The following Local Government guidance note Produced in partnership with Nicola Smith of Squire Patton Boggs provides comprehensive and up to date legal information covering:
This Practice Note aims to provide practical guidance to those working within a local authority in England or Wales to deal with licensing fees and levies. Local authorities can, of course, be required to administer a range of licences or approvals, from licences for the sale of alcohol and the provision of regulated entertainment, to taxi licences, or licences for street trading.
This Practice Note is not intended to provide detailed advice on the setting and/or recovery of fees under every licence regime, but will give broad guidance on the key issues for consideration.
Licensing fees essentially fall within three different categories:
fees which are set by statute and cannot be amended by individual local authorities
fees which are set locally to cover the cost of administering/managing those regimes
fees which are set locally but are subject to a cap/ maximum limit imposed by statute
There are a number of licensing regimes where the local authority has no discretion as to the level of fees which it charges in its jurisdiction, because the fee levels are prescribed by the applicable legislation. These include fees for:
premises licences, club premises certificates, annual fees, temporary event notices and personal licences under the Licensing Act 2003 (LA 2003)
gaming machine permits and notifications, prize gaming permits and small society
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