Agenda and minutes

Apologies for absence were received from Councillors Susie Charles, Andrew Gardiner, Ron Sands and Andrew Warriner.

To receive as a correct record the Minutes of the Meeting of the City Council held on 11 April 2018 (previously circulated). 

With regard to the minutes of the meeting held on 11 April 2018, Councillor Hamilton-Cox asked if there were any sanctions if a Member failed to carry out an action they had agreed to.  The Monitoring Officer explained that Democratic Services could chase up any actions and would normally remind if written answers to questions were promised at a Council meeting.

The minutes of the meeting of 11 April 2018 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. 

There were no declarations of interest made at this stage.

The Mayor thanked all Councillors who had attended his Mayor’s Sunday service at the Priory on 13^th May.

He reminded Councillors of the rules governing Members’ conduct at meetings, which had been circulated before the meeting. He expected the year to be a busy one, with a great deal of business to attend to. Adhering to the rules would help the meetings run smoothly and efficiently.

The Mayor informed Members of a packed and varied schedule of events he was planning for 2018/19 to raise funds for his two charities, Lancaster and Morecambe City of Sanctuary and St John’s Hospice.

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.  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 will have delegated authority to take non-key decisions within their portfolio areas.  Key decisions will be taken by Cabinet collectively.

2)            No Cabinet committees or area committees have been appointed.

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

4)            Delegations of executive functions to officers will be as set out in the appendix to the report and Part 3 Section 14 of the Council’s Constitution

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 Blamire:

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

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

Resolved unanimously:

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

To consider the report of the Chief Executive

The Chief Executive presented a report which set out the calculation in accordance with the provisions of Section 15 of the Local Government and Housing Act 1989 and Part 4 of the Local Government (Committees and Political Groups) Regulations 1990, which had been carried out following the protocol previously agreed by Council.

In response to a question regarding the status of non-aligned independent Members, the Monitoring Officer explained that each Elected Member was included in the proportional representation (PR) calculation, whether they were a member of a political party or not.

The recommendations set out in the report, including the grouping of committees and the confirmation of the constitution of the Licensing Act Committee which was not required to be subject to political balance regulations, were moved by Councillor Clifford and seconded by Councillor Brayshaw.

A vote was taken and the Mayor declared the proposition clearly carried. He noted that the adjustments required to be made as a result of the calculation would be dealt with during the next item (minute 13 refers).

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 City Council approves the calculations and allocation of seats set out in Appendices B and C of the report.

(2)     That the adjustments required to the groupings of committees, by which the Labour Group pass a seat on the Overview and Scrutiny grouping to the Independent Group and the Labour and Green groups pass a seat each to one of the non-aligned independent Members on the Regulatory and Standing Committees of Council grouping, 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 8. 

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 had been circulated at the commencement of the meeting.

Regarding the adjustments required by the proportional representation calculation (minute 12 refers) the Labour Group Administrator, Councillor Clifford, confirmed that his group would pass a seat on the Overview and Scrutiny Committee to the Independent Group. Councillor Knight, Group Administrator for the Independent Group confirmed that Councillor Ashworth would take up that seat for his group.

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.

Acceptance of the nominations put forward by the groups for appointment to the Overview and Scrutiny bodies, including the adjustments above, was moved by Councillor Brown and seconded by Councillor Knight.

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, as appended to these minutes, be approved.

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 8.

(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 had been circulated at the commencement of the meeting. There were two seats missing from the Labour Group submission, which would be addressed after the necessary adjustments had been made.

The Mayor explained that, in accordance with the PR calculation approved earlier (minute 12 refers), the Green Group had passed a seat on the Licensing Act Committee to one of the independent, non-aligned Members. He asked the Labour Group Administrator to confirm which seat his group wished to pass to the other independent non-aligned Member. Councillor Clifford informed the Mayor that his group would offer up a place on the Audit Committee.

Councillor Scott and Councillor Thynne agreed between themselves that Councillor Scott would take up the place on the Licensing Act Committee and Councillor Thynne would take the place on the Audit Committee.

Councillor Clifford then informed Councils that Councillor Hartley and Councillor Clift would take up the two remaining places on the Licensing Act Committee, to complete the memberships on committees.

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 en bloc.

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, as appended to these minutes, be approved.

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

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.

In relation to the Overview and Scrutiny Committee, Councillor Ashworth was nominated by Councillor Knight and seconded by Councillor Brown. Councillor Goodrich was nominated by Councillor Peter Williamson and seconded by Councillor Guilding.

On being put to the vote 21 Members voted for Councillor Ashworth and 23 for Councillor Goodrich, whereupon the Mayor declared Councillor Goodrich Chairman of the Overview and Scrutiny Committee. 

In relation to the Budget and Performance Panel, Councillor Brookes was nominated by Councillor Hamilton-Cox and seconded by Councillor Peter Williamson. 

There being no further nominations, Councillor Brookes was declared Chairman of the Budget and Performance Panel.

For the Licensing Regulatory Committee, Councillor Joan Jackson was nominated by Councillor Phillippa Williamson and seconded by Councillor Goodrich. Councillor Hartley was nominated by Councillor Clifford and seconded by Councillor Brown.

On being put to the vote 16 Members voted for Councillor Joan Jackson and 36 Members voted for Councillor Hartley. Councillor Hartley was elected Chairman of the Licensing Regulatory Committee. 

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

On being put to the vote 21 Members voted for Councillor Guilding and 30 for Councillor Metcalfe whereupon the Mayor declared Councillor Metcalfe Chairman of Licensing Act Committee. 

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

On being put to the vote there were 15 votes for Councillor Bateson and 34 votes for Councillor Brayshaw, who was then declared appointed to the Chairman of the Planning and Highways Regulatory Committee.

In relation to the Personnel Committee, Councillor Phillippa Williamson was nominated by Councillor Jane Parkinson and seconded by Councillor Guilding. Councillor Kershaw was nominated by Councillor Clifford and seconded by Councillor Brown.

Councillor Phillippa Williamson received 23 votes and Councillor Kershaw received 30 votes. The Mayor declared Councillor Kershaw Chairman of the Personnel Committee.

For the Audit Committee, Councillor Bryning was nominated by Councillor Clifford and seconded by Councillor Brown. Councillor Thomas was nominated by Councillor Phillippa Williamson, seconded by Councillor Guilding. 

On being put to the vote 30 Members voted for Councillor Bryning and 22 voted for Councillor Thomas, whereupon the Mayor declared Councillor Bryning Chairman of the Audit Committee.

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

On being put to the vote 17 Members voted for Councillor Joan Jackson  ...  view the full minutes text for item 15.

To consider the report of the Monitoring Officer

Council considered a report of the Monitoring Officer seeking approval to establish a working group to assist him with the review of the Council’s Constitution, and to consider terms of reference for such a group.

The Monitoring Officer responded to questions about the report.

Councillor Blamire proposed that:

“Recommendations (1) and (2), as set out in the report, be approved.”

Councillor Clifford seconded the proposal, which was clearly carried when put to the vote.

The Group administrators then nominated Councillors to serve on the Constitutional Working Group. The Members nominated were Councillors Burns, Blamire, Hartley and Whitehead for the Labour group; Councillors Edwards, and Mace for the Conservative Group and Councillor Caroline Jackson for the Green group.

A vote was taken and the above nominations were all appointed to the Working Group.

The Mayor called for nominations for Chairman of the Working Group. Councillor Caroline Jackson was nominated by Councillor Phillippa Williamson, seconded by Councillor Brookes. Councillor Clifford, seconded by Councillor Brown, nominated Councillor Whitehead.

There were 23 votes for Councillor Caroline Jackson and 27 votes for Councillor Whitehead, whereupon the Mayor declared Councillor Whitehead appointed Chairman of the Constitutional Working Group.

Resolved:

(1)     That a Constitutional Working Group be established, comprising seven elected members proportionate to the Council’s political balance, being four Labour, two Conservative and one Green Group members.

(2)     That the terms of reference for the Working Group, as set out in Appendix A of the report, and appended to the minutes, be approved.

(3)     That Councillors Burns, Blamire, Edwards, Hartley, Mace, Whitehead and Caroline Jackson be appointed to the Working Group.

(4)     That Councillor Anne Whitehead be appointed Chairman of the Constitutional Working Group.

To consider the report of the Chief Executive

The Chief Executive submitted a report to allow Council to consider its appointments to outside bodies, partnerships and boards.

It was noted that no appointments were to be made to the Court of the University of Lancaster because the University was reviewing its arrangements in that regard. The Lancashire Visitor Economy Forum had been disestablished and removed from the list of outside body appointments.

The Monitoring Officer responded to a question on the report.

There were three vacancies to fill; one on the Domestic Abuse Reduction Group; one on Relate Lancashire, Lancaster District and one on Lancaster Ripley Church of England Education Trust.

Councillor Clifford proposed, seconded by Councillor Brayshaw:

“That the mid-year changes be noted and that the appointments to outside bodies as set out in Appendix 1 of the report, be confirmed, subject to any amendments still to come.”

At this point, Councillor Edwards noted that the CVS had established a new award, to be named the Roger Sherlock award, which would be awarded for the first time in June 2018. The name had been chosen in recognition of former Councillor Roger Sherlock’s dedicated contribution to public service throughout his life. Council noted this fitting tribute.

A vote was taken on the proposition which was clearly carried.

The Mayor called for nominations to the three vacancies, taking the Domestic Abuse Reduction Group first:

Councillor Clifford seconded by Councillor Brown nominated Councillor Cozler to take the place on the Domestic Abuse Reduction Group.

There were no further nominations and Councillor Cozler was appointed.

The Mayor asked for nominations to Relate Lancashire, Lancaster District:

Councillor Caroline Jackson, seconded by Councillor Phillippa Williamson, nominated Councillor Cooper to take the place on the Relate Lancashire, Lancaster District

No further nominations were put forward. Councillor Cooper was appointed.

The Mayor called for nominations to Lancaster Ripley Church of England Education Trust.

Councillor Phillippa Williamson, seconded by Councillor Edwards, nominated Councillor Joan Jackson to take the vacant place on the Trust. Councillor Brown was nominated by Councillor Clifford, seconded by Councillor Metcalfe.

With 22 votes for Councillor Joan Jackson and 31 votes for Councillor Brown, Councillor Brown was appointed to Lancaster Ripley Church of England Education Trust.

The Mayor asked if there were any further changes to be made to representation on outside bodies. Councillor Clifford reported that Councillor Burns had requested to be removed from Heysham Nuclear Power Station Local Community Liaison Council. Councillor Brown was nominated for the vacancy by Councillor Clifford, seconded by Councillor Cozler. There were no further nominations and Councillor Brown was appointed to Heysham Nuclear Power Station Local Community Liaison Council.

Resolved:

(1)          That Council notes the changes that have occurred mid-year and confirms its appointments to outside bodies as set out in the Appendix 1 of the report, subject to the amendments in (2) below. 

(2)          That the following appointments be noted:-

a)     Councillor Cozler to the Domestic Abuse Reduction Group

b)     Councillor Cooper to Relate Lancashire, Lancaster District

c)     Councillor Brown to Lancaster Ripley Church of  ...  view the full minutes text for item 17.

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 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 in early July.

Councillor Goodrich proposed, by way of amendment, that a Conservative Member be named for appointment, in case the Council was invited to appoint both a Labour and a Conservative Member to the Panel.

It was noted that there a proposition had not yet been made to be amended, therefore Councillor Clifford, seconded by Councillor Brayshaw, proposed that the recommendations, as set out in the report, be approved. They both accepted Councillor Goodrich’s suggestion to name a Conservative Councillor, as a friendly amendment to the proposition.

Councillor Hughes was nominated for the vacancy by the Labour Group and Councillor Sykes was named as the Conservative appointment, should there in an invitation to appoint an additional Member to represent Lancaster City Council from the Conservative Group.

Resolved:

(1)          That Council notes that the political balance in Lancashire, following local elections in May 2018, 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 2018/19 to enable the Council to be represented at the next meeting of the Panel on 2 July 2018.

(3)          That, should the City Council also be asked to appoint a Conservative Member, Councillor Sykes be appointed as the Conservative Group Member on the Panel.