Agenda item

Please see recommendations detailed below.

7a – Licensing Committee 4 March 2021 – Minute No 33 – Item of Any Other Business – Procedural Issue

The Chairman of the Licensing Committee presented the report on the procedural issue as set out on the agenda.  The Council was advised that this issue related to the single private hire area for BCP Council.  The Chairman explained that a procedural error had been reported to her and the Licensing Committee on 4 March 2021.  Members were reminded that the Council on 23 February 2021 had agreed to apply Part II of the Local Government Miscellaneous Provisions Act 1976.  The Chairman reported that due to the procedural error this was undertaken without the pre-requisite legislative requirements. In order to meet the provisions of Section 45 of the Local Government Miscellaneous Provision Act 1976 the Chairman advised that the Parish Councils had been notified and an advert placed in the local press for two consecutive weeks of the Council’s intention to resolve that the provisions of Part II of the Local Government Miscellaneous Provisions Act 1976 will apply in their area.  This resolution when made by full Council will create the single private hire area for the BCP conurbation for the provision of private hire licensing from the date specified as part of the resolution and this aspect of the policy was welcomed by the taxi trade. The Chairman confirmed that the parish councils had been notified by email of this intention and the notices had appeared in the daily echo on 5 and 12 March 2021.  The Licensing Committee on 4 March had unanimously agreed to recommend that the Council resolves that Part II of the Local Government Miscellaneous Provisions Act 1976 shall apply to the whole administrative area of Bournemouth, Christchurch and Poole Council from 1 June 2021.The proposal was seconded by Councillor Kelsey.

The recommendation arising from the Licensing Committee on 4 March 2021 relating to the above was approved.

Voting: Unanimous 

7b - Audit and Governance Committee 11 March 2021 - Minute No 70 - Report of the Constitution Review Working Group - Changes to the Council's Constitution

The Chairman of the Audit and Governance Committee presented the report on changes to the Constitution as set out on the agenda that was seconded by Councillors Williams.

Councillor Slade referred to the opportunity for welfare payments for Councillors.  She reported that she was disappointed that the issues around equality and diversity in the senior leadership team was not discussed.  She recognised that Councillors were not employees but that the six-month rule would enable them to maintain their responsibilities as a Councillor.  Councillor Slade highlighted that if we want a Council that was representative of the community it was necessary to move forward and think about this issue.  Councillor Slade referred to other associated issues including the ill health of a Cabinet Member and the implications for the Councillor and how the work of the Cabinet Member would be addressed.  She hoped that this matter could be revisited and indicated that she would be happy to take forward an appropriate policy similar to those being progressed by other Councils on welfare payments for Councillors such as maternity and sick pay.

The recommendations arising from the Audit and Governance Committee held on 11 March 2021 as set out on the agenda were approved.

Voting: Agreed

Councillor George Farquhar wished to be recorded as abstaining from the above decision.

7c - Audit and Governance Committee 11 March 2021 - Minute No 72 - Financial Regulations - Annual Evolution for the financial year 2021/22

The Chairman of the Audit and Governance Committee presented the report on the Financial Regulations as set out on the agenda that was seconded by Councillor Williams.

The recommendation arising from the Audit and Governance Committee held on 11 March 2021 on the above as set out on the agenda was approved.

Voting: Agreed

7d - Cabinet 10 March 2021 - Minute No 312 - LTP Capital Programme 2021/22

Councillor Mike Greene, Cabinet Member for Transport and Sustainability presented the report on the LTP Capital Programme for 2021/22 as set out on the agenda.  He explained that this was the annual update of the Local Transport Plan and provided the details on how capital funds would be spent in accordance with the objectives of the LTP which were to reduce the need to travel, to maintain and manage the existing network more efficiently,  active travel and greener travel choices, public transport alternatives to the car, car parking measures, travel safety measures and strategic infrastructure improvements. The Cabinet Member advised of the funding sources from the Department for Transport, local contributions as the Local Authority and external sources including from the Dorset Local Enterprise Partnership.  Councillors were advised of the addendum which had been provided which was due to the actual grant figures from the Department for Transport being received following publication of the Cabinet agenda and prior to the Cabinet meeting. The Cabinet Member reported that additional funding of approximately £1m was received in recognition of the Council’s approach to transport. Councillors were informed that the funding had been split into two different sections the integrated transport block and the highways maintenance block.  Councillor Mark Anderson seconded the proposed recommendations. Members were encouraged to attend the all Member Seminar on Highway Maintenance being held on 24 March 2021.

Councillors in considering the recommendations raised a number of issues including the need to make provision for potholes in the plan if the Government funding did not continue, clarification on the detail of the addendum including access via the modern gov app, and seeking reassurance that the spend would include measures to improve child safety and access for disabled users to walking and cycling facilities which should be consistent. 

The Cabinet Member in summing up responded to the issues raised and reported that there was always the danger that the Government would withdraw the funding for pothole and challenge fund contributions but he had confidence that there would be repeat funding in the future,  in respect of the app he asked Democratic Services to look at the issue raised by Councillor Trent, he clarified the position relating to the addendum and referred Councillors to pages 147-149 which set out the latest figures and confirmed in respect of travel safety the funding was 50% higher than the previous administration.

The recommendations arising from the Cabinet meeting held on 10 March 2021 on the above as set out on the agenda were approved.

Voting: Agreed

7e - Cabinet 10 March 2021 - Minute No 313 - Children and Young People's Partnership Plan 2021-2024

Councillor White, Cabinet Member for Children and Young People presented the report as set out on the agenda.  He reported that the Plan had been produced by the Children’s Services Partnership Board which was chaired by Anthony Douglas who was the Council’s independent DfE Adviser.  Councillors were informed that the Board was the successor to the previous Learning Partnership Board the difference being its focus was on all issues for Children not just education.  The Cabinet Member explained that the membership of the Board included a variety of partners including education, schools, health and representatives from the Council.  He highlighted that having a Plan in place was a requirement placed on BCP Council by the LGR process. Councillors were advised that it was an ambitious plan with a range of priorities. The proposal to support the Plan was seconded by Councillor Nicola Greene and in doing so she highlighted that she welcomed the transparency and visibility that the Plan was receiving. She referred to the crucial links with Schools and paid tribute to all those in schools who had worked to keep schools open through the successive lockdowns for the children of key workers and also for vulnerable children. Councillor Greene paid tribute to parents for the home schooling undertaken during the lockdown.

Councillor Bagwell arrived at 7.16 pm

The Chairman of the Children’s Services Overview and Scrutiny Committee confirmed that the Plan had come to the Committee.  He explained that the Committee found it an agreeable and engaging plan and welcomed the multi-agency work being undertaken. A Councillor felt that the Plan contained excellent data and was written in way that was interesting, informative and included the views of Children and Young People.  She explained that a gap in provision for young people had been identified and recognised and new targeted services introduced as a result including the redesigned early help offer, the new complex safeguarding team and the team around the school which were now proving their worth.  The Councillor highlighted that it was essential children were not vulnerable to crime and the involvement of the Police on the Board was welcomed.  It was clear that prevention and partnership working was the way forward.

The recommendation arising from the Cabinet meeting held on 10 March 2021 on the above as set out on the agenda was approved.

Voting: Unanimous.

7f - Cabinet 10 March 2021 - Minute No 315 - Sale of Christchurch By-Pass Car Park

Councillor Mellor, Leader of the Council, in presenting the report on the above thanked the Ward Councillors for their input and the Chairman of the Overview and Scrutiny Board for enabling a special meeting to be held yesterday on this issue to enable this matter to reach Council for decision today and in doing so had the benefit of wider member engagement.  The Leader of the Council reported that the potential disposal of the car park was a matter that was inherited from the previous administration and explained that his instruction was that there would need to be a special reason to sell a town centre asset and if that course of action was agreed the Council would need permanent control of its use.  He explained that such successful negotiation had been achieved and a clause in the proposed contract now had the permanency of protection of use which usurps the original covenant proposed.  He explained that this was a good outcome and paid tribute to diligent officers, led by Sam Munnings and the Ward Councillors whose input assisted in negotiations.  The Leader reported that there was a real risk to Christchurch that it could lose Waitrose from the Town and felt that the progression of the disposal was a judgement call and should righty be decided by the Councillors that were closest to the issue and that was why the Conservative Group would respect the determination of this issue by Christchurch Councillors.  The Leader of the Council reported that other than the Christchurch Councillors the Conservatives would abstain from this vote.  Councillor Broadhead seconded the proposal and provided further background on the issue and the potential impact on current and future arrangements for the car park.

Councillors in considering the proposals raised a number of issues including the consultation, future use of the car park, the timetable for the consideration of the proposed disposal and the associated negotiations, the abdication of responsibilities of the Cabinet, suggesting that the proposal should have been withdrawn or amended, that the determination of the issue should lay with the Christchurch Councillors, the lack of transparency and openness and the implications of the disposal for Christchurch.   A Councillor asked if an approach was made for a leasehold arrangement that this would not be dismissed by Officers and such a proposal would be given due consideration in a report to Cabinet and if needed could additional resources be made available to develop a policy for the purchase and disposal of assets as soon as possible.  A Councillor sought clarification on how the recommendation from the Overview and Scrutiny Board should be dealt with to ensure compliance with the Constitution.  The Monitoring Officer reported that scrutiny was there to scrutinise the decisions of Cabinet and referrals can be made back to Cabinet but in this instance the decision falls to Full Council for determination as Cabinet on its own was not able to take the decision due to the value of the site exceeding £1m which required the matter to come to Council.  Therefore, it was proper for Council to consider the recommendations from the Overview and Scrutiny Board and take the final decision. The Monitoring Officer reported on the arrangements for dealing with a late item. A Councillor commented on the dynamics of supermarket shopping which he felt needed to be considered. A Councillor asked if the administration would be reviewing the guidelines for dealing with assets to avoid such a situation. A Ward Councillor referred to the cost of collecting the rent and asked for this to be investigated and the loss of car parking spaces in the area.

The Chairman of the Overview and Scrutiny Board reported that the Board had reviewed the recommendation made by Cabinet and the Board at its meeting on 22 March 2021 unanimously agreed that the Overview and Scrutiny Board recommend to Council that the Council does not sell the Christchurch By-Pass car park but keeps the operation and ownership of it within BCP Council. 

The meeting was adjourned from 7.55 pm – 8.05 pm

The Leader of the Council in summing up reported that he and the administration were committed to investing in Towns in the BCP area and not selling them off and he had spoken on record about the approach taken by the previous administration. In addition, he believed it was the right approach for the Christchurch Councillors to determine this issue.

The recommendations arising from the Cabinet meeting held on 10 March 2021 on the above as set out on the agenda were not approved.

Voting: For – 0, Against – 36, Abstentions – 36

Councillor George Farquhar wished to be recorded as voting against the recommendations.