1.       CROSS-CUTTING ISSUES AND IMPLICATIONS

2.    INTRODUCTION AND BACKGROUND

2. 

2.1   Each municipal year Members of the Licensing Committee are asked to consider their training programme for the forthcoming year.

2.2   The Council’s Constitution states:

2.2.1 “No Member will be able to serve on this (Licensing) Committee without having agreed to undertake a minimum period of training on the policies, procedures, legislation and guidance relevant to this Committee as specified by the Committee. This training must be completed to an agreed programme set by the Committee annually with a due date for completion. New Members must receive training, but the programme may include no training provision for experienced Members if there have been no relevant changes to legislation, policies or guidance.

2.2.2 If a Member has not completed the specified training by the due date, the Member will cease to be a Member/substitute Member of this Committee until the training has been completed. The Head of Housing and Community Services will keep a record of the training requirements of this Committee and of Members’ compliance with the requirements.”

2.3   The last update was presented to the Licensing Committee in 2021, when live training was impacted by the continuing pandemic. Since that time, it is now possible to resume training in person. This is the preferred method, as it provides a better environment in which questions can be asked and shared learning encouraged.

2.4   In discussion with Mid Kent Legal Services, an in-house training programme will be offered that will cover the wide range of topics that Licensing Committee Members are likely to experience. The training on offer will comprise:

•        Provision of a 3-hour training session

•        Topics covered will include Licensing Act 2003, Taxi & Private Hire Vehicle Legislation, Gambling Act 2005 and Miscellaneous licensing hearings

•        Training materials are provided during the session

2.5   The 3-hour training session will be offered either as an afternoon (e.g. 2:00pm – 5:00pm) or an evening (from 6:00pm – 9:00pm). The sessions can be on different days if that is felt to be helpful.

2.6   The sessions will be delivered before the end of October 2022 and all new Members to the Licensing Committee will be expected to have undertaken the training, in line with the requirements of the Constitution.

2.7   The need for currently trained Members of the Licensing Committee to attend training was discussed with the Legal Services but as there has been no significant change in legislation, regulation or case law it was felt this would be unnecessary for this municipal year. This decision does not preclude existing trained Members from attending the training and they can do so if they wish.

2.8   Due to the change in Constitution, there are no longer named substitute Members for the Licensing Committee. The onus is therefore on Members who feel they may want to act as a substitute Member for either the Licensing Committee or its Sub-Committees to ensure they have completed the required training. A failure to do so may render the Member unable to participate in the Committee’s business.   

2.9   If neither in-house training dates are convenient, it might be possible for a Member to receive training from a recognised body such as the Local Government Association or Chartered Institute of Licensing. However, such training will need to be undertaken and evidenced before the end of October 2022.

2.10 It is noted that training given by external providers may not cover the whole range of training that will be delivered by the in-house training session. When this occurs, the Member will only be able to take part in matters that have been covered by the relevant training.

2.11The Head of Housing & Regulatory Services will continue to maintain a register of training undertaken by Members in conjunction with the Democratic Services Officer for the Licensing Committee. The register is available on request.

3.      AVAILABLE OPTIONS

3.1     The Licensing Committee could decide not to accept the recommendations but to do so would render it incompliant with the Council’s Constitution and may increase the risk of its decisions being subject to Judicial Review if it cannot be demonstrated that the Licensing Committee is making decisions from a well-informed position.

3.2     Accepting the recommendations will enable Members of the Licensing Committee to meet the requirements of the Local Code on Licensing Matters in the Council’s Constitution. Having an appropriate training programme manages the risk of challenge to a Committee’s decisions – this is particularly relevant for regulatory decisions.

4.        PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS

4.1     The preferred option is set out in Paragraph 3.2 above.

5.       RISK

6.     CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK

6.1  Each municipal year the Committee agrees the training programme. In recent years, the format has largely been dictated by external events and the restrictions imposed to combat the pandemic. The training can now resume in an in-person format, which Members have previously expressed a preference for.

7.       NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION

7.1    Once the Committee has agreed the training programme for the new municipal year, Members of the Committee and those wanting to act as a substitute will be provided with the training dates and deadline for completion.

8.     REPORT APPENDICES

8.1   None

9.     BACKGROUND PAPERS

9.1   None