Please Contact: Linda Yarham
Please email: Linda.yarham@north-norfolk.gov.uk
Please Direct Dial on: 01263 516019
9 July 2015
A meeting of the Licensing and Appeals Committee of North Norfolk District Council will be held
in the Council Chamber, Council Offices, Holt Road, Cromer on Monday 20 July 2015 at
10.00 a.m.
At the discretion of the Chairman, a short break will be taken after the meeting has been running
for approximately one and a half hours.
Members of the public who wish to ask a question or speak on an agenda item are requested to
arrive at least 15 minutes before the start of the meeting. It will not always be possible to
accommodate requests after that time. This is to allow time for the Committee Chair to rearrange
the order of items on the agenda for the convenience of members of the public. Further information
on the procedure for public speaking can be obtained from Democratic Services, Tel: 01263
516010, Email: democraticservices@north-norfolk.gov.uk
Anyone attending this meeting may take photographs, film or audio-record the proceedings and
report on the meeting. Anyone wishing to do so must inform the Chairman. If you are a member
of the public and you wish to speak on an item on the agenda, please be aware that you may be
filmed or photographed.
Sheila Oxtoby
Chief Executive
To: Mrs A Claussen-Reynolds, Mr N Coppack, Mrs H Cox, Mrs P Grove-Jones, Mr B Hannah,
Mr P High, Mr J Lee, Mr P Moore, Mr R Price, Mr R Reynolds, Mr P Rice, Mr S Shaw, Mr R
Shepherd, Mr B Smith, Mrs V Uprichard
All other Members of the Council for information.
Members of the Management Team, appropriate Officers, Press and Public.
If you have any special requirements in order to attend this meeting,
please let us know in advance
If you would like any document in large print, audio, Braille, alternative format
or in a different language please contact us
Chief Executive: Sheila Oxtoby
Corporate Directors: Nick Baker & Steve Blatch
Tel 01263 513811 Fax 01263 515042 Minicom 01263 516005
Email districtcouncil@north-norfolk.gov.uk Web site northnorfolk.org
AGENDA
1.
TO RECEIVE APOLOGIES FOR ABSENCE
2.
PUBLIC QUESTIONS
3.
MINUTES
(attached – page 4)
To approve as a correct record, the minutes of the meeting of the Licensing and Appeals
Committee held on 22 June 2015 and also the minutes of a meeting of the Licensing SubCommittee held on 29 June 2015.
4.
ITEMS OF URGENT BUSINESS
To determine any other items of business which the Chairman decides should be
considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local Government
Act 1972.
5.
DECLARATIONS OF INTEREST
Members are asked at this stage to declare any interests that they may have in any of the
following items on the agenda. The Code of Conduct for Members requires that
declarations include the nature of the interest and whether it is a disclosable pecuniary
interest.
6.
MOBILE PARK HOMES FEES POLICY
(page 11)
(Appendix – p.14)
Summary:
To implement the Mobile Homes Act 2013 and
the Park Homes Fee Policy. The Park Homes
Fees Policy allows fees to be charged for
residential Park Homes within the District
Conclusions:
Adoption of the Park Homes Fees Policy.
Recommendations:
That the proposed Park Homes Fees Policy, as
contained in the Appendix attached to this report,
be adopted with immediate effect.
That the Head of Environmental Health be
authorised to make any minor amendments to the
Policy, including increasing fees to enable costs
incurred to be recovered.
Cabinet member(s):
Ward member(s)
Contact Officer
Telephone
Email
7.
Councillor J Oliver
All
Gemma Faircloth
01263 516139
gemma.faircloth@north-norfolk.gov.uk
UPDATE ON GENERAL LICENSING ISSUES
To give an oral update on licensing issues.
8.
UPDATE ON TASK & FINISH GROUPS
To give an oral update on task and finish groups.
8.
EXCLUSION OF PRESS AND PUBLIC
To pass the following resolution, if necessary:
“That under Section 100A(4) of the Local Government Act 1972 the press and public be
excluded from the meeting for the following items of business on the grounds that they
involve the likely disclosure of exempt information as defined in paragraph _ of Part I of
Schedule 12A (as amended) to the Act.”
9.
TO CONSIDER ANY EXEMPT MATTERS ARISING FROM CONSIDERATION OF THE
PUBLIC BUSINESS OF THE AGENDA
Agenda item ___3____
LICENSING AND APPEALS COMMITTEE
Minutes of a meeting of the Licensing and Appeals Committee held at 10.00 am on 22
June 2015 in the Council Chamber, Council Offices, Holt Road, Cromer.
Members Present:
Mrs A Claussen-Reynolds
Mr N Coppack
Mrs P Grove-Jones
Mr P Moore
Mr R Price (Chairman)
Mr R Reynolds
Mr S Shaw
Mr B Smith
Mrs V Uprichard
Mrs J Oliver, Cabinet Member for Licensing
Officers in attendance:
Public Protection Manager and Committee Officer (Regulatory)
1
APOLOGIES FOR ABSENCE
Mr P High sent apologies.
2
PUBLIC QUESTIONS
None received.
3
MINUTES
The minutes of the meeting of the Licensing and Appeals Committee held on 2
March 2015 and also the minutes of meetings of the Licensing Sub-Committee held
on 24 February 2015 were approved as correct records and signed by the Chairman.
The Public Protection Manager updated the Committee on issues relating to caravan
site licensing issues. Project work was ongoing. An information gathering exercise
was underway. Responses would be input on the Environmental Health database
which would enable the service to be more proactive in dealing with sites in the
future.
In response to an issues raised by Members, the Public Protection Manager stated
that a report relating to caravan site fees would be considered by the Committee in
the near future.
The Council was unable to licence its own sites but steps were being taken to ensure
compliance with the standards set for licensed sites. The Public Protection Manager
stated that she would speak to Property Services with regard to a report on the
assessment of the Council’s sites.
4
ITEMS OF URGENT BUSINESS
None.
4
5
DECLARATIONS OF INTEREST
None.
6
UPDATE ON GENERAL LICENSING ISSUES
The Public Protection Manager updated the Committee on the following issues:
Gambling and Licensing
The Gambling and Licensing Policies were being reviewed. A County Working
Group had been set up to ensure a consistent approach across the County, and
initial meetings were due to take place in the next two to three weeks. Consultation
would then be undertaken over a six-week period. A report would be presented to
the Committee in due course.
Hackney Carriage and Private Hire Handbook & Testing Stations
The Handbook was under review. A meeting would be set up with the task and finish
group prior to consultation with the taxi trade.
Tenders had been sought for testing stations and three had now been appointed to
allow more choice and flexibility for vehicle owners. However, the Wells and
Fakenham area still had no testing station. Testing fees would now be payable
directly to the testing station rather than as part of the licensing fee, and minor faults
could be rectified by the testing station (in line with MOT testing standards) without
the need to return the vehicle for a retest.
Skin Piercing
An up to date list of premises and practitioners was being compiled. The Public
Protection Manager answered Members’ questions:



Approximately 50% of those contacted had responded to date. Those who had
not were being sent reminders but may possibly no longer be in business or
practising.
Health and Safety legislation only required checks of high-risk premises. Many of
these establishments were not considered to be high risk. Licensing legislation
was being used more frequently to ensure that standards were maintained.
Officers had lists of premises which they could check when they were in the area.
Some new operators had been discovered.
The Public Protection Manager was asked to provide an update at the next meeting.
Animal Boarding and Breeding
Chartered Institute of Environmental Health Model conditions had been issued some
time ago. NNDC conditions were similar but not up to date and the model conditions
would be adopted in the future.
Councillor P W Moore raised an issue relating to a kennel business in North
Walsham which had given rise to noise complaints. The Public Protection Manager
updated the Committee on matters relating to the premises.
5
Caravan sites
This matter had been dealt with earlier in the meeting.
In response to an issue raised by Councillor R Reynolds regarding safety issues, the
Public Protection Manager explained that some requirements were covered by
Licensing legislation and others by Health and Safety. Model standards for gas and
electrical safety would be incorporated into caravan site licensing where they were
relevant to the licensing regime.
7
UPDATE ON TASK AND FINISH GROUPS
Councillor R Reynolds expressed concern that little progress appeared to have been
made in respect of the important issues which were to be tackled by the Task and
Finish Groups.
The Chairman reported that discussions had been held with the Portfolio Holder,
Councillor Mrs J Oliver, with regard to securing sufficient funding to take the Task
and Finish Groups forward.
Charitable Collections (Councillors Mrs P Grove-Jones, R Reynolds and B Smith)
The Public Protection Manager stated that it had not been possible to progress this
matter to date and a meeting would be set up as soon as possible. This would be
dealt with by the Licensing Enforcement Officer.
Councillor R Reynolds expressed concern regarding people who went door to door
persuading people to sign standing orders which were difficult to rescind. He was
concerned that the District had a large elderly population and many people could be
vulnerable to such persuasion.
The Public Protection Manager stated that the Licensing legislation did not cover
standing orders as nothing was being taken. She would ask the Licensing
Enforcement Officer to see if there was anything the Council could do. Complaints
were a Police matter.
The Chairman suggested that Council mailings and the website could be used to
warn and advise people on this matter.
Alternative Trading (Councillors Mrs H Cox, Councillor P W Moore and one vacancy
(formerly Mrs A Green))
One meeting had taken place. The Public Protection Manager stated that she was
tasked to draft a policy and would set up another meeting to move matters forward.
She had had to prioritise her workload and resources were needed to enable the
work to be completed.
Councillor Mrs V Uprichard volunteered to fill the vacancy on this group.
At the request of Members, the Public Protection Manager updated the Committee
on staffing matters. The last year had been difficult as there had been a number of
vacancies and restructuring issues which resulted in a backlog of work. The backlog
had now been cleared but the workload was heavy. There was a need to be
proactive and any increase in funding and resources would be welcome.
6
Members raised concerns in respect of resource issues.
Councillor Mrs A Claussen-Reynolds stated that the Portfolio Holder would take the
concerns on board.
The meeting closed at 10.45 am.
___________________
Chairman
7
LICENSING AND APPEALS SUB-COMMITTEE
Minutes of a meeting of the Licensing Sub-Committee held on 29 June 2015 in
the Council Chamber, Council Offices, Holt Road, Cromer at 10.30 am.
Sub-Committee
Mr H Cox (Chairman)
Mrs P Grove-Jones
Mr S Shaw
Officers in Attendance:
The Legal Advisor, the Public Protection Manager and
the Democratic Services Officer.
1
APOLOGIES
None received.
2
ITEMS OF URGENT BUSINESS
None received.
3
DECLARATIONS OF INTEREST
None.
4
EXCLUSION OF PRESS AND PUBLIC
RESOLVED
That under Section 100A(4) of the Local Government Act 1972 the press and
public be excluded from the meeting for the following items of business on the
grounds that they involve the likely disclosure of exempt information as
defined in paragraph 1 of Part I of Schedule 12A (as amended) to the Act.
5
APPLICATION FOR A LICENCE TO DRIVE HACKNEY CARRIAGE OR
PRIVATE HIRE VEHICLES IN NORTH NORFOLK (WK/150009875)
The Chairman introduced the application to Members.
The Public Protection Manager asked the Legal Advisor to provide an
overview of the process.
The Legal Advisor said that the Public Protection Manager would introduce
the report for the application and then questions could be asked. This would
be followed by a statement in support of the application from the applicant’s
representative and then questions could be asked. He said that there would
be a summing up and then the final statement would be made on behalf of
the applicant. The Legal Advisor said that Members would then retire to make
their decision and then announce this with their reasons.
The Public Protection Manager said that the report was regarding a taxi
drivers licence and that the criminal records check had warranted further
consideration. She said that these checks were always made and that the
enhanced DBS held details for Members to consider and that there was a
summary in appendix B of the report. The Public Protection Manager said that
references had been requested and there were available with the report. She
Licensing Sub-Committee
1
8
29 June 2015
said that the applicant had previously held a licence and that this was heard
by the Licensing Sub-Committee due to the additional DBS information. The
licence had expired in December 2014 and therefore had to be heard as a
new matter in accordance with the scheme of delegation. The Public
Protection Manager advised that Members could grant the licence, grant the
licence with conditions, or reject the application.
The Legal Advisor clarified that the applicant had held a licence for one year
from December 2013 to December 2014 and that he had appeared before the
Licensing Sub-Committee about his previous convictions and asked whether
the convictions were the same as before.
The Public Protection Manager confirmed that they were.
The Legal Advisor asked if when the licence was previously granted, whether
any conditions had been attached.
The Public Protection Manager said that there had not been any conditions.
The Chairman said that the second reference for the applicant explained why
he had not applied since the expiration of the licence as he had a different
job. She commented that the information provided was very helpful.
The Chairman said that there were no objections and asked the
representative of the applicant to speak on the applicant’s behalf.
The applicant’s representative said that the applicant had previously attended
the committee as the conviction was within the five year period of the DBS
check and that he had held a licence for longer than one year in total. He said
that the references were glowing and that he was liked by customers and
colleagues. He said that the applicant wanted to do school contracts and that
Norfolk County Council had issued a badge on 31st May 2015 that enabled
the applicant to transport vulnerable people and children.
The Chairman commented that this was to the applicant’s credit.
The applicant’s representative said that the incident behind the DBS was
drink related and that the applicant no longer drank and was better for it.
Mrs P Grove-Jones asked about the gap from December 2014 to the present
and asked what had happened.
The applicant’s representative said that the applicant had secured a job at a
hotel but that he hadn’t enjoyed the role and wanted to return to driving.
The Legal Advisor asked the Public Protection Manager if she could confirm
that the badge issued from Norfolk County Council allowed the applicant to
drive vulnerable people and children and she confirmed that it did.
The Legal Advisor said that the applicant had previously applied for a one
year licence and asked for clarification as to the length of licence for this
application.
The applicant’s representative said that in the past all licences were for one
year and then from 2012, three year licences were made available and that
the application was for a three year licence.
Licensing Sub-Committee
2
9
29 June 2015
The Legal Advisor asked whether the Council objected to this and they
advised that they did not.
The Chairman said that it was sensible to consider a three year licence.
The Public Protection Manager said that it was previously cheaper to apply
for a one year licence but now a similar cost applied.
The Legal Advisor said that he wanted to establish that the council could
grant one year and that the application was for three years and that the
council did not object to this.
The applicant’s representative said that if the three year licence had been
available previously, the applicant would have applied for this rather than the
one year licence.
The Chairman asked if there were any other questions and if the applicant’s
representative wanted to say anything further. There was nothing else to add.
The Committee retired to deliberate the case at 10.52 and returned at
11.05am.
The Chairman said that following discussions, the Committee was mindful to
grant the licence. She said that they were satisfied that the applicant was a fit
and proper person and they acknowledged that a person goes through
changes. The Chairman said that the applicant was subject to the same
licensing conditions as any other person. She wished the applicant luck.
6
READMITTANCE OF PRESS AND PUBLIC
The press and public were readmitted to the meeting.
7
APPLICATION FOR A NEW PREMISES LICENCE - M FUEL, 1-3 PRINCE
OF WALES ROAD, CROMER, NORFOLK, NR27 9HR
This application had been withdrawn by the applicant prior to the meeting.
The meeting closed at 11.08 am.
__________________________
Chairman
Licensing Sub-Committee
3
10
29 June 2015
Agenda Item No_____6_______
MOBILE PARK HOMES FEES POLICY
Summary:
To implement the Mobile Homes Act 2013 and the Park
Homes Fee Policy. The Park Homes Fees Policy allows
fees to be charged for residential Park Homes within the
District
Conclusions:
Adoption of the Park Homes Fees Policy.
Recommendations:
That the proposed Park Homes Fees Policy, as
contained in the Appendix attached to this report, be
adopted with immediate effect.
That the Head of Environmental Health be authorised to
make any minor amendments to the Policy, including
increasing fees to enable costs incurred to be
recovered.
Cabinet member(s):
Ward member(s)
Contact Officer
Telephone
Email
Councillor J Oliver
All
Gemma Faircloth
01263 516139
gemma.faircloth@north-norfolk.gov.uk
1.
Introduction and Background
1.1
The Caravan Sites and Control of Development Act 1960 (CSCDA 1960)
introduced a licensing system to be operated by local authorities to regulate
the establishment and operation of caravan sites. The Mobile Homes Act
2013 (MHA 2013) amended the CSCDA 1960 in order to provide greater
protection to occupiers of residential caravans and mobile homes. These
changes apply to permanent residential sites (known as relevant protected
sites)
1.2
Part of the changes included enabling local authorities to monitor site licence
compliance more effectively. Authorities have now been given the necessary
power to take enforcement action where site owners are not managing their
sites. This will ensure that health and safety of residents is better protected.
1.3
The fee policy must be published must be transparent and reasonable. The
powers within the Act allow for;
11




Fees to be charged for applications for new residential site licences,
transfers of licence, variations to a licence and deposition of site rules.
Fees to be charged for an annual fee, to existing residential site
licence holders
To refuse a licence (or to refuse a transfer of a licence) if necessary
To serve and enforce compliance notices and undertake emergency
works together with the power to recover expenses and costs relating
to works in default.
1.4
North Norfolk District Council has 9 licenced Park Home sites with a total of
46 homes, 6 of these sites are single unit homes and the final 3 have multiple
homes. Additionally there are 2 sites for the sole use of the owner and their
families with a total of 11 homes.
1.5
Sites that do not fall within the definition of protected sites are still subject to
the licensing requirements contained within the Caravan Sites and Control of
Development act 1960, but the provisions relating to payment of fees do not
apply. This exemption includes sites used for holiday use only and those
sites that are only allowed to have units stationed/used at certain times of the
year.
2.
Policy Justification and Conclusions
2.1
The Licensing Sub Committee previously agreed caravan site licence fees on
7 May 2014; however a review of these fees based on other policies from
Local Authorities in Norfolk and Suffolk and a cost analysis determined that
the fees were not set in accordance with the guidance, in that they were not
transparent and reasonable. There was a risk of challenge, and potential
judicial review. It was felt that it was better to develop a complete policy in
accordance with the Mobile Homes Act 2013 and guidance. The fees
applicable in the new policy have reduced from those previously set.
2.2
Charging for services where appropriate supports the Corporate Plan
commitment to run the Council more efficiently and creatively so residents get
even greater value for money. Using the income stream to enhance the
scrutiny of this sector will support the Corporate Plan commitment to strive to
deliver service excellence and additionally to ensure the health and wellbeing
of residents at these sites.
2.3
To enable better regulation of park home sites and in compliance with section
10A (2) of the Caravan Sites and Control of Development Act 1960 as
amended by the Mobile Homes Act 2013 (the Amended Act) which requires a
Local Authority to publish a Fees Policy if exercising their power to charge
fees for the licensing of park home sites.
2.4
To enable the effective scrutiny of this sector in line with the expectations in
the Department of Communities and Local Government (DCLG) publication
“Mobile Homes Act 2013 Guide for Local Authorities on setting site licencing
fees” of Feb 2014.
2.5
The costs of fees proposed in the policy have been calculated using a cost
matrix. Only reasonable costs can be included within the calculation, for
12
example administration and officer time to carry out inspections. Costs for
undertaking enforcement cannot be included in the fees.
2.6
The Policy will be sent to sites affected for notification and to allow sufficient
time to make comments and provide information about the use of their site.
3
Implications and Risks
3.1
Failure to implement licence fees will adversely impact on local taxpayer and
Local Authority resources. This will be mitigated by the implementation of
charging a fee for the licensing functions associated with mobile home sites,
in accordance with the policy.
4.
Financial Implications and Risks
4.1
The Government’s intention is that the cost of administering the Park Homes
licensing regime will be met from fee income. The current number of sites in
North Norfolk is small; any income from fees is likely to be minimal. However,
the policy will ensure that the costs incurred are recovered from site owners.
Where enforcement action becomes necessary due to non-compliance of a
Notice charges will be on a cost recovery basis.
5.
Sustainability
5.1
Not Applicable to this report
6.
Equality and Diversity
6.1
There are no direct equality and diversity implications on persons or groups
with protected characteristics arising from the content of this report.
7.
Section 17 Crime and Disorder considerations
7.1
There are no implications associated with this report.
13
North Norfolk District Council
Mobile Park Homes Fees Policy
Contents
Page
Summary
1
1
Introduction
2
2
3
3
Fees for New Licence, Transfer/Variation and
Annual Fees
2.1 Overview
2.2 Exemptions from paying fees
2.3 Fees for New Licences, Transfer/ Variation
and Annual Fees
2.4 Review of Annual License Fees
2.5 Time when fees are payable
Enforcement Costs
4
Fees for Depositing Site Rules
Appendix 1 – Calculation of Fees
14
4
6
Summary
The Mobile Homes Act 2013 (MHA 2013) was introduced with the aim of providing
increased protection to occupiers of residential caravans and mobile homes. This
legislation amends the Caravan Sites and Control of Development Act 1960 (CSCDA
1960) and introduces important changes to mobile home site licensing. Enacted on 1
April 2014, these changes allow Local Authorities (LA) to charge site owners a fee for
applying for a site licence, for amendments or transfers of existing licences, for annual
fees and for site owners depositing site rules with the LA.
Publication of this Fees Policy is a statutory requirement and will enable Councils to
recover fees associated with the licensing function and enable site owners to recover
these costs should they opt to increase pitch fees at the next pitch fee review date. The
fees associated with applying for a new site licence, for transfers or variations of existing
licences and for annual fees are as follows:
Item
New Park Home
Licence
Licence Transfer
Licence Variation
Units
1–5
6 – 24
25 – 99
100+
1–3
4–5
6 – 24
25 – 99
100+
N/A
N/A
Deposit of Site Rules
N/A
Annual Licence Fee
Fee (£)
210.00
225.00
240.00
270.00
Nil
120
180
240
270
97.50
97.50 (plus inspection
fee if applicable)
45
This policy is applicable to ‘Relevant Protected Sites’ (RSP) only. An RSP can be defined
as any licensable caravan site other than those solely for (a) holiday use or (b) where
conditions exists specifying times during the year where caravans may not be stationed on
the land for human habitation. Sites where there are a mix of RSPs and sites falling within
(a) and (b) above will be deemed as RSPs.
The MHA 2013 enables LAs to introduce a scale of fees according to the size and
character of the RSP. The LA may also determine that no fee is required to be paid in
certain cases. Upon consideration, it is decided that sites containing 5 or fewer pitches
will be exempt from annual inspection fees due to their low risk factor and infrequent
inspection schedule. Collecting such fees in these instances is not deemed to be cost
effective.
15
The LA now has powers under the MHA to serve enforcement notices on site owners for
failing to comply with site conditions. They may also carry out works in default to
secure a remedy for such failures. Any reasonable expenses incurred while doing so
may be recovered by the LA.
The Mobile Homes (Site Rules) (England) 2014 requires site owners to replace existing
site rules with new ones and deposit these with the Local Authority. The LA has a duty to
publish this information in a register of site rules. The costs incurred by the LA in doing
so may be recovered by them. A fee of £45.00 has been set for the depositing of site
rules.
1. Introduction
A licensing scheme was introduced under The Caravan Sites and Control of
Development Act 1960 (CSCDA 1960) to regulate the establishment and operation of
caravan sites. The Act defines what constitutes a caravan and caravan site. It also sets
out cases where a site licence is not required, including;








Local Authority owned sites
Use incidental to a dwelling-house and within the same curtilage
Sites for stationing of a caravan for not more than 2 nights (as long as caravans
had not been present for more than 28 days during the previous year)
Sites where caravans are stationed on land not less than five acres for not more
than 28 days and no more than three caravans are stationed at any one time
Sites where caravans are solely for seasonal agricultural/forestry workers
employed on land owned by the site owner
Sites where caravans are solely for workers employed in building or engineering
operations on that or adjacent land
Sites used by travelling showmen who are members of a relevant organisation
Sites occupied by organisations holding a certificate of exemption
Licences can only be issued to the owners of sites that have obtained valid planning
permission.
The MHA 2013 introduced powers to enable LAs to recover costs associated with its
function to grant, amend or transfer caravan site licenses under the CSCDA 1960. Fees
may also be charged for annual inspections of licensable sites and for the depositing of
site rules with the LA by site owners. Before these fees can be recovered, N o r t h
N o r f o l k D i s t r i c t Council has a legal duty under Section 10A of CSCDA 1960 (as
amended by MHA 2013) to publish a Fees Policy. This document has therefore been
developed to allow for this.
In setting the fees published in this Fees Policy, North Norfolk District Council has given
attention to the document “Mobile Homes Act 2013 – A guide for Local Authorities on
setting site licensing fees” produced by the Department for Communities and Local
Government. The level of fees and how they are charged are, subject to legal restrictions,
at the discretion of North Norfolk District Council.
16
2. Fees for New Licences, Transfer/Variation and Annual Fees
2.1 Overview
The owners of Relevant Protected Sites are required by the CSCDA 1960 to obtain a
licence from the Local Authority. Failure to possess a licence is an offence under this
legislation and is punishable by a fine, upon conviction in a magistrates court, of up to
Level 4 on the Standard Scale (currently £2500).
The MHA 2013 amends the CSDA 1960 and now enables LAs to impose fees in
respect of:




Relevant Protected Site applications (s.3 (2A))
Annual fees in respect of RPSs (s.5A (1))
Alterations to site licence conditions (where
requested by the site owner) (s.8 (1B))
The transfer of a site licence to another party
(s.10 (1A))
When requiring a licence holder to pay an annual fee, the LA must inform them of
matters to which they have had regard to in fixing the fee. The costs associated with
monitoring conditions on sites and dealing with licensing matters informally can be
included within annual fees. However, annual fees should not take into account any
costs incurred in relation to enforcement activities such as serving compliance notices,
emergency action, and works in default as these costs can be recovered by other
means.
2.2. Exemptions from paying fees
Sites that fall outside the definition of a Relevant Protected Site are exempt from
licensing fees. These include sites for holiday use only or where conditions exists
specifying times during the year where caravans may not be stationed on the land for
human habitation. The MHA 2013 also allows LAs to determine that no fee is required to
be paid in “certain cases or descriptions of case” (s.10A(3)).
North Norfolk District Council will make sites that have three or fewer pitches exempt from
annual fees. These sites are generally deemed as being of low risk, often consisting of
single family units and do not contain the hazards associated with larger sites, e.g. fire
separation. Formal annual programmed monitoring would therefore not be deemed
necessary or cost effective. The costs associated with monitoring sites that have less
than three pitches would be met through existing budgets.
Sites for the sole use of the owner and their families (does not include sites that are run
for financial gain) are also exempt from the annual licensing fee.
17
2.3 Fees for New Licence, Transfer/ Variation and Annual Fees
In determining the fee structure contained within this Policy, the Council has referred to the
document “Mobile Homes Act 2013 – A guide for Local Authorities on setting site
licensing fees”. This involved a notional costing exercise based upon the amount of
time taken during the licensing process to include administration, site inspections,
travelling to and from site and any associated consultations or meetings and was
multiplied by relevant officer costs. Costs associated with enforcement or licensing
duties outside the MHA 2013 cannot be taken into consideration.
The subsequent fee structure has been reviewed by officers responsible for licensing
park home sites at North Norfolk District Council and are considered comparable with
nearby Local Authorities. The fee structure was devised to be as simple and clear as
possible to prevent any future ambiguity. When requiring a licence holder to pay an
annual fee the Council will inform them of the matters to which they have had regard to in
fixing the fee.
2.4 Review of Annual Licensing Fees
Section 5A(2) of the CSCDA 1960 provides that a LA in setting annual fees must advise
the site owner of the extent to which they have had regards to deficits and surpluses
from the previous year. In terms of deciding surpluses and deficits a local authority
must not make a profit and can only pass on to the site owner their costs incurred in
carrying out the licensing function. Equally, a local authority is not expected to make a
loss in carrying out its licensing functions. Overall licensing can be a self-financing
function which local taxpayers are not required to subsidise. The Council will therefore
carry out an annual review of licensing fees, taking into account deficits and surpluses
and advise site owners of the outcome of this review.
2.5 Time When Fees are Payable
Section 10A(5) of the MHA 2013 states that the Fees Policy must include provision
about the time at which the annual fee is payable. For the purpose of this policy the
period covered by the annual fee will mirror the financial year (1 April to 31 March) and will
be paid in advance. Invoices will be sent out during the month of April requiring
payment within 30 days. Where a new site is licensed part way through the year then an
invoice with the same payment terms will be sent shortly after the licence is issued, pro
rata for this date to the beginning of the next financial year. Transfer or variation must be
paid at application.
3. Enforcement Costs
The MHA 2013 allows LAs to serve compliance notices on site owners where site
licence conditions are breached. Where a notice is not complied with, an offence is
committed and the LA will enforce the notice which may involve legal proceedings.
Upon successful prosecution, the Council has the power to carry out works in default.
18
The cost of deciding whether to take action, preparing and serving the various
enforcement notices and the actual work itself can be recovered by LAs at the Court’s
discretion. Unpaid expenses can be placed as a charge against the site owner’s
land.
4. Fees for Depositing Site Rules
The Mobile Homes (Site Rules) (England) 2014 requires site owners, after
consultation with residents, to deposit site rules with the local authority by 3
February 2015. These rules constitute a pitch agreement between the site owner and
the mobile home occupier, setting out the residents’ rights and obligations and are not
enforceable by the Local Authority. LAs will need to satisfy themselves that rules
deposited with them have been made in accordance with the statutory procedure. They
will also be required to establish, keep up to date, and publish a register of site rules. In
doing so a LA may levy a fee for the depositing of site rules, or the variation or deletion
of site rules.
It is estimated that the cost to the North Norfolk District Council associated with the
administration and publication of site rules will be £45.00. Therefore a fee of
£45.00 will be charged for the depositing or replacement of site rules.
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Table 1: Park Home Fees - Issue of new licence
Processing
Examine application documentation,
associated
certificates. Check to ensure that
details
are correct and
correct
fee is
Make assessment
of site
layout,
attached. of
provision
amenities/utilities,
examine
Finance receive payment
of fire
fee,risk
process
assessment
payment
and issue receipt
Inspection
Pitches
Verification inspection of the
site
Verification inspection of the
site
Verification
inspection of the
site
Verification inspection of the
site
1-5
6-24
25-99
100+
Issue of New Licence
Prepare licence documents and
certificates
Check and sign certificates / licence as
necessary,
and
serve
by postregister and public
Update
database
register
Time
(minutes)
60
Hourly Rate (£)
30.00
30.00
60
Total (£)
60
30.00
30.00
Total
90.00
Time
(minutes)
60
90
120
180
Hourly rate (£)
Total (£)
Time
(minutes)
120
30
Hourly rate (£)
30.00
30.00
30
Total
30.00
45.00
60.00
90.00
Total (£)
60.00
15.00
15.00
90.00
Combined Total fees for new park home licence applications
Number of Pitches
1-5
6-24
25-99
100+
20
Total Fee (£)
210.00
225.00
240.00
270.50
Number of Band
Z
pitches
Formula
A Admin Time B
Inspection
(minutes)
Time
(minutes)
120
120
4-5
1
=((A1+B1)/60 x C
6-24
2
=((A2+B2)/60 x C 180
25-99
3
=((A3+B3)/60 x C 240
100+
4
=((A4+B4)/60 x C 240
(Formula based upon Local Authority guidance)
180
240
300
Fee (£)
120.00
180.00
240.00
280.00
Table 3: Variations and Amendments
Variations and Amendments
Examine amended application
documents and
associated certificates. Check to ensure
details site
are correct
andany
correct
fee is
Check
history for
outstanding
attached
issues
Make decision as to whether
amendments are
appropriate
Prepare new license documents
Check, sign and post new documents
Update database and public register
Time
(minutes)
60
30
30
Hourly rate
(£)
30.00
30
15
30
Total
Fee (£)
30.00
15.00
15.00
15.00
7.50
15.00
97.50
Table 4: Licence transfer fee
Transfer
Check from is correct including correct
fee.
Check site history and any outstanding
issues.
Examine request documentation and
make
decision.
Prepare new licence documents.
Check, sign and post new documents.
Update database and public register.
Time
(minutes)
30
30
60
Hourly rate
(£)
30.00
30
15
30
Total
21
Total (£)
15.00
15.00
30.00
15.00
7.50
15.00
97.50
Table 5: Verification Inspections
The Council may decide to carry out a verification inspection upon receipt of a
variation, amendment or licence transfer application. The following fees will apply.
Site Inspection Fees
Verification inspection of the
site
Verification inspection of the
site
Verification inspection of the
site
Verification inspection of the
site
Pitches
1-5
6-24
25-99
100+
Time
(minutes)
60
90
120
180
Hourly rate
(£)
Time
(minutes)
30
30
15
15
Hourly rate
(£)
30.00
Total (£)
30.00
45.00
60.00
90.00
Table 6: Deposit of site rules
Deposit of site rules
Examine rules, checking for banned rules
Check site history
Accept rules or suggest amendments
Update database and public register
30.00
Total
22
Total (£)
15.00
15.00
7.50
7.50
45.00