Agenda, decisions and minutes

To approve the Minutes of the Meeting held on 3 November 2015 (previously circulated pages 431- 441).

RESOLVED:   The Minutes of the Meeting on 3 November 2015 were approved as a correct record and signed by the Chairman.

RESOLVED:   The Minutes of the Meeting on 3 November 2015 were approved as a correct record and signed by the Chairman.

To consider any business, which by reason of special circumstances, the Chairman proposes to accept, under Section 100(b)(4)(b) of the Local Government Act 1972.

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None.

Please indicate if there are any interests which should be declared.  A declaration of an interest should indicate the nature of the interest (if not already declared on the Register of Interests) and the agenda item to which it relates.  If a disclosable pecuniary interest is declared, the member should withdraw from the room whilst the matter is discussed.

These declarations apply to all Members present, whether the Member is part of the meeting, attending to speak as a local Member on an item or simply observing the meeting from the public seating area.

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To receive any Chairman’s correspondence.

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To note the names of any Councillors who wish to address the meeting under Standing Order 34.

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To report on any Cabinet Decisions called in.

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None.

A copy of the Forward Decisions List is attached

The Forward Decision List was noted.

The Forward Decisions List was noted.

To receive any comments and recommendations from other Council bodies which meet after the dispatch of this agenda.  Copies of any additional  comments made will be circulated as soon as they are available.

§     Resources and Performance Panel –  24 November 2015

§     Audit Committee – 24 November 2015

§     Regeneration and Development Panel – 25 November 2015

§     Environment and Community Panel – 25 November 2015

Comments and recommendations were received from the following Council body which met after the dispatch of this agenda.  They were considered with the item on the agenda. 

Environment and Community Panel – 25 November 2015

EC9: Cabinet Report – Hackney Carriage And Private Hire Licensing Conditions Review

RESOLVED: That the Environment and Community Panel support the recommendation to Cabinet as set out below:

The Council adopt the revised procedures and conditions.

EC10: Cabinet Report – Freebridge Community Housing Representation

RESOLVED: That the Environment and Community Panel support the recommendations to Cabinet as follows:

(i) To agree the proposed terms of reference to a strategic forum between the Council and Freebridge Community Housing as set out in the report.

(ii) To agree that the Leader and the Portfolio older with responsibility for Housing, along with the Chief Executive, represent the Council at the proposed forum.

Comments and recommendations were received from the following Council body which met after the dispatch of this agenda.  They were considered with the item on the agenda. 

Environment and Community Panel – 25 November 2015

EC9: Cabinet Report – Hackney Carriage And Private Hire Licensing Conditions Review

RESOLVED: That the Environment and Community Panel support the recommendation to Cabinet as set out below:

The Council adopt the revised procedures and conditions.

EC10: Cabinet Report – Freebridge Community Housing Representation

RESOLVED: That the Environment and Community Panel support the recommendations to Cabinet as follows:

(i) To agree the proposed terms of reference to a strategic forum between the Council and Freebridge Community Housing as set out in the report.

(ii) To agree that the Leader and the Portfolio older with responsibility for Housing, along with the Chief Executive, represent the Council at the proposed forum.

RecommendED:      1)         That the revised procedures and conditions be adopted.

2)         That delegated authority be given to the appropriate officer in consultation with the relevant Cabinet Member to amend all policies and procedures in order to incorporate any future legislative or regulatory changes.

Reason for Decision

To keep the current procedures and conditions up to date and fit for purpose. The incorporation of the legislative changes element of the recommendation is to ensure that when changes in legislation are made they are quickly incorporated into relevant policies and procedures in consultation with portfolio holders.

Councillor Lawrence presented a report which explained that the Borough Council of King’s Lynn & West Norfolk had adopted the provisions of the Local Government (Miscellaneous Provisions) Act 1976 that related to the licensing of hackney carriages and private hire vehicles, hackney carriage and private hire drivers and private hire operators. The Act permitted Local Authorities to attach conditions to the licenses issued to vehicles, drivers and operators. The purpose of the licensing regime was to ensure the safety of the travelling public, other road users, pedestrians, and the drivers of licensed vehicles. Commercial concerns of the trade could be taken into account but were secondary to the safety aspects of licensing. The last full review of licensing conditions was approved by Full Council on 30^th June 2011.

A number of procedures and conditions had also been reviewed with the aim of streamlining procedures and providing more protection for the public, particularly in line with the recent cases of child exploitation across the country.

Councillor Long drew attention to the changes in acceptable mileage levels of vehicles, and commented that the Council had been trying to keep a new fleet of cabs, and up to now had appeared better than neighbouring authorities fleets.  He asked what the exceptional circumstances would involve, as generally he would prefer not to accept cars over 10 years old.  The Licensing Manager explained that the criteria was at entry point, if a vehicle was older it would have to be of excellent quality, which was a discretionary judgement taken by officers.  This discretion had to be included for appeal purposes.   If was noted that the exceptions vehicles were often special event cars.  

Councillor Mrs Nockolds asked about the ages of Novelty Vehicles, to which it was explained that this often included vintage vehicles and had in fact included a fire engine in the past.

The Chairman drew attention to the fact that often legislative changes came into force which the Council had no choice but to implement and change policies and procedures accordingly.  He proposed that a further recommendation be included that when legislative changes were made, policies and procedures be updated accordingly in consultation with the relevant Cabinet Member.  This was supported.

RecommendED:    1)         That revised procedures and conditions be adopted.

2)         That delegated authority be given to the appropriate officer in consultation with the relevant Cabinet Member to amend policies and procedures in order to incorporate any future legislative or regulatory changes.

ReSOLVED:   1)         That  the proposed terms of reference to form a strategic forum between the Council and FCH as set out in the report be approved.

2)         That the Leader and the Portfolio Holder with responsibility for Housing, along with the Chief Executive, represent the Council at the proposed Forum.

Reason for Decision

A structured arrangement will help ensure that an effective relationship withFCH the major provider of affordable housing in the area is maintained

Councillor Lawrence presented a report which proposed the establishment of a structured forum involving Freebridge Community Housing (FCH) and the Council.

The report explained that whilst an effective relationship had been maintained since stock transfer in 2006, there was currently no existing forum for the two organisations to engage in discussion on strategic matters at a Senior Member/Director level.

In recent years FCH had developed into an increasingly important partner to the Borough Council not only in terms of the provision of social and affordable housing but also on wider community issues.  Close working with FCH was vital in relation to speedily addressing the need of homeless people and families to whom the Council owed a statutory duty, as well as in terms of providing homes for people on the housing register.  FCH were a key partner within the West Norfolk partnership and had played a significant part in a range of community initiatives, an example being their acquisition of the Providence Street community facilities in King’s Lynn which had been enhanced and improved both operationally and physically since FCH acquired the building from Norfolk County Council.

A strategic forum had been proposed (to include two meetings per year) that would provide an opportunity to ensure that respective priorities were understood; that new opportunities were explored; and that challenges and risks were identified.  The proposal to establish formal arrangements for engagement came at a time of significant change in the operating environment of registered housing providers.

The Chief Executive drew attention to the fact that the proposed arrangements were similar to those operated with the College of West Anglia (COWA) and formalised discussions in a more transparent manner.  FCH Board had agreed to the proposal.

Councillor Daubney drew attention to the fact that the proposal would ensure people were better informed of works with FCH in the same way as with the COWA and Alive.

Councillor Pope asked what would happen with the Golden Share if FCH should merge with any other Housing Provider.  Councillor Lawrence commented that it might end up necessary to exercise the golden share if the Council wasn’t in agreement with any proposal, it could potentially come to Cabinet for discussion about the best way forward.  The Chief Executive explained that when the Council required the Golden Share in the transfer it was to make sure things couldn’t happen without the Council taking a view on it taking into account the interests of the people of the Borough.  If members felt any arrangements weren’t acceptable Cabinet could instruct the Cabinet member to exercise the Golden Share.  It was a negotiating tool for the Council to ensure the people in the Borough were protected.

Councillor Long welcomed the proposal and stated he had abstained at the Board Meeting so he could agree it at this meeting.  He felt it made for a more transparent outward facing and formal footing, and felt that there would be less need to use the Golden Share when in discussion with FCH.  ...  view the full minutes text for item CAB94