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.

Declarations were made by the following Councillors;

Item 7 – Statements from the public

·  Councillor Paul May declared a disclosable pecuniary interest with regard to the statement from UNISON about Sirona, as a non-executive Director of Sirona.  He left the Chamber while this statement was considered.

Item 8 – Joint Community Safety Plan

·  Councillor Joe Rayment declared an ‘other’ interest as an employee of DHI which is mentioned in the document.

Item 12 – Protocol on Council Company Governance

·  Councillor Charles Gerrish declared an ‘other’ interest as Chairman of ADL.

Item 15 – Labour motion – School Places and the Threatened Closure of Bath Studio School

·  Councillor Emma Dixon declared a disclosable pecuniary interest as she works as a Teaching Assistant at Saltford School, which is part of the Wellsway MAT.  She left the Chamber for this item.

·  Councillor Tim Ball declared an ‘other’ interest due to having children at the Studio School.

·  Councillor Liz Hardman declared an ‘other’ interest as a Governor at Aspire School run by the Wellsway MAT.

Item 17 – Liberal Democrat motion – SEND funding for Children

·  Councillor Tim Ball declared an ‘other’ interest as having children with special educational needs.

·  Councillor Robin Moss declared an ‘other’ interest as the Chair of the SEND partnership.

·  Councillor Charles Gerrish declared an ‘other’ interest as a school governor at Threeways school.

Item 18 – Liberal Democrat motion – People’s Vote

·  Councillor Robin Moss declared an ‘other’ interest, having signed the People’s Vote petition.

·  Councillor Eleanor Jackson declared a disclosable pecuniary interest as being in receipt of a German state pension.

During consideration of item 9 on the agenda ‘Influencing the central government policy agenda’, the Monitoring Officer re-issued a dispensation for all Councillors with interests in Airbnb, short term lets, hotels, guest houses etc to enable them to take part in the debate and vote.

On a motion from Councillor Tim Warren, seconded by Councillor Karen Warrington, it was

RESOLVED that the minutes of the meeting of 13^th September 2018 be confirmed as a correct record and signed by the Chair.

In addition to the customary announcements regarding meeting arrangements, the Chair made the following announcements;

·  She asked Councillors to note that the Monitoring Officer had agreed a minor amendment to the job title for the officer delegation for the Joint Spatial Plan (JSP) (granted at the 9^th November 2017 Council meeting) to change from Strategic Director for Place to ‘Corporate Director’.

·  She asked Councillors to stand for a minute’s silence in recognition of the WW1 centenary, and also to remember former B&NES and Avon Councillor Jim Lingard who has passed away.

·  She reminded Councillors of the programme of ceremonies and services for remembrance being offered in November 2018. [Details available in a leaflet on Reception and online.]

·  She invited Councillors to the Holocaust Memorial Day event – 24^th January (5.30 for 5.45 start) in the Alkmaar room.

·  She reminded Councillors and the public to nominate to the Young Stars Award recognising young people’s achievement;  www.bathnes.gov.uk/ouryoungstars

·  She reminded Councillors of the Chairs awards ceremony on February 27^th 2018, closing date for nominations 21^st December 2018.

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.

The Chair made reference to the Q&A document which had been circulated at the meeting and is attached to the online minutes.

Statements to the meeting were made by the following members of the public;

Andrew Dickens from the Lower Common East Allotment Association (LCEAA) addressed the Council and made reference to his requests at the September Council meeting which he explained had not been addressed.  He raised the same concerns about the rights of their allotment association regarding the access gates and noticeboards and called again for these rights to be properly respected.  Councillor Rob Appleyard asked Andrew if he was aware of any reason why the Council took the position that it did.  Andrew responded that he had been told that the access to gates and noticeboards was given to one association per site.  A copy of Andrew’s statement has been placed on the Council’s Minute book.  The Chair thanked Andrew for his statement which was referred to the relevant Cabinet Member.

Paul Roles made a statement in which he updated the Council on progress with the issues he had raised at the July meeting regarding Curo accommodation in Kingsmead.  He reported that, with the Cabinet Member’s help, there had been some progress on improving those issues.  He had also been reporting drug dealing and Curo had taken action in this regard the previous day.  Paul also raised the issue of mopeds in the city centre and problems with how they were sometimes parked across a full car space.  He suggested a consultation and then measures to enforce action (a sticker with a first warning and then fines).  Councillor Dine Romero asked Paul if he thought some of the issues he had raised were worse as a result of not having a local police station in Bath.  Paul replied that he definitely thought so.  The Chair thanked Paul for his statement which was referred to the relevant Cabinet Member.

David Redgewell made a statement on behalf of Bus Users UK.  He explained he had been pushing hard for the U1 and U2 services and thanked Councillor Mark Shelford for his help with that.  He expressed concern about the 179 service and wondered if CIL money could go towards supporting that service at the weekend.  Councillor Neil Butters asked if David considered that the transfer of powers to the Metro Mayor was proceeding according to the original timetable, to which David responded that pressure needed to be kept up for that.  A copy of David’s statement has been placed on the Council’s Minute book.  The Chair thanked David for his statement which was referred to the relevant Cabinet Member.

Andrew Jones made a statement about the Council’s planning website and requested it be modified to make the charges more evident.  Councillor Sarah Bevan asked Andrew to confirm if he had already achieved some minor amendments to the planning portal, to which he replied that the website had been significantly changed to help inform individuals, but that further changes  ...  view the full minutes text for item 51.

This draft joint Community Safety Plan sets out the joint community safety work to be carried out in Bath and North East Somerset by the Community Safety Partnership and Police and Crime Commissioner over the next three years. It reflects the outcomes of the recent Council Scrutiny Inquiry Day on Community Safety, which identified in particular the benefits of partnership working and recommended that such a joint plan be progressed.  The Plan addresses key issues relating to crime, disorder and anti-social behaviour in Bath and North East Somerset.

The Council considered a report presenting the Joint Community Safety Plan which sets out the joint community safety work which will be done by the Community Safety Partnership and the Police and Crime Commissioner over the next three years.

On a motion from Councillor Bob Goodman, seconded by Councillor Mark Shelford, it was unanimously

RESOLVED to adopt the Joint Community Safety Plan.

This report sets out progress made in developing a single document setting out the Council’s key requests of central government in order to create a more sustainable council.

The Council considered a report setting out progress made in developing a single document containing the Council’s key requests of central government in order to create a more sustainable Council.

On a motion from Councillor Tim Warren, seconded by Councillor Lisa O’Brien, it was

RESOLVED

1.  To support the outlined proposals in the attached document Thriving in uncertain times, but note that the total estimated additional income to the Council if all of these proposals were agreed to by government would only be an estimated £2.3m p.a.

2.  To adopt the document attached as the Appendix as its core position statement in order to influence the central government policy agenda, with the following amendment:

Delete, on page 3, from 'This document is not about...' to '...future funding of local authorities'. Replace with:

'This document sets out our thinking about how local authorities such as B&NES can be granted new powers to raise revenues in order to alleviate some of the pressure that has resulted from demographic changes and significant reductions in our Revenue Support Grant. These proposals reflect the changes that have taken place in recent years such as the growth of Universities and changes to the retail sector, including the growth of e-commerce. We want to be a constructive voice in the debate around the future funding of local authorities, and this document outlines some ways that we could raise revenues through new powers and technical changes, rather than increased grant funding. However, we will also press central Government to restore money directly to us through the Revenue Support Grant, as this is the only way that we will be able to continue to deliver for our residents.'

3.  And with the following further amendment to update the section on page 7 ii) b) Technical Changes that can be achieved in the shorter term so that this paragraph now contains the replacement underlined words, and now reads;

‘Fees for listed building applications:  B&NES receives around 800-900 such applications per year, which rightly require time and resources from the council to deal with. We strongly support the need to maintain and safeguard listed buildings for the future, and indeed are very proud of our approach to listed buildings in our area. However, we believe it is unreasonable to expect a small authority to pick up the disproportionate cost of having such a high concentration of listed buildings and we will be engaging further on how best to compensate Bath & North East Somerset for these costs.’

4.  Ensure that relevant Secretaries of State, local Members of Parliament, key officials and other relevant stakeholders receive a copy of the adopted document;

5.  Use the document in order to continue to seek influence on central government; and

6.  Encourage local stakeholders to use the document to also influence central government to benefit Bath & North East Somerset residents and businesses.

[Notes;

1.  During debate, an unsuccessful amendment was moved by Councillor Richard Samuel, and seconded by Councillor Dine Romero, to  ...  view the full minutes text for item 53.

On 7 August 2018 the Local Government Boundary Commission for England (LGBCE) published its final recommendations on the electoral review of Bath & North East Somerset Council’s ward boundaries. In order to re-align the polling districts with the new scheme, the Council has conducted a review of polling districts and the Returning Officer has submitted a plan of polling stations for the local elections in May 2019.

The Council considered a report presenting a plan of polling stations for the local elections in May 2019, following the Local Government Boundary Commission for England publishing its final recommendations on the electoral review of B&NES ward boundaries.

On a motion from Councillor Tim Warren, seconded by Councillor Dine Romero, it was unanimously

RESOLVED

1.  To approve the new polling district scheme; and

2.  To note the proposed polling station plan, acknowledging that work is still in progress, and that the Returning Officer will continue to liaise with Ward Councillors and Parish Councils in order to identify the most suitable venues.

The Gambling Act 2005 (The Act) requires that licensing authorities review their Statement of Principles with regard to gambling every three years.  Following the completion of a consultation exercise, and a recommendation from the Licensing Committee, Council is asked to consider the responses received and the officer recommendations, before adopting the proposed Statement of Principles provided in Appendix B.

The Council considered a report seeking adoption of the Statement of Principles with regard to gambling which, under the Gambling Act 2005, is required to be reviewed every three years.  This follows consultation and a recommendation of the Licensing Committee.

On a motion from Councillor Bob Goodman, seconded by Councillor Les Kew, it was

RESOLVED to adopt the Statement of Principles provided in Appendix B to the report, having had regard to the responses received following the public consultation exercise, as recommended by the Licensing Committee.

[Notes:

1.  The above resolution was carried with 50 Councillors voting in favour, 2 Councillors voting against and 3 Councillors abstaining.]

This report sets out the progress made on implementing the decisions of the Council on 14^th September 2017 relating to the governance arrangements for local authority trading companies.

The Council considered a report setting out the progress made on implementing the decisions of Council on 14^th September 2017 relating to the governance arrangements for local authority trading companies.

Councillor Sarah Bevan, as Chair of the Resources Policy Development & Scrutiny Panel, informed Councillors of her Panel’s recommendations when they considered this item earlier in the week.  Those recommendations were incorporated into the resolution below.

On a motion from Councillor Tim Warren, seconded by Councillor Charles Gerrish, it was

RESOLVED to approve the proposed amendments to the Protocol for governance arrangements of local authority trading companies and the consequent Constitution changes, as set out in the report and summarised in paragraph 5.2, with the addition of the following further recommendations from Resources Policy Development & Scrutiny Panel;

1.  With regard to the Group Leaders Briefing (Appendix E, page 215 of the agenda pack),

  i.  the Group Leaders may hold a separate briefing to discuss such matters if they wish (separate from their standard meetings which can be time pressured) and may send an appropriate substitute from their group;

  ii.  Minutes should be taken at the above briefings;

  iii.  Group Leaders (or their substitutes) can ask that their concerns (or dissent) are noted in the minutes; and

2.  The proposals for Scrutiny should be reviewed early in the new administration (after May 2019, but before November 2019).

[Notes:

1.  The above resolution was carried with 52 Councillors voting in favour and 2 Councillors abstaining.]

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 six months of 2018/19.

The Council considered the Treasury Management quarter 2 performance report.

On a motion from Councillor Charles Gerrish, seconded by Councillor Paul May, it was unanimously

RESOLVED to note;

1.  The Treasury Management Report to 30th September 2018, prepared in accordance with the CIPFA Treasury Code of Practice; and

2.  The Treasury Management Indicators to 30th September 2018.

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

The Council considered a report providing an update on the use of the Regulation of Investigatory Powers policies and procedures.

On a motion from Councillor Tim Warren, seconded by Councillor Dine Romero, it was unanimously

RESOLVED

1.  To note that no Inspector’s report for 2018 has been received; and

2.  To note the Council’s use of RIPA.

On a motion from Councillor Tim Warren, seconded by Councillor Paul May, it was

RESOLVED that

This Council notes that;

1.  Ministers from the Department for Education (DfE) have given their in-principle agreement to the termination of the Bath Studio School’s funding agreement following a request by the Wellsway Multi Academy Trust to seek this by mutual agreement. This decision was not made by the Council but instead by the Regional Schools Commissioner.

2.  It is proposed that following the termination of the funding agreement, the Bath Studio School will close in August 2020.

3.  A high proportion of current pupils at Bath Studio School transferred there from Bath Community Academy (BCA) which closed its doors for the last time in July. Without these additional pupils, the lack of parental demand for the school would have been much starker, resulting in a recommendation for closure even earlier.

4.  Bath Studio School has one of the highest proportions of students eligible for free school meals in Bath.

5.  Bath Studio School only opened in 2014 and has only had one full Ofsted inspection.

6.  Bath Studio School has state of the art facilities, specialising in digital media, which is a growing and vital industry in the West of England.

7.  That current students at BSS will be able to complete their existing course of study, either to 16, when many pupils naturally transition to a new establishment for Sixth Form or college course, or to 18 when they would have finished school anyway.

8.  That there is a range of ‘good’ or ‘outstanding’ educational options available locally including multiple Sixth Form or college options and two other more successful studio schools within B&NES.

This Council believes that:

9.  That the Secretary of State and Regional Schools Commissioner, working with the Wellsway MAT have a duty to consider all possible options to make the school viable, but if they are satisfied that these options have been exhausted, they still have a duty to local pupils to ensure they have better educational opportunities available.

10.The quality of educational experience and outcomes for pupils should be the paramount factor in determining a school’s viability.

Council resolves therefore:

11.To ask the cabinet member to write to the Wellsway MAT and RSC to ask them to ensure that if, following due process, they agree to the closure of the school, that: -

a.  BSS pupils are given as much support as possible to successfully complete their current course of study without disruption, and to then successfully move on from BSS to their next preferred destination;

b.  They will work with other local education providers to make the best use of the specialist resources owned by BSS and to consider if other providers can adapt their Sixth Form curriculum offer to address needs formerly met by BSS;

c.  That the future opportunities for children and parental choice shall be explored by all parties to provide long term sustainable educational uses in the  ...  view the full minutes text for item 59.

On a motion from Councillor Charles Gerrish, seconded by Councillor Chris Watt, it was

RESOLVED

Council notes that:

1.  The 2018 House of Commons Treasury Committee report Household Finances: Income Saving and Debt, found that government and local authorities are often found to be the most zealous and unsympathetic of creditors in collecting arrears, with routine recourse to bailiffs.

2.  It concluded that the public sector should be leading by example in their treatment of the most financially vulnerable, but that the current approach risks driving them into further difficulties.

3.  Citizens Advice, in its evidence to the Treasury Committee, said that Government and local authority debt collection practices have a lot to learn from consumer creditors who have been brought into line both by regulation and by the realisation that aggressive collection methods are not effective at getting money out of people.

4.  Bath and North East Somerset has a significant number of payment plans with residents either directly or through advice agencies and seeks to use alternative methods of debt recovery. However, as in many other local authorities, once an individual falls behind with their Council Tax the right to pay by instalments can be withdrawn, formal action to recover the money owed can move very rapidly and costs to the Council Tax payer can rise sharply.

5.  During 2017/18, 2852 liability orders for Council Tax were sent to bailiffs in B&NES. Once a Council Tax debt has been referred to bailiffs it incurs additional bailiff fees thereby exacerbating an already difficult situation.

6.  Officers in B&NES are about to enter into discussions about early referrals to Citizens Advice to support people experiencing difficulties paying their Council Tax.

7.  The London Borough of Hammersmith and Fulham has said it will stop using bailiffs for unpaid Council Tax. Bristol City Council is also piloting an approach to a more ethical form of Council Tax collection.

This Council believes that:

8.  It is important that residents pay their Council Tax. Any money not collected is money that can’t be spent on delivering the services that residents depend upon.

9.  In cases where people are able to pay but choose not to, the Council must act to recover the money owed.

10.However, where people are struggling with arrears, they should be offered help to produce affordable payment plans. Alongside this, early intervention and money management services should be used to support people before they fall behind with their payments.

Council resolves therefore:

11.To agree in principle that, as the Council is currently reviewing its total Debt Management Policy, that officers should provide their conclusions to the Corporate Audit Committee in February to which the Resources Policy Development & Scrutiny Panel members should be invited, which in turn should consider the Council’s proposed approach to debt collection before any final decision is made.

[Notes:

1.  The above resolution replaced the Labour motion which had been included with the agenda pack, and was carried on a vote of 42 Councillors  ...  view the full minutes text for item 60.

On a motion from Councillor Dine Romero, seconded by Councillor Tim Ball, it was

RESOLVED unanimously that

Council notes:

1.  The serious concerns raised by parents and teachers in Bath and North East Somerset regarding school funding.

2.  The particular concerns around funding for young people with a special educational need or disability. There are over 4,200 children and young people locally either receiving SEND Support in mainstream schools or having an Education Health and Care Plan, with the number of EHC Plans or Statements having risen by 58% between January 2015 and January 2018. SEND services are under particular pressure due to a combination of growing demand and complexity of need; rising costs for specialist provision; the pressure on places in the outstanding special schools in B&NES due to the number of children being placed here by other Local Authorities; and the under-funding of the positive SEND Reforms introduced by government. Sufficient funding is vital to ensure that children are able to access the specialist education and support that they need in order to thrive.

3.  The recent meeting for parents and carers, which was organised by the National Association of Head Teachers and the National Education Union, and at which the massive pressure on school budgets locally were highlighted.

4.  That whilst B&NES schools remain under pressure, they have received the best funding settlement in the country over the last two years at 7.8%, this reflects that our schools are funded above the regional average and just below the national average.

Council resolves to:

5.  Back local children, parents, carers, teachers, other schools staff and the LGA who are campaigning for better funding for our schools and education system.

6.  Instruct the Leader of Council to write to the Secretary of State for Education and to the MPs for Bath and North East Somerset highlighting the impact of funding pressures locally and calling for additional funding to be made available for schools and particularly for SEND services.

[Notes:

1.  The above resolution contains suggested wording from Councillor Paul May, comprising resolution 4, and the words ‘and the LGA’ in resolution 5, which were accepted into the substantive motion by the mover and seconder.]

On a motion from Councillor Tim Warren, seconded by Councillor Colin Blackburn, it was

RESOLVED

To note that:

1.  The outcome of the United Kingdom European Union membership referendum of 23^rd June 2016;

2.  The question posed in the referendum presented a binary choice;

3.  On Saturday 20^th October 2018, over 700,000 people marched in London to support a People’s Vote on the final outcome of the government’s exit negotiations with the European Union.  This represented the second largest protest march ever hosted by our capital city.

To recommend that:

4.  Those who express support for either side of the argument should write to the Member of Parliament in order to register their interest on the issue with them.

[Notes;

1.  The above resolution was moved as an amendment to the motion published with the agenda and was carried with 33 Councillors voting in favour, 15 Councillors voting against and 6 abstentions.

2.  The substantive motion was carried with 33 Councillors voting in favour, 4 Councillors voting against and 17 abstentions.]

The Chair made reference to the question from Councillor Richard Samuel which had been circulated.

Councillor Richard Samuel then made a statement to the meeting calling for more clarity on the proposals for Bath Central Library.  The statement was referred to the relevant Cabinet Member.