Issue - meetings

To approve and adopt revised rules of procedure for non-executive licensing hearings involving matters such as street trading and special treatment premises.

The report set out the reasons for revising the rules of procedures for non – executive licensing hearings.  These were applicable to hearings before the Miscellaneous Functions Sub-Committee in cases where the Sub-Committee is considering applications for the grant, renewal transfer, variation, or revocation of a licence under the Council’s non- executive licensing functions. These non –executive licensing functions included street trading and special treatment premises (for example, ear piercing and tattooing establishments).

The committee noted that in 2003, following adoption of licensing legislative changes, it was agreed that ward councillors would not be a member of the committee hearings of licence applications. This was to guard against a perceptions developing that the ward councillor was biased in their decision and therefore also to protect the reputation of the Council. Ward councillors were only permitted to make representations at the committee hearings.  The committee debated the current position of this rule taking into account the new localism agenda and ward boundaries, where it would still be possible for a councillor to sit on a committee and be in a neighbouring ward where there was close contact with the application. It was noted that there was added protection with the members code of conduct which councillors were required to adhere to and notify the Council and all its meetings of any prejudicial interests. This already guarded against members which had a perceived bias being involved in the licensing hearing.  Taking into account the above points the committee agreed that rule 2 be amended to reflect involvement of ward councillors in non executive licensing hearings with the following provision and wording– A sub committee shall not include a councillor who declares a prejudicial interest in, or who has expressed a firm and final view on, the application to be considered.

RESOLVED

That subject to the amendment of rule 2, the rules of procedures at hearings relating to non executive licensing functions as set out in the appendix to this report is agreed.