Agenda and minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 6 February 2023 (previously circulated). 

The minutes of the meeting held on Tuesday 6 February 2024 were approved as a correct record.

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

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 from the public to speak at the meeting in accordance with Cabinet’s agreed procedure.  Councillor Stubbins had requested to speak as Ward Councillor with regard to Agenda Item 15 Commercial Property Sale.

(Cabinet Member with Special Responsibility Councillor Wood)

Report of the Licensing Manager

(Cabinet Member with Special Responsibility Councillor Wood)

Cabinet received a report from the Licensing Manager that sought Cabinet approval of the recommendation from Licensing Committee to maintain the current table of fares for Hackney Carriages operating in the district for the coming year.

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

Members of Licensing Committee voted unanimously in maintaining the current table of fares for 2024/25 and have referred their recommendation to Cabinet for approval.

In 2022 Cabinet agreed a methodology for fare reviews in relation to hackney carriages operating in the district. The  ...  view the full minutes text for item 73.

(Cabinet Member with Special Responsibility Councillor Wood)

Report of the Licensing Manager

(Cabinet Member with Special Responsibility Councillor Wood)

Cabinet received a report from the Licensing Manager to consider the revised Statement of Licensing Policy for 2023-2028 and refer to Full Council for adoption.

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

Options available to members are.

a) Recommend to Full Council the revised Statement of Licensing Policy as drafted, or

 b) Make further changes to the revised Statement of Licensing Policy, before making recommendations to Full Council for adoption.

The Officer preferred option would be for Cabinet members to recommend the revised Statement of Licensing Policy for 2023-2028 as drafted to Full Council for adoption.

Lancaster City Council must review, update and publish its Statement of Licensing Policy every 5 years. A thorough review has been undertaken and a draft subject to public consultation. The consultation period lasted 6-weeks, 2 responses were received and have been considered by the Councils Licensing Committee. The policy sets out a general approach to how licensing decisions are made; how representations are considered, and conditions imposed, while also acting as a guide for applicants, elected members, responsible authorities, and council officers.

Councillor Wood 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 revised Statement of Licencing Policy be referred to Full Council for adoption.

Officer responsible for effecting the decision:

Chief Officer Governance

Reasons for making the decision:

The Statement of Licensing Policy forms part of the Council’s Policy Framework.  The Council’s Constitution sets out the decision-making process for policy matters, in the instance of the Statement of Licensing Policy (2023-2028) Licensing Committee make recommendations to Cabinet to consider before adoption of the policy by Full Council.

Whilst this report is public, Appendices B1 & B2 are exempt, and notice is hereby given that the meeting is likely to move into private session if it is necessary to refer to the exempt appendix.

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Report of Chief Officer Resources  (report published on 16.2.24)

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Cabinet received a report from the Chief Finance Officer that set out the latest position in respect of the budget and policy framework and Cabinet’s proposed General Fund revenue budget for 2024/25.

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

Revenue Budget

Council may adjust its revenue budget proposals, so long as the overall budget for 2024/25 balances and fits with the proposed Council Tax level.

Other Budget Framework Matters (Reserves and Provisions)

Given known commitments, risks, and Council Tax restrictions there is little flexibility in financial terms, but Council could consider different budget strategies to be appraised for future years, or alternative arrangements for approving the use of various reserves, or different virement and/or carry forward limits. Overall, however, previous arrangements have worked reasonably well, and so no other fundamental changes are proposed.

Section 151 Officer’s Comments and Advice

Council is required to note this formally in the minutes of the meeting; hence it is reflected in the recommendations.

Depending on the nature of any alternative proposals put forward, Officers may need time to assess the risks and implications. This is to ensure that relevant considerations are taken into account, to support informed and lawful decision making.

The officer preferred option with regard to the Revenue Budget 2024/25 and Reserves Position is for Cabinet to agree the recommendations as presented as the proposals to be put forward by Cabinet should fit with any external constraints and the budgetary framework already approved. The recommendations as set out meet these requirements; the detailed supporting budget proposals are then a matter for Members.

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

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

Councillors then voted:-

Resolved unanimously:

That Cabinet recommends the following for approval to Budget Council on 28 February:

(1)             That the General Fund Revenue Budget of £25.008M for 2024/25 be approved, resulting in a Council Tax Requirement of £10.928M, excluding parish precepts, and a Band D basic City Council tax rate of £256.63.

(2)        That the supporting General Fund Revenue Budget proposals be approved, as summarised at Appendices A, B, B1 and B2 to the report.

(3)        That the budget transfer (virements and carry forwards) limits be approved as set out in Appendix D to the report.

(4)        That Council notes the Section 151 Officer’s advice regarding robustness of budget estimates, the adequacy of reserves and balances, specifically the advice that the minimum level of balances be retained at £5.0M, to provide for added uncertainty.

Officer responsible for effecting the decision:

Chief Officer Resources

Reasons for making the decision:

Cabinet has responsibility for developing corporate planning proposals and a balanced budget for Council’s consideration.The proposed budget incorporates measures to address the climate emergency and digital improvements as well as activities to address wellbeing, health, and community safety.  The decision enables Cabinet to make recommendations back to Full Council in order to  ...  view the full minutes text for item 75.

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Report of Chief Officer Resources (report published on 16.2.24)

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Cabinet received a report from the Chief Finance Officer to present Cabinet’s final budget proposals in order that the Council can approve a General Fund Capital Programme for 2023/24 to 2032/33 and a Capital Strategy 2024/25 as required by regulation.

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

Cabinet may put forward alternative proposals or amendments to the proposed Strategy ahead of consideration by Full Council. For capital, Council may adjust its capital investment and financing proposals taking account of spending commitments and priorities, but its proposals for 2024/25 must balance.

Depending on the nature of any alternative proposals put forward, Officers may need time to assess the risks and implications. This is to ensure that relevant considerations are taken into account, to support informed and lawful decision- making.

The officer preferred option is for Cabinet to consider the Capital Programme and Strategy as attached allowing for any amendments being made under delegated authority prior to referral to Council.

This report addresses the actions required to complete the budget setting process for its Capital Programme and Capital Strategy.

 If Cabinet, or Budget Council changes its Capital Programme from that which is proposed in this report then this would require a change in the prudential indicators which are part of the Treasury Management Strategy.

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

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

Councillors then voted:-

Resolved unanimously:

(1)               That Cabinet recommends the following for approval to Budget Council:

·  the updated Capital Programme covering financial years 2023/24 to  2032/33

·   the Capital Strategy (Investing in the Future) 2024/25

(2)               That delegated authority be given to the Portfolio Holder for Finance & Resources to amend change in the prudential indicators should Cabinet or Full Council make any revisions to the Capital Programme.

Officer responsible for effecting the decision:

Chief Officer Resources

Reasons for making the decision:

The Council’s revenue and capital budgets should represent, in financial terms what the Council is seeking to achieve through its Policy Framework. The proposed capital programme and supporting strategy is part of the Council’s budget and policy framework, and fits into the Medium-Term Financial Strategy.

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Report of Chief Officer Resources  (report published on 16.2.24)

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Cabinet received a report from the Chief Finance Officer to present to Cabinet the draft Treasury Management Strategy and associated documents for 2024/25 and to provide an opportunity for consideration and comment ahead of formal presentation to Full Council 28 February 2024 for approval .

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

Cabinet may put forward alternative proposals or amendments to the proposed Strategy ahead of consideration by Full Council, but these would have to be considered in light of legislative, professional, and economic factors, and importantly, any alternative views regarding the Council’s risk appetite. As such no further options analysis is available currently. Furthermore, the Strategy must fit with other aspects of Cabinet’s budget proposals, such as deposit interest estimates and underlying prudential borrowing assumptions, feeding into Prudential and Treasury Management Indicators. There are no options available regarding other components of the overall framework.

The officer preferred option is for Cabinet to approve the framework as attached to the report, allowing for any amendments being made under delegated authority prior to referral to Council.

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

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

Councillors then voted:-

Resolved unanimously:

(1)       That the Treasury Management Strategy 2024/25 and Appendices A to C to the report be forwarded to Full Council for approval.

(2)             That delegated authority be given to the Portfolio Holder for Finance &  Resources to amend change in the prudential indicators should Cabinet or Full Council make any revisions to the Capital Programme.

Officer responsible for effecting the decision:

Chief Officer Resources

Reasons for making the decision:

Treasury Management forms part of the Councils budget framework.  Effective Treasury Management and use of the Councils’ resources is fundamental to the delivery of its priorities and outcomes.

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Report of Chief Officer Resources  (report published on 16.2.24)

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox )

Cabinet received a report from the Chief Finance Officer to provide an update on the Council’s Medium Term Financial Strategy (MTFS) forecasts for 2024/25 to 2028/29.

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

The risks to the Council are contained throughout the report and as the report is for noting, no alternative proposals have been put forward.

The Council continues to face unprecedented levels of financial and economic uncertainty as a result of National and International concerns. Local Government funding remains a key challenge for the Council as well as local issues such as those surrounding decommissioning plans for Heysham power station do hamper the degree of confidence with forecasts can be made and inevitably some key estimates and assumptions are likely to change in the coming months.

Despite the work to date by Officers and Members to deliver on the Council’s OBR programme, a significant budget gap remains which cannot be met from Council reserves. The overall size of the challenge the Council faces in addressing its underlying structural deficit and in formulating a balanced budget over the medium and longer term must be recognised as does the need to deliver considerable future savings.

The Council continues to deliver high-quality frontline services to the District’s residents. Continued focus on the application of Outcomes Based Resourcing principles such as strategic prioritisation, service transformation and continuous improvement will play a significant part in achieving the level of savings required. The Council must, however, recognise that it will face a number of key decisions over the next financial year which will affect the manner in which it delivers its services.

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

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

Councillors then voted:-

Resolved unanimously:

(1)        That Cabinet considers the draft future years budget estimates as set out in the report as the latest information available.

(2)        That the update be referred on to Council 28 February 2024 for information.

Officer responsible for effecting the decision:

Chief Officer Resources

Reasons for making the decision:

Performance, project, and resource monitoring provides a link between the Council Plan and operational achievement, by providing regular updates on the impact of operational initiatives against strategic aims.

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Report of Chief Officer for Housing & Property and the Chief Officer Resources  (report published on 16.2.24)

(Cabinet Member with Special Responsibility Councillor Caroline Jackson)

Cabinet received a report from the Chief Officer for Housing & Property and the Chief Officer Resources (Section 151 Officer) that sought Cabinet decisions on Council Housing rent setting proposals and HRA revenue and capital budget proposals.

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: Approve the budget as laid out in this report and approve the provisions, reserves and balances position (and their use); the revenue budgets and capital programme; as set out and refer onto full Council.

The Tenant Voice group were consulted on 1st February at their bi-monthly meeting, where budget headlines, including the proposed rent increase and significant areas of spend and investment, were presented by the Neighbourhood and Support Services Manager. The Tenant Voice expressed their concern about the impact of the rent increase on tenants but understood and agreed that this was appropriate in order for continued delivery of services and future ambitions. They endorsed the rent setting proposal and other key areas within the budget.

Cabinet have been consulted on the budget and confirmed rent setting proposals and other budgetary matters at 6th February 2024 meeting.

Cabinet agreed that some clarification was required with regard to Mainway with minor revisions to sections in the report to Budget Council to reflect this.

Councillor Caroline Jackson proposed, seconded by Councillor Ainscough:-

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

Councillors then voted:-

Resolved unanimously:

(1)        That the minimum level of HRA unallocated balances be retained at £750,000 from 01 April 2024, as approved at 6th February 2024 Cabinet, and that the full Statement on Reserves and Balances as set out at Appendix E to the report, be endorsed and referred on to Budget Council for approval.

(2)        That further to consideration on 6 February, the Housing Revenue Account budget for 2024/25 onwards, as set out at Appendix A to the report, together with the resulting Capital Programme as set out at Appendix C to the report, be referred on to Budget Council  ...  view the full minutes text for item 79.

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 in private. 

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

“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 has 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 Wood and seconded by Councillor Parr:-

“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.

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Report of Chief Officer Housing & Property  (report published on 14.2.24)

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Cabinet received a report from the Chief Officer Housing & Property with regard to a commercial property sale.  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.

In accordance with the Constitution (Cabinet Procedure Rule 18) Councillor Stubbins had requested to address Cabinet on this issue as Ward Councillor and spoke against the proposal. 

After a lengthy debate the proposal to sell the commercial property was lost and Cabinet agreed not to proceed with the sale at this time.