Agenda item

The Council had before it a report by the Chief Officer - Governance which presented the annual review of the Scheme of Governance and made recommendations for improvement.

 

The report recommended:-

that the Council -

(a)           approve Appendix A, the introduction to the Scheme of Governance, with effect from 1 April 2021;

(b)           approve Appendix B, Committee Terms of Reference, with effect from 1 April 2021;

(c)           approve Appendix C, Powers Delegated to Officers, with effect from 1 April 2021;

(d)           approve Appendix D, Standing Orders for Council, Committee and Sub Committee Meetings, with effect from 1 April 2021;

(e)           approve Appendix E, Financial Regulations, with effect from 1 April 2021;

(f)             approve Appendix F, Procurement Regulations, with effect from 1 April 2021;

(g)           approve Appendix G, Member - Officer Relations Protocol, with effect from 1 April 2021; and

(h)           agree to disband the Special Licensing Objections Committee with immediate effect as outlined in paragraphs 4.7.2 and 4.7.3 of the report.

 

Councillor Houghton moved, seconded by Councillor Malik:-

          That the Council –

(1)       approve recommendations (a), (d), (e), (f) and (g) as contained within the report;

(2)       in relation to Appendix B, Committee Terms of Reference, approve the appendix with effect from 1 April 2021, subject to deletion of the proposed addition to the Terms of Reference for the Audit, Risk and Scrutiny Committee in relation to business continuity planning (1.1 on page 72) and therefore retains business continuity planning within the Terms of Reference for the Public Protection Committee;

(3)       in relation to Appendix C, Powers Delegated to Officers, approve the appendix with effect from 1 April 2021 subject to the following amendments:-

 

·       General Delegations to Chief Officers - number 4 (page 96) - replace with the following:-

 

To offer services of staff to other local authorities, public bodies or statutory bodies in emergencies where the protection of the public is at risk or where such services are otherwise deemed by the Chief Executive to be essential in the circumstances and thereafter report the matter to a future meeting of committee detailing the costs and circumstances of such action.

 

·       General Delegations to Chief Officers - number 43 (pages 99 and 100) - retain the status quo; and

(4)       agree to retain the Special Licensing Objections Committee and approves the Terms of Reference attached to this motion.

 

SPECIAL LICENSING OBJECTIONS COMMITTEE - TERMS OF REFERENCE

 

PURPOSE OF COMMITTEE

 

To consider whether the committee should submit an objection or representation to an application for a premises licence or occasional licence.

 

REMIT OF COMMITTEE

 

The Committee will hear from elected members who wish for an objection or representation to be lodged against any application for a premises licence or an occasional licence.

 

PROCESS

 

1.1 A meeting of the Committee will be called by the Chief Officer - Governance on the instruction of the Convener, if the Convener is satisfied that the request by an elected member for the Committee to be convened is competent. A request will be deemed competent if the proposed objection or representation relates to the sale of alcohol and is based on one of the licensing objectives.

 

1.2 Where practicable, Members of the Committee will be invited to attend a short training session on licensing objectives prior to the commencement of the Committee.

 

1.3 The elected member who asked for the Committee to be called will set out their reasons for the proposed objection or representation, which should be based on licensing objectives.

 

1.4 If the Committee determines to submit an objection or representation to a premises or occasional licence, this will be lodged in the name of the Convener of the Committee, unless the Convenor determines otherwise, in which case it will be lodged in the name of the elected member who requested for the Committee to be convened.

 

Executive Lead: Chief Officer - Governance

 

 

Councillor Alex Nicoll moved as an amendment, seconded by Councillor Yuill:-

          That the Council -

(1)       approve recommendations (a), (b), (c), (e), (f) and (g) contained within the report;

(2)       in respect of recommendation (d), Appendix D - Standing Orders for Council, Committee and Sub Committee meetings, approve the appendix subject to (a) not accepting the proposed addition to Standing Order 29.5, and therefore retaining the status quo; and (b) replacing Standing Orders 34.1 and 40.2 with the following:

 

34.1   “Immediately following a vote at Committee or Sub Committee, one third of the membership of the Committee or Sub Committee may refer the matter to the Council, a Committee or Sub Committee for a decision (see Glossary for calculation).”  [Removal of the Convener’s ability to determine otherwise].

 

40.2   “Meetings will not last longer than six hours or continue beyond 7pm.  Where Standing Order 40 is suspended and there has been no break in proceedings, there shall be a break in proceedings of no shorter than 20 minutes before the meeting goes beyond six hours.”  [Requirement to suspend Standing Order 40 in order for meetings to last longer than six hours];

 

(3)      agree to retain the Special Licensing Objections Committee and approve the Terms of Reference attached to this amendment; and

(4)      authorise the Chief Officer - Governance to amend the Scheme of Governance as necessary to take account of the decisions at the Council budget meeting scheduled for 10 March 2021.

 

 

SPECIAL LICENSING OBJECTIONS COMMITTEE - TERMS OF REFERENCE

 

PURPOSE OF COMMITTEE

 

To consider whether the committee should submit an objection or representation to an application for a premises licence or occasional licence.

 

REMIT OF COMMITTEE

 

The Committee will hear from elected members who wish for an objection or representation to be lodged against any application for a premises licence or an occasional licence.

 

PROCESS

 

1.1 A meeting of the Committee will be called by the Chief Officer - Governance on the instruction of the Convener, if the Convener is satisfied that the request by an elected member for the Committee to be convened is competent. A request will be deemed competent if the proposed objection or representation relates to the sale of alcohol and is based on one of the licensing objectives.

 

1.2 Where practicable, Members of the Committee will be invited to attend a short training session on licensing objectives prior to the commencement of the Committee.

 

1.3 The elected member who asked for the Committee to be called will set out their reasons for the proposed objection or representation, which should be based on licensing objectives.

 

1.4 If the Committee determines to submit an objection or representation to a premises or occasional licence, this will be lodged in the name of the Convener of the Committee, unless the Convenor determines otherwise, in which case it will be lodged in the name of the elected member who requested for the Committee to be convened.

 

Executive Lead: Chief Officer - Governance

 

 

On a division, there voted:-

 

For the motion  (22)  -  Lord Provost; Depute Provost; and Councillors Allan, Bell, Boulton, Cross, Lesley Dunbar, Duncan, Graham, Grant, Houghton, Imrie, John, Laing, Lumsden, Macdonald, MacKenzie, Malik, Mason MSP, Reynolds, Sellar and Wheeler.

 

For the amendment  (22)  -  Councillors Al-Samarai, Allard, Alphonse, Cameron, Cooke, Copland, Cormie, Delaney, Jackie Dunbar, Greig, Henrickson, Hutchison, MacGregor, McLellan, McRae, Mennie, Alex Nicoll, Audrey Nicoll, Noble, Radley, Townson and Yuill.

 

There being an equality of votes, in terms of Standing Order 32.7 the Lord Provost exercised his casting vote in favour of the motion.

 

The Council resolved:-

to adopt the motion.