Decision Maker: Head of Community Services

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: July 20, 2023

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.