Agenda and minutes

Apologies for absence were received from Councillor Jon Barry.  

To receive as a correct record the Minutes of the Meeting of the City Council held on 12^th April 2017 (previously circulated). 

The minutes of the meeting held on 12 April 2017 were signed by the Mayor as a correct record.

To receive declarations by Members of interests in respect of items on this Agenda. 

Members are reminded that, in accordance with the Localism Act 2011, they are required to declare any disclosable pecuniary interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting). 

Whilst not a legal requirement, in accordance with Council Procedure Rule 9 and in the interests of clarity and transparency, Members should declare any disclosable pecuniary interests which they have already declared in the Register, at this point in the meeting. 

In accordance with Part B Section 2 of the Code Of Conduct, Members are required to declare the existence and nature of any other interests as defined in paragraphs 8(1) or 9(2) of the Code of Conduct. 

Councillor Ashworth declared a non-prejudicial interest in the report regarding appointments to outside bodies as a Board Director for the Citizen’s Advice Bureau, not appointed by Council.

The Mayor thanked all who had attended his luncheon on Friday 12 May and the Mayor’s Sunday service at Lancaster Priory on 14 May.

He announced that he had received a donation of £500 from Anne Speight Charitable Will Trust towards his Mayoral charities, which were McMillan Cancer and the Morecambe Branch of the Royal National Lifeboat Institution.

The Mayor reported that the result of the recent charity football match in aid of Dementia Awareness had been nine goals to two to the opposition. He thanked the match organisers, particularly Councillor Pattison.

Referral from Overview and Scrutiny Committee.

Councillor Ashworth, as the Chairman of the Overview and Scrutiny Committee in 2016/17, presented a report of the Committee for Council’s consideration. The report contained recommendations regarding the establishment of a Civic and Citizenship Panel and a Citizenship Awards Scheme.

Councillor Ashworth responded to questions from Councillors before proposing the recommendations as set out in the report, seconded by Councillor Whitaker.

During questions it was acknowledged that, although an award for staff mentioned in the report had not been specified in the recommendations, the intention was to include an award for staff, should Council decide to establish an award scheme. The Democratic Services Manager agreed to minute this.

There was a short debate before the Mayor called for a vote. The proposition was clearly carried.

Resolved:

(1)       That a Civic and Citizenship Panel to include the Mayor and Deputy Mayor, Honorary appointments, dignitaries and community representatives be established by the Council to support the Mayoralty in undertake the following:

•           Promote citizenship through organising visits to schools, clubs etc.

•           Assist with the organisation of Local Democracy Week.

•           Run the Citizenship awards with the CVS.

•           Promote the Mayor’s Charity and assist the Mayor with fund raising events.

•           Assist in the organisation of Mayor Making and Civic events.

•           Assist with the developing the Civic role.

(2)       That a Mayor’s Citizenship award scheme be established by the Civic and Citizenship Panel in conjunction with CVS and consider introducing the following categories:

•           Bravery Award.

•           Young Carer Award. 

•           Young entrepreneur/business Award. 

To consider the report of the Chief Executive.

The Chief Executive has submitted a report to advise Council of the Proportional Representation (PR) calculations relating to the allocation of seats in accordance with the Local Government and Housing Act 1989 and Council’s agreed protocol, as required at the annual meeting.

The Democratic Services Manager responded to Members’ questions.

Councillor Brookes proposed, seconded by Councillor Clifford:

“That the recommendations, as set out in the report, be approved.”

There was no debate and the proposition was clearly carried when put to the vote.

The Mayor noted that the necessary adjustments which had just been approved would be dealt with later in the agenda, when appointing Committee members. (Minute numbers 14 and 15 refer.)

Resolved:

(1)          That in accordance with Section 15 of the Local Government and Housing Act, 1989 and Part 4 of the Local Government (Committees and Political Groups) Regulations, 1990, the calculations and allocation of seats set out in Appendices B and C of the report, be approved.

(2)          That the adjustments required to the Grouping of Committees, detailed in paragraph 3 and Appendix C of the report, with the passing over of one seat on the Overview and Scrutiny Committee/Budget and Performance Panel from the Labour Group to the Green group, be approved.

To consider the report of the Leader.

In accordance with Rule 1.2 of the Cabinet Procedure Rules, the Leader reported on the delegation of executive functions.

Cabinet portfolios, as appended to these minutes, were confirmed by the leader at the meeting.

Other executive functions were set out in the report as follows:

1. In accordance with the Council’s current Constitution (Article 7.09), Cabinet members would have delegated authority to take non-key decisions within their portfolio areas.  Key decisions would be taken by Cabinet collectively.

2. No Cabinet committees or area committees had been appointed.

3. The revenues and benefits functions of the Council would continue to be carried out by a Joint Committee with Preston City Council.  The two Cabinet members on that Joint Committee would be the Leader and Councillor Whitehead.

4. Delegations of executive functions to officers were set out in Part 3 Section 14 of the Council’s Constitution, (appended to the report).  However, it was noted that the Chief Officer (Governance) post was currently vacant and designations to that post would be carried out by the Chief Executive for the time being, except for those relating to licensing functions, which would be carried out by the Chief Officer (Health and Housing).

Resolved:

That the report be noted.

To consider the report of the Monitoring Officer.

The Monitoring Officer had submitted a report on the Scheme of Delegation to Officers in relation to non-executive functions.

Councillor Clifford proposed, seconded by Councillor Brown:

“That the recommendation as set out in the report, be approved.”

There was no debate and the proposition was clearly carried when put to the vote.

Resolved:

(1)          That the current Scheme of Delegation to Officers (“Scheme of Delegation”) in regard to non-executive functions be approved.

To receive nominations and appoint Members to serve on each of the following Overview and Scrutiny bodies in accordance with the political balance arrangements agreed at Item 6. 

In accordance with the Council’s Constitution, Part 3, Sections 12 and 13, only non-Cabinet Members are entitled to vote on this item.

(a)      Overview and Scrutiny Committee (9)

(b)      Budget and Performance Panel (9)

Council was informed that a list of Members nominated by the groups for appointment to the Council’s Overview and Scrutiny bodies, in line with the allocation of seats agreed at minute number 11, had been circulated at the commencement of the meeting.

Groups were given the opportunity to put forward any further changes. The Labour Group asked that Councillor Reynolds be given a seat on the Budget and Performance Panel instead of the Overview and Scrutiny Committee, as notified to Democratic Services. It was noted that, as a result of this change, Councillor Ashworth would receive a place on the Overview and Scrutiny Committee, rather than the Budget and Performance Panel.

The Green Group noted that Councillor Mills’ name was missing from the substitutes list for the Overview and Scrutiny Committee and asked that it be added.

The Mayor reminded Members that in accordance with the Council’s Constitution Part 3, Sections 12 and 13, only non-Cabinet members were entitled to vote on this item.

Subject to the amendments set out above, acceptance of the nominations put forward by the groups for appointment to the Overview and Scrutiny bodies was moved by Councillor Brown and seconded by Councillor Whitaker.

On being put to the vote the Mayor declared the proposition clearly carried.

Resolved:

That the nominations put forward by the groups for appointment to the Overview and Scrutiny bodies be approved as set out in the Appendix to these minutes.

To receive nominations and appoint Members to serve on the under-mentioned Committees and the Appraisal Panel in accordance with the political balance arrangements agreed at Item 6.

(a)        Licensing Regulatory Committee (9)

(b)        Licensing Act Committee (15)

(c)        Planning and Highways Regulatory Committee (15)

(d)        Personnel Committee (7)

(e)        Appeals Committee (7)

(f)          Audit Committee (7)

(g)        Standards Committee (7) 

(h)        Council Business Committee (7)

(i)         Appraisal Panel (7)

Council was informed that a list of Members nominated by the groups for appointment to the Council’s Committees and the Appraisal Panel, in accordance with the allocation of seats as agreed at minute number 11, had been circulated at the commencement of the meeting.

Councillor Barry’s name, which was missing from the list, was added as a substitute for the Planning and Highways Regulatory Committee at the request of the Green Group.

It was moved by Councillor Clifford and seconded by Councillor Brown, that the nominations put forward by the groups for appointments to Committees and the Appraisal Panel be accepted.

On being put to the vote, the Mayor declared the proposition clearly carried.

Resolved:

That the nominations put forward by the groups for appointments to Committees of Council and the Appraisal Panel be approved as set out in the Appendix to these minutes.

To receive nominations and appoint a Chairman to each of the under-mentioned bodies noting that, in accordance with the Council’s Constitution, Part 3, Sections 11 and 12, only non-Cabinet Members are entitled to vote on (a) and (b) below:

(a)       Overview and Scrutiny Committee - shall not be a member of the largest political group represented on Cabinet

(b)       Budget and Performance Panel - shall not be a member of the largest political group represented on Cabinet.

(c)       Licensing Regulatory Committee

(d)       Licensing Act Committee

(e)       Planning and Highways Regulatory Committee

(f)        Personnel Committee

(g)       Appeals Committee

(h)       Audit Committee – shall not be a member of Cabinet or Overview and Scrutiny.

(i)            Standards Committee

(j)        Council Business Committee

(k)        Appraisal Panel

The Mayor informed Councillors that the Appraisal Panel had been included on the agenda in error. The Panel had not been a formal Committee of Council for some time and, as such, it was proper for Panel Members to appoint their own Chairman each year.

After clarifying this point, the Mayor requested nominations for a Chairman for the Overview and Scrutiny bodies and for each of the Council’s Regulatory and Standing Committees. 

The Mayor again reminded Members that in accordance with the Council’s Constitution only non-Executive Members were entitled to vote on the Chairmen proposed for the Overview and Scrutiny Committee and Budget and Performance Panel.

For the Overview and Scrutiny Committee, Councillor Ashworth was nominated by Councillor Knight, seconded by Councillor Caroline Jackson.  Councillor Goodrich was nominated by Councillor Phillippa Williamson, seconded by Councillor Edwards.

On being put to the vote there was a tie, with 21 Members voting for each nominee.

The Mayor called for a second vote and, with 23 Members voting for Councillor Ashworth and 22 for for Councillor Goodrich, the Mayor declared Councillor Ashworth Chairman of the Overview and Scrutiny Committee. 

In relation to the Budget and Performance Panel, Councillor Brookes was nominated by Councillor Hamilton-Cox, seconded by Councillor Ashworth and Councillor Sykes was nominated by Councillor Phillippa Williamson, seconded by Councillor Parkinson. 11 Members voted for Councillor Brookes, 17 Members voted for Councillor Sykes. Councillor Sykes was appointed. 

For the Licensing Regulatory Committee, Councillor Hartley was nominated by Councillor Clifford, seconded by Councillor Brown.  Councillor Charles was nominated by Councillor Phillippa Williamson, seconded by Councillor Sykes.

On being put to the vote 37 Members voted for Councillor Hartley and 18 for Councillor Charles. Councillor Hartley was appointed. 

In relation to the Licensing Act Committee, Councillor Metcalfe was nominated by Councillor Clifford, seconded by Councillor Brown. Councillor Rogerson was nominated by Councillor Phillippa Williamson, seconded by Councillor Guilding. 

On being put to the vote 37 Members voted for Councillor Metcalfe and 19 for Councillor Rogerson. The Mayor declared Councillor Metcalfe Chairman of Licensing Act Committee. 

For the Planning and Highways Regulatory Committee, Councillor Brayshaw was nominated by Councillor Clifford, seconded by Councillor Brown and Councillor Helme was nominated by Councillor Phillippa Williamson, seconded by Councillor Sykes. 

34 Members voted for Councillor Brayshaw and 22 for Councillor Helme. Councillor Brayshaw was appointed.

In relation to the Personnel Committee, Councillor Atkinson was nominated by Councillor Clifford, seconded by Councillor Brown and Councillor Parkinson was nominated by Councillor Phillippa Williamson, seconded by Councillor Joan Jackson.

On being put to the vote there were 35 votes for Councillor Atkinson and 21 votes for Councillor Parkinson. Councillor Atkinson was appointed.

For the Appeals Committee, Councillor Cozler was nominated by Councillor Clifford, seconded by Councillor Brown. Councillor Joan Jackson was nominated by Councillor Phillippa Williamson, seconded by Councillor Gardiner. 

On being put to the vote 39 Members voted for Councillor Cozler and 18 for  Councillor  Joan Jackson whereupon the Mayor declared Councillor Cozler Chairman of the Appeals Committee.,

In relation to  ...  view the full minutes text for item 16.

To consider the report of the Chief Executive.

The Chief Executive had submitted a report to enable Council to consider its appointments to outside bodies, partnerships and boards. The Mayor noted that recommendation (3) of the report, asking for nominations to Lancaster University Council, no longer applied. Lancaster University was reviewing the size of its Council and was not requesting an appointment from the City Council at this time.

The Labour Group reported that Councillor Reynolds had resigned from the Lancaster Ripley Church of England Trust, and Councillor Clifford had resigned from the Board of Trustees of the Lancaster Charity. Nominations were taken for these two vacancies, and two vacancies which were set out in the report, on the Heysham Nuclear Power Station Local Community Liaison Council (HNPLCLC).

Lancaster Ripley Church of England Education Trust

Councillor Thynne was nominated by Councillor Clifford, seconded by Councillor Brown. There were no other nominations and Councillor Thynne was appointed.

Board of the Lancaster Charity

Councillor Clift was nominated by Councillor Clifford, seconded by Councillor Brown. There were no other nominations and Councillor Clift was appointed.

Heysham Nuclear Power Station LCLC

Councillor Burns was nominated by Councillor Clifford and seconded by Councillor Brown. Councillor Wild was nominated by Councillor Phillippa Williamson and seconded by Councillor Sykes.  There being no further nominations, and two vacancies, both nominees were appointed.

It was reported that one of the outside bodies listed, “Relate” may no longer exist in the Lancaster District. The Democratic Services Manager agreed to look into this.

Council was also asked to note that the outside body named Leeds-Morecambe and Settle-Carlisle Railway Development was actually called The Community Rail Partnership. The Democratic Services Manager agreed to amend all records accordingly.

Councillor Clifford proposed recommendation (1) of the report, to confirm the appointments to outside bodies as set out in the report, subject to the amendments which had just been made. Councillor Brown seconded the proposition and

Resolved:

(1)          That Council notes the changes that have occurred mid-year, and confirms the appointments, as set out in Appendix 1 of the report, with the following revisions:-

Lancaster University Council to be removed from the list of outside bodies;

Councillor Thynne to replace Councillor Reynolds on Lancaster Ripley Church of England Trust;

Councillor Clift to replace Councillor Clifford on the Board of the Lancaster Charity;

Councillors Burns and Wild to be appointed to the two vacancies on the Heysham Nuclear Power Station LCLC.

(2)       That Council notes that all appointments made at this meeting will extend until the next City Council elections in 2019.

To consider the report of the Chief Executive.

Council considered a report of the Chief Executive advising Council to appoint one Labour Member to the Lancashire Police and Crime Panel.

The Democratic Services Manager responded to Members’ questions. She explained that the political balance throughout the County had not yet been calculated by the host authority, Blackburn-with-Darwen and it may be that the Council would be invited to appoint a second member once that calculation was known. However, initially Blackburn-with-Darwen had requested that Lancaster City Council appoint one Labour Member to enable the Council to be represented at the next Panel meeting on 5 June 2017.

Councillor Clifford nominated Councillor Hughes for the role, seconded by Councillor Brown.

Resolved:

(1)          That Council notes that the political balance in Lancashire, following local elections in May 2017, is still to be determined.

(2)          That Councillor Hughes be put forward as the City Council’s Labour Member for appointment to the Lancashire Police and Crime Panel for the municipal year 2017/18 to enable the Council to be represented at the next meeting of the Panel on 5 June 2017.