Agenda and minutes

To receive any apologies for absence from Councillors.

The Chief Executive reported that Councillor J Edwards may join the meeting later.

On 24 November 2020 it was agreed that the Council meeting be adjourned to a suitable alternative date to be agreed. Voting: For 45: Against 25 and 1 Abstention. The meeting was then reconvened on 8 December 2020.

In light of the above the Chief Executive reported that apologies had been received from Councillors A Jones and M Robson.  It should be noted that Councillor J Edwards was in attendance for the adjourned meeting.

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.

There were no declarations made for this meeting.

To confirm as a correct record the minutes of the Ordinary Council meeting held on 15 September 2020 and the Extraordinary Council meeting held on 1 October 2020.

The Minutes of the Ordinary Council meeting on 15 September 2020 and the Extraordinary Council meeting held on 1 October 2020 were confirmed.

To receive any announcements from the Chairman.

The Chairman reported on the following:

A – Complaint against Councillor J Butt

The Chairman reported that following an incident at the Extraordinary meeting of the Council on 1 October 2020 a subsequent complaint was made to the Standards Committee against Councillor Butt.  He explained that Councillor Butt had made an apology which he had accepted.  The Chairman read out the letter of apology.  In addition, he reported that in order to time speeches for virtual meetings arrangements had been made for a virtual clock to be visible to assist Councillors.

B – Former Councillor Mike Wise

The Chairman with great sadness reported the recent death of former Borough of Poole Councillor Mike Wise. He called on Councillor Mike Brooke who paid tribute to Mike Wise as follows:

“Mike Wise was first elected to Poole Borough Council in 1983 as a Conservative Councillor representing Creekmoor ward, but in 1985 he crossed the floor to join the SDP and Liberal opposition. Although he did not stand for re-election in 1987, he remained loyal to the Liberal Democrats for the rest of his life.

He made his mark on both the Amenities and Housing Committees where his passion for community and those less fortunate than himself shone through. He was a long-standing governor at Longspee Special School; Chairman of Poole Council for Voluntary Service from 1981 – 1986, and later became a non-executive director of South East Dorset Primary Care Trust, chairing its Palliative Care group.

Mike was truly inspirational. He had the ability and determination to turn dreams into reality. When the opportunity arose to lease an old farmhouse and buildings in Lytchett Minster he quickly set about converting them into a centre for local crafts, and in mid-1987 ‘The Courtyard Centre’ opened its doors to the public for the first time. It was here that Mike met, and subsequently developed, a strong friendship with Julia Perks, a local children’s nurse whose aspiration was to provide a hospice and respite care service for Dorset children. Sadly, Julia died prematurely from cancer, but Mike subsequently dedicated all his time and energy ensuring Julia’s dream would be realised. He established the Charity “Julia’s House” in 1997 and was awarded an MBE for his work in 2007.

Mike died on 16 November aged 84 after a long battle with Parkinson’s disease. So many families and individuals will be forever grateful for Mike’s passion and commitment and no one can doubt the immense legacy he leaves.

Our thoughts and prayers go out to his family. Mike, Rest in Peace.”

The Council paid silent tribute to Former Borough of Poole Councillor Mike Wise.

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 reported as follows:

A – Public Questions

In accordance with the Constitution the following public questions have been published on the website and a link circulated to all Councillors.  Responses to these questions have also been published on the Council’s website:

·         Marion Pope - Green Belt

·         Helen Ash - TROs

·         Susan Lennon – Overview and Scrutiny

·         Climate Change and other associated issues – Louisa Lindsey-Clark, Dr Phillipa Gillingham, Emma Appleton, Dr Ceri Edwards-Hawthorne, James Appleton, Julia Card, Clare Anderson, Mrs Wilkinson, Tina Cresswell, Dan Willis, Peter Estall, Melissa Carrington, Helen Woodall, Mary Thornton, Marcus Fidge, Ellen Dexter, Helen Nicol, Amanda Dilworth, Emma Draper, Hannah Hueston, Mike Oates, Francesca Hall, Pat Mathie, Clive Block, Anita Rose, Louise Kenchington, Alasdair Keddie, Mark Sanders

·         Conor O’Luby – noise levels

B – Statements

In accordance with the Constitution the statement received as follows had been published on the website and a link circulated to all Councillors:

·         Conor O’Luby - proportional voting system

C - Petitions

There were no petitions submitted for this Council meeting.

Please refer to the recommendations detailed below.

6a - Health and Adult Social Care Overview and Scrutiny Committee - 2 March 2020 - Minute No 59 - The Big Plan 2018-21 Commissioning Strategy for Adults with Learning Disabilities Progress Report – Bill of Rights

The Portfolio Holder for Adults presented the report on the Bill of Rights from the People First Forum as set out on the agenda.  The Portfolio Holder reported that the Bill of Rights had been adopted by the preceding Councils and that a briefing session had been held in October for all Councillors which gave representatives from the Forum the opportunity to present the Bill of Rights and to highlight the work that the Forum do prior to consideration of the document requesting that the Bill of Rights be adopted by the Council. Councillor Butler in seconding the recommendation welcomed the document and felt that it was a fantastic piece of work which should be supported by the Council.

The recommendations arising from the meeting of the Health and Adult Social Care Overview and Scrutiny Committee on 2 March 2020 relating to the above were approved.

Voting: Unanimous

6b – Licensing Committee – 17 September 2020 – Minute No 8 – Licensing 2003 – Review of Statement of Licensing Policy (SOLP)

The Chairman of the Licensing Committee presented the report on the review of the Statement of Licensing Policy as set out on the agenda.  In presenting the recommendations Councillors were advised of the obligations of the BCP Licensing Authority under the Licensing Act 2003 which were responsible for the following:

• The sale of alcohol by retail
• Supply of alcohol by or on behalf of a club, or to the order of a member of the club
• The provision of regulated entertainment
• The provision of late-night refreshment

The BCP Licensing Authority was required to carry out its functions under the Licensing Act 2003 with the view to promoting the four stated licensing objectives being the prevention of crime and disorder, public safety, the prevention of public nuisance and protection of children from harm. The Licensing Authority of BCP Council was required by section 5 of the Licensing Act 2003 at five-year intervals to determine and publish a Statement of Licensing Policy. The devolved Boroughs of Bournemouth, Christchurch and Poole had all previously published individual policies.  The Chairman explained that the Local Government Structural Changes General Amendment Regulations 2018 provided that the Licensing Authority had 24 months from the date of reorganisation being 1 April 2019 to prepare and publish a Statement of Licensing Policy for the new local government area.  Councillors were advised of the requirements within the Licensing Act 2003 under section 5 sub section 3 to undertake the relevant consultation and the review arrangements detailed in section182 of the 2003 Act.  The Chairman of the Committee explained the process undertaken in developing the Statement of Licensing Policy, the consultation and the associated timelines.  In conclusion she presented the Statement of Licensing Policy for adoption.

In seconding the motion Councillor Julie Bagwell  ...  view the full minutes text for item 54.

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 and the appointment of Councillors on Committees following the change in administration and two resignations from the Poole People and All Group.

The Leader of the Council, Councillor Mellor presented a report on the review of the political balance of the Council and the allocation of seats, 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 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 and the appointment of Councillors on Committees following the change in administration and two resignations from the Poole People and All Group.

The Leader of the Council outlined the proposal that the administration would not have the majority of seats on the Overview and Scrutiny Board.  Members were referred to recommendation (f) and the Leader proposed that Councillor Steve Baron take up the unaligned seat on the Dorset and Wiltshire Joint Fire Authority.  The Leader reported that currently there was no unaligned member identified to take the seat on the Lower Central Gardens Trust Board unless a nomination came forward for the Council to consider this seat would remain vacant.  The proposal was seconded by Councillor Broadhead.

Councillor Rice reported that she no longer had a seat on the Dorset Pension Fund Committee following the review of the political balance of the Council but had thoroughly enjoyed her role on the Committee.  In particular she highlighted the influence of Pension Funds and the impact on climate change.  Councillor Brown expressed his concerned about recommendation (e) and the proposed change in the allocation of seats on the Pension Fund.  In doing so he highlighted the significant training required and level of work as a member of the Committee.  He paid tribute to Councillor Rice for her contribution which had been highly significant. Councillor Brown reported that he was not pleased with how this change had been managed in particular with regard to the circulation of papers for an upcoming meeting.

Councillor Earl proposed the following amendment to (c) and (d) of the recommendations in the report which she indicated would better reflect the proportionality of the Council:

Amendment:

(c)   the allocation of seats to each political group, as set out in Table 2, be approved with the following amendments: 

(i)    The Liberal Democrat Group's allocation of seats on Audit & Governance Committee is reduced from three to two.

(ii)   The Conservative Group's seats on Audit & Governance Committee is increased from four to five.

(iii)  The Conservative Group's seats on Overview & Scrutiny Board is reduced from seven to six.

(iv)  The Liberal Democrat Group's allocation of seats on Overview & Scrutiny Board is increased from three to four.

(d)   the appointment of Councillors to Committees and Boards, taking into account the membership, as detailed in Table 3, and any nominations submitted by political groups, be approved apart from those Lib Dem and Conservative seats on Audit & Governance and Overview & Scrutiny Board.

Councillor Earl outlined the reasons for the above amendment taking account of the  ...  view the full minutes text for item 55.

This report incorporates the recommendations of the Independent Remuneration Panel (IRP) on their review of the Members’ Scheme of Allowances for 2020/21.

The report was deferred for consideration from the meeting of Council in June 2020 by the Chairman of Council due to the Coronavirus pandemic.

Following the change of political administration a further review was commissioned and undertaken by the same IRP to consider the role of the Lead Members. This forms part of a supplementary report.

The full year impact of implementing the IRP recommendations is £141,900.

The Council considered a report on the Members’ Allowances Scheme 2020, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'B' to these Minutes in the Minute Book.

The report incorporated the recommendations of the Independent Remuneration Panel (IRP) on their review of the Members’ Scheme of Allowances for 2020/21. The report was deferred for consideration from the meeting of Council in June 2020 by the Chairman of Council due to the Coronavirus pandemic.

Following the change of political administration, a further review was commissioned and undertaken by the same IRP to consider the role of the Lead Members.

The Chief Executive advised members that in preparing the report the figures did not take account of the national pay award of 2.75%.  He reported that these allowances would be uplifted effective from 1 April 2020 and payment would be made to Councillors in December.

John Quinton, Chairman of the Independent Remuneration Panel (IRP) presented the Panel’s report.  He explained that it has been acknowledged that post the election in May 2019 a further review would be necessary as the governance structure developed and this had been undertaken in December 2019.  Mr Quinton reported on the method of consultation, the outcome of the review which suggested that there had been an increase in workload and that the basic allowance may be on the low side, and the recommendations from the IRP indicated that the basic allowance be increased.   Councillors were referred to paragraph 13.1 c of the report which referred to school admission appeals and with the consent of the Council asked to delete this reference in the Scheme of Members Allowances. Mr Quinton referred to appendix 2 and the proposals for the appointment of 6 Lead Members following the request from the Leader of the Council.  He outlined the consultation which included Group Leaders and reported on the key findings which were set out in paragraph 5 of the report.  Councillors were informed that the Panel had some concerns about the reporting arrangements, accountability and how success would be measured for the Lead Members and for that reason recommended an allowance of £5,000.  The Chairman thanked John Quinton for his report and asked him to pass on his thanks to the Panel.

The Leader of the Council shared the following revised proposal with the Council and based on the principles proposed a revised set of recommendations:-

1.     No increase in the Basic Allowance for 21/22 (IRP £1k or any further inflationary pay award)

2.      Linking any future increases to the Local Government National Pay Award but not starting before 22/23

3.      The Leader foregoing the additional Leader SRA in full for the length of this term

4.      The ten Cabinet members having a reduction of £2,000 each

5.      The introduction of an additional SRA for Lead Members of £10,000

6.      An increase in the SRA for the Chairman of Licensing Committee to be on par with the Chairman of Planning Committee.  ...  view the full minutes text for item 56.

The Council is asked to consider and approve the schedule of meetings for the 2021-22 and 2022-23 municipal years and any associated issues.

The Leader of the Council presented a report on the calendar of meetings 2021-22 and 2022-23, 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.

The Council was asked to consider and approve the schedule of meetings for the 2021-22 and 2022-23 municipal years and any associated issues.

In moving the recommendations in the report, the Leader of the Council amended recommendation (c) to read “authority be delegated to the Chairman of the Licensing Committee to review and agree dates” this was seconded by Councillor Philip Broadhead.

Councillor David Kelsey moved that the remainder of the meeting be deferred to another date which was seconded by Councillor Judes Butt

The proposal to adjourn the meeting having been put to the vote was carried

Voting: For – 45; Against – 25; Abstention – 1

2 Councillors were unable to vote

The Chairman reported that every effort would be made to reconvene the Council meeting this side of Christmas. The meeting was adjourned at 11.15pm.

The meeting was reconvened on 8 December 2020 at 7.00pm.

The Chairman asked Councillor Mellor to remind Councillors of his proposal as detailed above seconded by the Councillor Philip Broadhead

It was RESOLVED that:-

(a)      the schedule of meetings for 2021-22 and 2022-23 municipal years as attached at Appendix 1 to the report be approved.

(b)      the revised schedule of dates for the Planning Committee for the remainder of the 2020-21 municipal year, taking account of the move to a monthly cycle, effective from January 2021 as detailed in paragraph 2 below be approved.

(c)      the Chairman of the Licensing Committee be delegated be delegated authority to review and agree dates.

Voting: Unanimous

A – Islamophobia Definition

The following motion submitted in accordance with Procedure Rule 12 of the Meeting Procedure Rules has been proposed by Councillor Drew Mellor and seconded by Councillor Chris Rigby:­

Further to the motion adopted in September 2019 that “That this Council unanimously, unequivocally and explicitly condemns prejudice and intolerance in all forms. We uphold, as is our moral and legal duty, the 9 protected characteristics of the 2010 Equality Act of age, disability, gender re-assignment, marriage and civil partnership, pregnancy and maternity, race, sex and religion or belief. There is no place in this Council, be it members or officers, for prejudice, discrimination or bigotry of any kind.

This Council resolves to:

a)    adopt the widely and nationally adopted definition of Islamophobia.

For Councillors information and ease of reference, set out below is the All Party Parliamentary Group definition of Islamophobia:

“Islamophobia is rooted in racism and is a type of racism that targets expressions of Muslimness or perceived Muslimness.”

b)    Ensure that all councillors and officers undertake regular race equality training, to include unconscious bias, to be reviewed by the Equality Action Commission.

c)    Provide an easily accessed route for any minority group with recognised characteristics to be similarly recognised by BCP Council.

B – Fireworks

The following motion submitted in accordance with Procedure Rule 12 of the Meeting Procedure Rules has been proposed by Councillor Lisa Lewis and seconded by Councillor Tony Trent:­

This Council resolves:

· to require all public firework displays within the local authority boundaries to be advertised in advance of the event, allowing residents to take precautions for their animals and vulnerable people

· to actively promote a public awareness campaign about the impact of fireworks on animal welfare and vulnerable people – including the precautions that can be taken to mitigate risks

· to write to the UK Government urging them to introduce legislation to limit the maximum noise level of fireworks to 90dB for those sold to the public for private displays

· to encourage local suppliers of fireworks to stock ‘quieter’ fireworks for public display.

C – Ban on Badger Cull on BCP Land

The following motion submitted in accordance with Procedure Rule 12 of the Meeting Procedure Rules has been proposed by Councillor Vikki Slade and seconded by Councillor Chris Rigby:­

Badger culling was piloted in England in 2013 as an attempt to reduce the devastation of Tuberculosis in cattle.  In Summer 2014, Borough of Poole passed a motion which banned the culling of Badgers on land owned by the council, whether it was managed directly or leased to others.  It does not appear that any of the other legacy councils in this area has passed such a motion

In 2015 the cull was formally extended to parts of Dorset and between 2016 and 2019 a further 39 areas of the country were included and earlier in 2020 an additional ten areas in the ‘High Risk and Edge’ areas will also become part of the area where the culling of badgers  ...  view the full agenda text for item 58.

The following motions were submitted in accordance with Procedure Rule 12:-

A - Islamophobia Definition

Councillor Drew Mellor in accordance with the relevant provisions within the Constitution, through the Chairman, and with the consent of the Council moved the altered motion as follows which was seconded by Councillor Chris Rigby

This Council resolves to:-

(a)     Adopt the widely and nationally adopted definition of Islamophobia. For Councillors information and ease of reference, set out below is the All Party Parliamentary Group definition of Islamophobia: “Islamophobia is rooted in racism and is a type of racism that targets expressions of Muslimness or perceived Muslimness.”;

(b)     Ensure that all councillors and officers undertake regular race equality training which will include, as a minimum, a working understanding of our public sector equality duty and unconscious bias;

(c)     To reaffirm BCP Council’s commitment to eliminate discrimination. To lead on developing positive relationships across our communities, tackling prejudice and ensuring the public sector equality duty remains at the heart of decision making so that fairness is central to all that we do.

Councillor Rigby in seconding the motion was proud to highlight how this cross-party motion had been developed.  He thanked Councillors Dove, N Greene, Earl, Farquhar and Slade for their support. Councillor Rigby highlighted part (c) of the motion and the need to eliminate discrimination and prejudices.

The Chairman reported that full Council needed to consent to debating the altered motion which was confirmed by Members.

Members in considering this cross-party motion commented on the importance of the Council having no prejudice and respecting and welcoming everyone in the BCP area, highlighted the need to engage with all communities and demonstrate tolerance, arrange and support events that demonstrate the diversity of cultures and religious practices in the area and emphasised that the motion provided a clear and unambiguous statement.

The Chairman asked Councillors to confirm if they supported the request for a recorded vote.  The Chief Executive reported that the requisite 25% of Councillors had agreed to the recorded vote.

In accordance with the Constitution the following was recorded on the altered motion:

For

The deadline for questions to be submitted to the Monitoring Officer is 16 November 2020.

Question from Councillor Mark Howell

A recent Active Travel press release by the Council stated that the Keyhole Bridge measures are to be removed as “ward councillors have received reports from local residents of incidents between pedestrians and cyclists and also of motorcyclists taking advantage of the closure to considerably increase their speed, causing danger to pedestrians.

1.      Did the Transportation Portfolio Holder receive a report from officers analysing and advising on the impact of the measures on public safety prior to making his decision or did he only act on anecdotal reports from ward councillors and residents?

2.      Why were Poole Town councillors (who are supportive of the closure) not consulted considering the bridge spans the boundary of Poole Town and Parkstone wards?

3.      What are the percentages for and against closure of consultation responses filed since implementation of the measures?

Response from Councillor Mike Greene, Portfolio Holder for Transport and Sustainability

I have been involved in various discussions about Keyhole Bridge with officers, councillors and members of the public. Most of these have involved the subject of public safety among other items. I have also examined the reported collisions at and around the bridge. These include the latest incident between a motor vehicle and a pedestrian or cyclist, which occurred in 2013.

I would note that the relevant guidance for the Keyhole Bridge ETRO, Local Transport Note 1/20: Cycle Infrastructure Design, clearly states that effective engagement with the local community, particularly at an early stage, is essential to ensuring the political and public acceptance of any scheme. The Department for Transport advises engagement as good practice even where there is no legal requirement to do so for the measures being proposed. This was clearly not undertaken by the previous Administration in the case of Keyhole Bridge and the other closures introduced under Tranche 1 of the Emergency Active Travel Fund. 

The road closure is in Parkstone Ward, very close to its boundary with Poole Town Ward. All homes in close proximity to the closure lie in Parkstone Ward. However, all Poole Town ward councillors were invited to a meeting on Friday 9 October 2020 to discuss the topic of Traffic through Poole Park including the Keyhole Bridge measure. It is unfortunate that Cllr Howell could not attend, although his views were previously recorded and considered. The other two Poole Town Ward councillors did attend.

In the 7-week period of closure up to 8 October, when it was reported that I would not support it continuing, around 48% of the consultation responses received were in support of the closure, with 49% opposing it. After my public announcement that I hoped to reopen the route, further responses were received which were 79% in support of the closure and 18% against. Taking into account all responses, 60% are in support; 37% opposed.

As someone who believes passionately that BCP’s congestion problems can only be solved by a significant modal shift to sustainable transport, the ETRO episode has been thoroughly depressing.  ...  view the full minutes text for item 59.