Agenda and minutes

Council
Wednesday, 26th June 2019 6.00 p.m.

Venue: Morecambe Town Hall

Contact: Debbie Chambers, Democratic Services - telephone (01524) 582057 or email  dchambers@lancaster.gov.uk 

Items
No. Item

26.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were received from Councillors Roger Dennison, Mike Greenall, Abi Mills, Joyce Pritchard and Michael Smith.

 

27.

MINUTES

To receive as a correct record the Minutes of the Meeting of the City Council held on17th May and 20th May 2019 (previously circulated). 

Minutes:

The minutes of the meetings held on 17 and 20 May 2019 were agreed as a correct record.

28.

DECLARATIONS OF INTEREST

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. 

 

Minutes:

Councillor Budden declared a prejudicial interest in relation to the motion on notice regarding catering concessions for a number of reasons which he did not specify. Councillor Young also declared a potential personal, non-prejudicial, interest in the same item regarding the Storey catering concessions as a tenant of the Storey. (Minute No.34 refers.)

 

Councillor Greenwell said she would declare a personal interest if there were discussions on the Lancaster and South Cumbria Economic Region in view of the location of her home near the border with Cumbria. (Minute No.33 refers.)

29.

ITEM OF URGENT BUSINESS - Extension of the Chief Executive Interim Appointment pdf icon PDF 63 KB

Minutes:

The Chief Executive left the meeting at this point, having an interest in the item of urgent business regarding his interim appointment.

 

The Mayor had accepted one item of urgent business, a report from the Chief Executive Recruitment Committee. The report required a decision as soon as possible and could not wait until the next available meeting.

 

The Mayor informed Council that there was an error in paragraph 4.1 of the report where the date had been typed as 31 October 2019 instead of 31 October 2020.

 

Councillor Reynolds, as Chair of the Chief Executive Recruitment Committee, presented the report, which sought Council’s approval for an extension to the interim arrangements for the Chief Executive post.

 

There were no questions. Councillor Reynolds proposed the recommendation in the report:-

 

“That the fixed term appointment of Kieran Keane as the Council’s Chief Executive is extended by one year, to 31 October 2020.”

 

Councillor Barber seconded the proposal.

 

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

 

Resolved:

 

That the fixed term appointment of Kieran Keane as the Council’s Chief Executive is extended by one year, to 31 October 2020.

 

The Chief Executive returned to the Council Chamber.

 

 

30.

ANNOUNCEMENTS

To receive any announcements which may be submitted by the Mayor or Chief Executive.  

Minutes:

The Mayor thanked everyone who had attended the wine tasting evening, which had raised £430 for his charity, Defying Dementia. He expressed his thanks to Councillors who had supported the event.

31.

QUESTIONS FROM THE PUBLIC UNDER COUNCIL PROCEDURE RULE 11

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. 

Minutes:

32.

PETITIONS AND ADDRESSES

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. 

Minutes:

The Mayor informed Members that no petitions or requests to address Council had been received from members of the public.

33.

LEADER'S REPORT pdf icon PDF 72 KB

To receive the Cabinet Leader’s report on proceedings since the last meeting of Council. 

Additional documents:

Minutes:

34.

MOTION ON NOTICE - CATERING CONCESSIONS pdf icon PDF 99 KB

To consider the motion submitted by Councillors Tricia Heath, Geoff Knight, Merv Evans, Cary Matthews and Roger Dennison;

  

“It has not escaped the general public’s attention that there were no ice cream vans in their usual spots on Morecambe promenade during the very hot spell of weather at Easter. 

 

Lancaster City Council has for many years received guaranteed revenue from leasing these sites to local business. This ended this year as Lancaster City Council has apparently decided it would make much more money from selling ice creams themselves.

 

We all know this will never be the case. It has been proved by the council’s failed attempts to run business in the past.

 

Lancaster City Council has already lost 1/2 years rental income from concessionaires and we see no evidence that the council has put any money aside to provide their own ice cream vans. Does this mean that this council no longer has any plans to provide ice cream vans on Morecambe promenade? If so, we are leaving the door wide open for unregulated traders to turn up which raises Health and Safety concerns.


Apparently it has also been the policy to cancel leases on cafes at the end of their term. This means that a local resident who has worked hard and put their heart and soul into building up a business will have this taken away from them by the council on the grounds that the council will now keep the profit.  This does not inspire entrepreneurship in the town nor does it inspire being in partnership with Lancaster City Council. Is there any member here that thinks this is a sensible or desirable way forward?  


Other cafe owners have now been told that they will not be able to renew their lease - what incentive is there to invest in or improve their business.


We propose that the Council:-

 

1)     Does not take the livelihoods of local residents away from them by not renewing their leases;

 

2)     Does not begin the business of selling ice creams on Morecambe Promenade;

 

And that:

 

3)     The Council’s priorities should be on fulfilling its statutory duties”

 

An officer briefing note is attached.

Minutes:

Councillor Budden left the meeting at this point, having previously declared an interest.

 

The following motion of which notice had been given to the Chief Executive in accordance with Council Procedure Rule 15 was moved by Councillor Heath and seconded by Councillor Geoff Knight:-

 

“It has not escaped the general public’s attention that there were no ice cream vans in their usual spots on Morecambe promenade during the very hot spell of weather at Easter. 

 

Lancaster City Council has for many years received guaranteed revenue from leasing these sites to local business. This ended this year as Lancaster City Council has apparently decided it would make much more money from selling ice creams themselves.

 

We all know this will never be the case. It has been proved by the council’s failed attempts to run business in the past.

 

Lancaster City Council has already lost 1/2 years rental income from concessionaires and we see no evidence that the council has put any money aside to provide their own ice cream vans. Does this mean that this council no longer has any plans to provide ice cream vans on Morecambe promenade? If so, we are leaving the door wide open for unregulated traders to turn up which raises Health and Safety concerns.


Apparently it has also been the policy to cancel leases on cafes at the end of their term. This means that a local resident who has worked hard and put their heart and soul into building up a business will have this taken away from them by the council on the grounds that the council will now keep the profit.  This does not inspire entrepreneurship in the town nor does it inspire being in partnership with Lancaster City Council. Is there any member here that thinks this is a sensible or desirable way forward?  


Other cafe owners have now been told that they will not be able to renew their lease - what incentive is there to invest in or improve their business.


We propose that the Council:-

 

1)     Does not take the livelihoods of local residents away from them by not renewing their leases;

 

2)     Does not begin the business of selling ice creams on Morecambe Promenade;

 

And that:

 

3)     The Council’s priorities should be on fulfilling its statutory duties.”

 

An officer briefing note had been prepared and circulated with the agenda to assist Councillors with the debate.

 

An amendment to the motion was moved by Councillor Hamilton-Cox, seconded by Councillor Lewis:

 

“Cabinet Members wish to take further soundings on the matters raised by the motion and propose that the agenda item returns to full council on 17 July 2019 for a final decision.”

 

After some discussion and clarification, Councillor Heath and her seconder accepted this proposal as a friendly amendment to the motion.

 

At the conclusion of the debate a vote was taken and the motion, as amended, was clearly carried.

 

Resolved:-

 

That Cabinet Members take further soundings on the matters raised by the motion and that the  ...  view the full minutes text for item 34.

35.

Appointment to an Outside Body - Community Rail Partnership pdf icon PDF 57 KB

To consider the report of the Chief Executive.

Minutes:

Council considered a report submitted by the Chief Executive. The report noted that Councillor Dowding had been appointed to the Community Rail Partnership at the last Council meeting. However, her circumstances had since changed and she would be unable to attend Partnership meetings. For this reason she had not taken up the position and Council was being asked to make a new appointment.

 

Councillor O’Dwyer-Henry nominated Councillor Bryning to fill the vacancy. The nomination was seconded by Councillor Wood.

 

Councillor Barber nominated Councillor Yates, seconded by Councillor Duggan.

 

The Mayor called for a vote. There was a tie, with 24 votes for Councillor Bryning and 24 votes for Councillor Yates. The Mayor then used his second vote to break the tie, and declared Councillor Bryning appointed to the Community Rail Partnership.

 

Resolved:


That Councillor Bryning be appointed to the Community Rail Partnership.

36.

Appointment to Police and Crime Panel

To consider the report of the Chief Executive.

 

Report to follow.

Minutes:

The Mayor informed Councillors that appointments to the Police and Crime Panel would be postponed to the next Council meeting because figures had not yet been agreed for political balance across Lancashire following the local elections held in May.

37.

APPOINTMENTS AND CHANGES TO COMMITTEE MEMBERSHIP

Group Administrators to report any changes to Committee Membership.  

 

Minutes:

The Mayor noted that the Green Group had requested that Councillor Stubbins be replaced on the Budget and Performance Panel by Councillor Young. Councillor Dant confirmed that this was the case.

 

The Labour group then proposed that:

 

·         Councillor Parr be replaced on the Audit Committee with Councillor Biddulph and the Councillor Wood be listed as a named substitute on that committee.

·         Councillor Whitehead be replaced on the Personnel Committee by Councillor Hanson.

 

Councillor Robinson agreed to second all the changes. A vote was taken and the changes were approved.

 

Resolved:

 

That

 

(1)          Councillor Stubbins be replaced on the Budget and Performance Panel by Councillor Young.

 

(2)          That Councillor Parr be replaced on the Audit Committee by Councillor Biddulph.

 

(3)          That Councillor Wood be listed as a named substitute for the Audit Committee.

 

38.

QUESTIONS UNDER COUNCIL PROCEDURE RULE 12

To receive questions in accordance with the provisions of Council Procedure Rules 12.2 and 12.4 which require a Member to give at least 3 working days’ notice, in writing, of the question to the Chief Executive. 

Minutes:

The Mayor advised that two questions had been received by the Chief Executive in accordance with Council Procedure Rules. These were questions from Councillor Dennison to the Cabinet Members for Planning and Economic Regeneration about the passageway between B&M Bargains and Johnny’s Entertainment on Marine Road Central, Morecambe.

 

Unfortunately, Councillor Dennison was not able to be present at the meeting to ask his questions. However, he had made it clear, when he submitted his questions, that written answers would be acceptable. The Democratic Services Manager agreed to provide the answers to Councillor Dennison and all other Councillors by email following the meeting.