Agenda and minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 3 September 2019 (previously circulated). 

The minutes of the meeting held on Tuesday 3 September 2019 were approved as a correct record.

The Chairman advised the meeting that the proposed item of urgent business with regard to establishing a Local Plan Review Advisory Group had been withdrawn.

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

Councillors 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, Councillors 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, Councillors 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. 

No declarations were made at this point.      

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

At this point the Chair moved that standing order 17 (Cabinet Procedure Rule 17) be suspended to allow for questions to be taken from all members as the reports were introduced.  The proposal was seconded by Councillor Whitehead and unanimously agreed.

Resolved unanimously:

(1)          That standing order 17 (Cabinet Procedure Rule 17) be suspended.

(Cabinet Member with Special Responsibility Councillor Whitehead)

Report of Director of Corporate Services  

(Cabinet Member with Special Responsibility Councillor Whitehead)

Cabinet received a report from the Director of Corporate Services to consider and approve an updated Reserves Strategy and Action Plan.

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

The officer preferred option is Option 1.  This option is designed to clarify how reserves are managed and utilised in order to balance the delivery of council priorities with securing financial resilience.

In accordance with Part 3 Section 5 Paragraph 2(d) of the Constitution, the Overview and Scrutiny Committee or the Budget and Performance Panel would have the opportunity to comment on the proposals prior to the revised Reserves Strategy being considered at full Council.

Councillor Whitehead proposed, seconded by Councillor Parr:-

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

Councillors then voted:-

Resolved unanimously:

(1)             That the revised Reserves Strategy and Action Plan set out in Appendices One and Two be approved.

(2)             That full Council amend the Budget & Policy Framework to incorporate the amendment to the Reserves Strategy.

Officer responsible for effecting the decision:

Director of Corporate Services

Reasons for making the decision:

The report and appendices provide an update to the Council’s Reserves Strategy to clarify how reserves are managed and utilised in order to balance the delivery of council priorities with securing financial resilience. Any decision to amend the Budget Framework is a function of full Council.  Overview and Scrutiny/Budget & Performance will be consulted on the proposals in accordance with the Constitution prior to their submission to full Council.

(Cabinet Members with Special Responsibility Councillors Hamilton-Cox and Hanson)

Report of Director of Corporate Services

(Cabinet Members with Special Responsibility Councillors Hanson & Hamilton Cox)

Cabinet received a report from the Director of Corporate Services to consider and approve the Council’s Digital Strategy.

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

The officer preferred option is Option 1. 

Councillor Hanson proposed, seconded by Councillor Hamilton-Cox:-

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

Councillors then voted:-

Resolved unanimously:

(1)             That the Digital Strategy as set out in the report and Appendix 1, appended to the minutes, be approved.

(2)             That Cabinet pre-approve the principle of funding for infrastructure works in Dalton Square, the establishment of a mechanism for delivering a full fibre network to the Lancaster district and the establishment of a collaborative workspace in Lancaster subject to reserves and capital funding bids being made in accordance with the budget framework.

Officer responsible for effecting the decision:

Director for Corporate Services

Reasons for making the decision:

The Digital Strategy underpins all of the Council’s Ambitions via the delivery of excellent digital infrastructure, partnership and change plans.  The strategy sets out an ambition to work towards a smart district utilising technology to become a clean, green and healthy district that benefits all residents and businesses.

(Cabinet Member with Special Responsibility Councillor Brookes)

Report of Director for Communities and the Environment

(Cabinet Member with Special Responsibility Councillor Brookes)

Cabinet received a report from the Director for Communities and the Environment to consider introducing a new fare tariff in relation to licensed hackney carriages operating in the Lancaster district.  At a meeting on 29 August 2019 the Licensing Committee had, in its capacity as an advisory committee recommended Cabinet’s approval of the new tariffs.

The options, options analysis, including risk assessment and officer preferred option, were set out in a report to the Licensing Committee, appended to the agenda, as follows:

The Officer preferred option is Option 3 to apply an increase of 20p to the initial flag fall.  Applying the tariff increase would seem appropriate so as to help ensure that hackney carriage proprietors receive a reasonable increase in fare income.  The increase reflects necessary and proportionate adjustments, given that there were no increases in fares last year (2018) and the increase in the previous year was marginal, based on the annual RPI.  Any concerns from members of the public will be addressed through the consultation process by placing a notice in the local press proposing the revised tariff.  An amended table of fares, that reflected option 3, was appended to the agenda as Appendix 3.

It was reported that there was an error in Appendix 3 and that the tariff 3 should read £5.20 and not £5.00 and this would be amended prior to going out to consultation.

Councillor Brookes proposed, seconded by Councillor Parr:-

“That the recommendations, as set out in the report subject to the amendment to tariff 3 in Appendix 3, as set out above, be approved.”

Councillors then voted:-

Resolved unanimously:

(1)          That the new table of fares as recommended by Licensing Committee on 29 August 2019 be approved subject to a revision to Tariff 3, Appendix 3 to read £5.20  and not £5.00.

(2)          That the Licensing Manager be authorised to advertise the new table of fares as required by legislation.

Officer responsible for effecting the decision:

Corporate Director for Communities and the Environment

Reasons for making  ...  view the full minutes text for item 28.

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. 

It was moved by Councillor Lewis and seconded by Councillor Reynolds:-

“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 paragraphs 1 and 2 of Schedule 12A of that Act. 

(Cabinet Members with Special Responsibility Councillors Lewis and Hamilton-Cox)

Report of Chief Executive

(Cabinet Members with Special Responsibility Councillors Lewis and Hamilton-Cox)

Cabinet received a report from the Chief Executive to progress arrangements with Eden Projects International Ltd. The report was exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act, 1972.

The options, options analysis, including risk assessment and officer preferred option, were set out in the exempt report.

It was proposed by Councillor Hamilton-Cox, seconded by Councillor Lewis and resolved unanimously:-

Resolved unanimously:

(1)          The resolution is set out in a minute exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act 1972.

Officer responsible for effecting the decision:

Chief Executive

Reasons for making the decision:

Eden Project North provides an opportunity to deliver considerable social and economic benefits for Morecambe and the wider area and the decision is consistent with the Council’s Economic development intentions.  Advice will be taken from the Council’s specialist legal advisors to ensure state aid and procurement rules are adhered to as well as seeking assistance in the negotiation and drafting of key legal documents that will comply with the law and fully protect the Council’s position.

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Report of Corporate Director for Economic Growth and Regeneration)

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Cabinet received a report from the Interim Regeneration Manager to consider the disposal of a short-term stay surface car park for redevelopment.

The options, options analysis, including risk assessment and officer preferred option were set out in a report exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act 1972.

Councillor Hamilton-Cox proposed, seconded by Councillor Parr:-

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

Councillors then voted:-

Resolved unanimously:

(1)          The resolution is set out in a minute exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act 1972.

Officer responsible for effecting the decision:

Director for Economic Growth and Regeneration

Reasons for making the decision:

The decision is consistent with all of the Council’s four priorities in the Council Plan.  Exactly how the decision fitted with those priorities was set out in the exempt report.