cost of committee hearings

grandad · **Joined:** Tue Apr 03, 2007 11:27 pm **Posts:** 20130

Who should pay for the cost of a committee hearing int the grant of a new drivers badge?
Should this be a cost that the applicant should pay?
Should this be a cost that the Council should pay?
Should this be a cost that is averaged out over all drivers badges?
Our council have suggested that the total officer and legal adviser time for such a hearing is around 20 hours. now if time is charged at say £100 per hour then the cost of the hearing is £2,000. we have around 76 drivers licenses issued so that means that £26.00 is added to the drivers badge fee for every hearing.

captain cab · **Posted:** Fri Sep 18, 2015 9:14 am

grandad wrote:

Who should pay for the cost of a committee hearing int the grant of a new drivers badge?
Should this be a cost that the applicant should pay?
Should this be a cost that the Council should pay?
Should this be a cost that is averaged out over all drivers badges?
Our council have suggested that the total officer and legal adviser time for such a hearing is around 20 hours. now if time is charged at say £100 per hour then the cost of the hearing is £2,000. we have around 76 drivers licenses issued so that means that £26.00 is added to the drivers badge fee for every hearing.

There's case law on this i'm sure.

MR T · **Joined:** Thu Sep 07, 2006 8:26 pm **Posts:** 8529

captain cab wrote:

grandad wrote:

Who should pay for the cost of a committee hearing int the grant of a new drivers badge?
Should this be a cost that the applicant should pay?
Should this be a cost that the Council should pay?
Should this be a cost that is averaged out over all drivers badges?
Our council have suggested that the total officer and legal adviser time for such a hearing is around 20 hours. now if time is charged at say £100 per hour then the cost of the hearing is £2,000. we have around 76 drivers licenses issued so that means that £26.00 is added to the drivers badge fee for every hearing.

There's case law on this i'm sure.

You would think it would be a one time cost to the new driver.......but is there any need for the hearing ??

grandad · **Joined:** Tue Apr 03, 2007 11:27 pm **Posts:** 20130

MR T wrote:

captain cab wrote:

grandad wrote:

Who should pay for the cost of a committee hearing int the grant of a new drivers badge?
Should this be a cost that the applicant should pay?
Should this be a cost that the Council should pay?
Should this be a cost that is averaged out over all drivers badges?
Our council have suggested that the total officer and legal adviser time for such a hearing is around 20 hours. now if time is charged at say £100 per hour then the cost of the hearing is £2,000. we have around 76 drivers licenses issued so that means that £26.00 is added to the drivers badge fee for every hearing.

There's case law on this i'm sure.

You would think it would be a one time cost to the new driver.......but is there any need for the hearing ??

In some cases where for instance an applicant has some convictions on their DBS that the officers are not sure about, they refer this to committee for determination.
Also you can have it with a vehicle that does not fit the policy, They will send this to committee for determination. We had such an instance a few years ago when we bought a Renault Master with a wheelchair lift at the back and a high roof. The vehicle was older than the policy allowed so the determination was sent to committee with a recommendation to refuse. We successfully argued the case and the vehicle was plated.

grandad · **Joined:** Tue Apr 03, 2007 11:27 pm **Posts:** 20130

captain cab wrote:

grandad wrote:

Who should pay for the cost of a committee hearing int the grant of a new drivers badge?
Should this be a cost that the applicant should pay?
Should this be a cost that the Council should pay?
Should this be a cost that is averaged out over all drivers badges?
Our council have suggested that the total officer and legal adviser time for such a hearing is around 20 hours. now if time is charged at say £100 per hour then the cost of the hearing is £2,000. we have around 76 drivers licenses issued so that means that £26.00 is added to the drivers badge fee for every hearing.

There's case law on this i'm sure.

Any idea where?

captain cab · **Posted:** Fri Sep 18, 2015 9:51 am

grandad wrote:

Any idea where?

I think its one of the Kelly cases from Liverpool regarding testing.

I also think the recent case in London regarding fees may cover it.

Liverpool C.C. v Kelly

LG[MP] 1976, S70

Lawtel 20/02/03

AC104566

Case A2/2002/1686

(Court of Appeal)

CHARGES-TESTING VEHICLES FOR FITNESS TO LICENCE

A Council could charge for testing vehicles prior to licensing even if the vehicles failed and were not licensed.

Fees could be resolved as 1st Inspection + "Pass" inspection + final licence fee to produce a total fee.

captain cab · **Posted:** Fri Sep 18, 2015 9:52 am

viewtopic.php?f=13&t=27186

Sussex · **Posted:** Fri Sep 18, 2015 10:08 pm

grandad wrote:

Who should pay for the cost of a committee hearing int the grant of a new drivers badge?

The council.

They are having the hearing on behalf of the tax payers in their licensing district.

I'm not convinced their is a legal protocol to make those before the committee pay.

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cost of committee hearings

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