Agenda and minutes

Apologies for absence were received from Councillor Joan Jackson and Councillors Parkinson, Sherlock and Whitehead.

To receive as a correct record the Minutes of the Meeting of the City Council held on 16 December, 2015 (previously circulated). 

The minutes of the meeting held on 16 December 2016 were signed by the Mayor as a correct record.

There were no declarations of interest made at this stage.

The Mayor had no announcements to make. He allowed Councillor Sykes’ request to place on record her thanks to officers of the Council who had been extremely helpful with constituents in her ward who had been victims of the recent floods. Councillor Sykes named Andrew Dobson, Michael Dagger and Julia Kennedy, in particular.

Whilst the following report is a public report, one of the appendices contains information exempt from publication. Should it be necessary to make reference to any of the information in the exempt appendix, Council is recommended to pass the following recommendation:- 

“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 5 of Schedule 12A of that Act.” 

Members are reminded that, whilst the appendix has been marked as exempt, it is for Council itself to decide whether or not to consider it 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. 

The Mayor reminded Council that one of the appendices to the public report contained legal advice, exempt from publication under Paragraph 5 of Schedule 12A of Section 100A(4) of the Local Government Act, 1972. If Members considered it necessary to make reference to any of the information in the exempt appendix during discussion of the item, Council was recommended to exclude the press and public from the meeting.

Since Members expressed a wish to ask questions about the exempt appendix, Councillor Blamire moved, seconded by Councillor Kay:

“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 5 of Schedule 12A of that Act.” 

A vote was taken and the motion was carried.

Resolved:

“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 5 of Schedule 12A of that Act.” 

(Members of the press and public left the Council Chamber at this point.)

Report of the Chief Executive.

The Chief Executive submitted a report advising Council of the options open to it in relation to the existing Development Agreement for the Canal Corridor North and the ongoing requirement for regeneration of the site. 

Members asked a number of questions relating to the legal advice in Appendix 3 of the report which was exempt from publication, which the Chief Officer (Governance) responded to. When all questions regarding the exempt appendix had been asked, the Mayor lifted the exclusion and members of the press and public were invited back into the Council Chamber.

(Members of the press and public were invited back into the Council Chamber at this point.)

(During the course of the following discussions, Councillor Wilkinson declared an interest as a student landlord who also managed properties for other people.)

Questions continued on the public part of the report, which the Chief Officer (Regeneration and Planning) responded to.

Councillor Hamilton-Cox, seconded by Councillor Kay proposed:

That:

(1)             The city council withdraws from the development agreement with British Land (BL);

(2)             The city council expresses its willingness to continue working with BL on the basis of the 2002 development brief bearing in mind that the existing land and building ownerships of BL make BL the obvious partner; but that the city council also responds positively to third parties in respect of all or part of the city council's landholdings in, and adjacent to, the Canal Corridor which promotes development broadly consistent with the 2002 development brief;

(3)             Officers enter into negotiations with the Grand and Dukes theatres and the Musicians' Co-op in order to assist with the delivery of their respective aspirations and to draw up proposals for cabinet approval which will provide the land and/or buildings on such terms as realistically progress the aspirations of these cultural hubs;

(4)             Officers bring forward a report to either full council or cabinet (as appropriate) on city centre car parking capacity ahead of the opening of the HM6L 'park and ride' scheme at J34, with particular reference to its impact on parking capacity on sites in the Canal Corridor, but also on other city centre car parking capacity.

By way of amendment, Councillor Hanson, seconded by Councillor Clifford, proposed:

“That Members note the options available to the Council contained in this report, and instruct officers to continue to work with British Land and Lancaster University with the aim of scoping a deliverable project for the redevelopment of the Canal Corridor North which must take into account:-

(1)      The updated evidence of need for retail/leisure and cultural uses available to the City Council and informing the preparation of the Lancaster District Local Plan.

(2)      Further legal advice which the Council will obtain arising from the legal implications linked to the options in this report.

(3)      The need to address the regeneration needs of the Grand and Dukes Theatres and other cultural operations within the Canal Corridor North.

That a further report be brought to Council to consider the outcome of the above  ...  view the full minutes text for item 104.

Report of the Chief Officer (Governance).

The Chief Officer (Governance) submitted a report regarding the calculation of Proportional Representation (PR). The report also set out various changes to committee membership.

At the December Council meeting, the Conservative Group Leader had indicated that, had time allowed, he would have proposed a change to the grouping of committees used in the calculation. He had since informed Democratic Services of his suggestion that all the 7 Member committees of Council (Appeals, Audit, Council Business Committee, Personnel and Standards) be grouped together and the calculation made on 35 places. The Overview and Scrutiny grouping would remain unchanged and there would be a new grouping of the Licensing Act, Licensing Regulatory and Planning and Highways Regulatory committees (39 places). This proposal was set out in the report.

Councillor Peter Williamson, seconded by Councillor Edwards, proposed:

“That the proposals for an alternative calculation of PR, as set out in paragraph 2.1 of the report, be approved.”

Debate followed, before a vote was taken. With 26 Members voting for the proposition and 27 voting against, the proposition was lost. 

It was noted that, at the meeting on the 16^th December 2015 Councillor Sykes was appointed to the Budget and Performance Panel and Councillor Askew to the Audit Committee, however the Labour group were not asked which members they wished to remove from those Committees. The Mayor informed Council that the Labour group Administrator had given notice that the group wished to remove Councillor Sherlock from the Budget and Performance Panel and Councillor Cozler from the Audit Committee.

Councillor Leyshon formally proposed, seconded by Councillor Mann:

“That Councillor Sherlock be removed from the Budget and Performance Panel and that Councillor Cozler be removed from the Audit Committee.”

The Mayor then informed Council that the Conservative Group Administrator had given notice of a change to the membership of the Chief Executive Recruitment Committee. Councillor Phillippa Williamson proposed that Councillor Gardiner be replaced by Councillor Joan Jackson.  Councillor Gardiner seconded the proposal.

Council voted on the propositions for changes to committees, which were carried.

Resolved:

(1)       That Councillor Sherlock be removed from the Budget and Performance Panel and Councillor Cozler be removed from the Audit Committee.

(2)       That Councillor Gardiner be replaced by Councillor Joan Jackson on the Chief Executive Recruitment Committee.

Report of the Chief Executive.

The Chief Executive submitted a report to agree amendments to the polling districts in the Heysham Central Ward which were affected by the polling district review earlier in 2015.

The amendments were to allow more even distribution of electors and allow them to vote at two different polling stations. Heysham Road would be used as a dividing line so that the electors on the seaward side of Heysham Road would vote at a new polling station at Heysham Library and would form HECA polling district, whilst those on the non-seaward side would continue to vote at Mossgate Primary School, forming HECB polling district.

Councillor Brayshaw, seconded by Councillor Ashworth, proposed:

“That the polling districts in the Heysham Central Ward be amended as detailed in the report.”

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

Resolved:

That the polling districts in the Heysham Central Ward be amended as detailed in the report.

Report of the Chief Officer (Governance).

Council considered a report of the Chief Officer (Governance) regarding an appointment to the King’s Own Royal Regiment Museum Trust.

The Chairman of Trustees of the King’s Own Royal Regiment Museum had written to request that the Council appoint its Veterans’ Champion as an ex officio trustee.

Councillor Clifford, seconded by Councillor Brown proposed:

“That the Council’s Veterans’ Champion, Councillor Scott, be appointed as an ex officio trustee of the King’s Own Royal Regiment Museum.”

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

Resolved:

That the Council’s Veterans’ Champion, Councillor Scott, be appointed as an ex officio trustee of the King’s Own Royal Regiment Museum.

Report of the Chief Executive.

The Chief Executive submitted a report to enable Council to review the implications of a decision of the Licensing Regulatory Committee.

Councillor Pattison, seconded by Councillor Metcalfe, proposed:

“That Council notes the report and endorses the decision of the Licensing Regulatory Committee on 26 November 2015 in respect of written warnings.”

There was a short debate before a vote was taken and the motion was clearly carried.

Resolved:-

That Council notes the report and endorses the decision of the Licensing Regulatory Committee on 26 November 2015 in respect of written warnings.

Report of the Chief Officer (Governance).

Council considered a report of the Chief Officer (Governance) to enable Council to consider amendments to the Constitution in accordance with its resolution of 21 October 2015 regarding Members’ access to information.

Councillors asked a number of questions, which the Chief Officer (Governance) responded to.

Councillor Newman-Thompson, seconded by Councillor Hamilton-Cox, proposed:

“That the amendments to the Constitution in Article 2, the Access to Information Procedure Rules, the Cabinet Procedure Rules, the Licensing Regulatory Committee Procedure Rules (Public Speaking) and the Protocol on Member/Officer Relations, as appended to the report, be approved.”

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

Resolved:

That the amendments to the Constitution in Article 2, the Access to Information Procedure Rules, the Cabinet Procedure Rules, the Licensing Regulatory Committee Procedure Rules (Public Speaking) and the Protocol on Member/Officer Relations, as appended to the report, be approved.

Report of the Leader.

The Leader reported a change of responsibility in Cabinet portfolios to Council in accordance with Rule 1.2 of the Cabinet Procedure Rules.

The change was the transfer of responsibility for Rural Areas from Councillor Hanson to Councillor Bryning.

Resolved:

That the report be noted.

To receive the Minutes of Meetings of Cabinet held on 3 November and 1 December 2015. 

Council considered the Cabinet minutes of the meetings held on 3 November and 1 December 2015. The Leader and Cabinet Members responded to Councillors’ questions.

Resolved:

That the minutes be noted.