Opinion
A view from the trade by B. M. ROLAND
THE NATIONAL PRIVATE HIRE ASSOCIATION 8 SILVER ST BURY BL9 0EX TEL: 0161 280 2800 FAX: 0161 280 7787 e-mail:
npha@btconnect.com
Explanation (?)(!)
By now you will have seen the front page... unless you were so excited to get to my words that you skipped it. When the story landed on my desk, I scratched my head and had a think about whether I should comment on the story or not.
I thought: Surely everybody knows about the way councils can raise fees. Surely everybody knows which sections of the legislation are used. But having mulled it over, it became apparent that here was at least one coun- cil that didn’t know, or forgot... here was a trade group who thought it was wrong, and had to leg it off to the District Auditor to get a result.
So I decided that perhaps I should write it all up as a bit of essential infor- mation which everybody should know. But not only that – the findings of the District Auditor in this case with regard to enforcement are very signif- icant, especially in the present climate when virtually every local authority in the country is cutting back on expenditure, the number of staff, allowances and indeed in a number of areas, dumping the licensing department into a call centre, so you can really get the information you need (!)
Well, what’s it all about? The two sections of the Act (LGMPA 1976) are section 53 concerning the licensing of drivers, and in particular subsection 2 of that section; and section 70 of the Act – and to make sure you grasp the words I am trying to impart, I have input both these sections below for your delight and happiness.
53 Drivers’ licences for hackney carriages and private hire vehi- cles.
53(2)Notwithstanding the provisions of the Act of 1847, a district council may demand and recover for the grant to any person of
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a licence to drive a hackney carriage, or a private hire vehicle, as the case may be, such a fee as they consider reasonable with a view to recovering the costs of issue and administration and may remit the whole or part of the fee in respect of a private hire vehicle in any case in which they think it appropriate to do so.
70 Fees for vehicle and operators’ licences.
(1) Subject to the provisions of subsection (2) of this section, a district council may charge such fees for the grant of vehicle and operators’ licences as may be resolved by them from time to time and as may be sufficient in the aggregate to cover in whole or in part—
(a) the reasonable cost of the carrying out by or on behalf of the district council of inspections of hackney carriages and private hire vehicles for the purpose of determining whether any such licence should be granted or renewed;
(b) the reasonable cost of providing hackney carriage stands; and
(c) any reasonable administrative or other costs in connection with the foregoing and with the control and supervision of hack- ney carriages and private hire vehicles.
(2) The fees chargeable under this section shall not exceed—
(a) for the grant of a vehicle licence in respect of a hackney car- riage, twenty-five pounds;
(b) for the grant of a vehicle licence in respect of a private hire vehicle, twenty-five pounds; and
(c) for the grant of an operator’s licence, twenty-five pounds per annum;
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