Council Constitution

Part 2 - Articles of the Constitution

Article 11 - Speakers Panel (Liquor Licensing)

11.1 Regulatory and Non Executive Functions

The Speakers Panel (Liquor Licensing), appointed by Council, shall have delegated powers within the Framework of Council Policy and pursuant to Schedule 1 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 as set out in the Licensing Act 2003 (as amended) and the Gambling Act 2005 to deal with the following:-

1. to determine, vary, review and transfer Premises Licences;
2. to review a Premises Licence following a Closure Order issued by the police and the exercise of powers by a Magistrates’ Court;
3. to vary the details of an individual specified in a Premises Licence as the designated premises supervisor;
4. to determine applications for and renewal of Personal Licences;
5. to determine, vary and review Club Premises Certificates;
6. to determine a provisional statement;
7. the conversion of existing licences and Club Registration Certificates during the period of transition;
8. the grant of Personal Licences to the holder of an existing Justices’ Licence during the period of transition;
9. the cancellation of an Interim Authority Notice following a police objection;
10. to review individual Personal Licences when convictions come to light after the grant or renewal of a Personal Licence;
11. to issue Counter Notices following a police objection to a Temporary Event Notice;
12. to determine Licences relating to the provision of pavement cafes within the Borough;
13. to determine applications for premises licences for the following activities: bingo; betting; adult gaming centres; family entertainment centres; casinos; horse racing and dog tracks;
14. to determine permits for: gaming machines in alcohol licensed premises; gamine machines for members clubs; other gaming activities in members clubs; category D machines in unlicensed family entertainment centres; and prize gaming; and
15. to register and issue: small society lotteries; occasional and temporary use notices; and provisional statements.

11.2 Forms, Composition and Function

1. The Council will appoint the Membership of the Panel, consisting of at least 10 and no more than 15 Members, based on the rules of political balance.
2. No Executive Members may be a Member of the Speakers Panel (Liquor Licensing).
3. The Speakers Panel (Liquor Licensing) will have one Chair and one Deputy, who shall be from the Opposition Group subject to the rules of political balance.
4. Members on the Speakers Panel (Planning) made under Article 9 and 10 shall not serve on the Speakers Panel (Liquor Licensing) in the same Municipal Year

11.3 Information

The Speakers Panel (Liquor Licensing) shall have access to all Executive agendas and supporting documents and shall have the opportunity to intervene on procedural issues. Such intervention may include general advice, interpretation of the Council’s Standing Orders and Regulations or, subject to discussion with the Monitoring Officer and the Chair of Council Business, referral to the appropriate Scrutiny Panel.

11.4 Whipping

The Whip will not apply to any of the political groups or their respective Members on the Panel while they are taking part in Panel business.

Each political group shall present to the Chief Executive, each Municipal Year, a statement that demonstrates the necessary freedom of its Members from the whipping process on the Speakers Panel (Liquor Licensing).

11.5 Basis of Decision Making

1. Decisions by the Panel will be taken, and seen to be taken, in a non party political manner within the framework of the law, Council policy and the Constitution.
2. No political meetings shall take place.
3. Each Member of the Panel will act in accord with protocols and guidance that the Council may determine.