Issue - meetings

To consider the delegation of certain licensing functions from the Licensing Committee to Licensing Sub-Committees and officers.

The Committee considered a report relating to the delegation of certain licensing functions from the Licensing Committee to Licensing Sub-Committees and officers.

At its meeting on 9 December 2008, Council had resolved to delegate to the Licensing Committee those licensing functions which were the responsibility of Council.  Further delegation to sub-committees and officers was required in order to facilitate the efficient provision of a licensing service for Cheshire East.  The proposed scheme of delegation was based on current practices within the three existing licensing authorities of Congleton, Crewe & Nantwich and Macclesfield Borough Councils.

It was suggested that the scheme should be subject to the proviso that officers would have discretion to refer any issue to the Licensing Committee or Sub-Committee if the matter was significant or controversial in nature.  It was also suggested that Sub-Committees should have discretion to refer matters to the full Licensing Committee in similar circumstances. 

With respect to the referral of issues to the Licensing Committee by Sub-Committees, the Principal Solicitor clarified that such a decision would have to be made prior to a Sub-Committee meeting.  Committee Members were of the opinion that the decision should therefore be taken by the Chairman and Vice Chairman of the Licensing Committee.

RESOLVED – That the delegations set out within Appendix 2 of the report be approved, subject to the proviso:

1.      that officers have discretion to refer any issue to the Licensing Committee or Sub-Committee if the matter is significant or controversial in nature;

2.      that the Chairman and Vice Chairman of the Licensing Committee have discretion to refer to the full Licensing Committee matters which would ordinarily be delegated to a Licensing Sub-Committee but which are significant or controversial in nature.