Agenda and minutes

          The Committee considered a report from the responsible authorities on issues arising from the carry out of the Creamfields Event in August 2015.

          Members were advised that the purpose of the report was to present the facts from the viewpoint of the responsible authorities who have now dealt with several events.

          It was noted that a report on the Event had been received from Cheshire Police.  Halton Borough Council Environmental Health – Noise Control and Health and Safety Department produced a report after the Committee agenda was published and this report was circulated to Members and would form part of the minutes.

          Inspector Stewart Sheer attended the meeting and summarised the views of Cheshire Police in providing the planning and operation of the Creamfields Event 2015.

          Mr Rimmer, from Halton Borough Council, was present to deal with matters relating to traffic.

          Members asked detailed questions of Inspector Sheer and Mr Rimmer.

          A representative of Halton Borough Council Environmental Health – Noise Control and Health and Safety did not attend but provided a written update on the 2015 event.

          RESOLVED: That the reports from the responsible authorities be noted. 

          The Committee was advised that a number of Acts of Parliament provide for functions to be exercised by local authorities.  Some Acts provide that functions will be exercisable automatically and some functions may only be exercised after going through adoption processes.

          The Council had adopted certain functions many years ago but full records of the adoption process no longer existed. The report addressed the position relating to private hire and hackney carriage licensing which were adopted by the Council in 1976.

          It was appropriate for the Council to take steps to adopt (to the extent that it was not already in force) Part II of the Local Government (Miscellaneous Provisions) Act 1976. The detailed procedural requirements were set out in the agenda. The effect of going through this process would be to generate a full record of the adoption process.

          These proposals did not involve any change to existing Council policies.

          RESOLVED: That the Council be requested to pass a resolution in the following terms:

“The Council intends to pass a resolution at a future meeting (the “Adoption resolution”).

1)    to adopt the extent that they are not already in force in the Borough the provisions of Part II of Local Government (Miscellaneous Provisions) Act 1976 (the “1976 Act”), (other than section 45), to apply to the whole of the area of the Council on and after the appointed day stated in that resolution;

2)    the Operational Director Legal and Democratic Services be directed to publish and serve notice as required by section 45 of the 1976 Act which shall include a draft Adoption Resolution in the following terms:

“[introductory text to be determined when appropriate]

               RESOLVED:

1)    To the extent that they are not already in force the provisions of Part II of Local Government (Miscellaneous Provisions) Act 1976 1976 Act, (other than section 45), are to apply to the whole area of the Council on and after the appointed day;

2)    The appointed day for the purposes of this resolution shall be [       ] (being not before the expiration of the period of one month beginning with the day on which this resolution is passed).

3)    All powers, duties and provisions in the Council’s Constitution relating to Part II of the Local Government (Miscellaneous Provisions) Act 1976 and all existing policies, practices and conditions relating thereto shall continue to apply on and after the appointed day”; and

4)    following compliance with item (2) of this resolution that matter be reported back to the Council for the Adoption Resolution to be considered”.

          The Committee was advised that a number of Acts of Parliament provide for functions to be exercised by local authorities.  Some Acts provide that functions will be exercisable automatically and some functions may only be exercised after going through adoption processes.

          The Council had adopted certain functions many years ago but full records of the adoption process no longer exist. The report addressed the position relating to street trading which were adopted by the Council in 1982.

          It was appropriate for the Council to take steps to adopt (to the extent that it is not already in force) Section 3 and Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 – Street Trading.

          These proposals did not involve any change to existing Council policies.

          RESOLVED that the Council be requested to pass a resolution in the following terms:

1)    “the Operational Director Legal and Democratic Services  be authorised to prepare and publish notice of intent to pass a Designation Resolution as required under  Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982;

2)    the draft Designation Resolution be in the following terms:     

“[Introductory text to be determined when appropriate]

                    RESOLVED:

1)    To the extent that they are not already so designated for the purposes of  schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 the streets listed in the Schedule to this resolution shall be designated on and after the designation day as prohibited streets or consent streets as indicated in the Schedule;

2)    The designation day for the purposes of this resolution shall be  [           ] (being not before the expiration of the period of one month beginning with the day on which this resolution is passed);

3)    All powers, duties and provisions in the Council’s Constitution relating to the provisions of Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 and all policies, practices and conditions relating thereto shall continue to apply on and after the designation day.

Schedule

Part 1 – Prohibited Streets

The following is a list of prohibited streets within the Borough of Halton.