Minutes for Council meeting, Jul 22 2009, 7.00PM official page

Apologies for absence was received from the Chief Executive.  Member apologies for absence are listed above.  There were no apologies for lateness.

The Speaker welcomed all those present to the meeting and advised Members of some of the engagements he had attended since the last Council meeting held on 24^th June 2009.  These included the London Dragon Boat Festival, the London Youth Games, Chance UK Graduation ceremony, Day-Mer’s 20^th Annual Cultural and Arts Festival at Clissold Park, Woodberry Down Community Fun Day, De Beauvoir Association Party, and an event held by Inspire, the Council’s Education Business Partnership.

The Speaker congratulated Hackney Community College in receiving the Advanced Apprenticeship in Sporting Excellence Award from England Basketball, and also congratulated Mr Kevin McDonnell, Headteacher of Stormont House School, on being awarded the Secondary Headteacher of the Year at the London Teaching Awards 2009.  Officers and Members who participated in the Great City Run were thanked for raising over £1,100 for St Joseph’s Hospice.

Tribute was also paid to First World War Veteran, Clapton-born Henry Allingham, who recently died at the age of 113 and was the oldest man in the world.

Finally, the Speaker congratulated Lord Sugar of Clapton who took his seat in the House of Lords earlier in the week.

RESOLVED:

That the minutes of the ordinary meeting held on 24^th June 2009 be approved as a correct record.

This is the time for Members to declare any personal or prejudicial interests, or dispensations they may have in any matter being considered at this meeting having regard to the guidance attached to the agenda.

With regard to item 5 of the agenda, the Mayor and Cllrs Buitekant, Krishna, Patrick, Stops and Webb declared a personal interest in item 5, as they were members of the Campaign for Real Ale. 

Cllr Stops stated that Mr Green, under item 5, would refer to a local pub which was due to have an application submitted to the Planning Sub Committee.  As the Chair of the Planning Sub Committee, Cllr Stops declared he would leave the Chamber for the duration of the item after introducing the deputation.

Cllr Odze declared a personal interest in item 5, stating that he lived within 100 yards of the Swann, which was referred to in the deputation.  Cllr Odze also declared a personal interest in item 11, Looked After Children Annual Report, as his wife worked for the Children and Family Court Advisory Support Service and was currently involved in a case of a looked after child in Hackney.

Cllr Vernon declared a personal interest in item 7.7, stating that he was a member of the Hackney Heritage Cluster Partnership.

‘As local residents we are pleased that Hackney Borough Council has an ‘opt-in’ to the 2007 Sustainable Communities Act. This is good news for all of us locally. It gives local government and local communities the ability to influence central government policy on reversing community decline and promoting sustainable communities. It is also a means of re-engaging people in democracy.

We are especially concerned at the accelerating closure of pubs in Hackney as nationally. These are integral hubs of local contact and fellowship. Yet – if current attrition continues – there will be no British pub by 2037!

There are four actions we wish central government to initiate:

·  Extend Small Business Rate Relief to pubs

·  Outlaw restrictive covenants whereby sellers of pubs can prevent the property continuing as a pub

·  Set in law a Guest Beer Right so every pub licensee can source one beer directly from a local brewer

·  Amend planning law so that full planning permission is necessary before a pub can be demolished or converted to an alternative use.

We urge Hackney Council, via Citizen’s Panels and the Local Government Association, to forward a request to the Secretary of State to initiate these four actions.’

Deputation to be introduced by Cllr Stops

Speaker: Bill Green

Cllr Stops introduced the deputation and welcomed Mr Green to the meeting.  Cllr Stops emphasised the important role that local pubs could play in community cohesion.  Cllr Stops then left the meeting for the duration of the item.

Mr Green thanked the Council for receiving the deputation and congratulated the Council on entering into the Sustainable Communities Act 2007.  He explained that 7 pubs a day were closing across the country and that a number of pubs in Hackney, which offered both physical and social amenities, had closed.  These pubs included the Lord Cecil, the Fountain and the Swann.  He set out the four actions that the deputation wished Government to initiate and asked the Council, via the Citizens Panels and the Local Government Association, to forward the request to the Secretary of State.

Cllrs Coggins, Odze and Taylor contributed to the ensuing question and answer session.

The deputation were advised to contribute to the consultation on the Local Development Framework draft Core Strategy and investigate what existing planning policy could be used to help preserve pubs within the Borough.

Cllr Linden responded to the deputation stating that she was aware of the issue and of the importance that pubs could play to the community.  It was advised that the Sustainable Communities Act proposal for this year was due to be submitted at the end of July, however consultation on next year’s Sustainable Communities proposal would commence in October 2009 and contribution from the deputation would be welcomed.  Although it was understood that traditional local pubs were under threat, the number of licensed premises in the Borough had actually increased over the previous two years.  However, Cllr Linden stated she was happy to help and would write to the Secretary of State regarding the deputation.

6.1 From Christopher Sills to the Mayor:

‘Are you satisfied that the right training courses are being provided for Hackney residents and in particular school leavers, to enable them to get better jobs that may become available and in particular are you satisfied that there is adequate provision for construction and design training?’

6.1 From Christopher Sills to the Mayor (this question was answered by the Cabinet Member for Regeneration and the Olympic and Paralympic Games):

‘Are you satisfied that the right training courses are being provided for Hackney residents and in particular school leavers, to enable them to get better jobs that may become available and in particular are you satisfied that there is adequate provision for construction and design training?’

Response from the Cabinet Member for Regeneration and 2012 Olympic and Paralympic Games:

Cllr Nicholson explained that there were a number of existing initiatives underway to engage and train young people, especially in construction and design.  It was advised that the Council had committed to the Skills Pledge, which promised to introduce 100 apprenticeships opportunities over three years.  The Learning Trust was also due to introduce apprenticeship opportunities, and Homerton Hospital and the PCT were considering developing similar schemes.  In addition, the Council was working with Hackney Homes to see the introduction of apprenticeship opportunities.  In addition, the Centre of Vocational Excellence located in Shoreditch provided training on a wide range of construction skills and had 1,100 places available for local residents.  There were also 515 places on design principle courses within the Borough.  Council was assured that the 2012 Games would be used as a catalyst to provide more media and broadcast training.

In response to a supplementary question regarding the possible realignment of courses to meet demand, Cllr Nicholson explained that the Council was working with the London Boroughs of Greenwich, Newham, Tower Hamlets and Waltham Forest to introduce new training facilities ahead of the 2012 Games.  Reference was also made to the improved transport links in the Borough, which allowed residents to access training and employment opportunities across London.

7.1 From Cllr Vincent Stops to the Cabinet Member for Customer Services and Sustainability:

‘What is being done to promote biodiversity in our parks and open spaces?’

7.2 From Cllr Maureen Middleton to the relevant Cabinet Member:

‘Why has Hackney changed its letting criteria relating to the age at which a child should be allocated his or her own bedroom?’

7.3 From Cllr Sem Moema to the Cabinet Member for Community Services:

‘What progress has  been made in achieving the Labour administration's manifesto commitment to achieve 4 more Green Flag awards for Hackney's parks by 2010?’

7.4 From Cllr Matthew Coggins to the relevant Cabinet Member:

‘In the marketable (not ‘affordable’) sector what proportion of new built residential properties over the last five years have been 1 or 2 bedroom flats?’

7.5 From Cllr Brian Bell to the Deputy Mayor:

‘Would the Deputy Mayor join me in welcoming the approval of the revised masterplan for the regeneration of Woodberry Down by the Mayor of London?’

7.6 From Harvey Odze to the relevant Cabinet Member:

‘On 3 July 2009 6 people were killed by a fire at a 12 storey block of flats in Camberwell. Will Hackney Homes be reviewing escape routes and safety measures at similar Council owned blocks in Hackney?’

7.7 From Cllr Emma Plouviez to the Cabinet Member for Regeneration and 2012:

‘How is the Council using our open spaces over the summer to encourage Hackney residents to participate in the 2012 Cultural Olympiad?’

7.8 From Cllr Shuja Shaikh to the Cabinet Member for Children and Young People:

‘What is the Council’s annual expenditure on youth services? What is the average expenditure for inner London and all London Councils respectively?’

7.9 From Cllr Jessica Webb to the Cabinet Member for Children's Services:

‘Does the Cabinet Member agree with me that having a safe place for children to play is especially important during the summer months and, if so, what is being done to improve the provision of play areas in Hackney?’

7.10 From Cllr Matthew Coggins to the relevant Cabinet Member:

‘What are the barriers to the better distribution of free cash machines in the borough? What discussions has the Council had with banks, building societies and the Post Office on this matter?’

7.11 From Cllr Phil Glanville to the Cabinet Member for Community Services:

‘The Council budget that was passed by the Council in March asked Hackney Management Team to identify long-term proposals to develop swimming provision in the south of the borough, including a viable, sustainable future for a re-opened Haggerston Pool. What progress has been made in achieving this?’

7.12 From Cllr Shuja Shaikh to the Cabinet Member for Children and Young People:

‘The Child Poverty Bill is in Parliament. What arrangements are being made to promote co-operation with partners in Hackney in relation to the matters covered by the Bill?’

7.13 From Cllr Feryal Demirci to the Cabinet Member for Community Services:

‘How many visits were made to Hackney's leisure centres last year  ...  view the full agenda text for item 7.

Questions from Members of the Council and their oral and written responses are set out in Appendix 1 and Appendix 2.

The Speaker announced that he had accepted a late question to the Mayor from Cllr Coggins.  The question was received after the deadline but had been accepted at the Speaker’s discretion, under paragraph 2.2 of the Council’s Procedure Rules, as the matter was urgent and could not wait until the Council’s September meeting.

Urgent question From Cllr Coggins to the Mayor:

‘Will the Mayor instruct the Learning Trust to defer the transfer of Mapledene Children's Centre to Queensbridge School until parents and staff of both the Centre and the School have been properly consulted on the proposals?’

Response from the Mayor:

The Mayor stated that neither he nor the Council had the authority to instruct the Learning Trust.  However, the issue had been discussed with Chief Executive of the Learning Trust and it had been agreed that the period of consultation would be extended.  It was explained that the issue was that of a 4^th tier HR issue in an external organisation which came about following the retirement of the Head of the Children’s Centre which would not result in any major changes to the service, staff or location.  The change in structure at Mapledene would bring it in-line with that of other children’s centres in the Borough.  The change would align Mapledene with a local primary school, and would change the reporting duty of the head of the centre to the primary school headteacher, instead of to an officer in the Learning Trust. 

In response to a supplementary question, in which Cllr Coggins referred to a letter sent to parents of children at the centre, the Mayor stated that he could not comment on the letters’ content as he had not seen it, however he reiterated that the Chief Executive of the Learning Trust would consult with parents and staff as appropriate.

The Mayor referred to the ongoing work to re-open the Murray Grove Post Office within Shoreditch and paid thanks to Cllrs Glanville, McKenzie and Williams for their hard work. 

The Mayor congratulated officers within Community Services for their achievements in gaining quest accreditation for all pools within the Borough and green flags for 9 of the Borough’s parks.  He also commended the standard of work undertaken by Adult Services, referring to the excellent results of the recent inspection of Adult Services by the Care Quality Commission.

Cllr Coggins stated his concern at the replacement of wardens for sheltered housing schemes with floating services.

Cllr Sharer referred to a report submitted to the Regulatory Committee stating that the Planning Service had a budget deficit for 2008/09 of £1.2m.  He asked for reassurances that the budget would be maintained for the current financial year.

In response, the Mayor stated that Cllr Sharer was welcome to contact him out of the meeting to discuss the budget in more detail, however he had no reason to believe that the budget for 2009/10 would not be maintained. 

With regard to wardens for sheltered housing schemes, the Mayor stated that most local authorities did not employ onsite wardens for all schemes, and it was not feasible for the Council to do so.  However, he explained that wardens were employed for units containing residents with a high level of need.

RESOLVED: that the report be noted.

RESOLVED:

1.  That the designation of Hackney Road Conservation Area be approved and adopted.

2.  That the Hackney Road Conservation Area Character Appraisal and Map be approved and adopted.

Cllr Nicholson introduced the report to Council, as set out in the agenda.  It was advised that the proposed designation of Hackney Road as a conservation area stemmed from the 2006 conservation area review.  He commended the report to Council.

RESOLVED:

1.  That the designation of Hackney Road Conservation Area be approved and adopted.

2.  That the Hackney Road Conservation Area Character Appraisal and Map be approved and adopted.

Cllr Krishna introduced the Looked after Children Annual Report to Council.  Cllr Krishna submitted that there had been considerable improvements, including a reduction in the number of children in care and successful recruitment of foster carers.

Cllrs Coggins, Odze, Siddiqui, Taylor and Mayor Pipe contributed to the ensuing debate. 

The dedication of foster parents was recognised, and the Cabinet Member and officers were thanked for their hard work.

In response to a question, the Mayor stated that although the Council would do its utmost to ensure a case such as Baby Peter did not occur in Hackney, the Council could never offer absolute guarantees.

In response to questions raised during the debate, Cllr Krishna explained that work was ongoing to increase the awareness of the complaints process amongst children in care, and that the Hackney model of care was one of the best in the country which allowed for good provision of mental health care.  In addition, Cllr Krishna explained that the majority of children were cared for in Hackney, however some circumstances meant that children would have to be cared for out of the Borough.

RESOLVED: that the Looked After Children Report be noted.

Cllr Oguzkanli introduced the report to Council.  He explained that the Community Safety and Social Inclusion Scrutiny Commission undertook the review to assess the routes to employment for those in receipt of long term inactive benefits, in order to identify what more the Council and its partners could do to tackle worklessness.  He explained that the report’s recommendations had been widely accepted by the Council’s partners.

Cllr Nicholson welcomed the report and its recommendations, and explained that the Council and its partners were working on this issue to bring forward training initiatives.  The Council, along with the London Boroughs of Greenwich, Newham, Tower Hamlets and Waltham Forest had submitted an application to Government to receive funding from the Apprenticeships for Future Jobs fund.

Cllrs Desmond, Coggins and Rathbone contributed to the ensuing debate. 

RESOLVED: that the report and Executive response be noted.

Julia Bennett, Vice Chair of the Standards Committee, presented the Standards Committee Annual Report to Council.  Julia Bennett explained that in 2007 a local based system for handling complaints had been introduced and as a result the Standards Committee had adopted a new structure and set of procedures.  The Committee’s work and training in 2008/09 was highlighted, as well as the Committee’s work plan for 2009/10.  The Committee had been monitoring the whistle blowing policy and had noted the good feedback received from the Ombudsman on complaint handling.  No complaints had been received in 2008/09 under the Code of Conduct.

Cllr Taylor thanked Julia Bennett, and the other Independent members for their service to the Borough.

RESOLVED: that the Standards Committee Annual Report be noted.

RESOLVED:  That the absence of Councillor Luke Akehurst, as required by the Local Government Act 1972, Section 85(1), be approved.

The Corporate Director of Legal and Democratic Services introduced the report to Council.

Cllrs Coggins, Christopher McShane, Nicholson and Sharer contributed to the debate.  The Council wished Cllr Akehurst well in his recovery.

RESOLVED:  That the absence of Councillor Luke Akehurst, as required by the Local Government Act 1972, Section 85(1), be approved.

RESOLVED:

1.  That the establishment of the proposed Inner North East London Joint Overview and Scrutiny Committee with the terms of reference attached at Appendix 1, to respond to the consultation document issued by the Joint Committee of Primary Care Trusts entitled ‘’Case for Change: North East London Acute Services Review’’ be approved.

2.  That the Corporate Director of Legal and Democratic Services be authorised to agree any minor variations to the terms of reference for the Joint Committee

3.  That Councillor Jonathan McShare, Councillor Daniel Kemp and Councillor Maureen Middleton be appointed as Hackney’s representatives on the Inner North East London Joint Overview and Scrutiny Committee.

4.  That Councillor Katie Hanson, Councillor Joseph Strauber and Councillor Simche Steinberger be appointed as substitute representatives for the members appointed under 3 above.

The Corporate Director of Legal and Democratic Services introduced the report to Council.  It was stated that the Joint Committee was required in order to respond to consultation issued by the PCT. 

RESOLVED:

1.  That the establishment of the proposed Inner North East London Joint Overview and Scrutiny Committee with the terms of reference attached at Appendix 1, to respond to the consultation document issued by the Joint Committee of Primary Care Trusts entitled ‘’Case for Change: North East London Acute Services Review’’ be approved.

2.  That the Corporate Director of Legal and Democratic Services be authorised to agree any minor variations to the terms of reference for the Joint Committee

3.  That Councillor Jonathan McShane, Councillor Daniel Kemp and Councillor Maureen Middleton be appointed as Hackney’s representatives on the Inner North East London Joint Overview and Scrutiny Committee.

4.  That Councillor Katie Hanson, Councillor Joseph Stauber and Councillor Simche Steinberger be appointed as substitute representatives for the members appointed under 3 above.

‘This Council:

·  Shares the widespread concern among Hackney residents at the high concentration of betting shops in some parts of the borough, and the constraints of planning and licensing regulations in addressing this.

·  Welcomes the hard work of the Mayor and other councillors over the past two years in campaigning for planning and licensing regulations to be tightened so that Councils can have a greater role in shaping their local communities

·  Notes the recent meeting initiated by the Community Safety and Social Inclusion Scrutiny Commission, which investigated the problem, heard from local residents and international experts as to the problems betting shops can cause, and collected evidence to be used as part of a London-wide move to restrict the growth of gambling off and on-line.

·  Endorses the decision by the Labour administration to take a lead in London in using the Sustainable Communities Act to put forward proposals seeking powers for local authorities to tackle the concentration of betting shops in areas with high levels of deprivation, as set out by the Cabinet Member at April’s meeting of Full Council.‘

Proposer: Cllr Rathbone, Seconder: Cllr Oguzkanli

RESOLVED:

‘That this Council -

• Shares the widespread concern among Hackney residents at the high concentration of betting shops in some parts of the borough, and the constraints of planning and licensing regulations in addressing this.
• Welcomes the hard work of the Mayor and other councillors over the past two years in campaigning for planning and licensing regulations to be tightened so that Councils can have a greater role in shaping their local communities
• Notes the recent meeting initiated by the Community Safety and Social Inclusion Scrutiny Commission, which investigated the problem, heard from local residents and international experts as to the problems betting shops can cause, and collected evidence to be used as part of a London-wide move to restrict the growth of gambling off and on-line.
• Endorses the decision by the Labour administration to take a lead in London in using the Sustainable Communities Act to put forward proposals seeking powers for local authorities to tackle the concentration of betting shops in areas with high levels of deprivation, as set out by the Cabinet Member at April’s meeting of Full Council.’

Cllr Rathbone moved the motion.  He welcomed the Scrutiny review into betting shops and the work being undertaken by the Mayor to tackle the issue of over proliferation of betting shops in poorer parts of the Borough.  He referred specifically to the situation on Chatsworth Road and the complaints he had received surrounding the use of betting shops in the area.

Cllr Oguzkanli seconded the motion. 

Cllrs Odze and Middleton contributed to the ensuing debate. 

It was stated that the Licensing Authority required much greater powers on the licensing of betting premises.

It was also emphasised that the harm caused by gambling was often hidden.  The Mayor was urged to speak with the Borough Commander to undertake a similar approach to that of the Gambling Commission and gather evidence on the operation of premises in the Borough. 

In response to the points raised, the Mayor stated that current legislation required a considerable level of proof before the Council could reject an application for betting shop, however the Police would be asked to monitor the situation and gather evidence for licensing reviews.

Cllr Linden welcomed the motion and stated that Cabinet had agreed to put forward proposals similar to that set-out in the motion as part of the submission in relation to the Sustainable Communities Act.  Cllr Linden emphasised that the Borough had 4 times the national average of betting shops, and that the location of betting shops in the Borough was clustered.  Hackney’s residents had been engaged on this issue through scrutiny and the E-panel, with 64% of the E-panel respondents agreeing that the Council should seek extra powers for licensing betting shops.

RESOLVED:

‘That this Council -

• Shares the widespread concern among Hackney residents at the high concentration of betting shops in some parts of the borough, and the constraints of planning and licensing regulations in addressing this.

• Welcomes the hard work of the Mayor and other councillors over the past two years in campaigning for planning and licensing regulations to be tightened so that Councils can have a greater role in shaping their local communities

• Notes the recent meeting initiated by the Community Safety and Social Inclusion Scrutiny Commission, which investigated the problem, heard from local residents and international experts as to the problems betting shops can cause, and collected evidence to be used as part of a London-wide move to restrict the growth of gambling off and on-line.

• Endorses the decision by the Labour administration to take a lead in London in using the Sustainable Communities Act to put forward proposals seeking powers for local authorities to tackle the concentration of betting shops in areas with high levels of deprivation, as set out by the Cabinet Member at April’s meeting of Full Council.’

There were no appointments to Council committees made at this meeting.

Appendix 1

The following questions were taken at the meeting and received an oral response:

7.1 From Cllr Vincent Stops to the Cabinet Member for Customer Services and Sustainability:

‘What is being done to promote biodiversity in our parks and open spaces?’

Response from the Cabinet Member for Customer Services and Sustainability:

Cllr Linden stated that the Council took its responsibilities to promote biodiversity very seriously. The Parks Department, in partnership with Planning, had set up a Biodiversity Partnership. This partnership had identified priority habitats that Hackney should be conserving, and would be taking steps to identify biodiversity targets to formulate a Biodiversity Action Plan (BAP).

Cllr Linden also explained that work to promote biodiversity was ongoing and that each Green Flag Parkhad a Management Plan identifying steps taken to promote biodiversity.  For example, the Council was minimising the use of pesticides, leaving logs to rot, varying mowing regimes to protect trees and small animals, and planting wildflowers.  In addition, the Council had planted 1000 trees on the streets of Borough and intended to plant an additional 400 to promote further biodiversity.

7.2 From Cllr Maureen Middleton to the relevant Cabinet Member for Community Services:

‘Why has Hackney changed its letting criteria relating to the age at which a child should be allocated his or her own bedroom?’

Response from the Cabinet Member for Community Services:

Cllr Nargis Khan explained that the change was introduced to enable the Council to more effectively address the most severe forms of overcrowding on the housing register. Families with older children of different genders sharing bedrooms would benefit from the changes. The change also brought Hackney’s practices into line with the nationally recommended `bedroom standard’ for dealing with overcrowding.  The Council was committed to reducing all forms of overcrowding.

In response to a supplementary question, regarding the confusion surrounding the new criteria, Cllr Nargis Khan advised that although a new policy had been introduced, the criteria remained the same.  It was explained that overcrowding was under increasing scrutiny by Government and that extra funding had been identified, meaning that the Council was in a better position to help families and ensure that funding was targeted appropriately.  She stated she would forward a copy of the policy to Cllr Middleton and was happy to discuss further if required.

7.3 From Cllr Sem Moema (asked by Cllr Christopher McShane) to the Cabinet Member for Community Services:

‘What progress has  been made in achieving the Labour administration's manifesto commitment to achieve 4 more Green Flag awards for Hackney's parks by 2010?’

Response from the Cabinet Member for Community Services:

Cllr Nargis Khan stated that significant investment meant that manifesto pledge had been doubled, with the Council achieving in 2008 seven Green Flag awards and one Green Heritage award. The announcement of awards for 2009 had recently been made and the Council had been successful in retaining all existing awards and added two more green flags  ...  view the full minutes text for item 17.