Cheltenham Borough Council
Cheltenham Borough Council

Hello, please sign in to your account. New customer? Creating a new account only takes moments.

find our main contact details and opening hours or find our location.

Agenda and draft minutes

Venue: Pittville Room - Municipal Offices. View directions

Contact: Rosalind Reeves, Democratic Services Manager 

Items
No. Item

1.

Apologies

Minutes:

Apologies were received from Mr Duncan Chittenden

 

 

2.

Declarations of Interest

Minutes:

None declared.

 

 

3.

Minutes of the last meeting pdf icon PDF 48 KB

To approve the minutes of the last meeting held on 27 June 2016.

Minutes:

The minutes of the meeting held on 27 June 2016 were approved and signed as a correct record subject to the removal of the words "and thus does not know the exact nature of the work" relating to Councillor Wilkinson's dispensation in agenda item 4.

 

 

4.

Probity in Licensing pdf icon PDF 76 KB

A Report of the Borough Solicitor and Monitoring Officer recommending approval of a revised Licensing Code of Conduct (Probity in Licensing) for adoption by the Council.

Additional documents:

Minutes:

The Borough Solicitor and Monitoring Officer introduced the report setting out a revised Licensing code of conduct. The revised document had been reviewed at the  Licensing Committee on 12 October and the solicitor supporting that committee, talked members through four changes which the committee had recommended as follows:- 

 

3. (Committee Procedure)

  1. c) currently reads “This must be done in a maximum of 5-10 minutes…” This should probably read “This must be done in a maximum of 10 minutes”, need to remove the 5-.  This also applies to 3d) and e).

 

  1. h) “The committee members…In cases involving disciplinary and/or confidential matters the Members will retire to another room (usually the Members’ Room)…” suggested that this be amended to read “confidential matters one party”… (removing (usually the Members’ Room) to reflect the fact that on some occasions it is the parties, not the committee that leave the room.

 

  1. D.2. states “However decision making requires assessment and judgment of the weight to be attached to policies and guidance issues which, no matter how current, will never provide an answer for all, or even most applications” and the Licensing Committee questioned whether “or even most“, should be deleted?

 

Members agreed that these three changes should be made as good housekeeping.

 

The Licensing Committee had also suggested a revision to Part two C (The Committee Hearing) to allow the applicant/licensee (or their representative) to be given a final right of reply in (g). The Borough Solicitor advised that she would not recommend this addition as it could be grounds for a subsequent challenge to the committee's decision and no other participants had a right of further reply. A member suggested that the wording should be changed to ‘a’ final right of reply rather than ‘the’ which the Committee agreed.

 

Referring to Part 1 section B (Gifts and Hospitality), a Member suggested that it should not be acceptable for members of the committee to receive any gifts or hospitality regardless of their value. The Borough Solicitor suggested to the committee that the sentence beginning "notwithstanding the council's protocol” could be removed” so there was no suggestion of any different rules applying to Licensing Committee members. Members agreed.

 

In Part two section 3C – (Committee Procedure) a Member asked for clarification in h) on who should make the decision that members of the committee should retire. The Borough Solicitor replied that the normal democratic process should be followed.

 

A Member sought clarification as to Part two Section 3 (Committee Procedures) d) and the position of spokespersons.  The solicitor clarified that if there were a number of objectors they could appoint a spokesperson for the group and other groups could similarly be represented by a spokesperson. Officers agreed to adjust the wording to make this clear.

 

A Member suggested that substitute members of Licensing Committee should have to demonstrate that they observe a meeting at least once every three months as part of their ongoing training and development, which is a requirement for substitutes on Planning Committee. The  ...  view the full minutes text for item 4.

5.

Protocol for Member/Officer Relations pdf icon PDF 73 KB

A report of the Borough Solicitor and Monitoring Officer recommending that the Committee undertakes a review of the Protocol for Member / Officer Relations

Minutes:

The Borough Solicitor introduced her report which suggested that the Protocol for Member/Officer Relations should be reviewed which was last revised in 2010. She said it was a valuable document upon which she had advised in several instances over the past four years.  She recommended that a working group of members of this committee was established which could meet informally and hear the views of Members and Officers on their experiences with the use of the protocol and any amendments which they may like to see. There was also a need to update the protocol to reflect changes in the Members Code of Conduct.

 

The committee agreed that there should be an open invitation to all Members and Executive Board for they or their representatives to put forward their views to the working group either in person or in writing and HR and Unison should also be invited to give their views. The Democratic Services Manager agreed to draft and send the invitation.

 

Resolved that a working group comprising members of the Standards Committee be established to review the Protocol for Member/Officer Relations and to prepare a revised version for consideration by the committee.

 

6.

Local Government Act 1972 - Exempt information

The Committee is recommended to approve the following resolution:

 

 “That in accordance with Section 100A(4) Local Government Act 1972 the public be excluded from the meeting for the remaining items of business as it is likely that, in view of the nature of the business to be transacted or the nature of the proceedings, if members of the public are present there will be disclosed to them exempt information as defined in paragraph 1, Part 1, Schedule 12A (as amended) Local Government Act 1972, namely:

Paragraph 1; Information relating to any individual

 

Minutes:

Upon a vote it was unanimously

 

RESOLVED that in accordance with Section 100A(4) Local Government Act 1972 the public be excluded from the meeting for the remaining items of business as it is likely that, in view of the nature of the business to be transacted or the nature of the proceedings, if members of the public are present there will be disclosed to them exempt information as defined in paragraphs 1 of Part 1, Schedule 12A (as amended) Local Government Act 1972, namely:  Information relating to an individual. 

 

 

 

 

7.

Review of complaints

Report of the Monitoring Officer

Minutes:

The Monitoring Officer advised that there had been no formal complaints made to her since the last report to this committee on 7 July 2015 however she had dealt with a number of matters which had been referred to her where a satisfactory conclusion has been reached in every case.

 

 

8.

Any other business

Minutes:

There was no other business.

 

9.

Date of next meeting

The next meeting is scheduled for 22 February 2017.

Minutes:

The date of the next meeting is 22 February 2017.