Council received and considered a report of the Director of Legal and Democratic Services in regard to recommendations referred from the Standards Committee and Constitution Committee as follows:-
Code of Conduct - The Standards Committee held on 13 March 2012 and Constitution Committee held on 20 April 2012 considered and remitted for Council approval, a revised Code of Conduct as required by the Localism Act 2011.
Overview and Scrutiny Board - Call-in Procedure Rules. - The Constitution Committee on 20 April considered the procedures for the call-in of executive decisions for consideration by the Overview and Scrutiny Board and recommended that the following additional paragraphs be added the Scrutiny Procedure Rules:
15(c) At the meeting considering the Call-in , the reasons for the Call-in will be presented to the Overview and Scrutiny Board by the member who has initiated the Call-in, or one of the other signatories to the Call-in. Paragraphs 13 and 14 above shall apply equally to Call-ins.
15(d) If the member who initiated the Call-in wants a person who is a member or an officer of the authority to appear as a witness, then the permission of the Chair of the Overview and Scrutiny Board must be sought at least three clear working days prior to the date of the Call-in meeting.
15(e) Any person appearing at a Call-in as a witness may only provide factual evidence.
Subsequent paragraphs to be re-numbered accordingly.
Use of Mobile Devices during Council Meetings
Council on 11 January 2012 agreed to remit the above matter to the Constitution Committee. The Committee held on 20 April 2012 recommended the addition of the following paragraphs to the Council Procedure Rules:
(i) During Council meetings all mobile devices should be switched to silent mode.
(ii) No. video, voice call, recordings or photographs to be made or taken without the agreement of the Chair.
(iii) Texting and tweeting is permitted providing it does not interfere with the conduct of the business.
(iv) The use of all mobile devices would be prohibited during all Council meetings when the press and public are excluded.
Scheme of Delegation - Officers - Licensing Matters
Constitution Committee at its meeting on 20 April 2012 made the following recommendations for delegation of hackney carriage and private hire licensing matters to the Assistant Director, Community Protection. The Licensing Committee at its meeting on 14 May 2012 also authorised delegation of the following additional matters associated with the Licensing Act 2003 arising from the Police Reform and Social Responsibility Act 2012.
Delegated Taxi Licensing Functions - Assistant Director of Community Protection
1. Power to licence hackney carriages and private hire vehicles where there are no grounds for refusal.
2. Power to licence drivers of hackney carriages and private hire vehicles where there are no ground for refusal.
3. Power to licence operators of hackney carriages and private hire vehicles where there are no grounds for refusal.
4. Power to suspend or revoke a private hire or hackney carriage drivers licence with immediate effect.
5. Power to set fees and charges only insofar as they relate to the work of the service unit and not any other service area or officer.
6. Power to serve statutory notices under the Local Government (Miscellaneous Provisions) Act 1976.
7. Power to institute legal proceedings under the Local Government (Miscellaneous Provisions) Act 1976.
8. Power to institute legal proceedings under the Town Police Clauses Act 1847.
9. Power to institute legal proceedings under the Road Traffic Act 1988.
10. Power to institute legal proceedings under the Criminal Justice and Public Order Act 1994.
11. Power to seize goods and documents under the Local Government (Miscellaneous Provisions) Act 1976.
12. Power to direct the use of surveillance activities and the use of covert human intelligence services requiring authorisation under the Regulation of Investigatory Powers Act 2000.
13. Power to represent the Licensing Authority in the Magistrates Courts, Crown Courts, High Courts and Tribunals and Inquiries.
14. Power to act as Disclosure Officer under the Criminal Procedure and Investigation Act 1996
Delegeted Licensing Act 2003 Functions - Assistant Director of Community Protection
1. The power to make representations in respect of applications for or variations to pre licences, club premises certificates and provisional statements under the Licensing Act 2003 as amended by the Police Reform and Social Responsibility Act 2012.
2. The power to apply for a review of a licence or other such authorisation under the Licensing Act 2000 as amended by the Police Reform and Social Responsibility Act 2012.
3. The power to suspend a licence or other such authorisation for failure to pay the annual fee under the Licensing Act 2003 as amended by the Police Reform and Social Responsibility Act 2012.
Moved, Seconded and ORDERED as follows:
1. That the revised Code of Conduct be adopted and added to the Constitution.
2. That the additional paragraphs in regard to Call-in as detailed above be agreed and added to the Scrutiny Procedure Rules.
3. That the additional paragraphs in regard to the use of mobile devices during council meetings be agreed and added to the Council Procedure Rules.
4. That the licensing functions set out above be delegated to officers and the officer scheme of delegation be amended accordingly.