Agenda item

To enable the Cabinet to consider the recommendation made to it by the Licensing and Registration Committee in relation to the cessation of the requirement for a fourth (or Standby) Member at meetings of the Premises/Personal Licences Sub-Committee in the light of recent operational experiences.

 

Decision:

RESOLVED that it is recommended to Full Council that Council Procedure Rule 34.5 be amended to remove the requirement for a fourth (or Standby) Member to be present at every meeting of the Premises/Personal Licences Sub-Committee.

Minutes:

Cabinet considered the recommendation made to it by the Licensing and Registration Committee in relation to the cessation of the requirement for a fourth (or Standby) Member at meetings of the Premises/Personal Licences Sub-Committee in the light of recent operational experiences.

 

Members were made aware that, since the Licensing Act 2003 had commenced in 2005, the Premises/Personal Licences Sub-Committee (“the Sub-Committee”) had operated for 20 years. In that time, it had been on very rare occasions that the Council had had to call on the fourth (or Standby) Member to participate in the Sub-Committee’s hearing. Therefore, in the opinion of Officers, the removal of the requirement for a Standby Member would have minimal effect on the administration of the Sub-Committee.

 

Cabinet was reminded that, currently, Council Procedure Rule 34.5, inter alia, required the Democratic Services Manager to ensure that a fourth (or Standby) Member, drawn from amongst the appointed membership of the Licensing and Registration Committee (“the Committee”), was present at every meeting of the Sub-Committee. Such Member would act as a member of the Sub-Committee in the event that one of the three Sub-Committee members became unable to act due to, for example, illness or conflict of interest.

 

However, operational experience had demonstrated that there was no real requirement for such a Standby Member and that it was an unnecessary use of Members’ time and resources. Therefore, it was proposed that Cabinet sought the removal of that requirement from the Council’s Constitution. Provision would still exist within rule 34.5 for the Democratic Services Manager to appoint a substitute for a Sub-Committee Member should the circumstances require it.

 

In addition, in arranging the Sub-Committee meeting where additional members of the Committee had indicated their availability those Members would be requested to keep that date free in their diaries and they would be sent a copy of the agenda and reports and accompanying documents etc. Therefore, in the event of the Sub-Committee being inquorate the meeting would be adjourned whilst Officers attempted to contact one of the forementioned members of the Committee and to request them to attend the Sub-Committee.

 

In the event of the above not being possible in the circumstances then the Sub-Committee meeting would be adjourned until another date. Officers would have suggested available dates at the meeting to try and facilitate a quick re-arrangement of the meeting.

 

The Licensing and Registration Committee, at its meeting held on 2 February 2026 (minute 19 referred), had considered this matter and had:-

 

RESOLVED that the Licensing and Registration Committee requests Cabinet to consider and subsequently recommend to Full Council that Council Procedure 34.5 be amended to remove the requirement for a fourth or Standby Member to be present at every meeting of the Premises/Personal Licences Sub-Committee.”

 

The report referred to in the above decision of the Licensing and Registration Committee was set out as an Appendix to the reference report (A.6).

 

Cabinet was cognisant that under the Leader of the Council’s approved Scheme of Delegation, as set out in Schedule 3 (Responsibility for Executive Functions) of Part 3 of the Council’s Constitution, the Portfolio Holder for Assets & Community Safety was the designated Executive Member for overseeing licensing policy matters.

 

Cabinet had before it the formal response of the Portfolio Holder for Assets & Community Safety to the Committee’s resolution, as follows:-

 

“Noting the contents of the report and the reasons behind the recommendation from the Licensing and Registration Committee, together with the clear explanation of contingency arrangements, I support that, for the benefit of efficiency and effectiveness, Cabinet agrees to make the recommendation onto Full Council requested.”

 

Having considered the resolution made by the Licensing and Registration Committee and the formal response thereto of the Portfolio Holder for Assets and Community Safety:-

 

It was moved by Councillor Kotz, seconded by Councillor Baker and:-

 

RESOLVED that it is recommended to Full Council that Council Procedure Rule 34.5 be amended to remove the requirement for a fourth (or Standby) Member to be present at every meeting of the Premises/Personal Licences Sub-Committee.

Supporting documents: