Agenda and minutes

Apologies for absence were received from Councillors Gerry Blaikie, Gina Dowding, Merv Evans, Jake Goodwin, Abi Mills, Katie Whearty and Peter Yates.

To receive as a correct record the Minutes of the Meeting of the City Council held on 27 April, 2022 (previously circulated). 

The minutes of the meeting held on 27 April 2022 were agreed and signed by the Mayor as a correct record.

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. 

There were no declarations of interest.

The Mayor thanked the outgoing Mayor, Councillor Greenall, for the moving tribute he paid to Councillor Janice Hanson at Friday’s Council meeting, before the minute’s silence held in Janice’s memory. She informed Councillors that she had received confirmation that the civic funeral will be held on 27^th May at 4.30pm at Lancaster and Morecambe Crematorium. Further details would follow from Democratic Services.

Report of the Leader (This report was marked “to follow” and was published on 12 May 2022).

Council considered the Leader’s report on Executive Arrangements.

The Leader informed Councillors of some changes:

·       The temporary COVID delegations, put in place in September 2020 for spending during the pandemic, had been withdrawn.

·       The financial limits for decision by Individual Cabinet Member or a Director had been reduced to £100,000 from £150,000. Decisions by Individual Cabinet Member over £100,000 would require consultation with the relevant Director of Chief Executive and decisions by Directors over £50,000 would still need to be taken in consultation with the relevant Cabinet Member.

A list of Cabinet portfolio holders and their areas of responsibility was attached to the report and is appended to the minutes.

The Leader informed Council that the ad hoc Lancaster and South Cumbria Joint Committee was not currently meeting and would need to be renamed if it did, due to the formation of Westmorland and Furness Council as a result of local government reorganisation.

There were no questions from Councillors, and the report was simply for noting.

Resolved:

That the report be noted.

Council is recommended to approve the non-executive scheme of delegation to officers contained in the Constitution (this is included in the appendix to the report for Item 6, above).

The Mayor noted that the non-executive delegations to officers were contained within the Appendix to the previous item in the Scheme of Delegation to Officers.

It was proposed by Councillor Geoff Knight and seconded by Councillor Greenall:

“That the non-executive Scheme of Delegation to Officers, as appended to the report for Item 6 (minute 12 refers) be approved.”

There was no debate and the proposition was clearly carried.

Resolved:

That the non-executive Scheme of Delegation to Officers, as appended to the report for Item 6 (minute 12 refers) be approved.

Report of the Head of Democratic Services.

The Head of Democratic Services submitted a report to advise Council of the calculations relating to the allocation of seats in accordance with the Local Government and Housing Act 1989. This was to allow Council to appoint to Committees as required at the annual meeting, as set out in Part 3, Section 1, Paragraph 1 (h) of the Constitution.

Councillor Geoff Knight proposed “That the recommendation, as set out in the report, be approved.” The proposition was seconded by Councillor Greenall.

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

Resolved:

That 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, the City Council approves the calculations and allocation of seats set out in the report, including the adjustments set out in paragraph 5 of the report.

To receive nominations and appoint Members to serve on the under-mentioned Overview and Scrutiny bodies and Committees, in accordance with the political balance arrangements agreed at Item 8. 

(a)          Overview and Scrutiny Committee (9 members)

(b)          Budget and Performance Panel (9 members)

(c)          Planning Regulatory Committee (15 members)

(d)      Licensing Committee (10 members)

(e)      Personnel Committee (7 members)  

(f)       Appeals Committee (7 members)  

(g)      Audit Committee (7 members)  

(h)      Standards Committee (7 members)    

(i)       Council Business Committee (7 members)

And to confirm appointments to the 9 member Committee System Working Group.

List of nominations to groups had been sent to Democratic Services and circulated at the meeting. The Mayor called for any changes to the list as circulated and the following changes were put forward by Group Administrators:

Morecambe Bay Independent group – Councillor Geoff Knight instead of Councillor Anderton on Budget and Performance Panel and on Planning Committee and Councillor Dennison on Licensing and Standards Committees instead of Councillor Anderton.

Green group – Councillor Hamilton-Cox on Licensing instead of Councillor Bannon. Councillor Lenox instead of Councillor Bannon on Planning Committee.

Regarding the Committee Services Working Group, the following names were added for the Conservative and Green Groups: Councillor Austen-Baker for Conservatives and Councillors Dant and Hamilton-Cox for the Greens.

Councillor Geoff Knight proposed:

“That the nominations for places, as circulated with the changes noted above, be approved  en bloc”

This was seconded by Councillor Dennison.

However it appeared that the Conservative group wished to make a further appointment to the Planning Committee. It transpired that political groups had not agreed places in advance of the meeting on this occasion and some were expecting that lots would be drawn.

A short adjournment to come to an agreement was proposed by Councillor Wood and seconded by Councillor Geoff Knight.

Council adjourned at 6.27pm and reconvened at 6.40pm.

Upon reconvening, it was noted that a by-election on 19 May would make a recalculation necessary at the June 2022 meeting. Before that meeting all groups could agree on the places allocated to them in the usual way, or, if agreement could not be reached, lots would be drawn at the meeting.

A vote was taken on the proposition, which was clearly carried.

Resolved:

That the nominations for places, as circulated with the changes noted above, be approved  en bloc.

Report of the Head of Democratic Services.

Council considered a report of the Head of Democratic Services to allow Council to consider its appointments to outside bodies, partnerships and boards, as set out in the report. The Mayor noted that Appendix 2 did not show the James Bond/Henry Welch Trust and it should be noted that Councillor Thornberry had attended all the Trust meetings in 2021-23. Also that the words ‘part year’ which appeared against the Leader’s name should be against Councillor Thornberry’s name.

There were vacancies on three bodies. The first was the Heysham Nuclear Power Station Local Community Liaison Council.

Councillor Wood was nominated by Councillor Hartley, seconded by Councillor Robinson. There being no further nominations, the Mayor declared Councillor Wood appointed to the Heysham Nuclear Power Station Local Community Liaison Council.

There were no nominations made to Relate Lancashire, Lancaster District, therefore that position remained unfilled.

No nominations were received for PATROL (Parking and Traffic Regulations Outside London) Adjudication Joint Committee 2022-23.

Regarding the Police and Crime Panel, Councillor Caroline Jackson, seconded by Councillor Dant, proposed the recommendation set out in the report:

“That the basis of appointment to the Lancashire Police and Crime Panel be agreed as ‘by virtue of position’, being the appropriate Cabinet member; and that the appointment be referred to Cabinet, to appoint the relevant portfolio holder for 2022-23.”

This proposition was clearly carried when put to the vote.

Councillor Geoff Knight proposed, seconded by Councillor Guilding:

“That Council notes the bodies in paragraph 4.0 of the report, which have either ceased to exist or have informed the Council that a representative is not required; and

That Council confirms that all appointments made or re-confirmed at this meeting will extend until the next City Council elections in 2023.”

It was then noted that an appointment would need to be made to PATROL as this was a mandatory requirement.

In view of this Councillor Dant nominated Councillor Dowding, seconded by Councillor Robinson. There being no further nominations, Councillor Dowding was appointed to PATROL.

Councillor Robinson informed the Mayor that in Appendix 1b of the report, his name appeared against a body he had resigned from, the George Fox School Educational Charity. He also pointed out that Councillor Lewis has resigned from the Preston and Western Lancashire Racial Equality Council and this body appeared against her name.

It was therefore agreed that the corrected list (appended to these minutes) be recirculated.

Resolved:

(1)        That Councillor Wood be appointed to the Heysham Nuclear Power Station Local Community Liaison Council.

(2)        That the basis of appointment to the Lancashire Police and Crime Panel be agreed as ‘by virtue of position’, being the appropriate Cabinet member; and that the appointment be referred to Cabinet, to appoint the relevant portfolio holder for 2022-23.

(3)        That Council notes the bodies in paragraph 4.0 of the report, which have either ceased to exist or have informed the Council that a representative is not required

(4)        That Council that all appointments made or re-confirmed at this meeting will extend  ...  view the full minutes text for item 16.

To receive nominations and appoint Chairs to each of the under-mentioned bodies noting that, in accordance with the Constitution, only non-Cabinet Members are entitled to vote on (a) and (b) below:-

(a)        Overview and Scrutiny Committee – shall not be member of the largest political group with members serving on the Cabinet.

(b)        Budget and Performance Panel – shall not be a member of the largest political group with members serving on the Cabinet.

(c)        Planning Regulatory Committee

(d)        Licensing Committee

(e)        Personnel Committee - recommended to include at least one Cabinet Member

(f)         Appeals Committee

(g)        Audit Committee – shall not be a Member of Cabinet or Overview and Scrutiny

(h)        Standards Committee

(i)         Council Business Committee

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

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

In relation to the Overview and Scrutiny Committee, Councillor Clifford was nominated by Councillor Cleet, seconded by Councillor Jenkins. Councillor Austen-Baker was nominated by Councillor Joan Jackson, seconded by Councillor De La Mare.   With 16 votes for Councillor Clifford and 22 votes for Councillor Austen-Baker, the Mayor declared Councillor Austen-Baker appointed Chair of the Overview and Scrutiny Committee. 

For the Budget and Performance Panel, Councillor De La Mare was nominated by Councillor Gardiner, seconded by Councillor Budden.  No further nominations were put forward and the Mayor declared Councillor De La Mare Chair of the Budget and Performance Panel.

For the Planning Regulatory Committee, Councillor Thornberry was nominated by Councillor Wood, seconded by Councillor Hartley. Councillor Budden was nominated by Councillor Guilding, seconded by Councillor De La Mare. A recorded vote was then requested in accordance with Council Procedure Rule 19.4.

The votes were recorded as follows:-

For Councillor Thornberry:  Councillors Anderson, Askari, Bannon, Biddulph, Black, Brookes, Bryning, Clifford, Greenwell, Hartley, Hunter, Jenkins, King, Lewis, Parr, Penny, Redfern, Robinson, Sinclair, Taylor, Thornberry, Whitaker, Whitehead, Wood and Young.  (25)

Against Councillor Thornberry: Councillors Anderton, Austen-Baker, Budden, De La Mare, Gardiner, Guilding, Heath, Jackson (Joan), Knight (Geoff), Knight (Sarah), Matthews, Morris, Thomas and Wild. (14)

Abstentions: Councillor Boyd-Power, Cleet, Dant, Dennison, Frea, Greenall, Hamilton-Cox, Jackson (Caroline), Lenox, Pritchard and Stubbins. (11)

For Councillor Budden: Councillor Anderton, Austen-Baker, Boyd-Power, Budden, De La Mare, Dennison, Gardiner, Greenall, Guilding, Heath, Jackson (Joan), Knight (Geoff), Knight (Sarah), Matthews, Morris, Thomas and Wild. (17)

Against Councillor Budden: Councillors Askari, Bannon, Biddulph, Black, Bryning, Clifford, Hartley, Hunter, Jenkins, King, Lewis, Parr, Redfern, Robinson, Taylor, Thomas, Whitaker, Whitehead, Wood and Young. (20)

Abstentions:Councillors Anderson, Brookes, Cleet, Dant, Frea, Greenwell, Hamilton-Cox, Jackson (Caroline), Lenox, Penny, Pritchard, Sinclair and Stubbins. (13).  

Councillor Thornberry was duly appointed Chair of the Planning  Regulatory Committee.

Two nominations were made for Chair of the Licensing Committee. Councillor Hartley was nominated by Councillor Wood, seconded by Councillor Robinson.

Councillor Gardiner was nominated by Councillor De La Mare, seconded by Councillor Guilding.

A recorded vote was requested in accordance with Council Procedure Rule 19.4.

The votes were recorded as follows:-

For Councillor Hartley:Councillors Anderson, Anderton, Askari, Bannon, Biddulph, Black, Bryning, Cleet, Clifford, Dennison, Greenall, Greenwell, Hartley, Hunter, Jenkins, King, Lenox, Lewis, Parr, Redfern, Robinson, Taylor, Thornberry, Whitaker, Whitehead, Wood and Young. (27)

For Councillor Gardiner: Councillor Austen-Baker, Budden, De La Mare, Gardiner, Guilding, Heath, Jackson (Caroline), Jackson (Joan), Matthews, Morris, Stubbins, Thomas and Wild. (13)

Abstentions:Councillors Boyd-Power, Brookes, Dant, Frea, Hamilton-Cox, Knight (Geoff), Knight (Sarah), Penny, Pritchard and Sinclair. (10)

Councillor Hartley was appointed Chair of Licensing Committee.

For the Personnel Committee, Councillor Wood was nominated  ...  view the full minutes text for item 17.