FIGHTING INFLATED FEES
To the Licensing Service Objection to Proposed Fee Increases Date: XX
We are writing to strongly object to the proposed increases for taxi and private hire licensing.
Whilst we object to all the proposals, we are particularly opposed to the outrageous hike in the proposed fee for private hire operators.
The relevant legal provisions are set out in the Local Government (Miscellaneous Provisions) Act 1976 (‘the Act’) specifically section 51 with respect to a grant of a driver licences, section 55 with respect to the grant of an operator licence and sections 53 (2) and 70 (1) in relation to fees for vehicle and operator licences, both of which permit the recovery of a reasonable fee for the grant of a licence
Section 53 of the Act specifies that the reasonable costs related to issue and administration of licences can be recovered in driver’s licence fees. In respect of vehicle and operator licences, section 70 specifies that the reasonable cost of inspecting vehicles, the reasonable cost of providing hackney carriage stands and any reasonable administrative costs in connection with the foregoing and with the control and supervision of hackney carriages and private hire vehicles can be included in the fees.
It is accepted that fees charged can include a reasonable and proportionate amount to cover the costs of enforcement.
The test to be followed in sections 51 and 55 are almost identical in that both sections require that the applicant is a “fit and proper person”.
51 Licensing of drivers of private hire vehicles.
(1) Subject to the provisions of this Part of this Act, a district council shall, on the receipt of an application from any person for the grant to that person of a licence to drive private hire vehicles, grant to that person a driver’s licence:
Provided that a district council shall not grant a licence -
58 (a)unless they are satisfied [F1 -
(i)]that the applicant is a fit and proper person to hold a driver’s licence; [F2 and
(ii)that the applicant is not disqualified by reason of the applicant's immigration status from driving a private hire vehicle; or]
55 Licensing of operators of private hire vehicles.
(1)Subject to the provisions of this Part of this Act, a district council shall, on receipt of an application from any person for the grant to that person of a licence to operate private hire vehicles grant to that person an operator’s licence:
Provided that a district council shall not grant a licence unless they are satisfied [F1 - (a)]that the applicant is a fit and proper person to hold an operator’s licence [F2; and
(b)if the applicant is an individual, that the applicant is not disqualified by reason of the applicant's immigration status from operating a private hire vehicle.]
The disparity therefore between the cost of each licence is a source of confusion for licensed operators within Kirklees. The application process for either a driver or an operator licence is virtually identical, application, DBS check etc. Though drivers have an added burden of driver training and driving test etc – yet the fee element of those application costs is miniscule compared to current and proposed fees for operators. There is in fact less work and checks to be carried out for a grant of an operator licence.
We are angered that the council also deems it acceptable to charge varying fees under its operator fee table, depending on the number of vehicles that the operator may have in their business. There is no provision in the legislation which either supports this or implies that fees can be set in this manner. We repeat the legislation only allows a fee to be charged for the reasonable costs associated with any given licence.
The number of vehicles operated under the licence is irrelevant. You cannot claim it is for enforcement
SEPTEMBER 2023 PHTM
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