Agenda item

To consider the recommendations from the meeting of the Governance and Constitution Committee held on 19 February 2010: -

(1)    Procedure for Election of Mayor and Deputy Mayor and adoption of a Mayoral Code of Practice

(2)    Delegation of Licensing Functions (Minor Variations)

Council was invited to consider recommendations from the meeting of the Governance and Constitution Committee held on 19^th February 2010.

(1)                           Election of Mayor and Deputy Mayor

The Committee had considered the recommendations of the Civic Sub-Committee in relation to the election of the Mayor and appointment of the Deputy Mayor.

The Committee had concurred with the view of the Sub-Committee that seniority was not the best approach but that any candidate for the post should have a minimum of one full term’s experience as a councillor. The Committee also agreed on the need for all political groups to have an opportunity to be involved in the selection process.

The Committee had considered a draft Mayoral Code of Practice which  it was agreed be recommended for adoption by Council.

Council accepted the recommendations of the Governance and Constitution Committee and –

RESOLVED

That

1.                  each year, the Deputy Mayor will normally succeed to the Mayoralty in the following year;

2.                  each year, the Deputy Mayor will be chosen by full Council at the recommendation of the political group which has the majority of Council Members, provided that in making such choice, another political group or groups may be invited to put forward a nomination for consideration by the majority group;

3.                  this approach be adopted in respect of the election of Mayor and appointment of Deputy Mayor for the 2010-2011 Civic Year and beyond; and

4.                  the draft Mayoralty Code of (Mayor and Deputy Mayor) Practice, as amended, be adopted by the Council and incorporated into the Council’s Constitution with such consequential amendments as the Borough Solicitor considers necessary to give effect to the wishes of Council.

(2)                           Delegation of Licensing Functions (Minor Variations)

The Committee had considered a report on a delegation of functions in relation to ‘minor variations’ under the Licensing Act 2003 submitted by the Licensing Committee to the Head of Safer and Stronger Communities.

The scheme of delegation as set out within the Council’s Constitution currently delegated licensing functions under the Licensing Act 2003 to the Head of Safer and Stronger Communities, subject to certain exceptions, including circumstances where relevant representations had been received and not withdrawn. In accordance with the Secretary of State’s Guidance to licensing authorities, the Licensing Committee on 18^th January 2010 had resolved to delegate decisions in relation to ‘minor variations’ to licensing officers.

A number of changes to the Constitution were required to reflect the Licensing Committee’s decision.

Council accepted the recommendations of the Governance and Constitution Committee and –

RESOLVED

That the Borough Solicitor be authorised to make such changes to the Constitution as he considers necessary in order to give effect to the wishes of the Council in this regard, including those changes set out within Appendix 2 to the report (submitted to the Governance and Constitution Committee on 19^th February 2010).

(3)                           Supplementary Questions at Council Meetings

On 17^th December 2009, after a recommendation from the Committee,  Council had resolved to remove from the Constitution the provision giving the right to Members to ask supplementary questions at Council meetings.  At the time, the Leader had indicated that he would give the issue further thought. Following his further consideration, and having consulted other group leaders, agreement had been reached on the inclusion in the Constitution of a supplementary questions provision in an appropriately modified form. This had been accepted by the Governance and Constitution Committee at its meeting on 19^th February 2010 as urgent business for recommendation to Council.

Council accepted the recommendations of the Governance and Constitution Committee and –

RESOLVED

That

1.                  the following provision, enabling Members to ask supplementary questions at Council meetings, be added to the Constitution, at Rule 11.6 of the Council Procedure Rules:

“11.6    Following the answer to each question, the questioner may ask a concise and focussed supplementary question, which relates to the subject matter of the initial question and answer.  The Mayor may choose to disallow a supplementary question if, in his opinion, it is inappropriate or unduly lengthy.  The Member answering the supplementary question will decide whether or not to reply.”

2.                  the Borough Solicitor be authorised to make such consequential changes to the Constitution as he considers are necessary to give effect to the wishes of Council.

            (Note: Councillors G Baxendale and R West, having declared personal and prejudicial interests in this item, withdrew from the meeting during discussion and voting, following which they re-joined the meeting.)