6
(a) Committee/Cabinet Form of Governance
Council was reminded that at their meeting on 26th January 2015 Members had agreed to establish a Cross Party Working Group to consider in detail issues relating to the establishment of a Committee Form of Governance.
Accordingly Council considered the Committee/Cabinet Form of Governance Working Group's report which summarised the work undertaken by the Council culminating in the three reports to Scrutiny Committee on the 4th December 2014, Cabinet on the 10th December 2014 and Council on the 26th January 2015. In addition the Working Groups report looked at Councils that had explored changing to the Committee System and a practice of the change and identified the implications that the Council will face if it decided to change the current form of governance.
The Director of Customer Services reported that the Localism Act 2011 specifies that Governance arrangements can be changed either by a Council resolution which will lock in the decision for five years or by a Council resolution mandated by a referendum which would lock the decision for a ten year period. Any change in formal governance arrangements must occur at a specified "Change Time" which is at the Council's Annual General Meeting or at a special Council meeting. Prior to the change time, the Council needs to have resolved formally to make a governance change. For the purposes of the Working Groups report any resolutions taken at this Council meeting would be binding for adoption at the AGM in May 2016.
Council was advised that any change in Governance would naturally involve costs and the one off costs of making the transition plus the potential for higher costs on a ongoing basis or cost savings in the long term. The Working Group's report detailed the one off cost of implementing any change including Member and Officer training and Constitution review and also detailed an estimate of costs of providing additional officers support in the Member Services section. It was pointed out that the ongoing financial implications would be dependent upon the model adopted and would need to be factored into the budget for 2016/17 and future years as no financial implications were previously taken into account of within the Medium Term Financial Strategy as presented to Members in September.
Council was advised that there are significant implications for the Council in changing its decision making structure to any new governance arrangements as follows :-
- A comprehensive review of the Councils Constitution, governance and decision making processes would be required.
- Comprehensive review of the scheme of delegation to Chief Officers.
- Decisions are taken through politically balanced Committees, appointed by Full Council.
- There are no restrictions on the amounts of Committees, meeting frequency, or the size of membership, but there are cost implications.
- A new approach would be required to engage with Partners and Partnerships.
- Impact on the decision flow and relationship with current Director/Officer structure.
- Significant resource implications for those Officers involved in formal and informal engagement with Councillors with specific significant implications for Member Services.
- Review of the Members remuneration arrangements.
- Additional extensive training for Members and Officers.
- There would no be requirement for a formal Scrutiny Committee, however Council could decide to continue with a Scrutiny Committee under a Committee Form of Governance.
Proposer : Councillor Plant Seconder : Councillor Hanton
Paragraph 13.4 of Part 4 (Rules of Procedure) of the Constitution be waived in respect of speeches on this item.
CARRIED
Proposer : Councillor Plant Seconder : Councillor Hanton
That a formal recorded vote be taken on this item.
CARRIED
Councillor Plant reported that his opinion the current cabinet form of administration was working well and should continue in its present form. Councillor Reynolds commented that the current system is efficient and cost effective and felt that under a committee system there would need to hold meetings probably on a four weekly cycle.
Councillor T Wainwright reported that he was now in favour of moving to a Committee Form of Governance and that if approved the Working Group over the next 5 months would work up the details of any new system to be implemented after the AGM in May 2016. Councillor Sutton stated that the retention of a Scrutiny Committee would still be an option under a Committee system and that a committee system would enable Members to debate matters more fully than at present. He also made the point that back bench Members would be more involved in the decision making process. Councillor Williamson commented that a Committee System could be devised to be cost neutral.
Councillor Thirtle stated that he was not in favour of the change to a Committee Form of Governance because this would result in a slower decision making process would be less accountable and would be likely to involve more costs. Councillor Myers stated that there had been no definitive cost of implementing a Committee system but that in his opinion it could fit in with the current budget provision. He also made the point that Committees could be empowered to carry out certain delegated matters. Councillor walker stated that both systems can work well and that the Constitution could be amended in such a way to make a Committee System work efficiently. He also made the point that any change to the democratic process could come at a cost but that this should not be a factor in Council deciding to any change to its form of governance. Councillor Fox stated that he was in favour of a Committee System which will provide better decision making processes. Councillor Jermany stated that there was a need to know what the Committees will be what they are and how often they will be likely to meet.
Councillor Grey made the point that the Working Groups membership had consisted of representation from all the four political groups on the Council and that that they had agreed at their meeting that the issue of looking at a hybrid system should not be considered. Councillor B Coleman stated that he disagreed with the proposal to introduce a Committee form of Governance and made the point that there had been little desire from the previous administration to introduce this system in the past.
Proposer : Councillor Plant Seconder : Councillor B Coleman
That the Borough Council maintain the current Cabinet Form of Governance, and that the Councils current Constitution be reviewed and that the introduction of Cabinet Advisory Groups be considered as part of that review.
For the Motion :-
Councillors Carpenter, B Coleman, M Coleman, Collins, Grant, Hanton, Jermany, Lawn, Linden, Mavroudis, Plant, Reynolds, Thirtle and Weymouth.
Against the Motion :-
Councillors Andrews, Annison, Bird, Cutting, Davis, Fairhead, Fox, Grey, Jeal, Jones, Myers, Pratt, Robinson- Payne, Rodwell, Stenhouse, Sutton, H Wainwright, T Wainwright, Walker, Williamson and Wright.
LOST
Proposer : Councillor T Wainwright Seconder : Councillor Grey
That the Borough Council move from the Cabinet Form of Governance to a Committee Form of Governance with effect from the AGM in May 2016.
For the Motion :-
Councillors Andrews, Annison, Bird, Cutting, Davis, Fairhead, Fox, Grey, Jeal, Jones, Myers, Pratt, Robinson- Payne, Rodwell, Stenhouse, Sutton, H Wainwright, T Wainwright, Walker, Williamson and Wright.
Against the Motion :-
Councillors Carpenter, B Coleman, M Coleman, Collins, Grant, Hanton, Jermany, Lawn, Linden, Mavroudis, Plant, Reynolds, Thirtle and Weymouth.
CARRIED
(b) Returning Officer/ Electoral Registration Officer
Proposer : Councillor Plant Seconder: Councillor B Coleman
That approval be given to the appointment of Sheila Oxtoby, the Interim Chief Executive Officer, as the Councils Returning Officer and Electoral Registration Officer.
CARRIED
(c) Council Tax Reduction Scheme 2016
Council considered the Group Manager Customer Services report which sought approval of the 2016 Local Council Tax Support/Reduction Scheme.
Proposer : Councillor Thirtle Seconder : Councillor B Coleman
That approval be given to option 1, current scheme as detailed in the Group Managers report, for the 2016 Local Council Tax Reduction Scheme.
CARRIED
(d) Health and Safety Service Plan 2015/16
Council considered the Environmental Health Safety Service Plan 2015/16.
Proposer : Councillor Plant Seconder : Councillor Williamson
That the Health and Safety Service Plan 2015/16 be approved.
CARRIED
(e) Licensing Policy 2016
Council was advised that under the Licensing Act 2013, licensing authorities are required to review their Licensing Policy every 5 years. The Borough Council's current policy will expire on the 6th January 2016 and Council were now asked therefore to approve the final draft Licensing Policy for publication.
Proposer : Councillor Plant Seconder : Councillor Williamson
That the Licensing Policy 2016 be agreed, incorporating the amendments, and that once approved the new policy will be published on the 1st December 2015 and will come into effect on the 7th January 2016.
CARRIED
(f) Gambling Policy
Council were advised that Section 349 of the Gambling Act 2005 requires licensing Authorities to publish a "Statement of the Principles" that they propose to apply in exercising their functions under the Act applicable to a 3 year period. The Borough Councils existing Statement of Principles expires on the 30th January 2016 and a new policy must be published by the 3rd January 2016. Members were advised that a draft policy had been subject to consultation over a six week period during September and October.
Proposer : Councillor Plant Seconder : Councillor Williamson
That the amended Gambling Policy be agreed as the final Gambling Statement of Principles which will be published on the 3rd January 2016 and will come in to effect on the 31st January 2016.
CARRIED
(g) Scrutiny Committee Annual report 2014/15
Councillor Plant as Chairman of the Scrutiny Committee in 2014/15 presented for information the Scrutiny Committee Annual Report for 2014/15.
Proposer : Councillor Plant seconder : Councillor B Coleman
That the Scrutiny Committee Annual Report 2014/15 be approved.
CARRIED
(h) Great Yarmouth Development Company
Proposer : Councillor Plant Seconder : Councillor B Coleman
That Councillor Hanton and Mrs Sheila Oxtoby Chief Executive Officer be appointed as Directors to serve on the Great Yarmouth Development Company.
CARRIED
(i) Appointments to Outside Bodies 2015/16
Proposer : Councillor Grey Seconder : Councillor Annison
That Councillor Stenhouse be appointed to the vacant position on the Sentinel Leisure Trust.
CARRIED
(j) Standards Comittee - Appointment of a Parish Council Representative.
Council was asked to formally agree to the Standards Committee decision to appoint Mr P Manifold to the vacant Parish Council Representative position on the Standards Committee for a 3 year period.
Proposer : Councillor Lawn Seconder : Councillor Andrews
That approval be given to the appointment of Mr P Manifold to the vacant Parish Council Representative position on the Standards Committee.
CARRIED