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Agenda and minutes

Venue: Committee Room B12. View directions

Items
Note No. Item

7.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors; J Burrell, D E Hunnisett, A R Martin and B E Read.

 

8.

Declarations of Interest

To receive any declarations of Disclosable Pecuniary or Prejudicial Interests Members may wish to make.

 

Minutes:

No disclosures of Disclosable Pecuniary or Prejudicial Interests were made.

 

Councillor Hammock reminded Members that he still held a personal licence.

9.

Confirmation of Minutes of the Licensing Committee meeting held on 30 July 2012 pdf icon PDF 71 KB

Minutes:

RESOLVED:

 

That the Minutes of the Licensing Committee meeting held on 30 July 2012 be confirmed as an accurate record.

10.

Urgent Items

The Chairman will announce his decision as to whether there are any urgent items and their position on the agenda.

Minutes:

There were no urgent items for consideration.

MD

11.

Probity in Licensing Protocol and Licensing Sub-Committee Rules of Procedure pdf icon PDF 53 KB

To consider the Probity in Licensing and Licensing Sub-Committee Rules of Procedure as set out in the appendices to the report and to recommend accordingly.

Additional documents:

Minutes:

The report asked Members to consider the Probity in Licensing Protocol and the Licensing Sub-Committee Rules of Procedure, as set out in the appendices and recommend accordingly.

 

The Head of Legal Services advised Members that the Probity in Licensing Protocol [the Protocol] supplemented the requirements of the [Member] Code of Conduct adopted by the GAC on 16 July 2012 [Min.No.35]. Specifically, the Protocol was intended to:-

 

(i)            assist Members in taking licensing decisions openly, with sound judgement and reasons;

 

(ii)          advise on predetermination, bias and interests (disclosable pecuniary interests and prejudicial interests);

 

(iii)         refer to the relevant provisions of the [Member] Code of Conduct and provide a number of guiding principles to assist Members to comply with the Code.

 

However, Members were also advised that no set of principles or guidance was a substitute for the use of common sense when addressing licensing matters.

 

The Head of Legal Services reminded the Committee that under the new Code, Members no longer had the right to speak as a member of the public in support of an application from their Ward, being considered by a Licensing Sub-Committee. This had been permitted under the old arrangements, even when a Member held a prejudicial interest. The Head of Legal Services confirmed that provided a Committee member did not have a disclosable pecuniary or prejudicial interest; he/she was able to sit on a Licensing Sub-Committee considering an application in their Ward, as Ward members have the necessary local knowledge, can ask questions and establish facts. [The position of non-Licensing Committee Members who wish to support applications in their Wards was addressed in detail under para. 6.2 (b) of the Protocol – agenda page 16 and in the subsequent training session].

 

In brief subsequent discussion, it was agreed that the Head of Legal Services would address any specific questions Members had concerning theoretical examples of potential bias (including public perception of potential bias) and predetermination, as part of the ‘Probity in Licensing Protocol’ training session immediately following the meeting that evening.

 

The Head of Legal Services advised that the ‘Licensing Sub-Committee Rules of Procedure’ were presented to the Committee that evening for formal adoption. She confirmed that the Sub-Committee(s) had been following the revised Rules in the intervening period since the new legislation was brought into effect [Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) Regulations 2012].

 

 

                        RESOLVED:

 

1.    That the Probity in Licensing Protocol attached as Appendix A to the report be adopted by the Committee and referred to the next meeting of the Audit Board as the body which oversees compliance with the [Member] Code of Conduct;

 

2.    That the Licensing Sub-Committee Rules of Procedure attached as Appendix B to the report be formally adopted by the Committee.

 

 

 Member Training

 

Following consideration of the published agenda items, Committee members present received a training session from the Head of Legal Services on the newly adopted ‘Probity in Licensing Protocol’ and received guidance material covering:-

 

·         Predetermination and Bias [Common Law aspects and case law]  ...  view the full minutes text for item 11.