Agenda item

That (A) the ‘Fit and Proper Persons Determination Policy for Mobile Homes Sites’ be approved;

(B) the structure for charging set out in section 13 of the ‘Fit and Proper Persons Determination Policy for Mobile Homes Sites’ be approved;

(C) the application fee of £180 for the assessment of the fit and proper persons check and inclusion on the fit and proper persons register, subject to an annual increase in line with the council’s fees and charges strategy be approved;

(D) the ‘appointment of a manager’ fee of £51 per hour or part thereof, plus the employment cost of the manager (including agency fees if applicable), subject to an annual increase in line with the council’s fees and charges strategy be approved; and

(E) authority to make minor amendments to the policy be delegated to the Head of Housing and Health in consultation with the Executive Member for Wellbeing.

The Executive Member for Wellbeing presented the Fit and Proper Persons Determination Policy for Mobile Homes Sites. She said the policy had been developed in response to new legislation being introduced and it would apply to residential mobile home sites of which there are ten in East Herts. She said these sites would now require a suitable fit and proper person running them. There were no negative comments or concerns raised in the consultation.

Councillor Hopewell proposed that the recommendations in the report be supported. Councillor Glover-Ward seconded the proposal.

Councillor Stowe asked what strength the policy had.

The Environmental Health Manager said that the policy was backed up with an enforcement policy. He said that anyone who failed the test would not be able to run the site. If the site was unable to find a fit and proper person, the council would work with them to nominate an individual.

Councillor Crystall asked if the fees covered the cost of running the service.

The Head of Housing and Health said that the fees had been set on a cost recovery basis using the council’s fees and charges strategy. He said that the recommendation in the report made it clear that the fees will be subject to an annual uplift in line with that strategy.

Councillor Clements asked if the ten sites in the district were expected to pass. He asked if there were any specific differences to East Herts’ policy in relation to other councils.

The Environmental Health Manager said the policy had been developed in consultation with other local authorities and had jointly appointed a solicitor. He said that there would be local differences due to the way enforcement was carried out, but the legislation set out what tests the person must pass. He said that it was difficult to comment on whether the existing sites would pass the test without going through the process but did not anticipate any problems.

The Head of Housing and Health said that this was relatively new legislation, and it would be challenged through case law so best practice and guidance would emerge. He gave members assurance that the policy was robust and the concept of a fit and proper person was not uncommon in licensing activity. He referred to the taxi policies which had been in place for some years and some elements of that policy had been incorporated into the mobile homes one.

The motion to support the recommendation having been proposed and seconded was put to the meeting and upon a vote being taken, was declared CARRIED.

RESOLVED - That (A) the ‘Fit and Proper Persons Determination Policy for Mobile Homes Sites’ be approved;

(B) the structure for charging set out in section 13 of the ‘Fit and Proper Persons Determination Policy for Mobile Homes Sites’ be approved;

(C) the application fee of £180 for the assessment of the fit and proper persons check and inclusion on the fit and proper persons register, subject to an annual increase in line with the council’s fees and charges strategy be approved;

(D) the ‘appointment of a manager’ fee of £51 per hour or part thereof, plus the employment cost of the manager (including agency fees if applicable), subject to an annual increase in line with the council’s fees and charges strategy be approved; and

(E) authority to make minor amendments to the policy be delegated to the Head of Housing and Health in consultation with the Executive Member for Wellbeing.