Agenda item - Arrangements for Licensing Panels

Report of the Head Legal & Democratic Services (copy attached).

25.1    The Committee considered a report of the Head of Legal and Democratic Services which proposed changes to the current arrangements for the organisation and administration of Licensing Panels with a view to creating a fairer and more efficient process that could be used in future to better meet the demands of licensing within the authority. The report gave information on the contextual background‘; the current process; suggestions for improvements and outlined the proposed new arrangements.

25.2    The Democratic Services Officer, Mr Keatley, explained that in the past there had often been difficulties with Members coming forward to sit on Panels and that this could put pressure on the authority’s statutory obligation to hear applications within set deadlines, this also impacted on the amount of work required in setting up Panels and could result in additional stress and uncertainty around a process which was already constrained by statutory deadlines.

25.3    As a way forward for the future it was recommended that:

            (1) the Committee note the current arrangements, and the problems these had caused in the administration of Licensing Panels; and

            (2) that the Committee agreed to proceed with the new arrangements outlined in paragraph 3.8 of the  report for the2013/14 municipal year with the appointment of the Sub Committee taking place at the first meeting of the Licensing  Committee in the new municipal year.

25.4    Councillor C Theobald stated that she considered the tables indicating the number of Panels attended by individual Members were unhelpful. Some Members had greater availability/ flexibility to attend Panels whilst other Members who sat on a number of other Committees or had more onerous responsibilities might be less able to attend. This did indicate that they were unwilling to attend, they did so when they were available to do so. Councillor Hamilton concurred stating that he had been appointed to the Licensing Committees following the Councillor Turton’s resignation he had limited availability and if he was expected to cover a large number of Panels on a regular basis that would seriously compromise his ability to sit as a Member of the Committee and under such circumstances he would need to review his position.

25.5    Councillor Marsh stated that she saw no reason to change from the current system, as she was not aware of any instances where meetings had been unable to take place due to a lack of Panel Members. She stated that often places on Panels were filled very quickly, Panels appeared to be allocated on a “first come, first served basis”, she had often been informed that Panels were already “full”. In the past, a few days delay had been built into the lead in time for preparation of papers enabling Members to consider their other commitments and to then volunteer if they were available. She considered that this arrangement had worked better as it provided a greater opportunity for more Members to sit on Panels, she considered that this arrangement should be reverted to, particularly as she was not aware that this was a significant problem. Councillor Gilbey concurred stating that this had also happened to her on several occasions.

25.6    Councillor Lepper stated that she considered that it was not appropriate for all Members to cover the same number of meetings, she considered that the onus was on the Administration and that the primary responsibility in covering Panels should fall to the Chair and Deputy Chair. Councillor Lepper stated that although she had limited availability due to her other commitments she would always cover a Panel meeting if there was a shortage of Members and she was available, Democratic Services were aware of this. Councillor Duncan, the Chair stated that he endeavoured to sit on the majority of Panels and that he was aware that a time delay was built in as he was aware that he was given several days to respond in order to confirm his availability.

25.7    Councillor Cobb enquired whether there had been instances where a Panel had needed to be cancelled due to a lack of Panel Members as she was not aware of instances where this had been the case. The Democratic Services Officer, Mr Keatley explained that although this had not actually happened, it had resulted on occasion, in an increased amount of pressure needing to be placed on Members to sit on Panels which in turn placed additional stress and uncertainty around the process which was already constrained by statutory deadlines. Councillor Cobb also asked if there was a requirement for Panels to be politically balanced. It was confirmed that there was no requirement for them to be so. Councillor Cobb stated due to a medical problem and to her other commitments she was unable to confirm that she was able to sit on a any given Panel a number of weeks in advance, however if she was available she would sit on  Panels when dates were notified nearer to the actual meeting date.

25.8    Councillor Hyde stated that whilst she supported the proposals in principal, she was however, concerned as to how they would work in practice, considering that confusion could arise as a result. Councillor Gilbey agreed stating that she considered that it could very difficult for Members or their substitutes to commit their time so far ahead, notwithstanding that it was proposed that a substitute arrangement was proposed to be put into place.

25.9    Councillors Deane and Hawtree stated that they were aware of the problems that sometimes arose in setting Panels, Councillor Hawtree had been called to sit on a Panel which he had attended in order to observe from the Public Gallery. Councillor Rufus stated that the proposed amendment arrangement of setting up 5 fixed membership Panels would enable him to sit on a greater number of Panels although he noted the comments made by other Members regarding what they considered to be the draw backs of amending the existing arrangements.

25.10  Councillor Marsh proposed and it was seconded by Councillor Lepper that the current arrangements for raising Licensing Committee Panels remain in place but that Members be given a period of several days in which to respond before Membership of any given Panel was finalised.

25.11  A vote was taken and on a vote of 10 to 1 with 1 abstention Members agreed (Recommendation1) to note the current arrangements for calling Panels and agreeing that they Panels should remain in place taking on board the comments made regarding further refinements which could be made.

25.12  A further vote was taken in respect of Recommendation 2 and this was lost on a vote of 10 to 1with 1 abstention.

25.13  RESOLVED - That the current arrangements for raising Licensing Panels be retained but that the feedback received regarding time frame for contacting members and the other issues raised be taken into account when organising future Panels.