Agenda, decisions and minutes

There were no declarations of interest.

To confirm as a correct record the Minutes of the meeting held on 3 July 2017.

The minutes of the meeting held on 3 July 2017 were agreed as a correct record and signed by the Chairman.

To receive communications from the Chairman.

There were no Chairman’s announcements.

Report of Public Protection Manager

Purpose of report

To seek approval for the adoption of a joint Animal Licensing Policy and Animal Licensing Conditions for consultation. The policy will be applied by authorised officers when determining applications for all animal related licences.

Recommendations

The Executive is recommended:

1.1   Subject to consultation, to adopt the proposed policy and conditions attached at Appendix A setting out the Council’s approach to determining all animal licensing applications and subsequently ensuring compliance with the relevant conditions.

1.2       To authorise the Director of Operational Delivery to set all animal licensing fees and to make any changes to the attached policy and conditions should they be required through either changes in legislation or changes in circumstances. 

1.3       To delegate authority to the Director of Operational Delivery to approve the final policy in consultation with the Lead  Member for Public Protection and Community Services following the consideration of any consultation responses.

Resolved

(1)          That, subject to consultation, the proposed Joint Animal Licensing Policy and conditions setting out the Council’s approach to determining all animal licensing applications and subsequently ensuring compliance with the relevant conditions be adopted.

(2)          That the Director of Operational Delivery be authorised to set all animal licensing fees and to make any changes to the Joint Animal Licensing Policy and conditions should they be required through either changes in legislation or changes in circumstances.

(3)          That authority be delegated to the Director of Operational Delivery, in consultation with the Lead Member for Public Protection and Community Services, to approve the final policy following the consideration of any consultation responses.

The Public Protection Manager submitted a report to seek approval for the adoption of a joint Animal Licensing Policy and Animal Licensing Conditions for consultation. The policy would be applied by authorised officers when determining applications for all animal related licences.

Resolved

(1)          That, subject to consultation, the proposed Joint Animal Licensing Policy and conditions setting out the Council’s approach to determining all animal licensing applications and subsequently ensuring compliance with the relevant conditions be adopted.

(2)          That the Director of Operational Delivery be authorised to set all animal licensing fees and to make any changes to the Joint Animal Licensing Policy and conditions should they be required through either changes in legislation or changes in circumstances.

(3)          That authority be delegated to the Director of Operational Delivery, in consultation with the Lead Member for Public Protection and Community Services, to approve the final policy following the consideration of any consultation responses.

Reasons

There is no statutory requirement for a local authority to have a formal animal licensing policy. However, it is considered best practice to adopt such a policy. This is for the benefit of business owners as well as reassuring the general public and other public bodies. It also ensures transparency and consistency when dealing with applications.

Alternative options

Option 1: Adopt the policy and attached conditions

Option 2: Reject the policy and attached conditions for amendment

Report of Public Protection Manager

Purpose of report

To seek approval for the adoption of a joint Scrap Metal Licensing Policy. The policy which will be subject to consultation, will be applied by authorised officers when determining applications for all scrap related licences and subsequently enforcing the provisions of the Scrap Metal Dealers Act 2013.

Recommendations

The Executive is recommended:

1.1       To note that functions and powers pursuant to the Scrap Metal Dealers Act 2013 are an executive function and hereby delegate such functions and powers to the Director of Operational Delivery, including the setting of licence application fees.

1.2       Subject to consultation, to adopt the proposed policy attached at Appendix A setting out the Council’s approach to determining all applications and subsequently ensuring compliance with the provisions of the Act.

1.3      To delegate authority to the Director of Operational Delivery to approve the final policy in consultation with the Lead Member for Public Protection and Community Services following the consideration of any consultation responses.

Resolved

(1)          That it be noted that functions and powers pursuant to the Scrap Metal Dealers Act 2013 are an executive function and such functions and powers, including the setting of licence application fees,  hereby be delegated to the Director of Operational Delivery,

(2)          That, subject to consultation, the proposed Joint Scrap Metal Licensing Policy setting out the Council’s approach to determining all applications and subsequently ensuring compliance with the provisions of the Act be appoved.

(3)          That authority be delegated to the Director of Operational Delivery, in consultation with the Lead Member for Public Protection and Community Services, to approve the final policy following the consideration of any consultation responses.

The Public Protection Manager submitted a report to seek approval for the adoption of a joint Scrap Metal Licensing Policy. The policy which would be subject to consultation, would be applied by authorised officers when determining applications for all scrap related licences and subsequently enforcing the provisions of the Scrap Metal Dealers Act 2013.

Resolved

(1)          That it be noted that functions and powers pursuant to the Scrap Metal Dealers Act 2013 are an executive function and such functions and powers, including the setting of licence application fees,  hereby be delegated to the Director of Operational Delivery,

(2)          That, subject to consultation, the proposed Joint Scrap Metal Licensing Policy setting out the Council’s approach to determining all applications and subsequently ensuring compliance with the provisions of the Act be appoved.

(3)          That authority be delegated to the Director of Operational Delivery, in consultation with the Lead Member for Public Protection and Community Services, to approve the final policy following the consideration of any consultation responses.

Reasons

There is no statutory requirement for a local authority to have a formal scrap metal licensing policy; however, it is considered best practice to adopt such a policy. This is for the benefit of business owners as well as reassuring the general public and other public bodies. It also ensures a level of transparency and consistency when dealing with applications.

Alternative options

Option 1: Adopt the policy and recommendations

Option 2: Reject the policy and recommendations

Report of Chief Finance Officer

Purpose of report

To provide members with an update on the current Council Tax Reduction Scheme (CTRS) and the changes to discounts, including the impact on collection rates, and to provide members with options to consider for a Council Tax Reduction Scheme for 2018-2019 and to seek approval to consult on the approved option.    

Recommendations

The Executive is recommended:

 1.1        To note the contents of the report and any financial implications for the Council.

1.2     To approve the recommendation made by Budget Planning Committee to consult on Option 1 – no change to the current Council Tax Reduction Scheme or Council Tax discounts for 2018-2019 and to change only the detail of the scheme to update the Pensioner Regulations as prescribed by DCLG and to uprate the Working Age Regulations amounts in line with Housing Benefit.

Resolved

(1)          That the report and financial implications for the Council be noted.

(2)          That the recommendation made by Budget Planning Committee to consult on Option 1 – no change to the current Council Tax Reduction Scheme or Council Tax discounts for 2018-2019 and to change only the detail of the scheme to update the Pensioner Regulations as prescribed by DCLG and to uprate the Working Age Regulations amounts in line with Housing Benefit be approved.

The Chief Finance Officer submitted a report to provide members with an update on the current Council Tax Reduction Scheme (CTRS) and the changes to discounts, including the impact on collection rates, and to provide members with options to consider for a Council Tax Reduction Scheme for 2018-2019 and to seek approval to consult on the approved option.

Resolved

(1)          That the report and financial implications for the Council be noted.

(2)          That the recommendation made by Budget Planning Committee to consult on Option 1 – no change to the current Council Tax Reduction Scheme or Council Tax discounts for 2018-2019 and to change only the detail of the scheme to update the Pensioner Regulations as prescribed by DCLG and to uprate the Working Age Regulations amounts in line with Housing Benefit be approved.

Reasons

From April 2013 Council Tax Benefit was abolished and replaced with a local Council Tax Reduction Scheme. Members are now required to agree for consultation purposes a Council Tax Reduction Scheme for the 2018-2019 financial year.

Alternative options

Option 1: To not recommend any of the options for a scheme for 2018-2019. This would have financial implications for the Council and those residents affected by Welfare Reform.

Report of Chief Finance Officer

Purpose of report

To provide members of Executive with an update on the Spring Budget 2017 changes to Business Rates and to seek approval of the local Discretionary Business Rate Relief Scheme and Pubs Relief Scheme.

Recommendations

The Executive is recommended:

 1.1        To note the contents of the report and any financial implications for the Council.

1.2       To approve the adoption of the local Discretionary Business Rate Relief Scheme for 2017-2018.

1.3       To approve the adoption of the Pubs Relief Scheme for 2017-2018.

Resolved

(1)          That the report and financial implications for the Council be noted.

(2)          That the adoption of the local Discretionary Business Rate Relief Scheme for 2017-2018 (annex to the Minutes as set out in the Minute Book) be approved.

(3)          That the adoption of the Pubs Relief Scheme for 2017-2018 (annex to the Minutes as set out in the Minute Book) be approved.

The Chief Finance Officer submitted a report to provide members of Executive with an update on the Spring Budget 2017 changes to Business Rates and to seek approval of the local Discretionary Business Rate Relief Scheme and Pubs Relief Scheme.

Resolved

(1)          That the report and financial implications for the Council be noted.

(2)          That the adoption of the local Discretionary Business Rate Relief Scheme for 2017-2018 (annex to the Minutes as set out in the Minute Book) be approved.

(3)          That the adoption of the Pubs Relief Scheme for 2017-2018 (annex to the Minutes as set out in the Minute Book) be approved.

Reasons

The report sets out a proposed Local Discretionary Relief scheme to provide relief to business ratepayers in properties facing substantial business rates rises as a result of the 2017 Revaluation. The local scheme aims to distribute no more than the Government grant provided for this purpose in the Spring Budget.

Alternative options

Option 1: Members could choose not to adopt the proposed schemes, but in view of the fact that expenditure will be reimbursed the Government expects billing authorities to grant relief to all qualifying ratepayers.

Report of Director of Operational Delivery

Purpose of report

To consider the most recent developments and decisions in relation to the Horton General Hospital (HGH) and the Council’s response to proposals for service change by the Oxfordshire Clinical Commissioning Group (OCCG).

Recommendations

The Executive is recommended:

 1.1        To note the decisions taken by Oxfordshire Joint Health and Overview Scrutiny Committee and the Oxfordshire Clinical Commissioning Group.

1.2         To endorse the action to submit a Notice of Renewal for a judicial review of the flawed consultation process.

1.3         To support to the fullest extent the referral process to the Secretary of State for Health of the OCCG decision to make permanent the freestanding midwife led unit at the Horton General Hospital.

Resolved

(1)          That the decisions taken by Oxfordshire Joint Health and Overview Scrutiny Committee and the Oxfordshire Clinical Commissioning Group be noted.

(2)          That the action to submit a Notice of Renewal for a judicial review of the flawed consultation process be endorsed.

(3)          That the referral process to the Secretary of State for Health of the Oxfordshire Clinical Commissioning Group decision to make permanent the freestanding midwife led unit at the Horton General Hospital be supported to the fullest extent.

The Director of Operational Delivery submitted a report to consider the most recent developments and decisions in relation to the Horton General Hospital (HGH) and the Council’s response to proposals for service change by the Oxfordshire Clinical Commissioning Group (OCCG).

Resolved

(1)          That the decisions taken by Oxfordshire Joint Health and Overview Scrutiny Committee and the Oxfordshire Clinical Commissioning Group be noted.

(2)          That the action to submit a Notice of Renewal for a judicial review of the flawed consultation process be endorsed.

(3)          That the referral process to the Secretary of State for Health of the Oxfordshire Clinical Commissioning Group decision to make permanent the freestanding midwife led unit at the Horton General Hospital be supported to the fullest extent.

Reasons

The process of the development of service model options for the Horton General Hospital and the formal consultation of these has been long and arduous. The Council has engaged throughout and responded positively. It is hugely disappointing that the Council’s concerns and suggestions have not been reflected in the obstetrics decision.

The Council has demonstrated that the consultation process has been flawed and that this should be subject to a legal challenge. The Council’s partners in this matter also support this view. In this respect, it is recommended that the Council should, with its partners, continue the fight by supporting the Oxfordshire Joint Health and Overview Scrutiny Committee with the referral of this matter to the Secretary of State for Health and to continue with vigour its legal challenge of the consultation process.

Alternative options

Option 1: To accept the decisions made by OCCG. This is not proposed as the Council believes that the consultation was flawed and that there is an alternative and viable obstetrics model for the HGH

Report of Director of Operational Delivery

Purpose of report

To consider additional on-street parking enforcement delivered by Thames Valley Police and its funding.

Recommendations

The Executive is recommended:

 1.1        To fund Thames Valley Police the equivalent of a full time Police Community Support Officer to undertake on-street parking enforcement across the Cherwell Distric.;

1.2         To agree funding of up to £30,000 per annum for this purpose for a minimum of two years.

Resolved

(1)          That agreement be given to fund Thames Valley Police the equivalent of a full time Police Community Support Officer to undertake on-street parking enforcement across the Cherwell District

(2)          That funding of up to £30,000 per annum for this purpose for a minimum of two years be agreed.

(3)          That, subject to Thames Valley Police confirming they have resource available, authority be delegated to the Director of Operational Delivery, in consultation with the Deputy Leader, to commence the funding of the equivalent of a full time Police Community Officer in the 2017/18 municipal year in addition to the funding agreed in resolution (2).  

The Director of Operational Delivery submitted a report to consider additional on-street parking enforcement delivered by Thames Valley Police and its funding.

In the course of the discussion Members acknowledged that whilst not a statutory function, the proposal would assist residents and improve the district. Councillor Mallon proposed an additional recommendation: That subject to Thames Valley Police confirming they have resource available, authority be delegated to the Director of Operational Delivery, in consultation with the Deputy Leader, to commence the funding of the equivalent of a full time Police Community Officer in the 2017/18 municipal year in addition to the funding agreed in resolution (2). Councillor Reynolds seconded the proposal.

In response to comments by Councillor Woodcock, Leader of the Labour Group, who confirmed the support of the Labour Group for the proposal, Councillor Reynolds confirmed that activity logs would be maintained by TVP for monitoring purposes and for CDC to ensure value for money.   

Resolved

(1)          That agreement be given to fund Thames Valley Police the equivalent of a full time Police Community Support Officer to undertake on-street parking enforcement across the Cherwell District

(2)          That funding of up to £30,000 per annum for this purpose for a minimum of two years be agreed.

(3)          That, subject to Thames Valley Police confirming they have resource available, authority be delegated to the Director of Operational Delivery, in consultation with the Deputy Leader, to commence the funding of the equivalent of a full time Police Community Officer in the 2017/18 municipal year in addition to the funding agreed in resolution (2).  

Reasons

Additional on-street parking enforcement has for some time been identified as a local issue requiring attention. The proposal for TVP with funding from this Council to undertake this low priority crime function is expected to be welcomed by local councils and the majority of drivers who park off-street or legally on-street.

Alternative options

Option 1: To continue this function with no additional resource, meaning this remains a low priority for TVP and only undertaken on an ad hoc basis when other police pressures allow. This is not recommended as it is anticipated that there will be no improvement to the current on-street parking difficulties.

Option 2: The employment of a traffic warden was proposed but the use of a PCSO was an operational preference for TVP.

Report of Director of Operational Delivery

Purpose of report

To inform the Council of progress in implementing the Bicester Healthy New Town Programme using the NHS grant received.

Recommendations

The Executive is recommended:

 1.1        To note progress in implementation of Bicester’s Healthy New Town Programme.

1.2       To endorse the receipt of the NHS grant to 2019.

Resolved

(1)          That progress in the implementation of Bicester’s Healthy New Town Programme be noted.

(2)          That the receipt of the NHS grant to 2019 be endorsed.

The Director of Operational Delivery submitted a report to inform the Council of progress in implementing the Bicester Healthy New Town Programme using the NHS grant received.

Resolved

(1)          That progress in the implementation of Bicester’s Healthy New Town Programme be noted.

(2)          That the receipt of the NHS grant to 2019 be endorsed.

Reasons

Good progress has been made in starting to deliver the detailed Delivery Plan for the Healthy New Town Programme. The baseline data from the residents’ health and wellbeing survey have confirmed the importance of addressing levels of obesity and social isolation in the town and a number of initiatives are increasing the opportunities for Bicester residents to actively adopt healthier behaviours and to help start to build a healthier community.

The significant NHS funding is clearly making a difference. The recent extended grant offer for 2019 for the Bicester Programme was received and required acceptance over the summer period. The grant agreement was completed in liaison and with the support of the Council Leader, hence the recommendation for endorsement.

Alternative options

The alternative is to refuse the NHS grant and cease the programme.

Report of Director of Operational Delivery

Purpose of report

To consider an annual review of the Brighter Futures in Banbury programme and endorse the direction of travel

Recommendations

The Executive is recommended:

 1.1        To receive and approve the annual report following the recommendation of the Local Strategic Partnership.

1.2         To note the work carried out to date to scope the action plan until March 2019 and the finalisation of the detail of this plan during the autumn of 2017 through the Lead Member for Public Protection and Community Services.

Resolved

(1)          That following the recommendation of the Local Strategic Partnership, the Brighter Futures in Banbury Programme Annual Review 2016-2017 be approved.

(2)          That the work carried out to date to scope the action plan until March 2019 and the finalisation of the detail of this plan during the autumn of 2017 through the Lead Member for Public Protection and Community Services be noted.

The Director of Operational Delivery submitted a report to consider an annual review of the Brighter Futures in Banbury programme and endorse the direction of travel.

Resolved

(1)          That following the recommendation of the Local Strategic Partnership, the Brighter Futures in Banbury Programme Annual Review 2016-2017 be approved.

(2)          That the work carried out to date to scope the action plan until March 2019 and the finalisation of the detail of this plan during the autumn of 2017 through the Lead Member for Public Protection and Community Services be noted.

Reasons

The Brighter Futures in Banbury Programme draws together statutory and voluntary agencies and organisations to align services to best serve those most in need. The annual report was presented to the Local Strategic Partnership in July 2017. There was broad support for the progress being made through the strategic approach to joint working.

The action plan developed by theme leads that will take the Programme forward until March 2019 will be endorsed and finalised by the Lead Member for Public Protection and Community Services.

Alternative options

No alternatives have been considered

Report of Strategic Director – Strategy and Commissioning

Purpose of report

To provide an update on the Cherwell Business Plan progress to the end of Quarter One 2017/18.

Recommendations

The Executive is recommended to:

1.1         Note the exceptions highlighted and proposed actions.

1.2         Review any performance related matters which the Overview and Scrutiny Committee has referred to Executive verbally, following consideration of the report at its meeting on 29 August 2017.

Resolved

(1)          That the exceptions highlighted and proposed actions be noted.

(2)          That it be noted that the Overview and Scrutiny Committee considered the report at its meeting on 29 August 2017 and referred no performance related matters to the Executive.

The Strategic Director – Strategy and Commissioning submitted a report to provide an update on the Cherwell Business Plan progress to the end of Quarter One 2017/18.

Resolved

(1)          That the exceptions highlighted and proposed actions be noted.

(2)          That it be noted that the Overview and Scrutiny Committee considered the report at its meeting on 29 August 2017 and referred no performance related matters to the Executive.

Reasons

This is the first report for 2017/18 based on the new Business Plan. As agreed previously, this report focuses on the exceptions and some examples of good performance to provide a balance and includes commentary supporting the generally excellent levels of delivery.

Alternative options

None identified

Report of Chief Finance Officer

Purpose of report

This report summarises the Council’s Revenue, Capital and Reserves position as at the end of Quarter One of the financial year 2017-18 and projections for the full year.

Recommendations

The Executive is recommended:

 1.1        To note the projected revenue and capital position at June 2017.    

1.2         To note the current position on reserves at June 2017.

Resolved

(1)          That the projected revenue and capital position at June 2017 be noted

(2)          That the current position on reserves at June 2017 be noted.

The Chief Finance Officer submitted a report which summarised the Council’s Revenue, Capital and Reserves position as at the end of Quarter One of the financial year 2017-18 and projections for the full year.

Resolved

(1)          That the projected revenue and capital position at June 2017 be noted

(2)          That the current position on reserves at June 2017 be noted.

Reasons

In line with good practice budget monitoring is undertaken on a monthly basis within the Council. The revenue and capital position is formulated in conjunction with the joint management team and reported formally to the Budget Planning Committee on a quarterly basis. The report is then considered by the Executive.

The revenue and capital expenditure in quarter 1 has been subject to a detailed review by Officers.

Alternative options

Option 1: This report illustrates the Council’s performance against the 2017-18 Financial Targets for Revenue and Capital and sets out the Council’s position on Reserves. As this is a monitoring report, no further options have been considered. However, members may wish to request that officers provide additional information.

At the 18 July 2016 Special meeting of Executive, Members resolved to establish a Shareholder Committee as a three member sub-committee of Executive as the means by which the council shall:

·      be the body for approving council nominated non-executive directors, and approving best practice policies in relation to such appointments, considering any reserved shareholder matters within the company articles;

·      be responsible for agreeing and approving the framework within which the council interfaces with Council owned/influenced companies;

·      exercise strategic functions flowing from the councils ownership of shares.

At the meeting, the Leader (Councillor Wood), Lead Member for Financial Management (Councillor Atack) and Lead Member for Housing (Councillor Donaldson) were appointed to the Shareholder Committee.

Councillor Atack has since resigned from the Executive and the meeting is therefore requested to make a replacement appointment.

Recommendation

The Executive is recommended:

(1)          to appoint a Member to the Shareholder Committee.

Resolved

(1)          That Councillor Tony Ilott be appointed to the Shareholder Committee.

Executive was asked to appoint a member to the Shareholder Committee as there was a vacancy following the resignation of Councillor Atack from the Executive.

Resolved

(1)          That Councillor Tony Ilott be appointed to the Shareholder Committee.

Reasons

Following the resignation of Councillor Atack from the Executive, there are currently only two members on the Shareholder Committee.

Alternative options

Not to appoint a Member to the Shareholder Committee. This is not recommended as the Terms of Reference of the Committee state that the membership of the Committee is three Executive members.

The following reports contain 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 items have been marked as exempt, it is for the meeting to decide whether or not to consider them 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.

No representations have been received from the public requesting that any of these items be considered in public.

Should Members decide not to make decisions 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 grounds 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 grounds 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 Chief Finance Officer

Resolved

(1)          As set out in the exempt decisions.

(2)          As set out in the exempt decisions.

(3)          As set out in the exempt decisions.

The Chief Finance Officer submitted an exempt report relating to Franklins House, Bicester.

Resolved

(1)          As set out in the exempt minutes.

(2)          As set out in the exempt minutes.

(3)          As set out in the exempt minutes.

Reasons

As set out in the exempt minutes.

Alternative options

As set out in the exempt minutes.

Exempt Report of Head of Environmental Services

Resolved

(1)          That the business waste business case (exempt annex to the Minutes as set out in the Minute Book) be approved.

The Head of Environmental Services submitted an exempt report to consider the potential expansion of the Council’s business waste service.  

Resolved

(1)          That the business waste business case (exempt annex to the Minutes as set out in the Minute Book) be approved.

Reasons

The development of the business waste service as an ‘invest to grow’ proposal does have the opportunity to lower the overall cost of the service. However, this will require an increase in existing resource which will be shared between this Council and SNC.

It is anticipated that the growth in income will exceed the increase in resource and will reduce the overall cost of the service to the Council.

Alternative options

Option 1: To support the proposed expansion of business waste services

Option 2: To reject the proposed business plan

Option 3: To ask officers to seek & consider alternative options

Exempt Report of Head of Environmental Services

Resolved

(1)          As set out in the exempt decisions.

(2)          As set out in the exempt decisions.

(3)          As set out in the exempt decisions.

(4)          As set out in the exempt decisions.  

(5)          As set out in the exempt decisions.

The Head of Environmental Services submitted an exempt report relating to landscape maintenance.

Resolved

(1)          As set out in the exempt minutes.

(2)          As set out in the exempt minutes.

(3)          As set out in the exempt minutes.

(4)          As set out in the exempt minutes. 

(5)          As set out in the exempt minutes.

Reasons

As set out in the exempt minutes.

Alternative options

Option 1: As set out in the exempt minutes.

Option 2: To reject the recommendations

Option 3: To ask officers to consider other possible ways forward