PURPOSE/REASON

1. To invite the Licensing Committee to consider a Petition from 50 Hackney Carriage & Private Hire proprietors, operators and drivers objecting to a proposed increase in the Council’s fees for respective licences.

2. The petition states “Why should we pay more for less work”.

BACKGROUND

3. Fees for Hackney Carriage Vehicle licences were last increased in April 2003 when they were set at £203.00. The fee recommended for 2005 is £210.00. New Driver licence fees in 2004 were set at £54.00 and in 2005 the recommended fee is £55.00.

COUNCIL POLICY

4. Since 1995 the Council’s policy on licence fees is that officers should ensure full costs recovery where legislation permits.

FORMAL CONSULTATION

5. Proposed fees were advertised in the Isle of Wight County Press on 21 January 2005. A copy of the advertisement is set out at appendix 1. The petition signed by 50 drivers is set out at Appendix 2. No comments from anyone else have been received. There are currently 320 Hackney Carriage/Private Hire Drivers, 38 Private Hire Operators and 106 Hackney Carriage Proprietors.

FINANCIAL IMPLICATIONS

6. Broadly, Council expenditure on Licensing matters and in particular those which are administered and enforced through Consumer Protection, balances income received from licence fees.

7. The proposed fees have been included in calculating the cost of the Licensing Section and if the increase is reduced then there will be a shortfall in the budget for 2005-2006.

LEGAL IMPLICATIONS

8. The power for the Licensing Authority to set relevant fees is contained in the Local Government (Miscellaneous Provisions) Act 1976, Section 70. There is no right of appeal to the Magistrates Court.

IMPLICATIONS UNDER THE CRIME AND DISORDER ACT 1998

9. Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. It is submitted that the proposed fee increase will not impact on crime and disorder on the Island.

IMPLICATIONS UNDER THE HUMAN RIGHTS ACT 1998

10. Members are advised that this petition should be considered against a background of the implications of the Human Rights Act 1998.

There are two convention rights which need to be considered in this context:-

a) Article 8 - Right to respect for private and family life.

Everyone has the right to respect for his private and family life, his home and his correspondence. In the case of article 8 there shall be no interference by a public authority with the exercise of this right except as such in accordance with the law and is necessary on a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder and crime, for the protection of health or morals or for the protection of the rights and freedoms of others.

b) Article 1 of the first protocol – protection of property.

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. In the case of Article 1 of the first protocol it states that “no one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and the general principles of international law. The preceding provisions (of which articles 6 and 8 are but two) shall not however in any way impair the right of the state to enforce such laws as it deems necessary to control the use of the property in accordance with general interest or to secure the payment of taxes or other contributions or penalties”.

The Committee needs to be clear as to the rights granted and the need to ensure that the reasons given for any interference are proportionate and in accordance with the Council’s legitimate aim.

OPTIONS

11. Option 1 -To approve the licence fees for Hackney Carriage & Private Hire Licences as advertised for 2005 – 2006 and set a date of 1 April 2005 for the fees to come into force.

12. Option 2 - To retain the current fees for 2005 – 2006.

13. Option 3 - To amend the fees as appropriate for 2005 – 2006.

EVALUATION/RISK MANAGEMENT

14. Officers have evaluated the costs of operating the Licensing Section and in particular the Licensing of Hackney Carriage and Private Hire Vehicles, Operators and Drivers. Officers are satisfied that the income from these fees will meet the costs of administration and enforcement thus ensuring the Council tax payer will not be subsidising the Licensing Section.

RECOMMENDATION

15. That the Option 3, at paragraph 13 be approved.

APPENDICES ATTACHED

16. Appendix 1 – Advertisement for fees and charges

Appendix 2 – Petition

BACKGROUND PAPERS

17. Checklist for this report in relation to the Human Rights Act, Wednesbury principles, and proportionality.

Contact point: John Murphy, F 823152

ROB OWEN

Head of Consumer Protection