The Council's Constitution
Part 5 - Terms of Reference and Composition of Council
Bodies
AVON PENSION FUND COMMITTEE
Functions and Duties
To discharge the responsibilities of Bath & North East
Somerset Council in its role as lead authority for the
Administration of the Avon Pensions Fund. These include
determination of investment policy objectives; making arrangements
for the management of the Fund’s investments and monitoring
investment performance; commissioning actuarial valuations in
accordance with the provisions of the Local Government Pension
Scheme Regulations, 1995; considering request from organisations
wishing to join the Fund as admitted bodies; making representations
to the Government as appropriate concerning any proposed changes to
the Local Government Pension Scheme; and all aspects of pensions
benefit administration.
Membership
5 Elected Members of Bath and North East Somerset Council to act
as trustees of the Fund in the political proportion of; 2
Conservative Members, 2 Liberal Democrat Members and 1 Independent
Group Member (with a Conservative Group nominee chairing the
Committee)
2 Co-opted Independent Voting Members to act as trustees
appointed following a competitive selection process
4 Unitary Authority Elected Member non-voting representatives
appointed by the Councils of Bristol City, North Somerset, South
Gloucestershire and Bath and North East Somerset
1 non-voting representative appointed by the Parish Councils in
the former Avon area
1 non-voting representative appointed by the Higher and Further
Education Institutions contributing to the Avon Pension Fund
4 non-voting representatives appointed by the Trade Unions
representing employees contributing to the Avon Pension Fund
[An allowance to be paid to the independent voting members of
the Avon Pension Fund Committee]
CORPORATE AUDIT
COMMITTEE
Powers and Duties
The Council has delegated to this Committee its powers and
duties relating to the following matters:
The Council delegates to the Corporate Audit Committee the
following responsibilities:
1. To approve on behalf of the Council its Annual Accounts, as
prepared in accordance with the statutory requirements and
guidance.
2. To approve the External Auditors' Audit Plan and to monitor
its delivery and effectiveness during the year.
3. To approve the Internal Audit Plan within the budget agreed
by the Council and to monitor its delivery and effectiveness
(including the implementation of audit recommendations).
4. To consider, prior to signature by the Leader of the Council
and Chief Executive, the Annual Governance Statement (including the
list of significant issues for action in the ensuing year), as
prepared in accordance with the statutory requirements and
guidance; and to monitor progress on the significant issues and
actions identified in the Statement.
5. To review periodically the Council's risk management
arrangements, make recommendations and monitor progress on
improvements.
6. To review periodically the Council's key financial governance
procedures, i.e. Financial Regulations, Contract Standing Orders,
Anti-Fraud & Corruption Policy and to recommend any necessary
amendments.
7. To consider the annual Audit & Inspection Letter from the
External Auditor and to monitor progress on accepted
recommendations.
8. To monitor and promote good corporate governance within the
Council and in its dealings with partner bodies and contractors,
including review of the Council's Code of Corporate Governance and
in any such other ways as the Committee may consider expedient
(within the budget agreed by the Council).
9. To consider and make recommendations of any other matters
relating to corporate governance which are properly referred to the
Committee or which come to its attention.
10. To make an annual report to Council on the work [and
findings] of the Committee, including (if necessary) any measures
necessary to improve the effectiveness of the Committee.
In all of the above, the Committee will, as appropriate, wish to
develop effective liaison with the following:
A. the Standards
Committee of the Council with regard to matters of ethical
governance;
B. the relevant
Overview and Scrutiny Panel(s) - to complement but not to duplicate
the exercise of their legitimate role in checking compliance with
Council processes and policies and in reviewing policies and
practice;
C. relevant Cabinet
Members, in particular the Leader and the Cabinet Member for
Resources, whose portfolios include executive functions related to
the matters covered by these terms of reference
D. the Council when
developing the Council’s Code of Corporate Governance
Membership
The membership of the Committee shall be 6 Councillors in the
political proportion of
Conservative 3; Liberal Democrat 3.
Frequency of Meetings
The Committee will hold 4 meetings each Council year in the
months of June/July, September/October, December/January and
March/April. Additional meetings may be arranged to deal with
the volume of business if required.
LICENSING COMMITTEE
Status of the Committee
The Licensing Committee shall be a statutory committee of the
Council appointed to perform the discharge of the local authority's
licensing functions, except the approval of the Licensing Policy
and the setting up of a Licensing Committee.
Membership of the Committee
The Committee shall comprise 10 elected members of the authority
in the political group proportion (5 Cons: 4 Lib Dem: 1 Labour), or
such other proportion agreed by the Council from time to time.
The Solicitor to the Council shall be authorised by the Council
to fill vacancies on this Committee in accordance with the
nominations of the relevant political group which holds the
nomination rights to the vacancy.
Chaired by a nominee of the Conservative Group
The Council's objectives on Licensing
In exercising its functions the Committee will have regard to
the statutory licensing objectives of:
§ the prevention
of crime;
§ public
safety;
§ the prevention
of public nuisance and
§ the protection
of children from harm.
And an additional 3 objectives from the Gambling Act 2005:
- preventing gambling from being a source of crime and disorder,
being associated with crime or disorder or being used to support
crime
- ensuring that gambling is conducted in a fair and open way,
and
- protecting children and other vulnerable persons from being
harmed or exploited by gambling.
In addition, the Committee will have regard to (a) the Council's
Licensing Statement, published under section 5 of the Licensing
Act, 2003, and the Gambling Act “Statement of Principles” (b) any
guidance issued from time to time from the Secretary of State, (c)
Gambling Commission Codes of Practice and guidance and (d) the
Council's Corporate Plan and improvement priorities insofar as
these do not conflict with statutory requirements and which take
precedence.
Powers and Duties of the Committee
|
1. |
At the request of the Council, to review the Council's licensing
policy at any time within a statutory 3 year period and to make
recommendations to the Council for change, after the prescribed
consultation has been completed. |
|
2. |
To carry out all of the Council's licensing functions as covered
in the Licensing Act 2003, excluding the making of the Licensing
Policy and the setting up of a Licensing Committee (these being
functions of the Council). |
|
3. |
To determine individual licence applications which fall outside
Officer delegations, or which are referred by Officers for Member
attention, in relation to the issue and renewal of all
registrations, licences, permits, consents etc in relation to the
enactments listed below and all such other enactments as may fall
within the remit of the Committee:
Animal Boarding Establishments Act 1963
Breeding of Dogs Act 1973 and 1991
Caravan Sites and Control of Development Act 1960
Dangerous Wild Animals Act 1976
Deer Act 1980, Game Act 1831 and Game and Licenses Act 1860
Pet Animals Act 1951
Rag, Flock and Other Similar Materials Act, 1951
Riding Establishments Act 1964 and 1970
Scrap Metal Dealers Act 1964
Zoo Licensing Act 1981
Guard Dogs Act 1975
Food Safety Act 1990
Food Act, 1984
Environmental Protection Act 1990
Local Government (Miscellaneous Provisions Act) 1982
Highways Act 1980 Part VIIA (Tables and Chairs on Highways)
Cinemas Act 1985
Theatres Act 1968
Town Police Clauses Act 1847
Town Police Clauses Act 1889
Local Government (Miscellaneous Provisions) Act 1976
Transport Act 1981
Late Night Refreshment Houses Act 1969
Betting, Gaming and Lotteries Act 1963
Gaming Act 1968
House to House Collections Act 1939
Police Factories, etc (Miscellaneous Provisions) Act 1916
Public Health (Control of Disease) Act 1984
Canal Boats Act 1877
Hypnotism Act 1952
Licensing Act 2003
Gambling Act 2005
Violent Crime Reduction Act 2006
Charities Act 2006 |
|
4. |
To determine appeals against decisions made by the Proper
Officer under the Marriages (Approved Premises) Regulations
1995. |
|
5. |
To establish one or more Sub-committees and, subject to
statutorily prescribed exceptions, to delegate any of its functions
to such Sub committee(s). |
|
6. |
Subject to statutorily prescribed exceptions, to delegate any of
its functions to an Officer of the
authority |
How the Committee will operate, including Substitution and
Delegated Powers
The Committee will meet in full to consider any matters on which
it is asked or required to submit a recommendation to the
Council.
Substitutions will be permitted at meetings of the full
Licensing Committee from among other members of the Council, in
accordance with non-Executive Committee Procedure Rule 11, as set
out in the Constitution.
The Committee has appointed 2 Sub-Committees to act as hearing
Panels as follows:
- Licensing (Gambling and Licensing) Sub-Committee – this
Sub-Committee hears and determines all applications made under the
Licensing Act 2003 and the Gambling Act 2005 relating to Premises
Licences, Personal Licences and gaming and club machine
permits;
- Licensing (Taxis, Street Trading and Miscellaneous)
Sub-Committee - this Sub-Committee hears and determines all
applications relating to licences for taxis and private hire
vehicles/drivers/operators, Street Trading Consents and all
applications relating to licences for any other functions not
covered by the other Sub-Committee.
The Committee has delegated to those Sub-Committees the power to
determine applications in the circumstances set out in the tables
below.
Each Sub-Committee shall comprise 3 members in the political
proportion: 2 Conservative 1 Liberal Democrat. (Chair – Gambling
& Licensing - Conservative; Chair – Taxis etc – Liberal
Democrat )
The membership of each Sub-Committee must be drawn from among
the membership of the Licensing Committee. Substitutions at
meetings of Sub-Committees will only be made from among the
membership of the Licensing Committee. **The Committee
has approved a scheme for substitution which permits any member of
the Licensing Committee to substitute at Sub-Committee meetings in
accordance with the wishes of the political group arranging the
substitution.
The Committee has also delegated to Officers the power to act on
its behalf in the circumstances set down in the tables below.
Licensing (Gambling and Licensing) Sub-Committee
Table of Delegations of Licensing Functions
|
Matter to be dealt with |
Full Committee |
Sub-Committee |
Officers |
|
Approval of Policy and annual review |
All cases |
|
|
|
Application for Personal Licence |
|
If a police objection is made |
If no objection made |
|
Application for Personal Licence, with unspent
convictions |
|
If a police objection is made |
If no objection made |
|
Application for Premises Licence/Club Premises
Certificate |
|
If a relevant representation is made |
If no relevant representation is made |
|
Application for Provisional Statement |
|
If a relevant representation is made |
If no relevant representation is made |
| Application to vary Premises Licence/Club Premises
Certificate |
|
If a relevant representation is made |
If no relevant representation is made |
|
Application to vary Designated Premises Supervisor |
|
If a police objection is made |
All other cases |
| Request to be removed as Designated Premises Supervisor |
|
|
All cases |
| Application for transfer of Premises Licence |
|
If a police objection is made |
All other cases |
| Application for interim authorities |
|
If a police objection is made |
All other cases |
| Application to review Premises Licence/Club Premises
Certificate |
|
All cases |
|
|
Decision on whether a complaint is irrelevant, frivolous,
vexatious, etc. |
|
|
All cases |
|
Decision to object when local authority is a consultee and
not the relevant authority considering the
application |
|
All cases |
|
|
Determination of a police objection to a Temporary Event
Notices |
|
All cases |
|
Gambling Act 2005 - Table of Delegations of Licensing
Functions
|
Matter to be dealt with |
Full Council |
Sub Committee |
Officers |
|
Three year licensing policy |
X |
|
|
|
Policy not to permit casinos |
X |
|
|
|
Fee Setting - when appropriate |
|
|
X
(to be approved by Cabinet Member) |
|
Application for premises licences |
|
Where representations have been received and not
withdrawn |
Where no representations received/ representations have been
withdrawn |
|
Application for a variation to a licence |
|
Where representations have been received and not
withdrawn |
Where no representations received/ representations have been
withdrawn |
|
Application for a transfer of a licence |
|
Where representations have been received from the
Commission |
Where no representations received from the
Commission |
|
Application for a provisional statement |
|
Where representations have been received and not
withdrawn |
Where no representations received/ representations have been
withdrawn |
|
Review of a premises licence |
|
X |
|
|
Application for club gaming /club machine permits |
|
Where representations have been received and not
withdrawn |
Where no representations received/ representations have been
withdrawn |
|
Cancellation of club gaming/ club machine permits |
|
X |
|
|
Applications for other permits |
|
|
X |
|
Cancellation of licensed premises gaming machine
permits |
|
|
X |
|
Consideration of temporary use notice |
|
|
X |
|
Decision to give a counter notice to a temporary use
notice |
|
X |
|
|
Consideration of an Occasional Use Notice |
|
|
X |
|
Designation of “authorised person”. |
|
|
X
|
|
Exchange of information between various persons/bodies listed in
the Act |
|
|
X |
|
Decision to initiate criminal proceedings. |
|
|
X |
|
Power to make Orders disapplying exempt gaming and the automatic
entitlement to gaming machines in relation to specified
premises. |
|
|
X |
|
Functions relating to the registration and regulation of small
society lotteries. |
|
|
X |
REGULATORY (ACCESS)
COMMITTEE
The Committee is granted delegated authority to exercise all the
Council’s powers and duties in respect of
(1) Modification Orders, Reclassification Orders and Public
Path Orders
(2) Commons Registration (including Town and Village
Greens)
*Note 1 – The Divisional Director - Environmental Services
(Deputy - Service Manager, Highways & Parking) has been
delegated general as well as specific responsibility in respect of
these functions
*Note 2 – The Committee’s delegated authority is framed in
such a way that it will be able, if appropriate, to deal with
matters other than strict “quasi-judicial” functions relating to
Public Rights of Way. This would, however, be within the
overall policy framework set by the Council.
Membership:
5 members of the
Council in the political proportion 2 Conservative; 2 Liberal
Democrat Members; and 1 Independent Group Member.
Chaired by nominee of the Independent Group
