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Agenda, decisions and minutes

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

1.

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:

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

2.

Apologies for Absence and Substitutions

To receive apologies for absence and advise of any substitutions. 

Minutes:

2.1            Apologies for absence were received from Councillors D W Gray and A Hegenbarth.  There were no substitutes for the meeting.  

3.

Declarations of Interest

Pursuant to the adoption by the Council on 24 January 2023 of the Tewkesbury Borough Council Code of Conduct, effective from 1 February 2023, as set out in Minute No. CL.72, 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:

3.1            The Committee’s attention was drawn to the Tewkesbury Borough Code of Conduct which was adopted by the Council on 24 January 2023 and took effect on 1 February 2023

3.2            The following declarations were made:

Councillor

Application No./Item

Nature of Interest (where disclosed)

Declared Action in respect of Disclosure

J R Mason

Item 9 – Cleeve Hill Golf Clubhouse Write-Off.

Was a Member of Cleeve Hill Golf Club until 2020.

Would speak and vote.

3.3            There were no further declarations made on this occasion.

4.

Minutes pdf icon PDF 168 KB

To approve the Minutes of the meeting held on 20 March 2024.

Minutes:

4.1            The Minutes of the meeting held on 20 March 2024, copies of which had been circulated, were approved as a correct record and signed by the Chair. 

5.

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 Thursday 11 July 2024)

Minutes:

5.1            There were no items from members of the public. 

6.

Feedback from Chair of the Overview and Scrutiny Committee

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

Decision:

That the feedback from the Chair of the Overview and Scrutiny Committee be NOTED

Minutes:

6.1             The Chair of the Overview and Scrutiny Committee was invited to provide feedback from the last meeting of the Committee held on 26 March 2024.

6.2             The Chair of the Overview and Scrutiny Committee advised that Members had considered the financial update report for the third quarter of 2023/24 and were broadly content with the stated position.  The lack of overall debt recovery targets was noted, as it was the intent for the Audit and Governance Committee to take a more active role in debt management.  It was noted that the Lead Member for Customer Focus had attended the meeting in relation to the Customer Care Strategy and the Overview and Scrutiny Committee had welcomed the introduction of a new set of Care Standards and the omnichannel customer care portal.  Questions had been raised about the appropriateness of the Citizens’ Panel, particularly in terms of representing the diversity of the community, and asked for this to be investigated further.  The Committee had found it disappointing that there were no meaningful metrics to assess the success, or otherwise, of the Customer Care Strategy and hoped that any new strategy would ensure that it could be effectively and meaningfully scrutinised.  It was felt that the governance of customer care needed to be tidied up going forward – currently both the Overview and Scrutiny Committee and Transform Working Group provided scrutiny – and, as Chair of the Overview and Scrutiny Committee, he would speak with the Lead Member about the best way forward.  Since the meeting in March, the Committee had spoken with the Lead Member in relation to the Housing and Homelessness Strategy Action Plan to express the view that, whilst the actions delivered by the team were laudable, the strategy was currently too ambitious rather than being focused on what was achievable and did not provide the ability to measure progress and effectively communicate real success to the community.  It was noted that a revised strategy was being developed and would come before the Overview and Scrutiny Committee in October.  With regard to the Depot Services Working Group annual report, it was noted that the Working Group continued to have its finger on the pulse of in-year delivery of Ubico services; the future of the Working Group would be discussed as part of the development of the new Overview and Scrutiny Committee Work Programme.  The Chair indicated that the Committee was looking forward to scrutinising the work delivered under the new Council Plan; however, it was recognised that its Work Programme was likely to come under some pressure given the ambitions within the plan and the new and revamped strategies and action plans being considered.  Members of the Overview and Scrutiny Committee were holding preliminary conversations with Lead Members and Officers about the best time for the Overview and Scrutiny Committee to consider policies and strategies over the next 12 months.  To date, meetings had been held with the Lead Members for Economic Development, Environmental Services, Health and Wellbeing, Housing  ...  view the full minutes text for item 6.

7.

Feedback from Chair of Audit and Governance Committee

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

Decision:

That the feedback from the Chair of the Audit and Governance Committee be NOTED

Minutes:

7.1             The Vice-Chair of the Audit and Governance Committee was invited to feedback on the last meeting of the Committee held on 27 March 2024.

7.2             The Vice-Chair of the Audit and Governance Committee advised that he had chaired the meeting on 27 March where five key elements had been discussed.  Firstly, Members had considered the external audit annual report which was the final report from the outgoing auditors, Grant Thornton, and looked at the Council’s value for money arrangements.  Overall, it was a positive report with only a small number of recommendations including the involvement of Overview and Scrutiny in the financial management process; improving public consultation on budget proposals; and development of a data strategy.  All recommendations were accepted by management and scheduled for implementation.  At the same meeting, the new external auditors, Bishop Fleming, had introduced its annual work plan and the Committee looked forward to a constructive working relationship with them.  Members would recall an internal audit report in relation to Section 106 was presented to the Audit and Governance Committee in January.  The findings of the audit regarding elements of the Section 106 process had not been positive and the Committee had requested that an action plan in response to those findings be brought back for its consideration.  A prompt management response had resulted in an action plan being presented at the meeting; however, Members had expressed disappointment in what had been put forward with his view being that the plan was fairly light, and largely a regurgitation of the audit recommendations, which failed to inspire confidence it would be delivered against.  Whilst the action plan tried to cover the audit recommendations, through discussion it was evident the whole Section 106 process needed to be reviewed and, therefore, a more comprehensive action plan was required.  In terms of the internal audit recommendations, he was aware the team was in the process of following-up those recommendations and the outcome would be reported to the Committee in September.  At each Committee meeting, the Internal Audit team presented the work undertaken since the previous meeting and it was very positive to receive reports of a substantial audit opinion in relation to the administration of the Council Tax Reduction Scheme and recycling credits.   The Committee had also approved the Internal Audit team’s six-monthly plan - the breadth of the work to be undertaken ranged from the UK Shared Prosperity Fund, to flood recovery grants and licensing.  He encouraged all Lead Members to keep abreast of the planned audit work in their portfolio areas.  The Committee had also considered the Corporate Risk Register, a high-level document that captured the Council’s key risks and how they were being managed.  These ranged from cyber security and financial sustainability to delivery of climate emergency work.  External audit had recommended there should be wider oversight of the risk register and bringing this document to Executive Committee, as well as the Audit and Governance Committee, in future would seem an appropriate way forward.  

7.3             A  ...  view the full minutes text for item 7.

8.

Financial Outturn Report pdf icon PDF 131 KB

To consider the Council’s general fund outturn for 2023/24, the financing of the capital programme and the annual treasury management report and performance and to approve the transfers to and from earmarked reserves. 

Subject To Call In:: 1. No - Item to note. 2. Yes - No action to be taken prior to the expiry of the call-in period.

Additional documents:

Decision:

1.     That the Council’s general fund outturn for 2023/24, the financing of the capital programme and the annual treasury management report and performance be NOTED.

 

2.     That the transfers to and from earmarked reserves be APPROVED.

Minutes:

8.1             The report of the Associate Director: Finance, circulated at Pages No. 15-46, highlighted the Council’s financial performance for the previous year, setting out the General Fund and capital outturn positions.  Members were asked to consider the General Fund outturn for 2023/24, the financing of the capital programme and the annual treasury management report and performance; and to approve the transfers to and from earmarked reserves.

8.2             In introducing the report, the Lead Member for Finance and Asset Management felt it should be noted that the report had been put together during a period of high intensity for Officers with them having to close the financial year, whilst also supporting the delivery of the Parliamentary election, as well as having auditors undertaking their work related to the accounts and year end.  Reporting on the quarter 3 position, the Executive Committee had been updated in March that a forecast £202,000 surplus was anticipated by the end of the financial year.  From reading the report, Members would note that the Council had performed significantly better than predicted with a final outturn of £2.9m surplus.  It should be noted that a transfer of £1.49m to externally ringfenced reserves was required, which left an overall surplus of £1.4m.  As had been the case throughout the year, some areas had overspent whilst there had also been higher levels of income than expected elsewhere.  He had picked out some key details which included a surplus of £1.9m in services expenditure largely due to the cost of employees being £218,000 under budget; however, it should be noted that there was a target within the Council’s corporate expenditure to save £209,000 from employment costs across the Council which reduced the predicted underspend to £9,000.  Payments to third parties showed a £550,000 overspend which included an additional £235,000 for the Materials Recovery Facility (MRF) gate fee, and emergency homeless accommodation costs were £128,000 over budget due to increased demand. Externally funded projects showed an underspend of £1.03m due to phasing of funding and project delivery – these funds had been transferred into reserves for use when required.  Income showed a £1.5m surplus, primarily linked to payments including the Council being awarded a significant costs claim against two defendants in health and safety cases, planning fees and Community Infrastructure Levy (CIL) administration fees.  It was noted that corporate expenditure was in surplus by £919,000 with the main reasons being an additional £539,000 of treasury investment income compared to budget as a result of the high interest rates and timely management decisions, and business rates retention being £222,000 higher than budget.  With regard to capital budget and reserves, set out at Appendices B and D respectively, spending was broadly in line within the approved budgets.  It was worth noting that capital spend was approximately £550,000 underspent due to longer than expected lead times for new vehicles and would now be purchased in the next financial year, as well as a £280,000 underspend on the installation of the new heating system for  ...  view the full minutes text for item 8.

Action By: EDR

9.

Cleeve Hill Golf Clubhouse Write-Off pdf icon PDF 79 KB

To approve the write-off of £74,166.46 for The Share Club Ltd due to the company being dissolved and Tewkesbury Borough Council not being a preferential creditor. 

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

Decision:

That the write-off of £74,166.46 for The Share Club Ltd, due to the company being dissolved and Tewkesbury Borough Council not being a preferential creditor, be APPROVED.

Minutes:

9.1             The report of the Director: Corporate Resources, circulated at Pages No. 47-49, asked Members to approve the write-off of £74,166.46 for The Share Club Ltd due to the company being dissolved and Tewkesbury Borough Council not being a preferential creditor.

9.2             In introducing the report, the Lead Member for Finance and Asset Management explained that Members would recall that this item was deferred from the previous meeting and, with regret, the Committee was being asked to approve a write-off due to The Share Club Ltd having been dissolved and the Council not being classed as a preferential creditor.  This dated back to late 2018 through to early 2021, with invoices for rent not being paid by The Share Club Ltd which had been leasing the Cleeve Hill Golf Clubhouse from the Council at the time.  The organisation was facing financial difficulties, heightened due to the pandemic, and ultimately dissolved in March 2023.  Unfortunately, there was no chance of the Council being able to claim this sum back.

9.3             A Member asked whether the Council could be in a similar position in the future in terms of not being a preferential creditor and the Executive Director: Resources advised that Cleeve Hill Golf Club had a new tenant who was up to date with payments so no problems were envisaged in that regard.  The Associate Director: Finance indicated that, if a company was insolvent, all creditors were assessed and paid in preferential order with staff being paid first – Tewkesbury Borough Council was at the bottom of the list and, in this case, there was no money left so it would not receive anything. 

9.4             A Member pointed out that Cleeve Hill Golf Club had always been advertised as a municipal golf course and asked if there were any plans for the Council to invest in the facilities for community benefit.  In response, the Executive Director: Resources advised there was no plan for the Council itself to invest; however, the new tenant planned to invest significantly in the facility and a long term lease had been granted based on its plans for the redevelopment of the clubhouse and surrounding area and a draft plan was expected later this year. 

9.5             It was proposed, seconded and

Action By: EDR

10.

Safeguarding Policy pdf icon PDF 76 KB

To approve the revised Safeguarding Policy.  

Subject To Call In:: No - Item deferred to next meeting.

Additional documents:

Decision:

That the Safeguarding Policy be DEFFERED to the Executive Committee meeting on 4 September 2024 in order to incorporate the amendments and additions requested by Members.

Minutes:

10.1          The report of the Community Safety Team Leader, circulated at Pages No. 51-67, asked Members to adopt the revised Safeguarding Policy and to delegate authority to the Director: Communities in consultation with the relevant Lead Member to make minor and inconsequential amendments to the policy.

10.2          The Head of Service: Environmental Health advised that the Council had a legal obligation to consider the safeguarding needs of both children and vulnerable adults when discharging its functions and conducting its operations.  In 2020, the Council adopted a Safeguarding Policy which set out the Council’s arrangements to deliver its safeguarding obligations.  This report concerned a recent review of the policy to ensure that it was fit for purpose and reflected current professional best practice.  Paragraph 2 of the report outlined the key changes and updates which included: increased detail on the safeguarding training expectations for Members and Council employees, specifically all front-line staff being required to complete at least level 1 safeguarding training every two years, and Council staff working directly with children and vulnerable adults being required to undertake higher level face to face training, with Members having an in person briefing every four years; recognition that some Members and employees may require a higher level of training dependent on their role within the organisation; and updated contact details for key Council personnel and external agencies involved in the safeguarding referral process.

10.3          A Member drew attention to Page No. 57 of the report which set out who the Council’s Safeguarding Officers were but did not provide contact details, and similarly, Page No. 65, bullet point three which stated “if you are not sure what to do your first response should be to contact a Line Manager, Deputy Safeguarding Lead or Designated Safeguarding Lead (DSL)…”.  In addition, Page No. 65, bullet point eight referred to passing a completed form to the DSL but did not explain what the form was or where to get it from.  The last bullet point mentioned that the DSL must report the incident or seek advice from LCC Children Services and she asked whether that was Gloucestershire County Council.  In response, the Community Safety Team Leader explained that Officer names and contact details were not included in the policy as it could easily become out of date with changes to personnel; however, it was possible for the DSL information to be included on the Tewkesbury Borough Council Contact Details Sheet which was available on the Members’ section of the intranet and circulated to Members by email as and when it was updated.  Another Member pointed out that Page No. 57 included the Director: Communities as ‘Safeguarding Lead’ but should read ‘Designated Safeguarding Lead’.  The Chief Executive acknowledged that Page No. 57 also referred to the Associate Director: People, Performance and Culture as a Deputy Safeguarding Lead; however, Members would be aware there was currently nobody in that post, as such, there were only two Deputy Safeguarding Leads. 

10.4          In response to a query as to  ...  view the full minutes text for item 10.

Action By: DC

11.

Food Safety Service Plan 2024/25 pdf icon PDF 91 KB

To approve the Food Safety Service Plan 2024/25. 

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

Additional documents:

Decision:

That the Food Safety Service Plan 2024/25 be APPROVED

Minutes:

11.1          Attention was drawn to the report of the Head of Service: Environmental Health, circulated at Pages No. 69-90, which attached, at Appendix 1, the draft Food Safety Service Plan 2024/25.  Members were asked to approve the plan.

11.2          The Lead Member for Environmental Services explained that Tewkesbury Borough Council was the statutory competent authority responsible for the enforcement of food safety legislation in the borough.  As such, it was required by the Food Standards Agency to publish an annual Food Safety Service Plan. The purpose of the plan was to set out the Council’s arrangements for the delivery of official food controls which included inspections, audits, sampling and enforcement interventions.  The draft plan for 2024/25 was set out at Appendix 1 to the report.  Paragraph 2 of the report summarised the key targets for the service which included: a commitment to inspect 100% of all high and medium risk food businesses within one month from their inspection due date; a commitment to inspect 100% of all low-risk food businesses within the 2024/25 year; a commitment to take at least 40 samples to verify compliance with food safety requirements and to respond to 100% of infectious disease notifications within the relevant timescales in line with standard operating procedure which indicated food borne illness including reports of Salmonella, E.coli, Campylobacter, Listeria and Clostridium.  Paragraph 2 also set out the Councils internal arrangements for Officer competency and performance monitoring which included: an authorised Officer to be subject to at least one validation visit with the Council’s Lead Food Officer; the Lead Food Officer to periodically review inspection reports; and authorised Officers to participate in both national and regional consistency exercises.  Although the delivery of the plan was anticipated to require two full-time equivalent authorised Officers, it was not expected that any additional resource would be needed to meet the targets set out. 

11.3          A Member drew attention to the legal implications section of the covering report, set out at Page No. 69, and indicated that two of the regulations listed appeared to be the same.  In response, the Head of Service: Environmental Health clarified this was an error and the Council was responsible for enforcing the provisions of Regulation (EC) 852/2004, Regulation (EC) 853/2004 and Regulation (EC) 854/2004.  The Member went on to draw attention to Page No. 76 of the report and the ‘Organisational structure’ section of the Food Safety Service Plan which referred to the ‘Clean and Green’ portfolio and pointed out this was now the ‘Environmental Services’ portfolio.  In response to a query as to whether local Members should be notified when there were issues with food premises in their areas, the Head of Service: Environmental Health advised that a Member Update would be circulated to all Members if a premises was being closed, or if there was an urgent public health risk.  He pointed out that anyone could search for businesses which were zero rated on the Food Standards Agency website but would be happy to contact Ward  ...  view the full minutes text for item 11.

Action By: DC

12.

Appointment to Community Infrastructure Levy Joint Committee pdf icon PDF 121 KB

To ratify the appointment of the Leader of the Council as Tewkesbury Borough Council’s Committee Member on the Community Infrastructure Levy (CIL) Joint Committee and the Lead Member for Planning and Place Making as the substitute Member.

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

Decision:

That the appointment of the Leader of the Council as Tewkesbury Borough Council’s Committee Member on the Community Infrastructure Levy (CIL) Joint Committee, and the Lead Member for Planning and Place Making as the substitute Member, be RATIFIED.

Minutes:

12.1          The report of the Community Infrastructure Levy Manager, circulated at Pages No. 91-94, asked Members to ratify the appointment of the Leader of the Council and the Lead Member for Planning and Place Making as the Committee Member and Reserve Member on the Community Infrastructure Levy (CIL) Joint Committee respectively.

12.2          The Lead Member for Planning and Place Making advised that, on 23 January 2024, the Council had approved the establishment of a CIL Joint Committee with Cheltenham Borough and Gloucester City Councils.  At the Executive Committee meeting held on 10 January 2024, the Leader had stated that he would be the Committee Member and the Lead Member for Built Environment – as it was at the time - would be the Reserve Member on the Joint Committee but that had not formed part of the formal resolution.

12.3          Accordingly, it was proposed, seconded and

Action By: ADP

13.

Productivity Plans pdf icon PDF 95 KB

To note the use of urgency powers to establish a Productivity Plan Member Working Group to oversee the development of the plan and to delegate authority to the Executive Director: Resources, in conjunction with the Member Working Group, to finalise and submit the Productivity Plan.

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

Decision:

That the use of urgency powers to establish a Productivity Plan Member Working Group to oversee the development of the plan, and to delegate authority to the Executive Director: Resources, in conjunction with the Member Working Group, to finalise and submit the Productivity Plan, be NOTED.

Minutes:

13.1          Attention was drawn to the report of the Executive Director: Resources, circulated at Pages No. 95-98, which asked Members to note the use of urgency powers to establish a Productivity Plan Member Working Group to oversee the development of the plan and to delegate authority to the Executive Director: Resources, in conjunction with the Member Working Group, to finalise and submit the Productivity Plan.

13.2          The Chair, as Leader of the Council, explained that the previous government had set out that it wanted to see efficiencies from local government as part of additional funding in the Local Government Finance Settlement for 2024/25.  Officers had worked quickly to establish a Working Group to submit the Productivity Plan by the deadline of 19 July 2024 and Members were asked to note the use of urgency powers in order to achieve that.  The Executive Director: Resources advised that the draft plan had been circulated to Members earlier that day; whilst it was a working document, it gave a feel of the document being submitted to the government.  The Chair expressed the view that the plan which had been produced was a positive document about the work Tewkesbury Borough Council had been doing to drive efficiencies.  The Chief Executive advised that the Ministry of Housing, Communities and Local Government (MHCLG) had confirmed the new government was still keen on doing this and it was important to show the authority was efficient and effective and carrying out transformative work in view of potential cuts in public sector funding – this was something Tewkesbury Borough Council was already doing so it was hoped that would stand the authority in good stead.

13.3          A Member asked if this was something which ought to be promoted publicly to demonstrate efficiency to members of the public and the Chair agreed that positive communications would be helpful to make a case for what the Council was doing.  It was subsequently proposed, seconded and

Action By: EDR

14.

Executive Committee Forward Plan pdf icon PDF 414 KB

To consider the Committee’s Forward Plan.  

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

Decision:

That the Executive Committee’s Forward Plan be NOTED.

Minutes:

14.1          Attention was drawn to the Executive Committee Forward Plan, circulated at Pages No. 99-116, which Members were asked to consider.

14.2          Accordingly, it was

15.

Separate Business

The Chair will move the adoption of the following resolution:

 

That under Section 100(A)(4) Local Government Act 1972, the public be excluded for the following items on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act.

Minutes:

15.1          The Chair proposed, and it was

RESOLVED           That, under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items on the grounds that they involve the likely discussion of exempt information as defined in Part 1 of Schedule 12A of the Act. 

16.

Separate Minutes

To approve the separate Minutes of the meeting of the Committee held on 20 March 2024.

Minutes:

16.1          The separate Minutes of the meeting held on 20 March 2024, copies of which had been circulated, were approved as a correct record and signed by the Chair.