Regulatory and Appeals Committee

Terms of Reference 1. The Council’s licensing and regulatory functions in so far as they are non-executive functions and except (i) those licensing functions defined in the Licensing Act 2003 and Gambling Act 2005 (for which see Part 3.5A) and (ii) the licensing of sexual entertainment venues. 2A. Appeals against decisions of the Chief Executive of Your Homes Newcastle which he or she considers should be determined by the Committee e.g. because the case involves:- • unusual circumstances; or • raises points of principle or policy which are not covered by existing guidelines; or • otherwise involves important or significant issues. B. Reviews of any decision to seek possession of a dwelling let under an Introductory Tenancy where the reason for the decision is not based solely on rent arrears. 3A. All aspects of the Local Government Finance Acts 1988 and 1992 in so far as they relate to Council Tax and non-domestic rates. B. Issues connected with the following: - 1.1. Applications for additional Council tax rebate (Council Tax Benefits Regulations 1992) 1.2. Determinations of entitlement to charitable relief in respect of non-domestic rates (Sections 43 and 45 of the Local Government Finance Act 1988). 1.3. Applications for Discretionary Relief of Rates (Section 47 of the Local Government Finance Act 1988) 1.4. Applications for Reduction or Remission of Rates (Section 49, Local Government Finance Act 1988) 1.5. To approve rebate for a period before the date on which a claim is, or is treated as, made in circumstances where there is good cause for failure to make the claim at an earlier date (Regulation 60(18) Council Tax Benefit (General) Regulations 1992) 4A. Corporate disputes (at final stage of procedure for individual grievances or collective disputes as part of joint panel). B. Disciplinary appeals (final stage only). 5A. To consider any objections or representations received in respect of a proposed traffic regulation decision and to make appropriate recommendations to the decision maker in light of those objections or representations. B. Where there is a public right to object to a proposed traffic regulation decision, any objections received will normally be reported to the Committee for its consideration unless there are exceptional circumstances which in the decision maker’s opinion, after consultation with the Chair of the Committee, make it unreasonable or impracticable to report them to the Committee prior to a decision being made. Where there is no right to object to a proposed traffic regulation decision, but nevertheless representations are received in respect of it, it will be for the judgement of the decision maker as to whether those representations are reported to the Committee. It is not anticipated that any representations about temporary traffic regulation orders will be reported to the Committee. C. “Traffic regulation decisions” include decisions made under the Road Traffic Regulation Act 1984 and any associated decisions (e.g. regarding road humps under the Highways Act 1980). 6. To deal with all other appeals and/or consider objections/representations in respect of decisions made or proposed to be made by the Council where a Delegated Officer decides to refer the matter to the Committee. e.g. Blue Badges Delegations 7. To exercise the non-executive function listed in the first column of Table 3.2 by reference to the statutory provision in the second where “R” appears in thethird column in relation to that function. 8. To exercise the local choice functions designated as non-executive functions listed in the first column of Table 3.1 where “R” appears in the third column in relation to that function. N.B. This Committee will meet as an advisory panel when it is dealing with matters under 5A, B or C above. Because it will be dealing with executive functions, it will be making recommendations to the relevant Delegated Officer.