Meeting documents

Present:

Councillor Hardy (in the Chair)

Councillors

1. DECLARATIONS OF INTEREST

Councillor R. Bell declared a personal interest on item 12 (d) Marton Moss. The nature of the interest being that he lived and worked in the area.

Resolved: That the minutes of the Council held on 10th June 2009, be signed by the Mayor as a correct record.

The Mayor welcomed Councillor Kenrick to her first meeting of the Council since her election.

The Mayor then introduced 6 members of the Polar Bears Disability Swimming Club, who were accompanied by Lynda Iglis, the club Chairman and Lisa Daley, who was a partially sighted athlete. The Council was informed that they had all won medals or been highly placed at the recent UK Special Olympics held during the summer. The Mayor on behalf of the Council congratulated them all on their tremendous achievements.

The Council was informed that a letter of thanks had been received from Baroness Ann Taylor, the Parliamentary Under Secretary of State for International Defence and Security for the Town's support of the Armed Forces Day. 

The Mayor also referred to an email he had received from the organisers of the Junior Beach Volleyball who also thanked Blackpool for its support.

The Council observed a period of silence as a mark of respect to Councillor Heap who had sadly died on Sunday 14th June 2009.

The Council then considered a resolution of condolence and Councillor R. Bell proposed (and Councillor Evans seconded):

"This Council and the people of Blackpool were deeply saddened to learn of the death on 14^th June 2009 of Councillor Granville Heap, former Mayor of the Borough and member of Stanley Ward.

Granville was born in Accrington, Lancashire, in 1943 and moved with his family to Blackpool at the tender age of four.  He was educated at St Cuthbert's Primary School and St Joseph's College.  After leaving school, he began employment as a wages clerk with a local timber merchant.  Four years later, he took up the position of trainee manager for a large grocery stores chain and eventually, became manager of a local supermarket, a position he held for eight years.

Granville was first elected on the Council in 1983, serving until 1995 and was elected again in 1997 to represent Stanley Ward, which he did until he died.  He was appointed as Deputy Mayor for the Mayoral years, 1989-1990, 1999-2000 and 2003-2004.  In May 2000, Granville was given the prestigious honour of being appointed as Mayor for that Municipal year.  He has also acted as the Cabinet Assistant for Tourism and Regeneration since May 2007. As well as being a dedicated Councillor, Granville successfully managed his own news agency business in Blackpool's town centre for 30 years.

Granville was only recently married and sadly leaves a wife, daughter and two grandsons and our deepest sympathy goes out to his family in their great loss."

Motion carried: The motion on being submitted to the Council was carried.

The Council paid tribute to the life and work of Lord Blaker who had sadly passed away on 5th July 2009. He had been a member of Parliament for Blackpool South for nearly 30 years, a former diplomat and a peer from 1994 .

There were no public representations on this occasion.

The Leader of the Council and his Cabinet Members presented reports to the Council on work undertaken within their portfolio areas. All the reports covered decisions taken, work in progress and work to be undertaken in the near future. Questions, comments and debate were invited from all Councillors on each of the portfolio areas.

Resolved: That the reports from the Leader and the Cabinet Members be noted.

NOTE:

(1) Councillor Fowler, the Cabinet Member for Business Services, undertook to provide a written answer to Councillor Mrs Holt, on her question relating to the children's play park at Bethesda Square which had recently been developed. In particular the concern for the safety of the children accessing the facilities due to the busy roads and speeding traffic.  

(2) Councillor Mrs Callow, the Cabinet Member for Tourism and Regeneration, undertook to provide a written answer to Councillor Mrs Haynes, on her question relating to  the number of dwellings which had been approved by the Development Control Committee, since the approval of the Core Strategy.

(3) Councillor Callow, the Leader of the Council, on behalf of Councillor Mrs Henderson, the Cabinet Member for Adult Social Care, Housing and Health, undertook to provide a written answer to Councillor Mrs Holt, on her question relating to why the gardens and planters at Ibbison Court had not been suitably maintained.

(4) Councillor Callow, the Leader of the Council, on behalf of Councillor Mrs Henderson, the Cabinet Member for Adult Social Care, Housing and Health, undertook to provide a written answer to Councillor Mrs Holt, on her question relating to whether the agreement for the Lancashire Fire and Rescue Service to part fund the installation of new sprinkler system at the former Cherry Tree House still existed. If this agreement did not still exist then to inform her whether a sprinkler system would still be installed.

(5) Councillor Callow, the Leader of the Council, on behalf of Councillor Mrs Henderson, the Cabinet Member for Adult Social Care, Housing and Health, undertook to provide a written answer to Councillor Mrs Holt, on her question relating to what progress had been made with regard to the review of the Constitution for the Senior Voice Forum.

(6) Councillor Williams, the Cabinet Member for Culture and Communities, undertook to provide a written answer to Councillor Jackson, on his question relating to when the criteria for accessing the additional alley gate funding, agreed by the Leader of the Council, would be available.

Through joint working arrangements with the unitary Councils of Blackpool and Blackburn with Darwen, it was reported that Lancashire County Council had carried out its statutory land-use plan-making functions since 1998. With the demise of the Structure Plan, this had come to focus on the preparation of a Minerals and Waste Development Framework as a replacement to Lancashire's Minerals and Waste Local Plan. To assist this partnership working, the three Councils had set up a Joint Advisory Committee for Strategic Planning (JAC) comprising Councillors from the three Councils. Under the terms of this arrangement, it was reported that recommendations made by the Joint Advisory Committee were presently referred for formal decision to the appropriate decision maker of each Council, be it the Full Council or that Council's Executive.

The Joint Advisory Committee had recommended that the current arrangements for decision making be streamlined by delegating Executive functions from each Council to a Joint Committee. The intention was that the Joint Advisory Committee would become the formal decision making Committee.  However, a Committee exercising Executive Functions in these circumstances had to be made up of Executive Members.  It was therefore proposed to retain the Joint Advisory Committee in its advisory capacity, but set up a Joint Committee comprising the relevant Executive members from each Council to exercise the Executive functions of the three Councils. This would have a number of advantages including a speedier, more efficient and cost effective process.

This Council's Executive at its meeting on 16^th September 2009 had supported these proposals and had recommended Council accordingly. It was also reported that the decision to submit a Development Plan Document to the Secretary of State for independent examination and ultimately to adopt a Development Plan Document would remain with each Council.

Motion:

Councillor Fowler proposed (and Councillor Callow seconded):

1. That the Council enters into an agreement under section 101(5) of the Local Government Act 1972, to establish a Joint Committee for the purposes of exercising the Council's Executive functions in relation to the preparation of the local development documents comprising the Minerals and Waste Development Framework.
2. That the Council's Executive functions as stated above be delegated to the said Committee insofar as is permissible by law in accordance with the terms of the said agreement.
3. That the Council's sole representative on the Joint Committee be the Cabinet Member for Business Services or such other Executive Member exercising the functions of the Council under Part 1 and Part 2 of the Planning and Compulsory Act 2004.
4. That approval of the detailed constitutional arrangements for the establishment of the Joint Committee be delegated to the Head of Legal and Democratic Services following consultation with the Leader of the Council.

Motion carried:

The motion, on being submitted to Council was carried.

The Council was informed that the Executive at its meeting on 16^th September 2009 had considered a revised report regarding the proposals for the Talbot Gateway.  This report had set out the outcome of further refinement and development of the Talbot Gateway proposals as demanded by changes in market conditions, discussions with Muse, the developer and the funding requirements of the North West Development Agency. This would direct European Regional Development Fund and Single Investment Programme funding to the project.

It was reported that in order to progress the application to the Secretary of State it was necessary for the Council to satisfy itself that the land was held under powers which permitted it to be disposed of under the provisions of the Local Government Act 1972.  The Council owned land had been acquired over a long period using miscellaneous powers and it was therefore appropriate to use the powers contained in Section 122 of the Local Government Act 1972 to appropriate the land acquired for housing purposes to sections 1-3 of the Local Government Act 2000.

Section 123 of the Local Government Act 1972 required the consent of the Secretary of State to a disposal for a consideration less than the best that could reasonably be obtained.  Although the Secretary of State had issued consent in 2003 permitting a Local Authority to dispose of land at an undervalue where it considered such a disposal would help to secure the promotion or improvement of the economic, social or environmental well-being of the area, the consent provided that the amount of the undervalue had not to exceed £2 million.  It was reported that as the amount of the undervalue did exceed £2 million in this case, the specific consent of the Secretary of State would be required.

The Executive had approved the revised Master Plan and had authorised the Executive Director of Business Services to agree the necessary variations to the Development Agreement. The proposals for the Council's office accommodation had also been approved. In addition, the Executive had recommended Council on two matters.

Motion:

Councillor Callow proposed (and Councillor Fowler seconded):

1. To agree to disposing of the Council's land in the Talbot Gateway footprint at nil consideration, to secure the promotion or improvement of the economic, social and environmental well-being of the area and to facilitate grant for land acquisition, infrastructure and public realm works.
2. To appropriate the land owned by the Council and hold for housing purposes within the Talbot Gateway footprint to sections 1-3 of the Local Government Act 2000 and agree in principle to submit any necessary applications for consent to the Secretary of State to dispose of this land at less than best consideration.

Motion carried:

The motion, on being submitted to Council was carried.

The Council was informed that the Licensing Act 2003 had given the responsibility for alcohol and entertainment licensing to the Council. It was now considered that the existing procedure for varying premises licences was bureaucratic and expensive for licence holders, with the whole process taking a minimum of 28 days, possibly longer if representations were received. The Legislative Reform (Minor Variations to Premises Licences and Club Premises Certificates) Order 2009 had come into force on 29^th July 2009 and had introduced a simplified process for dealing with minor variations which would have no impact on the licensing objectives.

It was reported that the new procedure was intended to deal with the following situations:

• Minor changes to the structure or layout of the premises
• Small adjustments to licensing hours
• The removal of out of date, irrelevant or unenforceable conditions, or the addition of volunteered conditions

Specifically excluded from the process were:

• Adding the sale of alcohol as a licensed activity
• Applications to extend licensing hours for the sale or supply of alcohol for consumption on or off the premises between the hours of 23.00 and 07.00 hours
• Applications to increase the amount of time on any day during which alcohol may be sold or supplied for consumption on or off the premises.

The simplified process meant:

• Application served on local authority only
• The licensing authority may consult with any responsible authority it considers appropriate
• Application to be advertised only on the premises for 10 working days
• Fee payable of £89.00

Interested parties and any responsible authorities consulted had 10 working days from the date of application to make representations on the likely effect of the variation on the licensing objectives. There was no right to a hearing, but the licensing officer had to take any relevant representations into account

The applicant had also to be notified of the decision no later than 15 working days after the date of application. If a decision was not made in that time, the application was deemed refused and the application fee had to then be returned.

The Government had intended this procedure to be dealt with at officer level, hence the requirement for a decision within 15 days of receipt. Where the officer considered that the application if granted would adversely impact on the licensing objectives, the minor variation application would be refused and a full variation would be required allowing for full consultation and a hearing before a licensing panel if representations were received.

Under the existing scheme of delegation officers had no power to refuse an application. This meant that if officers wished to refuse an application because they did not believe it was a minor variation, or representations were made in respect of an application then a licensing panel had to be convened at short notice to determine the application.

It was therefore proposed that an application for a minor variation should be dealt with at officer level, whether or not representations were received.

The Licensing Committee at its meeting on 8^th September had considered a report outlining those proposals and had agreed to recommend to the Executive to recommend to the Council, the amendment to the scheme of delegations in Section 7 of Part 3 of the Council's Constitution. On behalf of the Executive, the Cabinet Member for Business Services had considered this referral and had supported that recommendation.

Motion:

Councillor Fowler proposed (and Councillor Mitchell seconded):

"To agree that an application for a minor variation submitted under the Legislative Reform (Minor Variations to Premises Licences and Club Premises Certificates) Order 2009  be dealt with at officer level whether or not representations were received."

Motion carried:

The motion, on being submitted to Council was carried.

Note: Councillor Wynne declared a prejudicial interest in the above item, the nature of his interest being that he owned licensed premises affected by the proposals and he left the room during its consideration and voting thereon.

At the Annual Meeting of the Council held on 11th May 2009, the Council had appointed the Chairmen and Vice Chairmen for all its Committees. Councillor Houldsworth had been appointed as Vice Chairman of the Development Control Committee. However, he was now no longer a member of that Committee and as the Council had made the initial appointment, it was therefore required to consider appointing a new Vice Chairman.

Motion:

Councillor Callow proposed (and Councillor Evans seconded):

"That Councillor Price be appointed Vice Chairman of the Development Control Committee for the remainder of the current Municipal Year."

Motion carried:

The motion, on being submitted to Council was carried.

Motion:  Pursuant to notice, Councillor Coleman proposed and with the meetings consent altered his notified motion (seconded by Councillor Taylor) to read as follows:

"The Council requests that the Executive instigate a review of road painting throughout the Borough, bearing in mind the drastic budget cuts, that will have to be implemented in the coming years, due to the poor state of this country's economy. "

Motion carried:

The motion on being submitted to the Council, was carried.

Motion: Pursuant to Notice, Councillor Coleman proposed (and Councillor Jackson seconded):-

"The Council would like to place on record its appreciation of the excellent quality standards achieved in the new South Promenade area.   The functional and aesthetic qualities of the area are a testament to the funding accrued under the previous Labour administration and as such, the Council's thanks go to the former Leader Roy Fisher and his group for their foresight and hard work in ascertaining such funding."

Motion lost:

The motion, on being submitted to Council was lost.

Motion: Pursuant to Notice, Councillor Owen proposed (and Councillor Blackburn seconded):-

"Council notes that Councillor Jebson has only attended two Committee meetings of the Council in the last twelve months, one of them as a substitute.  During the same period he has not attended any meetings of the Full Council.  The Councillor has failed to offer any justification for his absence on grounds of illness or other compassionate reasons.  During the last Municipal Year he has received £7,234.78 in allowances.

Council considers that this is not only a scandalous waste of taxpayers' money, but also represents a failure to represent the people of Blackpool in general and of Anchorsholme ward in particular.

Council therefore calls upon the Leader of the Council to take immediate and appropriate action to ensure that the Member either fulfils his duties as a Councillor or resigns, so that he may be replaced by an active representative for Anchorsholme ward."

Recorded vote:

Immediately prior to voting on the motion, five members of the Council requested that the vote be recorded. The voting was as follows:

For the motion:

Councillors Blackburn, Coleman, Doherty, Mrs Greenhalgh, Mrs Haynes, Jackson, Owen, Mrs Rowson, Taylor, Mrs Taylor and Wynne.  Total 11.

Against the motion:

Councillors G Bell, R Bell, J Best, N Best, Brown, Mrs Callow, Callow, Clapham, Collins, Mrs Delves, Evans, Fowler, Mrs Fowler, Haskett, Houghton, Houldsworth, Mrs Kenrick, Lee, Mineur, Mitchell, Price, Mrs Ridyard, Stansfield and Williams  Total 24.

Abstentions:

Councillor Hardy. Total 1.

Motion lost:

The motion on being submitted to the Council was therefore lost.

Note: During the calling of the above recorded vote Councillor Cox was not included, as he was absent from his seat.

Motion: Pursuant to Notice, Councillor Blackburn proposed (and Councillor Taylor seconded):-

"Council is opposed to the inclusion of Marton Moss as part of the preferred spatial option of the Blackpool Core Strategy, as resolved by the Executive on 15th July 2009.

Council rejects any suggestions that the Council is being 'forced' to allow wholesale housing development on Marton Moss.

Council therefore requests the Executive to give further consideration to the matter and to take no further decisions on this subject pending a stand-alone comprehensive public consultation on the future of Marton Moss.  To this end, the Executive is asked to prepare a comprehensive document on the future of Marton Moss, including open space requirements, recreation, horticulture and all other aspects, as well as housing, so as best to plan for an area which is regarded as precious by many Blackpool residents."

Recorded vote:

Immediately prior to voting on the motion, five members of the Council requested that the vote be recorded. The voting was as follows:

For the motion:

Councillors Blackburn, Coleman, Doherty, Mrs Greenhalgh, Mrs Haynes, Jackson, Owen, Mrs Rowson, Taylor, Mrs Taylor and Wynne.  Total 11.

Against the motion:

Councillors G Bell, R Bell, J Best, N Best, Brown, Mrs Callow, Callow, Clapham, Collins, Cox, Mrs Delves, Evans, Fowler, Mrs Fowler, Haskett, Houghton, Houldsworth, Mrs Kenrick, Lee, Mineur, Mitchell, Price, Mrs Ridyard, Stansfield and Williams.  Total 25.

Abstentions:

Councillor Hardy. Total 1.

Motion lost:

The motion on being submitted to the Council was therefore lost.

The meeting ended at 8.45 p.m.

Any queries regarding these Minutes, please contact:
Mark Towers, Head of Democratic Services
Tel: (01253) 477127, or alternatively, E-mail: mark.towers@blackpool.gov.uk

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