Setting Licensing Fees

Setting Licensing Fees
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8 November

Member: £92 | Affiliate member: £192 | Non member: £192

In 2012 a number of licensed sex shops challenged Westminster City Council over the level of licensing fees they set and were successful, winning their high court action over both the interpretation of the Services Directive and the way the fees had been set. The case was taken to the Court of Appeal and then went on to the Supreme Court, with one issue being further referred to the European Court.

This bespoke workshop details the Hemming case and addresses the issues and where they went wrong as well as providing tools and techniques that can be applied when setting licensing fees to ensure that the fees are ‘proportionate’ and ‘reasonable’, and which enable Councils to reclaim the maximum allowable and avoid legal challenges. The workshop will look at how the law should be applied to different types of licence, including those statutes which impose extra restrictions, and will cover how unpaid fees can be reclaimed.

Why you should attend:

  • Clarifying what can be charged for
  • Identifying what should be charged for
  • How to justify the charges and avoid challenges
  • How to make and record the decisions properly

Who should attend:

Aimed at EH staff and others who have responsibility for administering licences, permits, registrations, authorisations etc. for which fees are charged.

  • Licensing Officers
  • Environmental Health Practitioners
  • Senior Environmental Health Practitioners
  • Environmental Health Managers

CPD: 3 Hours

▼ Programme 
12.15   Registration and lunch
13.15   Welcome, introduction and session objectives  
13.20   The big question and the importance of charging
13.35   What are the four categories of costs?
13.45   The three legal approaches to setting fees
13.55   The case law up to Hemming 
14.10   The Services Directive, the UK Regulations and the Guidance
14.20   Making, recording and publicising formal decisions
  • Authorisation and delegations
  • The significance of September 2012
  • Executive decisions
14.20   The Hemming case
  • The three rounds so far
  • The impact of the Services Directive
  • The remaining issues for the European Court
14.45   The four categories of cost post Hemming
14.50   Refreshment break
15.00   Setting the fees & group work
  • What costs to include
  • Calculating the costs for the year ahead
  • Making and recording the decision
  • How the decision may be challenged - both Judicial Review and Restitution
15.40   Collecting the fees & what happens when people don't pay
16.00   A possible future
16.15   Summary and questions from the floor
16.30   Collect CPD and depart
▼ Trainer 

Tim Everett 

Tim Everett Tim was elected President of the CIEH for a three-year period from 1 January 2015.

He is a Chartered Environmental Health Practitioner and was elected as a Fellow in 2000. His last Local Government post was as Strategic Director for Adur and Worthing Councils, where he was responsible for their joint EH, Housing, Planning, Regeneration and Leisure Services. He was the Chair of a statutory Crime and Disorder Reduction Partnership and a member of the West Sussex Safeguarding Board and its Serious Cases Review Panel.

During his 13 years at Sutton LBC he was responsible for all regulatory services, corporate health and safety and the school meals service. His department won a Beacon Council award in 2002 for Better Regulation initiatives, and he was the lead officer in achieving EMAS accreditation across the Council. As head of their corporate policy unit he led a successful Best Value programme and gained a top score for the first full corporate assessment. He has worked for 3 other London Boroughs and the City of Swansea.

He was an adviser to the LGA from its creation until 2009 on environmental health and was a member of the national Air Quality Forum. He has regularly represented local government in meetings with the UK Government and the European Commission etc.

He was a non-executive director of the PHLS and then a member of two HPA Board Committees, from 2000-2012, and a member of the Highways Agency Environment Committee.

He has been a CIEH Trustee from 1994-2000 and again from 2012. He was President of the London Centre from 1999-2004 and was the CIEH Executive Director of Professional Services from 2009 - 2011. He is a listener for the Samaritans and an adviser at his local CAB, and carries out training and research on environmental law issues.

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