Purpose

The Southern Internal Audit Partnership, a
body separate to Crawley Borough Council, has been undertaking an
audit of the licence driver application process for individuals
wishing to become licensed drivers, a function that falls within
the Taxi Licensing Service. An anomaly was identified within the
Licensing Committee Functions which conflicts with decisions that
have been delegated to the Head of Community Services in relation
to fees and charges where no objections have been received.
The Licensing Committee is required to make decisions on fees and
charges when objections have been received. If objections are not
received, this is delegated to the Head of Community Services in
consultation with the Chair of the Licensing Committee, and an
unintended consequence of Function A of the Constitution prior to
revision by Full Council on 19/07/23 created an unintended conflict
which means that all decisions relating to fees and charges for
licensing functions are required to be made at Licensing Committee
regardless of the receipt of objections. This identified that an
anomalous function as was listed within Section 9 of the
Council’s Constitution (Licensing Committee Functions) that
conflicts with current practice in relation to the review of fees
and charges outside of the Budget set at Full Council. The Taxi
Licensing regime is self financing and fees must be set, and
mechanisms need to be in place to allow for an increase or other
change in fees outside of the budget set at Full Council to ensure
the efficient adjustment of fees and charges can be made without
requiring the Licensing Committee to convene each time.
An additional fee of £15 was included as part of the hackney
carriage and private hire licence process to take account of
additional regulatory and compliance checks required as part of the
fit and proper test for individuals, several of which have been
brought about due to new Statutory Taxi Standards, Right to Work
Requirements and HMRC checks. This sum was agreed by the Leader of
the Council as well as the former Chair and Vice Chair (remaining)
of the Licensing Committee. Once the anomaly was identified, this
fee was suspended and those who have already paid it will be
refunded over the next 12 months.
This Significant Operational Decision is to reinstate the £15
fee from 1st October 2023, following the required revisions to the
Constitution at Full Council on 19/07/23 and agreement from the
Licensing and Governance Committees.

Content

To reinstate the £15 fee from 1st
October 2023, following the required revisions to the Constitution
at Full Council on 19/07/23 and agreement from the Licensing and
Governance Committees.