Agenda, decisions and minutes

The Chair made reference to the very sad news of the disappearance of Chris Bamfield, recently retired Executive Director,  whilst wind surfing off Hunstanton at the weekend.  He spoke of the great fondness and respect that Chris was held with amongst the wider Borough Council family.  He stated that all thoughts were with Chris and his wife and family at this awful time.

The Chair made reference to the very sad news of the disappearance of Chris Bamfield, recently retired Executive Director,  whilst wind surfing off Hunstanton at the weekend.  He spoke of the great fondness and respect that Chris was held with amongst the wider Borough Council family.  He stated that all thoughts were with Chris and his wife and family at this awful time.

To approve the Minutes of the Meetings held on 22 September and 26 October 2020 (previously circulated).

RESOLVED:            The Minutes of the Meetings held on 22 September and 26 October 2020 were approved as a correct record and signed by the Chair.

RESOLVED:            The Minutes of the Meetings held on 22 September and 26 October 2020 were approved as a correct record and signed by the Chair.

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

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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 Chair’s correspondence.

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

Members wishing to speak pursuant to Standing Order 34 should inform the Chair of their intention to do so and on what items they wish to be heard before a decision on that item is taken.

The following Councillors attended under standing order 34

Councillors C Joyce, J Moriarty, A Ryves and M de Whalley

The following Councillors attended under standing order 34

Councillors C Joyce, J Moriarty, A Ryves and M de Whalley

To report on any Cabinet Decisions called in.

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A copy of the Forward Decisions List is attached

The Forward Decision List was noted

The Forward Decision List was noted

To receive any comments and recommendations from other Council bodies which meet after the dispatch of this agenda. 

Environment and Community comments on Licensing Policy are attached.

The comments from the Environment and Community Panel and Corporate Performance Panel had been distributed and were taken into account by Cabinet at each item.

With regard to Corporate Performance Panel comments on amendments to standing orders the Chair confirmed he would enter into discussion with Group leaders prior to the Council meeting.

The comments from the Environment and Community Panel and Corporate Performance Panel had been distributed and were taken into account by Cabinet at each item.

With regard to Corporate Performance Panel comments on amendments to standing orders the Chair confirmed he would enter into discussion with Group leaders prior to the Council meeting.

RECOMMENDED:     That the Council be invited to adopt the revised Statement of Licensing Policy in accordance with the requirements of the Licensing Act 2003.

Reason for Decision

It is a statutory requirement that the Council adopts a Statement of Licensing Policy and review and publish that policy each five year period.

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Cabinet received a report which explained that the current ‘Statement of Licensing Policy’ was approved by Full Council on the 26th November 2015 and was effective from 7^th January 2016. Regulations required that the policy was reviewed every five years and a replacement for our current policy must be in place by the 7th January 2021. The policy had been drawn up in accordance with the Licensing Act 2003 and the current guidance issued under Section 182 of the Licensing Act 2003.

Under standing order 34 Councillor Joyce addressed the Cabinet, pleased that the worst gaming machines had been removed from use.  He expressed concern about the reliance on the police commenting on applications and being able to respond to complaints, he raised concern about corporate licenses.

The Chair reminded Cabinet that matters outside the local control were a consideration for the national policy, the local policies had to be within the current legislation.

Under standing order 34, Councillor Ryves drew attention to “raves” held under a Temporary Event Notice, where he was reminded that a specific licensing matter was for consideration by the Licensing Committee, not Cabinet.  Councillor Ryves then drew attention to the fact that only the police could be invited to comment on a TEN, and asked if others could be included within that.  The Senior Licensing Officer explained that it was only possible to include those contained within the legislation.

The Environment and Community Panel had supported the Policy. 

RECOMMENDED:     That the Council be invited to adopt the revised Statement of Licensing Policy in accordance with the requirements of the Licensing Act 2003.

Reason for Decision

It is a statutory requirement that the Council adopts a Statement of Licensing Policy and review and publish that policy each five year period.

RECOMMENDED:     That the proposed Recovery Action Plan attached to the report is adopted.

Reason for Decision

To facilitate the achievement of objectives outlined in the Council’s Covid-19 Recovery Strategy.   Also, to enable the prioritisation and resource allocation necessary to promote recovery from Covid-19, whilst also retaining the ability to react quickly to further peaks, local outbreaks or national initiatives relating to Covid-19.

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Geoff Hall Executive Director presented a report which explained that the Council adopted a Covid-19 Recovery Strategy for the Authority on 30.6.20.   The report detailed the actions that the Council was taking, together with partners where appropriate, to facilitate recovery from the Coronavirus Pandemic.   It included both internal actions for the Authority and those that are externally focussed upon the economy and community served by the Council.  It was explained that it was clearly a moveable feast with the current Covid restrictions and levels of infection, but this document set out a direction of travel to ensure the Council was in a position to react and to move towards recovery.

Attention was drawn to the work being carried out with partners such as the NCC, Public Health NHS and CCG.

Credit and thanks were given by Cabinet members to the large numbers of staff who had worked for the benefit of the community during the covid restrictions. 

RECOMMENDED:     That the proposed Recovery Action Plan attached to the report is adopted.

Reason for Decision

To facilitate the achievement of objectives outlined in the Council’s Covid-19 Recovery Strategy.   Also, to enable the prioritisation and resource allocation necessary to promote recovery from Covid-19, whilst also retaining the ability to react quickly to further peaks, local outbreaks or national initiatives relating to Covid-19.

RESOLVED:  1) That authority is given to the Assistant Director – Property and Projects to revise the lease arrangements, as outlined for the specific case detailed within the report.

2) To delegate authority to the Assistant Director – Property and Projects, in consultation with the Portfolio Holder for Business Development, and the Council’s Assistant Director – Resources, the ability to review individual lease arrangements for the commercial portfolio, on a case by case basis, as they arise in line with the parameters set out in the report.

Reason for Decision

To ensure adequate flexibility to protect the Council’s financial interests and work with local businesses during the current challenging economic climate.

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The Property Services Valuer presented a report which explained that the Borough Council managed a mixed portfolio of commercial premises that generated an income for the Council and provided business accommodation for small and medium sized businesses.

The report explained that the current Scheme of Delegation was relatively prescriptive and it was considered that, in the current economic climate due to the coronavirus pandemic, the Assistant Director – Property and Projects needed a greater degree of flexibility in managing the commercial portfolio.

Under standing order 34 Councillor Joyce confirmed that the Council as landlord had to be flexible and try to look to the future and he considered the approach was sound.

RESOLVED:  1) That authority is given to the Assistant Director – Property and Projects to revise the lease arrangements, as outlined for the specific case detailed within the report.

2) To delegate authority to the Assistant Director – Property and Projects, in consultation with the Portfolio Holder for Business Development, and the Council’s Assistant Director – Resources, the ability to review individual lease arrangements for the commercial portfolio, on a case by case basis, as they arise in line with the parameters set out in the report.

Reason for Decision

To ensure adequate flexibility to protect the Council’s financial interests and work with local businesses during the current challenging economic climate.

RESOLVED:            That authority be delegated to the Revenues and Benefits Manager, in consultation with the s151 Officer and Council Leader, to decide the discretionary criteria for government Covid-19 support schemes and discounts where they:

• Are part of a central government Covid-19 support initiative,
• Are funded by central government, and
• Will be administered by the Revenues and Benefits section

Reason for Decision

To ensure decisions on discretionary criteria for Covid-19 support schemes can be made in a fair and timely manner so grants and discounts can be awarded quickly to residents and businesses in financial need.

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The Revenues and Benefits Manager presented a report which explained that since March 2020 the government had announced a number of grant schemes and discounts to support businesses and residents during the Covid-19 pandemic.  These were usually based on a set of mandatory criteria specified by government, but often include a discretionary element where certain criteria can be decided locally. The report recommended delegating authority to decide these discretionary criteria to the Revenues and Benefits Manager, in consultation with the s151 Officer and Council Leader.

RESOLVED:            That authority be delegated to the Revenues and Benefits Manager, in consultation with the s151 Officer and Council Leader, to decide the discretionary criteria for government Covid-19 support schemes and discounts where they:

• Are part of a central government Covid-19 support initiative,
• Are funded by central government, and
• Will be administered by the Revenues and Benefits section

Reason for Decision

To ensure decisions on discretionary criteria for Covid-19 support schemes can be made in a fair and timely manner so grants and discounts can be awarded quickly to residents and businesses in financial need.

RECOMMENDED:  That the amended Scheme of Delegation be approved.

Reason for Decision

To ensure the scheme of delegation is in line with the portfolio areas of responsibility.

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The Democratic Services Manager presented the report which was brought following changes to the list of portfolio responsibilities, as amendments to the Scheme of Delegation were required so the two documents aligned.

Under standing order 34 Councillor Joyce raised a question on the Legal Services/Monitoring officer powers listed in the delegation and on the Emergency Powers section that the Chief Executive had allocated.  It was confirmed that it was not necessarily because the decision was urgent, but that it needed to be made and other circumstances do not permit it. 

RECOMMENDED:  That the amended Scheme of Delegation be approved.

Reason for Decision

To ensure the scheme of delegation is in line with the portfolio areas of responsibility.

The Cabinet is asked to consider excluding the public from the meeting under section 100A of the Local Government Act 1972 for consideration of the items below on the grounds that they involve the likely disclosure of exempt information as defined by paragraph 3 of Part 1 of Schedule 12A to the Act, and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

PRIVATE ITEM

Details of any representations received about why the following reports should be considered in public will be reported at the meeting.

RESOLVED: That under Section 100(A)(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 they involve the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the Act.

RESOLVED: That under Section 100(A)(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 they involve the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the Act.

RESOLVED:            1)         That the award of a new contract to the successful contractor from 1 April 2021 be approved.

2)            That delegated authority is provided to the Assistant Director of Community and Partnerships, in conjunction with the Portfolio Holder, to substitute the next ranked contractor if due diligence checks reveal any insurmountable problems with the preferred bidder.

Reason for Decision

To ensure that the Council complies with public procurement regulations and continues to provide a reliable service to the Council’s Careline clients.

The Careline Manager presented a report which explained that the current alarm monitoring contract expired on 31 March 2021.  A tender exercise had taken place under EU Procurement Regulations for a replacement contract that would run until 2025.  5 tender responses had been received by the deadline at 12.00noon on 14 October 2020.  These tenders were opened and recorded by the Council’s Legal department representative on the same day.  An evaluation had taken place and contractor interviews held.

The Corporate Performance Panel had supported the recommendations.

RESOLVED:            1)         That the award of a new contract to the successful contractor from 1 April 2021 be approved.

2)            That delegated authority is provided to the Assistant Director of Community and Partnerships, in conjunction with the Portfolio Holder, to substitute the next ranked contractor if due diligence checks reveal any insurmountable problems with the preferred bidder.

Reason for Decision

To ensure that the Council complies with public procurement regulations and continues to provide a reliable service to the Council’s Careline clients.

RESOLVED:            That the signing of framework agreements with the contractors be deferred pending the completion of the due diligence work being carried out, and a special Cabinet be held to consider the report once all the work is complete.

Reason for Decision

To ensure that the Council obtains best value for the grants that it administers for aids and adaptions work for elderly and vulnerable people and to ensure compliance with procurement regulations and to ensure all due diligence work is completed.

Cabinet considered a report on the tender process carried out to establish a framework agreement for aids and adaptions works managed by Care & Repair.   The majority of the works carried out under the proposed framework would be level access showers and external access ramps and hard-standings.  Most of these works were grant funded.

The Chair explained that as due diligence on some of the tenderers was still to be carried out he was proposing to defer a decision on this item, and that a special Cabinet would be called to take such a decision as soon as this work was complete.

The Corporate Performance Panel had supported the recommendations in the report.

RESOLVED:            That the signing of framework agreements with the contractors be deferred pending the completion of the due diligence work being carried out, and a special Cabinet be held to consider the report once all the work is complete.

Reason for Decision

To ensure that the Council obtains best value for the grants that it administers for aids and adaptions work for elderly and vulnerable people and to ensure compliance with procurement regulations and to ensure all due diligence work is completed.