Agenda and minutes

The Chair welcomed everyone to the meeting.

The Chair will draw attention to the emergency evacuation procedure as set out in the Notes

The Senior Democratic Services Officer drew attention to the evacuation procedure as set out in the Agenda.

There were no apologies for absence.

The Chair informed the meeting that Councillor Mark Shelford would have to leave the meeting after the agenda item ‘Sub-National Transport Bodies’.

At this point in the meeting declarations of interest are received from Members in any of the agenda items under consideration at the meeting. Members are asked to indicate:

(a) The agenda item number in which they have an interest to declare.

(b) The nature of their interest.

(c) Whether their interest is a disclosable pecuniary interest or an other interest,  (as defined in Part 2, A and B of the Code of Conduct and Rules for Registration of Interests)

Any Member who needs to clarify any matters relating to the declaration of interests is recommended to seek advice from the Council’s Monitoring Officeror a member of his staff before the meeting to expedite dealing with the item during the meeting.

Councillor Paul May declared a disclosable pecuniary interest on any matters related to Sirona as a non-executive director on the Sirona Board.

Councillor Bob Goodman declared that in the past he had dealt with licensed properties. The Monitoring Officer, Maria Lucas reported that a dispensation had been granted to Councillor Goodman so that he could speak on this issue.

There were no items of urgent business.

The Chair stated that he would take item 14 ‘Sub National Transport Bodies’ after item 11.

Questions submitted before the deadline will receive a reply from an appropriate Cabinet member or a promise to respond within 5 days of the meeting.  Councillors may ask one supplementary question for each question they submitted, up to a maximum of two per Councillor.

There were 14 questions from Councillors and 1 question from a member of the public.

[Copies of the questions and responses, including supplementary questions and responses if any, have been placed on the Minute book as Appendix and are available on the Council's website.]

Councillors and members of the public may register their intention to make a statement if they notify the subject matter of their statement before the deadline.  Statements are limited to 3 minutes each.  The speaker may then be asked by Cabinet members to answer factual questions arising out of their statement.

David Redgewell made a statement on public transport, litter and graffiti issues.

Councillor Jackson made a statement regarding Westfield ward [a copy of which is attached to the Minutes and available on the Council's website].

RESOLVED that the minutes of the meeting held on Wednesday 27^th June 2018 be confirmed as a correct record and signed by the Chair.

This is a standard agenda item, to cover any reports originally placed on the Weekly list for single Member decision making, which have subsequently been the subject of a Cabinet Member requisition to the full Cabinet, under the Council’s procedural rules

This is a standing agenda item (Constitution rule 14, part 4D – Executive Procedure Rules) for matters referred by Policy Development and Scrutiny bodies.  The Chair of the relevant PDS Panel will have the right to attend and to introduce the Panel’s recommendations to Cabinet.

This report lists Cabinet Single Member decisions taken and published since the last Cabinet meeting.

The Cabinet agreed to note the report.

This report invites the Cabinet to consider Bath and North East Somerset Council’s membership of the Western Gateway Shadow Sub-National Transport Body. The Council has recognised that on strategic transport issues there are mutual and shared interests with other transport authorities and that working more closely together will strengthen our case when lobbying Government for future funding and scheme prioritisation.

Councillor Dine Romero made an ad-hoc statement, stating that this was yet another body for strategic oversight and asked how a combined scrutiny response will be co-ordinated.

Councillor Tim Ball made an ad-hoc statement wherehe stated that this seemed to be another body along with the Cabinet and WECA (West of England Combined Authority) and asked if more research was needed.

Councillor Mark Shelford moved the recommendations and stated that this was an opportunity for the authority to work collaboratively with others in the South West and that work was being done so that this authority would have the correct influence in this body.  Councillor Shelford reported that Dorset was now part of the Gateway project.

Councillor Tim Warren seconded the motion and stated that authorities cannot work in silos and this would help to blur the lines and that there was a significant funding from the Government for this project.

RESOLVED (unanimously) that the Cabinet:

1)  Approved Bath and North East Somerset Council’s participation in a Shadow Sub-National Transport Body.

2)  Agreed the Shadow Sub-National Transport Body prospectus and note the emerging transport priorities (Appendix A).

3)  Agreed to enter into a Heads of Terms and Constitution agreement with other Transport Authorities (Appendix B).

4)  Agreed to appoint the Cabinet Member for Transport and Environment to represent the Council on the Shadow Sub-National Transport Body’s Partnership Board and for a fellow Cabinet Member to act as a nominated deputy in the absence of the Cabinet Member for Transport and Environment.

5)  Agreed to delegate authority to the Corporate Director, in consultation with Cabinet Member for Transport and Environment, to represent the Council on the Shadow Sub-National Transport Senior Officer Group.

On 12th June 2013 Cabinet agreed to designate an area of Bath, based around the wards of Westmoreland, Oldfield and Widcombe, as an area subject to Additional Licensing for Houses in Multiple Occupation (HMOs).  This designation will expire on the 31st December 2018. 

Housing Services consider that the conditions for introducing a new and geographically expanded Additional Licensing scheme can be met.  As such a 10 week comprehensive public consultation exercise was undertaken on a proposal to designate Bath City as an area subject to Additional Licensing. 

This report informs Cabinet of the results of these activities and seeks a decision on whether to designate Bath City as an area subject to Additional Licensing for specified types of HMOs.

NOTE: Councillor Mark Shelford left the meeting at the close of the last item.

Councillor Will Sandry made an ad hoc statement where he explained that this issue had been well debated by the Planning, Housing and Economic Development Policy Development and Scrutiny Panel and that he was pleased that this scheme was being introduced. He commented that the scheme could be extended to North East Somerset.

Councillor Paul Crossley made an ad hoc statement where he explained that HMO’s (along with AirB&B and others) have resulted in the loss of family housing across the authority and that a swift Government response was needed on this.

Councillor Tim Ball made an ad hoc statement where he spoke in support of the proposals and of the need to push up standards. He added that the scheme could be expanded to other areas.

Councillor Paul Myers introduced the item, he explained that this report will expand the licensing of Houses in Multiple Occupation - HMOs - to cover Bath City.  Councillor Myers further explained that there are around 3 and a half thousand HMOs in the City providing valuable accommodation for almost 20,000 residents and most are an asset for the city but that evidence indicates that a significant number are of substandard condition. Councillor Myers explained that he was supporting the proposal which would mean that the Council, and more importantly tenants, would have reassurance that minimum legal standards, particularly fire safety standards, would be met; that the Council would have the contact details of the landlord or person managing the property and finally that the Council know where the HMOs were located. 

Councillor Myers explained that at this stage the evidence did not support a wider scheme but this would be kept under consideration. Councillor Myers further explained that the cost of licensing would be met by charging landlords a licence fee and this impact on landlords must be weighed against the benefits to tenants - and the broader community. Councillor Myers concluded that he considered that on balance the benefits of the scheme outweigh the burdens and risks identified by the impact assessment

Councillor Paul Myers moved the recommendations.

Councillor Bob Goodman seconded the motion and stated he felt this scheme would receive support from most landlords.

Councillor May stated that Bath was a small city and this was a major issue in the community and pressure must be kept on standards.

Councillor Pritchard asked if officers could cope with the extra workload caused by the increased licensing.  Councillor Myers stated that he was confident that resources were there to cover the work.

Councillor Warren supported the proposal and thanked the speakers for their support.  

RESOLVED (unanimously) that the Cabinet agreed to:

1)  Having studied the evidence base it is satisfied that there is a sufficiency of evidence to justify the new scheme which accords with the Services Regulations 2009 and that any detriment to landlords is outweighed by the benefits to tenants and the wider community, sufficient  ...  view the full minutes text for item 26.

The Council has recently adopted the newer higher level  of £150 permitted  for a Fixed Penalty Notice (“FPN”) under the Environmental Offences (Fixed Penalties) (England) Regulations 2017 for litter dropping.

The Council has limited enforcement resource and cannot cover the whole district 7 days per week. Current enforcement activity is focussed in the city centre in partnership with the BID. The public would, however like us to take a much more proactive stance throughout the whole district with a view, to reducing environmental crime and have cleaner, greener communities.

The proposal is to enter into a pilot scheme with a private sector enforcement provider at zero cost to the Council, to increase the amount of enforcement activity that is undertaken in relation to environmental crime such as litter dropping, dog fouling, fly tipping, waste Duty of Care breaches and to ensure that an enforcement presence is available 7 days per week in the district including parks and public spaces.

This report seeks approval for officers to enter into a 12 month pilot scheme with a private sector provider in consultation with the Cabinet Member for Development & Neighbourhoods

Councillor Richard Samuel made an ad-hoc statement where he stated that he supported action against littering but that this scheme had had mixed results in other authorities and there was no business plan or details of costings. He queried if there would be a competitive tendering process and if consultation had been carried out.  He expressed his concern that vulnerable people may be targeted and asked the Cabinet to defer the item for consideration by the Communities, Transport and Environment Policy Development and Scrutiny Panel.

Councillor Tim Ball made an ad-hoc statement where he stated that he was concerned that enforcers may target the poorest communities to raise funds.

Councillor Will Sandry made an ad-hoc statement where he urged the Cabinet to put this issue to the Policy Development and Scrutiny Panel and to carry out an Equalities Impact Assessment.  He shared the concerns made above that the vulnerable communities could be penalised.

Councillor Rob Appleyard made an ad-hoc statement where he supported the intention to deal with littering but was concerned that there could be a danger of alienating communities.  He queried if the enforcers would have targets. He urged that education be the priority and that the issue to put to a Scrutiny Panel.

Councillor Patrick Anketell-Jones made an ad-hoc statement where he stated that feedback from his residents was supportive of the Council enforcing littering rules.  He added that outsourcing a service does involve some risk and  hoped enforcement would help the issue in Balance Street where fly tipping is cleared by Curo who then charge the tenants.

Councillor Robin Moss made an ad-hoc statement where he agreed that there was a need to reduce litter but that the issue should be considered by a Scrutiny Panel.  He raised concerns that enforcement may be used for income generation though there may be disputes and intimidation.

Councillor Eleanor Jackson made an ad-hoc statement where she stated that there should be very close scrutiny of the contract.  She commended the Cabinet Member for dealing with the fly tipping in Radstock and that the budget used for gulls should be used for an effective littering policy.

Councillor Bob Goodman introduced the item, he stated that it was a depressing motion to bring as littering should not happen and a shift in mind-set was needed so that littering is not tolerated. He explained that he would prefer that the Council could enforce this but there were financial constraints, he further explained that these proposals were cost neutral and have been through the procurement process.

Councillor Bob Goodman moved the recommendations.

Councillor Karen Warrington seconded the motion and stated that she agreed that littering, dog fouling and fly tipping were a scourge on society and have to be addressed. She also agreed that there was a need to make sure vulnerable people were not targeted and that education was important. She explained that this was a pilot scheme which would be closely monitored and which has been successful in other authorities.

Councillor  ...  view the full minutes text for item 27.

This report presents the financial monitoring information for the Authority as a whole for the financial year 2018/19 to the end of July 2018.

Councillor Dine Romero made an ad-hoc statement where she stated that targets were being missed and that there were unintended consequences of the actions that had been taken to make the savings and a national solution is needed.

Councillor Robin Moss made an ad-hoc statement that staff should be congratulated on the underspend in Adult Social Care.

Councillor Charles Gerrish moved the recommendations. He explained that the report was in a new format which was very clear and open. He explained that the bulk of the overspend would be met from Revenue Budget Contingency. He added that Property Services are considering two potential commercial properties which would be income generating. He further commented that a national solution to Local Government funding is needed and that Cabinet Members will continue to work with officers to find savings.

Councillor Paul May seconded the motion, he stated that this is the most difficult financial criteria for a Council that he had ever had to work with. He thanked the officers for the clear report.

Councillor Tim Warren stated that these are financially tough times but that on the whole the authority is doing well. He thanked the officers for the hard work and clear reporting.

RESOLVED (unanimously) that the Cabinet agreed:

1)  To note the 2018/19 forecast over budget of £2.6m (as at the end of July 2018) and the recovery plan actions outlined in Appendix 1;

2)  To note the mitigations that will be required shown in paragraph 5.6, if the over budget position cannot be reduced by the end of the financial year

3)  To note the capital year end forecast detailed in paragraph 5.16 of this report;

4)  To note the revenue virements listed for information  in Appendix 3(i);

5)  To note the changes in the capital programme including capital schemes that have been agreed for full approval under delegation listed in Appendix 4(i)

In February 2012 the Council adopted the 2011 edition of the CIPFA Treasury Management in the Public Services: Code of Practice, which requires the Council to approve a Treasury Management Strategy before the start of each financial year, review performance during the year, and approve an annual report after the end of each financial year.

This report gives details of performance against the Council’s Treasury Management Strategy and Annual Investment Plan 2018/19 for the first three months of 2018/19.

Councillor Gerrish moved the recommendations.

Councillor Paul May seconded the motion.

RESOLVED (unanimously) that the Cabinet agreed that:

1)  The Treasury Management Report to 30th June 2018, prepared in accordance with the CIPFA Treasury Code of Practice, is noted.

2)  The Treasury Management Indicators to 30th June 2018 are noted.