Minutes:
The Committee’s attention was drawn to the fundamental changes to the licensing system brought about by the Licensing Act 2003 and the new duties and responsibilities placed on Members and Officers.
Licensing together with planning had been recognised by the Standards Board for England as particularly sensitive areas. In dealing with these matters Members and Officers acted in a judicial or quasi-judicial way and were required to follow proper procedures which accorded with the rules of natural justice and the Articles of the European Convention on Human Rights, in particular Article 6 relating to the Right to a Fair Trial.
The Licensing Act 2003 put local authorities firmly in the centre of decision making upon licences for regulated entertainment and the provision of alcohol, as well as late night refreshments. The Local Authorities Co-ordinators of Regulatory Services had reported concerns regarding this shift in responsibility. These concerns had centred around doubts regarding the impartiality of Councillors, especially those who would determine applications. This concern arose from a view that Councillors were subject to local political pressures and a belief that they would regard the views of local residents as taking precedence over the other interests of their communities.
The role of an elected Member on the Licensing Committee would involve balancing the multiple needs and interests of the local community, whilst prioritising the licensing objectives of the Licensing Act 2003. It was essential that elected Members maintained their impartiality and, as public perception of probity was critical, their appearance of impartiality during the decision making process. To assist Members and Officers achieve this, thereby protecting them and the Council from accusations of maladministration or judicial review proceedings, a draft Licensing Code of Conduct had been drawn up by the Officers a copy of which was submitted to the Committee for consideration and approval.
The Committee was informed that the views of the Licensing Committee would also be sought on the proposed Code of Conduct.
Recommended -
(a) That, subject to the concurrence of the Licensing Committee, the Council approve the Licensing Code of Conduct for Members and Officers now submitted and it be incorporated into the Local Code of Conduct and the Council’s Constitution.
Resolved –
(b) That the Director of Law and Corporate Governance in consultation with the Chair of the Standards Committee be authorised to consider and approve on behalf of the Standards Committee any minor amendments made by the Licensing Committee prior to its submission to Council.
(c) That in the event of the Licensing Committee proposing any major changes to the Code it be referred back to the Standards Committee for further consideration.