The Licensing Committee of Buckinghamshire Council met on Thursday 9 January 2025, approving a range of fee increases for regulatory functions and the introduction of penalty notices for animal welfare offences. The committee also reviewed the budget and fees for taxi and private hire licensing, agreeing to proposed increases to ensure the service remains cost-neutral.

Penalty Notices for Animal Welfare Offences

The committee agreed to amend Buckinghamshire Council's Animal Licensing Policy to include Fixed Penalty Notices (FPNs) as an enforcement option for certain animal welfare and licensing offences. This aligns with the Animals (Penalty Notices) Act 2022 and the Animals (Penalty Notices) (England) Regulations 2023, which came into force on 1 January 2024. These FPNs offer individuals or bodies corporate the opportunity to avoid prosecution by paying a fee, without admitting guilt or receiving a criminal record. The relevant offences include operating without a licence, non-compliance with licence conditions, obstructing inspectors, and lower-level animal welfare offences. While FPNs are not intended for serious offences or minor non-compliance, they provide a proportionate enforcement tool. The committee noted that the Council cannot prosecute for non-payment of an FPN; instead, such cases would be reviewed by legal services to determine if prosecution for the original offence is in the public interest. The penalties for animal welfare offences can be severe, including significant fines and potential custodial sentences, providing a strong incentive to pay the FPN.

Approval of Increases to Registration Fees and Charges for 2025/26

A 5% increase in fees and charges for animal licensing, skin piercing activities, and the registration of fit and proper managers of regulated mobile home sites was approved, effective from 1 April 2025. This increase is intended to ensure these regulatory regimes remain cost-neutral for Buckinghamshire Council. The decision was based on a review of the costs associated with processing applications, conducting inspections, and ensuring compliance, with officer time, travel, and overheads being key cost factors.

For animal licensing, the Council currently licenses 202 operators under the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018. Since April 2020, 168 premises and 434 individual operators have been registered for skin piercing activities. Nine individuals have been approved for the Fit and Proper (Mobile Homes Sites) Register. The fees are structured to recover costs without generating profit. The committee also agreed to delegate the annual setting of these fees to the Head of Regulatory Services, provided the changes do not exceed Cabinet recommendations and are agreed by the Chairman of the Licensing Committee and the Cabinet Member for Housing and Homelessness. Officers confirmed that there were no current deficits in these areas, but the increase was necessary to maintain cost neutrality for the next financial year.

Taxi and Private Hire Licensing Budget Review and Fees and Charges

The committee approved proposed fees and charges for taxi and private hire licensing, to be implemented from 1 April 2025, following a statutory advertisement period. These fees are set to recover the costs prescribed by law, ensuring the service remains cost-neutral and is funded entirely by licence fee income. The report detailed a projected forecast outturn budget position for 2024/25 and proposed a 5% uplift for 2025/26.

The review indicated that previous fee adjustments in April 2023 and April 2024 had been effective in moving the service towards a cost-neutral position over the 2023/24 to 2025/26 financial periods. The proposed 5% increase aligns with the wider organisational approach to fees and charges. A benchmarking exercise against ten neighbouring local authorities showed that while proposed driver fees would increase slightly, they would remain cheaper than the average for first licences. For vehicle licences, the proposed fees were marginally more expensive for new private hire licences but cheaper for renewals and Hackney Carriage licences compared to the average. Operator licence fees were found to be cheaper for operators with one vehicle and 10-50 vehicles, but more expensive for those with fewer than 10 or more than 50 vehicles, though still competitive when compared to some neighbouring authorities.

The committee discussed the significant increase in licence refusals and revocations, which officers attributed partly to improved complaint reporting mechanisms and a successful defence of council decisions in appeals. The importance of ensuring drivers are fit and proper was highlighted, with officers explaining the rigorous vetting process, including enhanced DBS checks and close collaboration with Thames Valley Police. The new complaints process allows for more detailed analysis of issues, enabling targeted enforcement. The introduction of a new fee for a council-provided wheelchair course for new Wheelchair Accessible Vehicle (WAV) licence holders during 2025/26 was also noted. The proposed fees will undergo statutory advertisement and consultation before final approval in March 2025.