Agenda and minutes

Council - Wednesday, 14th October, 2015 6.30 p.m.

Venue: Council Chamber, Runcorn Town Hall

Contact: Angela Scott on 0151 511 8670 or Email: angela.scott@halton.gov.uk 

Items
No. Item

29.

Council Minutes pdf icon PDF 99 KB

Minutes:

          The minutes of the meeting of Council held on 15 July 2015, having been circulated, were taken as read and signed as a correct record.

30.

The Mayor's Announcements

Minutes:

          The Mayor made the following announcements:-

 

·       She had attended the launch of the Bridge to Schools educational facility at the Catalyst Centre; and

·       She had been presented with a brass plate to celebrate the 15th anniversary of the Vintage Rally event.

31.

Leader's Report

Minutes:

          The Leader made the following announcements:-

 

·       Work continues on schedule on the construction of the Mersey Gateway Bridge;

·       A further seven community projects had been selected to benefit from the Merseylink Time Bank scheme;

·       He gave an update on progress with the Liverpool City Region Devolution agenda and advised that there would be a Special meeting of Council on 11 November 2015 at 6.30pm to consider the matter;

·       He advised on the following changes to the membership of Halton Transport Outside Body with immediate effect:-

 

It be AGREED that Councillors S Hill, Wall and Zygadllo would replace Councillors J. Stockton, Wainwright and Woolfall.

 

32.

Minutes of the Executive Board pdf icon PDF 93 KB

Additional documents:

Minutes:

          The Council considered the minutes of the Executive Board meetings on 3 September 2015, 17 September 2015 and 1 October 2015.

 

          RESOLVED: That the minutes be received.

33.

Minutes of the Health and Wellbeing Board pdf icon PDF 82 KB

Additional documents:

Minutes:

The Council considered the minutes of the Health and Wellbeing Board meetings on 8 July 2015 and 16 September 2015.

 

          RESOLVED: That the minutes be received.

 

34.

Questions Asked Under Standing Order 8

Minutes:

          It was noted that no questions had been submitted under Standing Order No. 8.

(N.B. Councillor Jones declared a Disclosable Other Interest in the following item of business as he was a Governor of Fairfield School)

35.

2015/16 Revised Capital Programme (Minute EXB 32 refers) pdf icon PDF 80 KB

Executive Board had considered the attached report.

 

RECOMMENDED: That Council approve revisions to the Council’s 2015/16 Capital Programme set out in paragraph 3.2.

 

Minutes:

          Executive Board had considered the attached report of the Operational Director, Finance, which sought approval of a number of revisions to the 2015/16 Capital Programme.

 

          RESOLVED: That the revisions to the Council’s Capital Programme set out in paragraph 3.2 of the report be approved.

36.

Initial Budget Proposals 2016/2017 (Minute EXB 49 refers) pdf icon PDF 123 KB

Executive Board considered the attached report.

 

RECOMMENDED: That Council approve the initial budget proposals for 2016/17, as set out in Appendix 1.

Minutes:

          The Board had considered the attached report of the Operational Director, Finance, on initial budget proposals for 2016/17.

 

          The Budget Working Group was currently considering budget savings proposals for 2016/17. Attached at Appendix 1 were the first set of proposals, which would be implemented immediately to achieve a part-year saving in 2015/16.

 

          In presenting the report, Councillor Wharton wished to place on record his thanks for the support of the Leader, Members of the Executive Board, Members of the Budget Working Group, Officers and the Trade Unions who had helped in the preparation of the proposals.

 

In accordance with Standing Order 16 (3), a recorded vote was taken.

 

The following Members voted FOR the motion:

 

Councillors S. Baker, J. Bradshaw, M.Bradshaw, D. Cargill, E. Cargill, Cassidy, Cole, Dennett, Edge, Fry, C.Gerrard, Gilligan,  P. Hignett, R. Hignett, S. Hill, V. Hill, Horabin, Howard, Jones, C. Loftus, K. Loftus, Logan, A. Lowe, J. Lowe, MacManus, McDermott, A. McInerney, T. McInerney, Morley, Nelson, Nolan, Osborne, Parker, Philbin, C. Plumpton Walsh, N. Plumpton Walsh, Polhill,  June Roberts, Rowe, Sinnott, G. Stockton, J.Stockton, Thompson, Wall, Wallace, Wharton, Woolfall, Wright and Zygadllo.

 

There were no votes against the motion.

 

There were no abstentions.

 

          RESOVED: That the initial budget proposals for 2016/17, as set out in Appendix 1 attached to the report, be approved.

37.

Licensing Act 2003 - Statement of Licensing Policy - (Minute REG 27 refers) pdf icon PDF 210 KB

Regulatory Committee had considered the attached report.

 

RECOMMENDED: That Council

 

(1)  adopt the Statement of Licensing Policy, attached to the report, to come into effect immediately following the expiry of the current Policy; and

(2)  direct the Operational Director, Legal and Democratic Services, to publish the Statement in accordance with Section 5 of the Licensing Act 2003.

 

Minutes:

          Regulatory Committee had considered the attached report of the Strategic Director, Community and Resources on the adoption of the Statement of Licensing Policy.

 

          RESOLVED: That

 

1)    the Statement of Licensing Policy be adopted, to come into effect immediately following the expiry of the current policy; and

 

2)    the Operational Director, Legal and Democratic Services, be directed to publish the Statement in accordance with Section 5 of the Licensing Act 2003.

38.

Gambling Act 2005 - Statement of Gambling Policy (Minute REG 28 refers) pdf icon PDF 187 KB

Regulatory Committee had considered the attached report.

 

RECOMMENDED: That Council

 

(1)  adopt the Statement of Gambling Policy, attached to the report, to come into effect immediately following the expiry of the current Policy; and

(2)  direct the Operational Director, Legal and Democratic Services, to publish the Statement in accordance with Section 349 of the Gambling Act 2005 and the Gambling Act 2005 (Licensing Authority Policy Statement) (England and Wales) Regulations 2006.

 

Minutes:

Regulatory Committee had considered the attached report of the Strategic Director, Community and Resources on the adoption of the Statement of Gambling Policy.

 

          RESOLVED: That

 

1)    the Statement of Gambling Policy be adopted, to come into effect immediately following the expiry of the current Policy; and

 

2)    the Operational Director, Legal and Democratic Services, be directed to publish the Statement in accordance with Section 349 of the Gambling Act 2005 and the Gambling Act 2005 (Licensing Authority Policy Statement) (England and Wales) Regulations 2006.

 

39.

Designation of Statutory Role of Director of Adult Social Services

Following the recent restructuring of the Council’s Senior Management Structure, arising from the resignation of the Strategic Director, Community Services, it is necessary for the Council to designate one of its senior team as its “statutory” Director of Adult Social Services in accordance with Guidance issued by the Department of Health, a role previously performed by the former SD – Community Services.

 

It is therefore RECOMMENDED: That

 

1)    Susan Wallace Bonner be designated as the Council’s “statutory” Director of Adult Social Services as an individual who has the knowledge, skills and experience to fulfil that role ; and

 

2)    The Chief Executive, in consultation with the Leader, be authorised to make any other consequential changes in officer delegations, consequent on that restructuring, which need to be done in advance of the usual annual review of the Council’s Constitution.

 

Minutes:

          Council was advised that, following the recent restructuring of the Council’s Senior Management Structure, which arose from the resignation of the Strategic Director, Communities, it was necessary for the Council to designate one of its senior team as its “statutory” Director of Adult Social Services. This was in accordance with guidance issued by the Department of Health and was a role previously performed by the former Strategic Director, Communities.

 

          RESOLVED: That

 

1)    Susan Wallace-Bonner be designated as the “statutory” Director of Adult Social Services as an individual who has the knowledge, skills and experience to fulfil the role; and

 

2)    the Chief Executive, in consultation with the Leader, be authorised to make any other consequential changes in officer delegations, consequent on that restructuring, which need to be done in advance of the usual annual review of the Council’s Constitution.

40.

Minutes of the Policy and Performance Boards and the Business Efficiency Board pdf icon PDF 81 KB

Additional documents:

Minutes:

          The Council considered the reports of the following Boards in the period since the meeting of Council on 15 July 2015:-

 

·       Children, Young People and Families;

·       Employment, Learning and Skills and Community;

·       Health;

·       Safer;

·       Environment and Urban Renewal;

·       Corporate; and

·       Business Efficiency.

41.

Committee Minutes pdf icon PDF 64 KB

Additional documents:

Minutes:

          The Council considered the reports of the following Committees in the period since the meeting of Council on 15 July 2015:-

 

·       Development Control;

·       Regulatory; and

·       Appeals Panel.

42.

Notice of Motion pdf icon PDF 50 KB

Minutes:

The following motion was moved and seconded by Councillors Harry Howard and Chris Loftus respectively:

 

Trade Union Bill

 

As a major employer in Halton, this Council recognises the positive benefits that arise from the relationship that we have with recognised trade unions and believes that the relationship between employers and their employees through their collective representatives would be damaged by reducing facility time for representatives of trade unions and by removing the ability of union members to pay union dues direct from wages, as proposed in the Trade Union Bill.

 

This Council believes that the Bill, far from assisting employer-employee relations or improving workplace democracy, is an ideologically driven attack on the fundamental rights and freedoms of workers and as such is a threat to our democracy.

 

The Council notes that the Bill and associated secondary legislation will:

 

·       Allow agency labour to be used to substitute for striking workers, currently outlawed, which would be deeply divisive and, with agency workers often doing unfamiliar jobs, could pose a serious health and safety risk to themselves and others;

 

·       Introduce very high thresholds for industrial ballots, with an extra threshold in certain public services, without doing anything to improve the ability of workers to participate in ballots;

 

·       Severely restrict the right to picket and peacefully protest, including the use of social media; and

 

·       Significantly reduces trade union facility time and withdraws check off union contributions in the public sector, irrespective of the wishes of the employer.

The Government’s blinkered and dogmatic view fails to recognise that positive relationship between employers and trade unions benefits everyone. The employees, the employer and most importantly in Halton the recipients of our services.

 

This Council therefore

 

1)    resolves to write to the Secretary of State for Business, Innovation and Skills stating the Council’s opposition to their Trade Union Bill, and

 

2)    calls on Government to scrap the Bill and all associated regulation/secondary legislation.

 

This Council will continue to recognise that trade unions form an important part of good relations with our employees and we believe trade unions are a positive force for good in the workplace.

 

In accordance with Standing Order 16 (1) (b), and on the requisition of nine Members of the Council, a recorded vote was taken.

 

The following Members voted FOR the motion:

 

Councillors S. Baker, J. Bradshaw, M.Bradshaw, D. Cargill, E. Cargill, Cassidy, Cole, Dennett, Edge, Fry, C.Gerrard, Gilligan,  P. Hignett, R. Hignett, S. Hill, V. Hill, Horabin, Howard, Jones, C. Loftus, K. Loftus, Logan, A. Lowe, J. Lowe, MacManus, McDermott, A. McInerney, T. McInerney, Morley, Nelson, Nolan, Osborne, Parker, Philbin, C. Plumpton Walsh, N. Plumpton Walsh, Polhill,  June Roberts, Rowe, Sinnott, G. Stockton, J.Stockton, Thompson, Wall, Wallace, Wharton, Woolfall, Wright and Zygadllo.

 

There were no votes against the motion.

 

There were no abstentions.

 

 

RESOLVED: That the motion be agreed.

 

 

43.

SCHEDULE 12A OF THE LOCAL GOVERNMENT ACT 1972 AND THE LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985

        In this case Council has a discretion to exclude the press and public and, in view of the nature of the business to be transacted, it is RECOMMENDED that under Section 100A(4) of the Local Government Act 1972, having been satisfied that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 3 of Part 1 of Schedule 12A to the Act.

 

Please note that if this resolution is passed, members of the press and public will be asked to leave the room prior to the consideration of the following business.

Minutes:

            Council considered:

 

(1)      whether Members of the press and public should be excluded from the meeting of Council during consideration of the following items of business in accordance with Sub-Section 4 of Section 100A of the Local Government Act 1972 because it was likely that, in view of the nature of the business to be considered, exempt information would be disclosed, being information defined in Section 100 (1) and paragraph 3 of Schedule 12A of the Local Government Act 1972; and

                                                                                                   

(2)      whether the disclosure of information was in the public interest, whether any relevant exemptions were applicable and whether, when applying the public interest test and exemptions, the public interest in maintaining the exemption outweighed that in disclosing the information.

 

          RESOLVED: That as, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information, members of the press and public be excluded from the meeting during consideration of the following items of business in accordance with Sub-Section 4 of Section 100A of the Local Government Act 1972 because it was likely that, in view of the nature of the business, exempt information would be disclosed, being information defined in Section 100 (1) and paragraph 3 of Schedule 12A of the Local Government Act 1972.

 

44.

Signage at The Hive, Widnes Waterfront (Minute EXB 38 refers)

Executive Board had considered the attached report.

 

RECOMMENDED: That Council approve a revision to the Capital Programme of an additional £100,000, maximum, for the construction and erection of a Totem style sign at The Hive, Widnes Waterfront.

Minutes:

          Executive Board had considered the attached report of the Strategic Director, People and Economy, on proposed signage at The Hive, Widnes Waterfront.

 

          RESOLVED: That Council approve a revision to the Capital Programme of an additional £100,000, maximum, for the construction and erection of a Totem style sign at The Hive, Widnes Waterfront.