Public Document Pack
SOUTH LAKELAND DISTRICT COUNCIL South Lakeland House Kendal, Cumbria LA9 4UQ www.southlakeland.gov.uk
You are requested to attend a meeting of the Council on Tuesday, 18 December 2012, at 6.30 pm in the District Council Chamber, South Lakeland House, Kendal Note – As previously notified, a briefing on the budget will be held in the District Council Chamber at the Town Hall, Kendal, at 3.30 p.m. A light buffet tea will be served at 5.15 p.m. in the Bindloss Room for those Members who were present at the briefing. Tea and coffee will be available for all Members, also in the Bindloss Room, from 5.45 p.m. For those who wish to attend, Prayers will be said in the District Council Chamber at 6.20 p.m.
Membership Councillors
Caroline Airey David Evans Mary Orr James Airey Clare Feeney-Johnson Bharath Rajan Giles Archibald David Fletcher Vivienne Rees Ben Berry Andrew Gardiner Amanda Rigg Roger Bingham Gill Gardner David Ryder Rob Boden Clive Graham Sue Sanderson Jonathan Brook Brenda Gray Andy Shine John Clough Anne Hall Hilary Stephenson Stephen Coleman Heidi Halliday Jo Stephenson (Chairman) Stan Collins Tom Harvey Ian Stewart Brian Cooper Chris Holland Peter Thornton Nick Cotton John Holmes Graham Vincent Joss Curwen Helen Irving Evelyn Westwood (Vice-Chairman) Julie Dawson Janette Jenkinson David Williams Philip Dixon Pru Jupe Janet Willis Sheila Eccles Sonia Lawson Mark Wilson Sylvia Emmott Ian McPherson Mary Wilson
Monday, 10 December 2012
Debbie Storr, Director of Policy and Resources (Monitoring Officer)
For all enquiries, please contact:- Committee Administrator: Chris Woods Telephone: 01539 717440 e-mail: [email protected] Roll Call : Apologies
AGENDA
Page Nos. PART I
1 MINUTES 1 - 10 To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Council held on 27 September 2012 (copy attached). 2 PUBLIC PARTICIPATION Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so before the commencement of the meeting. Information on how to make the application can be obtained by viewing the Council’s Website www.southlakeland.gov.uk or by contacting the Democratic and Electoral Services Manager on 01539 717440. (1) Questions and Representations To receive any questions or representations which have been received from members of the public. (2) Deputations and Petitions To receive any deputations or petitions which have been received from members of the public. 3 DECLARATIONS OF INTEREST To receive declarations by Members and/or co-optees of interests in respect of items on this Agenda. Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.) Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests. If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting. 4 LOCAL GOVERNMENT ACT 1972 - EXCLUDED ITEMS To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public. 5 CHAIRMAN'S ANNOUNCEMENTS To receive any announcements by the Chairman. 6 QUARTER 2 2012/13 C ORPORATE FINANCIAL MONITORING 11 - 36 REPORT To note the financial position of the Council as at 30 September 2012, as detailed in the attached report. 7 CHANGES TO COUNCIL TAX DISCOUNTS FROM 1ST APRIL 2013 37 - 44 To consider the recommendations from Cabinet in relation to Council Tax discounts which are proposed to take effect from 1 st April 2013. 8 LOCAL SCHEME FOR COUNCIL TAX REDUCTION: A 45 - 60 REPLACEMENT FOR COUNCIL TAX BENEFIT To consider the recommendations from Cabinet. 9 COUNCIL TAX REDUCTIONS AND PARISH COUNCILS 61 - 66 To consider recent changes to the funding arrangements for parish councils. 10 MEMBERS' ALLOWANCES - RECOMMENDATIONS FROM THE 67 - 86 INDEPENDENT REMUNERATION PANEL To consider the recommendations of the Independent Remuneration Panel for Members’ Allowances to be adopted with effect from 1 April 2013. 11 2013/14 TO 2016/17 DRAFT REVENUE AND CAPITAL BUDGETS 87 - 150 To consider an update of the Council’s medium term financial forecast and the indicative revenue and capital budgetary requirements for 2013/14 onwards. 12 GAMBLING ACT 2005 - REVIEW OF THE STATEMENT OF 151 - 198 GAMBLING LICENSING POLICY 2013-16 To approve the Statement of Gambling Licensing Policy 2013/16. 13 SUSTAINABLE PROCUREMENT AND COMMISSIONING STRATEGY 199 - 230 To consider adoption of the Sustainable Procurement and Commissioning Strategy and Action Plan across the organisation. 14 CUMBRIA POLICE AND CRIME PANEL 231 - 244 To receive a report on the arrangements for the Cumbria Police and Crime Panel. 15 COMMUNITY GOVERNANCE REVIEW 245 - 262 To consider the proposal to undertake a Community Governance Review, in accordance with the Local Government and Public Involvement in Health Act 2007. 16 REVISED MEMBERS SUPPORT STRATEGY 263 - 280 To consider the revised Members Support Strategy for adoption. 17 MINUTES OF MEETINGS To receive Chairmen’s comments (if any notified) in respect of the minutes of Committee meetings held between 3 September and 16 November 2012. If Members wish to raise questions with regard to any minutes of the Regulatory or Overview and Scrutiny Committee meetings held since the Agenda was issued for the last Council meeting, then notice should be provided in line with Rule 10 of the Council Procedural Rules. 18 EXECUTIVE REPORTS, DECISIONS AND CABINET QUESTION TIME To receive the Executive Report from the Leader and to deal with any questions to the Leader and/or Portfolio Holders on any topic which is within the jurisdiction or influence of the Council, and is relevant to their Portfolio. Any Member who poses a question will be entitled to one supplementary question on the same topic.
Members are encouraged to give Portfolio Holders 24 hours’ notice of questions. If no notice is received, then the Portfolio Holder can reserve the right to give a written answer. Where notice of questions has been given, these will be taken first.
Where a Member wishes to ask more than one question, please submit questions in order of priority.
If more than one Member sends in a question, these will be taken in alphabetical order of Members’ names.
The question time will be limited to 30 minutes. a Leader and Promoting South Lakeland Portfolio Holder 281 - 282
b Deputy Leader and Environment and Sustainability Portfolio 283 - 288 Holder
c Central Services Portfolio Holder 289 - 292
d Communities and Wellbeing Portfolio Holder 293 - 298
e Economy and Enterprise Portfolio Holder 299 - 300
f Housing and Development Portfolio Holder 301 - 304
g Policy, Performance and Resources Portfolio Holder 305 - 308
19 QUESTIONS To deal with any questions under Rule 10 of the Council’s Procedural Rules, of which due notice has been given and/or the Chairman allows as a matter of urgent business. 20 NOTICE OF MOTION The following Notices of Motion have been given in accordance with Paragraph 11.1 of the Council’s Rules of Procedure:-
(1) “With events such as the Kendal Mountain Film Festival, this Council recognises the significant benefit the Adventure Economy can and does bring to South Lakeland District.
As such, this Council wishes to support the application at Honister Slate Mine for a temporary zip line. Even though the application site is outside South Lakeland, we believe such an application will benefit our residents economically and socially, with the additional benefit of a 12 month trial run caveat to clarify any negatives from such a development on this historically industrial site.”
(signed by Councillor Ben Berry)
(2) “We recognise that as Principal Authorities abandon public conveniences, those lower tiers of local Government that take them on should be exempted from the presently applied business rates or given an equivalent grant to compensate them for these sites. This Council wishes to lobby Government on this point.”
(signed by Councillor Ben Berry)
(2) “Will this Council support the motion that whilst it accepts in principle the proposal to create three centres of excellence for Vascular Surgery to serve the whole of Cumbria and Lancashire it requires Lancaster Royal Infirmary to become one of the three rather than Preston. This to ensure a reasonable location of these centres throughout the area to ensure in turn that the residents of South Lakeland and parts of Lancashire are not disadvantaged in terms of travel time and distances.
Further that if it is claimed that Lancashire Royal Infirmary does not meet the criteria at the moment (which is arguable) then resources should be put into LRI to ensure that it does.”
(signed by Councillor John Holmes) PART II
Private Section (exempt reasons under Schedule 12A of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, specified by way of paragraph number)
There are no items in this Part of the Agenda. This page is intentionally left blank 31 Item No.1 27.09.2012 Council
SOUTH LAKELAND DISTRICT COUNCIL
Minutes of the proceedings at a meeting of the Council held in the District Council Chamber, South Lakeland House, Kendal, on Thursday, 27 September 2012, at 6.30 pm.
Present
Councillors
Jo Stephenson (Chairman) Evelyn Westwood (Vice-Chairman)
Giles Archibald David Evans Mary Orr Ben Berry Clare Feeney-Johnson Vivienne Rees Roger Bingham David Fletcher Amanda Rigg Rob Boden Andrew Gardiner David Ryder Jonathan Brook Gill Gardner Sue Sanderson Stephen Coleman Brenda Gray Andy Shine Stan Collins Anne Hall Ian Stewart Brian Cooper Heidi Halliday Peter Thornton Nick Cotton Tom Harvey Graham Vincent Joss Curwen John Holmes Janet Willis Philip Dixon Helen Irving Mark Wilson Sylvia Emmott Janette Jenkinson Mary Wilson
Apologies for absence were received from Councillors Caroline Airey, James Airey, John Clough, Julie Dawson, Sheila Eccles, Clive Graham, Pru Jupe, Sonia Lawson, Ian McPherson, Bharath Rajan, Hilary Stephenson and David Williams
Officers
Lawrence Conway Chief Executive Michael Keane Assistant Director Strategic Planning Jayne Kendall Economic Development Group Manager (part) Mark McAdam Interim Communications Manager Shelagh McGregor Assistant Director Resources (Section 151 Officer) Lucy Reynolds Senior Housing Strategy Officer (part) Helen Smith Financial Services Manager Debbie Storr Director of Policy and Resources (Monitoring Officer) Chris Woods Democratic and Electoral Services Manager
C/48 MINUTES
RESOLVED – That the Chairman be authorised to sigh the minutes of the meeting held on 26 July 2012 as a correct record.
Page 1 32 27.09.2012 Council
C/49 PUBLIC PARTICIPATION
RESOLVED – That it be noted that no deputations, petitions or questions had been received in respect of this meeting.
C/50 DECLARATIONS OF INTEREST
RESOLVED – That the following declarations of interest be noted –
Councillors Andy Shine, Janet Willis, John Holmes and Philip Dixon declared interests in Minute No. C/58.
C/51 LOCAL GOVERNMENT ACT 1972 - EXCLUDED ITEMS
RESOLVED – That it be noted that there were no items in Part II of the agenda.
C/52 CHAIRMAN'S ANNOUNCEMENTS
A list of formal engagements attended by the Chairman since the last Council meeting was circulated.
In addition, the Chairman also asked Members to note that Remembrance Sunday would be on 11 November and, should any Members wish to order wreaths for services requests should be submitted to Lee Teasdale in Democratic Services by 5 October.
C/53 TREASURY MANAGEMENT ANNUAL REPORT 2011/12
Councillor David Evans presented the report. He advised that it was the first of four financial reports which would be considered by Council during the meeting.
The Treasury Management Annual Report was a statutory requirement and it showed that the Council had carefully managed its treasury management activities in a sustainable way during 2011/12.
It also provided details of the outturn position for treasury activities and highlighted compliance with the Council’s policies, which had previously been approved by Members.
Councillor Evans proposed that the report was accepted and this was seconded by Councillor Peter Thornton. It was subsequently unanimously
RESOLVED – That the Treasury Management Annual Report, as presented, be accepted.
C/54 2011/12 FINAL ACCOUNTS ISSUES
This report was presented by Councillor David Evans. He pointed out that it showed that the Council was living within its means and making savings where it could while still providing quality services.
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The report detailed the final revenue outturn figures for 2011/12 and showed expenditure and income variances against budget. While the final position on service net expenditure showed savings, a number of other transactions, required to reflect statutory accounting practices, contributions to and from reserves and corporate interest payments and receipts, would have a net impact of increasing the General Fund working balance. The impact of this was being addressed in the review of the Medium Term Financial Plan and Budget Strategy.
It was also noted that the transfer of the housing stock to South Lakes Housing had had the biggest impact on the Council’s Statement of Accounts for 2011/12.
During the debate on this item Members applauded the work of the finance staff in the transfer of the housing stock and closing of the accounts.
It was proposed by Councillor David Evans and seconded by Councillor Graham Vincent and subsequently
RESOLVED – That the final revenue outturn figures and variance explanations as set out in Appendix 1 and paragraphs 3.1.2 and 3.1.3 be noted.
C/55 CORPORATE FINANCIAL MONITORING REPORT
Councillor David Evans advised that this report looked at the Council’s performance over the first quarter of 2012/13. It showed that the Council was still being prudent and continued to seek ways to make more savings, while still providing quality services. He proposed that the recommendations be adopted and this was seconded by Councillor Andy Shine.
RESOLVED – That
(1) The Council’s financial position, as at 30 June 2012 and as detailed in the report, be noted; and
(2) Approval be given to –
(a) The inclusion of income and expenditure budgets for the 2012 Police and Crime Commissioner elections totalling £175,000;
(b) The contribution of £350,000 from the General Fund Working Balance to the General Reserve, to be earmarked for the one-off costs of implementing Service Reviews;
(c) Authorising the Human Resources Committee and/ or Cabinet (as appropriate) to utilise the earmarked funds to implement decisions arising from the Service Reviews; and
(d) The contribution from the Local Arts Strategic Partnership Reserve of £24,000 towards the costs of Mintfest for 2012.
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C/56 DRAFT BUDGET STRATEGY 2013/14 - 2017/18
Councillor David Evans explained that this was a forward looking report. While there was no projected deficit this year, it was anticipated that more savings would be required in future years to take account of reductions in government grants.
The report, as presented, summarised the Council’s financial position at the end of July 2012 compared to the Medium Term Financial Plan (MTFP) approved in March 2012. It included updated deficit projections, taking account of events which had occurred since the MTFP had been approved and also outlined initial proposals for the preparation of budgets for 2013/14 onwards. It was intended to present a further report on the financial impact of draft government funding proposals, currently out for consultation, and a response to them, to the Cabinet meeting on 31 October.
Councillor Evans proposed that the recommendations be adopted and this was seconded by Councillor Ian Stewart.
RESOLVED – That
(1) The latest projections within the Medium Term Financial Plan be noted; and
(2) The Draft Budget Strategy, as set out in the report, be approved.
Note – Councillors Andy Shine, Janet Willis, John Holmes and Philip Dixon declared interests in the following item of business by virtue of being Directors of South Lakes Housing.
C/57 COUNCIL-OWNED LAND AT BERNERS CLOSE, GRANGE-OVER-SANDS
The report was presented by Councillor Jonathan Brook. He advised that Cabinet had previously approved proposals regarding the site and the report was before Council to approve the funding arrangements. He indicated that a revised plan had been circulated to the meeting to take account of comments which had been received by Cabinet retarding the area at the promenade.
He proposed that the Council approved the recommendation regarding funding and this was seconded by Councillor Graham Vincent.
RESOLVED – That approval in principle be given to an appropriate and sufficient level of capital receipt from the sale of sites A, B, C and F are ring- fenced for the redevelopment of the former Outdoor Pool – Lido (site E) and the development of a new car park (site D) and other infrastructure costs as may be required to facilitate the development. The appropriate and sufficient level of funding be subject to the sufficiency of income from the various sources identified.
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C/58 CUMBRIA CHOICE ALLOCATIONS POLICY - PROPOSED REVISIONS
Council considered a report which proposed revisions to the Cumbria Choice Allocations Policy (Choice Based Lettings scheme). The Scheme had originally been adopted by the Council as its housing allocations in August 2010. It had been reviewed to provide clarity and reflect requirements of the Localism Act 2011 and to respond to aspects of national welfare reform.
Councillor Jonathan Brook proposed that the recommendations detailed in the report were accepted and this was seconded by Councillor Andy Shine.
There was some discussion about the availability of social housing for local people.
RESOLVED – That
(1) Approval be given to the revisions of the Cumbria Choice Allocations Policy and the South Lakeland Local Lettings Policy and that the revised Policies are implemented once all the other Partnership partners have agreed to the revised Cumbria Choice Allocations Policy; and
(2) Delegated authority be given to the Assistant Director (Strategic Planning) to approve any minor amendments needed as a result of the public consultation exercise, with any significant changes being reported back to Members.
C/59 MINUTES OF MEETINGS
RESOLVED – That it be noted that no comments or questions have been received in respect of the minutes of Committee meetings held between 16 July and 31 August 2012.
C/60 EXECUTIVE REPORTS, DECISIONS AND CABINET QUESTION TIME
The Leader presented the Executive Portfolio Holder Reports to Council. Councillor Clare Feeney-Johnson, Portfolio Holder for Environment and Sustainability, gave an update on the current position with regard to the Community Energy Scheme. The number of people who had registered interest was 1,669 and Ovo had been the company who had been appointed to provide estimates. Information would be sent out in the next few days to those who had registered interest asking them to decide if they wished to proceed.
The following written questions, received in accordance with Minute C/056 (2006/07) were then put.
From Councillor Philip Dixon to Councillor Clare Feeney-Johnson, Environment and Sustainability Portfolio Holder – “On 12 th September the streets of Kendal were briefly emptied apart from a hundred or so cyclists. Was this part of the “go easy” campaign and was it a vision for the future?”
Page 5 36 27.09.2012 Council
Councillor Feeney Johnson responded that she had unfortunately not been in Kendal to see the cyclists for herself on 12 th September. However, there was some very good information available on the “Go Easy” campaign and a guide was available on the intranet.
From Councillor Rob Boden to Councillor Graham Vincent, Communities and Wellbeing Portfolio Holder – “What expenditure on new play equipment for children’s play areas has SLDC made either directly or by grants since 2006, that is, how much each play area has received; and for which areas.”
Councillor Vincent advised that there was a significant amount of work involved in putting together a full answer to this question. He stated that Councillor Boden had indicated that he would accept a full written answer to it and that this would go back as far as 2007. This would also be distributed to all Members. However, he was able to advise that the Council currently maintained 59 play areas with another two yet to be adopted from developers. Of these, 15 needed significant repair and five needed replacing completely – all within the next three years and at an anticipated cost of £164,300.
Also, between April 2007 to date, the total spend on play area equipment replacement and repair had been £182,289. Total spend on Council owned areas which had been Lotttery funded projected, between 2006 and 2012, had been £249,782.
From Councillor Ben Berry to Councillor Peter Thornton, Leader and Promoting South Lakeland Portfolio Holder – “In his speech to the Liberal Democrat Party Conference our MP, Tim Farron, boasted the Lib Dems had “won a 5.2% increase in welfare benefits”. Do you join him in welcoming and praising such a pay rise?”
Councillor Thornton pointed out that this had been an inflation linked increase and the reason for it lay with the Consumer Price Index and the Retail Price Index. In real terms though the actual increase in monetary terms for people on benefits was very little.
Councillor Berry asked, as a supplemental question, how could this be justified when the public sector had a pay freeze? Councillor Thornton responded that the impact on someone earning £200 per week for example having a loss of earning due to inflation, would not be as serious as it would for someone on benefits. He also pointed out that bankers and businessmen still would have increases.
All written questions having been presented and answered, questions were then taken from the floor.
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Councillor Anne Hall to Councillor Clare Feeney-Johnson – She pointed out that there was a lot of very good work being undertaken with young people and gave Grizedale Arts as an example. Young people were being involved in working in the community, including baking for an exhibition in London. She asked if there was a means of capitalising on the work the young people were doing.
Councillor Feeney-Johnson agreed that this was needed and gave other examples of work the Council was doing with young people. She invited Councillor Hall to work with her on capturing what was being done in communities.
Councillor Ben Berry to Councillor Janet Willis – He asked for an update on what was happening with the webcasting of meetings project.
She advised that there was no timescale at the moment for restarting the scheme and work was currently on-going on what other authorities were doing so an assessment could be made of the benefits.
He added that would be able to supply details of how webcasting could be undertaken easily and cheaply and would forward this to Councillor Willis.
Councillor Joss Curwen – He referred to the recent flooding problems and blocked road drains. He pointed out that the Environment Health Officers should be highly praised for the work they had carried out during the recent flooding. However, he felt that other agencies were not doing what they could and asked that a letter be written to the County Council about it.
Councillor Stephenson noted his comments and advised that he would take them on board.
Councillor Brian Cooper to Councillor Graham Vincent – He asked if Councillor Vincent felt that membership of sport clubs would increase following the Olympics.
Councillor Vincent responded that he was aware that there had been a significant increase in the area of sport and that he felt that a range of facilities needed to be provided.
Councillor Ian Stewart to Councillor Peter Thornton – He asked that as Councillor Pru Jupe had been unable to attend the meeting as she was involved in a sponsored walk, would Councillor Thornton be contributing to the funds.
Councillor Thornton advised that this was probably likely.
RESOLVED – That the questions and answers be noted.
C/61 QUESTIONS
RESOLVED – That it be noted that no questions had been received.
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C/62 NOTICE OF MOTION
Three Notices of Motion for the meeting had been given in accordance with Paragraph 11.1 of the Council’s Rules of Procedure.
Motion - That Council continues to register its concern with regard to the draft First Trans-Pennine Express May 2014 timetable proposals and that it supports South Cumbrian M.P.s Tim Farron and John Woodcock, the Furness Line Action Group, the Lakes Line Rail User Group together with the community partnerships of both organisations and the local members of TravelWatch NorthWest in their efforts to ensure that there are regular through train services between the district, Manchester and Manchester Airport, s they are key to the wellbeing of our communities and to economic growth in South Lakleland.
Councillor Emmott proposed the motion and this was seconded by Councillor Ben Berry.
Note - At this point in the proceedings Councillor Stan Collins declared a personal interest in the motion as he was a member, appointed by Cumbria County Council, of the Lakes Line Community Partnership.
He pointed out that another factor that had not been well recognised was that when there was trouble on the line, the service to the area effectively stopped at Preston, with the exception of diesel trains. If the service was to be totally electrified there would be no connection at all.
Councillor Mary Wilson also raised of how difficult it was for disabled people or those with young children to undertake journeys which required train changes.
Note – At this point in the debate, Councillor Andrew Gardiner declared an interest in the motion as, being a taxi driver, he would benefit from the occasions when there were problems on the line and less trains operating.
RESOLVED – That the motion be carried.
Motion - That this Council acknowledges that boosting small business and encouraging start-ups is the best option for leading our economy into a period of sustainable growth.
As such, this Council joins Rory Stewart MP, Jamie Reed MP, Tim Farron MP and John Woodcock MP in formally supporting the Federation of Small Business” campaigning “Real-Life Entrepreneurs”.
Specifically noting that: we call on Government to simplify the tax system and look at the feasibility of introducing targeted VAT cuts in key sectors such as tourism to kick start the economy and stimulate growth.
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Councillor Ben Berry proposed the motion and this was seconded by Councillor Janette Jenkinson.
Councillor Ian Stewart put forward the following amendment – To remove “formally” (second sentence in second paragraph), remove the words “such as tourism” in the second line of the last paragraph and insert the following words at the end of the motion – “We further call for the income tax threshold to be raised further so that no one pays income tax on less than £12,500 i.e. the full time minimum wage, in order to help low and minimum wage earners in the south lakes and to boost demand in our local economy, to be paid for by higher taxes on the wealthy.”
This was seconded by Councillor Andy Shine.
Note – at this point in the discussion Councillor Jonathan Brook declared an interest as he was a member of the Federation of Small Businesses.
Councillor Berry, proposer of the original motion, declined to accept the amendment.
Note – at this point in the discussion Councillor David Evans declared a personal interest as he was a member of the Federation of Small Businesses
Following a debate on the amendment it was put to the vote and carried. Subsequently, the substantive motion was put to the meeting and it was
RESOLVED – That the following substantive motion be carried –
That this Council acknowledges that boosting small business and encouraging start-ups is the best option for leading our economy into a period of sustainable growth.
As such, this Council joins Rory Stewart MP, Jamie Reed MP, Tim Farron MP and John Woodcock MP in supporting the Federation of Small Business” campaigning “Real-Life Entrepreneurs”.
Specifically noting that: we call on Government to simplify the tax system and look at the feasibility of introducing targeted VAT cuts in key sectors to kick start the economy and stimulate growth.
We further call for the income tax threshold to be raised further so that no one pays income tax on less than £12,500 i.e. the full time minimum wage, in order to help low and minimum wage earners in the south lakes and to boost demand in our local economy, to be paid for by higher taxes on the wealthy.
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Motion – That Council resolves:
1.To thank Tim Farron MP and the NFU for running the “Fair Deal for Dairy Farmers’ Campaign.
2. To ask the Agriculture Minister to look at the Grocery Code Adjudicator Bill and press for regulation to be used to get a fair deal for local dairy farmers.
Councillor Peter Thornton proposed the motion and it was seconded by Councillor Mary Wilson.
Councillor Ben Berry proposed an amendment be made to the motion as follows – the deletion of the word “and” and the insertion of a comma after the words “Tim Farron MP” and the insertion of the words “and many others locally and nationally” after NFU in the first part of the motion; and the deletion of the word “used” in the second part of the motion changed to “available”.
This was seconded by Councillor John Holmes.
The mover of the original motion, Councillor Peter Thornton stated that while he accepted the spirit of the amendment, he was unable to agree to the specific wording proposed. He suggested that if Councillor Berry was prepared to modify his amendment so that the words being inserted into the first part, after NFU stated “and others locally and nationally”, and, rather than the additional wording which Councillor Berry had proposed in the second part, the deletion of the word “used” in the second part of his motion changed to “available”, he would be prepared to accept it in his original motion. Councillor Berry agreed.
It was subsequently
RESOLVED - That
(1) Tim Farron MP, the NFU and others locally and nationally be thanked for running the “Fair Deal for Dairy Farmers’ Campaign; and
(2) The Agriculture Minister be asked to look at the Grocery Code Adjudicator Bill and press for regulation to be available to get a fair deal for local dairy farmers.
The meeting ended at 9.25 pm
Page 10 Item No.6
PART I
South Lakeland District Council Resources and Partnerships Overview and Scrutiny Cabinet Council
Meeting Date: Resources and Partnerships Overview and Scrutiny 8 November 2012, Cabinet 28 November 2012, Council 18 December 2012. Report Author: Pete Notley, Chief Accountant Portfolio: David Evans, Policy, Performance & Resources Report from: Shelagh McGregor, Assistant Director (Resources) Wards affected: All Key Decision: N/A Forward Plan: N/A
Quarter 2 2012/13 CORPORATE FINANCIAL MONITORING REPORT
1.0 PURPOSE OF REPORT 1.1 This report is presented to advise Members of the financial position of the Council at 30 September 2012 and to obtain approvals to minor changes in the budgets.
2.0 RECOMMENDATIONS
It is recommended that Resources and Partnerships Overview and Scrutiny Committee: (1) Note the financial position of the Council at 30 September 2012, as detailed in the attached report. It is recommended that Cabinet:
Page 11 (1) Note the financial position of the Council at 30 September 2012, as detailed in the attached report. It is recommended that Council: (1) Note the financial position of the Council at 30 September 2012, as detailed in the attached report.
3.0 BACKGROUND 3.1 The quarterly monitoring report is attached and explains in detail the Council’s revenue and capital budget position at 30 September 2012.
4.0 RESEARCH AND CONSULTATION 4.1 No public consultation is necessary
5.0 PROPOSAL 5.1 The position at 30 September 2012 is a factual one that Members can note.
6.0 ALTERNATIVE OPTIONS 6.1 The position at 30 September 2012 is a factual one that Members can note.
7.0 NEXT STEPS 7.1 The figures as shown at the end of quarter 2 will inform the 2013/14 budget process.
8.0 IMPLICATIONS 8.1 Financial and Resources 8.1.1 Included in the report
8.2 Human Resources 8.2.1 There are no staffing issues arising from this report
8.3 Legal 8.3.1 There are no legal issues arising from this report.
8.4 Social, Economic and Environmental Impact 8.4.1 A sustainability impact assessment has not been carried out as the report is a statement of previous actions.
Page 12
9.0 RISK ASSESSMENT Risk Consequence Controls required Not effectively managing Possible legal challenge, Scrutiny of budgets budgets could lead to audit qualification and through review of overspending ultra vires expenditure monitoring reports.
10.0 EQUALITY AND DIVERSITY 10.1 An impact assessment has not been carried out as the report is a statement of previous actions.
11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 11.1 The proposals provide a sound financial framework for the delivery of corporate outcomes.
12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 The report presents the outcome of the second quarter financial monitoring for 2012/13. Explanations of variances are given.
APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Corporate Financial Monitoring to September 2012
CONTACT OFFICERS Peter Notley Chief Accountant Ext 7201 Helen Smith Financial Services Manager Ext 7217
BACKGROUND DOCUMENTS AVAILABLE None
TRACKING Assistant Portfolio Solicitor to the CMT Scrutiny Director Holder Council Committee 25/10/2012 25/10/2012 N/A 25/10/2012 8/11/2012 Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer 28/11/2012 N/A 18/12/2012 25/10/2012 25/10/2012
Page 13 Human Resource Services Manager N/A
Page 14
SMT 25 October 2012 Overview and Scrutiny 8 November 2012 Cabinet 28 November 2012 Council 18 December 2012
Corporate Financial Monitoring to 30 September 2012
Report of the Chief Accountant
Page1 15 1 INTRODUCTION
1.1 This is the second quarterly corporate financial monitoring report for 2012/13 and sets out the Council’s financial performance during the period to September 2012. The report summarises the General Fund revenue and capital positions with monitoring updates for large and volatile costs and income, approved savings, Treasury Management, Revenue Collection and Sundry and Long- term debtors. There are four appendices attached to this report as follows:
1. Revenue Budget monitoring 2. Budget Savings monitoring 3. Capital Budget monitoring 4. Treasury Management review
1.2 Following the LSVT to South Lakes Housing the Housing Revenue Account will continue to operate until approval to close it is received later this year. There is virtually no activity on the account and therefore no separate monitoring is included here.
2 GENERAL FUND REVENUE MONITORING
2.1 Summary by Assistant Director 2.1.1 Appendix 1 provides a full analysis of all the General Fund revenue cost centres and explanations for the major variances. The Appendix includes General Fund Services and Non-Service Items giving a total picture of the effect on the General Fund Balance, including corporate items. 2.1.2 Council, on 26 July 2012, approved requests to carry forward from 2011/12 and these have now been included in the budgets. The total revenue carry forward requests amount to £440k. 2.1.3 The table below summarises the information shown in Appendix 1 by Assistant Director area.
Table 1 Summary Variance Analysis Full Year Expenditure Income Overall Service Note Budget Variance Qtr2 Variance Qtr2 variance Qtr2 below £000 £000 £000 £000
Resources a 1,857 (170) (11) (181) Policy and Performance b 2,739 (115) 69 (46) Strategic Planning c 3,345 (108) (44) (152) Neighbourhood Services d 6,906 (418) 1 (417) Total Services 14,847 (811) 15 (796) Financing Entries e (1,880) 146 (75) 71 Reserves movements (47) 0 0 0 TOTAL BUDGET 12,920 (665) (60) (725)
2.1.4 As set out in Table 1 , General Fund net expenditure as at the 30 September 2012 is £725k lower than the profiled budget. The significant variances are described below.
Page2 16 a Resources is showing a variance of £181k lower than budget. This is due to: • £58k lower than budget payments into the Greater Manchester pension fund, which is partly due to the timing of invoices but is expected to be £25k lower by the year end; • £56k lower than budgeted Audit and Inspection Fees due to delays in invoicing from the external auditors (complicated by the changed to Grant Thornton UK LLP from October 2012); • £46k lower than budgeted expenditure on the work required to adjust the Council Tax systems to enable the new legislation to be implemented The remaining small variances are listed in Appendix 1. The current year end projection for the department is £35k lower than budget. b Policy and Performance is showing a variance of £46k lower than budget. There is a £35k underspend due to vacant posts. This is projected to be £70k lower than budget at the year end. There is £58k lower than budget showing against income due from the Eden shared IT service but the invoice sent out in October brings this back in line with the budget. The timing of income in the budget will be reviewed to ensure this matches the timing of invoices. The current year end projection for the department is £137k lower than budget. c Strategic Planning is showing a variance of £152k lower than budget. £60k is due to vacant posts (projected £74k saving at year end). A £30k underspend to date is showing against works on dangerous structures. Income from grants, rentals and development control work are anticipated to be on budget by year end. The current year end projection for the department is £104k lower than budget. d Neighbourhood Services is showing a variance of £417k lower than budget. A large element of the variance is against car parking services which has both lower expenditure and higher income (together, £165k lower than budget). The Service Manager is projecting this to be on budget at year end (see also section 2.2.4 below). Lake Windermere is showing net expenditure of £112k lower than the budget mainly due to income. The Service Manager is projecting a net underspend of £40k at year end. Further work will be done over the next quarter to review the profile of car park and Lake budgets. Parking enforcement is £53k higher than budget due to shortfalls in pay and display penalty income with the Service Manager projecting a deficit of £120k at year end. Further work is required from the service to identify how this position can be corrected and progress on this will be reported before the end of Quarter 3. The current year end projection for the department is £75k higher than budget. e. Within the financing entries are two items for interest payable and interest received. The budget assumed that part of the receipt from the sale of the housing stock would be used to repay debt and the interest payable budget was therefore reduced. This has not yet happened due to market conditions leading to an anticipated £150k overspend at year end. See section 5 below and the mid-year Treasury Management report at Appendix 4 for more details. The position on financing costs will be reviewed as part of the budget process including a cost/benefit calculation on early repayment premia vs ongoing increased interest payments. Page3 17 2.1.5 Taken together, the General Fund actual net revenue expenditure is broadly in line with the budget, based on the information available at Quarter 2. Detailed year end projections are included in Appendix 1.
2.2 SIGNIFICANT BUDGET AREAS Employee costs £12.1m 2.2.1 Employee costs are included in the variances reported in Appendix 1. A further summary is provided here since salaries are a significant element of the Council’s budget. The salary budgets presented are net of the 3% allowance for vacancy savings. The total under-spending against the Quarter 2 profiled budget is £112k with the main variances being due to vacant posts. 2.2.2 The Organisation Review currently underway considers the required level of Employee Budgets in future years. There is a target of £600k savings included in the 2013/14 base which the Review is on line to deliver. This will be reported as part of the Budget Process.
Table 2 Employee Budgets Profile Full Year Profiled Qtr 2 variance Actual - Service Budget Budget against Profile £000 £000 £000 %
Neighbourhood Services 5,417 2,679 (13) -0.5%
Policy and Performance 2,333 1,169 (45) -3.8%
Resources 2,300 1,156 4 0.3%
Strategic Planning 1,992 1,001 (58) -5.8%
TOTAL 12,042 6,005 (112) -1.9%
Quarter 2 previous year (2011/12) 12,068 6,019 (90) -1.5%
Building and Development Control Income £740k 2.2.3 Building Control income is on line with the profiled budget. Development Control is showing a small positive variance (see Appendix 1 ) but at this point it is expected to achieve the budgeted levels by the year end. Statutory changes to both planning rules and fees are causing uncertainty for this area in the future.
Car Parking £4.3m 2.2.4 As discussed above in 2.1.4d there are some high value variances within this area including both car parking and car parking enforcement budgets. These will be monitored closely prior to Quarter 3, including reviewing the service’s progress on resolving the projected year end overspend on enforcement (estimated as £120k higher than the budget).
Page4 18
3 2012/13 BUDGET SAVINGS MONITORING
3.1 Appendix 2 summarises the approved Budget reductions. These savings are already built into the revenue budgets. As at the end of Quarter 2 there are no significant under achievements of services savings projected.
4 CAPITAL PROGRAMME MONITORING
4.1 Appendix 3 lists all the projects within the current capital programme and sets out the budgets and spend to the end of September. The carry forward requests from 2011/12 and any other approved changes to date have been included. This is summarised in the table below by Assistant Director area.
Table 4 Capital Expenditure to 30 September 2012
Full Year Actual to Budget to Service Budget Quarter 2 Quarter 2 Variance £000 £000 £000 £000
Resources (note a) 20 -5 10 -15
Policy and Performance (note b) 339 238 140 98
Strategic Planning (note c) 2,180 342 395 -53
Neighbourhood Services (note d) 5,489 2,345 2,766 -421
TOTAL 8,028 2,920 3,311 -391
4.2 Against the total programme, spend to date is 36% compared to 26% at the same point in 2011/12 (£2,576k at Quarter 2 against total budget of of £9,842k in 2011/12). To date the overall spend on the programme is £2,920k which is £391k lower than budget. The full details explaining this can be found in Appendix 3 . The key items to note are: a. Resources is showing a variance of £15k lower than budget. This is mainly due to the timing of works on housing play areas (£10k lower than budget) together with an accrual that is awaiting an invoice (showing as -£5k of expenditure). b. Policy and Performance is showing a variance of £98k higher than budget. This variance is due to the Climate Change programme almost completing in the first half of the year. The Mobile Working budget is under review and may be reprofiled to later in programme, otherwise, there is no variance projected at year end. c. Strategic Planning is showing a variance of £53k lower than budget. This is made up of a number of relatively small variances detailed in Appendix 3 . Although only representing £10k of the variance to date, the budget for the Ferry Nab project of £755k in 2012/13 is likely to be re-profiled. The delivery of the project will be later than anticipated and is likely to commence in Page5 19 2013/14. This is a complex, high value project that involves multiple stakeholders. It will take time to fully develop the business case and obtain planning permission before the actual work can begin. Current projections are that £800k will be re-profiled into later years of the capital programme for this department. In addition there may be £150k lower than budgeted spend on public convenience works. The tender process resulted in lower prices than anticipated. d. Neighbourhood Services is showing a variance of £421k lower than budget. £190k of this relates to the Westmorland Shopping Centre car parking programme. This scheme is being reviewed alongside longer term options for this site linked to the condition of the concrete. A further £367k relates to the Vehicle Purchase Programme. This scheme is being reviewed as part of the budget process, taking into account possible changes from the Kerbside Recycling scheme and the condition of the current fleet. Disabled Facilities Grants are showing a variance in the other direction, being £178k higher than budget. This is a demand lead budget which is allocated as referrals come through but is limited to the amount of grant awarded in year. For this department it is projected that the outturn will be £350k lower than budget. This relates to Affordable Housing Grants which will be reprofiled into future years. 4.3 The 2012/13 budget for capital receipts is £165k. This is made up of income from Nobles Rest and an allowance for other smaller receipts, such as income from right to buy sales. To date, £19k has been received from the VAT shelter arrangements with South Lakes Housing. The position will be updated at Quarter 3. 4.4 As reported in Quarter 1, £150k is due in 2012/13 for part of the Berners site. This does not form part of the £165k budget and on the 27 September, Council agreed in principle for this to be used for other elements of the Berners project.
5 TREASURY MANAGEMENT
5.1 The Council has adopted CIPFA’s (the Chartered Institute of Public Finance and Accountancy) Code of Practice for Treasury Management. A detailed mid- year report is included at Appendix 4 in line the Code’s recommendations. 5.2 Activity has been within the limits set by both the Prudential and Treasury Indicators and the approved Treasury Management Strategy. 5.3 There are still high premia for early repayment on existing PWLB loans. This is delaying the intended repayment of debt using the LSVT receipt with a knock on to the Council’s borrowing costs (as discussed within section 2 above). The options and their impacts on 2012/13 and future years will be addressed within future budget setting reports.
6 REVENUE COLLECTION PERFORMANCE
6.1 Collection Fund 6.1.1 This section analyses the Council Tax and Business Rate collection statistics for the current financial year compared to the previous two years. This is summarised in Table 5 below. The Council tax Collection figure at 30 September 2012 is 59.04% marginally up on last year. Recovery timetables are
Page6 20 now on schedule and a good base has been established to improve on the 2011/2012 overall collection rate of 98.2%. 6.1.2 The Business Rates collection figure is 59.67%, this is significantly higher than last year’s performance (57.99%). Whilst this is very encouraging the improvement is partially down to the changes to the Small BR Relief Scheme introduced 1 October 2011 which resulted in reduced bills and hence a higher proportion being recovered. 6.1.3 It should be noted that in the case of both Council Tax and Business Rates that collection rates are slightly down on those 2 years ago which may reflect the difficulties experienced during the current economic downturn.
Table 5. Collection Fund Monitoring
Percentage 2010/11 2011/12 2012/13 Collected Quarter 2 % % %
Council Tax 59.27 58.96 59.04
Business Rates 59.85 57.99 59.67
6.2 Sundry debts 6.2.1 The level of outstanding sundry debts is summarised below.
Table 6. Aged debt analysis Debt Outstanding analysis Number £000 2012/13 Quarter 2
Less then 30 days 221 342.8 1 to 6 months 580 452.8 6 to 12 months 30 20.0 1 to 2 years 60 42.8 Over 2 years 167 94.4
TOTALS 1,058 952.8
Quarter 2 previous year (2011/12) 1,151 701.4
6.2.2 Since quarter one of 2012/13 the number and value of outstanding debts has reduced quite substantially (1,449 debts to value £1,273k at the end of June 2012). The main improvement has been in the shorter time periods; the number of invoices paid within thirty days has reduced from June figures of 369 debts to a value of £652k. Settlement of queries on encroachment rents is a factor in this reduction.
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Page 22 Appendix 1 Quarterly Budget Monitoring Full Year Expenditure Income Overall Anticipated to end Period 6 Budget Variance Variance Variance variance out- to Date to Date to Date turn Explanation of major variances as per quarter 2 £ £ £ £ £ General Fund Resources EFS Financial Services 21,381 -14,773 3,025 -11,748 ERA Internal Audit 403 -76 0 -76 ERB Revenues and Benefits 34,756 -31,409 -14,211 -45,620 -10,200 Delay in development of software for Council Tax reduction scheme (£30k). Additional admin grant for benefit and NNDR deferral scheme received but currently not billed for additional software costs (£14k). ERE Asst Dir Resources 360 541 0 541 EXC Management Team 1,121 3,132 0 3,132 GBN Council Tax Benefits 103,059 -1,317 0 -1,317 GBT Housing Bens Local Scheme 6,447 0 0 0 GFC Contingency Provision 0 0 0 0 GFI Corporate Finance 35,557 -295 0 -295 GFN NNDR Cost of Collection -18,141 -1,323 0 -1,323 GFS Unapportionable PensionAdj 296,637 -57,910 0 -57,910 -25,000 There has been a reduction in the monthly charge from the Greater Manchester Pension Fund and some variance to Page 23 the expected pattern of invoicing. GFT Council Tax Cost Collect 411,044 -1,367 0 -1,367 GGT Subscriptions Grants 19,202 -584 0 -584 GHG Gen Fund Contrib to HRA 474,561 2,088 0 2,088 GHX Rent Rebates 211,442 -4,523 0 -4,523 GPS Procurement Savings 0 0 0 0 GRA Rent Allowances -90,853 -1,930 0 -1,930 GRB Discretionary Housing Bens 1,020 0 0 0 GRD Discretionary Rate Relief 60,902 0 0 0 GSE District Special Expenses 46,604 -2,068 0 -2,068 GTH Other Items 28,137 -8,163 -2 -8,165 GTV Bank Charges 103,077 6,127 0 6,127 GTW Audit and Inspection 109,863 -56,376 0 -56,376 No invoices received following change of provider (Grant Thornton from Audit Comm) but expected to be fully spent.
Total Resources 1,856,579 -170,227 -11,187 -181,414 -35,200
Policy and Performance ECF AD Policy and Performance -160 596 0 596 ECH Human Resources 45,491 -16,315 1,707 -14,608 -40,000 Delay in implementing training due to restructuring; expect £40K still to be spent at year end (£15k) for SMT training and (£25k) for Customer Services training ECL Legal -29 202 535 737 ECU Customer Services 12,939 -10,540 4,975 -5,565 EDM Democratic and Member Services 0 0 0 0 ERI Information Services 61,336 3,910 58,226 62,136 Eden recharge invoice for £62K raised in period 7. Appendix 1 Quarterly Budget Monitoring Full Year Expenditure Income Overall Anticipated to end Period 6 Budget Variance Variance Variance variance out- to Date to Date to Date turn Explanation of major variances as per quarter 2 £ £ £ £ £ ERP Printing and Graphic Design 0 2,504 3,205 5,709 EXS Policy and Performance 15,817 -31,124 0 -31,124 -70,000 AD Corporate Vision vacant post (£35k to date, £70K full year) EXT Transformation and Change 0 0 0 0 GCA Corporate Administration 1,052,863 3,660 0 3,660 GCC Corporate Communications 195,280 2,332 7,119 9,451 GCD Partnerships and Communities 376,172 0 0 0 GCG Community Grants 80,000 -17,140 0 -17,140 -20,000 Projected grant spend for the year is now estimated at £60k. GCX Corporate Management 46,439 0 0 0 GEL Elections 124,596 9,282 -7,197 2,085 Government grant and estimated spend for Police and Crime Commissioner elections now £205k: virement of £175k approved as part of Q1 monitoring, additional virement of £30k requested. GEM Emergency Planning 48,554 -23,477 0 -23,477 -7,000 Expected spend approx £16k due to County one-off reduced charge; saving (£7k)
Page 24 GER Electoral Registration 160,141 0 227 227 GES SLDC Shared Services 0 0 0 0 GMM Members 383,261 -8,072 0 -8,072 GMY Safer Stronger 30,043 0 0 0 GOP Older People Programme 94,842 -19,011 0 -19,011 Request virement £57.6k to GCD71 Community Development to be spent on community projects (e.g. Young People, Localism, Energy); GOP10 balance expected to be fully spent later in 2012/13 GPR Consultation 62,718 -6,000 0 -6,000 GVR Chairmn Allow Civic Hosp 13,707 -5,411 0 -5,411 GXW Carbon Change Prog Savings -65,000 0 0 0 Total Policy and Performance 2,739,010 -114,606 68,797 -45,809 -137,000
Strategic Planning ECC Strategic Planning Admin -49 -13,718 -841 -14,560 ESE AD Strategic Planning 450 940 0 940 EUR AD Community Inv and Dev 33,468 -44,299 -188 -44,487 -74,000 AD CID vacant post (£38k); Development Management proposed staff saving not yet implemented (£24k); Development Implementation staff vacancies (£26k). GBC Building Control 263,532 -11,371 12,851 1,480 GCB Citizens Advice Bureaux 81,500 -1,500 0 -1,500 GCV Conservation Environment 70,590 5,191 3,406 8,597 GDC Development Control 409,697 -3,488 -18,727 -22,214 Vacant post (£15k); additional expenditure re. rugby club appeal to be funded from Planning Development Grant (£10.7k); Development Control Income surplus to date (£18k). GDS Dangerous Structures 54,314 -22,873 -4,856 -27,729 -30,000 Fountain Brow wall repair cost approx £23k, therefore potential budget saving approx £30k. Appendix 1 Quarterly Budget Monitoring Full Year Expenditure Income Overall Anticipated to end Period 6 Budget Variance Variance Variance variance out- to Date to Date to Date turn Explanation of major variances as per quarter 2 £ £ £ £ £ GED Economic Development 224,324 4,478 -5,940 -1,462 GEN Enabling Role 286,064 3,406 0 3,406 GEV Events 161,061 22,193 2,500 24,693 GGV Grants To Voluntary Orgs 151,891 -15,000 0 -15,000 GLC Local Land Charges -4,863 -274 787 513 GLP Local Plans 536,886 -2,687 26 -2,661 GMI Market Towns Initiative 0 0 0 0 GMU Museum 132,911 -5,285 -830 -6,115 GNH New Homes -74,300 0 3,011 3,011 GPB Publications Promotions 41,747 0 0 0 GPJ Town Centre Projects 2,666 -225 24 -201 GPL Planned Maintenance 532,531 0 0 0 GRM Kendal Regeneration Consultancy 8,168 -3,723 0 -3,723 GRP Kendal Regeneration 54,505 -6,800 -11,558 -18,358 Unbudgeted income contributions received to date from external bodies (£11.6k); additional unbudgeted income expected to be received in 2012/13 approx £25k - virement requested to approve an income budget and corresponding
Page 25 expenditure budget to enable this income to be spent
GSH Second Home Discounts 285,795 0 0 0 GSY Sundry Properties 3,072 -10,021 -14,210 -24,232 Community Rights to Challenge New Burdens grant income received (£8.5k), additional rental income (£8K) and residual NPS accruals (£9K). GTF Town Centre Facilities 79,830 -11,314 0 -11,314 Awaiting CCTV rental invoice (£17k) GTM Town Centre Management -4,638 4,839 2,518 7,358 GTP Tourism Promotion 31,768 0 0 0 GUL Industrial Units Landlord -31,668 180 -10,133 -9,953 GUT Indust Units Tenants 14,113 2,726 -1,591 1,135 Total Strategic Planning 3,345,365 -108,624 -43,752 -152,376 -104,000
Neighbourhood Services EPX Offices 14,030 -6,853 19,582 12,730 EUN Community Services -23,273 -23,440 -1,369 -24,809 Vacant posts within Business Support Unit (£21k) GCK Car Parks -2,067,037 -93,087 -71,613 -164,700 Vacant posts (£20k); surfaces expenditure to be incurred later in year (£44k); electric (£14k); water (£9k); software budget to be vired (£19k); (£89k) income surplus to date but expected to be approx in-line with budget at year end
GCL Community Leisure 31,448 -3,322 765 -2,557 GCM Cemeteries 80,315 -30,724 7,692 -23,032 Ground works expenditure committed but to be incurred later than planned (£12k) GCN Conveniences 444,937 -12,558 -50 -12,608 Expenditure for parish councils awaiting payment (£10k) GCP Coast Protection 26,667 -444 0 -444 Appendix 1 Quarterly Budget Monitoring Full Year Expenditure Income Overall Anticipated to end Period 6 Budget Variance Variance Variance variance out- to Date to Date to Date turn Explanation of major variances as per quarter 2 £ £ £ £ £ GCS Caravan Site -99,474 -38,813 91,363 52,550 Variance due to changes in cash flows under new management arrangement, income and expenditure profiles are to be clarified. GCY Concessionary Fares 0 0 0 0 GCZ Contaminated Land 45,682 1,850 0 1,850 GDY SLDC Depots 30,655 -14,636 -36,337 -50,974 Additional income (£36k) from rationalisation of asset base.
GEH Empty Homes 0 0 0 0 GFD Food Safety 217,296 2,796 6,953 9,749 GFW Flood Warning 11,553 -2,570 0 -2,570 GGK Decriminalised Parking Enf 85,312 -8,908 61,863 52,955 120,000 Salary savings (£12k); pay and display penalties £64k shortfall to date; potential shortfall at year end approx £120k
GGR Glebe Road Recreation Ground 0 15,677 -47,864 -32,187 15,000 Crazy golf net income (£32k); however there will be approx £15k income shortfall at year end when existing budgets are reallocated
Page 26 GHL Town View Fields Hostel 16,128 -18,969 21,970 3,001 GHM Homelessness 318,785 -48,429 18,573 -29,857 -20,000 B&B demand reduced therefore potential year end underspend approx (£20k) GHN Housing Renewal Grants 1,042,852 343 0 343 GHP Noise Air Water Pollution 251,570 3,536 -612 2,924 GHS Health Safety 126,126 1,551 0 1,551 GHT Housing Standards 172,972 -9,505 -3,531 -13,036 Consultants underspend (£10k) GHV Housing Advice 1,011 -13 0 -13 GLD Land Drainage 147,955 918 -4,000 -3,082 GLE Leisure Centres 1,009,587 -7,545 -2,647 -10,192 GLT Lighting 0 0 0 0 GLW Lake Windermere -586,134 -4,114 -108,508 -112,622 -40,000 NPS design work underspend (£17k); mooring surplus to date (18k); encroachments surplus to date (£80k); however profiling of income needs to be reviewed as potential year end surplus approx (£40k) GMA Hackney Carriage Licences 61,898 -1,215 -2,197 -3,412 GMC Miscellaneous Licences 43,476 -1,960 992 -968 GMD Licensing Act -67,915 -886 19,962 19,076 Premises income to be received later in the year than expected. GME Gambling Licensing 7,529 -900 -1,330 -2,230 GMK Markets -42,580 0 2,907 2,907 GOT Environmental Health Other 31,298 -3,149 510 -2,639 GPH Public Halls 468,048 -115 5,605 5,490 GPK Parks 788,713 -18,639 -10,390 -29,029 Grounds expenditure committed but to be incurred later than planned (£16k) GRG Recreation Grounds 160,683 -13,606 13,046 -560 GSN Street Furniture 15,862 -974 0 -974 GTC Tourist Info Centres 75,279 -4,841 0 -4,841 Appendix 1 Quarterly Budget Monitoring Full Year Expenditure Income Overall Anticipated to end Period 6 Budget Variance Variance Variance variance out- to Date to Date to Date turn Explanation of major variances as per quarter 2 £ £ £ £ £ GTG Street Cleansing Client 1,345,030 -1,021 0 -1,021 GWC Waste Coll Disposal Client 1,092,282 -6,305 3,863 -2,442 GWF Dog Control 29,410 71 -1,104 -1,034 GWK Kerbside Recycling Client 1,376,952 -9,822 23,800 13,978 £16k income to be received one month in arrears (Sale of Materials) GWR Waste Recycling 109,244 -870 -1,949 -2,819 GWS Water Supply and Pollution 71,520 -4,132 -1,816 -5,948 STG Street Cleansing Contractor 20,147 0 197 197 STS Transport 11,506 4,182 67 4,249 SWC Waste Collection Contractor 0 0 0 0 SWK Kerbside Recycling -Contractor 8,635 -56,980 -2,947 -59,926 Awaiting vehicle pool recharge (£32k); tipping and disposal costs committed but to be incurred later than planned (£6k)
Total Neighbourhood Services 6,905,980 -418,422 1,444 -416,978 75,000
Total General Fund 14,846,934 -811,880 15,303 -796,578 -201,200 Page 27 Non-Service Items Reserves and Grants VGS Financing entries -1,880,000 146,000 -75,000 71,000 150,000 Additional interest payments. VGS Reserves balances -47,000 0 0 0 20,000 Contra to GHM Homelessness above. Total Reserves and Grants -1,927,000 146,000 -75,000 71,000 170,000
Total General fund 12,919,934 -665,880 -59,697 -725,578 -31,200 Appendix 2
2012/13 Service Review Savings Monitoring & 2013/14 to 2015/16 Proposals Approved by Council 29/03/2012
Ref. AD/D Lead 2011/12 2012/13 2013/14 2014/15 2015/16 Ledger Code Progress Comment £ £ £ £ £ 1 Service Reviews 1.1
£45k implemented in 2011/12. Reorg proposals meet a Central Service & Corporate Management Cost SMcG 55,000 55,000 55,000 ERE01 future yrs targets.
GPH81 New saving for 2012/13. On target. Reorg proposals meet e Public Halls - Halls MK 0 30,000 30,000 30,000 30,000 GPH82 future yrs targets. Recreational Grounds - Glebe and White Plts. Links to f MK/SR 0 TBA TBA TBA TBA n/a TBA Leisure Contract.
£30k recurring 2011/12 target achieved and on target for h Environmental Protection & Public Health SR 19,000 19,000 19,000 19,000 EUN73 2012/13. Reorg proposals meet future yrs targets.
A recurring reduction of c£204k has been achieved from j SLDC Management Review LC 100,000 100,000 100,000 100,000 100,000 EXC10 2012/13.
£104K met from j above. Work on organisational review is k Organisational re-engineering SMT 0 0 150,000 150,000 150,000 EXC10 underway to achieve the balance.
1.2 Service Reviews continued
Page 28 New saving for 2012/13. Not on target. No income received bi Communications SMcV 15,000 15,000 15,000 15,000 GCC81 to date re. shared cost of Comms. Manager.
d Customer Contact Centre Services SMcV 10,000 10,000 10,000 10,000 10,000 ECU43 Not on target. No income received to date.
GLP31 / £35k 2011/12 target achieved and on target for 2012/13. e Development Plans & Strategy Services MK 25,000 25,000 25,000 25,000 GCV51 Reorg proposals meet future yrs targets.
New saving for 2012/13. On target. Reorg proposals meet f On Street Enforcement SR 0 100,000 100,000 100,000 100,000 GGK82 future yrs targets.
£45k 2011/12 target achieved and £68k on target for h Rationalisation of Asset Base MK 26,000 26,000 26,000 26,000 EPX01 2012/13.
ERP33 / l Procurement SMcG 19,400 19,400 19,400 19,400 £80.6k 2011/12 target achieved and on target for 2012/13 GWC12?
Various 13552 Various 13550 m Review Terms and Conditions SMcV 0 50,000 50,000 50,000 50,000 New saving for 2012/13. On target. GCK81 11102 GGK82 11102
1 of 2 Appendix 2
2012/13 Service Review Savings Monitoring & 2013/14 to 2015/16 Proposals Approved by Council 29/03/2012
Ref. AD/D Lead 2011/12 2012/13 2013/14 2014/15 2015/16 Ledger Code Progress Comment £ £ £ £ £ Not on target - EUR83 -proposed Urban Vision savings not yet implemented. Reorg proposal may deliver targets from n/o Planning/Dev Control/Building Control / Land Charges MK 65,000 75,000 75,000 75,000 EUR83 future yrs. Vari\nce 23K, but offset by vacancy saving (£15K) in GDC01
q Cost of Democracy SMcV 0 10,000 10,000 10,000 10,000 GMM21 New saving for 2012/13. On target.
r Covalent review SMcV 0 10,000 10,000 10,000 10,000 EXS22 14556 New saving for 2012/13. On target.
Sub-total 110,000 479,400 694,400 694,400 694,400 1.3 Grant Support & Third Party Contract Reviews Payments to conservation and environmental management a MK 0 0 13,000 13,000 13,000 GCV51 On target partnerships - AONB GGV31 b Economic Regeneration & Arts Grants MK 0 60,000 60,000 60,000 60,000 New saving for 2012/13. On target. GCG31
£96k 2011/12 target achieved. The balance of the £270 = e Leisure Services SR 44,000 174,000 174,000 174,000 GLE01 £174k on target for 2013/14 New saving for 2012/13. On target. Support to Orgs is f (Support to External Bodies) Subscriptions ADs 0 25,000 25,000 25,000 25,000 14864 under review. This is the additional £102k approved by Council. Nil is g LAPS SMcV 0 -102,000 0 0 0 GCD63-70 included for LAPS in future years budgets. Review as part
Page 29 of budget process. Sub-total 0 27,000 272,000 272,000 272,000 1.4 Cease to Directly Provide & Other GTC61, GTC62, a TICs MK 25,000 40,000 121,000 121,000 GTC64, c£230k 2011/12 target achieved and on target for 2012/13 GTC65, GTC67
b Public Conveniences MK/SR 100,000 230,000 230,000 230,000 GCN11 £40k 2011/12 achieved and on target for 2012/13
d Total Growth in MTFP SMT 300,000 600,000 900,000 1,200,000 1,500,000 This is the reduction in growth incorporated as part of e Less Growth from allocated to in base budget SMT -179,900 -379,900 -579,900 -779,900 -979,900 balancing the budget. Savings unlikely to be fully achieved as economic situation f Reduction in Capital Programme Borrowing SMcG/HS 0 140,000 280,000 420,000 560,000 VGR27 not conducive to debt repayment - this will be reviewed as part of the MTFP update. Contingency removed from budget so therefore target h Removal of Contingency SMcG 0 130,000 130,000 130,000 130,000 GFC51 achieved Sub-total 120,100 615,100 1,000,100 1,321,100 1,561,100 2 Income Growth: 2.1 New Sources/Charges
Savings in future years dependent on capital project being f Ferry Nab MK 0 0 280,000 493,000 493,000 n/a developed, approved and implemented.
Sub-total 0 0 280,000 493,000 493,000
Totals Savings Proposals 2012/13 onwards Per Feb Council 2012 Budget 230,100 1,121,500 2,246,500 2,780,500 3,020,500 Hidden columns for detailed 2011/12 savings
Total savings achieved 2011/12 1,245,500 1,336,030 1,363,030 1,370,030 1,378,030
Grand Total Savings Proposals 1,475,600 2,457,530 3,609,530 4,150,530 4,398,530 The reference numbers are not consecutive as some that have been delivered and the detailed rows are hidden.
2 of 2 Appendix 3
SOUTH LAKELAND DISTRICT COUNCIL - Capital Budget Monitoring Full Year Budget Expenditure Budget to Date including Variance Explanation of major variances £ £ commitment £ £ Resources JNM50 HRA Planned Maintenance 0 0 -5,048 -5,048 JNM51 Housing Play Areas 20,000 10,000 0 -10,000 KYH11 Sale of HRA Land 00 0 0 Total Resources 20,000 10,000 -5,048 -15,048
Policy and Performance KIT19 Replacement Revs and Bens Syst 0 0 1,825 1,825 KIT27 Mobile Working 50,000 0 0 0 This is under review as part of budget process; it is anticipated that this will be reprofiled into 2013/14 as part of the review of the Capital Programme KIT90 IT Replacement Fund 45,000 22,500 22,117 -383 KOS01 One Stop Shops 0 0 -2,826 -2,826
Page 30 KXF51 Access To Services 20,000 8,750 370 -8,380 KXW21 Climate Change Programme 224,000 108,250 216,523 108,273 This project has almost finished and is anticipated to spend up to budget. Total Policy and Performance 339,000 139,500 238,009 98,509
Strategic Planning KEP51 Public Conveniences 570,700 326,775 301,490 -25,285 Work in progress; potential year end saving approx (£150k) KGT20 Site Assembly for Afford Hous 476,200 0 275 275 Work to start October; expected to be fully spent 2012/13
KGX17 TownViewFields Cap Cont Paymt 0 0 64 64 KLL14 New Patrol Boat 19,000 19,000 18,528 -472 Added in to programme since quarter-1 KLL16 Rayrigg Meadow Public Jetties 18,000 4,500 15,821 11,321 Expected to be fully spent 2012/13 KLL17 Ferry Nab redevelopment 755,000 10,000 0 -10,000 Awaiting planning permission; profile of expenditure under review as part of the budget process. KMR01 Grange Footbridges 8,200 2,050 940 -1,110 KMR22 Castle Dairy 0 0 108 108 KPE11 Env Improvements District 0 0 -583 -583 KPG01 Historic Building Grants 8,300 2,775 1,804 -971 KRE04 Grange Regeneration Programme 37,200 16,800 3,229 -13,571 Applied for HLF match funding; potential delay in start KRE55 New Road Common - Design 27,100 13,275 198 -13,077 Under review pending outcome of Canal Head development KRE59 Highgate Project 260,000 0 0 0 Expected to be fully spent 2012/13 KXB26 SL House Heat Chiller Unit 0 0 413 413 Total Strategic Planning 2,179,700 395,175 342,286 -52,889 Appendix 3
Full Year Budget Expenditure Budget to Date including Variance Explanation of major variances £ £ commitment £ £
Neighbourhood Services KDP01 Ecclerigg Depot 150,000 0 10,605 10,605 Work to start Jan; expected to be fully spent 2012/13 KGD21 Mand Disabled Fac Grants 641,800 321,825 499,367 177,542 Demand-led expenditure; expected to be fully spent 2012/13; DCLG grant income received supports Capital Programme KGS01 Afford Housing Grants (AHRG) 743,500 362,625 298,447 -64,178 Demand-led expenditure; expected to spend approx £400k 2012/13; KLH01 Coronation Hall Lights Seats 50,000 25,000 49,442 24,442 Work to complete December; expected to be fully spent 2012/13 KLR22 Rothay Park Ambleside 0 0 -250 -250 KLR31 Nobles Rest Park Improvements 66,360 2,950 3,140 190 Affordable housing land expenditure identified £60k; to be discussed with portfolio holder to scope wider project and possible steering group KPY38 WSC Car Park Remediation Works 373,400 175,850 -13,883 -189,733 NPS Design fees over-accrued; awaiting contractor to report works progress; expected to spend approx £70k Page 31 2012/13; any potential 2013/14 budget saving to be discussed regarding corporate plan future priorities KPY41 DDA Works Various Car Parks 63,800 25,950 6,804 -19,146 Work to start October; expected to spend approx £48k 2012/13; potential saving £15k KPY42 Replace Car Park Pay Machines 300,000 300,000 307,508 7,508 Expected to be overspent approx £8k 2012/13 KPY43 Stock Ghyll Bridge Repairs 00 0 0 KSC91 Vehicle Purchase 3,100,000 1,551,500 1,184,420 -367,080 Report to go to Cabinet regarding Kerbside Recycling KTY02 Tram Footpath Kendal Heights 0 0 -250 -250 Total Neighbourhood Services 5,488,860 2,765,700 2,345,349 -420,351
GRAND TOTAL 8,027,560 3,310,375 2,920,620 -389,778 APPENDIX 4
2012/13 Treasury Management Update to 30 th September 2012.
1. The Council’s Treasury Management operation ensures cash flow during the year is adequately planned, with surplus monies being invested in line with the approved investment strategy. 2. The second main function is to support the funding of the Council’s capital plans. The element of the capital programme that is not financed from external grants, capital receipts or other contributions will add to the Council’s Capital Financing Requirement (CFR). This represents the underlying borrowing need of the Council. External borrowing needs to be consistent with the CFR. 3. The Council’s Treasury Management Strategy Statement was approved on 29 March 2012 along with the Treasury and Prudential Indicators. As well as an annual Treasury Management Strategy Statement, CIPFA’s Code of Practice on Treasury Management requires a Mid-Year Review Report as contained within this Appendix.
Economic update and interest rate forecast 4. In terms of the wider economy, key points to note are: • Indicators suggested that economic growth returned after three quarters of recession • Retail sales held up well and spending off the high street strengthened • Employment continued to rise at a strong pace; • The trend in public borrowing has continued to deteriorate • The Monetary Policy Committee announced more asset purchases • UK government bond prices rose
5. In terms of local factors a number of indicators point to additional pressures on the local economy: • Gross annual income has fallen over the last couple of years • House prices have and are falling although the area is still the most expensive in Cumbria • The very wet summer weather coupled with the Olympics in London have had a negative impact on the area’s tourist trade.
6. The Council’s treasury adviser (Sector) has provided the following interest rate forecast: Table 1 Interest forecast Dec Mar Dec Mar Dec Mar 2012 2013 2013 2014 2014 2015 Sectors’ Bank Base Rate View 0.50% 0.50% 0.50% 0.50% 0.75% 1.00% 5 Year PWLB rate 1.50% 1.50% 1.70% 1.80% 2.10% 2.30% 10 Year PWLB rate 2.50% 2.50% 2.70% 2.80% 3.20% 3.30% 25 Year PWLB rate 3.70% 3.70% 3.80% 3.90% 4.20% 4.30% 50 Year PWLB rate 3.90% 3.90% 4.00% 4.10% 4.40% 4.50%
Page 32 APPENDIX 4
7. Sector undertook a review of its interest rate forecast following the issue of the Bank of England Inflation report of August 2012. Consequently, it pushed back the first rise in Bank Rate to Q4 2014 as well as lowering the pace of rises in ‘gilt’ yields (Government bonds that have a direct impact on the PWLB loan rate). 8. The main significance of this economic information on the Treasury strategy is that interest rates are set to remain very low compared to pre 2008 levels. From table 1, there is unlikely to be any material improvement in this position until well into 2014/15. This would continue the poor investment returns and maintain high premiums for repayment of the Council’s existing PWLB debt.
Capital expenditure and funding 9. The opening CFR for 2012/13 was £22,529k (as per 2011/12 final accounts). As noted above, the CFR forms the basis of the Council’s need for long term borrowing. There has been no need for any additional borrowing in the second quarter and the external debt level remains at £20,500k, all held as fixed maturity loans with the PWLB. No debt has been repaid as the conditions for early repayment have not been favourable, as noted in paragraph 8 above. 10. The table below shows the latest capital programme and the changes since it was approved by the Council in February 2012. The amendments are the carry-forwards from 2011/12 and the additional acquisition of a new patrol boat (£19k).
Table 2 Capital programme summary
L ]]`Q0VR L :]1 :C]`Q$`:IIVG7 Q`1$1J:C :IVJRIVJ Q :C :1 :J R1`VH Q` ( ( ( VQ%`HV QC1H7:JR V``Q`I:JHV `: V$1H C:JJ1J$ 5 5 V1$.GQ%`.QQRV`01HV 5 5 Q :C 5 5
11. There have been no changes to the underlying funding assumptions of the capital programme in terms of the impact on the CFR as a result of changes to the programme; there was no borrowing assumed in 2011/12 and the new patrol boat is to be funded from a revenue contribution. 12. Looking forward, capital monitoring to date (see Qtr 2 Corporate Monitoring, section 3) suggests that pressure on capital resources will be less than expected in 2012/13 largely due to anticipated re-profiling of expenditure (such as Ferry Nab). In addition, there may be a £150k saving on the public convenience scheme, which will be monitored closely. Overall, across the 5 year programme, there is no material change. 13. Overall, at the end of quarter 2 there were no changes to the 5 year capital programme in terms of the underlying need to borrow. There may be higher cash balances than anticipated due to deferral of some Council financed capital schemes.
Page 33 APPENDIX 4
Borrowing and Prudential Indicators 14. A full list of the Council’s approved Prudential Indicators is contained within Appendix 1 of the report to Council 29 March 2012. In terms of limits on external debt, the Council has an operational boundary and an authorised limit (which must not be breached) on external debt. Table 3 summarises this and shows that as at the end of quarter 2, these limits had not been breached.
Table 3 borrowing and limits £000 Actual borrowing 20,500 Authorised limit 43,033 Operational boundary 24,912
15. In addition, the Council has approved limits on the maturity profile and interest structure (proportion of fixed and variable rate loans) of borrowings. The portfolio has not changed in the year remaining 100% fixed maturity PWLB loans due to mature in more than 10years. 16. Given the comments above about the capital programme, there is not judged to be any need for further borrowing and so little risk of breaching either of the borrowing limits, maturity profile or interest rate exposure indicators in the second half of 2012/13. 17. Importantly, net borrowings (borrowings less investments) are also below the CFR. This is a key indicator as it shows that the Authority is not borrowing to fund revenue activities. This is clearly the case as the actual borrowing (£20,500k) is already below the CFR (£22,529k). 18. In terms of the cost of borrowing, prior to housing transfer an element of the cost of PWLB loans was picked up through recharges to the HRA. The 2012/13 budget assumed repayment of the HRA element of external borrowing after the housing transfer. This has not happened due to very high repayment premia. As a result of this the Council has higher cash balances but also higher borrowing than anticipated. Borrowing costs are well above the rate of return on investments so this could lead to an additional £292k of interest charges. This will be reduced by increased income (see investment portfolio section below).
Investment Portfolio 19. The Council held £28.5m of investments as at 30 September 2012 (£24.5m at 31 March 2012). Of this, the Council holds £20.2m core cash balances for investment purposes held with an external fund manager (Investec).The remaining funds are dependent on day to day cash flow, such as the timing of precept payments, receipt of grants and progress on the Capital Programme. The portfolio at the end of the quarter is summarised in table 4 below.
Page 34 APPENDIX 4
Table 4 summary of investments Counterparty £ Newcastle Building Society 1,500.000 Principality Building Society 2,000,000 Nottingham Building Society 2,000,000 Nationwide Building Society 2,000,000 Bank of Scotland 750,000 Investec Portfolio 20,180,093 Total 28,430,093
20. The Council’s budgeted investment return for 2012/13 is £216k, performance for the year to date is £181k. Should the Council take the decision to repay outstanding debt, returns will fall in the next quarter. However, should the repayment not go ahead, it is reasonable to assume that investment returns will be around £360k based on the half year performance. This however is offset by the increased interest cost of holding PWLB loans where the current portfolio costs £887k pa in interest as opposed to the budget of £595k. The net impact is around £150k additional interest.
Table 4 Investment performance. Council Investec Investment Bank rate 3 month LIBID Performance Performance Interest Earned 0.5% 0.64% 0.45% 1.22%* £181k *this is the rate per the Investec valuation summary for the first 6 months, doubled to give an annual figure.
21. The Assistant Director (Section 151 Officer) confirms that the approved limits within the Annual Investment Strategy were not breached during the first six months of 2012/13.
Conclusions 22. Overall, it has been an uneventful quarter for Treasury Management. The debt portfolio has remained static, investments have been placed in line with the approved strategy and there are no additional pressures coming through from the capital programme. Some larger strategic issues will need to be reviewed as part of the budget process, namely the decision about whether repayment premia are preferable to higher interest costs, and the likely impact of this on 2012/13 out-turn and future years’ budgets.
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Page 36 Item No.7
PART I
South Lakeland District Council COUNCIL Meeting Date: 18th December 2012 Report Author: Alan Raven (Revenues & Benefits Manager) Portfolio: Policy, Performance and Resources Report from: Assistant Director (Resources) & Section 151 Officer Wards affected: Not Applicable Key Decision: Not Applicable Key Decision Not Applicable Notice Changes to Council Tax Discounts from 1 st April 2013. 1.0 PURPOSE OF REPORT 1.1 The Local Government Finance Act 2012 provides opportunities for Local Authorities to raise additional revenue from Council Tax by reducing discounts on second homes and vacant properties. Cabinet on 28 th November 2012, following public consultation and input from Resources and Partnerships Overview and Scrutiny Committee, recommended that the Council Tax discounts detailed below are adopted by Full Council to take effect from 1 st April 2013. 2.0 RECOMMENDATIONS Council is asked to consider the following recommendation from Cabinet: (1) That the following Council Tax discounts are to take effect from 1 st April 2013 under Sections 11A and 11B of the Local Government Finance Act 1992 (as amended): a) The Council Tax discount on second homes is reduced from 10% to 0%, with the additional income raised used to offset the reduction in government grant on the replacement of Council Tax Benefit with a Local Council Tax Reduction Scheme; b) The Council Tax discount on dwellings that have been vacant for more than 6 months be reduced from 50% to 0%; c) The Council Tax discount on any property that is unoccupied and undergoing structural repair to render it habitable shall be 100% for a maximum period of 12 months from the date structural repairs began; d) The Council Tax discount for properties that are vacant for up to 6 months shall be 100%;
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e) A Council Tax premium of 50%, totalling 150% Council Tax, is applied to dwellings which have been vacant for more than 2 years, subject to any statutory or local exemptions which may be applied; f) The 2012/2013 budget for local Council Tax discounts of £3,200 be increased by £10,000 in 2013/2014 to recognise that some hardship cases will arise as a result of the major changes being made to Council Tax discounts on vacant properties and will be determined in accordance with Section 13 of the Local Government Finance Act 1992; g) Discussions with both Cumbria County Council and Cumbria Police Authority continue with a view to determining a reasonable share of the additional revenue that this decision to reduce empty property discounts will generate; and h) A further review of Council Tax discounts is undertaken during the financial year 2013/2014 to determine whether changes are required from 1 st April 2014 in the light of experience gained and the financial benefits generated for this council.
3.0 BACKGROUND 3.1 As Council will be aware, local authorities face a challenging financial environment. In particular, large reductions in central government grant are planned for in each year of the 2011-15 Comprehensive Spending Review period. In addition, the Government’s deficit reduction programme is passing a number of extra costs on to local authorities. In this case the replacement scheme for Council Tax Benefit, known as Council Tax Reduction will result in a 10% grant reduction. Council will consider a separate report with proposals for the Local Council Tax Reduction Scheme. This council has already made substantial savings to balance its budget over the medium term. However, this is an ongoing process and the technical changes to Council Tax give the council an opportunity to remove some anomalies which reduce the amount of council tax paid on some properties.
3.2 The Local Government Finance Act 2012 includes a number of ‘technical changes’ to Council Tax. Five changes in particular give councils the opportunity to change existing discounts or exemptions. These are: • The Council Tax discount on second homes can be reduced to 0%: the present statutory minimum discount is 10%;
• The 12 month exemption for properties undergoing major repair or structural alteration is to be abolished. In future a discount will apply for twelve months, but billing authorities will be able to determine the level of the discount, including setting it at 0%;
• The existing power to reduce discounts for properties which have been unoccupied and substantially unfurnished for more than six months is still to be determined locally but the proceeds will now be retained locally;
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• The exemption for properties which have been unoccupied and substantially unfurnished for less than six months is to be abolished. Instead, Billing authorities will be able to determine the level and duration of the discount;
• A Council Tax premium of up to 50% can be applied to houses empty for more than two years (regulations will prescribe certain exceptions).
The Government has estimated that, taken together, the above could raise up to £400m per annum nationally. Section 8 below explores the extra income that could be raised by the council.
3.3 Two other significant changes are to be introduced:
Council Tax payers will be given a legal right to pay by twelve instalments on request, although the default will still be ten instalments; and
Councils will no longer need to provide each Council Tax payer with a hard copy of the information that supports the Council Tax bill. The information will have to be available on the council’s website.
3.4 It should be noted that a number of discounts are set nationally where the Council has no discretion. The main one is the Single Person Discount, which is set at 25%. A number of councils have lobbied for the ability to reduce this discount as a means of ensuring the burden of the government’s changes does not fall solely on less well-off families. However, it appears that the Government is adamant that this will not change. In South Lakeland, 15,500 properties receive a 25% discount.
3.5 Full Council will now need to agree any Council Tax discount changes to enable the Council Tax Base to be set by the statutory deadline of 31 st January 2013.
3.6 The calculation of the 2012-13 taxbase in January 2012 was based on there being 50,728 dwellings that were liable for Council Tax after deducting 1,438 properties that were exempt at that time.
4.0 RESEARCH AND CONSULTATION The Local Government Finance Act 2012 amends Section 11A of the Local Government Finance Act 1992 giving local authorities more discretion to amend Council Tax discounts and inserts Section 11B in relation to determining higher amounts of Council Tax for long term empty dwellings: Council Tax Discount on Second Homes 4.1 From April 2013, councils will be able to reduce the discount on second homes to nil. The current minimum (applied by South Lakeland District Council) is 10%. 4.2 The down-side of this would be that there would be no incentive for owners to declare their houses as second homes and the record of second homes would become less accurate over time. The Government has said it is not introducing a requirement for second home owners to notify councils as this would be unworkable. However, householders will still be asked to provide details of the
Page 39
current status of the property. It is assumed that most owners will provide accurate information. 4.3 Having less accurate records of second homes raises a number of issues as follows:
• The information has been useful for housing purposes: the Housing Group may need to derive similar information from other sources;
• Under a ten year agreement (started April 2009) between Cumbria County Council and all the Cumbrian districts, the County Council granted back to each of the districts a third of the extra Council Tax raised for the County by the Districts (as Billing Authorities) reducing the discount from 50% to 10%. For South Lakeland, this is £610,000 per annum. The agreement was made to ensure that part of the total Council Tax raised was retained within the district in which it arose. Before Full Council makes the final decision, it will need confirmation that removing the current 10% discount would not impact on the existing grant-back arrangements with the County Council. The County Council has advised that it will not be looking to change the agreement for 2013/2014.
• Historically, Council Tax income has been equalised within the central government grant mechanism. This meant that, in the long-run, councils did not retain the benefit of an increased Council Tax taxbase. An exception was made for the additional Council Tax raised by reducing the discount on second homes below 50% (i.e. the statutory maximum): this was ring-fenced to the Billing Authority (South Lakeland), which reduced the discount, and the major preceptors (County and Police). It has been confirmed that with the advent of the new system of central government grant from April 2013 (Business Rates retention), the benefit of any growth in the Council Tax base continues to accrue to South Lakeland District Council.
4.4 The main argument for reducing the discount on second homes is that the council has to provide the same level of service whether a dwelling is occupied or not. The County Council and the Police will also benefit from additional income which is estimated to be £458,000 and £82,000 respectively. There are also arguments that: • A large number of second homes in an area can make local communities less sustainable. This can create issues that the local authorities have to address. • From April 2013 Council Tax Benefit will be replaced with a new Local Reduction Scheme when government grant funding will be reduced by 10% or £560,000. The additional income raised by reducing the discount on second homes will cover this loss of grant. 4.5 Between 22 August 2012 and 31 October 2012 SLDC consulted on possible changes to Council Tax discounts and on 28 th November 2012 Cabinet
Page 40
considered the results of the consultation exercise and made the above recommendations to Full Council.
5.0 PROPOSAL 5.1 It has been recommended that Council considers and makes the following changes to Council Tax discounts to take effect from 1 st April 2013: • The Council Tax discount on second homes and properties that have been empty for more than 6 months be removed. • The Council Tax discount on properties undergoing major repairs or structural alterations and on properties which are empty for up to 6 months remains at 100%. • A 50% Council Tax premium will be raised on properties which have been empty for more than 2 years. The information provided through the consultation exercise has resulted in the proposals and recommendations in this report.
6.0 ALTERNATIVE OPTIONS 6.1 Removing the current 10% Council Tax discount on second homes will adequately cover the reduction in government grant on replacing the Council Tax Benefit Scheme with the new Local Council Tax Reduction Scheme. This would ensure current Council Tax Benefit claimants will broadly receive the same amount of reduction as currently. It would not therefore be necessary to make any further reductions or remove any other Council Tax discounts. Clearly by doing so will provide additional revenue not only to this council but also Cumbria County Council and Cumbria Police Authority. 7.0 NEXT STEPS 7.1 The Council Tax discounts determined by Full Council from 1 st April 2013 will be incorporated in the resolution (February 2013) setting the Council Tax for 2013/2014 with a clear legal definition of the classes in accordance with Regulations to be issued by the Secretary of State. Decisions by Full Council on any discount changes must be agreed prior to setting the tax base for 2013/2014 as Council Tax discounts are a material factor in this process. The statutory deadline for setting the tax base for 2013/2014 is 31 st January 2013.
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8.0 IMPLICATIONS 8.1 Financial and Resources The table below estimates the additional income that will be raised for this Council, Cumbria County Council and Cumbria Police Authority by agreeing the recommendations in this report
ADDITIONAL INCOME BY AUTHORITY Second Homes Properties vacant Premium on TOTAL Discount to more than 6 properties vacant 0% months over 2 years Cumbria CC £ 458,000 £ 516,000 £ 154,000 £ 1,128,000 Cumbria PA £ 82,000 £ 89,000 £ 27,000 £ 198,000 SLDC £ 70,000 £ 78,000 £ 23,500 £ 171,500 TOTAL £ 610,000 £ 683,000 £ 204,500 £ 1,497,500
8.2 Human Resources 8.2.1 There are no Human Resource implications to this report. 8.3 Legal 8.3.1 The Local Government Finance Act 2012 introduces the Council Tax discount changes as detailed in this report. The Secretary of State is now required to issue Regulations containing the detail but these regulations are still awaited. 8.3.2 The Council Tax Setting Resolution of Full Council will also prescribe in detail each class of discount and the relevant % to be applied for the financial year 2013/2014. 8.4 Social, Economic and Environmental Impact 8.4.1 A sustainability impact assessment has not been carried out. 8.4.2 This proposal is considered to have a neutral impact on sustainability.
9.0 RISK ASSESSMENT Risk Consequence Controls required The removal or reduction Local Council Tax Careful consideration to of any discount may discounts may need to representations made create financial hardship be awarded to avoid through the consultation to some individuals. severe financial hardship exercise. Adequate but the full cost would be budget so that met by this council. allowances can be made in the most deserving cases.
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10.0 EQUALITY AND DIVERSITY
10.1 An equality and diversity impact assessment has been undertaken. There have been no adverse impacts found on any group and the comments from the consultation have been considered and the assessment can be viewed on the Council’s website.
11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS Housing – Provide homes to meet need 12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 Introducing the changes to Council Tax discounts as recommended will increase Council Tax revenue for this Council, Cumbria County Council and Cumbria Police Authority. The outcome will be increased Council Tax bills for owners of second homes; owners of properties empty for longer than 6 months and extra Council Tax on owners of properties empty for over 2 years. APPENDICES ATTACHED TO THIS REPORT – N/A
CONTACT OFFICERS Alan Raven, Revenues & Benefits Manager – Tel: 01539 717204 – e-mail [email protected]
BACKGROUND DOCUMENTS AVAILABLE Department for Communities and Local Government – Localising Support for Council Tax – A Statement of Intent – Funding Arrangements Consultation – Technical Reforms to Council Tax – Transitional Grant Scheme SLDC website – Detailed comments and responses from consultation
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TRACKING Assista nt Portfolio Solicitor to CMT Scrutiny Director Holder the Council Committee 28/11/12 28/11/12 28/11/12 11/10/12 08/11/12 Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer 28/11/12 N/A N/A 28/11/12 28/11/12 Human Resource Services Manager N/A
Page 44 Item No.8
PART I
South Lakeland District Council FULL COUNCIL Meeting Date: 18th December 2012 Report Author: Alan Raven – Revenues & Benefits Manager Portfolio: Councillor David Evans Report from: Shelagh McGregor (Assistant Director Resources) Wards a ffected: ALL Key Decision: Not Applicable Key Decision Not Applicable Notice:
Local Scheme for Council Tax Reduction: A Replacement for Council Tax Benefit 1.0 PURPOSE OF REPORT 1.1 This report is presented to enable Full Council to consider a recommendation from Cabinet to adopt a Local Council Tax Reduction Scheme that will replace Council Tax Benefit (CTB) with effect from 1 st April 2013. 1.2 The government’s Welfare Reform Act 2012 repeals Council Tax Benefit with effect from 1 st April 2013 and replaces it with a new local Council Tax Reduction Scheme. The provisions for the new scheme are included in the Local Government Finance Act 2012 through the substitution of Section 13A of the Local Government Finance Act 1992. Schedule 1A of the 2012 Act contains details for the Scheme including that the Secretary of State must by Regulations prescribe a Default Scheme. 1.3 Cabinet on 28 th November 2012 recommended that this Council, following public consultation, adopts the Default Scheme which has been prescribed by the Secretary of State. 2.0 RECOMMENDATIONS
Full Council is requested to consider the following recommendation from Cabinet:
(1) To adopt the default scheme as prescribed by the Secretary of State under Schedule 1A to the Local Government Finance Act 1992 as its Council Tax Reduction Scheme to replace Council Tax Benefit with effect from 1 st April
Page 45 2013, subject to war widow’s pensions, war disablement pensions and Armed Forces Compensation Scheme payments being disregarded in full in calculation of income under the Scheme; and
(2) The cost of the local scheme to be funded by reducing existing Council Tax discounts on second homes from 10% to 0%;
3.0 BACKGROUND
3.1 The Welfare Reform Act will repeal Council Tax Benefit (CTB) from 1 April 2013. There will need to be some transitional arrangements to cover new claims and changes in circumstances made/identified on, or after, 1 April 2013, which relate to a prior period.
3.2 The Local Government Finance Act 2012 includes provisions for Council Tax Reduction Schemes by substituting Section 13A of the Local Government Finance Act 1992 and inserting Schedule 1A.
3.3 The abolition of CTB and the introduction of its replacement is a major change with a timetable that is very challenging. The initial deadline is that the Council Tax Base must be set by a statutory date of 31 st January 2013. Before this can be set Full Council must agree the Council Tax Reduction Scheme and any changes it will make to Council Tax discounts for which a separate report is presented on this agenda.
3.4 CTB is one of two benefits administered by South Lakeland District Council. The other is Housing Benefit.
3.5 In 2011-12, 6,200 households in South Lakeland were in receipt of CTB: of these 3,500 were pensioner households. There are over 52,000 households in total in South Lakeland. The total cost of CTB for 2011-12 (reimbursed by the Government) was £5.6m. A 10% grant reduction amounting to £560,000 on the change to a Council Tax Reduction Scheme will have to be met by this Council and the major precepting authorities, Cumbria County Council and Cumbria Police Authority.
4.0 RESEARCH AND CONSULTATION
4.1 CTB is means-tested benefit. Those in receipt of CTB get their Council Tax liability reduced in full, or in part. No cash payments are made by the Council. Council Tax income is foregone by the Billing Authority, which is then reimbursed in full as benefit subsidy from the Government. Neither the County Council nor the Police are affected by CTB but the introduction of the new scheme will in future mean a more significant role for these authorities and they have both had a major input into the consultation process and support the proposal to adopt the Default Scheme.
4.2 From April 2013 , i nstead of claimants getting a benefit from the Government to reduce their Council Tax liability they will get a Council Tax Reduction paid for by the Local Authority. In practice, for the claimant this may well amount to the same thing. However, there are very significant differences from CTB. The main ones are: • The reduction in the liability is achieved through the Council Tax system (by way of a discount) rather than a benefit, the cost of discounts is a cost to those councils funded by the Council Tax i.e. the county council and the police authority. A
Page 46 separate report is presented detailing the options available to fund Parish and Town Councils from the 90% direct cash grant payable to this Council but in relation to local precepting authorities. • Council Tax Reduction Schemes are determined by the Billing Authority (the Billing Authority is the council that sends out the Council Tax bill: in a two tier area like Cumbria, this is the district council). Whilst the County and Police will be financially affected by the scheme that South Lakeland adopts and are consulted under statute, the decision on the scheme is South Lakeland’s alone; • The subsidy that was awarded to billing authorities by the Department for Work and Pensions is replaced by a Department for Communities and Local Government fixed grant. This new grant will only cover 90% of the equivalent estimated Council Tax Benefit subsidy. • CTB is a national scheme with very little local discretion. Its replacement is a locally determined and administered scheme unique to each local authority area: except the Government will require that all existing pensioner claimants are fully protected and receive no less than under CTB; • When designing a scheme councils are expected to consider vulnerable groups (other than pensioners) who may be protected for example severe disability working age claimants. • When adopting the prescribed Default Scheme the Secretary of State will ensure that requirements to protect vulnerable groups are met. However South Lakeland District Council has made special concessions for many years insofar as war widow’s pensions and war disablement pensions are disregarded in the calculation of income. It has been recommended that this should continue to be the case under the Local Council Tax Reduction Scheme.
4.3 Between 22 August 2012 and 31 October 2012 the Council consulted on a Cabinet proposal to adopt the Default Scheme as its Local Council Tax Reduction Scheme which would result in continuing to calculate Council Tax Benefit at the current rate and allowing the Council to fund the default scheme by reducing the Council Tax discount on second homes, without impacting on the vulnerable members of the public. 4.4 The consultation included representations from the Royal British Legion on the continued disregard of the pensions and compensation payments detailed in the recommendation.
4.5 A full and detailed analysis of all of the responses including all comments made and views expressed is available on the consultation pages of the website.
4.6 On 28 th November 2012, Cabinet considered the results of the consultation exercise and made the above recommendations to Full Council.
5.0 PROPOSAL The Default Scheme
5.1 It is proposed that the Council’s Local Council Tax Reduction Scheme will be identical to the default scheme prescribed in regulations set by the Secretary of State under Schedule 1A of the Local Government Finance Act 1992 but with the inclusion of the disregarding war widows and war disablement pensions. It makes sense to adopt the default scheme positively and use it as the local scheme. The modified default scheme broadly provides the same level of support for claimants under the new scheme as under CTB. The modified default scheme will ensure that existing pensioner claimants are unaffected. A summary of the contents of the Scheme are shown at Appendix A.
Page 47 5.2 The main reasons for adopting a local scheme identical to the default scheme are: • that to design a local scheme (even one that retained large elements of the existing scheme) would be problematic and councils (especially small districts) do not have the skills of parliamentary draftsmen to produce a robust and credible scheme. If the scheme is not soundly drafted, it could be challenged during consultation and once operational, for example, through the judicial process; • that the introduction of a modified default scheme will reduce transitional costs and the impact on claimants.
5.3 Once a Council agrees a local scheme it can make amendments for subsequent financial years; it cannot change a scheme mid-year. It is recommended good practice to review implementation of the local scheme in sufficient time to make amendments prior to 2014-2015.
Funding the Default Scheme
5.4 As noted below (assuming a 10% cut in grant), the cost to South Lakeland will be £62,000 (County £425,000 and Police £73,000).
5.5 The removal of the 10% Council Tax discount currently awarded on second homes will provide sufficient funding to meet the costs of a Local Council Tax Reduction Scheme that broadly replicates the current Council Tax Benefit Scheme. From April 2013 new powers will also be available to raise additional council tax through reducing or removing Council Tax discounts and this is considered in a separate report to Council.
6.0 ALTERNATIVE OPTIONS 6.1 A Local Scheme could be introduced which reduces awards by comparison to Council Tax Benefit and passes the 10% cost on to working age claimants who are not vulnerable. Major deviations to the default scheme would be required such as reducing the capital cut off limit at which discount would not be payable, restricting the awards to a Band B Council Tax level, increasing the current 20% taper amongst many other changes. Passing the 10% cost on to existing working age claimants could cause hardship to the poorest families and sums due may be difficult to collect. 6.2 Any significant changes to the scheme proposed will require further public consultation. 7.0 NEXT STEPS 7.1 The effects of the South Lakeland District Council Tax Reduction Scheme will be taken into account in calculating the Tax Base which must be set by statute by 31 st January 2013. Preparations will also get underway to amend computer software to calculate reductions under the scheme and draft suitable documentation to notify claimants of the amount of their awards. 8.0 IMPLICATIONS 8.1 Financial and Resources Adopting the Default Scheme
8.1.1 In replicating the existing Council Tax Benefit Scheme with a broadly similar scheme the Council will need to meet the cost of the 10% cut in grant.
8.1.2 The grant to the Council in 2013/2014 will be set at 90% of what would be the Council’s estimated Council Tax Benefit subsidy for 2013/2014.
Page 48 8.1.3 There will be no impact on claimants as the funding Councils have absorbed the grant reduction and not passed it on as increased Council Tax liability to working age claimants.
8.1.4 The table below compares the net cost of introducing the default scheme as the Local Scheme with the 10% cost offset by raising additional Council Tax income through reducing other discounts. Claimants receive Discount under Default Scheme but cost met from raising additional Council Tax Income
£’000 Local scheme discounts 616 Grant 554 Net cost of scheme to South Lakeland 62 Remove discount on second homes -70 Net Surplus to South Lakeland -8
8.1.5 The Department for Communities and Local Government has recently announced that it is making available an additional £100m for one year to support local authorities in developing well-designed Local Council Tax Reduction Schemes and maintain positive incentives to work. The grant will be payable in March 2013 to those authorities who meet the following criteria set by Government:
• Those who would be entitled to 100% support under current council tax benefit arrangements pay between £0.00 and no more than 8.5% of their net council tax liability; • The taper rate does not increase above 25%; • There is no sharp reduction in support for those entering work
Adopting the Default Scheme will ensure these requirements are met and should result in additional grant of £18,297.
8.2 Human Resources 8.2.1 Detailed staff training will be necessary but a full assessment will be undertaken when scheme details are finalised. 8.3 Legal 8.3.1 The Local Government Finance Act 2012 substitutes Section 13A of the Local Government Finance Act 1992 and makes provision for Council Tax Reduction Schemes. Schedule 1A (4) requires the Secretary of State to prescribe a Default Scheme. 8.3.2 The government has prescribed a default scheme pursuant to the Council Tax Reduction Schemes (Default Scheme) Regulations 2012 SI 2012 No. 2886 (“The Regulations”) and the Council Tax Reduction Schemes (Prescribed Requirements)(England) Regulations 2012 SI 2012 No. 2885. This is the scheme that has been recommended for adoption by this Council subject to a minor amendment relating to war disablement, war widows pensions and Armed Forces Compensation Scheme payments.
Page 49 8.3.3 Schedule 1 (Part 2) of the Regulations requires that the Council maintains procedures to initially address those who are aggrieved by a decision of the Council in relation to an application or administration of a claim for a Council Tax Reduction made under the Local Scheme. The provisions of the appeals process are contained within Schedule 1 (Part 2) of the Regulations. 8.4 Social, Economic and Environmental Impact 8.4.1 An equality impact assessment has been carried out and summarised below. 8.4.2 This proposal is expected to have a neutral impact on sustainability.
9.0 RISK ASSESSMENT Risk Consequence Controls required The timetable for Leads to a poorly designed Adopting the Default implementation is too short. and implemented local Scheme will reduce this risk scheme Difficulty in predicting A scheme could be Cumbrian Authorities jointly accurately the net cost of introduced which results in employ consultants as a the differing options a higher than anticipated means of checking costs. net cost to the Council and Precepting Authorities A Local Scheme is Legal challenge and award Careful legal vetting of introduced which does not of costs Council resolution for the comply with legislation scheme and adopting default scheme.
10.0 EQUALITY AND DIVERSITY 10.1 An equality and diversity impact assessment has been undertaken. There have been no adverse impacts found on any group as the Reduction Scheme proposed broadly replicates the current Council Tax Benefit Scheme. The comments from the consultation have been considered and the assessment can be viewed on the Council’s website.
11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 11.1 This report links directly to the corporate plan aims of affordable housing and reducing homelessness. 12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 The Local Replacement of Council Tax Benefit Scheme will be the default scheme prescribed by the Secretary of State with income disregarded for war widows pensions, war disablement pensions and Armed Forces Compensation Scheme payments that will mirror the existing Council Tax Benefit Scheme and ensure all existing claimants are no worse off under the Local Scheme. The costs of meeting the 10% reduction in grant will be met from changes to the Council Tax Discount Scheme particularly removing the 10% discount awarded on second homes.
Page 50 APPENDICES ATTACHED TO THIS REPORT Appendix No. A SUMMARY DEFAULT SCHEME RECOMMENDED FOR ADOPTION AS THE LOCAL COUNCIL TAX REDUCTION SCHEME FOR SOUTH LAKELAND DISTRICT COUNCIL.
CONTACT OFFICERS Alan Raven, Revenues & Benefits Manager, tel: 01539 717204 email address: [email protected] BACKGROUND DOCUMENTS AVAILABLE Department for Communities and Local Government – Localising Support for Council Tax – Technical Reforms to Council Tax – Transitional Grant Scheme SLDC website – Detailed comments and responses from consultation
TRACKING Assistant Portfolio Solicitor to the CMT Scrutiny Director Holder Council Committee 27/11/2012 28/11/2012 27/11/2012 15/11/2012 09/08/2012 Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer 25/07/2012 and 18/12/2012 27/11/2012 27/11/2012 28/11/2012 Human Resource Services Manager 27/11/2012
Page 51
Page 52
Local Scheme for Council Tax Reduction APPENDIX A PURPOSE OF APPENDIX 1 The purpose of this Appendix is to summarise the factors that will be included under the Local Council Tax Reduction Scheme (The Default Scheme prescribed by the Secretary of State)).
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Page 54 APPENDIX A
Local Council Tax Reduction Scheme (South Lakeland District Council)
Summary of Contents of Scheme
1. Citation
PART 2 Interpretation 2. Interpretation 3. Application of scheme: pensioners and persons who are not pensioners 4. Meaning of “couple” 5. Polygamous marriages 6. Meaning of “family” 7. Circumstances in which a person is to be treated as responsible or not responsible for another 8. Households 9. Non-dependants 10. Remunerative work
PART 3 Procedural matters 11. Procedure for reduction applications and appeals against reduction decisions
PART 4 Classes of person entitled to a reduction under this scheme 12. Classes of person entitled to a reduction under this scheme 13. Class A: pensioners whose income is less than the applicable amount 14. Class B: pensioners whose income is greater than the applicable amount 15. Class C: alternative maximum council tax reduction – pensioners 16. Class D: persons who are not pensioners whose income is less than the applicable amount 17. Class E: persons who are not pensioners whose income is greater than the applicable amount 18. Class F: alternative maximum council tax reduction – persons who are not pensioners 19. Periods of absence from a dwelling
PART 5 Classes of person excluded from this scheme 20. Classes of person excluded from this scheme 21. Class of person excluded from this scheme: persons treated as not being in Great Britain 21A. Persons treated as being in Great Britain 21B. Temporary absence from Great Britain 22. Class of person excluded from this scheme: persons subject to immigration control 22A. Class of person excluded from this scheme: capital limit 23. Class of person excluded from this scheme: students
PART 6 Applicable amounts for the purposes of calculating eligibility for a reduction under this scheme and amount of reduction 24. Applicable amounts: pensioners (including pensioners in polygamous marriages) 25. Applicable amounts: persons who are not pensioners 26. Polygamous marriages: persons who are not pensioners
Page 55 27. Applicable amount: persons who are not pensioners who have an award of universal credit
PART 7 Maximum council tax reduction for the purposes of calculating eligibility for a reduction under this scheme and amount of reduction 28. Maximum council tax reduction under this scheme: pensioners and persons who are not pensioners 29. Non-dependant deductions: pensioners and persons who are not pensioners
PART 8 Alternative maximum council tax reduction for the purposes of calculating eligibility for a reduction under this scheme and amount of reduction 30. Alternative maximum council tax reduction under this scheme: pensioners and persons who are not pensioners
PART 9 Amount of reduction under this scheme 31. Amount of reduction under this scheme: Classes A to F
PART 10 Income and capital for the purposes of calculating eligibility for a reduction under this scheme and amount of reduction CHAPTER 1 General 32. Calculation of income and capital: applicant’s family and polygamous marriages 33. Circumstances in which capital and income of non-dependant is to be treated as applicant’s CHAPTER 2 Income: pensioners in receipt of guarantee credit or savings credit 34. Applicant in receipt of guarantee credit: pensioners 35. Calculation of applicant's income in savings credit only cases: pensioners CHAPTER 3 Income and capital where there is an award of universal credit 36. Calculation of income and capital: persons who are not pensioners who have an award of universal credit CHAPTER 4 Income: other pensioners 37. Calculation of income and capital where state pension credit is not payable: pensioners 38. Meaning of “income”: pensioners 39. Calculation of weekly income: pensioners 40. Earnings of employed earners: pensioners 41. Calculation of net earnings of employed earners: pensioners 42. Calculation of earnings of self-employed earners: pensioners 43. Earnings of self-employers earners: pensioners 44. Notional income: pensioners 45. Income paid to third parties: pensioners CHAPTER 5 Income: persons who are not pensioners 46. Average weekly earnings of employed earners: persons who are not pensioners 47. Average weekly earnings of self-employed earners: persons who are not pensioners 48. Average weekly income other than earnings: persons who are not pensioners 49. Calculation of weekly income of employed earners: persons who are not pensioners 50. Earnings of employed earners: persons who are not pensioners
Page 56 51. Calculation of net earnings of employed earners: persons who are not pensioners 52. Earnings of self-employed earners: persons who are not pensioners 53. Calculation of income other than earnings: persons who are not pensioners 54. Capital treated as income: persons who are not pensioners 55. Notional income: persons who are not pensioners CHAPTER 6 Income: pensioners and persons who are not pensioners 56. Calculation of income on a weekly basis 57. Treatment of child care charges 58. Calculation of average weekly income from tax credits 59. Disregard of changes in tax, contributions etc. 60. Calculation of net profit of self-employed earners 61. Calculation of deduction of tax and contributions of self-employed earners CHAPTER 7 Capital 62. Calculation of capital 63. Income treated as capital: persons who are not pensioners 64. Calculation of capital in the United Kingdom 65. Calculation of capital outside the United Kingdom 66. Notional capital 67. Diminishing notional capital rule: pensioners 67A. Diminishing notional capital rule: persons who are not pensioners 68. Capital jointly held 69. Calculation of tariff income from capital: pensioners 70. Calculation of tariff income from capital: persons who are not pensioners
PART 11 Students CHAPTER 1 General 71. Interpretation 72. Treatment of students 73. Students who are excluded from entitlement to a council tax reduction under this scheme CHAPTER 2 Income 74. Calculation of grant income 75. Calculation of covenant income where a contribution is assessed 76. Covenant income where no grant income or no contribution is assessed 77. Relationship with amounts to be disregarded under Schedule 8 78. Other amounts to be disregarded 79. Treatment of student loans 80. Treatment of payments from access funds 81. Disregard of contribution 82. Further disregard of student’s income 83. Income treated as capital 84. Disregard of changes occurring during summer vacation
PART 12 Extended reductions 85. Extended reductions: pensioners 86. Extended payments (qualifying contributory benefits): pensioners 87. Duration of extended reduction period (qualifying contributory benefits): pensioners 88. Amount of extended reduction (qualifying contributory benefits): pensioners 89. Extended reductions (qualifying contributory benefits)—movers: pensioners
Page 57 90. Relationship between extended reduction (qualifying contributory benefits) and entitlement to council tax benefit under the general conditions of entitlement: pensioners 91. Continuing reductions where state pension credit claimed: pensioners 92. Extended reductions: persons who are not pensioners 93. Extended reductions: persons who are not pensioners 94. Duration of extended reduction period: persons who are not pensioners 95. Amount of extended reduction: persons who are not pensioners 96. Extended reductions—movers: persons who are not pensioners 97. Relationship between extended reduction and entitlement to reduction under the general conditions of entitlement: persons who are not pensioners 98. Extended reductions (qualifying contributory benefits): persons who are not pensioners 99. Duration of extended reduction period (qualifying contributory benefits): persons who are not pensioners 100. Amount of extended reduction (qualifying contributory benefits): persons who are not pensioners 101. Extended reductions (qualifying contributory benefits) — movers: persons who are not pensioners 102. Relationship between extended reduction (qualifying contributory benefits) and entitlement to council tax benefit under the general conditions of entitlement: persons who are not pensioners 103. Extended reductions: movers into the authority’s area
PART 13 Period of entitlement and change of circumstances 104. Date on which entitlement begins 105. Date on which change of circumstances is to take effect 106. Change of circumstances where state pension credit in payment
PART 14 Applications 107. Making an application 108. Date on which an application is made 109. Back-dating of applications: pensioners 110. Back-dating of applications: persons who are not pensioners 111. Evidence and information 112. Amendment and withdrawal of application 113. Duty to notify changes of circumstances
PART 15 Decisions by authority 114. Decision by authority 115. Notification of decision
PART 16 Award or payment of reduction 116. Time and manner of granting reduction under this scheme 117. Person to whom reduction is to be paid 118. Shortfall in reduction 119. Payment on the death of the person entitled
Schedules Schedule 1 – Procedural matters Schedule 2 – Applicable amounts: pensioners Schedule 3 – Applicable amounts: persons who are not pensioners
Page 58 Schedule 4 – Amount of alternative maximum council tax reduction Schedule 5 – Sums disregarded from applicant’s income: pensioners Schedule 6 – Amounts to be disregarded in the calculation of income other than earnings: pensioners Schedule 7 – Sums disregarded in the calculation of earnings: persons who are not pensioners Schedule 8 – Sums disregarded in the calculation of income other than earnings: persons who are not pensioners Schedule 9 – Capital disregards: pensioners Schedule 10 – Capital disregards: persons who are not pensioners
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Page 60 Item No.9
PART I
South Lakeland District Council COUNCIL Meeting Date: 18 December 2012 Report Author: Helen Smith, Financial Services Manager Portfolio: David Evans, Policy, Performance & Resources Report from: Assistant Director (Resources) Wards affected: Not applicable Key Decision: Not applicable Key Decision Not applicable Notice: COUNCIL TAX REDUCTION AND PARISH COUNCILS 1.0 PURPOSE OF REPORT 1.1 This report is presented to update Members and seek guidance on recent changes to the funding arrangements for parish councils. 2.0 RECOMMENDATIONS It is recommended that Council:- (1) Consider, in principle, to distribute Government grant relating to the parish element of Local Council Tax Reduction Scheme, estimated at £92,000, to parish councils; (2) Consider, in principle, whether the Council will fully offset the impact of the Local Council Tax Reduction Scheme for parish councils through additional grant support, estimated at £11,000 for 2013/14; and (3) Consider, in principle, that this funding should be split between parish councils based on the revised tax base. 3.0 BACKGROUND 3.1 As reported elsewhere on this agenda, from 1 April 2013 the current arrangements for Council Tax benefits will cease; instead, a Council Tax discount will be given to qualifying claimants. 3.2 Council Tax benefit costs are currently charged totally to the General Fund of the billing authority (i.e. South Lakeland District Council) and reimbursed by Council Tax benefit subsidy. Under the new arrangements the discount awarded will reduce the Council Tax base for the relevant parish. The Council Tax base for an area (or part) can be defined as the estimated full-year equivalent number of liable dwellings in the area (or part), expressed as an equivalent number of band
Page 61 D dwellings. A Council’s precept is divided by its tax base to calculate the Council Tax. Therefore a reduction in the tax base will spread the cost of the Council Tax support scheme between all preceptors (parish council, district council, county council & police authority). 3.3 Currently parish councils calculate their expenses and estimate their income for the coming year. The difference between expenditure and income is their precept, which is divided by the tax base to set the parish Council Tax. The changes to the Council Tax reduction scheme will reduce their tax base and therefore would increase their Council Tax. This is illustrated in Appendix 1. It is estimated that the Council Tax reduction scheme discounts will reduce the tax base by around 7.7%, equivalent to a reduction of £103,000 in Council Tax for all parishes within South Lakeland. 3.4 The government will award grant directly to district councils and county councils as part of their Revenue Support Grant (to be announced late December 2012). Grant relating to parish councils will be paid to district councils. This grant will initially be set at 90% of the expected cost of discounts awarded for 2013/14 and this parish element is estimated by the Government to be £92,000 for South Lakeland District Council. 3.5 Government initially proposed that billing authorities and parish councils would come to agreement on arrangements for passing down the funding attributable to parish councils. In August 2012 the Government consulted on an alternative treatment for parish councils that would have minimised the impact of the changes for parish councils. However, in the Government’s response to their consultation, published on 26 November 2012, they set out that the tax base for parish councils should be reduced in line with the original proposals. Billing authorities are expected to work with parish councils to “provide certainty over their funding”. Parish Precepts 3.6 Appendix 1 illustrates how the new scheme will work in theory for a fictional Parish council. 3.7 As part of the usual budget preparation process a letter was sent to all Parish Councils (70) in the district. This letter included a very short summary of the proposed changes with the indication that the government were consulting on changes to the tax base but that the latest consultation was that the changes would not be applied to parish councils. Unfortunately this is not now the case. Parish councils were requested to set their parish precepts by the end of November 2012. In practice only 16 have responded to date. Where parish councils have set a zero precept there are no practical issues. For all other parishes, the parish will now need to review their precept. To do this they will wish to know: (i) Their tax base, based on the new system; (ii) Any funding that will be given by SLDC from the grant to be received in relating to parish council costs; (iii) Any other funding that may be given by SLDC to alleviate the impact of these changes for parish councils.
Page 62 3.9 For most authorities a local referendum will be triggered where the excessive Council Tax increase threshold (2% for district councils) is exceeded. Currently parish councils are exempted from this limit, but the Secretary of State has indicated this exemption was for 2012/13 and will announce his plans for 2013/14 onwards as part of the local government finance settlement, expected late December 2012. If this exemption for parish councils were removed, potentially a referendum could be triggered as a result of these changes. 4.0 RESEARCH AND CONSULTATION 4.1 Until recently there has been no need to analyse Council Tax benefit entitlement by Parish. A software enhancement has now been implemented which can project costs by Parish based on the current claimants. This will enable modelling of the impact of various options for distribution of grant. 5.0 PROPOSAL 5.1 The Government expects billing authorities to distribute the parish share of grant for Local Council Tax reduction schemes. However, billing authorities will need to devise a scheme that will minimise the impact of the proposed changes. 6.0 ALTERNATIVE OPTIONS 6.1 The Council could decide not to give any of the £92,000 grant to parish councils. This is not recommended as the Government expects billing authorities to distribute the parish share of grant, but billing authorities can decide on the method of distribution. 7.0 NEXT STEPS 7.1 Parishes will be notified of Governments change in funding prior to this meeting, to give them time to prepare alternative meeting dates to set their precepts, if necessary. Parishes will be notified of the proposed grant funding following this meeting. The final tax base calculations will be made in early January 2013 and will be notified to each parish. 8.0 IMPLICATIONS 8.1 Financial and Resources 8.1.1 It has been estimated that around £5.6m of Local Council Tax Support discounts will be granted in South Lakeland, of which £103,000 will be regarded as the parish element. 8.1.2 For 2013/14 the Council is expects to receive £92,000 grant funding to offset these additional costs. The actual grant will be announced as part of the local government funding settlement, expected late December. The Government expects this grant will be passed on to parish councils. 8.1.3 In order to fully offset the costs of Local Council Tax Support the Council would need to add further funding of around £11,000 for parish councils. This cost would be recurring and would be an additional budget pressure, increasing the projected General Fund deficit reported elsewhere on this agenda. 8.1.4 Alternatively, the Council could limit the grant to parish councils to the funding received from Government, expected to be £92,000. This would give parish councils the choice of either an increased Council Tax or finding savings elsewhere in their budgets. For some parish councils there will be an increase in tax base from the reduction in discounts for second homes and empty homes.
Page 63 8.2 Human Resources 8.2.1 There are no staffing implications of this report. 8.3 Legal 8.3.1 The legal implications are set out in the report. 8.4 Social, Economic and Environmental Impact 8.4.1 Has a sustainability impact assessment been carried out? No 8.4.2 This proposal is considered to have a neutral impact on sustainability. 9.0 RISK ASSESSMENT Risk Consequence Controls required Parishes set their Council tax will be higher Notify parish councils precept without realising than would be the case promptly of these the impact on these changes and request that changes precepts are set by mid- February 2013. A referendum could be A referendum would be triggered where the required, the costs of the excessive Council Tax referendum would be threshold (2% for district charged to the parish councils) is exceeded: council concerned hopefully the current exemption for parish councils will continue for 2013/14 Setting of the Council Delay in preparing Tax by South Lakeland Council Tax bills for District Council could be 2013/14 delayed if parishes have not set their precepts by mid-February 2013. 10.0 EQUALITY AND DIVERSITY 10.1 An equality and diversity impact assessment has not been carried out. 11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 11.1 This enables the priorities of the Corporate Plan to be delivered. 12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 This report explains the changes made by the Government to funding for parish councils. It proposes distribution of grant to each parish in accordance with legislation and in a fair and equitable manner. APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Illustration of the impact of the Government changes on the tax base, precept and Council tax of a fictional Parish Council
Page 64 CONTACT OFFICERS Helen Smith, Financial Services Manager, 01539 717127, [email protected] BACKGROUND DOCUMENTS AVAILABLE Localising Support for Council Tax: Council tax base and funding for local precepting authorities – Government response to the outcome of consultation: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/15326/A nnex_A_Council_tax_base_consultation_response_-_07_Novt_-_v3__4_.pdf Localising Support for Council Tax: Council tax base and funding for local precepting authorities – consultation https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/8337/220 6075.pdf Localising Support for Council Tax: funding arrangements consultation: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/15327/20 121126_-_Update_on_funding_arrangements_VERSION_TO_NT.pdf
TRACKING Assistant Portfolio Solicitor to the SMT Scrutiny Director Holder Council Committee 4/12/12 4/12/12 4/12/12 4/12/12 N/A Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer 18/12/12 4/12/12 4/12/12 Human Resource Services Manager 4/12/12
Page 65 COUNCIL TAX REDUCTION AND PARISH COUNCILS – APPENDIX 1 PURPOSE OF APPENDIX The purpose of this Appendix is to illustrate the impact of the Government changes on the tax base, precept and Council tax of a fictional Parish Council.
(a) This fictional Parish Council has calculated its income and expenditure for the year and decided it will set a precept of £10,000: Illustrative example: Parish Council precept: £10,000 Tax base 1,000 Council Tax (i.e. precept £10.00 divided by tax base)
(b) Assume Council Tax benefits currently awarded in the parish are £800 (or 8% of total Council Tax due), and discounts for local support for Council Tax under the new system are the same level. For 2013/14 this would reduce the tax base by 8% (or 80 properties) and therefore increase the Council Tax:
Parish Council precept: £10,000 Tax base 920 Council tax £10.87
(c) But the billing authority will receive grant equal to 90% of the expected cost of Council Tax support, i.e. 90% of £800 = £720. If this were to be passed on to the parish council the Council Tax would reduce but not quite to the level as if no change had happened:
Parish Council precept before grant: £10,000 Less grant £720 Parish Council precept after grant: £9,280 Tax base 920 Council tax £10.09
This report is to consider how the grant should be distributed and if additional grant should be given to parish councils from the South Lakeland District Council revenue budget.
Page 66 Item No.10
PART I
South Lakeland District Council Council Meeting Date: 18 December 2012 Report Author: Nicola Hartley, Solicitor Portfolio: N/a Report from: Debbie Storr, Director of Policy and Resources (Monitoring Officer) Wards affected: Not applicable Key Decision: Not applicable Notice of Key Not applicable Decisions: MEMBERS ALLOWANCES – RECOMMENDATIONS FROM INDEPENDENT REMUNERATION PANEL 1.0 PURPOSE OF REPORT The purpose of this report is to enable members to consider the recommendations of a Report received from the Independent Remuneration Panel for Members Allowances. 2.0 RECOMMENDATIONS Council is asked to consider the recommendations of the Independent Remuneration Panel for Members Allowances to be adopted with effect from 1 April 2013. 3.0 BACKGROUND 3.1 A copy of the Report of the Independent Remuneration Panel, together with a revised Members’ Allowance Scheme that is being put forward as part of the Panel’s recommendations, is attached to this report. A copy of the current Member Allowances Scheme is set out in the Council’s Constitution. 3.2 Under the Local Authorities (Members Allowances) (England) Regulations 2003 (“the Regulations”), before making or amending an allowance scheme, the Council has a duty to have regard to the recommendations made in relation to it by the Independent Remuneration Panel. Once the report is received, the Council is also required to ensure that copies are available for inspection by the public, and a notice published in a local newspaper advising of its receipt. This has been done, and a notice has been published in the Westmorland Gazette on 6 December 2012. 4.0 RESEARCH AND CONSULTATION 4.1 The attached Report of the Independent Remuneration Panel sets out at paragraphs 7 and 8 the research and consultation that it has carried out as preparatory work in guiding it to its recommendations
Page 67 5.0 PROPOSAL 5.1 For Members to consider the recommendations for Members Allowances in the Report for the year commencing 1 April 2013. 6.0 ALTERNATIVE OPTIONS 6.1 The Council has, save in one respect, discretion as to whether or not it accepts any of the recommendations proposed in the report. Given that no recommendation is made as to pensions the Regulations provide that the Council does not have power to introduce a pension scheme for members without such a recommendation. 7.0 NEXT STEPS 7.1 If members resolve to amend the Members’ Allowance Scheme, officers will place an advertisement in the Westmorland Gazette setting out the details of the revised scheme that will be in effect from 1 April 2013. 8.0 IMPLICATIONS 8.1 Financial and Resources 8.1.1 The recommended allowance scheme is estimated to cost up to a maximum of £301,898 (broken down, this amounts to £273,698 in respect of Basic and Special Responsibility Allowances, and £28,200 in respect of Travel and Subsistence Allowances). The figures for the Council’s 2013/2014 budget with respect to its General Fund and Housing Revenue Account are still being prepared but if the projected budget for 2013/14 from the Council’s Medium Term Financial Plan is used the cost of this scheme represents up to a maximum of 2.3 % of SLDC’s budget projection of £13,106,200 . 8.2 Human Resources 8.2.1 There are no Human Resources implications arising out of this report. 8.3 Legal 8.3.1 Under the Regulations the Council is required to establish and maintain an Independent Remuneration Panel. The purpose of the Panel is to review the existing Scheme of Allowances, including the Special Responsibility Allowances, paid to Members and to make recommendations to the Council on the appropriate level of payments to be made in the future. 8.3.2 The members allowance scheme for 2012/13 refers to suspension of allowances consequent upon the suspension of members under Part III of the Local Government Act 2000. The relevant provisions under the Local Government Act 2000 have been deleted following changes made by the Localism Act 2011. The recommended allowance scheme therefore does not mention suspension of members, 8.3.3 The Panel also acts as the Parish Remuneration Panel for all Parish and Town Councils within the district, making recommendations as to the level of Basic and Chairman’s allowances and expenses for Parish and Town Councillors. 8.4 Social, Economic and Environmental Impact 8.4.1 This proposal is considered to have a neutral impact on sustainability. 9.0 RISK ASSESSMENT Risk Consequence Controls required That members fail to Potential reputational Whilst Council has discretion properly give due regard issue to the Council in the (save as regards pensions) to to the report of the event that Members’ resolve to make alterations to
Page 68 Independent decision as to the Members’ Allowance Remuneration Panel remuneration appears not Scheme over and above those to have regard to the recommended by the Panel, it report of the Independent has a duty to have regard to Remuneration Panel the recommendations of the Panel in doing so. This can be achieved by members giving thorough consideration of the recommendations of the Panel in full Council.
10.0 EQUALITY AND DIVERSITY 10.1 The current and proposed Members’ Allowance Scheme has provision for double journeys to be carried out by spouses/partners for members with a disability who need to be driven to meetings. This provision avoids the need for the spouse /partner to wait for the duration of the meeting. 10.2 The current and recommended scheme also makes provision for Child Care and Dependants’ Allowances. 10.3 The above provisions have been the result of recommendations made by the panel developed over previous years as a result of discussion with members with disabilities or with caring responsibilities, 11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 11.1 The Corporate Plan is not applicable as the appointment of a Panel is a statutory duty. 12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 Members are requested to consider the recommendations for Members’ Allowances in the Report for the year commencing 1 April 2013. APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Independent Remuneration Panel Report 2 Analysis of Comparative Councils’ Allowances CONTACT OFFICERS Nicola Hartley, Solicitor tel 01539-717427 BACKGROUND DOCUMENTS AVAILABLE Local Authorities (Members Allowances) (England) Regulations 2003 TRACKING Assistant Portfolio Solicitor to the CMT Scrutiny Director Holder Council Committee N/a 13 November Y N/a 2012 Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer N/a N/a 18.12.12 Y 13 November
Page 69 2012
Page 70 APPENDIX 1
REPORT TO SOUTH LAKELAND DISTRICT COUNCIL FROM THE INDEPENDENT REMUNERATION PANEL
RECOMMENDATIONS FOR COUNCILLORS’ REMUNERATION FOR THE FINANCIAL YEAR 2013/2014
1 Page 71 LIST OF CONTENTS
Summary Page 3 Matters arising from previous report Page 3 Background Page 3 Scope of the Report Page 4 Methodology Page 4 Basic Allowance Page 5 Special Responsibility Allowances Page 6 Childcare/Dependants Allowances Page 6 Travel and Subsistence Page 7 Co-Optees Page 7 Pensions Page 8 Members Allowance Scheme Appendix 1
2 Page 72 Summary
• No change in the level of Basic Allowance
• No change to existing Special Responsibility Allowances (SRAs) except for Chairman of Planning Committee
• Chairman of Planning Committee to receive an increase of 25% (£466)
• Other than the Group Leaders’ Allowance, Councillors should receive no more than one SRA
• Out of County Mileage Allowance to be replaced by a single travel allowance scheme
• Travel expenses to be in accordance with the maximum rates set by HMRC without attracting a tax charge (currently 45p per mile), this to apply to the first 150 miles of a return journey regardless of the destination and 25p per mile thereafter.
• When members car share to an Approved Duty the Mileage Allowance be increased by 5p per mile per passenger (maximum 4 passengers). Passengers may include Members and Officers of the Council.
• Subsistence expenses to increase by RPI as at 1st April 2013
• No change to Childcare/Dependant Carers’ Allowance. Payments to remain at a maximum allowance of £15 per hour. The Allowance to be paid from the time the recipient leaves home to time of return
• No increase to Co-optees’ Allowance
• No recommendation regarding Pensions for Councillors is made
Matters arising and brought forward from previous report
1. Matters considered by the Independent Remuneration Panel (“IRP”) were the potential impact of the Localism Act 2011 and its impact on Planning, Pensions, increase in Basic Allowance, Subsistence and Local Area Partnerships (LAPs).
Background
2. The membership of the Independent Remuneration Panel comprises:
David Greenwood Consultant and former Company Director having been involved principally in the leisure and gaming industries. Appointed to the IRP with effect from 1 June 2010 and his term of appointment expires on 31 May 2013;
Andrew Hampshire Retired Area Bank Manager. Appointed to the IRP 2 July 2012 and his term of appointment expires 1 July 2015;
3 Page 73 David Holden Retired Solicitor who was a senior partner in private practice for over 25 years and former Parish Councillor with North Turton Parish Council. Appointed to the IRP with effect from 1 st September 2011 until 31 August 2014;
John Lyons (Chairman) Chartered Insurance Practitioner. Retired Senior Manager at AXA Insurance UK Plc. Member of the IRP since 2004 and was re-appointed to the IRP from 1 April 2010 with his term of appointment to 31 March 2011. Reappointed from 1 st April 2011 for a further term to 31 st March 2013. Re-elected Chairman in April 2012;
Janice Wilson Former local government officer with responsibilities for Learning and Development. A Business Consultant and qualified Blue Badge Tourist Guide for Cumbria. She was appointed to the IRP with effect from 2 July 2012 and her term of appointment expires on 1 July 2015.
3. The IRP’s primary task in considering allowances for 2013/14 was to review the remuneration of Councillors in accordance with the Local Authorities (Members Allowances) (England) 2003 Regulations (“the Regulations”). Under the terms of the Regulations and the associated guidance the following should be noted: a) The amount of Basic Allowance payable must be the same for all Councillors unless any have relinquished all or part of their entitlement; b) To be eligible for an SRA the post must have “significant additional responsibilities over and above the generally accepted responsibilities of a Councillor.” The number of SRAs should not exceed 50% of the total number of council members; c) An element of voluntary service is expected. 4. The recommended allowance scheme is estimated to cost up to a maximum of £301,898 (broken down, this amounts to £273,698 in respect of basic and special responsibility allowances, and £28,200 in respect of travel and subsistence allowances). 5. The figures for South Lakeland District Council’s (SLDC’s) 2013/14 budget with respect to its General Fund and Housing Revenue Account are still being prepared but if the projected budget for 2013/14 from the Council’s Medium Term Financial Plan is used then the cost of this scheme represents up to a maximum of 2.3% of the SLDC budget projection of £13,106,200. This compares with a range of 0.72% to 3.17% with an average of 2.12% at other authorities within the peer group.
Scope of the Report 6. This report gives the IRP’s recommendations for the financial year commencing on 1 April 2013.
Methodology 7. A general invitation was sent to all Councillors to meet with the IRP. Four meetings of the IRP took place in 2012 in August, October (2) and November. Meetings were held with the Leader of the Council, Peter Thornton, Chief Executive, Lawrence Conway, Leader of the Labour Group, Mark Wilson and Councillors Mr Roger Bingham, Mrs Janette Jenkinson and Mrs Mary Wilson. The IRP received written comments from Councillor Ian McPherson Chairman of Planning. The IRP also heard from Helen Smith, Financial Services Manager.
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8. The IRP heard views on the work load of councillors especially in Planning, LAPs and in respect of pensions. In particular the IRP had detailed discussions on Travel Allowances and subsistence which resulted in significant change to the Travel Allowance scheme.
9. The IRP is grateful to all who gave their time for their input to the IRP’s deliberations.
10. In recent years the IRP has sought and obtained extensive data/comparative evidence from the District Councils forming the SLDC Peer Group. For this year it used a subset of that peer group to check that comparisons remain valid. The list of comparative Councils is attached at Appendix 1.
11. The IRP stresses that care needs to be exercised when undertaking simple comparison between authorities as there can be variances between SLDC and any comparator authorities. 12. The IRP applied the following principles to its deliberations. • Allowances should reflect the responsibilities and commitment expected of Councillors but be set at levels which recognise the well-established principle of voluntary unpaid public service: • Any scheme of remuneration should not discourage people becoming Councillors for financial reasons; • Any scheme of remuneration should be easy to understand and administer; • Recommendations on remuneration should be arrived at following logical and consistent analysis of relevant information; • Expenses for travel should not contain any element of “profit”.
The Basic Allowance
Current Arrangements 13. A basic allowance of £3,880 per annum is currently paid to Members. The Basic Allowance covers all the roles and activities of Councillors other than those that involve significant additional responsibility.
Review 14. The review of the Allowances Scheme undertaken by the IRP indicates that, in comparison with other peer group authorities, the methodology used is a satisfactory basis for determining the remuneration of District Councillors and is consistent with the IRP’s remuneration principles. 15. Having regard to the continuing general economic conditions together with recent announcements regarding Government spending and the effect that these will have on Local Government and the pay settlements for SLDC employees, the recommendation of the IRP is as follows:
Recommendation 16. That there be no change in the Basic Allowance for 2013/14.
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Special Responsibility Allowances
Current Arrangements 17. The Government’s “New Council Constitutions: Guidance on Consolidated Regulations for Local Authority Allowances” (“the Guidance”) states that SRAs should only be paid when Members have “significant additional responsibilities” over and above the generally accepted responsibilities of a Councillor. 18. SRAs are currently paid in respect of: - • The Leader of the Council (With Portfolio); • The Deputy Leader of the Council (With Portfolio); • The Leader of the Opposition; • The Chairman of the Council; • Vice Chairman of the Council; • Other Members of the Council’s Cabinet (five); • Chairmen of the Council’s Committees (eight); • Vice Chairman of Planning Committee • Shadow Cabinet members (seven); • The Political Group Leaders (three).
Review 19. The actual value of SRAs is based on an assessed level of additional responsibility and time commitment over and above the time commitment associated with Members’ role as front line Councillors which is covered by the Basic Allowance. The time commitment associated with some of the roles outlined above is more onerous and has grown in recent years. Recommendations
20. Except for the Chairman of Planning Committee that there be no change in the level of existing SRAs.
21. The IRP took account of the time commitment demanded of the Chairman of Planning Committee and recommends an increase of 25% (£466) giving a total of £2,329.
Childcare/Dependants Allowances Current arrangements 22. The current arrangement is a minimum of £3.00 per hour, up to a maximum of £15.00 per hour in exceptional circumstances, upon production of proof of payment. The rate is payable from the time of leaving home to returning home. The duties to which it applies are listed in Schedule 2 (Part 1) of the current Scheme of Allowances.
Review 23. There were no representations received concerning this.
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Recommendations
24. That the upper limit of the allowance remains at £15 per hour, payable on production of receipts/invoices from appropriately qualified carer(s) to the satisfaction of the Assistant Director Resources. The IRP recommends that the allowance continues to be payable from the time the recipient leaves home to the time of return.
Travel and Subsistence Expenses
Current Arrangements
25. The recommended travel rates are based on Councillors receiving recompense for expenses necessarily incurred in carrying out their Approved Duties whilst providing no element of profit. The level of payment in respect of Mileage is the maximum currently allowed by Her Majesty’s Revenue and Customs (HMRC) without attracting a tax charge. 26. The current mileage rate for travel outside Cumbria is the cheapest rail fare available for the journey or at a public transport rate of 50% of the car mileage allowance, giving a current rate of 22.5p per mile, whichever is the least amount.
27. The subsistence rate is reviewed in line with the percentage annual increases in the Retail Price Index at 1 April each year, the method used for reviewing the subsistence rates paid to South Lakeland District Council employees.
Recommendations
28. That the list of Approved Duties for travel and subsistence as shown in Schedule 2 Part 1 of the recommended scheme be continued. 29. The preferred mode of travel is by public transport (if by rail at standard class rates) but where this is not feasible and members use their own vehicles then mileage will be paid in accordance with the rates set by HMRC without attracting a tax charge (currently 45p per mile), this to apply to the first 150 miles of a return journey regardless of the destination and 25p per mile thereafter. 30. The mileage allowance of 5p per mile per person when Members share their car with other Members and Officers (maximum 4) travelling to an Authorised Duty be continued. 31. Should the maximum Mileage allowance be increased by HMRC during the fiscal year then the Mileage Allowance will be increased to that maximum and backdated to the date of the increase by HRMC in that fiscal year.
Co-optees Allowance
Current Arrangements
32. Co-optees are currently permitted to claim an allowance of £36.16 per meeting. Where the Co-optee takes on special responsibilities of the Chairman of a Committee
7 Page 77 of which he/she is a member, the Co-optee is permitted to claim an allowance equivalent to the appropriate SRA instead of the £36.16 per meeting allowance.
Recommendation
33. The IRP recommends that this allowance continues at the current rate
Pensions
Current Arrangements
34. There are no pension arrangements currently in place for Councillors. The Regulations make provision for Councillors to join the Local Government Pension Scheme only following a recommendation from the IRP.
Review 35. The IRP considered representations in detail and sought costings.
Recommendation 36. The IRP is not making any recommendations with regard to pensions at this time.
Amendment of Scheme
37. In the event that the scheme is amended then any revised allowances shall apply from the date specified.
Scheme
38. The scheme, as attached as Appendix 1 to this report, is recommended for Council’s approval.
Acknowledgements
39. IRP again would like to express its gratitude to Nicola Hartley (Solicitor-Advocate) and John Greenbank (Democratic Services and Scrutiny Assistant), for their assistance in providing guidance regarding the relevant regulations, the collection of comparative data collection of associated information regarding Council services, operational issues and arrangement of accommodation and hospitality for meetings.
J.P. LYONS CHAIRMAN INDEPENDENT REMUNERATION PANEL
23 November 2012
8 Page 78 MEMBERS' ALLOWANCES SCHEME
The South Lakeland District Council, in exercise of the powers conferred by the Local Authorities (Members’ Allowances) (England) Regulations 2003, hereby makes the following scheme:-
1. This scheme may be cited as the South Lakeland District Council Members’ Allowances Scheme, and shall apply to the year commencing on 1 April 2013 and to subsequent years.
2. In this scheme,
“Councillor” means a member of the South Lakeland District Council who is a Councillor;
“year” means the 12 months ending with 31 March
“co-opted member means a person who is not a member of the Council but who is a member of a committee or sub-committee of the Council.
Basic Allowance 3. Subject to paragraph 8, for each year a basic allowance of up to £3,880 shall be paid to each Councillor.
Special Responsibility Allowance 4. (1) for each year a special responsibility allowance shall be paid to those Councillors who hold the special responsibilities in relation to the authority that are specified in Schedule 1 of this scheme; and (2) subject to paragraph 8, the amount of each such allowance shall be as specified in the said Schedule 1. (3) with the exception of Group Leaders, where a Councillor carries out more than one special responsibility, he/she will only be entitled to receive one allowance.
Child Care Allowance 5. An allowance in respect of the cost of child care for children up to the age of 14 shall be paid to Councillors of a minimum of £3.00 per hour, up to a maximum of £15.00 per hour in exceptional circumstances, upon production of proof of payment. The allowance shall be payable from the time the recipient leaves home to the time of return. The allowance shall be payable when Councillors are required to arrange for child care when undertaking duties as a Councillor, in accordance with Regulation 7 of the Local Authority (Members Allowances) (England) Regulations 2003, upon production of proof of payment to the satisfaction of the Assistant Director (Resources). Those duties listed in Regulation 7 are set out at Schedule 2.
Dependant Carer Allowance 6. An allowance in respect of the cost of a dependant carer shall be paid to Councillors of a minimum of £3.00 per hour, up to a maximum of £15.00 per hour in exceptional circumstance. The allowance shall be payable from the time the recipient leaves home to the time of return. The allowance shall be payable when Councillors are required to arrange for dependent care when undertaking duties as a Councillor in accordance with Regulation 7 of the Local Authorities (Members Allowances) (England) Regulations 2003, upon production of proof of payment to the satisfaction of the Assistant Director (Resources). Those duties listed in Regulation 7 are set out at Schedule 2.
Renunciation 7. A Councillor may by notice in writing given to the Assistant Director (Resources) elect to forego his or her entitlement or any part of his or her entitlement to an allowance under this scheme.
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Part-year Entitlements 8. (1) the provisions of this paragraph shall have effect to regulate the entitlements of a Councillor to basic and special responsibility allowances where, in the course of a year, this scheme is amended or that Councillor becomes, or ceases to be, a Councillor, or accepts or relinquishes a special responsibility in respect of which a special responsibility allowance is payable; (2) if an amendment to this scheme changes the amount to which a Councillor is entitled by way of a basic allowance or a special responsibility allowance, then in relation to each of the periods (a) beginning with the year and ending with the day before that on which the first amendment in that year takes effect, or (b) beginning with the day on which an amendment takes effect and ending with the day before that on which the next amendment takes effect, or (if none) with the year
the entitlement to such an allowance shall be to the payment of such part of the amount of the allowance under this scheme as it has effect during the relevant period as bears to the whole the same proportion as the number of the days in the period bears to the number of days in the year; (3) where the term of office of a Councillor begins or ends otherwise than at the beginning or end of a year, the entitlement of that Councillor to a basic allowance shall be to the payment to such part of the basic allowance as bears to the whole the same proportion as the number of days during which his or her term of office subsists bears to the number of days in that year;
(4) where this scheme is amended as mentioned in sub-paragraph (2), and the term of office of a Councillor does not subsist throughout the period mentioned in sub-paragraph (2) (a), the entitlement of any such Councillor to a basic allowance shall be to the payment of such part of the basic allowance referable to each such period (ascertained in accordance with that sub-paragraph) as bears to the whole the same proportion as the number of days during which his or her term of office as a Councillor subsists bears to the number of days in that period;
(5) where a Councillor has during part of, but not throughout, a year such special responsibilities as entitle him or her to a special responsibility allowance, that Councillor’s entitlement shall be to payment of such part of the special responsibility allowance as bears to the whole the same proportion as the number of days during which he or she has such special responsibilities bears to the number of days in that year; and
(6) where this scheme is amended as mentioned in sub-paragraph (2), and a Councillor has during part, but does not have throughout the whole, of any period mentioned in sub- paragraph (2) (a) of that paragraph any such special responsibilities as entitle him or her to a special responsibility allowance, that Councillor’s entitlement shall be to payment of such part of the allowance referable to each such period (ascertained in accordance with that sub- paragraph) as bears to the whole the same proportion as the number of days in that period during which he or she has such special responsibilities bears to the number of days in that period.
Claims & Payments 9. The Basic and Special Responsibility Allowances will be paid automatically on a monthly basis unless the Councillor in question has renounced his entitlement to payment as set out in paragraph 7 above. Claims will be met for a period of up to 12 months from the date of the entitlement.
10 Page 80 10. (1) payments shall be made in respect of basic and special responsibility allowance in instalments of one-twelfth of the amount specified in this scheme on the twentieth day of each month. (2) where a payment of one-twelfth of the amount specified in this scheme in respect of a basic allowance or a special responsibility allowance would result in the Councillor receiving more than the amount to which, by virtue of paragraph 7, he or she is entitled the payment shall be restricted to such amount as will ensure that no more is paid than the amount to which he or she is entitled.
Repayment of Allowance 11. Where payment of any allowance has already been made in respect of any period during which the Councillor concerned (a) ceases to be a member of the Council, or (b) is in any other way not entitled to receive the allowance in respect of that period, the Council may require that such part of the allowance as related to any such period be repaid to the Council. 12. Where a member of an authority is also a member of another authority, that member may not receive allowances from more than one authority in respect of the same duties.
Other Allowances 13. Travelling & Subsistence Expenses
(1) Councillors and co-opted members may claim travelling and subsistence expenses undertaken in connection with or relating to those duties specified as an approved duty at Schedule 2 Part I in accordance with Regulation 8 of the Local Authorities (Members Allowances) (England) Regulations 2003. The rate of travelling and subsistence are set out in Part II of Schedule 2.
14. Co-optee’s allowance (1) For each year an allowance shall be payable, if claimed, to a person who is not a member of the Council but who is a member of a committee or sub-committee of the Council in respect of attendance at conferences and meetings, in accordance with Regulation 9 of the Local Authorities (Members Allowances) (England) Regulations 2003. This amount shall be £36.16 per meeting. Co-optees to the Council will be paid their allowances on a monthly basis subject to submitting a claim form. (2) Where a co-opted member takes on the special responsibilities of the chairman of a committee of which he/she is a member, the co-opted member shall be entitled to claim an allowance equivalent to the appropriate Special Responsibility Allowance as specified in Schedule 1. In such a case, this allowance will replace that indicated in (1) above. (3) Where the appointment of the co-opted member begins or ends otherwise than at the beginning or end of a year, his or her entitlement shall be to payment of such part of the co-optees’ allowance as bears to the whole the same proportion as the number of days during which his term of office as member subsists bears to the number of days in that year. (4) A co-opted member may by notice in writing given to the Assistant Director (Resources) elect to forgo his entitlement or any part of his or her entitlement to allowances.
Pensions This scheme does not make provision for entitlement to pension s.
11 Page 81 SCHEDULE 1
SPECIAL RESPONSIBILITY ALLOWANCE
The following are specified as special responsibilities in respect of which special responsibility allowances are payable (in addition to the basic allowances) and the amounts of these allowances:-
£ p.a. Up to Leader of the Cabinet (With 12,120.00 Portfolio) Deputy Leader (With Portfolio) 7,171.00 Other Members of the Cabinet 6,060.00 Leader of the Opposition 1,863.00 Chairman of the Council and 1,863.00 Chairman of all Committees (with the exception of the Planning Committee).
Chairman of the Planning 2,329.00 Committee Vice-Chairman of the Council 931.50 Vice Chairman of Planning 931.50 Committee Group Leaders Number of Councillors 2 – 5 372.00 in the Group at the preceding Annual Council meeting 6 – 10 496.00 11 – 15 621.00 16 – 20 742.00 21 – 26 871.00 27 + 1,245.00 Members of the Shadow Cabinet 505.00
‘Group’ is as defined in the Local Government (Committees and Political Groups) Regulations 1990, and comprises of at least two Members.
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SCHEDULE 2 Part I
List of Approved Duties where travel and subsistence, and child care and dependants’ carers’ expenses may be claimed. (Note – Approved duty only applicable to Members of the relevant Committee, Sub-Committee, etc.)
List of Approved Duties
(a) the attendance at a meeting of the authority or of any committee or sub-committee of the authority, or any other body to which the authority makes appointments or nominations, or of any committee or sub-committee of such a body; (b) the attendance at any other meeting, the holding of which is authorised by the authority, or a committee or sub-committee of the authority, or a joint committee of the authority and at least one other local authority within the meaning of section 270(1) of the Local Government Act 1972, or a sub-committee of such a joint committee, provided that:- (i) where the authority is divided into two or more political groups it is a meeting to which members of at least two such groups have been invited; or
(ii) if the authority is not so divided, it is a meeting to which at least two members of the authority have been invited; (c) the attendance at a meeting of any association of authorities of which the authority is a member; (d) the attendance at a meeting of the Cabinet or a meeting of any of its committees, where the authority is operating executive arrangements; (To include:- (1) Informal meetings of Cabinet Members called by the Leader; (2) Leader and Portfolio Holders’ briefings with officers; (3) Portfolio Holders’ attendance on site visits and meetings with other organisation in connection with their responsibilities; and (4) Attendance by Portfolio Holders and their nominated Councillors at advisory and focus group); (e) Travel and subsistence expenses are to be paid to those Members of the Shadow Executive attending formal meetings of the Cabinet, and other formal Council meetings to which they are invited in their role as Shadow Cabinet Members , and the attendance at up to 12 informal meetings of the Shadow Executive per Council year; (f) Travel expenses are to be paid those members who attend a Parish or Town Council Council Meeting for their Ward save where they are also a member of that Parish or Town Council; (g) Travel and subsistence expenses are to be paid to Members in respect of attendance at Local Area Partnerships and in connection with their duties; (h) Travel and subsistence expenses are to be paid to Member Champions in respect of meetings with other organisations and in connection with their duties. (i) the performance of any duty in pursuance of any standing order made under section 135 of the Local Government Act 1972 requiring a member or members to be present while tender documents are opened; (j) the performance of any duty in connection with the discharge of any function of the authority conferred by or under any enactment and empowering or requiring the authority to inspect or authorise the inspection of premises; (k) the carrying out of any other duty approved by the authority, or any duty of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the authority or any of its committees or sub-committees. (These currently include the following) :- (1) the attendance by Chairman/Vice-Chairman of the Council/Committee at agenda briefing meetings with officers where this is held on a day other than the day of the relevant meeting; (2) Council-run seminars and training events; (3) Civic duties undertaken by the Chairman and Vice-Chairman of the Council; (4) Site visits organised by Officers in respect of matters under consideration; and
13 Page 83 (5) Visits to other authorities/ organisations where specifically authorised by Council/ Committee.
Part II Travel
Public Transport will be paid at ordinary fare, standard class or cheapest fare for the journey whichever is the least amount.
The mileage rate for travel by car to be in accordance with the maximum rates set by HMRC without attracting a tax charge (currently 45p per mile), this to apply to the first 150 miles of a return journey regardless of the destination and 25p per mile thereafter. Where the use of a taxi is unavoidable, the Council will reimburse the actual cost. If because of a disability Members are driven to a meeting by their spouse/ partner it is appropriate for them to claim for double journeys in cases of long meetings. This will avoid the need for their spouse/partner to wait for the duration of the meeting.
Travel by bicycle and motorcycle will be reimbursed at the rates of 20p and 24p per mile respectively.
When members car share to an Approved Duty the Mileage Allowance be increased by 5p per mile per passenger (maximum 4 passengers). Passengers may include Members and Officers of the Council
Appropriate incidental expenses, e.g. car parking charges, will be reimbursed on the production of receipts.
Subsistence The Council will reimburse actual expenses incurred by Members on subsistence on the production of receipts, subject to a maximum of:
Period of Absence Maximum Allowance
4 to 8 Hours £7.81
Over 8 but less than 12 Hours £10.87
Over 12 but less than 24 Hours £20.49
Overnight Stay Reasonable Actual Expenses
Bed & Breakfast Reasonable Actual Expenses
Note – the rates for travel expenses will change from 1 April 2013, in accordance with the rates issued by H.M. Revenue and Customs and subsistence in line with the increase in the Retail Price Index.
14 Page 84 Appendix 2
Authority No. of Basic Portfolio Leader Deputy Leader of Chairme Vice- % of (Figures rounded Councillors Allowance Allowance Allowance Leader Opp. n Chairmen Budget up to nearest (electorate Allowance Allowance pound) per councillor) 1 SLDC 51 (1,628) £3,880 £6,060 £12,120 £7,171 £1,863 £1,863 £0 2.3 Craven DC 30 (1,479) £4,200 £700 £7,500 £4,000 £850 £2,100 £400 2 2.4 Eden DC 38 (1,096) £3,561 £4,452 £10,684 £4,452 £148 £1,103 3 £0 2.01 Hambleton DC 44 (1,911) £4,297 £7,519 £16,114 £9,670 £1,075 4 £2,609 5 £06 3.17 North Devon 43 (1,721) £4,570 £4,570 £15,995 £6,855 Shadow Leader - £3,428 8 £2,285 9 2.15 £6,855 DC Group Leaders - 7 £222 South Hams DC 40 (1,712) £4,300 £4,300 £12,900 £6,450 Party 1 - £1,075 £2,616 10 £0 11 0.72 Party 2 - £645
Page 85 Wyre BC 55 (1,555) £4,020 £8,040 £16,080 £2,010 £1,096 £5,327 12 £0 013 Average 42 (1,579) £4,158 £4,930 £13,212 £5,573 £1,850 £2,864 £n/a 2.12 %
Cumbria CC (For 84 (4,647) £8,007 £8,575 £22,870 £12,580 £12,012 £6,055 £2,318 Information Only) Lancaster City 60 (2,932) £3,300 £5,530 £11,060 £6,530 £5,530 14 £6,720 15 £0 16 Council
1 Vice-Chairman of Council receives £929. 2 Planning Committee only 3 Amount varies between Committees, this is the average given. 4 Party must have 5 or more members 5 Amount varies between Committees, this is the average given. 6 Vice-Chairman of Council receives £858 7 Not Claimed 8 Amount varies between Committees, this is the average given. 9 Overview and Scrutiny Committee only 10 Amount varies between Committees, this is the average given. 11 Excluding Development Control (Planning), which receives £2,040. 12 Excluding Standards Committee, which receives £1,200 as a three-year fixed sum 13 Wyre Borough Council yet to provide data 14 To be divided between leaders of groups of 4 or more in proportion to size of the respective groups 15 Mayor Expenses, See next page for individual committee Chairman SRAs 16 Deputy Mayor Expenses £1,335 Lancaster City Council Chairman SRAs Overview and Scrutiny Committee Chairman £4,145 Budget and Performance Panel Chairman £3,315 Planning Committee Chairman £4,285 Licensing Regulatory Committee Chairman £4,285 Licensing Act Committee Chairman £715 Licensing Act Hearing Sub-Committee Chairman £435 Personnel Committee Chairman £3,270 Audit Committee Chairman £2,280 Appeals Committee Chairman £290 Council Business Committee Chairman £1,400 Independent Chairman of Standards Committee (Co-optee) £1,210 Page 86
Item No.11 PART I
South Lakeland District Council COUNCIL
Meeting Date: 18 December 2012 Report Author: Helen Smith, Financial Services Manager Pete Notley, Chief Accountant Portfolio: Councillor David Evans Policy, Performance & Resources Portfolio Report from: Shelagh McGregor, Assistant Director (Resources) & Section 151 Officer Wards affected: All Key Decision: Not applicable Key Decision Not applicable Notice:
2013/14 to 2016/17 DRAFT REVENUE AND CAPITAL BUDGETS
1. PURPOSE OF REPORT 1.1 This report provides an update of the Council’s medium term financial forecast and the indicative revenue and capital budgetary requirements for 2013/14 onwards. There are several uncertainties with regard to some items included in the income and expenditure estimates to date. The overall position will change according to the options which are progressed and the issues which are clarified. The Timetable for the Budget Process is attached at Appendix 1. REVENUE 1.2 The Government have announced several changes that would reduce the resources available to local authorities. South Lakeland District Council’s Medium Term Financial Plan (MTFP) has been updated to reflect details as they emerge. Severe pressure remains to identify means of balancing the £1.9m budget deficit projected by 2016/17. 1.3 CAPITAL Proposals for capital bids have been drawn up. These have been prioritised against the agreed Prioritisation Criteria and a Draft Capital Programme drawn up according to the resources available. Opportunities for generating new capital resources are extremely limited, making it vital that funds are used effectively and the consideration of the longer term pressures over the next 10 to 15 years is undertaken.
1 Page 87 2. RECOMMENDATIONS It is recommended that Council:- (1) note the latest projections within the Medium Term Financial Plan; (2) note the position with regard to the service base budgets; (3) consider the progress to date on the identification of growth and savings options; (4) note the position with regard to the Capital Programme and the new capital bids; and (5) note that these budget proposals will be consulted upon with the Overview and Scrutiny Committees and various stakeholders and further considerations and updates will be provided to Cabinet on 30 January 2013.
3. BACKGROUND 3.1 The Council, at its meeting on 27 September 2012 agreed to the proposed Budget Strategy for the current year’s Budget Process. The Budget Strategy set out some broad principles which are being used for the preparation of the 2013/14 – 2017/18 Revenue and Capital budgets. 3.2 The Medium Term Financial Plan projects future levels of both expenditure, income and potential resources over the next five years and was last approved by Council on the 29 March 2012. The potential changes to the assumptions and the financial implications are kept constantly under review as circumstances change, and updated positions were provided in the reports considered by Cabinet on the 31 October 2012 and 28 November 2012 and Council 27 September 2012. This is subject to change as more detailed information is provided. Members will be updated regularly. 3.3 The updated deficit projections are contained within the Table 1 below. The detailed reconciliation of the movement in the position is provided in Appendix 2. In addition there are service pressures which are added in Table 2 below. The current estimated deficit forecast rises from circa £451k in 2013/14 to circa £1.9m by 2016/17. The task of the budget process is to consider and provide options regarding how the deficit position is to be corrected. 3.4 A key risk within the MTFP projections relates to the Chancellor’s Autumn Statement (5 December 2012) and the Local Government Finance Settlement, with the detailed funding figures due to be announced in late December 2012. The current arrangement is due to be replaced from April 2013. The Government have now confirmed the policy for the localisation of business rates which include the retention of Revenue Support Grant (RSG) but using an amended formula to give a greater weighting on the costs of providing services in rural areas, although the influence of this is lessened through damping.
2 Page 88
Table 1: MTFP Projected Deficits
MTFP Update November 2012 2013/14 2014/15 2015/16 2016/17 £000 £000 £000 £000 BUDGET DEFICIT from MTFP approved March 2012 147.7 331.1 889.2 1,572.7
Net movements March - August 2012: (178.6) 90.7 90.7 90.7 Projected Deficit Aug / Sept 2012 (30.9) 421.8 979.9 1,663.4
Net movements Sept / Oct 2012: 309.6 175.4 8.1 55.7 Projected Deficit October 2012: 2% Council Tax Increase 278.7 597.2 988.0 1,719.1 Further Pressures: November 2012: Impact of Welfare Reform: - reduction in net benefit relating to overpayments 93.0 93.0 93.0 93.0 - reduction in benefit admin grant 61.0 61.0 61.0 61.0 - 10% reduction in council tax support grant 80.0 80.0 80.0 80.0 Additional income from Council Tax discounts (172.0) (172.0) (172.0) (172.0) Reduction and reprofiling of Vehicle & Plant replacement (206.7) 47.8 2.5 (224.7) programme para 4.2 Projected Deficit November 2012: 2% Council Tax 134.0 707.0 1,052.5 1,556.4 Increase
Income foregone through Council Tax freeze 2013/14 162.2 165.6 168.9 172.3 Council Tax freeze grant 2013/14 and 2014/15 (81.2) (81.2) 0.0 0.0 Projected Deficit November 2012: 0% Council Tax 215.0 791.4 1,221.4 1,728.7 Increase
3.5 The Government have announced that, where Councils do not increase their Council Tax from 1 April 2013 they would be eligible for Council Tax Freeze Grant. This is similar to the offer from Government for 2011/12 and 2012/13. The Council Tax freeze grant for 2011/12 will be built into the future levels of Revenue Support Grant. The grant relating to 2012/13 will be paid for one year only. The proposal for 2013/14 will be for the equivalent of 1% increase in Council Tax to be paid in each of 2013/14 and 2014/15. Although grant has been offered that largely offsets the initial impact of the freezing of Council Tax, in subsequent years the freezing of Council Tax will reduce future revenue streams. This is illustrated in Appendix 3 .
3.6 Table 1 sets out the deficits which would occur if the Council Tax was increased by 0% and 2%. The Government has announced that increases in excess of 2% require a local referendum, the cost of which is estimated at circa £100k.
4.0 REVENUE BUDGET ASSUMPTIONS 4.1 The draft base service budgets for 2013/14 and onwards: • Include the 5 year savings and growth approved during the 2012/13 budget process; • Inflation has been built into the base budget in accordance with the Budget Strategy • Salary budgets have been prepared based on the current staffing structure reduced, where necessary, by savings approved during the 2012/13 budget process. The Human Resources Committee approved the proposed structure on 27 November 2012 arising from the Organisational Review.
3 Page 89 Staffing budgets are being updated. This is expected to meet the savings already incorporated (circa £600k). • The current estimates include an assumption that the income from the second homes agreement remains the same (ie it generates circa £600k in 2013/14). The County have indicated that they may wish to review this arrangement in future years. • Departmental recharges are based on the 2012/13 working budget. Recharges will be recalculated once the structural changes and other base budgets have been agreed. • Capital charges have been reviewed and updated in the draft service budgets. These have no impact on the MTFP projections as they are not charged against Council Tax. • Currently the budget excludes the £102k allocated to the Local Area Partnerships in previous years. Initiatives such as participatory budgeting are being considered to enable local communities to influence local resource decisions in more effective ways. 4.2 A significant increase in the MTFP projection relates to the costs of funding the Vehicle and Plant Replacement Programme (V&PRP). It has been assumed that the programme will be funded through borrowing, which requires the costs of repayment and interest to be charged to the General Fund. These costs were due to increase substantially over the duration of the current Medium Term Financial Plan. A draft updated V&PRP has been produced which reflects the deferment of part of the 2012/13 programme until the completion of the kerbside recycling trial of cardboard and plastics. This programme would substantially reduce the revenue impact of the proposed purchases. The detailed analysis is provided in Appendix 4. Further work will continue in this area.
5.0 REVENUE BUDGET PROPOSALS 5.1 Table 2 shows the revised revenue deficit forecast taking account of pressures on the base budgets, proposed savings and shortfalls in income. Table 2: Updated Revenue Budget Position
2013/14 2014/15 2015/16 2016/17 £000 £000 £000 £000 Medium Term Financial Plan base (from Table 1 134.0 707.0 1,052.5 1,556.4 above) Budget Pressures (see 5.2 & Appendix 5) Reductions in income 157.0 113.0 113.0 113.0 Additional costs 141.0 129.0 129.0 129.0 Offset by proposed savings and income growth (see 5.4) (62.0) (62.0) (62.0) (62.0) Updated Budget Deficit November 2012 (2% Council Tax increase) 370.0 887.0 1,232.5 1,736.4
Income foregone through Council Tax freeze 2013/14 162.2 165.6 168.9 172.3 Council Tax freeze grant 2013/14 and 2014/15 (81.2) (81.2) 0.0 0.0 Updated Budget Deficit November 2012 (0% Council Tax increase) 451.0 971.4 1,401.4 1,908.7
4 Page 90 BUDGET PRESSURES 5.2 The analysis of the forecast reduction in income and additional costs is provided in Appendix 5. 5.3 The figures above do not include the growth bid for planned maintenance for Council buildings. The recurring budget for planned maintenance has been around £250,000 for some years, which has not fully reflected the cost of maintaining assets. A bid has been received to spend £2.2m in 2013/14 on a number of large improvement schemes, £1.5m of which could be classified as capital and are also included in the capital bids (see section 6.3 below). Further work is underway to prioritise these schemes and to confirm whether they should be revenue or capital growth bids.
BUDGET SAVINGS AND INCOME GROWTH 5.4 The anticipated £62k of savings included in Table 2 above is made up as follows: (1) Savings on energy in public buildings over and above what is already included in base budgets, largely due to the impact of LED lighting (estimated £15k pa). (2) Reduction in the cost of the Homelessness service through reduced use of Bed and Breakfast (B&B) accommodation (£40k) and a reduction in contributions to organisations (£26.6k). This will be offset by a reduction in customer receipts from B&B use (£20.6k) and reduced homelessness prevention grant (£18k) giving a net saving of £28k pa. (3) Increased income from fleet management. This is due to additional work from maintaining third parties’ fleet (£19k pa). 5.5 The review of the base budgets has included the review of the areas of significant underspends in 2011/12, such as Homelessness and Dangerous Structures. 5.6 Work will continue to provide savings in the following areas: (1) Potential additional income from the external use of office accommodation (2) Potential additional income from changes to Council Tax Discount via an income sharing agreement in excess of what is currently included for changes to Empty Homes Discounts (which if approved would generate approximately £500k for the County). (3) Officers will continue to seek value for money through effective management of costs and in the delivery of services through effective procurement processes. This will include a review of both internally and externally provided services (and their impact on capital funding decisions) to examine if any should be re-tendered ahead of the current schedule; (4) Increase income generated through improving demand/usage, rent and/or increasing or introducing new fees and charges; (5) The outcome of the review of Car Park charges will be fed into future budget reports. (6) Consider the level of Council Tax increase to apply from 2013/14; (7) Consider the levels of discount and premium on Council Tax of second homes and empty homes as recommended by Cabinet on the 28 November;
5 Page 91 (8) Continue to identify other reductions in expenditure through the corporate financial monitoring process; (9) Review policies to ensure the best use and levels of working balances and the General Reserves.
5.7 FEES AND CHARGES 5.7.1 Council considered and approved the updated Budget Strategy at its meeting on the 27 September. This proposed that ‘where appropriate income from fees and charges should be increased by at least 1% above inflation where market forces permit’. The MTFP contains assumptions about growth of income budgets and if these assumptions are not met this will create a larger gap between the cost of delivering the Council’s services and the resources available. 5.7.2 As reported on 31 October, there were a number of significant areas of fees and charges where there were no increases in income budgets projected. Further work has been carried out on the initial position reported. The following table provides an update on shortfalls and surpluses currently projected for 2013/14. The previously projected gap of £69k remains, as summarised in the table below:
Table 4: Summary of projected income
2013/14 2013/14 Gap Service Area MTFP proposed £000 £000 £000 Car parking (4,167) (4,086) 81 Lake income (1,113) (1,113) 0 Building Control (466) (449) 17 Development control (305) (303) 2 Licensing (284) (312) (28) Markets (299) (293) 6 Cemeteries (218) (216) 2 Other (1,650) (1,661) (11)
Total (8,502) (8,433) 69
5.7.3 From the table above, the main area making up the £69k is Car Parking (this service accounts for £81k of the gap). Although there are other movements on other service areas, these broadly balance out to meet the MTFP target. 5.7.4 The Car Parking fees and charges have not at this stage been increased in line with the MTFP or Budget Strategy. No changes have to date been made to the 2012/13 levels of income budget to be generated. Further work is underway to examine other options and the impact of these on the deficit currently included. The outcome of this work and the options arising and financial impact will be included in the future budget report. 5.7.6 The assumption in this report is that income generated from Lake Windermere is in line with the strategy. Options around Fees and Charges are being developed and will be considered by the Lake Administration Committee on the 25 January. The implications arising will be included in the next budget report. 5.7.7 Each of these additional pressures will continue to be reviewed for any potential to generate income beyond the current projections, with any changes to be fed into subsequent budget reports.
6 Page 92 5.8 PROPOSAL – FEES AND CHARGES OPTIONS 5.8.1 The detailed Fees and Charges information as it currently stands is set out in Appendix 6. The current and proposed levels and the percentage increase to these are included in the appendix. An Equality Impact Assessment will be carried out. The Lake Administration, Planning and Licensing Committees, as well as a joint Overview and Scrutiny Committee, will be involved in the consultation process.
5.9 HOUSING REVENUE ACCOUNT The Council transferred most of its housing stock to South Lakes Housing on 5 March 2012. Now the necessary audit checks have been completed the Council is able to apply to the Secretary of State for approval to close the Housing Revenue Account on 31 March 2013. It is expected that only a small number of transactions will be charged to the HRA during 2012/13, mainly adjustments to estimates made at the time of transfer. Once the HRA is closed, the HRA working balance is no longer ring-fenced. On 29 March 2012 Council approved in principle that the final uncommitted HRA working balance be transferred to the New Homes Bonus Reserve.
6.0 CAPITAL PROGRAMME 6.1 BACKGROUND 6.1.1 The 2012/13 capital programme was agreed by Council on 23 February 2012 and adjusted for spend carried-forward from 2011/12 with a current gross budget of £8,028k. The Corporate Financial Monitoring process has identified some projects within the Capital Programme where expenditure is unlikely in the current financial year. These projects are being reviewed and will be re-scheduled where appropriate. 6.2 CAPITAL FUNDING 6.2.1 Following the housing transfer on 5 March 2012 a proportion of the Council’s capital receipt is available to fund the capital programme. There will also be income due from the VAT shelter arrangement established as part of the housing transfer. However, other resources to fund the capital programme are generally declining, as is shown in Appendix 7. If there are only likely to be new funding received of £1.2m per year (excluding borrowing) it is important to consider the long-term affordability of the Capital Programme and to balance current need against future need. 6.2.2 The value of the VAT shelter will depend on the pattern of spend by South Lakes Housing on eligible improvement works. Council agreed in principle that income from the VAT shelter would only be reflected in the capital programme when it was received to avoid over-committing resources. 6.2.3 Efforts continue to generate more capital funding but this is increasingly challenging in the current financial climate where asset sales are subdued and grants are harder to obtain. 6.3 CAPITAL BIDS 6.3.1 Appendix 8 shows bids received for capital resources, totalling just under £3.3m There is no additional external funding, such as grants, identified for any of the new bids. Therefore all bids will need to be found within existing resources. 6.3.2 A number of the bids relate to the replacement of significant components of existing Council buildings, which have also been included in the bid for planned 7 Page 93 maintenance funding within the General Fund revenue account of £2.2m. There are also various projects within the Capital Programme which are recurring and for which no new bid is required, such as Disabled Facility Grants. The future cost of these projects is being established with officers. 6.3.3 Bids are only received where the need to spend has been identified and where the potential cost is quantifiable. However, there are potential, currently unqualified, costs in the future of maintaining the Council’s assets, particularly the significant income-generating assets such as the Westmorland Shopping Centre car park. 6.3.4 All new capital bids have been prioritised by Portfolio Holders and Management Team and all items within the current Capital Programme are being reviewed against the prioritisation criteria used for 2012/13 bids. The level of funding has been reviewed and allocated based on the prioritisation exercise. The scheduling of bids will be challenged. The outcome of this exercise is an affordable prioritised list of projects shown at Appendix 9. 7.0 WORKING BALANCE 7.1.1 The General Fund working balance at 1 April 2012 was £4.0m. Working balances are used to help cushion the organisation against uneven cash-flows and avoid unnecessary borrowing. The Council also holds a General Reserve of monies set aside to form a buffer against future financial risks in the medium term and to enable the Council to progress major organisational and transformational changes by providing resources to fund the initial costs of these developments. The balance on this General Reserve at 1 April 2012 was £1.6m. An annual review is carried out to assess risks attaching to: • pay and pension costs • inflationary pressures • interest rates • Government grant • income from fees and charges 7.1.2 Authorities in England and Wales are required to have regard to the level of reserves needed for meeting estimated future expenditure when calculating the budget requirement. Appendix 10 shows the risk-based calculation of a minimum recommended working balance and General Reserve for 2013/14. This supports the reduction of the working balance by around £0.9m to £3.1m. There are several options to achieve this position, which could include one or more of the following: a) utilising the funds to reduce the significant backlog in planned maintenance; b) reducing the budget deficit in any single year, possibly to offset the additional costs previously charged to the Housing Revenue Account; c) using funds to support the capital programme; d) transfer funds to a reserve, either the General Reserve or a specific reserve, based on identified risk e.g. Planning legal costs; Should risks increase in the future, it would be necessary to consider increases to the working balance and or reserves accordingly.
7.1.3 It has been requested that a new Reserve be established for Promoting South Lakeland. This reserve would initially be set-up by transferring £60k from the General Fund working balance. The Leader of the Council would be authorised to approve expenditure from this Reserve.
7.1.4 Currently all requests for additional budget, where virement cannot be identified, need to be approved by Members. It is proposed that the use of a limited amount of Working Balance should be delegated to the Senior Management Team for use 8 Page 94 in certain defined circumstances, mainly where enforcement action is required or where legal action is taken against the Council. In addition an amount of £60k is proposed to support the review of the Leisure Contract to fund the cost of external consultancy and legal advice. In total it is proposed that the delegation would be for up to £210,000 for the following service areas:
Service Area £000 Legal Costs 50 Planning Legal Costs 40 Enforcement Legal Costs 60 Leisure Contract Review Costs 60 Total Earmarked within Working Balance 210
Where these funds were spent in any year they would need to be reimbursed by a contribution to reserves, either from unspent funds identified at outturn of the same financial year or by a budgeted contribution in the following year’s budget.
8. ALTERNATIVE OPTIONS 8.1 This report provides an update on the current position with regard to the preparation of the 2013/14 – 2016/17 budgets and latest proposals for Fees and Charges from April 2013. 9.0 NEXT STEPS 9.1 The Portfolio Holder, Senior Management Team, budget holders, managers and finance staff are working together on the finalisation of budgets based on the approved strategy. Detailed budgets will be reported to a joint meeting of the Overview and Scrutiny Committees in January 2013. Work is continuing on the service base budgets and options for reducing the deficits currently projected (as detailed in Appendix 11 ). The timetable for the preparation of the budgets is shown in Appendix 1 , including proposals for consultation. 10. IMPLICATIONS 10.1 Financial and Resources 10.1.1 These form part of the report, the strategic aim being to plan and safeguard the Council’s medium to longer term financial position. 10.2 Human Resources 10.2.1 Some of the actions arising from the proposed savings will potentially have implications for staff. They are being considered and reported as part of the budget process. 10.3 Legal 10.3.1 This report contains consideration of actions required to deliver a balanced budget in 2013/14 and set the Council Tax by the statutory deadline of 12 March 2013. 10.4 Social, Economic and Environmental Impact 10.4.1 Has a sustainability impact assessment been carried out? No 10.4.2 This proposal is considered to have a neutral impact on sustainability.
9 Page 95 11. RISK ASSESSMENT Risk Consequence Controls required Failure to create a Includes: inability to deliver Identification of sound budget balanced and corporate priorities, guidelines in an agreed strategy sustainable budget by inappropriate spending, reduces the risk of an March 2013 reductions in services. unaffordable budget, unacceptable council tax or council house rent increases, and/or precipitate budget reductions. Application of budget guidelines.
12. EQUALITY AND DIVERSITY 12.1 An equality and diversity impact assessments of the options to be implemented will be carried out as the budget proposals are developed. 13. LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 13.1 The proposals are based on forecasts that recognise the need for resources to be identified for new developments in the draft Council Plan. Setting a sound framework for budget preparation assists in the delivery of corporate outcomes. The draft budgets have been developed from the MTFP and the Budget Strategy. 14. CONCLUSION AND EXPECTED OUTCOMES 14.1 This report fleshes out the detail work on budget preparation to date. The budget process will ensure the Council directs its financial resources to delivering the priorities within the Council Plan. APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 2013/14 Budget Process Timetable 2 Movements in MTFP Deficit Projections since March 2012 3 Impact of Council Tax Freeze Grant and Council Tax Freeze 4 Proposed Budget Growth 2013/14 – 2017/18 5 Impact of Proposed Vehicle and Plant Replacement Programme 6 Proposed Fees and Charges 7 Capital Funding 8 Capital Bids 9 Capital Programme by scheme for 5 years including funding 10 Risk assessment of working balance 11 Budget Summary
CONTACT OFFICERS Shelagh McGregor 01539 717420 Assistant Director (Resources) & S151 Helen Smith. Financial Services Manager; 01539 717217; [email protected]
10 Page 96 BACKGROUND DOCUMENTS AVAILABLE Draft Budget Strategy 2013/14 – 2017/18 (Council 27 September 2012) http://democracy.southlakeland.gov.uk/documents/s3007/2013- 14%20Draft%20Budget%20Strategy%20Report.pdf Corporate Charging Policy & Medium Term Financial Plan (Council 29 March 2012) http://democracy.southlakeland.gov.uk/documents/s1699/MTFP%20Appendix%20- %20MTFP%20for%20Cabinet.pdf
TRACKING Assistant Portfolio Solicitor to the SMT Scrutiny Director Holder Council Committee 27/11/12 29/11/12 27/11/12 29/11/12 N/A Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer 28/11/12 Cabinet 18/12/12 My report 29/11/12 Human Resources Services Manager 29/11/12
11 Page 97 2013/14 to 2017/18 DRAFT REVENUE AND CAPITAL BUDGETS – APPENDIX 1 PURPOSE OF APPENDIX The purpose of this Appendix is to outline the budget process timetable and the budget consultation timetable. 2013/14 BUDGET PROCESS TIMETABLE
Task Who Date Preparation of detailed estimates Budget holders and Finance September – December Consultation by various methods See Consultation Programme below September - February with stakeholders Submission of Service Development Budget Holders and Assistant 1 November Proposals (Growth Bids) and Directors in consultation with Portfolio Savings Options Holders and appropriate Members Updated MTFP & Deficit Forecast Assistant Directors & Chief Final report deadline Accountant in consultation with 19/10 for the meeting Fees and Charges Options Portfolio Holders 31 October Cabinet 1) Updated MTFP & Deficit Forecast Section 151 Officer and Assistant Final Reports Directors deadline 16/11 for 2) Draft 5-year Detailed Base Revenue and Capital Budgets 28 November meeting 3) Draft 5-year Budget Options for Service Savings & Growth
4) Draft Fees and Charges Options Cabinet
1st Draft Budget including: S151 Officer/SMT 30/11 for the 12 1) Updated MTFP Cabinet (if needed) December (if needed)
2) Draft 5-year Detailed Base Council 04/12 for 18 Revenue and Capital Budgets December 3) Draft 5-year Budget Options for Service Savings & Growth 4 weeks Statutory Consultation From 19 December 4) Draft Fees and Charges Options period commences
1st Draft Budget inc. Suite of Budget Joint Overview & Scrutiny Co 04/01 for 15 January Reports 1) to 4) Licensing Committee 08/01 for 22 January Relevant Service Budget Report Planning Committee 10/01 for 24 January extracts Lake Admin Committee 11/01 for 25 January
2nd Draft Budget inc. consideration of Cabinet 18/01 for 30 January O&S and other consultees comments on the 18/12 Draft Budget proposals Final consultation on Draft Budget Resources Overview & Scrutiny 24/01 for 7 February Committee
Formulation of Final Budget proposal Cabinet 01/02 for 13 February Approval of Budget and Council Tax Council 14/02 for 28 February
12 Page 98
CORPORATE PLAN AND BUDGET CONSULTATION PROGRAMME
Who How When Public and Electorate SLDC News November Website Questionnaire December to January Business Community In addition to the above: One Southlakeland E-mail Briefing Paper December Letter to key NNDR Payers February 2013 Strategic Partners E-mail Briefing Paper December
Parishes E-mail Briefing Paper December (with Precepts letter? TBC) LAPS E-mail Briefing Paper December
Public Sector E-mail December to 31 January County, Police, Other Districts Website
13 Page 99 2013/14 to 2017/18 DRAFT REVENUE AND CAPITAL BUDGETS – APPENDIX 2
PURPOSE OF APPENDIX The purpose of this Appendix is to detail movements in the Medium Term Financial Plan (MTFP) projections since March 2012.
MTFP Update November 2012 2013/14 2014/15 2015/16 2016/17 £000 £000 £000 £000 Budget Deficit from MTFP approved March 2012 147.7 331.1 889.2 1,572.7 MRP adjustment for actual spend 2011/12 (38.5) (38.5) (38.5) (38.5) Planned contribution to working balance (50.0) (50.0) (50.0) (50.0) Savings in excess of targets - Management Restructure (104.0) (104.0) (104.0) (104.0) Savings in excess of targets - Dangerous Structures (60.0) (60.0) (60.0) (60.0) Reduction in staff pay award (110.0) (111.0) (111.0) (111.0) Lower interest rates on investments 183.9 454.2 454.2 454.2 Projected Deficit Aug / Sept 2012 (30.9) 421.8 979.9 1,663.4 Lower interest rates on investments (80.0) (80.0) (80.0) (80.0) Reduction in staff pay award 0.0 (111.0) (111.0) (111.0) Projected shortfall in income from April 2013 69.0 70.4 71.8 73.2 Reprofile saving on Ferry Nab back by 1 year 280.0 493.0 493.0 493.0 0.0 (280.0) (493.0) (493.0) New Homes Bonus: additional income 2013/14 onwards (75.9) (27.9) 0.0 0.0 Additional contribution to New Homes Bonus reserve 75.9 27.9 0.0 0.0 Maximum 2% increase in Council Tax 40.6 83.0 127.3 173.5 Projected Deficit October 2012: 2% Council Tax 278.7 597.2 988.0 1,719.1 increase Further Pressures: November 2012: Impact of Welfare Reform: - reduction in net benefit relating to overpayments 93.0 93.0 93.0 93.0 - reduction in benefit admin grant 61.0 61.0 61.0 61.0 - 10% reduction in council tax support grant 80.0 80.0 80.0 80.0 Additional income from Council Tax discounts (172.0) (172.0) (172.0) (172.0) Reduction and reprofiling of Vehicle & Plant replacement (206.7) 47.8 2.5 (224.7) programme Projected Deficit November 2012: 2% Council Tax 134.0 707.0 1,052.5 1,556.4 Increase Income forgone through Council Tax freeze 2013/14 162.2 165.6 168.9 172.3 Council Tax freeze grant 2013/14 and 2014/15 (81.2) (81.2) 0.0 0.0 Projected Deficit November 2012: 0% Council Tax 215.0 791.4 1,221.4 1,728.7 Increase
14 Page 100 2013/14 to 2017/18 DRAFT REVENUE AND CAPITAL BUDGETS – APPENDIX 3
PURPOSE OF APPENDIX The purpose of this Appendix is to show the impact of Council Tax freeze grant and freezing of Council Tax on income due to the Council. 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16
Taxbase 46,106 46,211 46,211 46,212 46,212 46,212
Without Council Tax freeze Council Tax £ 175.63 175.63 180.02 184.52 188.21 191.98 Future Council Taxes increases of 2.5% (2% from 2013/14) £ 0.00 4.39 4.50 3.69 3.76 3.84 Projected SLDC Council Tax 175.63 180.02 184.52 188.21 191.98 195.82
Assumed Council Tax Income £000 8,098 8,319 8,527 8,698 8,872 9,049
Council Tax freeze 2011/12 & 2012/13 & 2013/14 Council Tax £ 175.63 175.63 175.63 175.63 175.63 179.14 Future Council Taxes increases of 2.5% (2% from 2013/14) £ 0.00 0.00 0.00 0.00 3.51 3.58 Projected SLDC Council Tax 175.63 175.63 175.63 175.63 179.14 182.73
Assumed Council Tax Income £000 8,098 8,116 8,116 8,116 8,279 8,444 Council Tax Freeze grant £000 0 204 406 82 82 0 Council Tax Freeze grant rolled into RSG £000 0 0 0 204 204 204 Assumed Council Tax Income including freeze grant £000 8,098 8,320 8,522 8,402 8,564 8,648
Income foregone - in year £000 0.0 -1 5 296 307 401 Income foregone - cumulative £000 0.0 -1 4 300 607 1,008
15 Page 101 2013/14 to 2017/18 DRAFT REVENUE AND CAPITAL BUDGETS – APPENDIX 4
PURPOSE OF APPENDIX The purpose of this Appendix is to detail the proposed amendments to the Vehicle and Plant replacement programme and its revenue impact. 2012/13 2013/14 2014/15 2015/16 2016/17 £000 £000 £000 £000 £000 Vehicle & Plant replcement programme approved March 2013: Capital expenditure: 3,106.0 838.0 329.0 1,025.0 1,845.0 Cumulative revenue impact: 232.4 691.1 828.9 911.1 1,191.3 Increase compared to 2012/13 budget: 0.0 458.7 596.5 678.7 958.9
Proposed Vehicle & Plant replcement programme: Capital expenditure(excl contract hire): 1,172.6 2,418.5 203.0 373.0 1,715.0 Revenue impact: 232.4 484.4 876.6 913.6 966.6 Increase compared to 2012/13 budget: 0.0 252.0 644.2 681.2 734.2
Additional Revenue Cost / (Saving) compared to March 2012 MTFP: 0.0 (206.7) 47.7 2.5 (224.7)
16 Page 102 2013/14 to 2016/17 DRAFT REVENUE AND CAPITAL BUDGETS – APPENDIX 5
PURPOSE OF APPENDIX The purpose of this Appendix is to detail proposed budget pressures for 2013/14 to 2017/18. Future 2013/14 Directorate/Service Description years £000 £000 Reductions in income (not related to Fees and Charges) Potential loss of income from South Lakes Housing IT SLA following the LSVT. This was generating income for the Council whilst South Policy and Performance: ICT 28 28 Lakes Housing were using elements of SLDC’s IT system. SLH have indicated their intention to end this arrangement. Strategic Planning: Parking The delivery of Car Parking Enforcement has Enforcement changed during 2012/13 so that SLDC now no longer performs on-street enforcement on behalf of the County Council. This means a 55 55 reduction in enforcement income greater than that anticipated in the MTFP. When the impact of assumed income growth is taken into account, this comes to £55k Strategic Planning: Leisure Discontinuation of grant from Cumbria County Centres Council towards costs of Kendal Leisure 44 0 Centre, partially offset by reduction in payment to Lakes Leisure Development Control costs previously met from Strategic Planning: Development Planning Delivery Grant*. This covers 30 30 Control arboriculture consultancy costs that are on- going. Total Reductions in income 157 113
17 Page 103 Future 2013/14 Directorate/Service Description years £000 £000 Additional costs Policy and Performance: ICT Increased IT operating costs, mainly in relation Strategic Planning:Building to software, data lines and disaster recovery. Control Savings had been anticipated on data lines that Neighbourhood Services: Food have not been realised and current disaster Safety recovery arrangements need to be enhanced (£31k) Also mobile working software used to 44 44 aid efficiency for off-site work (Buidling Control £10k, Food Safety £3k). This was funded from carry forwards in 2012/13 but no recurring funding has been identified.
Additional Elections work for Community Governance Reviews and postal voter ID verification.* These are statutory changes Policy and Performance: reflecting the Council’s role in Local 17 5 Electoral Registration Governance decision making and the postal voting system. This may potentially be offset by New Burdens Grant. Specialist advice to deliver economic Economic Development 30 30 development projects. Additional costs of implementing Carbon Various 15 15 Reduction scheme; offset by energy savings **Additional Grants. These is proposed Policy and Performance additional growth to the grants to third parties 20 20 budget. Postage costs - which have been absorbed with the base budget for the majority of Postage Costs services but where it is a significant value it is 15 15 proposed that the base budget should be increased. Total Additional Costs 141 129 Total Potential Additional Costs 298 242 *Reductions in income/growth from statutory changes and grant allocations ** Growth requested by Cabinet
18 Page 104 Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £
CEMETERY CHARGES The fees, payments and sums set out below apply where the person to be interred or in respect of whom a right is to be granted,is, or immediately before his/ her death or application for the right, was an inhabitant of the area administered by South Lakeland District Council or, in the case of a still born child, where the parents (or one of them) are,or at the time were, such inhabitants.
In all other cases the fees, payments and sums shall be doubled.
Interment The fees indicated below apply only where the interment is made between the hours of 9.30 and 15.00 on Monday to Friday. In any other cases an additional fee of £200.00 will be payable and such cases will 150.00 200.00 0.00 200.00 33.33 include any days which are or may in future be Page 105 classed as public holidays.
Funerals on a Saturday are at the discretion of the Council and can only be considered when staff are available to carry out the necessary works. An additional fee will be payable: Full grave interment 150.00 200.00 0.00 200.00 33.33 Ashes interment or scattering 65.00 90.00 0.00 90.00 38.46
Interments will not be permitted on Sundays, Good Friday or Christmas Day.
For the interment in a grave in respect of which no exclusive right of burial has been granted:
Of the body of a still-born child,or of a child whose No Fee No Fee No Fee Single Depth age at the time of death did not exceed one month.
Of the body of a person whose age at the time of 32.00 33.00 0.00 33.00 Single Depth 3.13 death exceeded one month but did not exceed 12 years.
Of the body of a person whose age at the time of 375.00 390.00 0.00 390.00 4.00 death exceeded 12 years.
For the interment in an earthen grave,walled grave or vault in respect of which an exclusive right of burial has been granted:
Interment Of the body of a still-born child,or of a child whose No Fee No Fee No Fee Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £ age at the time of death did not exceed one month.
Of the body of a person whose age at the time of 72.00 74.00 0.00 74.00 2.78 death exceeded one month but did not exceed 12 years. (Including dressing of the grave)
Of the body of a person whose age at the time of death exceeded 12 years (Including dressing of the grave) at
up to Double depth 540.00 560.00 0.00 560.00 Includes grave lining 3.70 Treble depth** 580.00 600.00 0.00 600.00 Includes grave lining ** 3.45 ** applies only to graves purchased with an option to bury at this depth, if possible. The internment or scattering of cremated remains 155.00 160.00 0.00 160.00 3.23
For a search of an entry in any of the
Page 106 Cemetery Registers maintained by the Council 20.00 21.00 0.00 21.00 5.00
For a search and a certified copy of an entry in any 20.00 21.00 0.00 21.00 5.00 of the Cemetery Registers maintained by the Council 128,500 Exclusive Rights of Burial
For the exclusive right of burial for a period not exceeding 100 years from the date of grant in:
A standard size earthen grave 540.00 560.00 0.00 560.00 3.70 A small grave specifically allocated for the burial 55.00 57.00 0.00 57.00 3.64 of a child whose age at the time of death did not exceed 12 years A space not exceeding 1.8m by 1.2m in such 200.00 220.00 0.00 220.00 10.00 parts of the burial grounds as may have been set aside for the burial of cremated remains.
b. For the right to construct a walled grave or vault in 250.00 260.00 0.00 260.00 4.00 gravespaces in respect of which an exclusive right of burial has been granted, there shall be payable (in addition to the appropriate fee for such a grant) in respect of each gravespace for which the right is acquired.
Transfer of Exclusive Right of Burial Registers maintained by the Council. 30.00 35.00 0.00 35.00 16.67
52,750 Monuments, Gravestones,Tablets and Monumental Inscriptions
For the right to erect or place on a grave or vault in respect of which the exclusive right of burial has Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £ been granted:
A flat tablet occupying a superficial area not 82.00 85.00 0.00 85.00 3.66 exceeding 450mm by 520mm.
A flat tablet occupying a greater area of the 175.00 180.00 0.00 180.00 2.86 gravespace.
A headstone, scroll or similar monument Not exceeding 1 metre in height 150.00 155.00 0.00 155.00 3.33 Exceeding 1 metre, for each 0.3 metres or part thereof 63.00 65.00 0.00 65.00 3.17 A vase in lieu of a headstone 82.00 85.00 0.00 85.00 3.66
For the right to place an additional inscription on 54.00 46.67 9.33 56.00 £46.67 plus VAT 3.71 an existing monument. (or inscription in Book of Remembrance (Ulverston)
For an entry in the Book of Remembrance Cost at time Depends on length of entry maintained at Ulverston Cemetery (in addition to the Page 107 fee for Right to insert inscription)
For installation of a bronze memorial plaque 96.00 81.67 16.33 98.00 2.09 (in addition to appropriate fee as set out above)
Annual registration fee for Memorial Mason 50.00 43.33 8.67 52.00 3.99 Registration Scheme 29,000 Miscellaneous Fees
Not subject to the residential qualifications details in the preamble.
Use of Chapel of Rest for funeral purposes 50.00 52.00 0.00 52.00 1500 4.00
2. CONTROL OF DOGS
1st Kennelling Government Prescribed Fee 25.00 25.00 0.00 25.00 0.00 Basic Fee including 1 days kennelling 45.00 45.00 0.00 45.00 0.00
Total Minimum Charge 70.00 70.00 0.00 70.00 0.00
Total Maximum Charge - (7 Days) 142.00 142.00 0.00 142.00 0.00
2nd & Subsequent Kennelling Government Prescribed Fee 25.00 25.00 0.00 25.00 0.00
Basic Fee including 1 days kennelling 140.00 140.00 0.00 140.00 0.00 Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £ Total Minimum Charge 165.00 165.00 0.00 165.00 0.00
Additional Daily Kennelling Charges for day 2 to day 6 per day 12.00 12.00 0.00 12.00 0.00 2,000
THE PRIVATE WATER SUPPLIES REGS 2009
Private Water Supplies Copy of Register Entry supplied to person with a No Charge No Charge No Charge direct interest in the registered property
Copy of Registered Entry supplied to EA No Charge No Charge No Charge or Drinking Water Inspectorate
Analysing a sample taken under regulation 10 25.00 25.00 0.00 25.00 0 0.00
Page 108 taken during check monitoring 40.00 40.00 0.00 40.00 0 0.00 taken during audit monitoring 440.00 440.00 0.00 440.00 0 Maximum cost 0.00
Risk assessment (each assessment) These charges are within the maximum Domestic 115.00 118.50 0.00 118.50 11800 amounts set by Regulation 3.04 Commercial for the first 3 hours 115.00 118.50 0.00 118.50 0 3.04 per hour up to £500 max 35.00 35.00 0.00 35.00 0 0.00
Sampling per visit 63.00 65.00 0.00 65.00 22800 3.17
Investigation (per hour) up to £100 max 35.00 36.00 0.00 36.00 1100 2.86
Granting an authorisation 100.00 100.00 0.00 100.00 0 0.00
ENVIRONMENTAL SEARCH Charge per hour 84.00 75.00 15.00 90.00 300 7.14
STREET SWEEPING
Charge per hour 96.00 80.00 16.00 96.00 1200 Includes driver and machine 0.00
LITTER BIN EMPTYING
a. Supply litter bin price on request 350.00 Price on request Price On Request b. Installation of litter bin depending on 120.00 100.00 20.00 120.00 0.00 location, minimum charge per empty & disposal 3.90 3.25 0.65 3.90 0.00
Provision of Replacement Wheelie Bin/ Recycling Box
Replacement bin including delivery. 45.00 37.50 7.50 45.00 0.00 Replacement recycling box and lid 20.00 16.67 3.33 20.00 510 0.02 Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £ LICENCES IN RESPECT OF ANIMALS
Pet Animals Act 1951 per annum 81.00 612 Animal Boarding Establishment Act 1963 per annum 103.00 2550 plus actual cost of veterinary advice and any other costs
Home Boarding per annum 71.00 1000
Riding Establishment Act 1964 & 1970 per annum 177.00 5000 plus actual cost of veterinary advice and any other costs
Dangerous Wild Animals Act 1976 per application 116.00 2040 plus actual cost of veterinary
Page 109 advice or any other reasonable costs involved in application
Breeding & Sale of Dogs (Welfare Act 1999) per annum 93.00 500 plus actual cost of To be reviewed and veterinary advice and any other costs approved by Licensing
Zoo Licence per annum 353.00 Committee Feb 2013 if 0 plus actual cost of veterinary advice and applicable any other costs Administration Fee for transfer of licence to another name 51.50 0 Late admin charge 25.00 0
Informal Zoo Inspections 110.00 0
STREET TRADING LICENCES Application Fee 242.00 per week 55.00 204 MISCELLANEOUS LICENCES
Sex Establishments 5,280.00 0
Skin Piercing & misc (premises) 116.00 Acupuncture,Tattooing and Electrolysis Licence Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £ Skin Piercing & misc (personal) Acupuncture,Tattooing and Electrolysis Licence 116.00 1,000
Motor Salvage Operator Registration 84.50 0
LICENCES IN RESPECT OF FOOD Condemned Food Certificate 100.00 100.00 0.00 100.00
Export Food Certificates 100.00 100.00 0.00 100.00
Non-statutory sampling Hourly Rate Officer time non-statutory Hourly Rate
FOOD PREMISES REGISTRATION REGULATIONS Registration No charge Inspection of Register No charge Copy of Single entry to owner of business No charge Page 110 Copy of Documents where applicable 12.00 10.00 2.00 12.00 Copy of full Register 24.00 20.00 4.00 24.00 1,000 PREMISES & CLUB CERTIFICATES
Premises and club application- each premise that is licensable will be
New Application and Variation fee Rateable Band A (nil-£4,300) 100.00 B (£4,301-£33,000) 190.00 C (£33,001-£87,000) 315.00 D (£87,001-£125,000) 450.00 E (£125,001 plus) 635.00
Annual Fee - payable 1 year after grant of licence
Rateable Band A (nil-£4,300) 70.00 B (£4,301-£33,000) 180.00 C (£33,001-£87,000) 295.00 D (£87,001-£125,000) 320.00 E (£125,001 plus) 350.00
Multiplier applied to premises in bands D & E where the premises are exclusively or primarily in the business of selling alcohol
D (x2) Application fee 900.00 Annual Charge 640.00
E (x3) Application fee 1,905.00 Annual Charge 1,050.00
Exceptionally Large Events (an additional premises fee for large events) Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £
Nos in attendance 5,000-9,999 1,000 10,000-14,999 2,000 15,000- 19,999 4,000 Statutory 20,000- 29,999 8,000 30,000- 39,999 16,000 40,000- 49,999 24,000 Charges TBC 50,000- 59,999 32,000 60,000- 69,999 40,000 70,000- 79,999 48,000 80,000- 89,999 56,000 90,000 plus 64,000
Personal Licences, Temporary Events & other fees a) Application for grant/renewal of personal licence 37.00 6500 b)Temporary event notice 21.00 9180 c) Replacement of premises licence(loss) 10.50 Page 111 d) Application for provisional statement where premises being built 315.00 e) Notification of change name or address 10.50 f) Application to vary licence to specify individual as premises supervisor 23.00 g) Application for transfer of premises licence 23.00 h) Interim authority notice following death, etc of licence 23.00 holder i) Theft, loss, etc of certificate or summary 10.50 j) Notification of change of name or alteration of rules of club 10.50 k) Change of relevant registered address of club 10.50 l) Theft, loss, etc of temporary event notice 10.50 m) Theft, loss, etc of personal licence 10.50 n) Duty to notify change of name or address 10.50 o) Right of freeholder etc. to be notified of licensing matters 21.00
Exemptions from payment of Premises Licence fee Applications covering the provision of regulated entertainment only (excluding the sale of alcohol)
Application by a proprietor of an educational institution(school or college) in respect of No Charge premises that are, or form part of, the educational institution and the provision of regulated entertainment on the premises is carried on by the educational institution for and on behalf of the purposes of the establishment. Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £ Application is in respect of premises that No Charge are or form part of a church or chapel hall or other similar building or village, parish or community hall or similar building 182,400
GAMBLING ACT 2005
Regulation of Initial Application Betting shops 1,800.00 Schedule of fees as per Betting track 2,500.00 Government guidelines Bingo premises 2,500.00 Adult entertainment centres 1,600.00 Family entertainment centres 1,600.00
Annual Fee Betting shops 600.00 Betting track 500.00
Page 112 Bingo premises 800.00 Adult entertainment centres 700.00 Statutory Family entertainment centres 400.00 8,160 GAMING LICENCES Charges TBC Small Lotteries Registration Fee 40.00 Renewal 20.00 4,080 Licensed premises 50.00 2550 Gaming Permit
Arcade Gaming Permit 300.00 4080 per licence for 10 years
PRIVATE HIRE/HACKNEY CARRIAGE LICENSING Private Hire Operators Licence 104.00 2550 1 year licence plus CRB fee Drivers Licence 1 year 60.00 2550 1 year licence plus CRB fee Replacement Drivers Badge 19.00 19000 Driver Verification Check 6.90 2142 CRB Application 44.00
Vehicle Licence 4 months 69.00 6 months 101.00 1 year 172.00 40,000 Transfer of Hackney/Private hire Vehicle 93.00 To be reviewed and Transfer of Hackney/Private hire Vehicle 51.00 approved by Licensing Ownership 9,588 Late administration fee 25.00 Committee Feb 2013 if applicable Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £ LICENCE PLATES applicable (for display on the vehicle) Door Plate 10.80 payable on 1st issue and for each subsequent renewal Pair of uniform signs 18.60 payable on issue only. New signs will be required if vehicle is replaced
Internal Identity disc,displaying 9.60 payable on 1st issue only. licence number Will be portable when vehicle 6,120 replaced Bracket (optional) 12.77 0.00 0.00 0.00
ENVIRONMENTAL PERMITTING REGULATIONS 2010
Application Fee Standard Process 1,579.00 Additional fee for operating without a permit 1,137.00
Page 113 Reduced fee activities 148.00 PVR 1 & 11 246.00 Vehicle finishers 346.00 Additional fee for operating without permit 68.00 Mobile Screening and Crushing plant 1,579.00 for the 3rd to 7th applications 943.00 for the 8th and subsequent applications 477.00
Annual Subsistence Fee Standard Process Low 739.00 £99 addit charge where applic Medium 1,111.00 £149 addit charge where applic High 1,672.00 £198 addit charge where applic
Low PVR 1 & 11 108.00 Reduced fee activities 76.00 Vehicle refinishers 218.00 Mobile Screening and Crushing plant 618.00 First and second permits for the 3rd to 7th applications 368.00 for the 8th and subsequent applications 189.00
Med PVR 1 & 11 216.00 Reduced fee activities 151.00 Vehicle refinishers 349.00 Mobile Screening and Crushing plant 989.00 First and second permits for the 3rd to 7th applications 590.00 for the 8th and subsequent applications 302.00
High PVR 1 & 11 326.00 Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £ Reduced fee activities 227.00 Vehicle refinishers 524.00 Mobile Screening and Crushing plant 1484.00 First and second permits for the 3rd to 7th applications 884.00 Awaiting DEFRA for the 8th and subsequent applications 453.00
Process subject to E-PRTR Regs (Extra Chg) 99.00 Option to pay by quarterly instalments (Extra charge) 36.00 Late payment 50.00
Transfer and surrender Transfer 162.00 Partial Transfer 476.00 New operator at low risk reduced fee 75.00 activity Surrender all part B Activties no charge Reduced fee activities- transfer no charge
Page 114 Reduced fee activities: partial transfer 45.00 Temporary transfer for mobiles 51.00 Repeat following enforcement/warning 51.00
Substantial Change s10 & s11 Standard Process 1,005.00 Standard process where the substantive 1,579.00 change results ina new PPC activity Reduced fee activities- transfer 98.00
LA-IPPC Application Fee 3,218.00 Additional fee for operating without 1,137.00 permit Annual Subsistence Low 1,384.00 Med 1,541.00 High 2,233.00 Substantial Variation 1,309.00 Transfer 225.00 Partial Transfer or Surrender 668.00 Late payment 50.00 15,700
RECREATION GROUNDS
White Platts- Ambleside From April 2012 White Platts recreational facilities are to be managed by Lakes Parish Council The Glebe- Bowness
Putting Adult 9 holes per 2 rounds 4.00 Junior 4.00 Mini-Golf Adult 18 holes per round 6.00 Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £ Junior 4.00 Tennis Adult per court,per hour,per person 4.00 Junior 4.00 Crazy Golf Adult per hour 5.00 Junior 4.00 Operation of this Season Tickets Adult for individual activities- summer season 55.00 facility is subject to Junior for individual activities- summer season 45.00 Adult Multi-activity - summer season 65.00 Junior Multi-activity - summer season 50.00 review Adult Tennis - winter season 35.00 Junior Tennis - winter season 25.00
Miscellaneous Lost balls 3.00 Equipment Deposit 10.00
Football pitches Page 115 per season Senior team Pitch Only 275.00 275.00 0.00 275.00 0.00 Pitch & Pavilion 400.00 400.00 0.00 400.00 0.00 Junior team Pitch Only 140.00 140.00 0.00 140.00 0.00 Pitch & Pavilion 260.00 260.00 0.00 260.00 0.00 867
PARKS AND PLAY AREAS
Use of Council owned land Business users
Maximum charge Day 220.00 220.00 0.00 220.00 Maximum charge 0.00 Week 1,100.00 1,100.00 0.00 1,100.00 0.00 Fairs, fun events Day 220.00 220.00 0.00 220.00 Maximum charge 0.00 Week 1,100.00 1,100.00 0.00 1,100.00 0.00 Amateur Band Concerts 100.00 100.00 0.00 100.00 Maximum charge 0.00
Damage re-instatement bond Day 295.00 295.00 0.00 295.00 Maximum charge 0.00 Week 705.00 705.00 0.00 705.00 0.00 Charitable institutions No Charge
Helicopter/Balloons 265.00 220.83 44.17 265.00 Maximum charge 0.00 153 Ceremonial/Commemorative
Bench Seats Picnic bench 1,303.20 1,086.00 217.20 1,303.20 Maximum charge 0.00 Recycled plastic bought 1,303.20 1,086.00 217.20 1,303.20 Maximum charge 0.00 Wooden slats 1,303.20 1,086.00 217.20 1,303.20 Maximum charge 0.00 Refurbish seat 475.20 396.00 79.20 475.20 Minimum charge 0.00 Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £ Plaque 84.60 70.50 14.10 84.60 Small seat plaque 0.00 Base and fixings 372.24 310.20 62.04 372.24 Per seat/bench 0.00 4,080 Trees inc. planting,brass plaque & base Full ceremonial tree planting and plaque (price dependent on tree species 420.00 350.00 70.00 420.00 0.00 and size) Prices start from Ceremonial planting as i. without 300.00 250.00 50.00 300.00 0.00 plaque (price dependent on tree species and size) Prices start from 0 Play Area inspections 12 monthly inspections and report 372.00 320.00 64.00 384.00 3.23 One off inspections 144.00 125.00 25.00 150.00 4.17 1,122 SCAVENGING
Page 116 Collection of litter on council owned Actual cost of Actual cost of Actual cost of 0 land following an official event collection dependent upons manpower required, hours and location.
Homelessness Town View Fields Hostel, Kendal Accommodation Charge 160.57 168.60 0.00 168.60 108,200 5.00 Service Charge 23.66 23.66 0.00 23.66 15,200 0.00 Laundry Tokens 1.00 1.00 0.00 1.00 1,224 0.00
Houses in Multiple Occupation - Initial Licence 330.00 330.00 0.00 330.00 minimum charge 0.00 each additional letting room above 5 rooms (max £500) 25.00 25.00 0.00 25.00 If a landord applies for a licence 0.00 Houses in Multiple Occupation - Renewal of Licence 191.00 191.00 0.00 191.00 each additional letting room above 5 rooms (max £500) 12.50 12.50 0.00 12.50 2,300
Contributions from those in Bed and Breakfast Various Various Various 30,600 Contribution equals non-accommodation accommodation. charge.
Street Furniture
Bench Seats Picnic bench 1,303.20 1,086.00 217.20 1,303.20 Maximum charge 0.00 Recycled plastic bought 1,303.20 1,086.00 217.20 1,303.20 Maximum charge 0.00 Wooden slats 1,303.20 1,086.00 217.20 1,303.20 Maximum charge 0.00 Refurbish seat 475.20 396.00 79.20 475.20 Minimum charge 0.00 Plaque 84.60 70.50 14.10 84.60 Small seat plaque 0.00 Base and fixings 372.24 310.20 62.04 372.24 Per seat/bench 0.00 0 CARAVAN SITE 233,070 Charges set by Caravan and Camping Club Contact Number 0845 130 7633 MARKETS Charges for all street markets Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £ Ulverston Market Hall Various Various 0.00 Various are higher in high season (Apr-Oct) than low season (Nov-March) Ulverston Street Market Stall provided by Stallholders Charge per 0.305 metre frontage (ft) Thursday April - 20th October 1.39 1.39 0.00 1.39 0.00 21st October - March 1.16 1.16 0.00 1.16 0.00
Saturday April - 20th October 1.16 1.16 0.00 1.16 0.00 21st October - March 1.00 1.00 0.00 1.00 0.00 104,703 Kendal Market Hall Various Various 0.00 Various Tables weekday 5.90 5.90 0.00 5.90 0.00 Tables Saturday 4.10 4.10 0.00 4.10 0.00
Kendal Street Market i. Market Place Charge per 0.305 metre frontage (ft) April - 20th October 1.60 1.60 0.00 1.60 0.00 21st October - March 1.16 1.16 0.00 1.16 0.00 Page 117 Commercial hire on non market days 250.00 250.00 0.00 250.00 New Charge 0.00 per additional day 75.00 75.00 0.00 75.00 1 Day 0.00 General hire on non market days 69.60 69.60 0.00 69.60 0.00 per additional day 21.40 21.40 0.00 21.40 1 Day 0.00
ii. Stramongate and New Road Charge per 0.305 metre frontage (ft) April - 20th October 1.16 1.16 0.00 1.16 0.00 21st October - March 0.93 0.93 0.00 0.93 0.00 173,274 Ambleside Market Only from 1st April 2013 N Charge per 0.305 metre frontage (ft) April - 20th October 0.70 0.70 0.00 0.70 0.00 21st October - March 0.58 0.58 0.00 0.58 0.00 PUBLIC HALLS 4,733 Coronation Hall,Ulverston Hourly rate available for rooms at the discretion of the Manager Main Hall Morning or Afternoon sessions 111.00 115.00 0.00 115.00 3.60 Evening Session 127.00 132.00 0.00 132.00 3.94 Evening Extension per hour 70.00 70.00 0.00 70.00 0.00
Performance hires 200.00 210.00 0.00 210.00 5.00 Use of performance space/stage and 47.00 48.50 0.00 48.50 3.19 dressing room
Coffee Mornings (incThursday/Saturday crockery) 112.50 112.50 0.00 112.50 0.00
Riggings for amateur groups using Main Hall for performance (1 day before 1 day after) 85% of full charge 85% of full charge 85% of full charge
Standard Commercial Hire Package 1500.00 1,500.00 0.00 1,500.00 At Manager's discretion 0.00 Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £ for charities and non profit making groups Weddings/Parties Rooms,tables,chairs,set up MH Bar, stewards Standard package 510.00 510.00 0.00 510.00 First Aid PLI 0.00 Enhanced package 825.00 825.00 0.00 825.00 Standard plus table cloths,crockery,cutlery & 0.00 technical support Supper Room Morning or Afternoon Sessions 63.00 65.00 0.00 65.00 3.17 Evening Session 74.00 76.00 0.00 76.00 2.70 Evening Extension per hour 42.00 42.00 0.00 42.00 0.00
Performance hires 125.00 130.00 0.00 130.00 4.00
Coffee Morning Thursday/Saturday 72.50 72.50 0.00 72.50 0.00
Ante Room Morning or Afternoon Session 23.00 24.00 0.00 24.00 4.35 Evening Session 29.00 30.00 0.00 30.00 3.45
Additional chargesBank Holidays 30% additional charge 30% additional charge 30% additional charge
Page 118 Business Rate 50% additional charge 50% additional charge 50% additional charge Charity Rate 20% Less 20% Less 20% Less Additional cleaning Actual cost plus 20% Actual cost plus 20% Actual cost plus 20%
Kitchen Full use per hour 10.00 10.00 0.00 10.00 0.00 Preparation/serving use per session 10.00 10.00 0.00 10.00 0.00
Foyer Area per session 28.00 28.00 0.00 28.00 0.00 65,076 Refreshments Tea/Coffee served with biscuit 1.00 0.83 0.17 1.00 -0.40 Flask of Coffee (for up to 10 people) 10.00 8.33 1.67 10.00 -0.04 2,244 Additional ChargesFirst aid cover by St. John's Ambulance Actual cost Actual cost Actual cost Stewards Actual cost plus 20% Actual cost plus 20% Actual cost plus 20% Registered door staff Actual cost plus 20% Actual cost plus 20% Actual cost plus 20% 0 Stage Lighting per day 70.00 62.50 12.50 75.00 Some charges included in Room Hire 7.14 Supper Room lighting 37.00 30.83 6.17 37.00 -0.01 Sound P A System - hall 70.00 60.42 12.08 72.50 3.58 Portable sound system -supper room 37.00 30.83 6.17 37.00 -0.01 Hire of crockery/cutlery- per day 21.00 17.50 3.50 21.00 0.00 Hire of tablecloths 35.00 29.17 5.83 35.00 0.01 Erection of Steel Decking per piece 4.75 4.17 0.83 5.00 5.35 Erection of Catwalk 85.00 70.83 14.17 85.00 0.00 Use of TV/Video 0.00 0.00 0.00 0.00 Use of data projector 35.00 29.17 5.83 35.00 0.01 Use of overhead projector 0.00 0.00 0.00 0.00 7,000 Public Liability Insurance 16% of room hire 16% of room hire 16% of room hire 1530 (+5% insurance tax) (+5% insurance tax) (+5% insurance tax)
Use of Indoor Bowlingper hour,per Mats green Adult 7.00 5.83 1.17 7.00 -0.06 Jnr/Senior Citizen 6.00 5.00 1.00 6.00 0.00 867 Advertising Costs Full Page Within Coro brochure 190.00 158.33 31.67 190.00 0.00 Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £ Half Page 110.00 91.67 18.33 110.00 0.00 Screen on Powerpoint 0.00 0.00 0.00 0.00 No longer available Display Advertising A4 size 30.00 25.00 5.00 30.00 Inclusive of Vat 0.00 10,000 Accommodation Booking Fee 10% of full stay 10% of full stay 10% of full stay 100 B & B charge plus booking fee plus booking fee plus booking fee
Ticket Sales - Commission 7.5-10% comm 7.5-10% comm 7.5-10% comm 16000 Inclusive of Vat
Kendal Town Hall Hourly rate available for rooms at the discretion of the Manager Assembly Room Morning or Afternoon session 71.50 71.50 0.00 71.50 0.00 Concert rate 110.00 110.00 0.00 110.00 0.00 Evening session (18.00-22.00) 90.00 90.00 0.00 90.00 0.00 Evening session (22.00-23.00) 40.00 40.00 0.00 40.00 0.00 Concert rate 115.00 115.00 0.00 115.00 0.00 Concert rate (22.00-23.00) 350.00 350.00 0.00 350.00 0.00 Coffee Morning (8.30-12.30) 58.00 58.00 0.00 58.00 0.00 Page 119
Bindloss Room Morning or Afternoon session 32.00 32.00 0.00 32.00 0.00 Evening session (18.00-22.00) 37.00 37.00 0.00 37.00 0.00 Evening session (22.00-23.00) 24.00 24.00 0.00 24.00 0.00 Coffee Morning (8.30-12.30) 31.00 31.00 0.00 31.00 0.00
Town Council, Council Chamber Morning or Afternoon session 32.00 32.00 0.00 32.00 0.00 Evening session (18.00-22.00) 37.00 37.00 0.00 37.00 0.00 Evening session (22.00-23.00) 24.00 24.00 0.00 24.00 0.00
Georgian Room Morning or Afternoon session 32.00 32.00 0.00 32.00 0.00 Evening session (18.00-22.00) 37.00 37.00 0.00 37.00 0.00 Evening session (22.00-23.00) 24.00 24.00 0.00 24.00 0.00
Kent Room Morning or Afternoon session 24.00 24.00 0.00 24.00 0.00 Evening session (18.00-22.00) 29.00 29.00 0.00 29.00 0.00 Evening session (22.00-23.00) 17.00 17.00 0.00 17.00 0.00
Additional Charges Sunday/Bank Holidays 30% Additional 30% Additional 30% Additional Business Rate Same % incr as general Same % incr as general Same % incr as general Charity Rate Same % incr as general Same % incr as general Same % incr as general
Public Liability Insurance 16% additional charge 16% additional charge 16% additional charge of room hire of room hire of room hire Equipment hire outside the hall Go-pak table 2'x3' (each) 2.00 1.67 0.33 2.00 0.00 Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £ Go-pak table 2'x6' (each) 4.00 3.33 0.67 4.00 0.00 Plastic 'Samsung' stacking chairs (each) 1.25 1.04 0.21 1.25 0.00 42,000 Refreshments Fair trade tea & coffee, biscuits per 10 cup flask 12.00 10.00 2.00 12.00 0.00 Orange/Apple juice per jug 8.40 7.00 1.40 8.40 0.00 Hot water and sachets 5.00 5.00 0.00 5.00 0.00 7,650
Equipment hire Upright Piano 14.50 12.08 2.42 14.50 0.00 Tuning/Re-positioning Actual cost plus 20% Actual cost plus 20% Actual cost plus 20% Lighting & Equipment only 35.00 29.17 5.83 35.00 0.00 P.A. system (Assembly room only) 30.00 25.00 5.00 30.00 0.00 Portable P A system 17.00 14.17 2.83 17.00 0.00 CD sound system (Assembly room only) 30.00 25.00 5.00 30.00 0.00
Page 120 Stage Extension use 21.50 17.92 3.58 21.50 0.00 TV/Video Player 14.00 11.67 2.33 14.00 0.00 Overhead projector & screen 14.00 11.67 2.33 14.00 0.00 Flip chart stand 10.00 8.33 1.67 10.00 0.00 Additional use of kitchen 30.00 25.00 5.00 30.00 0.00 Bar 60.00 50.00 10.00 60.00 0.00 Tablecloths 4.00 3.33 0.67 4.00 0.00 Crockery with room hire 11.50 9.58 1.92 11.50 0.00
Banner -Erection & Dismantling by 150.00 125.00 25.00 150.00 0.00 caretakers 3,366
PERFORMING RIGHTS SOCIETY CHARGES
Kendal Town Hall Assembly Room Concerts At Managers discretion or as levied to SLDC Profit making organisations by PRS - Popular music 3% on gross 3% on gross 3% on gross ticket sales ticket sales ticket sales - Variety shows 2% on gross 2% on gross 2% on gross ticket sales ticket sales ticket sales - Classical music 4.8% on gross 4.8% on gross 4.8% on gross ticket sales ticket sales ticket sales
Other activities Non-profit making organ 10.00 8.33 1.67 10.00 0.00 Profit making organisations As levied by PRS As levied by PRS As levied by PRS 765
Coronation Hall Main Hall Concerts Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £ Profit making organisations - Popular music 3% on gross 3% on gross 3% on gross ticket sales ticket sales ticket sales - Variety shows 2% on gross 2% on gross 2% on gross ticket sales ticket sales ticket sales - Classical music 4.8% on gross 4.8% on gross 4.8% on gross ticket sales ticket sales ticket sales Other Activities Non-profit making 10.00 8.33 1.67 10.00 At Managers discretion or as levied to SLDC 0.00 Profit making various tariffs various tariffs various tariffs As levied to SLDC by PRS 2,700 LAKE WINDERMERE TBC By Lake Admin Com 14/12/12 NB: All the fees for Lake Windermere are being considered in a separate report to the Lake Administration committee 14/12/2012. Any changes to fees and charges will be fed into subsequent versions of this appendix. Permanent Mooring Charges per annum . Inclusive of VAT
Page 121 (3rd Party insurance compulsory) Open deck yachts moored annually 670.00 558.33 111.67 670.00 All non-commercial mooring licensee 0.00 All other crafts,overall length up to max of 11m (per 1.0m) 120.00 100.00 20.00 120.00 entitled to limited free use of slipway 0.00 Minimum charge for all other crafts as above 520.00 433.33 86.67 520.00 tractor,mast hoist and showers. 0.00
Annual Fee Mooring with no boat attached 520.00 433.33 86.67 520.00 0.00 Commercial all sizes 1320.00 1,100.00 220.00 1320.00 0.00 up to max of 11m (36ft) Commercial service moorings (all sizes) 1150.00 958.33 191.67 1150.00 0.00 Local resident discount (Subject to being on SLDC electoral 175.00 145.83 29.17 175.00 0.00 register, pro-rata as year progresses) 510,000
Holiday Moorings and Berths (April- October) (3rd Party insurance compulsory) Per night mooring excluding launch 13.00 10.83 2.17 13.00 0.00 Off season block bookings 265.00 220.83 44.17 265.00 0.00 (1st November -31st March) Jetty berth per night -mooring holder 13.00 10.83 2.17 13.00 No charge to mooring holders during period 0.00 1st September- 31st March Jetty berth per night - non mooring holder 35.00 29.17 5.83 35.00 0.00 10,190 Daily Slipway Charges Inclusive of Vat Does not include car & trailer parking. Motorised craft 12.50 10.42 2.08 12.50 0.00 All craft up to 11m (36ft) Local discount 25% Local discount 25% Local discount 25% Sale of block of 10 launching tickets Non-local discount 10% Non-local discount 10% Non-local discount 10%
Non-motorised craft Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £ Windsurfers, canoes and untrailered No charge No charge No charge Ferry Nab only dinghies Waterhead SlipwayAll craft up to 6m with max 5hp 3.00 2.50 0.50 3.00 Watehead- up to 6m overall length of 0.00 11,180 craft and max 5 hp.
Encroachments
Private Jetties, piers, quays, wharfs, catwalks, 20.00 20.00 0.00 20.00 0.00 boathouses and wet docks Chargeable per square metre New Charge
Commercial Jetties, piers, quays, wharfs, catwalks, 40.00 40.00 0.00 40.00 0.00 boathouses and wet docks New Charge Chargeable per square metre
Slipways Private per linear Metre 15.00 15.00 0.00 15.00 0.00
Page 122 Commercial per linear metre 30.00 30.00 0.00 30.00 0.00
Mooring Posts Private 5.00 5.00 0.00 5.00 0.00 Commercial 10.00 10.00 0.00 10.00 0.00 New charge Fences and walls Per Linear metre in length Private 15.00 15.00 0.00 15.00 0.00 Per Linear metre in length Commercial 30.00 30.00 0.00 30.00 0.00 Railway lines - per pair Private 53.00 53.00 0.00 53.00 0.00 Railway lines - per pair Commercial 106.00 106.00 0.00 106.00 0.00
Cables - each Private 53.00 53.00 0.00 53.00 0.00 Cables - each Commercial 106.00 106.00 0.00 106.00 0.00
Trot mooring chain- per 0.304m 4.00 4.00 0.00 4.00 0.00 Trot mooring 495.00 495.00 0.00 495.00 0.00 Administration charge 175.00 145.83 29.17 175.00 0.00 393,740
Storage of Boats Max of 2 weeks at any one time Annual Storage of Boats Mooring licences (tenders) 105.00 87.50 17.50 105.00 Excludes launching fee 0.00 per annum (in racks)
Trailered sailing dinghy 290.00 241.67 48.33 290.00 Slipping and tractor not included 0.00 per max 5.5m (18ft) per year
Catamarans 350.00 291.67 58.33 350.00 0.00
Holiday Boat Storage (Apr-Oct) Trailered sailing dinghy 10.00 8.33 1.67 10.00 0.00 per max 5.5m (18ft) per night Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £
Powered Craft and Catamarans 20.00 16.67 3.33 20.00 0.00 (Max L.O.A. 5.5m- Min 3rd Party Ins)
Ferry Nab Winter Storage (Nov-March) 35.00 29.17 5.83 35.00 0.00 per metre Trailer parking per month 30.00 25.00 5.00 30.00 0.00 66,200 Licence Fee Row boats/windsurfers and sailing dinghies 20.00 20.00 0.00 20.00 0.00 All other craft: Up to 6.09 metres 35.00 35.00 0.00 35.00 Inclusive of VAT 0.00 Over 6.09 mtrs & up to 9.14 metres 50.00 50.00 0.00 50.00 0.00 Over 9.14 metres 80.00 80.00 0.00 80.00 0.00 Boatmen/Shoremen - 6 years 175.00 175.00 0.00 175.00 0.00 Boatmen/Shoremen - 1 year 65.00 65.00 0.00 65.00 0.00 Retest fee per hour 65.00 65.00 0.00 65.00 0.00 14,000 Page 123 Other Tractor per half hour 35.00 29.17 5.83 35.00 0.00 Mast Hoist per use 35.00 29.17 5.83 35.00 0.00 Warden Boat hire None Emergency 190.00 158.33 31.67 190.00 0.00 per hour Towing per half hour 190.00 158.33 31.67 190.00 0.00 Pressure washer 35.00 29.17 5.83 35.00 1st April-31st March 0.00 2,022 Maps laminated 4.00 4.00 0.00 4.00 0.00 Registration number boards 15.00 12.50 2.50 15.00 0.00 5,610 Mooring holder & storage client Car parking first 24 hrs As per Ferry Nab Multi Tariff As per Ferry Nab Multi Tariff concurrent 24 hrs As per Ferry Nab Multi Tariff As per Ferry Nab Multi Tariff
Parking Permit 145.00 120.83 24.17 145.00 0.00 Car & trailer parking all day when launching 12.50 10.42 2.08 12.50 0.00 32,520 Sewage Pump out SLDC Mooring Holders 1 Credit 2.00 2.00 10 Credits 15.00 15.00 Non SLDC Mooring Holders 1 Credit 4.00 4.00 10 Credits 35.00 35.00 Showers 1.00 0.83 0.17 1.00 0.00 291,846 CAR PARK FEES & CHARGES (Initial proposals)
AMBLESIDE King St Note increase to 2000 at full tarrif Short Stay up to 1 hour 1.50 1.25 0.25 1.50 0.00 Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £ up to 2 hours 3.00 2.50 0.50 3.00 0.00 up to 3 hours 4.00 3.33 0.67 4.00 0.00 up to 4 hours 5.00 4.17 0.83 5.00 0.00 1800-0800 Overnight 1.00
Low Fold; Lake Rd; Miller Bridge Multi-Tariff Rydal Rd Note increase to 2000 at full tarrif up to 1 hour 1.50 1.25 0.25 1.50 0.00 up to 2 hours 3.00 2.50 0.50 3.00 0.00 up to 3 hours 4.00 3.33 0.67 4.00 0.00 up to 4 hours 5.00 4.17 0.83 5.00 0.00 up to 6 hours 6.00 5.00 1.00 6.00 0.00 all day 7.00 5.83 1.17 7.00 0.00 1800-0800 Overnight 1.00 543,048 BOWNESS Quarry Mount Note increase to 2000 at full tarrif Short Stay up to 1 hour 1.50 1.25 0.25 1.50 0.00
Page 124 up to 2 hours 3.00 2.50 0.50 3.00 0.00 up to 3 hours 4.00 3.33 0.67 4.00 0.00 up to 4 hours 5.00 4.17 0.83 5.00 0.00 1800-0800 Overnight 1.00
Rayrigg Rd Note increase to 2000 at full tarrif Long Stay up to 1 hour 1.50 1.25 0.25 1.50 0.00 up to 2 hours 3.00 2.50 0.50 3.00 0.00 up to 3 hours 4.00 3.33 0.67 4.00 0.00 up to 4 hours 5.00 4.17 0.83 5.00 0.00 up to 6 hours 6.00 5.00 1.00 6.00 0.00 all day 7.00 5.83 1.17 7.00 0.00 1800-0800 Overnight 1.00
Braithwaite FoldNote increase to 2000 at full tarrif up to 3 hours 4.00 3.33 0.67 4.00 0.00 up to 4 hours 5.00 4.17 0.83 5.00 0.00 up to 6 hours 6.00 5.00 1.00 6.00 0.00 all day 7.00 5.83 1.17 7.00 0.00 2000-0800 Overnight 1.00
Glebe Rd Note increase to 2000 at full tarrif up to 3 hours 4.00 3.33 0.67 4.00 0.00 up to 4 hours 5.00 4.17 0.83 5.00 0.00 up to 6 hours 6.00 5.00 1.00 6.00 0.00 all day 7.00 5.83 1.17 7.00 0.00 1800-0800 Overnight 1.00
Ferry Nab up to 1 hour 1.50 1.25 0.25 1.50 0.00 up to 2 hours 3.00 2.50 0.50 3.00 0.00 up to 3 hours 4.00 3.33 0.67 4.00 0.00 up to 4 hours 5.00 4.17 0.83 5.00 0.00 up to 6 hours 6.00 5.00 1.00 6.00 0.00 Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £ up to 10 hours 7.00 5.83 1.17 7.00 0.00 all day 8.00 6.67 1.33 8.00 0.00 with trailer all day 10.00 8.33 1.67 10.00 0.00 2100-0800 Overnight 1.00
GRANGE Berners Close; Hampsfell Rd Multi-Tariff Main St; Windermere Rd; 0800/1800 up to 1 hour 1.20 1.00 0.20 1.20 0.00 up to 2 hours 2.20 1.83 0.37 2.20 0.00 up to 3 hours 3.20 2.67 0.53 3.20 0.00 up to 4 hours 3.90 3.25 0.65 3.90 0.00 up to 6 hours 5.00 4.17 0.83 5.00 0.00 all day 6.00 5.00 1.00 6.00 0.00 1800-0800 Overnight 1.00
Kents Bank Rd up to 1/2 hr 0.20 0.17 0.03 0.20 up to 1 hour 1.20 1.00 0.20 1.20 up to 2 hours 2.20 1.83 0.37 2.20 Page 125 up to 3 hours 3.20 2.67 0.53 3.20 up to 4 hours 3.90 3.25 0.65 3.90 up to 6 hours 5.00 4.17 0.83 5.00 all day 6.00 5.00 1.00 6.00 1800-0800 Overnight 1.00 161,242 GRASMERE Red Bank Rd Note increase to 2000 at full tarrif Multi-Tariff up to 1 hour 1.50 1.25 0.25 1.50 0.00 up to 2 hours 3.00 2.50 0.50 3.00 0.00 up to 3 hours 4.00 3.33 0.67 4.00 0.00 up to 4 hours 5.00 4.17 0.83 5.00 0.00 up to 6 hours 6.00 5.00 1.00 6.00 0.00 all day 7.00 5.83 1.17 7.00 0.00 1800-0800 Overnight 1.00 125,664 KENDAL Dowker Lane; Peppercorn Lane; Short Stay Booths up to 1 hour 1.20 1.00 0.20 1.20 0.00 up to 2 hours 2.20 1.83 0.37 2.20 0.00 up to 3 hours 3.20 2.67 0.53 3.20 0.00 up to 4 hours 3.90 3.25 0.65 3.90 0.00 1800-0800 Overnight 1.00
Long Stay Highgate (Bowman) up to 1 hour 1.20 1.00 0.20 1.20 0.00 up to 2 hours 2.20 1.83 0.37 2.20 0.00 up to 3 hours 3.20 2.67 0.53 3.20 0.00 up to 4 hours 3.90 3.25 0.65 3.90 0.00 up to 6 hours 5.00 4.17 0.83 5.00 0.00 all day 6.00 5.00 1.00 6.00 0.00 1800-0800 Overnight 1.00 Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £ Library Rd up to 3 hours 3.20 2.67 0.53 3.20 0.00 up to 4 hours 3.90 3.25 0.65 3.90 0.00 up to 6 hours 5.00 4.17 0.83 5.00 0.00 all day 6.00 5.00 1.00 6.00 0.00 1800-0800 Overnight 1.00
Multi-Tariff Westmorland Shopping Centre up to 1 hour 1.20 1.00 0.20 1.20 0.00 up to 2 hours 2.20 1.83 0.37 2.20 0.00 up to 3 hours 3.20 2.67 0.53 3.20 0.00 up to 4 hours 3.90 3.25 0.65 3.90 0.00 up to 6 hours 5.00 4.17 0.83 5.00 0.00 all day 6.00 5.00 1.00 6.00 0.00 1900-0700 Overnight 1.00
Blackhall Road;Sandes Avenue; Kendal Parish
Page 126 Church; South Lakeland House up to 1 hour 1.20 1.00 0.20 1.20 0.00 up to 2 hours 2.20 1.83 0.37 2.20 0.00 up to 3 hours 3.20 2.67 0.53 3.20 0.00 up to 4 hours 3.90 3.25 0.65 3.90 0.00 up to 6 hours 5.00 4.17 0.83 5.00 0.00 all day 6.00 5.00 1.00 6.00 0.00 1800-0800 Overnight 1.00 1,086,912 KIRKBY LONSDALEMarket Square; Short Stay Booths Supermarket up to 1 hour 1.20 1.00 0.20 1.20 0.00 up to 2 hours 2.20 1.83 0.37 2.20 0.00 up to 3 hours 3.20 2.67 0.00 3.20 0.00 up to 4 hours 3.90 3.25 0.65 3.90 0.00 1800-0800 Overnight 1.00 New Rd. No.2: New Rd No.1. Multi-Tariff up to 1 hour 1.20 1.00 0.20 1.20 0.00 up to 2 hours 2.20 1.83 0.37 2.20 0.00 up to 3 hours 3.20 2.67 0.53 3.20 0.00 up to 4 hours 3.90 3.25 0.65 3.90 0.00 up to 6 hours 5.00 4.17 0.83 5.00 0.00 all day 6.00 5.00 1.00 6.00 0.00 1800-0800 Overnight 1.00
MILNTHORPE Beetham Rd; Park Rd Multi-Tariff up to 1 hour 1.20 1.00 0.20 1.20 0.00 up to 2 hours 2.20 1.83 0.37 2.20 0.00 up to 3 hours 3.20 2.67 0.53 3.20 0.00 up to 4 hours 3.90 3.25 0.65 3.90 0.00 up to 6 hours 5.00 4.17 0.83 5.00 0.00 all day 6.00 5.00 1.00 6.00 0.00 1800-0800 Overnight 1.00 Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £ SEDBERGH Joss Lane Multi-Tariff Now run by Sedbergh Parish Council
215,118 ULVERSTON Stockbridge Lane up to 1 hour 0.20 0.17 0.03 0.20 up to 2 hours 0.40 0.33 0.07 0.40 up to 3 hours 0.60 0.50 0.10 0.60 up to 4 hours 0.80 0.67 0.13 0.80 all day 1.00 0.83 0.17 1.00
Brewery St; Multi-Tariff Buxton Place; Daltongate; Theatre St; The Gill up to 1 hour 1.20 1.00 0.20 1.20 0.00 up to 2 hours 2.20 1.83 0.37 2.20 0.00 up to 3 hours 3.20 2.67 0.53 3.20 0.00 up to 4 hours 3.90 3.25 0.65 3.90 0.00 Page 127 up to 6 hours 5.00 4.17 0.83 5.00 0.00 all day 6.00 5.00 1.00 6.00 0.00 1800-0800 Overnight 1.00 282,438 WINDERMERE Broad St; Rayrigg Meadow Multi-Tariff up to 1 hour Note increase to 2000 at full tarrif 1.50 1.25 0.25 1.50 0.00 up to 2 hours 3.00 2.50 0.50 3.00 0.00 up to 3 hours 4.00 3.33 0.67 4.00 0.00 up to 4 hours 5.00 4.17 0.83 5.00 0.00 up to 6 hours 6.00 5.00 1.00 6.00 0.00 all day 7.00 5.83 1.17 7.00 0.00 1800-0800 Overnight 1.00 1,062,432
PERMITS New 7 day Tourist Permit 29.17 5.83 35.00 Excludes Westmorland Shopping Centre, Annual Permits (exc WSC) 350.00 291.67 58.33 350.00 Booths, Parish Church and Millerbridge 0.00 Annual Permits (inc WSC) 380.00 316.67 63.33 380.00 0.00 Transferrable (exc WSC) 400.00 333.33 66.67 400.00 0.00 Transferrable (inc WSC) 430.00 358.33 71.67 430.00 0.00 Business (exc WSC) 480.00 400.00 80.00 480.00 0.00 Business (inc WSC) 510.00 425.00 85.00 510.00 0.00 A rated vehicles receive 50.00 41.67 8.33 50.00 0.00 discount Evening Car Park Permit for specific car park 50.00 41.67 8.33 50.00 New Charge 327,114 Contract Spaces (single) 650.00 541.67 108.33 650.00 0.00 Low Fellside Contract Spaces (double) 1300.00 1,083.33 216.67 1300.00 0.00 Low Fellside Contract Spaces (single) 430.00 358.33 71.67 430.00 0.00 Appendix 6
DETAILS GROSS CHARGE NET GROSS DRAFT BUDGET
2012/13 CHARGE 2013/14 VAT CHARGE 2013/14 2013/14 COMMENTS % INCREASE NEIGHBOURHOOD SERVICES £ £ £ £ £ Highgate Contract Spaces (single) 650.00 541.67 108.33 650.00 0.00 Bowman 12,546 Replacement/Resident/ 10.00 8.33 1.67 10.00 0.00 Visitor permit Penalty Charge Notice (50% reduction if paid within 14 days) Higher level 70.00 58.33 11.67 70.00 0.00 Lower level 50.00 41.67 8.33 50.00 0.00 199,690
Notes: - Parking of Lorries is permitted at Rothay Holme, at the tariffs shown. - Parking of Coaches is permitted at Low Fold, Rothay Holme, Braithwaite Fold, Windermere Rd and Berners Close at the tariffs shown - all charges are inclusive of VAT (VAT code V) Page 128 Appendix 6 DETAILS GROSS CHARGE NET GROSS 2012/13 CHARGE VAT CHARGE BUDGET COMMENTS % INCREASE 2013/14 2013/14 2013/14 POLICY & PERFORMANCE £ £ £ £ £
REGISTER OF ELECTORS
Full and Edited Registers In data form - initial fee 20.00 20.00 0.00 20.00 80 Statutory charge - no change 0.00 per 1000 entries (or part thereof) 1.50 1.50 0.00 1.50 504 Statutory charge - no change 0.00 In printed form - initial fee 10.00 10.00 0.00 10.00 0 Statutory charge - no change 0.00 per 1000 entries (or part thereof) 5.00 5.00 0.00 5.00 0 Statutory charge - no change 0.00
Monthly Updates to the Register In data form - initial fee 20.00 20.00 0.00 20.00 720 Statutory charge - no change 0.00 per 1000 entries (or part thereof) 1.50 1.50 0.00 1.50 54 Statutory charge - no change 0.00 In printed form - initial fee 10.00 10.00 0.00 10.00 0 Statutory charge - no change 0.00 per 1000 entries (or part thereof) 5.00 5.00 0.00 5.00 0 Statutory charge - no change 0.00
Marked Register from Elections In data form - initial fee 10.00 10.00 0.00 10.00 20 Statutory charge - no change 0.00 per 1000 entries (or part thereof) 1.00 1.00 0.00 1.00 32 Statutory charge - no change 0.00 In printed form - initial fee 10.00 10.00 0.00 10.00 10 Statutory charge - no change 0.00 per 1000 entries (or part thereof) 2.00 2.00 0.00 2.00 80 Statutory charge - no change 0.00 1,500 Page 129
The Access to Information Charging Policy is on the Council’s website; http://www.southlakeland.gov.uk/services/council-and-democracy/policies-and-plans/freedom-of-information.aspx Appendix 6
DETAILS GROSS CHARGE NET GROSS 2012/13 CHARGE VAT CHARGE BUDGET COMMENTS % INCREASE 2013/14 2013/14 2013/14 RESOURCES £ £ £ £ £
COURT COSTS FOR NNDR AND COUNCIL TAX SUMMONSES
Council Tax Summonses (Liability Order) Increased 01.04.2008 South Lakeland Court 63.00 63.00 0.00 63.00 0 Includes costs payable to Clerk of Magistrates 0.00 Furness & District Court 63.00 63.00 0.00 63.00 0 0.00
Committal Warrants Increased 01.04.2010 (Magistrates Court Fees order Application for issue of a warrant 240.00 0.00 240.00 0.00 240.00 0 2009) Application for an arrest warrant - with bail 75.00 75.00 0.00 75.00 0 0.00 Application for an arrest warrant - without bail 105.00 105.00 0.00 105.00 0 0.00 130000 NNDR Summonses (Liability Order) South Lakeland Court 63.00 63.00 0.00 63.00 0 0.00 Furness & District Court 63.00 63.00 0.00 63.00 0 0.00 15,708
Page 130 MISCELLANEOUS
Statement of Accounts per copy 5.00 0.00 0.00 0.00 0 Free on website N/A Appendix 6
DETAILS GROSS CHARGE NET GROSS 2012/13 CHARGE VAT CHARGE BUDGET COMMENTS % INCREASE 2013/14 2013/14 2013/14 STRATEGIC PLANNING £ £ £ £ £
Government prescibed fees implemented 6th April 2008 PLANNING APPLICATION FEES Following an internal review of planning service charges, the Council are considering the introduction of charges for some planning related services which are not covered by the statutory planning application fees.
OPERATIONS
The erection of dwelling houses (other than development within category 6)
Where the application is for outline planning permission
Each 0.1 hectare of site area 335.00 maximum of £8,285 0.00 335.00 0.00 335.00 0
Page 131 If site area is greater than 2.5 hectares; for first 2.5 hectares 8,285.00 8,285.00 0.00 8,285.00 0 0.00 for each additional 0.1 hectare 100.00 100.00 0.00 100.00 0 maximum of £125,000 0.00
Full planning permission For each dwelling house to be created by the development. 335.00 335.00 0.00 335.00 0 maximum of £16,565 0.00
If more than 50 dwellings; for first 50 dwellings 16,565 16,565.00 0.00 16,565.00 0 0.00 each additional dwelling 100.00 100.00 0.00 100.00 0 maximum of £250,000 0.00
The erection of buildings (other than dwelling houses and buildings coming within categories 1,3,4,5 or 7)
Where the application is for outline planning permission.
Each 0.1 hectare of site area 335.00 335.00 0.00 335.00 0 maximum of £8,285 0.00
If site area is greater than 2.5 hectares; for first 2.5 hectares 8,285.00 8,285.00 0.00 8,285.00 0 0.00 for each additional 0.1 hectare 100.00 100.00 0.00 100.00 0 maximum of £125,000 0.00
Full planning permission
Where no floor space is to be created by the development 170.00 170.00 0.00 170.00 0 0.00
Where the area of gross floor space to be created by the development 170.00 0.00 does not exceed 40 sq. metres. 170.00 0.00 170.00 0 Appendix 6
DETAILS GROSS CHARGE NET GROSS 2012/13 CHARGE VAT CHARGE BUDGET COMMENTS % INCREASE 2013/14 2013/14 2013/14 STRATEGIC PLANNING £ £ £ £ £
Where the area of gross floor space to be created by the development 335.00 0.00 exceeds 40sq metres but does not exceed 75 sq metres 335.00 0.00 335.00 0
Where the area of gross floor space to be created by the development exceeds 75 sq. metres, but does not exceed 3750 sq metres (per 75 335.00 0.00 sq metres) 335.00 0.00 335.00 0
Floor area over 3750 sq metres; for first 3750 sq metres 16,565 16,565.00 0.00 16,565.00 0 0.00 for each additional 75 sq metres 100.00 100.00 0.00 100.00 0 maximum of £250,000 0.00
The erection on land used for the purposes of agriculture, of buildings (other than glass houses to be used for agricultural purposes) Page 132
Where the application is for outline planning permission
Each 0.1 hectare of site area 335.00 335.00 0.00 335.00 0 maximum of £8,285 0.00
If site area is greater than 2.5 hectares; for first 2.5 hectares 8,285.00 8,285.00 0.00 8,285.00 0 0.00 for each additional 0.1 hectare 100.00 100.00 0.00 100.00 0 maximum of £125,000 0.00
Full planning permission
Where the area of gross floor space to be created by the development 70.00 0.00 does not exceed 465 sq. metres. 70.00 0.00 70.00 0
PLANNING APPLICATION FEES
Where the area of gross floor space to be created by the development 335.00 0.00 does exceed 465sq. Metres but does not exceed 540 sq metres. 335.00 0.00 335.00 0
Where the area of gross floor space to be created by the development exceeds 540 sq. metres but does not exceed 4,215 sq. metres;
For the first 540sq. Metres 335.00 335.00 0.00 335.00 0 0.00 each additional 75 sq metres 335.00 335.00 0.00 335.00 0 0.00
Floor area over 4,215 sq metres; first 4,215 sq metres 16,565 16,565.00 0.00 16,565.00 0 0.00 each additional 75 sq metres 100 100.00 0.00 100.00 0 maximum of £250,000 0.00
The erection of glasshouses on land used for purposes of agriculture Appendix 6
DETAILS GROSS CHARGE NET GROSS 2012/13 CHARGE VAT CHARGE BUDGET COMMENTS % INCREASE 2013/14 2013/14 2013/14 STRATEGIC PLANNING £ £ £ £ £ Where the area of gross floor space to be created by the development 70.00 0.00 does not exceed 465 sq. metres. 70.00 0.00 70.00 0
Where the area of gross floor space to be created by the development 1,870.00 0.00 does exceed 465 sq. metres. 1,870.00 0.00 1,870.00 0
The erection, alteration or replacement of plant or machinery
Each 0.1 hectare of site area 335.00 335.00 0.00 335.00 0 0.00 if the site area is more than 5 hectares; for the first 5 hectares 16,565 16,565.00 0.00 16,565.00 0 0.00 each additional 0.1 hectare 100.00 100.00 0.00 100.00 0 maximum of £250,000 0.00
The enlargement, improvement or other alteration of existing dwelling houses
Where the application relates to one dwelling house 150.00 150.00 0.00 150.00 0 0.00 Page 133
Where the application relates to two or more dwelling houses 295.00 295.00 0.00 295.00 0 0.00
The carrying out of operations (including the erection of a building) within the curtilage of an existing dwelling house for purposes ancillary to the enjoyment of the dwelling house as 150.00 150.00 0.00 150.00 0 0.00 such, or the erection or construction of gates, fences, walls or other means of enclosure along a boundary of the curtilage of an existing dwelling house.
Installation of Satellite Dishes 150.00 150.00 0.00 150.00 0 0.00
OPERATIONS
The construction of car parks, service roads and other means of access on land used for the purposes of a single undertaking where the 170.00 170.00 0.00 170.00 0 0.00 development is required for a purpose incidental to the existing use of the land.
The carrying out of any operations connected with exploratory drilling for oil or natural gas.
Each 0.1 hectare of site area 335.00 335.00 0.00 335.00 0 0.00 If the site area is greater than 7.5 hectares; for first 7.5 hectares 25,000 25,000.00 0.00 25,000.00 0 0.00 each additional 0.1 hectare 100.00 100.00 0.00 100.00 0 maximum of £250,000 0.00
The carrying out of operations not coming within any of the above categories. Appendix 6
DETAILS GROSS CHARGE NET GROSS 2012/13 CHARGE VAT CHARGE BUDGET COMMENTS % INCREASE 2013/14 2013/14 2013/14 STRATEGIC PLANNING £ £ £ £ £ Each 0.1 hectare of site area 170.00 170.00 0.00 170.00 0 maximum of £250,000 0.00
Engineering Operations (excavations,earth movements and mineral operations, disposal of refuse or waste minerals and open storage)
Each 0.1 hectare of site area 170.00 170.00 0.00 170.00 0 maximum of £25,315 0.00
If the site is greater than 15 hectares; for the first 15 hectares 25,315 25,315.00 0.00 25,315.00 0 0.00 each additional 0.1 hectare 100.00 100.00 0.00 100.00 0 maximum of £65,000 0.00
The change of use of a building to use as one or more separate dwelling houses.
Page 134 Where the change is from a previous use as a single dwelling house to 335.00 335.00 0.00 335.00 0 0.00 use as two or more single dwelling houses.
For each additional dwelling house to be created by the development 335.00 0 maximum of £16,565 0.00 335.00 0.00 335.00
If creating more than 50 dwellings; for first 50 dwellings 16,565 16,565.00 0.00 16,565.00 0 0.00
For each additional dwelling house to be created by the development. 100.00 0 maximum of £16,565 0.00 100.00 0.00 100.00
The making of a material change in the use of a building or land (other than a material change of use coming within any of the above 335.00 335.00 0.00 335.00 0 0.00 categories).
PLANNING APPLICATION FEES EXEMPTIONS - CONCESSIONARY FEES
Applications for alterations to a dwelling house for the benefit of a disabled person and alterations to a public building for the sole No charge No charge purpose of providing means of access for disabled persons
Applications required by reasons of an Article 4 Directive No charge No charge
Applications required because of the removal of permitted development rights by a condition attached to a planning No charge No charge permission Appendix 6
DETAILS GROSS CHARGE NET GROSS 2012/13 CHARGE VAT CHARGE BUDGET COMMENTS % INCREASE 2013/14 2013/14 2013/14 STRATEGIC PLANNING £ £ £ £ £
Applications relating to a change of use from a purpose of one of the classes specified in the Use Classes Order to another purpose No charge No charge in the same class because the change is prohibited by a condition imposed on a previous planning permission.
Some submissions and modified re-submissions from the same applicant within 12 months of the previous approval, for the same No charge No charge site.
Applications under the General Development Order relating to the siting, design and external appearance of agricultural and forestry 40.00 40.00 0.00 40.00 0 0.00 buildings and the siting and means of construction of private ways.
Applications by Parish Councils 50% of normal fee 50% of normal fee Page 135 Playing Fields (Sports Clubs) 335.00 335.00 0.00 335.00 0 0.00
Variation or removal of a planning condition 170.00 170.00 0.00 170.00 0 0.00
Renewals of temporary permission or unimplemented permission 170.00 170.00 0.00 170.00 0 0.00 prior to expiry
Agricultural / Forestry determinations 70.00 70.00 0.00 70.00 0 0.00
Demolition 70.00 70.00 0.00 70.00 0 0.00
Telecommunication Determination / Prior Approval Application 70.00 0 0.00 70.00 0.00 70.00
Installation of radio mast, radio equipment, equipment housing 335.00 335.00 0.00 335.00 0 0.00 (non domestic) or public call box
Applications for Listed Building consent or applications for No charge No charge Conservation Area Consent
As for planning As for planning Certificate of existing use of development application application
50% of planning 50% of planning Certificate of proposed use of development application application
PLANNING APPLICATION FEES
ADVERTISEMENTS Appendix 6
DETAILS GROSS CHARGE NET GROSS 2012/13 CHARGE VAT CHARGE BUDGET COMMENTS % INCREASE 2013/14 2013/14 2013/14 STRATEGIC PLANNING £ £ £ £ £
Advertisements displayed on business premises on the forecourt of business premises, or on other land within the curtilage of business premises, wholly with reference to all or any of the following matters; 95.00 95.00 0.00 95.00 0 0.00 The nature of the business or other activity carried on, on the premises. The goods sold or the services provided on the premises. The name and qualification of the person carrying on such business or activity or supplying such goods or services.
Advertisements for the purpose of directing members of the public to, or otherwise drawing attention to the existence of business premises which are in the same locality as the site on 95.00 95.00 0.00 95.00 0 0.00 which the advertisement is to be displayed but which are not visible from that site. Page 136 All other advertisements. 335.00 335.00 0.00 335.00 0 0.00
Non-Material Amendment
Householder 25.00 25.00 0.00 25.00 0 0.00
All Other Cases 170.00 170.00 0.00 170.00 0 0.00
High Hedge Complaints 600.00 600.00 0.00 600.00 0 0.00
277000
MISCELLANEOUS CHARGES
Copies of listed building entries No charge No charge
Copy of scanned file sent electronically No charge No charge
Copies of plans (A2 and larger, per plan) 12.00 10.00 2.00 12.00 0 0.00
Ordnance Survey Plans for 10 copies 16.50 16.50 0.00 16.50 0 Increased 01.01.96 0.00 2040 Requests for written confirmation that planning conditions have been discharged Domestic 25.00 25.00 0.00 25.00 0 0.00 Commercial 85.00 85.00 0.00 85.00 0 0.00 6140 Householder Appendix 6
DETAILS GROSS CHARGE NET GROSS 2012/13 CHARGE VAT CHARGE BUDGET COMMENTS % INCREASE 2013/14 2013/14 2013/14 STRATEGIC PLANNING £ £ £ £ £ Do I Need Planning Permission Do I Need Planning Permission & Pre-application advice 36.00 30.00 6.00 36.00 0 0.00
Non-Householder Enquiry (Includes research for Commercial, 72.00 60.00 12.00 72.00 0 0.00 Listed Building and Ancient Monuments)
Pre Application Advice
Large Scale Major Development 50 or more dwellings or site area 2ha or more New and MCOU of 5000sqm or more floorspace or site area exceeding 720.00 600.00 120.00 720.00 0 0.00 2ha Development subject to EIA
Small Scale Major Development 10 - 49 dwellings or site area 0.5 - 1.9ha 360.00 300.00 60.00 360.00 0 0.00 New and MCOU of 1000 4999sqm or more floorspace or site area 1 - 1.9ha. Page 137
All other Development, Prior Consents, Adverts, Listed Building 72.00 60.00 12.00 72.00 0 0.00 and Trees except Householder 18000
Amended 1st April 2010. These fees are for the Council to provide compiled property search reports for properties throughout the District. In order to comply with Government guidance from 1st April 2009, SLDC introduced a new charging structure for property search services LOCAL LAND CHARGES a) A charging structure for unrefined property data held by the council and b) A charging structure for the Council's services in providing compiled refined search reports Statutory regulations on charging for property search services now require that in respect of a) that the council sets charges on a cost recovery basis only and in respect of b) that the Council has regard to the costs it incurs in providing the service.
Basic Fee (inclusive of Requsition) i Excluding Highways 65.00 65.00 0.00 65.00 0 0.00 ii Including Highways 89.00 89.00 0.00 89.00 0 0.00
Requsition for Search Certificate 25.00 25.00 0.00 25.00 0 0.00
Part 1 Enquiries
One parcel of land - included above Included above Included above Each additional 12.00 12.00 0.00 12.00 0 0.00
Part 11 Enquires
Each printed enquiry; Appendix 6
DETAILS GROSS CHARGE NET GROSS 2012/13 CHARGE VAT CHARGE BUDGET COMMENTS % INCREASE 2013/14 2013/14 2013/14 STRATEGIC PLANNING £ £ £ £ £ For enquiries 4 - 21 11.00 11.00 0.00 11.00 0 0.00 For Enquiry No. 22 16.00 16.00 0.00 16.00 0 0.00
Personal Search (Land Charge only) No charge No charge Statutory fee revoked with effect from 17 August 2010
201000
BUILDING CONTROL FEES
For further information on Building Control Fees and Charges please go to;
http://www.southlakeland.gov.uk/services/environment-and- waste/building-control/building-control-application.aspx
Page 138 and see schedules 1, 2 and 3
The Building Regulation Charges are divided into a Plan and Inspection charge, or Building Notice charge. The basis of these charges are derived from Building (Local Authority Charges) Regulations 2010, valid from 1st April 2011. Full Plans - The Plan Charge must be paid at the time plans are deposited with the Council. An invoice for the inspection charge will be issued after the first inspection has been carried out. Building Notices - The charges must be paid at the time this notice is submitted to the Council. The Building Notice Charge is the combined Plan and Inspection Charge total inclusive of VAT. A Building Notice cannot be used for new houses where new roads or streets are to be constructed. Houses up to 300 square metres & Flats up to 3 storeys Notes: 1. The amount of the plan charge is based on the number of dwelling types contained in the application; the inspection charge is based on the total units in the project. 2. For 10 or more dwellings or if the floor area of the dwelling exceeds 300m 2 or flats over 3 storeys, the charge will be individually determined. 3. For electrical work not covered under a Competent Persons Scheme, the basic inspection charge per dwelling will be £240.00 including VAT (account will be given to repetitive work and a discount may be applied). 4. Unless otherwise agreed, schemes exceeding one year in duration may be subject to an additional charge.
Charges for New Dwellings Plan Charge 1 Dwelling type 240.00 200.00 40.00 240.00 0 0.00 2 Dwelling types 330.00 275.00 55.00 330.00 0 0.00 3 Dwelling types 420.00 350.00 70.00 420.00 0 0.00 4 Dwelling types 540.00 450.00 90.00 540.00 0 0.00 5 Dwelling types 660.00 550.00 110.00 660.00 0 0.00 6 Dwelling types 750.00 625.00 125.00 750.00 0 0.00 7 Dwelling types 780.00 650.00 130.00 780.00 0 0.00 8 Dwelling types 840.00 700.00 140.00 840.00 0 0.00 9 Dwelling types 900.00 750.00 150.00 900.00 0 0.00 10 Dwelling types 960.00 800.00 160.00 960.00 0 0.00 11 Dwelling types Contact for price Contact for price 12 Dwelling types Contact for price Contact for price Appendix 6
DETAILS GROSS CHARGE NET GROSS 2012/13 CHARGE VAT CHARGE BUDGET COMMENTS % INCREASE 2013/14 2013/14 2013/14 STRATEGIC PLANNING £ £ £ £ £ 13 Dwelling types Contact for price Contact for price 14 Dwelling types Contact for price Contact for price 15 Dwelling types Contact for price Contact for price 16 Dwelling types Contact for price Contact for price 17 Dwelling types Contact for price Contact for price 18 Dwelling types Contact for price Contact for price 19 Dwelling types Contact for price Contact for price Inspection Charge 1 Dwelling type 510.00 425.00 85.00 510.00 0 0.00 2 Dwelling types 660.00 550.00 110.00 660.00 0 0.00 3 Dwelling types 900.00 750.00 150.00 900.00 0 0.00 4 Dwelling types 1050.00 875.00 175.00 1,050.00 0 0.00 5 Dwelling types 1290.00 1075.00 215.00 1,290.00 0 0.00 6 Dwelling types 1440.00 1200.00 240.00 1,440.00 0 0.00 7 Dwelling types 1560.00 1300.00 260.00 1,560.00 0 0.00 8 Dwelling types 1800.00 1500.00 300.00 1,800.00 0 0.00 9 Dwelling types 2040.00 1700.00 340.00 2,040.00 0 0.00 10 Dwelling types 2280.00 1900.00 380.00 2,280.00 0 0.00 Page 139 11 Dwelling types Contact for price Contact for price 12 Dwelling types Contact for price Contact for price 13 Dwelling types Contact for price Contact for price 14 Dwelling types Contact for price Contact for price 15 Dwelling types Contact for price Contact for price 16 Dwelling types Contact for price Contact for price 17 Dwelling types Contact for price Contact for price 18 Dwelling types Contact for price Contact for price 19 Dwelling types Contact for price Contact for price Building Notice Charge 1 Dwelling type 900.00 750.00 150.00 900.00 0 0.00 2 Dwelling types 1188.00 990.00 198.00 1,188.00 0 0.00 3 Dwelling types 1584.00 1320.00 264.00 1,584.00 0 0.00 4 Dwelling types 1908.00 1590.00 318.00 1,908.00 0 0.00 5 Dwelling types 2340.00 1950.00 390.00 2,340.00 0 0.00 6 Dwelling types 2628.00 2190.00 438.00 2,628.00 0 0.00 7 Dwelling types 2808.00 2340.00 468.00 2,808.00 0 0.00 8 Dwelling types 3168.00 2640.00 528.00 3,168.00 0 0.00 9 Dwelling types 3528.00 2940.00 588.00 3,528.00 0 0.00 10 Dwelling types 3888.00 3240.00 648.00 3,888.00 0 0.00 11 Dwelling types Contact for price Contact for price 12 Dwelling types Contact for price Contact for price 13 Dwelling types Contact for price Contact for price 14 Dwelling types Contact for price Contact for price 15 Dwelling types Contact for price Contact for price 16 Dwelling types Contact for price Contact for price 17 Dwelling types Contact for price Contact for price 18 Dwelling types Contact for price Contact for price 19 Dwelling types Contact for price Contact for price Appendix 6
DETAILS GROSS CHARGE NET GROSS 2012/13 CHARGE VAT CHARGE BUDGET COMMENTS % INCREASE 2013/14 2013/14 2013/14 STRATEGIC PLANNING £ £ £ £ £
The Building Regulation Charges are divided into a Plan and Inspection charge, Building Notice charge and Regularisation charge. The basis of these charges are derived from Building (Local Authority Charges) Regulations 2010, valid from 1st April 2011. Full Plans - The Plan Charge must be paid at the time plans are deposited with the Council. Where an inspection charge applies, an invoice will be issued after the first inspection has been carried out. Building Notices - The charges must be paid at the time this notice is submitted to the Council. Regularisation Charge - This type of application is solely for use where work undertaken on or after 11 November 1985 and is already completed without prior knowledge / notification to the Council and house owners seek retrospective certification. However these charges are 150% of the net charge. Certain Small Domestic Buildings & Extensions and Other Work Exemption - Where work is to provide access and facilities for disabled people in an existing building, or is an extension of a room in a dwelling, where sole use will be for the carrying out of medical treatment or storage facilities for a disabled person, adaptation or replacement of accommodation, no charge is payable. Total Estimated Cost for Works Under Schedule 3 - Charges for all commercial / industrial / other residential and domestic alterations are taken from Schedule 3. These are based on an estimated cost that would be charged by a professional contractor, excluding Page 140 professional fees and VAT. Small Buildings and Extensions (Schedule 2) - Where the work in question includes the erection of more than one extension to a building, the total floor area of all such extensions should be combined to determine the charge payable in accordance with Schedule 2. Stage Payments - In certain cases charges may be paid by instalments, by prior agreement with the Building Control Team Leader.
Please note : Unless otherwise agreed, schemes exceeding one year duration may be subject to an Applying for Building Regulations Approval additional charge. Full Plans - Deposit Charge Attached or Detached garage over 30m 2 but under 60m 2 180.00 150.00 30.00 180.00 0 0.00 Domestic extensions up to 10m 2 180.00 150.00 30.00 180.00 0 0.00 Domestic extensions over 10m 2 but under 40m 2 180.00 150.00 30.00 180.00 0 0.00 Domestic extensions over 40m 2 but under 60m 2 180.00 150.00 30.00 180.00 0 0.00 Domestic extensions over 60m 2 but under 80m 2 180.00 150.00 30.00 180.00 0 Domestic extensions over 80m 2 Contact for Price Contact for Price A loft conversion 180.00 150.00 30.00 180.00 0 0.00 Full Plans - Inspection Charge 0.00 Detached or attached garage over 30m 2 but under 60m 2 180.00 150.00 30.00 180.00 0 0.00 Domestic extensions up to 10m 2 180.00 150.00 30.00 180.00 0 0.00 Domestic extensions over 10m 2 but under 40m 2 330.00 275.00 55.00 330.00 0 0.00 Domestic extensions over 40m 2 but under 60m 2 510.00 425.00 85.00 510.00 0 0.00 Domestic extensions over 60m 2 but under 80m 2 540.00 450.00 90.00 540.00 0 Domestic extensions over 80m 2 Contact for Price Contact for Price A loft conversion 330.00 275.00 55.00 330.00 0 0.00 Building Notice Detached or attached garage over 30m 2 but under 60m 2 432.00 360.00 72.00 432.00 0 0.00 Domestic extensions up to 10m 2 432.00 360.00 72.00 432.00 0 0.00 Domestic extensions over 10m 2 but under 40m 2 612.00 510.00 102.00 612.00 0 0.00 Domestic extensions over 40m 2 but under 60m 2 828.00 690.00 138.00 828.00 0 0.00 Domestic extensions over 60m 2 but under 80m 2 864.00 720.00 144.00 864.00 0 Appendix 6
DETAILS GROSS CHARGE NET GROSS 2012/13 CHARGE VAT CHARGE BUDGET COMMENTS % INCREASE 2013/14 2013/14 2013/14 STRATEGIC PLANNING £ £ £ £ £ Domestic extensions over 80m 2 Contact for Price Contact for Price A loft conversion 612.00 510.00 102.00 612.00 0 0.00 Regularisation Detached or attached garage over 30m 2 but under 60m 2 450.00 450.00 0.00 450.00 0 0.00 Domestic extensions up to 10m 2 450.00 450.00 0.00 450.00 0 0.00 Domestic extensions over 10m 2 but under 40m 2 637.50 637.50 0.00 637.50 0 0.00 Domestic extensions over 40m 2 but under 60m 2 862.50 862.50 0.00 862.50 0 0.00 Domestic extensions over 60m 2 but under 80m 2 900.00 900.00 0.00 900.00 0 Domestic extensions over 80m 2 Contact for Price Contact for Price A loft conversion 637.50 637.50 0.00 637.50 0 0.00
Electrical Installation Electrical Installation - Re-wiring not included in the Competent Persons 240.00 240.00 0 20.00 Scheme 48.00 288.00 Electrical Installation - New circuits 150.00 150.00 30.00 180.00 0 20.00 Electrical Installation - Single socket / light point 90.00 90.00 18.00 108.00 0 20.00 Erection of a domestic wind turbine 90.00 90.00 18.00 108.00 0 20.00 Regularisation Page 141 Electrical Installation - Re-wiring not included in the Competent Persons 300.00 300.00 0 Scheme 60.00 360.00 Electrical Installation - New circuits 187.50 187.50 37.50 225.00 0 Electrical Installation - Single socket / light point 112.50 112.50 22.50 135.00 0 Erection of a domestic wind turbine 112.50 112.50 22.50 135.00 0
Minimum Charges Total Charge Replacement of windows or doors in dwelings, not part of a FENSA 90.00 75.00 15.00 90.00 0 0.00 scheme (or equivalent) Sewage treatment plant 240.00 200.00 40.00 240.00 0 0.00 Chimney lining 90.00 75.00 15.00 90.00 0 0.00 Where work relates to storage above 90 litres for oil and 150 litres 150.00 125.00 25.00 150.00 0 0.00 Liquefied Petroleum Gas (LPG) A revised scheme considered not to be the same as originally 90.00 75.00 0 0.00 deposited 15.00 90.00 Material alteration to thermal element requiring upgrading of insulation, 90.00 75.00 15.00 90.00 0 0.00 greater than 25% of roof, walls or floors.
Regularisation Replacement of windows or doors in dwelings, not part of a FENSA 112.50 112.50 0.00 112.50 0 0.00 scheme (or equivalent) Sewage treatment plant 300.00 300.00 0.00 300.00 0 0.00 Chimney lining 112.50 112.50 0.00 112.50 0 0.00 Where work relates to storage above 90 litres for oil and 150 litres 187.50 187.50 0.00 187.50 0 0.00 Liquefied Petroleum Gas (LPG) A revised scheme considered not to be the same as originally 112.50 112.50 0 0.00 deposited 0.00 112.50 Appendix 6
DETAILS GROSS CHARGE NET GROSS 2012/13 CHARGE VAT CHARGE BUDGET COMMENTS % INCREASE 2013/14 2013/14 2013/14 STRATEGIC PLANNING £ £ £ £ £ Material alteration to thermal element requiring upgrading of insulation, 112.50 112.50 0.00 112.50 0 0.00 greater than 25% of roof, walls or floors.
All Other Work Fixed price based on estimated cost band Plan Charge £0 - £1,000 90.00 75.00 15.00 90.00 0 0.00 £1,001 - £2,000 150.00 125.00 25.00 150.00 0 0.00 £2,001 - £5,000 240.00 200.00 40.00 240.00 0 0.00 £5,001 - £10,000 60.00 50.00 10.00 60.00 0 0.00 £10,001 - £20,000 90.00 75.00 15.00 90.00 0 0.00 £20,001 - £30,000 120.00 100.00 20.00 120.00 0 0.00 £30,001 - £40,000 150.00 125.00 25.00 150.00 0 0.00 £40,001 - £50,000 180.00 150.00 30.00 180.00 0 0.00 £50,001 - £60,000 210.00 175.00 35.00 210.00 0 0.00 £60,001 - £70,000 240.00 200.00 40.00 240.00 0 0.00
Page 142 £70,001 - £80,000 270.00 225.00 45.00 270.00 0 0.00 £80,001 - £90,000 300.00 250.00 50.00 300.00 0 0.00 £90,001 - £100,000 330.00 275.00 55.00 330.00 0 0.00 £100,001 - £125,000 360.00 300.00 60.00 360.00 0 0.00 £125,001 - £150,000 390.00 325.00 65.00 390.00 0 0.00 £150,001 - £175,000 Contact for Price Contact for Price £175,001 - £200,000 Contact for Price Contact for Price £200,001 - £225,000 Contact for Price Contact for Price £225,001 - £250,000 Contact for Price Contact for Price Inspection Charge £0 - £1,000 - - £1,001 - £2,000 - - £2,001 - £5,000 - - £5,001 - £10,000 210.00 175.00 35.00 210.00 0 0.00 £10,001 - £20,000 270.00 225.00 45.00 270.00 0 0.00 £20,001 - £30,000 360.00 300.00 60.00 360.00 0 0.00 £30,001 - £40,000 450.00 375.00 75.00 450.00 0 0.00 £40,001 - £50,000 540.00 450.00 90.00 540.00 0 0.00 £50,001 - £60,000 630.00 525.00 105.00 630.00 0 0.00 £60,001 - £70,000 720.00 600.00 120.00 720.00 0 0.00 £70,001 - £80,000 810.00 675.00 135.00 810.00 0 0.00 £80,001 - £90,000 900.00 750.00 150.00 900.00 0 0.00 £90,001 - £100,000 990.00 825.00 165.00 990.00 0 0.00 £100,001 - £125,000 1080.00 900.00 180.00 1,080.00 0 0.00 £125,001 - £150,000 1170.00 975.00 195.00 1,170.00 0 0.00 £150,001 - £175,000 Contact for Price Contact for Price £175,001 - £200,000 Contact for Price Contact for Price £200,001 - £225,000 Contact for Price Contact for Price £225,001 - £250,000 Contact for Price Contact for Price Building Notice Charge £0 - £1,000 90.00 75.00 15.00 90.00 0 0.00 £1,001 - £2,000 150.00 125.00 25.00 150.00 0 0.00 £2,001 - £5,000 240.00 200.00 40.00 240.00 0 0.00 £5,001 - £10,000 270.00 225.00 45.00 270.00 0 0.00 Appendix 6
DETAILS GROSS CHARGE NET GROSS 2012/13 CHARGE VAT CHARGE BUDGET COMMENTS % INCREASE 2013/14 2013/14 2013/14 STRATEGIC PLANNING £ £ £ £ £ £10,001 - £20,000 360.00 300.00 60.00 360.00 0 0.00 £20,001 - £30,000 576.00 480.00 96.00 576.00 0 0.00 £30,001 - £40,000 720.00 600.00 120.00 720.00 0 0.00 £40,001 - £50,000 864.00 720.00 144.00 864.00 0 0.00 £50,001 - £60,000 1008.00 840.00 168.00 1,008.00 0 0.00 £60,001 - £70,000 1152.00 960.00 192.00 1,152.00 0 0.00 £70,001 - £80,000 1296.00 1080.00 216.00 1,296.00 0 0.00 £80,001 - £90,000 1440.00 1200.00 240.00 1,440.00 0 0.00 £90,001 - £100,000 1584.00 1320.00 264.00 1,584.00 0 0.00 £100,001 - £125,000 1728.00 1440.00 288.00 1,728.00 0 0.00 £125,001 - £150,000 1872.00 1560.00 312.00 1,872.00 0 0.00 £150,001 - £175,000 Contact for Price Contact for Price £175,001 - £200,000 Contact for Price Contact for Price £200,001 - £225,000 Contact for Price Contact for Price £225,001 - £250,000 Contact for Price Contact for Price Regularisation Charge £0 - £1,000 112.50 112.50 0.00 112.50 0 0.00 £1,001 - £2,000 187.50 187.50 0.00 187.50 0 0.00 Page 143 £2,001 - £5,000 300.00 300.00 0.00 300.00 0 0.00 £5,001 - £10,000 337.50 337.50 0.00 337.50 0 0.00 £10,001 - £20,000 450.00 450.00 0.00 450.00 0 0.00 £20,001 - £30,000 600.00 600.00 0.00 600.00 0 0.00 £30,001 - £40,000 750.00 750.00 0.00 750.00 0 0.00 £40,001 - £50,000 900.00 900.00 0.00 900.00 0 0.00 £50,001 - £60,000 1050.00 1050.00 0.00 1,050.00 0 0.00 £60,001 - £70,000 1200.00 1200.00 0.00 1,200.00 0 0.00 £70,001 - £80,000 1350.00 1350.00 0.00 1,350.00 0 0.00 £80,001 - £90,000 1500.00 1500.00 0.00 1,500.00 0 0.00 £90,001 - £100,000 1650.00 1650.00 0.00 1,650.00 0 0.00 £100,001 - £125,000 1800.00 1800.00 0.00 1,800.00 0 0.00 £125,001 - £150,000 1950.00 1950.00 0.00 1,950.00 0 0.00 £150,001 - £175,000 Contact for Price Contact for Price £175,001 - £200,000 Contact for Price Contact for Price £200,001 - £225,000 Contact for Price Contact for Price £225,001 - £250,000 Contact for Price Contact for Price 438000
Please note : Unless otherwise agreed, schemes exceeding one year in duration may be subject to an additional charge.
The charge is individually determined for domestic schemes exceeding £75,000 and commercial schemes exceeding £150,000
In the case of charges for contracts which exceed £150,000 or where contracts below this level are likely to be repeated , Please contact the Building Control Team Leader, to establish the appropriate charges.
Street Naming and Numbering Appendix 6
DETAILS GROSS CHARGE NET GROSS 2012/13 CHARGE VAT CHARGE BUDGET COMMENTS % INCREASE 2013/14 2013/14 2013/14 STRATEGIC PLANNING £ £ £ £ £ Each application Each single application to change address 114.00 95.00 19.00 114.00 0 0.00 For each and every additional address in an application to change 0 0.00 address 12.00 10.00 2.00 12.00 Each single address application on a New Development site 114.00 95.00 19.00 114.00 0 0.00 For each every additional address in an application on a New 0 0.00 Development site 12.00 10.00 2.00 12.00 10000 Miscellaneous Charges
0 0.00 Research of Historical Building Control Data for a single dwelling. 36.00 30.00 6.00 36.00
0 0.00 Research of Historical Building Control Data for a commercial property. 72.00 60.00 12.00 72.00 918 Page 144 2013/14 to 2016/17 DRAFT REVENUE AND CAPITAL BUDGETS – APPENDIX 7 PURPOSE OF APPENDIX The purpose of this Appendix is to detail the projected capital programme funding .
Cumulative to 31/3/13 2013/14 2014/15 2015/16 2016/17 £000 £000 £000 £000 £000 Capital Receipts - LSVT 4,716.2 0.0 0.0 0.0 0.0 Capital Receipts - VAT Shelter 18.6 tbc tbc tbc tbc Earmarked Capital Receipts 66.4 20.0 0.0 0.0 0.0 Other Capital Receipts 50.0 50.0 50.0 50.0 50.0 Grants - Disabled Facility Grant 242.0 242.0 242.0 242.0 242.0 Other Grants 964.8 0.0 0.0 0.0 0.0 Contributions 200.0 0.0 0.0 0.0 0.0 Second Homes Fund 1,244.0 718.0 718.0 718.0 718.0 Other Revenue Funding 205.0 145.0 145.0 145.0 145.0 Total Available Funding excl Borrowing 7,707.0 1,175.0 1,155.0 1,155.0 1,155.0 Borrowing 3,100.0 838.0 329.0 1,025.0 1,845.0 Total Available Funding 10,807.0 2,013.0 1,484.0 2,180.0 3,000.0
Page 145 2013/14 to 2016/17 DRAFT REVENUE AND CAPITAL BUDGETS – APPENDIX 8
PURPOSE OF APPENDIX The purpose of this Appendix is to detail the capital programme bids received.
General Bids: Stockghyll Bridge, Rydal Rd Car Park - Bridge Widening (£250k already in Programme) 70.0 Stockghyll Wood footbridge 20.0 Kendal Museum - Equality Act Improved Access 125.0 Ulverston Tennis Centre - Replacement of water heaters 20.0 Grange Promenade Strutural Works 250.0 Grange Shelters - Crime Prevention 35.0 Waterhead Public Realm - Prom (£290k-£380k), Pier parking (£209k), Borrans Park entrance (£85k) 674.0 South Lakeland House - Universal Credit, upgrade interview rooms 20.0 Recycling Bins and Boxes 45.0 CRM development 60.0 Bardsea Sea Defence 75.0 Dog Signage 15.0 Purchase of Empty Homes 300.0 Town and Car Park Signage 50.0 1,759.0 Bids also included in Planned Maintenance bid: CAB Kendal - New Heating & Ventilation System & Glazing Improvements 120.5 Castle Dairy New Roof 150.0 Kendal Leisure Centre - Various 1,000.0 Kendal Museum - Equality Act Improved Access and Heating Improvements 60.0 Ulverston Swimming Pool - Replacement of Heating & Ventilation and Roof 197.0 1,527.5 Total Capital Bids 3,286.5
1
Page 146 SOUTH LAKELAND DISTRICT COUNCIL APPENDIX 9 Draft Capital Programme 2013/14 to 2017/18
New 2012/13 2012/13 Programme Spending by Project 2013/14 2014/15 2015/16 2016/17 2017/18 Total Points Approved Revised
Play Area Renewals 20.0 20.0 20.0 20.0 20.0 20.0 20.0 120.0 Ecclerigg Depot 150.0 150.0 150.0 Public Conveniences (Upgrade And Hand Over) 570.7 420.7 420.7 Disabled Facilities Grants 641.8 641.8 362.0 362.0 362.0 362.0 362.0 2,451.8 Affordable Housing Grants (AHRG) 743.5 400.0 400.0 400.0 400.0 400.0 400.0 2,400.0 Site Assembly Fund For Affordable Housing 476.2 476.2 98.0 98.0 98.0 100.0 100.0 970.2 Mobile Working 50.0 100.0 100.0 IT Replacements 45.0 45.0 40.0 40.0 40.0 40.0 40.0 245.0 Replacement of lighting and seating Coronation Hall 50.0 50.0 50.0 Patrol Boat 19.0 19.0 19.0 Rayrigg Meadow Public Jetties 18.0 18.0 18.0
Page 147 Ferry Nab Redevelopment Phases 1, 2 and 3 755.0 755.0 795.0 386.0 1,936.0 Nobles Rest 66.4 66.4 66.4 Grange Footbridges 8.2 8.2 8.2 Historic Building Grants 8.3 8.3 8.3 Westmorland Shoping Centre Car Park Refurbishment 373.4 73.4 73.4 DDA Works, Various car parks 63.8 63.8 63.8 Replace Car Park Pay Machines 300.0 300.0 300.0 Rydal Road Car Park, Ambleside Works to Bridge 320.0 320.0 Grange Regeneration 37.2 37.2 37.2 New Road Common 27.1 27.1 27.1 Highgate Public Realm Improvements 260.0 260.0 260.0 Vehicle & Plant Programme 3,100.0 1,172.6 2,418.5 203.0 373.0 1,715.0 840.0 6,722.1 Transformation Change - Access to Services 20.0 20.0 20.0 Carbon Reduction Programme 224.0 224.0 224.0 CRM Development 78 60.0 60.0 South Lakeland House - Universal Credit interview rooms 75 20.0 20.0 Castle Dairy New Roof 63 150.0 150.0 Town and Car Park signing 58 50.0 50.0 Recycling bins & boxes 51 45.0 45.0 Dog order signage 46 15.0 15.0 Stockghyll Wood footbridge 41 20.0 20.0
8,027.6 4,501.7 4,873.5 1,918.0 1,679.0 2,637.0 1,762.0 17,371.2
-1 - SOUTH LAKELAND DISTRICT COUNCIL APPENDIX 9 Draft Capital Programme 2013/14 to 2017/18
2012/13 2012/13 Programme Funding by source 2013/14 2014/15 2015/16 2016/17 2017/18 Total Approved Revised £000 £000 £000 £000 £000 £000 £000 £000 EARMARKED FUNDING: Disabled Facilities Grant (287.8) (242.0) (242.0) (242.0) (242.0) (242.0) (242.0) (1,452.0) Nobles Rest - Earmarked capital receipt (65.0) (66.4) (66.4) Stockghyll Cottage - Earmarked capital receipt (20.0) (20.0) Other Contributions (70.3) 0.0
Second Homes Discount (835.0) (1,276.0) (618.0) (618.0) (618.0) (620.0) (620.0) (4,370.0)
GF Major Repairs Reserve 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Page 148 IT Replacement Reserve (45.0) (45.0) (40.0) (40.0) (40.0) (40.0) (40.0) (245.0) LABGI (Highgate) (60.0) (60.0) (60.0) Cumbria CC Grant (Highgate) (100.0) (100.0) (100.0) Section 106 funds (Highgate) (100.0) (100.0) (100.0) TOTAL EARMARKED FUNDING (1,563.1) (1,889.4) (920.0) (900.0) (900.0) (902.0) (902.0) (6,413.4)
GENERAL FUNDING: Capital Receipts (100.0) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Single Capital Pot (873.0) (828.7) (55.3) (20.0) (20.0) (20.0) (20.0) (964.0) Fund of Revenue Monies for Capital Purposes (119.0) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Borrowing - Vehicles (3,100.0) (1,172.6) (2,418.5) (203.0) (373.0) (1,715.0) (840.0) (6,722.1) Use of receipts from Housing Stock Transfer to fund V&P 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 instead of repayment and new borrowing Use of receipts from Housing Stock Transfer (2,272.5) (611.0) (1,479.7) (795.0) (386.0) 0.0 0.0 (3,271.7) TOTAL GENERAL FUNDING (6,464.5) (2,612.3) (3,953.5) (1,018.0) (779.0) (1,735.0) (860.0) (10,957.8)
PROGRAMME FUNDING TOTALS (8,027.6) (4,501.7) (4,873.5) (1,918.0) (1,679.0) (2,637.0) (1,762.0) (17,371.2)
-1 - RISK ASSESSMENT OF LEVEL OF RESERVES - NOVEMBER 2012 APPENDIX 10
Financial Balance Risk Exposure Required Potential Risk Score Weighting (£000) (£000) Comment (Basis of Financial Exposure) Base Budget Contingency for inflation or other 4 50% 262 131 Assumed at 2% of Net Revenue Budget unanticipated rise. Underachievement of Charges Income targets 4 50% 432 216 Estimate of 5% Customer Receipts Income forecasts for 2012/13 and spending exceeds budgets Underachievement of Investment Income 4 50% 130 65 1% of exposure of average balance of £13m Bellwin scheme cuts in at 0.2% of Net Budget (£25,326 2012/13) and provides for up to 85% of Civil Emergencies 6 75% 172 129 eligible costs (assume £1m cost - not covered by insurance) Insurance Excesses 2 25% 35 9 Based on 5% of insurance premia payments
Potential costs of legal challenges 2 25% 200 50 Based on estimated cost of public enquiry
Savings not achieved 1 25% 2,236 559 Target savings from 2013/14 onwards
Vacancy target not delivered 2 25% 356 89 Staff vacancy target topsliced from salary budgets
Pay increase 3 50% 117 58 1% allowance made in budget for pay increase for 2013/14. Impact of 1% pay award
Increase in pension contributions 4 50% 360 180 Allowance for 1.5% increase in pension fund contributions at next triennial revaluation
Page 149 Changes to existing government funding 9 100% 253 253 5% of total of formula grant funding regimes Changes to existing government grants 4 50% 404 202 25% of total revenue grants received, excluding benefit subsidy and formula grant
Impact of introduction of Universal Credit 2 25% 450 113 Increase in homelessness, changes in administration arrangements, reduction in collection rate etc General Fund Reserve Balance - Audit Commission Guidance stated a prudent level is 5% of Net Dependence on reserves and general balances 3 50% 655 328 Revenue Expenditure Assume 50% of maximum exposure to reduction in rateable values before safety net (assuming Localisation of business rates 4 50% 390 195 safety net set at 10%) Council tax reduction scheme 4 50% 558 279 Based on 10% increase in claims based on 2012/13 estimate £5,578,000
Earmarked reserve for delivery of savings 100% 400 400 Monies set aside to meet one-off costs of service reviews (Council 27/9/11, C/045)
Risk Management 100% 100 100 Monies set aside to meet the one-off costs of risk management.
Emergency Contingency 100% 1,000 1,000 Emergency contingency fund - Council practice to allocate £1m for any unforeseen emergencies
TOTALS 8,511 4,356
Maximum Risk Based Reserve Balances 8,511 Total Financial Exposure Minimum Risk Based Reserve Balances 2,128 25% of Total Financial Exposure
Current Level of Reserves - General Fund Working Balance 4,038 Estimated balance 31/3/13 - General Reserve 1,231 Estimated balance 31/3/13 Current Level of Reserves (Projected as at 31/03/11) (General Fund ) 5,269
Projected (Shortfall)/Excess of Current Reserve Balance over Risk Based 913 South Lakeland District Council - 2013/14 to 2016/17 Draft Revenue Budgets Appendix 11 Budget Summary - General Fund
2012-13 2013-14 2014-15 2015-16 2016-17 Approved Budget Working Working Working Working re Council Budget Budget Budget Budget £000 £000 £000 £000 £000
Expenditure Direct Emp Costs - Superannuable 9,090.3 8,990.4 9,128.9 9,335.3 9,526.0 Direct Emp Costs - Non-Superannuable 680.3 672.4 682.7 682.7 682.7 National Insurance 729.4 766.5 783.4 807.7 830.3 Pension 1,983.0 2,222.4 2,255.2 2,302.5 2,346.7 Running Costs 10,894.9 10,467.3 10,470.9 10,493.9 10,545.2 Capital Charges 2,535.4 2,373.1 2,270.5 2,266.7 2,101.1 Uncommitted Growth 0.0 0.0 82.1 295.6 528.3 25,913.3 25,492.1 25,673.7 26,184.4 26,560.3
Page 150 Income Car Parking Income -4,085.3 -4,086.3 -4,168.0 -4,251.4 -4,336.4 Contributions -1,399.9 -1,144.3 -1,035.5 -1,029.5 -1,029.5 General Income -3,362.4 -3,446.3 -3,500.0 -3,598.4 -3,645.5 Government Grants -508.6 -639.8 -809.8 -912.2 -962.2 Lake Income -1,090.8 -1,113.9 -1,436.6 -1,690.4 -1,726.7 Recycling Credits -1,086.4 -1,086.4 -1,086.4 -1,086.4 -1,086.4 -11,533.4 -11,517.0 -12,036.3 -12,568.3 -12,786.7
Net Service expenditure 14,379.9 13,975.1 13,637.4 13,616.1 13,773.6 Planned contribution to GF working balance 50.0 0.0 0.0 0.0 0.0 Net interest paid/recieved 384.8 601.1 618.2 624.5 561.5 MRP 270.9 481.6 859.3 879.3 896.4 Reversal of cap charges -2,535.4 -2,377.5 -2,274.9 -2,271.0 -2,105.4 Support to capital programme 145.0 145.0 145.0 145.0 145.0 New homes bonus 0.0 208.9 208.9 311.3 361.3 Contribution to reserves 390.0 390.0 390.0 390.0 390.0 Contributions from reserves -166.7 -226.7 -166.7 -166.7 -166.7 Redistributed business rates -4,293.0 -4,308.3 -3,845.4 -3,442.4 -3,093.4 RSG -87.2 0.0 0.0 0.0 0.0 Council tax freeze grant -405.8 -285.2 -285.2 -204.0 -204.0 Income for special expenses -36.9 -36.9 -36.9 -36.9 -36.9 Surplus on collection fund 20.4 0.0 0.0 0.0 0.0 Net demand on CF -8,116.0 -8,116.1 -8,278.3 -8,443.8 -8,612.7 Net non service items -14,379.9 -13,524.1 -12,666.0 -12,214.7 -11,864.9 Projected General Fund Deficit (November 2012) 0.0 451.0 971.4 1,401.4 1,908.7 Item No.12
PART I
South Lakeland District Council COUNCIL
Meeting Date: 18 th December 2012 Report Author: Tracy Howard – Public Health & Licensing Manager Portfolio: Environment and Sustainability Report from: David Sykes – Corporate Director (People and Places) Wards affected: N/A Key Decision: Policy
Gambling Act 2005 – Review of Statement of Gambling Licensing Policy 2013 - 2016 1.0 PURPOSE OF REPORT 1.1 The purpose of the report is to inform Members of the responses to the consultation on the review of the Council’s Statement of Gambling Licensing Policy and seek Members’ approval on the revised draft. 2.0 RECOMMENDATIONS It is recommended that:- Council approve the Draft Statement of Gambling Licensing Policy 2013/16. 3.0 BACKGROUND 3.1 Each licensing authority shall prepare a statement of the principles that they propose to apply in exercising their functions under the Gambling Act every three years, and publish that statement. 3.2 The Gambling Act 2005 provides that before determining the policy a licensing authority must consult with:- • The Chief Officer of Police for the area • One or more persons who appear to the authority to represent the interests of persons carrying on gambling businesses in the authority’s area • One or more persons who appear to the authority to represent the interests of persons who are likely to be affected by the exercise of the authority’s functions under the Gambling Act 2005 4.0 RESEARCH AND CONSULTATION 4.1 Consultation on a revised draft Statement of Gambling Licensing Policy was held from July 2012 until 10 October 2012. In addition to the statutory requirements regarding
Page 151 consultation as outlined above, the following steps were taken to ensure the consultation has been as effective as possible:- • A press release was issued regarding the consultation process • The revised draft statement of gambling policy was made available on the Council’s website • Copies of the above document were made available at the Council’s Offices • A mailshot of the revised draft statement of gambling policy was sent to all Parish Councils. 4.2 Licensing Managers from the six councils in Cumbria worked together in drawing up the existing statements of licensing policy to ensure consistency throughout the County. This approach has been followed again in the current review process. No adverse responses were received to this Council’s consultation process. There were 2 responses received by the Council, one pointing out a change of address to a consultee and the second response praising the standard of the policy. However, a Cumbria wide consultation carried out by Carlisle City Council on behalf of all the six districts attracted some responses. 4.3 Officers from the six councils have carried out an appraisal of the responses received, and where it has been considered appropriate, amendments have been made to the draft policy. This has been minimal. Any changes to the last policy have been highlighted in yellow (pre-consultation) and turquoise (post-consultation). 4.4 All proposed amendments are highlighted in Appendix 2.
5.0 PROPOSAL
5.1 Full Council are recommended to approve the Draft Statement of Gambling Licensing Policy 2013/16 for approval and implementation form 1 st January 2013.
6.0 ALTERNATIVE OPTIONS 6.1 None 7.0 NEXT STEPS 7.1 The revised statement of gambling policy must be implemented from 1 st January 2013. 8.0 IMPLICATIONS 8.1 Financial and Resources 8.1.1 The costs of revising the policy and consultation are met from existing budgets detailed in GME25 and EUN72. 8.2 Human Resources 8.2.1 There are no staffing issues and all relevant officers have been aware of the changes and revisions. 8.3 Legal 8.3.1 Section 349 of the Gambling Act 2005 provides that each licensing authority shall before each successive period of three years, prepare a statement of the principles that they propose to apply in exercising their functions under the Act during that period, and, publish that statement.
Page 152 8.4 Social, Economic and Environmental Impact 8.4.1 Has a sustainability impact assessment been carried out? N/A 8.4.2 This proposal is considered to have a neutral impact on sustainability.
9.0 RISK ASSESSMENT Risk Consequence Controls required Failure to approve the The Council would be Revised policy to be revised Statement of unable to meet its statutory approved by Full Council Gambling Licensing obligation to implement a Policy by December revised Statement of 2012. Gambling Licensing Policy by January 2013. 10.0 EQUALITY AND DIVERSITY 10.1 The Council has an agreement in place to consult with Cumbria Disability Network and Age UK. Other organisations that address the needs of vulnerable people have also been consulted i.e. Cumbria Drugs and Alcohol Action Team, Gamblers Anonymous and Gamcare. This has been undertaken during the 12 week public consultation period. No relevant responses have been received indicating negative impacts. 11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 11.1 Linked to Corporate Plan 2010-2015 “Work with communities to plan, participate, support and shape the future of their place”. 12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 Report and draft policy approved. APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Draft Statement of Gambling Licensing Policy 2013-2016 2 Summary of proposed amendments to existing policy CONTACT OFFICERS Tracy Howard – Public Health and Licensing Manager (01539) 797529 [email protected] BACKGROUND DOCUMENTS AVAILABLE Guidance http://www.gamblingcommission.gov.uk/pdf/GLA4%20September%202012.pdf TRACKING Assistant Portfolio Holder Solicitor to the SMT Scrutiny Director Council Committee 22/10/12 22/10/12 22/10/12 24/10/12 N/A Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer N/A 13/11/12 18/12/12 N/A 22/10/12 Human Chair Licensing Resource Regulatory Services
Page 153 Manager Committee N/A 22/10/12
Page 154 Appendix 1
Cumbria Local Authorities Allerdale Barrow Carlisle Copeland Eden South Lakeland
Draft Statement of Gambling Policy (Version 2 - October 2012)
Gambling Act 2005
South Lakeland District Council South Lakeland House Lowther Street Kendal Cumbria LA9 4UD
1
Page 155 South Lakeland District Council has completed this document. If you would like a copy of it please could you contact us by calling 0845 0504434 or email us at [email protected] . This document is also available in large print or audio tape.
Contact Information Mrs TA Howard Public Health & Licensing Manager South Lakeland District Council South Lakeland House, Lowther Street, Kendal Cumbria LA9 4UD
Tel: 0845 E-mail: [email protected]
Further copies may be obtained from the above address or from the Council’s website: - www.southlakeland.gov.uk
2
Page 156
Draft Statement of Licensing Policy Gambling Act 2005
Contents Page
Preface...... 5
Part A - General
1. The licensing objectives ...... 6 2. Introduction ...... 7 3. Declaration ...... 8 4. Responsible Authorities ...... 8 5. Interested parties ...... 8 6. Exchange of information ...... 9 7. Enforcement ...... 10 8. Licensing authority functions ...... 11 9. The Gambling Commission ...... 11
Part B - Premises Licences
9. General Principles ...... 13 10. Adult Gaming Centres ...... 19 11. (Licensed) Family Entertainment Centres ...... 20 12. Casinos ...... 20 13. Bingo premises ...... 21 14. Betting premises ...... 22 15. Tracks ...... 22 16. Travelling fairs ...... 24 17. Provisional Statements ...... 24 18. Reviews ...... 25
3
Page 157 Part C - Permits/Temporary and Occasional Use Notices
19. Unlicensed Family Entertainment Centre gaming machine permits ...... 27 20. (Alcohol) Licensed premises gaming machine permits...... 28 21. Prize Gaming Permits ...... 28 22. Club Gaming and Club Machines Permits ...... 29 23. Temporary Use Notices ...... 30 24. Occasional Use Notices ...... 31
Appendices Appendix 1 List of Consultees ...... 32 Appendix 2 Useful Addresses ...... 35 Appendix 3 Categories Gaming Machines ...... 39 Appendix 4 Delegation of Functions ...... 41 Appendix 5 Map of District ...... 42
This Draft Statement of Gambling Policy will be appro ved by Full Council on 18 th December 2012
All references to the “Guidance” refers to the Gambling Commission's Guidance to Local Authorities Version 3 published in May 2009. A draft Version 4 is currently being consulted upon and will be published in October 2012.
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Page 158 Preface Under the Gambling Act 2005, a new regime for regulating gambling and betting was introduced throughout the United Kingdom from 1 September 2007. Apart from the National Lottery and spread betting, gambling and betting is regulated by the Gambling Commission, whose duties include licensing the operators and individuals involved in providing gambling and betting facilities.
South Lakeland District Council, along with other local licensing authorities, has a duty under the Act to license premises where gambling is to take place and to license certain other activities (such as registering small society lotteries). This document sets out how we intend to approach this task.
Allerdale Borough Council, Barrow Borough Council, Carlisle City Council, Copeland Borough Council, Eden District Council and South Lakeland District Council have worked in partnership in preparing this statement. The Council’s continue to work together to share best practice in an effort to ensure, so far as practicable, consistency of approach across Cumbria.
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Page 159 Part A
1. The Licensing Objectives 1.1 In exercising most of their functions under the Gambling Act 2005 (“the Act”), licensing authorities must have regard to the licensing objectives as set out in section 1 of the Act. The licensing objectives are:
• Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime • Ensuring that gambling is conducted in a fair and open way • Protecting children and other vulnerable persons from being harmed or exploited by gambling 1.2 It should be noted that the Gambling Commission has stated: “The requirement in relation to children is explicitly to protect them from being harmed or exploited by gambling”.
1.3 This licensing authority is aware that, in making decisions about premises licences and temporary use notices it should aim to permit the use of premises for gambling in so far as it thinks it:
• in accordance with any relevant code of practice issued by the Gambling Commission • in accordance with any relevant guidance issued by the Gambling Commission • reasonably consistent with the licensing objectives and • in accordance with the authority’s statement of licensing policy
Authorised Activities 1.4 ‘Gambling’ is defined in the Act as either gambling, betting or taking part in a lottery:
• ‘gaming’ means playing a game of chance for a prize; • ‘betting’ means making or accepting a bet on the outcome of a race, competition, or any other event; the likelihood of anything occurring or not occurring; or whether anything is true or not true; • A ‘lottery’ is where persons are required to pay in order to take part in an arrangement, during the course of which one or more prizes are allocated by a process which relies wholly on chance. 1.5 Private gaming in private dwellings and on domestic occasions is exempt from licensing or registration providing that no charge is made for participating; only equal chance gaming takes place; and it does not occur in a place to which the public have access. Domestic betting between inhabitants of the same premises or between employees of the same employer is also exempt.
1.6 Non-commercial gaming and betting (where no parts of the proceeds are for private gain) may be subject to certain exemptions. Further advice should be sought from the Council’s Licensing Team where appropriate.
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Page 160 2. Introduction South Lakeland District Council is situated in the County of Cumbria, which contains 6 District Councils in total. The Council area has a population of approximately 103,000 and covers 600 square miles (1551 square kilometres). The population profile % for residents in 2011 is illustrated below;
Years 0-14 15-29 30-44 45-59 60-74 75-84 85+
Broad age groups
Totals 14.1 14.2 17.1 21.9 21.2 8.1 3.4
2.1 A map of the Council’s area is included at Appendix 5. The key provided identifies the urban/rural areas.
2.2 Licensing authorities are required by the Gambling Act 2005 to publish a statement of the principles which they proposed to apply when exercising their functions. This statement must be published at least every three years. The statement must also be reviewed from “time to time” and any amended parts re-consulted upon. The statement must be then re- published.
2.3 South Lakeland District Council consulted widely upon this statement before finalising and publishing. A list of those persons this authority consulted is provided at Appendix 1.
2.4 The Gambling Act requires that the following parties are consulted by Licensing Authorities:
• The Chief Officer of Police; • One or more persons who appear to the authority to represent the interests of persons carrying on gambling businesses in the authority’s area; • One or more persons who appear to the authority to represent the interests of persons who are likely to be affected by the exercise of the authority’s functions under the Gambling Act 2005. 2.5 Our consultation took place between 18 th July 2012 and 10 th October 2012 and we followed the HM Government Code of Practice on Consultation (published July 2008) which is available at: http://www.bis.gov.uk/files/file47158.pdf
2.6 The full list of comments made and the consideration by the Council of those comments is available by request to the person named below .
2.7 The policy was approved at a meeting of the Full Council on******. It was published on our website on ** January 2013 and advertised in a local newspaper. Copies have been sent to the public libraries in the District as well as being available in the Council Offices at Kendal and Ulverston.
2.8 Should you have any queries regarding this policy statement please send them via e-mail or letter to the following contact:
Name: Public Health & Licensing Manager
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Page 161 Address: South Lakeland District Council
E-mail: [email protected] Tel: 0845 0504434
2.9 It should be noted that this policy statement will not override the right of any person to make an application, make representations about an application, or apply for a review of a licence, as each will be considered on its own merits and according to the statutory requirements of the Gambling Act 2005.
3. Declaration 3.1 In producing the final statement, this licensing authority declares that it has had regard to the licensing objectives of the Gambling Act 2005, the Guidance to the Licensing Authorities issued by the Gambling Commission, and any responses from those consulted on the statement.
4. Responsible Authorities 4.1 The licensing authority is required by regulations to state the principles it will apply in exercising its powers under Section 157(h) of the Act to designate, in writing, a body which is competent to advise the authority about the protection of children from harm. The principles are:
• the need for the body to be responsible for an area covering the whole of the licensing authority’s area; and • The need for the body to be answerable to democratically elected persons, rather than any particular vested interest group. 4.2 In accordance with the suggestion in the Gambling Commission’s Guidance to local authorities, this authority has consulted with both the Cumbria Safeguarding Children Board and Cumbria County Council Children’s Services. This Authority considers that Cumbria County Council Children’s Services is best able to fulfil the role of advising the Authority about the protection of children from harm for the purposes of Section 157(b) of the Act.
4.3 The contact details of all the Responsible Authorities under the Gambling Act 2005 are available via the Council’s website at: www.southlakeland.gov.uk and are listed at Appendix 2.
5. Interested Parties 5.1 Interested parties can make representations about licence applications, or apply for a review of an existing licence. These parties are defined in the Gambling Act 2005 as follows:
“For the purposes of this Part a person is an interested party in relation to an application for or in respect of a premises licence if, in the opinion of the licensing authority which issues the licence or to which the applications is made, the person:
a) lives sufficiently close to the premises to be likely to be affected by the authorised activities,
b) has business interests that might be affected by the authorised activities, or
c) represents persons who satisfy paragraph (a) or (b)”
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Page 162 5.2 The licensing authority is required by regulations to state the principles it will apply in exercising its powers under the Gambling Act 2005 to determine whether a person is an interested party.
5.3 This authority will not apply a rigid rule to its decision making and each case will be decided upon its merits. It will consider the examples of considerations provided in the Gambling Commission’s Guidance for local authorities at Paragraphs 8.11 to 8.18.
5.4 It will also consider the Gambling Commission's Guidance that "has business interests" should be given the widest possible interpretation and include partnerships, charities, faith groups and medical practices.
5.5 The Gambling Commission has recommended that the licensing authority states that interested parties may include trade associations and trade unions, and residents’ and tenants’ associations. This authority will not however generally view these bodies as interested parties unless they represent a member who can be classed as an interested person under the terms of the Gambling Act 2005 i.e. lives sufficiently close to the premises to be likely to be affected by the activities being applied for.
5.6 Interested parties can be persons who are democratically elected such as Councillors and MP’s. No specific evidence of being asked to represent an interested person will be required as long as the Councillor/MP represents the ward likely to be affected. Likewise, Parish Councils likely to be affected will be considered to be interested parties. Other than these however, this authority will generally require written evidence that a person/body (e.g. an advocate/relative) ‘represents’ someone who either lives sufficiently close to the premises to be likely to be affected by the authorised activities and/or has business interests that might be affected by the authorised activities. A letter from one of these persons, requesting the representation is likely to be sufficient.
5.7 If individuals wish to approach Councillors to ask them to represent their views then care should be taken that the Councillors are not a Member of the Licensing Committee dealing with the licence application. If there are any doubts then please contact the Council’s Licensing Department.
6. Exchange of Information 6.1 Licensing Authorities are required to include in their statements the principles to be applied by the authority in exercising the functions under sections 29 and 30 of the Act with respect to the exchange of information between it and the Gambling Commission, and the functions under section 350 of the Act with respect to the exchange of information between it and the other persons listed in Schedule 6 to the Act.
6.2 The principle that this licensing authority applies is that it will act in accordance with the provisions of the Gambling Act 2005 in its exchange of information which includes the provision that the Data Protection Act 1998 will not be contravened. The licensing authority will also have regard to any Guidance issued by the Gambling Commission on this matter, as well as any relevant regulations issued by the Secretary of State under the powers provided in the Gambling Act 2005.
6.3 Should any protocols be established as regards information exchange with other bodies then they will be made available. This authority will normally share the information it holds about licensed premises with the Gambling Commission, the Police and other responsible authorities.
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Page 163 7. Enforcement 7.1 Licensing authorities are required by regulation under the Gambling Act 2005 to state the principles to be applied by the authority in exercising the functions under Part 15 of the Act with respect to the inspection of premises; and the powers in the Act to institute criminal proceedings in respect of the offences specified.
7.2 This licensing authority’s principles are that:
It will be guided by the Gambling Commission’s Guidance for local authorities and will endeavour to be:
• Proportionate: regulators should only intervene when necessary: remedies should be appropriate to the risk posed, and costs identified and minimised; • Accountable: regulators must be able to justify decisions, and be subject to public scrutiny; • Consistent: rules and standards must be joined up and implemented fairly; • Transparent: regulators should be open, and keep regulations simple and user friendly; and • Targeted: regulation should be focused on the problem, and minimise side effects. 7.3 As per the Gambling Commission’s Guidance to Licensing Authorities, this licensing authority will endeavour to avoid duplication with other regulatory regimes so far as possible.
7.4 This licensing authority has adopted and implemented a risk-based inspection programme, based on;
• The licensing objectives • Relevant codes of practice • Guidance issued by the Gambling Commission, in particular at Part 36 • The principles set out in this statement of licensing policy 7.5 This may include test purchasing activities to measure the compliance of licensed operators with aspects of the Gambling Act. When undertaking test purchasing activities, this licensing authority will undertake to liaise with the Gambling Commission and the operator to determine what other, if any, test purchasing schemes may already be in place. Irrespective of the actions of an operator on their overall estate, test purchasing may be deemed to be an appropriate course of action.
7.6 The main enforcement and compliance role for this licensing authority in terms of the Gambling Act 2005 is to ensure compliance with the premises licences and other permissions which it authorises. The Gambling Commission will be the enforcement body for the operating and personal licences. It is also worth noting that concerns about manufacture, supply or repair of gaming machines are not dealt with by the licensing authority but should be notified to the Gambling Commission.
7.7 This licensing authority also keeps itself informed of developments as regards the work of the Better Regulation Executive in its consideration of the Regulatory functions of local authorities.
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Page 164 7.8 Bearing in mind the principle of transparency, this licensing authority’s enforcement policy is available upon request to the licensing department.
8. Licensing Authority Functions
Local Authorities
8.1 Licensing Authorities are required under the Act to:
• Be responsible for the licensing of premises where gambling activities are to take place by issuing Premises Licences • Issue Provisional Statements • Regulate members’ clubs and miners’ welfare institutes who wish to undertake certain gaming activities via issuing Club Gaming Permits and/or Club Machine Permits • Issue Club Machine Permits to Commercial Clubs • Grant permits for the use of certain lower stake gaming machines at unlicensed Family Entertainment Centres • Receive notifications from alcohol licensed premises (under the Licensing Act 2003) for the use of two or fewer gaming machines • Issue Licensed Premises Gaming Machine Permits for premises licensed to sell/supply alcohol for consumption on the licensed premises, under the Licensing Act 2003, where there are more than two machines • Register small society lotteries below prescribed thresholds • Issue Prize Gaming Permits • Receive and Endorse Temporary Use Notices • Receive Occasional Use Notices • Provide information to the Gambling Commission regarding details of licences issued (see section above on ‘information exchange) • Maintain registers of the permits and licences that are issued under these functions • Exercise its powers of compliance and enforcement under the Act, in partnership with the Gambling Commission and other relevant responsible authorities. It should be noted that licensing authorities are not involved in licensing remote gambling at all, which is regulated by the Gambling Commission via operating licences.
The Gambling Commission 8.2 The Gambling Commission regulates gambling in the public interest. It does so by keeping crime out of gambling; by ensuring that gambling is conducted in a fair and open way; and by protecting children and vulnerable people. The Commission provides independent advice to the Government about the matter in which gambling is carried out, the effects of gambling and the regulations of gambling generally.
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Page 165 8.3 The Commission has issued guidance under Section 25 of the Act about the manner in which licensing authorities exercise their licensing functions under the Act and, in particular, the principles to be applied.
8.4 The Commission has also issued Codes of Practice under Section 24 about the way in which facilities for gambling is provided, which may also include provisions about the advertising of gambling facilities.
8.5 The Gambling Commission can be contacted at:
Gambling Commission Victoria Square House Victoria Square Birmingham B2 4BP Website: www.gamblingcommission.gov.uk Email: [email protected]
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Page 166 Part B Premises Licences
9. General Principles 9.1 Premises licences are subject to the requirements set-out in the Act and regulations, as well as specific mandatory and default conditions which will be detailed in regulations issued by the Secretary of State. The licensing authority is able to exclude default conditions and also attach others, where it is believed to be appropriate.
9.2 This licensing authority is aware that in making decisions about premises licences it should aim to permit the use of premises for gambling in so far as it thinks it:
• in accordance with any relevant code of practice issued by the Gambling Commission; • in accordance with any relevant guidance issued by the Gambling Commission; • reasonably consistent with the licensing objectives; and • In accordance with the authority’s statement of licensing policy. 9.3 This authority will not regard moral objections to gambling as a valid reason to reject applications for premises licences (except as regards any 'no casino resolution' - see section on Casinos below) and also acknowledges that unmet demand is not a criterion for a licensing authority to consider.
9.4 This licensing authority also notes Gambling Commission guidance on ensuring that betting is the primary activity of licensed premises. Gaming machines may be available for use in licensed betting premises only at times when there are also sufficient facilities for betting available. Operators will need to demonstrate that betting will continue to be the primary activity of the premise when seeking variations to licenses.
In making this determination, this licensing authority will have regard to the six indicators of betting as a primary gambling activity.
• the offer of established core products (including live event pictures and bet range) • the provision of information on products and events • the promotion of gambling opportunities and products • the actual use made of betting facilities • the size of premises • the delivery of betting facilities 9.5 Definition of “premises” – In the Act, premises is defined as including “any place”. Section 152 therefore prevents more than one premises license applying to any place. But a single building could be subject to more than one premises licence, provided they are for different parts of the building and the different parts of the building can be reasonably regarded as being different premises. This approach has been taken to allow large, multiple unit premises such as a pleasure park, pier, track or shopping mall to obtain discrete premises licences, where appropriate safeguards are in place. However, licensing authorities should pay particular attention if there are issues about sub-divisions of a single building or plot and should ensure that mandatory conditions relating to access between premises are observed.
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Page 167 9.6 The Gambling Commission states in the third edition of its Guidance to Licensing Authorities that: “In most cases the expectation is that a single building/plot will be the subject of an application for a licence, for example, 32 High Street. But, that does not mean 32 High Street cannot be the subject of separate premises licences for the basement and ground floor, if they are configured acceptably. Whether different parts of a building can properly be regarded as being separate premises will depend on the circumstances. The location of the premises will clearly be an important consideration and the suitability of the division is likely to be a matter for discussion between the operator and the licensing officer. However, the Commission does not consider that areas of a building that are artificially or temporarily separated, for example by ropes or moveable partitions, can properly be regarded as different premises.”
9.7 This licensing authority takes particular note of the Gambling Commission’s Guidance to Licensing Authorities which states that: “licensing authorities should take particular care in considering applications for multiple licences for a building and those related to a discrete part of a building used for other (non-gambling) purposes. In particular they should be aware of the following:
• The third licensing objective seeks to protect children from being harmed by gambling. In practice that means not only preventing them from taking part in gambling, but also preventing them from being in close proximity to gambling. Therefore premises should be configured so that children are not invited to participate in, have accidental access to or closely observe gaming where they are prohibited from participating. • Entrances to and exits from parts of a building covered by one or more premises licences should be separate and identifiable so the separation of different premises is not compromised and people do not ‘drift’ into a gambling area. In this context it should normally be possible to access the premises without going through another licensed premises or premises with a permit. • Customers should be able to participate in the activities named on the premises licence. The Guidance also gives a list of factors which the licensing authority should be aware of, which may include:
• Do the premises have a separate registration for business rates • Is the premises’ neighbouring premises owned by the same person or someone else? • Can each of the premises be accessed from the street or a public passageway? • Can the premises only be accessed from other gambling premises?
This authority will consider these and other relevant factors in making its decision, depending on all the circumstances of the case.
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Page 168 9.8 The Gambling Commission’s relevant access provisions for each premises type are reproduced below:
Casinos
• The principal access entrance to the premises must be from a street (as defined at 7.23 of the Guidance). • No entrance to a casino must be from premises that are used wholly or mainly by children and/or young persons. • No customer must be able to enter a casino directly from any other premises which hold a gambling premises licence. Adult Gaming Centre • No customer must be able to access the premises directly from any other licensed gambling premises. Betting Shops • Access must be from a street (as per para 7.23 Guidance to Licensing Authorities) or from another premises with a betting premises licence. • No direct access from a betting shop to another premises used for the retail sale of merchandise or services. In effect there cannot be an entrance to a betting shop from a shop of any kind and you could not have a betting shop at the back of a cafe – the who le area would have to be licensed. Tracks
• No customer should be able to access the premises directly from: - a casino - an adult gaming centre Bingo Premises
• No customer must be able to access the premise directly from: - a casino - an adult gaming centre - a betting premises, other than a track
Family Entertainment Centre • No customer must be able to access the premises directly from: - a casino - an adult gaming centre - a betting premises, other than a track
Part 7 of the Gambling Commission’s Guidance to Licensing Authorities contains further guidance on this issue, which this authority will also take into account in its decision-making.
9.9 Premises “ready for gambling” – The Guidance states that a licence to use premises for gambling should only be issued in relation to premises that the licensing authority are satisfied will be ready to be used for gambling in the reasonably near future, considering the scale of the building works or alterations required before the premises are brought into use.
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Page 169 9.10 If the construction of a premises is not yet complete, or if they need alteration, or if the applicant does not yet have a right to occupy them, then an application for a provisional statement should be made instead.
9.11 In deciding whether a premises licence can be granted where there are outstanding construction or alteration works at a premises, this authority will determine applications on their merits, applying a two stage consideration process:-
• First, whether the premises ought to be permitted to be used for gambling • Second, whether appropriate conditions can be put in place to cater for the situation that the premises are not yet in the state in which they ought to be before gambling takes place. 9.12 Applicants should note that this authority is entitled to decide that it is appropriate to grant a licence subject to conditions, but it is not obliged to grant such a licence.
9.13 Location - This licensing authority is aware that demand issues cannot be considered with regard to the location of premises but that considerations in terms of the licensing objectives are relevant to its decision-making. As per the Gambling Commission’s Guidance to Licensing Authorities, this authority will pay particular attention to the protection of children and vulnerable persons from being harmed or exploited by gambling, as well as issues of crime and disorder. Should any specific policy be decided upon as regards areas where gambling premises should not be located, this statement will be updated. It should be noted that any such policy does not preclude any application being made and each application will be decided on its merits, with the onus upon the applicant showing how potential concerns can be overcome.
9.14 Planning – The Gambling Commission Guidance to Local Authorities states:
7.59 – In determining applications the licensing authority has a duty to take into consideration all relevant matters and not to take into consideration irrelevant matters, i.e. those not related to gambling and the licensing objectives. One example of an irrelevant matter would be the likelihood of the applicant obtaining planning permission or building regulations approval for their proposal.
This authority will not take into account irrelevant matters as per the above guidance. In addition this authority notes the following excerpt from the guidance:
7.66 – When dealing with a premises licence application for finished buildings, the licensing authority should not take into account whether those buildings have or comply with the necessary planning or building consents. Those matters should be dealt with under relevant planning control and building regulation powers, and not form part of the consideration for the premises licence. Section 210 of the Act prevents licensing authorities taking into account the likelihood of the proposal by the applicant obtaining planning or building consent when considering a premises licence application. Equally the grant of a gambling premises licence does not prejudice any action that may be appropriate under law relating to planning or building.
9.15 Duplication with other regulatory regimes - This licensing authority will seek to avoid any duplication with other statutory/regulatory systems where possible, including planning. This authority will not consider whether a licence application is likely to be awarded planning permission or building regulations approval, in its consideration of it. It will though, listen to,
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Page 170 and consider carefully, any concerns about conditions which are not able to be met by licensees due to planning restrictions, should such a situation arise.
When dealing with a premises licence application for finished buildings, this authority will not take into account whether those buildings have to comply with the necessary planning or building consents. Fire or health and safety risks will not be taken into account, as these matters are dealt with under relevant planning control, buildings and other regulations and must not form part of the consideration for the premises licence.
9.16 Licensing Objectives Premises licences granted must be reasonably consistent with the licensing objectives. With regard to these objectives, this licensing authority has considered the Gambling Commission’s Guidance to local authorities and some comments are made below.
9.17 Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime - This licensing authority is aware that the Gambling Commission will be taking a leading role in preventing gambling from being a source of crime. The Gambling Commission's Guidance does however envisage that licensing authorities should pay attention to the proposed location of gambling premises in terms of this licensing objective. Thus, if an area should have known high levels of organised crime this authority will consider carefully whether gambling premises are suitable to be located there and whether conditions may be suitable such as the provision of door supervisors. This licensing authority is aware of the distinction between disorder and nuisance and will consider factors such as whether police assistance was required and how threatening the behaviour was to those who could see it, so as to make that distinction. 9.18 Ensuring that gambling is conducted in a fair and open way - This licensing authority has noted that the Gambling Commission states that it generally does not expect licensing authorities to become concerned with ensuring that gambling is conducted in a fair and open way as this will be addressed via operating and personal licences issued by the Gambling Commission. There is however, more of a role with regard to tracks which is explained in more detail in the 'tracks' section below at Paragraph 15. 9.19 Protecting children and other vulnerable persons from being harmed or exploited by gambling - This objective means preventing children from taking part in gambling (as well as restriction of advertising so that gambling products are not aimed at or are, particularly attractive to children). The licensing authority will therefore consider, whether specific measures are required at particular premises, with regard to this licensing objective. Appropriate measures may include supervision of entrances/ machines, segregation of areas etc. This licensing authority is also aware of the Gambling Commission Codes of Practice as regards this licensing objective, in relation to specific premises. 9.20 As regards the term “vulnerable persons” it is noted that the Gambling Commission does not seek to offer a definition but states that “it will for regulatory purposes assume that this group includes people who gamble more than they want to; people who are gambling beyond their means; and people who may not be able to make informed or balanced decisions about gambling due to a mental impairment, learning disabilities, alcohol or drugs. This licensing authority will consider this licensing objective on a case by case basis.
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Page 171 9.21 Conditions Any conditions attached to licences will be proportionate and will be:
• relevant to the need to make the proposed building suitable as a gambling facility; • directly related to the premises and the type of licence applied for; • fairly and reasonably related to the scale and type of premises; and • Reasonable in all other respects. 9.22 Decisions upon individual conditions will be made on a case by case basis, although there will be a number of measures this licensing authority will consider utilising should there be a perceived need, such as the use of door supervisors, appropriate signage for adult only areas etc. There are specific comments made in this regard under some of the licence types below. This licensing authority will also expect the licence applicant to offer his/her own suggestions as to the way in which the licensing objectives can be met effectively.
9.23 This licensing authority will also consider specific measures which may be required for buildings which are subject to multiple premises licences. Such measures may include the supervision of entrances; segregation of gambling from non-gambling areas frequented by children; and the supervision of gaming machines in non-adult gambling specific premises in order to pursue the licensing objectives. These matters are in accordance with the Gambling Commission's Guidance.
9.24 This authority will also ensure that where category C (for information about the different categories of machine, please see appendix 3) or above machines are on offer in premises to which children are admitted:
• all such machines are located in an area of the premises which is separated from the remainder of the premises by a physical barrier which is effective to prevent access other than through a designated entrance; • only adults are admitted to the area where these machines are located; • access to the area where the machines are located is supervised; • the area where these machines are located is arranged so that it can be observed by the staff or the licence holder; and • At the entrance to and inside any such areas there are prominently displayed notices indicating that access to the area is prohibited to persons under 18. These considerations will apply to premises including buildings where multiple premises licences are applicable.
9.25 This licensing authority is aware that tracks may be subject to one or more than one premises licence, provided each licence relates to a specified area of the track. As per the Gambling Commission’s Guidance this licensing authority will consider the impact upon the objective to protect children and other vulnerable persons from being harmed or exploited by gambling and the need to ensure that entrances to each type of premises are distinct and that children are excluded from gambling areas where they are not permitted to enter.
9.26 It is noted that there are conditions which the licensing authority cannot attach to premises licences which are:
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Page 172 • any condition on the premises licence which makes it impossible to comply with an operating licence condition; • conditions relating to gaming machine categories, numbers, or method of operation; • conditions which provide that membership of a club or body be required (the Gambling Act 2005 specifically removes the membership requirement for casino and bingo clubs and this provision prevents it being reinstated; and • Conditions in relation to stakes, fees, winning or prizes. 9.27 Door Supervisors – The Gambling Commission advises in its Guidance to Licensing Authorities that if a licensing authority is concerned that a premises may attract disorder or be subject to attempts at unauthorised access (for example by children and young persons) then it may require that the entrances to the premises are controlled by a door supervisor, and is entitled to impose a premises licence condition to this effect.
9.28 Where it is decided that supervision of entrances/machines is appropriate for particular cases, a consideration of whether these need to be SIA licensed or not will be necessary. It will not be automatically assumed that they need to be licensed, as the statutory requirements for different premises vary (as per Guidance, Part 33).
9.29 It should be noted that the above paragraphs relate to door supervisors only in relation to premises licences granted under the Gambling Act 2005. Where a premises licence has also been granted under the Licensing Act 2003 in relation to the same premises, there may also be conditions on that licence which relate to door supervisors. The premises licence holder should ensure compliance with those conditions.
10. Adult Gaming Centres 10.1 This licensing authority will specifically have regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy the authority that there will be sufficient measures to, for example, ensure that under 18 year olds do not have access to the premises.
10.2 This licensing authority will expect applicants to offer their own measures to meet the licensing objectives however appropriate measures/licence conditions may cover issues such as:
• Proof of age schemes • CCTV – this should be of sufficient quality that it will be of use in evidence • Supervision of entrances/machine areas • Physical separation of areas • Location of entry • Notices/signage • Specific opening hours • Self-exclusion schemes – these are schemes whereby individuals who acknowledge they have a gambling problem ask to be barred from certain premises. • Provision of information leaflets/helpline numbers for organisations such as GamCare.
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Page 173 10.3 This list is not mandatory, nor exhaustive, and is merely indicative of example measures which applicants can consider implementing.
11. (Licensed) Family Entertainment Centres 11.1 This licensing authority will specifically have regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy the authority, for example, that there will be sufficient measures to ensure that under 18 year olds do not have access to the adult only gaming machine areas.
11.2 This licensing authority will expect applicants to offer their own measures to meet the licensing objectives however appropriate measures/licence conditions may cover issues such as:
• Proof of age schemes • CCTV – this should be of sufficient quality that it will be of use in evidence • Supervision of entrances/machine areas • Physical separation of areas • Location of entry • Notices/signage • Specific opening hours • Self-exclusion schemes– these are schemes whereby individuals who acknowledge they have a gambling problem ask to be barred from certain premises • Provision of information leaflets/helpline numbers for organisations such as GamCare. • Measures/training for staff on how to deal with suspected truant school children on the premises 11.3 This list is not mandatory, nor exhaustive, and is merely indicative of example measures which applicants can consider implementing.
11.4 This licensing authority will refer to the Gambling Commission’s website to see any conditions that apply to operating licences covering the way in which the area containing the category C machines should be delineated. It will normally impose conditions on granting licences which accord with the above. This licensing authority will also make itself aware of and impose any mandatory or default conditions on these premises licences.
12. Casinos 12.1 No Casinos resolution - This licensing authority has not passed a ‘no casino’ resolution under Section 166 of the Gambling Act 2005, but is aware that it has the power to do so. Should this licensing authority decide in the future to pass such a resolution, it will update this policy statement with details of that resolution. Any such decision will be made by the Full Council.
12.2 Casinos and competitive bidding - This licensing authority is aware that where a licensing authority area is enabled to grant a premises licence for a new style casino (i.e. the Secretary of State has made such regulations under Section 175 of the Gambling Act 2005) there are likely to be a number of operators who will want to run the casino. In such situations the local authority will run a ‘competition’ under Schedule 9 of the Gambling Act
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Page 174 2005. This licensing authority will run such a competition in line with the Gambling (Inviting Competing Applications for Large and Small Casino Premises Licences) Regulations 2008, as well as following the procedure set out in Part 17 of the Guidance.
12.3 Licence considerations/conditions – This licensing authority will attach conditions to casino premises licences according to the principles set out in the Gambling Commission’s Guidance at paragraph 9, bearing in mind the mandatory conditions listed in paragraph 17 of the Guidance, and the Licence Conditions and Codes of Practice published by the Gambling Commission.
12.4 Betting machines - This licensing authority will, as per the Gambling Commission’s Guidance, take into account the size of the premises, the number of counter positions available for person-to-person transactions, and the ability of staff to monitor the use of the machines by children and young persons (it is an offence for those under 18 to bet) or by vulnerable people, when considering the number/nature/circumstances of betting machines an operator wants to offer.
13. Bingo Premises This licensing authority notes that the Gambling Commission’s Guidance states:
13.1 Licensing Authorities will need to satisfy themselves that bingo can be played in any bingo premises for which they issue a premises licence. This will be a relevant consideration where the operator of an existing bingo premises applies to vary their licence to exclude an area of the existing premises from its ambit and then applies for a new premises licence, or multiple licences, for that or those excluded premises.
13.2 This authority also notes the Guidance at para. 18.8 regarding the unusual circumstances in which the splitting of pre-existing premises into two or more adjacent premises might be permitted, and in particular that it may not be permissible to locate all of the category B3 gaming machines in one of the resulting premises, as the gaming machine entitlement for that premises may be exceeded.
13.3 Children and young people are allowed into bingo premises; however they are not permitted to participate in bingo and if category B or C machines are made available for use these must be separated from areas where children and young people are allowed.
13.4 Amusement arcades providing prize bingo will require a prize gaming permit from the Council.
Members’ Clubs and Commercial Clubs 13.5 Bingo may be provided at clubs and institutes either in accordance with a permit or providing that the limits in Section 275 of the Act are complied with. These restrictions limit the aggregate stake or prizes within any seven day period, and require the Commission to be notified as soon as is reasonably practicable if that limit is breached. Stakes or prizes above that limit will require a bingo operators' licence and the corresponding personal and premises licences.
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Page 175 14. Betting Premises 14.1 Anyone wishing to operate a betting office will require a betting premises licence from the Council. Children and young persons will not be able to enter premises with a betting premises licence.
14.2 Betting premises will be able to provide a limited number of gaming machines and some betting machines.
14.3 Betting machines - This licensing authority will, as per the Gambling Commission’s Guidance, take into account the size of the premises, the number of counter positions available for person-to-person transactions, and the ability of staff to monitor the use of the machines by children and young persons (it is an offence for those under 18 to bet) or by vulnerable people, when considering the number/nature/circumstances of betting machines an operator wants to offer.
15. Tracks 15.1 Only one premises licence can be issued for any particular premises at any time unless the premises are a ‘track’. A track is a site where races or other sporting events take place.
15.2 Track operators are not required to hold an ‘operator’s licence’ granted by the Gambling Commission. Therefore, premises licences for tracks, issued by the Council are likely to contain requirements for premises licence holders about their responsibilities in relation to the proper conduct of betting. Indeed, track operators will have an important role to play, for example in ensuring that betting areas are properly administered and supervised.
15.3 Although there will, primarily be a betting premises licence for the track there may be a number of subsidiary licences authorising other gambling activities to take place. Unlike betting offices, a betting premises licence in respect of a track does not give an automatic entitlement to use gaming machines.
15.4 This licensing authority is aware that tracks may be subject to one or more than one premises licence, provided each licence relates to a specified area of the track. As per the Gambling Commission’s Guidance, this licensing authority will especially consider the impact upon the third licensing objective (i.e. the protection of children and vulnerable persons from being harmed or exploited by gambling) and the need to ensure that entrances to each type of premises are distinct and that children are excluded from gambling areas where they are not permitted to enter.
15.5 This authority will therefore expect the premises licence applicant to demonstrate suitable measures to ensure that children do not have access to adult only gaming facilities. It is noted that children and young persons will be permitted to enter track areas where facilities for betting are provided on days when dog-racing and/or horse racing takes place, but that they are still prevented from entering areas where gaming machines (other than category D machines) are provided.
15.6 This licensing authority will expect applicants to offer their own measures to meet the licensing objectives, however appropriate measures/licence conditions may cover issues such as:
• Proof of age schemes • CCTV– this should be of sufficient quality that it will be of use in evidence
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Page 176 • Supervision of entrances/machine areas • Physical separation of areas • Location of entry • Notices/signage • Specific opening hours • Self-exclusion schemes– these are schemes whereby individuals who acknowledge they have a gambling problem ask to be barred from certain premises. • Provision of information leaflets/helpline numbers for organisations such as GamCare 15.7 This list is not mandatory, nor exhaustive, and is merely indicative of example measures which applicants can consider implementing.
15.8 Gaming machines - Where the applicant holds a pool betting operating licence and is going to use the entitlement to four gaming machines, machines (other than category D machines) should be located in areas from which children are excluded.
15.9 Betting machines - Licensing authorities have a power under the Gambling Act 2005 to restrict the number of betting machines, their nature and the circumstances in which they are made available, by attaching a licence condition to a betting premises licence.
Similar considerations apply in relation to tracks, where the potential space for such machines may be considerable, bringing with it significant problems in relation to the proliferation of such machines, the ability of track staff to supervise them if they are scattered around the track and the ability of the track operator to comply with the law and prevent children betting on the machines.
This licensing authority will, as per Part 6 of the Gambling Commission’s Guidance, take into account the size of the premises and the ability of staff to monitor the use of the machines by children and young persons (it is an offence for those under 18 to bet) or by vulnerable people, when considering the number/nature/circumstances of betting machines an operator proposes to offer.
15.10 Condition on rules being displayed - A condition will normally be attached to track premises licences requiring the track operator to ensure that the rules relating to tracks which are contained in the Act are prominently displayed in or near the betting areas, or that other measures are taken to ensure that they are made available to the public. For example, the rules could be printed in the race-card or made available in leaflet form from the track office.
15.11 Applications and plans – The Act (s51) requires applicants to submit plans of the premises with their application, in order to ensure that the licensing authority has the necessary information to make an informed judgement about whether the premises are fit for gambling. The plan will also be used for the licensing authority to plan future premises inspection activity (See Guidance, para 20.28).
15.12 Plans for tracks do not need to be in a particular scale, but should be drawn to scale and should be sufficiently detailed to include the information required by regulations (see Guidance, para 20.29).
15.13 Some tracks may be situated on agricultural land where the perimeter is not defined by virtue of an outer wall or fence, such as point-to-point racetracks. In such circumstances,
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Page 177 where an entry fee is levied, track premises licence holders may erect temporary structures to restrict access to premises (See Guidance, para 20.31)
15.14 In the rare cases where the outer perimeter cannot be defined, it is likely that the track in question will not be specifically designed for the frequent holding of sporting events or races. In such cases betting facilities may be better provided through occasional use notices where the boundary premises do not need to be defined (See Guidance, para 20.32).
15.15 This authority appreciates it is sometimes difficult to define the precise location of betting areas on tracks. The precise location of where betting facilities are provided is not required to be shown on the track plans, both by virtue of the fact that betting is permitted anywhere on the premises and because of the difficulties associated with pinpointing exact locations for some types of track. Applicants should provide sufficient information that this authority can satisfy itself that the [plan indicates the main areas where betting might take place. For racecourses in particular, any betting areas subject to the “five times rule” (commonly known as betting rings) must be indicated on the plan (See Guidance, para 20.33).
16. Travelling Fairs 16.1 This licensing authority is responsible for deciding whether, where category D machines and/or equal chance prize gaming without a permit is to be made available for use at travelling fairs, the statutory requirement that the facilities for gambling amount to no more than an ancillary amusement at the fair is met.
16.2 The licensing authority will also consider whether the applicant falls within the statutory definition of a travelling fair:
For the purposes of this Act – (a) “fair” means a fair consisting wholly or principally of the provision of amusements, and (b) a fair held on a day in a calendar year is a “travelling fair” if provided- (i) wholly or principally by persons who travel from place to place for the purpose of providing fairs, and (ii) At a place no part of which has been used for the provision of a fair on more than 27 days in that calendar year. 16.3 It is noted that the 27-day statutory maximum for the land being used as a fair, applies on a calendar year basis, and that it applies to the piece of land on which the fairs are held, regardless of whether it is the same or different travelling fairs occupying the land. This licensing authority will work with its neighbouring authorities to ensure that land which crosses our boundaries is monitored so that the statutory limits are not exceeded.
17. Provisional Statements 17.1 Developers may wish to apply to this authority for provisional statement before entering into a contract to buy or lease property or land to judge whether a development is worth taking forward in light of the need to obtain a premises licence. There is no need for the applicant to hold an operating licence in order to apply for a provisional statement.
17.2 S204 of the Act provides for a person to make application to the licensing authority for a provisional statement in respect of premises that he or she:
• expects to be constructed; • expects to be altered; or
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Page 178 • Expects to acquire a right to occupy.
17.3 The process for considering an application for a provisional statement is the same as that for a premises licence application. The applicant is obliged to give notice of the application in the same way as applying for a premises licence. Responsible authorities and interested parties may make representations and there are rights of appeal.
17.4 In contrast to the premises licence application, the applicant does not have to hold or have applied for an operating licence from the Gambling Commission (except in the case of a track - delete) and they do not have to have a right to occupy the premises in respect of which their provisional application is made.
17.5 The holder of a provisional statement may then apply for a premises licence once the premises are constructed, altered or acquired. The licensing authority will be constrained in the matters it can consider when determining the premises licence application, and in terms of representations about premises licence applications that follow the grant of a provisional statement, no further representations from responsible authorities or interested parties can be taken into account unless they:
• concern matters which could not have been raised by objectors at the provisional licence stage; or • Reflect a change in the operator’s circumstances.
17.6 In addition the licensing authority may refuse the premises licence (or grant it on terms different to those attached to the provisional statement) only by reference to matters:
• which could not have been raised by objectors at the provisional statement stage; • which in the authority’s opinion reflect a change in the operator’s circumstances; or • Where the premise has not been constructed in accordance with the plan submitted with the application. This must be a substantial change to the plan and this licensing authority notes that it can discuss any concerns it has with the applicant before making a decision.
18. Reviews 18.1 Requests for a review of a premises licence can be made by interested parties or responsible authorities; however, it is for the licensing authority to decide whether the review is to be carried-out. This will be on the basis of whether the request for the review is relevant to the matters listed below:
• in accordance with any relevant code of practice issued by the Gambling Commission; • in accordance with any relevant guidance issued by the Gambling Commission; • reasonably consistent with the licensing objectives; and • In accordance with this authority’s statement of licensing policy. 18.2 The request for a review will also be subject to the consideration by the licensing authority as to whether the request is frivolous, vexatious, or whether it will certainly not cause this authority to wish to alter/revoke/suspend the licence, or whether it is substantially the same as previous representations or requests for review. The licensing authority can also initiate a review of a particular premises licence, or a particular class of premises licence on the basis of any reason which it thinks is appropriate.
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Page 179 18.3 Once a valid application for a review has been received by the licensing authority, representations can be made by responsible authorities and interested parties during a 28 day period. This period begins 7 days after the application was received by the licensing authority, who will publish notice of the application within 7 days of receipt.
18.4 The licensing authority must carry out the review as soon as possible after the 28 day period for making representations has passed.
18.5 The purpose of the review will be to determine whether the licensing authority should take any action in relation to the licence. If action is justified, the options open to the licensing authority are:
• Add, remove or amend a licence condition imposed by the licensing authority; • Exclude a default condition imposed by the Secretary of State (e.g. opening hours) or remove or amend such an exclusion; • Suspend the premises licence for a period not exceeding three months; and • Revoke the premises licence. 18.6 In determining what action, if any, should be taken following a review, the licensing authority must have regard to the principles set out in s153 of the Act, as well as any relevant representations.
18.7 In particular, the licensing authority may also initiate a review of the premises licence on the grounds that a premises licence holder has not provided facilities for gambling at the premises. This is to prevent people from applying for licences in a speculative manner without intending to use them.
18.8 Once the review has been completed, the licensing authority must, as soon as possible, notify its decision to:
• The licence holder; • The applicant for review (if any); • The Gambling Commission; • Any person who made representations; • The Chief Officer of Police or Chief Constable; • Her Majesty’s Commissioners for Revenues and Customs.
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Page 180 Part C Permits/Temporary & Occasional Use Notice
19. Unlicensed Family Entertainment Centre Gaming Machine Permits (Statement of Principles on Permits - Schedule 10 paragraph 7) 19.1 Where a premises does not hold a premises licence but wishes to provide gaming machines, it may apply to the licensing authority for this permit. It should be noted that the applicant must show that the premises will be wholly or mainly used for making gaming machines available for use (s238 of the Act).
19.2 The Act states that a licensing authority may prepare a statement of principles that they propose to consider in determining the suitability of an applicant for a permit and in preparing this statement, and/or considering applications, it need not (but may) have regard to the licensing objectives and shall have regard to any relevant guidance issued by the Commission under section 25. The Gambling Commission’s Guidance also states “In their three year licensing policy statement, licensing authorities may include a statement of principles that they propose to apply when exercising their functions in considering applications for permits ...., licensing authorities will want to give weight to child protection issues” (para, 24.6).
19.3 Guidance also states: “... An application for a permit may be granted only if the licensing authority is satisfied that the premises will be used as an unlicensed FEC, and if the chief officer of police has been consulted on the application....Licensing authorities might wish to consider asking applications to demonstrate:
• a full understanding of the maximum stakes and prizes of the gambling that is permissible in unlicensed FECs; • that the applicant has no relevant convictions (those that are set out in Schedule 7 of the Act; and • That staff are trained to have a full understanding of the maximum stakes and prizes. (para. 24.7) 19.4 It should be noted that a licensing authority cannot attach conditions to this type of permit.
19.5 This licensing authority will expect the applicant to show that there are policies and procedures in place to protect children from harm. Harm in this context is not limited to harm from gambling but includes wider child protection considerations. The efficiency of such policies and procedures will each be considered on their merits, however, they may include appropriate measures/training for staff as regards suspected truant school children on the premises, measures/training covering how staff would deal with unsupervised very young children being on the premises, or children causing perceived problems on/around the premises.
19.6 This licensing authority will also expect, as per Gambling Commission Guidance, that applicants demonstrate a full understanding of the maximum stakes and prizes of the gambling that is permissible in unlicensed FECs; that the applicant has no relevant convictions (Sched. 7 of the Act) and that staff are trained to have a full understanding of the maximum stakes and prizes.
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Page 181 20. (Alcohol) Licensed Premises Gaming Machine Permits - (Schedule 13 paragraph 4(1)) 20.1 Automatic entitlement: up to 2 machines - There is provision in the Act for premises licensed to sell alcohol for consumption on the premises, to automatically have 2 gaming machines, of categories C and/or D. The operator of the premises merely needs to notify the licensing authority and pay the prescribed fee. The licensing authority can remove the automatic authorisation in respect of any particular premises if:
• provision of the machines is not reasonably consistent with the pursuit of the licensing objectives; • gaming has taken place on the premises that breaches a condition of section 282 of the Gambling Act (i.e. that written notice has been provided to the licensing authority, that a fee has been provided and that any relevant code of practice issued by the Gambling Commission about the location and operation of the machine has been complied with); • the premises are mainly used for gaming; or • An offence under the Gambling Act has been committed on the premises. 20.2 Permit: 3 or more machines - If the operator of alcohol licensed premises wishes to have more than 2 machines, then an application must be made for a permit and the licensing authority must consider that application based upon the licensing objectives, any guidance and code of practice issued by the Gambling Commission issued under Section 24 & 25 of the Gambling Act 2005, and “such matters as they think relevant .”
20.3 This licensing authority considers that “ such matters ” will be decided on a case by case basis but generally there will be regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy the authority that there will be sufficient measures to ensure that under 18 year olds do not have access to the adult only gaming machines. Measures which will satisfy the authority that there will be no access may include the adult machines being in sight of the bar, or in the sight of staff that will monitor that the machines are not being used by those under 18. Notices and signage may also be a help. As regards the protection of vulnerable persons, applicants may wish to consider the provision of information leaflets/helpline numbers for organisations such as GamCare.
20.4 This licensing authority recognises that some operators of alcohol licensed premises may apply for a premises licence for their non-alcohol licensed areas. Any such application would most likely need to be applied for, and dealt with as an Adult Gaming Centre premises licence.
20.5 The licensing authority may decide to grant the application with a smaller number of machines and/or a different category of machines than that applied for. Conditions (other than these) cannot be attached.
20.6 The holder of a permit must comply with any Code of Practice issued by the Gambling Commission about the location and operation of the machine.
21. Prize Gaming Permits - (Principles on Permits - Schedule 14 paragraph 8 (3)) 21.1 The Gambling Act 2005 states that a licensing authority may “prepare a statement of principles that they propose to apply in exercising their functions under this Schedule” which
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Page 182 “may, in particular, specify matters that the licensing authority proposes to consider in determining the suitability of the applicant for a permit”.
21.2 This licensing authority has prepared a Statement of Principles which is that the applicant should set out the types of gaming that he or she is intending to offer and that the applicant should demonstrate:
• that they understand the limits to stakes and prizes that are set out in Regulations; • that the gaming offered is within the law; • Clear policies that outline the steps to be taken to protect children from harm.
21.3 Prize gaming may be provided in bingo premises as a consequence of their bingo operating licence. Any type of prize gaming may be provided in adult gaming centres and licensed family entertainment centres. Unlicensed family entertainment centres may offer equal chance prize gaming under a gaming machine permit. Prize gaming without a permit may be provided by travelling fairs, providing that none of the gambling facilities at the fair amount to more than an ancillary amusement. Children and young people may participate in equal chance gaming only.
21.4 In making its decision on an application for this permit the licensing authority does not need to have regard to the licensing objectives but must have regard to any Gambling Commission guidance (Sched. 14 para. 8(3) of the Act).
21.5 It should be noted that there are conditions in the Gambling Act 2005 by which the permit holder must comply, but that the licensing g authority cannot attach conditions. The conditions in the Act are:
• the limits on participation fees, as set out in regulations, must be complied with; • all chances to participate in the gaming must be allocated on the premises on which the gaming is taking place and on one day; the game must be played and completed on the day the chances are allocated; and the result of the game must be made public in the premises on the day that it is played; • the prize for which the game is played must not exceed the amount set out in regulations (if a money prize), or the prescribed value (if non-monetary prize); and • Participation in the gaming must not entitle the player to take part in any other gambling.
22. Club Gaming and Club Machines Permits 22.1 Members Clubs and Miners’ Welfare Institutes (but not Commercial Clubs) may apply for a Club Gaming Permit. The Club Gaming Permit will enable the premises to provide gaming machines (3 machines of categories B, C or D), equal chance gaming and games of chance. Members Clubs and Miner’s Welfare Institutes – and also Commercial Clubs – may apply for a Club Machine Permit. A Club Machine Permit will enable the premises to provide gaming machines (up to 3 machines of categories B, C or D). N.B. Commercial Clubs may not site category B3A gaming machines offering lottery games in their club. This licensing authority notes that the Gambling Commission’s guidance states: 25.46 The licensing authority has to satisfy itself that the club meets the requirements of the Act to obtain a Club Gaming Permit. In doing so it will take account of a number of matters
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Page 183 outlined in sections 25.47-25.49 of the Gambling Commission’s guidance (Version 4 due Summer 2012) These include the constitution of the club, the frequency of gaming, and ensuring that there are more than 25 members. A members’ club must be permanent in nature, not established to make commercial profit, and controlled by its members equally. Examples include working men’s clubs, branches of Royal British Legion and clubs with political affiliations". The club must be conducted ‘wholly or mainly’ for the purposes other than gaming, unless the gaming is permitted by separate regulations. The Secretary of State has made regulations and these cover bridge and whist clubs. 22.2 The Guidance also states that licensing authorities may only refuse an application on the grounds that:
• the applicant does not fulfil the requirements for a members’ or commercial club or miners’ welfare institute and therefore is not entitled to receive the type of permit for which it has applied; • the applicant’s premises are used wholly or mainly by children and/or young persons; • an offence under the Act or a breach of a permit has been committed by the applicant while providing gaming facilities; • a permit held by the applicant has been cancelled in the previous ten years; or • An objection has been lodged by the Gambling Commission or the police.
22.3 There is also a ‘fast-track’ procedure available under the Act for premises which hold a Club Premises Certificate under the Licensing Act 2003 (Sched. 12 paragraph 10). As the Gambling Commission’s Guidance for local authorities states: "Under the fast-track procedure there is no opportunity for objections to be made by the Commission or the police, and the grounds upon which an authority can refuse a permit are reduced." and "The grounds on which an application under the process may be refused are:
a) that the club is established primarily for gaming, other than gaming prescribed under schedule 12; b) that in addition to the prescribed gaming, the applicant provides facilities for other gaming; or c) That a club gaming permit or club machine permit issued to the applicant in the last ten years has been cancelled”.
22.4 There are statutory conditions on club gaming permits that no child uses a category B or C machine on the premises and that the holder complies with any relevant provision of a code of practice about the location and operation of gaming machines.
23. Temporary Use Notices 23.1 Temporary Use Notices allow the use of premises for gambling where there is no premises licence but where a gambling operator wishes to use the premises temporarily for providing facilities for gambling. Premises that might be suitable for a Temporary Event Notice, according to the Gambling Commission, would include hotels, conference centres and sporting venues.
23.2 The licensing authority can only grant a Temporary Use Notice to a person or company holding a relevant operating licence, i.e. a non-remote casino operating licence.
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Page 184 23.3 The Secretary of State has power to determine what form of gambling can be authorised by Temporary Use Notices, and at the time of writing this statement the relevant regulations (The Gambling Act (Temporary Use Notices) Regulations 2007) state that temporary Use Notices can only be used to permit the provision of facilities or equal chance gaming, where the gaming is intended to produce a single winner, which in practice means poker tournaments.
23.4 There are a number of statutory limits as regards Temporary Use Notices. The meaning of “premises” in Part 8 of the Act is discussed in Part 7 of the Guidance. As with "premises", the definition of "a set of premises" will be a question of fact in the particular circumstances of each notice that is given. In the Act "premises" is defined as including "any place". In considering whether a place falls within the definition of "a set of premises", licensing authorities will need to look at, amongst other things, the ownership/occupation and control of the premises.
23.5 This licensing authority will normally object to notices where it appears that their effect would be to permit regular gambling in a place that could be described as one set of premises, as recommended in the Guidance.
24. Occasional Use Notices 24.1 The licensing authority has very little discretion as regards these notices aside from ensuring that the statutory limit of eight days in a calendar year is not exceeded. This licensing authority will though consider the definition of a ‘track’ and whether the applicant is permitted to avail him/herself of the notice. This licensing authority will also ensure that no more than eight OUN’s are issued in one calendar year in respect of any venue.
24.2. This licensing authority will adopt a risk based approach towards its enforcement responsibilities for small society lotteries. This authority considers that the following list, although not exclusive, could affect the risk status of the operator:
• Submission of late returns (returns must be submitted no later than three months after the date on which the lottery draw was held) • Submission of incomplete or incorrect returns • Breaches of the limits for small society lotteries 24.3 Non-commercial gaming is permitted if it takes place at a non-commercial event, either as an incidental or principal activity at the event. Events are non-commercial if no part of the proceeds is for private profit or gain. The proceeds of such events may benefit one or more individuals if the activity is organised:
• by or on behalf of a charity or for charitable purposes • To enable participation in, or support of, sporting athletic or cultural activities. 24.4 Charities and community groups should consult this licensing authority on 01********* for further advice.
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Page 185
Appendix 1 – List of Consultees Age UK, 17 Finkle Street, Kendal LA9 4AB
Association of British Bookmakers, Norris House, 4 Norris Street, London
BACTA, Alders House, 133 Aldersgate Street, London
Bangladeshi Caterers Association, London Road, Carlisle
Berwin, Leighton Paisner, Adelaide House, London Bridge, London
Bingo Association, Lexham House, 75 High Street North, Dunstable
British Association of Leisure Parks, Piers & Attractions Ltd, Suite 12, 37 Tanner Street, London
British Beer & Pub Association, London
British Casino Association, 38 Grosvenor Gardens, London
British Greyhound Owners Association, Carshalton
British Holiday and Home Parks Assoc, Great Western Road, Gloucester
British Institute of Innkeeping, Wessex House, 80 Park Street, Camberley
British Transport Police, Carlisle, Cumbria
Business in Sport & Leisure, 17a Chartfield Avenue, Putney, London
CADAS, 92 Stricklandgate, Kendal
Carlisle & District Law Society, Burnetts Solicitors, Carlisle
Carlisle District Pub Watch Scheme, North Cumbria Area Police HQ, Durranhill, Carlisle
Cumbria Volunteer Bureau, 27 Spencer Street, Carlisle
Casino Operators Association, Thorncombe
Citizens Advice Bureau, 5-6 Old Post Office Court, Devonshire Street, Carlisle
Cumberland Newspapers, Dalston Road, Carlisle
Cumbria Chamber of Commerce
Cumbria Constabulary, Chief Officer of Police, Cumbria Constabulary, Busher Walk, Kendal
Cumbria County Council - Children’s Services
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Page 186 Cumbria County Council - Corporate Management
Cumbria County Council - Community Safety Officer
Cumbria County Council - Cultural Policy Unit, Arroyo Block
Cumbria County Council - Education Services
Cumbria County Council - Legal Services
Cumbria County Council - Neighbourhood Development Officer
Cumbria County Council – Safeguarding & Review, New Oxford Street, Workington
Cumbria Disability Network, PO Box 252, Carlisle CA23 6WZ
Cumbria Drugs & Alcohol Team Action Team
Cumbria Fire and Rescue Service, Headquarters, Cockermouth
Cumbria Health & Safety Liaison Group, c/o Emma Brass, Eden District Council
Cumbria Housing Group, Botchergate, Carlisle
Cumbria Tourist Board, Staveley, Kendal
Cumbria Volunteer Bureau, 27 Spencer Street, Carlisle
Done Bros., Spectrum, 56-58 Benson Road, Warrington
Enterprise Inns, Eurobet UK, Working, Surrey
European Entertainment, The Park, Wiltshire
Gala Coral Group, Newcastle House, Nottingham
Gambling premises or licence holders licensed in South Lakeland District Council
Gamcare, St. John’s Hill, London
Gamestec Leisure Limited, Leeds
Hammonds Solicitors, Rutland House, 148 Edmund Street, Birmingham
Hartleys (Ulverston) Ltd, Ulverston, Cumbria
Health & Safety Executive, 2 Victoria Place, Carlisle
HM Revenue and Customs, Glasgow
Ladbrokes PLC, Rayners Lane, Middlesex
Leisure Link, Wetmore Road, Burton on Trent
Local libraries - South Lakeland District – [email protected]
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Page 187 NRU Betting & Gaming, Portcullis House, 21 India Street, Glasgow
NSPCC, 7 Chatsworth Square, Carlisle
NHS Cumbria Trust HQ, Lonsdale Unit, Penrith Hospital, Bridge Lane, Penrith
Polish Association, 24 Wentworth Drive, Carlisle
Poppleston Allen, Licensing Solicitors, The Lace Market, Nottingham
Prize Coin Equipment, Central Avenue, Gretna
Punch Taverns, Jubilee House, Second Ave, Burton on Trent DE14 2WF
Racecourse Association Ltd, Winkfield Road, Ascot
Scottish & Newcastle Pub (Enterprises) Ltd, Newcastle
South Lakeland Community Safety Partnership - email [email protected]
South Lakeland District Council District Councillors
South Lakeland District Council Parish Councils
One South Lakeland Partnership Board – email [email protected]
Tim Farron – MP Acland House, Yard 2 Stricklandgate, Kendal LA9 4ND
Thwaites Inns, Star Brewery, Blackburn
Ukranian Association, 32 Briery Acres, Workington
William Hill Ltd, Wood Green, London
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Page 188 Appendix 2: Responsible Authorities
Business Support Group - Food Safety & Environmental Protection Neighbourhood Services Directorate South Lakeland District Council South Lakeland House Lowther Street Kendal Cumbria LA9 4UD Tel: 01539 733333 Ext 7486 Email: [email protected]
Cumbria Trading Standards South Area Office County Offices Stricklandgate Kendal Cumbria LA9 4RQ Tel: 01539 773577 Email: [email protected]
Chief Officer of Police Cumbria Constabulary Busher Walk Kendal Cumbria LA9 4RJ Tel: 01539 818652 Email: [email protected]
Fire Safety Group Manager Cumbria Fire and Rescue Service B Division Kendal Office Busher Walk Kendal Cumbria LA9 4RH Tel: 01539 722627/797648 Email: [email protected]
Or
Fire Safety Group Manager Cumbria Fire and Rescue Service B Division Head Quarters Phoenix Road Barrow-in-Furness Cumbria LA14 2NS Tel: 01229 821363 Email: [email protected]
Business Support Performance Unit, Children’s Services 5 Portland Square, Carlisle CA1 1PU Email : [email protected]
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Page 189 Development Manager South Lakeland District Council South Lakeland House Lowther Street Kendal Cumbria LA9 4UD Tel: 01539 733333 Email: [email protected]
Yorkshire Dales National Park Authority Yorebridge House Bainbridge Leyburn North Yorkshire Tel: 01969 650456 Email: [email protected]
Lake District National Park Authority Murley Moss Oxenholme Road Kendal Cumbria LA9 7RL Tel: 01539 792609 Email: [email protected]
Director of Public Health/County Medical Officer NHS Cumbria Trust HQ Penrith Hospital Tyne Field Drive Penrith CA11 8JA Tel:01768 245317 Email: Enquiries@cumbria PCT.nhs.uk
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Page 190
Other Useful Addresses
British Beer and Pub Association Market Towers 1 Nine Elms Lane London SW8 5NQ Tel: 0207 627 9191 Email: [email protected] Web: www.beerandpub.com
British Institute of Innkeeping Wessex House 80 Park Street Camberley Surrey GU15 3PT Tel: 01276 684 449 Email: [email protected] Web: www.bii.org
Disability Rights Commission Helpline Freepost MID01264 Stratford Upon Avon CV37 9BR Tel: 08457 622 633 Web: www.drc-gb.org
Equity Guild house Upper Martins Lane London WC2H 9EG Tel: 0207 379 6000 Email: [email protected] Web: www.equity.org.uk
North Cumbria Magistrates Courts Service Rickergate Carlisle CA3 8QH Tel: 01228 51880
Gamcare nd 2 Floor 7-11 St John’s Hill London SW11 1TR Tel: 020 7378 5200 Helpline: 0845 6000 133 Email: [email protected] Web: gamcare.org.uk
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Gamblers Anonymous PO Box 5382 London W1A 6SA Local Meetings: 7.30pm Monday Church of Scotland Chapel Street Carlisle CA1 1JA www.gamblersanonymous.org.uk/question.htm
Money Advice Trust Bridge House 181 Queen Victoria Street London EC4V 4DZ Web: www.moneyadvicetrust.org/home.html
Consumer Credit Counselling Service Wade House Merrion Centre Leeds LS2 8NG Web: www.cccs.co.uk
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Page 192 Appendix 3 - Categories of Gaming Machines
Category of Machine Maximum Stake Maximum Prize A Unlimited Unlimited B1 £2 £4,000 B2 £100 (in multiples of £10) £500 B3A £1 £500 B3 £1 £500 B4 £1 £250 C £1 £70 D – non-money prize (other 30p £8 than a crane grab machine) D – non-money prize £1 £50 (crane grab machine) D – (money prize) 10p £5 D – combined money and non-money prize (other than £8 (of which no more than £5 10p a coin pusher or penny falls may be a money prize) machine) D – combined money and £15 (of which no more than non-money prize (coin pusher 10p £8 may be a money prize) or penny falls machine)
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Page 193 Machine Category
Premises Type A B1 B2 B3 B4 C D Large casino Maximum of 150 machines (machine/table Any combination of machines in categories B to D (except B3A machines),within ration of 5-1 up to the total limit of 150 (subject to machine/table ratio) maximum) Small casino Maximum of 80 machines (machine/table Any combination of machines in categories B to D (except B3A machines), within ration of 2-1 up to the total limit of 80 (subject to machine/table ratio) maximum) Pre-2005 Act Maximum of 20 machines categories B to D (except B3A machines), or any casinos )no number of C or D machines instead machine/table ratio) Betting premises and tracks occupied Maximum of 4 machines categories B2 to D by Pool Betting Maximum of 8 machines No limit on category C or D Bingo Premises in category B3 or B4 machines Adult gaming Maximum of 4 machines No limit on category C or D centres in category B3 or B4 machines Family entertainment No limit on category C or D centre (with machines premises licence) Family No limit on entertainment category D centre (with permit) machines Clubs or miners’ Maximum of 3 machines in categories welfare institutes B3A or B4 to D* with permits 1 or 2 machines of Qualifying alcohol category C or D automatic licensed premises upon notification Qualifying alcohol Number of category C-D licensed premises machines as specified on with gaming permit machine permit No limit on Travelling fair category D machines A B1 B2 B3 B4 C D
• It should be noted that members’ clubs and miners’ welfare institutes are entitled to site a total of three machines in categories B3A to D, but only one B3A machine can be sited as part of this entitlement. Commercial clubs are entitled to a total of three machines in categories B4 to D.
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Page 194 Appendix 4 - Delegation of Functions
Full Regulatory Committee or Matter to be dealt with Officers Council Sub-committee
Final approval of three year X licensing policy Policy not to permit casinos X Fee setting X (when appropriate) Where representations have Where no representations Application for premises been received and not received/representations licences withdrawn have been withdrawn Where representations have Where no representations Application for a variation to a been received and not received/representations licence withdrawn have been withdrawn Where representations have Where no representations Application for a transfer of a been received from the received from the licence Commission Commission Where representations have Where no representations Application for a provisional been received and not received/representations statement withdrawn have been withdrawn Review of a premises licence X Where no objections Application for club gaming/club Where objections have been made/objections have been machine permits made (and not withdrawn) withdrawn Cancellation of club gaming/club X machine permits Applications for other permits X (for more than 4 machines) X (up to 4 machines) Cancellation of licensed premises gaming machine X permits Consideration of temporary use X notice Decision to give a counter notice X to a temporary use notice
X - Indicates at the lowest level to which decisions can be delegated.
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Page 195 Appendix 5 - Map of the District
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Page 196 Cumbria District Councils Appendix 2
GAMBLING ACT 2005 – REVIEW OF STATEMENT OF LICENSING POLICY October 2012 SUMMARY OF PROPOSED AMENDMENTS TO EXISTING POLICY
Cumbria District Councils – Allerdale, Barrow, Carlisle, Copeland, Eden, South Lakeland
AMENDMENTS BY COUNTY LICENSING MANAGERS PRIOR TO CONSULTATION
Paragraph Title/description Proposed amendment Reason number Page 197 General Minor word changes throughout document To correct inaccuracies 7.5 Enforcement Para 7.5 - Include information regarding test purchase Advice from LG Regulation operations 9.4 Premises licence Para 9.4 - Include the 6 indicators of betting as a primary Advice from LG Regulation gambling activity 9.8 Premises licences Para 9.8 - Include betting shops Omitted from previous policy
18.2 Reviews Para 8.2 - Insert new paragraph Advice from LG Regulation
22.1 Club Gaming Para 22 - Paragraph reworded In accordance with regulations
24.1 Occasional Use Notice Para 24 - Include additional wording Advice from LG Regulation Cumbria District Councils
RESPONSES FOLLOWING CONSULTATION – October 2012
Doc. No. Respondent Proposed amendment Recommendation
1 Racecourse Association a) Para 9.13 - Request that we acknowledge that a) No action required - racecourses cannot be transferred to another location. Legislation does not allow a Limited b) Para 9.20 - Councils are asked to ensure that transfer of location, a new conditions do not exceed those premises licence location would mean a new conditions in mandatory and default conditions. premises application. c) Para 9.26 - Do not impose further conditions regarding b) No action required - We door supervisors. cannot accede to this as a
Page 198 d) Para 15.9 - Racecourses do not provide betting committee hearing may machines impose additional e) Para 15.10 - May not be practical to print rules on race conditions. cards but will be displayed in line with conditions c) No action required - We f) Para 17.4 - Amend wording as it implies tracks should cannot accede to this as a hold an operating licence to apply for a provisional committee hearing may statement. impose additional conditions. d) No action required - Agreed, but licensed operators may provide betting machines on tracks. e) No action required – Noted f) Agreed, wording amended
2 Anonymous telephone a) Para 13.2 – The eight B3 per Bingo premises no a) Amend para in accordance longer applies. with regulations.
Item No.13
PART I
South Lakeland District Council CABINET COUNCIL Cabinet Date: 28 th November 2012 Council Date: 18 th December 2012 Report Author: Eilidh Lee, Procurement and Contracts Manager Portfolio: Cllr David Evans – Policy, Performance & Resources Report from: Shelagh McGregor, Assistant Director (Resources) Wards affected: All Forward Plan: Not applicable Sustainable Procurement and Commissioning Strategy 1.0 PURPOSE OF REPORT 1.1 This report is presented to consider a revised Sustainable Procurement and Commissioning Strategy. The Strategy sets out how the procurement function will improve through a more strategic approach, balancing the delivery of sustainable outcomes with value for money. 2.0 RECOMMENDATIONS It is recommended that:- (1) Cabinet recommend Council approve the Sustainable Procurement and Commissioning Strategy and Action Plan; and (2) Council approve adoption of the Sustainable Procurement and Commissioning Strategy and Action Plan across the organisation. 3.0 BACKGROUND 3.1 Spending cuts across the public sector have placed local authorities under increasing pressure to deliver value for money through more efficient processes. Meanwhile, the importance of delivering sustainable outcomes (encompassing social, economic and environmental factors) through public procurement has featured heavily on the national agenda with introduction of the Localism and Social Value Acts ensuring this is further integrated in the procurement process. 3.2 The Government has identified ‘intelligent procurement’ as essential to achieving this in compliance with our legal obligations.
Page 199 3.3 In response the Council has continued to develop the procurement function with a Procurement and Commissioning Strategy currently in place. However, it is considered that in order to better meet corporate objectives and reflect change in national policy drivers a fresh approach needs to be adopted. 4.0 RESEARCH AND CONSULTATION 4.1 A revised Sustainable Procurement and Commissioning Strategy has been produced to address recent change. It places emphasis on increased consultation with other organisations, developing a greater understanding of the needs of the community and further engagement with the local supplier base. 4.3 In ensuring a well-rounded approach with full commitment from stakeholders, consultation has taken place with other local authorities and various internal service areas including Financial Services, Economic Development, Policy and Partnerships, Legal Services and Communications. Also, in conjunction with the Equality Impact Assessment, AWAZ offered comments which are reflected in the Strategy. 5.0 PROPOSAL 5.1 It is proposed that the Sustainable Procurement and Commissioning Strategy and Action Plan are adopted in full. The Strategy endeavours to address four priorities: • Efficient and Effective Procurement Practices • More Sustainable Procurement • Managing Communication and Key Relationships • Developing Skills and Seeking Improvement 5.2 The detailed and ambitious Action Plan is included with the Strategy to drive improvement across the procurement function. 6.0 ALTERNATIVE OPTIONS 6.1 The alternative option is to continue working towards the current Procurement and Commissioning Strategy. However, in supporting the Corporate Plan and taking into account changes to the public procurement landscape it is felt a more focussed, flexible and target-driven Strategy is required. 7.0 NEXT STEPS 7.1 The Procurement Team will be primarily responsible for success of the Strategy and accompanying Action Plan. However, as detailed, a Procurement Working Group will be formed to support delivery and ensure a well-rounded approach responsive to internal and external change. 7.2 Some improvement of the procurement function has already taken place in line with the ambitions of the Strategy but it is intended that the Strategy will formally cover the time period from January 2013 until December 2015. 7.3 Over this time period benefits are anticipated for: • The South Lakeland community through increased involvement and consideration in procurement decisions
Page 200 • Local suppliers as a result of more proactive engagement, encouraging participation and enabling them to compete effectively in public procurement exercises • The council with more streamlined, effective procurement processes delivering greater value for money • The environment with further consideration given to ‘green’ issues in our procurement practices.
8.0 IMPLICATIONS 8.1 Financial and Resources 8.1.1 There are no direct financial implications although cashable and non-cashable efficiency savings are envisaged through improvements across the procurement function. 8.2 Human Resources 8.2.1 The two posts in the Procurement Team are on secondment basis until May 2013. Effort will be made at the end of the secondment period to ensure the changes do not impact on delivery of the Strategy. 8.3 Legal 8.3.1 The Strategy is written in compliance with the EU Procurement Directives, Public Contracts Regulations and all other related legislation whilst reflecting the EU Treaty-based principles. 8.4 Social, Economic and Environmental Impact 8.4.1 Has a sustainability impact assessment been carried out? Yes 8.4.2 This proposal is considered to have a positive impact on sustainability. 9.0 RISK ASSESSMENT Risk Consequence Controls required Targets in the Action The Strategy is not A Working Group will be Plan are not met delivered in full formed to ensure all targets are met in a timely manner and to a high standard A lack of commitment The Strategy is not Members and officers from Members and delivered in full have been consulted and officers will continue to be on an ongoing basis to ensure meaningful outcomes 10.0 EQUALITY AND DIVERSITY 10.1 An Equality Impact Assessment has been completed and is attached. The Strategy is considered to be in full compliance with Equalities Legislation.
Page 201 11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 11.1 The Corporate Plan is echoed throughout the Strategy and is linked to the following areas: • Our approach will encompass both existing and new ways of working • Delivering services that are value for money • Involving our communities in decision making that affects their neighbourhoods • Enhancing the environment in which we live • Improving our community’s health and wellbeing • Creating opportunities for economic growth • A partnership approach to better achieving community priorities 12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 It is anticipated that commitment from Members, officers and stakeholders will drive forward delivery of this Strategy. Successful implementation will facilitate a cross-functional approach and an improved procurement function which will ultimately enable the authority to demonstrate leadership in public procurement. APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Sustainable Procurement and Commissioning Strategy 2 Strategy Action Plan 3 Equality Impact Assessment 4 Sustainable Impact Assessment CONTACT OFFICERS Eilidh Lee, Procurement and Contracts Manager, ext. 7213, [email protected] Helen Smith, Financial Services Manager, ext. 7217, [email protected] BACKGROUND DOCUMENTS AVAILABLE Report to CMT, 16 th August 2012 TRACKING Assistant Portfolio Solicitor to the CMT Scrutiny Director Holder Council Committee * * * * Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer * * Human Resource Services Manager *
Page 202 Sustainable Procurement and Commissioning Strategy – APPENDIX 1 PURPOSE OF APPENDIX 1 The purpose of this Appendix is to consider the revised Sustainable Procurement and Commissioning Strategy.
South Lakeland District Council
Sustainable Procurement & Commissioning Strategy
2013-2016
‘There should be a commitment from the top of each council (leader, chief executive, procurement champion) to procurement excellence by managing it strategically and resourcing it adequately’
- National Procurement Strategy, October 2003
1. Introduction
This Strategy represents the Council’s procurement aims and objectives for the next three years as an important phase in realigning the procurement function. As a corporate approach to procurement continues to develop across the organisation, the Strategy will capture the most appropriate elements of best practice in structure, policy and procedure, and will remain sufficiently flexible to respond to both internal and external change.
The Council has a duty to provide high quality services through legal and ethical means that reflect the needs of the community and demonstrate value for money; effective procurement is crucial to the delivery of this.
This document sets out a framework for the Council’s strategic approach to procurement.
Procurement and Commissioning
Procurement is defined as the process of acquiring goods, works and services and covers the full lifecycle from the initial concept to the end of useful life of an asset or service. It has a wider scope than ‘purchasing’ or ‘buying’; as a public authority it concerns securing products and services that best meet the needs of the community whilst taking into account the fundamental principles of efficiency, economy and effectiveness.
Commissioning can be defined as securing services that essentially address the needs and wishes of the service user as determined through research and planning.
Page 203 Procurement and commissioning are interrelated functions that at a basic level combine the identification of a need through stakeholder and customer engagement with the ultimate goal of sourcing the most appropriate delivery option based on the intended outcome. Throughout this Strategy the term ‘procurement’ will encompass both concepts.
SLDC’s Vision and Values
South Lakeland District Council is committed to making South Lakeland ‘the best place to live, work and visit’ through involving our communities in decision making and providing services that deliver value for money’. The procurement function has a significant role to play in this with the Council’s values for excellence, openness and valuing people realised through responsible and innovative procurement.
There is a substantial challenge ahead with the current economic climate placing public sector finance under increasing pressure and scrutiny. In response, obtaining value for money and creating opportunities for economic growth will be at the forefront of all procurement activity. As an enabling authority this is fundamental to our business processes.
This Strategy is informed and supports the values and priorities of the Corporate Strategy in full. It will be continually reviewed to reflect the evolving needs of the Council.
Purpose of the Strategy
The purpose of the Sustainable Procurement and Commissioning Strategy is to provide a framework for a strategic approach to procurement throughout the Council. It re-emphasises the importance of procurement decisions and will be communicated widely to Members, officers, partners, suppliers, stakeholders and the community.
It is designed to ensure compliance with existing procurement legislation, predominantly the EU Procurement Directives, and reflects all related legislation and national policy drivers including the Social Value Act, Localism Act, advances in Equalities legislation, National Procurement Strategy, Transformational Government Agenda, the ‘Roots’ Review and the Sustainable Task Force’s Report ‘Procuring the Future’.
Emphasised is the continuing importance of sustainable procurement; using procurement to support wider social, economic and environmental objectives in a way that offers real long term benefits. The Strategy is constructed to highlight our commitment to a more sustainable district, and to enable us to demonstrate improvement in delivering sustainable outcomes through effective procurement practices.
Ultimately the Strategy paves the way for the Council’s contribution to the broader public procurement landscape – one which promotes the needs of the South Lakeland community, fosters innovation and efficiency, and uses procurement to develop and shape the local economy.
Intelligent procurement is vital not only in improving the quality and cost effectiveness of services across the district, but in demonstrating the type of authority the Council wants to be and shaping how we are perceived by our stakeholders.
Page 204 2. Procurement in Context
To ensure continual development of the procurement function it is vital we understand the wider context and the resulting implications.
National Context
Above specified financial thresholds the Council is governed by legislation set out in the EU Procurement Directives and enforced nationally by the Public Contracts Regulations. Despite a greater degree of flexibility beneath the financial thresholds there continues to be a legal obligation to comply with the EU Treaty based principles of non-discrimination, equal treatment, transparency, mutual recognition and proportionality. This is accompanied by other relevant legislation including the Freedom of Information Act 2000, Data Protection Act 1998, Equalities Act 2010, Localism Act 2011 and the Social Value Act 2012.
In addition there are a number of national priorities such as the National Procurement Strategy and the 2004 Gershon Report ‘Releasing Resources to the Front Line’ alongside the more recent ‘Roots’ Review and HM Treasury Operational Efficiency Programme 2009. All impact significantly on the future of public procurement, recognising it as playing a critical role in improving services and enhancing community development.
The Council’s approach will adopt best practice in complying with legislation, supporting the national agenda and utilising tools such as the Sustainable Task Force’s Flexible Framework to embed sustainability as a core business consideration.
Local Context
Procurement at South Lakeland District Council is governed by the Council Constitution, predominantly the Contract Procedure Rules and Financial Regulations, and all other internal policy and procedure. It also supports the Cumbria Third Sector Compact and the various regional procurement initiatives across the North West.
The Council understands that in addition to national drivers, local factors are of primary importance in ensuring positive results for the South Lakeland community.
Partnership Working
South Lakeland District Council recognises the benefits of working with partner organisations and is involved in a formal procurement arrangement with Eden District Council. It is intended that this relationship will be further developed over time in a way that is mutually beneficial.
The Council is also a member of EPiC (Effective Procurement in Cumbria),a collaborative procurement arrangement across Cumbria which includes the County Council, the six District Councils, the NHS, Cumbria Constabulary and the Lake District National Park Authority.
Going forward it is intended that the Council will work closer with partners and other organisations to optimise service delivery and stimulate economic growth.
Page 205 3. Our Commitment
The needs of the community will be a fundamental to the decisions we make with innovative and agile procurement practices adopted to support the local economy and deliver more sustainable outcomes.
In order to maintain the Council’s reputation and reflect the expectations we have of our suppliers all procurement activity will be undertaken to the highest standards of probity and professionalism. Members and officers will not only be fair and ethical, but will avoid conduct that is capable of being placed under adverse interpretation.
Procurement will therefore be undertaken in compliance with the following principles:
All procurement activity will comply with the EU Treaty and Procurement Directives, UK Legislation, the Council Constitution and all other relevant policies and procedures
The Council will undertake procurement activity using the most efficient and effective methods and will select the most appropriate delivery mechanisms to ensure value for money
All procurement activity will include due consideration of social, economic and environmental factors and will be assessed on whole life costing
Robust contract management will support improved service delivery through continuous improvement in the quality of goods, works and services
Procurement will be fair, open and transparent and undertaken to the highest standards of probity, integrity, honesty and professionalism
4. The Council’s Procurement Priorities: Objectives and Targets
Coordinated and focussed procurement activity will enable the procurement function to proactively support the delivery of corporate objectives:
Enhance the environment in which we live
Working to achieve environmentally and socially sustainable outcomes
Improve our community’s health and wellbeing
Providing real value for money for the residents of South Lakeland through our procurement decisions
Working in a way which is environmentally and socially responsible
Engaging with the community and working to understand their needs
Provide homes to meet need
Supporting service areas in key procurement activity
Page 206 Create opportunities for economic growth
Providing the local supply base with the tools to successfully bid for work
Encouraging local suppliers to participate in procurement activity
Specifying our requirements to have the most positive impact on the local economy and community
Conducting procurement exercises in a fair, transparent manner to take into account all local suppliers
The Procurement Team will also actively contribute towards delivering:
One South Lakeland – Identifying opportunities to work in partnership with different organisations in order to optimise service delivery
Localism – Representing the district in all our decisions and speaking up for South Lakeland’s interests locally, regionally and nationally
A Sustainable Council – Ensuring our procedures and practices are efficient, effective and agile with a view to achieving value for money
In order to support the Council’s ambitions this Strategy includes the following priorities which will be addressed over the next 3 years:
4.1 Efficient and Effective Procurement Practices
Spending public money requires high levels of probity and accountability with resources used efficiently and effectively in order to provide quality services. To ensure standards are met, a strategic approach to procurement that values innovation and creativity will be undertaken with principles of economy, efficiency and effectiveness at the centre.
Value for Money The Local Government Act 1999, which was later reinforced by the Best Value Statutory Guidance 2011, placed a duty on all Local Authorities to secure Best Value, with strategy and good procurement skills widely recognised as essential to delivering value for money. In ensuring this is supported the procurement function will place a greater focus on whole-life costing and will conduct full analysis of the Council’s spend profile to identify areas for improvement. Further integration of procurement expertise into the options appraisal process will ensure a comprehensive evaluation of service delivery options (including shared services, outsourcing, in-house provision and all other potential means of service delivery) and alignment of procurement outcomes to the needs of the community. Meanwhile continual review and refinement of procurement practices will reduce duplication and maximise use of resource. Contract Management With effective contract management critical to the success of any service arrangement all contracts will be subject to robust performance monitoring with relationship management at the centre.
Page 207 Monitoring arrangements will continue to be strengthened; the importance of Key Performance Indicators will be highlighted, evidencing improvements through sustainable outcomes will be built upon and demonstrable continuous improvement will become a core requirement of all contracts.
Meanwhile focus will be placed on developing the skills required for a consistent approach to contract and relationship management. The results from monitoring arrangements and our relationships with suppliers will act as a measurement of the effectiveness of the procurement function and inform future procurement decisions.
E-Procurement
South Lakeland District Council will continue to use advances in technology to improve the efficiency and effectiveness of its procurement function where it is cost effective to do so and there is a clear return on investment.
The Council has embraced the modernisation of the procurement function in recent years through implementation of a comprehensive range of tools and systems. These will be utilised more effectively to identify and deliver savings, streamline processes for the Council and its suppliers, and generate timely management information.
Legislative and Regulatory Requirements
As a result of the current economic climate and increased awareness across the supply base legal challenges against public procurements are increasing. Complying with legislation and fairness of decision making minimises the risk of challenge and the related financial implications, thus reducing delays to projects and protecting the Council’s reputation.
To ensure compliance we will maintain a well-informed procurement function and will regularly review our policies and practices in order to meet statutory requirements whilst continuing to conduct ourselves in a fair, open and transparent manner.
Objectives
To ensure the capabilities of the procurement function are optimised we will:
1. Minimise administrative costs in the establishment and management of contracts 2. Undertake procurement in a more structured manner with advanced planning at the forefront 3. Consistently deliver value for money through our procurement decisions 4. Consider alternative approaches to service delivery in meeting the needs of the community 5. Facilitate continuous improvement that is proportionate to risk and value through contract management and performance monitoring 6. Stimulate the supply base to encourage creative solutions and added value to our requirements
Page 208 4.2 More Sustainable Procurement
‘Sustainable Procurement is a process whereby organisations meet their needs for goods, services, works and utilities in a way that achieves value for money on a whole life basis in terms of generating benefits not only to the organisation, but also to society and the economy, whilst minimising damage, or indeed improves the environment.’
- ‘Procuring the Future’ Sustainable Procurement Task Force, June 2006 It is recognised that our procurement decisions carry significant socio-economic and environmental implications; locally and globally, now and for future generations.
South Lakeland District Council is committed to achieving sustainable outcomes through skilful management of the procurement process and will endeavour to accomplish this in conjunction with obtaining value for money. With a more focused effort towards sustainable procurement we can provide a clear direction for future activity.
Economic Development
Strengthening the local economy is fundamental to sustainable procurement; thriving businesses provide employment and training opportunities which in turn increase the wellbeing of our community.
In encouraging the economic development of South Lakeland it is vital that we offer better access to public sector contracts and fully engage with the local supplier base to contribute to the creation of a varied and competitive marketplace that offers fairness of opportunity to Small Medium Enterprises (SMEs), Third Sector Organisations and all local businesses. The procurement function is particularly concerned with promoting skills development, improving the quality of service delivery and providing local organisations with the tools to compete effectively.
Local suppliers currently provide a wide range of goods, works and services to the Council with 2011/12 spend data showing 37% of the Council’s suppliers based in Cumbria and 29% in South Lakeland. It is anticipated that this will be built upon whilst still adhering to the UK and EU principles of equality, non-discrimination and mutual recognition.
Sustainable Communities
Intelligent procurement can capture innovation from a diverse supplier base and realise wider social benefits ranging from the creation of employment and training opportunities to supporting ethical trading in the supply chain.
The Council will consider the social impact of its procurement decisions more fully by involving the community wherever possible and investigating new ways to deliver services which will enhance the local environment and promote social inclusion.
Furthermore we will work with our suppliers to deliver improvements in their social and environmental impact and in turn their overall contribution to the district’s sustainable development.
Page 209 Environmental Management
With increasing awareness of climate change the Council is committed to ensuring services are delivered in a way that protects the environment and minimises adverse impacts on community well-being. To achieve this it is necessary that environmental and broader sustainability considerations are taken into account throughout the procurement process.
Our environmental impact will be considered in all procurement projects, and the monitoring of contractors and partners. In identifying potential areas of improvement we will execute whole life analysis, considering product lifecycles in full – from the extraction of raw materials, to product manufacture and distribution, to use and ultimate disposal.
Objectives
The Council is committed to undertaking procurement activity in a socially and environmentally responsible manner and will, therefore:
1. Adopt a more sustainable approach taking into account social, economic and environmental considerations with due regard to obtaining value for money in all procurements 2. Ensure Council procurements are not restrictive and offer fair opportunity to local businesses, SMEs, newly formed businesses and third sector organisations 3. Work proactively with partners to support and encourage the development of local businesses, SMEs, newly formed businesses and third sector organisations 4. Improve the prosperity of the district by increasing training opportunities, apprenticeships and job creation through procurement activity 5. Reduce the negative environmental impact of the Council’s goods and services, and support the Council’s commitment to carbon reduction 6. Ensure the needs of the South Lakeland community are identified and incorporated in key procurement exercises 7. Consider the overall impact of our procurement activity on society in its widest sense
4.3 Managing Communication and Key Relationships
Nationally and corporately, stronger links are encouraged with the public, private and voluntary sectors as a way of providing more flexible and cost effective services. Additionally, the relationships we develop are imperative in further enhancing the profile of the Council and its procurement function.
Partnership Working
Working with partnering organisations and other local authorities widens access to skills and opportunities whilst reducing administrative burdens and repetitive processes.
The Council is committed to exploring a diverse range of options in providing quality services and recognises the opportunity to build upon joint working arrangements in order to encourage and develop relationships. We will seek to engage with external bodies to consult, share good practice, learn from experiences and develop good working relationships which allow for innovation and success in the pursuit of long-term goals.
Page 210 Consulting the Community
Keeping the needs of the community at the forefront of all procurement activity will result in improved service delivery and increased customer satisfaction.
Proactive engagement will lead to greater understanding of local needs and will enable us to deliver services that reflect the wishes of the wider community. By involving users in building specifications we will ensure that our communities are involved in the decision making that affects their neighbourhoods.
Engaging with Suppliers
Our suppliers have a key role to play in the delivery of services to those who live, work and visit South Lakeland. To meet the needs of the district successfully and help develop an increasingly varied and competitive marketplace we intend to engage with the supplier base more effectively.
Strong understanding and communication between buyer and supplier before, during and after procurements will be fundamental to our processes.
Internal Communications
Robust internal communication is essential to the success of a co-ordinated, strategic approach to procurement. Successful delivery of this Strategy is dependent on commitment from Members and officers at all levels across the Council.
Objectives
In developing our relationships with our stakeholders we will:
1. Provide a single, easily accessible source of procurement information and advice 2. Strengthen relationships and consider new ways of working with partnering organisations in a way that is mutually beneficial 3. Ensure engagement and meaningful dialogue with the supplier community prior to, during and following all procurement activity 4. Ensure proactive community engagement and meaningful consultation to drive improvement
4.4 Developing Skills and Seeking Improvement
Delivering improvement through procurement activity is dependent upon sufficient resource, clear direction and prioritisation at a senior level, and the continual development of staff involved enabling them to address change.
Developing Skills
Intelligent procurement requires skilled officers to carry it through. The Council will continue to ensure that there is sufficient ability and professional expertise to deliver this strategy, and will furthermore, build skill and capacity amongst Council officers to aid the development of innovative procurement practices.
Page 211 Ultimately, we will seek to empower officers across the Council in their procurement activity and ensure that key personnel have the necessary skills and knowledge to employ best practice and obtain value for money.
Seeking Improvement
In order to support this Strategy it is vital that good practice is shared across all service areas and common standards are adopted. Continual improvement and innovation across the Council is essential if we are going to exceed customer expectation and deliver improved quality within budget.
Going forward we will seek to increase standards of performance through the implementation of a category management approach. By definition this is the development of an in-depth understanding of all aspects of given categories of goods and services to enable optimum sourcing strategies to be developed and to accomplish market specialist capability and knowledge. It promotes strategic focus on category performance, maximises the potential to obtain value for money and offers greater control over on-going supplier performance.
Enabling those with the relevant responsibilities to undertake procurement activity effectively will allow for the development of a long term, sustainable procurement function.
Objectives
In developing a sustainable and effective procurement function we will:
1. Constantly compare ourselves against leading authorities and organisations, and create a culture of continuous improvement by challenging ourselves to be the best
2. Provide professional support, advice and informed knowledge to members and officers on procurement matters in order to contribute to the wider Corporate Plan
3. Raise procurement standards across the Council and our partners throughout the contract lifecycle, with specific emphasis on contract management to ensure the full benefits of procurement are realised
5. Embedding Delivery
In keeping with the ambitions of the Corporate Strategy and the emphasis placed on public sector procurement by the Government, this Strategy sets high standards for the Council. Delivery will require commitment and willing from Members, officers and suppliers if the South Lakeland community is to truly benefit.
Procurement Working Group
The high level overview of the Council’s procurement effort and delivery of this strategy will be undertaken by the Procurement Working Group. It will generally be concerned with:
The adoption, implementation and regular review of the Sustainable Procurement & Commissioning Strategy, ensuring that it is aligned with, and supports the Council’s corporate objectives
Page 212 Interpreting national trends and initiatives in procurement practices
Contract Monitoring Group
To re-enforce our commitment to continual improvement through robust contract management a Contract Monitoring Group will be formed. The group will rely on the participation of all officers who monitor key contracts and arrangements across the Council, and will look at developing current contract monitoring procedures, share best practice and ensure a more pragmatic approach to contract management.
6. Monitoring and Review
Attached to this Strategy is an Action Plan that sets out the necessary milestones to travel from our current position to where we intend to be. To ensure success the Action Plan needs to be implemented and supported corporate-wide.
The Council’s Procurement and Contracts Manager will take ownership of the Strategy with overall responsibility for maintaining, monitoring and developing it. A Procurement Working Group consisting of representatives from key service areas will also be established to facilitate delivery and support development.
Monitoring
The measurable targets detailed in the Action Plan will be placed on the Council’s performance management system which will be utilised to monitor progress and demonstrate transparency and accountability. This will be updated in line with any developments of the Strategy in support of continuous improvement across the procurement function.
Progress against the Strategy will be reported to Senior Management quarterly and Cabinet annually. Alignment with corporate rules and objectives, and compliance with legislation will be monitored by the Procurement Team and the Procurement Working Group.
Review
The Sustainable Procurement and Commissioning Strategy will be continually reviewed to ensure it meets the needs of all stakeholders including elected members, officers, public and private sector partners, local and third sector organisations, and the South Lakeland community.
In addressing the fast pace of change in local government the Council will adopt a more innovative approach to procurement built on an ethos of continuous improvement.
Page 213 Sustainable Procurement and Commissioning Strategy – APPENDIX 2 PURPOSE OF APPENDIX 1 The purpose of this Appendix is to consider the Action Plan for the Sustainable Procurement and Commissioning Strategy.
7. Action Plan
The following action plan details the way forward in developing the Council’s procurement function:
4.1 Efficient and Effective Procurement Practices
Objective Action/Target Completio n Date
1. Minimise administrative costs Utilise technology to improve March 2013 in the establishment and access to management management of contracts information and to support the transparency of our processes Review current practices with a November view to eliminating unnecessary 2013 actions and improving process and transactional efficiency Use e-tendering system for all February opportunities over £2.5k 2014
Reduce number of suppliers by December 10% on 2012 baseline 2015 Reduce off-contract expenditure December by 15% on 2012 baseline 2015 2. Undertake procurement in a Reduce retrospective orders to June 2013 more structured manner with a maximum average of 5% per advanced planning at the month forefront Adopt a Tender Schedule to be April 2013 signed off by Assistant Directors on an annual basis to aid forward planning Include the management of risk February as an integral part of the 2014 procurement process with Risk Registers prepared for all key procurement exercises Deliver £80k of annual efficiency Ongoing savings in conjunction with other service areas 3. Consistently deliver value for Conduct a thorough spend February money through our analysis identifying opportunities 2013 for strategic sourcing and
Page 214 procurement decisions aggregation Develop procedure for lifecycle October costing in the evaluation 2013 process Award all contracts on criteria March 2014 which emphasises value for money and whole life costing rather than lowest price Review and improve current August arrangements for agency staff 2014 and consultants Consider introduction of a March 2014 maximum contract term 4. Consider alternative Include procurement support October approaches to service delivery and advice at an early stage in 2013 in meeting the needs of the options appraisals to maintain community an unbiased approach Include an appraisal of service April 2014 delivery options, costs and procurement (including sustainability) risks in Business Cases for capital projects Challenge existing methods of December service provision 2014 Produce guidance and formalise February procedure in preparation for the 2013 first Localism ‘Right to Challenge’ window 5. Facilitate continuous Cement performance monitoring January improvement that is criteria to reflect and support 2014 proportionate to risk and value corporate values and key objectives through contract management and performance monitoring 6. Stimulate the supply base to Reflect sustainability and September encourage creative solutions equalities considerations in 2013 and added value to our contract monitoring requirements arrangements Increase the use of ‘Outcome May 2014 Specifications’ to allow for more innovation in proposals Link to Corporate Aims and Objectives:
Our approach will encompass both existing and new ways of working Delivering services that are value for money
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4.2 More Sustainable Procurement
Objective Action/Target Completio n Date
1. Adopt a more sustainable Having due regard to December approach taking into account sustainability and the local 2015 and social, economic and economy repackage all major ongoing environmental considerations contracts on renewal to further with due regard to obtaining benefit the South Lakeland value for money in all community and bring them in procurements line with best practice
Achieve Level 5 of the December Sustainable Task Force’s 2015 Flexible Framework
2. Ensure Council procurements Increase awareness of April 2014 are not restrictive and offer a tendering opportunities by fair opportunity to local advertising all opportunities over businesses, Small Medium £10k on e-tendering portal Review processes to ensure December Enterprises (SMEs), newly consistency across the 2013 formed businesses and third organisation sector organisations Ensure Specifications and/or May 2013 Conditions are not overly restrictive in all procurement activity Increase proportion of suppliers December based in the district to 35% by 2015 December 2015 Invite local businesses to May 2014 register an expression of interest in supplying certain services to the Council in order to alert them of any future tenders that may be of interest to them
Review minimum evaluation July 2014 criteria in line with the Contract Procedure Rules
3. Work proactively with partners Provide guidance and support Ongoing to support and encourage the through an ongoing supplier until development of local engagement and training December
Page 216 businesses, Small Medium programme to provide local 2015 Enterprises (SMEs), newly suppliers with the transferable formed businesses and third skills to bid for opportunities sector organisations successfully
Conduct an Annual Supplier Ongoing Survey to obtain feedback on Council procurement processes Work with suppliers to develop December sub-contracting opportunities for 2015 local organisations as appropriate Develop an Early Payment April 2014 Scheme with a view to reducing the payment time for all suppliers who opt in Work in liaison with business December support organisations and other 2013 public sector bodies to support local suppliers 4. Improve the prosperity of the Incorporate a full assessment of January district by increasing training community benefits in the tender 2014 opportunities, apprenticeships process and job creation through our procurement activity 5. Reduce the negative Specify where possible and June 2014 environmental impact of the reasonably practicable the use Council’s goods and services, of environmentally sound materials, products and and support the Council’s processes commitment to carbon Offer support to suppliers in February reduction investigating and developing 2014 environmentally friendly procedures and products Develop environmental February purchasing guidelines 2014 Reduce the negative impact of November transportation when purchasing 2013 goods and services Conduct ‘whole-life cost’ October evaluations 2015 6. Ensure the needs of different Include procurement April 2014 communities are identified and considerations in the annual incorporated in key Budget Consultation procurement exercises Identify the needs of the December community through increased 2015 engagement and encapsulate in specifications, evaluation criteria and contract monitoring for all key contracts 7. Consider the overall impact of In line with the Social Value Act January 2012 consider in detail the 2013
Page 217 our procurement activity on social implications of all society in its widest sense procurements over £60k Include evaluation of ethically January sourced products in all relevant 2014 procurements Link to Corporate Aims and Objectives:
Our approach will encompass both existing and new ways of working Involving our communities in decision making that affects their neighbourhoods Enhancing the environment in which we live Improving our community’s health and wellbeing Creating opportunities for economic growth
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4.3 Managing Communication and Key Relationships
Objective Action/Target Completio n Date
1. Provide a single, easily Review and refocus the June 2013 accessible source of Procurement Toolkit to maintain procurement information and a clear code of practice for use advice across SLDC
Update and maintain website to September provide comprehensive 2013 guidance to suppliers on how to do business with the Council Maintain and publish a single, April 2013 comprehensive Contracts Register in compliance with the Transparency Agenda Guidance 2010 2. Ensure early engagement and Achieve minimum 85% ‘good’ or December meaningful dialogue with the ‘excellent’ supplier satisfaction 2015 supplier community prior to, rates for procurement services during and after procurement from Annual Supplier Survey Provide training, support and August activity information regarding tendering 2013 procedures and contract opportunities
Provide unsuccessful bidders October with detailed feedback and the 2013 opportunity for a follow up meeting following all procurement exercises
3. Strengthen relationships and Participate in more joint activities June 2014 consider new ways of working with other authorities with partnering organisations in countywide, regionally and a way that is mutually nationally as a means to beneficial generating savings and efficiencies through pooling our buying power
Identify and promote February collaborative opportunities 2015 where benefits can be obtained
Open up availability for other March 2014 interested public bodies in all
Page 219 major procurement activity 4. Ensure proactive community Seek feedback on an annual December engagement and meaningful basis from customers over 2015 consultation to drive Council services available improvement Involve users in design of October specifications and quality 2014 standards for all new service contracts Link to Corporate Aims and Objectives:
Our approach will encompass both existing and new ways of working A partnership approach to better achieving community priorities Involving our communities in decision making that affects their neighbourhoods Enhancing the environment in which we live Improving our community’s health and wellbeing Creating opportunities for economic growth
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4.4 Developing Skills and Seeking Improvement
Objective Action/Target Completio n Date
1. Constantly compare ourselves Further develop experience in October against leading authorities and legal matters to provide 2013 organisations, and create a comprehensive legal support to culture of continuous service areas throughout the improvement by challenging procurement process and ourselves to be the best reduce risk to the Council
Source training and awareness Ongoing sessions to ensure alignment with nationally considered best practice Monitor the performance of the Ongoing procurement function to ensure all objectives are achieved to a high standard 2. Provide professional support, Review Contract Procedure May 2013 advice and informed Rules to reflect Strategy and knowledge to members and Social Value Act 2012 officers on procurement Develop the procurement pages August on the intranet in conjunction 2013 matters in order to contribute to with the Procurement Toolkit the wider Corporate Plan into a more useful resource for officers Attend team meetings to May 2013 strengthen the procurement profile and brief officers on changes as a result of the Strategy
3. Raise procurement standards Undertake a skills audit of those February across the Council and our involved in procurement and 2014 partners throughout the commissioning activity contract lifecycle, with specific emphasis on contract Provide a range of training January management to ensure the full modules to support the 2015 benefits of procurement are development of skills and realised knowledge to meet responsibilities
Implement category December management principles to 2015 maximise efficiency from
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Link to Corporate Aims and Objectives:
Our approach will encompass both existing and new ways of working Delivering services that are value for money
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Sustainable Procurement and Commissioning Strategy – APPENDIX 3 PURPOSE OF APPENDIX 1 The purpose of this Appendix is to inform Cabinet and Council of the impact the Strategy will have on equalities.
Step 1
Summarise the subject and expected outcomes of this EIA. This EIA is to assess the impact of the procurement function and, in particular, the revised Sustainable Procurement and Commissioning Strategy. It hopes to ensure that the approach detailed in the Strategy takes into full account issues around equalities and that the action plan is well-rounded in addressing these.
The purpose of the strategy is to set out a corporate framework for how the Council will conduct its procurement of goods, works and service based around the following priorities: - Efficient and Effective Procurement Practices - More Sustainable Procurement - Managing Communication and Key Relationships - Developing Skills and Seeking Improvement
Who are your main stakeholders and list any engagement undertaken (include surveys, feedback forms, complaints, statistics etc). The Procurement Strategy will impact on Council Members and officers, current and potential suppliers, partners, stakeholders and the community as a whole.
We have consulted internally with our Portfolio Holder, Financial Services, Legal Services to ensure we are in compliance with legislation, Policy and Partnerships to ensure alignment with corporate policy including sustainability and equalities, Economic Development to create a stronger link to the local business community, and Communications to ensure a consistent and far-reaching message is being delivered.
Page 223 Step 2
Equality Action Plan
In providing this service will Mitigating actions (to Lead Officer Complete there be any negative avoid negative impact): & Y/N impacts on the following When people? 1. Age (young and old) 2. Black and Minority Ethnic 3. Disabled 4. Faith/Belief 5. Sexual Orientation 6. Gender 7. Gender reassignment 8. Pregnancy and maternity 9. Marriage and Civil Partnership 10. People in rural areas
(See glossary below for definitions)
No direct negative impact but Publish procurement Procurement actions are in place to support procedures in South and Contracts a positive impact and avoid Lakeland News Manager – April any indirect negative impact. 2013 Introduce scoring in the Procurement Equalities section of tender and Contracts documentation Manager – March 2013 Reflect sustainability and Procurement equalities considerations in and Contracts contract monitoring Manager – arrangements September 2013 Identify the needs of the Procurement community through and Contracts increased consultation and Manager – encapsulate in December 2015 specifications, evaluation criteria and contract monitoring for all key contracts Involve users in design of Procurement specifications and quality and Contracts standards for all new Manager – service contracts October 2014
Page 224 Annual Supplier Survey Procurement Y and Contracts Manager – Ongoing Seek feedback on an Procurement annual basis from and Contracts customers over services Manager – available December 2015
Step 3
Examples of good equality practice you have put in place (For example, all venues used are accessible for people with mobility, hearing and sight impairments) - Ongoing and flexible support to suppliers in preparing tenders to assist with any obstacles and ensure a ‘level playing field’ - Ongoing monitoring of the size, type and locality of suppliers winning contracts and participating in procurement exercises - A standard approach to feedback adopted to ensure all suppliers are privy to the same level of information - Supplier Briefings to take place in October/November 2012 which have been widely advertised to capture all suppliers who may be interested but are not on our supplier list. The Briefings are designed as part of a programme in providing a diverse range of suppliers with the tools to bid for work. - Utilising the North West e-tendering portal, The Chest to ensure a consistent, accessible and non-discriminatory approach to procurement. - Revising our procurement documents to allow for greater understanding of our requirements across our diverse supplier base and lead to a less resource intensive process in preparing a submission. - More proactive consultation across the different South Lakeland Communities with Procurement to be involved in the annual Budget Consultation Process, to ensure everyone’s needs are reflected. - A Quick Payment Scheme to be adopted in support of Small Medium Enterprises (SMEs) so that financial concerns won’t deter them from tendering against larger firms. - A robust approach to equalities to be included in the contract monitoring procedure to ensure the council’s good practice filters through and requirements are maintained. - Our Guidance and Strategy documents will be made available in various formats to address visual impairments and language barriers. - Work with various business organisations to ensure the details of our procurement processes and any message of change is far-reaching
Date: 10 th September 2012 EIA Author(s): Eilidh Lee Assistant Director: Shelagh McGregor
Page 225 Document version number: 1.0 Date for Review: December 2013 EIA forwarded to Policy Officer Yes
Page 226 Sustainable Procurement and Commissioning Strategy – APPENDIX 4 PURPOSE OF APPENDIX 1 The purpose of this Appendix is to inform Cabinet and Council of the impact the Strategy will have on sustainability. Impact Area Summarise the Positive Summarise the Negative Summarise the Neutral Impact Impact (and any mitigating Impact measures taken)
Health and Well - A more proactive approach to being community consultation in defining specifications and in seeking feedback on the services provided in order to better
Page 227 reflect the community in our procurement decisions. Access Improved access will be granted There is a potential negative impact to suppliers through a more in that procurement documentation consistent approach to tendering will continue to only be available in and use of an e-tendering portal. English. However, any inconvenience Council procurement processes this may cause will be mitigated will be communicated widely and through ongoing support offered to ongoing support offered through all suppliers. publications and consultation with business support organisations. Biodiver sity Addressing environmental factors in purchasing will assist in maintaining the quality of the local landscape Impact Area Summarise the Positive Summarise the Negative Summarise the Neutral Impact Impact (and any mitigating Impact measures taken)
Built environment Addressing environmental considerations through smart procurement of works contracts will have a positive impact on the quality of the built environment. Air , water, land and Further integrating soil quality environmental considerations into the procurement process will Page 228 have a positive impact on the use of natural resources with an Environmental Purchasing Guide to be produced to tackle specific issues. Greenhouse gas Action will be taken to reduce emissions, energy carbon emissions through the efficiency, procurement process with renewable energy transport and delivery distance and adapting to becoming an ongoing factor for future climate consideration in relevant change impacts procurement exercises Natural resources Waste and recycling will be considered in relevant procurement processes with a committed approach lifecycle/whole-life costing adopted Impact Area Summarise the Positive Summarise the Negative Summarise the Neutral Impact Impact (and any mitigating Impact measures taken)
Local economy Development of the local economy is a key objective with Community Benefits included in all significant and relevant procurements. The Council will use its buying power to stimulate growth by encouraging apprenticeships, training and employment through its procurement. Access to business
Page 229 opportunities will be widened in support of all local organisations with an ongoing supplier engagement programme adopted. The Procurement Strategy is based on the ethos that in supporting local suppliers we must give them the tools to compete effectively. Skills, education and Training and apprenticeships will training be encouraged through relevant procurements. A priority in the Strategy is also internal development based around training and supporting officers to empower them in their procurement responsibilities.
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Page 230 Item No.14
PART I
South Lakeland District Council COUNCIL Meeting Date: 18 December 2012 Report Author: Debbie Storr, Director of Policy and Resources Portfolio: Leader Report from: Chief Executive Wards affected: All Key Decision: Not applicable Key Decision Not applicable Notice: Establishing a Police and Crime Panel in Cumbria 1.0 PURPOSE OF REPORT 1.1 Following the Police Reform and Social Responsibility Act 2011 each police area in England (other than the metropolitan police district) is required to establish a Police and Crime Panel to publically scrutinise the new Police and Crime Commissioner (PCC). 1.2 This report outlines the development of the Cumbria Police and Crime Panel and details proposed arrangements for this Panel and its membership. 2.0 RECOMMENDATIONS It is recommended that Council:- (1) Note the development of the Cumbria Police and Crime Panel and its composition; and (2) Agree the arrangements for the Cumbria Police and Crime Panel as set out in Appendix 1. 3.0 BACKGROUND 3.1 Police and Crime Panels (PCPs) are scrutinising bodies which exist to scrutinise the PCC (not the Chief Constable or Police Force), to promote openness in the transaction of police business and also to support the PCC in the effective exercise of their functions. 3.2 The PCP will have a number of functions including:
o Contributing to the development of the Police and Crime Plan (on which it is a statutory consultee);
Page 231 o Reviewing the PCC’s annual report; o Reviewing the PCC’s proposed senior appointments (including Chief Constable, Chief Executive, Chief finance Officer and Deputy Police and Crime Commissioner) with a power of veto over the appointment of Chief Constable; o Reviewing the PCC’s proposed precept with a power of veto over the issue; o Receiving evidence in person from officers of the PCC’s secretariat; o Receiving evidence and scrutinising the PCC, making reports and recommendations on matters relating to the PCC as appropriate. o Carrying out investigations into decisions made by the PCC and into topics of particular interest, or public concern; and o A role in investigating complaints about non-criminal behaviour of the PCC.
3.4 PCPs are to be a joint committee consisting of elected Members from each local authority in the area. The minimum Panel size is 10 Elected Members plus two independent co-optees.
3.5 In Cumbria, it was agreed to establish a Panel at the minimum size. At the Council meeting on 19 June 2012 members nominated a representative (Councillor Graham Vincent) to serve on the Panel until May 2013 and agreed to continue to appoint on an annual basis from May 2013.
4.0 RESEARCH AND CONSULTATION 4.1 Final membership of the Panel until May 2013 has now been confirmed as being:
Member Representative Political Party Steven Bowditch Labour Barry Doughty Labour Geoff Garrity Labour Celia Tibble Labour Roger Bingham Conservative Joe Cowell Conservative Sid Simpson Conservative Graham Vincent (SLDC member) Liberal Democrat Jo Stephenson Liberal Democrat David Wilson Independent Co-optee Co-optee
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5.0 PROPOSAL 5.1 As part of the ongoing development work around this Panel, the process for appointing Member representatives will be reviewed before May 2013 when the annual appointments across the County will take place. Any proposed changes to the process will be brought to Council for consideration. 5.2 The Panel has met once as a Shadow Board and will hold its first formal meeting on 17 December 2012 at the Fire Service HQ in Penrith. Subsequent meetings are scheduled for 22 January 2013 and 10 April 2013. 5.3 At its initial meeting in shadow form the Panel considered its terms of reference and rules of procedure. The full arrangements for the Panel have now been developed and will be taken to each Cumbria Local Authority’s Full Council for agreement. These arrangements are attached at Appendix 1 for Members consideration. 5.4 Members are asked to note the development of the Cumbria Police and Crime Panel and to agree the arrangements for this new body. 6.0 ALTERNATIVE OPTIONS 6.1 There are no alternative options. 7.0 NEXT STEPS 7.1 As outlined in the report, the new Cumbria Police and Crime Panel will begin its formal role in December 2013. All Elected Members and co-opted members have now been appointed and initial training sessions have been held. 8.0 IMPLICATIONS 8.1 Financial and Resources 8.1.1 There are no direct implications arising from this report. 8.2 Human Resources 8.2.1 Not applicable. 8.3 Legal 8.3.1 The Council has to act in accordance with the Police Reform and Social Responsibility Act 2011. 8.4 Social, Economic and Environmental Impact 8.4.1 Has a sustainability impact assessment been carried out? No 8.4.2 This proposal is considered to have a neutral impact on sustainability. 9.0 RISK ASSESSMENT Risk Consequence Controls required Not appointing a The Council will not be Work with authorities and representative or acting in accordance with agree relevant agreeing terms of the legislation. appointments reference
Page 233 10.0 EQUALITY AND DIVERSITY 10.1 There are no issues to raise in this report. 11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 11.1 None directly 12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 That Members agree the arrangements for the Cumbria Police and Crime Panel. APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Cumbria Police and Crime Panel – Panel Arrangements CONTACT OFFICERS [email protected] BACKGROUND DOCUMENTS AVAILABLE The Police Reform and Social Responsibility Act 2011 TRACKING Assistant Portfolio Solicitor to the SMT Scrutiny Director Holder Council Committee N Y Y Y N Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer N N 18.12.12 Y Y Human Resource Services Manager N
Page 234 Appendix 1
Cumbria Police and Crime Panel – Panel Arrangements
Background
The Panel is a joint Committee under section 101 and 102 of the Local Government Act 1972.
The 7 local authorities making up the Cumbria Police and Crime Panel and adopting these constitutional arrangements are:
Allerdale Borough Council Barrow in Furness Borough Council Carlisle City Council Copeland Borough Council Eden District Council South Lakeland District Council Cumbria County Council
Membership
The Panel comprises 10 elected members and two, independent, co- opted members.
Terms of Reference
The Panel will hold the elected Police and Crime Commissioner to account and will seek to work in a constructive manner with the post holder with a view to supporting the effective exercise of his/her functions within Cumbria.
1. To review and make reports or recommendations on the draft police and crime plan, or draft variation, given to the Panel by the Police and Crime Commissioner which the Commissioner must take into account, and to publish the reports or recommendations.
2. To review, put questions to the Police and Crime Commissioner at a public meeting, and make reports or recommendations (as necessary) on the Commissioner’s annual report, and to publish the reports or recommendations.
3. To hold a public confirmation hearing and review, make reports and recommendations (as necessary) in respect of proposed senior appointments (Chief Executive, Chief Finance Officer and Deputy Police and Crime Commissioner) made by
Page 235 Appendix 1
the Police and Crime Commissioner and to publish the reports or recommendations.
4. To hold a public confirmation meeting to review and make reports on the proposed appointment of the Chief Constable including, if necessary, the use of the power of veto by a two thirds majority of the current membership of the Panel and to publish the reports.
5. Upon receiving written notification from the Commissioner of his/her intention to call upon the Chief Constable to retire or resign to make recommendations to the Commissioner as to whether or not such resignation or retirement should be called for.
6. To consult the Chief Inspector of Constabulary (where necessary) and hold a private meeting which the Chief Constable and Commissioner may attend to make representations about the requirement to resign or retire and to publish the recommendations made to the Commissioner.
7. To review and make reports and recommendations (as necessary) on the proposed precept including, if necessary, the use of the power of veto by a two thirds majority of the current membership of the Panel and to publish the reports or recommendations.
8. To review or scrutinise decisions or proposals made, or other action taken, by the Police and Crime Commissioner in connection with the discharge of the Commissioner’s functions, which may be in the form of reports or recommendations to the Commissioner which must be published.
9. To fulfil functions in relation to complaints about the Commissioner on conduct matters, in accordance with the responsibilities accorded to the panel by the Police Reform and Social Responsibility Act 2011.
10. To appoint an Acting Police and Crime Commissioner if necessary, where the Commissioner is incapacitated, resigns or is disqualified or suspended.
11. To suspend the Police and Crime Commissioner if it appears to the Panel that the Commissioner has been charged in the United Kingdom, the Channel Islands or Isle of Man with an
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offence that carries a maximum term of imprisonment exceeding two years.
12. To delegate, to the extent that it wishes to do so and so far as permitted by law, areas of work to a sub-committee or working group.
13. To require the Commissioner and his or her staff to attend meetings to give evidence in accordance with statute when deemed necessary for the Panel to discharge its functions.
14. Following a requirement made by the Panel for the Commissioner to attend a meeting, it may request the attendance of the Chief Constable at that meeting to answer questions which the Panel feels are necessary for the discharge of its functions.
15. To require the Commissioner to respond in writing within a specific timescale to any report or recommendation made by the Panel to the Commissioner.
16. To undertake any other such functions as are conferred upon the Panel by the Police Reform and Social Responsibility Act 2011 and any subsequent regulations made under the Act.
Rules of Procedure
The Panel shall determine its Rules of Procedure (in accordance with the statutory requirements and regulations).
The Rules of Procedure shall include arrangements in relation to: a) the appointment, resignation and removal of the Chairman and Vice- Chairman; b) the appointment of sub-committees; c) the appointment of Task Groups; c) the making of decisions; e) the circulation of information; f) the frequency, timing and place of meetings; g) public participation; and h) minority reporting.
Elected Members
Each of the above mentioned authorities shall appoint annually one member as its representative on the Panel to hold office for the following municipal year, with no provision for substitution. All such
Page 237 Appendix 1
appointments shall be notified to the host authority no later than 31 May in each year. Each Authority will give consideration to the ‘balanced objective requirement’ in its annual appointment process. Where possible, an Authority will give consideration to continuity of membership to enable the Panel’s expertise and skills to be developed for the effective scrutiny of the Police and Crime Commissioner.
After each Authority has appointed one elected Member to sit on the Panel, (this will fill 7 of the 10 places allocated to elected Members, and will ensure that there is geographical balance) the political make up of the Panel as it stands will be examined by the host authority against how an ideally balanced panel would look using the proportionality criteria specified in the Police and Social Responsibility Act and associated guidance. If as a result of this review one or more seats should be allocated to an Independent (Non-Aligned) member then the host authority shall write to all of the Independent Elected Members in Cumbria seeking expressions of interest in serving on the Panel. Once these nominations have been received the Independent Members will then vote on those Members who have put themselves forward as possible candidates. The successful candidate will then be officially nominated to the Panel through their own authority (District or County Council).
The County Council will then nominate three members (or two if the political balance of the Panel results in a seat for an Independent Councillor) to provide for a politically balanced Panel as far as possible.
Membership of the Panel ceases if a member ceases to be a member of the appointing local authority.
In the event that an Authority does not appoint a Member in accordance with these requirements, the Secretary of State will appoint a Member from the Authority to the Panel in accordance with the provisions in the Act.
Independent Co-opted Members
Two independent persons will also be co-opted to the Panel, with no provision for substitution. Their term of office shall be 4 years and no co-opted member shall serve more than 2 full terms. After this time the positions will be re-advertised.
If an independent co-opted member ceases to be a member through removal, resignation or some other means, the Panel will seek a replacement member through the process as described in
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these arrangements. The new appointment will be for the remainder of the term.
The following shall be disqualified from being appointed, and from being a co-opted Member if so appointed: a) the PCC for the police area; b) a member of staff of the Police and Crime PCC for the area; c) a member of the civilian staff of the Police Force for the area; d) a Member of Parliament; e) a Member of the National Assembly for Wales; f) a Member of the Scottish Parliament; g) a Member of the European Parliament; h) a member of the uniformed Police Force for Cumbria; i) a member of one of the 7 local authorities in Cumbria
A co-opted Member shall be a Member of the Panel for four years. The maximum time length that a co-opted member may serve for is two terms.
The appointments of co-opted Members shall be undertaken in accordance with the following principles: a) The appointment will be made on merit of candidates whose skills, experience and qualities are considered best to ensure the effective functioning of the Panel. b) The selection process must be fair, objective, impartial and consistently applied to all candidates who will be assessed against the same pre -determined criteria. c) The selection process will be conducted transparently with information about the requirements for the appointment and the process being publicly advertised. d) The selection process will endeavour to encourage applications from candidates which reflect the breadth of communities in the Thames Valley and will welcome applications from all eligible people irrespective of gender, ethnic origin, religious belief, sexual orientation, disability, age or other factor.
Costs of the recruitment process shall be met from within the existing budget approved by the Panel. Costs will be minimised by utilising existing networks and advertising online through the national public appointments website, rather than by paid advertisement in newspapers.
A co-opted Member of the Panel may resign from the Panel by, giving at least three months written notice to the host authority. In
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exceptional circumstances the Panel may agree to a shorter notice period.
Where a co-opted Member resigns from the Panel or is removed from the Panel following a decision of the Panel, the Panel shall ensure that a replacement is sought as soon as possible.
Resignation and removal of elected members on the Panel
An Authority may decide in accordance with its procedures to remove its Member from the Panel at any time and upon doing so shall give written notice to the host authority of the change in its Member.
A Member may resign from the Panel at any time by giving notice to the appointing Council who will inform the host authority.
In the event that any Member resigns from the Panel, or is removed from the Panel by his or her Authority, the Authority shall immediately take steps to nominate and appoint an alternative Member to the Panel, applying the considerations given above.
Where a Panel Member fails to attend meetings of the Panel over a six month period then the host authority shall recommend to the relevant Authority that due consideration is given to removing the member from the appointment to the Panel and the appointment of a replacement member from that Authority.
Allowances and Expenses
No allowance will be made by the Panel to elected members. Any expenses which may be made to elected members arising out of Panel Membership shall be determined and borne by the host authority.
The Host Authority, on behalf of the Panel will reimburse reasonable expenses to co-optees provided that this is agreed as part of the annual budget approved by the Panel.
Meetings, Agendas and Reports
Meetings may be held in any part of Cumbria, but will usually be held at 10.30 a.m. at The Courts, Carlisle or County Offices, Kendal.
The host authority will be responsible for ensuring that agendas, summons and papers are sent out that comply with the requirements of the Local Government Act 1972. The notice of
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meeting and summons will be signed by the Proper Officer of the host authority.
The presumption is that all formal items will be considered in public except for those that meet the Part II confidentiality criteria of Schedule 101A of the Local Government Act 1972. Part I reports, agendas and minutes will be published on the dedicated webpage provided by the host authority, to which other authorities are invited to provide a link.
The press and public may be excluded from any part of a meeting when the Panel passes a resolution to that effect, when it considers that exempt information may be given or discussed and that it considers the public interest in keeping the information out of the public domain greater than the public interest in disclosing it. A Part I summary of any such discussions shall be included in the minutes.
Members are under an obligation not to disclose any confidential or exempt information that they obtain as a member of the Panel when it has been made clear to them that the information is not in the public domain.
Reports to the Panel must make reference to statutory or legal provisions to which the Panel must have regard.
Standards
Elected Members, will be bound by the code of conduct of their appointing authority. Co-opted members will be bound by the code of conduct of the host authority
Host Authority
The Panel shall agree a Host Authority for the Secretariat for the Panel, which shall provide such scrutiny, legal, financial, administrative and other support as is reasonably required to enable the Panel to undertake its functions within the resources agreed by the Panel.
Cumbria County Council shall act as the initial Host Authority until such time as either:
(a) The Panel resolves at its annual meeting (held in June of each year) that another Authority should carry out this function, provided that such other Authority agrees. In which case, the function will be transferred twelve months after the Panel decision unless a shorter period is agreed between Cumbria
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County Council (or the existing Host Authority) and the new Host Authority; or
(b) Cumbria County Council serves notice that it no longer wishes to be the Host Authority and this function is transferred to another Authority in which case, a twelve month notice period will apply, unless a shorter period is agreed between Cumbria County Council and the new Host Authority
Resources
All Home Office funding for the Panel will be received and administered by the host authority.
The total costs of running the Panel shall be contained within the Home Office funding although any local authority may provide additional funding or other resources to support the work of the Panel.
An annual budget report shall be submitted to the Panel by the host authority.
Constitutional and other specialist support will be provided by the host authority, together with creation and maintenance of a website, issuing press releases (with the agreement of the Chairman), and administration of the payroll for member allowances. Additional services can be commissioned as needed, subject to funding being available. All constituent local authorities will be encouraged to provide a link from their websites to the Panel website.
The host authority will be responsible for the payment of travelling expenses of members, either the price of a second class public transport ticket (receipts must be provided) or a car mileage rate at the current HMRC level. The Proper Officer of the host authority may, with the agreement of the Panel Chairman, authorise any Panel member to attend relevant conferences or training courses and for this to be paid for at the subsistence rates available from the host authority, within available funding.
Promotion of the Panel
The Panel shall be promoted and supported by the Host Authority through:
(a) The inclusion of dedicated webpages on the work of the Panel, with the publication of meeting agendas; minutes; and papers
Page 242 Appendix 1
where those papers are public, in line with the rules of procedure and legal obligations under the Local Government Act 1972 . All reports and recommendations made, with responses from the PCC will be published. Information on member attendance and other publications will be included.
(b) Media and communications support provided by the corporate communications team, this includes the issuing of press release where required.
(c) Clerking support to be provided for all public Panel meetings. This includes sending out agendas; minutes; procedural advice.
(d) Legal advice where required for the Panel to carry out its duties effectively.
(e) Independent policy advice to the Panel through a dedicated scrutiny officer, this includes written and oral briefings to Panel members.
The costs of the promotion work identified above will be identified as part of the annual budget approved by the Panel.
The Panel shall be promoted and supported by each Authority through:
(a) Ensuring that briefings take place for local stakeholders on the work of the Panel. This includes officer briefings to respective members in each authority to support the work of the Panel (executive/non-executive members including Panel member) on a regular basis to ensure that members are fully informed about local relevant matters.
(b) Information on each respective website about the work of the Panel and links to the main web-pages.
(c) Sharing of information on the work of the designated statutory Crime and Disorder Scrutiny Committee in order to ensure that the work programme of the Panel complements local scrutiny work and vice-versa.
Training
The host authority will organise at least one training session on an annual/two yearly basis, to coincide with appointments to the Panel
Page 243 Appendix 1
and will provide advice and guidance to any new member appointed.
Urgent Action
If, in the view of the host authority’s Proper Officer, a decision within the Panel’s remit is sufficiently urgent that it cannot wait for the next meeting of the Panel and it is not in the public interest that the matter should be delayed, then the host authority’s Proper Officer may decide the matter in consultation with Chairman of the Panel. The action taken will be reported to the next meeting of the Panel. This paragraph does not empower the Proper Officer to take any decision on a matter which is reserved by law to the Panel. All urgent decisions will be reported, in writing, to the next Panel meeting.
Validity of Proceedings
The validity of the proceedings of the Panel shall not be affected by a vacancy in the Membership of the Panel or a defect in appointment.
Page 244 Item No.15
PART I
South Lakeland District Council COUNCIL Meeting Date: 18 December 2012 Report Author: Claire Marsh, Electoral Services Manager Portfolio: Not applicable Report from: Director of Policy and Resources (Monitoring Officer) Wards affected: All Key Decision: Not applicable Key Decision Notice : Not applicable COMMUNITY GOVERNANCE REVIEW 1.0 PURPOSE OF REPORT 1.1 This report sets out the requirements to undertake a Community Governance Review (CGR) of the District’s parishes and their electoral arrangements to ensure effective and convenient local government at parish level, reflecting the communities in the area, in accordance with the Local Government and Public Involvement in Health Act 2007. 2.0 RECOMMENDATIONS It is recommended that Council: (1) agrees to conduct a Community Governance Review in accordance with the Local Government and Public Involvement in Health Act 2007, for the whole of the South Lakeland District; (2) agrees to the proposed Timetable and Terms of Reference of the Community Governance Review as set out in Appendices 1 and 2; (3) authorises the Director of Policy and Resources (Monitoring Officer) to take all necessary steps in relation to the Review keeping members up to date with progress. 3.0 BACKGROUND 3.1 The Local Government and Public Involvement in Health 2007 Act (“the 2007 Act”) transferred full responsibility for parish reviews, now called Community Governance Reviews, to principal councils in England. A review of parishes in South Lakeland is overdue and following completion of the recent Cumbria Electoral Review it would seem an appropriate time to engage with the parish councils and communities within the District to conduct a full review of parishes and their electoral arrangements.
Page 245 3.2 In December 2010, Council authorised the Corporate Director (Monitoring Officer) to undertake a CGR at an appropriate time in the near future and this report brings forward the Timetable and Terms of Reference for the Review. 4.0 RESEARCH AND CONSULTATION 4.1 The Review would be undertaken in accordance with Chapter 3 of the 2007 Act and the Guidance on Community Governance Reviews (March 2010) provided by the Department for Communities and Local Government Boundary Commission for England. Other information provided by local authorities who have previously undertaken such reviews has also been taken into account. The proposed Timetable is attached as Appendix 1 and the Terms of Reference are attached as Appendix 2. 4.2 Currently there are 57 town/parish councils within the District and 13 parish meetings. The Council must as part of the Review consult with local people and take into account any representations made in connection with the Review. The Review must ensure that the proposed community governance reflects the interests and identities of the community. It must also make certain that the arrangements are effective and convenient for the electors of that community. 4.3 The Cumbria Association of Local Councils (CALC) are aware of these proposals and will be consulted at regular stages with their input being an important aspect to ensure any potential changes are realistic and practical. The Review will also have regard to the localism and neighbourhood planning agenda and a corporate approach will be adopted involving the relevant services across the Council.
5.0 PROPOSAL 5.1 A CGR will consider the creation, abolishing, merging or altering of parish councils and any subsequent electoral arrangements. New parishes may be created as a result of the geography of an area, the make-up of the local community, or sense of identity. All parishes must fall within the existing District boundary. 5.2 Each parish council must have a minimum of 5 parish councillors and there is no maximum. Consideration may be given to reducing the number of parish councillors where any long standing vacancies remain unfilled. 5.3 Warding for larger parish and town councils should be considered for the practicalities and convenience of voting. 5.4 To implement the outcome of the CGR the Council will be required to draw up a Re-Organisation Order with accompanying maps and widely publish these changes. The electoral arrangements for a new parish or changes to a parish come into force at the first parish council election following the Order. 5.5 Following the recent Cumbria Electoral Review, the results of which will take effect at the County Council elections scheduled for 2 May 2013, it was felt appropriate for the District’s CGR to proceed over the coming year. The final recommendations of the Cumbria Electoral Review includes some amendments to the parish electoral arrangements of Kendal which the CGR may, or may not, wish to amend. Amendments cannot normally be made, however, until five years after the end of any review but application can be made to the Local
Page 246 Government Boundary Committee for England in certain circumstances if it is deemed necessary. 5.3 If the CGR was delayed until 2014, it would coincide with local elections and European Elections, along with the commencement of Individual Electoral Registration. 5.4 Once a CGR has commenced it must be completed within a 12 month period and the proposed Timetable is attached as Appendix 1 showing a commencement date of January 2013. 5.5 It is proposed the Director of Policy and Resources (Monitoring Officer) be authorised to take all necessary steps in relation to the Review in consultation, as appropriate, with regular updates to members on progress. 6.0 ALTERNATIVE OPTIONS 6.1 Although the Timetable in Appendix 1 is on the basis that the Review commences in January 2013, the Review could be commenced at a later date. 7.0 NEXT STEPS 7.1 If the recommendations are approved the CGR will start in January 2013 and will following the stages set out in the Timetable. 8.0 IMPLICATIONS 8.1 Financial and Resources 8.1.1 There is minimal budget provision for the Review to assist with postage costs and advertisements, otherwise it is anticipated that any other costs in respect of the Review will be found within existing budgets. 8.2 Human Resources 8.2.1 There will be staff resource involved in undertaking the Review and various teams across the council will contribute to the work of the Review. However, the extra workload will not incur any additional staffing resources. 8.3 Legal 8.3.1 The Review will be undertaken with respect to all relevant legislation. 8.4 Social, Economic and Environmental Impact 8.4.1 Not applicable. 9.0 RISK ASSESSMENT Ri sk Consequence Controls required CGR not undertaken in Review delayed and may Manage process to 2013 lead to challenge around ensure Review can be timescales undertaken in accordance with the project plan Where changes required Ensure support provided it would result in those to parishes where parishes unable to appropriate function effectively
Page 247 10.0 EQUALITY AND DIVERSITY 10.1 An Impact Assessment has not been undertaken at this stage but will be considered as part of the CGR. 11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 11.1 Not applicable. 12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 That Members receive the report and agree the recommendations. APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Timetable for the South Lakeland Community Governance Review 2 Terms of Reference for the South Lakeland Community Governance Review
CONTACT OFFICERS Debbie Storr, Corporate Director (Monitoring Officer) & Electoral Registration Officer, 01539 717429, [email protected] Claire Marsh, Electoral Services Manager, 01539 797536, [email protected] BACKGROUND DOCUMENTS AVAILABLE Local Government and Public Involvement in Health Act 2007 and relevant Guidance on Community Governance Reviews Model Terms of Reference as provided by Melvin Humphreys, AEA Trainer TRACKING Assistant Portfolio Solicitor to SMT Scrutiny Director Holder the Council Committee 5.12.12 N/A 5.12.12 29.11.12 N/A Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer N/A N/A 18.12.12 5.12.12 5.12.12 Human Resource Services Manager N/A
Page 248 APPENDIX 1
COMMUNITY GOVERNANCE REVIEW 2013
Timetable
Stage Action Timescales Dates Commencement Terms of Reference are January 2013 published and stakeholders notified with clear definition of remit of Review Preliminary Local briefings and meetings One month January 2013 to Stage February 2013 Stage One Initial submissions invited from Three February 2013 to stakeholders on future months May 2013 arrangements under the Terms of Reference Stage Two Consideration of submissions Two months May 2013 to received July 2013 Draft Recommendations Prepared Draft Recommendations to be considered by Council Stage Three Draft Recommendations Three July 2013 to published and stakeholders months October 2013 notified Further consultation with stakeholders Stage Four Consideration of final Two months October 2013 to submissions received December 2013 Final Recommendations prepared Final Recommendations December 2013 published concluding the review Final Recommendations to be considered by Council and decision made on arrangements with resolution to make a Re- organisation Order Re-organisation Order made One month January 2014 later
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Page 250 APPENDIX 2
SOUTH LAKELAND DISTRICT COUNCIL
COMMUNITY GOVERNANCE REVIEW 2013
TERMS OF REFERENCE
A review of parishes under the Local Government and Public Involvement in Health Act 2007
INTRODUCTION
Background
South Lakeland District Council has resolved to undertake a Community Governance Review (CGR) of the whole of the District.
In undertaking the Review, the Council will be guided by Part 4 of the Local Government and Public Involvement in Health Act 2007 (referred to as ‘the 2007 Act’), the relevant parts of the Local Government Act 1972, Guidance on CGRs, issued in accordance with Section 100(4) of the Local Government and Public Involvement in Health Act 2007, by the Department of Communities and Local Government and the Local Government Boundary Commission for England in March 2010. Also the following Regulations which guide, in particular, consequential matters arising from the Review: Local Government (Parishes and Parish Councils) (England) Regulations 2008 (SI2008/625); Local Government Finance (New Parishes) Regulations 2008 (SI2008/626). (The 2007 Act transferred powers to principal councils which previously, under the Local Government Act 1997, had been shared with the Electoral Commission’s Boundary Committee for England.)
Section 81 of the Local Government and Public Involvement in Health Act 2007 requires the Council to publish its Terms of Reference in a Review, clearly setting out the focus of the Review. This document will fulfil this requirement.
The Council is also required to have regard to Guidance on CGRs issued by the Secretary of State for Communities and Local Government. This Guidance was published in March 2010 and has been carefully considered when drawing up the Terms of Reference and timetable.
What is a Community Governance Review?
A CGR can be a review of the whole, or part, of the District to consider one or more of the following:-
• Creating, merging, altering or abolishing parishes; • The naming of parishes and the style of any new parishes; • The electoral arrangements for parishes, i.e. the ordinary year of election, council size, the number of councillors to be elected to the council and parish warding; and • Grouping of parishes under a common parish council or de-grouping parishes.
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Page 251 A CGR must:-
• Reflect the identities and interests of the communities in that area; and • be effective and convenient.
Consequently, a CGR must take into account:-
• the impact of community governance arrangements on community cohesion; and • the size, population and boundaries of a local community or parish.
Why undertake a Community Governance Review?
A CGR provides an opportunity for principal councils to review and make changes to community governance in their areas. Such reviews can be undertaken when there have been changes in population or in reaction to specific, or local new issues to ensure that the community governance for the area continues to be effective and convenient and reflects the identities and interests of the communities involved.
The Government has emphasised that any recommendations made in a CGR should bring about improved community engagement, more cohesive communities, better local democracy and result in improved effective and convenient delivery of local services and this Council will take all these factors into account as part of this review.
Government guidance also states that it is good practice to conduct a full CGR at least every 10- 15 years and keep the area under review in the meantime.
This Council believes that parish councils play an important role in terms of community empowerment at local level and wishes to ensure that parish governance in the District continues to be robust, representative and able to meet any future challenges. Furthermore, it wishes to ensure that clarity and transparency exist at this level of governance and that the electoral arrangements of all parishes are appropriate, equitable and understood by their electorate.
This Council has not undertaken a full review of this type since around 1984, and although various amendments have been made to parish arrangements during this time, it is thought appropriate to undertake a full review to ensure that either current arrangements are effective or to recommend any changes to improve effectiveness in any particular area.
During this review the Council will take into account the relevant guidance and legislation and will consider each case on its merits and on the basis of information and evidence provided during the course of the review.
Who will undertake the Community Governance Review?
As a principal council, the District Council is responsible for undertaking any CGR in its electoral area.
The Council will approve the final recommendations before a Community Governance Order is made. 2
Page 252 Who to contact in respect of the Review?
Main contacts in respect of the CGR are Simon McVey, Assistant Director (Customer Focus), who can be contacted on ext.7231 or by email [email protected] and Claire Marsh, Electoral Services Manager, on 01539 797536 or [email protected].
CONSULTATION
How the Council proposes to conduct consultations during the Review
The Council has drawn up and published this Terms of Reference document, which provides the aims of the review, the legislation that guides the process, and the points that the Council views as important in this process.
Before making any recommendations or publishing final proposals, the Council will take full account of the views of local people and will comply with the statutory consultative requirements by:-
• Consulting local government electors for the area; • Consulting any other person or body (including a local authority) which appears to the Council to have an interest in the review; • Notifying and consulting with Cumbria County Council; • Taking into account any representations received in connection with the review; • Notifying consultees of the outcome of the review; and • Publishing all decisions taken and the reasons for such decisions.
Information about each stage of the review will be published on the Council’s website with key documents available to view at South Lakeland House, Kendal, and the Town Hall, Ulverston. Press releases or adverts will be published where appropriate. The Council will also make use of the online consultation database to enable comments to be made online as well as in writing.
Review Timetable
A CGR must, by statute, be completed within a 12 month period from the day on which it commences. The CGR begins when the Council publishes its Terms of Reference and concludes when it publishes the recommendations made in the review.
The timetable is attached as Appendix 1.
ELECTORATE FORECASTS
The electorate and electorate forecasts for South Lakeland District Council
The Council has used the Register of Electors 2012/13 published on 16 October 2012 to provide existing parish and parish ward electorate figures (Appendix 2).
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Page 253 In considering the electoral arrangements of the parishes in the area, the Council must consider any likely future change in the number or distribution of electors within five years from the day the review commences.
Electorate forecasts have been prepared using all available information using current planning permissions and the Local Plan and will be made available to all interested parties as early as possible in the review process (Appendix 3).
PRESENT STRUCTURE OF PARISHES AND THEIR ELECTORAL ARRANGEMENTS
Present structure of parish governance in South Lakeland
The whole of South Lakeland is already parished with no unparished areas. Appendix 2 to this document shows the existing parish structure including parishes, parish wards, councils or meetings, current electorate, number of councillors, ratios of electors to councillors and district wards.
If any electoral arrangements were put in place for a parish within the previous five years but further changes are recommended in this review, the consent of the Local Government Boundary Commission for England (LGBE) would be required and all relevant details of the required change and the evidence to support such change would need to be provided to the LGBE.
PARISH AREAS
Introduction
This part of a review covers the creation of new parishes, the alteration of parish boundaries and the abolition of existing parishes.
Legislation requires that the Council must ensure that community governance within the area:-
• Reflects the identities and interests of the communities in the area; • Is effective and convenient; and • Takes into account any other arrangements for the purposes of community representation or community engagement in the area.
Parishes
The Council considers that parishes should reflect distinctive and recognisable communities of interest, with their own sense of identity; ensuring that electors are able to clearly identify with the parish in which they are resident, creating a common interest in parish affairs which will, in turn, encourage participation in parish elections.
The Government expects the creation rather than the abolition of parishes and this Council is intent on retaining the parishes within South Lakeland, whether amended or not, and will look at the potential for creating parishes within the current parish meetings.
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Boundaries
It is considered by this Council that, generally, parish boundaries reflect the areas between communities with low populations or pronounced physical barriers such as rivers and mountains or man-made features such as railways or motorways. These barriers can result in the residents on either side having little in common with each other and this possibility will be considered.
‘Natural’ settlements or settlements as they are defined in the Local Plan should not, in normal circumstances, be partitioned by parish boundaries.
If any changes are required to boundaries, the Council will endeavour to select boundaries that are, and are likely to remain, easily identifiable.
The pattern of community representation and community engagement
During the review, the Council will have regard to any local residents’ associations, community forums or area committees, or other such community representation or engagement, that exist who make a distinct contribution to the community of that area.
Viability
The Council wishes to ensure that parishes are viable and that their precept enables them to actively and effectively promote the well-being of their residents and to contribute to the real provision of services in their areas in an economic and efficient manner. Rural parishes may have limited capacity to facilitate service provision and effective local government but may have a strong sense of community even in large, sparsely populated areas, and arrangements in these areas, which are supported by the residents of the parish, can provide convenient local government.
This review aims to ensure that the parishes within South Lakeland reflect community identity and interest and are viable as administrative units.
GROUPING OF PARISHES
Introduction
Grouping orders are permitted under Section 11 of the Local Government Act 1972 and parishes grouped can be seen as a working alliance with the electors of each of the grouped parishes electing a designated number of councillors to the council. Grouping parish councils can be effective in ensuring parish government where small parishes are not viable on their own but allows their separate community identity to continue.
Appendix 2 shows existing grouped parish councils within South Lakeland and also small parishes with less than 150 electors as at 16 October 2012.
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General principles
The Council notes that, under the Act, smaller new parishes of less than 150 electors will be unable to establish their own parish council but that it may be possible to group some parishes together to create a grouped parish council without changing parish boundaries, creating new parishes or abolishing very small parishes, which still reflect community identity, all of which may go against the wishes of the residents of the affected areas.
Other matters – styles and parish councillors
If a Reorganisation Order intends to form a group, add a parish to an existing group of parishes or de-group a parish or group, legislation permits the provision of alternative styles but, if a parish is removed from a group it must retain the style it had in the group until the parish council or meeting resolved to change the style.
Where a group is to be formed by a Reorganisation Order, add a parish to an existing group of parishes or de-group a parish or group, the Council will take into account equitability when considering the number of councillors to be elected by each parish.
NAMES AND STYLES
The naming of parishes
With regard to the names of parishes, the Council will endeavour to reflect existing local or historic place-names and will consider any ward names proposed by local interested parties.
The Council will be mindful of Section 76 of the Local Government Act 1972 with regard to the naming of parishes and subsequent notification along with Sections 87 and 88 of the 2007 Act and relevant guidance.
Alternative styles
Alternative styles for parishes were introduced by the 2007 Act which could replace the ‘parish’ style. However, only one of three styles can be adopted, i.e. community, neighbourhood or village. In addition, the style of ‘town’ is still available to a parish but for as long as a parish has an alternative style it will not be able to also have the status of a town and vice versa.
If an existing parish is under review, the Council will make recommendations as to whether the geographical name of the parish should change but it will be for the parish council or parish meeting to resolve whether the parish should have one of the alternative styles.
If a new parish is to be created, the Council would make recommendations as to the geographical name of the new parish and whether or not it should have one of the alternative styles.
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ELECTORAL ARRANGEMENTS
What are electoral arrangements?
Electoral arrangements are the way in which a council is constituted for the parish and they are an important part of the review. They comprise:-
• The ordinary year in which elections are held; • The number of councillors to be elected to the council; • The division (or not) of the parish into wards for the purpose of electing councillors; • The number and boundaries of any such wards; • The number of councillors to be elected for any such ward; and • The name of any such ward.
Ordinary year of election
The ordinary year of election is every four years as stated in the Local Government Act 1972, i.e. 2011, 2015 etc. However, where the electorate cycle for a district council is in thirds (as in South Lakeland) the parish electoral cycle should coincide with the district cycle so the costs of elections can be shared.
If the review recommends, and it is approved, that more councillors are required for a particular parish, these will then come into effect at that parishes next ordinary elections, e.g. 1 May 2014, 7 May 2015 or 5 May 2016.
Parish Council or Parish Meeting?
The Council has a duty to create, or not, a parish council and must follow the guidance laid down in legislation as follows:-
• Where the number of electors is 1,000 or more a parish council must be created; • Where the number of electors is 151-999 a parish council may be created, with a parish meeting being the alternative form of governance; and • Where the number of electors is 150 or fewer a parish council is not created.
What considerations cover the number of parish councillors?
The Government’s advice is that, as an important demographic principle, each person’s vote should be of equal weight so far as possible, having regard to other legitimate competing factors, when electing parish councillors. This Council agrees with this principle and will take this into account during the review also having regard to current and historical factors, along with the fact that there should be not less than five councillors for each parish council. There is no maximum number and no rules relating to the allocations of councillors. However, each parish grouped under a common parish council must have at least one parish councillor.
Legislation dictates that the Council must have regard to the following factors when considering the number of councillors to be elected for a parish:-
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• The number of local government electors for the parish; and • Any change in that number which is likely to occur in the period of five years beginning with the day when the review starts.
Research in 1992 found the following levels of representation which are not likely to have changed greatly since:-
Electorate Councillor Allocation Less than 500 5 – 8 501 – 2,500 6 – 12 2,501 – 10,000 9 – 16 10,001 – 20,000 13 – 27 Greater than 20,000 13 – 31
The National Association of Local Councils (NALC) published guidance in 1988 which gave a minimum of 7 and a maximum of 25 councillors for a parish council.
The Government’s guidance is that each area should be considered on its own merits, having regard to population, geography and the pattern of communities. Therefore, this Council will pay particular attention to existing levels of representation, the overall pattern of existing council sizes which have stood the test of time and the take-up of seats at elections when considering this aspect.
However, the Council acknowledges that there are exceptions to every ‘rule’ and each area will be considered individually.
Parish warding
The Council is required to consider the following points when deliberating whether a parish should be divided into wards for the purposes of elections:-
• Whether the number, or distribution, of the local government electors for the parish would make a single election of councillors impracticable or inconvenient; and • Whether it is desirable that any area, or areas, of the parish should be separately represented on the council.
The Government’s guidance is that warding of parishes may not be justified for largely rural areas based predominantly on a single centrally-located village. Conversely, warding may be appropriate where a parish encompasses a number of villages with separate identities or where there has been urban overspill at the edge of a town into a parish.
The Council will be mindful of community identities in both rural and urban parishes, with the latter possibly more likely to benefit from warding where community identify focuses on an area such as a housing estate, and will endeavour to ensure that any warding arrangements reflect local circumstances and are clearly and readily understood by the electorate.
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Page 258 It should be noted that ward elections should have merit, not only should they meet the two tests given above, but should also be in the interests of effective and convenient local government. They should not be wasteful of a parish’s resources.
The number and boundaries of parish wards
In respect of the number and boundaries of any parish wards, the Council will take into account the criteria stated above, in particular the community identity and interests in an area, but also whether any particular ties or links might be broken by the drawing of particular ward boundaries. Parish wards must be easily identifiable and remain so in the future.
Any recommendations which are intended to reflect community identities and links will be supported by relevant evidence.
Although the Government’s guidance is that district wards and county electoral divisions should not split an unwarded parish and that no parish ward should be split by such a boundary, the relevant legal provisions do not apply to reviews of parish electoral arrangements. However, the Council will bear this in mind as requested by the LGBCE.
The number of councillors to be elected for parish wards
The Council will take into account the following when considering the size and boundaries of any parish wards and the number of councillors to be elected for each ward:-
• The number of local government electors for the parish; and • Any change in the number, or distribution, of the local government electors which is likely to occur in the period of five years beginning with the day the review commences.
The guidance advises that, as an important democratic principle, each person’s vote should be of equal weight so far as possible, having regard to other legitimated competing factors, when it comes to the election of councillors. Although there is no provision in legislation that each parish councillor should represent, as near as possible, the same number of electors, the Council considers that it is not in the interests of effective and convenient local government, either for voters or councillors, to have significant differences in levels of representation between different parish wards.
Likewise, the Council wishes to avoid the risk that, where one or more wards of a parish are over-represented by councillors, the residents of those wards (and their councillors) could be perceived as having more influence than others on the council. Consequently, during the review, the Council will show the ratios of electors to councillors that would result from any proposals.
The same principle of equitability will apply when consideration is given to the number of councillors to be elected to a common parish council by each parish within a grouping arrangement.
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Naming of parish wards
With regard to the names of parish wards, the Council will endeavour to reflect existing local or historic place-names and will consider any ward names proposed by local interested parties.
REORGANISATION OF COMMUNITY GOVERNANCE ORDERS AND COMMENCEMENT
The review will be completed when the Council adopts the Reorganisation of Community Governance Order. Copies of the Order, maps detailing the effects of the Order, and the documents setting out the reasons for all decisions made whether for change or no change, will be deposited and published in the same manner as at each stage of the review, i.e. at South Lakeland House, Kendal, and at the Town Hall, Ulverston, and on its website.
In accordance with the Government’s guidance, the Council will issue maps to illustrate each recommendation at a scale not less than 1:10,000 wherever possible. These maps will be deposited with the Secretary of State at the Department of Communities and Local Government and at the Council’s offices at South Lakeland House, Kendal. Prints will also be supplied, in accordance with regulations, to Ordnance Survey, the Registrar General, the Land Registry, the Valuation Office Agency, the Boundary Commission for England and the Local Government Boundary Commission for England.
The Order will take effect on 1 April 2014 but any changes to electoral arrangements for existing parishes will come into force at the next ordinary elections for the parish council. However, if these elections are not for some time, the Council may resolve to modify or exclude the application of Sections 16(3) and 90 of the Local Government Act 1972 to provide for an earlier election with councillors serving a shortened term of office to allow the parish electoral cycle to return to that of the District.
CONSEQUENTIAL MATTERS
General principles
The Council notes that a Reorganisation Order may cover any consequential matters that appear to the Council to be necessary or proper to give effect to the Order, including:-
• The transfer and management or custody of property; • The setting of precepts for new parishes; • Provision with respect to the transfer of any functions, property, rights and liabilities; and • Provision for the transfer of staff, compensation for loss of office, pensions and other staffing matters.
In these matters, the Council will be guided by regulations that have been issued following the 2007 Act including those regarding the transfer of property, rights and liabilities which require that any apportionments shall use the population of the area as estimated by the proper officer of the Council as an appropriate proportion. The Council also notes Regulation 3 of the Local Government Finance (New Parishes) Regulations 2008 regarding the establishment of a precept for a new parish and their requirements.
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Page 260 Where any such consequential matters affect Cumbria County Council, the Council will also seek the views of that council with regard to alterations to electoral division boundaries in accordance with the Government’s guidance.
DATE OF PUBLICATION OF THESE TERMS OF REFERENCE
These Terms of Reference will be published on Thursday, 10 January 2013.
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Page 262 Item No.16
PART I
South Lakeland District Council COUNCIL Meeting Date: 18 December 2012 Report Author: Chris Woods, Democratic and Electoral Services Manager Portfolio: Councillor Janet Willis, Central Services Portfolio Holder Report from: Director of Policy and Resources (Monitoring Officer) Wards affected: Not applicable Key Decision: Not applicable Key Decision Not applicable Notice: REVISED MEMBER SUPPORT STRATEGY 1.0 PURPOSE OF REPORT 1.1 A review of the Member Support Strategy is required to ensure that development opportunities for Members are made available based on priority requirements and continue to provide value for money. 1.2 A review has been undertaken and Members are asked to consider the Strategy as presented. 2.0 RECOMMENDATIONS It is recommended that Council approves the Strategy for adoption. 3.0 BACKGROUND 3.1 The Member Support Strategy sets out a long term view of how the Council can ensure its elected Members receive the development and support they require to carry out their roles as Members. 3.2 The main issues which drive forward the way Member support is delivered are based on legislative requirements, corporate aims and the personal goals of Members in achieving their aspirations as District Councillors. As these issues continually evolve and change, the challenge is to ensure that the Member Support Strategy is both flexible and robust as well as presenting support opportunities which meet these diverse needs in a cost effective manner. 3.3 Recent challenges have included the introduction of legislation such as the Localism Act 2011 with its shift in power towards local people and the introduction of new rights and powers for local people. This has resulted in the need to adopt new ways of working and has had an impact on revising corporate
Page 263 aspirations. These have all meant that elected Members have needed to expand and/or develop new skills and areas of expertise to meet address these new requirements. The added challenge has been to meet these new needs from reduced resources. 3.4 The Member Support Steering Group, chaired by the Central Services Portfolio Holder, has overseen the review of the Strategy. The Group’s main objectives are to oversee the roll-out of the Development Programme and ensure that the development available to Members meets requirements. 3.5 In order to ensure that the Strategy is up to date and is able to meet these diverse requirements, both now and in the future, it has been revised and is attached as an Appendix to this report for Members’ approval. 3.6 The Resources and Partnerships Overview and Scrutiny Committee considered the revised Strategy on 8 November 2012 and recommended it for adoption by Council. 3.7 Cabinet considered the Strategy at its meeting held on 28 November 2012. 4.0 PROPOSAL 4.1 The proposal is to adopt the revised Strategy as attached to this report. This will guide the way forward in ensuring that the development offered to Members meets current needs. 5.0 ALTERNATIVE OPTIONS 5.1 The report is for noting and to approve the revised Strategy. The alternative option is not to approve the revised Strategy or to make amendments. 6.0 NEXT STEPS 6.1 Once the Strategy is approved it will be used to oversee the roll out of Member development. The document will be reviewed regularly by the Member Support Steering Group to ensure that it meets Member requirements. 7.0 IMPLICATIONS 7.1 Financial and Resources 7.1.1 An approved revenue budget of £13,000 is available to finance Member development. This had been £20,000 but was reduced for 2012/13. 7.2 Human Resources 7.2.1 There are no human resource implications arising out of this report. 7.3 Legal 7.3.1 There are no legal implications arising out of this report. 7.4 Social, Economic and Environmental Impact 7.4.1 A sustainability impact assessment has not been carried out at this stage. 7.4.2 This proposal is considered to have a neutral impact on sustainability.
Page 264 8.0 RISK ASSESSMENT Risk Consequence Controls required Not having an up to date The focus for Member The Strategy and roll out Strategy development will not of the Member accord with the Development necessary requirement to Programme will be achieve the Council's monitored on a regular aims, address legislative basis by the Member requirements, the needs Development Steering identified by Members Group 9.0 EQUALITY AND DIVERSITY 9.1 An equality and diversity impact assessment has not been carried out at this stage, although the Strategy ensures that the principles of equality and diversity are being met. 10.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 10.1 The Strategy and Member Development Programme are based on achieving the aims of the Corporate Plan. 11.0 CONCLUSION AND EXPECTED OUTCOMES 11.1 The revised Strategy is presented for Member approval. Once adopted it will be used to guide the development opportunities made available to Members and to examine new methods of delivery to ensure value for money is being achieved. APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Revised Member Support Strategy and Appendix CONTACT OFFICERS Chris Woods, Democratic and Electoral Services Manager, 01539 717440 [email protected] BACKGROUND DOCUMENTS AVAILABLE Member Support Strategy 2009. Member Development Programme 2011/12. TRACKING Assistant Portfolio Solicitor to the CMT Scrutiny Director Holder Council Committee 5/9/12 22/10/12 n/a 20/9/12 8/11/12 Executive Human Council Section 151 Monitoring (Cabinet) Resource Officer Officer Services Manager 28/11/12 n/a 18/12/12 5/9/12 5/9/12
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Page 266 APPENDIX 1
South Lakeland District Council
DRAFT Member Support Strategy 2013-2016
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2
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Index Paragraph Page
1 Introduction 4
2 Role of Member Support Steering Group 4
3 Identification and Prioritisation of Development Needs 4
4 Member Development Programme 6
5 How training is delivered 7
6 Evaluation 7
7 Resources and other Support 7
8 Actions for the Future 8
Appendix - Future Actions
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1. Introduction The Member Support Strategy represents a long term view of how the Council can ensure its elected Members receive the development and support they require to carry out their roles as Members - whether this is working within their communities, helping the Council to meet its corporate objectives, or meeting their personal development aspirations as a Councillor. The key drivers for the strategic direction for Member support are a combination of recent changes to legislation, such as the Localism Act 2011, as well as our corporate aspirations, as set out in the revised Corporate Plan 2012 – 16. These have all put increased pressure on elected Members to expand or develop new skills and areas of expertise so that they can carry out their roles as Councillors. It is therefore essential that the Strategy is flexible and dynamic so that it can offer Members appropriate development as and when necessary. 2. Role of Member Support Steering Group The Member Support Steering Group consists of Members from all political parties and is chaired by the Central Services Portfolio Holder, It has been involved in the drafting of this Strategy. The Group’s main objectives are to oversee the roll-out of the Development Programme and to champion the support mechanisms needed to help Member development. 3. Identification and Prioritisation of Development Needs In order to decide what development and/or support is needed, we gather information from a number of different sources. These include – • Members themselves (through their Personal Development Plans (PDPs)) • Corporate needs (from the Corporate Plan) • Development needs as a result of changes in legislation or policy. Personal Development Plans These are offered to all Members and are compulsory for new Members to the Council, as well as those who play leading roles e.g. Cabinet Members and Chairmen. As part of the PDP process, each Member can select up to three priority development areas which they feel they would like to see addressed in the next 12 months (i.e. their individual training plan). They also consider how and when these needs can best be met. Each Member is expected to attend at least one PDP interview during their four year term of office. They are reviewed on an annual basis (either by interview, telephone or email) and, in some cases, with the Member’s agreement, at shorter time scales. At each review, the Member’s individual training plan is reviewed and a further set of up to three development areas identified for the next period.
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Corporate Objectives The Strategy ensures that Members are given the opportunity to become equipped with the skills and knowledge they need to support the Council in achieving it’s Vision (Corporate Plan 2012-16) - “by involving people and creating opportunities we will make South Lakeland the best place to live, work and visit”. In order to do this, the Council is committed to using new and existing ways of working to deliver three main themes – • One South Lakeland - Greater partnership working to achieve community priorities • Localism - Involving communities in decision making • A Sustainable Council - Delivering services that are value for money Consequently, there is increased need for Members to enhance their skills when - • engaging with communities • promoting the duty of local authorities to involve the public • thinking strategically • being aware of and considering budget issues • undertaking service reviews • promoting and participating in partnership working • engaging in strategic leadership Legislation/ Policy Changes to legislation/policy often require Members to develop new areas of expertise and understanding. As an example, the Localism Act 2011 included provision for changes to Planning laws, Housing policy and constitutional changes. It also introduced a general power of competency for local authorities. As a consequence, Members need to – • Communicate more effectively with communities and actively ensure that their needs are represented within the Council and with service providers; • Ensure that Council policies meet community needs; • Ensure that community needs and aspirations are both met and protected; and • Work with a full range of partners to secure positive outcomes for the area and community. It is from this range of development needs that we are able to identify priorities for training, which fall into the following categories – 5
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Essential training (i.e. training for members of committees when/ if dealing with quasi-judicial issues and training based on the nature of the topic) • Code of Conduct • Constitution • Planning Committee • Licensing Committee • Chairing Skills • Standards Committee • Audit Committee • Human Resources Committee
Important training– • Induction • Overview and Scrutiny • Member Champions
Other training (such as topic specific issues and issues identified by individual Members) – • Community Leadership/ engagement • Data Protection • Information Technology • Leadership • Media • Performance Management • Risk Management • Conferences • Speed Reading
Note – Where the PDP process shows that there is a particular training need shared by a number of Members, this is automatically included within the Programme. Other individual needs, not already covered in the Programme, are met on an ad hoc basis, if and when possible. 4. Member Development Programme The Programme covers development for Members over the municipal year. It needs to be adaptable to change to take account of changes in areas of learning and knowledge. Once the Programme has been drafted, 6
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it is costed against the available budget, The Programme is presented regularly throughout the year to the Member Support Steering Group. 5. How training is delivered Training is delivered in a variety of forms, not just formal training sessions. Examples include – • paper workbooks from the Local Government Improvement and Development (formerly IDeA) on a variety of subjects such as chairing skills; • stress management and casework; • a library of resources is available to Members in the Members’ Room; • CDs are also available, covering topics such as – o the “Red Mist”; and o “Chairing Meetings” and • Members are also able to tap into various resources available on the North West Employers’ website. 6. Evaluation Evaluation of our training and development programme is important as it enables an assessment to be made on the effectiveness of the training provided so we can ensure we are receiving value for money. Following feedback from Members the number of evaluation forms per training session has been reduced to one (previously it had been three). The evaluation form will be sent out within 5 working days of the training being held. The Member Support Steering Group receives regular reports on the rollout of Member Development, including evaluation, attendance figures and content. 7. Resources and other Support Budget – A dedicated budget is available for Member training and development; this covers training events and conferences, including travel and accommodation costs. For 2012/13 this was £13,000. Contact Centre Query logging – Support is available for Members with reporting and following up of queries and complaints from constituents about Council services. The Contact Centre has a facility which enables Member queries to be logged, given a unique reference number and tracked until resolved. Members are able to use the unique reference number to keep track of reported issues .
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ICT – All Members are offered the use of a Council laptop and printer. It has been recognised that Members’ have particular and often individual ICT requirements. Consequently, a comprehensive review of ICT for Members was carried out by Resources Overview and Scrutiny Committee during 2012 and the subsequent recommendations will be taken forward into 2013. In addition, all Cabinet Members are offered the use of a blackberry. Accommodation/facilities - Members have the use of a secure Members’ Room where they can work or relax between meetings. Members’ pigeon holes (for post) are located in the room, as well as information and training materials, and recycling facilities. Use of Members’ accommodation is reviewed regularly to ensure that the facilities available meet the needs of our Members. The Leader has an office within the Senior Management Suite of offices on the top floor of South Lakeland House and there is also an adjacent office available for use by other Cabinet Members as and when necessary. Also, the Chairman has use of a room adjacent to the District Council Chamber. This is used for officer meetings when not in use by the Chairman. Staffing Resources – The Democratic and Electoral Services Manager has overall responsibility for providing support to Members and the Member Services Assistant provides administrative support for this function and assists with dealing with Members’ queries. The Leader is supported by the Corporate Support Officer. Support mainly consists of diary management, arranging meetings and travel, and some typing/ filing. Officers within the Democratic Services Team provide assistance to the Chairman of the Council, mainly with responding to invitations to engagements, as well as arranging functions. 8. Actions for the Future There are a number of issues which need to be addressed, or continued to be supported, to ensure we are continually improving the support service offered to Members - Shared Training – The Council initiated setting up a county-wide Member Development Portfolio and Officer Support Group to work together on Member development initiatives. The aim of working together is to achieve economies of scales and be able to attract high quality training delivered locally. This not only enables savings to be made on travel and accommodation as well as Members’ time, but also enables informal networking with peers and allows for more of a sub-regional perspective 8
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on the issue. With continued pressure on Council budgets, it is important that we continue to work together to achieve savings on training costs wherever possible. Mentoring – One area for further exploration which could assist with developing our members is to establish a robust mentoring scheme. This would particularly aid new Members in settling in to their new environment as quickly and easily as possible. Induction – The induction process needs to be continually reviewed to ensure that Members are being offered training which meets their needs without over-burdening them. ICT – Following the Scrutiny review of ICT for Members being carried out later this year, we need to ensure that we are providing Members with the ICT equipment which meets their needs most effectively in carrying out their role as Councillors. Review of the Personal Development Planning process – A review needs to be carried out of the effectiveness of the current process to ensure it is still fit for purpose. Review of the Evaluation process – The efficiency and effectiveness of the evaluation system will be reviewed. Corporate Ownership - We need to further embed corporate ownership of Member Development within the authority, It is suggested that reporting to the Resources Overview and Scrutiny, and the Standards Committees on annual basis, would help with this approach. Attached to this Strategy is an appendix which details our aims, the target date for achieving them, as well as how we will know that we have been successful. The Action Plan will be monitored and progressed against targets reported on a regular basis to the Member Support Steering Group.
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Page 276 Appendix
MEMBER SUPPORT STRATEGY – ACTION PLAN 2012/2015
Action How Who Target date for How success will completion be recognised
Continue with using Each newly elected Member, Member Within two months of The number of Personal Development new Portfolio Holder and Services the date of a relevant PDP Planning to ensure that Member re-elected to a term of Assistant Member’s election/ interviews the individual training office to be offered a one-to- appointment completed each requirements of our one Personal Development year Members are identified. Planning Interview
Page 277 Continue working with Maintain communication links Democratic 12 months Positive evaluation neighbouring authorities with other authorities and and Electoral feedback; to bring high quality actively commit to joint training Services The number of training to the area wherever possible Manager/ occasions when which not only meets Central training events have the specific Services been shared; requirements of our Portfolio elected Members and Holder the amount of their communities, but savings achieved also provides value for through joint training money.
Submit our application Complete relevant submission Democratic Late 2012/ early 2013 Re-award of Level 1 for review of Level 1 of documents and Electoral of the Charter the North West Charter Services Award in 2012. Manager Action How Who Target date for How success will completion be recognised
Ensure that new Member Support Steering ICT Manager/ On-going Members have the opportunities are Group to be updated with the Democratic opportunity to use explored and developed Scrutiny Review of Members’ and Electoral ICT equipment to enhance Members’ ICT and take forward as Services which meets their skills and use of ICT appropriate. Manager needs in carrying equipment. out their role as Councillors; the
number of Members who are accept
Page 278 electronic agenda
Continue to ensure Review Member requirements Member Annually Members are facilities for Members Services satisfied with meet their needs facilities available to them.
Review the induction Member Support Steering Democratic On-going New members process Group to oversee a and Electoral satisfaction with the comprehensive review of the Services induction process current process Manager Review the Personal Member Support Steering Democratic 2013 Member satisfaction Development Planning Group to oversee a and Electoral survey process comprehensive review of the Services current process Manager Review of the Training Member Support Steering Democratic 2013 Training satisfaction Evaluation process Group to oversee a and Electoral rates comprehensive review of the Services Action How Who Target date for How success will completion be recognised current process Manager
Enhance corporate Member Support Steering Democratic Annually Reports presented ownership of Member Group to report on an annual and Electoral annually to Support/ development basis to Scrutiny and Services Resources Standards Committees. Manager Overview and Scrutiny and Standards Committees.
Implement mentoring Member Support Steering Democratic Before next election A robust mentoring
Page 279 for newly elected Group to explore how to and Electoral scheme set up and members introduce this across all Services valued by political groups Manager participants.
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Page 280 Item No.18a
SOUTH LAKELAND DISTRICT COUNCIL
Council
Date of Meeting: 18 December 2012 PART I Report From: Councillor Peter Thornton Leader of the Council Report Title: Executive Report – Promoting South Lakeland Portfolio
Current Issues The following matters have arisen with the Portfolio: The Council Plan (previously known as the Corporate Plan) is nearing the final stages of completion. The draft will be considered at a joint Overview and Scrutiny meeting and at Cabinet in January and at Council in February. The recent Cabinet Away Day on 25 October focussed on performance issues with consideration of some suggested targets for further work. Issues relating to the Medium Term Financial Plan were considered including the latest budget position. Localism is being actively pursued in the district. The Participatory Budgeting Pilots are progressing with each having identified services/assets they would like to have more influence in. Ulverston are looking at Car Parking, Public Halls and Events whilst Windermere are looking at Street Cleansing, Street Furniture and Parks and Open Spaces.
Running parallel to the Participatory Budget pilots and existing work being undertaken by, for example, the Assets Manager, work is on going with Parish / Town Councils who have expressed an interest in running some SLDC services and /or assets. Initially this is involving Lakes Parish Council and Kendal Town Council. At this stage, the talks are to gauge parish immediate and longer term ambitions and enable them to request sufficient data to inform their potential proposals.
The One South Lakeland Board is continuing to develop and the NHS Foundation Trust is now taking part. Its Chairman will attend future meetings.
At the last meeting of the LAP Chairs there was a discussion on the New Homes Bonus and the emerging opportunities this will bring. Work is progressing on developing how this might happen and the LAP Chairs will be involved in looking at those ideas shortly.
Meetings/Training attended 27 September Full Council 1 October Diane Hubbard – Cumbria Action for Sustainability 4 October University of Cumbria Northern Reaches Canal Trust Lakeland Arts Trust
Page 281 Meetings/Training attended 5 October IRP Health and Wellbeing Board 8 October One South Lakeland Board 10 October Kirkbie Kendal School 15 October Meeting with Carlisle City Council 16 October Northern Reaches meeting 18 October Action for Market Towns Conference 19 October Action for Market Towns Conference 25 October Policy Away Day 29 October John Woodcock MP 30 October Meeting with Sedbergh and Kirkby Lonsdale Councillors 31 October Cabinet Meeting with Carlisle City and Eden District 2 November District Council Leaders – additional meeting 7 November Staff briefings 8 November Staff briefings 9 November Staff briefings 12 November Code of Conduct Training 26 November Lancaster City Council 28 November Cabinet Training for Chief executive appraisal 30 November Joint Districts Cumbria Leaders Board
Looking Forward (Diari sed events at the time of agenda deadline) 12 December Cabinet One South Lakeland 18 December Full Council
In the coming weeks, work will include:- The Leader and the Economic Development Portfolio Holder are currently talking with Eden District Council and Carlisle City Council on developing an economic vision based around the Cumbrian M6 corridor.
Page 282 Item No.18b SOUTH LAKELAND DISTRICT COUNCIL
Council
Date of Meeting: Tuesday 18 th December 2012 Part I Report From: Councillor Clare Feeney-Johnson Environment and Sustainability Portfolio Holder Report Title: Executive Report
The following matters have arisen with my Portfolio:- This has been a very busy time within all areas of my portfolio; many projects have come together round about the same time. Please find a summary for your information of the main project areas.
Plastic and Cardboard Trial The plastic and cardboard trial has commenced, 7500 properties now have collections every other week. Plastic is being collected in a clear sack, card in with the paper blue box. Information leaflets of the trial along with the first clear sack were delivered to each household via hand. All the team pulled together and helped undertake this massive task over a two week period, I also helped in the preparation – folding leaflets and bags ready for the letter box. I would like to pass my thanks on to the teams involved; their going that extra mile has prevented any additional costs to the budget! In the first three weeks the average increase to the recycling collections was 7t in card and 2t in plastic. This is based on WasteDataFlow guidance. Prior to the trial the average recycling tonnage per week was 30.55t. In the 3 collection weeks we have had in the trial the collections were as follows:
Wk 1: 42.38t Wk 2: 38.20t Wk3@ 37.88t
Prior to the trial we were averaging 82.46t waste collection per week. Tonnages went up but are now declining steadily as the weeks pass i.e.: Wk1: 104.40t Wk 2: 100.39t Wk 3: 97.43t Wk 4: 94.87t
The reason for the increase is typical in such trials across the country, when space in the grey bin is created by removing the card and plastic, householders fill that space with other waste. Perhaps waste that they have previously taken to the Household Waste Recycling Centre (HWRCs) or non green garden waste. Cumbria County Council has advised us that the tonnage for Kendal HWRC went down by approx 12t in October, so this could well be the case. This is now reducing and levelling out, hence the reduction in tonnages over the weeks. A true reflection of tonnages will be seen in January and February when the scheme has settled and Christmas passed. Monitoring of the tonnages at the bring sites is taking place, there was negligible change in November; slightly down on both plastic and card but well within the range we expect.
Page 283 Air Quality Management Zone Partnership The air quality management zone partnership is preparing for the next annual report to DEFRA, meetings between the County Council transport teams and the board are underway to ensure better cross referencing, to minimise duplication and stop any parallel working take place. The Go Easy project continues, development of the car share scheme is almost complete with several of the Town’s larger employers (Kendal College, Lake District National Park Authority (LDNPA) are two) signed up for the initial trial, which will hopefully iron out any issues before it goes fully public. Take a look at the web site; I’m sure this innovative scheme will prove to be very successful. The Town’s County Councillors are donating £250 each from their member’s divisional schemes which will allow the Go Easy campaign to carry on for another year, building on the work already done. The Air Quality Management Group identified the benefits of ‘Green Walls/Urban planting’ and the reductions these can bring to various gases and improved air quality by their oxygen production, site are being looked into and costed to see if this is an achievable option in the management zone area. Young People During November, the Council engaged with the National Takeover day, where young people from across South Lakeland helped run the Council for the day. Nine young people from local schools joined councillors and staff to see how the authority makes decisions and operates on a daily basis. They attended Cabinet, Shadow Cabinet and a mock Licensing Sub Committee, looking at real case examples. Economic Development, Communications, Environmental Protection, Parking and Contact Centre teams were all ‘taken over’ as was my day. I spent the day accompanied by three young people, they attended meetings with me re: community switch – the next steps, clean streets update, depot visit, recycle/waste review and a visit to the Mayors Parlour to see what the civic side of being an elected Member may bring. The young people were all very enthusiastic, very knowledgeable and they impressed us all with their attitude to problem solving and ideas. The feedback has been great and I hope that they will have benefited from their experience, I know I did. On the 11 th of December a group of primary school children are coming to the Town Hall to present their school council suggestion for “ If Father Christmas could bring your community a gift, what should it be?.....” The Queen Katherine school council have organised this event and are working with us to help deliver the day. The schools will be given a chance to present a case as to why their idea should be the chosen one, a debate will follow and a vote will decide. The ultimate suggestion will then be presented to the various tiers and Youth Council in the hope that their wish can be fulfilled. By the time of the Council meeting I will be able to tell you result. Community switch Cabinet has agreed to the next Community switch date, 26 th of February – please put that date in to your diaries. We have a break down for each ward from the last results, I will happily go through your ward to help identify the areas that would really benefit from taking part in the process. The results from the last switch are now in, 5% of our population registered their interest which was spot on using Holland and Belgium as a guide. 31% of those actually switched, this was higher than expected. 25% was our target. The highest saving I know about was over £700, many £500 and plenty £300. An overall average saving was £104. Which in terms of Council tax paid to this authority – is roughly two thirds! We have an uphill struggle next, we need to get the message to those people that have never switched – 80% of our community and that isn’t going to happen without effort from us all. We have applied to the Department of Energy and Climate Change (DECC) for a grant with the next phase, I believe we will hear before the end of the year whether we have succeeded in that bid. As and when I hear I will let you know. Date: 06/12/2012 Version No: Amended by: 2 Page 284 Waste Waste diverted from landfill, as you all know I am trying to organise a visit to the MBT plant. This is the Shanks run plant that will take all our waste and turn it into fuel which will then be sold onto industry thus diverting all of our waste away from landfill sites. The original date of the 16 th of January is being changed to enable those Members of the Planning Committee to attend. I am confident that I will be able to give you a date for your diaries in the full council meeting. I must apologise for the change in dates and any confusion this may cause but I believe it will be best for us all to go together on one visit. Textile Banks It was agreed that the Council could facilitate a trial for local schools to have textile banks alongside their paper banks with the income going directly to school funds. This would offer an additional choice to parents and local communities of where they can take their no longer needed clothing. I have given the South Lakes Federation the details and I hope that this scheme will help raise addition funds for our young people whilst helping in the learning process of the need to reuse and recycle our resources where possible. Dog Control Orders The dog control orders went to Cabinet for approval on the 12 th of December, this turned out to be the largest piece of consultation we have undertaken, with over 1000 participants. It was very important that we listened to all the comments and formed the Orders to meet the needs of our community. I am confident that the Orders will allow us to manage and enforce irresponsible dog owners far more effectively. I had hoped the report could come to Council but the decision making process meant Cabinet was the executive decision making body. I hope you manage to take the time to read the report on the Cabinet papers and if you have any questions, please ask for clarification. The approach will be a pragmatic one, our enforcement officers will take a very level headed approach to this and only those dog owners whose animals are causing a nuisance/danger or fouling where inappropriate and identified will be fined. This was a very lengthy process and all the enforcement team have worked very hard to ensure as many Members of our community whether dog owners or not had an opportunity to feed their views into the process. I joined them on several of the road shows around the district and saw firsthand the effort that was made. My thanks go to them. Improved partnerships Improved partnerships, we will start servicing some Cumbria County Council (CCC) vehicles at the Kendal depot in the New Year, we are starting to work better together in partnership, looking at the most efficient cost effective ways we can do this. I see this as the start of the process and can see many opportunities for better practical ways such as this for the future.
Meetings/Training attended Community Switch update review meeting Go Easy prize giving Plastic and Cardboard delivery information South Lakeland Children and Young People’s Project Board Better ways of working meeting with CCC School Council workshop day Budget meeting Community switch planning meeting Ichoosr seminar- Kendal Date: 06/12/2012 Version No: Amended by: 3 Page 285 Go Easy – future planning meeting Young People Future sports project Waste/recycling/enforcement update meeting Lancaster Canal Restoration Partnership Action for Market Towns Communications team meeting Park visit Cumbria Waste Management Energy Management Board agenda setting Meeting with Don Foster minister Policy away day Many meetings with leader Informal Cabinet x4 Cabinet x3 London, DECC seminar giving/sharing community switch experience Ward review- community switch break downs Homeless Team catch up Energy Efficiency Board meeting Remembrance Sunday Portfolio Holder target setting meeting Portfolio Holder meeting Licensing Committee Kendal Mountain Festival x 2 Air Quality Management Working Group review meeting Better ways of working update meeting National takeover day The Queen Katherine school textile meeting and sustainable schools meeting Homelessness seminar Capital project prioritisation meeting Manna House homeless meeting South Lakeland and Eden Homelessness strategic planning group Inspira Lakeland Radio Assistant Director Portfolio Holder update Licensing Sub committee Prince’s Trust presentation Homeless Review
Date: 06/12/2012 Version No: Amended by: 4 Page 286 Community switch information sharing – Allerdale
If you have any questions or issues regarding any training/meetings I have attended please ask.
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Page 288 Item No.18c
SOUTH LAKELAND DISTRICT COUNCIL Council Date of Meeting: 18 December 2012 PART I Report From: Councillor Janet Willis Central Services Portfolio Holder Report Title: Executive Report
Introduction I stated in my last report to Council my portfolio is wide and varied and the more I get involved the more I appreciate what an understatement that was. With responsibility for HR and staff I have taken the opportunity to attend the staff briefings with the Chief Executive and the Leader. I really enjoyed getting out and about and meeting as many members of staff as possible and hope to they did too. I intend to continue to do this in the future. In my last report I also identified areas I felt I should focus on and detail of progress made so far follows in this report. On a visit to the North East I took the opportunity to visit Virgin Money’s Mortgage call centre and visited Liverpool Direct on 4 December, to research ideas which could possibly be incorporated into our Customer Contact Centre. I have also had the opportunity to attend the LGA Leadership Academy at Warwick University, Coventry. I found this extremely enlightening and also beneficial in terms of making contacts in other Authorities exchanging ideas for good practise. I have also been working with the rest of Cabinet in developing the new Council Plan. The following matters have arisen with my Portfolio:-
Member Services • Evaluation of Induction Training - As stated in my last report to Council, the Member Support Steering Group has been working with new Councillors (last year and this year) on our induction process. Two workshop sessions have been held and both proved very enlightening. As a result we have identified a list of potential areas for improvement and a number of these have been or are in the process of being explored with Group Leaders and Senior Management. One particular initiative which has been put forward is looking at introducing Councillor and Officer “buddies”. The Steering Group is currently investigating this and I hope to be able to provide further information on this and other outcomes, in the near future. • Member Support Strategy - The revised Member Support Strategy has been considered earlier in this meeting. This Strategy sets out our plans for the future and how we will achieve them. • North West Charter Award – The evidence required to support our application for renewal of Level 1 of the North West Charter for Member Development will be submitted before the end of the year. When the Council originally applied for the Award, a statement of commitment was signed by the then Chief Executive and Leader of the Council. As evidence of the Council’s continued commitment to supporting the development of its elected Members, the current Chief Executive and Leader have re-signed this declaration of commitment.
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• IT for Councillors –The IT Task and Finish Group has reviewed the provision of IT for Councillors and made a number of recommendations which have been endorsed by the Resources and Partnerships Overview and Scrutiny Committee. The Member Support Steering Group considered the recommendations further at its meeting on 12 December, prior to them being presented to Cabinet in the New Year. • Web casting – Work is on-going regarding the issue of web casting and the Steering Group considered the issue further at its meeting on 12 December.
Human Resources • Workforce Development Action Plan - The plan for 2012 has been signed off and some 36 targets completed or are in the process of completion. A new Workforce Development Plan and Action Plan are to be developed by January for 2013-17. • Investors in People - The action plan is now developed and agreed by HR Committee, and will be implemented and has been communicated to the council workforce. This will be monitored on a quarterly basis to highlight progress. • I Trent implementation - The new payroll system has now been implemented and the modules for Learning and Development and Recruitment and Selection are also nearing completion for implementation. • Organisational Review - The HR Team are heavily involved in supporting the planning and implementation of the review. This has involved consultation with the unions, taking jobs through the job evaluation process, organising and participating in 1:1 meetings with Assistant Directors and staff and ensuring the whole process is conducted following best practice and employment legislation.
Customer Services • Staff have supported the Electoral Services in preparing for and carrying out the Elections for the Police and Crime Commissioner. • Further support has been given to Power Up your community. The contact centre has been helping with two further phases of the project. Phase one was to call all people who registered to see if they had received an offer and the second phase was to input the payment details for customers who accepted the offer.
IT Services The shared IT service with Eden officially commenced on 1 st April 2012 and continues to be working very well. In addition to the regular IT issues, the team are currently working on a range of projects:- • Remote working – The laptop solution has now been extended to work at Eden and is currently being piloted before a full roll out. The key benefit here is that the remote working solution will be the same for both Councils ensuring that effective support can be provided to all users. We need to focus on the configuration of how people access systems and data from their own devices and home computers, allowing flexibility whist maintaining security. • Migration to new e-mail Servers – This upgrade is a pre-requisite for the new telephone system and is progressing well. As part of this work, we are introducing a size limit on e-mail storage, the people left to migrate are those with large storage requirements but we will complete the migration in time for the introduction of the telephone system.
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• New Managed Backup and Disaster Recovery contract – The backup element of this contract has now been fully implemented at Eden. The backups are now replicated off-site to a data centre in Sunderland and the solution is fully managed. We are continuing to develop the solution to allow us to test recovery of systems into the Sunderland Data centre. This scenario is a key element of the Disaster Recovery plans and is how we will provide IT services should a problem develop in South Lakeland House or Eden Town Hall causing local IT services to fail. The Disaster Recovery Plans will be updated with appropriate details as part of this work. Work is currently progressing to deliver the solution for South Lakeland. • Telephony – The new telephone system (Microsoft Lync) for South Lakeland is progressing. A pilot system has been installed at South Lakeland and is currently being tested by ICT. A demonstration was given to Operational Managers on the 21 st November along with a demonstration of the remote working solution for laptops which complements the telephone system. The roll out plans are being developed with the Communications team and the roll out will start early in 2013. The same telephone system will be implemented at Eden early in 2013. • Shared IT Service Desk – ICT has now implemented a single service desk for both South Lakeland and Eden. All support calls are logged into a single system by a single contact point. • Audit Requirements – Work on audit requirements continues and will be an on-going process. • iTrent Update – ICT worked with HR to deliver the upgrade to the payroll system, it all went largely unnoticed because everyone was paid on time with little or no impact to the council. • Web site hosting – We are about to kick off the project that will see the hosting arrangements of the South Lakeland web site change. We are going to migrate the web site from the existing technical solution to the same technology that is currently used at Eden. The new web site will be hosted alongside the Eden web site on a single platform. This means that any future web site developments can be easily used by both councils.
Meetings/Training attended • 5 Staff Briefings • Joint Consultative Panel • Cabinet Away Day, Cabinet and Informal Cabinet meetings • 2 Member Induction Workshops • Furness Enterprise Board Meeting • LGA Leadership Academy • Health, Safety and Wellbeing Committee • HR Committee • South Lakes Housing Board Meeting • Appeals Training • Code of Conduct Training
Regional/National/Other Issues None at this time.
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Looking Forward In the coming weeks, work will include:- Member Services The Member Support Steering Group will be considering the following issues over the next few months – • The ICT Task and Finish Group recommendations • Web casting • Member Induction Human Resources Following approval of the new revised staffing structures on 27th November, work is on-going with the provision of advice and guidance and implementation of the changes. In addition, the new Workforce Development Plan and Action Plan are being developed by January for the period 2013 to 2017. Customer Services Contact centre staff will continue to record details of customers who would like to participate in the next ”power up your community” scheme. IT Services The new Microsoft Telephone System design is progressing which will enable us to replace the existing systems and standardise on Lync. We are now planning to replace the contact centre functionality provided by Barrow with a system hosted by SLDC. We are going to share the existing SLDC Internet Connection with Eden as stage 1 of the process of implementing the final shared internet access solution.
Page 292 Item No.18d SOUTH LAKELAND DISTRICT COUNCIL
Council
Date of Meeting: 18 December 2012 Part I Report From: Councillor Graham Vincent Communities and Well Being Portfolio Holder Report Title: Executive Report
Client Issues The following matters have arisen with my Portfolio:- Coniston and Grizedale Arts Grizedale Arts were invited to showcase a project at Frieze International one of the biggest art fairs in the world and hosted a programme of food-related performance, discussion, representation and retail called the ‘Colosseum of the Consumed’. The project was an amazing event and the most talked about at the fair further cementing Grizedale Arts national and international reputation and profiling Coniston on the world arts stage attracting significant national and international coverage in the media and features on TV news.
It included several new commissions by international artists as well as talks by food historians and specialists, plus unique dining opportunities. The project worked with and involved Coniston Youth Club and members of the Coniston community supported by Councillor Anne Hall who also participated. The project was enclosed in a bespoke structure built by Yangjiang Group and modeled as a cross between a Roman amphitheatre and a cricket pavilion, with viewers able to watch events unfold from the ground or a platform above. The programme included performances and presentations by artists, chefs, food historians and specialists including, Simon Rogan from L’Enclume Cartmel. The monies raised from the experience are being invested as matched funding for the new Coniston cricket pavilion which is a collaborative project between Grizedale Arts and the Coniston community.
Kendal Mountain Festival This year’s Kendal Mountain Festival from the 15 th -18 th November was bigger and better than ever with a reported 9,000 people attending and participating. Sir Chris Bonnington launched the festival calling it “one of the best festivals in the world”. The ambitious programme diversified from just climbing to include more adventure to broaden its appeal and also attract a more of a general and local audience as well as national and international visitors from the mountaineering fraternity. It included the addition of a new adventure sports village at the Kendal Dojo plus a speaker programme involving 40 outdoor personalities including headliners Olympic gold and bronze medal winning
Page 293 triathletes the Brownlee brothers and paralympian hand cyclist silver medallist Karen Darke.
Explore South Lakeland The Council’s new Explore South Lakeland website www.exploresouthlakeland.co.uk was launched at the Kendal Mountain Festival at a fantastic free public event outside the Kendal Town Hall. The outdoor launch event was a great success, with a large turnout of people both young and old. A big screen was erected showing some of the amazing film footage from 2012 with a large advert for the site displayed on screen. Explore South Lakeland has been designed to encourage local residents to explore and enjoy what is on their doorstep. Since its launch it has had very positive feedback and has attracted 700 unique visitors in the past two weeks.
Alcohol Awareness Week Activities to support Alcohol Awareness Week were held between 19 to 23 November - interactive quizzes and testing the accuracy of volunteer’s wine measures proved very popular at a well attended alcohol awareness stand in reception at South Lakeland House. The stand was staffed by members of the NHS public health team and details were included on an Intranet page with 131 visitors over the week. The work included challenging some of the myths around alcohol consumption. Community Engagement Community Engagement Officer has supported 2 consultations which have now finished both were very successful. • The Clean Streets Consultation had 1259 responses nearly double previous consultations, this consultation was available online and by hard copies available in council offices and libraries. Being reported at Cabinet on 12 December. • The Council Tax Reduction Scheme Consultation had a very large response of 3,483, this consultation was carried out using a different method to Clean Streets and other consultations as over 11,000 respondents were directly mailed with the consultation information and invited to take part, as well as being publicly available. Reported to Cabinet on 28th November. The SLDC Council Plan and Budget consultation starts on the 1st December 2012. Parish Development The number of groups which have started (15) or expressed an interest (10) in Community Led Planning, continues to increase, not all of those who have expressed an interest will start their plan but it’s great they are being considered and LAPs are encouraging their parishes to start a plan. Direct support has been given to 7 groups recently, this support includes questionnaire development, online survey access and support, information on the parish both for services and statistical data, community engagement advice and support for the plans overall development.
Date: 05/12/2012 Version No: Amended by: 2 Page 294 Meetings/Training attended September 2012 10 th Business Against Crime - Kendal 14 th Alzheimers Association – Kendal 18 th Older Persons Programme-Kendal 19 th Cabinet 20 th Local Committee 24 th Highgate Partnership 25 th Code of Conduct training 26 th Director People & Places 27 th Council 28th Berners Close Project October 2012 2nd Lake Admin @ Lake District National Park Authority 3rd Grange Lido 15 th Corporate Vision 17 th Commissioning Culture – Birmingham 18th O.P.P-Age UK 19 th P.C.C. Scrutiny Training- Penrith 22 nd Energy Workshop - Penrith 24th Communities Minister – London 25 th Cabinet/Management Team away day 26 th Environmental Health-Swimming pool safety 29 th Grange-3 P’s project 31 st Dementia Awareness - Kendal Cabinet Knowlesly leisure Centres November 2012 5th Business Against Crime 6th Chairman National Health Trust 7th Highgate Partnership - Kendal 8th Berners Project- Grange 9th Carbon Management Board 12 th Older Peoples Programme 13 th Cumbria Tobacco Strategy - Penrith
Date: 05/12/2012 Version No: Amended by: 3 Page 295
Regional/National/Other Issues Batonality Variations The Batonality Variations, a six month project devised with support from SLDC and funded as part of the local Cultural Olympiad programme for 2012 was successfully delivered by Ulverston International Music Festival (UIMF). The project involved children from five local primary schools Windermere, Allithwaite, Levens Valley, Croftlands and St Mary’s Ulverston. They all worked with composer Duncan Chapman to explore the idea of passing a musical idea from one place to another responding to ‘Piano Cycle’ a new piece written for the Olympianist project which saw Anthony Hewitt UIMF’s Director and international pianist cycle from Land’s End to John O’Groats giving a performance of the piece in each stopover place including Bowness on Windermere. The composer and the children then went on to create a series of new short pieces culminating in a new piece of music completed as a cycle of work which was included in a public concert by Ulverston International Music Festival at the Coronation Hall on 28 October. It was a fantastic occasion and the children did exceptionally well with a high standard of performance achieved. A lasting legacy from 2012. Young People The Council took part in National Takeover Day on 23 rd November – a day when young people take over running the country. Nine young people joined us and were part of decision making processes across several departments: three shadowed Cllr Clare Feeney-Johnson for the day, the others went in pairs to Shadow or Informal Cabinet meetings, Environmental Protection, Economic Development, Communications, Parking Enforcement, the Contact Centre and a mock Licensing Committee. Feedback from the young people was overwhelmingly positive and the Office of the Children’s Commissioner has asked if we would be a case study nationally amongst organisations such as the Victoria & Albert Museum, Blue Peter, the British Red Cross, the Home Office and the Department of Health. Cumbria Compact The Cumbria Compact Event was held on the 6 November, which coincided with the national compact week. The Cumbria Clinical Commissioning Group has signed up to the Cumbria Compact, the first to do so nationally.
Looking Forward In the coming weeks, work will include:- Grange: Berners Close. Development of Council owned Land. The Council is working in partnership with Grange Town Council to facilitate a holistic redevelopment of Council owned land at Berners Close. The greater part of the development will be a comprehensive affordable housing project delivered by Two Castles Housing Association. In addition part of the site will be sold on the open market to provide match funding for the lido redevelopment. The lido will be the subject of a submission to the Heritage Lottery Fund. The former Berners Pool will be demolished and a car park will be built on this site.
Date: 05/12/2012 Version No: Amended by: 4 Page 296 Citizen’s Advice Bureaux Officers are engaged in discussion with the two Bureaux operating in the District. Against a background of reduced funding for the Bureaux, this Council has maintained its annual funding and the assistance provided with office accommodation. The Bureaux are in the process of designing how their services will be provided in the future.
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Page 298 Item No.18e SOUTH LAKELAND DISTRICT COUNCIL
Council
Date of Meeting: 18 December 2012 Part I Report From: Councillor Ian Stewart Economy and Enterprise Portfolio Holder Report Title: Executive Report
Client Issues The following matters have arisen with my Portfolio:- • Development Management - GlaxoSmithKline (GSK): A successful meeting has been held with GlaxoSmithKline and their consultants and statutory consultees to work with GSK as the company progresses towards the submission of a planning application. • South Lakeland District Council supported the Ulverston Business Alliance in bringing the Times Business Forum to Ulverston. Councillor Thornton represented the Council on a panel of business people and education specialists to an invited audience of up to 40 businesses. A supplement was published in the Time at the end of November. • SLDC has worked with Cumbria County Council to develop a brief and appoint consultants to undertake initial development work on feasibility for a new road to connect GSK and South Ulverston businsses with the A590 in Ulverston. • Action for Market Towns Conference: This was held on the 18-19 September and 120 delegates attended at Kendal Town Hall. • Business Lunch held at the Belsfield: Subject Social Media. • Business Forum held at Crooklands: Subject: Statutory consultees and how to manage planning applications. • Business Support Programme. CREA working with Furness Enterprise are delivering a programme of mentoring and business support to new start ups and small and medium enterprises (SME’s). • Free car parking will be available on Sundays at all pay and display car parks across the district and the pay on exit car park at the Westmorland Shopping Centre (WSC) in Kendal during the build up to Christmas. The first day of free parking will start on Sunday 2 December and parking will then be free on the next three consecutive Sundays in the countdown to Christmas.
Page 299 • Kendal Futures have: Secured superfast broadband in Kendal Business Improvement Districts (BIDS) - Secured a consultant to take forward the Kendal Business Improvement District project development Managed the installation and funding for 8 Fingerposts in Kendal town centre.
Meetings/Training attended
A variety of meeting.
Regional/National/Other Issues • The M6 Corridor proposal has been published as a concordat to be signed by Eden and South Lakeland District Councils and Carlisle City Council. • Local Government Association Conference. This was held on 11 September at the Low Wood and at Brockhole and was a very successful event.
Looking Forward In the coming weeks, work will include:- • Highgate, Kendal. The project has been postponed until the beginning of January to enable Christmas celebrations to take place. • Shop Front Grant Schemes. The Council is working in partnership with Ulverston, Grange over Sands, Sedbergh, Milnthorpe, Coniston, Dent, Kirkby Lonsdale, Kendal and Duddon (Broughton) parish and town councils to deliver this very successful project. The Council is also engaging with Hawkshead and Grasmere for a project for 2013. Windermere is confirmed for 2013. • Following review and consideration of the requirement to input the Vehicle Registration Number into the new car parking machines it has been agreed to reprogram machines to cease this requirement when purchasing normal single period tickets. It is expected that the new change will be effective from 1 st January 2013.
Date: 05/12/2012 Version No: Amended by: 2 Page 300 Item No.18f SOUTH LAKELAND DISTRICT COUNCIL
Council
Date of Meeting: 18 December 2012 Part I Report From: Councillor Jonathan Brook Housing and Development Portfolio Holder Report Title: Executive Report
Client Issues The following matters have arisen with my Portfolio:-
North West Coast Connections National Grid Proposal Update National Grid’s North West Coast Connection (NWCC) Project seeks to provide a connection to the national electricity network for the proposed new nuclear power station at Moorside and to reinforce the electricity transmission system in the North West region. National Grid identified six Strategic Options which had the potential to meet this requirement for a connection solution. Appraisal of the Strategic Options National Grid appraised each option in terms of relevant technical, environmental, socio-economic and economic factors. In addition, between May and July 2012 statutory and non-statutory consultees, including South Lakeland District Council (as one of the Planning Performance Agreement authorities (PPA)) were consulted on the options. The Preliminary Strategic Options Report consultation was reported to the Planning Committee and Cabinet in July. On the 23 rd October 2012, National Grid published the Strategic Options Report (SOR) and Consultation Feedback Report (CFR). The SOR provides details of how National Grid appraised the six strategic options. The CFR outlines the responses received to the Stage 1 consultation and explains how National Grid has taken them into account in choosing the Preferred Strategic Option(s). A summary of the appraisal of each option is provided at Appendix A1. Preferred Strategic Options The two preferred Strategic Options to be taken forward by National Grid are Option 3a and 4a. At Stage 2, the search areas derived from these two Strategic Options, within which the draft route corridor and siting options will be located, will be known as: • North West Coast Ring East (search area onshore north from Moorside and onshore south, around Morecambe Bay); • North West Coast Ring Central (search area onshore north from Moorside and onshore south, across Morecambe Bay); and • North West Coast Ring West (search area onshore north from Moorside and offshore south).
South Lakes Housing – Post Transfer A further Members’ briefing is being arranged at which South Lakes Housing will present the progress they have made since the transfer of the Council’s housing stock. The briefing will also
Page 301 include a report from the Chairman of the Tenants Committee, providing the Committee’s review of progress. These briefings are part of the requirements upon SLH to keep the Council informed of progress. I trust that Members will find them of interest and provide the opportunity to discuss housing matters with South lakes Housing. Officers have received SLH’s second quarter’s report of progress against the offer document promises. A copy of the report is available in the Members’ Room. The report records strong progress, with 6 promises being completed and progress being made against all promises. Of particular note is the Tenants Committee scrutiny of progress and their required ‘sign off’ of actions to agree that they are complete. Highlights include the commencement of improvement works, including the windows and doors programme, the heating contract and the tendering for the major works programme. Adaptations works are being fast tracked, with improved communication with Occupational Therapists and with SLDC which is leading to better use of Disabled Facilities Grants. New build projects are progressing, including the redevelopment of School Knott Close and preparations for the planning application for Binfold Croft. Further detail will be provided through the Members’ briefing session.
Local Development Framework The Independent Examination process for the Land Allocations document is proceeding. Sessions have been held considering statutory compliance issues, duty to co-operate and community involvement as well as site specific issues relating to Kendal, Ulverston, Grange-over-Sands, Kirkby Lonsdale, Milnthorpe and the various local service centres within the District.
Further sessions are planned to consider infrastructure and viability issues. Because of additional requirements imposed by the new National Planning Policy Framework at a late stage in the process, the examination has been temporarily adjourned to allow additional information on viability to be prepared.
The Inspector has also expressed concerns about the approach to the Arnside-Silverdale Area of Outstanding Natural Beauty. An Action Plan is in preparation to address these issues and this will set a timetable for the completion of the examination including a date for revised hearings. The adjournment will also allow for consultation on some limited proposed modifications arising out of the examination process.
Holme House Farm Hearing
Following an application to County Court by Legal Services an Injunction Order was granted on 10 October 2012 requiring Mr Steele to comply with the planning enforcement notice. Mr Steele was ordered to remove all unoccupied caravans from the land by 31 October 2012 and the occupied caravans by 28 November 2012.
A hearing took place on 26 November 2012 as Mr Steele had failed to comply with the requirements of the order. In his defence Mr Steele submitted that he needed more time to comply with the order due the amount of work involved. The Judge ordered that the matter be adjourned until 7 January 2013 and ordered that Mr Steele submit evidence by 21 December 2012 on what steps he has taken to comply with the order. The Judge also requested that the Council provides further information by 10 December 2012 regarding the housing circumstances of the remaining residents.
Date: 06/12/2012 Version No: Amended by: 2 Page 302 Meetings/Training attended I have attended a range of meetings in connection with my portfolio including: Cumbria Housing Executive Group Housing Portfolio Holders Advisory Group Meeting in Westminster with Don Foster MP Homelessness Strategy Review Group Lake District National Park Partnership Market Towns Convention Communities Overview and Scrutiny Committee Citizens Advice Bureaux re Private Rented Accommodation Site visit Kirkby Lonsdale Meeting with Arnside Councillors Benefit Reform Briefing
Looking Forward In the coming weeks, work will include work on the items mentioned above and also in addition:
North West Coast Connections National Grid Proposal National Grid will use the input provided by stakeholders to refine the draft route corridor and siting options. Stakeholders including the PPA authorities will be consulted on National Grid’s Strategy for the Stage 2 Consultation on the outline routing and siting options. Community and stakeholder consultation on the outline routing and siting options will take place from May to August 2013. The preferred route corridors and sites will be announced in November 2013.
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Page 304 Item No.18g SOUTH LAKELAND DISTRICT COUNCIL
Council
Date of Meeting: 18 December 2012 Part I Report From: Councillor David Evans Policy, Performance and Resources Portfolio holder
Report Title: Executive Report
Client Issues
The following matters have arisen with my Portfolio:
Policy & Performance
There was a 3 rd Policy Away Day on 25 th October which reviewed the Council Performance and Budget. The day commenced with a presentation to the group on performance management and outlined the improvements to be put in place to measure and monitor Corporate Targets. As a result of this session Members of Cabinet, Assistant Directors and key staff have met and identified the targets that will monitor the Council Plan for 2013/14. These will be presented as part of the Council Plan to Cabinet and Council in February 2013.
Revenues and Benefits
Following the public consultation on proposals to introduce a Local Council Tax Reduction Scheme, a report was taken to 28 November Cabinet recommending adoption of the ‘default’ scheme with the costs to be met from changes proposed to second homes discounts. Cabinet also agreed to propose changes regarding Council Tax discounts on empty properties. These reports and proposals to Council are presented elsewhere on the agenda for this meeting. The Government have recently issued revised proposals which mean Parish Council Tax precepts will also be affected by these changes. A separate report on this agenda presents the impact of this change (which has come extremely late in the day). Significant changes to Housing Benefit are scheduled for 1 st April 2013. The most sensitive is the new “under occupancy” rules. In this, claimants occupying properties larger than their needs, based on the size of the family, will have their benefit reduced. These changes will affect working age claimants in Housing Association properties, but not pensioners. Claimants under occupying by one room in a dwelling will see reductions of 14% per week, rising to 25% for under occupancy of two or more rooms. Our Benefits Team are currently gathering information from Housing Associations on property sizes in preparation for the change so that those who may be affected can be informed well in advance. When more information has been collated, a detailed report will be considered by Cabinet. Central Government is also changing the way Councils are funded through Business Rates with the introduction of the Business Rates Retention Scheme. This replaces the existing pooling and re-distribution arrangements. Officers have been analysing the key features of the new scheme in anticipation of the Local Government Finance Settlement. Collection levels for Council Tax and Business Rates at 31 October are encouraging with both being ahead of targets and collection levels at the same point last year.
Page 305 Finance
The Council’s Statement of Accounts was approved by Audit Committee on 26 September with an unqualified opinion. Officers have started preparing for the next financial year end, including an initial planning meeting with the new external auditors, Grant Thornton UK LLP. The second quarter monitoring report was considered by 28 November Cabinet. Taken together, the variances reported show that the Council is currently projecting to be on budget at year end. The Medium Term Financial Plan projections including the projected deficit over the next five year period were reported to the same Cabinet and are on this meeting’s agenda as part of the draft budget report. This shows that there are still significant savings required to balance future years’ budgets. As part of the budget process, the Treasury Management Strategy is also being reviewed. A meeting with Sector (Treasury consultants) was arranged to discuss the key issues facing the Council. This included the costs and benefits of early repayment of borrowing. The meetings regarding the pilot schemes for Participatory Budgeting have now taken place at both Ulverston and Windermere. Officers continue to support the process through analysis of budget data for the relevant areas.
Asset Portfolio
Last month a number of surplus assets were identified and permission was granted for their disposal. It was also agreed that an easement would be granted over a car park in Kendal in order to facilitate the development of Kendal Bowman for affordable housing. A decision was also made to repair a wall at Fountain Brow, Kendal which has been in disrepair for over a year, even though the wall does not belong to the council. Finally, it was agreed to transfer land to Dent Parish Council to maintain it as open space.
Meetings/Training attended Key meetings attended include:
• 27 September - Council • 25 October - Policy Away Day • 31 October – Cabinet • 7 November – Media training • 28 November - Cabinet • 28 November - Capital Prioritisation Budget Meeting • 5 December – Treasury management review with Sector • 12 December - Cabinet
Looking Forward In the coming weeks, work will include:
Policy With the completion of the draft Council Plan being presented with the budget at the Joint Overview & Scrutiny Committee in January, Service plans will be redesigned and developed based on the priorities. Improving performance within SLDC is a key to our success as a council and will be reported each quarter to give a complete picture.
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Finance
The Financial Services Team is now concentrating on third quarter budget monitoring, including the introduction of monthly monitoring reports. The Local Government Finance Settlement is expected sometime around 19 December and the outcome of this will need to be fed into subsequent budget reports. Officers will continue to support the Participatory Budgeting pilots through analysis of budgets for the town councils involved.
Revenues and Benefits
Work will continue on planning for the major changes to both Benefits and Business rates.
Asset Portfolio
Next month the corporate asset strategy will be finalised and assets which are surplus will continue to be brought forward for decisions on their future use.
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