COUNCIL
MEETING
13TH JUNE 2007
1.
APOLOGIES FOR ABSENCE
2.
MINUTES
To approve as a correct record the Minutes of
the Annual Council Meeting held on 16th May 2007.
(2)
3. PUBLIC
QUESTION TIME
To consider questions and petitions
received in accordance with the Question Time Procedure [Procedure
Rule No. 31(2)] and to consider any supplementary
questions.
The following question has been
received from Mrs T Eatough and has been accepted by the Council
Convenor as appropriate.
"Could the Council tell me what the cost
has been in total, and for the last financial year, of the prize
draw payouts used to promote direct debit payment of the Council
Tax?"
4.
MAYOR’S COMMUNICATIONS AND
CIVIC ACTIVITIES
To receive the Mayor’s Communications
and a resumé of Civic life in the Borough since the last Council
meeting. (4)
(Note: At this point in the
proceedings the Council will be invited to sit as a Committee of
the Full Council.)
5.
DECLARATIONS OF
INTEREST
Members to declare any personal or
prejudicial interests which they have in any item of business on
the agenda, the nature of the interest, and, if necessary, to leave
the meeting prior to discussion of that item.
Members who also serve as County, Town or
Parish Councillors are reminded of the need to make declarations in
respect of any item which directly concerns the business of the
appropriate authority.
Declarations are a personal matter for
each Member to decide. Whilst Officers will advise on the
Code of Conduct and its interpretation, the decision to declare, or
not, is the responsibility of the Member, based on the particular
circumstances.
6.
CONSIDERATION OF ANY PERFORMANCE AND
OVERVIEW COMMITTEE REPORTS AND
RECOMMENDATIONS
To consider any recommendations or
reports from Performance and Overview Committees.
MATTERS REQUIRING A DECISION
BY COUNCIL
On 1st November 2006, Council
approved the procedural framework for making Designated Public
Places Orders. The Police had since requested that a wider
ban than the specific areas initially identified, be
introduced.
At its meeting held on 31st May
2007, the Board considered the report of Councillor John Dwyer,
Portfolio Holder for Safer Communities, which presented the
evidence for areas to be considered for designation. The
Board recommends that Council considers the evidence presented and
the extent of any Designation Orders.
The report as submitted to Board (with minor
amendment) is attached. (8) A briefing paper
will be issued under separate cover. (To
follow)
9.
Enforcement of
Smoke-Free Legislation
The Health Act 2006 Part 1 Chapter 1
introduced new powers in relation to smoke-free premises, places
and vehicles. The Smoke-Free (Premises and Enforcement)
Regulations 2006 define the enforcement authority for Chapter 1 of
Part 1 of the Health Act and Regulation 3(1)(b) designates district
councils as enforcement authorities.
At its meeting held on 31st May
2007, the Board considered the report of Councillor John Dwyer,
Portfolio Holder for Safer Communities.
The Board recommends to Council -
That delegated authority be granted to the
Head of Environmental Health to –
(i) Enforce the Health Act 2006
Part 1 Chapter 1 and any regulations made under it;
(ii) Authorise
Officers to act on behalf of the Council in matters arising under
the Health Act Part 1 Chapter 1 and any regulations made under it
including the authority to require information, issue and serve
warnings, notices, penalties and fines to the maximum prescribed by
regulations when brought into effect; and
(iii) Instigate
proceedings (in consultation with the Borough Solicitor) for
offences under the Health Act 2006 Part 1 Chapter 1 and any
regulations made under it.
The report, as submitted to Board, is
attached. (9)
10.
Housing Act 2004 – Delegated
Powers
At its meeting held on 31st May
2007, the Board considered the report of Councillor Rachel Bailey,
Portfolio Holder for Planning.
The Council’s Constitution authorises the
Council’s Officers to enforce housing functions within the meaning
of the Housing Act 1985 and other housing legislation. The Housing
Act 2004 has since been introduced and the report requested an
amendment to the Council’s Constitution to incorporate the new
Act.
The Board recommends to Council
-
That delegated authority be granted to the
Head of Housing to enforce the functions contained in the Housing
Act 2004 (“the Act”) and (in consultation with the Borough
Solicitor) authorise legal proceedings on behalf of the Authority
in accordance with the provisions of the Act.
The report, as submitted to Board, is
attached. (10)
11. BOARD REPORT AND
QUESTIONS TO THE BOARD AND COMMITTEE
CHAIRS