Environmental Protection Department
3rd Floor Balliol House
Stanley Precinct
Bootle
L20 3AH
Telephone: 0151 934 2100
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Email:
Epd@environmental.sefton.gov.uk
Your Ref:
Please Contact: David Packard 11th September 2006
Re: £2 Levy for hackney carriage unmet demand survey
I refer to your complaint regarding Sefton Councils imposition of a £2 levy on all private hire and hackney carriage licence fees from April 2001 to fund unmet demand surveys and your dissatisfaction with the Trading Standards Managers response to your complaint into how this decision came about (attached).
I have reviewed all relevent reports and minutes relating to this issue going back to the year 2000. There is a clear account of consideration of the matter at the trade working group meetings and licensing committee.
Your objection, on behalf of private hire drivers in Southport, to the then proposed £2 levy is clearly minuted at the meeting on 20th June 2000, when the levy was first proposed. Five elected members of the licensing committee were present at that meeting. The subsequent approval of the proposed levy by the licensing committee on 17 July 2000 made the £2 levy Council policy.
The matter was again discussed by the joint trade working group on 12 August 2003 where the objection to the imposition of the levy was again made by the SODA representative . The minute states that NWTA, SLOPA, SSTA and SSHLDA supported the £2 levy and concluded that they were happy with the previous decision taken on this matter, although the minute does indicate that concensus between representatives of private hire associations was not reached. The clerk outlined the constitutional procedure to be followed should SODA wish the council to formally reconsider its decision on this matter. The minutes of this meeting were circulated (as normal) to all members of the licensing committee.
In addition to the above, the £2 levy for unmet demand survey is clearly indicated when annual hackney and private hire licence fees are set by the licensing committee (and Cabinet) and therefore the policy decision for the £2 on all private hire and hackney carriage licences does have repeated annual political consideration and recorded endorsement.
In the course of my investigation I have seen no evidence of improprietary on behalf of any council officer as you allege or any evidence that political democratic processes were not followed in agreeing the levy initially, or in its annual endorsement. Indeed it seems that the balance of trade group opinion on discussion of the matter in 2003 was favourable to the £2 levy. Given that a needs analysis could equally benefit both the private hire and hackney trades, general support for the levy from the majority of trade groups (as minuted) does appear to be logical.
It appears to me that you are aggrieved by the political decision to impose the levy on private hire operators despite you having taken the opportunity in front of elected members to clearly state the objection of the private hire drivers in Southport to its imposition. However, it is clear that elected members made their original decision in the full consciousness and consideration of your objection on behalf of private hire drivers in southport.
I would advise you that should you wish the Council to revisit its policy on this matter, the constitution allows for residents to obtain reconsideration of a political decision through the submission of a petition signed by no less than 25 sefton residents. The petition should be sent to the chair of the Licensing and Regulatory committee. The petition would need the endorsement of an elected member of Sefton Council, preferably not a member of the Licencing and Regulatory committee. The supporting Councillor need not have any particular sympathy to the issue at stake, but merely endorse the petition.
In conclusion the policy position in relation to the £2 levy for unmet demand surveys to be levied on private hire and hackney carriage annual licence fees will remain until the licensing committee formally reconsiders its position on the matter and resolves to support an alternative position.
If you are still not satisfied with the Councils internal investigation or advice in relation to this matter, you are at liberty to take your complaint to the independent Local Authority Ombudsman, whose role is to investigate claims of local authority maladministration. Their contact details can be found below.
Yours sincerely
David Packard
Assistant Director
Local Authority Ombudsman
Beverly House
17 Skipton Road
York
YO 30 5FZ
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