Agenda and minutes
Venue: Council Chamber, Town Hall, Accrington
Contact: Democratic Services Democratic Services (01254) 380116/380109/380184
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The meeting was opened by the retiring Mayor, Councillor Terry Hurn.
The Mayor welcomed all to the meeting, particularly those Members who were newly elected. He also reported that he had received a request from Councillor Marlene Haworth to make a brief statement before the main business on the agenda, to which he had agreed.
Councillor Haworth congratulated Councillor Hurn and the Mayoress, Mrs Jean Hurn, on their successful year. She then indicated that, in the light of the outcome of the local elections on 2nd May, she wished to formally announce the following:
(a) The retirement of the current Members of the Cabinet, with immediate effect; and
(b) Her resignation as Leader of the Council, with immediate effect.
Councillor Haworth recalled the high points of her year as Council Leader - the first female Leader of Hyndburn Borough Council. She expressed what privilege this had been. She thanked senior officers, her Conservative colleagues and Opposition members for their support over the last year.
Throughout her tenure she had always tried to do what was right for Hyndburn and anticipated that the work undertaken would yield transformative results in the longer term. She vowed that the Conservative group would be an active Opposition, but would work positively with the new controlling group.
She explained that her recent health issues had made it difficult to continue as Leader of the Conservative Group on the Council and confirmed her resignation following the Conservative Group’s AGM yesterday. She was very pleased to announce the election of her successor, Councillor Zak Khan, as the new Leader of the Conservative Group and wished him well for the future. She also extended her best wishes to her successor in the role of Leader if the Council.
Councillor Munsif Dad BEM JP, Leader of the Labour group, thanked Councillor Haworth for her service and wished well for the future.
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Election of Mayor 2024/25 To elect the Mayor of the Borough for the Municipal Year 2024/25.
It is a statutory requirement to appoint the Mayor as the first item of business. The ceremonial handing over to the new Mayor will take place at the Mayor-Making Council meeting on Saturday, 29th June 2024 at 10.30am in the Council Chamber. Minutes: It was proposed by Councillor Munsif Dad BEM JP and seconded by Councillor Noordad Aziz, that Councillor Mike Booth be elected Mayor of the Borough of Hyndburn for the Municipal Year 2024/25.
Councillor Dad spoke about Councillor Booth’s personal history in support of his nomination. He also thanked Councillor Terry Hurn and Mrs Jean Hurn for their service as Mayor and Mayoress in 2023/24.
The Mayor then asked if there were any other nominations for Mayor. Councillor Haworth spoke to express deep disappointment that Councillor Joyce Plummer, Deputy Mayor in 2023/24, had not been proposed as new Mayor, as she had served dutifully on the Council for many years.
It was proposed by Councillor Marlene Haworth and seconded by Councillor Loraine Cox, that Councillor Joyce Plummer be elected Mayor of the Borough of Hyndburn for the Municipal Year 2024/25.
A number of Members indicated their wish to speak, however the Mayor was satisfied that the issue had been sufficiently debated and that matter should proceed to the vote. The Mayor considered that the nominations should be taken in alphabetical order (by surname). Accordingly, the nomination of Councillor Mike Booth was taken first.
The nomination was put to the VOTE and was CARRIED.
Resolved - That, in pursuance of Section 23 of the Local Government Act 1972, Councillor Mike Boothbe elected to the Office of Mayor of the Borough of Hyndburn for the Municipal Year 2024/25.
A short adjournment was called, whereupon the retiring Mayor, Mr Terry Hurn and the newly-elected Mayor, Councillor Mike Booth, along with the Leaders of the political groups present and Chief Executive left the Council Chamber.
Following the adjournment, Councillor Booth took his place in the Mayor’s seatand the retiring Mayor attached the Mayoral Fob to the Chain now worn by the newly-elected Mayor. Councillor Booth then read aloud and signed the Declaration of Acceptance of Office of Mayor.
Councillor Booth then formally thanked the retiring Mayor and Mayoress, whom he and his late wife he had known for many years and in more recent times to whom had chatted about Hyndburn and the Mayoralty while walking their dogs together in the park. The Mayor announced that with the support of his family and his partner, Christine Sollis, as Mayoress, he hoped to ably follow in their footsteps by serving the people of Hyndburn well.
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Election of Deputy Mayor 2024/25 To elect a Deputy Mayor of the Borough for 2024/25. Minutes: The Mayor invited nominations for the election of Deputy Mayor of the Borough of Hyndburn for the Municipal Year 2024/25. It was proposed by Councillor Marlene Haworth and seconded by Councillor Zak Khan that Councillor Josh Allen be elected to the Office of Deputy Mayor.
Resolved - That, in pursuance of Section 24 of the Local Government Act 1972, Councillor Josh Allen be elected to the Office of Deputy Mayor of the Borough of Hyndburn for the Municipal Year 2024/25.
Councillor Allen then read aloud and signed the Declaration of Acceptance of Office of Deputy Mayor.
Councillor Munsif Dad BEM JP congratulated the Deputy Mayor. He reminisced about serving with, and his respect for (former councillor) Lisa Allen, Councillor Allen’s late mother. He pledged the controlling group’s support for his nomination as Mayor in 2025/26.
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Apologies for absence Minutes: Apologies for absence were submitted on behalf of Councillors Paul Cox and Peter Edwards. Informal apologies were also noted on behalf of Councillor Tina Walker who had to leave the meeting early and for Councillor Kath Pratt whose arrival was delayed slightly due to an emergency.
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Declarations of Interest and Dispensations Minutes: There were no declarations of interest or dispensations submitted.
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Announcements a) Mayor b) Leader of the Council c) Chief Executive Minutes: There were no announcements by the Mayor or Chief Executive on this occasion.
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Confirmation of Minutes To confirm as correct records the minutes of the Council meetings held on 27th February and 7th March 2024. Additional documents: Minutes: The Minutes of the meetings of the Council held on 27th February and 7th March 2024 were submitted for approval as correct records.
The Mayor ruled that a comment raised by Councillor Clare Pritchard in relation to the alleged behaviour of a former councillor was not within the scope of the debate permitted in relation to approval of the minutes.
Resolved - That the Minutes of the Council meetings held on the 27th February and 7th March 2024 be approved as correct records.
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Appointment of the Council Leader 2024/25 Report attached. Minutes: Council was asked to appoint a Leader of the Council for a one-year term, from this meeting until the Council’s Annual Meeting in May 2025.
In December 2010, the Council had adopted the Leader and Cabinet model of governance, in accordance with the Local Government and Public Involvement in Health Act 2007. Under that arrangement, Council would elect a Leader for a four-year term. The Localism Act 2011 had subsequently taken out the requirement for the Leader to be elected for a four-year term, leaving the duration of tenure to local choice. However, at that time the Council had determined to continue with its existing governance arrangements whereby the Leader would be elected for a four-year term.
It was now recommended that the Leader be elected for a one year term.
A nomination for Councillor Munsif Dad BEM JP was MOVED and SECONDED.
Resolved - That Councillor Munsif Dad BEM JP be elected Leader of the Council for a one year period, with his term of office ending at the Council’s Annual Meeting in May 2025.
The new Leader of the Council, Councillor Dad, delivered a short speech, in which he made the following comments. The role was a heavy load, but he intended do his very best and to make his family proud. He accepted the role with immense gratitude and humility. He had first arrived in the Borough in 1969, with a sense of hope about the future and, at that time living in Great Harwood, he had been made to feel welcome. The Borough had become his home and his roots were firmly planted here. He thanked the residents of Springhill ward, who had had continued to support him as their councillor. The new administration now faced lots of challenges to create a better place for residents. He thanked the electorate for their support in May and pledged to serve them well.
The Leader also personally wished the new Leader of the Opposition well and would be open to constructive discussion at any time. He also reported that Councillor Melissa Fisher would be appointed as the statutory Deputy Leader of the Council. Further details of portfolio responsibilities would be available at the first meeting of the new Cabinet.
Councillor Zak Khan offered his congratulations to the new Leader and thanked the officers and Councillor Howarth for their hard work. He considered that the previous administration had set a sound foundation for what was to follow, including securing significant financial investment, and he pledged to lead a respectful Opposition, which would challenge policies, as necessary, whilst treating individual councillors courteously.
Councillor Fisher congratulated the new Mayor, the new Leader of the Opposition and the retiring Mayor and Mayoress. She thanked Councillor Dad for appointing her as his statutory Deputy Leader. She also welcomed all of the new councillors to the Chamber.
Councillor Shabir Fazal also paid his respects to new appointees and hoped that Council meetings would not be dominated by debate across the two main ... view the full minutes text for item 7. |
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Declaration of the Returning Officer for the local elections on 2nd May 2024 Report attached. Minutes: The declaration of the Returning Officer of those elected at the local elections held on 2nd May 2024 was submitted as follows:-
The Mayor repeated his welcome to all new Members and wished them well in their new role. He also placed on record his thanks to those former councillors departing in 2024 and wished them well for the future.
Resolved - To note the list of councillors elected on 2nd May 2024.
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Appointment of Committees, Sub-Committees, Panels and Working Groups 2024/25 Report attached. Minutes: The Leader of the Council submitted proposals for the appointment of Committees, Sub-Committees, Panels and Working Groups for the Municipal Year 2024/25, including the terms of reference for those bodies. Proposals for the political balance were tabled at the meeting as an addendum to sections 3, 4 and 5 of the report. The addendum also included Appendices 1 and 2 (terms of reference), and Appendix 3 (the proposed membership of those bodies).
Councillor Steven Smithson asked if the Net Zero Working Group would continue to meet. Councillor Munsif Dad confirmed that the body would continue. The Chief Executive clarified that, as this was a Cabinet working group, its appointment and membership would need to be determined by the Cabinet.
Councillor Judith Addison queried whether the allocation of seats on the various overview and scrutiny committees (5:2:0:0) represented best practice, given their role in scrutinising the Cabinet. The Chief Executive clarified that the allocation of seats was a function of the political balance calculation and proportionality rules.
Resolved (1) That the terms of reference of Council, Cabinet and other constituted bodies, as outlined in Appendices 1 and 2 of the report be approved.
(2) That the political composition of Committees and Sub-Committees of the Council, as set out in Paragraph 4.5 of the addendum to the report, be approved.
(3) That the membership of those Committees and Sub-Committees and the proposed Chairs and Vice-Chairs, as set out in Appendix 3, be approved and that, where any such details are not available at the meeting, the Chief Executive be authorised to approve the membership in consultation with the leaders of the relevant political groups and in the case of Independent Members in consultation with those Members directly.
(4) That the membership of Panels and Working Groups, together with the proposed Chairs, as set out in Appendix 3, be approved.
(5) That a Councillor unable to attend a meeting, of which he/she is a member, be authorised to appoint a Councillor not serving on that particular Committee, Sub-Committee, Panel or Working Group to act as a substitute in accordance with Council Procedure Rule A26.8.
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Appointment of Aldermen & Appointment of Co-optees to the Overview & Scrutiny Committees Report Attached. Minutes: A report was provided proposing the appointment of aldermen and the appointment of new co-optees to the Council’s Overview & Scrutiny Committees.
Aldermen Appointments
To qualify for appointment as an aldermen the proposed recipient must have rendered eminent services to the Council as a past member of the Council, but must not currently be a member of the Council (section 249(1) Local Government Act 1972).
The proposed recipients (former councillors Colette McCormack, Mohammad Ayub, Timothy O’Kane and Terry Hurn) all had lengthy and distinguished former service with the Council and all were former Mayors of the Borough. As such, they were all considered to meet the eligibility criteria.
Councillors Judith Addison and Josh Allen expressed disappointment that (former councillor) Peter Britcliffe had not been proposed as an alderman in view of his service of 34 years as a councillor. Both hoped that he would be considered for nomination in some future year. Councillor Aziz responded that the current nominees had been put forward by the main political parties, represented diversity and were from across the Borough geographically. All four were deserving of the honour. Councillor Dad indicated that nominations were normally discussed at the Leader’s Policy Development Board. This year’s nomination from the Conservative group was Councillor Hurn. Other nominations could be considered at future meetings. Councillor Haworth indicated that some clarity around the selection process for aldermen would be useful. Councillor Dad reiterated that this was a matter for discussion at the Leader’s Policy Development Board, along with the appointment of freemen. It was hoped to convene a meeting of this body in June.
Appointment of co-optees to the Overview and Scrutiny Committees
The Council’s usual practice when appointing (non-voting) co-optees to its Overview & Scrutiny Committees was to seek applications from interested members of the public who had qualifications and / or experience that aligned with the remit of the relevant Committee. The Overview and Scrutiny Committee would next consider the applications received and make recommendations to Council in respect of the individuals proposed for appointment, usually for a term of 2 years. The appointments would then be made by Council, having regard to the relevant Committee’s recommendations.
The Council’s constitution currently permitted up to four co-optees to be appointed to the Resources Overview and Scrutiny Committee and also to the Communities Overview and Scrutiny Committee. The constitution permitted up to two co-optees to be appointed to the Special Scrutiny Committee. It was proposed that the recruitment process be commenced as quickly as possible, to permit the early appointment of new co-optees.
Resolved (1) That in accordance with Section 249(1) of the Local Government Act 1972, the Council appoint the following as aldermen: Mr Mohammad Ayub, Mr Timothy O’Kane, Mrs Colette McCormack and Mr Terry Hurn, with the formal presentation to be made at the Mayor Making Council on 29th June 2024, or should that not prove possible due to the unavailability of the recipient, at some stage during the remainder ... view the full minutes text for item 10. |
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Appointments to Outside Bodies 2024/25 Report attached. Minutes: A report relating to the appointment of Council representatives to Outside Bodies and Organisations for the Municipal Year 2024/25 was submitted for approval.
In accordance with the Council’s Procedure Rule A1.2(x), the Council was required to receive nominations and make appointments to outside bodies and organisations, except where appointment to those bodies had been delegated by the Council or was exercisable only by the Executive.
The full list of bodies and the nominations was tabled as Appendix 1 by way of an addendum at the meeting. The addendum also included updated information in respect of Paragraph 3.4 of the report as follows:
There were five changes recommended to be applied to the list for 2024/25, which were as follows:
Resolved - That the appointments to Outside Bodies and Organisations for the Municipal Year 2024/25, as set out in Appendix A to the report, be approved.
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Scheme of Delegation to Officers 2023/24 Report attached. Additional documents: Minutes: The Council’s constitution required that the scheme of delegation to officers was approved each year at the Annual Meeting. It was also good practice to review the scheme of delegation regularly to keep it up to date. This helped to ensure that the Council’s decision-making processes operated as effectively as possible and in accordance with legal requirements.
The proposed scheme of delegation for 2024/25 was set out in Schedule 1 to the report. The changes this year were minor and related to:
Resolved - That the Council agrees the scheme of delegation to officers, as set out in Schedule 1 to the report.
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Review of the Constitution Report attached. Additional documents:
Minutes: Members considered a report of the Executive Director (Legal and Democratic Services) on a review of the constitution. The Council was required by law to have a written constitution. The Council’s written constitution was reviewed regularly and a copy of the constitution was available on the Council’s website.
A review of the constitution was undertaken annually to:
(i) ensure the constitution accurately reflected the Council’s political management arrangements; and (ii) ensure the constitution reflected changes to the law, staffing structures and best practice guidance.
As a result of the annual review a number of amendments to the constitution had been proposed for approval as follows:
Articles of the Constitution
The “Articles” were intended to be a relatively plain English, customer friendly summary of the Council’s constitution. The version attached at Appendix 1 had been amended to take account of the changed governance arrangements proposed at the Annual Meeting, such as the removal of Altham Parish Council representatives from the Standards Committee and the changed term of office of the Council Leader from four years to one.
Anti-Fraud and Corruption Policy, Criminal Facilitation of Tax Evasion Policy and Anti- Money Laundering Policy
These polices were reviewed and updated periodically by the Head of Internal Audit to ensure that the Council’s procedures continued to reflect good practice in preventing and detecting fraud and other financial irregularities. A review had been undertaken recently, although the only changes needed were to reflect changes to the Council’s external auditor and to remove references to former employees, such as the previous Section 151 Officer, Mr McIntyre.
Council Procedure Rules
The new controlling group had proposed changes to the Council Procedure Rules, which were the rules of procedure for Council meetings. The amended Procedure Rules were attached at Appendix 3 to the report, with the changes shown in red. Members would soon be sent details of training on the rules for full Council meetings, which might be helpful for newly and recently elected councillors.
Co-optees to Audit Committee
CIPFA was urging all local authorities to appoint at least two independent persons (i.e. non-councillors) to serve on their Audit Committees to provide “technical expertise” and the CIPFA practical guidance for local authority Audit Committees suggested that this was a beneficial practice. A number of Lancashire Districts had already chosen to appoint independent members to their Audit Committees and it was likely that it would become a mandatory requirement at some point. The appointment of independent co-optees had also been a recommendation when the Council’s Internal Audit Team had been externally assessed against the Internal Audit Standards in November 2022. It was therefore suggested that the Leader’s Policy Development Board be asked to consider the latest national guidance and the approach adopted elsewhere and then to report back to Council with recommendations.
Councillor Shabir Fasal encouraged all councillors to read both the scheme of delegation (Minute 12 refers) and the above documents proposing amendments to the constitution. He also asked if councillors could receive a brief presentation ... view the full minutes text for item 13. |
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Annual Review of the Planning and Licensing Codes of Practice Report attached. Additional documents: Minutes: A report seeking approval of the Planning and Licensing Codes of Practice following an annual review of the same was submitted. Local Authorities were recommended, as a matter of good practice, to supplement their Member Code of Conduct with specific Codes of Practice to assist Members involved in the planning and licensing processes. These were complex areas, involving quasi-judicial decision-making and the codes were designed to give members guidance about dealing with the difficult issues that could arise – such as conflicts of interest, dealing with applicants, possible bias and predetermination, etc.
The codes had been more significantly amended last year and therefore only a few, minor changes to the codes were proposed this year. A couple of changes were intended to put the code into plainer English and greater guidance regarding the usage of social media had been added.
In accordance with the Council’s new Member Development Strategy 2023-2027, members sitting on the Planning, Licensing and Judicial Committees were required to have undergone training each year before they served on the relevant Committee and took part in decision making.
It was intended that all members serving on the Planning, Licensing and Judicial Committees would receive training in respect of their respective code of practice as soon as possible after approval of the codes of conduct. These sessions would be as short and informal as possible and would be delivered by Legal Services staff and their Planning and Licensing colleagues at no additional cost to the Council.
Resolved (1) That Council approves the Planning Code of Practice and Licensing Code of Practice as appended to the report.
(2) That Council notes that training will be arranged for all members of the Planning and Judicial Committees in respect of their respective code of practice as soon as possible in the new municipal year and requires all members of those Committees to attend training prior to serving on the relevant Committee in the new municipal year.
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Timetable of Meetings 2024/25 To approve the Timetable of Meetings for the Municipal Year 2024/25 (attached). Minutes: The proposed Timetable of Meetings for 2024/25 was submitted for approval. It was noted that there was some flexibility around agreed dates, subject to consultation with Chairs, Vice-Chairs and the political party leaders about any in-year changes.
Councillor Munsif Dad indicated that officers had been requested to bring forward the start time of the Council meeting on 27th March 2025 to 4.00pm, so as not to clash with Iftar (the breaking of the fast) during Ramadan. Meetings of the Planning Committee would also change from 3.00pm to start at 4.00pm throughout the Municipal Year.
Councillor Addison asked whether the date of the Mayor Making Council meeting on 29th June 2024 had been reviewed in the light of the General Election on 4th July 2024. The Chief Executive responded that this had been considered. The date of the General Election did not impact directly on Council meetings and the planning and organisation of the Mayor Making event would need to commence in early June. There was no reason to believe that such a celebratory event would serve as a political platform in contravention of the rules applicable during the period of heightened sensitivity.
Resolved - That, subject to the following amendments:
(a) Council on 27th March 2025 commencing at 4.00pm; and (b) All Planning Committee meetings commencing at 4.00pm,
the Timetable of Meetings for 2024/25 be approved.
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Record of Attendance at Council Meetings 2023/24 Report attached. Minutes: A report relating to the annual attendance of Members at Council meetings held in 2023/24 was submitted for information. The report, detailing the attendance of Councillors at eligible meetings of the Council, was submitted each year to the Annual Meeting of the Council.
Resolved - That the report be noted.
Councillor Kate Walsh announced that she had recently taken a period of maternity leave due to the birth of her second child while in office. She thanked her councillor colleagues and officers for their understanding and support, which was a credit to the Council.
The Mayor thanked everyone for their attendance and looked forward to seeing Members at the Mayor Making Council and celebration on Saturday 29th June 2024.
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