Agenda and minutes

Cabinet
Tuesday, 21st March 2017 6.00 p.m.

Venue: Morecambe Town Hall

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

Items
No. Item

66.

Minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 14 February 2017 (previously circulated). 

Minutes:

The minutes of the meeting held on Tuesday 14 February 2017 were approved as a correct record.

 

67.

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.

 

68.

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 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. 

 

Minutes:

Councillor Hughes declared an interest with regard to the Property Level Resilience Grants report in his capacity as director of a company providing a key holding service for the Millrace on behalf of a third party. Councillor Hughes confirmed that he would abstain from voting on this item.

 

69.

Public Speaking

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

 

Minutes:

Members were advised that there had been no requests to speak at the meeting in accordance with Cabinet’s agreed procedure.

 

70.

Property Level Resilience Grants, Lune Square and The Millrace pdf icon PDF 220 KB

(Cabinet Member with Special Responsibility Councillor Hanson)

 

Report of Chief Officer (Regeneration & Planning)

Additional documents:

Minutes:

 

(Cabinet Member with Special Responsibility Councillor Hanson)

 

Having previously declared an interest, Councillor Hughes did not participate in the discussions or vote on this item.

 

Cabinet received a report from the Chief Officer (Regeneration & Planning) to approve Property Level Resilience Grant allocations to Lune Square and the Millrace.

 

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

 

 

Option 1: To approve the discretionary grant allocations for these properties

Option 2: Not to approve the discretionary grant allocations for these properties

Advantages

Property resilience put in place.  Future events should not result in residents being displaced. 

No property resilience in place. Residents at risk of being displaced in future events. 

Disadvantages

None

Additional public expenditure may take place to support residents in the event of future flooding. 

Risks

Firstly, scheme could be deemed to be ineligible by DCLG.  Although the guidance is not clear and is open to interpretation, DCLG stress that LA’s have the discretion to apply grants as they see fit.  DCLG have been asked to confirm it has no objections to the proposed course of action and they have re-iterated that LA’s have flexibility to approve community schemes provided it protects the properties of all of the claimants and that we’re satisfied the application meets the eligibility criteria.

 

Secondly, deadline for submitting applications is 31 March 2017 and if a decision is not made at this time there is a risk that we will miss the deadline.

 

 

Reputational damage to the local authority. 

 

Option 1 is the preferred option.   Cabinet are asked to authorise payment in these circumstances to ensure that these vulnerable properties are provided with an appropriate level of property resilience in line with the spirit of the Governments scheme.

 

Councillor Hanson proposed, seconded by Councillor Clifford:-

 

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

 

Councillors then voted:-

 

Resolved:

 

(7 Members (Councillors Blamire, Clifford, Hanson, Leyshon, Leytham, Pattison and Whitehead) voted in favour.  Councillor Hughes, having declared an interest, did not vote.)

 

(1)             That a Property Level Resilience Grant of £96,240 be paid in relation to works to protect Lune Square, to be funded from Government grant.

(2)             That a Property Level Resilience Grant of £104,000 be paid in relation to works to protect The Millrace, to be funded from Government grant.

Officer responsible for effecting the decision:

 

Chief Officer (Regeneration & Planning

 

Reasons for making the decision:

 

The City Council takes an active role in protecting its residents and property from flood risk in line with national flooding policy and its duty to cooperate with the Lead Flood Authority.  The decision will provide future protection for 109 households from flooding events, reducing the risk of any need for rehousing. 

 

 

 

71.

Anti-Social Behaviour, Crime & Policing Act 2014: Fixed Penalty Notice Charges for Non-Compliance with Community Protection Notices pdf icon PDF 250 KB

(Cabinet Members with Special Responsibility Councillors Hughes and Leytham)

 

Report of Chief Officer (Health & Housing)

Additional documents:

Minutes:

(Cabinet Members with Special Responsibility Councillors Hughes and Leytham)

 

Cabinet received a report from the Chief Officer (Health & Housing) to seek decisions for the level at which Fixed Penalty Notice (FPN) charges will be set for failure to comply with Community Protection Notices under the Anti-Social Behaviour, Crime & Policing Act 2014.

 

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

 

 

Option 1: Set FPN at £100 to be paid within 21 days (with no early payment reduction).

Option 2: Set FPN at £100 (with an early repayment reduction to £65 if paid within 14 days)

Option 3: Set FPN at a lower level (to be decided by Cabinet)

Option 4:

No FPN level set.

 

 

Advantages

 

·     Aligned with levels set by the majority of Lancashire councils noted in this report.

 

·     The £100 maximum level of fixed penalty charge would provide the maximum deterrent effect.

 

·     Demonstrates that the council is maximising impact of FPNs.

 

 

 

·      Consistent with Lancaster PSPO & Dog-related FPNs.

 

·     The £100 maximum level of fixed penalty charge would provide the maximum deterrent effect.

 

·      Policy of offering early payment reduction would be aligned with a minority of Lancashire councils.

 

·      Demonstrates that the council is maximising impact of FPNs but offering a less costly option to avoid further action.

 

 

 

·      More people might opt to pay a lower level of penalty rather than risk being prosecuted.

 

 

·    There is no obligation to issue FPNs for breaches of CPNs. Section 52 of ASBCPA 2014 states that an authorised person ‘may’ issue a FPN.

 

 

Disadvantages

 

·     Inconsistent with PSPO & Dog-related FPNs as both offer early payment discount.

 

·     Could result in higher levels of non-payment, substantially increasing the amount and cost of prosecution work.

 

 

 

 

 

 

·     Lower deterrent effect than would be provided by a higher level of charge.

 

·     Inconsistent with both existing PSPO and levels set by other councils in Lancashire.

 

 

 

 

Risks

 

·     Could be perceived as ‘harsh’ compared to the councils identified as having set a lower level or an early payment reduction

 

·     Resources tied up in prosecutions due to non-payment.

 

 

·      Council could be criticised for offering a ‘cheap’ way out of formal action.

 

• Council could be criticised for offering a ‘cheap’ way out of formal action.

 

Completely undermines the purpose of the legislation and would make to issuing of CPNs redundant.

 

The officer recommendation is Option 2 - that the level of charge for Fixed Penalty Notices issued for breach of Community Protection Notices under the Anti-Social Behaviour, Crime & Policing Act 2014 is set at £100 payable within 21 days, and that the amount payable is reduced to £65 if payment is received within 14 calendar days of the date of issue.  This level of charge would provide the greatest deterrent available which complements the approach the council is taking to tackle ASB, whilst retaining an incentive to pay the FPN (and therefore avoid resource intensive court proceedings). 

 

Setting the level of penalty charge for non-compliance with a CPN at the highest level available would:

 

·      Send a  ...  view the full minutes text for item 71.