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Agenda, decisions and minutes

Venue: Tewkesbury Borough Council Offices, Severn Room

Contact: Democratic Services Tel: 01684 272021  Email:  democraticservices@tewkesbury.gov.uk

Items
No. Item

27.

Announcements

When the continuous alarm sounds you must evacuate the building by the nearest available fire exit. Members and visitors should proceed to the visitors’ car park at the front of the building and await further instructions (during office hours staff should proceed to their usual assembly point; outside of office hours proceed to the visitors’ car park). Please do not re-enter the building unless instructed to do so.

 

In the event of a fire any person with a disability should be assisted in leaving the building.  

Minutes:

27.1           The evacuation procedure, as noted on the Agenda, was advised to those present.

28.

Apologies for Absence and Substitutions

To receive apologies for absence and advise of any substitutions. 

Minutes:

28.1           Apologies for absence were received from Councillors M Dean, M A Gore, C Softley, R J Stanley and R J E Vines. Councillor P W Ockelton would be acting as a substitute for the meeting.  

29.

Declarations of Interest

Pursuant to the adoption by the Council on 26 June 2012 of the Tewkesbury Borough Council Code of Conduct, effective from 1 July 2012, as set out in Minute No. CL.34, Members are invited to declare any interest they may have in the business set out on the Agenda to which the approved Code applies.

Minutes:

29.1           The Committee’s attention was drawn to the Tewkesbury Borough Council Code of Conduct which was adopted by the Council on 26 June 2012 and took effect from 1 July 2012.

29.2           There were no declarations of interest made on this occasion.

30.

Minutes pdf icon PDF 115 KB

To approve the Minutes of the meeting held on 6 July 2022.

Minutes:

30.1           The Minutes of the meeting held on 6 July 2022, copies of which had been circulated, were approved as a correct record and signed by the Chair.  

31.

Items from Members of the Public

To receive any questions, deputations or petitions submitted under Rule of Procedure 12.

 

(The deadline for public participation submissions for this meeting is 24 August 2022)

Minutes:

31.1           There were no items from members of the public.  

32.

Executive Committee Forward Plan pdf icon PDF 85 KB

To consider the Committee’s Forward Plan.  

Subject To Call In:: No - Item to Note.

Decision:

That the Committee’s Forward Plan be NOTED.   

Minutes:

32.1           Attention was drawn to the Committee’s Forward Plan, circulated at Pages No. 12-19. Members were asked to consider the Plan.

32.2           It was

33.

Financial Update - Quarter One 2022/23 pdf icon PDF 86 KB

To consider the quarterly budget position.

Subject To Call In:: No - Item to Note.

Additional documents:

Decision:

That the financial performance information for the first quarter of 2022/23 be NOTED.  

Minutes:

33.1           The report of the Head of Finance and Asset Management, circulated at Pages No. 20-30, set out the financial update for quarter one of 2022/23 which Members were asked to consider.

33.2           The Head of Finance and Asset Management explained that the report highlighted a projected outturn surplus of £275,461 on the revenue budget and detailed the expenditure to date against both the capital programme and approved reserves. It was noted that the forecast currently included the budgeted assumption of a 2% pay award for staff; however, the pay request made by Unions and the recent offer made by the employers’ side were both significantly in excess of this which reflected the push of the anticipated National Living Wage and current inflationary impacts. Once agreed, it was expected that additional full year costs of a minimum £300,000 would be incurred and a pay award reserve of £500,000 had been set aside to meet the in-year impact.

33.3           In terms of service expenditure, the full-year projection for employees highlighted a potential gross surplus of £591,914; it should, however, be noted that within the Council’s corporate expenditure was a target to save £100,000 from employment costs across the Council. The net position was therefore a surplus against a target of £491,914. Savings were expected due to high levels of turnover and a number of vacant posts – this had affected many service areas including One Legal, Development, Democratic and Corporate Services. Included within employment costs was an assumed 2% pay award for April 2022. In early June, the Unions had submitted a pay claim which requested an increase of £2,000 or the current rate of Retail Price Index (RPI), whichever was greater, for every scale point plus several other significant changes to terms and conditions. The employers side responded in late July with an offer of £1,925 on every scale point plus an additional day of annual leave. The size of the claim and offer was being driven by the need to increase the lowest scale point by an estimated 10.5% to meet the expected National Living Wage. The need to increase the bottom scale point by that size meant there was a significant implication for all other scale points. In addition, the current inflationary pressures, coupled with the cumulative impact of zero or low pay awards, were driving significantly higher pay claims than would have been imagined 12 months ago. The Council would have to meet the costs of the pay award, once agreed, from its own resources which was the reason for establishing the reserve.

33.4           Premises costs highlighted a projected overspend of £36,619 and it was expected that programmed maintenance costs would exceed the budget by £25,000; any overspend in the year would be funded from the asset maintenance reserve. Due to One Legal now occupying the top floor office space within the Public Service Centre, the business rates had risen as they could no longer be recharged. There was a projected saving of £13,772 for transport costs,  ...  view the full minutes text for item 33.

34.

Counter Fraud and Anti-Corruption Policy pdf icon PDF 75 KB

To approve the Counter Fraud and Anti-Corruption Policy together with the delegation of authority to the Head of Finance and Asset Management, in consultation with the Counter Fraud and Enforcement Unit, One Legal and the Lead Member for Corporate Governance, to agree future minor amendments to the Policy, in accordance with a recommendation of the Audit and Governance Committee arising from its meeting on 20 July 2022.

Subject To Call In:: Yes - No action to be taken prior to the expiry of the call-in period.

Additional documents:

Decision:

1.         That the Counter Fraud and Anti-Corruption Policy, as attached to the report at Appendix 1, be APPROVED.

2.         That authority be delegated to the Head of Finance and Asset Management, in consultation with the Counter Fraud and Enforcement Unit, One Legal and the Lead Member for Corporate Governance, to approve future minor amendments to the Policy.  

Minutes:

34.1           The report of the Counter Fraud and Enforcement Unit Head of Service, circulated at Pages No. 31-48, presented an updated Counter Fraud and Anti-Corruption Policy which Members were asked to approve. The Committee was also asked to delegate authority to the Head of Finance and Asset Management, in consultation with the Counter Fraud and Enforcement Unit, One Legal and the Lead Member for Corporate Governance, to approve future minor amendments to the Policy.

34.2           The representative from the Counter Fraud and Enforcement Unit explained that the Policy had been updated with the changes highlighted in red. There were not very many changes but sections had been inserted relating to money laundering and proceeds of crime and to modern slavery which detailed the Council’s responsibilities. It had also been refreshed to reflect the growth of the Counter Fraud and Enforcement Unit work streams and responsibilities relating to risk and the change of name of the unit. The Policy had already been to the Audit and Governance Committee for consideration and that Committee had reviewed it and recommended it to the Executive Committee for approval.

34.3           Upon being put to the vote, it was

Action By: HF&AM

35.

Public Space Protection Order - Dog Control pdf icon PDF 87 KB

To recommend to Council that the Public Space Protection Order relating to dog control is implemented under S.59 of the Antisocial Behaviour, Crime and Policing Act 2014.

Subject To Call In:: No - Recommendation to Council.

Additional documents:

Decision:

That it be RECOMMENDED TO COUNCIL that the Public Space Protection Order relating to dog control be implemented under Section 59 of the Antisocial Behaviour, Crime and Policing Act 2014.  

Minutes:

35.1           The report of the Principal Environmental Health Officer, circulated at Pages No. 49-60, summarised the findings from a dog-related Public Spaces Protection Order consultation which was undertaken in May and June 2022. Informed by the consultation, the Committee was asked to recommend to Council that the Public Space Protection Order 2022 relating to dog control be implemented.

35.2           The Environmental Health Manager explained that the new Order would cover the whole Borough for a period of three years and would introduce two additional offences in addition to the previous 2018 Order: to make it an offence to allow a dog into a children’s play park which has been designated to exclude dogs – this would include all fenced/enclosed children’s playgrounds; and to make it an offence for anyone who had committed an offence under the Order to refuse to give their name, address and date of birth when asked by an authorised Officer – equally, giving a false or inaccurate name, address or date of birth to an authorised Officer would also be considered an offence under the Order.  The outcome of the public consultation was summarised in Section 3 of the report with the full details contained in Appendix 4. In total there had been 226 responses – 207 of which were residents in Tewkesbury Borough – with the majority of people being in support of the introduction of a Dog Control Public Space Protection Order. There were several comments/questions raised about how the Order would be enforced and the Environmental Health Manager explained that the Environmental Health Team would undertake patrols of areas which were identified as hot spots. The Regulation of Investigatory Powers Act 2000 (RIPA) legislation meant patrols had to be carried out overtly with Officers clearly identifiable and visible; whilst it was unlikely most people would allow their dogs to foul while Officers were present, they would act as a deterrent. Officers would also investigate reports from the public of people not complying with the Order and Fixed Penalty Notices could be served where a witness statement from a member of the public, or other supporting agency, had been provided.

35.3           During the discussion which ensued, a Member questioned why the Order was only made for three years at a time and also whether the Council promoted prosecutions. In response, the Environmental Health Manager advised that the requirement was for a three year period and the Council produced press releases and social media posts when it undertook prosecutions. In response to a query as to whether local Officers could be trained as well as Council Officers, the Environmental Health Manager explained that consideration had been given to the authorisation of external Officers previously but it had been decided this was not necessary as the Council was happy to share intelligence and work with local contacts providing intelligence on hotspot areas. Officers were also happy to take witness statements from Parish Councils as they were the ‘eyes and ears on the ground’ and were happy  ...  view the full minutes text for item 35.

Action By: HComS