Agenda item

Referral to the Council of Recommendations from Governance and Constitution Committee

a) Delegation of Licensing Functions (Expedited Reviews) (pages 37-42)

 

b) Local Ward Members’ Protocol and the Councillor Call for Action Protocol (pages 43-58)

 

c) Public and Member Questions and Statements at Meetings (pages  

    59 -70)

 

d) Cabinet Decision-Making Arrangements (pages71-77)

 

e) Crewe Community Governance Review (79 -151)

Minutes:

Consideration was given to recommendations to Council from the Governance and Constitution Committee in respect of the following matters –

 

(A)       Delegation of Licensing Functions (Expedited Reviews)

 

            The Governance and Constitution Committee had considered a report on the delegation of functions in relation to expedited reviews under the Licensing Act 2003 from the full Licensing Committee to the Licensing Sub-Committee. The report submitted sought approval for the resulting changes to the Constitution.

 

At its meeting held on 22nd May 2009, the Licensing Committee had delegated certain functions in relation to “expedited” review applications (ie applications for the urgent review of a premises licence or club premises certificate) to the Licensing Sub-Committee.  Whilst the Licensing Committee had the authority to delegate its functions to a sub-committee, any consequential amendments to the Constitution were required to be approved by Council, on the recommendation of the Governance and Constitution Committee.

 

RESOLVED

 

That

 

Following the delegation of functions in relation to expedited reviews under Sections 53A, 53B and 53C of the Licensing Act 2003, from the full Licensing Committee to the Licensing Sub-Committee, the consequential changes to the Constitution, as set out in Appendix 2 to the report submitted be approved.

 

(B)       Local Ward Members’ Protocol and the Councillor Call-for-Action Protocol

 

The Local Government and Public Involvement in Health Act 2007 had emphasised the importance of the role of Ward Members as community leaders and had advocated their empowerment to deal with local issues.  The proposed protocols considered by the Governance and Constitution Committee demonstrated how Members, with Officer support, could achieve this.

 

RESOLVED

 

That

 

The Local Ward Members’ Protocol (Appendix A of the report submitted); and the Councillors’ Call-for-Action Protocol (Appendix B of the report submitted) be adopted for incorporation into the Council’s Constitution.

 

(C)       Public and Member Questions and Statements at Meetings

 

At its meeting held on 16th April 2009, the Governance and Constitution Committee had reviewed the arrangements for public and Member questions and statements at meetings following proposals to disapply those provisions of the Council’s Constitution from the meetings of Planning, Licensing and Scrutiny bodies. The Committee decided to seek the views of both the Corporate Scrutiny Committee and the Cabinet. The matter was subsequently considered by the Corporate Scrutiny Committee on 12th June and the Cabinet on 14th July.  Cabinet had endorsed the views of the Scrutiny Committee and the recommendations of both bodies were subsequently considered by the Governance and Constitution Committee which had resolved to make recommendations to Council.

 

RESOLVED

 

That

 

The recommendations of the Corporate Scrutiny Committee and Cabinet in relation to public and Member questions and statements at meetings be approved as follows:

 

(a)         That the existing Planning and Licensing Protocols which override the Member and public speaking and questioning provisions that apply to other committees, be retained;

 

(b)         That the facility to allow questions by members of the public at meetings of Overview and Scrutiny Committees be removed, but a period of 15 minutes be provided at the beginning of meetings to allow members of the public to make a statement(s) on any matter that falls within the remit of the relevant committee, subject to individual speakers being restricted to 5 minutes each;

 

(c)         That whilst acknowledging that Planning and Licensing Committees had separate arrangements in place for public involvement, in all other cases, members of the public should provide 3 clear working days notice, in writing, if they wished to ask a question at any other decision-making meeting, in order for an informed answer to be given, but they should not be required to give notice of intention to make use of public speaking provision (although as a matter of courtesy, a period of 24 hours notice should be encouraged);

 

(d)         That Members of Council, in accordance with the current rules, be required to provide 3 clear working days notice in writing if they wished to ask a question at full Council meetings or Cabinet in order for an informed answer to be given;

 

(e)         That the existing provisions of the Council’s Constitution relating to the way in which questions may be answered be preserved; and

 

(f)           That the relevant provisions of the Council’s Constitution be amended accordingly.

 

 

(D)       Cabinet Decision-Making Arrangements

 

The Governance and Constitution Committee had considered a proposed change to the existing Cabinet Decision-Making arrangements. Despite Council having agreed that individual Cabinet Members should have their own decision-making powers, the collective Cabinet was still expected to deal with many decisions which could be dealt with on an individual basis.  There was a reluctance on the part of Officers to refer decisions to individual Portfolio Holders and Cabinet Members themselves were reticent in using their powers.  

 

A further reduction in the volume of Cabinet business could be achieved by removing paragraph (d) of the existing restrictions on individual Cabinet Member decision-making. This related to decisions which “are significant in terms of their effect on communities living or working in an area comprising two or more wards”. Many decisions were “significant in terms of their effect on communities” but could readily be taken by the relevant Portfolio Holder.  By removing this provision, Council would bring clarity and certainty to its executive decision-making arrangements. There were no implications for the Council’s call-in provisions which would continue to apply to all executive decisions whether taken collectively or individually.

 

RESOLVED

 

That

 

(1)       An amendment be made to the decision-making powers of individual Cabinet Members by the removal of paragraph (d) from the existing restrictions on individual Cabinet Member decision-making, the revised restrictions being as follows:

 

“Cabinet Members may make all executive decisions in respect of their portfolio areas except:

 

(a)         Decisions already taken by Cabinet or an officer acting under delegated powers.

 

(b)         Decisions involving a departure from the Council’s Budget and Policy Framework or any Cabinet or regulatory committee policy.

 

(c)         Decisions involving expenditure or savings of £1 million or more.

 

(d)         Decisions which the Leader wishes to be taken by full Cabinet.

 

PROVIDED THAT all such decisions shall be taken in public and that regard shall be had to the advice of the Borough Solicitor by the decision-maker in interpreting these provisions.”

 

(2)               The Constitution be amended accordingly.

 

(E)       Crewe Community Governance Review

 

The Crewe Community Governance Review Sub-Committee had been established by the Committee in May to carry out a community Governance Review in respect of the whole of the electoral wards of Coppenhall, Delamere, Grosvenor, Maw Green, St John’s Valley and Waldron; and those parts of Alexandra, Leighton, St Barnabas and Wistaston Green which did not fall into an existing parish.

 

Stage 1 of the consultation process had concluded on 30th September 2009 and the results and feedback received from stakeholder organisations had been submitted to the Sub-Committee for consideration at its meeting on 5th October 2009. The Sub-Committee had debated the outcome of the consultation process and remitted the matter to the Governance and Constitution Committee without any recommendation.

 

At its meeting held on 15th October the Governance and Constitution Committee had taken into account the views of the Sub-Committee and resolved to recommend that the results of the vote of the people of Crewe be accepted and that the notion of a Town Council for Crewe be rejected at this time. 

 

RESOLVED

 

That

 

The recommendation of the Governance and Constitution Committee be accepted, namely –

 

   “to accept the vote from the people of Crewe and to reject the notion of a Town Council for Crewe at this time.”

 

Supporting documents: