Meeting documents

Cabinet
Wednesday, 19th December, 2012 6.00 pm

Date:
Wednesday, 19th December, 2012
Time:
6:00pm
Place:
Ramsbottom Civic Hall, Market Place, Ramsbottom, BL0 9HT
 

Attendance Details

Present:
Councillor M Connolly (in the Chair)
Councillors G Campbell, G Gartside, A Isherwood, J Lewis, N Parnell, T Pickstone and J Smith
Co-opted:
17 members of the public were in attendance
Apologies for absence:
Councillors R Shori and S Walmsley
Buttons
Item Description Decision
Open
CA.619 DECLARATIONS OF INTEREST
Preamble for item CA.619
 
CA.620 PUBLIC QUESTION TIME
Preamble for item CA.620
 
CA.621 MINUTES
 Delegated decision:

That the minutes of the meeting held on 28 November 2012 be approved and signed by the Chair as a correct record.
CA.622 CONSULTATION PRPOPOSAL BURY TOWN CENTRE NIGHT TIME ECONOMY DOCUMENT

Preamble for item CA.622
Delegated decisions:

1. That approval be given to undertake a 12 week informal stakeholder consultation on the document as detailed in Appendix 1 of the report submitted.

2. That a further report be submitted to Cabinet in April 2013.

Reason for the decisions:
An informal consultation will enable the views of all stakeholders to be gathered and considered to inform the direction of any further action.

Other option considered and rejected:
To reject or amend the recommendation.
CA.623 APPROVAL OF THE STRATEGIC TENANCY POLICY 2013 TO 2016

Preamble for item CA.623
Delegated decisions:

That approval be given to the Strategic Tenancy Policy 2013-16.

Reasons for the decision:
Under the Localism Act 2011, all local authorities in England are required to produce and publish a Strategic Tenancy Policy for their area, by 13 January 2013. This decision will work towards compliance with the Localism Act 2011.

Other option considered and rejected:
Reject the recommendation. The Council would fail in its statutory duty to produce and publish a Strategic Tenancy Policy by 13 January 2013.

(Note: Councillor Pickstone abstained on the matter)
CA.624 ENVIRONMENTAL SERVICES ENFORCEMENT POLICY
Preamble for item CA.624
Delegated decisions:

1. That, subject to the amendment to paragraph 9.11 as detailed above, approval be given to the updated Environmental Services Enforcement Policy as set out in Appendix 1 of the report submitted.

2. That approval be given to delegate authority to the Executive Director of Environment and Development Services, in consultation with the Cabinet Member for Neighbourhoods and Regeneration and the Assistant Director (Legal and Democratic Services), to make amendments to the policy in the event of legislative or national guidance changes.

Reason for the decision:
The existing Enforcement Policy is several years old and requires updating to take account of new guidance.

Other options considered and rejected:
1. Approve the updated Environmental Services Enforcement Policy as set out in Appendix 1 but with specific amendments.
2. Refuse to adopt the updated Environmental Services Enforcement Policy as set out in Appendix 1.
CA.625 PROPOSED REVISION TO THE POLICY ON ELIGIBILITY FOR HOME TO SCHOOL TRANSPORT
Preamble for item CA.625
Delegated decision:

That the revised policy be adopted.

Reasons for the decision:
The policy enables the Council to meet its statutory duties in respect of the provision of free transport as set out in the Education Act 1966.

Other options considered and rejected:
1. Retain the existing policy, with no changes.
2. Adopt the policy with further modifications.

(Note: Councillor Gartside voted against the recommendation)
(Note: Councillor Pickstone abstained on the matter)
CA.626 EXCLUSION OF PUBLIC
 Delegated decision:

That in accordance with Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following items of business as they involve the likely disclosure of information as detailed in the conditions of category 3.
Exempt
CA.627 DERBY HIGH SCHOOL SPORTS HALL CAPITAL PROJECT STAGE TWO PROPOSAL
  • (Attachment: 15)A copy of the report
  • |
    (Attachment: 16)A copy of the Notice of Intention
  
CA.628 ITEM OF URGENT BUSINESS

 
The meeting started at 6.00 pm and ended at 7.05pm

Preamble

Preamble
ItemPreamble
CA.619Councillor Connolly declared a personal interest relating to any matters likely to impact on the fact that his partner is employed by Adult Care Services.

Councillor Smith declared a prejudicial interest in respect of Minute number CA.07 Proposed Revision to the Policy on Eligibility for home to School Transport for the reason that he is a governor of The Derby High School. Councillor Smith left the meeting room during consideration of the report.

Councillor Gartside declared a personal interest in respect of Minute number CA.10 (Urgent Item) for the reason that his employer has an interest in the matter.
CA.620A period of thirty minutes was allocated for members of the public present at the meeting to ask questions about the work or performance of the Council or Council services.

Topic: Policy on Eligibility for home to School Transport

Question: With reference to paragraph 3.6 of the report regarding the 81% of respondents disagreeing with the proposal, what percentage would be required to stop the decision to agree with the policy?
Response: The consultation was not a referendum. The Council was legally obliged to consult on the matter. The Council will continue to consult on changes to services impacting on Bury residents.

Question: The Council consulted two years ago, why do it again? Proposals then did not affect those already in receipt of free travel.
Response: The consultation was carried by the previous administration. The budget allocated for this service is overspent due in part to increased charges of 18.5% by TfGM.

Question: Is funding available for free travel for those families who cannot afford the cost?
Response: Yes passes will be available to families that meet the eligibility criteria.

Question: Is it a fair interpretation of ‘free school choice’ if parents are restricted from applying for the only two Catholic High Schools located in the centre of Bury and Prestwich because of the travel costs?
Response: The proposed policy will provide equality in the Eligibility for home to School Transport criteria. Both of the Catholic High Schools are currently oversubscribed. Parents choose a faith school primarily because of their faith.

Question: If parents in the north of the Borough decided not to send their children to St Gabriels High School because of travel costs and instead sent their children to Woodhey High School, is there sufficient capacity within the school?
Response: The Council does not anticipate this as a likely outcome.

Question: Does the Council acknowledge the hardship to those families that are just over the income threshold and are not eligible for free transport?
Response: The Council is aware of the impact on family budgets however the proposed savings are necessary in the current economic climate.
CA.622The Cabinet Member for Neighbourhoods and Regeneration submitted a report introducing a draft Night Time Economy document for Bury town centre.
CA.623The Cabinet Member for Neighbourhoods and Regeneration submitted a report seeking approval to a Strategic Tenancy Policy for 2013-2016.

The policy was been produced to give a framework for registered providers in the Borough, dealing with issues such as length of tenancy, type of tenancy offered and circumstances influencing these decisions. These issues were discussed in detail during the consultation period with comments incorporated into the final version of the Strategic Tenancy Policy.
CA.624The Cabinet Member for Neighbourhoods and Regeneration submitted a report seeking approval to adopt a revised and updated Environmental Services Enforcement Policy with immediate effect. The Policy covers the enforcement and regulation carried out under the remit of Bury Council’s Environmental Health, Licensing and Trading Standards services and replaces earlier enforcement policies. The report also sought approval to delegate authority to the Executive Director of Environment and Development Services, in consultation with the Cabinet Member for Neighbourhoods and Regeneration and the Assistant Director (Legal and Democratic Services), to make amendments to the policy in the event of legislative or national guidance changes.

The Assistant Director (Legal and Democratic Services) reported an amendment in respect of Paragraph 9.11 of the report to reflect that the Assistant Director (Legal and Democratic Services) will take the decision whether or not to prosecute with regard to the principles set out in the Code of Practice for Crown Prosecutors.
CA.625The Cabinet Member for Children and Families submitted a report presenting the outcome of a consultation with key stakeholders which took place between 10 September and 9 November 2012. The consultation related to proposed changes to the Council’s Home to School Transport Policy, in particular the eligibility criteria for financial assistance in respect of transport to a denominational (faith) school.