Agenda and minutes

Apologies for absence were received from Councillors Stuart Bateson, Susie Charles, Andrew Gardiner and Mel Guilding.

To receive as a correct record the Minutes of the Meeting of the City Council held on 26^th September 2018 (previously circulated). 

The minutes of the meeting held on 26 September 2018 were approved as a correct record.

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

Members 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, Members 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, Members 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. 

Members advised of the following interests:

Councillor Scott declared a personal interest in relation to the Motion on Notice in view of her son having used the facilities at the Musician’s Co-operative in the past.

Councillor Kay also declared a personal interest in relation to the same item as his son used the facilities for rehearsals.  

The Mayor reminded Councillors of the sad death of former Councillor Evelyn Archer, on 4 November 2018.

Evelyn served on the Council from 1991-1995 and again from 2003-2011, representing the Poulton ward. She was a member of the City Council’s Cabinet and undertook the portfolio for property services and regeneration. Above all, Evelyn was a staunch supporter of her home town of Morecambe and was perhaps most well-known for her tenacity and courage in helping to save and preserve the Winter Gardens.

The Mayor reported that Honorary Alderman John Hastings Ball had sadly passed away in October 2018. John became an Alderman when he retired from the Council in 1991.

Members stood in a minute’s silence in memory of

former Councillor Evelyn Archer and Honorary Alderman John Hastings Ball.

The Mayor asked Members if they could please take a few moments to complete the Member Training and Satisfaction Survey, which would close on 30^th November. A link to the survey had been emailed out to all Members and could be accessed through the Members’ pages on the intranet. Paper copies were also available from Democratic Services on request. On behalf of Democratic Services, the Mayor thanked all Members who had already responded.

The Mayor explained that, because there were a number of public speakers in attendance to address Council about the Musicians’ Co-operative, he intended to take item 12, the motion on notice about the Co-op, immediately after the speakers.

To receive questions in accordance with the provisions of Council Procedure Rules 11.1 and 11.3 which require members of the public to give at least 3 days’ notice in writing of questions to a Member of Cabinet or Committee Chairman. 

The Mayor reported that no questions had been received from the public.

To receive any petitions and/or addresses from members of the public which have been notified to the Chief Executive in accordance with the Council's Constitution. 

The Mayor reported that, since he wished to take part in the debate, he would pass the Chair for the following item to Councillor Cozler, the Deputy Mayor.

The Mayor vacated the Chair at this point, removed his chains and took up a seat in the Chamber. The meeting continued with the Deputy Mayor in the Chair.)

The Deputy Mayor informed Councillors that a petition had already been submitted in support of the Musicians’ Co-operative and nine members of the public had registered to speak in accordance with the provisions of Council Procedure Rule 13. She invited each of the speakers to come to the front of the chamber and address council:

Mr Chris Barlow, Mr David Blackwell, Ms Sally Bloomer, Mr Ian Dicken, Ms Holly Blackwell, Mr Jonnie Meadowcroft, Mr Benjamin Ruth, Ms Kat Taylor and Mr Anthony Robinson all addressed Council in support of the Musicians’ Co-op.

The Leader of the Council thanked all the speakers and responded to the views they had put forward.

The Deputy Mayor thanked the speakers and informed them that there would be debate about the issue during the next item (minute 75 refers).

To consider the following motion submitted by Councillors Kevin Frea, Cllr. Jon Barry, Cllr. Amara Betts-Patel, Cllr. Carla Brayshaw, Cllr. Dave Brookes, Cllr. Rob Devey, Cllr. Melanie Guilding,  Cllr. Tim Hamilton-Cox, Cllr. Colin Hartley, Cllr. Caroline Jackson, Cllr. Abi Mills, Cllr. Jean Parr, Cllr. John Reynolds, Cllr. Oliver Robinson, Cllr. David Whitaker, Cllr. Nicholas Wilkinson and Cllr. Peter Williamson.

“This Council recognises the incredible value that the Musician's Coop has brought to the culture and economy of Lancaster for more than 30 years.

This Council resolves that:

1.      The eviction notice issued to the Musicians' Co-op on Friday 12th October is immediately rescinded.

2.      An urgent meeting between the Musicians' Co-op and the Council, including interested Councillors, is arranged to review the situation, and explore possible future arrangements that support the long-term future of the Co-op.

3.      An action plan is formulated to address the building condition report issues and how best the funds to pay for them could be raised, with the Council accepting responsibility for the most significant urgent structural repairs needed to make the building safe. This acknowledges the Council's position as landlord and the many years of uncertainty that the redevelopment proposals have cast over the future of this building and the wider area.

4.      If the Musicians' Co-op has to move out in the short-term for repairs to be carried out, then the Council will work with the Musicians Co-op to find suitable alternative premises close to Lancaster City Centre.”

An officer briefing note to follow.

Officers responded to numerous questions on the briefing note which had been drafted to accompany the motion on notice. Councillor Hamilton-Cox requested a copy of the 2012 survey on the Co-op building.

Councillor Frea proposed the following motion, having given the required notice to the Chief Executive in accordance with Council Procedure Rule 15:-

“This Council recognises the incredible value that the Musicians’ Co-op has brought to the culture and economy of Lancaster for more than 30 years.

This Council resolves that:

1)            The eviction notice issued to the Musicians' Co-op on Friday 12th October is immediately rescinded.

2)            An urgent meeting between the Musicians' Co-op and the Council, including interested Councillors, is arranged to review the situation, and explore possible future arrangements that support the long-term future of the Co-op.

3)            An action plan is formulated to address the building condition report issues and how best the funds to pay for them could be raised, with the Council accepting responsibility for the most significant urgent structural repairs needed to make the building safe. This acknowledges the Council's position as landlord and the many years of uncertainty that the redevelopment proposals have cast over the future of this building and the wider area.

4)            If the Musicians' Co-op has to move out in the short-term for repairs to be carried out, then the Council will work with the Musicians’ Co-op to find suitable alternative premises close to Lancaster city centre.”

Councillor Peter Williamson seconded the motion.

With the time at 8pm at this point, the Deputy Mayor called for a comfort break, in accordance with Council Procedure Rule 10.1.

(The meeting adjourned at 8pm and reconvened at 8.15pm)

An amendment to the motion from Councillor Clifford had been circulated before the meeting.

Councillor Clifford asked to move the first paragraph of the amendment he had put forward, in place of paragraph 1) of the original motion:

“1)       That the eviction notice issued to the Musicians’ Co-op on Friday 12 October will be rescinded, provided that safety critical repairs have been carried out and the validity of the Musicians’ Co-op public liability insurance has been confirmed in writing. The continued occupation of the building by the co-operative may continue under the tenancy at will until the City Council policy is approved.”

Councillor Blamire seconded the amendment, which was voted upon without debate. The amendment was lost.

A further amendment, from Councillor Devey, had been received and circulated in advance of the meeting. Councillor Devey, seconded by Councillor Brayshaw, proposed his amendment:

1)            “That the eviction notice issued to the Musicians' Co-op on Friday 12th October is rescinded as soon as:

The Musicians’ Co-op insurance company confirm that they have seen the council surveyors report and evidence is provided in writing from their insurers showing their public liability insurance is still valid on the basis of this report – or if the insurance is no longer valid at this stage, as soon as confirmation has been received by the Council that  ...  view the full minutes text for item 75.

(The Deputy Mayor vacated the Chair at this point to allow the Mayor to take back the Chair for the remainder of the meeting.)

Councillor Parr asked if the remaining items could be deferred to the December meeting of Council. The Mayor considered which items could be deferred and it was agreed to take the Leader’s report and the report on political balance and defer the other agenda items until December.

The Leader presented her report updating Members on various issues since her last report to Council. She then responded to a number of questions from Councillors.

Resolved:

That the report be noted. 

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 a recent change in the number of members of the Conservative group.

The Democratic Services Manager informed Councillors that there was an error in the calculation for the overview and scrutiny grouping. The Labour group should have 10 places overall in that group, and the Green group should have 2 (not 9 and 3 respectively, as shown in the report).

The Labour group advised that they would need to discuss which member they would like to put forward for their extra seat on the Overview and Scrutiny Committee and would nominate them at the next available meeting.

Councillor Phillippa Williamson proposed recommendation (1) of the report, to accept the calculations and allocation of seats set out in the appendices to the report and asked that the Constitutional Working Group be requested to review the methodology of the political balance calculation.

Councillor Whitehead seconded the recommendation.

A vote was taken and the Mayor declared the proposition clearly carried.

To effect the adjustments required by the calculation, Conservative group members advised that they would give up one place on the Audit Committee and one place on the Licensing Act Committee. Councillor Cooper requested the seat on the Audit Committee, leaving a seat on the Licensing Act committee for Councillor Thynne. (Councillor Thynne having left the meeting earlier in the evening.)

Council voted to accept the adjustments above.

Resolved:-

(1)     That the calculations and allocation of seats set out in the appendices to the report be approved.

(2)     That the Constitutional Working Group be requested to review the methodology of the political balance calculation.

(3)     That:

·         Councillor Robinson replaces Councillor Thynne on the Audit Committee.

·         Councillor Thynne takes a seat from the Conservative Group on the Licensing Act Committee

·         Councillor Cooper takes a seat from the Conservative Group on the Audit Committee.

To consider the report for the Portfolio Holder for Regeneration and Planning.

The Mayor proposed to defer this item to the December Council meeting.

Councillor Goodrich asked if he could address a question about this issue to officers to enable them to bring the answer to the December meeting, and the Mayor agreed to this.

Councillor Goodrich questioned why the Overview and Scrutiny Committee had been told that there was no officer resource or budget to scope a task group with the remit to identify ‘lessons learned so far’ regarding the Canal Corridor/Quarter.

At this point, in view of the lateness of the hour, the Mayor informed Councillors that this item, plus the motion on notice about reducing climate change emissions from new-build homes (item 11) and Members’ questions to portfolio holders (item 15) would be deferred to the December Council meeting.