Please note that a 3 minute video will be played in the Foyer on … · 2019. 9. 6. · Please note...

1

Date: 30 November 2012 Meeting of the Council Monday, 10 December 2012 at 6.35 pm Council Chamber, Town Hall, Warrington

Steven Broomhead Interim Chief Executive _______________________________________________________________ Agenda prepared by Sharon Parker, Councillor Services Manager – Telephone: (01925) 442104, Email: [email protected]) _______________________________________________________________ Please note that a 3 minute video will be played in the Foyer on the recently launched Warrington Food Bank. 1. Apologies

2. The Minutes of the Council

To be moved by the Mayor and seconded by the Deputy Mayor: That the Minutes of the Council held on 29 October 2012 be agreed as a correct record.

3. Code of Conduct – Declarations of Interest Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012

Members are reminded of their responsibility to declare any disclosable pecuniary or non-pecuniary interest which they have in any item of business on the agenda no later than when the item is reached.

The Solicitor to the Council or representatives in Democratic and

Member Services are available prior to the meeting to advise and/or to receive details of the interest and the item to which it relates.

mailto:[email protected]

2

Declarations are a personal matter for each Member to decide. Whilst officers will advise on the Code and its interpretation, the decision to declare, or not, is the responsibility of the Member based on the particular circumstances.

4. The Mayor's Civic Announcements 5. The Leader’s Announcements 6. Questions Received from Members of the Public

In accordance with Standing Order 13.11-13.24 questions from the public must be received by the Head of Democratic and Member Services by 12 noon on Monday, 3 December 2012. No more than 3 questions shall be addressed and no person or body or organisation may submit more than 1 question at any one meeting. A time limit of five minutes shall apply per question to cover the asking of the question, the response and any supplementary question and response. Responses will be given either orally or in writing. The Mayor will invite the questioner to put the question to the Councillor nominated to answer it. The Mayor may receive 1 supplementary question, which must be related to the original question. Should any questions be received after the date of agenda issue but prior to the closing date for receipt of questions further details will be provided.

7. To Receive Reports from the Executive Board & the Council’s Committees 7.1 Appointment of Chief Executive

Minutes of Chief Officer Employment Committee 7.2 Committee Review Report of the Constitutional Sub Committee 7.3 Constitutional Changes Report of the Constitutional Sub Committee 7.4 Revision to the Street Trading Policy Report of the Licensing Committee

3

8. Questions from Members of the Council In accordance with Standing Order 13.1 – 13.10 Questions must be received by the Head of Democratic and Member Services, in writing by 5.00pm on Tuesday, 4 December 2012. The time allowed at Council meetings for asking and responding to a question including any supplementary questions should normally be five minutes.

Should any questions be received after the date of agenda issue but prior to the closing date for receipt of questions further details will be provided. Question 1 – From Councillor McLaughlin to the Leader Will the Leader join me in thanking the National Grid, Council officers, the South Area police team and Golden Gates Housing Trust (GGHT) for their rapid and well-co-ordinated response to the gas emergency in the Victoria Park area of Latchford West two weekends’ ago and also in thanking residents for their response in handling the situation with patience and understanding?

9. Motions In accordance with Standing Order 15, motions must be delivered to the Head of Democratic and Member Services by 9.30am on Friday, 30 November 2012. 1) Planning Records Proposed by Cllr Brian Axcell Seconded by Cllr Ian Marks This Council:

(1) Notes that in a report dated 14th April 2011, Warrington Borough Council was found to be guilty of gross maladministration by the Local Government Ombudsman in a planning matter related to Marton Close, Culcheth, and that in the course of that enquiry the Local Government Ombudsman’s agent discovered that almost all the Council’s record of plans and applications approved in its area prior to 1996 had been destroyed, contrary to Planning Law;

(2) Recognises that at the Council Meeting on 10th September 2012 a report was accepted, which stated that the Council had in 2006 made a decision to destroy certain planning records;

(3) Accepts that no such decision was made by a formal meeting of the Council or with the consent or knowledge of any elected member. The report should instead have said that the destruction of planning

4

records was on the instructions of an officer of the Council and is therefore regarded as an act of maladministration by the Council;

(4) Also accepts the findings of the commissioned Counsel’s report that the decision to destroy planning records was taken by a senior Council Officer and was not referred to any elected member, nor the Chief Executive, nor the Council’s Legal Officers;

(5) Notes that the report also found that the officer who took this decision had been advised that it would be unlawful and against the Council’s document retention policy to destroy the records. Despite this advice, the officer ordered his staff to destroy the records. That the staff involved in destroying the records expressed some misgivings about the action but did not utilise the Council’s whistle-blowing policy. They did not inform senior officers of the Council or Councillors about the action being taken;

(6) Regrets that the officer who took the decision to destroy the planning record refused to attend the Counsel’s inquiry into the destruction;

(7) Expresses disappointment that the senior officer involved has not seen fit either to explain his actions or to apologise and requests that he be invited to a future meeting of the Audit and Corporate Governance Committee to do so.

2) Sustainable Communities Act Proposed by Cllr Ian Marks Seconded by Cllr Mike Biggin This Council (1) Supports the aims of the Sustainable Communities Act that gives councils the power to make proposals to central government for action and assistance to promote sustainable communities and which may involve the transfer of powers and public money from central to local control; (2) Understands that the term Sustainable Communities is a broad one that may involve the improvement of the local economy, protection of the environment, promotion of social inclusion and wellbeing and participation in civic, political and democratic activity Notes that in June the Regulations of the Act (which received all-party support when it became law in 2007) were changed to make it easier for councils to submit proposals; (3) Resolves to consider using the opportunities presented by the Act by responding to the government’s invitation for proposals for action and assistance.

5

3) Health Awards Proposed by Cllr Ian Marks Seconded by Cllr Judith Walker This Council: (1) Welcomes the strong partnerships developed in the last few years between the Council and the NHS in Warrington which form a sound basis for improving the health of the local population; (2) Congratulates the Warrington Clinical Commissioning Group on winning the most Advanced Clinical Commissioning Group 2012 award at the National Association of Primary Care Vision Awards and being named Commissioning Organisation of the Year at the Health Service Journal Awards.

4) Warrington Foodbank Proposed by Cllr Maureen McLaughlin Seconded by Cllr Linda Dirir This Council welcomes the efforts of volunteers, donors and the Trussell Trust in setting up the Warrington Foodbank which launched on 24th November 2012.This Council resolves to ask the Leader to write to the Warrington Food Bank to express the Council’s support for their work in supporting local people at crisis point. 5) Payday Loans

Proposed by Cllr Maureen McLaughlin Seconded by Cllr Linda Dirir This Council:

(1) Notes with concern that the continued rise in food and fuel prices hits families on low incomes in Warrington the hardest and that over 60% of people taking out payday loans use the money to pay for household bills and essential items.

(2) Acknowledges that payday loan companies are currently able to charge exorbitant interest equivalent to a percentage rate in the thousands.

(3) Notes with concern that payday loan companies can require borrowers to sign a ‘continuous payment authority’ which allows them to take payments directly from bank

6

accounts, and that 1 in 10 payday loan users are foregoing food to pay their debts and are thereby being forced to rely on foodbanks.

(4) Further notes that the Coalition Government’s Universal Credit system, due to start in Warrington from April, could further exacerbate these issues.

(5) Resolves that the Leader of the Council writes to the Coalition Government to urge the Government to honour its recent commitment to legislate to give authority to the new Financial Conduct Authority to set a limit on payday loans interest rates; to call on the Government to ban or restrict advertising by payday loan companies; and to ask the Government to stop the practice of continuous payment authority by irreputable loan companies.

10. 2012/13 Mid Year Treasury Management Review Report

Report of Lynton Green, Chief Finance Officer. 11. Delegation of Approval of the Council’s National non Domestic

Rates 1 Form (NNDR1).

Report of Lynton Green, Chief Finance Officer

If you would like this information provided in another language or format, including large print, Braille, audio or British Sign Language, please call

01925 443322 or ask at the reception desk in Contact Warrington, Horsemarket Street, Warrington.

Portfolio Report, December 2012 Colin Froggatt – Executive Member, Children & Young Peoples Services

Christmas Sketch a Santa Competition

We are very pleased that Demi Holmes, a pupil from Woolston Community Primary School, won the national Sketch a Santa competition sponsored by Asda and the ITV Daybreak programme. She was featured on TV and her card can now be purchased from Asda stores. Demi is also a daughter of a member of staff at the Council.

Adoption Scorecard Information

The adoption scorecards are part of the Government’s ‘action plan for adoption,’ which looks to raise the profile of adoption as offering a permanent loving home for a child. The scorecards highlight key indicators showing how quickly each local authority places children in need of adoption, past figures have shown that nationally children have waited too long.

Some Local Authorities have been identified as causing concern in relation to the timeliness of adoption. Warrington has not been identified and has improved its performance since the last scorecard was published in May 2012. There is still work to do in this area; a further scorecard will be produced in October 2013.

White Ribbon Campaign

This year’s White Ribbon Campaign is well underway. The campaign is primarily aimed at men and boys, and encourages them to pledge that they will never commit, condone or remain silent about violence against women. The Mayor supported a Christmas event at Warrington market where families shared their experiences of domestic abuse and received information about support services in Warrington. Other activities include a range of community fundraising events such as a ‘pyjama day’ at Warrington refuge and a cake sale by Dallam primary school women’s group. The fire service, supported by the Soroptomists, has delivered information packs to vulnerable older people across the borough and a number of young people have taken posters into schools to be displayed.

School Inspection Reports

There have not been many school inspections since the last full Council meeting. One of our high schools, Sir Thomas Boteler, was inspected in November and judged to have made progress since the previous inspection, but still requires improvement – the new Ofsted description of ‘Satisfactory’ schools. Two further schools have been inspected and while we are pleased with Ofsted’s comments the final judgement for the two schools has not yet been disclosed. Ofsted has also recently published its annual report which lists how well different Local Authorities have performed in terms of the percentage of pupils who attend good and outstanding schools. The information contained in the main report and picked up by the press is a bit misleading as it is not reporting the percentage of schools judged good or better, but the percentage of children attending such schools, wherever they might be. However, we are pleased that Warrington is above the national average. Ofsted’s data shows that last year 71% of our schools were good or outstanding compared to

70% nationally, this includes 25% of our schools judged to be ‘Outstanding’ compared to 21% nationally. Our aspiration continues to be that all of our schools are good or better.

Ofsted Pilot Inspection

Warrington is one of five local authority areas which is working with Ofsted and the inspectorates for police, probation, and health and adult services to test a new framework for the inspection of multi-agency arrangements for the protection of children. The inspectors will arrive ‘unannounced’ for a two week period during January 2013. The pilot inspection will provide an opportunity to demonstrate how multi-agency working in Warrington has provided effective early help and support to families and protected children and young people at risk of harm. Inspectors will consider quality of practice and partnership working and assist us in identifying any areas for development.

School Meals

We have received a big vote of confidence by primary schools in the school meals service (and the effective financial management now in place) given that the Schools Forum has committed to an in-house service for the next 3 years. This is great news for our staff and for local employment.

Capital Resources Children and Young People's assets service continue to maximise the impact of our capital resources through delivery of wonderful new facilities for the benefit of Warrington children, young people and their families. New facilities opened since the summer: - Town Centre Careers Office; - Contact Centre for Children's Social Care; - New teaching block for Birchwood High School; - Entire new school building for Great Sankey Primary School. The new school building for Sycamore Lane/Chapelford communities will open in the new year (February 2013) and the following have either just started on site or will be underway soon: - New building for Bewsey Lodge Primary School; - Entire new building for Woolston Primary School; - New facilities for Fox Wood Special School and Green Lane Special School. These capital schemes demonstrate the Council's commitment to prioritise investment in children and young people's future and supporting the most vulnerable.

WWiSH Adoption Service The WWiSH Adoption Service have received an overwhelming response from members of the public who are interested in becoming adopters. National Adoption week in November has attracted over 100 potential adopters to the service, 41 families are invited to attend an information session on 13

December. This is very good news for Warrington's Children in Care who are waiting for adopters.

GEM Award

The Children in Care Service is proud to announce that Kelli Hill, who is a care leaver and the former chair of the Children In Care Council, has been successful in receiving a GEM Award. This is in recognition of the huge contribution that she has made to the progress of the Children in Care Council and in ensuring that the voice of children in care is heard at every opportunity.

Portfolio Report, December 2012 Russ Bowden – Executive Member, Corporate Resources & Assignments

2013/14 Budget Consultation

Last week saw the launch of our Budget Consulation for 2013/14. Warrington, like all local authorities, is facing challenging times ahead as the Coalition Government continues to reduce public sector funding.

The exact details of the borough’s financial settlement for 2013/14 have not yet been made public, that announcement has been delayed and is now expected to be mid-December.

Based on available information from the Treasury and Department for Communities & Local Government to date, we estimate there will be at least a £12 million budget shortfall next year. This comes on top of the £32 million of reductions and savings that have been made in the borough since 2010.

We have to consider how to prioritise the resources available for the wide range of vital services we provide to the community. This year's budget process will involve some difficult decisions, which reflect national and local priorities as well as the needs, wants and aspirations of everyone who lives in the town.

The views of the public are an important consideration. This administration is committed to listening and responding to the views of residents and wants to provide the opportunity for local people to have their say via the public consultation which commenced last week.

We are committed to protecting frontline services as far as possible, supporting the most vulnerable in our communities and growing our local economy. However the grim reality is that we now have to reduce, change or even stop some of the services that we know people in Warrington rely on because of these devastating funding cuts from the national Government.

We have challenged officers to be more creative and where possible we are looking at innovative use of capital monies to improve facilities and to reduce the Council's ongoing costs, as well as creating opportunities for investment and job creation in Warrington.

Copies of the 2013/14 budget consultation document are available in the main Council buildings such as the Town Hall, Sankey Street, New Town House, Buttermarket Street and Contact Warrington, Horsemarket Street.

It is also available to view and download via www.warrington.gov.uk/budget and comments can be submitted via [email protected]

The closing date for responses is Friday 11 January 2013.

http://www.warrington.gov.uk/budget


Portfolio Report, December 2012 Cllr Mike Hannon – Deputy Leader

Event to Mark 20th Anniversary of IRA Bombing in Warrington I reported at the last full Council meeting on the plan to stage a special commemorative event in March 2013 to mark the 20th anniversary of the town centre IRA bombing. Discussions about the arrangements for this event have continued since the last meeting. I believe strongly that the school children of Warrington should understand the importance of this event within our town. Rev Stephen Kingsnorth and I met with a group of head teachers from Warrington primary schools on Thursday 6 December at the Town Hall to discuss the event planned for next year. Some of those two dozen or so in attendance knew first hand about the bombing and others did not. All were engaged and on board with the idea of rediscovering and reintroducing this topic back into the local history curriculum taught in Warrington schools. An educational task group will be set up to progress this work with the help of officers from Children and Young Peoples Services, with a view of starting in the new term in September.

Portfolio Report, December 2012 David Keane – Executive Member, Environment & Public Protection

Green Apple Award Warrington Borough Council’s Waste Minimisation & Recycling Team has won the Top UK Local Authority – Green Apple Award 2012 for Environmental Best Practice. The Green Apple Environment Award is a national campaign to find Britain’s greenest companies, councils and communities. The award is for the education and engagement work the team has undertaken over the last 18 months in ‘hard to reach’ areas of Warrington. They have undertaken targeted door-stepping of 1500 residents in four areas of low recycling participation. These areas include Dallam, Longford, Whitecross and Valiant & Vulcan Close. The project was a massive success with some areas like Hodgkinson Ave in Dallam seeing a 65% increase in Recycling. Direct engagement with hard to reach residents has been key to the Council’s waste and recycling team’s success in encouraging participation in the Council’s kerbside recycling services. They competed against more than 500 other nominations and were presented with their Green Apple Award at a presentation ceremony in the House of Commons on November 12th 2012. As a result of this success they have been invited to have their winning paper published in The Green Book, the leading international work of reference on environmental best practice, so that others around the world can follow their example and learn from their experience. The Green Apple Awards began in 1994 and have become established as the country’s major recognition for environmental endeavour among companies, councils, communities and countries. The awards are organised by The Green Organisation, an independent, non-political, non-activist, non-profit environment group dedicated to recognising and promoting environmental best practice.

Portfolio Report, December 2012 Pat Wright – Executive Member, Health & Wellbeing and Adult Services

Carers Centre Opens in Sankey Street

With support from Council colleagues, the Warrington Carers Services (provided by WIRED) have now successfully moved into their new home in the ground floor of 86 Sankey Street. Some renovation work is required and whilst this is taking place, the Monday and Friday Drop-Ins will temporarily take place in The Town Hall, ground floor rooms. This is a really positive move and I know that the Carers Service are already exploring the new opportunities for service development that this new base offers, and it really is great to see the service in such a prominent and accessible place within the town.

Leader’s Announcements, December 2012 Cllr Terry O’Neill

Appointment of Chief Executive and Interim Chief Executive Formal Arrangements

Following the two day assessment centre at the Town Hall last week, the Council’s Chief Officer Employment Committee convened to assess shortlisted candidates. After long discussions, the committee concluded they could not make a unanimous decision about an appointment and have therefore decided to re-advertise the vacancy. The current Interim Chief Executive arrangements will remain in place going forward.

Apprenticeships

I'm delighted to update you on the progress of our Warrington Apprenticeships Programme. A total of 26 people have now been offered jobs at the Council, in a wide range of roles including outdoor environmental roles; vehicle mechanic; catering; transportation; finance; neighbourhood and youth work; and a variety of administration roles across several different departments. I am really pleased that our managers have been able to commit to this programme and find the budget to offer so many rewarding opportunities for our local residents. Successful candidates are being invited to a Welcome and Celebration event on 17 December and, subject to final checks, will start their jobs on 7 January. We were overwhelmed with the number of applications received - 230 in all - and have written back to all unsuccessful candidates to offer some suggestions of other support and opportunities that might be available for them. The Council continues to prioritise apprenticeships and will be looking again in the New Year at what further support we can give to encourage other local employers to offer similar opportunities.

Warrington Skills Commission

The Warrington Skills Commission has brought together Business, Education and Skills partners from across the town to focus on the skills businesses require now and in the future which will strengthen the local economy. Following the launch of the Commission in October, two workshops were held in November with Education and Skills providers and the business sector. Each lively workshop gave attendees the opportunities to engage in discussion about our current position, raise issues faced and make suggestions for the future. A formal commission meeting was held in public on Friday 7 December. The final report of the Commission's findings and recommendations will be launched in January 2013.

Warrington Means Business

A few weeks ago we launched the ‘Warrington Means Business’ strategy which aims to build our existing economy. It sets out our ambitious plans for the town and sends out a clear message - come and invest in Warrington.

http://www.warrington.gov.uk/download/downloads/id/3155/warrington_means_business

Omega

I’m pleased to say that the Omega site is still very much open for business. Omega Warrington Ltd (OWL) is in advanced discussions with a number of potential occupiers. The first development on the site has recently been granted planning permission with work expected to begin on site in 2013.

Update on Welfare Reform

My concern over the impact of welfare reforms continues. We are challenging Government at all opportunities to answer our concerns over the most vulnerable residents who cannot access the internet, or who will be unable to cope with monthly or direct payments, not because they don’t want to, but because their circumstances make it near impossible. But the Government is determined to make sweeping changes, regardless of the impact, and so it falls to us and our partners locally to help residents to prepare. Working with our partners throughout Warrington, we have held a series of awareness workshops for Members and also for around 200 frontline professionals, to ensure they are well placed to support residents. We are asking staff to speak to their clients about welfare changes, and have given them some practical advice on where to go for further support. We have also identified around 200 households who may be especially at risk to cuts in benefits, due to vulnerability such as depression, or learning disabilities, or already existing debt. The next step is to make sure they are all contacted, in person, to offer help to understand the changes the Government is making, and what options they have. The Council and other partners are also contacting other residents who are likely to be affected, by letter, phone and face-to-face, to try and increase awareness of the changes. We’ve already held a staffed stand at ASDA Cockhedge, and we’re holding another at Orford Jubilee Park Neighbourhood Hub on 14 December. We are also working closely with CAB, Warrington Disability Partnership, local Social Landlords and others to develop a bid for up to £250,000 to the ‘Advice Services Transition Fund’. In preparing for a future of more demand and less funding we hope to secure investment to improve how we work together to deliver support.

Warrington Highlights from the North West End of Games Report

The North West began its journey to make the most of the opportunities presented by London 2012 back in 2005 with the message ‘Be Inspired’. This journey began in the face of a mix of genuine enthusiasm to embrace the Games and some initial cynicism. However, seven years on it is clear that the region was fully engaged in London 2012 and has reaped huge benefits. The highlights in Warrington were -

The Orford Jubilee Park opened by Her Majesty the Queen in May 2012 (£2m invested) which was one of six North West facilities that were funded under the Iconic facilities programme

The Cheshire and Warrington School games which were held at Orford Park in June 2012. Get Set registrations – from 104 eligible schools in Warrington 83 registered (79.8%) The Cultural Olympic dance project, The Moment When – created by Cheshire Dance and

Walk the Plank – was performed at Orford Jubilee Park Penketh High School – a ‘Plan Your 2012’ school Grappenhall Hall School and Birchwood Community High School – Get Set schools with

Torchbearer places Bruche Community Primary School – a Guard of Honour school Samantha Jones from Warrington carried the Torch in honour of Dave Connor in the

Paralympic Torch Relay

40,000 lined the streets of Warrington to watch the Torch Relay

GVA Business Event

The Executive Director of Environment and Regeneration and I (along with partners Warrington & Co, Marketing Cheshire and GVA) attended an event in London on 27 November to promote the Warrington economy to 80 investment managers. The event helped raise the profile of the Warrington economy and some of our specialist industries such as nuclear and precision engineering. We were joined by regional government leaders and major North West-based businesses in generating interest and discussion about the investment opportunities that exist that will lead to economic prosperity in our town.

Superfast Broadband

The Connecting Cheshire Partnership that will implement superfast broadband across the borough by the end of 2015 has now been granted State Aid approval by the EU. The investment being made by the Council, together with funding from BDUK and ERDF is now being put to the market via an invitation to tender that will conclude early next year. This is a major step forward in providing an essential high speed digital infrastructure for residents and businesses in Warrington.

Future Cities

We were one of 30 towns and cities to receive £50,000 to submit a bid for future cities. Despite us not being successful we can still use the work carried out to make a real difference to people’s lives, for example making them more resilient by using technology in a different way.

Council Carol Service

Join colleagues and friends for a special festive carol service for Council employees and councillors on Friday 14 December, 1-2pm at St Marys Church, town centre. Come along and join in with some classic Christmas hymns, readings from colleagues, mince pies and refreshments. Father John Devine, parish priest, St Mary’s & St Benedict’s and Revd Stephen Kingsnorth, Faith Advisor to the Council and Warrington Borough Ministry will lead the service. There will also be a special appearance from local singer, Stephanie Guidera performing ‘In the Bleak Midwinter’. To confirm your attendance at this event, please email [email protected] or call 01925 44 2051.

And don’t forget – It’s all going on in Warrington this Christmas! Find out about all the great events in the town centre and beyond over the festive season here on the council website I wish you all a very merry Christmas and a happy and peaceful new year.


warrington.gov.uk/christmas

Portfolio Report, December 2012 Kate Hannon – Executive Member for Leisure, Community & Culture

Dallam Changing Rooms Work has started on construction of the brand new sports changing facility on community playing fields at Dallam. This state-of-the-art changing facility being built on Longshaw Street will enhance sport opportunities for youth in the area and help improve the health and wellbeing of local residents. Access to and use of these facilities by all sections of the community will have a positive impact on local young people and families as they become involved in sports. By helping to make sport more accessible to the community, not only will the health and wellbeing of residents be improved but so will community spirit and cohesion. The construction work is due to be completed in March. The project is jointly funded by Warrington Borough Council and the Coalfields Regeneration Trust. The new changing block forms part of a wider regeneration project for Bewsey and Dallam, which in the future separately includes a community hub and the redevelopment of Harrison Square.

1

Council Meeting – 10 December 2012 Questions from Members of the Public Question to be asked by

Question Directorate

Nil

2

Council Meeting – 10 December 2012 Questions from Members of the Council Question to be asked by

Question Directorate/Actions

Councillor M McLaughlin

Question 1 – To the Leader Will the Leader join me in thanking the National Grid, Council officers, the South Area police team and Golden Gates Housing Trust (GGHT) for their rapid and well-co-ordinated response to the gas emergency in the Victoria Park area of Latchford West two weekends’ ago and also in thanking residents for their response in handling the situation with patience and understanding?

Environment & Regeneration

Councillor D Price

Question 2 – To Councillor R Bowden, Corporate Resources & Assignments Can the Executive Member update the Council on the Government’s business rates retention policy and furthermore, how it is going to affect the people of Warrington?

Assistant Chief Executive’s

Councillor P Walker

Question 3 - To Councillor L Dirir, Highways Transportation and Climate Change Pavements Following on from the Motion at the last Council, will the Executive Board Member please let me know which pavements have been repaired since the start of this financial year and which ones are planned to be repaired before the end of the year?


3

Councillor I Marks

Question 4 - To Councillor T O’Neill, Leader Executive Board The Executive Board has run for the last three months with eight members. Why has the opportunity not been taken to reduce the permanent level to eight as part of the Committee restructure?


Councillor B Axcell

Question 5 - To Councillor D Keane, Environment & Public Protection Planning Service We welcome the setting up of the Improvement Board to look at changes to the running of the planning service. While we wait for its recommendations, can the Executive Board Member reassure us that measures will be put in place with immediate effect to deal with lapses in enforcement action and gaps in expertise?


From Councillor I Marks

Question 6 - To the Leader Council logo The blue Council logo was introduced in 2007 to symbolise a modern forward-looking Council and to save money, whilst the traditional crest was retained for civic purposes to recognise our proud heritage. What plans does the Leader have for replacing the blue Council logo introduced in 2007 by returning to the exclusive use of the old crest?


Councillor T Finnegan

Question 7 - To the Leader Localism The Localism Act presents the opportunity for local government to think differently about the way in which it commissions, designs and delivers services and how it


4

relates to communities and the voluntary and community sector. Elected members have a role to play in this. What is the Council doing to support members in this changing role?

Councillor C Jordan

Question 8 - To Councillor D Keane, Environment & Public Protection Weekly bin collections Is the Council planning to change from weekly to bi-weekly collections for residual waste in black bins?


CHIEF OFFICER EMPLOYMENT COMMITTEE

28 November 2012

Present: Councillors T O’Neill (Chairman), M Hannon, K Hannon, I Marks and P Kennedy

CO9 Minutes Resolved that:

The Minutes of the meeting held on 2 November 2012 be confirmed as a correct record.

CO10 Code of Conduct – Declarations of Interest There were no declarations of interest made.

CO11 Exclusion of the Public (including the Press) Resolved:

That members of the public (including the press) be excluded from the meeting by reason of exempt information considered in the course of the following item of business being within Category 4 of Schedule 12A to the Local Government Act 1972 and the public interest in not disclosing the information outweighs the public interest in disclosing it.

CO12 Appointment of Chief Executive/Head of Paid Service Following the assessment centre process on 27/28 November facilitated by North West Local Authorities Employers Organisation, the Committee convened to assess four candidates for the above post. Resolved, that

Council be recommended to re-advertise the post of Chief Executive/ Head of Paid Service.

Reason for Decision - the Committee’s consensus agreement was that they could not agree unanimously on the appointment of the candidate. The post will be re-advertised.

Agenda Item 7.2

1

WARRINGTON BOROUGH COUNCIL COUNCIL – 10 December 2012 Report of: Councillor C Fitzsimmons, Chair, Constitutional Sub Committee Report Authors: Sharon Parker - Councillor Services Manager Contact Details: Email Address: Telephone: [email protected] [email protected] 01925 442120 Ward Members: All TITLE OF REPORT: COMMITTEE STRUCTURE REVIEW

1. PURPOSE

1.1 To report on the outcome of the meeting of the Constitutional Sub Committee held on Monday 26 November 2012. The Sub Committee considered the following matters:

The findings of the Independent Remuneration Panel regarding the proposed Scheme of Allowances for the new governance structure of the Authority;

Membership and size of the new Policy Committees and Scrutiny Committee including the cooption of members;

Terms of Reference;

Calendar of meetings; and

Implementation arrangements from January 2013 onwards.

2. CONFIDENTIAL OR EXEMPT 2.1 This report is not confidential or exempt.

3. INTRODUCTION AND BACKGROUND

3.1 Members will recall that a report was received at the last meeting of this Council on 29 October 2012 detailing the proposals to implement changes to the Overview and Scrutiny arrangements and to the roles of the Executive Board and establishment of Policy Committees. Council agreed the following:

(a) acknowledges the comments of the Constitutional Sub Committee as set out in paragraph 3.

Agenda Item 7.2

2

(b) requests a further report to be submitted to the Council meeting to be held on 10 December 2012 to agree implementation and remuneration, and to establish a commencement date for the proposed new structure.

4. FINDINGS OF THE REMUNERATION PANEL

4.1 The Independent Remuneration Panel met on 20 November 2012 to consider a revised Scheme of Allowances for the council’s new governance arrangements. The Panel had regard to the Government Guidance on Regulation for Local Authority Allowances and considered a range of factors in assessing the levels of allowances for Executive Board Members and the Chairs and Deputy Chairs of the Policy Committees and Scrutiny Committee. Key considerations included the following:-

• the terms of reference of the Board or Committee and relative levels of

responsibility compared to other committees; • the levels of skills and knowledge required by post-holders; • the level of responsibility of post-holders; • the frequency of meetings; • the length of meetings; • the amount of work to be undertaken by post-holders outside of the formal meeting

environment, e.g. press statements, updates, reading, research, briefings and preparation time.

4.2 After careful consideration the Panel concluded that:-

• there should be no change to the levels of allowances for Portfolio Holders, in the light of the reduction in the size of the Executive Board from 10 to 9 Members, with effect from 21 May 2012;

• that the Chairs of the Policy Committees should receive an allowance equivalent to the allowance paid to the current Chairs of Overview and Scrutiny Committees (£8,506);

• that the Deputy Chairs of the Policy Committees should receive an allowance equivalent to the Deputy Chair of the Development Management Committee (£2,002) and that the Deputy Chairs allowance should in future be expressed as a percentage of the Chairs allowance, currently 23.5%;

• that the Chair of the Scrutiny Committee should receive an allowance equivalent to the allowance paid to the current Chair of the Licensing Committee (£6,005);

• that the Deputy Chair of the Scrutiny Committee should not receive a Special Responsibility Allowance.

4.3 The Panel also noted that the all post-holders would receive the higher rate of travel

allowance payments for in-borough travel (£486) and that the overall changes would lead to an £1,458 increase in the budget for in-borough travel.

4.4 The overall effect of the changes outlined above, including both travel and Special

Responsibility Allowances, would be a modest saving on the total allowances budget of £3,043 (over a full year).

4.5 Accordingly, the Panel agreed to recommend the Council to adopt the revised schedule

of Special Responsibility Allowances within the Scheme of Allowances 2012/13, as set

Agenda Item 7.2

3

out below, to be implemented with effect from the date of commencement of the new committee arrangements:-

TABLE 1 Position SRA

Percentage

2012/13 Revised

Total for Category

% £ £ (1) (2) (3) (4)

Leader of the Council 100 20,015 20,015 Deputy Leader of the Council 75 15,012 15,012 Portfolio Holder (x 7) 50 10,008 70,056 Chairs of Policy Committees (x 4) 42.5 8,506 34,024 Deputy Chair of Policy Committees (x 4) (23.5%) 2,002 8,008 Chair of Scrutiny Committee 30 6,005 6,005 Chair of Audit and Corporate Governance 42.5 8,506 8,506 Chair of Development Management 42.5 8,506 8,506 Chair of Licensing 30 6,005 6,005 Opposition Group Leaders (x 2) 42.5 8,506 17,012 Chair of Traffic 10 2,002 2,002 Deputy Chair of Development Management

10 2,002 2,002

Chair of Appeals 10 2,002 2,002 Chair of Standards 10 2,002 2,002 TOTAL - - 201,15

7 4.6 The Panel recommended to Council that the role descriptions be draw up for the new

posts and that these be used to assist in the appointments process for elected members.

4.7. The Panel further recommended that the references in the Scheme of Allowances at

Paragraph 7.1 to a Co-optees Allowance for the Chair of the Standards Committee be deleted, as this role is now undertaken by a Member of the Council, and to delete Paragraph 10.3, which refers to the ability to suspend councillors, which has been repealed by the Localism Act 2011. The recommendation will request that these changes have retrospective effect from 1 July 2012.

4.8 Whilst the Scheme and its content are ultimately matters for full Council decision, the

Council can only adopt a Scheme, or a revised Scheme, having first considered the recommendations of its Independent Remuneration Committee (‘IRC’).

4.9 Recommendations of the Constitutional Sub Committee

That Council: Supports the Scheme of Allowances recommended by the Independent Renumeration Panel as detailed in paragraph 4.5 and 4.7 with the exception of the proposal to reduce the allowance for the Chair of the Scrutiny Committee. The Sub Committee recommends that this allowance should be kept at the same level as the Chairs of the

Agenda Item 7.2

4

Policy Committees; and Recommends that the IRP, during its next review be asked to consider the allowance paid to the Chair of the Licensing Committee given the work load involved with the various Sub Committees.

5. SIZE AND MEMBERSHIP OF POLICY COMMITTEES AND SCRUTINY COMMITTEE 5.1 The Constitutional Sub Committee considered 3 options relating to the membership of

the Policy Committees and Scrutiny Committee OPTION 1 Reduce the membership from 11 to 9 on the Policy and Scrutiny Committees. (46

members for 45 places)

OPTION 2

Status Quo – 4 Policy Committees of 11 and a Scrutiny Committee of 11 (46 members for 55 places).

• OPTION 3

4 Policy Committees of 11 and a Scrutiny Committee of 9 (53 places for 46 members).

5.2 The Sub Committee also noted the revision to the proportionality figures should the number of seats be reduced from 11 to 9. Appendix 4 provides details.

5.3 Recommendations of the Constitutional Sub Committee That Council

Agrees a membership of 9 on both the Policy and Scrutiny Committees and the appointment of members as detailed on appendix 3 (to follow).

6. Co-opted Members 6.1 Currently there are the following co-opted members of both a statutory and non statutory

nature:

Children, Young People and Skills OSC:

• Statutory Education co-optees

Roman Catholic Representative: Mr D Littlewood Church of England Representative: Mr S Harrison Parent Governor Representative: Mr M Delooze Parent Governor Representative: Vacancy

• Non-statutory co-optees

Agenda Item 7.2

5

Early Years Representative: Mrs Maureen Banner 16-19 Years Representative: Mr Mike Southworth

Neighbourhoods and Communities OSC:

• Non-statutory co-optee

Police Authority Representative: Terry Savage (now left). 6.2 The Constitutional Sub Committee noted that the Scrutiny Committee will be able to

scrutinise the Council’s education functions it will also need to include the 4 statutory education co-optees in its membership. The Building Strong Communities Policy Committee, will also generate agenda which may contain non-education items. Agendas will need to state clearly where education co-optees should consider attending and when they can vote.


That Council: Appoint the statutory co-optees as detailed in paragraph 6.2 above. Further consideration be given by the relevant Policy Committees and Scrutiny Committee on the appointment of non statutory co-optees. The existing non statutory cooptees be thanked for their service to the council and informed of the position.

6. IMPLEMENTATION 6.1 The Constitutional Sub Committee previously recommended an implementation date of

2 January 2013 allowing for a period of training and adjustment between January and May 2013 – with a full work programme being implemented in the 2013/14 Municipal year. Two Workshops are also to take place with members both before and after Christmas to facilitate the new arrangements.


That Council:

Implements the new structure from 2 January 2013 and agrees the draft calendar of meetings for January to May 2013 as appended to the report (Appendix 1).

7. TERMS OF REFERENCE 7.1 The Constitutional Sub Committee recommend the proposed terms of reference for the

Policy Committees and Scrutiny Committee as detailed in the appended report (Appendix 2).

7.2 In considering the terms of reference the Sub Committee made the following comments:

Agenda Item 7.2

6

• There was a role for both the relevant Policy Committee and the Scrutiny

Committee with regard to the budget. However, they were distinct roles one would be looking forward (Policy) and one would be looking back (Scrutiny).

• With regard to health this could be considered by all 5 Committees, however it was though that to progress business it was best placed with Protecting the Most Vulnerable and the Scrutiny Committee should deal with substantial variations for example the recent consultation on cardiovascular services.

• The Chairs Forum should take a lead on allocating responsibility for crossing

cutting services to ensure that there was clarity on each committee’s work programme. Joint working between the Policy Committees was also encouraged.


That Council adopts the terms of reference for the Policy Committees and Scrutiny Committee as appended to the Summons (Appendix 2) and that the Council’s Constitution is amended accordingly.

8. CONCLUSION 8.1 Council considers the recommendations of the Constitutional Sub Committee to facilitate

the introduction of the Council’s new governance arrangements. 9. FINANCIAL CONSIDERATIONS 7.1 To be accommodated within existing resources. 8. EQUALITY AND DIVERSITY / EQUALITY IMPACT ASSESSMENT 8.1 The aim of the review is to encourage inclusive and full participation of all members.

9. REASONS FOR RECOMMENDATION 9.1 To progress the review of the Council’s Executive Board arrangements and committee

structure consistent with the procedural requirements of the Local Government Act 2000, the Localism Act 2011 and the Council’s Constitution.

10. RECOMMENDATION

10.1 That the Council:

1. Adopts the revised Scheme of Allowances recommended by the Independent

Renumeration Panel for 2012/13 as detailed in paragraph 4.5 and table 1 and 4.7 with the exception of the proposal to reduce the allowance for the Chair of the Scrutiny Committee. The allowance for the Chair of the Scrutiny Committee should be kept at the same level as the Chairs of the Policy Committees; and

Agenda Item 7.2

7

2. Recommends that the IRP, during its next review, commencing in January 2013 be asked to consider the allowance paid to the Chair of the Licensing Committee given the work load involved with the various Sub Committees.

3. Agrees a membership of 9 on both the Policy and Scrutiny Committees and the

appointment of members as detailed on appendix 3 (to follow). 4. Appoints the statutory education co-optees as detailed in paragraphs 6.1 and 6.2

above. Further consideration be given by the relevant Policy Committees and Scrutiny Committee on the appointment of non statutory co-optees. The existing non statutory cooptees be thanked for their service to the council and informed of the position.

5. Implements the new structure from 2 January 2013 and agrees the draft calendar

of meetings for January to May 2013 as appended to the report (Appendix 1).

6. Adopts the terms of reference for the Policy Committees and Scrutiny Committee as appended to the Summons (Appendix 2) and that the Council’s Constitution is amended accordingly.

15. BACKGROUND PAPERS Files held by Timothy Date, Solicitor to the Council and Assistant Director, Corporate Governance. 16. Clearance Details : Name Consulted Date

Approved Yes No Relevant Executive Board Member Cllr C

Fitzsimmons y 27/11/12

Leader of the Council Cllr T O’Neill Interim Chief Executive Steven

Broomhead

Relevant Executive Director Katherine Fairclough

y 27/11/12

Solicitor to the Council & Relevant Assistant Director

Tim Date y 27/11/12

S151 Officer Lynton Green

Annual Council (5.30pm) (CC, No 1, No2) All Day 20Council (CC, No 1, No 2) All Day 4 25 24 9 21 2 3 24Executive Board (Council Chamber) 14 18 11 15 21 17 15 16 14 11 9 13 10 10 14Audit and Corporate Governance Committee (CC) 17 21 21 25 27 26 21 12 16 13 20 24Constitutional Sub Committee (4.30pm) (CC) 21 8 10 19 21 20 7Standards Committee (CC) 10 11 13 29 9 17Appeals Committee (10.00am) Tea Room and No 3 8 5 5 2 3 5 7 4Planning Applications Sub-Committee (CC, No1, No2) 2 23 13 6 27 17 8 29 19 10 31 21 11 2 23 13 4 8 29 19 12 2Development Management Committee (CC, No 1, No2) 3 24 14 7 28 18 9 30 20 11 1 22 12 3 24 14 5 9 30 20 13 3Licensing Committee (5.30pm) (CC) 19 26 2 3 15 3 25Taxi Sub-Committee (10.00am) (Tea Room and No3) 7 4 18 22 3 1 5 2 7 4 2 6 3 3 7Traffic Committee (CC) 8 5 11 29 7 5Protecting the Most Vulnerable Policy Committee (CC) 16 13 5 4 6 15 12Organisational Improvement & Development Policy Committee (CC) 22 12 26 10 12 21Supprting the Local Economy Policy Committee (CC) 12 3 12 18 20 5 2Building Stronger Communities Policy Committee (CC) 15 19 25 24 26 14 18Scrutiny Committee (CC) 29 20 18 17 10 28 19Health and Wellbeing Board (CC) (1.30 pm) 24 25 4 17 23 24

Corporate Parenting Forum (CC) Dates TBC by B KnightPolice and Crime Panel (CC) Dates TBC by J Joinson

Member Development 7 6 12 18 9 14 11 10 8 12 10Civic Events Further Dates TBC by J Pickering 22 21 20

2014Jan Feb Mar Apr May

2013Jun Jul Aug Dec AprJan Feb MarSep Oct Nov

Agenda Item 4 – Appendix 2 (Revised)

PROPOSED TERMS OF REFERENCE – POLICY COMMITTEES AND OVERVIEW AND SCRUTINY COMMITTEE The following terms of reference for the proposed Policy Committees could most logically be placed within the Constitution after pages 65 – 68 which describe the responsibilities of the Executive. “4. Responsibilities of the Policy Committees

General Responsibilities

4.1 There will be four Policy Committees (“Protecting The Most Vulnerable”, “Supporting The Local Economy”, “Building Strong Communities” and “Organisational Improvement and Development”). Each will discharge functions under Section 21 of the Local Government Act 2000 other than in respect of functions under the Council’s call-in procedures relevant to their area of activity.

4.2 Each of the Policy Committees will assist the Council and the Executive Board in

developing the Council’s policies relevant to their area of activity. 4.3 Each of the Policy Committees will, other than in circumstances where it is impractical to

do so, consider matters due to be submitted to the Executive Board and are authorised to make recommendations to the Executive Board upon such matters relevant to their area of activity.”

The areas of activity for each of the Policy Committees are as follows:-

4.4 PROTECTING THE MOST VULNERABLE

This Policy Committee will assist the Council in the development of policies and delivery of services in accordance with its general responsibilities in relation to:-

• The protection and safeguarding of vulnerable adults, children and young people • Regulatory services protecting people from harm • Health and Well being • Prevention, early help, family support and looked after children

Without prejudice to the generality of its functions the Committee shall consider:-

• The way in which services can be best focussed upon those at greatest risk and

with a view to supporting preventative action • Means by which resources and services can be directed to where they can make

the most difference • Means by which disabled children and adults and their families to choose their own

care and support services • Ways in which children in care can be healthy, safe and will enjoy and achieve • How to promote better ways of working, encouraging closer working between

different professionals and better work with all appropriate partners to provide more seamless services with improved outcomes, including interface with the National Health Service and integration

• The development of a fairer charging system for all members of the community


• Means by which to break the cycle of deprivation and close the inequalities gap in the Borough, including the eradication of child poverty

• Means by which the people of the Borough feel valued as citizens and are able to be healthy, active, safe and prosperous

• Ways by which young offenders can be supported to become responsible members of society

• Ways to support the victims and those at risk of domestic abuse and hate crime

The Committee shall exercise the Council’s health review and scrutiny powers under the National Health Service Act 2006, in so far as they relate to the development of policies which are Council, partnership or partner led, without prejudice to the ability of the Scrutiny Committee to exercise such powers as may be necessary to carry out its role.

4.5 SUPPORTING THE LOCAL ECONOMY


• The development and implementation of leisure and cultural activities • The improvement of economic opportunities for residents • Employment skills and apprenticeships • Economic partnerships and growth • Regeneration • Infrastructure improvement and development


• Ways in which to promote Warrington as a destination of choice • Means by which to promote the Borough’s economic profile and its excellent

business links to support a resilient local economy and local growth • Ways of working with partners to develop training and career changing

opportunities • Means by which to create employment opportunities and how to continue to offer

quality apprenticeships and supporting employers in the Borough to promote apprenticeships

• Means by which to create a strong and vibrant town centre and prepare for future regeneration

• Means by which to increase the amount of money the Council spends with local businesses

• Means by which to support local businesses to compete for Council contracts and to evaluate the impact on local jobs when awarding Council contracts

The Committee shall exercise the review and scrutiny functions under S9FH of Part 1A of the Localism Act 2012, in relation to the exercise of flood risk management functions affecting the area, as set out in the Flood and Water Management Act 2010, without prejudice to the ability of the Scrutiny Committee to exercise such powers as may be necessary to carry out its role.


4.6 BUILDING STRONG COMMUNITIES


• The Council’s contribution to improving community safety • The delivery of neighbourhood services • Supporting the Police and Crime Panel in the scrutiny of matters relating to the

Police and Crime Commissioner • Waste collection and disposal services • Reduction of the Council’s carbon footprint and the that of the Borough as a whole • Contact with Parish Councils


• How to focus support on those communities in greatest need, helping individuals

and families to live as successful lives as possible • The provision of active leadership to all partners in working towards good health

and well being for the people of Warrington and their communities • Means of working in partnership to develop more effective ways to reduce crime

and antisocial behaviour and to reduce the fear of crime • How to encourage educational achievement and promote access to learning skills

and employment to improve skills and life chances, including working in partnership with all publicly funded schools and colleges within the borough

• Means by which to support community action and the transfer of buildings and other assets to community ownership

• Means of supporting an active voluntary sector and volunteering • Means of working with Parish Councils and other representative groups to make

best use of resources

The Committee shall exercise the review and scrutiny functions as the Council’s Statutory Crime and Disorder Committee (CDC) for the purposes of s19 of the Police and Justice Act 2006.

4.7 ORGANISATIONAL IMPROVEMENT AND DEVELOPMENT


• The development and delivery of high performing effective accessible services • Human Resources policy • Workforce skills and learning • Telephony, digital and office accommodation strategies • Corporate Strategy, including the development and review of the Corporate Plan • Innovation, collaboration and new ways of working • The development and setting of the Council’s Budget.



• The opportunities for enabling easy access to the Council through implementing the single customer gateway programme

• Issues relating to the development and improvement of community engagement and involvement activity.

5. SCRUTINY COMMITTEE 5.1 The Overview and Scrutiny Committee will discharge those functions arising under

Section 21 of the Local Government Act 2000 associated with the Council’s call-in procedures.

5.2 The Committee will scrutinise the process of setting the Council’s budget. 5.3 The Committee shall exercise the Council’s health review and scrutiny powers under the

National Health Service Act 2006, in so far as they relate to health service matters, including the following:- (a) to consider and respond to any formal consultations undertaken by NHS bodies

on any substantial developments or variations in service; (b) to consider and make any referrals arising from matters considered at (a) above,

to the NHS Commissioning Board or Secretary of State for Health, as appropriate, except in respect of those matters which are reserved to Council;

(c ) to consider and respond to any health matter referred to scrutiny by another Committee or body of the Council, or by external bodies including the Department of Health, Care Quality Commission, or Local Healthwatch.

without prejudice to the ability of the Protecting The Most Vulnerable Policy Committee to exercise such powers as may be necessary to carry out its role.

5.4 The Committee will ensure transparency and provide assurance to the public and

stakeholders about the Council’s and partners’ performance, by scrutinising performance and financial monitoring reports, external inspection reports, and progress or annual reports of partners.

5.5 The Committee will exercise the scrutiny functions in respect of specific time-limited

reviews of priority issues for the Council and its partners, in support of the work of the Policy Committees, Executive Board or Council, in accordance with an agreed work programme.”

MEMBERSHIP OF COMMITTEES 2012/13 Revised Governance Arrangements – December 2012 POLICY & SCRUTINY COMMITTEES PROTECTING THE VULNERABLE 6:2:1 (9) P BRETHERTON LAB CHAIR J CARTER LAB DEPUTY CHAIR A DIRIR LAB J GUTHRIE LAB B LINES-ROWLANDS LAB K SIMCOCK LAB E FINNEGAN L/D J WALKER L/D S WOODYATT CONS SUPPORTING THE LOCAL ECONOMY 6:2:1 (9) D PRICE LAB CHAIR S ROBERTS LAB DEPUTY CHAIR B LINES-ROWLANDS LAB S PARISH LAB G SETTLE LAB A WILLIAMS LAB R BARR L/D C JORDAN L/D S WOODYATT CON ORGANISATIONAL IMPROVEMENT AND DEVELOPMENT 6:2:1 (9) J KERR-BROWN LAB CHAIR L MURPHY LAB DEPUTY CHAIR D PRICE LAB K BENNETT LAB J DAVIDSON LAB L LADBURY LAB P WALKER L/D T WOOD L/D P KENNEDY CON BUILDING STRONGER COMMUNITIES 6:2:1 (9) M McLAUGHLIN LAB CHAIR W HUGHES LAB DEPUTY CHAIR B BRINKSMAN LAB A DIRIR LAB B MAHER LAB P NELSON LAB M BIGGIN L/D K GLEAVE L/D S BLAND CON

SCRUTINY 6:2:1 (9) T HIGGINS LAB CHAIR F RASHID LAB DEPUTY CHAIR C FITZSIMMONS LAB G FRIEND LAB J GUTHRIE LAB H MUNDRY LAB W JOHNSON L/D I MARKS L/D L HOYLE CONS

Agenda Item 7.2 Appendix 4

1

Proportionality

1. The percentage of seats on committees is based on the formula detailed below:

May 2012.

Labour 41 71.929% Liberal Democrat 12 21.052% Conservative 4 7.017% 57

2. The agreed allocation of seats on committees in May was as

follows:

Committee

Conservative

Labour

Lib Dem

Total

Overview and Scrutiny (x5) Appeals Development Management Licensing Traffic Audit & Corp Governance Mayoral Selection Chief Officer Employment Cheshire Fire Authority Police Crime Panel

5 1 1 1 1 1 1 1 0

38 5 9 11 5 8 2 3 4 2

12 1 2 3 1 2 1 1 1

55 7 12 15 7 11 4 5 5 2

Actual number of seats allocated

12 87 24 123

Total Number of seats allocated as per the formula

9 88 26 123

Deviation +3 -1 -2 0 NB Figures marked in bold show a deviation from the exact proportionality formula detailed in paragraph 7 of Appendix 1.

3. Currently the O&S Committees have a membership of 11. A reduction of seats on the Scrutiny Committee and allocation of 9 seats on each of the 4 Policy Committees would mean a reduction of 10 seats. The total number of seats to be allocated would therefore be 113.

4. The split of seats on a membership of 9 would be 6:2:1 based on the formula in paragraph 1.

Agenda Item 7.2 Appendix 4

2

5. This would mean an allocation of seats as detailed below:

Committee

Conservative

Labour

Lib Dem

Total

Scrutiny Policy x 4 Appeals Development Management Licensing Traffic Audit & Corp Governance Mayoral Selection Chief Officer Employment Cheshire Fire Authority Police Crime Panel

1 4 1 1 1 1 1 1 1 0

6 24 5 9 11 5 8 2 3 4 2

2 8 1 2 3 1 2 1 1 1

9 36 7 12 15 7 11 4 5 5 2

Actual Number of seats allocated

12 79 22 113

Total Number of seats allocated as per the formula

8 81 24 113

Deviation from agreed formula

+4

-2 -2 0

Notes on Council Procedure Rules

136

PROCEDURE NOTE 1

PROCESSING MOTIONS AND AMENDMENTS

1. Mover moves the Motion and speaks to it. 2. Seconder seconds the Motion and speaks to it (or reserves the right to

speak). 3. Motion is then open for debate. 4. If an amendment is moved and seconded the mover of the amendment

may speak in support of the amendment. 5. The seconder to the amendment can then speak or reserve his/her right to

speak. 6. The amendment can then be debated. 7. The mover of the original Motion has the right of reply to the amendment

not the mover of the amendment. The mover of the original Motion has no other right to speak on the amendment.

8. The amendment is put to the vote. If lost, the original Motion remains

before the Council. If carried, the original Motion as amended becomes the substantive Motion before the Council, replacing the original Motion.

9. Further amendments may be moved to the Motion (original or substantive)

and should be dealt with as in 5-9 above. 10. As a general rule, it is advisable to deal with amendments separately.

This avoids confusion. However, exceptionally, where two amendments are similar, they can be debated together in the interests of time efficiency at the meeting. Voting should however be conducted separately on each amendment.

11. At the end of the debate on the original Motion the mover of the original

Motion has the right of reply. The mover of the original Motion has the right of reply at the close of the debate on the amendment but may not otherwise speak on it. The mover of the amendment has no right of reply to the debate on his or her amendment.

12. If any amended Motion is carried it becomes a substantive Motion. A

substantive Motion may be subject to further amendment (see 10 above). When the debate is completed the final substantive Motion must be moved, seconded and subjected to a vote.

13. NB A member may alter a Motion which he/she has given notice with the

consent of the meeting. This will be signified without discussion.

Notes on Council Procedure Rules

137

RULES OF DEBATE

1) MOVER MOVES THE MOTION AND SPEAKS TO IT 2) SECONDER SECONDS THE MOTION AND SPEAKS TO IT

(OR RESERVES RIGHT TO SPEAK) 3) ORIGINAL MOTION AMENDMENT

OPEN TO DEBATE MOVED & SECONDED 5 minute limit Member only rt to A) MOVER OF AMENDMENT speak once unless CAN SPEAK - once on an amendment

- to move an amendment B) SECONDER MAY SPEAK - if has a rt to reply OR RESERVE - on a point of order - on a personal explanation C) AMENDMENT DEBATED

4) Mover has right to reply D) MOVER OF ORIGINAL MOTION HAS RIGHT OF REPLY ONLY (CAN’T SPEAK PUT TO VOTE OTHERWISE) (MOVER OF AMENDMENT HAS NO RIGHT TO REPLY) E) VOTE ON AMENDMENT H) NOT CARRIED F) CARRIED BECOMES SUBSTANTIVE MOTION GO TO ORIGINAL G) FURTHER AMENDMENT MOTION CAN BE MOVED TO THE

(AT POINT 3) SUBSTANTIVE MOTION (FOLLOW A – D AGAIN) VOTE ON SUBSTANTIVE MOTION

(NB. IF A FURTHER AMENDMENT GO BACK TO SUBSTANTIVE MOTION)

Agenda Item 7.4

WARRINGTON BOROUGH COUNCIL COUNCIL - 10th DECEMBER 2012 Report of : Report of Licensing Committee

Executive Director: Andy Farrall

Executive Director of Environment and Regeneration Report Author: Dave Watson

Community Safety and Licensing Manager Contact Details: Email Address:

[email protected] Telephone: 01925 442590

Ward Members:

All Wards

TITLE OF REPORT: REVISION TO THE STREET TRADING POLICY 1. PURPOSE 1.1 The Council introduced borough wide controls over street trading in January

2012. The intention was to create a street trading environment that compliments premises-based trading, is sensitive to the needs of residents, provides diversity and consumer choice and seeks to enhance the character, ambience and safety of local environments. The policy is consistent with the corporate plan ambitions on supporting the local economy and protecting the vulnerable.

1.2 We are approaching the first anniversary of the original resolution. Some routine

changes to the policy have been identified, which will clarify the administration of the street trading consents for the benefit of all. In summary these relate to:-

• The introduction of a section on the renewal of existing consents • Improved clarity on day consents • The addition of a local exemption for food festivals. • A revision to the distances stated for trading near sensitive uses.

1.3 The Purpose of the report is to update the current Street Trading Policy to include

these changes following approval by the Licensing Committee on 23rd October 2012.

2. CONFIDENTIAL OR EXEMPT 2.1 The content of this paper is not confidential or exempt.

Agenda Item 7.4

3. INTRODUCTION AND BACKGROUND 3.1 Street trading is generally defined as the selling, exposing or offering for sale of

any article in a street subject to any relevant exemption under the prescribed legislation. The definition is wide ranging but it typically covers the likes of mobile food traders and ice cream vans etc. It does not extend to pedlars, trading as a news vendor, trading carried on at premises used as a petrol filling station, anything done in a market/fair or a picnic area on a trunk road all of which are exempt.

3.2 The Council resolved to adopt Schedule 4 of the Local Government

(Miscellaneous Provisions) Act 1982, as they relate to street trading, on the 12th December 2011, following extensive consultation. The resolution, which applies to the whole of the borough, took legal effect on the 23rd January 2012.

3.3 To date, over 60 street traders have successfully applied for and obtained a

consent to trade in Warrington, thus there has been no reduction in the number of traders operating, as feared when this was proposed, indeed, the number of consents issued is in excess of those previously known to be trading in Warrington. New applications are continually being received from businesses who want to trade within the street trading conditions that have been created.

4 THE PROPOSED CHANGES TO THE POLICY 4.1 The original policy has work well in implementing the street trading provisions.

We are however approaching the first anniversary of the policy. It is therefore an opportune time to make some minor changes to the policy. The intention is to provide greater clarity for business and to streamline the administration process where it is appropriate to do so.

4.2 The proposed amendments to the policy are set out in italics in appendix 1.

These relate primarily to the introduction of a section on the renewal of existing consents and some additional clarity on day consents.

4.3 These changes do not depart significantly from the original policy; they instead

state the process of administration more clearly. The consultation period for the renewal of existing consents has been reduced from 21 days to 14 days to assist in the renewal process, particularly where the businesses has traded successfully without incident or concern.

4.4 It is also proposed, in section 4.4 of the policy in appendix 1, to provide an option

to waive the 14 day consultation period for a day consent only. This will only be done in exceptional circumstances where there is a clear business need; and where it can be proven that there will not be any material impact on the community. Traders have previously stated that the blanket 14 day period can

Agenda Item 7.4

result in a loss of business; as some requests from prospective customers are not received within the required timescales.

4.5 The current Policy states that a consent will not normally be issued on sites that

are within 250 metres of a hospital or nursing/care home or within 500m of a school. Whilst, the need for such a stipulation to safeguard the needs of an area is still required, experience has shown that these distances provide an unnecessary restriction on trade. Traders are often able to demonstrate that their preferred location will have no material impacts, including health, on the area. The result of a blanket policy is that wide areas of the borough are effectively 'sanitised', which unduly restricts trade. It is therefore proposed that a 100m 'buffer' be introduced as an initial rebuttable policy position. However, each application will still be assessed on its relative merits having regard to the general needs of the area and the impacts on health and the environment etc. An application, which is greater then 100m from a particular ‘senstive’ site, such as a school, thus can still be refused where it is appropriate to do so.

5. FINANCIAL CONSIDERATIONS 5.1 The proposed changes to the policy are largely designed to introduce a

procedure for the renewal of existing consents and to clarify the procedure for issuing day consents. The fees and charges set for licensable activities cover the costs of administrating the consents. The street trading fee will be subject to an annual review as part of the setting of fees and charges.

6. RISK ASSESSMENT 6.1 The existing policy has facilitated the successful introduction of the street trading

provisions; the proposed changes are based on operational requirements and should serve to further strengthen the policy.

7. EQUALITY AND DIVERSITY / EQUALITY IMPACT ASSESSMENT 7.1 The Council has a legal duty to proactively promote race, gender and disability

equality and to tackle discrimination experienced by vulnerable groups. It is the role of the Licensing Authority to administer the licensing regime in accordance with the law and each application will be considered on its merits. An Impact Assessment has been carried out as part of the development of the policy.

8. CONSULTATION 8.1 Full and proper consultation took place on the introduction of the street trading

provisions. The proposed changes are relatively minor and are designed to provide even further clarity on the administration of the existing policy. They do

Agenda Item 7.4

not fundamental change the policy; account has however been taken of general comments raised by stakeholders during the implementation of the policy.

9. REASONS FOR RECOMMENDATION 9.1 To seek approval to amend the Street Trading Policy. 10. RECOMMENDATION 10.1 That Council:- 10.1.1 resolves to adopt the revised street trading policy as set out in appendix 1. 12. BACKGROUND PAPERS Report to Full Council December 2011 Report to Licensing Committee Oct 2012 Contacts for Background Papers:

Name E-mail Telephone Dave Watson [email protected] 01925 442590 14. Clearance Details Name Consulted Date

Approved Yes No Relevant Executive Board Member Cllr David Keane ü 02/11/2012 SMB ü 20/11/2012 Relevant Executive Director Andy Farrall ü 08/11/2012 Solicitor to the Council Tim Date ü 06/11/2012 S151 Officer Lynton Green ü 06/11/2012 Relevant Assistant Director Peter Taylor ü 06/11/2012


Agenda Item 7.4

APPENDIX 1: Street Trading Policy

Warrington Borough Council

Street Trading Policy

Agenda Item 7.4

Contents

1. Purpose of the Policy 2. What is Street Trading? 3. Exemptions from the need to obtain a Consent 4. Making an application 5. Determination of the application 6. Approval of applications 7. Fees 8. Enforcement of Street Trading 9. Complaints against the Service 10. Policy Review Appendices: Appendix 1: Definition of Terms Appendix 2: Nutritional Assessment/Questionnaire Appendix 3: Street Trading Mandatory Conditions Appendix 4: List of consultees

Agenda Item 7.4

Street Trading Policy 1 Purpose of the Policy 1.3 The purpose of the policy is to create a street trading environment that

compliments premises-based trading, is sensitive to the needs of residents, provides diversity and consumer choice and seeks to enhance the character, ambience and safety of local environments.

1.4 The Council recognises the need for legitimate traders who operate well run

businesses. 1.5 Warrington Borough Council will apply this Policy to street trading activities in its

area to ensure consistency and fairness. However each application or contravention will be considered on its own merits so that individual circumstances, where appropriate, are taken into consideration.

2 What is Street Trading? 2.1 Street Trading is generally taken to mean the selling, exposing or offering for sale

any article (including a living thing) in a street. A street includes:-

“(a) any road, footway, beach or other area to which the public have access without payment…” The definition is wide ranging but it typically covers mobile food traders, Ice Cream/Sandwich Vans, flower sellers etc. (See Appendix 1 for a complete definition of terms).

3 Exemptions from the need to obtain a Consent 3.1 Legal exemptions 3.1.1 Some types of trade are legally exempt from the requirement to obtain a street

trading consent. These include:

(a) a person trading under the authority of a pedlar’s certificate granted under the Pedlars Act 1871 i.e. going on foot from place to place selling goods directly.

(b) Anything done in a market or fair the right to hold which was acquired by virtue of a grant (including presumed grant) or acquired or established by an enactment or order.

(c) Trading in a trunk road picnic area provided by the Secretary of State under section 112 of the Highways Act 1980.

(d) Trading as a news vendor, selling newspapers or periodicals. (Big Issue vendors will no longer require permits).

(e) trading which:

Agenda Item 7.4

i. is carried on at premises used as a petrol filling station; or ii. is carried on at premises used as a shop or in a street adjoining

premises so used and as part of the business or shop; (f) trade carried out by a “roundsman” , e.g. Milkmen; (g) the use for trading under Part VIIA of the Highways Act 1980 of an object or

structure placed on, or in or over a highway; (h) the operation of facilities for recreation or refreshment under Part VIIA of the

Highways Act 1980; (i) the doing of anything authorised by regulations made under Section 5 of the

Police, Factories, etc. (Miscellaneous Provisions) Act 1916.

With regard to point (f) above it has been established in law that mobile ice cream sales will not be deemed to be exempt from Street Trading controls on the grounds that they are not roundsmen.

3.2 Street Trading for which consent is not required 3.2.1 The following activities are not normally conducted on the highway, however, in

so far as they may occur on a street, or land adjoining the street, they have been deemed to not require the consent of the Council under this Policy. Event organisers must, however, ensure that commercial traders on the street, e.g. hot food or ice cream vendors, are in the possession of a current street trading consent issued by the Council.

1. Non-Commercial Car Boot Sales. 2. Fetes, Carnivals, Charitable Events and similar community based and run

events. 3. Sales of articles by householders within the boundary of their properties. 4. Farmers markets (producer-managed marketplace for local producers to

sell their own produce direct to local people). 5. Any event where there is a requirement for members of the public to pay a

fee in order to enter the street, highway or premises where street trading is taking place.

6. Food Festivals (that support the look and appeal of the local area).

4 Making an application 4.1 Introduction 4.1.1 In considering any application for the grant or renewal of a street trading consent,

the following issues will be taken into account before determination:

• Public order; • Public nuisance; • Public safety; • Crime and disorder;

Agenda Item 7.4

• Needs of the area. 4.1.2 Street trading consents will be issued for a period of one year from the date of

issue. 4.1.3 All applications will be considered on their relative merits. 4.2 New Application 4.2.1 New application’s will be determined following a 21 consecutive day consultation

period. Applicants will be required to provide the following documents and fees with their application form: (a) A completed and signed street trading consent application form.

(b) The application form should be accompanied by the full fee in its entirety.

(c) Where the proposed street trading activity is from a fixed position, a site plan

(to scale) showing the precise trading position and its proximity to other similar retail outlets within a 100 metre radius. The proposed position and orientation of the stall, van, barrow, cart etc. is to be shown on the plan. The plan shall also include any additional vehicles that will be parked on the site.

(Ice Cream Vans and Mobile Sandwich Vans are exempt from providing location plans unless the van is stationary).

(d) One colour photograph of the stall, van, barrow, cart etc. that will be used for the street trading activity. The photograph shall show any proposed awnings fully extended, whether integral or not.

(e) One passport size colour photograph of the applicant.

(f) An original certificate of insurance that covers the street trading activity for

third party and public liability risks of £5,000,000. (This may be provided following confirmation that the application has been granted but the consent will not be issued until the certificate has been provided).

(g) If the land is in the ownership of Warrington Borough Council, written

permission from the Estates and Valuation Service will be required.

(h) If the land is privately owned, written permission from the land owner.

(i) Details of any permissions or consents already granted with regard to the proposed operation, e.g. planning consent, late night refreshment premises licence, food premises registration, and waste disposal agreement.

Agenda Item 7.4

(j) Nutritional Discount Questionnaire (if the applicant is applying for the

discount). Please note this is a self assessment and applicants will be inspected by the Public Protection- Food Hygiene Section in relation to this discount (Please see Appendix 2).

(k) All applicants will be expected to have an up to date Standard Criminal

Records Bureau (CRB) Certificate. The original copy must be produced with the application form and must be submitted within one month of issue.

4.3 Renewal Application 4.3.1 A renewal application will be determined following a 14 consecutive day

consultation period. 4.3.2 Applicants should submit their application at least two months prior to the expiry

of their consent if they wish to continue to trade. The Council will provide notification of the expiry of consents.

4.3.3 At renewal, the Council will consult further to determine if there are any concerns

regarding the street trader or if there have been any complaints. (Please refer to 4.5.1 for list of consultees).

4.3.4 Where a renewal application has been made and there have been no justifiable

complaints, no enforcement issues and all fees have been paid on time, the consent will normally be renewed.

4.3.5 Where a renewal application has been made and there have been complaints or

enforcement issues, then the application may be rejected. 4.3.6 Applicants will need to submit the following documents and fees with the

application form:

(a) A completed and signed street trading consent application form.

(b) The full renewal fee in its entirety.

(c) An up to date certificate of insurance that covers the street trading activity for third party and public liability risks of £5,000,000. This must be provided with the application form.

(d) If the land is in the ownership of Warrington Borough Council, written


(e) If the land is privately owned, written permission from the land owner.

Agenda Item 7.4

(f) Details of any existing permissions already granted with regard to the proposed operation e.g. planning consent, late night refreshment premises licence, food premises registration and waste disposal agreement.

(g) An up to date Nutritional Discount Questionnaire (if the applicant is applying

for the discount) please note this is a self assessment and applicants will be inspected by the Public Protection- Food Hygiene Section in relation to this discount (Please see Appendix 2).

(h) All applicants will be expected to have an up to date Standard Criminal

Records Bureau (CRB) Certificate. The original copy must be produced with the application form and must be submitted within one month of issue.

4.3.7 Applicants will not be required to provide passport or vehicle photographs unless

any changes have been made at the time of renewal. Applicants should note that any changes to trading location, hours, trading days or applicants wishing to sell their business will need to be dealt with through a New Application. 4.4 Day Permit 4.4.1 An applicant or company may apply for a day permit up to a maximum of 12 times

in a calendar year. 4.4.2 Applications will normally only be accepted up to a minimum of 14 working days

before the first trading day commences. A waiver to the 14 day consultation period may be granted, in exceptional circumstances, where it can be proved that there is a clear business case and that the day consent will not have a material impact having regard to the criteria in 4.1.1. Any application for a waiver will be considered by officers on its relative merits.

4.4.3 Day permits will expire on the date specified in the consent. 4.4.4 An application for a day permit will be determined following a 14 consecutive day

consultation period. 4.4.5 Applicants will need to submit the following documents and fees with their

application form:

(a) A completed and signed street trading consent application form.

(b) The full fee in its entirety.

Agenda Item 7.4

(c) An up to date certificate of insurance that covers the street trading activity for third party and public liability risks of £5,000,000. This must be provided with the application form.

(d) If the land is in the ownership of Warrington Borough Council, written


(e) If the land is privately owned, written permission from the land owner.

(f) Details of any existing permissions already granted with regard to the proposed operation e.g. planning consent, late night refreshment premises licence, food premises registration and waste disposal agreement.

(g) A location plan detailing the exact position of any cart, van, barrow etc. (Ice

Cream Vans and Mobile Sandwich Vans are exempt from providing location plans unless the van is stationary).

4.5 Consultation 4.5.1 Before a street trading consent is granted or renewed, the Council will consult

with and seek written observations from:

• The Licensing Authority • The Highways Authority • Estates and Valuations • Public Protection Services • Development Control • Cheshire Constabulary • Cheshire Fire Service • The land owner of the proposed street trading site • Ward members [excluding Ice Cream and Mobile Sandwich

Traders] • Existing holder of a Street Trading Consent in the immediate area. (Within

100 metres for a proposed static application site)

A full list of consultees can be found at Appendix 4. 4.5.2 The consultation period for a new application will be 21 consecutive days

beginning the day after the application is received by the Council. 4.5.3 The consultation period for a renewal application will be 14 consecutive days

beginning the day after the application is received by the Council.

Agenda Item 7.4

4.5.4 The consultation period for a day permit will be 14 consecutive days beginning the day after the application is received by the Council.

4.5.5 Any objection from consultees and interested parties will be assessed against the

criteria in Section 5. 4.5.6 A relevant objection is one made by a person, business or body that is likely to be

directly affected by the proposal. In addition, the objection must not be vexatious or frivolous and should concern itself only with matters relevant to the objectives arising from the application. The relevant Delegated Officer will determine whether an objection is relevant and not vexatious or frivolous.

5 Determination of the application 5.1 Suitability of the site 5.1.2 The vehicle, van, trailer, stall or other device to be used for the proposed street

trading activity can be inspected by an Authorised Officer (Food Hygiene or Highways) of the Council at any time.

5.1.3 Street trading consents for site locations will not normally be granted where any

of the following may apply:

(a) any effect on road safety, either arising from the location of the pitch, or from customers visiting or leaving the site,

(b) there would be any likelihood of nuisance from noise, light, smells, litter or fumes to households and businesses in the vicinity of the proposed street trading site,

(c) there is already adequate provision in the immediate vicinity of the proposed street trading site,

(d) any conflict with existing Traffic Orders such as waiting restrictions, (e) any potential obstruction of pedestrian or vehicular access, (f) any obstruction to the safe passage of users of the footway or carriageway, (g) the safe access and egress of customers and staff from the pitch and

immediate vicinity, (h) the pitch interferes with sight lines for any road users such as at road

junctions, or pedestrian crossing facilities, (i) the site does not allow the Consent Holder, staff and customers to park in a

safe manner, (j) the street trading activity is carried out after dusk and the site is not

adequately lit to allow safe access and egress from the site for both customers and staff.

Agenda Item 7.4

5.2 Needs of the Area 5.2.1 It is important that street trading complements the area. Each application will be

considered on its merits, however a consent will not normally be granted on sites that are within:

• Residential areas or where there is likely to be an unacceptable impact on

residential amenity. • 100 metres of the boundary of any hospital, nursing or residential car

home. • 100 metres of the boundary of any school and where granted maybe

subject to conditions (see 5.3.2). • any Council owned pay and display or park and ride car parks.

5.2.2 Other key considerations will be:

• The speed limit of the road unless the area is segregated from live traffic lanes, or there is evidence that the mean traffic speed is significantly below the posted sped limit.

5.3 Trading at, or near to, Schools 5.3.1 As part of the Every Child Matters: Change for Children Agenda, Central

Government made a commitment in the national Children’s Plan to publish a child health strategy jointly between the Department of Health and the Department for Children, Schools and Families. Published on 12 February 2009, the “Healthy lives, brighter futures: the strategy for children and young people’s health” strategy presents the Government’s vision for children and young people’s health and wellbeing.

5.3.2 Warrington Borough Council recognises that a healthy start in life is vital for all

children and young people to realise their full potential. This Policy seeks to support the Council’s commitment to reducing obesity and improving dental health and accordingly the Council are likely to attach a condition to a Street Trading Consent that states there will generally be a 100 metre exclusion zone around schools in which street traders are not allowed to trade. This restriction would only apply during term time and then between the hours of 12 noon to 2.00pm and 3.00pm to 5.00pm on any school day. The restrictions would apply to all street trading consents, regardless of whom the consent holders are targeting and whether or not the application is new or for a renewal of an existing consent.

Agenda Item 7.4

5.4 Preservation of the Street Scene 5.4.1 The number of traders in any one street will be limited; to avoid any undue

concentration of outlets and to ensure that excessive trading does not compromise the amenities of the area.

5.5 Permitted Trading Hours 5.5.1 Hours of street trading will be assessed in terms of public order, public nuisance,

public safety, crime and disorder and avoidance of nuisance and the needs of the area criteria detailed in 5.2.

5.5.2 If trading includes the supply of hot food or drink after 11.00pm and before

5.00am, the trader will need to ensure that they obtain a premises licence to cover late night refreshment under the Licensing Act 2003, from the Council.

5.5.3 The Council retains the right to specify permitted hours of trading if local

circumstances require it. 5.6 Persons under the age of 17 years 5.6.1 The Council will not grant street trading consents to persons under the age of 17

years. 6 Approval of Applications 6.1 Issue of Street trading consents 6.1.2 Street trading consents will be issued for a maximum period of 12 months

beginning on the date on which the consent is first granted. 6.1.3 Street trading consents will need to be submitted for renewal at least 2 months

before the expiry as specified on the consent. 6.1.4 Day permits can be issued up to a maximum of 12 occasions in a calendar year

per applicant or company. These permits will expire on the date specified on the consent.

6.1.5 In all cases where a consent has expired, and a renewal application has not been

received by the Council, a new application will have to be submitted. In such cases the applicant will be required to go through the full process outlined in this Policy.

6.1.6 Consents may be revoked by the Council at any time, In the event of the consent

being revoked, surrendered or lapsing without being renewed then the Council will accept new applications for the vacant location(s).

Agenda Item 7.4

6.1.7 When granting or renewing consent, the Council may attach any reasonable

condition. Furthermore the Council can, at any time, vary the conditions attached to the consent. Any such variations will be notified in writing to the named person in receipt of the Consent to trade and will take effect on the date of the notification letter.

6.1.8 The Licensing Committee, Licensing Sub-Committee, or Delegated Officers may

approve applications, with regard to the criteria contained within this Policy. On approving the application the Council will issue a street trading consent.

6.1.9 The conditions attached to the consent form part of the approval to carry out

street trading in the Borough of Warrington and MUST be complied with at all times. Failure to do so could constitute an offence, and/or the consent could be revoked or not renewed (Please See Appendix 3).

6.1.10 A street trading consent cannot be transferred or sold to another person and the

sub-letting of a pitch is prohibited. 6.2 Refusal of Applications 6.2.1 Applications that are considered by delegated officers as being unsuitable under

this Policy will be rejected. 6.2.2 Where the Council refuses an application, the applicant will be informed in writing

of the reasons for not granting the application. 6.2.3 The Local Government (Miscellaneous Provisions) Act 1982 does not accord

applicants the right of appeal. Refusals by a Local Authority do not have to be supported by a declaration of reasons. However, Warrington Borough Council recognises the rules of natural justice and that this Policy should include an appeals mechanism. Applications for Consents that fall outside of this policy may be dealt with by the Licensing Sub Committee. Any hearing will be held once the consultation period has ended. Persons dissatisfied thereafter must seek redress by way of Judicial Review.

7. Fees 7.1 The fees have been set by Full Council following consultation. The sum has been

set at a level that is considered to be fair by addressing the previous imbalance between premise based and street trading. These fees will be reviewed annually and reported to the Licensing Committee in the annual Fees and Charges report.

7.2 A waiver of a proportion of the fees is available for those food traders who are

willing to adopt a simple and straightforward measure to promote good nutritional

Agenda Item 7.4

standards. The sum will be reviewed annually along with the standard fees. The aim is to encourage traders to reduce high levels of salt, sugar and saturated fats in the foodstuffs that they prepare and offer for sale, which can contribute to food related ill health such as strokes, cancers and heart disease. An assessment will be made by the Council’s Public Protection Officers in partnership with the trader to the standard as set out in the appended Nutritional Discount Criteria Questionnaire (Appendix 2).

7.3 Failure to Pay 7.3.1 If a bank dishonours a cheque, this will result in the revocation of the street

trading consent issued by the Council, unless payment of the outstanding fee(s) is made in cash.

7.3.2 Partial year refunds will not be offered for those applicants whose consents are

surrendered or revoked part way through the consent period. 8 Enforcement of Street Trading 8.1 Warrington Borough Council will actively enforce the provisions of the street

trading scheme within its area in a fair and consistent manner. 8.2 Persons trading without a consent or certificate and who are not exempt (see 3.1

for examples) will be the subject of enforcement action. 8.3 Each trader issued with a consent will be the subject of compliance checks; these

will be combined with any routine food hygiene inspection where possible. The Council will endeavour to respond to complaints from other traders, residents, Ward Members and other interested parties about the operation of a trader as soon as practicable.

8.4 Consent holders must allow access to Authorised Officers of the Council and

Police Officers at all reasonable times. Council Officers will carry with them and produce on request official identification.

9 Complaints against the Service 9.1 Warrington Borough Council has an agreed procedure for dealing with complaints

about the services it delivers. If you wish to complain about the delivery of Street Trading Services you should contact us on 01925 442590.

9.2 If the matter cannot be resolved, advice will be given on how to further your complaint under the Council’s Complaints Scheme.

Agenda Item 7.4

10 Policy Review 10.1 This Policy took effect on 12 December 2011 and was reviewed on ………. with

the resolution taking legal effect on the 23 January 2012. The Council will review the Policy whenever it is considered that relevant issues have arisen but in any event within a 5 year period.

Agenda Item 7.4

APPENDIX 1 Definitions of terms used in this Policy Within the terms of Warrington Borough Council’s Street Trading Consent Scheme the following definitions apply: The Council means the Warrington Borough Council “Street Trading” is defined in paragraph 1 of Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982-herinafter “the Act” as: The selling or exposing or offering for sale of any article (including a living thing) in a street. Street - The Act defines the term “street” as including: Any road, footway, beach or other area to which the public have access without payment; and a service area is defined in Section 329 of the Highways Act 1980 Any part of a street is a “street” for the purposes of the Act Consent Street means a street in which street trading is prohibited without the consent of Warrington Borough Council Prohibited Street means a street in which street trading is prohibited Consent means consent to trade on a street by Warrington Borough Council Consent Holder means the person or company to whom the consent to trade has been granted by Warrington Borough Council Static Street Trader means trader granted permission by Warrington Borough Council to trade from a specified position Mobile Trader means a trader who moves from street to street Authorised Officer means an officer employed by Warrington Borough Council and authorised by the Council to act in accordance with the provisions of the Local Government (Miscellaneous Provisions) Act 1982

Agenda Item 7.4

APPENDIX 2 Nutritional Assessment

Street food vending Draft nutritional discount criteria

Food safety

• Must achieve a 4 or 5* Scores on the Doors rating within 12 months. Healthier catering

• Home made recipes have a healthy nutritional profile

Salt • Salt is not added to food before it is given to the customers • Salt is made less accessible, for example, by placing it behind the counter • Lower salt alternatives are used whenever practical • Vegetables are cooked in unsalted water • Lower salt ingredients such as baked beans are used

Fat

• Saturated fats (e.g. lard) are not used for cooking – named vegetable oils such as sunflower and rapeseed are used

• Reduced fat ingredients are sourced (mayonnaise, spread, baked beans, cheese etc)

• As little fat as possible is used for cooking • Alternative healthier cooking methods are used where possible • Semi-skimmed / 1% / skimmed milk is used for drinks • Spread or butter is only used on bread e.g. in sandwiches if the customer asks for

it • Where available, meat products with a lower fat content must be obtained • The Food Standards Agency ‘Tips for Chips’ guidelines are followed as far as

possible Sugar

• Artificial sweeteners are available as an alternative to sugar • Diet/sugar-free drinks, pure unsweetened fruit juice or water is available

Portion control

• Smaller packs of snacks such as crisps and chocolate are available • Smaller sized portions of food such as chips are offered

Staff

• All staff are aware of the criteria the business has agreed to

Agenda Item 7.4

Street food vending Nutritional discount criteria

Self-assessment questionnaire

Yes No N/A Comments / notes / examples Food safety What is your Scores on the Doors rating? Home made food Do you make any food products from scratch e.g. soup, sauce? If yes, please attach the recipe(s) with your application

Salt Do you add salt during food preparation? Do you add salt to food before serving it to your customers?

Do you have salt cellars for customer use? If yes, please state where these are kept while you are serving customers

Do you use lower salt alternatives of your regular ingredients, for example, baked beans, stock cubes?

Do you cook vegetables etc in unsalted water? Fat What fat(s) do you use for cooking? Please specify

What reduced-fat ingredients do you use, for example, mayonnaise, cheese?

Do you use the minimum amount of fat possible to cook with?

Please state what cooking method you use to cook the majority of the food you offer

What type of milk do you use for teas / coffees etc? Do you ask before using spread on food, for example, on bread, jacket potatoes etc

Do you check ingredient labels and buy lower fat alternatives, for example, meat products?

Do you serve chips? If yes, have you altered your cooking practices in line with the Food Standards Agency’s Tip for Chips guidelines?

Sugar Do you have artificial sweeteners available alongside

Agenda Item 7.4

sugar? Do you supply diet or sugar-free drinks, pure unsweetened fruit juice or water?

Portion control Do you offer smaller sizes of crisps, chocolates etc? Do you sell different portion sizes of foods such as chips? Staff training Have you trained staff to follow the above healthier catering practices?

Note: These criteria may be subject to change at any time.

Agenda Item 7.4

APPENDIX 3

WARRINGTON BOROUGH COUNCIL STREET TRADING CONDITIONS

GENERAL 1. The grant of a street trading consent shall not be deemed to give any approval or

consent which may be needed under any byelaw, enactment or regulation other than Part 3, Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982. For the avoidance of doubt this includes the requirement to seek and obtain planning permissions and/or advertisement consent.

2. A street trader shall have legibly and prominently displayed upon his/her receptacle

a notice showing their name and the consent number of his/her street trading consent.

3. The consent holder shall notify the Director of Environment & Regeneration of the

Council immediately of any convictions or proceedings arising out of the use or enjoyment of the consent.

4. Traders shall notify the Council of any permanent change of address as soon as it

occurs. 5. The trader shall not assign, under let or part with his/her interest or possession

under this consent or any part thereof but may surrender it to the Council at any time.

6. The consent holder shall observe and comply with any directions in relation to the

use of the street or public place by a duly authorised officer of the Council. 7. Nothing contained in these conditions shall relieve the consent holder, his/her

employees or agents from any legal duty or liability and the consent holder shall indemnify the Council in respect of all claims, actions, demands or costs arising from this consent.

8. If the street trading site is located on private land, including forecourts, satisfactory

written evidence must be provided to the Council that permission of the land owner or lessee has been obtained to carry out the street trading activity.

9. Only those goods specified on the consent maybe sold on the licensed street trading

area. All commodities must comply with current consumer protection legislation. Particular attention should be paid to the requirements of the Health and Safety at Work Act 1974, Food Hygiene (Market Stalls and Delivery Vehicles) Regulations 1966, the Shops Act 1950 and the Food Safety Act 1990.

Agenda Item 7.4

10. A street trader shall not lend or allow any other person to use his/her licence or his identification badge.

11. A street trader shall not in any way alter, erase or deface his/her consent or his

identification badge.

12. Trading may only take place on the dates and during the times specified on the consent.

13. Any receptacle used by the consent holder must be of a type and style approved in

writing by the Council and positioned entirely within the licensed area.

14. Each consent holder shall ensure that disabled persons and wheelchair users can be adequately served. This may involve such customers being served from outside the vehicle/stall.

15. A consent holder shall not undertake any action or activity on the street, including

trading from the site in a manner which, in the opinion of the Council, causes an obstruction in the street or constitutes a danger, nuisance, annoyance or inconvenience to the Council or to the owners or occupiers of any adjacent or neighbouring premises or to members of the public.

16. No advertisement shall be displayed on the licensed pitch which relates to any

goods, commodities or services other than those offered for sale or provided on that pitch.

17. The consent holder shall comply with all reasonable directions given by the Council

or by any authorised officer of the Council regarding any matter to which this consent relates.

18. No water or waste material shall be discharges onto the highway or any adjacent

property.

19. The consent holder’s vehicle/stall shall be kept in a clean, safe and well maintained condition.

20. At least one refuse container shall be provided by the consent holder and placed on

the pavement near to his/her vehicle/stall and be available for use by his/her customers. A notice shall also be displayed requesting customers to deposit litter in a waste container.

21. The consent holder shall ensure that the area in the vicinity of his/her vehicle/stall

shall be kept clear at all times of all refuse originating from his/her trade and from customers, and in particular, shall leave the site clear of such refuse at the completion of trading.

Agenda Item 7.4

22. The consent holder shall ensure that his/her vehicle/stall is positioned only in the allocated area of the consent for which he/she holds a street trading consent. With the exception of static units, vehicles shall be removed from the site after the close of each trading day.

23. Where any vehicle or structure contains a portable or fixed heat producing

appliance, the street trader shall provide a 1 x 2.5 kilogram dry powder fire extinguisher sited adjacent to the exit from the vehicle or structure, the extinguisher to be maintained in accordance with British Standard 5306; Part 3.

24. Notwithstanding the other terms and conditions relating to this consent, every street

trader shall comply with any order or instruction given by any Police Officer in uniform:-

(i) for the prevention of obstruction or danger or annoyance to the public or to

the occupiers of any premises; or (ii) in connection with any emergency or disturbance; or

(iii) on any occasion when such officer in his discretion may

consider it necessary in the public interest to give such an order or instruction.

25. Noise and litter issues resulting from the street trader remaining at the same location

for a prolonged period will be governed by the Laws of Statutory nuisance, for example, the Environmental Protection Act 1990.

26. There will generally be a 100 metre exclusion zone around schools in which street

traders are not allowed to trade. This restriction would only apply during term time and then between the hours of 12 noon to 2.00pm and 3.00pm to 5.00pm on any school day. The restrictions would apply to all street trading consents, regardless of whom the consent holders are targeting and whether or not the application is new or for a renewal of an existing consent.

27. The consent holder may terminate this consent by written notice to the Council.

28. The consent is personal to the consent holder and is not transferable.

29. If a consent holder fails to comply with any of the conditions attached to the consent

he/she will risk the consent being revoked and risk prosecution.

30. These general conditions may be varied by any special conditions relating to a particular location as listed on the consent certificate.

31. In the case of day permits, fees must be paid in full, prior to the consent being

issued.

Agenda Item 7.4

32. If you are convicted of any offence(s), given a formal caution(s) for any offence or

have any fixed penalty notice(s) imposed, you shall write to the Council giving full details of the offence(s), caution(s) or fixed penalty notice(s).

33. Nothing contained in these conditions shall relieve or excuse the consent holder or

his/her employees or agents from any legal duty of liability.

34. At all times the consent holder shall comply with the legislation in force.

35. This consent may be revoked by the Council at any time and the Council shall not in any circumstances whatsoever be liable to pay any compensation to the holder in respect of such revocation.

36. The holder of a street trading consent plate shall return the said plate to the Council

immediately on revocation or surrender of the consent.

37. The holder shall return this consent to Warrington Borough Council immediately on revocation or surrender of the consent.

38. Mobile units may sound chimes but NOT before 12 noon and after 7.00pm, on any

day.

39. Trading in the Town Centre by any trader is prohibited unless a street trading consent has been granted by the Council.

40. Trading on Warrington Walking Day is prohibited by all street traders without the

written permission of the Council. 41. Trading at the Halliwell Jones Stadium area(s) is not permitted by any street trader

on match days without the prior approval of the Council.

Agenda Item 7.4

Appendix 4 List of Consultees Inspector Richard Spedding Cheshire Constabulary Headquarters Clemonds Hey Oakmere Road Winsford CW7 2UA Dave Vasey Asset, Maintenance & Street Works Manager Hawthorne Avenue Woolston Warrington, WA1 4AL Stacey Pickering Community Safety Enforcement (Noise) New Town House Buttermarket Street Warrington, WA1 2NH Neil Roberts Acting Town Centre Neighbourhood Manager Unit 5, Tanning Court Vernon Street Warrington, WA1 2HF Steve Pickering Market Services Manager Warrington Retail Market Academy Way Warrington, WA1 2EN Richard Evans Principal Planning Officer New Town House Buttermarket Street Warrington, WA1 2NH Sara Tomison Estates & Valuation Services New Town House Buttermarket Street

Agenda Item 7.4

Warrington, WA1 2NH The Divisional Commander Cheshire Fire Authority Fire Station Winwick Road Warrington, WA2 8HH

MOTIONS 9. Motions

Motion 1 - Planning Records Proposed by Cllr Brian Axcell Seconded by Cllr Ian Marks This Council: (1) Notes that in a report dated 14th April 2011, Warrington Borough Council was found to be guilty of gross maladministration by the Local Government Ombudsman in a planning matter related to Marton Close, Culcheth, and that in the course of that enquiry the Local Government Ombudsman’s agent discovered that almost all the Council’s record of plans and applications approved in its area prior to 1996 had been destroyed, contrary to Planning Law;

(2) Recognises that at the Council Meeting on 10th September 2012 a report was accepted, which stated that the Council had in 2006 made a decision to destroy certain planning records;

(3) Accepts that no such decision was made by a formal meeting of the Council or with the consent or knowledge of any elected member. The report should instead have said that the destruction of planning records was on the instructions of an officer of the Council and is therefore regarded as an act of maladministration by the Council;

(4) Also accepts the findings of the commissioned Counsel’s report that the decision to destroy planning records was taken by a senior Council Officer and was not referred to any elected member, nor the Chief Executive, nor the Council’s Legal Officers;

(5) Notes that the report also found that the officer who took this decision had been advised that it would be unlawful and against the Council’s document retention policy to destroy the records. Despite this advice, the officer ordered his staff to destroy the records. That the staff involved in destroying the records expressed some misgivings about the action but did not utilise the Council’s whistle-blowing policy. They did not inform senior officers of the Council or Councillors about the action being taken;

(6) Regrets that the officer who took the decision to destroy the planning record refused to attend the Counsel’s inquiry into the destruction;

(7) Expresses disappointment that the senior officer involved has not seen fit either to explain his actions or to apologise and requests that he be invited to a future meeting of the Audit and Corporate Governance Committee to do so.

Motion 2 - Sustainable Communities Act Proposed by Cllr Ian Marks Seconded by Cllr Mike Biggin This Council (1) Supports the aims of the Sustainable Communities Act that gives councils the power to make proposals to central government for action and assistance to promote sustainable communities and which may involve the transfer of powers and public money from central to local control; (2) Understands that the term Sustainable Communities is a broad one that may involve the improvement of the local economy, protection of the environment, promotion of social inclusion and wellbeing and participation in civic, political and democratic activity Notes that in June the Regulations of the Act (which received all-party support when it became law in 2007) were changed to make it easier for councils to submit proposals; (3) Resolves to consider using the opportunities presented by the Act by responding to the government’s invitation for proposals for action and assistance. Amendment to Motion 2 – Sustainable Communities Act Proposed by Councillor P Kennedy Seconded by Councillor L Hoyle addition to existing Motion (4) Invites residents and community groups to come forward with proposals. Motion 3 - Health Awards Proposed by Cllr Ian Marks Seconded by Cllr Judith Walker This Council: (1) Welcomes the strong partnerships developed in the last few years between the Council and the NHS in Warrington which form a sound basis for improving the health of the local population; (2) Congratulates the Warrington Clinical Commissioning Group on winning the most Advanced Clinical Commissioning Group 2012 award at the National Association of Primary Care Vision Awards and being named Commissioning Organisation of the Year at the Health Service Journal Awards.

Motion 4 - Warrington Foodbank Proposed by Cllr Maureen McLaughlin Seconded by Cllr Linda Dirir This Council welcomes the efforts of volunteers, donors and the Trussell Trust in setting up the Warrington Foodbank which launched on 24th November 2012.This Council resolves to ask the Leader to write to the Warrington Food Bank to express the Council’s support for their work in supporting local people at crisis point.

Motion 5 - Payday Loans Proposed by Cllr Maureen McLaughlin Seconded by Cllr Linda Dirir This Council: (1) Notes with concern that the continued rise in food and fuel prices hits families on low incomes in Warrington the hardest and that over 60% of people taking out payday loans use the money to pay for household bills and essential items. (2) Acknowledges that payday loan companies are currently able to charge exorbitant interest equivalent to a percentage rate in the thousands. (3) Notes with concern that payday loan companies can require borrowers to sign a ‘continuous payment authority’ which allows them to take payments directly from bank accounts, and that 1 in 10 payday loan users are foregoing food to pay their debts and are thereby being forced to rely on foodbanks. (4) Further notes that the Coalition Government’s Universal Credit system, due to start in Warrington from April, could further exacerbate these issues. (5) Resolves that the Leader of the Council writes to the Coalition Government to urge the Government to honour its recent commitment to legislate to give authority to the new Financial Conduct Authority to set a limit on payday loans interest rates; to call on the Government to ban or restrict advertising by payday loan companies; and to ask the Government to stop the practice of continuous payment authority by irreputable loan companies.

Agenda Item 10

WARRINGTON BOROUGH COUNCIL FULL COUNCIL 10 December 2012 Report of the: Chief Finance Officer Report Author: Danny Mather, Corporate Finance Manager Contact Details: Email Address:


Ward Members:

All

TITLE OF REPORT: 2012/13 MID YEAR TREASURY REVIEW

1. PURPOSE OF THE REPORT 1.1 To comply with the Chartered Institute of Public Finance and Accountancy’s

(CIPFA) Code of Practice (Code) on Treasury Management (revised November 2009) which was adopted by this council on 1st March 2010, there is a requirement that a half yearly report on the performance of the council’s treasury management operation be reported to Full Council. This report is also being presented to the Audit and Corporate Governance Committee (13/12/12) as they are the body charged with the scrutiny of Treasury Management by the council.

1.2 This report provides an update on the first six months of the year which is the

requirement of the CIPFA Code. Members will find in Appendix 1 further information of the activity up to 31 October 2012. A glossary of treasury terms can also be found at Appendix 2.

2. BACKGROUND 2.1 This mid year report has been prepared in compliance with CIPFA’s Code of

Practice, and covers the following:

• An international and national economic update for the first six months of 2012/13

• A review of the Treasury Management Strategy Statement and Annual Investment Strategy

• A review of the council’s investment portfolio for 2012/13 • A review of the council’s borrowing strategy for 2012/13 • A review of any debt rescheduling undertaken during 2012/13 • A review of compliance with Treasury and Prudential Limits for 2012/13

Agenda Item 10

3. ECONOMIC UPDATE

Euro zone economy

3.1 Economic problems within Greece continue to dominate the Euro zone with Greece failing to meet the demands of the austerity programme in cutting government expenditure, increasing tax revenue and selling off public sector assets. Markets are currently predicting that Greece may eventually be forced to exit the Euro zone and return to the drachma.

3.2 Also sovereign bond yields for both Spain and Italy rose sharply to levels

previously deemed unsustainable, showing the high level of risk in investing in the two countries. Spain is now actively looking at what might be acceptable terms for receiving a “bailout” and surrendering national sovereignty to external oversight by the International Monetary Fund (IMF) and Euro zone countries.

3.3 A possible solution to the Euro zone debt crisis would be the issue of Eurobonds.

These would accumulate all debt in the Euro zone and reduce the Greek element in total Euro zone debt to an almost insignificant percentage, effectively reducing their debt level.

3.4 Austerity programmes in various countries are reducing gross domestic produce

(GDP) growth rates. UK economy 3.5 The UK has suffered its worst and slowest recovery from recession of any of the

five recessions since 1930. 3.6 The Bank of England August 2012 inflation report again pushed back the timing

of a return to trend growth and the rate at which inflation will fall back towards the target rate of 2% to 2.5%.

3.7 40% of the UK GDP is dependent on overseas trade; high correlation of UK

growth to US and EU GDP growth means that the UK economy is likely to register weak growth in the next two years.

3.8 Consumers are likely to remain focused on paying down debt. Weak customer

sentiment and job fears will all act to keep consumer expenditure suppressed. 3.9 Plans to eliminate the structural budget deficit may take longer than the current

plans of the coalition government. These plans will need to be updated to incorporate the impact of weak growth in the Euro zone and US depressing UK GDP growth, and thus lower expectations for increases in tax revenues.

3.10 The coalition government and the Bank of England have put in place a

programme of action to improve the availability of credit in the economy. However, it will take time for this to feed through into a significant positive impact on GDP growth in the economy.

Agenda Item 10

3.11 There is little sign of a coordinated strategy for the private sector to finance a major expansion of infrastructure investment to boost UK growth.

3.12 Euro zone concerns and the potential for further Quantitative Easing (QE) to

stimulate GDP growth are likely to keep gilt yields depressed during the next twelve months.

3.13 UK gilts are likely to retain safe haven status from Euro zone worries for some

time. Euro zone politicians are working to reach agreement on measures to conclusively subdue the debt crisis.

Forecast for the next six months of 2012/13 3.14 There remains uncertainty in economic forecasts due to the following:

• The impact of the Euro zone crisis on financial markets and the banking sector;

• The impact of the UK government’s austerity plan on confidence and growth; • Monetary policy action failing to stimulate growth in western economies; • The potential for weak growth or recession in the UK’s main trading partners –

the EU and US. 3.15 The overall balance of risks is weighted to the downside:

• It is considered that the long run trend is for gilt yields and Public Works Loan Board (PWLB) rates to rise due to the high volume of gilt issuance in the UK, and the high volume of debt issuance in other major western countries. However, near-term, QE is likely to depress yields and further QE thereafter may lead to a reassessment of forecasts;

• Given the weak outlook for economic growth, it is seen that the prospects for any interest rate changes before early 2014 as limited. There is potential for the start of bank rate increases to be even further delayed if growth disappoints.

3.16 Sector’s (treasury advisors to the council) interest rate forecasts are given in the

table below: Sector’s interest rate forecast Sector's interet rate forecast: Bank Rate

3m LIBID

6m LIBID

12m LIBID 5yr PWLB

10yr PWLB

25yr PWLB

50yr PWLB

Actual 0.50 0.55 0.85 1.30 1.89 2.91 4.15 4.32Dec-12 0.50 0.60 0.85 1.30 1.50 2.50 3.70 3.90Mar-13 0.50 0.60 0.85 1.30 1.50 2.50 3.70 3.90Jun-13 0.50 0.60 0.85 1.30 1.50 2.50 3.70 3.90Sep-13 0.50 0.60 0.85 1.40 1.60 2.60 3.80 4.00Dec-13 0.50 0.60 0.85 1.50 1.70 2.70 3.80 4.00Mar-14 0.50 0.60 1.00 1.70 1.80 2.80 3.90 4.10Jun-14 0.50 0.70 1.10 1.90 1.90 2.90 4.00 4.20Sep-14 0.50 0.90 1.30 2.10 2.00 3.00 4.10 4.30Dec-14 0.75 1.10 1.50 2.30 2.10 3.20 4.20 4.40Mar-15 1.00 1.40 1.80 2.60 2.30 3.30 4.30 4.50 *LIBID – London Interbank Bid Rate – the average interest rate which major London banks borrow Euro currency deposits from other banks

Agenda Item 10

4. TREASURY MANAGEMENT STRATEGY STATEMENT AND ANNUAL INVESTMENT STRATEGY UPDATE

4.1 The council’s Treasury Management Strategy Statement (TMSS) for 2012/13

was approved by the Full Council on 5th March 2012. The council’s Annual Investment Strategy, which is incorporated in the TMSS, outlines the council’s investment priorities as follows:

• Security of capital • Liquidity

4.2 The council will also aim to achieve the optimum return (yield) on investments commensurate with the proper levels of security and liquidity. In the current economic climate it is considered appropriate to keep investments short term up to a year (with the exception of the Local Authority Mortgage Scheme (LAMS)) and only invest with highly credit rated financial institutions.

4.3 In terms of borrowing the council’s Medium Term Financial Plan (MTFP) had a

forecast figure for 2012/13 for borrowing of £57.5m to fund the capital programme. Following a review of the capital programme this figure now stands at £56.7m. The policy to borrow this money was when the best interest rate position existed during the year

4.4 Investments and borrowing during the first six months of the year have been in

line with the strategy, and there have been no deviations from the strategy. Further details of the council’s investment and debt portfolio can be seen in section 5 and 6 below.

4.5 As outlined in Section 3 above, there is still considerable uncertainty and volatility in the financial and banking market, both globally and in the UK. In this context, it is considered that the strategy approved on 5th March 2012 is still fit for purpose in the current economic climate.

Agenda Item 10

5. INVESTMENT PORTFOLIO 2012/13

5.1 In accordance with the CIPFA Code, it is the council’s priority to ensure security of capital and liquidity, and to obtain an appropriate level of return which is consistent with the council’s risk appetite. As set out in Section 3, it is a very difficult investment market with the level of interest rates very low and in line with the 0.5% bank rate. The continuing Euro zone sovereign debt crisis, and its potential impact on banks, prompts a low risk and short term strategy. Given this risk adverse environment, investment returns are likely to remain low.

5.2 The average rate of interest earned on council investments for the first six months of the year is 1.41% against an industry benchmark of 1.23%.

The table below shows the breakdown of the council’s investment returns compared to Sector’s benchmark, by length of investment.

Benchmark Benchmark

Return Council

Performance

7 day 0.40% 0.68%

3 month 0.60% -

6 month 0.86% -

12 month 1.34% 3.00% The table below shows the breakdown of the investments compared to CIPFA’s benchmark, by type of investment.

Investment Type Benchmark Return Q1

Council Performance

Fixed Investments over 365 days 2.33% 3.37%

Fixed Investments under 365 days 1.30% 1.52%

Notice Accounts 0.83% 0.81%

Money Market Funds 0.72% 0.78%

The council outperforms the benchmarks on all but the notice accounts due to

using a low paying interest account for compliance to the council’s counterparty policy.

Agenda Item 10

5.3 The council’s investments as at 30th September 2012 was £26.9m, a breakdown

of which is given below:

Fixed Investments Start Maturity Interest Counter Party Date Date Rate PrincipalWarrington Housing Association 13/08/10 11/08/35 5.190 958,688Golden Gates Housing 27/02/12 27/02/37 5.100 1,800,608Lloyds Bank 06/03/12 13/02/13 3.100 3,000,000Warrington Housing Association 07/06/12 07/06/35 3.200 3,000,000Bank of Scotland 11/06/12 04/06/13 3.000 1,000,000Bank of Scotland 27/07/12 04/07/13 3.000 1,000,000

Total O/S 10,759,296

Overnight Deposits Balance Balance Movement Interest RateCounter Party 31/03/2012 30/09/2012

£m £m £m %Santander (Alliance & Leicester) 0.000 0.000 0.000 0.80%Bank of Scotland 0.907 0.785 (0.122) 1.00%Yorkshire Bank 0.000 0.000 (0.000) 0.75%Nat West (Select Liquidity) 3.591 4.150 0.559 0.85%Handelsbanken 0.001 0.000 (0.000) 0.25%Legal and General Money Market Fund 5.443 2.819 (2.624) 0.56%Prime Rate Money Market Fund 4.597 3.474 (1.123) 0.72%Ignis Money Market Fund 0.000 2.756 2.756 0.69%Deutsche Money Market Fund 0.000 2.170 2.170 0.52%

14.538 16.154 1.616

Agenda Item 10

6. BORROWING 6.1 The council’s 2012/13 MTFP contained a forecasted borrowing figure to fund the

capital programme of £57.5m. New borrowing occurred in June for £3m. Following a review of the capital programme this figure now stands at £56.7m. It is expected in line with this strategy that borrowing to fund the capital programme will take place in the final quarter of the year.

The current portfolio as at the 30th September 2012 of PWLB loans and market loans was £117.5m, a breakdown of which is shown below:

Start Maturity Interest PrincipalDate Date Rate % £

25/09/97 23/03/23 6.625 277,73722/02/07 30/09/56 4.350 222,18913/01/10 13/01/14 2.680 305,51013/01/10 13/01/15 3.120 266,62715/01/10 15/01/35 4.530 438,82413/08/10 13/08/35 3.940 52,81922/10/10 22/10/15 1.870 111,09526/11/10 30/09/55 5.260 555,47320/06/11 20/06/16 3.020 2,000,00027/02/12 27/02/37 3.760 1,797,00111/06/12 11/06/37 3.260 3,000,000

Total O/S 9,027,275

Start Maturity Interest PrincipalDate Date Rate % £

21/04/97 23/04/35 5.800 5,000,00027/03/02 27/03/42 4.980 5,000,00002/04/02 02/04/42 5.000 5,000,00026/04/02 26/04/42 4.990 15,000,00001/04/03 01/04/43 4.500 5,000,00001/04/03 01/04/43 4.625 10,000,00024/11/05 24/11/65 3.820 10,000,00003/04/06 03/04/66 3.810 5,000,00020/01/06 20/01/66 3.960 10,000,00026/07/07 26/07/77 4.180 25,000,00016/08/06 16/08/76 4.230 13,500,00001/04/08 01/04/50 5.000 12,275

Total O/S 108,512,275

7. DEBT RESCHEDULING 7.1 Debt rescheduling opportunities have been limited in the current economic

climate and consequent structure of interest rates. No debt rescheduling was undertaken during the first six months of 2012/13.

Agenda Item 10

8. COMPLIANCE WITH TREASURY AND PRUDENTIAL LIMITS 8.1 It is a statutory duty for the council to determine and keep under review the

“Affordable Borrowing Limits”. The council’s approved Treasury and Prudential Indicators (affordability limits) are outlined in the approved Treasury Management Strategy Statement (TMSS).

8.2 During the financial year to date the council has operated within the treasury

limits and prudential indicators set out in the council’s TMSS and in compliance with the council's Treasury Management Practices (TMP). The main prudential and treasury indicators are shown in the table below:

Prudential Indicator 2012/13 2012/13

Indicator Estimate£m £m

Capital Expenditure 83.6 89.3

In Year Borrowing RequirementAuthorised limit for external debt 204.8 175.7Operational boundary for external debt 199.5 175.7Net Borrowing 124.8 122.3Capital Financing Requirement (CFR) 182.1 172.7Ratio of financing costs to net revenue stream 6.6 5.6

Incremental impact of capital investment decisions:Increase in Band D council tax per annum 73.5 66.4Limit of fixed interest rates based on net debt 100% 100%Limit of variable interest rates based on net debt 40% 0%Principal sums invested > 364 days 20.0 5.8

Maturity structure of borrowing limits: Under 12 months 25% 0.3% 12 months to 2 years 25% 0.3% 2 years to 5 years 35% 2.0% 5 years to 10 years 30% 0.0% 10 years and above 100% 97.4%

9. LOCAL AUTHORITY MORTGAGE SCHEME (LAMS)

9.1 The Local Authority Mortgage Scheme that the Council operates continues to go from strength to strength. At 30 September 2012, 76 mortgages had been granted under the scheme in Warrington. However, the Council had to temporary close the scheme in July 2012 due to the fact that the Council’s initial £2m investment in the scheme with Lloyds Bank had been fully used. Although the Council is committed to investing more funds in the scheme, due to delays in Lloyds getting Board approval for the Council to increase its investment in the scheme, the Lloyds scheme could not reopen until October 2012.

9.2 In September 2012 the Council also expanded LAMS when it added The Leeds

Building Society and Teachers Building Society to its panel of lenders. The Leeds Building Society offers the advantage that they will give mortgages on new build properties as well as existing properties. This was not possible before because Lloyds only offer mortgages on existing build properties. The Teachers Building

Agenda Item 10

Society extends our mortgage offer and they give mortgages to teachers and other education professional. It is also anticipated that other leading high street banks will join the scheme shortly. The Council also in the first half of the year continued to work on developing a national pilot of extending the LAMS scheme to giving mortgages on shared ownership properties. It is forecast that a scheme will be ready early in 2013/14.

9.3 Due to the continued success of the scheme the Executive Board approved in September 2012 a further £5m allocation to the scheme which takes the Council’s potential total investment to £10m in the LAMS scheme.

10. CONFIDENTIAL OR EXEMPT 10.1 Not confidential.

11. FINANCIAL CONSIDERATIONS N/A

12. RISK ASSESSMENT 12.1 A full risk assessment has been undertaken. The council’s annual Treasury

Management Strategy Statement details the financial risks facing the council’s treasury portfolio over the coming year.

13. EQUALITY AND DIVERSITY/EQUALITY IMPACT ASSESSMENT 13.1 The Finance Service undertakes equality impact assessment (EIA) in its wider

functions. Service changes that emerge from proposals contained in the TMSS are subject to equality impact assessments.

14. CONSULTATION N/A

15. CONCLUSION 15.1 All treasury activity for the first half of the year was carried out in full compliance

with the council’s Treasury Management Strategy Statement which was approved by Full Council on 5th March 2012.

16. REASONS FOR RECOMMENDATIONS 16.1 To ensure the council compiles with the 2009 revised CIPFA Treasury

Management Code of Practice. 17. RECOMMENDATIONS 17.1 That Council note the report. 18. BACKGROUND PAPERS • Treasury working papers

Agenda Item 10

Contacts for Background Papers:

Name E-mail Telephone Danny Mather Corporate Finance Manager

[email protected] 01925 442344

19. Clearance Details Name Consulted Date

Consulted Yes No SMB Assistant Chief Executive Katherine

Fairclough 23/11/12

Chief Finance Officer Lynton Green 23/11/12 Solicitor to the Council Timothy Date

Agenda Item 10

Appendix 1 Investments The tables below summarise the council’s investment portfolio at 31 October 2012: Fixed Investments Start Maturity Interest Counter Party Date Date Rate PrincipalWarrington Housing Association 13/08/10 11/08/35 5.190 958,688Golden Gates Housing 27/02/12 27/02/37 5.100 1,800,608Lloyds Bank 06/03/12 13/02/13 3.100 3,000,000Warrington Housing Association 07/06/12 07/06/35 4.510 3,000,000Bank of Scotland 11/06/12 04/06/13 3.000 1,000,000Bank of Scotland 27/07/12 04/07/13 3.000 1,000,000

Total O/S 10,759,296 Overnight Deposits Balance Balance Movement Interest Counter Party 31/03/2012 31/10/2012 Rate

£m £m £m %Santander (Alliance & Leicester) 0.000 0.000 0.000 0.80%Bank of Scotland 0.907 0.037 (0.870) 1.00%Yorkshire Bank 0.000 0.000 (0.000) 0.75%Nat West (Select Liquidity) 3.591 4.160 0.569 0.85%Handelsbanken 0.001 0.000 (0.001) 0.25%Legal and General Money Market Fund 5.443 3.605 (1.838) 0.55%Prime Rate Money Market Fund 4.597 3.374 (1.223) 0.73%Ignis Money Market Fund 0.000 4.171 4.171 0.70%Deutsche Money Market Fund 0.000 1.170 1.170 0.42%

14.538 16.517 1.979

Agenda Item 10

Borrowing There have been not changes to the council’s borrowing portfolio since September. The tables below summarise the council’s debt portfolio at 31 October 2012:

Money Market Start Maturity Interest PrincipalCounter Party Date Date Rate % £DEPFA BANK PLC 21/04/97 23/04/35 5.800 5,000,000BAYERISHCE LANDESBANK 27/03/02 27/03/42 4.980 5,000,000EURAPAISCHE HYPOTHEKEN 02/04/02 02/04/42 5.000 5,000,000EURO HYPO 26/04/02 26/04/42 4.990 15,000,000DEPFA BANK PLC 01/04/03 01/04/43 4.500 5,000,000DEPFA ACS BANK 01/04/03 01/04/43 4.625 10,000,000DEXIA FINANCE PUBLIC BANK 24/11/05 24/11/65 3.820 10,000,000BARCLAYS BANK 03/04/06 03/04/66 3.810 5,000,000BARCLAYS BANK 20/01/06 20/01/66 3.960 10,000,000BARCLAYS BANK 26/07/07 26/07/77 4.180 25,000,000DEXIA FINANCE PUBLIC BANK 16/08/06 16/08/76 4.230 13,500,000Bonds 01/04/08 01/04/50 5.000 12,275

Total O/S 108,512,275

PWLB Start Maturity Interest PrincipalCounter Party Date Date Rate % £PWLB 25/09/97 23/03/23 6.625 277,737PWLB 22/02/07 30/09/56 4.350 222,189PWLB 13/01/10 13/01/14 2.680 305,510PWLB 13/01/10 13/01/15 3.120 266,627PWLB 15/01/10 15/01/35 4.530 438,824PWLB 13/08/10 13/08/35 3.940 52,819PWLB 22/10/10 22/10/15 1.870 111,095PWLB 26/11/10 30/09/55 5.260 555,473PWLB 20/06/11 20/06/16 3.020 2,000,000PWLB 27/02/12 27/02/37 3.760 1,797,001PWLB 11/06/12 11/06/37 3.260 3,000,000

Total O/S 9,027,275

Agenda Item 10

Appendix 2 GLOSSARY OF TERMS

Basis Point (BP) 1/100th of 1%, i.e. 0.01% Base Rate Minimum lending rate of a bank or financial institution in the UK Benchmark A measure against which the investment policy or performance of a fund

manager can be compared. Bill of Exchange A financial instrument financing trade. Callable Deposit A deposit placed with a bank or building society at a set rate for a set amount

of time. However, the borrower has the right to repay the funds on pre agreed dates, before maturity. This decision is based on how market rates have moved since the deal was agreed. If rates have fallen the likelihood of the deposit being repaid rises, as cheaper money can be found by the borrower.

Cash Fund Management

Fund management is the management of an investment portfolio of cash on behalf of a private client or an institution, the receipts and distribution of dividends and interest, and all other administrative work in connection with the portfolio.

Certificate of Deposit Evidence of a deposit with a specified bank or building society repayable on a fixed date. They are negotiable instruments and have a secondary market; therefore the holder of a CD is able to sell it to a third party before the maturity of the CD.

Commercial Paper Short-term obligations with maturities ranging from 2 to 270 days issued by banks, corporations and other borrowers. Such instruments are unsecured and usually discounted, although some may be interest bearing.

Corporate Bond Strictly speaking, corporate bonds are those issued by companies. However, the term is used to cover all bonds other than those issued by governments in their own currencies and includes issues by companies, supranational organisations and government agencies.

Counterparty Another (or the other) party to an agreement or other market contract (e.g. lender/borrower/writer of a swap/etc.)

CDS Credit Default Swap – a swap designed to transfer the credit exposure of fixed income products between parties. The buyer of a credit swap receives credit protection, whereas the seller of the swap guarantees the credit worthiness of the product. By doing this, the risk of default is transferred from the holder of the fixed income security to the seller of the swap.

CFR Capital Financing Requirement CIPFA Chartered Institute of Public Finance and Accountancy CLG Department for Communities and Local Government CPI Consumer Price Index – calculated by collecting and comparing prices of a

set basket of goods and services as bought by a typical consumer, at regular intervals over time. The CPI covers some items that are not in the RPI, such as unit trust and stockbrokers fees, university accommodation fees and foreign students’ university tuition fees.

DCLG Department of Communities and Local Government Derivative A contract whose value is based on the performance of an underlying

financial asset, index or other investment, e.g. an option is a derivative because its value changes in relation to the performance of an underlying stock.

DMADF Deposit Account offered by the Debt Management Office, guaranteed by the UK government.

ECB European Central Bank – sets the central interest rates in the EMU area. The ECB determines the targets itself for its interest rate setting policy; this is to keep inflation within a band of 0 to 2%. It does not accept that monetary policy is to be used to manage fluctuations in unemployment and growth caused by the business cycle.

EMU European Monetary Union Equity A share in a company with limited liability. It generally enables the holder to

share in the profitability of the company through dividend payments and

Agenda Item 10

capital gain. EU European Union Fed. Federal Reserve Bank of America – sets the central rates in the USA Floating Rate Notes Bonds on which the rate of interest is established periodically with reference

to short-term interest rates Forward Deal The act of agreeing today to deposit funds with an institution for an agreed

time limit, on an agreed future date, at an agreed rate. Forward Deposits Same as forward dealing (above). FSA Financial Services Authority – body responsible for overseeing financial

services. Fiscal Policy The Government policy on taxation and welfare payments. GDP Gross Domestic Product GF General Fund Gilt Registered British government securities giving the investor an absolute

commitment from the government to honour the debt that those securities represent.

Gilt Funds Pooled fund investing in bonds guaranteed by the UK government. Government MMF MMFs that invest solely in government securities, or reverse repurchase

agreements backed by Government Securities. HM Treasury Her Majesty’s Treasury HRA Housing Revenue Account IFRS International Financial Reporting Standards LIBID London Interbank Bid Rate – LIBID is calculated through a survey of London

banks to determine the interest rate which they are willing to borrow large Eurocurrency deposits.

LOBO’s Lenders Option Borrowers Option loans Money Market Fund (MMF)

A well rated, highly diversified pooled investment vehicle whose assets mainly comprise of short term instruments. It is very similar to a unit trust, however in a MMF.

Monetary Policy committee (MPC)

Government body that sets the bank rate (commonly referred to as being base rate). Their primary target is to keep inflation within plus or minus 1% of a central target of 2.5% in two years time from the date of the monthly meeting of the Committee. Their secondary target is to support the Government in maintaining high and stable levels of growth and employment.

MRP Minimum Revenue Provision MTFP Medium Term Financial Plan Open Ended Investment Companies

A well diversified pooled investment vehicle, with a single purchase price, rather than a bid/offer spread.

Other Bond Funds Pooled funds investing in a wide range of bonds. PFI Private Finance Initiative PWLB Public Works Loan Board QE Quantitative Easing Reverse Gilt Repo This is a transaction as seen from the point of view of the party which is

buying the gilts. In this case, one party buys gilts from the other and, at the same time and as part of the same transaction, commits to resell equivalent gilts on a specified future date, or at call, at a specified price.

Retail Price Index (RPI)

Measurement of the monthly change in the average level of prices at the retail level weighted by the average expenditure pattern of the average person.

RPIX As RPI but excluding mortgage interest rate movements. RPIY As RPI but excluding mortgage interest rate movements and changes in

prices caused by changes in taxation. Sovereign Issues (Ex UK Gilts)

Bonds issued or guaranteed by nation states, but excluding UK government bonds.

Supranational Bonds Bonds issued by supranational bodies, e.g. European investment bank. These bonds – also known as Multilateral Development Bank bonds – are generally AAA rated and behave similarly to gilts, but pay a higher yield (“spread”) given their relative illiquidity when compared with gilts.

Agenda Item 10

SORP Statement of Recommended Practice S151 Section 151 Officer Term Deposit A deposit held in a financial institution for a fixed term at a fixed rate. Treasury Bill Treasury bills are short term debt instruments issued by the UK or other

governments. They provide a return to the investor by virtue of being issued at a discount to their final redemption value.

UBS Union Bank of Switzerland US United States WARoR Weighted Average Rate of Return is the average annualised rate of return

weighted by the principal amount in each rate. WAM Weighted Average Time to Maturity is the average time, in days, till the

portfolio matures, weighted by principal amount. WATT Weighted Average Total Time is the average time, in days, that deposits are

lent out for, weighted by principal amount. WA Risk Weighted Average Credit Risk Number. Each institution is assigned a colour

corresponding to a suggested duration using Sector’s Suggested Credit Methodology.

Model WARoR Model Weighted Average Rate of Return is the WARoR that the model produces by taking into account the risks inherent in the portfolio.

Agenda Item 11

WARRINGTON BOROUGH COUNCIL FULL COUNCIL 10 December 2012 Report of the: Chief Finance Officer Report Author: Lynton Green Contact Details: Email Address:


Ward Members:

All

TITLE OF REPORT: DELEGATION OF APPROVAL OF THE COUNCIL’S NATIONAL NON DOMESTIC RATES 1 FORM (NNDR1)

1. PURPOSE OF THE REPORT 1.1 To seek Council delegation of the formal approval of the Council’s NNDR1 form,

to the Audit and Corporate Governance Committee. 2. BACKGROUND 2.1 The National Non Domestic Rates form 1 (NNDR1) is an annual National Non

Domestic Rates (NNDR) forecasting form which is completed annually by the Council as part of the annual budget setting process.

2.2 Prior to 2013/14 this form did not play a role in resource distribution. It was

completed in January / February each year and approval was delegated to Council’s Section 151 Officer.

2.3 In 2013/14 the financing of local government is going to change with the introduction of the Business Rate Retention Scheme. This significantly changes the importance of the NNDR1 form as this now determines the distribution of business rates. This will now become an important consideration for the annual budget, and will therefore be placed under increased scrutiny.

2.4 The Government have so far published no regulations of how the NNDR1 form is

to be approved going forward. However, current guidance indicates that the form needs approval by Council and not the Section 151 Officer. The deadline for the approval of the form is 31 January 2013. Nationally this is causing all Councils problems due to the difficulties with the timing of Council meetings, the work involved in completing the form, and the lack of Government guidance.

2.5 The Chartered Institute of Public Finance & Accountancy (CIPFA) have raised

this issue on behalf of local government with the Department of Communities & Local Government (DCLG). DCLG guidance is that the NNDR1 form can be delegated if an authority chooses to do so, in line with usual governance practice.

2.6 It is recommended that Council permanently delegate the authorisation of the NNDR1 form to the Audit and Corporate Governance Committee. Whose next meeting is on 16 January 2013, the next Council meeting is on 4 March 2013,

Agenda Item 11

and therefore Council could not authorise the NNDR1 form unless a special council meeting is convened.

2.7 This will enable the effective completion of the NNDR1 form. Also the Audit & Corporate Governance Committee already carries out a similar delegated function as part of the annual budget cycle in agreeing the annual Council Tax taxbase report. The NNDR1 form will be reported to Council as part of the budget setting report on 4 March 2013 and training on the new local government funding system including an explanation of the NNDR1 form, will be organised for members early in the new year.

3. CONFIDENTIAL OR EXEMPT 3.1 Not confidential.

4. FINANCIAL CONSIDERATIONS 4.1 The NNDR1 form needs to be agreed by 31 January 2013 to meet the Council’s

legal responsibilities in setting its 2013/14 budget.

5. RISK ASSESSMENT 5.1 A full risk assessment has been undertaken on the NNDR1 form. An officer

project group has been set up to ensure the accuracy of data and it has been programmed into the MTFP project plan.

6. EQUALITY AND DIVERSITY/EQUALITY IMPACT ASSESSMENT 6.1 N/A

7. CONSULTATION 7.1 N/A

8. CONCLUSION 8.1 Delegation of the approval of the NNDR1 form to the Audit & Corporate

Governance Committee will facilitate the effective completion and submission of the form.

9. REASONS FOR RECOMMENDATIONS 9.1 To ensure the Council completes and gains member approval of the statutory

NNDR1 form by 31 January 2013. 10. RECOMMENDATIONS 10.1 That Council authorises (1) delegation of the approval of the NNDR1 form to the

Council’s Audit and Corporate Governance Committee and (2) the terms of reference of the committee be amended accordingly.

Agenda Item 11

11. BACKGROUND PAPERS • Localisation of Business Rates working papers. Contacts for Background Papers:

Name E-mail Telephone Danny Mather Corporate Finance Manager

[email protected] 01925 442344

12. Clearance Details Name Consulted Date

Consulted Yes No SMB Assistant Chief Executive Katherine

Fairclough 26/11/12

Chief Finance Officer Lynton Green 26/11/12

Head of Legal Ian Mason 26/11/12

Date post:	19-Sep-2020
Category:	Documents
Upload:	others
View:	0 times
Download:	0 times

Please note that a 3 minute video will be played in the Foyer on … · 2019. 9. 6. · Please note...

Documents