Agenda, decisions and minutes

The Chairman welcomed the Deputy Police and Crime Commissioner, Matthew Barber, the Chief Constable, Frances Habgood, and Superintendent Mark Johns, LPA Commander for Cherwell to the meeting advising they would be giving a presentation to Council.

The Chairman welcomed members of the Heyford and Bicester Veterans Group to the meeting.

The Chairman also welcomed Nick Graham, Director of Law and Governance, to his second Council meeting.

10. Motions.

Councillor James Macnamara, Declaration, as a Magistrate and would leave the meeting for the duration of the item.

Councillor Surinder Dhesi, Declaration, as she was in independent custody visitor at Banbury Police Station.

13. Appointment of Monitoring Officer and Deputy Electoral Registration Officer.

Natasha Clark, Declaration, as she was to be proposed to be appointed Deputy Electoral Registration for Cherwell District Council and would leave the meeting for the duration of the item.

Nick Graham, Declaration, as he was to be proposed to be appointed Monitoring Officer for Cherwell District Council and would leave the meeting for the duration of the item.

The Chairman and Chief Executive made the following announcements.

Chairman’s Engagements

The Chairman advised that a copy of the events attended by himself or the Vice-Chairman was included in the published agenda pack. The Chairman advised Council that he was hosting a Bingo night on 7 December and encouraged Members to attend as all proceeds from the event would go towards the Chairman’s charities for the year, Kidlington Youth Football, Garden City Football Club, Evans Lane FC and the St John’s Hall Children’s Centre in Kidlington

Heyford & Bicester Veterans Association

The Chief Executive referred to the remembrance memorial the Association had put in in the chamber and invited Martin Brimacombe from the Heyford & Bicester Veterans Association to say a few words.

Martin Brimacombe introduced Ian Ridley and Tracey Ridley, who had started the Group with him in 2016. Martin gave an overview of the group, which meets in Upper Heyford community centre, on the First Friday of each month. The meeting is a chance for local veterans to meet and a catch up with friends. While at the meeting veterans can also get help filling out forms and applications, get advice and confidential support from relevant service charities and organisations.

Kidlington Girl Guides

The Chairman reported that he was pleased to let Council know that the Kidlington Girl Guides’ new building was nearly finished. This wouldn’t have been possible without the loan from Cherwell District Council and he and the Guides were extremely grateful to the council.

James Doble, Assistant Director: Law and Governance / Monitoring Officer

The Chairman explained that whilst James wasn’t leaving his employment with Cherwell District Council until December, this was the last Full Council meeting he would be attending so the Chairman was taking the opportunity to thank James for his hard work for CDC since he joined in March 2008, and also SNC since the shared working arrangements from 2010. The Chairman also paid particular thanks to James for the help and support he had provided to him personally.

The Leader of the Labour Group, Councillor Woodcock, and the Leader of the Council, Councillor Wood, extended their gratitude and best wishes to James

On behalf of Council, the Chairman wished James all the best in his new role at Stoke-on-Trent Council.

Member Allowance Survey

The Chief Executive reminded councillors of the Members’ Allowance Survery requesting that if they hadn’t already done so, to complete the survey via Survey Monkey or a paper copy. The responses received were valued by the Independent Remuneration Panel who use the information when forming their recommendations on member allowances for the next financial year.

Staff Choir Performance

The Chief Executive advised Council that before the next meeting of Full Council on Monday 17 December, from 5.45pm, the staff choir will be putting on a performance of Christmas carols for Members. Members will be able to join in the singing as the words will be on the screens and the Leader has also agreed to provide mince pies.

Post

The  ...  view the full minutes text for item 52.

To confirm as a correct record the Minutes of Council held on 3 September 2018.

The minutes of the meeting held on 3 September 2018 were agreed as a correct record and signed by the Chairman.

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 of Council held on 3 September 2018, no decisions 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.

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 that it be noted that since the last meeting of Council on 3 September 2018 no decisions had 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.

The Deputy Police and Crime Commissioner for Thames Valley, Matthew Barber, and the Chief Constable of Thames Valley Police, Francis Habgood, will be invited to address Council.

Members will then have an opportunity to ask questions of the Deputy Police and Crime Commissioner and the Chief Constable.

The Chairman invited the Deputy Police and Crime Commissioner for Thames Valley, Matthew Barber, and the Chief Constable of Thames Valley Police, Francis Habgood, to address the meeting regarding policing in Thames Valley.

Following the presentation, a number of Members asked questions and answers were duly provided by the Deputy Police and Crime Commissioner, the Chief Constable and the LPA Commander for Cherwell, Superintendent Mark Johns.

The Chairman thanked the Deputy Police and Crime Commissioner, the Chief Constable and Superintendent Johns for their attendance.

a)         Written Questions

            To receive any written questions and answers which have been submitted with advance notice in accordance with the Constitution. A written response to the question will be circulated at the meeting.

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).

a) Written Questions

There were no written questions.

b) Questions to the Leader of the Council

Questions were asked and answers received on the following issues:

Councillor Rose: Advertising of properties in Bicester

Councillor Rose: Local Plan review         

Councillor Sibley: Bicester Gateway 1

Councillor Woodcock: Oxfordshire County Council savings and staff cuts

Councillor Dhesi: Rubbish bins in Castle Quay

Councillor Richards: Complaints against private landlords      

c) Questions to Committee Chairmen on the Minutes

Councillor Beere asked a question to Councillor Prestidge, Chairman of the Overview and Scrutiny Committee in relation to minutes of the Overview and Scrutiny Committee minutes and the addition of Emergency Planning to the work programme. Councillor Prestidge confirmed that the item would be considered by the Committee in the spring. 

To debate the following motions which have been submitted with advance notice, in accordance with the constitution.

Banbury Magistrate’s Court

This council deplores the Ministry of Justice decision to close the Banbury Magistrate’s and County Court.

This council notes that “The Banbury Court” is an integral part of the fabric of the Town, and is already a combined justice centre for hearing both civil and criminal cases. The Council therefore rejects any suggestion that it is underused and further observes that the Banbury Magistrates’ and County Court provides an important alternative venue for criminal and civil justice, both in Oxfordshire and the surrounding counties, given the high volume of cases now heard out of Oxford.

This council places the highest importance upon access to justice for all defendants, plaintiffs and for the families of those accused. The present proposals will hit the poorest especially hard, as the current rules will prevent local Solicitors in Banbury from representing legally aided clients, due to the archaic rules which require such firms to be located in close proximity to the court where the hearing is to take place.

This council further notes the additional pressure that the closure would place on the Oxford Combined Court Centre and considers that further centralisation of services to Oxford will put additional strain on Oxford City congestion. This proposed closure would also adversely impact on those people within the Banbury catchment area without independent means of transport or access to public transport.

Accordingly, this Council instructs the Leader to write to the Ministry of Justice to engage with local councils, particularly in light of the emerging partnership arrangements between Oxfordshire County Council and Cherwell District Council, with a view to exploring the options of utilizing public buildings to continue supporting locally administered justice and the needs of the people of North Oxfordshire, and the Neighbouring counties.

Proposer: Councillor Kieron Mallon

Seconder: Councillor Barry Wood

Banbury Police Station

This council condemns the retrograde decision to close the Magistrates’ and County Court in Banbury. This council calls on the Leader of Cherwell District Council Barry Wood to write to the Minister for Policing, the Lord Chancellor & Secretary of State for Justice and the Home Secretary seeking assurance that Banbury police station will remain open for the foreseeable future.

Proposer: Councillor Mark Cherry

Seconder: Councillor Andy Beere

Resolved

(1)          That the following motion be adopted:

“This council deplores the Ministry of Justice decision to close the Banbury Magistrate’s and County Court.

This council notes that “The Banbury Court” is an integral part of the fabric of the Town, and is already a combined justice centre for hearing both civil and criminal cases. The Council therefore rejects any suggestion that it is underused and further observes that the Banbury Magistrates’ and County Court provides an important alternative venue for criminal and civil justice, both in Oxfordshire and the surrounding counties, given the high volume of cases now heard out of Oxford.

This council places the highest importance upon access to justice for all defendants, plaintiffs and for the families of those accused. The present proposals will hit the poorest especially hard, as the current rules will prevent local Solicitors in Banbury from representing legally aided clients, due to the archaic rules which require such firms to be located in close proximity to the court where the hearing is to take place.

This council further notes the additional pressure that the closure would place on the Oxford Combined Court Centre and considers that further centralisation of services to Oxford will put additional strain on Oxford City congestion. This proposed closure would also adversely impact on those people within the Banbury catchment area without independent means of transport or access to public transport.

Accordingly, this Council instructs the Leader to write to the Ministry of Justice to engage with local councils, particularly in light of the emerging partnership arrangements between Oxfordshire County Council and Cherwell District Council, with a view to exploring the options of utilizing public buildings to continue supporting locally administered justice and the needs of the people of North Oxfordshire, and the Neighbouring counties.”

a) Banbury Magistrates Court

It was moved by Councillor Mallon, and seconded by Councillor Wood, that the following motion be adopted:

“This council deplores the Ministry of Justice decision to close the Banbury Magistrate’s and County Court.

This council notes that “The Banbury Court” is an integral part of the fabric of the Town, and is already a combined justice centre for hearing both civil and criminal cases. The Council therefore rejects any suggestion that it is underused and further observes that the Banbury Magistrates’ and County Court provides an important alternative venue for criminal and civil justice, both in Oxfordshire and the surrounding counties, given the high volume of cases now heard out of Oxford.

This council places the highest importance upon access to justice for all defendants, plaintiffs and for the families of those accused. The present proposals will hit the poorest especially hard, as the current rules will prevent local Solicitors in Banbury from representing legally aided clients, due to the archaic rules which require such firms to be located in close proximity to the court where the hearing is to take place.

This council further notes the additional pressure that the closure would place on the Oxford Combined Court Centre and considers that further centralisation of services to Oxford will put additional strain on Oxford City congestion. This proposed closure would also adversely impact on those people within the Banbury catchment area without independent means of transport or access to public transport.

Accordingly, this Council instructs the Leader to write to the Ministry of Justice to engage with local councils, particularly in light of the emerging partnership arrangements between Oxfordshire County Council and Cherwell District Council, with a view to exploring the options of utilizing public buildings to continue supporting locally administered justice and the needs of the people of North Oxfordshire, and the Neighbouring counties.”

The motion was debated and subsequently agreed.

b) Banbury Police Station

It was moved by Councillor Cherry, and seconded by Councillor Beere that the following motion be adopted:

“This council condemns the retrograde decision to close the Magistrates’ and County Court in Banbury. This council calls on the Leader of Cherwell District Council Barry Wood to write to the Minister for Policing, the Lord Chancellor & Secretary of State for Justice and the Home Secretary seeking assurance that Banbury police station will remain open for the foreseeable future.”

The motion was debated and on being put to the vote was lost and subsequently fell.

Resolved

(1)           That the following motion be adopted:

Banbury Magistrates Court

“This council deplores the Ministry of Justice decision to close the Banbury Magistrate’s and County Court.

This council notes that “The Banbury Court” is an integral part of the fabric of the Town, and is already a combined justice centre for hearing both civil and criminal cases. The Council therefore rejects any suggestion that it is underused and further observes that the Banbury Magistrates’ and County Court provides an important alternative venue for criminal and civil  ...  view the full minutes text for item 59.

Report of Chief Executive

Purpose of report

To consider the final recommendations from the Community Governance Review (CGR) Working group, following the second consultation phase.

Recommendations

The meeting is recommended to:

 1.1        Approve the boundary between Bicester Town Council and Ambrosden being moved to incorporate Graven Hill into Bicester Town Council – Bicester South Ward, as shown in Appendix 1

1.2      Approve the boundary between Ambrosden and Chesterton being moved to include the orphan area into Chesterton as shown in Appendix 1

1.3      Agree that the number of councillors on Bicester Town Council (BTC) remain at 15 with the allocation of councillors amended to increase BTC – Bicester South Ward by one councillor and decrease BTC – Bicester East Ward by one councillor.

Resolved

(1)          That the boundary between Bicester Town Council and Ambrosden being moved to incorporate Graven Hill into Bicester Town Council – Bicester South Ward (annex to the Minutes as set out in the Minute book) be approved.

(2)          That the boundary between Ambrosden and Chesterton being moved to include the orphan area into Chesterton (annex to the Minutes as set out in the Minute book) be approved.

(3)          That it be agreed that the number of councillors on Bicester Town Council (BTC) remain at 15 with the allocation of councillors amended to increase BTC – Bicester South Ward by one councillor and decrease BTC – Bicester East Ward by one councillor.

The Chief Executive submitted a report to consider the final recommendations from the Community Governance Review (CGR) Working group, following the second consultation phase.

Resolved

(1)          That the boundary between Bicester Town Council and Ambrosden being moved to incorporate Graven Hill into Bicester Town Council – Bicester South Ward (annex to the Minutes as set out in the Minute book) be approved.

(2)          That the boundary between Ambrosden and Chesterton being moved to include the orphan area into Chesterton (annex to the Minutes as set out in the Minute book) be approved.

(3)          That it be agreed that the number of councillors on Bicester Town Council (BTC) remain at 15 with the allocation of councillors amended to increase BTC – Bicester South Ward by one councillor and decrease BTC – Bicester East Ward by one councillor.

Report of Assistant Director Law and Governance

Purpose of report

To request Council to approve minor amendments to the officer scheme of delegation.

Recommendations

The meeting is recommended:

1.1       To agree the proposed amendments to the officer scheme of delegation as set out in section 3.0 of the report and request the Monitoring Officer to update the constitution accordingly.

Resolved

(1)          That the proposed amendments to the officer scheme of delegation (annex to the Minutes as set out in the Minute Book) be approved and the Monitoring Officer be requested to update the constitution accordingly.

The Assistant Director Law and Governance submitted a report to request Council to approve minor amendments to the officer scheme of delegation.

Resolved

(1)           That the proposed amendments to the officer scheme of delegation (annex to the Minutes as set out in the Minute Book) be approved and the Monitoring Officer be requested to update the constitution accordingly.

** Please note that this report will follow as appointments are currently being considered and the report therefore being reviewed and finalised **

Report of Chief Executive

Resolved

(1)          That Nick Graham be appointed as the Council’s Monitoring Officer with effect from 7 November 2018 and that he be requested to appoint a suitably qualified and experienced Deputy Monitoring Officer with effect from the same date.

(2)          That Natasha Clark be appointed as Deputy Electoral Registration Officer.

The Chief Executive submitted a report to appoint a Monitoring Officer and a Deputy Electoral Registration officer in place of James Doble, Assistant Director Law and Governance, who would be leaving his employment with Cherwell District Council in December 2018.

Resolved

(1)           That Nick Graham be appointed as the Council’s Monitoring Officer with effect from 7 November 2018 and that he be requested to appoint a suitably qualified and experienced Deputy Monitoring Officer with effect from the same date.

(2)           That Natasha Clark be appointed as Deputy Electoral Registration Officer with immediate effect.

The following item contains exempt information as defined in the following paragraph of Part 1, Schedule 12A of Local Government Act 1972.

3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information).

Members are reminded that whilst the following item has been marked as exempt, it is for the meeting to decide whether or not to consider it in private or in public. In making the decision, members should balance the interests of individuals or the Council itself in having access to the information. In considering their discretion members should also be mindful of the advice of Council Officers.

Should Members decide not to make a decision in public, they are recommended to pass the following recommendation:

“That under Section 100A of the Local Government Act 1972, the public and press be excluded from the meeting for the following items of business on the ground that, if the public and press were present, it would be likely that exempt information falling under the provisions of Schedule 12A, Part 1, Paragraph 3 would be disclosed to them, and that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.”

Resolved

That under Section 100A of the Local Government Act 1972, the public and press be excluded from the meeting for the following items of business on the ground that, if the public and press were present, it would be likely that exempt information falling under the provisions of Schedule 12A, Part 1, Paragraph 3 would be disclosed to them, and that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Exempt report of Interim Executive Director Finance and Governance

Resolved

(1)          As set out in the exempt decisions.

(2)          As set out in the exempt decisions.

The Interim Executive Director Finance and Governance submitted an exempt report relating to Castle Quay 2.

Resolved

(1)           As set out in the exempt minutes.

(2)           As set out in the exempt minutes.

There were no questions on exempt minutes.