Licensing and Appeals Committee
Author’s Title
20 June 2011
Licensing Manager
Are there background papers?
Yes
No
Exempt
Yes
No
Key Decision?
Yes
No
If Key Decision is it on the Forward Plan?
Yes
No
Decision for Full Council?
Yes
No
Reason for Exemption?
Ward(s) affected?
All
Responsible Cabinet Member
Councillor Trevor Ivory
Chairman of Licensing Committee
Councillor Richard Price
Contact Officer
Chris Cawley
E-mail address
Chris.cawley@north-norfolk.gov.uk
Telephone number
01263 516252
Are there Non Electronic Appendices?
Yes
No
List of Background Papers
File Location:
1.1.
PLEASE REFER TO SECTION 7 OF THE GUIDANCE NOTES FOR
TEMPLATES
Implications / Risks:
Have you identified & explained within the report the
implications of the options available to members?
Yes
None
Yes
None
(Implications should include financial, legal and links
to the Council’s existing policies and strategies)
Have you highlighted the Risks to the Council?
1.2.
Financial Implications and Risks to the Council
should have their own separate headings. It is
not acceptable to simply state that financial
implications or risks have been alluded to in
the main body of the report.
Licensing and Appeals Committee
20 June 2011
This report has been subject to the following processes:
Consultations with:
Cabinet Member
Yes
Chairman Licensing Committee
Yes
Local Member
Yes
Not applicable
S151 Officer
Yes
Not applicable
Monitoring Officer/legal services
Yes
Communications Manager
Yes
Not applicable
Other Head(s) of Service:
Others:
Financial Services Manager
Please confirm this report has been signed off by:
Management Team
Yes
Not apt
Relevant Strategic Director
Yes
Not apt
The Chief Executive
Yes
Not apt
Licensing and Appeals Committee
20 June 2011
Agenda Item No____6_________
LICENSING FEES
Summary:
This report outlines the position regarding Licence
fees and the framework for such charges.
Conclusions:
.
Recommendations:
1. That Members note the report
2. That Members agree to reimbursement of
annual fees for village halls etc where they
have been paid in the past although
exemptions have applied.
Cabinet member(s):
Ward(s) affected:
Councillor Trevor Ivory
All
Licensing Committee Chairman
Councillor Richard Price
Contact
Officer,
number, and e-mail:
telephone Chris Cawley Licensing Manager 01263 516252
Chris.cawley@north-norfolk.gov.uk
1.
Introduction
1.1.
Fees for alcohol and entertainment licences; some gambling licences and certain
other licences are prescribed by law. Many of the fees were set some time ago
and do not reflect the current costs of the work involved.
1.2.
The Council is currently only able to set the fees for licences in relation to
hackney carriage and private hire; animal welfare licences and street trading.
These have been revised annually but do not fully reflect or cover the Councils
costs. For some Licence types (notably Caravan site licensing) there is no
provision in law for the Council to charge licence fees.
1.3.
In general fees are set as application fees to offset the costs of processing and
determining licence applications. They are not refundable in cases where
licences are not granted for whatever reason.
Licensing and Appeals Committee
20 June 2011
2.
Proposed changes to law
2.1.
Under the provisions of the Police Reform and Social Responsibility Bill currently
being considered by parliament there are powers for licensing authorities to set
fees for licensing transactions and annual fees under the Licensing Act 2003.
2.2.
Proposals in the Localism Bill may also enable licensing authorities to set fees
and charges for certain licence activities.
3.
Review of North Norfolk Licence fees
3.1.
Officers are currently undertaking a project to establish the actual costs (direct;
indirect and overheads) to the Council of processing and issuing each of the
range of Licences. This will facilitate the next round of fee setting for the Council
whether or not additional powers are granted.
4.
Refunds of certain annual fees
4.1.
Under the Licensing Act 2003 venues which benefit from a Premises Licence are
required to pay an annual fee to the Council for each year the licence continues
in force. That fee is prescribed by law. An exemption from this fee was provided
for certain village halls and similar venues where the licence only covered
regulated entertainment. Exemption was not given if the licence for the venue
covered sale of alcohol or provision of late night refreshment.
4.2.
It has been discovered that a number of village halls and similar venues have
erroneously been invoiced for an annual fee over the past few years. When
identified the invoices have been cancelled and no further fee sought. However
operators of such venues are seeking to be reimbursed for the fees paid in good
faith over the period.
4.3.
Members are recommended to approve in principle reimbursement of such fees
where officers clearly establish they have been paid in cases where the
exemption has officially applied.