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Decision details
Approval for extension of period of collection of licensing fees
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
To extend animal activity licences and delay
collection of Licensing Act 2003 annual fees
Reasons for the decision:
This decision would in other circumstances be
taken by Licensing Committee. However, in circumstances where they
are unable to meet to expedite its functions in a timely manner
during the COVID-19 pandemic, this decision is being taken in
accordance with the power referred to under background below. This
decision will be reported to the next meeting of the Cabinet.
3. The Licensing team in the Public Protection Service is
responsible for safeguarding animal welfare under a range of animal
activities under the Animal Welfare (Licensing of Activities
Involving Animals) (England) Regulations 2018. These include dog
boarding and breeding, catteries, selling animals as pets, hiring
out of horses and the exhibition of animals. Premises are inspected
by officers, often with vets and licences issued to businesses for
a 1, 2 or 3 year dependant on risk and standards.
In an attempt to both help traders and enable councils to catch up
on outstanding inspection work after the current period of social
distancing Defra issued guidance on 8 April advising that local
authorities may extend existing licences with agreement in writing
from the business. This is permitted under the regulations, and any
extension would add 3 months on to any existing licence.
The majority those boarders who are continuing to trade are doing
so to support Key Workers and vulnerable people. Should their
licence lapse they will no longer be able to support these
workers.
The licensing team also regulate pubs and clubs under the Licensing
Act 2003. The vast majority of the statutory annual fees are due
between September to February, however a reasonable number are due
each month dependant on the issue date of the original licence. At
present there is no specific Government guidance about exemptions
from these fees, but we will keep this issue under review.
The LGA however has recently produced a document which it outlines
possible positive measure Licensing Authorities can take to aid
business during these challenging times whilst ensuring councils
incomes are not significantly impacted. The Licensing Team has
already been carrying out one of the recommendations by not
actively chasing outstanding fees.
A further proposal is to defer payment of the annual fee for six
months. Consideration could be given to deferring annual fee
payments that are outstanding or due prior to licensed premises
become operational again, being given a new payment date for this
year only of 1st October 2020. This would not apply when an
operator wished to change/ or amend a licence when the fee would be
required to be paid prior to the changes being made. The average
annual fee for a premises licence is £170 with smaller
premises paying £80.
The benefit of granting an extension of animal activities licences
and deferment of Licensing Act fees would be to ensure animal
welfare standards and provide some limited financial respite for
local small businesses at a time when officers have not been able
to carry out the normal inspection regimes. It would also provide a
buffer period to allow officers to catch up with outstanding
inspection and risk assessment work once normal working is
resumed.
Risks and mitigation
If extensions are not offered there is a risk that animal licences
will lapse, so removing the legal protection of animal welfare. In
addition as the majority of animal boarders who are continuing to
trade are doing so for Key Workers, should their licence lapse they
will no longer be able to provide support to enable these
workers.
Inspecting these premises in the current climate would present a
risk to our officers and traders alike.
The income associated with both animal activity and Licensing Act
licenses will be delayed but the majority will still be collected
in the financial year but will result in a limited negative impact
on the annual profile of the budget income for the service.
Recommendation
The following actions are recommended:
• That we contact all relevant animal licence holders to
request a 3 month extension.
• That no new annual fee invoices be raised until August
requesting payment for the 1st October 2020 and those due later in
the year will be requested in line with their normal due date.
Licensing Team will not chase for outstanding payment due from
premises prior to the lockdown that are at currently closed until
the industry has had the opportunity to trade for at least a
month.
I confirm that in making this decision I have considered the
following in line with Wiltshire Council’s
Constitution:
Key decision requirements: Not Applicable
Views of relevant cabinet member(s), committee chairman, area
board(s):Not Applicable
Consideration of the area boards and delegated decision checklist
for officers on the issue of when and how to involve local
councillors and area boards in decisions about local services: Not
Applicable
Implication of any council policy, initiative, strategy or
procedure: Yes
Consultation in accordance with requirements and expectations of
consultation with the public:Not Applicable
Range of options available: Yes
Staffing, financial and legal implications: Yes
Risk assessment: Yes
Involvement of statutory officers and/or directors: Yes
Regional or national guidance from other bodies: Yes
The council’s constitution: Yes
This contract is suitable for execution under the e-signature
process:Not Applicable
Alternative options considered:
8. The option not to extend licences has been
considered and rejected due to the financial impact on local
businesses.
Conflict of Interest: Not Applicable
Background: Pursuant to paragraph 4 of Part 3 Section D, the Directors of Wiltshire Council are is empowered to take all necessary decisions in cases of emergency. This decision is being taken by Jessica Gibbons using these powers in circumstances where the Director concerned believes that there is a risk of damage to property, a threat to the health or wellbeing of an individual and/or that the interests of the Council may be compromised if this decision is not otherwise taken.
Contact: Jessica Gibbons, Director - Neighbourhood and Community Services Email: jessica.gibbons@Wiltshire.gov.uk Tel: 01225 713177.
Publication date: 02/06/2020
Date of decision: 27/04/2020
Accompanying Documents: