Agenda and minutes

Members are asked to declare any interests they may have in the business to be discussed and/or indicate that Section 106 of the Local Government Finance Act 1992 applies to them.

Members were asked to declare any interests they may have in the business to be discussed and /or indicate that Section 106 of the Local Government Finance Act 1992 applied to them.

Councillor Mugglestone declared a personal and prejudicial interest in Report A2, “Greater Humberstone SRB Programme: Mundella Site Disposal” as his wife was a Director on the Board of Greater Humberstone Community Development Ltd, the managing body for the SRB6 programme. He left the meeting for consideration of this item.

Litter Wardens

The Leader informed the meeting that there would be a feature on Leicester’s Litter Wardens as part of BBC1’s ‘Real Stories’ programme which was due to be broadcast at 7.30pm that evening.

Haymarket Theatre

The Leader announced that it was expected that the Haymarket Theatre would be re-opening next spring as a grant from the Arts Council had been secured. He stated he also wished to see some changes in the way the theatre was run and the way programming was developed in future to avoid the problems which the Theatre has recently faced.

The minutes of the Ordinary meeting of the Cabinet held on 21 July 2003, and the minutes of the Special qualifying meeting of the Cabinet held on 21 July 2003, have been circulated to Members and the Cabinet is asked to approve them as a correct record.

RESOLVED:

that the minutes of the ordinary meeting held on 21 July 2003, and the minutes of the special qualifying meeting of the Cabinet held on 21 July 2003, having been circulated to Members, be taken as read and signed by the Chair as a correct record.

i)             STRATEGIC PLANNING AND REGENERATION SCRUTINY COMMITTEE – 16 JULY 2003

VOLUNTARY SECTOR BUDGET REDUCTIONS    A1

An Officer’s response report is at A1 of the cover papers.  The full minute extract and report to Scrutiny are contained in the Supporting Information papers.

RESOLVED:

(1)that this matter be referred to Cabinet for consideration;

(2)that the Corporate Director of Environment, Regeneration and Development in consultation with the Cabinet Link Member for Environment, Regeneration and Development be recommended to consider ways of alternative funding for the organisations proposed for funding reductions and to request that funding continues until a final decision is made by the Cabinet.

Councillor Hunt to respond.

ii)             STRATEGIC PLANNING AND REGENERATION SCRUTINY COMMITTEE – 16 JULY 2003

GREATER HUMBERSTONE SRB PROGRAMME:

MUNDELLA SITE DISPOSAL                   A2

An Officer’s response report is at A2 of the cover papers. The full minute extract and report to Scrutiny are contained in the Supporting Information papers.

RESOLVED:

that the following be recommended to Cabinet;

that the relevant Departments of the City Council assist Greater Humberstone Community Development Ltd. in its aim of acquiring part of the Mundella site for use by the community, in particular it is recommended:-

(1)that a clear timetable is established for the disposal of the site to a developer which is made available to the Committee, the Greater Humberstone Community Development Ltd and the Cabinet;

(2)that all necessary legal and property arrangements associated with the sale of the site receive prompt attention;

(3)that professional support is provided to the Greater Humberstone Community Development ltd in negotiating a Section 106 agreement with the eventual developer;

(4)that the commitment of the Life Long Learning Division is obtained as to its Cluster / Local learning Plans and operational intentions in regard to the proposed community learning facility;

(5)that signage be displayed at the site advertising the sale which is agreeable to all stakeholders including the Greater Humberstone Community Development Ltd.;

(6)that it would be desirable for the playing fields to be made available for community use during the summer holidays; and

(7) that the Committee receive a further report on progress.

Councillor Hunt to respond.

Councillor Coles submits a report that seeks confirmation of the arrangements for the formation of a Commissioning Body for Leicester to oversee the strategic aspects of the Supporting People programme. The Cabinet is recommended to note the requirements for the Commissioning Body, note its establishment, as detailed in the report, delegate authority to the Head of Legal Services, in consultation with the Supporting People manager to agree a form of memorandum of understanding with the other commissioning parties, and confirm representation to the Commissioning Body.

Councillor Coles submitted a report that sought confirmation of the arrangements for the formation of a Commissioning Body for Leicester to oversee the strategic aspects of the Supporting People programme.

RESOLVED:

(1)that the requirement to set up a Commissioning Body for Supporting People, be noted;

(2)that it be noted that the Commissioning Body will be established as a consortium, by virtue of a memorandum of understanding, which will be signed by the Probation Board, the Leicester City West and Eastern Leicester Primary Care Trusts, in addition to Leicester City Council;

(3)that the Head of Legal Services in consultation with the Supporting People Manager be authorised to agree a form of memorandum of understanding with the other commissioning parties;

(4)that it be noted that the Corporate Director of Social Care and Health has invited representatives to the Commissioning Body as follows:-

-one, on behalf of the probation board for Leicester

- one representative each from the Leicester City West and Eastern Leicester Primary Care Trusts

(5)that the Council’s representative to the Commissioning Body be the Director of Social Care and Health and that this representative be authorized in all respects by Leicester City Council for the purposes of the functions of the Commissioning Body.   

Councillor Coles submits a report that informs the Cabinet about the Supporting People Grant settlement and any subsequent financial implications. The Cabinet is recommended to note the total ring-fenced grant of £10.7 million, and the arrangements in place for the administration of the Grant. The Cabinet is also asked to note the expected shortfall in the grant and approve action to realise these savings, to confirm the Subsidy and Charging Policy and agree that further reports will be brought on the implications of any future changes to the funding formula that may adversely affect Leicester.

Councillor Coles submitted a report that informed the Cabinet about the Supporting People Grant settlement and any subsequent financial implications.

RESOLVED:

(1)to note that the total ring-fenced grant is initially £10.7 million, and that it must be spent within the grant conditions and directions set out in this report;

(2)to note that the Council, as the Administrative Authority, is responsible for administering the grant and bears the overall financial risk of the programme but that the Commissioning Body will take all necessary steps to contain expenditure within the Programme’s spending framework;

(3)to note the expected shortfall in the grant of £200,000 and Office of the Deputy Prime Minister savings target of £235,000, and the steps set out  in paragraph 4 of the Supporting Information to manage them;

(4)that the Subsidy and Charging Policy as set out in paragraph 5 of the Supporting Information of the report, be confirmed; and

(5)that further reports be brought to Cabinet on the implications of any future changes to the funding formula that may adversely affect Leicester.

.

Councillor Hunt submits a report that advises the Cabinet of details of the proposed modernisation of the licensing laws known at the present time, and of arrangements being put in place to deal with them. The Cabinet is recommended to approve the draft Licensing Policy for the purpose of consultation in accordance with the Licensing Act. The Cabinet is also asked to give authority to the Director of Environment, Regeneration and Development, in consultation with the Cabinet Link Member to enter into partnership working with other Leicestershire local authorities subject to organisational and financial arrangements that are in the City Council’s interest.

Councillor Hunt submitted a report advising the Cabinet of the details of the proposed modernisation of the licensing laws, which were known at the current time and the arrangements being put in place to deal with them. The report also sought approval for a draft licensing policy to be used as the starting point for consultation.

Councillor Mugglestone raised a particular concern arising from the new legislation about public houses which were not subject to the existing planning legislation. He noted these establishments under the new regime could legally remain open until very late, which could lead to disturbance and anti social behaviour in residential areas and anti social behaviour.

The Head of Public Safety noted that there was a rigorous objection procedure contained within the new legislation which meant the Council could review any licence at any time and impose restrictions on establishments where problems arose. He also stated that consultation was currently taking place and arising from this the Council could formulate a general hours policy.

RESOLVED:

(1)that the draft Licensing Policy for the purposes of consultation to be carried out in accordance with the Licensing Act, be approved; and

(2)that the Director of Environment, Regeneration and Development, in consultation with the Cabinet Link Member be authorised to enter into partnership working with other Leicestershire local authorities subject to organisational and financial arrangements that are in the City Council’s interest

Councillor Hunt submits a report that outlines the progress made in establishing the public rights of way network in Leicester to enable the City Council to fulfil its statutory duties under the Wildlife and Countryside Act 1981 and the Countryside and Rights of Way Act 2000. The Cabinet is recommended to note the progress made with public rights of way to date and to approve the targets and programme outlined in the Milestone Statement.

Councillor Hunt submitted a report outlining the progress made in establishing the public rights of way network in Leicester to enable the Council to fulfil its statutory duties under the Wildlife and Countryside Act 1981 and the Countryside and Rights of Way Act 2000.

Members of the Cabinet requested that Officers look into the possibilities of joining up with the County Council in their Local Access Forum. They also asked that officers give consideration to involving local walkers and ramblers to produce a definitive map of public rights of way in an area.

Members expressed concern at the differing levels of maintenance on certain sections of rights of way.  Officers undertook to look into this and to advise Members accordingly.

RESOLVED:

(1)       that the progress made with public rights of way to date, be noted; and

(2)       that the programme and targets outlined in the Milestone Statement, be approved.

Councillor Coley submits a report that seeks approval by Cabinet to take forward four capital projects to improve customer access to Council Services. The Cabinet is recommended to approve the four capital projects outlined in the report.

Councillor Coley submitted a report seeking the Cabinet’s agreement to take forward four capital projects to improve customer access to Council Services.

RESOLVED:

that total expenditure of £200,000 be approved, funded from the “Corporate” Capital programme for the following projects:-

(1) £71,000 for the Council’s telephone access project;

(2)£16,000 for the purchase and installation of additional PC server hardware to improve the resilience of the Customer Relations Management software installation;

(3)£15,000 to set up a customer services in libraries pilot scheme;

(4)£85,000, allocated to provide a Generic Reception area within the new Braunstone Library and Community Resource Centre; and

(5)£13,000 as a contingency sum for the above projects.

Councillor Coley submits a report that asks Cabinet to review its Scheme of Delegation to ensure it suits executive requirements. The Cabinet is recommended to determine whether or not to: -

i)                   Retain the current delegations to individual Cabinet Members.

ii)                 Vary its current portfolio arrangements.

iii)               Change its Scheme of Delegation to Officers.

iv)        Establish Cabinet Committees, or rely on less formal arrangements such as task and finish groups.

Councillor Coley submitted a report which gave options for the Cabinet to review its Scheme of Delegation to ensure it suited the executive requirements.

He proposed a set of recommendations, which were agreed.

RESOLVED:

(1)that the current delegation to individual Cabinet Members with the Executive function scheme of delegation, be removed;

(2)that the current Cabinet portfolio arrangements be varied to align the executive function with the Council’s departmental structure and the associated Cabinet Link Member provisions and, as a consequence, authorise the Town Clerk any technical changes within the constitution associated with this re-alignment;

(3)that no changes be made to the current Scheme of Delegation to Officers;

(4)that Cabinet Committees not be established at this time, but utilise ‘task and finish’ groups to take advantage of their effectiveness as a way of working and lack of associated bureaucracy.

Councillor Coley submits a report that shows the provisional outturn of the capital programme for 2002/03. The Cabinet is asked to note the outturn of  £63.149 million, to approve an addition to the capital programme of £20,000 for funding consultants, approve the deletion of the present reserve programme and to note the level of slippage, progress on schemes, levels of capital receipts and additional funding and the current position on the Payback Fund.

Councillor Coley submitted a report showing the provisional outturn of the capital programme for 2002/03.

Members of the Cabinet noted that the recommendation regarding the £20,000 addition to the Capital programme was for the purposes of utilising external consultants who would be bidding on behalf of the Council for a wide range of different sources of external funding. Officers commented that this would be monitored to see if it was effective and at present it was only recommended for two years.

RESOLVED:

(1)that the outturn for 2002/03 of £63.149 million, representing 95.8% of the period 8 forecast outturn, be noted;

(2)that additional slippage of £5.228 million since period 8, be noted;

(3)that additional funding reported of £2.637 million, be noted;

(4)that the progress on specific schemes, be noted;

(5)that the level of achievement of capital receipts, be noted;

(6)that an addition to the capital programme of £20,000 per year for funding consultants, be approved;

(7)that the deletion of the present reserve programme be approved, £1.3 million to take effect immediately, and potentially the final £0.5 million at the end of 2003/04; and

(8)that the current position on the Payback fund, be noted.

Councillor Johnson submits a report that presents options for Members to consider regarding the future of the Joint Arrangement with Leicestershire County Council Library Services for Education. The Cabinet is recommended to select one of the options referred to in the report that provides the best way forward for city schools to best support their efforts to raise standards.

The relevant minutes extract from the Education and Lifelong Learning Scrutiny Committee held on 24 June 2003 are attached to the report.

Councillor Johnson submitted a report presenting options for the Cabinet to consider regarding the future of the Joint Arrangement with Leicestershire County Council Library Services for Education.

RESOLVED:

(1)that the Joint Arrangement be reinstated with the same financial agreement from September 2003 to August 2007 with the City and the County working in partnership to address the performance management issues arising out of the Best Value Review; and

(2)that no call-in be made in respect of this decision in view of the urgent need to finalise the contract to maintain continuity of service to schools.

Councillor Coley submits a report that advises Members of works recommended to be funded from the Disability Discrimination Act Initiatives budget for 2003 – 2004, including the Access to Work portion of the budget. The Cabinet is recommended to approve the recommendations set out in the report in order that the programme can proceed.

Councillor Coley submitted a report advising the Cabinet of works recommended to be funded from the Disability Discrimination Act Initiatives budget for 2003-2004 including the Access to Work portion of the budget. The report also sought approvals to enable the programme to proceed.

RESOLVED:

(1) that the works outlined in Appendix 1 including the allocation of £20,000 to Access to Work and a sum of £26,000 for urgent works required in the light of complaints received, be approved;

(2) that the Corporate Director of Resources, Access and Diversity be authorised to order the works;

(3) that the Corporate Director of Resources, Access and Diversity be authorised to seek all necessary consents;

(4) that the Corporate Director of Resources, Access and Diversity be authorised to approve further works during the year as necessary or reassess or amend the programme, in consultation with the Cabinet Link Member for Resources, Access and Diversity.

AGENDA

MEMBERS OF THE PUBLIC TO NOTE

Under the law, the Cabinet is entitled to consider certain items in private.  Members of the public will be asked to leave the meeting when such items are discussed.

The Cabinet is recommended to consider the following reports in private on the grounds that they contain ‘exempt’ information as defined by the Local Government (Access to Information) Act 1985, and consequently that the Cabinet makes the following resolution:-

“that the press and public be excluded during consideration of the following reports in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because they involve the likely disclosure of 'exempt' information, as defined in the Paragraphs detailed below of Part 1 of Schedule 12A of the Act.”

Paragraph 9

Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

            Shires West Update                                                                  

Paragraph 7

Information relating to the financial or business affairs of any particular person (other than the authority).

Paragraph 8

The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services.

The Empty Homes Strategy – Compulsory Purchase of Various Houses (5)

Councillor Blackmore noted that a request had been received from Councillor Draycott to remain in the meeting for the discussion on report B2 “Empty Homes Strategy – Compulsory Purchase of Various Houses (5)”. He stated she had confirmed that she had no interests to declare in the item and that her ‘need to know’ was on the basis of her role as Chair of the Housing Scrutiny Committee.

The Cabinet agreed to this request. It was also agreed to take this item out of order.

RESOLVED:

(1)that the press and public be excluded during consideration of the following reports in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because they involve the likely disclosure of ‘exempt’ information, as defined in the Paragraphs detailed below of Part 1 of Schedule 12A of the Act:-

Paragraph 9

Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

Shires West Update

Paragraph 7

Information relating to the financial or business affairs of any particular person (other than the authority).

Paragraph 8

The amount of expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services.

The Empty Homes Strategy – Compulsory Purchase of Various Houses (5)

(2)that Councillor Draycott be allowed to remain in the meeting for the discussion of report B2 “Empty Homes Strategy – Compulsory Purchase of Various Houses (5)”.

Councillor Metcalfe submits a report.

Councillor Scuplak submitted a report that proposed that Compulsory Purchase Orders be sought under the Empty Homes Strategy on five long-term vacant properties in areas of priority housing need.

Members of the Cabinet enquired about using enforcement officers to apply improvement orders on houses. They also asked about the position the Council was in if the owner of a home was untraceable. Officers agreed to report back to the Cabinet more fully on these matters.

Members of the Cabinet also asked Officers to see if this Compulsory Purchase Order policy could be extended further across the Council.

RESOLVED:

(1) that the land and dwellings outlined in the appendices attached to the report, the subject of Compulsory Purchase Orders (CPOs) under sections 9 and 17 of the Housing Act 1985, Section 93 of the Local Government & Housing Act 1989 and the Acquisition of Land Act 1981, in order to secure their improvement, proper management and occupation as residential dwellings;

(2)    that the necessary capital expenditure be authorised  from the Empty Homes Strategy in line with the agreed Capital Programme.

(3)to note that the information contained in this report is confidential to the Housing Department and should not be discussed outside of Cabinet.

Councillor Hunt submits a report.

Councillor Suleman submits a report seeking the Cabinet’s authority to move to formal agreements in connection with Hammerson’s proposal to extend the Shires Shopping Centre, the project now known as Shires West.

Members of the Cabinet noted that this project was subject to a tight timetable and if this were to slip the Council could face increased financial costs and the developer could face increased costs. It was therefore agreed that this decision not be subject to the ‘call-in’ procedure.

RESOLVED:

(1) that the current position be noted;

(2)that the Corporate Director of Resources, Access and Diversity, in consultation with the Cabinet link Members for Finance, Resources and Diversity and Environment, Regeneration and Development, is authorised to:-

(i)agree the terms for the Development Agreement, Land Sale Agreement and Indemnity Agreement, as referred to in the Supporting Information, and any other necessary Agreements required in connection with the Shires West Shopping Centre development,

(ii)authorise the Head of Legal Services to enter into and complete these Agreements,

(iii)in the event of the Council being required to exercise it’s CPO powers, approve capital expenditure to be funded entirely by the indemnity agreement,

(iv)authorise any necessary increase in the capital programme for the compulsory purchase costs, subject to these being entirely funded by Hammerson under the Indemnity Agreement; and

(3)that no call-in be made in respect of this decision in view of the risks associated with any delay which could increase costs to the Council and to the developer.

The meeting closed at 6.27pm.