| | Thursday 2nd February 2006, at 09:30 am |
| | Conference Room 3 Civic Centre |
| This meeting is open to the public | |
| | Members of the Committee |
| | Councillor Mrs Blatchford Councillor Mrs Bridle Councillor Cunio Councillor Darke Councillor Drake Councillor Galton Councillor Harris Councillor Horner Councillor Jackson Councillor Johnson Councillor Parnell Councillor Rayment Councillor Samuels Councillor Smith Councillor White |
| | Contact |
| | Democratic Support Officer Keith Turner Tel. 023 8083 2418 Email: keith.turner@southampton.gov.uk
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The agenda and papersare available online via City Web at www.southampton.gov.uk/council/meeting-papers
| PUBLIC INFORMATION | |
| Terms of Reference The Committee publishes and implements a statement of licensing policy. It appoints Sub-Committees to deal with individual licensing applications and associated matters for which the Council as Licensing Authority is responsible. | Smoking policy – The Council operates a no-smoking policy in all civic buildings. Mobile Telephones – Please turn off your mobile telephone whilst in the meeting. |
| Public Representations At the discretion of the Chair, members of the public may address the meeting about any report on the agenda for the meeting in which they have a relevant interest. | Fire Procedure – Should the fire alarm sound during the meeting leave the building by the nearest available exit and assemble in the Civic Centre forecourt car park. |
| · Tackling deprivation and inequality · Promoting Lifelong Learning for all people · Improving community safety and reducing crime and disorder · Improving the street scene and the environment · Promoting independent living | Access – Access is available for the disabled. Please contact the Democratic Support Officer who will help to make any necessary arrangements. Dates of Meetings: Municipal Year 2005/06 Meetings of the Committee are held as and when required |
| CONDUCT OF MEETING | |
| Terms of Reference | Business to be discussed |
| The terms of reference of the Licensing Committee are contained in Part 3 (Schedule 2) of the Council’s Constitution. | Only those items listed on the attached agenda may be considered at this meeting. |
| Rules of Procedure | Quorum |
| The meeting is governed by the Council Procedure Rules as set out in Part 4 of the Constitution. | The minimum number of appointed Members required to be in attendance to hold the meeting is 5. |
| Disclosure of Interests | |
| Members are required to disclose, in accordance with the Members’ Code of Conduct, both the existence and nature of any “personal” or “prejudicial” interests they may have in relation to matters for consideration on this Agenda. | |
| Personal Interests | |
| A Member must regard himself or herself as having a personal interest in any matter: | |
| (i) if the matter relates to an interest in the Member’s register of interests; or | |
| (ii) if a decision upon a matter might reasonably be regarded as affecting to a greater extent than other Council Tax payers, ratepayers and inhabitants of the District, the wellbeing or financial position of himself or herself, a relative or a friend or:- | |
| (a) any employment or business carried on by such person; (b) any person who employs or has appointed such a person, any firm in which such a person is a partner, or any company of which such a person is a director; (c) any corporate body in which such a person has a beneficial interest in a class of securities exceeding the nominal value of £5,000; or (d) any body listed in Article 14(a) to (e) in which such a person holds a position of general control or management. | |
| A Member must disclose a personal interest. | |
| Prejudicial Interests | |
| Having identified a personal interest, a Member must consider whether a member of the public with knowledge of the relevant facts would reasonably think that the interest was so significant and particular that it could prejudice that Member’s judgement of the public interest. If that is the case, the interest must be regarded as “prejudicial” and the Member must disclose the interest and withdraw from the meeting room during discussion on the item. | |
| It should be noted that a prejudicial interest may apply to part or the whole of an item. | |
| Where there are a series of inter-related financial or resource matters, with a limited resource available, under consideration a prejudicial interest in one matter relating to that resource may lead to a member being excluded from considering the other matters relating to that same limited resource. | |
| There are some limited exceptions. | |
| Note: Members are encouraged to seek advice from the Monitoring Officer or his staff in | |
| Principles of Decision Making | |
| All decisions of the Council will be made in accordance with the following principles:- | |
| · proportionality (i.e. the action must be proportionate to the desired outcome); · due consultation and the taking of professional advice from officers; · respect for human rights; · a presumption in favour of openness, accountability and transparency; · setting out what options have been considered; · setting out reasons for the decision; and · clarity of aims and desired outcomes. | |
| In exercising discretion, the decision maker must: | |
| · understand the law that regulates the decision making power and gives effect to it. The decision-maker must direct itself properly in law; · take into account all relevant matters (those matters which the law requires the authority as a matter of legal obligation to take into account); · leave out of account irrelevant considerations; · act for a proper purpose, exercising its powers for the public good; · not reach a decision which no authority acting reasonably could reach, (also known as the “rationality” or “taking leave of your senses” principle); · comply with the rule that local government finance is to be conducted on an annual basis. Save to the extent authorised by Parliament, ‘live now, pay later’ and forward funding are unlawful; and · act with procedural propriety in accordance with the rules of fairness. | |
| 1. | APOLOGIES |
| 2. | DISCLOSURE OF PERSONAL AND PREJUDICIAL INTERESTS |
| | In accordance with the Local Government Act, 2000, and the Council’s Code of Conduct adopted on 20th March, 2002, Members to declare any personal or prejudicial interests in any matter included on the agenda for this meeting. |
| | NOTE: Members are required, where applicable to complete the appropriate form recording details of any such interests and hand it to the Democratic Support Officer prior to the commencement of this meeting. |
| 3. | STATEMENT FROM THE CHAIR |
| 4. | MINUTES INCLUDING MATTERS ARISING |
| | To approve and sign as a correct record the minutes of the Licensing Committee held on 24th August 2005, attached. |
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| 5. | EXCLUSION OF THE PRESS AND PUBLIC |
| | Chair to move under Section 100 (A) (4) and (5) of the Local Government Act 1972, the press and the public will be excluded from the meeting in respect of any consideration of the appendix to item 6 on the grounds that it may involve the likely disclosure of exempt information as defined in Paragraph 8 of Part 1 of Schedule 12(A) of the Act. |
| 6. | |
| | Report of the Solicitor to the Council attached, to consider and determine a full licensing policy for street collections. |
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| 7. | |
| | Report of the Solicitor to the Council attached, outlining the case for reduction of the membership of the General Sub-Committee from six to three members and recommending that it be administered on the same lines as the 2003 Act Sub-Committee. |
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