Agenda and minutes

Cabinet - Tuesday, 4th November 2014 10.00 a.m.

Venue: Lancaster Town Hall

Contact: Liz Bateson, Democratic Services - telephone (01524) 582047 or email  ebateson@lancaster.gov.uk 

Items
No. Item

50.

Minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 7 October 2014 (previously circulated). 

Minutes:

The minutes of the meeting held on Tuesday 7 October 2014 were approved as a correct record.

 

51.

Items of Urgent Business Authorised by the Leader

To consider any such items authorised by the Leader and to consider where in the agenda the item(s) are to be considered. 

Minutes:

The Chairman advised that there were no items of urgent business.

 

52.

Declarations of Interest

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 10 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. 

 

Minutes:

No declarations were made at this point.

                     

53.

Public Speaking

To consider any such requests received in accordance with the approved procedure. 

 

Minutes:

Members were advised that there had been a request to speak at the meeting from a member of the public in accordance with Cabinet’s agreed procedure, as set out in Cabinet Procedure Rule 2.7, with regard to the Dukes - Lease Renewal and the Dukes – Review of Service Level Agreement (Minutes 56 & 57 refer).

 

Councillor Blamire declared an interest at this point in her capacity as a member of the Board of the Dukes, and indicated that she would not chair, speak or vote on these items.

 

Councillor Hanson, the Vice-Chairman took the chair.

 

Ivan Wadeson, Executive Director of the Dukes, accompanied by Sian Johnson, Chair of the Board at the Dukes, addressed the meeting and responded to questions from members.

Councillor Blamire took the Chair

54.

Urgent Business Report pdf icon PDF 86 KB

(Cabinet Member with Special Responsibility Councillor Blamire)

 

Report of Chief Officer (Governance)

Minutes:

(Cabinet Member with Special Responsibility Councillor Blamire)

 

Cabinet received a report from the Chief Officer (Governance) to advise members of actions taken by the Chief Executive, in consultation with the relevant Cabinet Members.

 

Councillor Leytham proposed, seconded by Councillor Blamire:-

 

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

 

Councillors then voted:-

 

Resolved unanimously:

(1)          That the actions taken by the Chief Executive, in consultation with therelevant Cabinet Members in accordance with the Scheme of Delegation, in respect of the following, be noted:-

FUNDING BID TO DCLG FOR TRANSFORMATION CHALLENGE AWARD

(1)          That the Chief Executive under urgent business agrees to Lancaster City Council submitting an application to DCLG Transformation Challenge Award subject to there being no additional cost implications for the city council.

(2)          That should the bid be successful, acceptance of the funding is delegated to Chief Officer (Resources) subject to due diligence being completed.

(3)          That the General Fund Revenue Budget is updated accordingly, split across relevant financial years as appropriate.

(4)          That consultation is undertaken with a view to waiving call in, in accordance with Overview and Scrutiny procedure rule17, to enable the decision to be implemented immediately.

Officer responsible for effecting the decision:

 

Chief Officer (Governance)

 

Reasons for making the decision:

 

The decision fulfils the requirements of the City Council’s Constitution in advising Cabinet of urgent decisions taken by the Chief Executive in accordance with the City Council’s Scheme of Delegation.

Councillor Hanson took the Chair at this point, as Councillor Blamire had declared an interest in the following items.

55.

Exclusion of the Press and Public

This is to give further notice in accordance with Part 2, paragraph 5 (4) and 5 (5) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 of the intention to take the following item(s) in private. 

 

Cabinet is recommended to pass the following recommendation in relation to the following item(s):- 

 

“That, in accordance with Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following item(s) of business, on the grounds that they could involve the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.” 

 

Members are reminded that, whilst the following item(s) have been marked as exempt, it is for Cabinet itself to decide whether or not to consider each of them in private or in public.  In making the decision, Members should consider the relevant paragraph of Schedule 12A of the Local Government Act 1972, and also whether the public interest in maintaining the exemption outweighs the public interest in disclosing the information.  In considering their discretion Members should also be mindful of the advice of Council Officers. 

Minutes:

It was moved by Councillor David Smith and seconded by Councillor Sands:-

 

“That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.”

 

Members then voted as follows:-

 

Resolved unanimously:

 

(1)        That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act. 

 

 

 

56.

The Dukes, Lancaster - Lease Renewal

(Cabinet Member with Special Responsibility Responsibility Councillor Hamilton-Cox)

 

Report of Chief Officer (Resources)

Minutes:

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

 

Cabinet received a report from the Chief Officer (Resources) to provide an update on the proposed details for the lease renewal for the Dukes.  The report was exempt from publication by virtue of paragraph 3, of Schedule 12A of the Local Government Act 1972.

 

The exempt report was for information only and therefore no options were presented for Cabinet’s consideration.

 

Councillor David Smith proposed, seconded by Councillor Sands:-

 

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

 

Councillors then voted:-

 

Resolved:

 

(7 Members (Councillors Barry, Bryning, Hamilton-Cox, Hanson, Leytham, Sands and David Smith) voted in favour.  Councillor Blamire had declared an interest in this item and did not participate in the discussions or vote.)

 

(1)  That Cabinet notes the content of the report and that further progress and any outcome of this matter be presented during the 2015/16 budget process.

 

Officer responsible for effecting the decision:

 

Chief Officer (Resources)

 

Reasons for making the decision:

 

The arts is identified in the City Council’s Corporate Plan as a contributor to achieving the City Council’s priority of Sustainable Economic Growth.  Cabinet notes that The Dukes presented a new draft business plan and 5 year financial plan to Arts Council England in October 2014 and this will be shared with officers and members in early December once feedback has been received from the Arts Council England and it has been given approval by the Dukes’ Board of Directors.

 

57.

The Dukes, Lancaster – Review of Service Level Agreement

(Cabinet Member with Special Responsibility Councillor Sands)

 

Report of Chief Officer (Resources)

Minutes:

(Cabinet Member with Special Responsibility Councillor Sands)

 

Cabinet received a report from the Chief Officer (Resources) which provided an update on the existing Service Level Agreement in the context of potential new lease and rent arrangements. The report was exempt from publication by virtue of paragraph 3, of Schedule 12A of the Local Government Act 1972.

 

The report was for information only and therefore no options were presented in the exempt report for Cabinet’s consideration.

 

Councillor Barry proposed, seconded by Councillor Sands:-

 

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

 

Councillors then voted:-

 

Resolved:

 

(7 Members (Councillors Barry, Bryning, Hamilton-Cox, Hanson, Leytham, Sands and David Smith) voted in favour.  Councillor Blamire had declared an interest in this item and did not participate in the discussions or vote.)

 

(1)  That Cabinet notes the content of the report and that further information is considered in due course as part of the 2015/16 budget process.

 

Officers responsible for effecting the decision:

 

Chief Officer (Regeneration & Planning)

Chief Officer (Resources)

 

Reasons for making the decision:

 

The arts is identified in the City Council’s Corporate Plan as a contributor to achieving the City Council’s priority of Sustainable Economic Growth.  Cabinet notes that The Dukes presented a new draft business plan and 5 year financial plan to Arts Council England in October 2014 and this will be shared with officers and members in early December once feedback has been received from the Arts Council England and it has been given approval by the Dukes’ Board of Directors.