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Agenda item
Licensing Committee Roles and Responsibilities
- Meeting of Licensing Committee, Thursday 16th June, 2016 6.30 pm (Item 10.)
- View the background to item 10.
Minutes:
John Littlemore, Head of Housing and Community Services, introduced a report recommending a timescale within which new Member training and refresher training should be undertaken by Members of the Committee. The report also clarified the process for Member site visits.
During discussion of licensing training the following was explained:
· Under the constitution the Community, Housing and Environment Committee had the function to oversee the development, review and implementation of the Council’s Licensing Strategy and Policies, including making recommendations to Council. The Licensing Committee had input into policies through making recommendations to the Communities, Housing and Environment Committee.
· Members of the Communities, Housing and Environment Committee were not required to undertake licensing training.
· There was no legal obligation for Members of the Licensing Committee to undertake training, however if Members were untrained this could leave a decision with a heightened risk of challenge.
· Should a Member be unable to attend specific dates offered for training, Officers would liaise with the partner authorities of Tunbridge Wells and Sevenoaks to see if there were places available on their training sessions.
· Invitations to attend licensing training would clearly state whether the session was mandatory for all Committee Members, or was particularly targeted at new and untrained Members and Substitute Members.
The Committee discussed the guidance on Members site visits. In response to questions it was set out that:
· Members could not undertake site visits independently in an official capacity. For clarification it was explained that Members would be seen to be acting in an official capacity if they made themselves known to the proprietor or licensee, and advised the licensee that they were a Member of the Committee or were making a visit on behalf of the Licensing Authority.
· Members were not prevented from visiting establishments unofficially.
Councillor Vizzard entered at 6.49 p.m. as a Visiting Member.
Councillor Wilson left the meeting after the vote at 6.59 p.m.
RESOLVED:
1. That it be agreed that training in accordance with paragraph 2.6 of the report of the Head of Housing and Community Services be completed by members and substitutes within 6 months of being selected for the Licensing Committee.
2. That it be agreed that training in accordance with paragraph 2.6 of the report be refreshed every year if required or when statutory or significant guidance changes were made, whichever was the sooner.
For – 10 Against – 0 Abstain - 0
3. That a recommendation to Democracy Committee be made in the following terms:
a) That the function to oversee the development, review and implementation of the Council’s Licensing Strategy and Policies (including making recommendations to Council) be removed from the delegated functions of the Community, Housing and Environment Committee, and inserted into the delegated functions of the Licensing Committee at part 2.1, para. 2.9 of the Constitution;
For – 10 Against – 0 Abstain - 0
b) That a penultimate sentence be added to part 4.5, para. 1c of the Constitution to read: ‘Members will not be eligible to sit on a Licensing Act 2003 sub-committee until training has been completed’.
For – 10 Against – 0 Abstain - 0
Supporting documents:
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Licensing Committee Roles and Responsibilities, item 10.
PDF 81 KB View as HTML (10./1) 60 KB
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Enc. 1 for Licensing Committee Roles and Responsibilities, item 10.
PDF 37 KB View as HTML (10./2) 36 KB