The Council has responsibility for all non Executive functions. Functions which have not been delegated remain the sole responsibility of the Council.

1. To adopt and approve amendments to the policy and budget framework.
2. Adopting and changing the Constitution; this includes financial transactions, accounting, tenders and the publication and availability of information.
3. Approving or adopting the policy framework and the budget; This is set out in Article 3 of the Constitution.
4. Subject to the urgency procedure contained in the Access to Information Procedure Rules in Part 4 of this constitution, making decisions about any matter in the discharge of an executive functions which is covered by the policy framework budget where the decision maker is minded to make it in a matter which would be contrary to the policy framework or contrary to/or not wholly in accordance with the budget,
5. To appoint the Leader;
6. To appoint (following recommendations by the Leader) and dismiss the Executive;
7. Agreeing and/or amending the terms of reference for Committees, deciding on their composition and making appointments to them;
8. Appointing representatives to outside bodies unless the appointment is an executive function or has been delegated by the Council;
9. Changing the name of the area, conferring the title of Honorary Alderman or Freeman of the Borough;
10. To adopt the Codes of Conduct for Members and Officers
11. To adopt a Members' Allowances Scheme, after considering the report of the Independent Members Allowances Panel.
12. To appoint the Head of the Paid Service and Returning Officer.
13. To resolve any matters requiring Member involvement, relating to local elections, electoral registration, revisions of electoral boundaries, orders in respect of parishes and related matters pertaining to the Borough or Parish Councils.
14. Making, amending, revoking, re-enacting or adopting bylaws and promoting or opposing the making of local legislation or personal Bills;
15. All local choice functions set out in Part 3 of the constitution which the Council decides should be undertaken by itself rather than the Executive
16. To make arrangements for the discharge of functions by officers under section 101 of the Local Government Act 1972.
17. All other matters which, by law, must be reserved to Council.

To make decisions under the Town and Country Planning Act 1990 (as amended) and Planning (Listed Buildings and Conservation Areas) Act 1990:

• (a) Refusals.
• (b) The granting of permission, or approval.
• (c) Applications for listed building and conservation area consent.
• (d) Resolution to make and confirm tree preservation orders.
• (e) Orders under Section 215 relating to maintenance of waste land and resolution to prosecute for non-compliance with an order.
• (f) Resolution to serve enforcement notices and listed building enforcement notices and service of "stop notices", or resolution to prosecute in the case of failure to comply with any type of confirmed order.
• (g) Resolution to serve a repairs notice and to carry out urgent works to preserve listed buildings under Sections 48 and 54 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
• (h) Resolution to prosecute for the unauthorised display of advertisements.
• (i) Agreements under Section 106 of the Town and Country Planning Act 1990 (as amended).
• (j) Notices under Section 79 of the Building Act 1984. (Minute Nos. 404/7/85 and 443/9/87)
• (k) To respond to consultations on County Matter applications and on all other consultations for developments to be carried out by and/or determined by other Authorities, Agencies or Government Departments.
• (l) The determination of applications for development to be carried out by the Borough Council.
• (m) To resolve to make an Article 4 Direction.
• (n) To resolve to make an 'Area of Special Control' under the Advertisement Regulations.
• (o) To resolve to secure the preservation of a building under Sections 3 and 4 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or such other relevant legislation as may be enacted hereafter.
  (p) To resolve to revoke a planning permission.
• (q) To resolve to accept a Purchase Notice.
• (r) To resolve to serve a discontinuance order
• (s) To determine other related planning matters including conservation, tree preservation, advertisement control, building preservation and functions the subject of agency.
• (t) To resolve to designate a Conservation Area and to review existing designations.

Note

1. that in cases where the Committee is minded to make a decision that would be contrary to officer recommendation and contrary to policy and/or guidance, determination of the application should be deferred to the next meeting of the Committee. At that next meeting, the Head of Development Services should advise Members of the prospects of such a decision if challenged on appeal and if it becomes the subject of an application for costs.
2. that in cases where the Committee determines an application contrary to officer recommendation, a full record should be made of the reasons for rejecting the recommendation.

1. To determine applications for the grant of liquor related licences under the provisions of the Licensing Act 1976 and the Licensing Act 2003.
2. To determine applications for the grant, renewal or transfer of Licences for Sex Establishments in accordance with the approved policy.
3. To determine applications for the grant or renewal of public entertainment licence applications in accordance with the approved policy.
4. To undertake the Council's quasi-judicial functions relating to licensing under any enactment where such functions are not delegated to Officers. (Minute No. 539/11/01)
5. To settle the draft Licensing Policy Statement under the Licensing Act 2003 and to submit for public consultation, to recommend Statement after consultation to the Council.
6. To administer the provisions of the Licensing Act 2003 after the first appointment date.
7. To operate under the Management Arrangements set out in the approved Licensing Policy.

Licensing Act:

1. Application for a personal licence if objection made.
2. Application for a personal licence where a person has unspent convictions - all cases.
3. Application for a premises/club premises licence if a representation is made.
4. Application for a provisional statement if representation is made.
5. Application to vary the DPS if the police object.
6. Application for the transfer of premises licence if the police object.
7. Application for interim authority if the police object.
8. Application to review a premises/club premises licence - all cases.
9. Decision to object when the Council is a consultee and not the Licensing Authority.
10. Application for a temporary event notice when the police object.

Gambling Act:

1. Application for a premises licence where representations have been received.
2. Application to vary a premises licence where representations have been received.
3. Application to transfer a licence where representations have been received.
4. Application for a provisional statement where representations have been received.
5. Review of a premises licence.
6. Application for club gaming machine permits where representations have been received.
7. Cancellation of a club gaming machine permit.
8. Application for more than 4 gaming machine permits in a licensed premises.

1. Consider the effectiveness of the authority’s risk management arrangements, the control environment and associated antifraud and anti-corruption arrangements.
2. Seek assurances that action is being taken on risk-related issues identified by auditors and inspectors.
3. Be satisfied that the authority’s assurance statements, including the Statement on Internal Control, properly reflect the risk environment and any actions required to improve it.
4. Approve (but not direct) internal Audit’s strategy and Annual Audit Plan and monitor performance against them.
5. Review summary internal audit reports and the main issues arising, and seek assurance that action has been taken where necessary.
6. Receive the annual report of the Head of Internal Audit
7. Consider the reports of external audit and inspection agencies.
8. Ensure that there are effective relationships between external and internal audit, inspection agencies and other relevant bodies, and that the value of the audit process is actively promoted.
9. Review the financial statements, external auditor’s opinion and reports to Members, and monitor management action in response to the issues raised by external audit.
10. Approve the Annual Statement of Accounts.
11. Present an annual report to the Executive on exceptions and highlights throughout the year.

• (a) To promote and maintain high standards of conduct by Councillors and Co-opted Members;
• (b) To assist Councillors and Co-opted Members to observe the Members' Code of Conduct;
• (c) To advise the Borough and Parish Councils on the adoption, and amendment of Local Codes of Conduct;
• (d) To monitor the operation of the Members' Code of Conduct;
• (e) To grant dispensations to Councillors and Co-opted Members from requirements relating to interests as set out in the Members' Code of Conduct;
• (f) To act as the Council's interface with the Standards Board for England and to consider any reports from a case tribunal or interim case tribunal, and any report from the Monitoring Officer on any matter which is referred by an Ethical Standards Officer to the Monitoring Officer;
• (g) (a) to (f) apply to Parish Councils in the Borough and the members of those Parish Councils'
• (h) To monitor and keep under review the corporate complaints procedures and complaints related to Councillors, Co-opted Members or to Officers' conduct;
• (i) To monitor and promote protocols and standards of behaviour for Councillors, Co-opted Members and Officers of the Borough Council;
• (j) To monitor and review procedures for Councillors' Co-opted Members and Officers relating to working arrangements with outside organisations;
• (k) To monitor and review procedures for Councillors, Co-opted Members and Officers relating to the acceptance of gifts and hospitality and the declaration of interests.
• (l) To receive a report on a quarterly or six monthly basis on the meeting attendance levels of each Councillor.
• (m) To keep under review local protocols/operating framework for the consideration of complaints and assessment criteria.

1. To consider allegations of failure to observe the relevant Code of Conduct for Members by any member(s) of Swale Borough Council and of town and parish councils within Swale Borough, with delegated powers to:
   • a) Refer the allegation to the Monitoring Officer for investigation;
   • b) Refer the allegation to the Standards Committee of another relevant authority;
   • c) Refer the matter to the Standards Board for England;
   • d) Refer the allegation to the Monitoring Officer for action short of formal investigation and adorn consideration of the allegation until completion of such action; or
   • e) Decide that no action should be taken in respect of the allegation.
2. To consider allegations of failure to observe any local protocol adopted by Swale Borough Council by any member(s) or members of Swale Borough Council with delegated powers to:
   • a) Refer the allegation to the Monitoring Officer for investigation;
   • b) Refer the allegation to the Monitoring Officer for action short of formal investigation and adjourn consideration of the allegation until completion of such action; or
   • c) Decide that no action should be taken in respect of the allegation.
3. To make recommendations to the Standards Committee to secure improved standards of conduct and to secure the effective handling of allegations of misconduct by members of Swale Borough Council and of town and parish council within Swale Borough.

1. To consider any request received within the specified time period from the complainant to review the Standards Referrals Sub Committee decision that no action should be taken in respect of allegations of failure to observe the relevant Code of Conduct for Members, by any member(s)of Swale Borough Council and of town and parish councils within Swale Borough, or any local protocol adopted by Swale Borough Council, with delegated powers to:
   • a) Refer the allegation to the Monitoring Officer for investigation;
   • b) Refer the allegation to the Standards Committee of another relevant authority;
   • c) Refer the matter to the Standards Board for England;
   • d) Refer the allegation to the Monitoring Officer for action short of formal investigation and adjourn consideration of the allegation until completion of such action; or
   • e) Decide that no action should be taken in respect of the allegation

1. To make recommendations to Council on matters relating to the Council's responsibilities in respect of Hackney Carriage and Private Hire Vehicles. (Minute No. 538/11/01)
2. To consider the further issues and implications of the possible introduction of a transport token/voucher scheme. (Minute No. 283/9/01)

1. To lead the formulation of the policy framework and preparation of the budget, including the setting of fees and charges.
2. To take in year decisions on resources and priorities to deliver and implement the budget and policies decided by the Council.
3. To consider and make recommendations to the Council on the political and supporting staffing structure needed to meet the Council's objectives and Government requirements.
4. To lead the community planning process with input from scrutiny, area forums and other persons as appropriate.
5. To make decisions which involve a recommendation to Council (including budget and policy proposals).
6. To take Key Decisions.
7. To monitor progress on key tasks.
8. To receive and respond to reports from Scrutiny Panels; the Monitoring Officer; the Chief Finance Officer; the Audit Commission; the Performance Board or recommendations from Council.
9. To consider reports from Officers which have been agreed by Directors and identified as an item to be considered by the full Executive.
10. To consider annual reports from the Audit Committee.

Can take decisions within their respective portfolio areas except for the following:

1. Key Decisions
2. Decisions which are outside the policy and budget framework (ie, are a recommendation to Council for approval)
3. Decisions which cut across two or more portfolios
4. Proposals for new or amended policies or strategies. Individual members can ask for the decision to be referred to the Full Executive is they wish, for example it may be potentially controversial. Executive Members should consider the advice of the Monitoring Officer as to whether the matter should be considered by the full Executive rather than an individual member.

To make recommendations to the Executive relating to the making and adoption of the Local Development Framework*.

(*The Executive will make recommendations to the Council on these matters.)

1. To consider
   1. (i) capital and revenue funded works programmes
   2. (ii) traffic regulation orders
   3. (iii) street management proposals and provide advice on these matters to the relevant Executive as appropriate.
2. Be a forum for consultation between KCC and SBC on policies, plans and strategies related to highways, road traffic and public transport.
3. Review the progress and out-turn of works and business performance indicators.
4. Recommend and advise on the prioritisation of bids for future programmes of work.
5. Receive reports on highways and transportation needs within SBC.

1. To provide an appropriate forum for public participation and consultation on matters relating to their area.
2. To consider and champion the needs of rural communities and businesses within the context of:
   1. (i) The policies and services of statutory and non-statutory agencies operating within or on behalf of Swale.
   2. (ii) Community and economic regeneration activity impacting upon Swale.
3. To consider Rural proof" relevant policy documents and statements made at a local, County, regional and national level and, where appropriate, respond to them.
4. To identify issues impacting upon relevant communities and organisations and seek their views about those issues.
5. To draw together, through partnership working, existing available resources to pursue projects to the benefit of rural communities, businesses and other organisations.
6. To identify, promote and obtain external funding (including LEADER+) and forms of support available to rural communities, businesses and organisations and to support projects to the benefit of rural communities and businesses.

1. To be a partnership for the borough where everyone feels they belong, knows how to and where to make their voice heard, make a difference and create a cohesive active and sustainable community.
2. To enable locally elected representatives, as leaders of their communities, to engage with and respond to local communities needs.
3. To create opportunities for residents to gain a greater voice and influence over local services, to improve the quality of their lives, their neighbourhoods and the borough.

1. To ensure the delivery of the JWMC strategy and objectives and vision for Kent.
2. Provide a platform for cooperative and joint working to improve or deliver services.
3. Act as a single voice for strategic waste issues for Kent local authorities and to influence central government and other bodies as necessary to key strategic waste issues.
4. To increase awareness of waste as a resource and to interact with other stakeholders to promote waste minimisation and achieve an economically, environmentally and socially sustainable waste strategy.
5. To work with and support as required statutory agencies, non governmental organisations, small and medium sized enterprises, business, scientific and commercial organisations and other bodies who are in pursuit of developing, supporting and influencing the future direction of sustainable waste/resource management.

1. To monitor and review corporate performance, exploring and realising opportunity for improvement in service delivery and efficiency for our customers.
2. To assess and manage strategic risks that might impact on the achievements of critical success factors and delivery of improvement.
3. To approve the allocation of IEG (Implementing e-Government) Funds. (The Performance Board will report directly to the Executive, with any matters being referred to the Audit Committee.)