Agenda and minutes

Apologies for absence were received from Cllr Waters, for whom Cllr Egan was substituting, from Cllr Reece, for whom Cllr Wilson was substituting and from Cllr Beacham, for whom Cllr Hare was substituting.

The Chair will consider the admission of any late items of urgent business. Late items will be considered under the agenda item where they appear. New items will be dealt with at item below.

There were no new items of urgent business.

A member with a personal interest in a matter who attends a meeting of the authority at which the matter is considered must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent.

A member with a personal interest in a matter also has a prejudicial interest in that matter if the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the member’s judgement of the public interest and if this interest affects their financial position or the financial position of a person or body as described in paragraph 8 of the Code of Conduct and/or if it relates to the determination of any approval, consent, licence, permission or registration in relation to them or any person or body described in paragraph 8 of the Code of Conduct.

There were no declarations of interest.

 To note and approve the minutes of the Licensing Committee held on 27 May 2010 and 10 March 2011 and also to note and approved the minutes of the Licensing Sub Committees held on:

18 November 2010

17 January 2011

7 March 2011

5 April 2011

10 May 2011

RESOLVED

That the minutes of the Licensing Committee held on 27 May 2010 and 10 March 2011, and the Licensing Sub Committees held on 18 November 2010, 17 January 2011, 7 march 2011, 5 April 2011 and 10 May 2011 be approved and signed by the Chair.

Report of the Head of Local Democracy and Member Services and Head of Legal Services to establish two Licensing Sub Committee to conduct the majority of licensing hearings, to note the provisions for the appointment of substitutes and to establish a Planning Sub-Committee.

The Committee considered the report on establishing two Licensing Sub Committees and a Planning Sub Committee, and the proposals for membership of the Sub Committees, as set out in appendix 2 to the report, which was tabled at the meeting. The reasons for the lateness of this documents was due to information being awaited from the party groups regarding membership of the Regulatory Committee. The Committee noted that, were membership the Sub Committees confirmed as proposed in the tabled report, the quorum of the Planning Sub Committee would increase from two to three.  Concern was raised regarding the late increase in the Planning Sub Committee membership, and it was proposed that a membership of 7, as originally agreed with cross-party support as a result of the Governance Review process, would be sufficient. The late notice of the proposal was also raised as a concern, and it was suggested that the original membership of 7 be approved and the situation reviewed during the course of the year to determine whether a larger Planning Sub Committee membership was indeed necessary.

It was asserted that, while the membership of the Regulatory Committee was agreed by Full Council, it was for the Regulatory Committee itself to establish its Sub Committees. It was felt to be confusing that the proposed membership of the Sub Committees had been included in a report to the Annual Council meeting, when this was not the meeting at which the Sub Committees would be confirmed. It was agreed that this would be reviewed going forward.

In response to concerns raised regarding the increase in membership of the Planning Sub Committee, it was argued that a larger Sub Committee would enable greater transparency in the decision-making process, particularly in light of the significant applications which the Sub Committee would be required to determine in the forthcoming year. An opinion was also expressed that larger Planning applications should by heard by the whole Regulatory Committee.

There was some disagreement that a Planning Sub Committee membership of 9 would be more transparent than a membership of 7, and concern was raised that one of the Liberal Democrat Members of the Regulatory Committee would be required to sit on both the Planning and Licensing Sub Committees, which would represent an excessive workload for that Member. It was also argued that a smaller Planning Sub Committee membership would enable Members to benefit from a greater amount of training.

It was proposed that the membership of the Sub Committees be agreed as tabled, and the position reviewed during the course of the year to determine whether this arrangement was unduly onerous on any Member. In the event that this was felt to be the case, it was suggested that a decision could be taken by Full Council to increase the membership of the Regulatory Committee itself, taking into consideration issues of proportionality. It was argued that there was no question that this arrangement would be unduly onerous on the Liberal Democrat Member sitting on both the  ...  view the full minutes text for item 5.

To consider any new items of urgent business admitted under agenda item 2 above.

There were no new items of urgent business.

The scheduled meetings of the Regulatory Committee for 2011/12 are as follows (subject to confirmation by Full Council on 23 May 2011):

10 October 2011

21 February 2012

12 April 2012

NOTED

10 October 2011

21 February 2012

12 April 2012

To note and approve the exempt minutes of the special Licensing Sub Committee held on 17 January 2011.

RESOLVED

That the exempt minutes of the special Licensing Sub Committee held on 17 January 2011 be approved and signed by the Chair.

The meeting closed at 19:45hrs.