Agenda and draft minutes

Council - Tuesday, 18th February, 2020 7.00 pm

Venue: Council Chamber, Council Offices, The Burys, Godalming

Contact: Fiona Cameron  Democratic Services Manager & Deputy Monitoring Officer

Items
No. Item

CNL52.

MINUTES pdf icon PDF 331 KB

To confirm the Minutes of the Council meeting held on 10 December 2019 (herewith).

Minutes:

The Minutes of the Meeting held on 10 December 2019 were confirmed as a correct record and signed.

CNL53.

APOLOGIES FOR ABSENCE

The Mayor to report apologies for absence.

Minutes:

Apologies for absence were received from Cllrs Carole Cockburn, Jerome Davidson, Simon Dear, Chris Howard, Stephen Mulliner, and Richard Seaborne.

 

Cllr Hyman gave apologies and left the meeting at 9.20pm, during the consideration of the Capital Strategy.

CNL54.

DECLARATIONS OF INTEREST

To receive from Members, declarations of interest in relation to any items included on the agenda for this meeting in accordance with the Waverley Code of Local Government Conduct.

Minutes:

Cllr John Robini and Cllr Jacquie Keen declared a Disclosable Pecuniary Interest (DPI) in respect of Agenda Item 11, as they rented a garage from Waverley Borough Council.

 

Robin Taylor, Monitoring Officer, advised that given the nature of the DPI he had granted a dispensation to allow Cllrs Robini and Keen to remain in the Council Chamber and take part in the determination of the recommendations on the Housing Revenue Account budget.

CNL55.

MAYOR'S ANNOUNCEMENTS

To receive any communications or announcements from the Mayor.

Minutes:

55.1     The Mayor thanked the Chief Executive, Tom Horwood, and Waverley officers for their hard work over the weekend in responding to the bad weather and flooding in Waverley.

 

55.2     The Mayor reported on a networking event she had hosted on Monday, which enabled representatives from local organisations to meet with representatives of the Ahmadiyya Muslim Community. This had been an extremely interesting event, and many useful connections were made between organisations for their mutual benefit.

 

55.3     The Mayor reminded Members of her charity walk, on Sunday 22 March, in aid of Mane Chance. The walk would start at Guildford Station and follow the North Downs Way via Watts Gallery to Farnham, with refreshment stops along the way. She hoped that Members and staff would join her for some or all of the walk.

 

55.4     Finally, the Mayor announced that she would be holding an event on Monday 27 April at Rodborough School to highlight the issue of mental ill-health and in particular suicides among men. She had met with the Surrey County Council Public Health Lead for Suicide Prevention, and was looking forward to providing more details in due course of this exciting initiative.

 

55.5     With the indulgence of the Mayor, Cllr Christine Baker stood to commend the Mayor for what she was doing to draw attention to this important matter. Cllr Baker advised Members that her son had committed suicide at the age of 38, and today would have been his birthday, so she could not let the moment pass without commenting.

CNL56.

LEADER'S ANNOUNCEMENTS

To receive any communications or announcements from the Leader.

 

Minutes:

The Leader welcomed Cllr Maxine Gale to the Council.

CNL57.

QUESTIONS FROM MEMBERS OF THE PUBLIC

To respond to questions from members of the public, received in accordance with Procedure Rule 10.

 

The deadline for receipt of questions is 5pm on Tuesday 11 February 2020.

Minutes:

There were no questions from members of the public.

CNL58.

QUESTIONS FROM MEMBERS OF THE COUNCIL

To respond to any questions received from Members of the Council in accordance with Procedure Rule 11.2.

 

The deadline for receipt of questions is 5pm on Tuesday 11 February 2020.

Minutes:

There were no questions from Members of the Council.

CNL59.

MOTIONS

To receive any motions submitted in accordance with Procedure Rule 12.1.

 

The deadline for receipt of motions was 5pm on Thursday 6 February 2020.

Minutes:

There were no motions on notice from Members.

CNL60.

Medium Term Financial Plan 2020/21 - 2023/24 and General Fund Revenue Budget 2020/21 [EXE 60/19] pdf icon PDF 446 KB

This report outlines the latest Medium Term Financial Plan and the draft General Fund Budget for 2020/21. The Financial Plan sets out the key work streams for the Council to focus on which, collectively, aim to address the significant shortfall in annual budget projected over the medium term which is estimated to grow to £5.4million per annum or 40% of the total net service cost by 2023/24.

 

This report contains the following Annexes:

 

Annexe 1 – draft Medium Term Financial Plan

Annexe 2 -  draft General Fund Budget Summary 2020/21

Annexe 3 – statement of key variations from 2019/20 budget 

Annexe 4 – draft Fees & Charges for 2020/21

Annexe 5 – schedule of projected reserves and balances

Annexe 6 – draft Capital Programme

 

Recommendation

 

The Executive makes the following recommendations to Council, to:

 

1.    agree a 1.9% increase in Waverley’s element of the Council Tax Charge for 2020/21, equivalent to around 7p a week on a Band D property;

 

2.    agree to make no change to the Council’s existing Council Tax Support Scheme;

 

3.    agree the proposed Fees and Charges as shown at Annexe 4;

 

4.    approve the General Fund Budget for 2020/21 as described in this report, and in Annexes 2 and 3; and

 

5.    approve the General Fund Capital Programme as shown at Annexe 6.

 

In accordance with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014, a recorded vote will be taken on this item.

Additional documents:

Minutes:

60.1    The Leader of the Council, Cllr John Ward, presented the budget to Council:

 

Good evening Councillors and Ladies and Gentlemen in the Public Gallery. I am pleased to present to you the first General Fund Budget of this new administration which is outlined in the report on pages 23 – 84 of your Agenda packs. We may be a new Administration but the same problems and financial pressures confront us as they did our predecessors and so, before Cllr Merryweather; effectively my Chancellor; presents that report in more detail, I would like to set the scene with a number of more general remarks about the situation in which we find ourselves. By the way I should perhaps make it clear at once that I have no intention of knifing my Chancellor.

 

“This report relates only to our General Fundbudget and does not cover our social housing activities, dealt with by our Housing Revenue Account (HRA), which is an entirely separate entity that will be covered later under Agenda Item 11. Excluding our Housing Revenue Account activities, our General Fund is the account into which we receive all our other revenues and is the “pot” from which we expend money on all of our other day-to-day services. Therefore it is clear that having a robust General Fund Budget is essential to the delivery of all aspects of our Corporate Plan which, to remind you all, states explicitly that we “will promote and sustain a financially sound Council”.

 

“For some years now, it has been Central Government policyto reduce the funding this and other Councils receive, either in Grants or from the small share of Business Rates that it allows us to retain. It is doing so despite relentless upward inflationary pressureon our costs, and faster than we can reasonably be expected to make up the resulting gap from other income sources. There is, therefore, extraordinary pressure on us to cut costs and, by implication, risk services. This is captured on the adverse sideof the Medium Term Financial Plan, and summarised in the Table at §4.2 of your report (Page 24).

 

“I encourage you, during Cllr Merryweather’s remarks, to view the Chart at §4.12 (Page 27) of the report and, in particular Business Rates. While we, as Waverley, collect them, they are not set by us nor do we have any say in how much we can keep to fund our services. So, whilst we currently collect around £38m from Waverley’s businesses, for which they naturally expect to receive some services it will, I am sure, surprise many of you to learn that we are currently allowed to keep only around 5p in every £1. More importantly, we have not only been told by Central Government to expect that share to decline to zero, but there is a very serious threat that it may actually go further and tax us more than £1 for every £1 we collect from our hard-pressed businesses.  ...  view the full minutes text for item CNL60.

Recorded Vote
TitleTypeRecorded Vote textResult
General Fund Budget - Amendment re car parking charges Amendment

To require that any changes to car parking tariffs in the borough in 2020/21 be brought to Council for full transparent debate and decision, following all necessary consultation, and are not approved through delegated authority.

Rejected
General Fund - Recommendation 1 Resolution

To agree a 1.9% increase in Waverley’s element of the Council Tax Charge for 2020/21, equivalent to around 7p a week on a Band D property.

Carried
General Fund - Recommendation 2 Resolution

To make no change to the Council’s existing Council Tax Support Scheme.

Carried
General Fund - Recommendation 3 Resolution

To agree the proposed Fees and Charges as shown at Annexe 4 of the report.

Carried
General Fund - Recommendation 4 Resolution

To approve the General Fund Budget for 2020/21 as set out in Annexes 2 and 3 of the report.

Carried
General Fund - Recommendation 5 Resolution

To approve the General Fund Capital Programme as shown in Annexe 6.

Carried
  • View Recorded Vote for this item
  • CNL61.

    Capital Strategy 2020/21, incorporating Treasury Management Strategy and Property Investment Strategy [EXE61/19] pdf icon PDF 105 KB

    It is a statutory requirement for local authorities to produce an annual Capital Strategy.  The Capital Strategy brings together the Council’s detailed policies, procedures and plans relating to cash investments and property assets.  It incorporates the Treasury Management Framework, Prudential Indicators and Property Investment Strategy for 2020/2021.  

     

    Recommendation

     

    The Executive recommends to Council that the Capital Strategy for 2020/2021, incorporating the Treasury Management Strategy, Prudential Indicators and Property Investment Strategy, is approved.

     

    Additional documents:

    Minutes:

    Cllr Jerry Hyman left the meeting before the start of consideration of this item.

     

    61.1    The Leader moved the recommendation to approve the Capital Strategy for 2020/21, which was seconded by Cllr Paul Follows. The Leader invited the Portfolio Holder, Cllr Mark Merryweather, to present the proposals.

     

    61.2    Cllr Merryweather reported that it was a statutory requirement for local authorities to produce an annual capital strategy. The Capital Strategy brought together the Council’s detailed policies, procedures and plans relating to cash investments and property assets. Only minor amendments were proposed to the Treasury Management strategies. More substantive changes were proposed to the Property Investment Strategy, to allow the Council more scope to explore investment opportunities that would generate an income for the Council. The current property portfolio was wholly commercial office, industrial and retail space, and heavily concentrated in Farnham. Having taken legal advice, it was now proposed to diversity and invest in open market rental residential property, and it was expected that the most attractive opportunities would be those where the Council had the strategic cost advantage of building on its own land. These developments would be in addition to the Housing Revenue Account, and would contribute to Waverley’s Local Plan housing targets, be built to a high standard of design, and the rental income would contribute to Waverley’s General Fund balance.

     

    61.3    The Property Investment Strategy continued to keep risk and good governance at the heart of decision-making and these sections had been strengthened. The Strategy also now reflected the Council’s Climate Change commitment.

     

    61.4    Cllr Peter Martin was pleased to support the Capital Strategy, although he had some reservations about the move into residential property, and the proposal to keep investments within the confines of the borough. However, all proposals were considered on a case-by-case basis and assessed against the agreed criteria. He also had concerns about whether the budgeted level of income could be achieved in 2020/21, but was content to support the Capital Strategy.

     

    61.5    Cllr John Gray noted that the Executive had reduced the number of independent members on the Investment Advisory Board, and that the Audit Committee had not had an opportunity to review the proposals, which had been submitted to the Value for Money Overview & Scrutiny Committee instead. He noted also that since the elections in May 2019, the Audit Committee had not yet reviewed its terms of reference, which the committee had previously agreed to do at its first meeting in the new council year. This was important because of the potential confusion in the roles of Audit Committee and O&S, and their respective lines of reporting. Given the substantial sums of money that would need to be invested to generate the required level of income, and the risks involved in property investment, Cllr Gray was concerned that the Audit Committee had not had an opportunity to review the Capital Strategy. There was not sufficient time in Council to review such technical documents and he felt that the Audit Committee  ...  view the full minutes text for item CNL61.

    Recorded Vote
    TitleTypeRecorded Vote textResult
    Capital Strategy 2020/21 Resolution

    To approve the Capital Strategy for 2020/21 incorporating the Treasury Management Strategy, Prudential Indicators, and Property Investment Strategy.

    Carried
  • View Recorded Vote for this item
  • CNL62.

    Housing Revenue Account Business Plan, Revenue Budget and Capital Programme 2020/21 [EXE 62/19] pdf icon PDF 368 KB

    This report advises Members of the latest position regarding the Housing Revenue Account (HRA) for 2020/21, the updated 30-year Business Plan and seeks approval of the 2020/21 budget.

     

    The report contains the following Annexes:

     

    Annexe 1 – Revised HRA Business Plan - 2020/21 to 2023/24

                Annexe 2 – Housing Fees and Charges

                Annexe 3 – Capital Programme comprising

    ·         Housing Core Programme

    ·         New Affordable Homes Programme

    ·         Stock Remodelling Programme

    Annexe 4 – HRA Reserves Summary

     

    Recommendation

     

    The Executive makes the following recommendations to the Council, that:

     

    1.    the rent level of Council dwellings be increased by 2.7% from the 2019/20 level with effect from 1 April 2020 in accordance with The Government’s permitted guidelines;

     

    2.    the weekly charge for garages rented by both Council and non-Council tenants be increased by 25 pence per week excluding VAT from 1 April  2020;

     

    3.    the service charge in sheltered accommodation be increased by 50 pence per week from 1 April 2020 to £19.50;

     

    4.    the recharge for energy costs in sheltered accommodation (as appropriate) be increased by 50 pence per week from 1 April 2020;

     

    5.    the revised HRA Business Plan for 2020/21 to 2023/24 as set out at Annexe 1 be approved;

     

    6.    note the approval change for the fees and charges as set out in Annexe 2;

     

    7.    the Housing Revenue Account Capital Programmes as shown at Annexe 3 be approved;

     

    8.    the proposed use of the Working Balance Reserve and Contingency Reserves to fund Capital Programmes be approved; and,

     

    9.    the financing of the capital programmes be approved in line with the resources shown in Annexe 4.

     

    In accordance with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014, a recorded vote will be taken on this item.

    Additional documents:

    Minutes:

    62.1    The Leader introduced the Housing Revenue Account (HRA) report, reminding Members that this was another area where the Council’s income stream and ability to provide services to residents was suffering from ill thought-out Central Government interference. The authority’s responsibility as a social landlord was with the management and maintenance of existing council homes, of which there were almost 5,000 rented and shared ownership homes in our Borough, and delivering housing by purchase or by building our own. Waverley was one of a dwindling number of councils still doing this.

     

    62.2    The Right to Buy (RTB) scheme had seemed “a good idea at the time” but was not properly thought through. The Council was forced to sell houses at below market value and not even allowed to keep all the proceeds,resulting in a continued net loss of Social Housing. Even worse, national statistics showed that about 40% of social housing sold ended up being privately rented out at full market rates – a classic case of robbing the poorest to enrich those better off. There was little wonder that there is a nationally recognised crisis in available Social Housing.

    62.3    The Government had also required Waverley to take £189 million of “assumed debt” by an enforced transfer of the HRA to a so-called “self-financing basis”; and a 4 year rent freeze; had robbed the council of badly needed income to maintain our current housing stock. Even applying the maximum rent increase now allowed by the Government, our tenants will be paying less in rent than 4 years ago

     

    62.4    Waverley’s Corporate Strategy aimed to maximise the availability of housing that meets the needs of local people at all income levels and emphasised the value and worth of all residents. More and better affordable housing was needed for residents of the Borough in housing need, particularly the more vulnerable in our society. Despite the many difficulties outlined this Administration had put in place a viable business plan to aid delivery of these priorities.

    62.5    The Council had to set a balanced HRA budget for 2020/21 in accordance with the updated 30-year Business Plan including the three-year Capital Programme. The plan which would be presented by Cllr Rosoman, the Housing Portfolio Holder, would provide the resources to fund the 30-year maintenance forecast and deliver proposals for building new quality affordable homes for those in need and investment in stock remodelling.

     

    62.6    The Housing Portfolio Holder, Cllr Anne-Marie Rosoman outlined the detail of the proposed Housing Revenue Account Business Plan. In order to set a balanced HRA budget a combination of factors had to be considered, looking at statutory responsibilities, housing need and setting forward programmes within the Housing Strategy.

    62.7    In 2012, Waverley had to take out £189m of borrowing to transfer the HRA to the new ‘self-financing’ basis.  This level of debt, and the cost of servicing it, could not be ignored. At the time the government allocated this debt to the Council, it was on the assumption that rents  ...  view the full minutes text for item CNL62.

    Recorded Vote
    TitleTypeRecorded Vote textResult
    Housing Revenue Account Business Plan, Revenue Budget and Capital Programme 2020/21 Resolution

    To approve:

    1.    An increase in the rent level of Council dwellings of 2.7% on the 2019/20 level with effect from 1 April 2020, in accordance with the Government’s permitted guidelines.

    2.    An increase in the weekly charge for garages rented by both Council and non-Council tenants of 25 pence per week excluding VAT with effect from 1 April 2020.

    3.    An increase in the service charge in sheltered accommodation of 50 pence per week with effect from 1 April 2020.

    4.    An increase in the recharge for energy costs in sheltered accommodation (as appropriate) of 50 pence per week with effect from 1 April 2020.

    5.    The revised HRA Business Plan 2020/21-2023/24.

    6.    The approval change for the fees and charges.

    7.    The HRA Capital Programme.

    8.    The use of the Working Balance Reserve and Contingency Reserves to fund Capital programmes.

    9.    Financing of the capital programmes in line with resources as shown.

    Carried
  • View Recorded Vote for this item
  • CNL63.

    Annual Pay Policy Statement 2020/21 [EXE 63/19] pdf icon PDF 79 KB

    The Localism Act 2011 (Section 39) requires all public authorities to publish an Annual Pay Policy Statement. The Council is required to adopt the Annual Pay Policy Statement each year and the Council is not legally permitted to depart from the policies set out in that statement when it considers actual decisions in relation to individuals’ remuneration, including redundancy and/or severance.

     

    The Annual Pay Policy Statement for the 2020/21 financial year is attached at Annexe 1. It has been updated in line with the requirements of the Localism Act 2011, resulting in minimal adjustments from last year which are shown as tracked changes.

     

    Recommendation

     

    The Executive recommends to Council that the Pay Policy Statement for the 2020/21 financial year, attached at Annexe 1, be approved.

     

    Additional documents:

    Minutes:

    63.1    The Leader moved the recommendation that the Annual Pay Policy Statement for 2020/21 for Council be approved. Cllr Paul Follows seconded the recommendation.

     

    (Cllr Jan Floyd-Douglass was absent from the meeting for the consideration of this item)

     

    For 47

    Cllrs Brian Adams, Christine Baker, David Beaman, Roger Blishen, Peter Clark, Richard Cole, Steve Cosser, Martin D’Arcy, Kevin Deanus, Sally Dickson, Brian Edmonds, Patricia Ellis, David Else, Jenny Else, Paul Follows, Maxine Gale, Michael Goodridge, John Gray, Michaela Gray, Joan Heagin, Val Henry, George Hesse, Daniel Hunt, Peter Isherwood, Jacquie Keen, Robert Knowles, Anna James, Andy MacLeod, Peter Marriott, Michaela Martin, Peter Martin, Mark Merryweather, Kika Mirylees, John Neale, Peter Nicholson, Nick Palmer, Julia Potts, Ruth Reed, Paul Rivers, Penny Rivers, John Robini, Anne-Marie Rosoman, Trevor Sadler, Liz Townsend, John Ward, Steve Williams, George Wilson

     

    Abstentions 2

    Cllrs Mary Foryszewski, Penny Marriott

     

    Against 0

     

    63.2    Council RESOLVED that the Pay Policy Statement for the 2020/21 financial year be approved.

     

    Recorded Vote
    TitleTypeRecorded Vote textResult
    Annual Pay Policy Statement 2020/21 Resolution

    To approve the Annual Pay Policy Statement 2020/21.

    Carried
  • View Recorded Vote for this item
  • CNL64.

    MINUTES OF THE EXECUTIVE pdf icon PDF 138 KB

    To receive the Minutes of the Executive meeting held on 7 January and 4 February 2020. Part I matters are set out in the Council agenda above.

     

    Members of the Council wishing to speak on any Part II Matters of Report must give notice to the Democratic Services Team by midday on Tuesday 18 February 2020.

    Additional documents:

    Minutes:

    64.1     Council received the Minutes of the Executive for the meetings held on 7 January and 4 February 2020.

     

    64.2     The Leader reported that all Part 1 matters had been dealt with.

     

    64.3     Cllr Steve Cosser spoke in relation to Minute EXE 51/19, The Burys investment opportunity, and noted that following the January Executive meeting Cllr Follows had made comments which had appeared to be contradict what the Executive had agreed. Cllr Cosser asked if the Leader could clarify the scope of the options appraisal being commissioned. The Leader responded by referring Cllr Cosser to the Executive’s decision.

    CNL65.

    Council Tax Setting pdf icon PDF 255 KB

    The purpose of this report is to enable the Council to make the necessary resolutions in relation to the setting of Council Tax for 2020/2021.

     

    Waverley, as a billing authority for the purposes of Council Tax, is required to set its Council Tax before 11th March in the financial year preceding that for which the Council Tax is set. This report summarises all of the appropriate budgetary decisions that have been taken to enable the level of Council Tax for 2020/2021 to be determined and specifies all of the individual levels of Council Tax for approval by the Council.

    Additional documents:

    Minutes:

    65.1     The Mayor moved the recommendations in the report on Council Tax Setting, which was a technical report that summarised all of the appropriate budgetary decisions that had been taken to enable the level of Council Tax for 2020/21 to be determined, and specified all of the individual levels of Council Tax for approval by the Council.

     

    Votes For 48

     

    Cllrs Brian Adams, Christine Baker, David Beaman, Roger Blishen, Peter Clark, Richard Cole, Steve Cosser, Martin D’Arcy, Kevin Deanus, Sally Dickson, Brian Edmonds, Patricia Ellis, David Else, Jenny Else, Jan Floyd-Douglass, Paul Follows, Maxine Gale, Michael Goodridge, John Gray, Michaela Gray, Joan Heagin, Val Henry, George Hesse, Daniel Hunt, Peter Isherwood, Jacquie Keen, Robert Knowles, Anna James, Andy MacLeod, Peter Marriott, Michaela Martin, Peter Martin, Mark Merryweather, Kika Mirylees, John Neale, Peter Nicholson, Nick Palmer, Julia Potts, Ruth Reed, Paul Rivers, Penny Rivers, John Robini, Anne-Marie Rosoman, Trevor Sadler, Liz Townsend, John Ward, Steve Williams, George Wilson

     

    Abstentions 2

    Cllrs Mary Foryszewski, Penny Marriott

     

    Votes Against 0

     

     

    65.2    Council RESOLVED to approve the individual council tax resolutions as set out in the agenda report at paragraphs

     

    ·         2.1 (a) – (h), being the amounts calculated for the Council for 2020/2021 in accordance with Sections 31 to 36 of the Local Government Finance Act 1992;

    ·         2.2, being the amounts of the precepts for 2020/2021 issued by Surrey County Council and the Police and Crime Commissioner for Surrey, in accordance with Section 40 of he Local Government Finance Act 1992; and,

    ·         2.3, being the aggregate in each case of the amounts at 2.1(h) and 2.2, in accordance with Section 30(2) of the Local Government Finance Act 1992 expressed as the Council Tax for the financial year commencing on 1 April 2020 for each of the categories of dwellings specified.

     

    Recorded Vote
    TitleTypeRecorded Vote textResult
    Council Tax Setting Resolution

    To approve the council tax resolutions as set out in the report.

    Carried
  • View Recorded Vote for this item
  • CNL66.

    Contract Procurement Rules - Proposed revisions [AUD34/19] pdf icon PDF 113 KB

    The Contract Procurement Rules (CPRs) were reviewed by the Audit Committee at its meeting on 26 November 2019 (Minute AUD 34/19).The CPRs were last updated and approved by full Council in October 2018. While the CPRs are still fit for purpose there are a small number of revisions required to reflect new/current legislation as well as the Council’s newly adopted Corporate Strategy.

     

    The Audit Committee asked officers to consult with the Climate Change Advisory Group regarding the new section on Carbon Neutrality before bringing the revised CPRs to Council for approval.

     

    Recommendation

     

    The Audit Committee recommends to Council that the proposed revisions to the Contract Procurement Rules be approved and incorporated into the Council’s Constitution.

    Additional documents:

    Minutes:

    66.1     Cllr Peter Marriott, Chairman of the Audit Committee, presented the proposed revisions to the Contract Procurement Rules to Council. The Audit Committee had reviewed the proposed changes at its meeting on 26 November 2019. The revisions largely related to the insertion of a number of new sections addressing Modern Slavery, a number of tax issues, web accessibility standards, and the drive towards carbon neutrality. The Audit Committee was keen to get the input of the Members on the Climate Change Advisory Group on the provisions to address carbon neutrality, and as a result the wording now proposed was stronger than that originally considered by the Audit Committee.

     

    66.2     The revisions also included clarification on seeking and obtaining quotes for contracts; and on disposal of council assets, distinguishing between disposal of land and buildings and other council-owned assets.

     

    66.3     The Audit Committee had considered the proposed changes to the Contract Procurement Rules carefully and, with the addition of wording provided by the Climate Change Advisory Group, were pleased to recommend them to Council for adoption.

     

    66.4     Cllr John Gray questioned the route by which the revisions had come to Council, noting that the Financial Regulations went to Audit Committee on 26 November and then Council on 10 December, and that the CPRs had been to Audit Committee as well on 26 November.

     

    66.5     It was proposed by Cllr Peter Marriott, duly seconded by Cllr Merryweather, that the proposed revisions to the Contract Procedures Rules as set out in the agenda report be approved, which was agreed by general assent with the Mayor and Deputy Mayor abstaining and no dissent.

     

    66.6     Council RESOLVED to approve the revisions to the Contract Procedure Rules, as set out in the agenda report.

    Recorded Vote
    TitleTypeRecorded Vote textResult
    Contract Procurement Rules Resolution

    To approve the proposed revisions to the Contract Procurement Rules.

    Carried
  • View Recorded Vote for this item
  • CNL67.

    MINUTES OF THE LICENSING AND REGULATORY COMMITTEE pdf icon PDF 161 KB

    To receive the Minutes of the Licensing & Regulatory Committee meeting held on 13 January 2020, and to consider the report and recommendations at agenda item 17, below.

     

    Members of the Council wishing to speak on any Part II Matters of Report must give notice to the Democratic Services Team by midday on Tuesday 18 February 2020.

    Minutes:

    67.1    It was moved by Cllr Robert Knowles, Chairman of the Committee, duly seconded by Cllr Peter Clark, and

     

    RESOLVED  that the Minutes of the Licensing and Regulatory Committee held on 13 January 2020 be received and noted.

     

    67.2    There was one matter for Council’s consideration in Part I, detailed at Minute CNL 68/19, and there were no speakers on Matters of Report in Part II.

    CNL68.

    Taxi and Private Hire Enforcement - Delegations for Surrey Joint Warranting [LIC 33/19] pdf icon PDF 152 KB

    Waverley Borough Council is the licensing authority for the purposes of regulating taxi and private hire services in the Borough. This report seeks approval for making arrangements between Surrey Licensing Authorities to introduce joint warranting for Licensing Officers. This will enable improved enforcement of the taxi and private hire trade across the County and improve safety within the licensed hackney carriage and private hire vehicle service operating in Surrey. 

     

    Recommendation

     

    The Licensing & Regulatory Committee recommends to Full Council that:

     

     (a)   the Council’s Taxi and Private Hire enforcement functions under the legislation set out in Appendix A are delegated to the Surrey local licensing authorities (also set out in Appendix A), in addition to retaining those functions within the Borough and to similarly receive the delegated Taxi and Private Hire enforcement functions (as set out in Appendix A) of those local authorities; and, 

     

    (b)     the responsibility for relevant Hackney Carriage and Private Hire licensing legislation in accordance with 2.1 of the Council’s Constitution which confirms an existing delegated power to the Head of Environmental & Regulatory Services at Part I.3 of the Council’s Scheme of Delegation  (authorisation to enforce all relevant Hackney Carriage and Private Hire licensing legislation) be extended to include the authorisation of officers of other Surrey authorities participating in a Joint Warranting Scheme. 

    Additional documents:

    Minutes:

    68.1     Cllr Knowles introduced the proposal to approve Joint Warranting Arrangements between Surrey Licensing Authorities in relation to enforcement of Taxi and Private Hire regulations.

     

    68.2     Waverley Borough Council was the Licensing Authority for the purposes of regulating Taxi and Private Hire services in the Borough. The proposed Joint Warranting Arrangements would allow Waverley’s powers for inspecting and taking action against Waverley licensed Taxi and Private Hire vehicles to be exercised by Licensing Officers of the ten other Surrey Licensing Authorities when vehicles are operating outside of Waverley. Waverley would receive reciprocal powers from the other Surrey Licensing Authorities, which would enable Waverley Licensing Officers to inspect and take action against Taxi and Private Hire vehicles licensed by other Surrey Licensing Authorities when operating in Waverley.

     

    68.3     The proposed arrangements addressed restrictions in the Taxi and Private Hire vehicle regulations, to enable improved enforcement of the taxi and private hire trade across the County. It was an excellent example of cross border working for the benefit of public safety. As well as endorsing the proposals, the Licensing & Regulatory Committee had asked officers to report back on whether similar arrangements could be agreed with relevant Hampshire and West Sussex Licensing Authorities that border Waverley.

     

    68.4     In response to comments from a number of Members, Cllr Knowles confirmed that whilst some aspects of Taxi and Private Hire licensing had been standardised across the county, there was more to be done is this area. However, the powers to be delegated related to legal requirements applicable to all licensed vehicles.

     

    68.5     The Mayor moved the recommendation that the delegations for Surrey Joint Warranting be approved, which was agreed by general assent with the Mayor and Deputy Mayor abstaining and no dissent.

     

    68.6     Council RESOLVED that:

     

     (a)   the Council’s Taxi and Private Hire enforcement functions under the legislation set out below are delegated to the Surrey local licensing authorities (also set out below), in addition to retaining those functions within the Borough and to similarly receive the same delegated Taxi and Private Hire enforcement functions of those local authorities; and, 

     

    (b)    the responsibility for relevant Hackney Carriage and Private Hire licensing legislation in accordance with 2.1 of the Council’s Constitution which confirms an existing delegated power to the Head of Environmental & Regulatory Services at Part I.3 of the Council’s Scheme of Delegation  (authorisation to enforce all relevant Hackney Carriage and Private Hire licensing legislation) be extended to include the authorisation of officers of other Surrey authorities participating in a Joint Warranting Scheme. 

     

    Functions to be delegated to the Surrey Local Licensing Authorities:

     

    Local Government (Miscellaneous Provisions) Act 1976

    ·         Section 53(3)(a): Driver to produce his licence for inspection

    ·         Section 58: Return of identification plate or disc on revocation

    ·         Section 60: to suspend and revoke vehicle licences

    ·         Section 61: to suspend and revoke drivers’ licences

    ·         Section 68: fitness of private hire vehicles

    ·         Section 73: obstruction of authorised officer

     

    Town and Police Clauses Act 1847

    ·         Section 45: prosecution for plying for hire without a licence

     

    Road  ...  view the full minutes text for item CNL68.

    Recorded Vote
    TitleTypeRecorded Vote textResult
    Taxi and Private Hire Enforcement - Delegations for Surrey Joint Warranting Resolution

    To agree that,

     

    a)    The Council’s Taxi and Private Hire enforcement functions under the legislation set out in the report are delegated to the Surrey local licensing authorities, in addition to retaining those functions within the Borough, and to similarly receive the delegated Taxi and Private Hire enforcement functions of those local authorities; and

    b)    The responsibility for relevant Taxi and Private hire licensing legislation currently delegated to the head of Environmental & Regulatory Services be extended to include the authorisation of officers of other Surrey authorities participating in a Joint Warranting Scheme.

    Carried
  • View Recorded Vote for this item
  • CNL69.

    MINUTES OF THE STANDARDS COMMITTEE pdf icon PDF 81 KB

    To receive the Minutes of the Standards Committee meeting held on 13 January 2020.

     

    There are no Part I recommendations to Council.

     

    Members of the Council wishing to speak on any Part II Matters of Report must give notice to the Democratic Services Team by midday on Tuesday 18 February 2020.

    Minutes:

    69.1     It was moved by Cllr John Robini, Chairman of the Standards Committee, duly seconded by Cllr Goodridge, and

     

    RESOLVED that the Minutes of the Standards Committee meeting held on 13 January 2020, be received and noted.

     

    69.2     There were no matters for consideration in Part I, and no speakers on matters in Part II.

    CNL70.

    EXCLUSION OF PRESS AND PUBLIC

    If necessary, to consider the following motion, to be moved by the Mayor:

     

    That, pursuant to Procedure Rule 20 and in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of any matter on this agenda on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the item(s), there would be disclosure to them of exempt information (as defined by Section 100I of the Act) of the description specified in the appropriate paragraph(s) of the revised Part I of Schedule 12A of the Local Government Act 1972 (to be identified at the meeting).

     

    Minutes:

    There were no matters to be considered in exempt session.