Agenda item

To consider a report of the Interim Monitoring Officer on proposals relating to the formation of the Licensing Committee.

The Interim Monitoring Officer presented a paper setting out proposals for the formation of a Licensing Committee for Cheshire East Council, both as a Shadow Committee prior to 1 April 2009 and as a fully operational Committee after that date. The Council would be asked to appoint members to the Licensing Committee at its meeting on 9 December 2008.

Members considered proposals relating to the structure of the Licensing Committee based on the requirements contained in the Licensing Act 2003 and the Gambling Act 2005. Consideration had also been given to the current practices in operation in existing District Authorities and the Cheshire East Licensing Group had recommended the proposals.

Attached to the paper was a list of Licensing functions which are the responsibility of the Council together with lists of Delegation of Functions under the various Acts, a draft statement of Licensing Policy, a proposed Statement of Principles and also a proposed Scheme of Delegation in relation to the general Licensing functions. 

During the debate members referred to the arrangements for the establishment of one or more sub-committees and expressed a preference for there to be five members on any Sub Committee. They also debated the proposed the structure and membership of the Licensing Committee and recognised the geographical differences and expertise in the Cheshire East area.  It was noted the training requirements for members appointed to a Licensing Committee would have to be met to ensure that a clear robust scheme of delegation and fully operational Licensing Committee was in place prior to 1 April.

RESOLVED - to recommend to Council at its meeting on 9 December 2008 that it considers:

1)    the creation of a Licensing Committee on the following terms:

i)               A full Licensing Committee of fifteen Members (with a quorum of eight) on a politically proportional basis, i.e. Conservatives 11; Liberal Democrats 2; Labour 1; Independent Group 1 ;

ii)             That the Licensing Committee then establishes Sub-Committees of three Members drawn from the full Committee to deal with matters under the Licensing Act 2003 and the Gambling Act 2003;

iii)            That Sub-Committees of five Members (with a quorum of three) drawn from the full Committee (of which at least one shall, subject to availability, be the Chairman or Vice Chairman of the full Committee) are established on an ad hoc basis to deal with ‘general’ licensing matters;

2)    the requirement of political proportionality under section 15 of the Local Government and Housing Act 1989 is waived in relation to the sub-committee established under iii above;

3)    to delegate to the Licensing Committee those licensing functions which are the responsibility of Council as set out in Appendix 1, subject to the proviso that before any Councillor who is a member of the Licensing Committee can attend a meeting and participate in the determination of an application or appeal by any individual or body, that Councillor must have attended a suitable training course dealing with the quasi-judicial nature of the role of the Committee; and

4)    authorising the Interim Monitoring Officer to make such consequential changes to the Constitution as she considers appropriate to give effect to the decision of Council in relation to 1) above.