Minutes for Overview and Scrutiny Committee (Performance and Corporate Services) meeting, Nov 10 2009, 6.30PM official page

Apologies for absence were received from Councillor Byrom.

Members and Officers are requested to give notice of any personal or prejudicial interest and the nature of that interest, relating to any item on the agenda in accordance with the relevant Code of Conduct.

The following declarations of interest were received:

Member/Officer

 Minute

Reason

Action

Councillor Byrne

Councillor Fenton

Councillor Howe

No. 21 –

Electoral Cycle – Resolution for Whole Council Elections

Personal – In their capacity as Parish Councillors

Stayed in room and took part in consideration of the item.

Mike Fogg

Personnel Director

Caroline Elwood

Legal Director

No. 26 - Transformation Programme Update - Senior Management Structure

Prejudicial - potentially affected by the proposals contained within the report

Stayed in the room for the purpose of giving technical advice to Members, but took no part in debate about the item.

RESOLVED:

That the Minutes of the Meeting held on 6 October 2009 be confirmed as a correct record.

Annual Report of the Director of Public Health

The Committee considered the Annual Report of the Director of Public Health – ‘Invest for the Future’, which focused on tackling health inequalities in the long term.

Cathy Wardlow, Head of Health Improvement and Partnerships, presented the report, indicating  that the Sefton’s Health initiative – ‘Invest to Save Lives’ highlighted the persistent nature of health inequalities experienced by people in Sefton and recommended actions which would have the biggest impact on the direct causes of inequalities in the short to medium term.  She indicated that this year’s report aimed to fill an important gap in the approach recommended last year, by identifying the work needed to tackle the wider determinants of inequality such as employment, education, housing, environment, climate change and community cohesion. She concluded by stating that the next steps would involve a continuation of short term actions to reduce inequalities and the development of a long term health inequalities strategy across all partners, making sure that effective interventions were implemented in a systematic, sustained and targeted way; and on a large enough scale to have the required impact.

Discussion about the report elicited the following issues:

• Sefton Council’s housing improvement grants programme has contributed to considerable improvements in health outcomes for local residents and consequently in costs for the NHS – perhaps the partnership approach could consider sharing the savings amongst the partners.

• With the continued growth in the 65+ year proportion of the population, numbers of people with long term medical conditions can be expected to rise markedly over the next ten years; and investment and reform is needed to build capacity within the community and ensure that adequate resources are focused on providing care and community services for the support of older people.

• Interventions taken to change behaviour (e.g. to stop people smoking) needs a multi-layered approach with different people/groups of people requiring different interventions

• The statistics and information about the quantity and quality of public green space in Sefton were to be revisited as at present they only included Council owned public parks, play areas, etc.

RESOLVED: That

(1)

the Annual Report of the Director of Public Health be commended; and

(2)

an update on progress be requested in six months time.

Report of the Legal Director

The Committee considered a report of the Legal Director on the electoral cycle. The Director advised Members of the “permitted resolution period” which ended on the 31^st December 2009.   During this time the Council could, by special resolution of Full Council, resolve to move from the current scheme, of elections by thirds, to whole council elections.

The Legal Director set out the provisions of the Local Government and Public Involvement in Health Act 2009 which had introduced this matter, the timescales involved and the effect of any change on Parish and Town Councils.  In addition the financial consequences of a change to the electoral cycle were detailed within the report.

The Committee also heard from Councillor Rob Bailey who was a Councillor on Lancashire County Council (with whole council elections), West Lancashire District Council (with elections by thirds) and Parbold Parish Council.

Following consideration of the report and the comments of Councillor Rob Bailey, the Committee noted that the next stage of the process was to consult with relevant parties prior to a special Council meeting to be held in December to decide the matter.

RESOLVED: That

(1)

the need to convene a Special Council on 17 December,

2009, to formally consider, after undertaking appropriate consultation, whether to pass a resolution that the Council should move to “whole Council Elections” be noted; and

(2)

at this stage in the process, the Committee is minded to support the retention of the current electoral cycle (election by thirds).

Report of the Legal Director

The Committee considered the report of the Legal Director presenting the final report of the Community Involvement - Licensing Act Working Group.

The Scrutiny and Review Committee (Regeneration and Environmental Services) (as it was then known) at Minute No. 45(5) of 23 October 2007, had established the Working Group with the following Members:-

Councillors C. Mainey (Lead Member), S. Mainey, Papworth, Veidman and Webster.

The terms of reference and objectives were:-

(i)      To examine the current policy in relation to Ward Councillors’ involvement in petitions;

(ii)     To examine the existing protocol in relation to the granting of licences and reviews in terms of notifications and local residents and Ward Councillors;

(iii)    To examine the current policy in relation to reviews including the recording of incidents, log trail and members of the public recording complaints anonymously; and

(iv)    To examine how much evidence is required when investigating complaints.

The review commenced in November 2007, following which the Group had held meetings, interviewed witnesses and consulted with interested parties which culminated in the following recommendations:

(1)    That those occupiers and owners of properties with curtilages abutting those premises applying for a Premises Licence, Club Premises Certificate, the Variation of a Premises Licence or Club Premises Certificate or any Premises subject to a review, be notified of any such application.

(2)    Any such Borough-Wide notification procedure to be adopted for a 12 month period with the results of the pilot being the subject of a further report to the Licensing and Regulatory Committee to consider whether the scheme of notification be continued/enhanced/withdrawn, as appropriate prior to the full review of Sefton’s Statement of Licensing Policy for 2011.

(3)    That the Report in relation to the outcomes of the Borough-Wide pilot on notification be submitted to the Overview and Scrutiny Committee (Regeneration and Environmental Services) for information.

Councillor C. Mainey presented the report and answered questions thereon.

Members welcomed the proposal which would give Sefton residents greater opportunities for objecting to applications for premises licences. However, Councillors Bigley and Papworth (in their capacity respectively as Chair and Vice Chair of the Licensing and Regulatory Committee), indicated that the initiative should be viewed with some caution as it had the potential to unrealistically raise expectations of local residents; advising Members that the Licensing Act 2003 specified that local residents could only object to the grant or variation of a Premises Licence if the premises failed to promote the Licensing Objectives of:

·         Prevention of Crime and Disorder;

·         Public Safety;

·         Prevention of public nuisance; and

·         Protection of children from harm; and

as such they welcomed the recommendation indicated in (2) above, that the pilot be reviewed after 12 months.

RESOLVED:

That the final report and recommendations detailed in paragraph 9.0 of the report, and set out in (1), (2) and (3) above, be supported.

Report of the Legal Director

In order to keep Overview and Scrutiny Members informed, it had been agreed at the Overview and Scrutiny Management Board on 25 August 2009 to submit relevant Cabinet Member Reports to future Overview and Scrutiny Committees.

Accordingly, the Committee received the latest reports from the Cabinet Members Communities, Corporate Services and Performance and Governance.

RESOLVED:

That the Cabinet Member reports be received.

Report of the Legal Director

The Committee considered the report of the Legal Director attaching the latest Key Decision Forward Plan which contained all the Key Decisions which the Executive was anticipated to take during the above period. The Committee was advised of its right to pre-scrutinise any Key Decision which fell under its remit.

RESOLVED: That

(1)

the contents of the Forward Plan for the period 1 November 2009 to 28 February 2010, be accepted;

(2)

the progress and actions of the Working Groups to date be approved; and

(3)

the resolution of the Cabinet Member – Corporate Services, of 14 October 2009 (Minute No. 51), endorsing this Committee’s recommendation not to approve the purchase of grave plots by instalments, be welcomed.

To consider passing the following resolution:

That, under Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following item(s) of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A to the Act.  The Public Interest Test has been applied and favours exclusion of the information from the Press and Public.

RESOLVED:  

That, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that it would involve the likely disclosure of exempt information as defined in Paragraphs 1 of Part 1 of Schedule 12A to the Act.  The Public Interest Test has been applied and favour exclusion of the information from the press and public.

Report of the Chief Executive

Further to Minute No. 189 of the Cabinet held on 29 October 2009, the Committee considered the report of the Chief Executive providing an update on progress made in relation to the Transformation Programme and establishing a framework for the development of the Senior Management Structure.

RESOLVED: That

(1)

the progress made in developing the Transformation Programme and Senior Management Structure be noted; and

(2)

the resolutions made by Cabinet on 29 October 2009 (Minute No.    189) be noted.