The next item on the agenda was the gifts and hospitality policy, Peter Wallach spent five minutes summarising the report. At the end the Chair asked if there were any questions. Nobody asked any questions and the recommendations were agreed.
The next report was an update on work on the Cunard Building. Cllr Hornby wanted a working party set up and for the committee to agree to a working party being created. Cllr Harry Smith said he would second it if Cllr Hornby added if needed. Cllr Adrian Jones said it was sensible and he would go along with it. Cllr Harry Smith said he would support a working party if needed. Cllr Hornby said that he was trying to save time and not wait till next year. Cllr Harry Smith said he wouldn’t name the officer, but the unnamed officer had said that they would make a decision, he said he was not happy with officers making decisions before councillors. The Chair asked for a vote. All voted in favour of a working party.
Peter Wallach said a report was expected at the end of the month, the next committee meeting was in January so there would be a working party by Christmas.
The next report was on the LGC Investment Conference. The officer said it was in the supplementary papers as it had a title similar to a previous agenda item which had been incorrectly duplicated. The investment conference in Chester was seen as an important element of their training and costs would be met from the training budget.
Cllr Harry Smith said he had discussed this at the briefing, he said this training opportunity should be open to members of the Pension Committee. The Chair agreed that training was important. There was a vote and it was agreed that people would be sent at a cost of £425 + VAT (which included a nights accommodation in Cheshire) + travel.
The application from Mellors Catering Services Ltd which had been agreed under delegated decision-making by officers was agreed.
The Chair asked if there were any objections to the Investment Working Party minutes. No objections were made. The press and public were excluded from the rest of the meeting.
A report of the Licensing Act 2003 Committee of Wirral Council of the 7th November 2012, Interest Declarations, Minutes (25th July 2012), Result of consultation on draft statememt of principles (Gambling Act 2005), classification of Small Creatures (Light Cinema, New Brighton)
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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 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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Present
Cllr Phil Davies (Chair)
Cllr Adrian Jones
Cllr Harry Smith
Cllr Tony Smith
Cllr Ann McLachlan
Cllr George Davies
Cllr Brian Kenny
Cllr Pat Hackett
Cllr Chris Meaden
Part 1 of 2
Welcome | 00:01 to 00:39
1) Declarations of Interest | 00:39 to 01:46
Cllr Phil Davies Item 14 (School Funding Formula) Wirral Metropolitan College Governor
Cllr Phil Davies Item 14 (School Funding Formula) Gillbrook Primary School Governor
Cllr Phil Davies Item 14 (School Funding Formula) Woodlands Primary School Governor
Cllr George Davies Item 14 (School Funding Formula) Bidston Avenue Primary School Governor
Cllr George Davies Item 14 (School Funding Formula) St Anselms School Governor
Cllr Adrian Jones Item 14 (School Funding Formula) Oldershaw School Governor
Cllr Brian Kenny Item 14 (School Funding Formula) Mersey Park Primary School Governor
Cllr Brian Kenny Item 14 (School Funding Formula) St Werburghs RC Primary School Governor
Cllr Ann McLachlan Item 14 (School Funding Formula) Wirral Metropolitan College Governor
Cllr Ann McLachlan Item 14 (School Funding Formula) Priory Primary School Governor
Cllr Chris Meaden Item 14 (School Funding Formula) Bedford Drive School Governor
Cllr Pat Hackett Item 14 (School Funding Formula)
Cllr Brian Kenny Item 14 (School Funding Formula)
Cllr Harry Smith Item 15 (Fees for residential and nursing homes) by virtue of his brother-in-law
The Chair (Cllr Phil Davies) asked Graham Hodkinson, Director of Adult Social Services to introduce the report. Graham Hodkinson introduced the report and mentioned the current oversupply of two hundred beds across the 111 care homes.
The Chair (Cllr Phil Davies) gave apologies for the absent Cabinet Member for Public Health and Social Care, Cllr Anne McArdle who was “poorly”. He said she had read the report and had a “keen interest in it”. He said that they would consult on option 2, with a further report on the 29th November 2012. He said that Cabinet Members had received a communication from WCA Limited about their feelings on the work so far. The recommendations at 14 were agreed which were as follows:
14.1 It is recommended that:
i) the fee framework reflecting actual cost as set out in Option 2, is presented to providers for consultation with a further report presented to Cabinet on 29 November taking account of the views of providers prior to final agreement and implementation.
ii) all old contracts based on 2010/2011 to be terminated by giving the required 3 months written termination notice and that all payments following this period are made at the fee level set for 2012/2013.
iii) the Council only contract for residential and nursing care using the current contract.
iv) once residential and nursing rates are agreed it is proposed that further work will be undertaken to establish variations to the model for specialist providers.
v) the revised fees are back dated to 9 April 2012 and that financial contingencies are explored to allow this to be achieved within the Council’s budget; as a consequence of this work it is proposed to build the agreed fee levels into the budget 2013/2014.
The Cabinet (after meeting for just under fifteen minutes) adjourned to allow members of the public who were there for agenda item 15 to leave the room.
ADJOURNMENT
When the adjournment finished, the Cabinet meeting resumed.
David Armstrong spoke on the Annual Governance Statement. Cllr Phil Davies spoke about the Annual Governance Statement. The recommendation at 12.1 was agreed.
That the revised Annual Governance Statement for 2011/12 be agreed.
David Armstrong spoke on the Statement of Accounts 2011/2012 and referred to the “one small variation”. Cllr Phil Davies said it had been discussed in previous meetings. The recommendation (below) was agreed.
That Cabinet agrees the Statement of Accounts for 2011/12 and the Annual Governance Report.
David Armstrong said that the Annual Governance Report had already been to the Audit and Risk Management Committee. He referred to the public interest report. Cllr Phil Davies asked Cllr Ann McLachlan to make some comments. Cllr Ann McLachlan referred to the Improvement Plan. Cllr Phil Davies asked if it was agreed. It was agreed.
David Armstrong referred to the “unqualified opinion” on the 2011/2012 Statement of Accounts for the Merseyside Pension Fund. Cllr Phil Davies said this was “excellent” and the recommendation (below) at 12.1 was agreed.
That Cabinet agrees the Statement of Accounts for 2011/12 and the Annual Governance Report.
Donnie said that was an interesting point and that the ten-year life of houses on Bidston Rise had been increased to thirty years. He wondered if there would be arguments for one or two bedroom bungalows.
Cllr Foulkes said that an important point was the ability of the registered social landlords to borrow money as there would be much less money coming in and they would have difficulty collecting the rent, which would terrify the banks. He said that they were a worse bet than they had ever been in history as a developer, but he had been told by some politicians that this change had been popular in the South-East.
A person introducing herself as Jill Smith, a project support officer with the Women’s Centre said that they were a small charity, but women were coming in were in an absolute crisis over fear of what was going on. She said it would have a big impact, that they received no statutory funding, but that the problem was only going to get bigger. Jill Smith said that they worked with women with mental health or emotional problems.
Cllr Foulkes said they were seeing more people in their surgeries.
Cllr Harry Smith referred to the lady who runs the food bank.
Jill Smith said that all charities would be put under pressure.
Reverend Jenny Gillies from St. Oswalds said that they should be creative over letting people know. She said they never used to have people wander off the streets, but there was confusion over Housing Benefit. Jenny said that Area Forums needed to think creatively over inviting the voluntary sector.
Cllr Foulkes said the demand on the third sector, was going to turn into a flood. They were asking people who had the opportunity in the consultation as to what services they should or could provide. However he wasn’t in Paddy’s camp as he didn’t like protests and leading people down cul-de-sacs.
Paddy said they should campaign to educate people to make rational decisions.
Cllr Foulkes withdrew his remark about Paddy.
Paddy accepted the apology.
Cllr Roberts asked for presentations from the partners.
Jim Thompson (Community Safety) said that Wirral was a safe borough, crime was falling, but despite the recession, crime hadn’t shot up due to vigilance. He said that people shouldn’t leave their houses in darkness when they go out or their windows open, he encouraging people to lock their doors and if they got people knocking on doors asking people to give them £200 for insulation, they were to ignore them and ring Trading Standards or the police on 101.
Jim Thompson said that if it sounds too good to be true, it normally is. He said that nobody comes from Wirral Council and says they’ll take you to the cashpoint, well not yet (he joked) and that if people were concerned to ring the 101 number. They had a multi agency team looking at crime and disorder and information was shared so they could identify hotspots from the calls and prioritise.
A member of the public said they had called 101 when cars had been spray painted and that the police had been helpful and that they had been given the number for crime prevention, but after three days they hadn’t had an answer.
Jim Thompson said that the four crime prevention officers no longer existed, but if she wanted advice to ring 666 5443 and they would find somebody who could answer her query.
The member of the public said that if someone called from the police would the number be withheld?
Jim Thompson said the police and Council did call from withheld numbers and suggested that people don’t leave their house in darkness. He said the burglary rate was now less than twenty per a thousand whereas when he’d started it was forty-five.
Steve Preston said that 80% of burglaries were opportunistic, but this was no consolation for the 20% that weren’t.
Jim Thompson said that if it looks occupied they’d just walk past.
Paul Murphy, Merseyside Fire and Rescue Service said they were looking at a £9.2 million cut, but that the Chair was on the Fire Authority. Their target of 13,000 Home Fire Safety Checks (which would still be free) and he was asking if people knew of any vulnerable households to tell them, but that they were working with the Safeguarding Adults Board to identify people.
From the 22nd October they would be removing debris in the lead up to Bonfire Night, he gave out statistics on accidental dwelling fires, last year there had been eleven, so far this year there had been five. They had completed 622 Home Fire Safety Checks since the start of the year. On deliberate secondary fires there had been 222 last year and 74 so far this year. He referred to the tragic road traffic fatality in Claughton, but that road traffic collisions were low compared to other Merseyside authorities. He gave the phone number of 0800 731 5958 which could be used for Home Fire Safety Checks or from 22nd October to report rubbish that needed to be cleared. He said that Birkenhead Fire Station was due for completion in 2013.
Cllr Harry Smith asked if they would be based with the ambulance station?
Paul Murphy answered that in Croxteth they shared the same building. Cllr Roberts said there were no plans to merge.
Donnie asked a question about the ring fenced road safety funding for Area Forums?
Cllr Roberts asked if he was referring to road traffic accidents?
Donnie said he was referring to the bus hitting the car and the tragic fatality, but also the 20mph zones?
Cllr Foulkes said that the money allocated locally was a small fraction of the Highways Department budget, but that money would be put sadly where there had already been accidents.
Cllr Harry Smith referred to hotspots.
Cllr Foulkes said that after a major accident or fatality there was an investigation to see if it could have been prevented, such as the lights being purposely staggered slower but that he wouldn’t preempt the investigation.
George Thomas said he was frustrated by the cuts and drew attention to November 15th when it would be voting day for a Police Commissioner. He said it was “Tory ideology” and costing £100 million to create the position. He said the Chief Constable would be paid £155,000 and the Commissioner £85,000 but that independents couldn’t afford to run as they needed a deposit of £5,000.
Cllr Roberts said yes, yes.
Cllr George Davies said it was a waste of money.
Cllr Foulkes said he believed in democracy and pleaded with people to get out and vote.
Cllr Harry Smith said he wanted people to vote for the Labour candidate.
Jim Thompson said that Home Office funds, currently £122,000 were given to the local authority, as well as £150,000 to £160,000 from the Area Based Grant, however from April 2013 this would be given to the Police and Crime Commissioner instead.
Cllr George Davies disagreed with Jim Thompson over the change. He said he objection was that the change to a Police and Crime Commissioner was that it was one person compared to seventeen on the police authority.
Anna said they had a positive event to report as a person was coming to the library to talk about Viking remains.
A member of the public commented on the road conditions and said they were pleased that in the last four months it had been seen to.
Cllr Roberts said as there were no further questions, she would close the formal part of the meeting, the next one would be Tuesday 5th February 2013 in the Bidston ward.
Michelle Gray said she would advertise the venue and write to people.
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Present
Councillors on Employment and Appointments Committee
Cllr Lesley Rennie (Conservative)
Cllr Peter Kearney (Conservative)
Cllr Andrew Hodson (Conservative) deputy for Cllr Jeff Green (Conservative), spokesperson
Cllr Mark Johnston (Liberal Democrat), spokesperson
Cllr Paul Doughty (Labour), Chair
Cllr Phil Davies (Labour)
Cllr George Davies (Labour)
Cllr Ann McLachlan (Labour)
Officers
David Armstrong, Acting Deputy Chief Executive
Tony Williams, Acting Employee Relations Manager
Chris Hyams, Head of HR and Organisational Development
Surjit Tour, Legal adviser
Andrew Mossop, Committee Services Officer
In attendance:
Cllr Adrian Jones (Cabinet Member for Corporate Services)
Two members of public
00:08 to 00:15 The meeting started with the Chair, Labour councillor Paul Doughty welcoming people to tonight’s meeting.
1. Members’ Code of Conduct – Declarations of Interest00:15
He asked if the councillors had any interests to declare? No declarations of interest were made.
The Chair, Labour Cllr Paul Doughty asked Tony Williams, Acting Employee Relations Manager to introduce the report. Tony Williams said it was a regular report to update the Committee on attendance and referred to figures in the report.
Cllr Harry Smith (Cabinet Member for Streetscene and Transport) and Cllr Chris Meaden (Cabinet Member for Culture, Tourism and Leisure) arrive.
Tony Williams said the report showed that health issues were the highest cause of absence, which they were doing work to address, with an example being given of stress awareness. He also referred to the absence rate at the Department for Adult Social Services. He asked if there were any questions?
Cllr Paul Doughty said the report was for noting, so it was noted.
4. Update on Managing Workforce Change and Redeployment 03:20
The Chair, Labour Cllr Paul Doughty asked Tony Williams, Acting Employee Relations Manager to introduce this report.
Tony Williams said there were now fourteen employees on the register, he said at the last meeting there had been six, but five of these had been resolved. He said three on the register had complex circumstances, with two of these being due to disability, he referred to exempt appendix 12.
The Chair, Labour Cllr Paul Doughty referred to exempt appendix 12. He asked if anyone had any questions?
Cllr Mark Johnston, Liberal Democrat spokesperson asked about the reason behind the increase in employees on the register from the Department of Law, HR and Asset Management?
Tony Williams answered Cllr Johnston’s question by saying it related to a graduate trainees program. Cllr Mark Johnston asked a further question to Tony Williams. Tony Williams replied.
Cllr Lesley Rennie, Conservative asked about a point she had raised at the briefing. She wondered if the senior management restructure would lead to people’s jobs being subject to risk. She asked if in future members of the Committee, Leaders and Deputy Leaders could receive updates more regularly, such as fortnightly?
Chris Hyams answered.
The Chair Cllr Paul Doughty asked the Committee if they were happy to note the contents of the report? The report was noted.
6. Restructure of Human Resources and Organisational Development 10:00 7. Monitoring Use of Compromise Contracts 29:25 8. Appeals SubCommittee 30:24 9. Employment and Appointments SubCommittee Minutes 14/6/12, 28/6/12, 4/7/12, 5/7/12 31:33 10. Any Other Urgent Business Approved by the Chair (Part 1) 31:46 11. Exclusion of press and public 31:52
12. Exempt Appendix – Update on Managing Workforce Change and Redeployment
13. Exempt Appendix – Monitoring Use of Compromise Contracts
14. Any Other Urgent Business Approved by the Chair (Part 2)