Issue - meetings

The Chairman in accordance with the provisions of the Constitution sought approval of the Council to vary the order of business and bring forward item 7c – Audit and Governance Committee 2 December 2021 - Minute No 57 - Report of the Constitution Review Working Group - Changes to the Constitution to deal with these recommendations first under item 7.  The Chairman explained that the reason for this was to allow Simon Goacher from Weightmans to respond to any relevant questions or issues relating to the revision of the Constitution.

The Council agreed by consensus to vary the order of business.

Item 7c - Audit and Governance Committee 2 December 2021 - Minute No 57 - Report of the Constitution Review Working Group - Changes to the Constitution

Councillor Beesley, Chairman of the Audit and Governance Committee presented the report on changes to the Constitution as set out on the agenda and referred Members to the recommendations. Councillor Beesley provided background explaining that this was the second set of recommendations from the Audit and Governance Committee on proposed changes to the Constitution.  He explained the process that had been undertaken culminating in the recommendations before the Council.  Councillor Beesley reported that the Constitution developed as part of Local Government Reorganisation coming into 2019 was undertaken at some pace so it was always anticipated that changes would be required, and the work undertaken by Officers to tidy up the Constitution was a benefit to all who use it on a regular basis.  Councillors were advised of how the review of the Constitution had been undertaken which included inviting interested parties at appropriate stages such as the Chair of the Licensing Committee, the Chair of Planning Committee, appropriate officers and the external challenge and advice on best practice sought from external solicitors Weightmans.  Councillor Beesley reported that the recommendations that had come forward were now for Council to consider, namely were they fit for purpose and should they be included in the Constitution.  Members were advised that there were other proposals coming through and Councillor Beesley confirmed that the Audit and Governance Committee would go through the same process over the next few months prior to submitting recommendations to Council.

Councillor Beesley took the opportunity of thanking Officers for the huge amount or work undertaken and in particular Richard Jones, Head of Democratic Services, Susan Zeiss, Monitoring Officer and Bob Hanton Senior Democratic and Overview and Scrutiny Officer.  He also reported on the work of the Constitution Review Work Group which had been hugely beneficial and detailed and that all options had been explored to enable the Council to consider the work that has gone into the proposals and the rationale.  Councillor Williams in seconding the move paid tribute to the cross-party Working Group.

Simon Goacher, Weightmans explained that he had been engaged by the Council and had been working with officers to review the recommendations and consider them against the legal requirements and best practice.  He reported that Weightmans advises a  ...  view the full minutes text for item 134

8a – Licensing Committee 16 September 2021 – Minute No 18 – Sex Establishment Policy

The Chairman confirmed that he had allowed 5 minutes for Councillor Judes Butt, Chairman of the Licensing Committee to present the recommendations on this issue.

Councillor Butt, Chairman of the Licensing Committee presented the report on the Sex Establishment Policy as set out on the agenda and outlined the recommendations.  Councillor Butt explained that this was the first BCP Council Sex Establishment Policy.  She reported on how the Policy had been developed to enable the regulation of the operation of any sex establishment within the BCP conurbation, including the legislative requirements, the comprehensive consultation with all relevant stakeholders at each stage and the chronological journey of the Policy to date.  The Chairman highlighted key aspects of the policy including public sector equality issues. On 29 June 2021 there had been an all Member briefing giving Members the opportunity to be informed about the policy raise questions and contribute to the process being followed.  The Chairman referred to the last meeting of the Licensing Committee in September which heard questions and statements from the Public and from Councillors.  She explained that the Committee had considered these and all the public feedback, dancer responses and the equality impact assessment which was referred to at every Member workshop to ensure a thorough and detailed consideration of all equality impacts. Councillor Butt reported that the equality impact assessment had been signed off by the Equality Assurance Panel a new step to ensure that the Council met its Statutory duties in full.  The Chairman reported that the policy demonstrated the Council’s compliance with the Public Sector Equality duty. Councillor Butt explained that the Licensing Committee has comprehensively discussed and interrogated the report and appended policy and had amended and improved it throughout its journey.  Members were informed that on 16 September 2021 the Committee agreed the final amendments to the policy which were set out in detail in the report at 8 (a).  Councillor Butt referred to the proposal relating to the retention of CCTV footage to amend from 31 to 90 days.  However, this was subject to a further amendment agreed by all Members of the Licensing Committee that the retention of CCTV footage should be amended back to 31 days and not 90 days.  Councillor Butt explained that the reason for the amendment was although in theory it was a good idea, officers had subsequently received further advice that this change goes against the principles of GDPR and the guidance issued by the Information Commissioners Office (ICO), which states that personal information should be deleted as soon as practical. For domestic users this was 14 days and for commercial users this was 31 days. Members were informed that Officers had spoken to the BCP Council’s CCTV manager and the Crime Prevention Officer for Dorset Police and they had both confirmed that they agree that 31 days was reasonable and any longer would breach ICO rules. Members were  ...  view the full minutes text for item 122