Agenda and minutes

To receive any apologies for absence from Councillors.

Apologies were received from Councillors N Decent, A Filer, P Hall, A Jones, C Matthews, R Maidment, P Miles, L Northover, T O’Neill, S Phillips and V Slade.

Councillors are requested to declare any interests on items included in this agenda. Please refer to the workflow on the preceding page for guidance.

Declarations received will be reported at the meeting.

The following declaration was made:

• Councillor Mike Brooke declared for transparency purposes an interest as a Board Member of BDC in respect of item 8b – Cabinet 29 September 2021 – Minute No 55 – Accelerating regeneration and investment in the BCP Area.

Following the resignation of Councillor Laurence Fear as Vice-Chairman of the Council Councillors are asked to nominate and elect the Vice-Chairman of the Council until the next Annual Council meeting.

Nominations were received as follows:

• Councillor Tony O’Neill – proposed by Councillor Dion and seconded by Councillor Stribley.
• Councillor George Farquhar – proposed by Councillor Trent and seconded by Councillor Lewis.

The proposers and seconders outlined their reasons for the above nominations and the nominees’ ability to fulfil the role.  Councillor Farquhar

explained why he should be elected Vice-Chairman. In Councillor O’Neill’s absence Councillor Mellor read out a statement prepared by Councillor O’Neill on why he should fulfil the role. A secret ballot was undertaken in accordance with the Constitution.  The Chief Executive reported on the outcome of the ballot as follows:

·       Councillor Tony O’Neill 38

·       Councillor George Farquhar 27

No abstentions were recorded.

RESOLVED that Councillor Tony O’Neill be elected as Vice-Chairman of the Council until the next Annual Council meeting in May 2022.

The Chairman thanked Councillor Fear for his support and experience in undertaking the role of Vice-Chairman.  In response Councillor Fear thanked the Chairman for his comments and highlighted the work the Chairman has undertaken in his role and wished the new Vice-Chairman well.  The Chairman also thanked Councillor Farquhar for putting himself forward to fulfil the role of Vice-Chairman.

To confirm and sign as a correct record the minutes of the Meeting held on 14 September 2021.

The Chairman asked Councillors if they agreed to confirm the minutes of the Ordinary Council meeting held on 14 September 2021.

Councillor Phipps indicated that she would have to abstain from the vote and explained that whilst she did not question the accuracy of the minutes recorded by Democratic Services, she believed that some of the answers given to her question as detailed in those minutes contained falsehoods and were not true.  She reported that her question had been about the Lagoon Bounce back Grant Award of £70,000 and the Portfolio Holder had said that she lived close to the proposed Lagoon site.  Councillor Phipps reported that she did not live near the site and his response made her appear to be dishonest and have a personal interest which she said she did not.  Councillor Phipps also commented on the reference to the scoring made by the Portfolio Holder in his response and felt that he had manipulated wording in his response to twist the truth and as one of the two Members of the Award team he did agree to change the score on the Lagoon.  Councillor Phipps confirmed that due to what she believed to be misinformation and perceived falsehoods being the only answer to her question recorded in the minutes she would abstain from the vote.

Councillor McCormack reported that for the same reasons as Councillor Phipps he would also be abstaining as, although the minutes were recorded correctly, he did not believe the information provided in the answer to his question was correct.

Councillor Brown reported that he would be abstaining from the vote on the minutes as he believed that the information provided by the Cabinet Member for Transport and Sustainability and by the Leader under minute 110 Questions from Councillors on pages 11, 12 and 13 of the minutes regarding the financial resources to tackle the climate emergency and at minute 111 Budget Outturn report on pages 20, 21 and 22 stated by the Leader and the Cabinet Member were not true.  He reported that the public had a right to expect that the answers given were accurate and factually correct. He explained that whilst the minutes represent what was stated. He was not content that in his opinion false information and fake news had become a matter of public record for this Council.  He asked that it be minuted, that he disagreed with the statements made at the last Council meeting and would be abstaining on the vote to approve the minutes.

Councillor Mellor, Leader of the Council in response indicated that he had just been challenged on what he had said in the meeting.  He explained that the Unity Alliance had cancelled the climate and ecological emergency budget, that £240,000 was taken out of the budget.  He suggested that the Section 151 Officer who was in attendance could be the arbiter on who was correct. The Leader confirmed that the administration reinstated this budget and doubled the budget provision and made it  ...  view the full minutes text for item 118.

To receive any announcements or introductions from the Chairman.

The Chairman made the following announcements:

A - Sir John Butterfill

The Chairman reported with sadness on the death of Sir John Butterfill MP. He explained that Sir John had passed away peacefully early on Sunday and he had been ill for some time. The Chairman reported that as many long-standing Members would know, Sir John had served as a Member of Parliament for Bournemouth West from 1983 until his retirement in 2010. He was elected to Parliament for Bournemouth West six times and in Parliament had the distinction as a Back Bench MP of introducing many Acts of Parliament.

Members stood to observe a minute’s silence in his memory.

B - Councillor Colin Bungey

The Chairman referred to the recent Memorial Ceremony for Councillor Colin Bungey at The Priory Church. He was first elected to Jumpers Ward in Christchurch in May 1983 and his widow Sue was the current Mayor of Christchurch. Hundreds heard the eulogies and praise for ‘a man of decency, integrity, honesty and selflessness’ over the years he served as a ‘non-Party’ Councillor.

C – Civic Activities

The Chairman referred to some of the engagements he had attended since the last Council meeting as detailed below:

·       Dorset Scouts Awards ceremony with the Mayor of Bournemouth in Blandford.

·       BCHA At Your Service Launch for training people for the hospitality and catering industry.

·       Christchurch Town Council rededication service at Christchurch Priory and the launch of the Christchurch Living Advent Calendar at the Kings Arms Christchurch which has seen Christchurch Rotary and BCP Events team working together.

·       Visited Bournemouth University with special focus on the new and impressive Poole Gateway Building.

·       Opening of New Halls at Arts University Bournemouth.

·       Spoke at the launch of the Citizens Advice outreach vehicle.

·       the High Sheriff of Dorset’s Law Service in Dorchester. He explained that he continued to be honoured to be working on the High Sheriff’s Working Group on his Harmony in Dorset project. (On that occasion he had accompanied the Mayor of Poole).

·       Attended with the Mayor of Bournemouth the launch of the Bournemouth Arts Festival by the Sea.

To receive any public questions, statements or petitions submitted in accordance with the Constitution, which is available to view at the following link:

https://democracy.bcpcouncil.gov.uk/ieListMeetings.aspx?CommitteeID=151&Info=1&bcr=1

The deadline for the submission of a public question is 4 clear working days before the meeting.

The deadline for the submission of a public statement is midday the working day before the meeting.

The deadline for the submission of a petition is 10 working days before the meeting.

The Chairman advised that a number of public issues had been submitted for the meeting:

A – Public Questions

Public Question from Susan Stockwell

Does this council consider littering emanating from licensed premises a matter of public nuisance, whether for alcohol licensing or take away licensing?

Reply from Councillor Bobbie Dove, Cabinet Member for Community Safety and Regulatory Services

The prevention of public nuisance is one of the Licensing objectives for all licensed premises, including alcohol sales and late-night refreshments. This would include take-aways operating after 11.00pm and would include litter. 

Licensed premises, particularly those operating after 23:00 hours and into the early morning, may affect people living or working in the vicinity of these premises.  Therefore, we would expect that the applicant’s operating schedule would contain practical steps to prevent potential disturbance to local residents, this would include litter in the immediate vicinity. 

In some instances, litter emanating from licensed premises may be as result of failure by businesses to comply with ‘duty of care’ obligations to make suitable waste collection arrangements. Where this should happen, the Council is piloting a scheme where an enforcement company called WISE will engage with businesses to work alongside the Council and make improvements where necessary. This would include engagement with licensed premises, to ensure that they comply with these obligations. Should they fail to do so, fixed penalty notices can be issued where appropriate.

Public Question from Vicky Spence

How are residents near Culliford Crescent supposed to be able to object about a 5g mast going barely metres from their homes and affecting other homes further up the hill when all have been pretty much isolating since March 2020?

Residents were not informed, and homes are now blighted by an unsightly 18 metre mast towering over them.

I only found the Yellow planning notice after it had been erected and the weblink went to a blank page, the phone number was an old Poole Council number. How are we to find out information when the information supplied is WRONG?

Reply from Councillor Philip Broadhead, Deputy Leader and Cabinet Member for Development, Growth & Regeneration

The 5G mast proposal near Culliford Crescent was subject to the required statutory notification following the submission of the application in June 2021. We need to look further into why residents didn’t submit comments to the proposal but all statutory requirements regarding publicity were carried out as they always are. An objection to the application was received from a ward Cllr representing their residents raising issues that were then considered in the assessment of the application.

Unfortunately, due the way the permitted development regime operates, the Council is bound by a strict process within which to determine 5G mast applications, and whilst fully sympathising with the concerns raised in the question, this application was ultimately determined in accordance with the legislation. We are, however, always reviewing how applications are notified and will ensure that any issues raised will be looked at further to ensure the Council’s notification procedures remain  ...  view the full minutes text for item 120.

The deadline for questions to be submitted to the Monitoring Officer is 1 November 2021.

Question from Councillor George Farquhar

As a follow on from the question I asked at Full Council on Tuesday the 5^th January I have waited the Constitutionally required six months before being allowed to ask this question of the Leader of the Council.

Following the discussions with the Department for Transport aided by the Member of Parliament for Bournemouth East, will the Council commit to match funding the budgets in the public domain from South Western Railway and Network Rail for the installation and commissioning of the long overdue accessibility lifts at ‘Pokesdown for Boscombe Station’ in the ward I am proud to represent? If so when? And how much?

Reply from Councillor Mike Greene, Cabinet Member for Sustainability and Transport

This is a subject that has been high on my agenda for a number of years, following the excellent and successful campaign led by Cllr Andy Jones, which resulted in the obligation for lifts at Pokesdown Station to be included as a requirement for the South Western Railways franchise.

Several meetings have been held between the BCP Council leadership, South Western Railways, Network Rail and the MP for Bournemouth East to consider the various options ahead and officers are now working closely in partnership with both those organizations towards anticipated improvements to the Pokesdown Railway Station. It is hoped that these improvements will include not only the fully accessible lifts, but other enhancements too.

Over the last few months, at BCP’s request, South Western Railways and Network Rail have been working on a business case that identifies the scope of the project, and the relative funding position for each of them. Technical work is continuing alongside this.

I am delighted to confirm that at the next Cabinet meeting, on November 24^th, I will be asking for approval for up to £2.6m from the Futures Fund set up by this Conservative administration to be allocated as a potential BCP contribution. This is to cover the shortfall from partners who themselves have identified, subject to their own internal approvals, that they will contribute a total of £3.1m.

I understand that Cllr Farquhar is new to this, but sure he will be delighted that after so many years of operator delay, it looks like all the work done by his colleague, Cllr Andy Jones is finally close to bearing fruit.

Question from Councillor Eddie Coope

Can the cabinet member explain why the Long Groyne has been secured to prevent access and how secure is it and can the cabinet member tell me what is happening with the future of the Long Groyne.

Reply from Councillor Mark Anderson, Cabinet Member for Environment and Place

I would like to thank Cllr Coope for his question, The upgrade/replacement of the Long Groyne forms part of the current Poole Bay Beach Management Scheme for which we secured £36m funding last year. Initial structural investigations undertaken to help inform condition assessment and design parameters revealed significant voiding within the existing structure. On completion of  ...  view the full minutes text for item 121.

8a – Licensing Committee 16 September 2021 – Minute No 18 – Sex Establishment Policy

The Chairman confirmed that he had allowed 5 minutes for Councillor Judes Butt, Chairman of the Licensing Committee to present the recommendations on this issue.

Councillor Butt, Chairman of the Licensing Committee presented the report on the Sex Establishment Policy as set out on the agenda and outlined the recommendations.  Councillor Butt explained that this was the first BCP Council Sex Establishment Policy.  She reported on how the Policy had been developed to enable the regulation of the operation of any sex establishment within the BCP conurbation, including the legislative requirements, the comprehensive consultation with all relevant stakeholders at each stage and the chronological journey of the Policy to date.  The Chairman highlighted key aspects of the policy including public sector equality issues. On 29 June 2021 there had been an all Member briefing giving Members the opportunity to be informed about the policy raise questions and contribute to the process being followed.  The Chairman referred to the last meeting of the Licensing Committee in September which heard questions and statements from the Public and from Councillors.  She explained that the Committee had considered these and all the public feedback, dancer responses and the equality impact assessment which was referred to at every Member workshop to ensure a thorough and detailed consideration of all equality impacts. Councillor Butt reported that the equality impact assessment had been signed off by the Equality Assurance Panel a new step to ensure that the Council met its Statutory duties in full.  The Chairman reported that the policy demonstrated the Council’s compliance with the Public Sector Equality duty. Councillor Butt explained that the Licensing Committee has comprehensively discussed and interrogated the report and appended policy and had amended and improved it throughout its journey.  Members were informed that on 16 September 2021 the Committee agreed the final amendments to the policy which were set out in detail in the report at 8 (a).  Councillor Butt referred to the proposal relating to the retention of CCTV footage to amend from 31 to 90 days.  However, this was subject to a further amendment agreed by all Members of the Licensing Committee that the retention of CCTV footage should be amended back to 31 days and not 90 days.  Councillor Butt explained that the reason for the amendment was although in theory it was a good idea, officers had subsequently received further advice that this change goes against the principles of GDPR and the guidance issued by the Information Commissioners Office (ICO), which states that personal information should be deleted as soon as practical. For domestic users this was 14 days and for commercial users this was 31 days. Members were informed that Officers had spoken to the BCP Council’s CCTV manager and the Crime Prevention Officer for Dorset Police and they had both confirmed that they agree that 31 days was reasonable and any longer would breach ICO rules. Members were  ...  view the full minutes text for item 122.

The LicensingCommittee comprehensivelydiscussed thereport andappended policyand raisedthe followingproposed amendmentsand comments inrespect ofthis matter:

-       In respectof thelack ofthe abilityto whistleblow itwas suggested thatthe followingwording beincorporated withinthe policyto address concernsin relationto theirbeing theopportunity toraise issues andconcerns ‘togive dancersencouragement’

-       The referencesto ‘grandfatherrights’ beamended toread ‘acquired rights’

-       Paragraph 10.4of thepolicy beamended toread ‘Ithas been determinedthat theseexisting licenceswill continueto berenewed, on application,by theexisting operatorsduring thelifetime ofthis policy ifthere isno materialchange inthe characterof thearea in theintervening period.If thereare anyobjections toan applicationit will beconsidered bythe LicensingCommittee inaccordance with therelevant statute.This essentiallyprovides acquiredrights to theseexisting operatorsfor thecurrent time’.

-       The introductionof Paragraph11.2 beamended toread ‘…having regardto itsproximity tofor example…’

-       Reference bemade withinthe listat Paragraph11.2 toinclude that thearea shouldbe welllit withgood transportlinks.

-       Remove paragraph11.5 andinclude thebullet pointswithin paragraph11.2.

-       Retention ofCCTV referredto inparagraph 30be amendedto requireretention for90 days(and not31 daysas setout).

-       Paragraph 48(c) beamended toremove theword ‘intentionally’,‘accidentally’and‘or dueto a3^rd party’for thepurposes ofrestraint.

-       The policybe amendedto ensuregender neutralterminology has beenused.

RECOMMENDED that subject to the amendments above being incorporated the policy as presented be agreed and forwarded to full Council for approval.

The Council is also advised of the following for consideration

Amendment to Draft Sex Establishment Policy 

Proposal 

The Licensing Committee request that the following amendment to the Draft Sex Establishment Policy as submitted before the Council today is agreed by Council. 

The Licensing Committee on 16^th September 2021 agreed to increase the retention period for CCTV within Sexual Entertainment Venues from 31 to 90 days.?  

I can confirm that all members of the full Licensing Committee have been consulted on this amendment and that all members have agreed that the CCTV retention period should be amended to 31 days and not 90 days as agreed on the 16^th and reflected in the minutes as presented today.

Reason for amendment 

Although in theory this was a very good idea,?officers have subsequently received further advice that this change goes against the?principles of GDPR and the guidance issued by the Information Commissioners Office (ICO), which states that personal information should be deleted as soon as practical.? 

For?domestic users this is 14 days and for commercial users this is 31 days. 

? 

Officers have spoken to the BCP Councils’ CCTV manager and the Crime Prevention Officer for  ...  view the full agenda text for item 122a

Delete

The Council is asked to consider and approve the review of the political balance of the Council, the allocation of seats on Committees to each Political Group, appointment of Councillors to Committees and appointments to Outside bodies following Councillors Steve Baron, Nigel Brooks, Daniel Butt and Toby Johnson joining the Conservative Group. 

The Leader of the Council presented a report on the above, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'A' to these Minutes in the Minute Book.  The recommendations were seconded by Councillor Broadhead.

The Council was asked to consider and approve the review of the political balance of the Council, the allocation of seats on Committees to each Political Group, appointment of Councillors to Committees and appointments to Outside bodies following Councillors Steve Baron, Nigel Brooks, Daniel Butt and Toby Johnson joining the Conservative Group.

Councillors commented on the implications of the proposals. Councillor Burton referred to the changes to the Children’s Services O&S Committee and thanked Councillors for their work whilst welcoming new Councillors to the Committee which he highlighted was non-political.

Councillor Broadhead referred to the allocation of seats where a group has the majority of seats on the Council which he indicated was consistent with relevant legislation.

Councillor Farquhar raised a point of order as he took offence to the frivolity of political point scoring, the reference to the two by elections and how they had occurred, and he invited the Member to retract his remark.  Councillor Broadhead clarified his comment.  

RESOLVED that

(a)  the revised political balance of the Council, as set out in Table 1 of this report be approved.

(b)  the allocation of seats to each political group, as set out in Table 2, be approved.

(c)  the appointment of Councillors to Committees and Boards, taking account of the membership as detailed in Table 3, be approved.

(d)  the allocation of seats to each political group on the outside bodies as detailed in Table 4 be approved and the Group Leaders advise the proper officer of their representatives.

(e)  Subject to (c) and (d) above the Council approves the appointment of unaligned Members to Committees, Boards and Outside bodies as follows:

Planning Committee – Councillor Stephen Bartlett

Licensing Committee – Councillor Julie Bagwell

Overview and Scrutiny Board – Councillor Stephen Bartlett

Health and Adult Social Care Overview and Scrutiny Committee – Councillor Diana Butler

Lower Central Gardens Trust Board – Councillor Stephen Bartlett

Voting: carried by a majority.

The Government has announced that Her Majesty The Queen will award new Civic Honours in recognition of her Platinum Jubilee. This has resulted in a competition for places to be awarded city status.

In recognition of this opportunity the Leader wrote to the Mayors of Bournemouth, Poole and Christchurch to ask whether they would want their area to bid for City Status and also sought views from the parish councils. The Charter Trustees for Bournemouth indicated that they would like to take up this opportunity.

Applications for city status must be submitted by an upper tier local authority, so in this case the application would need to be submitted by BCP Council on behalf of the Charter Trustees for Bournemouth.

The Chairman reminded Members to consider the statement made by Mr McKinstry earlier in the meeting on this issue

Councillor Kelsey presented a report, a copy of which had been circulated to each Member on the city status application request from the Charter Trustees for Bournemouth a copy of which appears as Appendix 'B' to these Minutes in the Minute Book.

Councillor Broadhead in seconding the recommendation outlined the process whilst highlighting that there was no proposal to submit a Council wide bid. The proposal was to receive the decisions from the three towns and passport upwards as appropriate.  He explained that it was not the role of the Council, in his view, to consider the decisions that have been taken.  He reported that Christchurch Town Councillors and Poole Charter Trustees had said no but the Bournemouth Charter Trustees had agreed to the submission of a bid.  Councillor Broadhead reported that the city status was a name, and the application process did not require any intensive resource or extra funding.  

The Government had announced that Her Majesty The Queen would award new Civic Honours in recognition of her Platinum Jubilee. This had resulted in a competition for places to be awarded city status.

In recognition of this opportunity the Leader wrote to the Mayors of Bournemouth, Poole and Christchurch to ask whether they would want their area to bid for City Status and also sought views from the parish councils. The Charter Trustees for Bournemouth indicated that they would like to take up this opportunity.

Applications for city status must be submitted by an upper tier local authority, so in this case the application would need to be submitted by BCP Council on behalf of the Charter Trustees for Bournemouth.

Councillors commented on the proposals including expressing the views of Christchurch Town Council and all the Parish Councils in the area who had voted against submitting a bid for city status, the impact on the dynamics of BCP Council if one town becomes a city and the implication for cross boundary wards and residents.  Councillor Hadley reported that he disagreed with the sentiments in the Leader’s letter where Dorchester has a Town Council with delegated powers as the formation of BCP Council left only the ceremonial and historical vestiges of the Towns by the Charter Trustees it did not leave the Towns with sovereign powers as previously described.  He emphasised that having merged Bournemouth, Christchurch and Poole the implications of one town gaining city status by default demotes the other two towns precisely the outcome which Christchurch residents overwhelmingly rejected and those of Bournemouth and Poole were not asked.  He referred to the statement from Alex McKinstry indicating that the residents of Bournemouth had not been consulted on the proposal.  Councillor Hadley also reported that many people had moved to the area to get away from cities. He referred to the pressure that staff were under in supporting the transformation programme and the submission of a city status bid was  ...  view the full minutes text for item 124.

This report invites the Council to approve new appointments to Chief Officer posts in accordance with the Council’s Constitution and statutory requirements.

Details of the recommended candidates will follow as an exempt submission.  Further detail is outlined within this report.

The Leader of the Council presented a report on Chief Officer Appointments for BCP Council, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'C' to these Minutes in the Minute Book.

This report invited the Council to approve new appointments to Chief Officer posts in accordance with the Council’s Constitution and statutory requirements.

Councillor Mellor reported that Kate Ryan, Chief Operations Officer who had been a fantastic servant for Borough of Poole Council for a number of years, had delivered a safe landing in her role for BCP Council and in her current role would be leaving the Council.  He highlighted that Kate had been an exemplar officer and congratulated her on her new role as Chief Executive at New Forest District Council.  He formally wished to place on record the thanks of the Chamber to Kate for her service to both Borough of Poole Council and BCP Council.

Members were advised of the recruitment process and the calibre of the candidates for both the Chief Operations Officer and Corporate Director of Children’s Services.  Councillor Mellor reported that the Panel was able to unanimously agree cross party with the preferred candidates for both roles that were selected.  He also highlighted that the report included a recommendation for Kelly Ansell to act up in the position of Chief Operations Officer until Jess Gibbons can commence her employment.  Councillor Nicola Greene seconded the recommendations and in doing so thanked Councillors Moore, Bartlett and Slade for their contribution to the recruitment process.

Councillor Evans referred to senior officers leaving the Council. She indicated that there had been comments on the calibre of candidates and asked if any members of the recruitment panel would comment on the number of candidates and why this was such a small amount for a large authority. 

Councillor Wilson reported that he was involved in the early part of the process and felt that the calibre of candidates was very good.  He wanted to place on record his thanks to Kate Ryan as he had started very inexperienced in his role as a portfolio holder, and he felt that she had not only made him a better portfolio holder but also a better person.  He referred to personal issues that he had been dealing with which Kate had supported him with.

Councillor Moore reported that she was a member of the interview panel for the Director of Children’s Services, and she was happy to support the appointment of Cathi who was experienced and well qualified. In addition, she felt it would be good for everyone to have a permanent Director.  Councillor Hadley echoed the comments from the Leader and other Members about Kate Ryan who would be an enormous loss to the authority, and he wished her well.  He also reported that he was no relation, that he was aware of, to Cathi Hadley.

Councillor Mellor in summing up referred to the reference made to senior officers leaving the  ...  view the full minutes text for item 125.

No motions had been received for this meeting.

There were no motions submitted for this meeting.

The Chief Executive to report on any decisions taken under urgency provisions in accordance with the Constitution.

There were no urgent decisions taken that were required to be reported.

Date of the Next Council meeting

RESOLVED that the next Council meeting scheduled for 4 January 2022 be rescheduled and held on 11 January 2022 at 7 pm

Voting: Agreed

Note - it was acknowledged that this will require the Standards Committee scheduled on 11 January 2022 at 6 pm to be rearranged to an alternative date which the Chairman has already acknowledged.