriages, Private Hire Vehicles and Operators of PHV’s as well as the drivers of such vehicles.
The Council is empowered to levy fees for the carrying out of those functions, by virtue of S53(2) and S70(1) of the 1976 Act.
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
all very good.
if its the case licensing departments are self financing then surely local budget cuts shouldnt affect them at all.........and if that is true....how come a good number of them are laying off staff and looking to reduce costs.?
CC