Speakers Panel

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Council Constitution

Part 3a - Terms of Reference and Scheme of Delegation

4. The Speakers Panels

4.1 Speakers Panel (Planning)

4.1.1 Membership

When sitting as a Planning Panel, the Membership shall be comprised of all 14 Members but for other appeals shall be a lesser number and convened as and when necessary.

4.1.2 Chairs

One Chair and Two Deputy Chairs shall be appointed -

One Chair and One Deputy from the Controlling Group and
One Deputy Chair from the Opposition Groups.

4.1.3 Quorum

The quorum of the Speakers Panel shall three Members.

4.1.4 Terms of Reference

The Speakers Panel, appointed by the Council, and comprised of all 14 Members, shall have delegated powers to deal with the following:-

Planning

Within the framework of Council Policy, and having regard to the Development Plan, Local Development Documents, other planning guidance and development briefs approved by the Council, the Panel shall:-
1. consider and determine applications for permission required under legislation relating to development control, control of advertisements, tree and building preservation and conservation, hazardous substances consent, and Building Regulations, and to authorise the making of Orders and Agreements and the issue of Notices in connection with development control, building control, trees and listed buildings. All significant applications which would depart from Green Belt policy shall be referred to Council for determination. ‘Significant' will be defined by Chair and Deputy of the Panel and the Head of Planning, or in default of their agreement, by the Executive Leader and Chief Executive;
2. authorise in association with the granting of planning permission, the closure, diversion, creation or alteration of public highways and the making of Traffic Regulation Orders;
3. exercise, in association with the granting of planning permission, and whenever appropriate the Council's statutory powers, with specific regard to the making up of private streets to enable development to take place, at the expense of the developer, or the frontagers unless determined otherwise by the Full Council.
4. to determine applications for the implementation of Gating Orders under the Clean Neighbourhoods and Environment Act 2005 where objections have been received from persons or groups other than the statutory bodies defined in that Act.
A Panel of Members drawn from the Membership of the Speakers Panel shall have delegated power to deal with the following:-
Scrutiny - Dispute Resolution

To determine (following any dispute as to the authority of a Scrutiny Panel to consider a specific matter, and where the Borough Solicitor has exercised her/his absolute discretion in referring the dispute to this Panel) whether the Scrutiny Panel referred to has authority to consider such matter.

[See Terms of Reference of Scrutiny Panels]
Housing

To determine requests from residents affected by Inspection Programmes to be included in a Renewal Area that the Council purchases their properties in advance of any Clearance Area, such determination to be within budgetary constraints and criteria agreed by the Cabinet;
Education Services
1. The determination of appeals against the decisions of the Executive Director (Services for Children and Young People) relating to educational visits in this country and abroad or where hazardous activities are involved;
2. the determination of appeals against the decision of the Executive Director (Services for Children and Young People) to refuse an application for discretionary award to a student in further and higher education;
3. the determination of appeals against the decision of the Executive Director (Services for Children and Young People) in respect of the level of financial assistance to be made to students in further and higher education;
Highways Matters

The determination of Orders relating to strategic matters which are the subject of objections received during the public consultation process.
Neighbourhood and Community Services - Adult Services
1. Together with the Cabinet Deputy (Personal and Community Services) to Hear and Determine representations made under the Registered Homes Act 1984.
2. To hear and detemine appeals againts a decision of the Executive Director (Community Services) to withhold access to files.

4.2 Speakers Panel (Employment Appeals)

4.2.1 Members

The Speakers Panel (Employment Appeals) shall be comprised of a maximum of six members.

4.2.2 Quorum

The quorum shall be three members.

4.2.3 Terms of Reference

The Speakers Panel (Employment Appeals) shall have delegated powers within the framework of the council policy as follows:

Non-teaching staff.

To determine appeals relating to dismissal by any employee of the Council (other than the Chief Executive, Whose Right of appeal shall be to the Council);
Teaching Staff

To determine :-
1. appeals by teaching staff, not subject to the Local Management of schools against decisions of the Executive Director (Services for Children and Young People) in respect of dismissal.
2. appeals by Headteachers, not subject to the Local Management of Schools, againts disciplinary action by the Executive Director (Services for Children and Young People).

4.3 Speakers Panel (Licensing)

4.3.1 Membership

When sitting as Speakers Panel (Licensing) the Membership shall be comprised of a maximum of nine Members.

4.3.2 Chair

One Chair from the Controlling Group and one Deputy from the Opposition Groups.

4.3.3 Quorum

The quorum of Speakers Panel (Licensing) shall be three Members.

4.3.4 Terms of Reference

The Speakers Panel (Licensing), appointed by Council, shall have delegated powers within the framework of Council Policy to deal with the following:-

issue, refuse, vary, suspend, revoke, make standard conditions and/or make specific conditions, with regard to all licences other than those which are the responsibility of the Speakers Panel (Liquor Licensing) and registrations and permits where the Executive Director (Economy and Environment) has determined not to exercise her/his delegated powers;
vary licensing fees of individual applications;
on the application of an aggrieved party, to review any decision of the Executive Director (Economy and Environment) acting in conjunction with the Proper Officer for the registration of births, deaths and marriages etc., in accordance with the Marriage Act 1949 (as amended by the Marriage Act 1994) and the Marriages (Approved Premises) Regulations 1995.

4.4 Speakers Panel (Liquor Licensing)

4.4.1 Membership

The Membership shall be comprised of at least 10 and no more than 15 Members.

4.4.2 Chairs

The Speakers Panel (Liquor Licensing) will have one Chair and one Deputy from the Controlling Group subject to the rules of political balance.

4.4.3 Quorum

The quorum of Speakers Panel (Liquor Licensing) shall be three Members.

4.4.4 Terms of Reference

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), to deal with the following:-

to determine, vary, review and transfer Premises Licences;
to review a Premises Licence following a Closure Order issued by the police and the exercise of powers by a Magistrates' Court;
to vary the details of an individual specified in a Premises Licence as the designated Premises Supervisor;
to determine applications for, and renewal of, Personal Licences;
to determine, vary and review Club Premises Certificates;
to determine a Provisional Statement;
the conversion of existing Licences and Club Registration Certificates during the period of transition;
the grant of Personal Licences to the holder of an existing Justices' Licence during the period of transition;
the cancellation of an Interim Authority Notice following a police objection;
to review individual Personal Licences when convictions come to light after the grant or renewal of a Personal Licence;
to issue Counter Notices following a police objection to a Temporary Event Notice;
to determine Licences relating to the provision of pavement cafes within the Borough;
to determine applications for premises licences for the following activities: bingo; betting; adult gaming centres; family entertainment centres; casinos; horse racing and dog tracks;
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
to register and issue: small society lotteries; occasional and temporary use notices; and provisional statements.

Page last updated: 3 July 2009