Agenda and minutes
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Apologies for Absence Minutes: Apologies for absence were submitted on behalf of Councillors Peter Britcliffe, Sajid Mahmood and on behalf of Councillor Munsif Dad BEM JP, who was a standing invitee as Leader of the Labour Group.
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Declarations of Interest and Dispensations Minutes: There were no reported declarations of interest or dispensations.
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To approve the Minutes of the last meeting of Cabinet held on 27th July 2023. Minutes: The minutes of the meeting of the Cabinet held 27th July 2023 were submitted for approval as a correct record.
Councillor Noordad Aziz, Joint Deputy Leader of the Labour Group, asked about progress in respect of the weekend burial service (Minute 99 – Reports of Cabinet Members refers). Councillor Smithson, Deputy Leader and Portfolio Holder for Environmental Services, indicated that the service was almost ready to launch. The Council had now finalised its arrangements, however some queries had been raised by the mosques’ funeral director leads and a meeting with them had subsequently been arranged.
Resolved - That the Minutes be received and approved as a correct record.
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Reports of Cabinet Members To receive verbal reports from each of the Portfolio Holders, as appropriate. Minutes: There were no verbal updates provided on this occasion. |
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Amendment to Taxi Licensing Policy Report attached. Additional documents:
Minutes: The Cabinet considered a report of Councillor Sajid Mahmood, Portfolio Holder for Communities, Health and Wellbeing, seeking approval for the amendment of the rules, regulations and procedures for hackney carriage and private hire licensing in relation to a number of matters.
In the absence of Councillor Mahmood, Councillor Loraine Cox, Portfolio Holder for Leisure Transformation & Leisure Trust, outlined the main proposals in the report which related to the following:
Councillor Mohammed Younis, Portfolio Holder for Levelling Up, thanked Councillors Mahmood and Cox. Drivers continued to ask when the changes would be implemented.
Councillor Fisher asked if the Council knew how many drivers were qualified to administer first aid. The Leader agreed to ask the Licensing Manager to provide this information, if it was known.
Approval of the report was not deemed a key decision.
Reasons for Decision
The Portfolio Holder with responsibility for licensing had recently contacted the Licensing Manager and asked her to consult on the following proposals:
Vehicle Testing Frequency
The Council were responsible for setting the vehicle testing frequency for hackney carriage and private hire vehicles, which in turn determined the period of the licence that was issued. Currently vehicles under the age of 2 years were tested annually and issued with a 12 month licence. Vehicles between the age of 2 years and 10 years were tested every 6 months and issued with a 6 month licence and vehicles over the age of 10 years were tested every 4 months and issued with a 4 month licence, however if the vehicle passed its test the first time on three occasions it would receive a 6 month licence on the third occasion. Cabinet had approved the latter change in March 2023. If the vehicle then subsequently failed its test on two consecutive occasions, it reverted to a 4-month test. The Cabinet at that time had been given the option to allow all vehicles to be tested every 6 months in line with this current request, however at that time Cabinet determined that they would not pursue that option.
The current proposal was that all vehicles over the age of 2 years and up to the age of 15 years be tested twice a year and be issued with a licence for 6 months at a time. This change would only affect vehicles between the age of 10 and 15 years old, as the amendment if approved would extend the current condition that applied to vehicles up to the age ... view the full minutes text for item 135. |
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Domestic Abuse Act 2021 New Burdens Funding: Award of Grant to HARV Outreach Team Report attached. Additional documents: Minutes: The Cabinet considered a report of Councillor Kath Pratt, Portfolio Holder for Housing and Regeneration, seeking approval to enter into a grant agreement with HARV Outreach Team for the support of victims of domestic abuse in Hyndburn.
Councillor Pratt outlined the main elements of the report.
Councillor Melissa Fisher commented that the Labour group also welcomed the proposals.
Approval of the report was not deemed a key decision.
Reasons for Decision
The Domestic Abuse Act 2021 (the Act) came into force on the 1 October 2021. The Act placed a new duty on local authorities to ensure that all victims of domestic abuse, including children, had access to safe accommodation and support when they needed it. It included a wide range of provisions intended to raise awareness and understanding about the devastating impact of domestic abuse on victims and their families.
The Act was supported by statutory guidance and required local authorities to have regard to the guidance when carrying out its functions under the Act. The guidance distinguished between what it described as Tier 1 (upper tier local authorities) and Tier 2 local authorities (district councils). This legislation and guidance placed a duty on what it described as “Tier 1” local authorities relating to the provision of support to victims of domestic abuse and their children residing within safe accommodation. The Act therefore placed a duty on Tier 1 authorities to provide accommodation-based support to victims of domestic abuse and their children in refuge and other safe accommodation. The Act and guidance required “Tier 2” authorities to cooperate with the upper tier authority so far as reasonably practicable when requested to do so. Hyndburn Borough Council as a Tier 2 local authority was therefore required to cooperate with Lancashire County Council, the Tier 1 local authority.
The Act and supporting guidance placed the provision of safe accommodation and domestic abuse support as central to the duties; this included advocacy support, preventative advice, and specialist support for victims with protected characteristics, support for children including play therapy and child advocacy, housing related support, and counselling for adult victims and children. Safe accommodation included refuge, specialist safe accommodation, dispersed accommodation, sanctuary schemes and move-on accommodation, but did not include generic bed and breakfast homeless units/hostels not dedicated to safe provision for domestic abuse victims.
Part 4 of the Act 2021 and guidance set out four key duties:
I. Relevant Local Authorities (in this case Lancashire County Council) were required to convene a multi-agency Domestic Abuse Local Partnership to support them in performing certain specified functions. These were:
- Assessing the need and demand for accommodation-based support for all victims and their children (needs assessment). - Developing and publishing a strategy for the provision of safe accommodation support to cover the locality and diverse groups of victims. - Giving effect to strategies by making commissioning/de-commissioning decisions. - Meeting the support needs of victims and their children in safe accommodation. - Monitoring and evaluating local delivery. - Reporting back to central Government and ... view the full minutes text for item 136. |
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Armed Forces Covenant Report attached. Additional documents:
Minutes: Members considered a report of Councillor Danny Cassidy, Armed Forces Champion,informing Cabinet of the implications of the Armed Forces Act 2021, passed by Government in November 2022 and seeking approval to sign the Armed Forces Covenant Pledge.
Councillor Cassidy highlighted the main issues set out within the report.
Councillor Noordad Aziz expressed disappointment that the matter had not been presented to a meeting of the full Council. David Welsby, Chief Executive, advised that the decision had to be taken by the Cabinet and could not be taken by the Council.
Approval of the report was not deemed a key decision.
Reasons for Decision
Armed Forces Act
From 22 November 2022, councils, NHS Trusts and other local bodies across the UK providing services to the Forces community, would be required to adhere to a new legal duty that reflected the key values of the Armed Forces Covenant. Councils would now be required to consider how their decision-making impacted upon members of the Armed Forces community, under a new duty introduced. There were now implications for councils as new legal powers and duties to support Armed Forces families and veterans were in force.
The Armed Forces Act would enshrine the Armed Forces Covenant in law and help prevent service personnel and veterans being disadvantaged when accessing services like healthcare, education and housing and also improve the Service Justice System for ex-service personnel wherever they were operating.
The Armed Forces Act imposed a duty for Local Authorities (amongst others) to have due regard to the principles of the Armed Forces Covenant, as follows:
(a) the unique obligations of, and sacrifices made by, the armed forces;
(b) the principle that it was desirable to remove disadvantages arising for service people from membership, or former membership, of the armed forces; and
(c) The principle that special provision for service people might be justified by the effects on such people of membership, or former membership, of the armed forces.
The Council had to have regard to the duty when exercising “relevant housing functions”, which were defined as functions under:
(a) Part 6 of the Housing Act 1996 (allocation of housing accommodation);
(b) Part 7 of the Housing Act 1996 (homelessness: England);
(c) Part 1 of the Housing Grants, Construction and Regeneration Act 1996 (grants, etc for renewal of private sector housing);
(d) Section 1 of the Homelessness Act 2002 (duty of local housing authority in England to formulate a homelessness strategy) and Homelessness Reduction Act 2017;
(e) Section 150 of the Localism Act 2011 (tenancy strategies);
(f) Regulation 3 of the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860) (power of local housing authorities to provide assistance), so far as that regulation dealt with the provision of financial assistance for a purpose corresponding to any purpose specified in section 23 of the Housing Grants, Construction and Regeneration Act 1996 (disabled facilities grants: purposes).
The following housing functions were applicable to the Council:
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Overview & Scrutiny Work Programme Report attached. Minutes: Members considered a report of Councillor Paddy Short, Chair of the Resources Overview and Scrutiny Committee; Councillor Peter Edwards, Chair of the Communities and Wellbeing Overview and Scrutiny Committee; and Councillor Josh Allen, Chair of the Special Scrutiny Committee, asking Cabinet to consider and provide comments on the work programme for Overview and Scrutiny for 2023/24.
Councillor Danny Cassidy, as Vice Chair of the Resources Overview and Scrutiny Committee, was in attendance to introduce the overall work programme and to explain the selection process the topics included therein. He thanked those individuals who had suggested items for the work programme and undertook to report back any comments from the Cabinet to the Overview and Scrutiny Committees.
Councillor Melissa Fisher made an observation about the attendance levels at recent meetings of the Overview and Scrutiny Committees. Councillor Loraine Cox noted that, in the past, attendance at briefing meetings had also been an issue. Councillor Smithson thanked Ben Caulfield, the Council’s Overview and Scrutiny Officer, for his efforts in supporting the development of the work programme.
David Welsby, Chief Executive, reminded Members that any recommendations would need to be formally moved by a member of the Cabinet.
Approval of the report was not deemed a key decision.
Reasons for Decision
At the beginning of each municipal year, the Council’s Overview and Scrutiny Committees each agreed a work programme for the year.
The process for agreeing the work programme was set out in Overview and Scrutiny Procedure Rule C6(a) as follows;
“The chair and vice chair of each overview and scrutiny committee will meet with the Cabinet within four weeks of each Annual Meeting to discuss the Cabinet’s policy priorities for the coming year. The chairs and vice chairs will propose a draft work programme for their committee within two weeks of that meeting. The draft work programmes will be submitted to the next following meeting of the Cabinet for comment and the draft work programme for each overview and scrutiny committee will then be submitted to the next following meeting of that committee (together with any comments or recommendations from the Cabinet) for approval.”
Due to timings of meetings, work programmes would be sent first to their respective committees for approval, and then to Cabinet for comment. Any comments received from Cabinet would be considered at the next meetings of the Committees.
The committees’ work programmes had been developed following consideration of the Council’s guide for selecting items for scrutiny and consultation, including:
37 requests for items to be considered for Scrutiny had been submitted by service heads, Councillors (Including Cabinet members), co-optees and members of the public. There were several requests of a similar nature, so in some cases requested items had been merged. These items had been discussed in depth between the Scrutiny Chairs and Cabinet members before producing the work programmes.
In addition, 6 items ... view the full minutes text for item 138. |
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Matters Arising from Overview & Scrutiny Report attached. Minutes: Members considered a report of Councillor Peter Edwards, Chair of the Communities and Wellbeing Overview and Scrutiny Committee; on recommendation made by that Committee on 26th July 2023 to the Cabinet. In the absence of Councillor Edwards, the report was introduced by Councillor Danny Cassidy,as Vice Chair of the Resources Overview and Scrutiny Committee.
Cabinet was informed that the following recommendations had been made by the Communities and Wellbeing Overview and Scrutiny Committee:
Parks and Open Spaces
Dog Warden Service
Councillor Cassidy acknowledged that due to a lack of background information and the fact that there was limited financial information relating to the above recommendations, it might be difficult for the Cabinet to make a formal decision at this stage.
The Leader thanked the Committee for their recommendations and Councillor Cassidy for presenting these ideas which, in principle, looked interesting. She envisaged that the Portfolio Holder would reflect upon these recommendations going forward. However, due to the lack of detail around feasibility and costings it would not be possible for the Cabinet to approve the recommendations at this stage. Accordingly the Cabinet would be invited to note the report.
Approval of the report was not deemed a key decision.
Reasons for Decision
At its meeting on the 26th July 2023, the Communities and Wellbeing Overview and Scrutiny Committee had received a report as requested from the Portfolio Holder for Environmental Services on Disability Provision in Parks. The Committee had made the recommendations outlined in paragraph 2.1.of the report.
At the same meeting, the Committee had received a report from the Portfolio Holder for Environmental Services on the Dog Warden Service. The Committee had made the recommendations outlined in paragraph 2.2 of the report. ... view the full minutes text for item 139. |
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Energy Efficiency - Cosy Homes in Lancashire (CHiL) Appointment of Contractor. Report attached. Minutes: The Cabinet considered a report of Councillor Kath Pratt, Portfolio Holder for Housing and Regeneration, about the procurement process undertaken by Blackpool Council to appoint a contractor to deliver the Cosy Homes in Lancashire (CHiL) programme. The report sought approval to waive the Council’s Contract Procedure Rules and sought approval for Hyndburn Borough Council to enter into an agreement with Rhea Projects Ltd, so residents and households in Hyndburn would have access to opportunities and funding to improve the energy efficiency of their homes.
Councillor Pratt outlined the main elements of the report.
Councillor Zak Khan, welcomed the report and indicated that he had recently met with the Asset Energy Reduction Officer about net zero projects, as there was much work to do in Hyndburn. Councillor Noordad Aziz noted that some 64% of the Borough’s housing stock were older terraced properties. Any scheme to improve energy efficiency and to retro-fit insulation should be welcomed.
Approval of the report was not deemed a key decision.
Reasons for Decision
Hyndburn Borough Council was committed to improving the energy efficiency of domestic homes within the Borough. This included addressing health inequalities exacerbated by living in cold and damp homes, reducing fuel poverty, tackling seasonal excess deaths and reducing carbon emissions from domestic properties.
There had been a number of initiatives and funding pots available to Hyndburn residents over the years. Energy measures delivered through CHiL and Homewise had enabled qualifying household’s to access funding for boilers, central heating systems, loft and cavity wall insulation.
CHiL and the Procurement of a Service Provider Contractor
“CHiL” was a brand established by 12 district and 2 unitary council’s in Lancashire and the County Council to co-ordinate and deliver domestic energy efficiency schemes across Lancashire. CHiL had been in place since 2014 and had evolved from a strong track record of the councils working collaboratively through the long established Lancashire Energy Officers Group.
CHiL projects sought to maximise take-up of Government Energy Company Obligation (ECO) funding and other grant opportunities that were available for energy efficiency and heating measures for Lancashire residents. In particular, CHiL supported those households in fuel poverty and vulnerable to the effects of living in a cold home, but also aimed to provide an offer to all households, not those just in fuel poverty.
The CHiL brand was Lancashire’s co-ordinated approach and it enabled councils who participated in this collaborative working approach to easily access funding through the latest Government initiatives.
A recent procurement /tender exercise by Blackpool Council, on behalf of the other Lancashire districts, had been carried out to select a contractor for CHiL. Rhea Projects Ltd had submitted the successful tender. Rhea had also been awarded the initial CHiL contract in 2018 and so had a track record of delivery.
Rhea had demonstrated the ability to meet CHiL’s requirements and had offered the most economically advantageous tender. The contract would run from 1st April 2023 to 31st March 2025, with an option to ... view the full minutes text for item 140. |
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Economic Development Progress Report Report attached. Additional documents: Minutes: Members considered a report of Councillor Zak Khan, Portfolio Holder for Economic Development and Sustainability, updating Cabinet on escalating the Council’s Economic Development function and seeking approval to sign up to the Federation of Small Businesses (FSB) Local Leadership Pledge.
Councillor Khan highlighted the main elements of the report and gave an update on some more recent activities. He reported that the first meeting of the Economic Development Forum had taken place this morning and had been well attended. The feedback had been very positive
Approval of the report was not deemed a key decision.
Reasons for Decision
Over the summer the Council had created a new Economic Developer Manager position to step up and escalate the Council’s economic development function to support the Council’s growth aspirations, with a specific role to engage with local businesses and attract new employers to the Borough. Salma Chaudhry, a very experienced economic development officer, had taken up the new role of Economic Development Manager since the end of July, 2023.
Federation of Small Business
The Federation of Small Businesses (FSB) was a UK business organisation representing small and medium-sized businesses. It had been formed in 1974 as the National Federation of Self Employed (NFSE). The current name for the organisation had been adopted in 1991. The FSB was a non-profit making and non-party political organisation that was led by its members, for its members. Its members received the benefit of a range of business services including advice, financial products and support.
The Council had been liaising with the FSB with a view to adopting the FSB’s local leadership pledge whereby the Council pledged to support local small businesses and the self-employed in conjunction with the FSB. The pledge was a working agreement between the Council and the FSB to generate a business friendly approach with a specific officer and a Cabinet member to engage with business, and to continue to bring small and medium employers and the Council together for the benefit of the local economy.
Through entering the Pledge, subject to Cabinet approval, the FSB would ask the Council to support it with the following priority asks to strengthen and support small and medium local business:
Small businesses were vital to local growth and there were many opportunities for businesses and the Council to ... view the full minutes text for item 141. |
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Levelling Up - General Update and Operator Procurement Report attached. Additional documents:
Minutes: The Cabinet considered a report of Councillor Mohammed Younis, Portfolio Holder for Levelling Up, updating Members on the Council’s Levelling Up Funded (LUF) work and seeking approval for the procurement of Operators for Burtons Chambers and the Market Hall.
Councillor Younis outlined the progress being made in relation to the three main Accrington Town Centre interventions.
Councillor Melissa Fisher enquired if the plans for the Market Hall, included a soft play area and Councillor Aziz asked if this would affect similar provision in operation at Hyndburn Leisure Centre. Councillor Younis confirmed that soft play was being considered. The Leader added that the soft play facility would complement the wider offer at the Market Hall. It was unlikely to affect attendance at Hyndburn Leisure Centre given the distance between the two outlets.
Approval of the report was not deemed a key decision.
Reasons for Decision
Cabinet had given its formal approval in support of the Stakeholder Board’s recommendations that the Council’s £23m LUF submission should focus around the following three principal interventions;
The last formal updates on Levelling Up Funded projects had been provided to Cabinet on 21st June and Special Scrutiny Committee on the 24th July 2023.
Operator Procurement
The Council had identified the external consultant CBRE as having a specialist team who were very experienced in advising clients on shared/office workspaces developments and had subsequently been appointed to review the design for the shared workspace within Burtons Chambers and provide advice on a preferred operator model.
CBRE’s report, which was included as Appendix A to the report, identified the draft layout in the initial LUF submission as having the potential to be more efficient in its density of desk space and recommended that the design for additional floor space on the roof should be re-explored. The roof extension indicated might not be the best way to achieve the required funding outputs/outcomes and might simply provide too much desk space for the needs of the market.
There was also a lack of infrastructure to generate green energy, e.g. solar panels / air source heat pumps, which if incorporated on the roof space in place of the extension, could help reduce running costs and financially de-risk the project for both the Operator and the Council.
The report had recommended the development of a parking strategy for the facility be a priority, given similar facilities offered customer assurance of parking adjacent or within close vicinity. This was not considered to compromise the requirement to support healthier alternatives such as safe secure cycle storage or good links to public transport which would also be progressed.
The Council had also ... view the full minutes text for item 142. |
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Report attached. Minutes: Members considered a report of Councillor Steven Smithson, Deputy Leader and Portfolio Holder for Environmental Services, updating Cabinet on the effect that new regulations relating to the collection of bulky waste items containing POPs were having on the Council’s ability to collect bulky waste items.
Councillor Smithson outlined the progress being made as described in the report.
Councillor Fisher enquired about the impact of the withdrawal of Regulatory Position Statement (RPS) 250 concerning hazardous waste wood. Councillor Smithson undertook to provide a written reply.
Councillor Fisher asked if there was any update on the Government’s announcement in April 2023 of £50k for Hyndburn to tackle fly-tipping and what criteria were in place for use of the funding. She cited one particular hotspot for fly-tipping. Councillor Smithson indicated that a number of initiatives were currently being discussed with the Planning Department and that Councillor Whitehead had been kept informed of progress.
Councillor Aziz asked if Council Tax would be increased to pay for POPs in future years. The Leader indicated that this was yet to be determined.
Approval of the report was not deemed a key decision.
Reasons for Decision
Persistent Organic Pollutants (POPs) remained intact in the environment for long periods, and if not disposed of properly would become widely distributed geographically. They accumulated in the fatty tissue of humans and wildlife and had harmful impacts on human health and on the environment.
The Environment Agency had undertaken an investigation and confirmed the widespread presence of very large quantities of POPs and other hazardous chemicals in both the textiles and foam of waste upholstered domestic seating. These chemicals had been used as flame retardants and were now banned.
New legislation had come into effect on 1st January 2023 which no longer permitted POPs waste to be sent to landfill, which was to prevent lasting environmental harm and impacts on the food chain. This meant waste containing POPs would have to be incinerated and must not be re-used, recycled, or landfilled.
Waste upholstered domestic seating was defined as any item of upholstered seating of a household type from households or businesses that was waste. For example sofas, sofa beds, armchairs, kitchen and dining room chairs, stools and foot stools, home office chairs, futons, bean bags, floor, and sofa cushions. Upholstery included any foam and fabric, for example textiles, leathers and synthetic leathers.
In December 2022 as a consequence of the new legislation, Lancashire County Council as waste disposal authority in Lancashire had informed the Council (as collection authority in Lancashire) that as from 1st January 2023 bulky waste items containing POPs would have to be collected separately to all other bulky waste items and could no longer be taken to Whinney Hill tip. POPs items would have to be taken directly to a waste transfer facility in Darwen.
Previously the Council had collected two types of bulky waste items, those being recyclable (such as fridges, timber, mattresses) and non-recyclable (such as sofas or carpets) via two collection ... view the full minutes text for item 143. |
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Exclusion of the Public Recommended That, in accordance with Regulation 4(2)(b) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, the public be excluded from the meeting during the following items, when it is likely, in view of the nature of the proceedings that there will otherwise be disclosure of exempt information within the Paragraphs of Schedule 12A of the Local Government Act 1972 specified at the items.
Details of any representations received by the Executive about why the following report should be considered in public – none received.
Statement in response to any representations – not required. Minutes: Resolved - That, in accordance with Regulation 4(2)(b) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, the public be excluded from the meeting during the following item, when it was likely, in view of the nature of the proceedings that there would otherwise be disclosure of exempt information within the Paragraph at Schedule 12A of the Local Government Act 1972 specified at the item
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Urgent Decisions Taken Exempt information by virtue of Paragraph 3 - Relating to the financial or business affairs of any particular person (including the authority holding that information)
In accordance with Executive Procedure Rule B16(c), to receive a report on decisions taken under urgency procedures. The following decisions are attached:-
Minutes: Exempt information by virtue of Paragraph 3 - Relating to the financial or business affairs of any particular person (including the authority holding that information)
Councillor Kath Pratt, Portfolio Holder for Housing and Regeneration introduced this item.
In accordance with Executive Procedure Rule B16(c), Members considered a report on the following decision taken under the urgency procedure:
Resolved - To note the report on urgent decisions taken.
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