Agenda and minutes

The Chairman will draw attention to the emergency evacuation procedure as set out under Note 5.

The Chair drew attention to the emergency evacuation procedure, as set out on the agenda.

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 complete the green interest forms circulated to groups in their pre-meetings (which will be announced at the Council Meeting) 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.

The Monitoring Officer announced that she had granted a general dispensation to all Councillors in respect of their payment of Council Tax, in regard to agenda items 8 and 9, so they could take part in the debate and vote.

Councillor Steve Hedges declared an ‘other’ interest in item 8 – “Local Council Tax Reduction Scheme” with regard to receipt of Employment and Support Allowance (ESA).

Councillor Dine Romero declared an ‘other’ interest in item 13 – “Council Company Annual Accounts” - as a shareholder in Visit Bath and ADL.  [This declaration was made when the item was reached.]

On a motion from Councillor Vic Pritchard, seconded by Councillor Dine Romero, it was

RESOLVED that the minutes of 10^th October 2019 be confirmed as a correct record and signed by the Chair.

The Chief Executive, in his role as Returning Officer, addressed Councillors about the pre-election restrictions that applied to this meeting.  He explained that, during this period of heightened sensitivity, it was necessary to balance business as usual with respecting the constraints of the purdah period.  He called on Councillors to not make reference to any candidate or any already contentious issue or one which has been raised by the candidates in their campaign literature.

Councillor Chris Watt raised a point of order in accordance with constitutional rule 4A, 44 that this meeting breached Article 13.6 ‘Decision Making by the full Council’ and those various rules that related to public access to the Council meeting. He stated his view that the only body with power to amend constitutional rules was the Council itself and that not allowing public contributions to this meeting fettered the democratic process.  The Chair responded that it was for her to balance the restrictions against the effect of cancelling the meeting altogether.  She invited the Chief Executive to comment, who offered to set out in writing to all Councillors the process by which they had come to the decision to manage the meeting in the way proposed.

Councillor Duncan Hounsell then raised a point of order (4A, 31(h)), seconded by Councillor Andy Wait, that the meeting proceed to the next business.  On a vote, this was RESOLVED.

The Chair then invited a formal proposal from the floor.  Councillor Dine Romero, seconded by Councillor Andy Wait, moved that Council continue with the agenda as set out, invoking 4A, 16 as necessary to enable the meeting to continue.

During the ensuing debate, legal confirmation was sought that the meeting was properly convened.  The Monitoring Officer confirmed that it was and that pre-election restrictions applied, as previously explained by the Chief Executive.  The Chief Executive then offered clarification to points raised during debate; that it was incorrect that officers had been instructed to not answer questions in meetings, the public had not been prevented from attending Council, and that, although there was statute, there was no legal definition of purdah.  In conjunction with the Monitoring Officer, and following guidance from the LGA, it had been their judgement to advise as they had regarding meetings taking place during this period.  He offered a further point of clarification that the proposed amendments to the reports for this meeting had not been ruled out due to purdah, but for other reasons.

The Council then voted on Councillor Romero’s proposal which was RESOLVED with 35 Councillors voting in favour, 15 against and 5 abstentions.

The Chair then made the customary announcements regarding mobile phones, webcasting and using the microphones.

The Chair drew attention to the long and distinguished voluntary service by Brian Perrett of Radstock, Denise James of Keynsham in Bloom and Britain in Bloom judge, and Catherine Whybrow of the Norton Radstock Regeneration Company who recently passed away relatively young, and before they could receive the Chair’s honours for which they should  ...  view the full minutes text for item 65.

If there is any urgent business arising since the formal agenda was published, the Chair will announce this and give reasons why she has agreed to consider it at this meeting. In making her decision, the Chair will, where practicable, have consulted with the Leaders of the Political Groups. Any documentation on urgent business will be circulated at the meeting, if not made available previously.

There were no items of urgent business.

The Democratic Services Manager will announce any submissions received. The Council will be invited to decide what action it wishes to take, if any, on the matters raised in these submissions. As the questions received and the answers given will be circulated in written form there is no requirement for them to be read out at the meeting. The questions and answers will be published with the draft minutes.

There were no items.

The Council must decide the details for the Local Council Tax Reduction scheme; known locally and referred to in this report as the Council Tax Support scheme for 2020/2021.

The Council considered a report asking for their approval to the arrangements for the Local Council Tax Reduction scheme for 2020/2021, also known as the Council Tax Support Scheme.

On a motion from Councillor Richard Samuel, seconded by Councillor Dine Romero, it was

RESOLVED to

1.  Approve the attached Council Tax Reduction Scheme Policy for 2020/21;

2.  Note that the Cabinet is to carry out a large scale review of the Policy next year and that this will be subject to public consultation in Summer 2020; and

3.  Ask the Corporate Policy Development and Scrutiny Panel to carry out scrutiny of the Policy in advance of the decision on the final scheme by Cabinet and Council.

[Notes;

1.  The above resolutions 2 and 3 were proposed by Councillor Chris Dando and accepted into the substantive motion by the mover and seconder.

2.  The successful resolution was carried with 45 Councillors voting in favour, and 11 Councillors voting against.

3.  During debate, Councillor Chris Watt moved a point of order (4A, 35) stating that Councillor Liz Hardman had been denied her right to second the amendment, due to it being accepted into the substantive motion. Councillor Hardman had in fact seconded and spoken; however, this was not needed as it was a minor adjustment, which was accepted under rule 4A, 35. ]

Council has the discretion to amend the council tax premium charged for long-term empty properties, and encourage the return of empty dwellings for occupied homes.

The Council considered a report concerning its discretion to amend the council tax premium charged for long-term empty properties, and encouraging the return of empty dwellings for occupied homes.

On a motion from Councillor Richard Samuel, seconded by Councillor Tim Ball, it was

RESOLVED to

1.  Increase the council tax empty homes premium to 100% for properties empty for between two and five years, from 1^st April 2020; and

2.  Increase the council tax empty homes premium to 200% for properties empty for five years or more, from 1^st April 2020.

[Notes;

1.  The above resolution was carried with 45 Councillors voting in favour and 11 Councillors voting against.]

This report identifies the findings of a public consultation exercise and provides recommendations to Council about adopting the Statement of Licensing Policy and the revised CIA, following consideration by the Licensing Committee in October 2019.

The Council considered a report identifying the findings of a public consultation exercise and provides recommendations to Council about adopting the Statement of Licensing Policy and the revised CIA, following consideration by the Licensing Committee in October 2019.

On a motion from Councillor Paul Crossley, seconded by Councillor Manda Rigby, it was

RESOLVED unanimously that

1.  Council adopts the proposed Statement of Licensing Policy in Appendix 2 of the report, having regard to the responses from the public consultation exercise and officer recommendations in Appendix 1 of the report;

2.  The Council adopts the revised Cumulative Impact Assessment area (CIA) in Bath City Centre shown in Appendix 3 of the report, having regard to the data received from Avon and Somerset Police in Appendix 4 of the report, and the responses from the public consultation exercise and officer recommendations in Appendix 1 of the report.

This report seeks approval to the agreement to approve or adapt the Policy and Budget framework, in order to surrender the existing occupational lease at the subject property, subject to payment of a reverse premium by the Council to the tenant.

The Council considered a report seeking approval to the agreement to approve or adapt the Policy and Budget framework, in order to surrender the existing occupational lease at the subject property, subject to payment of a reverse premium by the Council to the tenant.

On a motion from Councillor Richard Samuel, seconded by Councillor Steve Hedges, it was

RESOLVED to approve that a reverse premium be paid to the tenant in order to obtain vacant possession of a valuable asset, as there is currently no budget for this proposal within the budget framework.

[Notes;

1.  The above resolution was carried with 33 Councillors voting in favour, 21 Councillors voting against and 1 abstention.

2.  Councillor Lisa O’Brien wished her view recorded that the resolution sought did not accord with Councillor Samuel’s explanation that this decision was solely about an amendment to the budget, the substantive decision being the one presented to him as a single member decision.]

This report gives details of performance against the Council’s Treasury Management Strategy and Annual Investment Plan for 2019/20 for the first six months of 2019/20.

The Council considered a report giving details of performance against the Council’s Treasury Management Strategy and Annual Investment Plan for 2019/20 for the first six months of 2019/20.

On a motion from Councillor Richard Samuel, seconded by Councillor Winston Duguid, it was unanimously

RESOLVED that;

1.  The Treasury Management Report to 30^th September 2019, prepared in accordance with the CIPFA Treasury Code of Practice, is noted; and

2.  The Treasury Management Indicators to 30^th September 2019 are noted.

This report asks Council to note the annual accounts of Aequus Developments Limited (ADL), Aequus Construction Limited (ACL) and Visit Bath.

The Council considered a report presenting the annual accounts of Aequus Developments Limited (ADL), Aequus Construction Limited (ACL) and Visit Bath.

On a motion from Councillor Richard Samuel, seconded by Councillor Tim Ball, it was

RESOLVED to;

1.  Note the ADL 2018/19 year end audited accounts (Appendix 1);

2.  Note the ACL 2018/19 year end audited accounts (Appendix 2); and

3.  Note the Visit Bath 2018/19 year end audited accounts (Appendix 3)

[Notes;

1.  The above resolution was carried with 39 Councillors voting in favour and 16 Councillors abstaining.

2.  Concern was raised during debate that the Visit Bath accounts included with the agenda pack were not signed.  The signed copy is attached to these minutes.]

This report updates Council on the use of Regulation of Investigatory and Investigatory Powers, policies and procedures.

The Council considered a report updating on the use of Regulation of Investigatory and Investigatory Powers, policies and procedures.

On a motion from Councillor Dine Romero, seconded by Councillor Paul Myers, it was unanimously

RESOLVED to

1.  Note the use of RIPA/IPA by the Council ; and

2.  Note the changes to the Council RIPA Policy & Procedures (to include IPA)

This is the Annual Report of the Corporate Audit Committee.

The Council considered the annual Report of the Corporate Audit Committee which details its work over the last year.

On a motion from Councillor Brian Simmons, seconded by Councillor Andy Furse, it was unanimously

RESOLVED to note the annual Report of the Corporate Audit Committee.

There were no items.