Issue - meetings

Division/Wards Affected: All

Purpose: To seek approval from members to set an appropriate fee structure and scheme of delegated authority for the Public Health (Wales) Act 2017 ("the Act") in respect of special procedure licensing.

The question of whether a function is an executive function [i.e. one for Cabinet] or a Council function of the Licensing Committee, is determined by either the relevant legislation itself or by the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007, made by Welsh Government.

In this instance the Act specifically delegates certain functions to the Licensing Committee [established under Section 6 of the Licensing Act 2003], whilst being silent on other functions. This means that by virtue of Section 13 of the Local Government Act 2000, where the Act is silent, the function by default becomes the responsibility of an Executive under a local authority's executive arrangements.

Author: Linda O’Gorman, Principal Licensing Officer

Contact Details: lindaogorman@monmouthshire.gov.uk

To approve the fees set out in Section 3.8 of this report below.

To approve the Scheme of Delegation set out in Section 3.9 to 3.11 of this report below.