COUNCIL MEETING
13TH
JUNE 2007
PRESENT: The
Worshipful the Mayor, Councillor M R Jones;
Deputy Mayor, Councillor M A Martin,
Councillors T E Ankers, R A Bailey, W T Beard, D N Bebbington, J A
Beech, J D Bratherton, D Brickhill, M Campbell, D J Cannon, R
Cartlidge, D H D Charlesworth, A Crawford, H W Curran, W S Davies,
R E Dodd, J V Dwyer, B H Dykes, B Evans, M Grant, C Goff, G
Griffiths, P A Hallett, J Hammond, J K Hatfield, K Healey, S W
Hogben, M A Hollins, E Howell, A C Johnson, J Jones, R Jones, S Z
Krizanac, J Lewis, A Moran, S J S Mottram, R W Parker, A
Richardson, M Roberts, S Roberts, R Salmon, B G Silvester, M J
Simon, R Stafford, D J Straine-Francis, J I Stockton, C G Thorley,
M J Weatherill, R Westwood, L T Wood and J Wright
APOLOGIES FOR ABSENCE
1
Apologies for absence were received from Councillors S Conquest, G
Fenton, W S McGinnis and C Waling.
MINUTES
2
RESOLVED: That the minutes of the Annual Meeting
held on 16th May 2007 be approved as a correct record
and signed by the Mayor.
PUBLIC QUESTION TIME
3
It was reported that, in accordance with the Public Question Time
Procedure Rule No. 31 (2) one question had been received, from Mrs
Teresa Eatough.
“"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?"
Councillor John Hatfield, the Portfolio Holder
for Finance, responded to the effect that the Council Tax Direct
Debit Draw had been introduced in September 2002. Whilst there had
been an increase in the number of payments made by direct debit,
resulting in an administrative saving for the Council of over
£312,000, there was no evidence to suggest that this was as a
direct result of the introduction of the scheme.
Mrs Eatough was invited to ask a supplementary
question. She asked if the scheme should now cease as there
was no evidence to support its continuation.
Councillor Hatfield’s response was that the
matter was under review by Members and Officers and a decision
about its continuation would be made at a later date.
MAYOR’S COMMUNICATIONS AND CIVIC
ACTIVITIES
4
Council received the Mayor’s communications and a resumé of civic
life in the Borough since the last meeting.
COMMITTEE OF FULL COUNCIL
5
RESOLVED: That the Council now sit as a Committee of Full
Council.
DECLARATIONS OF INTEREST
6
Councillors D Brickhill and S W Hogben each declared a personal
interest in agenda item 8 (Designated Public Places Orders) on the
basis that they were members of Shavington Parish Council.
Councillor J Hammond declared a personal interest in the same item
on the basis that he was a member of Haslington Parish
Council.
No other Member made any declaration of
interest in any item of business on the agenda at this point in the
proceedings.
CONSIDERATION OF ANY PERFORMANCE AND
OVERVIEW COMMITTEE
REPORTS AND
RECOMMENDATIONS
7
There were no reports or recommendations from the Performance and
Overview Committees on this occasion.
RE-NAMING OF PERFORMANCE AND OVERVIEW
COMMITTEES
8
It was moved that the three Performance and Overview Committees be
renamed “Scrutiny Committees”, preceded by the appropriate
designation (ie Community, Organisation, Local Economy and
Environment).
RECOMMENDED: That the three
Performance and Overview Committees be re-named “Scrutiny
Committees” preceded by the appropriate designation (ie. Community
Scrutiny Committee, Organisation Scrutiny Committee and Local
Economy and Environment Scrutiny Committee).
DESIGNATED PUBLIC PLACES ORDERS
(DPPOs)
9
On 1st November 2006, Council had 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. The Board recommended
that Council consider the evidence presented and the extent of any
Designation Orders.
9.1 It was
noted that at its meeting on 1st November 2006, Council
had delegated the power to make Designated Public Places Orders to
the Licensing and Regulatory Committee and was invited to rescind
that resolution.
RECOMMENDED: That
Council, having previously delegated authority for identifying
zones suitable for Designated Public Places Orders under the
Criminal Justice and Police Act 2001, to the Licensing and
Regulatory Committee, rescind its decision made under Minute No.
115 on 1st November 2006.
9.2 The
Committee of Full Council considered the report that had been
submitted to the Board, together with a Briefing Paper issued by
the Borough Solicitor which offered advice on the designation of
wards for such Orders. It was noted that the consultation
exercise, based on the original report, was £7,000. The cost
of consultation and signage for the proposals now submitted would
be in the order of £23,000 and the Portfolio Holder expected
partner organisations to contribute to this cost.
RECOMMENDED: (a) That,
subject to the instruction contained in (c) below, the power to
make Designated Public Places Orders under the Criminal Justice and
Police Act 2001 be delegated to the full Licensing and Regulatory
Committee only.
(b) That Council accepts that there is
evidence to support the establishment of Designated Public Places
Orders to cover the entire wards of –
Leighton
Maw Green
Coppenhall
Delamere
Waldron
Grosvenor
St. Barnabas
Valley
St. John’s
Alexandra
Wistaston Green
Wells Green
Willaston
Barony Weaver
Wellington
and that Council anticipates the likelihood of
displacement and supports the establishment of Designated Public
Places Orders to cover the entire wards of –
Birchin
St. Mary’s
Haslington
Shavington
(c) That the full Licensing and Regulatory
Committee be instructed to progress the establishment of such
Orders in the wards identified above;
(d) That the full Licensing and Regulatory
Committee be authorised to exercise discretion, if appropriate, to
expand the proposed order areas beyond the strict ward boundaries,
to create logical boundaries for enforcement purposes; and
(e) That, in the event that any consultation
exercise raised objections to the proposal to designate any of the
wards mentioned in (b) above, the result for that ward be referred
back to Full Council for consideration.
(Note: Chief Superintendent Ian Hopkins
and Inspector Mick Garrihy were in attendance for discussion of
this item.)
ENFORCEMENT OF SMOKE-FREE LEGISLATION
10 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 defined the enforcement
authority for Chapter 1 of Part 1 of the Health Act and Regulation
3(1)(b) designated 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
recommended that the appropriate authorities be delegated to the
Head of Environmental Health.
RECOMMENDED: 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.
HOUSING ACT 2004 – DELEGATED
POWERS
11 The
Council’s Constitution authorised the Council’s Officers to enforce
housing functions within the meaning of the Housing Act 1985 and
other housing legislation. The Housing Act 2004 had since been
introduced and the report requested an amendment to the Council’s
Constitution to incorporate the new Act.
At its meeting held on 31st May
2007, the Board considered the report of Councillor Rachel Bailey,
Portfolio Holder for Planning which recommended the delegation of
authority to the Head of Housing to carry out enforcement under the
Act and to authorise legal proceedings in accordance with the
Act.
RECOMMENDED: 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.
BOARD REPORT AND QUESTIONS TO THE
BOARD AND COMMITTEE CHAIRS
12 The
Committee of Full Council was invited to ask questions of the Board
and Committee Chairs in accordance with Procedure Rule No. 9. In
presenting the report, Councillor B G Silvester, Leader of the
Council, made reference to the industrial explosion and fire at the
Crewe Gates Industrial Estate on 4th June 2007. He paid
tribute to the Police and Fire Services and the Major Emergency
Planning Team for their prompt and efficient action by which they
were able to avert serious injury to individuals. He wished
his remarks to be placed on record and this was supported by
Members.
(Note: During discussion of this
item, Councillor D J Straine-Francis declared a personal interest
on the basis of his membership of a Communications Union.
Councillor D Brickhill declared a personal interest on the basis of
his County Council membership.)
RECONVENING OF FULL
COUNCIL
13
RESOLVED: That Full Council be now reconvened.
RECOMMENDATIONS OF THE COMMITTEE OF
FULL COUNCIL
14
RESOLVED: That the recommendations of the Committee
of Full Council be approved and adopted.
……………………………………………Mayor