Issue - meetings

Report of Portfolio Holder for Community Protection

The decision is not subject to call-in as Councillor Parbutt, Chair of the Overview and Scrutiny Committee, has agreed that the decision is reasonable in all the circumstances and should have dispensation from call-in because the Council’s introduction of the revised fee structure needs to be implemented in order to comply with and respond to changes in law.

The Board considered a report of the Portfolio Holder for Community Protection on the adoption of a revised fee structure for both Mandatory and Additional Licensing for Houses in Multiple Occupation (HMOs) within the City of Nottingham.

RESOLVED to

(1)  adopt the revised fee structure as set out in Appendix 1 of the report, to be effective from 19 September 2018 in relation to the following:

(i)  all new and renewal applications under the Mandatory Licensing Scheme which includes applications required as a result of legislative changes to the Mandatory Scheme effective from 1^st October 2018;

(ii)  all new and renewal applications under the current Additional Licensing Scheme which will be effective until 31^st December 2018; and

(iii)  all new and renewal applications under the proposed new Additional Licensing Scheme due to be effective from 1 January 2019;

(2)  delegate authority to the Director of Community Protection to produce Fee and Policy Guidance, in consultation with the relevant Portfolio Holder, and to make any amendments required to keep the Guidance updated, noting that the type and level of fees remain decisions which are to be approved in accordance with the Council’s Constitution;

(3)  approve the spend as detailed in sections 4.2 and 4.5 of the report from 1^st October 2018 until the end of the Additional scheme – 31^st December 2023 and ongoing for the Mandatory Scheme with no determined end date.

Reasons for Decisions

A review of the fee structure is required as it is over 5 years since Housing Licensing fees were last reviewed and the current fees do not fully cover the operational cost of the licensing process.

A review of fees is also required in response to recent legislative changes and case law which now requires the introduction of a two-part fee structure.

The decisions will assist with embedding a staffing structure which supports improved processing and a stronger compliance and enforcement function going forward.

Other options considered

Having a set fee for licences or reduced fees for renewal and multiple applications. This is how the current fee structure works and is not the favoured structure for the future because it increases the complexity and cost of the fee setting and recovery process.

Reducing the level of staffing and thus reducing the need to increase fee levels.  This option would reduce the service capacity to issue licences efficiently and in a timely manner. It would also restrict the amount of compliance and enforcement work which could be carried out.

No change and leave the fee at the current level. Current fees do not cover the operational costs of the current Schemes.