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.

Councillor Gill declared a personal and prejudicial interest in Appendix E, ‘Revised Conditions of Fitness for Hackney Carriages’, and left the meeting during discussion of the item.

New Growth Points

The Leader informed the Cabinet that Yvette Cooper, Minister for Housing and Planning had visited Leicester, regarding the allocation of nearly £5.5m pilot funding to the Three Cities and Counties Bid.  It was noted that the bid was led and submitted by the Council on behalf of its partners.  The Council bid for 8% of the total bids submitted and received 15% of the total allocation.  The Leader reported that consequently, the Council was now eligible for tens of millions of pounds of Government funding of development infrastructure over the next decade through ‘Partnership for Growth’. 

He noted that the next step was to write the Growth Plan after deciding which needs were to be met.  He reported that for Leicester, funding would be available to support public realm works in Wharf Street and structural landscaping at Abbey Meadows to protect the towpath and riverside, plus supporting other proposals, including funding the first urban capacity study for the whole Leicester built-up area.

Equality Mark Award

The Leader reported that the Council was to be awarded an Equality Mark Certificate by Lord Herman Ousely on 28 November 2006.  He explained that this award was given to authorities that had been validated as being at Level 3 or above of the Local Government Equality Standard.

Cemetery of the Year Awards and UK Festivals Award

The Leader announced that the City Council’s Bereavement Services team were awarded with Best Children’s Commemorative Garden Award for Gilroes Cemetery at the national awards in Harrogate.

The Leader also reported that the Summer Sundae Weekender at De Montfort Hall won Best Small Festival at the UK Festival awards.  He extended congratulations and thanks to all staff involved in both initiatives.

The minutes of the meeting held on 25 September 2006 have been circulated to Members and the Cabinet is asked to approve them as a correct record.

RESOLVED:

                        That the minutes of the meeting held on 25 September 2006,                         having been circulated to Members, be taken as read and                         signed by the Chair as a correct record.

a)                 Economic Development & Planning Scrutiny Committee

            – 21             September 2006

Implementation of the recommendations of the Review of the Night Time Economy of Leicester

The above Committee agreed as follows:

‘That Cabinet be requested to provide an extended noise monitoring service, which operates later into the early hours of the morning’.

Councillor Mugglestone responded and informed the Cabinet of the current provision for noise monitoring and proposals for a rationalised service from 1 December 2006.  The proposed new service would incorporate an extension of the hours of operation.  The hours of the new service would be from 0900 until 0200 Monday to Friday, 2000 – 0200 Saturday and Sunday, with no service on Bank Holidays.

He reported that officers were generally of the view that a finishing time of 02:00 was sufficient to deal with the vast majority of noise nuisances, particularly in relation to noise emanating from pubs and clubs; it was unusual for a noise nuisance to begin after 02:00 without having been a problem before this time. However, whilst overall capacity at peak periods might be affected by the merger of the domestic and industrial/commercial services, the extension of the service to Sunday evenings represented a significant extension of the service, which should provide an improved service to the public, particularly those reporting noise problems via the 101 service.

It was also reported that the service would continue to work closely with the Department’s Licensing Team in relation to noise from licensed premises. The potential demand for a service outside of the hours set out above would continue to be kept under review. However, it was noted that any further extension of the hours of operation of this service would require additional resources, which would need to be addressed as part of future revenue budget strategies.

b)                 Aylestone, Eyres Monsell and Freemen Area Committee – 12 October 2006

Traffic Calming in the Milligan Road Area

The following was agreed at the above meeting. 

‘that Cabinet be requested to explain why the traffic calming work in the Milligan Road area hasn’t been undertaken before now’

Councillor Mugglestone explained that the above work had been delayed because priority had been given to works on Saffron Lane in preparation for the opening of the City Academy.  He added that there were also nineteen roads in the City with a higher priority than Milligan Road, because of their higher accident record.

c)            Economic Development & Planning Scrutiny Committee - 19 October             2006

            City Centre

The following was agreed at the above meeting.  

that the following be recommended to Cabinet:-

1)         that when the Council purchases significant goods from places like China, officers should take appropriate steps, before the goods are despatched, to ensure that the goods meet the quality specified in the contract; this may mean that a Council officer has to inspect the goods in person before they are despatched;

(2)       that the Committee expresses its concern that the Market Street improvements will not be completed until April 2007;

(3)       that  ...  view the full minutes text for item 93.

Councillor Gill submits a report following a referral from Council, that informs Cabinet of work to be carried out in order for Gilmorton Community Rooms to be re-opened.  Cabinet is recommended to note the report and the actions taken by Officers of the Adult and Community Services Department and Property Section of the Resources Department.

The relevant extract from Council on 28 September 2006 is attached.

Councillor Gill submitted a report following a referral from Council, that informed Cabinet of work to be carried out in order for Gilmorton Community Rooms to be re-opened. 

The relevant minute extract from Council on 28 September 2006 had been circulated to the Cabinet.

RESOLVED:

(1)       That the report and the actions taken by officers of the Adult and Community Services Department and Property Section of the Resources Department, be noted; and

(2)That the Gilmorton Community rooms have the necessary repairs carried out to reopen the centre and that these repair works are funded by Corporate building repair funds.  

Councillor Coley submits a report that considers the Council’s reference back and recommendation in relation to the Cabinet’s decision to market Braunstone Hall.  Cabinet is recommended that the decision to market the Hall be confirmed, but with the full involvement of the Braunstone Community Association, the process for which involvement being developed with the BCA and confirmed by the Corporate Director for Resources, in consultation with the Cabinet Lead for Resources.

The relevant extract from Council on 28 September is attached.

Members are asked to note that as part of this report, financial information relating to the property is attached.  These papers are marked ‘NOT FOR PUBLICATION’.  The information in these papers is exempt as defined in paragraphs 1-3 of Part 1 in Schedule 12A of the Local Government Act 1972, as amended and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.  The information therefore must not be disclosed or discussed at the meeting.  Should Members wish to refer to any of these details it is recommended that the meeting move into private session.

Councillor Coley submitted a report that considered the Council’s reference back and recommendation in relation to the Cabinet’s decision to market Braunstone Hall.

The relevant minute extract from Council on 28 September 2006 had been circulated to the Cabinet.

RESOLVED:

That the decision to market the Hall be confirmed, but with the full involvement of the Braunstone Community Association (BCA), the process for which involvement being developed with the BCA and confirmed by the Corporate Director of Resources, in consultation with the Cabinet Lead for Resources. 

Councillor Sandringham submits a report that seeks Cabinet approval of spending proposals by the Spinney Hills and Stoneygate, Braunstone Park and Rowley Fields, Westcotes and Western Park and Humberstone, Hamilton and Thurncourt Area Committees.

Councillor Sandringham submitted a report that sought Cabinet approval of spending proposals by the Spinney Hills and Stoneygate, Braunstone Park and Rowley Fields, Westcotes and Western Park and Humberstone, Hamilton and Thurncourt Area Committees.

RESOLVED:

(1)            that the expenditure proposals in Appendix A be approved subject to the conditions in the report; and

(2)that budget commitments spent ahead of this Cabinet but agreed by officers in consultation with the relevant Councillors as a matter of urgency due to time constraints, be approved.

Councillor Mugglestone submits a report that seeks Cabinet’s approval to a change of policy in respect of the Conditions of Fitness for Hackney Carriages following the completion of the review programme approved by Cabinet on 9 January 2006.

The relevant minute extracts of the Licensing Committee on 8 June 2006 and the Environment and Culture Scrutiny Committee on 6 September 2006 are attached.

The appendices are attached for Members only.  Further copies are available on the Council’s website at www.leicester.gov.uk/cabinet or by contacting Francis Connolly on 2527110.

Councillor Mugglestone submitted a report that sought Cabinet’s approval to a change of policy in respect of the Conditions of Fitness for Hackney Carriages following the completion of the review programme approved by Cabinet on 9 January 2006. 

The relevant minute extracts from of the Licensing Committee on 8 June 2006 and the Environment and Culture Scrutiny Committee on 6 September 2006 had been circulated to the Cabinet.

Councillor Mugglestone reported that there had been an extensive consultation programme, which was detailed in the report.

He referred also to some more recent letters received from Swift Fox Cabs dated 20 and 26 October and the officer response letter to these, all of which had been circulated.

Councillor Mugglestone explained that the aim of the conditions was to ensure that the Council only licensed vehicles which were suitable for Leicester, but did not prevent vehicles which were suitable, from being licensed.

It was also noted that the officers’ report gave options about the maximum height of the floor of the passenger compartment that should be allowed.  It was noted that if a low floor height was retained, this in practice would mean that only one type of vehicle could be licensed.  However, if a higher floor height was allowed, a wider range of vehicles could be licensed.  However, it was noted that several consultees had suggested that a higher floor height would have a negative impact in terms of accessibility.  However, Councillor Mugglestone recommended that the floor height requirement should be relaxed as this would give a wider choice to passengers and drivers.  All of the vehicles would be wheelchair accessible. 

Councillor Mugglestone also referred to the draft Department of Transport (DFT) Best Practice Guidance which although of interest, too much weight could not be given to it as it was in draft form.  However, he reported that on 23 October 2006, after the Cabinet report was made public, the DFT published the final version of the guidance.  The section on vehicle specification made it clear that it was considered best practice to specify as many different types of vehicle as possible and that local authorities should be wary of specifying only purpose built vehicles because of the constraints on supply this created.  This reinforced Councillor Mugglestone’s recommendation that the floor height recommendation should be relaxed.

However, if the Council was to license a wider range of vehicles, he explained that it was important that the Council ensured that hackney carriages were recognisable.  He proposed that the main way this should be done should be by requiring that all hackney carriages should be black and bear the Council’s crest.  He noted however that the Council had received one representation from one operator who felt that this requirement would interfere with their corporate identity.  Councilllor Mugglestone however felt that to an extent, this was unavoidable.  However, he noted that some of the finer details of the proposed livery had been left to the Corporate Director to finalise in consultation with the trade  ...  view the full minutes text for item 97.

Councillor Scuplak submits a report that reviews the Council’s existing arrangements for handling developer contributions and to seek agreement to revised policies and procedures designed to improve the Council’s corporate approach in dealing with developer contributions.  Cabinet is asked to approve a number of recommendations set out in paragraph 3.2. of the covering report.

The relevant minute extracts of the Economic Development and Planning Scrutiny Committee on 21 September 2006, the Planning and Development Control Committee on 3 October 2006, and the Housing and Community Safety Scrutiny Committee on 5 October 2006 are attached.

Councillor Scuplak submitted a report that reviewed the Council’s existing arrangements for handling developer contributions and sought agreement to revised policies and procedures designed to improve the Council’s corporate approach in dealing with developer contributions. 

The relevant minute extracts of the Economic Development and Planning Scrutiny Committee on 21 September 2006, the Planning and Development Control Committee on 3 October 2006, and the Housing and Community Safety Scrutiny Committee on 5 October 2006 had been circulated to the Cabinet.

Councillor Scuplak referred to the comments that had been referred to Cabinet by the above committees, reporting that all committees had felt that affordable housing should be given higher priority.  He welcomed the comments but stated that he could not support higher priority being given to affordable housing as it would create a situation where there was no prioritization of factors, and consequently, could lead to developers choosing to develop in cities other than Leicester. 

RESOLVED:

(1)            that the summary of developer contributions as set out in the Planning Obligations Summary detailed at Appendix 2  be approved

(2)that the flowcharts which set out the progresses for handling developer contributions as detailed in Appendix 3 be approved

(3)that the Developer Contributions Guidance for Officers as set out in Appendix 4 be approved

(4)that the terms of reference for a Developer Contributions Officer Group as detailed in Appendix 5 be approved

(5)that the establishment of a post of Developer Contributions Officer with appropriate support as detailed in Appendix 6 be approved; and

(6)            that the summary action plan as set out in Appendix 7 be approved.

Councillor Sandringham submits a report that proposes an extension to the street drinking ban within Leicester city centre.  Cabinet is recommended to note and comment on the contents of the report and recommend to Council the agreement in principle of the extension of the original order and note that there will be a 28-day consultation period.

The relevant minute extract of the Housing and Community Safety Scrutiny Committee on 5 October 2006 is attached.

Councillor Sandringham submitted a report that proposed an extension to the street drinking ban within Leicester city centre. 

The relevant minute extract of the Housing and Community Safety Scrutiny Committee on 5 October 2006 had been circulated to Cabinet.

RESOLVED:

That the contents of the report be noted and Council be recommended to agree in principle with the extension of the original Order and note that there will be a 28-day consultation period prior to its enforcement.

Councillor Scuplak submits a report that seeks Cabinet approval for amendments to the boundary of the High Street Conservation Area and the adoption of the High Street Conservation Area Character Appraisal as supplementary guidance to the Local Plan.

Councillor Scuplak submitted a report that sought Cabinet approval for amendments to the boundary of the High Street Conservation Area and the adoption of the High Street Conservation Area Character Appraisal as supplementary guidance to the Local Plan.

RESOLVED:

(1)       that the alterations to the boundary of the High Street Conservation Area be approved  and;

(2)       that the High Street Conservation Area Character Appraisal be adopted as   supplementary guidance to the City of Leicester Local Plan 2006.

Councillor Mugglestone submits a report that provides detail of the new powers and responsibilities contained within the Clean Neighbourhoods & Environment Act 2005.  Cabinet is asked to endorse the broad framework for implementation of the Act and agree a number of recommendations in connection with it.

Councillor Mugglestone submitted a report that provided detail of the new powers and responsibilities contained within the Clean Neighbourhoods & Environment Act 2005. 

RESOLVED:

(1)that the broad framework for implementation of the Act as set out in this report be endorsed

(2)that the powers introduced by the Act be delegated to the Corporate Director of Regeneration & Culture, who will make arrangements for these powers to be exercised by the relevant officers on his/her behalf (as summarised in Section 2 of the Supplementary Information)

(3)that the recommended amounts for the various fixed penalty notices, as set out in Appendix 1 of the report be approved

(4)that the Corporate Director of Regeneration & Culture be authorised, in consultation with the Cabinet Lead Member, to set any discounted amounts for early payment of fixed penalty notices covered by this report  as detailed in Paragraph 2.58 of the Supplementary Information

(5)that the proposal that fixed penalty notice receipts are retained within the relevant service areas, to help offset enforcement costs be approved as detailed in Paragraph 2.56 of the Supplementary Information

(6)that Area Committees are consulted about issues of local concern and that, in particular, that they are consulted prior to the implementation of any new area-based powers (e.g. Street Litter Control Notices) or any special area-based enforcement initiatives (e.g. tackling the issue of wheelie bins and side waste on pavements as detailed in Paragraph 3.7 of the Supplementary Information

(7)that the Corporate Director of Regeneration & Culture be authorised, in consultation with the Cabinet Lead Member, to start consultation on the designation of the city centre as an area subject to controls over the distribution of printed matter as detailed in paragraph 2.27 of the Supplementary Information

(8)that the Corporate Director of Regeneration & Culture bring further reports to Cabinet in relation to the potential adoption of new powers in relation to audible intruder alarms, dog control orders and the proposed transfer of responsibility for stray dogs from the police as detailed in Paragraphs 2.51, 2.46 and 2.48 of the Supplementary Information

(9)that the Corporate Director of Regeneration & Culture in liaison with the Corporate Director of Adult Services enters into discussions with the Chief Police officer over collaborative working in this area and, in particular, in relation to the potential for Police Community Support Officers to issue fixed penalty notices on behalf of the Council as detailed in Paragraph 2.60 of the Supplementary Information

(10)that the Corporate Director of Regeneration & Culture develops, in conjunction with the Youth Offending Team and police, procedures and protocols for the issuing of fixed penalty notices to juveniles as detailed in Paragraph 2.61 of the Supplementary Information; and

(11)that the Corporate Director of Regeneration and Culture incorporates options for addressing any resourcing implications associated with the Act in the Department’s Revenue Strategy for 2007/08 as detailed in Paragraph 3.5 of the Supplementary Information.

Councillor Mugglestone submits a report that provides Cabinet with information on the Council’s environmental progress through the Eco-Management and Audit Scheme (EMAS).   The Cabinet is agreed to note progress towards the EMAS targets during 2005/06, agree a new set of environmental targets for schools and amendments to existing corporate targets, agree the implementation of the proposed 2006/07 action programme, agree the draft text for the 9^th EMAS Public Statement and agree the management review of EMAS.

A copy of the appendices is deposited for Members in each of the Group Rooms.  Further Copies are available on the Council’s website at www.leicester.gov.uk/cabinet or by contacting Francis Connolly on 2527110.

Councillor Mugglestone submitted a report that provided Cabinet with information on the Council’s environmental progress through the Eco-Management and Audit Scheme (EMAS).  Councillor Blackmore thanked staff in the Environment Team for all their hard work on this scheme.

RESOLVED:

(1)that progress towards the EMAS targets during 2005/06 be noted

(2)that a new set of environmental targets for schools and amendments to existing corporate targets as shown in appendix 4 be approved

(3)that the implementation of the proposed 2006/07 action programme as shown in appendix 3 be approved

(4)that the draft text for the 9^th EMAS Public Statement as detailed in section 10 in the main report and appendix 2 be approved; and

(5)that the management review of EMAS as detailed in appendix 5 be approved

Councillor Coley submits a report that seeks Cabinet approval to the operational budget transfers arising from the Integrated Services Programme, which is a key step in establishing new departmental budgets.

Councillor Coley submitted a report that sought Cabinet approval to the operational budget transfers arising from the Integrated Services Programme, which was a key step in establishing new departmental budgets.

RESOLVED:

(1)   that the Adult and Community Services Department budget as set out in Appendix A of the report, be approved

(2)         that the Children and Young People’s Services Department budget as set out in Appendix B of the report be approved; and

(3)         that the revised budget for the Regeneration and Culture and Housing Departments and Corporate budgets as set out in Appendix C of the report, be approved.

Councillor Coley submits a report that explains the process by which the Council’s 2007/08 base budget is being prepared, and summarises the principles supporting this process.  Cabinet is asked to endorse the framework for base budget preparation and approve the cash limits for each department.

Councillor Coley submitted a report that explained the process by which the Council’s 2007/08 base budget was being prepared, and summarised the principles supporting this process. 

RESOLVED:

(1)            that the framework for base budget preparation be endorsed; and

(2)that the cash limits for each department be approved.

Councillor Scuplak submits a report that asks Cabinet to consider the proposals of Leicester’s BIDs Ltd for a BID in Leicester’s City and to decide the vote to be returned to the ballot holder.

Councillor Scuplak submitted a report that asked Cabinet to consider the proposals of Leicester’s BIDs Ltd for a Business Improvement District in Leicester’s City Centre and to decide the vote to be returned to the ballot holder.

RESOLVED:

            (1)       that the Leader of the Council be authorised to cast the Council's vote in the ballot; and

(2)            that under the provisions of Cabinet Procedure Rule 12 d,               no 'call in' of the decision be allowed on the grounds of                              urgency as the vote needs to be cast the day after Cabinet.

Councillor Blackmore submits a report to propose the merger of the Adult and Community Services and Housing Departments, in the light of current and prospective opportunities and pressures affecting the delivery of a number of Council services.

Councillor Blackmore submitted a report that proposed the merger of the Adult and Community Services and Housing Departments, in the light of current and prospective opportunities and pressures affecting the delivery of a number of Council services.

RESOLVED:

That Cabinet notes the proposals regarding the possible merger of the Department of Housing and the Department of Adult and Community Services and asks the Chief Executive to bring a further report on the options to the next Cabinet meeting.

Councillor Ramsdale submits a report.

This item was withdrawn.

The meeting closed at 6.21pm