Agenda and minutes

(First Business Meeting), Council
Thursday, 17th May, 2018 6.00 pm

Venue: Shield Room, Civic Centre, West Paddock, Leyland, PR25 1DH

Contact: Dianne Scambler  Email: dscambler@southribble.gov.uk

Items
No. Item

7.

Apologies for Absence

Minutes:

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

8.

Minutes of Previous Meetings pdf icon PDF 112 KB

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

Additional documents:

Minutes:

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.

9.

Declarations of Interest

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

Minutes:

No declarations of interest were made.

10.

Mayor's Announcements

Minutes:

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.

11.

Report of Cabinet and Committees:

11a

Minutes of the Standards Committee held on 15 March 2018 pdf icon PDF 71 KB

Copy attached

Minutes:

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.

11b

Minutes of the Cabinet meeting held on 11 April 2018 pdf icon PDF 93 KB

Copy attached

Minutes:

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.

11c

Minutes of the Scrutiny Committee meeting held on 12 April 2018 pdf icon PDF 86 KB

Copy attached

Minutes:

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.

11d

Minutes of the Governance Committee meeting held on 18 April 2018 pdf icon PDF 89 KB

Copy attached

Minutes:

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.

12.

Leader of the Council

 (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.

Minutes:

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.

13.

Appointment of Deputy Leader and Members of the Cabinet 2018/19

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

Minutes:

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:

 

Cabinet Portfolio

Cabinet Member

Deputy Leader of the Council and Cabinet Member – Public Health, Leisure and Wellbeing

Councillor Caroline Moon

Cabinet Member – Assets and Transformation

Councillor Warren Bennett

Cabinet Member – Corporate Support and Community Engagement

Councillor Michael Green

Cabinet Member – Environment and Community Safety

Councillor Graham Walton

Cabinet Member - Finance

Councillor Susan Snape

Cabinet Member – Strategic Planning, Housing and Economic Growth

Councillor Cliff Hughes

 

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.

 

Member Champion

Member

Armed Forces

Councillor Alan Ogilvie

Economic Development and Skills

Councillor David Suthers

Member Development

Councillor Jacqueline Mort

Older People

Councillor Karen Walton

Rural Communities

Councillor Rebecca Noblett

Safeguarding

Councillor Barbara Nathan

Streetscene and Neighbourhood Improvements

Councillor Paul Wharton

Young People and Community Safety

Councillor Michael Nathan

 

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.

14.

Appointment of Committees 2018/19 pdf icon PDF 78 KB

Report of the Assistant Director of Scrutiny and Democratic Services attached

Additional documents:

Minutes:

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.

15.

Appointment of My Neighbourhood Area Chairs and Vice Chairs 2018/19 pdf icon PDF 77 KB

Report of the Assistant Director (Scrutiny and Democratic Services)

Minutes:

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:

 

Neighbourhood Area

Chair

Vice Chair

Central

Councillor Jacqueline Mort

Councillor Cliff Hughes

Eastern

Councillor Mike Nelson

Councillor Jim Marsh

Leyland

Councillor Jane Bell

Councillor Susan Jones

Penwortham

Councillor Keith Martin

Councillor Harry Hancock

Western Parishes

Councillor Colin Coulton

Councillor John Rainsbury

 

16.

Appointment of Representatives on Outside Bodies 2018/19 pdf icon PDF 79 KB

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

Additional documents:

Minutes:

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.

 

Outside Body

 

No of Reps

Existing Representative(s)

 

Term of Office Expires

Armed Forces Member Champion

 

1

Councillor Alan Ogilvie

May 2019

Balshaw’s Church of England High School Educational Foundation

 

1

Councillor Caroline Moon

May 2019

Central Lancashire Health and Wellbeing Partnership

 

1

Cabinet Member (Public Health, Leisure and Wellbeing)

 

May 2019

Central Lancashire Strategic Planning Joint Advisory Committee

3

Cabinet Member (Strategic Planning, Housing and Economic Growth)

 

Chair of Planning Committee

(Councillor Jon Hesketh)

 

Member Champion (Rural Communities)

 

Substitutes: Leader of the Council and Member Champion (Economic Development and Skills)

 

May 2019

Chorley, South Ribble and West Lancashire Children’s Partnership Board

 

1

Cabinet Member (Public Health, Leisure and Wellbeing)

 

May 2019

Council for the Protection of Rural England - Lancashire Branch

 

1

Councillor David Bird

May 2019

Higher Walton Community Centre Management Committee

1

Councillor Barrie Yates

 

May 2019

 

Lancashire County Council Health Scrutiny Committee

 

1

Chair of Scrutiny Committee

(Councillor Matthew Tomlinson)

May 2019

Lancashire Police and Crime Panel

 

1

Member Champion (Young People and Community Safety)

 

May 2019

Lancashire Teaching Hospitals NHS Foundation Trust - Council of Governors

1

Cabinet Member (Public Health, Leisure and Wellbeing)

May 2019

Lancashire Waste Partnership

 

1

Cabinet Member (Environment and Community Safety)

May 2019

Lancashire West Citizens’ Advice Bureaux – Board of Trustees

 

1

Councillor Susan Snape

May 2019

Local Authority Elected Member Older People’s Champions – North West of England Network

 

1

Member Champion (Older People)

May 2019

Local Government Association - District Councils Network

 

2

Leader of the Council and

Chief Executive

 

May 2019

Local Government Association - General Assembly

 

1

Leader of the Council

May 2019

North West Local Authorities’ Employers’ Organisation

 

1

Leader of the Council

 

(Substitute: Deputy Leader of the Council)

May 2019

Preston and South Ribble Fairtrade Steering Group

 

1

Councillor Michael Green

May 2019

Preston, South Ribble and Lancashire City Deal Executive and Stewardship Board

 

 

Leader of the Council and

Chief Executive

 

(Observer: Councillor Cliff Hughes)

May 2019

Safer Chorley and South Ribble Community Safety Partnership – Responsible Authorities Group

1

Cabinet Member (Environment and Community Safety)

 

May 2019

South Ribble Community Leisure Trust Board

 

1

Cabinet Member (Public Health, Leisure and Wellbeing)

May 2019

South Ribble Partnership

 

1

Leader of the Council

May 2019

Springfields Fuels Limited Site Stakeholder Group

 

2

Cabinet Member (Public Health, Leisure and Wellbeing)

Mr Melvyn Gardner (non-voting)

May 2019

Trustees of Alice Rowlinson’s Charity

 

 

4

Councillors Jane Bell, Mary Green and Michael Green, and Mrs Carole Titherington

May 2019

Wellbeing, Prevention and Early Help Service – South Ribble District Advisory Board

 

1

Cabinet Member (Public Health, Leisure and Wellbeing)

 

(Substitute: Member Champion (Young People and Community Safety)

 

May 2019

 

17.

Council Meetings 2018/19

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

Minutes:

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

18.

Licensing Annual Report 2017/18 pdf icon PDF 81 KB

Report of the Specialist Consultant attached.

Additional documents:

Minutes:

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.

 

19.

Draft Policy / Testing Requirements to Ensure the Safety of Licensed Vehicles which have been Subject to Modification pdf icon PDF 106 KB

Report of the Specialist Consultant attached.

Additional documents:

Minutes:

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.

20.

Access to Information Procedure Rules pdf icon PDF 96 KB

Report of the Interim Monitoring Officer attached.

Additional documents:

Minutes:

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.

 

21.

Notices of Motion pdf icon PDF 94 KB

Report of the Interim Monitoring Officer attached.

Additional documents:

Minutes:

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.