Agenda and minutes

Councillor Charlwood welcomed all present to this, the first meeting of the new Municipal Year. The Chair noted that this would be the last Committee meeting that Mrs G Marshall, Legal Advisor to the Committee, would attend as she was leaving the Authority to take up a new post. The Committee expressed their best wishes to Mrs Marshall for the future.

The Chair accepted the minutes of the Licensing (Large Casino) Committee held on 13^th, 14th and 17^th May 2013 respectively as late items of business onto the agenda for the meeting. The minutes had not been available at the time of agenda despatch as they had required formal comment and clearance from Legal Services and the Chair of the Committee. Copies of the minutes had been circulated to Members prior to the Committee meeting and had been published on 28^th May 2013 (minute 5a) refers)

To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13-16 of the Members’ Code of Conduct.

There were no declarations of interest

Apologies for absence were received from Councillor Wilkinson

To approve the minutes of the following meetings:

a)  Licensing Committee (Large Casino) meetings held 13^th, 14^th and 17^th May 2013

(copies to follow)

b)  14^th May 2013 (ordinary Licensing Committee)

(copy attached)

RESOLVED – That the minutes of the following meetings be approved as a correct record

a)  13^th, 14^th and 17^th May 2013 (Large Casino process)

b)  14^th May 2013 (ordinary meeting)

Minute 116 – Members noted that arrangements were being made to hold the first meeting of the Hackney Carriage and Private Hire Driver Licence (length of issue of licences) Working Group. Initial meetings would be just for Members; however the Trade had indicated they welcomed the opportunity to participate in subsequent meetings of the working group

(Councillor Khan joined the meeting at this point)

To consider the report of the City Solicitor seeking to establish the governance arrangements for the Licensing Committee for the 2013/14 Municipal Year; specifically dealing with the Terms of Reference for the Committee and its sub-committees, the membership of the sub committees and the officer delegation scheme

(Report attached)

The City Solicitor submitted a report seeking to establish the governance arrangements for the Licensing Committee for the 2013/2014 municipal year, namely:

·  To note the terms of reference of the Licensing Committee as agreed at the Annual Council meeting on 20 May 2013;

·  To appoint the licensing sub-committees for the 2013/2014 municipal year and to approve their terms of reference; and

·  to approve the delegation of functions to Officers as appropriate

Members commented on and made amendments to the proposed membership of the sub committees as set out in Appendix 2 of the report. 

Additionally, one Member highlighted the amount of work undertaken by those members of the Committee who had dealt with the Large Casino licence process and commented on the Members’ Allowance scheme. General discussion followed on the adequacy of the additional allowance one-off payment relative to the time spent on the applications and Members received clarification on the role of the Independent Remuneration Panel in setting the allowance.

The Committee also commented on the role of Members as council employees or office holders, the implications of the minimum wage legislation on the Members’ Allowance Scheme and recent discussions in respect of Councillors pension schemes. In response to discussions supporting an increase to the general Members’ Allowance, Councillor Buckley expressed his concern over the suggestion that the standard Councillors' allowance should be generally increased beyond any government approved inflation award.

RESOLVED –

a)  That the terms of reference of the Licensing Committee as approved by full Council on 20 May 2013 as shown at Appendix 1

b)  That the five licensing sub-committees hearings required under the 2003 and 2005 Acts be established with the following memberships

A  Councillors Bruce, Downes and Gettings

B  Councillors Dunn, Buckley and G Hussain

C  Councillors Townsley, Harland and Hyde

D  Councillors Hanley, P Latty and Selby

E  Councillors Charlwood, Wilkinson and Khan

c)  That approval be given to the terms of reference for the licensing sub-committees as set out in Appendix 3 of the report

d)  That approval be given to the delegation of licensing functions to the Assistant Chief Executive (Customers and Communities) as shown in Appendix 4 of the report.

To consider the report of the City Solicitor seeking Members approval of the draft Licensing Procedure Rules intended to govern hearings and other meetings of the Licensing Committee and its’ sub committees, along with the Code of Practice for the Determination of Licensing Matters as approved by the Standards Committee. The report also includes proposals for a prescribed training programme

(Report attached)

The City Solicitor submitted a report setting out the draft Procedure Rules relating to hearings and other meetings of the Licensing Committee and sub-committees and sought approval for the Rules to be adopted in order to govern committee procedure. The report also highlighted the Code of Practice for the Determination of Licensing Matters, previously approved by Standards Committee but now within the remit of the Committee to determine.

Member’s attention was also directed to the arrangements for the prescribed Member Training on licensing under the provisions of Article 8A of the constitution and the Code of Practice. It was noted that since the report had been dispatched there had been further discussions which had amended the proposals. It was now proposed that the compulsory training for new Members would consist of an introduction to licensing and a session on bias and pre-determination. For existing and new members there would be one compulsory update session per year. That would constitute the prescribed training under Article 8A. Additional briefings and training sessions would continue to be offered which would not be compulsory.

In addition Members noted that there may be a requirement to identify further compulsory training for specific types of hearing such as that provided during the last municipal year for the Casino application. Such training would be identified in any report brought to Members regarding the arrangements for dealing with such matters at which point Members would be asked to consider whether it should be compulsory

RESOLVED –

a)  That the Licensing Procedure Rules as set out as Appendix 1 of the report be approved

b)  That approval be given to the contents of the Code of Practice for the Determination of Licensing Matters as set out in Appendix 2 of the report and that the Committee agree to follow the Code

c)  To approve the arrangements for the prescribed training programme.

To consider the report of the Head of Licensing and Registration providing an overview of the work undertaken on behalf of the authority by the Entertainment Licensing Section and the Taxi and Private Hire Licensing Section

(Report attached)

The Head of Licensing and Registration submitted a report on the challenges and changes dealt with by the Licensing Authority during the previous twelve months encompassing the work of the both the Taxi and Private Hire Licensing Section and the Entertainment Licensing Sections.

The Committee also noted the matters included within the report which were likely to be dealt with during the coming year.

RESOLVED – That the contents of the report be noted

To note the date and time of the next meeting as Tuesday 25^th June 2013 at 10.00 am

RESOLVED – To note the date and time of the next meeting as Tuesday 25^th June 2013 at 10.00 am