Anthony Cross, Head of Environment Advocacy and Law, will discuss with the Committee, issues regarding a proposed Code of Practice for Licensing decisions.
Minutes:
Anthony Cross, Head of Litigation and Advocacy Law, briefed the Committee on planning issues and the proposal that a Code of Practice for Licensing decisions be adopted.
Anthony stated that he had been working on revisions to the Code of Practice for Development Control Decisions, and that these had been submitted to the Cabinet Lead for comment, prior to taking it through the approval process. He also reported that Councillor Clair was to be appointed as Chair, subject to approval at Annual Council. He would receive comprehensive training to enable him to carry out his duty effectively. It was noted that training for Members was being arranged for June 2009 and Independent Members were welcome to attend. They would be notified of the dates.
Anthony referred to a recent court of appeal case which seemed to be saying that decision-making by Members should not be seen as being similar to legal decisions, for example, by a court. This suggested that the court understood the political process involved in local government. He stressed that this was only the beginning of a potential shift in opinion on the matter.
Anthony reported that he had held discussions with Councillor Thomas, Chair of the Licensing Committee, regarding the introduction of a Code of Practice for Licensing decisions. He stated that a previous code had been drafted, following the introduction of the Licensing Act 2003, but had been rejected by a previous meeting of the Licensing Committee. He stated that current feeling was that a code that dealt with key issues, such as the licensing objectives and lobbying, would be useful. It was not necessary to address interests, as these were sufficiently covered by the Code of Conduct. Any such code would be submitted to political groups, and the Standards and Licensing Committees, prior to its consideration at Council. Anthony mentioned previous issues about whether Councillors should sit on hearings regarding premises in their ward, and stated that this would not be specifically prescribed in the Code, but Members would know that if they were familiar with certain premises, they would not sit on the panel, as it could cloud their judgement.
Councillor Thomas gave the Committee a summary of his views on, and involvement with, the Licensing Committee. He stated that the initial Code of Practice had been rejected, as its purpose was not as clear as for the one for Development Control decisions, and Members felt that they were being overly- controlled in their decisions. They also were already aware of interests and impartiality issues. He explained the pressure Members were under to make considered judgements, in order to protect the Council from unnecessary challenge. He suggested that training on legal issues could help Members understand the process of appeal. He stated that the decisions of the Licensing Committee and its sub-committees and hearings needed to be reinforced by an appropriate code of practice.
Members noted that the new Code would be a compromise between the original Code and what Licensing Committee Members felt necessary. The importance of a process of training was noted, in order for expertise to be built up over time.
Councillor Thomas extended an open invitation to the Independent Members to attend meetings of the various Licensing committees and panels and this was welcomed. Members asked if other authorities had codes of practice for licensing decisions, and it was reported that some did. The Independent Members also asked for a list of the licences covered by the Committee, and it was agreed that this would be supplied.
The Monitoring Officer welcomed the Standards Committee’s interest in the matter, stating that it demonstrated the Council’s commitment to promoting high standards.
The Chair thanked Anthony and Councillor Thomas for their contributions on the matter.
RESOLVED:
that the Standards Committee notes the need for a Code of Practice for Licensing decisions, and recommends its implementation.