Agenda and minutes

There were no apologies for absence.

There were no reported declarations of interest or dispensations.

To approve the Minutes of the last meeting of Cabinet held on the 29^th August 2018.

The Minutes of the meeting of Cabinet held on 29^th August 2018 were submitted for approval as a correct record.

Resolved        -           That the Minutes be received and approved as a correct

record.

To receive the Minutes of the meeting of the Regeneration and Housing Panel held on the 17^th July 2018.

The Minutes of the Regeneration and Housing Panel held on the 17^th July 2018 were submitted for noting.

The Deputy Leader of the Conservative Group questioned an item on the town square events programme that a fair trade event took place on the Market Pavilion and not in the Town Square.

The Portfolio Holder for Housing and Regeneration would contact the Business and Marketing Co-Ordinator for the town centre to seek further information.

The Leader of the Conservative Group asked about the CCTV upgrades following a recent spate of burglaries in the Warner Street area of Accrington town centre.

The Leader of the Council explained that he had met with the Regeneration and Property Manager in relation to additional cameras and the Community Safety Partnership.                                                         

Resolved                               -   That the Minutes be received and noted.

Councillor Miles Parkinson reported on the WASPI (Women against state pension inequality) campaign and called on Cabinet colleagues to support the cause. A motion would be made at the November Council meeting and the Leader of the Conservative Group would offer cross party support for the motion.<AI2>

Report attached.

The Leader of the Council submitted a report explaining that Planning Enforcement was a key responsibility of the Planning and Transportation Service and the National Planning Policy Framework recommended that local authorities have an enforcement plan in place. 

Although the Council currently had a protocol in place it was out of date and did not reflect the priorities set out in the National Planning Policy Framework.  The proposed draft policy seeked to update the existing protocol so that it reflected current national guidance and the National Planning Policy Framework that was issued in July 2018. 

Approval of the report was not deemed a key decision.

Reasons for Decision

The National Planning Policy Framework, issued in July 2018, recommended that local planning authorities publish a local enforcement plan to manage enforcement proactively, in a way that was appropriate to the area. 

The Management Plan attached to the agenda set out the way in which enforcement

complaints would be prioritised and managed by the planning service. 

Alternative Options Considered and Reasons for Rejection 

Although an enforcement plan was not mandatory, it was considered best practice to have a plan in place.  The presence of an enforcement plan allows members of the public to see how their complaint would be managed and it also allows the Local Government Ombudsman to understand the approach to enforcement that was being taken by the authority should a complaint be made. 

The Planning Enforcement Management Plan is largely a reactive plan.  It was intended to set out the means by which complaints made to the Council relating to breaches of planning control would be investigated and the complainant kept informed. 

Planning enforcement is undertaken by one officer within the planning service.  The

Planning Enforcement Officer works full time responding to complaints alleging breaches of planning control, there is not capacity to undertake routine checks of planning permissions to ensure that they are developed in accordance with the approved details.  

Resolved        -           That Cabinet support the use of the Planning Enforcement

Management Plan when investigating alleged breaches of planning control. 

Report attached.

The Portfolio Holder for Housing and Regeneration submitted a report to brief Cabinet Members of the forthcoming changes to the way in which animal boarding

establishments, dog breeding establishments, pet shops and riding establishments

are to be licensed by the Council and the commencement of responsibility for the

licensing of the keeping of animals for exhibition.

Approval of the report was not deemed a key decision.

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Reasons for Decision

The Council is at present responsible for the regulation of a variety of animal-related

businesses, as well as the keeping of specified dangerous animals by individuals. The licence types currently issued by the Council are:

Animal boarding establishment licences (e.g. kennels, catteries, home boarders, pet day care); Dog breeding establishment licences (premises used for, or in connection with, the commercial breeding of dogs); Pet shop licences (any business keeping animals with a view to selling them as pets); Riding establishment licences (premises keeping horses and ponies for hire for riding, or for riding tuition – excluding livery stables).

The first significant change is that all four existing types of licence, together with the additional activity of keeping and training animals for exhibition, (which is to brought over from Lancashire County Council), will be encompassed by one new ‘Animal Activity licence’. If an applicant is running more than one licensable animal related activity, each activity will be assessed separately and set out in one licence. The length of licence (previously one year in most cases) may be anything between one and three years dependent on the outcome of their inspection and the type of licence.

Under the new arrangements, the inspection process will be much more comprehensive and built around providing the premises with a ‘risk rating’. This process will establish whether the business is ‘low risk’ or ‘higher risk’ based on the level to which it meets the standards set out in regulations and guidance. The business is then awarded between one and five stars, thus determining the length of the licence which can be between 1 and 3 years. The exception is ‘Keeping and Training Animals for Exhibition’ for which all licences will be issued for 3 years as default. The star rating will be displayed on the licence and included in the Council’s public register.

The proposed fees are therefore split into two parts – the application fee, payable at the time of submission to cover the Council’s costs in considering and determining the application, and the licence fee payable on granting the licence, which covers ongoing enforcement and compliance requirements.

Alternative Options Considered and Reasons for Rejection 

The Council had no alternative but to comply with the Regulations and to implement the new licensing regime from 1 October 2018.

Resolved        (1)        That Cabinet noted the changes to the way in which

animal-related activities are to be licensed;and

                        (2)        That Cabinet agreed to the proposed fee structure set out

in paragraph 3.22 of the report attached to the agenda; and

(3)  That Cabinet delegated  ...  view the full minutes text for item 166.

Report attached.

The Portfolio Holder for Resources submitted a report to seek Cabinet approval for the adoption of an updated Council Tax and National Non Domestic Rates Collection

and Recovery Policy, replacing a previous version from 2015.

Also included was permission to seek approval for the adoption of an updated Enforcement Agent Code of Conduct, replacing a previous version from 2015. Along with seeking approval for a Vulnerability Policy, a new policy expanding on provisions previously included within the 2015 Collection and Recovery Policy.

Approval of the report was not deemed a key decision.

Reasons for Decision

The Council Tax and National Non Domestic Rates (business rates) Collection and

Recovery Policy provides a foundation for our operations as it outlines the service that taxpayers can expect to receive as well as a transparent structure for the collection and recovery of tax due to the Council; a function which is essential to the funding of public services. 

Reduced Government funding places greater emphasis each year on the importance of collecting and recovering Council Tax and Business Rates and as further pilots for the local retention of Business Rates continue to refine the Government’s intentions for Business Rate retention schemes, it is required that our policies reflect our practices and essential that all polices provide for a robust but fair collection and recovery process.

The Council Tax and National Non Domestic Rates Collection and Recovery Policy remains broadly the same as the 2015 policy with some alterations to bring the policy in to line with incremental changes made to day to day practices since 2015.  The updated policy aims to support our administrative practices, streamline our operation and provide for the efficient and effective collection of local taxes.

Vulnerability criteria has been removed from the previous policy and extended in a separate Vulnerability Policy. 

Alternative Options Considered and Reasons for Rejection 

Collection and Recovery of Council Tax and business rates works within legislative

frameworks and the Council adopted its current policy in 2015.  Remaining with this

policy does not affect the Council’s ability to collect and recover local taxes however

the incremental changes made since 2015 means that regular update and review

provides a more accurate reflection of everyday practices.

The Enforcement Agent Code of Conduct remains largely unchanged however

obligations towards data privacy and updates to every practices requires that this is

up to date and an accurate reflection of the Council’s current instructions for Agents

operating on behalf of the Council.

Vulnerability was given due regard within the 2015 Collection and Recovery Policy

and could remain within this main guidance, however it is considered more

reflective of today’s emphasis on the treatment of vulnerable groups and individuals

to underline our commitments and obligations to our vulnerable residents.

Resolved                    (1) That Cabinet approved and adopted the Council Tax

and National Non Domestic Rates Collection and Recovery Policy attached as Appendix 1 to the agenda; and

(2) That Cabinet approved and adopted the Enforcement Agent Code of Conduct attached as Appendix 2 to the  ...  view the full minutes text for item 167.

Report attached.

The Portfolio Holder for Resources submitted a report to seek Cabinet approval for the adoption of the National Non Domestic Rates Mandatory, Discretionary and

Hardship Relief Scheme.

Approval of the report was not deemed a key decision.

Reasons for Decision

The administration of Mandatory, Discretionary and Hardship Relief for business

rates forms part of the Council’s mandate for the billing, collection and recovery of

National Non Domestic Rates.  While the legislative framework for this remains

largely unchanged, the policies used by officers in the administration of reliefs is

reviewed, amended and updated regularly to ensure that our policies are relevant

and reflect current practices.

As the Government is moving further towards higher levels of local business rate

retention, it is essential that our policies and practices are reviewed regularly and

updated as required in order to remain relevant, accurate and legal.

There have been no legislative changes affecting this policy and administration of

the various reliefs available within business rates remains within the relevant

legislative framework and guidance.

While the discretionary relief provisions in this policy have not changed, the policy

does now include provisions announced by the Government in 2017 and has

consolidated guidance for officers and taxpayers that was previously contained in a

number of separate documents.

Alternative Options Considered and Reasons for Rejection 

The administration of business rates reliefs works within legislative frameworks and

not adopting this policy does not affect the Council’s ability to administer, collect and

recover business rates however regular review can ensure that our policies and

practices are transparent and robust.

Resolved        -           That Cabinet approved and adopted the National Non

Domestic Rates Mandatory, Discretionary and Hardship Relief Scheme attached as Appendix 1 to the agenda.

Report attached.

The Portfolio Holder for Resources submitted a report to seek Cabinet approval for the adoption of the Institute of Licensing Guidance – “Determining the suitability of applicants and licensees in the hackney carriage and private hire trades” in place of the current conviction policy.

Approval of the report was not deemed a key decision.

Reasons for Decision

The overriding aim of any Licensing Authority when carrying out its functions in relation to the licensing of hackney carriage and private hire drivers, vehicles and private hire operators must be the protection of the public.

The relevant legislation provides that any person must satisfy the Council that they

are a ‘fit and proper person’ before any licence can be granted and further they

must remain ‘fit and proper’ throughout the period of their licence. To assist the

Council in determining whether an individual is a ‘fit and proper’ person to hold a

licence, and for reasons of transparency, so that applicants can be aware of what

our requirements are, the Council has had a Convictions Policy for several years. A

copy of the Council’s current convictions policy was attached at Appendix 2. This

policy is based upon the current AGMA model. 

The new Institute of Licensing document was intended to provide guidance on determining suitability, taking into account the character of the applicant or licensee. In particular it considered how regard should be had to the antecedent history of the applicant or licence holder and its relevance to their ‘fitness and propriety.’  As with any guidance it provided a starting point from which decisions can be made taking into account the particular merits of each case.

The LGA and IoL hope that the new guidance will be adopted by as many local authorities as possible to provide a greater level of consistency and fairness in decision making across the country and it is understood that around 12 local authorities have already adopted the guidance since its publication in April 2018.

Alternative Options Considered and Reasons for Rejection 

The Council could take no action and continue with the currentConviction Policy. However this new guidance is the result of an extensive piece of work carried out by highly respected and knowledgeable practitioners and lawyers in the field of licensing and as such is a far more comprehensive guidance than our current policy.

Resolved                    - That Cabinet approved the adoption of the guidance

attached at Appendix 1 that has been published by the Institute of Licensing in conjunction with the Local Government Association (LGA), Lawyers in Local Government (LLIG) and the National Association of Licensing Enforcement Officers (NALEO) to assist Councils when determining the suitability of applicants and licensees in the hackney carriage and private hire trades to replace the current convictions policy with immediate effect.

Report attached.

The following item was submitted as urgent business with the Chair’s agreement in accordance with Section 100B(4) of the Local Government Act 1972, the reason being to ensure the latest legal information was included in the report.

The Leader of the Council submitted a report to seek approval from Cabinet to grant a lease of Higham Playing Fields in Accrington and associated changing pavilion

(shown edged red on the plan attached to the agenda report) to Accrington Stanley

Football in the Community Trust Limited (ASCT) to develop the site into a

Community Sports Hub.

Approval of the report was not deemed a key decision.

Reasons for Decision

The site consists of an old changing pavilion (constructed in 1972 which is in poor condition and needs investment to bring it up to modern day standards), a grass playing field (on two levels) which was levelled and drained in 2012 with on street parking only.   

Currently the site is used informally and for community sports (football, rugby league and cricket) primarily at weekends and evenings during the week. The frequency of use varies depending on the time of year and whether any sporting fixtures are being played. The pavilion is only open when sporting fixtures are scheduled.    

At Cabinet in February 2017 it was agreed that the Council would explore the opportunity to work with ASCT to provide a community sports hub. ASCT wanted to lease an area of land from the Council and develop it into a community sports hub.

Cabinet was prepared to support the ASCT proposal in principal because ASCT was

prepared to invest £2 million to develop a community sports hub, facilitate community

activities, which will include a training programme, is a ‘not for profit’ organisation and

registered charity which has expertise in coaching, training & promoting health through sports and the charitable objects of ASCT (set out in paragraph 3.7 of this report) reflect how the Council would like to see the site used and developed.

ASCT has received in principle funding for the proposal from the Football Foundation, secured grant funding from a number of other funding bodies and have access to funding of their own, which add up to £2 million.

It is proposed that this funding package will provide a community sports hub which will consist of a number of outdoor sports grass pitches, an all-weather sports pitch,  a community building which contains offices, a café/refreshment area, changing and welfare facilities and coach education rooms, plus off street parking.

Providing a range of community services and opportunities can also support the financial sustainability of the site, providing income both on an educational and sporting front. It will allow people from every background to access the sporting facilities, helping to improve attitudes to activity as well as providing a facility for football development.

Alternative Options Considered and Reasons for Rejection 

Cabinet could decide not to proceed with the proposed lease of Higham Playing Fields to ASCT. Whilst this is an option, the  ...  view the full minutes text for item 170.

Report attached.

The following item was submitted as urgent business with the Chair’s agreement in accordance with Section 100B(4) of the Local Government Act 1972, the reason being to ensure the latest up to date financial information was included in the report.

The Portfolio Holder for Resources submitted a report to inform Cabinet on the financial spending of the Council up to the end of August 2018 and the financial forecast outturn position for the Accounting Year 2018/19.

Approval of the report was not deemed a key decision.

Reasons for Decision

The financial details of the report was shown as a table at the end of the report.

The spend for the first five months of the financial year to the end of August 2018 was £4,307,277 compared to a Budget of £4,330,262 giving a small positive variance of £23,000 over the first five months of the year.

The current forecast spend to the end of the financial year in March 2019 is £11,143,000 compared to a Budget of £11,174,000.  This forecast produces a positive variance of £31,000.  The main areas of financial pressure are Planning & Transportation and Regeneration & Property Services.

Alternative Options Considered and Reasons for Rejection 

Not applicable. 

Resolved        -           That Cabinet noted the report and asked that the

Corporate Management Team look to reduce costs and increase income over the remainder of the year to help improve the overall financial position of the Council.

The following item was submitted as urgent business with the Chair’s agreement in accordance with Section 100B(4) of the Local Government Act 1972, the reason being to ensure the latest up to date financial information was included in the report.

The Cabinet Portfolio Holder for Resources submitted a report to inform Cabinet of the 3 year projections of income and spending for the Council ahead of formulating its savings plan for the 2019/20 Revenue Budget and determining the size of its Capital Budget.

Approval of the report was not deemed a key decision.

Reasons for Decision

To inform Cabinet about updates on its medium term financial outlook ahead of starting to work on producing its saving for the Budget for 2019/20 and determining the level of Council Tax.  This report also ensures those decisions are taken with a view to the overall position of the Council going forward and are not limited to a narrow one year perspective.

Alternative Options Considered and Reasons for Rejection

There were no alternative options for consideration or reasons for rejection.

Resolved        -           That Cabinet approved the report and the accompanying

Medium Term Financial Strategy (MTFS).

Recommended          That, in accordance with Section 100A(4) Local Government Act 1972, 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 Act 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.

Resolved        -           That, in accordance with Section 100A(4) Local

Government Act 1972, 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 Act specified at the item.

(The report will contain exempt information under the Local Government Act 1972,

Schedule 12A, Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information)

Report attached.

Exempt Information under the Local Government Act 1972, Schedule 12A, Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information)

The Leader of the Council submitted a copy of an exempt signed Urgent Cabinet Decision form and accompanying exempt report relating to the use of the Urgent Cabinet Decision Procedure in respect of the financial opportunities and financial risks from partaking in a Pilot Bid to the Ministry of Housing, Communities and Local Government (MHCLG) for 75% Business Rate Retention.

Approval of the report was not deemed a key decision.

Reasons for Decision

The reasons for the decision were set out in the exempt decision form and accompanying exempt report.

Alternative Options Considered and Reasons for Rejection

The alternative options considered and reasons for rejection were set out in the exempt report.

Resolved        -           That the use of the Urgent Cabinet Decision Procedure be

noted.

The report will contain exempt information under the Local Government Act 1972,

Schedule 12A, Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information)

Report attached.

Exempt Information under the Local Government Act 1972, Schedule 12A, Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information)

The Leader of the Council submitted a copy of an exempt signed Urgent Cabinet Decision form and accompanying exempt report relating to the use of the Urgent Cabinet Decision Procedure in respect of permission to waive the Council’s contract procedure rules andto seek permission to award the contract to supply and fix new Christmas lights to   Accrington Town Centre.

Approval of the report was not deemed a key decision.

Reasons for Decision

The reasons for the decision were set out in the exempt decision form and accompanying exempt report.

Alternative Options Considered and Reasons for Rejection

The alternative options considered and reasons for rejection were set out in the exempt report.

Resolved        -           That the use of the Urgent Cabinet Decision Procedure be

noted.

The report will contain exempt information under the Local Government Act 1972,

Schedule 12A, Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information)

Report attached.

Exempt Information under the Local Government Act 1972, Schedule 12A, Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information)

The Portfolio Holder for Resources submitted a report to seek Cabinet instructions for the sale of former Council Offices, 20 Cannon Street, Accrington which was shown edged in red on the report attached to the agenda.

Approval of the report was not deemed a key decision.

Reasons for Decision

The reasons for the decision were set out in the exempt report.

Alternative Options Considered and Reasons for Rejection

The alternative options considered and reasons for rejection were set out in the exempt report.

Resolved                    - That Cabinet considered the report and the bids received

and Delegated authority be granted to the Head of Regeneration and Housing to accept the preferred offer which was option 1 of the exempt report and proceed with the sale of the property.