Agenda, decisions and draft minutes

Venue: Meeting will be held in accordance with Statutory Instrument 2020/392. Link to live stream will be available at: https://www.tendringdc.gov.uk/livemeetings

Contact: Ian Ford Email:  democraticservices@tendringdc.gov.uk or Telephone  01255 686584

Items
No. Item

77.

Apologies for Absence

The Cabinet is asked to note any apologies for absence received from Members.

 

Minutes:

Apologies for absence were submitted on behalf of Councillor Chapman (Leader of the Independent Group).

78.

Minutes of the Last Meeting pdf icon PDF 111 KB

Minutes:

It was RESOLVED that the minutes of the meeting of the Cabinet, held on Friday 9 October 2020, be approved as a correct record and signed by the Chairman.

79.

Declarations of Interest

Councillors are invited to declare any Disclosable Pecuniary Interests or Personal Interest, and the nature of it, in relation to any item on the agenda.

 

Minutes:

There were no declarations of interest made at this time.

80.

Announcements by the Leader of the Council

The Cabinet is asked to note any announcements made by the Leader of the Council.

Minutes:

Pandemic –Support for Local Businesses

 

The Leader of the Council (Councillor Stock OBE) made the following announcement:-

 

“Our businesses will be key to the recovery from the present pandemic. However, we are in really challenging times and so we want to reassure our businesses that we will do as much as we can to support them through this difficult time.

 

Therefore, I am really pleased to announce that the forms for businesses to be able to apply for the various grant schemes recently announced by the Government will be available as early as possible next week. Officers have been working hard this week to get their heads around the significant amount of information and guidance that the Government have published so far to date. There will be support grants available for a range of businesses to assist them through this time and details will be on our website very shortly.

 

Coming out of COVID, as a council, we will also be there for our residents and to support our businesses further by putting on events such as Celebrating Tendring. This will include celebrating the 150th anniversary of Clacton and the postponed celebration of the Mayflower 400. We want to be ready to welcome people back to our towns, seafronts and historic sites.”  

 

81.

Announcements by Cabinet Members

The Cabinet is asked to note any announcements made by Members of the Cabinet.

Minutes:

Clacton-on-Sea – 150th Anniversary

 

The Leisure & Tourism Portfolio Holder (Councillor Porter) referred to the fact that next year would mark the 150th anniversary of the establishment of Clacton-on-Sea as a coastal resort in 1871.

 

He was pleased to inform Cabinet that the Council had been awarded £250,000 from the National Lottery Heritage Fund to assist in producing the commemorative events including the establishment of a new heritage trail.

 

Councillor Porter also encouraged local businesses to participate in this celebration.

 

New Tendring Community Fund

 

The Partnerships Portfolio Holder (Councillor McWilliams) informed Cabinet that the Council was currently in the process of reviewing the criteria for the new Tendring Community Fund in order to aid support to local community groups. Further announcements on this matter would be made in due course.

82.

Matters Referred to the Cabinet by the Council

There are none on this occasion.

Minutes:

There were no items referred to the Cabinet by the Council on this occasion.

83.

Matters Referred to the Cabinet by a Committee - Reference from the Planning Policy & Local Plan Committee - A.1 - Essex Coast Recreational Disturbance Avoidance and Mitigation Strategy Consultation Exercise, Final SPD and Partnership Agreement pdf icon PDF 54 KB

To enable the Cabinet to consider recommendations made by the Planning Policy & Local Plan Committee in respect of the Essex Coastal Recreational disturbance Avoidance and Mitigation Strategy and the associated Supplementary Planning Document and Partnership Agreement and to thereafter agree to the Council’s formal adoption of these documents.

Additional documents:

Decision:

RESOLVED that the Cabinet –

 

(a)    approves the Essex Coastal Recreational disturbance Avoidance and Mitigation Strategy; the associated Supplementary Planning Document and the revised Partnership Agreement, as submitted; and

 

(b)    agrees that the two recommendations submitted by the Planning Policy and Local Plan Committee in relation to the Warden service and Essex Coastal Path signage (as repeated below) be explored further by Officers through the RAMS Steering Group:

 

(1)  the Warden service being proposed as part of the RAMS strategy should be used to augment the Council’s existing wardens services - utilising funding from this Council’s contributions into the RAMS central funding pot; and

 

(2)  the bodies responsible for the provision and maintenance of signage for the Essex Coastal Path being permitted to apply for funding for such works from the RAMS central funding pot.

Minutes:

Cabinet was aware that, on 14 October 2020, the Planning Policy & Local Plan Committee had considered a comprehensive report (and appendices) of the Corporate Director: Place and Economy which had contained details of the Essex Coastal Recreational disturbance Avoidance and Mitigation Strategy (RAMS) and the associated Supplementary Planning Document (SPD) and Partnership Agreement.

 

Having considered and discussed the contents of the Corporate Director’s comprehensive report and appendices, the Committee had decided to agree that the Essex Coastal Recreational disturbance Avoidance and Mitigation Strategy (RAMS) and the associated Supplementary Planning Document (SPD) and Partnership Agreement be forwarded to Cabinet for formal approval.

 

In addition to that decision, the Committee had further resolved that it be suggested to Cabinet that:

 

1)    the Warden service being proposed as part of the RAMS strategy should be used to augment the Council’s existing wardens services - utilising funding from this Council’s contributions into the RAMS central funding pot; and

 

2)    The bodies responsible for the provision and maintenance of signage for the Essex Coastal Path being permitted to apply for funding for such works from the RAMS central funding pot.

 

It was proposed by Officers that, with Cabinet’s agreement, those matters would be explored through the RAMS Steering Group which was attended by Officers from Tendring District Council and other Essex Authorities.

 

Furthermore, the Council was now in receipt of an updated version of the ‘Partnership Agreement’ which superseded, without materially altering, the version that had been attached as Appendix 4 to the Committee report. Cabinet was asked therefore to consider and approve the updated version.

 

Having considered the recommendations and proposals put forward by the Planning Policy & Local Plan Committee:-

 

It was moved by Councillor Stock OBE, seconded by Councillor Broderick and:-

 

RESOLVED that the Cabinet –

 

(a)    approves the Essex Coastal Recreational disturbance Avoidance and Mitigation Strategy; the associated Supplementary Planning Document and the revised Partnership Agreement, as submitted; and

 

(b)    agrees that the two recommendations submitted by the Planning Policy and Local Plan Committee in relation to the Warden service and Essex Coastal Path signage (as repeated below) be explored further by Officers through the RAMS Steering Group:

 

(1)  the Warden service being proposed as part of the RAMS strategy should be used to augment the Council’s existing wardens services - utilising funding from this Council’s contributions into the RAMS central funding pot; and

 

(2)  the bodies responsible for the provision and maintenance of signage for the Essex Coastal Path being permitted to apply for funding for such works from the RAMS central funding pot.

84.

Leader of the Council's Items - A.2 - Executive Decision(s) taken as a matter of Urgency pdf icon PDF 68 KB

To notify Members of recent urgent Executive Decision(s) taken by the Leader of the Council on behalf of the Cabinet.

Decision:

RESOLVED that –

 

(a) the contents of the report be noted; and

 

(b) the urgent decision taken by the Leader of the Council on behalf of the Cabinet, as detailed in this report, be formally endorsed.

 

Minutes:

The Cabinet gave consideration to a report of the Leader of the Council (A.2) which notified Members of a recent urgent Executive Decision taken by the Leader of the Council on behalf of the Cabinet.

 

The Cabinet recalled that, as part of the Council’s response to the COVID-19 public health emergency the Council’s Monitoring Officer had produced a formal “Note on Decision Making Business Continuity Arrangements” which had set out the ways in which the normal operational business of the Council could continue in relation to decisions which would normally be referred to Cabinet, Council or Committees.

 

In relation to Cabinet decisions the Monitoring Officer’s formal Note, as issued on 20 March 2020, had contained the following information and advice:

 

“The Constitution requires certain matters to be decided by Cabinet collectively.  The Leader of the Council may exercise any of the powers delegated to the Cabinet:

 

a. Following a resolution of the Cabinet (subject to the Constitution), or

 

b. In cases of urgency, in consultation with the Monitoring Officer and/or Section 151 Officer.

 

In cases of urgency the decision of the Leader of the Council will be recorded and published in accordance with the Constitution.  The Leader of the Council will also be required to make a public statement at the next formal meeting of the Cabinet which will explain why they had taken the decision as a matter of urgency.

 

Therefore, following consultation with the Leader of the Council, it was recommended that to enable formal decisions to be made on behalf of Cabinet the following procedure should be adopted:

 

·      reports that would have been considered by Cabinet are emailed to the Group Leaders;

·      a period of five working days would be provided for Group Leaders to email any comments/questions etc. to the relevant Portfolio Holder, Leader and officer(s) identified;

·       responses to comments/questions would be supplied to the Group Leaders;

·      this information will be taken into account by the Leader prior to making his formal decision;

·      a formal decision will be published recording the matters taken into account;

·       at the first formal meeting of Cabinet a report of the decisions taken by the Leader under urgency powers will be produced; and

·      if it was necessary for a key decision to made under urgency provisions this must be reported to Full Council (in accordance with the Access to Information Procedure Rules 15 & 16.2).

 

Whilst it was anticipated that decisions taken during urgency provisions would be limited or uncontroversial in nature, with Group Leaders’ comments being sought prior to decisions being made, it must be highlighted that the ability of Members to undertake the statutory overview and scrutiny function is not removed.”

 

The Monitoring Officer had considered that, in responding to COVID-19, the Council was in exceptional times which therefore satisfied the grounds of urgency.

 

It was reported that in making the decision in question the Leader of the Council had exercised his delegated power as set out in the Council’s Constitution in Part 3, Schedule 3 (Responsibility for Executive  ...  view the full minutes text for item 84.

85.

Leader of the Council's Items - A.3 - Adoption of a Climate Change Action Plan 2020-2023 pdf icon PDF 52 KB

To recommend the adoption of a climate change action plan.

Additional documents:

Decision:

RESOLVED that Cabinet:

 

a)     notes the work undertaken by the Climate Change Members’ Working Group to date;

 

b)     agrees and endorses that the Climate Change Action Plan 2020-2023 be adopted by Full Council and that, in view of the significance of this plan, the Constitution (Part 4.01(a)) be amended such that the list of local choice plans to form part of the policy framework of the Council shall now include the Climate Change Action Plan; and

 

c)      authorises the Chief Executive to put the necessary arrangements in place in order to deliver the Action Plan and projects arising from it.

 

RECOMMENDED TO COUNCIL that the Climate Change Action Plan 2020-2023 be adopted and that, in view of the significance of this plan, the Constitution (Part 4.01(a)) be amended such that the list of local choice plans to form part of the policy framework of the Council shall now include the Climate Change Action Plan.

Minutes:

During the consideration of this item Councillor I J Henderson declared for the public record that he was a member of Essex County Council’s Climate Change Commission.

 

The Cabinet gave consideration to a report of the Leader of the Council (A.3) which recommended the adoption of a climate change action plan.

 

Members were aware that, on 9 August 2019, the Council had declared a climate emergency with a commitment to the Council’s operations becoming carbon neutral by 2030 and community leadership activities pursued in order to influence and encourage others across Tendring to strive towards carbon neutrality for the District as a whole.

 

That declaration had committed the Council to a number of actions including the setting up of a Members’ working group, the calculation of the Council’s carbon emissions and the development of a climate change action plan.

 

It was reported that all of those actions had now been undertaken and an action plan, covering three years to the end of 2023, was ready for initial approval by Cabinet and ultimately adoption by Full Council as part of the Council’s policy framework.

 

With the permission of the Chairman, the Chairman of the Climate Change Members’ Working Group (Councillor Coley) addressed the Cabinet on the subject matter of this item.

 

Having considered the contents of the Leader’s report and its appendix and in order to enable the Action Plan to be submitted to Full Council for adoption:-

 

It was moved by Councillor Stock OBE, seconded by Councillor G V Guglielmi and:-

 

RESOLVED that Cabinet:

 

a)     notes the work undertaken by the Climate Change Members’ Working Group to date;

 

b)     agrees and endorses that the Climate Change Action Plan 2020-2023 be adopted by Full Council and that, in view of the significance of this plan, the Constitution (Part 4.01(a)) be amended such that the list of local choice plans to form part of the policy framework of the Council shall now include the Climate Change Action Plan; and

 

c)      authorises the Chief Executive to put the necessary arrangements in place in order to deliver the Action Plan and projects arising from it.

 

RECOMMENDED TO COUNCIL that the Climate Change Action Plan 2020-2023 be adopted and that, in view of the significance of this plan, the Constitution (Part 4.01(a)) be amended such that the list of local choice plans to form part of the policy framework of the Council shall now include the Climate Change Action Plan.

 

NOTE: The Leader of the Council undertook to arrange a meeting at which he, Councillor Coley and the Chief Executive would discuss how to further progress the Action Plan.

86.

Leader of the Council's Items - A.4 - Back to Business pdf icon PDF 82 KB

To adopt a Council wide plan to support the District’s recovery from the ongoing Covid-19 pandemic and to agree a number of short term actions in advance of a wider delivery plan being adopted.

Additional documents:

Decision:

RESOLVED that Cabinet -

 

(a)    agrees the contents of the Council’s ‘Back to Business’ agenda;  

 

(b)    allocates £862,000 from the Back to Business budget and authorises the Portfolio Holder for Corporate Finance and Governance to do the following:

 

          i.    Explore options to provide dedicated resources to manage the Council’s Back to Business agenda;

         ii.   Subject to a Project Initiation Document being approved by the Portfolio Holder for Corporate Finance and Governance and the appropriate procurement rules being followed, to explore options for the refurbishment of Clacton Skate Park;

        iii.   Update the Council’s procurement rules to ensure more of the Council’s spending stays within the local economy;

        iv.   Within the parameters of the Council’s financial regulations, make arrangements for a framework to be developed to provide redundant Council IT equipment to disadvantaged young people; and

         v.    Explore options to allocate additional funding towards local organisations providing mental health services to young people.

 

(c)    gives thanks and acknowledges those Members who participated in the consultation on the approach and who had contributed a number of the projects and actions that were now being taken forward.

Minutes:

The Cabinet gave consideration to a report of the Leader of the Council (A.4) which sought its adoption of a Council wide plan to support the District’s recovery from the ongoing Covid-19 pandemic and its agreement to a number of short term actions in advance of a wider delivery plan being adopted.

 

Members were fully aware that Covid-19 had significantly changed the way in which the public worked and lived their lives, as well as impacting on both the national and local Tendring economy.  In its role as a community leader, the Council was committed to supporting the District’s recovery towards a brighter future.

 

It was reported that the ‘Back to Business’ process would be targeted at improvements to the District’s environment/quality of life and support for its residents, businesses and wider local economy in order to recover from the challenges of the Covid-19 pandemic.  The plan would also focus on the Council and its services adapting to the challenges of the pandemic and long term planning for how services would operate moving forward.

   

Cabinet was informed that, following Greater Essex moving into the Tier 2 ‘High Alert’ level for Covid and the subsequent announcement of a national lockdown, this plan and the impending delivery plan, was intended to complement the business support schemes provided through Government and Essex County Council.  It would be a continually evolving agenda which would adapt to the challenges faced by the District’s businesses and residents alike.

 

Members were advised that this Back to Business plan set out the Council’s approach to supporting the District’s recovery from Covid-19 and included a number of short term projects, in advance of a wider action plan being brought forward to Cabinet.  It is recognised that a successful recovery would only be achieved through a collective approach, both within the Council’s range of portfolios and with local businesses, partners and stakeholders.

 

Cabinet was made aware that in order to ensure the Council had sufficient resources to support the delivery of its range of Back to Business actions and projects, it was proposed that a dedicated resource would be provided to deliver this plan.  This resource would be tasked with bringing forward a wider Back to Business delivery plan, with a number of deliverable projects and actions.  This would reflect feedback from the council’s Resources and Services Overview and Scrutiny Committee and the responses from Members following the associated All Member Briefing and subsequent requests from the Portfolio Holder for Corporate Finance and Governance.

 

The Corporate Finance & Governance Portfolio Holder made the following statement:-

 

“The Covid-19 pandemic has significantly changed the way we work and live our lives, as well as impacting on the national and our local Tendring economy. 

 

This Back to Business plan is targeted at supporting the District’s recovery; and we are going to work right across our range of Council Portfolios to support business and residents in bouncing back from the challenges they face.

 

Although there are a number of short term projects included in this  ...  view the full minutes text for item 86.

87.

Cabinet Members' Items - Report of the Corporate Finance and Governance Portfolio Holder - A.5 - Financial Performance Report - In-Year Performance against the Budget at end of the Second Quarter 2020/21 and Long Term Financial Forecast Update pdf icon PDF 162 KB

To provide an overview of the Council’s financial position against the budget as at the end of September 2020 and to present an updated long term forecast.

Additional documents:

Decision:

RESOLVED –

 

(1)    That in respect of the financial performance against the budget at the end of September 2020 -

 

(a)    the position be noted;

 

(b)    the proposed in-year adjustments to the budget, as set out in Appendix H to the Portfolio Holder’s report, be agreed;

 

(c)    the Corporate Director (Place and Economy), in consultation with the Portfolio Holder for Leisure and Tourism, be agreed to amend leisure membership fees in response to the national lock down period and the resumption of a phased approach to reopening up leisure facilities later in the year;

 

(d)    in respect of the Council’s Treasury Management Practices, the aggregate amount of money that can be placed overnight with the Council’s bankers be increased temporarily from £1.000m to £1.500m for each day the offices are closed over the Christmas break; and

 

(e)    the Council continues to be a member of the Essex Business Rates Pool in 2021/22 if it remains financially advantageous to do so.

 

(2)    That in respect of the Updated Long Term Forecast -

 

(a)    the updated forecast be agreed and that the Resources and Services Overview and Scrutiny Committee be consulted on the latest position.

 

 

 

 

 

 

 

 

Minutes:

The Cabinet gave consideration to a report of the Corporate Finance & Governance Portfolio Holder (A.5) which sought to provide it with an overview of the Council’s financial position against the budget as at the end of September 2020 and which presented it with an updated long term forecast.

 

The report was split over two distinct sections as follows:

 

1)  the Council’s in-year financial position against the budget at the end of September 2020; and

 

2)  an updated long term financial forecast.

 

1)     In respect of the in-year financial position at the end of September 2020:

 

It was reported that this report was the first detailed financial performance report for 2020/21 but it built on the report presented to Cabinet in May 2020, which had provided a timely assessment of the impact of COVID 19 on the Council’s financial position.

 

Cabinet was informed that the position to the end of September 2020, as set out in more detail within the report’s appendices, showed that overall the General Fund Revenue Account was underspent against the profiled budget by £6.858m (£4.137m of which related to the timing of expenditure from COVID funding received from the Government). It was acknowledged that other expenditure or income trends might still be emerging with the position also largely reflecting the timing of other general expenditure and/or income budgets. However, any significant issues arising to date had been highlighted and comments provided as necessary within the Portfolio Holder’s report.

 

Members were made aware that in respect of other areas of the budget such as the Housing Revenue Account, capital programme, collection performance and treasury activity, apart from additional details set out in the report, there were no major issues that had been identified to date.

 

Cabinet was reminded that any emerging issues would be monitored and updates provided in future reports which would include their consideration as part of updating the long term financial forecast.

 

Members were advised that some necessary changes to the 2020/21 budget had been identified which were set out in Appendix H to the Portfolio Holder’s report. The same appendix also set out the necessary changes to the budget to reflect the impact of COVID 19, the costs of which to date had been met by the general financial support provided by the Government.

 

It was reported that the net impact of the budget adjustments would be moved to, or from, the Forecast Risk Fund. At the end of the second quarter, it had been possible to make a small contribution to the fund of £41k, which supported the requirement set out in the long term forecast of identifying in-year savings of £500k each year.

 

Cabinet was informed that a half year treasury management review had been carried out with an associated recommendation to Members to temporarily increase the aggregate limit of funds that could be placed overnight with the Council’s bankers for the period that the offices would be closed over the Christmas break.

 

It was proposed by the Portfolio Holder to continue  ...  view the full minutes text for item 87.

88.

Cabinet Members' Items - Joint Report of the Housing Portfolio Holder and the Corporate Finance and Governance Portfolio Holder - A.6 - The Local Council Tax Support Scheme, Discretionary Council Tax Exemptions / Discounts for 2021/22 and Annual Minimum Revenue Provision Policy Statement 2021/22 pdf icon PDF 101 KB

To enable Cabinet to consider and agree for recommending to Full Council the following:

 

·           Local Council Tax Support Scheme  2021/22 (including associated exceptional hardship policy);

·           Discretionary Council Tax Exemptions and Discounts 2021/22; and

·           Annual MRP Policy Statement for 2021/22.

Additional documents:

Decision:

RESOLVED that Cabinet –

 

(a)    agrees that the LCTS scheme for 2021/22 remains the same as the current year,

 

(b)    agrees the Council Tax Exceptional Hardship Policy, as set out in Appendix B to the Joint Report;

 

(c)    requests Officers to undertake the necessary work to develop a council tax discount policy for young people leaving care, for consideration alongside the budget for 2021/22;

 

(d)    agrees that the discretionary Council Tax exemptions and discounts remain unchanged in 2021/22;and

 

(e)    agrees the Annual Minimum Revenue Provision (MRP) Policy Statement for 2021/22.

 

RECOMMENDED TO COUNCIL that -

 

(i)     the Local Council Tax Support Scheme 2021/22 (LCTS), as set out as Appendix A to the Joint Report, be approved with the maximum LCTS award being 80% for working age claimants;

 

(ii)    the Assistant Director (Finance and IT), in consultation with the Housing Portfolio Holder, be authorised to undertake the necessary steps to implement the LCTS scheme from 1 April 2021;

 

(iii)   the locally determined council tax discounts, as set out in Appendix C to the Joint Report, be approved;

 

(iv)  the Assistant Director (Finance and IT), in consultation with the Housing Portfolio Holder, be authorised to undertake the necessary steps to implement the council tax exemptions and discounts from 1 April 2021;

 

(iv)   it is agreed, in principle, to levy the maximum allowable council tax premiums from 1 April 2022 and that Officers be requested to write to the relevant property owners advising them of the Council’s intentions; and

 

(v)    the Annual Minimum Revenue Provision (MRP) Policy Statement for 2021/22, as set out in Appendix D to the Joint Report, be approved.

 

 

 

 

 

 

 

 

Minutes:

The Cabinet gave consideration to a joint report of the Housing Portfolio Holder and Corporate Finance & Governance Portfolio Holder (A.6) which sought its agreement for recommending to Full Council the following:

 

·      Local Council Tax Support Scheme 2021/22 (LCTS) (including associated exceptional hardship policy);

·      Discretionary Council Tax Exemptions and Discounts 2021/22; and

·      Annual MRP Policy Statement for 2021/22.

 

It was reported that given the on-going impact on residents from welfare reforms, including universal credit, it was proposed to continue with the principle of providing some financial stability to Tendring claimants, which was even more important this year given the impact of COVID-19. Therefore it was proposed to keep the 2021/22 LCTS scheme the same as this year. The current scheme provided for a maximum discount of 80% for working age claimants.

 

Cabinet was informed that the associated exceptional hardship policy had also been subject to annual review and it was not proposed to make any changes from the scheme operating this year and so it would remain available to support eligible claimants.

 

In respect of discretionary council tax discounts and exemptions, it was also proposed to continue with the same level of discounts this year with no changes therefore proposed for 2021/22.

 

Members were made aware that the impact of COVID-19 had also delayed the implementation of levying the maximum council tax ‘premium’ on long term empty properties  (originally planned from 1 April 2021) and the consideration of a council tax discount for young people leaving care. However, it was still proposed to implement the maximum council tax ‘premium’ on long term empty properties but from a revised date of April 2022, and Officers would be asked to write to all those property owners likely to be affected as early as possible in 2021/22 in order to provide them with adequate time to respond to this potential change.

 

In respect of implementing a council tax discount for young people leaving care, it was proposed to develop a policy alongside the budget for 2021/22 rather than wait until the general review of discounts was undertaken again in November next year. It was also proposed to back date the policy to April 2020 so no one would lose out due to the delay caused by COVID-19.

 

The Annual Minimum Revenue Provision Policy Statement had also been reviewed for 2021/22 with no changes proposed.

 

Cabinet was advised that if it was agreed that no changes were necessary to the proposed LCTS scheme, there would be no need for public consultation. However, if any amendments were proposed and approved at Full Council on 24 November 2020, then public consultation would be required before the final scheme could be agreed and adopted.  Consequently, if consultation was required, this Council would have to notify the precepting authorities that the final council tax base would be delayed and not available until late in the budget cycle.

 

Having considered the proposals submitted by the Cabinet and in order to enable these matters to be forwarded onto Full Council for  ...  view the full minutes text for item 88.

89.

Cabinet Members' Items - Report of the Corporate Finance and Governance Portfolio Holder - A.7 - Fixed Penalty Notices - Setting Fines pdf icon PDF 77 KB

To seek approval from Cabinet for a new set of Fixed Penalty Notices for certain offences and fines.

Additional documents:

Decision:

RESOLVED that Cabinet –

 

(a)     supports the use of enforcement powers where necessary and formally adopts the associated fines for the set of offences and the Fixed Penalty Notices, as set out in Appendix A to the Portfolio Holder’s report; and going forward

 

(b)     authorises the Portfolio Holder with the delegated responsibility for Corporate Enforcement, in consultation with Officers, to revise the fees for Fixed Penalty Notices upon future reviews.

 

 

Minutes:

The Cabinet gave consideration to a report of the Corporate Finance & Governance Portfolio Holder (A.7) which sought its approval for a new set of Fixed Penalty Notices in relation to certain offences and fines.

 

It was reported that a review of the Council’s Fixed Penalty Notices had been undertaken and a new set of refreshed Fixed Penalty Notices (FPNs) was now proposed using current legislation to format certain offences and to set the fines associated with them.

 

Cabinet was made aware that the set of offences detailed in the Portfolio Holder’s report was set apart from the FPN process used by the Civil Environment team within the Public Realm department where principally those notices were used against parking infringements within carparks owned by this Council.

 

Members were informed that the offences considered in this current review were largely person and problem related, and were not always linked to a motor vehicle.  Often wider considerations such as checking with other agencies to establish if warnings had previously been given, needed to be made as part of the decision making process in those set of offences, thus needing a more local, less automated approach.

 

Cabinet was reminded that the Anti-Social Behaviour legislation had been updated in 2014 and could be used in managing a whole range of issues ranging from neighbour disputes through to instances of persistent nuisance caused by the fly tipping of rubbish.

 

Members recalled that, in 2015, a set of Tendring District Council and Essex Police Fixed Penalty Notices had been produced. Over time their use had diminished. Supplementary systems including a suitable I.T platform was now accessible and was a useful component in management, providing an inventory of occurrences, and a repository of management decisions often needed prior to taking the step to issuing an enforcement ticket.

 

Having duly considered the proposed new set of Fixed Penalty Notices:-

 

It was moved by Councillor G V Guglielmi, seconded by Councillor P B Honeywood and:-

 

RESOLVED that Cabinet –

 

(a)     supports the use of enforcement powers where necessary and formally adopts the associated fines for the set of offences and the Fixed Penalty Notices, as set out in Appendix A to the Portfolio Holder’s report; and going forward

 

(b)     authorises the Portfolio Holder with the delegated responsibility for Corporate Enforcement, in consultation with Officers, to revise the fees for Fixed Penalty Notices upon future reviews.

 

 

90.

Cabinet Members' Items - Report of the Environment & Public Space Portfolio Holder - A.8 - Future Port Health Arrangements at Tendring Ports pdf icon PDF 80 KB

To update Cabinet on the Border Operating Model from 31st December 2020 and seek approval for a joint arrangement with Suffolk Coastal Port Health Authority in respect of the provision of imported food controls at Tendring ports.

Decision:

RESOLVED that Cabinet –

 

a)         notes the anticipated increase in demand for Tendring Port Health Authority following the end of the EU exit Transition Period based on current assumptions;

 

b)         acknowledges the continuation of the joint arrangements with East Suffolk Council and Suffolk Coastal Port Health Authority and that a new legal agreement is necessary;

 

c)         notes the reliance of Regulation 12(7) of the Public Contract Regulations 2015 to enter into a direct joint arrangement with East Suffolk Council and Suffolk Coastal Port Health Authority for the shared aim of delivering Port Health Authority functions and the public interest in doing so;

 

d)         authorises the exemption to the Council’s Procurement Procedure Rules to allow a direct agreement to be entered into;

 

e)         agrees that until further reviewed by the Portfolio Holder for Environment & Public Space the Fees and Charges for the Port Health Authority functions should be set in line with those published by Suffolk Coastal Port Health Authority or those suggested by the Government in due course, whichever are the highest;

 

f)          approves the delegation of the necessary Port Health Authority functions to Suffolk Coastal Port Health Authority, which will be recorded within the Council’s Scheme of Delegation and clearly set out within the legal agreement; and

 

g)         authorises the Corporate Director (Operations & Delivery) to negotiate the final terms and conditions of the legal agreement, in consultation with the Portfolio Holder for Environment & Public Space and the Council’s Section 151 Officer and the Monitoring Officer.

 

 

Minutes:

The Cabinet gave consideration to a report of the Environment & Public Space Portfolio Holder (A.8) which both updated it on the Border Operating Model from 31st December 2020 and also sought its approval for a joint arrangement with Suffolk Coastal Port Health Authority in respect of the provision of imported food controls at Tendring ports.

 

Members were aware that from 2300 hrs on 31st December 2020 the European Union (EU) transition period would end and a new Border Operating Model would commence.

 

It was reported that currently, the imported food control related operations at Tendring ports was carried out by Suffolk Coastal Port Health Authority (SCPHA) on behalf of the Tendring Port Health Authority. This was a low scale service as the majority of incoming goods were from the EU and were not subjected to any checks or inspection regime.

 

Cabinet was informed that the new Border Operating Model would introduce a requirement for goods entering the UK from the EU to be subjected to monitoring, checking and sampling as was currently the case for goods from the rest of the world. The volume of goods from the EU requiring checks was unknown and currently based on estimates provided from central Government. Therefore, a substantially increased port health function, primarily at Harwich, was necessary. From July 2021 the UK Government currently estimated that up to 22,334 import consignments would contain products subject to port health controls whereas currently only around 23 met the criteria.

 

Members were made aware that, as to whether physical checks would need to undertaken for all imports or only carried out on a proportionate risk based approach was unknown at the current time as the necessary policy and guidance was still awaited from central Government.

 

The current arrangements with SCPHA were therefore required to be up-scaled accordingly.

 

Having duly considered the information contained in the Portfolio Holder’s update:-

 

It was moved by Councillor Talbot, seconded by Councillor McWilliams and:-

 

RESOLVED that Cabinet –

 

a)         notes the anticipated increase in demand for Tendring Port Health Authority following the end of the EU exit Transition Period based on current assumptions;

 

b)         acknowledges the continuation of the joint arrangements with East Suffolk Council and Suffolk Coastal Port Health Authority and that a new legal agreement is necessary;

 

c)         notes the reliance of Regulation 12(7) of the Public Contract Regulations 2015 to enter into a direct joint arrangement with East Suffolk Council and Suffolk Coastal Port Health Authority for the shared aim of delivering Port Health Authority functions and the public interest in doing so;

 

d)         authorises the exemption to the Council’s Procurement Procedure Rules to allow a direct agreement to be entered into;

 

e)         agrees that until further reviewed by the Portfolio Holder for Environment & Public Space the Fees and Charges for the Port Health Authority functions should be set in line with those published by Suffolk Coastal Port Health Authority or those suggested by the Government in due course, whichever are the highest;

 

f)          approves the  ...  view the full minutes text for item 90.

91.

Management Team Items

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Minutes:

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