Agenda and minutes

Council - Monday, 26th April, 2021 6.30 pm

Venue: Virtual Meeting - Zoom

Media

Items
No. Item

122.

Apologies

Minutes:

Apologies for absence had been received from Honorary Alderman Tormey and Stott.

123.

Disclosures of Pecuniary and Personal Interests

Minutes:

The following disclosures of pecuniary and personal interests were made:

 

      i.        By Councillor Miah – a personal interest in item 6.1 on the agenda (Review of the Statement of Licensing Policy) as a license holder, issues by Charnwood Borough Council.

124.

Minutes of the Previous Meeting pdf icon PDF 314 KB

To confirm the minutes of the Council meeting held on 22nd February 2021.

Minutes:

The minutes of the meeting of Council held on 22nd February were confirmed and signed.

125.

Announcements

126.

Mayor's Announcements

 

 

To receive announcements from the Mayor (if any).

Minutes:

Councillor Hadji-Nikolaou joined the meeting at 6:40pm.

 

The Mayor made the following announcements:

 

HIS ROYAL HIGHNESS PRINCE PHILIP, DUKE OF EDINBURGH

 

“First of all, following the announcement about the passing of His Royal Highness The Prince Philip, Duke of Edinburgh a letter and message of condolence  was sent to Buckingham Palace expressing that the  Mayor, Councillors and Officers of Charnwood Borough Council were deeply saddened by the sad news and  our thoughts and prayers were with Her Majesty The Queen and all members of the Royal Family.  

 

A response has been received from Buckingham Palace thanking us for the letter and expressing that they have taken some consolation from the many warm tributes to Prince Philip, reflecting the broad span His Royal Highness’s endeavours and interests both in this country and further afield.

 

The Duke of Edinburgh selflessly served our country for so many years and earned the respect of not just this nation, but of those around the world. It would be difficult to measure the impact he has had on the many people’s lives he touched, both personally and professionally. The Duke was always so happy and interested in everyone every time he visited the borough.

 

His memory will live on, especially through the Duke of Edinburgh Awards Scheme, which has benefitted so many young people across the world, along with all his other patronages.

 

The Council opened its own virtual book of condolence for residents of the borough, which will be archived locally.”

 

The Council then observed a one-minute silence as a mark of respect for His Royal Highness, Prince Philip, Duke of Edinburgh.

 

EAST MIDLANDS REGIONAL COUNCILLOR DEVELOPMENT CHARTER REACCREDITATION

 

“Secondly, I am pleased to announce that the Council has been successfully re-accredited against the East Midlands Regional Councillor Development Charter.  The Council was first awarded the Charter a decade ago and is re-accredited ever 3 years. 

 

A feedback session with the assessors and the Lead Member for Strategic Support will be conducted shortly and we await the final report.

 

It is a great accolade that we have been recognised for our ongoing commitment and investment in Councillors growth and development, even in these challenging times.   It is vital that councillors have the knowledge and skills to effectively fulfil their roles and to meet the challenges ahead, and I am glad that the commitment made by the Council, both its councillors and its officers, has been recognised.”

127.

Leader's Announcements

 

 

To consider significant, recent matters affecting the Council or the Borough (if any).

Minutes:

There were no Leader’s announcements.

128.

Chief Executive's Announcements

 

 

To receive announcements from the Chief Executive (if any).

Minutes:

The Chief Executive made no announcements.

129.

Petitions

To allow councillors to formally submit petitions for consideration under the Council’s petition scheme, as set out in Full Council Procedure 9.8.

Minutes:

Councillor Morgan presented a petition submitted on behalf of residents in his ward in respect of a footpath in the Outwoods.

130.

Business Reserved to Council

To consider the following matters reserved to Council in accordance with Section 5 of the Constitution:

131.

Review of the Statement of Licensing Policy pdf icon PDF 187 KB

 

A report of the Licensing Committee to considera revisedStatementofLicensingPolicy, in respect of the Cumulative Impact Zone, madeundertheLicensingAct 2003,followingconsideration by the LicensingCommitteeandpublicconsultation.

Additional documents:

Minutes:

Councillor Bentley joined the meeting at 6:49pm.

 

A report of the Licensing Committee to consider a revised Statement of Licensing Policy, in respect of the Cumulative Impact Zone, made under the Licensing Act 2003, following consideration by the Licensing Committee and public consultation (item 6.1 on the agenda filed with these minutes).

 

It was proposed by Councillor Lowe, seconded by Councillor Pacey, and

 

RESOLVED that the Statement of Licensing Policy made under the Licensing Act 2003, set out in Annex A to this report, be approved and adopted.

 

Reason

 

To ensure that the Council has an up to date Statement of Licensing Policy to adhere to which sets out the Council’s policy in respect of liquor licensing, including the Special Policy Cumulative Impact Zone (CIZ) (required to be reviewed on a three yearly basis), that meets the licensing objectives and complies with the requirements of the Licensing Act 2003.

132.

Annual Review of the Council's Constitution pdf icon PDF 270 KB

 

A report of the Cabinet to consider proposed amendments to the Constitution following the annual review.

Additional documents:

Minutes:

A report of the Cabinet to consider proposed amendments to the Constitution following the annual review (item 6.2 on the agenda filed with these minutes).

 

An amendment to the recommendation was requested by Councillor Smidowicz, such that the changes to the delegations to the Head of Planning and Regeneration set out in item 4 to the appendix of the report of the Monitoring Officer not be made but would be considered at a future meeting of the Council.  

 

It was proposed by Councillor Smidowicz, seconded by Councillor Shepherd, and

 

RESOLVED that the changes to the Constitution set out in Appendix 1 to the report of the Monitoring Officer (attached as an Annex) be made, to be effective from 1st May 2021, subject to the amendment that the changes to the delegations to the Head of Planning and Regeneration, set out in item 4 to the appendix of the report of the Monitoring Officer, not be made but would be considered at a future meeting of the Council.  

 

Reason

 

To ensure the Constitution is kept up to date and fulfils its intended purposes.

133.

Scrutiny Committee Structure pdf icon PDF 347 KB

 

A report of the Scrutiny Commission to present proposals for a new scrutiny committee structure. 

Additional documents:

Minutes:

A report of the Scrutiny Commission to present proposals for a new scrutiny committee structure (item 6.3 on the agenda filed with these minutes).

 

It was proposed by Councillor Seaton, seconded by Councillor Ranson, and

 

RESOLVED

 

1.    That the current scrutiny committee structure set out in the Constitution be replaced with the following committees as from the commencement of the 2021/22 civic year:

 

·  Scrutiny Commission (consisting of 7 members selected on a politically balanced basis, quorum to be 4 members),

 

· Finance and Performance Scrutiny Committee (consisting of 9 members selected on a politically balanced basis, quorum to be 5 members).

 

2.    That the overall areas of responsibility for each of the new scrutiny committees be as summarised in Part B of the report of the Monitoring Officer (attached as Annex).

 

3.    That delegated authority be given to the Monitoring Officer to make any consequential amendments to the Constitution that may be required.

 

4.    That it be noted that the Monitoring Officer will request that the Independent Remuneration Panel consider the special responsibility allowances for the Chair and Vice-chairs of the two committees, and that appropriate recommendations will then be made to Council to amend the Scheme of Member Allowances accordingly.

 

 

Reasons

 

1 - 3.  To implement a new scrutiny committee structure following the review that has been undertaken.

 

4.    To ensure that the Scheme of Member Allowances is kept up to date and relevant.

134.

Annual Scrutiny Report 2019-21 pdf icon PDF 188 KB

 

A report of the Scrutiny Commission to consider the Annual Scrutiny Reports for 2019/20 and 2020/21.

Additional documents:

Minutes:

A report of the Scrutiny Commission to consider the Annual Scrutiny Reports for 2019/20 and 2020/21 (item 6.4 on the agenda filed with these minutes).

 

Councillor Hamilton recognised the full programme of work that had been undertaken by the Scrutiny Commission throughout the Covid-19 Pandemic.

 

Councillor Seaton thanked members of the Scrutiny Commission for their commitment over the past year.

 

It was proposed by Councillor Seaton, seconded by Councillor Hamilton, and

 

RESOLVED that the work of scrutiny during 2019/20 and 2020/21, as set out in the Annual Scrutiny Reports 2019/20 and 2020/21 attached as Appendices to this report, be noted.

 

Reason

 

To report annually to Council on the workings of scrutiny bodies and the operation of the scrutiny function generally, in accordance with Scrutiny Committee Procedure 6.3(e) of the Council’s Constitution.

135.

Appointment of an Independent Chair for the Audit Committee pdf icon PDF 245 KB

 

A report of the Chief Executive to seek approval for the appointment of a new Independent Chair for the Audit Committee in accordance with the recommendation of a selection panel of Councillors.

Minutes:

A report of the Chief Executive to seek approval for the appointment of a new Independent Chair for the Audit Committee in accordance with the recommendation of a selection panel of Councillors (item 6.5 on the agenda filed with these minutes).

 

It was proposed by Councillor Barkley, seconded by Councillor Bolton, and

 

RESOLVED

 

That Jane Nellist be appointed as the Independent Chair of the Audit Committee for the four civic years 2021/22 to 2024/25, unless terminated earlier by the Council.

 

Reason

 

To confirm an appointment to the position of Independent Chair of the Audit Committee.

136.

Appointment of Independent Persons pdf icon PDF 274 KB

 

A report of the Monitoring Officer for the Council to make appointments of Independent Persons in accordance with the requirements of the Localism Act 2011.

Minutes:

A report of the Monitoring Officer for the Council to make appointments of Independent Persons in accordance with the requirements of the Localism Act 2011 (item 6.6 on the agenda filed with these minutes).

 

It was proposed by Councillor Tassell, seconded by Councillor Murphy, and

 

RESOLVED

 

1.    That the following people be appointed as Independent Persons for a term of office of four years to perform the roles set out in section 28(7) of the Localism Act 2011, with effect from the beginning of the 2021/22 Council year and until the end of the 2024/25 Council Year:

 

· Mr Michael Gibson

· Mr Laurence Faulkner

· Mr Mark Shaw

 

2.    That the maximum term of office for any individual to hold the position of Independent Person is set as eight years, being two terms of office of four years each.

 

Reasons

 

1.    To comply with the requirements of section 28 of the Localism Act 2011.

 

2.    To ensure that the positions of Independent Persons are rotated periodically in order to ensure objectivity and independence.

137.

Call-in References

There are no references to Council following the call-in of a Cabinet decision under Scrutiny Committee Procedure 11.7.

Minutes:

There were no call-in references from Scrutiny.

138.

Position Statements

No requests for position statements were received.

Minutes:

No position statements had been requested.

139.

Motions on Notice

To consider the following motion on notice submitted under Full Council Procedure 9.12:

140.

Glyphosate-Based Herbicides in Open Spaces, Playgrounds and Parks pdf icon PDF 266 KB

Motion submitted by the Labour Group.

Minutes:

In accordance with Full Council Procedure 9.12, Councillor Ward had given notice of a motion on Glyphosate-based Herbicides in Open Spaces, Playgrounds and Parks (item 9.1 on the agenda filed with these minutes).

 

An amendment to the Motion was requested by Councillor Ward that the motion be referred to the Cabinet for consideration.

 

It was proposed by Councillor Ward, seconded by Councillor Needham, and

 

RESOLVED that the motion be referred to the Cabinet for consideration.

 

 Reason

 

To enable a full independent officer report to review the matter for consideration.

 

 

141.

Questions on Notice pdf icon PDF 508 KB

To deal with the following questions on notice, submitted under Full Council Procedure 9.9(a):

Minutes:

The questions on notice and the responses of the Leader or his nominee were submitted (item 10 on the agenda filed with these minutes).

142.

Litter in Private Residential Areas

 

Question submitted by Councillor Brennan.

Minutes:

Councillor Brennan did not ask a supplementary question.

143.

Lease Holders on the Bell Foundry Estate

 

Question submitted by Councillor Draycott.       

Minutes:

Councillor Draycott thanked the Lead Member for the response and asked whether extended payments could be considered when an increase in charges was applied?

 

Councillor Poland thanked Councillor Draycott for the question and stated that he would liaise with officers on the matter and keep her informed.

144.

Right to Buy Sales

 

Question submitted by Councillor Draycott.

Minutes:

Councillor Draycott thanked the Lead Member and officers for the response and asked for information on the number of people currently on the housing waiting list for each of the past three years, the types of property being offered and the length of time people have waited for a tenancy.

 

Councillor Mercer stated that the current number of people on the housing wait list was 2,206 and that a total of 428 properties were offered last year. Councillor Mercer agreed that figures from previous years would be communicated to Councillor Draycott.  

145.

Progress with HMO Licensing

 

Question submitted by Councillor Parton.

Minutes:

Councillor Parton asked whether the Lead Member recognised the critical nature of licensing to residents in the Southfields ward and whether there was a guarantee that licensing would be implemented prior to the start of the new academic year?  

 

Councillor Mercer stated that he did recognise the critical nature of licensing to residents in the Southfields ward. He also stated that he was confident that the licensing would be implemented prior to the start of the new academic year. There had been a number of questions asked by the Secretary of State which had caused delays.

146.

Accessible Play Equipment

 

Question submitted by Councillor Parton.

Minutes:

Councillor Parton asked whether it was possible for a guide to be developed containing information, including maps, on local accessible play areas?

 

Councillor Bokor thanked Councillor Parton for his question. She stated that this was a good idea and that she would liaise with officers and communicate with Councillor Parton following discussions.

147.

Monies for Charities During the Covid-19 Pandemic

 

Question submitted by Councillor Parton.

Minutes:

Councillor Parton asked whether financial and personnel support for the organisations and charities referred to in the original response would continue?

 

Councillor Harper-Davies thanked Councillor Parton for the questions and stated that it demonstrated his care for the community. She recognised that communities would continue to require support and stated that she was confident that support would continue.

148.

A Connected Recovery

 

Question submitted by Councillor Bolton.

Minutes:

Councillor Bolton did not ask a supplementary question.

149.

Southfields Offices

 

Question submitted by Councillor J Bradshaw.

Minutes:

Councillor J Bradshaw thanked the Lead Member for the response and asked whether Members would be consulted in terms of the future of the Southfields building?

 

Councillor Morgan thanked Councillor J Bradshaw for her question and stated that staff had been consulted on a regular basis throughout the Pandemic and that the Chief Executive had communicated with staff and Members regarding most efficient use of the Southfields building. He stated that consultation with staff, unions and Members would continue.

150.

Minute References

There are no minute references.

Minutes:

There were no minute references.

151.

Urgent Executive Decisions Exempted from Call-in pdf icon PDF 159 KB

A report of the Chief Executive to note decisions which were exempted from call-in in accordance with Scrutiny Committee Procedure 11.9.

 

Additional documents:

Minutes:

A report of the Chief Executive to note decisions exempted from call-in in accordance with Scrutiny Committee Procedure 11.9 (item 12 on the agenda filed with these minutes).

 

Councillor Miah asked whether the property referred to in the report under acquisition of properties was previously owned by Charnwood Borough Council.

 

The Leader stated that he would contact Councillor Miah with more information regarding this.

152.

Changes to the Delegation of Executive Functions pdf icon PDF 142 KB

A report of the Chief Executive to inform Council of changes to the delegation of Executive functions.

 

Additional documents:

Minutes:

A report of the Chief Executive to inform Council of changes to the delegation of Executive functions (item 13 on the agenda filed with these minutes).

 

Councillor Draycott asked whether the £50k per annum budget to issue one-off payments to private landlords or mortgagees to assist with the prevention and relief of homelessness was the total budget or per landlord.

 

The Leader stated that he would liaise with the Lead Officer in order to provide a response for Councillor Draycott.

153.

Appointments to Committees

To consider any changes to Committee membership for the current Council year (2020/21) (if any).

Minutes:

There were no proposals to consider.