Tag Archives: Cllr Dave Mitchell

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Sustainable Communities Overview and Scrutiny Committee (Wirral Council) 21st November 2012 Labour councillors ban filming (again)


Well, in what is becoming a rather predictable saga and in a repeat of what happened at the start of Pensions Committee on Tuesday evening, Labour councillors once again voted that filming be stopped of this public meeting of Wirral Council’s Sustainable Communities Overview and Scrutiny Committee on Wednesday evening.

The Conservative councillors (except for the Chair who abstained) and sole Liberal Democrat councillor voted against banning filming but were outnumbered by the Labour councillors.

When asked by Cllr Fraser what the reasons were for banning filming the proposer of the motion Labour councillor Jerry Williams responded as follows:-

“Well, we’ve had clear guidance on this issue, here we are, on the other hand ostentatiously filming and recording events from the gallery could be regarded as disorderly and disruptive or otherwise. It is secondly unsettling to point a camera at someone at issue, significantly Members would know as they were being filmed, we have no control over way the film is taken, edited or even produced. I think that’s quite clear.”

Cllr Dave Mitchell, Liberal Democrat spokesperson said, “I’m in no rush, but I want my say in the end. In relation to that particular note, the passages that you’ve read out, what was the final recommendation to Cabinet or to the Council when that was actually dealt with? I’m just reminded while you’re looking it up, if you look behind it your good selves you will see there are Cabinet here, and for eighteen months every Planning Committee was filmed by the local authority. Did I interrupt you guys? Again it goes back to the comments [Cllr] Leah [Fraser] made before, it was stopped for financial reasons. I don’t see anything wrong with it being filmed because I know I’ve got nothing to hide.”

There were many items on the agenda that I’m sure the Wirral public would’ve liked to see (and hear) their local councillors’ views on which included domestic homicides, pavement and grass verge parking, parks modernisation and the Arrowe Park hospital travel plan.

Ironically (and causing much laughter) in the first main item after filming was banned (an item on domestic homicides) the Labour councillor Mike Sullivan, who had earlier seconded the motion banning filming, spoke of his regret that it was “not on the record” followed up with the barbed insult of “people this side [Labour] know the rules, Members opposite don’t”.

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Licensing Act 2003 Committee (Wirral Council) 7th November 2012


Licensing Act 2003 Committee (Wirral Council) 7th November 2012

Present
Cllr Bill Davies (Chair), Labour
Cllr Rob Gregson (Labour)
Cllr John Salter (Labour)
Cllr Harry Smith (Labour)
Cllr Steve Niblock (Labour)
Cllr Denise Roberts (Labour)
Cllr Mike Hornby (Conservative)
Cllr Adam Sykes (Conservative)
Cllr Dave Mitchell (Liberal Democrat)

Council officers
Anne Beauchamp (Committee Officer)
Margaret O’Donnell (Licensing Manager)
Ken Abraham (Legal adviser)
Unknown officer (male)

In attendance
Cllr Geoffrey Watt

Press/public
John & Leonora Brace

The meeting started with Cllr Dave Mitchell (Lib Dem) giving apologies for Cllr Pat Williams (Lib Dem). The meeting was interrupted by the tune of an ice cream van, which the Chair, Cllr Bill Davies made a joke about, he went on to say that there were a number of meetings going on of different committees and that a number of councillors had sent their apologies. Apologies had been received from Cllrs McCubbin, Davies (George), Leech and Williams (Pat). He said he had a quick Any Other Business and asked if he could sign the minutes?

Agenda Item 1 Declarations of Interest 1:09 to 1:30
Cllr Niblock asked if he could declare a personal interest as a member of Merseyside Fire and Rescue Authority in item 3.
Cllr Denise Roberts also declared a personal interest as a member of Merseyside Fire and Rescue Authority in item 3.

Agenda Item 2 (Minutes) 1:30 to 1:50
The minutes of the meeting held on the 25th July 2012 were agreed.

Agenda Item 3. DRAFT STATEMENT OF PRINCIPLES UNDER THE GAMBLING ACT 2005 1:50 to 8:20

The Chair asked Margaret O’Donnell (Licensing Manager) to talk about this item. She said the Committee had agreed a draft statement in July which had gone out to consultation, which had closed on the 31st October [2012].

At this point a Council Officer arrived.

Margaret O’Donnell continued that they had received one response which was attached at appendix 3, there were no specific direct comments so no amendments had been made to the draft since July, she said the purpose of the evening was to seek approval, then it would go to full Council on 17th December [2012] and was to be revised no later than January 2013.

Cllr Niblock referred to page 15 3.3 in the reference to “Merseyside Fire and Rescue Service Authority” which should read Merseyside Fire and Rescue Authority. He pointed out a minor error where a full stop should be a comma and asked a question about page 31 about bingo being played in a member’s club.

Margaret was about to answer his points but Cllr Niblock went on to point out page 36, 21.2 apologising and saying he meant 27.3 and the phrase “will be decided on a case by case individual basis”, which he thought should either be case by case or individual.

Cllr Harry Smith agreed with him.

Cllr Niblock went on to point out that certain proper nouns such as Licensing Authority needed to be capitalised but were all in lower case.

Margaret O’Donnell said she would ask it to be looked at.

Cllr Harry Smith said, “Who are we going to shoot?”

Cllr Hornby asked a question about CRB checks and qualifications for door supervisors?

The Chair said that they used to interview door supervisors.

Margaret O’Donnell said that [door supervisors] were covered by the Security Industry Agency and they had to go through a process to be licensed.

Cllr John Salter asked if they had consulted the Chief of Police and if the Police had made comments?

Margaret O’Donnell confirmed the police had made no comments.

The Chair commented about training, the three meetings on tonight and that they were looking for alternative dates. As there were no further questions, the recommendation to the Council meeting of the 17th December of the Draft Statement of Gambling Principles was agreed.

4. ANY OTHER URGENT BUSINESS ACCEPTED BY THE CHAIR 8:20 to 24:04
Classification of unclassified film “Small Creatures” (Light Cinema, New Brighton)

The Chair said there was one item of Any Other Business which Margaret would explain.

Margaret thanked the Chair for allowing this item of Any Other Business. She said it was in respect of the classification of a film in accordance with guidance issued by the British Board of Film Classification, as they had a cinema in New Brighton called the Light Cinema which wanted to show an unclassified film. She said they were obliged to protect children from harm. She said she received an email on the 6th November from a gentleman who wanted to show it during anti-bullying week (the week starting the 19th November), she said it had been classified by Liverpool Licensing Authority, she said the film related to anti bullying, an individual called Martin Wallace wanted to show the film Small Creatures and had submitted a synopsis and was classified as a 15 by Liverpool City Council screening at FACT. She read out a synopsis about the film. She said there was discrimination of a homophobic nature, on-screen cannabis smoking, no horror in the film, reference to two instances of self-harm, but brief, it had strong occasional language, no nudity but occasional references to sex, crime and occasional violence (a school fight on a field) and a stabbing on camera.

Cllr Harry Smith asked if there was a moral ending?

Margaret O’Donnell said the film was about 89 minutes long.

Cllr Harry Smith referred to possible abuse.

Margaret O’Donnell suggested it could be delegated to a subcommittee, who would then have the chance to view the film.

Cllr Harry Smith asked again if there was a moral ending?

Margaret said that the 14-year-old boy ignored the advice of his teachers and gets involved in knife crime, there’s then a stabbing.

Cllr Harry Smith said he was “disappointed with the ending of the film”.

Margaret said the key thing was the classification and if people should be permitted to go see it.

Cllr Niblock asked if Liverpool City Council had just classified it based on a synopsis, as what it looked like might not be like what’s written on paper. Margaret O’Donnell responded. She said they hadn’t been able to establish how Liverpool City Council had come to its decision.

Cllr Sykes referred to the guidance, Margaret O’Donnell responded by reading out what the British Board of Film Classification see as a 15 classification, during this Cllr Andrew Hodson arrived at 5:47pm for the 6pm meeting. Another councillor arrived at 5:48pm for the 6pm meeting.

Cllr Sykes asked if it would be shown as part of anti-bullying week? Margaret nodded.

Cllr Gregson made some comments.
Cllr Salter wanted something written down.
Cllr Gregson asked about the Liverpool decision.
Margaret O’Donnell said she was seeking the “general view of the Committee” and that she was more than satisfied to report back. She said the email had put them in a difficult position, if it hadn’t been for the meeting she’d have suggested setting up a subcommittee, which would depend on the availability of councillors, she said she would report back the comments made this evening and it was a matter for the applicant if they wanted to pursue it further.

Cllr Hornby said it depended on how the film was directed, which can be misunderstood. He said, “I don’t like the idea of we giving carte blanche to something because someone else across the river said, “It’s OK.”" Cllr Hornby said it was his view it had to be done through a subcommittee.

Cllr Harry Smith said he was really worried there was no moralising end to it and referred to what happened to the baddies at the end of Grange Hill.

Cllr Hornby referred to direction.

Cllr Mitchell agreed that it should be delegated to a subcommittee, who would get the information prior to the meeting, she said it’s to coincide with anti bullying week.

Cllr Roberts asked if the Liverpool councillors seen the film? She said it was no worse than books for teenagers.

The Chair said at his discretion a member of the public has indicated they wish to say something and that he will allow it.

Declaration of interest: The member of the public is my wife and writes and edits for this blog.

Mrs. Brace thanked the Chair for letting her speak. She said that similar types of films had been banned, but if it did go ahead she thought that only people aged over 18 should go and watch it.

The Chair thanked Mrs. Brace for her comments.

Shirley Hudspeth arrived.

The Chair said he thought a decision had been made and it would go to a subcommittee. It was agreed to delegate the decision to a subcommittee.

Shirley Hudspeth arrived.

The Chair closed the meeting and said that the Licensing, Health & Safety and General Purposes Committee would start in five minutes.

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Bromborough and Eastham Area Forum 2nd October 2012


Present

Cllr Steve Niblock (Chair)
Cllr Joe Walsh
Cllr Phil Gilchrist
Cllr Tom Harney
Cllr Dave Mitchell

Brian Christian (Older Peoples Parliament)
Steve Preston (Community Safety)
Louise Harland-Davies (Community Engagement co-ordinator)
Phil Miner (Streetscene Manager)
Mark Craig (Community Representative)
Paul Murphy (Merseyside Fire and Rescue Service)
Merseyside Police: Police Sergeant and Police Community Support Officer
Lead Officer Kevin McCallum (Press and Public Relations)
Plus ~seven members of the public.

Cllr Steve Niblock opened the meeting by welcoming everybody to the Bromborough and Eastham Area Forum. He gave apologies for Cllr Irene Williams and Marjorie Hall and thanked Mark Craig and Marjorie who would continue to be community representatives.

Louise Harland-Davies said the minutes of the last meeting were on the seats, under matters arising, she said she understood that antisocial behaviour at the local skateboard park had been set as a local policing priority, so it had received extra attention from police and youth services, with a number of incidents dealt with through Community Patrol.

Steve Preston said there had been five reports since the last Area Forum, three were about noise, two were about youths with one of the reports of noise being at 11 pm and one of the others at around 4 pm. He said they had made some improvements which he believed were beneficial to children and residents as the last report was in August, he hoped the problems had decreased because of the soundproofing.

The police said they had only had two reports in September of noise.

Louise Hartland-Davies gave an update on 20 mph zones and said there had been a spending freeze on non-critical areas. She referred to Laura Quigley who had been from the GP Commissioning Consortium and a response that Cllr Gilchrist had received direct from Laura. Louise Hartland-Davies said there was a minor injuries service at Parkfield and referred to a visit by Cllr Walsh to Bromborough Recreation Bowling Club, who had put a bid in for Area Forum funding.

Cllr Niblock said he was aware Tony had got to go early.

Tony said that on behalf of Wirral Festival of Music, Speech and Drama and Bromborough Recreation Bowling Club that he wanted to say thank you for money previously received. He mentioned the visit of Cllr Walsh, when the sun shone and there was no rain, however he described the problems in the rain of no shelter which is why they had approached the Area Forum and thanked Community Engagement Officer Louise Hartland-Davies for her assistance with their applications. To his chagrin Louise Hartland-Davies in 48 hours had cut through red tape and they had an approach by phone compared to four years of him trying and he thanked Louise.

Louise Hartland-Davies said there had been changes to parking, which had resulted in more spaces, however there had been questions about the number of disabled bays, traffic management had developed an alternative draft layout and the funding could happen but for the spending freeze.

Cllr Niblock said that unless there were other matters arising it was agreed. He said he would deviate from the agenda and ask Kevin McCallum to talk about the spending freeze.

Kevin McCallum said Wirral Council was now in a spending freeze on all non-essential expenditure based on a report by the Interim Director of Finance in September, he said the funding supposed to be distributed by the Area Forum was caught up in the spending freeze and was frozen until further notice, he had been told that it looked like November before they would know what might happen, but the decision was out of our [officer's?] hands. He was happy to take questions.

Mark Craig said they knew Neighbourhood Funding might be reduced but why were monies unspent last year not carried over?
Kevin McCallum said it was more or less the same in every Area Forum, what had happened was there was a spending freeze and they were working through the implications. He said councillors on the Area Forum had raised that point.

Cllr Gilchrist said he had emailed Mr. Timmins, who had £42,000, but Mr. Timmins was trying to be prudent and careful by trying to keep the money aside, the difficulty was a recorded fact which had passed into the great machinery.

Kevin McCallum responded to Cllr Gilchrist’s point.

Louise Hartland-Davies said there was a consultation on the budget called “What Really Matters”, which comprised of a questionnaire. She said that it was not just Wirral Council that was affected, they were trying to engage many of the residents who live on Wirral to gather their feelings and opinions, their team had been out and about in the community. She said that there were four themes & nine questions, which asked for people’s thoughts about reducing or stopping services, along with boxes to write thoughts and comments. She asked for contact details if anybody wanted them to visit community groups and that every day there was a schedule of events, with a few groupies following them around, so if they were not where they were supposed to be people were aware.

A member of the public asked how long the consultation was?

Louise Hartland-Davies answered the 19th October [2012].

Brian Christian (Older Peoples Parliament) asked if when completed, would the results be audited,  shown and analysed by a small team of people?
The answer given was that they had a team of people doing this and that the raw data would be published. They had also asked the Market Research Society to double-check the questionnaire.

Cllr Harney said that although as a councillor he had plenty of opportunity to ask questions, there was an implication in how some of the questions were phrased. He said the evidence, especially when looking at the research into children showed that there were better results when one person was involved rather than many. He said it was his feeling it was not about spending more money, but about spending money properly and efficiently rather than destroying the futures of the vulnerable, but that it was not just about adults and social services.

A member of the public asked if there had been an indication if any of the Budget was ring-fenced, for example education and social care had previously been ring-fenced?

Kev McCallum said the Schools Budget was ring- fenced.

The member of the public asked him to explain.

Kevin McCallum said that it was a very difficult concept as there were additional bits of funding, but the world had changed.

I asked wasn’t this partly because Wirral Council lost out on £1.6 million of education funding this year because Wirral Council gave the wrong numbers for Early Years learners to the Department for Education?

Kevin McCallum (Press and Public Relations) said he didn’t know.

Arthur asked if they were looking at best practice in other Councils?

Kevin McCallum said that they should do that, but they don’t do enough of it.

Cllr Niblock said if there was nothing more, they would have the presentation.

The softly spoken Michelle Davis from the Department of Finance was asked by a number of members of the public to speak louder.

She told those present of the consultation on Council Tax Benefit changes, as Council Tax Benefit was to be abolished from the 1st April 2013, with the reasons for the changes being the Localism Bill and Welfare Reform Act 2012. She said that central government was cutting their benefit grant by £3.2 million, but as part of the scheme they had to protect pensioners, vulnerable people, people of working age with a disability, households with a disabled child or in receipt of a war pension. She said that working age people would either be paying Council Tax for the first time or paying more Council Tax. Michelle Davis said they would be mirroring the scheme they had currently, but there would be a change to the non-dependant charge and they planned to abolish a rebate, stop it for households that had over £6,000 in savings and stop backdated claims. She said if they didn’t develop their own scheme then one would be imposed upon them, they were legally required to consult residents, which they were doing from the 3rd September 2012 to the 31st October 2012. People could call the telephone centre, go to One Stop Shops, go into their nearest library, or go on the website. There were surveys available for people tonight, that they could take to a One Stop Shop or library. Michelle Davis said that once the consultation finished, there would be a report to councillors, who would be able to make adjustments, but it had to be finalised by the 31st January 2013. She told people that the proposed regulations had not gone through Parliament yet, but they still had to propose, design and implement a scheme.

A member of the public asked her to go through the list of people again.

She said pensioners in reply.

A member of the public asked about the leaflet.

She said that the proposed design of the scheme was in the leaflet and that they had to protect vulnerable people.

Brian Christian (Older Peoples Parliament) asked if they had consulted Age UK [formerly Age Concern]?

The officer said they had written to Age UK, who had responded.

Steve Preston (Community Safety) said would this include the single person discount?

Michelle Davis responded that the single person discount was not changing, this was a consultation on the benefit side [of Council Tax].

I asked how many responses had been received so far and was told they had received nearly four hundred responses. She said they planned an article in the Wirral Globe.

A member of the public asked if it would be in the Wirral News too as they don’t get the Wirral Globe?

The officer said it was only going to be the Wirral Globe.

Cllr Mitchell said he gets the Wirral Globe, but not the Wirral News.

Cllr Niblock thanked Michelle Davis and went to partner updates.

The police sergeant said that reported crime had fallen and on antisocial behaviour calls, the Archer Green Project had helped. He was pleased that hopefully it had been sorted, but they would still get problems in the open space, which was a congregating area for young people. He thanked Wirral Council. In early July over a two-week period they had received reports involving back to back garages which weren’t used on a regular basis. Although the reports came in over months, they’d released it was a one-off incident and “nothing major”.

A member of the public referred to banners outside a school saying that parking on zigzag lines was selfish and dangerous, she asked if it was an offence not only on zigzags but opposite zigzags?

The police sergeant said his colleague had more traffic experience.

The Police Community Support Officer answered that it was only enforceable if on the zigzag, unless they were blocking the driveway it was not an offence.

Paul Murphy gave an update on Merseyside Fire and Rescue Service and said their target for Wirral was 13,000 Home Fire Safety Checks, to date Bromborough had had 771 free Home Fire Safety Checks, which had been free of charge. He said that there were very low numbers that hadn’t been visited, but they were prioritising high risk people, but how sustainable it was over the longer term he didn’t know. In December he said the Chair on the Merseyside Fire Authority would make budget announcements. He expected an similar cut or an even larger cut compared to last year’s £9.2 million. Working with Wirral Council they were targeting their resources and he reported a reduction in deliberate secondary fires, mostly down to the poor weather and interventions with young people.

Paul Murphy continued by talking about their bonfire plan, how private firms were on board with rubbish removal, the community safety partnership and how they would be working with Wirral Council to prevent bonfire material building up. He said it was a very safe forum area, with two accidental dwelling fires over the past three months and a reduction in deliberate secondary fires to about twenty-eight. On road traffic collisions, they had attended three in the past three months, with the ones the Fire Service attended involving people who needed to be removed from cars.

George Thomas said he had asked a question at the last Area Forum he couldn’t answer, but since then he had made a Freedom of Information Act request about the money generated as income through groups using Wirral’s fire stations. He said it had been £25,000 over two years and £15,000 last year. George Thomas said that it was unfair that they could use the premises with not paying rent or utility bills.

Cllr Niblock said it was easier if he answered, he said in November [2012] they would know how bad the cuts would be, but nothing would be debated until they knew the figure, the Metropolitan Authorities were getting the highest cuts, whereas Cheshire had a three percent increase. He said the cuts were back loaded which could be even more horrendous, but that community groups could [currently] use the stations free of charge.

George Thomas responded.

Cllr Niblock said he can’t preempt the decision and the budget [for 2013/2014] would be set in February [2013] which may result in the closure of fire stations.

A member of the public asked what the number was to ring for reporting rubbish?

Paul Murphy replied that it was also the number for Home Fire Safety Checks if they know somebody vulnerable and was 0800 731 5958. He said people could call about the rubbish removal from the 22nd October and they would be working with their Council partners.

Jim Thompson said that Wirral was a safe place and antisocial behaviour was falling and that Cllr Harney had pointed out that the community safety team was a joint agency, the One Stop Shop for community safety, on burglaries there were less than a thousand across the Borough, but they were planning ahead for Bonfire Night.

A member of the public said Bonfire Night had been much quieter last year.

Community Safety answered that 65 tons of rubbish had been removed.

Brian Christian (Older Peoples Parliament) said he didn’t want to rub salt in the wound, but they had applied to the Area Forums to two part-time outreach workers and that it was a shame it hadn’t happened, he said it was more important now but that if the Council wouldn’t listen to a single voice, they would listen to over two thousand people. He referred to an event in February 2013 about safeguarding across all ages, which would involve plays through the schools and that it wasn’t just about elderly people living on their own.

Cllr Niblock asked if there were any questions?

Someone said they worked in the leisure services and in the 1980s there had been the same problem, so they had put the prices up at Christmas, so they would get three months of income before the end of the financial year.

Cllr Niblock asked Arthur if he would care to suggest it on the form?

He said he had sent the form in, but it was only a thought.

Cllr Niblock said the date of the next Forum would be Wednesday 6th February 2013 and people would be notified of the venue. He thanked people for their attendance.

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Investigation and Disciplinary Committee | 20th August 2012 | Item 1 – Appointment of Chair | Item 2 – Declarations of Interest | Item 3 – Exempt Information – Exclusion of the Press and Public | Agenda Item 4 – Update in Relation to the Suspension of Council Officers


Investigation and Disciplinary Committee
Date: 20th August 2012
Time: 4.00pm

Committee Room 2

Investigation and Disciplinary Committee minutes (20th August 2012) (approved 21st September 2012)
Investigation and Disciplinary Committee (20/8/2012) Agenda

Present

Councillors (7/7)
Cllr Dave Mitchell Liberal Democrat
Cllr Adrian Jones Labour
Cllr Lesley Rennie Conservative
Cllr Mike Hornby Conservative
Cllr Ann McLachlan Labour
Cllr Brian Kenny Labour
Cllr Anne McArdle Labour

Wirral Council Officers
Shirley Hudspeth (Committee Services Officer)
Chris Hyams, Human Resources (Head)
Tony Williams, Human Resources (Acting Employee Relations Manager)
Surjit Tour, Acting Head of Law, Human Resources and Asset Management
David Armstrong
Unknown female
Unknown male

Also
Items 1-3 Two members of the press/public

The agenda for this meeting can be found here.

Agenda Item 1 – Appointment of Chair

Cllr Brian Kenny and Cllr Adrian Jones proposed Cllr Ann McLachlan as Chair.
There were no other nominations so Cllr McLachlan was made Chair.

Cllr Dave Mitchell proposed Cllr Adrian Jones as Vice-Chair, however it wasn’t seconded. There was a second valid nomination as Vice-Chair so Cllr Brian Kenny was made Vice-Chair.

Agenda Item 2 – Members’ Code of Conduct – Declarations of Interest
Councillors present made no declarations of interest.

Agenda Item 3 – Exempt Information – Exclusion of the Press and Public

The Chair suggested that the public and press were excluded from the rest of the meeting for agenda item 4 (Update in Relation to the Suspension of Council Officers) (reason given – Information relating to any individual and agenda item 5 (Any Other Urgent Business Approved by the Chair) (although there was no AOB).

Agenda Item 4 – Update in Relation to the Suspension of Council Officers

The Investigation and Disciplinary Committee received an update in a 16-page preliminary investigation report about the matters that led to the suspensions of Bill Norman, Ian Coleman and David Taylor-Smith (but also relate in part to the earlier suspension of David Green).

It related in part to:-

1) This public interest report published by the Audit Commission on 8th June 2012 entitled Highways and engineering services contract award and management.

2) The Council’s policies on senior officers declaring interests and whether these had been followed.

3) Various other matters relating to the above four suspended individuals.

The following resolution was then agreed,

“(1) the progress being made in respect of the preliminary investigation be noted; and

(2) the way forward in relation to the three Statutory Officers, as outlined in paragraph 5.6 of the report, be agreed.”

Agenda Item 5 Any Other Business 
It has been confirmed by Wirral Council that there were no items of Any Other Business agreed by the Chair tabled at the meeting.

Investigation and Disciplinary Committee (Wirral Council) Photo 1

Left (L to R): Unknown officer (male), Shirley Hudspeth (officer)

Right (Left to Right)
Cllr Dave Mitchell (Lab)
Cllr Adrian Jones (Lab)
Cllr Brian Kenny (Lab)
Cllr Ann McLachlan (Lab)
Cllr Mike Hornby (Con)
Investigation and Disciplinary Committee (Wirral Council) Photo 2

Left: Shirley Hudspeth

Right Foreground
L to R Cllr Mike Hornby (Con), Cllr Lesley Rennie (Con)

Right Background
Cllr Dave Mitchell (Lib Dem), Cllr Adrian Jones (Labour)
Investigation and Disciplinary Committee (Wirral Council) Photo 3

Background: Shirley Hudspeth

Foreground: Left to Right
Tony Williams (Officer), HR
Unknown Officer? (female)
Chris Hyams (Officer), HR
Unknown Officer? (male)

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Cabinet Wirral Council 15/3/2012 Parts 1 to 7 (15th March 2012)





Video of Wirral Council’s Cabinet meeting from 15th March 2012, here is a playlist with all seven parts, apart from the odd few seconds in between. Can anyone tell me how to embed a playlist into a WordPress post? Thankfully the battery lasted, so did the tape. Will do write-up and more subtitles later when I’ve had more sleep.

Mainly audio only as there’s no way to film video and write subtitles without a tripod (I only have a pair of hands!), so apologies for the “scribbling noise”! I might get a tripod in the next few weeks soon, if more people start watching this videos, or leave nice comments. One retweet of part 4 already, which is pleasing.

Any tips on Youtube please feel free to leave advice in the comments (whether on Youtube or here).

Here are links you might need to understand it:-

Agenda

Agenda reports

Supplementary Agenda reports (item 27)

Meeting page on Wirral Council’s website

Part 1

Part 2

Part 3

Part 4

Part 5

Part 6

Part 7

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Planning Committee (Wirral Council) 3rd January 2011 Part 2 APP/11/00954 – 6 MILLBROOK ROAD, POULTON, CH41 1FL – Change of use from industrial unit to auctioneers – sui generis


The Chair directed those present to page 27 and agenda item 6 (APP/11/00954), 6 Millbrook Road, Poulton, CH41 1FL, Change of use from industrial unit to auctioneers.

Matthew said it was for a change of use to an auctioneers which was the sui generis class. It was in a mainly industrial area on an industrial estate, the Unitary Development Plan allowed uses B1, B2 and B8 here so it was not an acceptable use as they should locate somewhere easy and sustainable. There was a shortage of land for industrial purposes. One auction was held a week on Wednesday evening. It was not conflicting with adjacent businesses, but was still not an acceptable use. There was insufficient information to justify the loss on two grounds, Unitary Development Plan EM8 and the fact it was not sustainable.

Cllr John Salter said he would declare a personal interest as he had had a chat with the owner and a discreet visit to the premises. He said the business needed a large premises and the business had been established for eight years. There was no parking problem and no problem on the one day they had sales. He wanted to draw attention to the fact that 75% of the trade at the public auction was to other businesses, local traders such as second hand shops and it was not mainly for the public.

On the subject of public transport he disagreed with officers as about hundred metres away was Birkenhead Park railway station which he had walked many times. He wanted to overturn officer’s recommendation that it was up for refusal and asked for it to be approved, he did have a form of words.

The Chair said he wanted everybody to have their say, his only concerns was supporting the Unitary Development Plan except for good reasons especially in Bromborough and Ellesmere Port.

Cllr Dave Mitchell asked whether the applicant had been in touch with the Economy & Regeneration Department over moving to more acceptable premises. He commented that the business had been running for eighteen months and said it might benefit from having a look at venues available.

The Chair asked officers if they’d like to come back on alternative venues?

Matthew said that there were vacant sites in the Town Centre, but they hadn’t pushed the applicant to go through hte process. He said it was difficult to make the case.

Cllr Stuart Kelly said it was interesting as it was a sui generis class and in Latin. He had googled it and hadn’t come across auctioneer in government advice. He said that Matthew’s advice was surrounding a change of use. He asked what assessment had been done to see if it didn’t fall into the acceptable B1, B2 or B8 categories? He said there was no mention in the Unitary Development Plan and there was an absence of advice. He had resorted to Google to see what was out there and what it really is? He said it cut across B1, B2 and B7 and referred to Cllr John Salter’s comments about the auction being once a week. The rest of the time it was storage and distribution (class B8) which they didn’t appear to have a policy for the B-class and sui generis. He asked where would they be on appeal as it was near B8 and was 50/50. The report established the numbers of cars used and that B1/B2/B8 uses which was close enough to make no difference, unless the officers came up with a good argument to the contrary.

The Chair thanked Cllr Kelly for his interesting points.

Matthew said the element of concern was the public sales as a proportion were to the general public. People movements were not supposed to happen here but to the Town Centre where there was public transport provision. He agreed that some of the use was storage and distribution (B8 class), but the sales to the general public were moving it to an A1 use. There was some case law categorising it as A1 use. However the balance of case law was that each sui generis class should be decided on its own merits. The sole issue was sales to the general public.

Cllr Brian Kenny said he would not be happy to support an application not in accordance with the planning policies, but as detailed in the application it had been running for ten years and this was a retrospective application. There were no highway issues, no health and safety implications, no environmental implications which made it difficult to oppose. In principle he was not happy in opposing the Unitary Development Plan. He asked what words they would use to support it. He reserved the right to decide.

The Chair said there would have to be an urgent reason to outweight the Unitary Development Plan.

Cllr John Salter said that 75% of the business was wholesale, there were similar business in the area such as Moreton Alarms who did lighting and were no different (in selling to members of the public). Cllr Dave Mitchell asked if Moreton Alarms were on the main road as it made a difference? Cllr Mitchell apologised for interrupting Cllr John Salter. Cllr John Salter said he wanted to move it and he’d passed a form of words to Matthew, with alterations on hours. He said it was very accessible, well established for eight years and to move elsewhere he would lose clientele.

The Chair asked if there was something to move? He said each application should be considered on its merits especially the sui generis class.

Cllr John Salter said it was a sustainable business with 78% of its trade being not to the public, but to wholesale. He added a condition that the total number of auctions not exceed one a week. These would happen on a Wednesday from 1700 to 2100 and at no other time. This would not compromise the operation regarding industrial uses in the area. He referred to policy EM6 of the Unitary Development Plan and said that public access would be limited.

The Chair said that the proposal had been proposed and seconded and that it was a unique application and the circumstances had been demonstrated.

The first vote was on approving the application.

For: Cllrs Elderton, Clements, Boult, Johnson, Kenny, Salter, Realey, Mooney, Walsh, Kelly (10)
Against: Cllr Dave Mitchell (1)
Absentions: None (0)

Application APP/11/00954 was approved (10:1:0)

The Chair said they now needed to consider the conditions which he asked an officer to reiterate.

Matthew said they had one condition which was that the total number of auctions not exceed one a week and that this sole auction was restricted to Wednesday between 5pm and 9pm.

The second vote was on the condition.

For: Cllrs Elderton, Clements, Boult, Johnson, Kenny, Salter, Realey, Mooney, Walsh, Kelly (10)
Against: Cllr Dave Mitchell (1)
Abstentions: None (0)

The condition was approved (10:1:0). Two members of the public left.

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Standards Committee 29/9/2011 Part 14 Urgent Business – Correspondence Received by the Chair


Continued from Standards Committee 29/9/2011 Part 13

Cllr Chris Blakeley said it “needs more than five minutes to understand the ramifications” and asked when the next meeting was.
The answer given by Mrs. Shirley Hudsepth was the 30th November [2011].

Cllr Les Rowlands said there were no time issues.
Cllr Chris Blakeley said this needed to be conveyed to Mr. Morton.
Cllr Dave Mitchell said it was not fair on councillors.

Surjit Tour said the process was explained in the middle of August. However the letter had been delivered on the eve of the committee. The process had been communicated to individuals in the middle of August. There had been delay, Standards for England had decided in the middle of August (17th August).

Cllr Chris Blakeley said he was happy to consider it if he had the time to read it and digest it and give him justice.

The Chair Brian Cummings asked if everyone wanted a copy?

Surjit Tour said they should consider whether to make it exempt or not.

RESOLVED:  That Mr Morton’s correspondence be considered at the next meeting of the Committee scheduled for 30 November 2011 and he be informed of this decision.

The meeting finished.

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Standards Committee 29/9/2011 Part 13


The Chair, Brian Cummings said he wanted to consider an urgent request in respect of whistleblowing from Mr. Martin Morton.

Cllr Pat Williams declared a prejudicial interest in this matter as Mr. Martin Morton had made a complaint about her.
Cllr Denise Roberts declared a prejudicial interest in this matter as Mr. Martin Morton had made a complaint about her.
Cllr John Salter declared a prejudicial interest by virtue of being on the Initial Assessment Panel.

Cllr Gerry Ellis asked Surjit Tour a question which was answered.

Cllr Pat Williams, Cllr Denise Roberts and Cllr John Salter having declared a prejudicial interest in this matter left the room.

Cllr Dave Mitchell asked for clarification as he had been involved in a call-in.

Surjit Tour said there were no further conflicts of interest.

The Chair, Brian Cummings said something about it being “before his time”.

Surjit Tour said the letter regarding the standards matter and whether it should be urgent business had only been sent to the Chair [Brian Cummings]. There were issues involved. He suggested they consider representations this evening and make a decision. Surjit Tour said the complaint had been addressed and gone through true process. The level of detail, would require sufficient time for representations however there was not time limitation and would be more appropriate by the next meeting when the full range of issues could be discussed.

Deputy Mayor Cllr Gerry Ellis asked if it was the same letter from a West Kirby resident?
Cllr Les Rowlands said in his opinion it should be on the next committee’s agenda, it was not right to digest it all and make decisions.

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Standards Committee 29/9/2011 Part 12


Cllr Pat Williams asked about the two instances of 125 days and 95 days were there any more?

Malcolm Flanagan said he didn’t have the details. He pointed out that how long complaints took was measured differently internally to how the Local Government Ombudsman measured them.

Cllr Pat Williams said the spokespersons should be made aware and it was important to aid understanding.

Cllr Les Rowlands said it was an excellent report and improvement. He was worried about two areas, Children and Young People and the Department of Adult Social Services. Historically they had taken a long, long time and they should work over why when they receive complaints why this should be? In return it gave them an opportunity to improve.

Malcolm Flanagan said he thought that would fall to the individual scrutiny committees.

Cllr Les Rowlands said it should be recommended to the scrutiny committees.

Cllr Dave Mitchell said he gave his congratulations to staff. On the two points about length of time, one of these complaints had been back and forth five times. He said the chronology would be easier to understand for an Overview and Scrutiny Committee. He asked why they take so long? He said it was an excellent report and that he recognised the improvements made.

The Chair, Brian Cummings pointed to the recommendation for noting.
Cllr Dave Mitchell congratulated the staff.
The Chair, Brian Cummings agreed.

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Standards Committee 29/9/2011 Part 10


Cllr John Salter said he would disagree for the first time [with the Deputy Mayor Cllr Gerry Ellis], he called regularly and calls were answered within three to four seconds. He though they were always excellent, but his local library was a bit untidy.

Cllr Dave Mitchell said that his local library was brilliant.
Cllr John Salter said he had a passport.
Cllr Bob Wilkins asked a question about mystery shoppers.
Malcolm Flanagan said their queries could not be person specific and they couldn’t make up a hole in the road. They were testing to see if they knew the information or were looking at the information. The mystery shoppers had the information in front of them.
Cllr Chris Blakeley said he agreed with [Cllr] John [Salter] and [Deputy Mayor Cllr] Gerry [Ellis] that it was a mixed bag. Streetscene three weeks ago had answered within three minutes. He said he thought it was a good service 90% of the time and bad service 10% of the time.
Stella Elliott asked about accessibility about disability, how was this evidenced?
Malcolm Flanagan said there was a minimum standard but it keeps being raised. They figured out which was worst and spoke to Asset Management. The One Stop Shops and libraries in some cases required minor adjustments. However the age of the buildings was a problem. He said all were at a minimum standard.
Cllr Pat Williams said it would be good to have more information.
The Chair Brian Cummings said the report was noted.