Agenda item
Constitution Amendment: Various
Minutes:
The Monitoring Officer introduced the report as set-out in the agenda papers.
The Chair invited questions from Members and points raised included:
Amendment 1
· This amendment would mean that Members would see reports that were even more out-of-date than they currently were so should remain with quarterly reports.
Amendment 2
· There was no mechanism in the proposed amendment for Members to ask to see specific reports;
· suggested that the proposal be included within the list of motions that could be given without notice;
· concerned that Members would not be able to input and request agenda items; and
· the wording was not clear and it should be referred back to the Constitution Working Group.
Councillor Angela Harrison moved the following motion: That Amendment 2 be referred back to the Constitution Working Group. This was seconded and agreed by Members.
Amendment 3
· Would prefer that the licensing training was offered to all Members, so Members that did not sit on the Licensing Committee could be called for the sub-committee;
· suggested that paragraph 2.4.3.4 was amended to any member of the Council that had received the relevant licensing training rather than just those that sat on the Licensing Committee;
· licensing training was important;
· understood that the Licensing Act 2003 Committee required the three Licensing Sub-Committee members to be drawn from the Licensing Committee;
· what licensing training did the Council deem suitable?;
· the Council’s constitution should include what the definition of training was, so it was clear to Members;
· all members should be encouraged to attend licensing training;
· members did not need training to sit on the Licensing Committee as it was a policy committee; and
· a lot of these issues should be considered by the Member Development Working Group (MDWG) which worked specifically on training needs of Members.
The Monitoring Officer confirmed, that Section 9 of the Licensing Act 2003 required that Members of the Sub-Committee dealing with alcohol, entertainment and late-night refreshment had the relevant training and were taken from the Licensing Committee. Other types of licensing were dealt with under the General Licensing legislation and so membership could include any member of the Council. In response to concerns around training, he drew attention to the second recommendation in the report in respect of training and considered that the Council should have a holistic approach to training and that Democratic Services providing a report on overall training for Members.
The Chief Executive agreed to liaise with the Democratic and Electoral Services Manager about arranging a meeting of the MDWG which she was aware did struggle with attendance but would be able to cover the issues raised around training.
Councillor Lloyd Bowen moved the following amendment: That Amendment 3 be referred back to the Constitution Working Group. This was seconded and discussion ensued and Councillor Lloyd Bowen withdrew his amendment.
Councillor James Hunt moved the following amendment: That paragraph 2.4.3.4 be amended to read, the Licensing Committee shall have a Licensing Act Sub-committee comprising 3 members of the Licensing Committee who have received training on the relevant areas of licensing law. This was seconded, and on being put to the vote the amendment was agreed by Members.
Amendment 4
· Understood the rationale behind the increase of the value limit for contracts to £120,000 but considered it was too high and concerned about what the public perception would be.
In response the Director of Resources explained that £120,000 was in-line with the Council’s Contract Standing Orders, and there were more robust measures in place for monitoring contracts.
Recommended:
(1) That amendments 1 and 4 be recommended to Council for incorporation into the Constitution.
(2) That amendment 2 be referred back to the Constitution Working Group.
(3) That amendment 3 be recommended to Council for incorporation into the Constitution subject to the following amendment to 2.4.3.4: “The Licensing Committee shall have a Licensing Act Sub-Committee comprising 3 members of the Licensing Committee who have received training on the relevant areas of licensing law”.
Supporting documents: