Agenda item

To consider the report of the Governance Working Group and the recommendations contained therein.

The Council received a report from the Governance Working Group in relation to

          (i)                the Licensing Committee; and

         (ii)                the Electoral Review of Council Size.

The Working Group had discussed ongoing concerns about the small number of members participating in Licensing Sub Committees and had considered options for widening the pool of members from which to select participants, including the use of the Licensing Committee’s appointed substitutes.

It had, however, been reported that Section 6(1) of the Licensing Act 2003 restricted the size of the Licensing Committee to between 10 and 15 councillors and that the membership of any Sub-committees established by the Licensing Committee had to be drawn from the main Committee. A recent court case had clarified that

(a)        If licensing authorities were able to substitute non-members as and when they wished it would remove the requirement to establish a licensing committee of at least 10 but not more than 15 members of the authority;

(b)        The nature of the work required of licensing committee members meant that they must be trained for the role;

(c)        Section 6(1) of the Act stated that the licensing committee must have not more than 15 members and, if there are already 15 members, to add another would exceed the statutory maximum and could not be done; and

(d)        Standing orders could not override the legislative provisions.

Consequently it was clear that substitute members were not allowed.  The Council’s Procedure rules did provide that there should be no substitutions for licensing when dealing with Licensing Act 2003 matters and the licensing sub-committees of the Licensing Committee.

The Local Government Boundary Commission’s review on the Council’s size had been considered by the Working Group. The first stage of the review would be to decide the Council size. The Commission would determine the Council size taking into the decision of the Council and any other representations from political groups.

The Working Group had noted that both the Conservative Group and the Others Group had considered proposals for future council size: the Others Group had proposed a council size of 39 and the Conservative Group, a council size of 34.

It was reported that the Working Group had discussed the 2 proposals and had, by a majority, agreed to advise the Council to recommend a Council size of 34.

RESOLVED that the Chief Executive, after consultation with the Leader of the Council, be authorised to submit, to the Local Government Boundary Commission for England, the Council’s proposal on a reduction of council size from 40 members to 34 members, based on the following factors:

(i)          the Strong Leader and Executive arrangements introduced since the last review;

(ii)        the extensive Scheme of Delegation of Functions to Officers extended since the last review;

(iii)      the technological advancements in communications and the changing way in which residents accessed information and services;

(iv)      reduction in the committee structure and frequencies of meetings including the way in which the Council fulfils its scrutiny responsibilities; and

(v)        the financial position of the Council, and the Country as a whole.

Note: Councillor Rodney Bates, on behalf of the Others Group, asked that his Group’s vote against the above decision be recorded.