Agenda, decisions and minutes


Council
Monday 14 December 2015 6.30 pm

Venue: Bodicote House, Bodicote, Banbury, OX15 4AA

Contact: Natasha Clark, Democratic and Elections  Email: natasha.clark@cherwellandsouthnorthants.gov.uk, 01295 221589

Media

Items
No. Item

49.

Declarations of Interest

Members are asked to declare any interest and the nature of that interest which they may have in any of the items under consideration at this meeting.

Additional documents:

Minutes:

Members declared interests in the following agenda items:

 

8. Questions.

Councillor Claire Bell, Disclosable Pecuniary Interest, in agenda item 8 (a), Written Questions, as she worked at East Street Centre, Calder Close, Banbury  and was therefore an employee of Oxfordshire County Council.

 

Councillor G A Reynolds, Non Statutory Interest, in agenda item 8(a), Written Questions, as an Oxfordshire County Council Councillor, which was carrying out the consultation.

 

Councillor Lawrie Stratford, Non Statutory Interest, in agenda item 8(a), Written Questions, as an Oxfordshire County Council Councillor, which was carrying out the consultation.

 

Councillor Les Sibley, Non Statutory Interest, in agenda item 8(a), Written Questions, as an Oxfordshire County Council Councillor, which was carrying out the consultation.

 

Councillor Mark Cherry, Non Statutory Interest, in agenda item 8(a), Written Questions, as an Oxfordshire County Council Councillor, which was carrying out the consultation.

 

Councillor Maurice Billington, Non Statutory Interest, in agenda item 8(a), Written Questions, as an Oxfordshire County Council Councillor, which was carrying out the consultation.

 

Councillor Surinder Dhesi, Non Statutory Interest, in agenda item 8(a), Written Questions, as an Oxfordshire County Council Councillor, which was carrying out the consultation.

 

Councillor Timothy Hallchurch MBE, Non Statutory Interest, in agenda item 8(a), Written Questions, as an Oxfordshire County Council Councillor, which was carrying out the consultation.

 

9. Motions

Councillor Surinder Dhesi, Declaration, as she worked in a retail outlet located in Castle Quay, Banbury

 

10. Licensing Act 2003: Review of Statement of Licensing Policy.

Councillor Nicholas Turner, Declaration, as a personal licence holder and would abstain from the vote.

 

14. Notification of Urgent Action: Councillor Dispensation.

Councillor Melanie Magee, Declaration, as she was the subject of the report and would leave the room for the duration of the item.

 

50.

Communications pdf icon PDF 372 KB

To receive communications from the Chairman and/or the Leader of the Council.

 

Additional documents:

Minutes:

The Chairman made the following announcements:

 

Former Cllr Paul O’Sullivan

The Chairman referred to the sad passing of former Councillor Paul O’Sullivan on 9 December 2015. Paul had served as a Conservative member for the Deddington ward of Cherwell District Council between 1994 and 2014. 

During his time as a councillor, Paul served on the Planning Committee, Licensing Committee, Appeals Panel and Standards Committee. He was appointed Member Champion for Older People in December 2012 following the creation of the Member Champion role and was very active in the role until he retired as a councillor in May 2014.


Paul’s funeral would take place at Steeple Aston Church at 11am on Monday 21 December.

 

A number of Members paid tribute to former Councillor O’Sullivan. 

 

Council observed a period of silence.

 

Recording at meetings

The Chairman advised Council that members of the public were permitted to film, broadcast and report on the meeting, subject to the efficient running of the meeting not being affected.

 

Chairman’s Engagements

The Chairman reported that a copy of the events attended by herself or the Vice-Chairman was included in the agenda pack.

 

Chairman’s Dinner

The Chairman reported on her ‘Winter Wonderland’ dinner which had been held on Saturday 28 November 2015. The Chairman thanked everybody who had attended and donated. It had been a very successful evening with around £2400 raised.

 

Post

The Chairman reminded Members to collect post from pigeon holes

 

51.

Petitions and Requests to Address the Meeting

The Chairman to report on any requests to submit petitions or to address the meeting.

Additional documents:

Minutes:

There were no petitions or requests to address the meeting.

 

52.

Urgent Business

The Chairman to advise whether they have agreed to any item of urgent business being admitted to the agenda.

 

Additional documents:

Minutes:

There were no items of urgent business.

53.

Minutes of Council pdf icon PDF 342 KB

To confirm as a correct record the Minutes of Council held on 19 October 2015.

Additional documents:

Minutes:

The minutes of the meeting held on 19 October 2015 were agreed as a correct record and signed by the Chairman.

54.

Minutes pdf icon PDF 2 MB

a)         Minutes of Executive, Lead Member Decisions and Executive Decisions not included in the 28 day notice

 

The Leader of the Council to formally propose that the minutes of the meetings of the Executive and Lead Member Decisions as set out in the Minute Book (circulated separately) be received and to report that since the last meeting 4 decisions, relating to the Weston on the Green Application for Designation as a Neighbourhood Area, the Award of Liquid Fuel Contract, Safeguarding and South West Bicester Update, have been taken by the Executive which were not included in the 28 day notice.

 

b)         Minutes of Committees

 

The Leader of the Council to formally propose that the minutes of committees as set out in the Minute Book (circulated separately) be received.

Additional documents:

Minutes:

a)            Minutes of the Executive, Lead Member Decisions and Executive Decisions made under Special Urgency

 

Resolved

 

That the minutes of the meeting of the Executive and Lead Member decisions as set out in the Minute Book be received and it be noted that since the last meeting 4 decisions, relating to the Weston on the Green Application for Designation as a Neighbourhood Area, the Award of Liquid Fuel Contract, Safeguarding and South West Bicester Update, have been taken by the Executive which were not included in the 28 day notice.

 

b)           Minutes of Committees

 

Resolved

 

That the minutes of Committees as set out in the Minute Book be received.

 

 

55.

Questions pdf icon PDF 106 KB

a)         Written Questions

 

            At the time of agenda publication, one written question had been received in accordance with the Constitution.

 

A written response to the question will be circulated at the meeting.

 

A supplementary question by the Member who submitted the written question provided it is related to the reply and does not introduce any new matter is permitted.

 

b)         Questions to the Leader of the Council

 

The Chairman to invite questions to the Leader of the Council (including any matters arising from the minutes).

 

Following a response to their question being provided members will be entitled to a follow up or supplementary question.

 

c)         Questions to Committee Chairmen on the minutes

 

The Chairman to invite questions to Chairmen of Committees on any matter arising from the minutes of their committee (if any).

Additional documents:

Minutes:

a) Written Questions

 

Councillor Sean Woodcock submitted a written question to the Leader of the Council. A response from Councillor Barry Wood, Leader of the Council, was tabled at the meeting.

 

Question:

At our previous meeting, it was resolved that officers would provide advice on how this authority would respond to the threat to the district's children's centres. Can the Leader of the Council provide an update on what has been done since for each of the children's centres in Cherwell?

 

Response:

The proposal to cut the early years and early intervention services and close children centres and replace these with a much smaller number of family centres is of real concern to Cherwell District Council. The investment and foresight of providing children centres and early intervention hubs relatively recently has resulted in much valued services for local people many of whom are our most vulnerable and most in need of support.

 

It is clear that the current children’s centres and early intervention hubs play a key role in delivering important local services, most of which are County Council related. It is however also clear, that the scale of the OCC budget cuts require substantial change and result in little chance of retaining all current services and premises.

 

The Council does not have the organisational structure nor expertise to get heavily involved in these County Council services. However, it does wish to support the search for alternative delivery solutions for each of the ten children’s centres and two early intervention hubs in the District, is prepared to play its part in this process and has undertaken the following actions since the consultation process began;

 

-       Regular contact with OCC lead officers over their liaison with each centre in Cherwell and the development of alternative service delivery models;

-       Consideration of the use of this Council’s network of voluntary and community organisations to explore alternative delivery models;

-       Consideration on how the Council can assist OCC in the facilitation process for each centre; and

-       Meeting with representatives from the Sunshine Centre in Banbury and the Butterflies Children Centre in Bloxham to consider future service provision.  

 

It is intended that the Executive at its meeting on 4 January 2016 will consider a formal consultation response to OCC. 

 

By way of a supplementary question, Councillor Woodcock asked when there would be a full Council debate on the council’s reponse to the consultation. Councillor Wood responded that in this instance “council” referred to the corporate entity and the council’s consultation response would be submitted in accordance with the council’s standing orders and delegations. Councillor Woodcock, as Leader of the Labour Group, had a standing invitation to attend Executive and any other Member could attend the meeting of 4 January 2016 at which the consultation response would be considered and request to address the meeting.

 

(Councillor Bell left the meeting for the duration of this item)

 

b) Questions to the Leader of the Council

 

Questions were asked and answers received on the following issues:  ...  view the full minutes text for item 55.

56.

Motions

To debate a motion which has been submitted with advance notice, in accordance with the constitution.

 

Car Parking

This Council notes with concern the decline in revenues to the authority from district council car parks and from commercial rental income in particular at Castle Quay, Banbury.

 

This Council also notes the feedback from businesses and the general public on the impact that parking charges has on visitor footfall into our town centres.

 

So noted, this council asks the Executive to implement a month-long suspension of parking charges in its car parks from 9.30am on Thursdays in February 2016 excepting ultra short stay car parks and drop-off points.

 

This temporary suspension of charges should be accompanied by a detailed study on the effect that it does, or does not, have on visitor numbers to our town centres. In doing so this Council believes it will restore public confidence in its commitment to prosperous town centres.

 

Proposer: Councillor Sean Woodcock

 

Additional documents:

Decision:

Having been put to the vote, the motion was not carried.

 

 

Minutes:

Car Parking

 

It was moved by Councillor Woodcock, and seconded by Councillor Richards that the following motion be adopted:

 

“This Council notes with concern the decline in revenues to the authority from district council car parks and from commercial rental income in particular at Castle Quay, Banbury.

 

This Council also notes the feedback from businesses and the general public on the impact that parking charges has on visitor footfall into our town centres.

 

So noted, this council asks the Executive to implement a month-long suspension of parking charges in its car parks from 9.30am on Thursdays in February 2016 excepting ultra-short stay car parks and drop-off points.

 

This temporary suspension of charges should be accompanied by a detailed study on the effect that it does, or does not, have on visitor numbers to our town centres. In doing so this Council believes it will restore public confidence in its commitment to prosperous town centres.”

 

The motion was debated and subsequently put to the vote. In accordance with the request that had been moved and seconded for a recorded vote, this was duly taken. Members voted as follows:

 

Councillor Ken Atack – Against

Councillor Andrew Beere – For

Councillor Claire Bell - For

Councillor Maurice Billington – Against

Councillor Fred Blackwell - Against

Councillor Norman Bolster – Against

Councillor Mark Cherry – For

Councillor Colin Clarke - Against

Councillor Ian Corkin - Against

Councillor Surinder Dhesi – For

Councillor Michael Gibbard – Against

Councillor Carmen Griffiths - Against

Councillor Tim Hallchurch MBE – Against

Councillor Chris Heath - Against

Councillor David Hughes – Against

Councillor Shaida Hussain – For

Councillor Tony Ilott – Against

Councillor Ray Jelf – Against

Councillor Matt Johnstone - For

Councillor James Macnamara – Against

Councillor Melanie Magee - Against

Councillor Nicholas Mawer – Against

Councillor Alistair Milne Home - Against

Councillor Richard Mould - Against

Councillor Debbie Pickford - Against

Councillor James Porter – Against

Councillor Lynn Pratt – Against

Councillor Nigel Randall – Against

Councillor G A Reynolds – Against

Councillor Sandra Rhodes - Against

Councillor Barry Richards - For

Councillor Daniel Sames – Against

Councillor Les Sibley – Abstain

Councillor Lawrie Stratford – Against

Councillor Rose Stratford – Against

Councillor Lynda Thirzie Smart – Against

Councillor Nicholas Turner – Against

Councillor Douglas Webb - Against

Councillor Bryn Williams – Against

Councillor Douglas Williamson - Against

Councillor Barry Wood – Against

Councillor Sean Woodcock – Against

 

Accordingly the motion was lost.

 

 

 

57.

Licensing Act 2003: Review of Statement of Licensing Policy pdf icon PDF 122 KB

Report of Shared Interim Public Protection & Environmental Health Manager

 

Purpose of report

 

To consider a revised Statement of Licensing Policy as part of the Licensing Act 2003.

 

Recommendations

            

The meeting is recommended:

 

1.1       To approve and adopt the revised Cherwell District Council Statement of Licensing Policy.

 

Additional documents:

Decision:

Resolved

 

(1)          That the revised Cherwell District Council Licensing Act 2003 Statement of Licensing Policy (annex to the Minutes as set out in the Minute Book) be approved and adopted.

 

Minutes:

The Shared Interim Public Protection & Environmental Health Manager submitted a report to consider a revised Statement of Licensing Policy as part of the Licensing Act 2003.

 

Resolved

 

(1)          That the revised Cherwell District Council Statement of Licensing Policy be approved and adopted.

 

58.

Gambling Act 2005: Review of Statement of Licensing Principles pdf icon PDF 136 KB

Report of Shared Interim Public Protection and Environmental Health Manager

 

Purpose of report

 

To consider a revised Statement of Licensing Principles as part of the Gambling Act 2005.

 

Recommendations

            

The meeting is recommended:

 

1.1       To approve and adopt the revised Cherwell District Council Statement of Licensing Principles.

 

Additional documents:

Decision:

Resolved

 

(1)          That the revised Cherwell District Council Gambling Act 2005 Statement of Licensing Principles (annex to the Minutes as set out in the Minute Book) be approved and adopted.

Minutes:

The Shared Interim Public Protection and Environmental Health Manager submitted a report to consider a revised Statement of Licensing Principles as part of the Gambling Act 2005.

 

Resolved

 

(1)          That the revised Cherwell District Council Gambling Act 2005 Statement of Licensing Principles be approved and adopted.

59.

Council Tax Reduction Scheme 2016-2017 pdf icon PDF 142 KB

Report of Head of Finance and Procurement

 

Purpose of report

 

To enable Council to approve the Council Tax Reduction Scheme for 2016-17.

 

Recommendations

            

The meeting is recommended:

 

 1.1        To approve the current Council Tax Reduction Scheme (CTRS) for the year 1 April

2016to 31 March 2017 as indicated in the report.

 

1.2       To delegate authority to the Council’s section 151 officer in consultation with the Lead Member for Financial Management to determine if any further amendments to the CTRS are required by 31 January 2016 and, if so, to make them.

 

Additional documents:

Decision:

Resolved

 

(1)          That the current Council Tax Reduction Scheme (CTRS) for the year 1 April 2016 to 31 March 2017 be approved.

 

(2)          That authority be delegated to the Council’s section 151 officer in consultation with the Lead Member for Financial Management to determine if any further amendments to the CTRS are required by 31 January 2016 and, if so, to make them.

 

Minutes:

The Head of Finance and Procurement submitted a report to enable Council to approve the Council Tax Reduction Scheme for 2016-17.

 

Resolved

 

(1)          That the current Council Tax Reduction Scheme (CTRS) for the year 1 April 2016 to 31 March 2017 be approved.

 

(2)          That authority be delegated to the Council’s section 151 officer in consultation with the Lead Member for Financial Management to determine if any further amendments to the CTRS are required by 31 January 2016 and, if so, to make them.

 

60.

Calendar of Meetings 2016/17 and Draft Calendar of Meetings 2017/18 pdf icon PDF 175 KB

Report of Head of Law and Governance

 

Purpose of report

 

Council is asked to consider the calendar of meetings for the municipal year 2016/17 and the municipal year 2017/18.   

 

Recommendations

            

The meeting is recommended:

 

 1.1        To approve the calendar of meetings for Cherwell District Council (CDC) for the municipal years 2016/17 (Appendix 1) and 2017/18 (Appendix 2).

 

1.2      To approve the joint calendar of meetings 2016/17 (Appendix 3) and 2017/18 (Appendix 4), subject to similar agreement by South Northamptonshire Council.

 

Additional documents:

Decision:

Resolved

 

(1)          That the calendar of meetings for Cherwell District Council (CDC) for the municipal years 2016/17 and 2017/18 be approved.

 

(2)          That the joint calendar of meetings 2016/17 and 2017/18, subject to similar agreement by South Northamptonshire Council, be approved.

 

Minutes:

The Head of Law and Governance submitted a report which sought consideration of the calendar of meetings for the municipal year 2016/17 and the municipal year 2017/18.

 

Resolved

 

(1)          That the calendar of meetings for Cherwell District Council (CDC) for the municipal years 2016/17 and 2017/18 be approved.

 

(2)          That the joint calendar of meetings 2016/17 and 2017/18, subject to similar agreement by South Northamptonshire Council, be approved.

 

(Having declared an interest in the following item, the Chairman left the meeting at the conclusion of this item whereupon the Vice-Chairman took the Chair)

 

61.

Notification of Urgent Action: Councillor Dispensation pdf icon PDF 117 KB

Report of Chief Executive

 

Purpose of report

 

To inform the Council of a decision taken under urgency powers by the Chief Executive in relation to the granting of a dispensation to Councillor Melanie Magee from 19 November to 14 December 2015.

 

Recommendations

            

The meeting is recommended:

 

 1.1        To note the decision taken under urgency powers by the Chief Executive in consultation with the Vice Chairman of the Council in relation to the granting of a dispensation to Councillor Melanie Magee from 19 November to 14 December 2015.

 

Additional documents:

Decision:

Resolved

 

(1)          That the decision taken under urgency powers by the Chief Executive in consultation with the Vice Chairman of the Council in relation to the granting of a dispensation to Councillor Melanie Magee from 19 November to 14 December 2015 be noted.

Minutes:

The Chief Executive submitted a report which informed the Council of a decision taken under urgency powers by the Chief Executive in relation to the granting of a dispensation to Councillor Melanie Magee from 19 November to 14 December 2015.

 

Resolved

 

(1)          That the decision taken under urgency powers by the Chief Executive in consultation with the Vice Chairman of the Council in relation to the granting of a dispensation to Councillor Melanie Magee from 19 November to 14 December 2015 be noted.

 

(At the conclusion of this item the Chairman re-joined the meeting and re-took the Chair)

62.

Exclusion of the Press and Public

The Chairman, will if necessary, move the exclusion of the press and public if members have indicated (under the relevant agenda item) they wish to ask a question on any matter arising from an exempt minute.

 

In making the decision, members should balance the interests of individuals or the Council itself in having access to the information. In considering their decision members should also be mindful of the advice of Council Officers.

 

Should members decide not to discuss the issue in public, they are recommended to pass the following recommendation:

 

“That, in accordance with Section 100A(4) of Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the likely disclosure of exempt information as defined in paragraphs of Schedule 12A of that Act, as set out in the Minute Book.”

Additional documents:

Minutes:

There being no questions on exempt minutes, it was not necessary to exclude the press and public.

63.

Questions on Exempt Minutes

Members of Council willask questions on exempt minutes, if any.

Additional documents:

Minutes:

There were no questions on exempt minutes.