Issue - meetings

To consider the costs associated with the provision of the Hackney Carriage/Private Hire licensing function and to determine the fees to be charged.

The Committee had considered, on previous occasions, a schedule of fees and charges for 2009/2010 which would apply to Hackney Carriage and Private Hire Vehicles.  Following statutory consultation periods, a number of representations had been received which had been considered by the Committee and had resulted in revisions to the schedule. 

Appendix J (attached to the report) provided a summary of the proposed harmonised fees.  For the avoidance of doubt, Mrs Khan advised that the Appendix constituted a ‘new’ proposal and as such, the fees would be subject to a further consultation exercise.  Due to the need for a notice to be placed in local newspapers for a twenty eight day consultation period, the date of implementation (subject to any consultation responses received) would be 6 July 2009 rather than 19 June as set out in the report.          

Further to Minute No. 51, Mr Fidler was invited to address the Committee.   He began by stating that, in the views of the traders, the methodology applied to the calculation of fees was flawed and would result in inequalities across the three areas of Congleton, Crewe and Nantwich and Macclesfield.  He drew particular attention to the fact that the fees currently included the cost of MOT testing for Macclesfield drivers; a cost which was borne separately by those operating in Crewe and Nantwich and Congleton. 

Mr Fidler also sought clarification on whether there would be an opportunity to make representations on the revised fees and charges or whether the decision of the Committee today would constitute a binding agreement.  In response, Members were advised that whilst it would be lawful (under the provisions of Section 70 of the Local Government (Miscellaneous Provisions) Act 1976) for the Committee to make a decision at the meeting, it was equally lawful, if the Committee decided to resolve (i) not to implement the original proposals on fees; and (ii) to carry out a consultation exercise on the new proposals.   

Section 53 of the Local Government (Miscellaneous Provisions) Act 1976 provided that the authority may set fees in relation to drivers’ licences which it ‘considered reasonable with a view to recovering the costs of issue and administration of such licences’.  Mr Potts and Mr Rennie commented on the method of calculation, stating that until the administrative support structure had been finalised and costed, the outturn figure for 2008/2009 had been applied.  It was anticipated that costs savings would be achieved by the end of the financial year when the data became available. 

Having heard the representations and the response of the officers the Committee

RESOLVED: That

a)         The scales of fees and charges published in February 2009 not be implemented; and    

b)         the proposed fees to be charged by Cheshire East Council in relation to the licensing of Hackney Carriage Vehicles and drivers and Private Hire Vehicles, Drivers and operators set out in Appendix J of the report be subject to consultation, and if no representations are received, be implemented with effect from 6^{th  ...  view the full minutes text for item 55}