Apologies for absence were received from Councillors Colin Clark, Michael Titherington, Matthew Tomlinson, Margaret Smith, Phil Smith and Barrie Yates

Minutes of the Council meeting held on 21 March 2018 and the Annual Council meeting held on 15 May 2018

RESOLVED: (Unanimously)

That:

(1)          the minutes of the Council meeting held on 21 March 2018 be approved as a correct record subject to the references to Councillor John Bird in Minute No. 105 been amended to read Councillor David Bird; and

(2)          the minutes of the Annual Council meeting held on 15 May 2018 be approved as a correct record.

Members are requested to indicate at this stage in the proceedings any items on the agenda in which they intend to declare an interest.

No declarations of interest were made.

The Mayor thanked Members of the Council for attending the Annual Council Meeting held on 15 May 2018 and indicated that he looked forward seeing many Members at the Mayoral Banquet to be held on 18 May 2018.

The Mayor also reported that his Mayoral Civic Sunday would be held on 17 June 2018 and invitations would be sent to Members of the Council in the near future.

At the request of Councillor David Howarth, the Mayor agreed that a letter of congratulations be sent on behalf of the Council to Bamber Bridge Football Club following their promotion to the Evo-Stik NPL Premier Division.

The Mayor also asked Members to build on the good conduct that had been shown at recent Council meetings and asked for all Councillors to treat each other with dignity and respect in the coming municipal year.

Copy attached

The Council considered the draft minutes of the Standards Committee meeting held on 15 March 2018.

It was moved by Councillor Linda Woollard, seconded by Councillor Carol Chisholm and

RESOLVED: (Unanimously)

That the draft minutes of the Standards Committee meeting held on 15 March 2018 be noted.

Copy attached

The Council considered the draft minutes of the Cabinet meeting held on 11 April 2018.

It was moved by Councillor Peter Mullineaux, seconded by Councillor Cliff Hughes and

RESOLVED: (Unanimously)

That the draft minutes of the Cabinet meeting held on 11 April 2018 be noted.

Copy attached

The Council considered the draft minutes of the Scrutiny Committee meeting held on 12 April 2018.

It was moved by Councillor Colin Coulton, seconded by Councillor Susan Jones and

RESOLVED: (Unanimously)

That the draft minutes of the Scrutiny Committee meeting held on 12 April 2018 be noted.

Copy attached

The Council considered the draft minutes of the Governance Committee meeting held on 18 April 2018.

It was moved by Councillor Alan Ogilvie, seconded by Councillor James Patten and

RESOLVED: (Unanimously)

That the draft minutes of the Governance Committee meeting held on 18 April 2018 be noted.

 (a)      To note that Councillor Peter Mullineaux has submitted a notice to the Chief Executive indicating that he wishes to resign from the office of Leader of the Council with effect from the First Business Meeting of the Municipal Year on Thursday 17 May 2018; and

(b)       To appoint the Leader of the Council for the period until the First Business Meeting of the Municipal Year 2019/20.

The Mayor reported that Councillor Peter Mullineaux had submitted a notice to the Chief Executive indicating that he wished to resign from the office of Leader of the Council with effect from this meeting of the Council (First Business Meeting of the Municipal Year 2018/19).

Councillor Peter Mullineaux responded by addressing the Council. He thanked his Cabinet for their support and talked about the great achievements that the Council had made over the past two years despite some difficult circumstances.

It was then moved by Councillor Caroline Moon, seconded by Councillor Rebecca Noblet:

That Councillor Mary Green be appointed the Leader of the Council for the period of twelve months until the First Business Meeting of the Council to be held in May 2019.

Following debate and in accordance with Rule 16.4 in Part 4 of the Constitution, the voting on the Motion was recorded and the Members of Council present at the time, voted as follows:

FOR THE MOTION:

Councillors Warren Bennett, Carol Chisholm, Colin Coulton, Mary Green, Michael Green, Claire Hamilton, Jon Hesketh, Cliff Hughes, Jim Marsh, Caroline Moon, Jacqui Mort, Peter Mullineaux, Barbara Nathan, Michael Nathan, Michael Nelson, Rebecca Noblet, Alan Ogilvie, John Rainsbury, Susan Snape, David Suthers, Graham Walton, Karen Walton, Paul Wharton and Linda Woollard.

AGAINST THE MOTION:

Councillors Jane Bell, Renee Blow, Mal Donoghue, Bill Evans, Derek Forrest, Paul Foster, Harold Hancock, Mick Higgins, David Howarth, Ken Jones, Susan Jones, Keith Martin, Elizabeth Mawson, James Patten, Caleb Tomlinson, Ian Watkinson, David Watts, Jonathan Woodcock and David Wooldridge

ABSTENTION

Councillor David Bird

The Mayor declared that the Motion was carried by 24 votes to 19 with 1 abstention and it was

RESOLVED:

That Councillor Mary Green be appointed the Leader of the Council for the period of twelve months until the First Business Meeting of the Council to be held in May 2019.

Councillor Mary Green thanked the Council for appointing her as the Leader of the Council, gave thanks to the previous Leader, Councillor Mullineaux and his Cabinet team and hoped that they could all work well together in the future, to take the Council forward and get it back to being one of the best performing Councils in the country.

Report of the Leader of the Council to be circulated at the meeting

The Council considered the report of the new Leader of the Council which set out the following details of the membership of the Cabinet along with their portfolio responsibilities for 2018/19:

The report also provided details of the appointment of the following Member Champions, who would support the relevant Cabinet Member but not receive any remuneration. The expectation was that they would stay informed about the work and responsibilities of the Cabinet portfolio and work would be undertaken with direct responsibility and reporting back to the relevant Cabinet Member or the Leader of the Council. This would also build knowledge, experience and be a development opportunity for those Councillors who aspire to become a Cabinet Member.

The Leader of the Opposition, Councillor Paul Foster reported that he would appoint his shadow Cabinet in line with the new Cabinet roles and responsibilities.

RESOLVED: (Unanimously)

That the membership of Cabinet and portfolio responsibilities, and the Member Champions for 2018/19 be noted.

Report of the Assistant Director of Scrutiny and Democratic Services attached

The Council considered the report of the Assistant Director of Scrutiny and Democratic Services which provided details of the allocation of Committee Places in accordance with the Political Balance Rules and the proposed Membership of the Committees for 2018/19. An amended copy of the appendix to the report, setting out the revised appointments to the various committees for 2018/19 was circulated at the meeting.

It was moved by Councillor Mary Green, seconded by Councillor Caroline Moon:

That

(1)       the allocation of Committee Places in accordance with the Political Balance Rules, as set out in the report be noted;

(2)       the Members, Chairs and Vice-Chairs for the Committees as set out in the revised appendix to the report be appointed for a period of twelve months until the First Business Meeting of the Council to be held in May 2019; and

(3)       the Interim Monitoring Officer be authorised to amend the Constitution to take into account the changes to the number of members on the Committees referred to in Paragraph 7.5 of the report.

An amendment was moved by Councillor Paul Foster, (Leader of the Opposition), seconded by Councillor David Wooldridge that the vote on the Chairs and Vice Chairs of the General Licensing Committee and Licensing Act Committee be taken separately.

Councillor Peter Mullineaux asked for a short recess. Councillor Mary Green (Leader of the Council) indicated that she did not feel that was necessary and the Mayor subsequently refused the request.

Following debate and in accordance with Rule 16.4 in Part 4 of the Constitution, the voting on the amendment was recorded and the Members of Council present at the time, voted as follows:

FOR THE AMENDMENT:

Councillors Jane Bell, David Bird, Renee Blow, Mal Donoghue, Bill Evans, Derek Forrest, Paul Foster, Harold Hancock, Mick Higgins, David Howarth, Ken Jones, Susan Jones, Keith Martin, Elizabeth Mawson, Mike Nelson, James Patten, Caleb Tomlinson, Ian Watkinson, David Watts, Jonathan Woodcock and David Wooldridge.

AGAINST AMENDMENT:

Councillors Warren Bennett, Mary Green, Michael Green, Claire Hamilton, Jon Hesketh, Cliff Hughes, Caroline Moon, Jacqui Mort, Barbara Nathan, Mike Nathan, Rebecca Noblet, Alan Ogilvie, John Rainsbury, Susan Snape, David Suthers, Paul Wharton and Linda Woollard

ABSTENTION

Councillors Carol Chisholm, Colin Coulton, Jim Marsh, Peter Mullineaux, Graham Walton and Karen Walton

The Mayor declared that the amendment was carriedby 21 votes to 17 with 6 abstentions.

Councillor Foster addressed Council and indicated that the Labour Group did not consider Councillor Paul Wharton to be a “fit and proper person” to take the Chair of both Licensing Committee’s and felt that they could not support the proposal of the Leader of the Council.

Councillor Mary Green (Leader of the Council) responded by saying that it was unprecedented for the Council to vote against the Leader’s proposed appointments and urged members to consider this when voting as it could set a dangerous precedent for the future.

The Leader of the Council stated that she had submitted the appointments based upon the  ...  view the full minutes text for item 14.

Report of the Assistant Director (Scrutiny and Democratic Services)

The Council considered the report of the Assistant Director of Scrutiny and Democratic Services report relating to the appointment of the Chairs and Vice-Chairs of the Council’s My Neighbourhood Areas for 2018/19.

It was moved by Councillor Mary Green, seconded by Councillor Paul Wharton and

RESOLVED: (Unanimously)

That, the following appointments for the period of twelve months until the First Business Meeting of the Council in May 2019 be ratified:

Report of the Assistant Director (Scrutiny and Democratic Services) attached

The Council considered the report of the Assistant Director of Scrutiny and Democratic Services report relating to the appointment of representatives on Outside Bodies.

It was moved by Councillor Mary Green, seconded by Councillor Caroline Moon and

RESOLVED: (Unanimously)

That the representation on Outside Bodies as set out below be approved.

To note the Council Meetings scheduled to be held during 2018/19 are as follows:

·         25 July 2018

·         26 September 2018

·         5 December 2018

·         6 February 2019

·         27 February 2019 (Budget Meeting)

·         10 April 2019

It was moved by Councillor Mary Green, seconded by Councillor Caroline Moon and

RESOLVED: (Unanimously)

That it be noted the Council Meetings scheduled to be held during 2018/19 are as follows:

·         25 July 2018

·         26 September 2018

·         5 December 2018

·         6 February 2019

·         27 February 2019 (Budget Meeting)

·         10 April 2019

Report of the Specialist Consultant attached.

Further to Minute No. 84 of the meeting of the General Licensing Committee held on 10 April 2018, the Council considered the report of the Interim Deputy Chief Executive (Resources and Transformation) that presented a copy of the Licensing Annual Report for 2017/18. The report identified and documented the good work that had been undertaken by the General Licensing Committee and Licensing Act Committee.

In response to some members concerns regarding In-cab CCTV, the Mayor explained that this was something the Committee would consider in the future as part of a pan Lancashire approach on the issue.

It was moved by Councillor John Rainsbury, seconded by Councillor David Watt and

RESOLVED: (Unanimously)

That the Licensing Annual Report for 2017/18 be noted.

Report of the Specialist Consultant attached.

Further to Minute No. 83 of the meeting of the General Licensing Committee held on 10 April 2018, the Council considered the report of the Interim Deputy Chief Executive (Resources and Transformation) on the proposed adoption of a draft policy to ensure the safety of licensed vehicles which were subject to modification.

It was moved by Councillor John Rainsbury, seconded by Councillor David Watts and

RESOLVED: (Unanimously)

That:

(1)       the final version of the draft testing specification for modified vehicles, set out in Appendix 2 to the report be adopted and come into force on 1 July 2018: and

(2)       the decision originally made in principle by the General Licensing Committee on 17 October 2017, namely that any tests to ensure the safety of modified vehicles against the specification adopted in resolution (1) above, should be carried out solely by the Lancashire County Council facility at Bamber Bridge, be formally adopted.

Report of the Interim Monitoring Officer attached.

Further to Minute No. 61 of the meeting of the Governance Committee held on 18 April 2018, the Council considered the report of the Interim Monitoring Officer on the revised wording for the Access to Information Procedure Rules.

It was moved by Councillor John Alan Ogilvie, seconded by Councillor Jim Patten and

RESOLVED: (Unanimously)

That the revised Access to Information Procedure Rules as set out in Appendix A to the report be approved.

Report of the Interim Monitoring Officer attached.

Further to Minute No. 60 of the meeting of the Governance Committee held on 18 April 2018, the Council considered the report of the Interim Monitoring Officer on a suggested change to the Council’s Constitution regarding the procedure rules relating to Notices of Motion.

The existing Council Procedure Rules stipulated a deadline for the submission of Notices of Motion to be considered at a meeting of the Council, but this did not extend to any amendments to a Motion. At the Council meeting held on 22 November 2017 (Minute 52b refers), a Motion submitted by Councillor Ken Jones, sought an amendment to the procedure rules in the Constitution which would require 3 working days' notice of amendments to motions included in a Council agenda, was referred to the Governance Committee for consideration.

The Governance Committee had discussed the merits of introducing a deadline for the submission of an amendment, and whilst understanding the rationale it was felt on balance that the introduction of a deadline would remove flexibility and that members should continue to use the existing Council Procedure Rules.

It was moved by Councillor Alan Ogilvie, seconded by Councillor Karen Walton and

RESOLVED: (For: 30, Against: 13)

That no change be made to the Council’s Constitution regarding the procedure rules relating to Notices of Motion.