Agenda and minutes

In the absence of the Leader, the Deputy Leader took the Chair

The Chair invited the Chief Executive to provide a brief update on the current Covid situation within the district as this was still proving to be a significant issue. It was noted that statistics needed to be treated with caution with fewer people testing and reporting test results.  Health protection officers were now looking at wider protection control and the meeting were advised of the creative steps that were being taken to help reduce health inequalities and promote healthy behaviour.

To receive as a correct record the minutes of Cabinet held on Tuesday, 1 March 2022 (previously circulated). 

The minutes of the meeting held on Tuesday 1^st March 2022 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 to speak at the meeting in accordance with Cabinet’s agreed procedure.

At this point, with the agreement of the meeting, the Chair suspended standing orders (Rule 18) to enable other members present to participate in the meeting.

(Cabinet Member with Special Responsibility Councillor Brookes)

Referral report from the Licensing Committee.  The report was marked ‘to follow’ when the agenda was published on 1 April 2022 and was published on 11 April 2022.

(Cabinet Member with Special Responsibility Councillor Brookes)

Cabinet received a report from the Licensing Committee to approve the recommendations agreed by the Licensing Committee on 7 April 2022 regarding setting a new Hackney Carriage Fare Tariff.  Consideration of the Hackney Carriage Fare Review had been deferred from February’s Cabinet (Minute 75 refers) to allow for a consultation exercise with hackney carriage drivers before the item was reconsidered by the Licensing Committee and referred to Cabinet for endorsement.

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

Members of Licensing Committee considered the 4 tariff options, the advantages, disadvantages and risks associated with each both in terms of public perception and how it would affect the licensed trade at a time of increased fuel costs and rising cost of living. Members considered the consultation responses and preferred tariff of the licensed trade and recommended that option 2 was approved as the Hackney Carriage Fare Tariff for the year, along with commitment to an annual review of the tariff by way of application of retail price index (RPI) to both flag fall and rolling rate, rounding down figures to the nearest 5p.

Future reviews should be considered by the taxi working party before any amended tariff was presented to Licensing Committee. This would allow for consultation with representatives of the  ...  view the full minutes text for item 101.

(Cabinet Member with Special Responsibility Councillor Dowding)

Report of Director of Economic Growth & Regeneration

(Cabinet Member with Special Responsibility Councillor Dowding)

Cabinet received a report from the Director for Economic Growth & Regeneration the purpose of which was for Members to consider the draft Flood Risk and Sustainable Drainage Supplementary Planning Document, the draft Flood Risk – Sequential Test and Exception Test Supplementary Planning Document and the draft Provision of Electric Vehicles Charging Infrastructure Supplementary Planning Document and seek authorisation for the Service Manager – Planning and Housing Strategy to proceed with informal and statutory consultation.

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 - Progress the draft SPDs through informal and statutorily defined consultation process to ensure that if adopted it can be given weight in decision making.

Councillor Dowding proposed, seconded by Councillor Lewis:-

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

Councillors then voted:-

Resolved unanimously:

(1)        That Cabinet approve the draft SPDs and delegate authority to the Service Manager – Planning and Housing Strategy to advance the draft SPDs through informal and statutory defined consultation processes.

(2)        That the SPDs will then be adopted unless the consultation results in any significant changes, in which case the amended SPD will be reported back to Cabinet for final endorsement.

Officer responsible for effecting the decision:

Director for Economic Growth & Regeneration

Reasons for making the decision:

The Corporate Plan and Priorities (January 2022) includes a priority to create a sustainable district by taking action to meet the challenges of the climate emergency and transitioning to a low carbon transport system and to provide for healthy and happy Communities by supporting wellbeing. The CERLP includes policies which seek to address flood risk and provide for electric vehicle charging infrastructure. The draft SPDs will support the implementation of policies within the CERLP.

(Cabinet Member with Special Responsibility Councillor Whitehead)

Report of Head of Shared Service  (report published on 6.4.22)

(Cabinet Member with Special Responsibility Councillor Whitehead)

Cabinet received a report from the Head of Shared Services that sought approval to implement a Council Tax Energy Rebate Scheme, following the recent introduction by Government of a package of support measures to offer help with rising energy bills, worth £9.1b nationally in 2022/23. The Council is tasked with implementing both a statutory and discretionary rebate as part of the new scheme, following the latest Government guidance and details of the Discretionary Energy Rebate Scheme and how it will work in practice can be found under Appendix A to the report.

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

In response to the energy crisis the Government has allocated funds to local Councils to support households financially in the form of Council Tax Energy Rebates awarded to those that meet the statutory criteria. At the same time the Government has allocated funds to local Councils to determine a discretionary scheme in support those households that don’t necessarily meet the statutory criterial, or to provide a top-up in existing statutory support.

Option 1 – Agree to the proposal as recommended

The Council Tax Energy Rebate scheme sets out a formal approach to awarding relief and follows government guidance to determine eligibility under both the statutory and discretionary schemes. The approach adopted seeks to maximise use of funds to support the most vulnerable households in an open and equitable way given the limited funds available.

Option 2 – Refuse to access government funds on behalf of vulnerable households

Whilst the statutory scheme would be administered as instructed the Council would not access the Discretionary Fund and no relief would be awarded under that scheme. Subsequently, vulnerable households that do not meet the statutory scheme criteria would not receive much needed support towards their energy bills.

It is recommended that Option 1 be approved. The scheme enables a formal approach to eligibility, with criteria in line with Council priorities, offering financial support in the form of an energy rebate to those households that are considered vulnerable in relation to the rise in energy costs.

Councillor Whitehead proposed, seconded by Councillor Heath:-

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

Councillors then voted:-

Resolved unanimously:

(1)       That Cabinet approves the Council Tax Energy Rebate Scheme, including the discretionary scheme principles as set out under Appendix A to the report; and

(2)       That Cabinet authorises the S151 Officer to make final amendments to the scheme to accommodate evolving guidance and any technical issues in relation to the scheme and to make all other necessary arrangements for its implementation with immediate effect.

Officers responsible for effecting the decision:

Director of Corporate Services

Reasons for making the decision:

The scheme principles are in line with Council priorities, with the fund:

· supporting households at a difficult time as they struggle to pay energy bills

· helping to build a sustainable and just local economy for residents  ...  view the full minutes text for item 103.

(Cabinet Member with Special Responsibility Councillor Heath)

Report of Director for Economic Growth & Regeneration

(Cabinet Member with Special Responsibility Councillor Heath)

Cabinet received a report from the Director for Economic Growth & Regeneration that proposed that Cabinet form an Advisory Group to engage with stakeholders and partners to consider future regeneration and economic development work in Morecambe Town Centre and the adjoining neighbourhoods.

To assist the council to achieve the 2030 Priorities it is proposed to establish an advisory group to take a consultative and non-decision making role to consider how the council and local partners can help shape, influence and inform regeneration and economic development work in Morecambe Town Centre and the adjoining neighbourhoods.  Membership of the group is at the discretion of the Chair and will be established as part of the group’s formation; it is envisaged that membership will include a mix of elected members, partners, stakeholder businesses and other cross-sector partners.

Councillor Heath proposed, seconded by Councillor Dowding:-

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

Councillors then voted:-

Resolved unanimously:

(1)             That Cabinet establishes a Morecambe Vision Advisory Group.

(2)             That the Advisory Group be established based on the Terms of Reference proposed in Appendix A to the report, recognising that the Advisory Group itself will have a role in shaping its specific activities.

Officer responsible for effecting the decision:

Director for Economic Growth & Regeneration

Reasons for making the decision:

The proposal is entirely consistent with and supports Lancaster City Council’s policy. It contributes to the Plan 2030 Priorities for an inclusive and prosperous local economy and a cooperative, kind and responsible council. The proposal makes a strong contribution to the strategic objective of Community Wealth Building – building a sustainable and just local economy that benefits people and organisations.

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Report of Director of Economic Growth & Regeneration (report published on 6.4.22)

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox )

Cabinet received a report from the Director for Economic Growth & Regeneration that sought authority for the Chief Executive to accept construction tenders for the insured reinstatement works following damage from a fire within tenanted units at the city council’s property at Gateway, Southgate, Morecambe.

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 Hamilton-Cox proposed, seconded by Councillor Whitehead:-

“That recommendations (1) & (2), as set out in the report, be approved with a revised recommendation (3): “the mechanism for contractor payments direct from the insurance company and handling of VAT is noted;” and an additional recommendation (4): “the cost of any residual financial risk arising from progression of insured works is approved in line with constitutional requirements .”

Councillors then voted:-

Resolved unanimously:

(1)        That Officers tender the insured reinstatement works via the Chest procurement portal.

(2)        That authority to accept the preferred tender and contract the works is delegated to the Chief Executive.

(3)        That the mechanism for contractor payments direct from the insurance company and handling of VAT is noted.

(4)        That the cost of any residual financial risk arising from progression of insured works is approved in line with constitutional requirements .

Officer responsible for effecting the decision:

Director for Economic Growth & Regeneration

Reasons for making the decision:

Lancaster City Council is the contracting body for the repair works on this occasion. While insurance is covering the repair costs, the city council needs to abide by its Contract Procedure Rules, initiate a formal / compliant tender process, and secure an appointment for the reinstatement contract value.  The decision is consistent with prudent management of the City Council’s commercial property portfolio.