Agenda and minutes

Apologies for absence were received from Councillors Mel Guilding, Abi Mills and Paul Woodruff.

To receive as a correct record the Minutes of the Meeting of the City Council held on 15 April 2015 (previously circulated). 

The minutes of the meeting held on 15 April 2015 were signed by the Mayor as a correct record.

Councillor Ashworth declared a personal interest in respect of the report on Appointments to Outside Bodies, Partnerships and Boards in view of her membership of the Board of the North Lancashire Citizens Advice Bureau and the Morecambe Bay Partnership (minute 14 refers).

There were no formal announcements, however the Mayor thanked all Councillors who had attended the Mayor making ceremony on 22 May and the Mayor’s Sunday Service at The Priory Church of St Mary on Sunday 24 May.

To consider the report of the Returning Officer setting out the results of the City Council elections held on 7 May 2015.

Council noted the report of the Returning Officer setting out the results of the City Council Elections held on 7 May 2015.

To consider the report of the Chief Executive, setting out the seniority of Members of the City Council.

The Chief Executive submitted a report which set out the Seniority of Members on the City Council, following the draw made by the Mayor on 13 May 2015.  Council noted the report.

To receive the report of the Chief Executive setting out the Political Groups constituted in accordance with the Regulation of the Local Government (Committees and Political Groups) Regulations 1990.

Members noted the report of the Chief Executive setting out the Political Groups constituted in accordance with Regulation 8 of the Local Government (Committees and Political Groups) Regulations 1990.

To consider the report of the Chief Executive.

The Chief Executive presented a report which set out the calculation in accordance with the provisions of Section 15 of the Local Government and Housing Act 1989 and Part 4 of the Local Government (Committees and Political Groups) Regulations 1990, which had been carried out following the protocol previously agreed by Council.

The Chief Officer (Governance) responded to questions from Councillors.

Councillor Brookes, seconded by Councillor Newman-Thompson, proposed:

“(1)   That the constitution of the Licensing Act Committee, which is not required to be subject to the political balance requirements of the Local Government and Housing Act 1989, be confirmed as currently established.

(2)        That in undertaking the PR calculations on the Council’s Committees the Council’s agreed protocol be confirmed, utilising the following groupings:

·             Overview and Scrutiny (2 x 9)

·             Regulatory and timetabled Committees of Council (2 x 15 (Planning and Highways Regulatory Committee and Licensing Act Committee), 1 x 9 (Licensing Regulatory) and 2 x 7 (Personnel and Audit)

·             Remaining Standing and Joint Committees to be calculated separately and individually.

(3)     That pursuant to Section 15 of the Local Government and Housing Act, 1989, the City Council allocates the seats on Overview & Scrutiny, Regulatory, Standing and Joint Committees in accordance with the calculations set out in paragraph 5 of the report.

(4)     That Council notes that the allocation of seats referred to in (4) above is subject to review from time to time in accordance with Section 15 of the Local Government and Housing Act, 1989 and Part 4 of the Local Government (Committees and Political Groups) Regulations, 1990.”

Councillor Peter Williamson, seconded by Councillor Mace, proposed an amendment:

“That recommendations 2 and 3 on page 17 of the agenda be amended as necessary to require that in undertaking the PR calculations on the Council's Committees, the Overview and Scrutiny Committee and the Budget and Performance Panel be calculated separately and individually to produce the result for each as is set out in paragraph 5.2.1 of the report.”

Debate on the amendment followed, after which Councillor Peter Williamson requested a recorded vote in accordance with Council Procedure Rule 19.4.

The votes were recorded as follows:-

For the amendment: Councillors Bateson, Charles, Cooper, Edwards, Gardiner, Goodrich, Helme, Joan Jackson, Leadbetter, Mace, Parkinson, Rogerson, Sykes, Thomas, Wild, Peter Williamson, Phillippa Williamson and Yates. (18)

Against the amendment: Councillors Armstrong, Ashworth, Atkinson, Barry, Biddulph, Blamire, Brayshaw, Brookes, Brown, Bryning, Clifford, Cozler, Denwood, Devey, Hall, Hamilton-Cox, Hanson, Hartley, Hughes, Caroline Jackson, Kay, Kershaw, Knight, Leyshon, Leytham, Mann, Metcalfe, Novell, Newman-Thompson, Pattison, Redfern, Sands, Scott, Sherlock, Smith, Warriner, Whitaker, Whitehead and Wilkinson. (39)

With 18 voting for the amendment and 39 voting against, the amendment was lost.

At this point the Labour Group informed the Mayor that it would withdraw from the draw to resolve the three way tie between the Labour, Conservative and Green Groups for the last two places on the Overview and Scrutiny (O&S) PR grouping of committees, allowing the final two places to go to the Conservative and  ...  view the full minutes text for item 16.

To consider the report of the Monitoring Officer.

Council considered a report of the Monitoring Officer regarding the executive arrangements within the Constitution following amendments to the Local Government Act 2000. Council was asked to consider whether it wished to maintain the four year term of office for the Leader, or to revert to annual appointment, before appointing the Leader.

Councillor Metcalfe proposed, seconded by Councillor Clifford:

“That the four year term of office for the Leader be maintained.”

Councillor Hamilton-Cox proposed an amendment:

“That Council revert to annual appointment of the Leader.”

Councillor Brookes seconded the amendment.

There was a short debate on the amendment before a vote was taken and the amendment was lost. Council then voted on the original proposition, which was clearly carried.

Councillor Brookes, seconded by Councillor Newman-Thompson, proposed recommendation two, as set out in the report. The proposition was taken to the vote and clearly carried.

The Mayor then asked for nominations for Leader of the Council for the municipal years 2015/16-2018/19. Councillor Leyshon nominated Councillor Blamire and Councillor Whitaker seconded the nomination. There were no further nominations and Councillor Blamire was appointed Leader of the Council.

Resolved:

(1)          That the four year term of office for the Leader be maintained.

(2)          That the Monitoring Officer be authorised to amend Article 7 and Council Procedure Rule 1.1 as set out in the report, to ensure that the Council’s Constitution complies with the requirements of Section 9l and 9lA of the Local Government Act 2000 as amended.

(3)          That Councillor Blamire be appointed Leader of the Council for the municipal years 2015/16-2018/19.

To consider the report of the Monitoring Officer

The Leader presented her report on the delegation of executive functions, in accordance with Rule 1.2 of the Cabinet Procedure Rules.

The Leader then presented to Council the names of the Members appointed to Cabinet: Councillors Bryning, Clifford, Hanson, Leytham, Newman-Thompson, Pattison and Smith. Councillor Hanson was appointed Deputy Leader.  The Leader informed Council that further details of Cabinet Members’ individual portfolios would follow.

It was proposed by Councillor Newman-Thompson and seconded by Councillor Whitaker that the report and appointments be noted. There was no debate and the proposition was clearly carried.

Resolved:

(1)          That the report be noted and the current Scheme of Delegation to Officers be confirmed.

(2)          That the appointment of Councillors Bryning, Clifford, Hanson, Leytham, Newman-Thompson, Pattison and Smith as Cabinet Members be noted.

(3)          That the appointment of Councillor Hanson as Deputy Leader be noted. 

To receive nominations and appoint Members to serve on each of the following Overview and Scrutiny bodies in accordance with the political balance arrangements agreed at Item 9. 

In accordance with the Council’s Constitution, Part 3, Sections 12 and 13, only non-Cabinet Members are entitled to vote on this item.

(a)        Overview and Scrutiny Committee (9)

(b)        Budget and Performance Panel (9)

A list of Members nominated by the Labour, Conservative and Independent groups for appointment to the Council’s Overview and Scrutiny bodies, in line with the allocation of seats agreed at minute number 8, had been circulated at the commencement of the meeting.

The Green Group gave its nominations at the meeting and other Groups were given the opportunity to put forward any further changes.

The Mayor reminded Members that in accordance with the Council’s Constitution Part 3, Sections 12 and 13, only non-Cabinet members were entitled to vote on this item.

Acceptance of the nominations put forward by the groups for appointment to the Overview and Scrutiny bodies was moved by Councillor Knight and seconded by Councillor Kay.

On being put to the vote the Mayor declared the proposition clearly carried. It was noted that Councillor Pattison, who had been listed as a Labour Group substitute for the Budget and Performance Panel, would not be eligible for this role, since she had been appointed to Cabinet.

Resolved:

That the nominations put forward by the groups for appointment to the Overview and Scrutiny bodies for 2015/16 be approved as set out in the Appendix to these minutes.

To receive nominations and appoint Members to serve on the under-mentioned Committees and the Appraisal Panel in accordance with the political balance arrangements agreed at Item 9.

(a)        Licensing Regulatory Committee (9)

(b)        Licensing Act Committee (15)

(c)        Planning and Highways Regulatory Committee (15)

(d)        Personnel Committee (7)

(e)        Appeals Committee (7)

(f)          Audit Committee (7)

(g)        Standards Committee (7) 

(h)        Council Business Committee (7)

(i)         Appraisal Panel (7)

A list of Members nominated by the Labour, Conservative and Independent groups for appointment to the Council’s Committees and the Appraisal Panel, in accordance with the allocation of seats as agreed at minute number 8, had been circulated at the commencement of the meeting.

The Green Group gave its nominations at the meeting and other Groups were given the opportunity to put forward any further changes.

Council noted that the PR calculation required the Labour Group to pass one seat from the Regulatory and Standing Committees of Council Grouping to Councillor Woodruff and the Labour Group chose to give up one of its places on the Licensing Act Committee.

It was moved by Councillor Knight and seconded by Councillor Kay that the nominations put forward by the groups for appointments to Committees and the Appraisal Panel be accepted.

On being put to the vote, the Mayor declared the proposition clearly carried.

Resolved:

That the nominations put forward by the groups for appointments to Committees of Council and the Appraisal Panel be approved as set out in the Appendix to these minutes.

To receive nominations and appoint a Chairman to each of the under-mentioned bodies noting that, in accordance with the Council’s Constitution, Part 3, Sections 11 and 12, only non-Cabinet Members are entitled to vote on (a) and (b) below:

(a)       Overview and Scrutiny Committee - shall not be a member of the largest political group represented on Cabinet

(b)       Budget and Performance Panel - shall not be a member of the largest political group represented on Cabinet.

(c)       Licensing Regulatory Committee

(d)       Licensing Act Committee

(e)       Planning and Highways Regulatory Committee

(f)        Personnel Committee

(g)       Appeals Committee

(h)       Audit Committee – shall not be a member of Cabinet or Overview and Scrutiny.

(i)        Council Business Committee

The Mayor requested nominations for a Chairman for the Overview and Scrutiny bodies and for each of the Council’s Regulatory and Standing Committees. 

The Mayor again reminded Members that in accordance with the Council’s Constitution only non-Cabinet Members were entitled to vote on the Chairmen proposed for the Overview and Scrutiny Committee and Budget and Performance Panel.

In relation to the Overview and Scrutiny Committee, Councillor Goodrich was nominated by Councillor Peter Williamson and seconded by Councillor Sykes and  Councillor Ashworth was nominated by Councillor Whitaker and seconded by Councillor Knight.

On being put to the vote 25 Members voted for Councillor Goodrich and 24 for Councillor Ashworth, whereupon the Mayor declared Councillor Goodrich Chairman of the Overview and Scrutiny Committee. 

In relation to the Budget and Performance Panel, Councillor Brookes was nominated by Councillor Hamilton-Cox and seconded by Councillor Kay. 

There being no further nominations, Councillor Brookes was declared Chairman of the Budget and Performance Panel.

In relation to the Licensing Regulatory Committee, Councillor Pattison was nominated by Councillor Metcalfe and seconded by Councillor Clifford, Councillor Hamilton-Cox was nominated by Councillor Brookes and seconded by Councillor Novell and Councillor Gardiner was nominated by Councillor Peter Williamson and seconded by Councillor Sykes.

On being put to the vote 31 Members voted for Councillor Pattison. This being a majority of those present, the Mayor declared Councillor Pattison Chairman of the Licensing Regulatory Committee.

In relation to the Licensing Act Committee, Councillor Metcalfe was nominated by Councillor Brayshaw and seconded by Councillor Brown and Councillor Edwards was nominated by Councillor Peter Williamson and seconded by Councillor Sykes. 

On being put to the vote a majority of 31 Members voted for Councillor Metcalfe, whereupon the Mayor declared Councillor Metcalfe Chairman of Licensing Act Committee. 

In relation to the Planning and Highways Regulatory Committee, Councillor Sherlock was nominated by Councillor Leyshon and seconded by Councillor Metcalfe and  Councillor Helme was nominated by Councillor Peter Williamson and seconded by Councillor Charles. 

On being put to the vote a majority of 31 Members voted for Councillor Sherlock,

whereupon the Mayor declared Councillor Sherlock Chairman of the Planning and Highways Regulatory Committee.

In relation to the Personnel Committee, Councillor Rogerson was nominated by Councillor Peter Williamson and seconded by Councillor Parkinson and Councillor Scott was nominated by Councillor Leyshon and seconded by Councillor Clifford.

A majority of 31 Members voted for Councillor Scott and the Mayor declared Councillor Scott appointed.

In relation to the Appeals Committee, Councillor Cozler was nominated by Councillor Leyshon and seconded by Councillor Hughes and Councillor Helme was nominated by Councillor Peter Williamson and seconded by Councillor Joan Jackson. 

A majority of 32 Members voted for Councillor Cozler and the Mayor declared Councillor Cozler appointed.

In relation to the Audit Committee, Councillor Thomas was nominated by Councillor Peter Williamson and seconded by Councillor Joan Jackson and Councillor Mann was nominated by Councillor Leyshon and seconded by Councillor Smith.  

On being put to the vote a majority of 31 Members voted for Councillor Mann,  ...  view the full minutes text for item 21.

To consider the report of the Chief Officer (Governance).

The Chief Executive submitted a report to enable Council to consider the basis and the procedure for making the necessary appointments to outside bodies, partnerships and boards.

Council noted the information provided in Appendix A of the report regarding Members’ attendance at meetings of outside bodies and the information regarding discontinuation and changes to some appointments, as set out in the report.

Councillor Brookes, seconded by Councillor Peter Williamson, proposed option 1 as set out in the report:

“That the appointments to be made in respect of the bodies listed in Appendix B of the report continue to be made by virtue of role/position, and that those appointments listed in Appendix C be made by nomination.”

The proposition was clearly carried when put to the vote.

Councillor Brookes then proposed, in respect of recommendation 3 in the report:

“That the basis of appointment to the Fylde, Lancaster and Wyre Children’s Partnership Board be by virtue of role as the Council’s Champion for Children and Young People.”

The proposition was seconded by Councillor Edwards and clearly carried when put to the vote.

Councillor Williamson proposed Option 2 of the report, seconded by Councillor Gardiner:

“Members to submit nominations to the Chief Officer (Governance) by 5 June 2015 to be voted on at the next Council meeting on 15 July 2015.”

By way of amendment, Councillor Hanson proposed Option 1 of the report:

“That Members vote on the nominations for each appointment at this meeting.”

Councillor Blamire seconded the amendment, which was clearly carried when taken to the vote. The amendment then became the substantive motion and a vote was taken which was clearly carried.

Nominations were then taken for the various appointments as follows:-

Arnside and Silverdale AONB: Councillor Goodrich was nominated by Councillor Peter Williamson, seconded by Susan Sykes. There were no further nominations and Councillor Goodrich was appointed.

Board of the Lancaster District Chamber of Commerce: Councillor Wilkinson was nominated by Councillor Hamilton-Cox, seconded by Councillor Brookes; Councillor  Sykes was nominated by Councillor Peter Williamson, seconded by Councillor Parkinson and Councillor Hughes was nominated by Councillor Leyshon, seconded by Councillor Hartley. With 8 votes for Councillor Wilkinson, 18 votes for Councillor Sykes and 29 votes for Councillor Hughes, Councillor Hughes was appointed, having gained the majority of votes cast.

Board of Trustees of the Lancaster Charity (6 places): There were 8 nominations. Councillor Brookes was nominated by Councillor Hamilton-Cox and seconded by Councillor Wilkinson; Councillors Charles and Parkinson were nominated by Councillor Peter Williamson and seconded by Councillor Sykes and Councillors Sherlock, Redfern, Denwood, Brown and Leytham were nominated by Councillor Leyshon and seconded by Councillor Brayshaw. A vote was taken to eliminate the two Councillors with the least votes from the appointment process. Councillor Parkinson, having the lowest number of votes, dropped out. Councillors Charles and Redfern both had the same lowest number of votes and so a second vote was necessary to break the tie. With Councillor Charles securing 25 votes and Councillor Redfern  ...  view the full minutes text for item 22.

To consider the report of the Monitoring Officer.

The Monitoring Officer submitted a report to enable Council to designate a ‘lead’ and ‘reserve’ Independent Person for the forthcoming municipal year.

Councillor Clifford, seconded by Councillor Kay, proposed:

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

There was no debate and the proposition was clearly carried when put to the vote.

Resolved:

(1)             That Council confirm Mr Tony James as its “lead” independent person, and Mr David Jordison as “reserve” independent person for the purposes of section 28(7) of the Localism Act 2011 for the next municipal year.

(2)             That the Monitoring Officer be authorised to commence a recruitment process for the appointment by Council of an additional independent person.

Council considered a report of the Chief Executive requesting that Councillors be appointed to the City Council’s three Champions roles. It was noted that, following a decision of Council in May 2014, the appointment period would be for a term of four municipal years, instead of one.

The Mayor asked for nominations for the Champion for Older People.

Councillor Leyshon nominated Councillor Whitehead seconded by Councillor Mann. There were no further nominations and Councillor Whitehead was appointed Champion for Older People.  .

The Mayor then asked for nominations for Champion for Children and Young People.

Councillor Hamilton-Cox, seconded by Councillor Wilkinson, nominated Councillor Novell; Councillor Leyshon, seconded by Councillor Brayshaw, nominated Councillor Brown and Councillor Peter Williamson, seconded by Councillor Parkinson, nominated Councillor Charles.

10 Members voted for Councillor Novell; 29 Members voted for Councillor Brown and 16 Members voted for Councillor Charles. The Mayor declared Councillor Brown Champion for Children and Young People, having secured the majority of the votes cast.

Finally, the Mayor sought nominations for the role of Veterans’ Champion.

Councillor Clifford nominated Councillor Scott, seconded by Councillor Pattison. There were no further nominations and Councillor Scott was appointed.

Resolved:

(1)                 That Councillor Whitehead be appointed Champion for Older People for  the municipal years 2015/16-2018/19

(2)                 That Councillor Brown be appointed Champion for Children and Young People for the municipal years 2015/16-2018/19.

(3)          That Councillor Scott be appointed Veterans’ Champion for the municipal years 2015/16-2018/19