Public Document Pack

SOUTH LAKELAND DISTRICT COUNCIL House, , LA9 4UQ www.southlakeland.gov.uk

You are summoned to attend a meeting of the Council on Tuesday, 23 March 2021, at 6.30 p.m. Please note that this meeting will be conducted remotely through Microsoft Teams Live Events and in accordance with Section 78 of the Coronavirus Act 2020. Access details will be provided to Council Members prior to the meeting. Members of the public will be able to access a live broadcast of the meeting here. For those using an Apple Device to access the meeting, please note that Safari is not compatible with Microsoft Teams, so you will not be able to watch the meeting using this web browser. If you wish to watch a virtual meeting on any Apple device (iPad, iPhone or Mac) you will need to download the Microsoft Teams App from the App Store, then click the link on the relevant SLDC webpage or Agenda and follow the instructions on screen. Agendas are divided into two parts, with Part I items being considered in the presence of the press and public. Part II Items, if any, will be considered in the absence of the press and public for the reasons indicated on the Agenda and relevant reports. It should be noted that discussions held in Part I are recorded and that the recordings are uploaded to the Council’s Website.

Note – Those Members who wish to attend Prayers should join the Microsoft Teams meeting at 5.55 p.m., as this will take place at 6.00 p.m. All other Members should join the Microsoft Teams meeting following Prayers, at 6.10 p.m., in order to ensure that their technology is operational prior to the commencement of the Council meeting at 6.30 p.m.

Membership

Councillors

Caroline Airey Gill Gardner Kevin Lancaster Giles Archibald Tom Harvey Susanne Long Robin Ashcroft Eamonn Hennessy Pete McSweeney (Vice- Rupert Audland Hazel Hodgson Chairman) Pat Bell Chris Hogg Ian Mitchell Ben Berry Rachael Hogg Jon Owen Roger Bingham John Holmes Suzie Pye Jonathan Brook Kevin Holmes Doug Rathbone Helen Chaffey Vicky Hughes Brian Rendell Stephen Coleman (Chairman) Helen Irving Matt Severn Brian Cooper Andrew Jarvis Peter Thornton Michael Cornah Janette Jenkinson David Webster Tracy Coward Dyan Jones Ian Wharton Philip Dixon Dave Khan Janet Willis Judy Filmore Helen Ladhams Mark Wilson Alvin Finch Malcolm Lamb Shirley-Anne Wilson

Note – Where relevant, agendas for Members are labelled “Private Document Pack” and contain exempt information within the papers. Any relevant pages are marked as restricted within Agendas labelled “Public Document Pack”.

Monday, 15 March 2021

Linda Fisher, Legal, Governance and Democracy Lead Specialist (Monitoring Officer)

For all enquiries, please contact:- Committee Administrator: Inge Booth Telephone: 01539 793190 e-mail: [email protected]

Roll Call : Apologies

AGENDA

Page Nos. PART I

1 MINUTES 7 - 34 To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Council held on 23 February 2021. 2 EMERGENCY NON-EXECUTIVE DECISIONS To receive the following Emergency Non-Executive Decision taken by the Chief Executive in accordance with Part 3 of the Council’s Constitution 3. (B 1) (1.1) and to note any spending outside any budgetary provision:- a 017 Additional Restrictions Grant (ARG) 35 - 48 3 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 by no later than 0:01am (one minute past midnight) two working days before 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 Committee Services Team on 01539 733333.

(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. 4 DECLARATIONS OF INTEREST To receive declarations by Members 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. 5 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. 6 CHAIRMAN'S ANNOUNCEMENTS To receive announcements by the Chairman. 7 LOCAL GOVERNMENT REFORM - CONSULTATION RESPONSES 49 - 54 To consider the decision of Council on 8 December 2020, along with Barrow Borough and Lancaster City Councils, to submit a full proposal for a Bay area unitary authority and receive an update on consultation responses (Appendices 1 and 2 to follow). 8 CORPORATE FINANCIAL UPDATE MARCH 2021 55 - 66 To consider the allocation of financial resources to enable the delivery of projects and services to deliver the Council Plan. 9 STATEMENT OF LICENSING POLICY 67 - 110 To consider a 12 month continuation to the current Statement of Licensing Policy. 10 VIRTUAL MEETINGS LEGISLATION AND UPDATE To receive a verbal update from the Monitoring Officer on Virtual Meetings Legislation. 11 LEADER'S ANNOUNCEMENTS AND CABINET QUESTION TIME, 111 - 154 INCLUDING THE COMPOSITE REPORT OF THE CABINET (1 HOUR MAXIMUM) Council is asked to receive the Executive Reports from the Leader and Cabinet and to deal with any questions raised by Members to the appropriate Cabinet Members on the contents of the reports.

To receive announcements from the Leader and, in accordance with Paragraphs 10.2 and 10.3 of the Council’s Rules of Procedure, 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 ask one supplementary question on the same topic.

Members are encouraged to give 24 hours’ written notice of questions to the Monitoring Officer of questions to be raised under the Agenda Item. If no notice is received, then the Portfolio Holder can reserve the right to give a written answer. Where written notice of questions has been given, these will be taken first. Should a Member wish to ask more than one question, questions should be listed in order of priority. If more than one Member sends in a question, these will be taken in alphabetical order of Members’ names, alternated from meeting to meeting. Each question and each response is restricted to three minutes. 12 QUESTIONS TO CHAIRMAN OF THE COUNCIL OR CHAIRMAN OF ANY COMMITTEE OR SUB-COMMITTEE To deal with any questions under Rule 10.6 of the Council’s Rules of Procedure, of which due notice has been given and/or the Chairman allows as a matter of urgent business and which are in relation to any matter over which the Council has powers or duties or which affect the area. 13 URGENT DECISIONS In accordance with Paragraph 17.3 of the Access to Information Procedure Rules, to receive details of any urgent Executive Decisions, if any, taken since the last scheduled meeting of Council on 23 February 2021 14 EMERGENCY DELEGATED EXECUTIVE DECISIONS To note the following Emergency Delegated Executive Decisions taken by the Chief Executive in accordance with the Leader’s decision noted by Cabinet at CEX/104 (2019/20):- a 012 - Additional Restrictions Grant (ARG) 155 - 166 b 015 - Waiving Car Park Charges - Westmorland Shopping Centre 167 - 170 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 Public Document Pack Item No.1 101 23.02.2021 Council

SOUTH LAKELAND DISTRICT COUNCIL

Minutes of the proceedings at a meeting of the Council held, on Tuesday, 23 February 2021, at 6.30 p.m. Present

Councillors

Stephen Coleman (Chairman) Pete McSweeney (Vice-Chairman)

Caroline Airey Gill Gardner Kevin Lancaster Giles Archibald Tom Harvey Susanne Long Robin Ashcroft Eamonn Hennessy Ian Mitchell Rupert Audland Hazel Hodgson Jon Owen Pat Bell Chris Hogg Suzie Pye Ben Berry Rachael Hogg Doug Rathbone Roger Bingham John Holmes Brian Rendell Jonathan Brook Kevin Holmes Matt Severn Helen Chaffey Helen Irving Peter Thornton Brian Cooper Andrew Jarvis David Webster Michael Cornah Janette Jenkinson Ian Wharton Tracy Coward Dyan Jones Janet Willis Philip Dixon Helen Ladhams Mark Wilson Judy Filmore Malcolm Lamb Shirley-Anne Wilson

Apologies for absence were received from Councillors Alvin Finch, Vicky Hughes and Dave Khan.

Officers

Lawrence Conway Chief Executive Linda Fisher Legal, Governance and Democracy Lead Specialist (Monitoring Officer) Gillian Flowers Procurement Specialist Dan Hudson Strategy Lead Specialist Simon McVey Operational Lead Support Services Adam Moffatt Specialist - Legal, Governance and Democracy Claire Read Finance Specialist Simon Rowley Director of Customer and Commercial Services Helen Smith Finance Lead Specialist (Section 151 Officer) David Sykes Director of Strategy, Innovation and Resources

C/87 CHAIRMAN'S INTRODUCTION

Following confirmation that the live stream of the meeting had commenced, the Chairman welcomed everyone to the virtual meeting. He referred to the new Government legislation allowing councils to conduct remote meetings and explained in detail to all taking part, and for the benefit of members of the public observing, the procedures for the meeting. The Chairman then asked the Legal, Governance and Democracy Lead Specialist (Monitoring Officer) to carry out a roll call, during which all Members present indicated by which means they were taking part and confirmed that

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they were able to see (where practicable) and hear all Members participating in the meeting. The Chairman referred to officers present who would introduce themselves when asked to address the meeting.

C/88 MINUTES

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meetings of the Council held on 8 and 15 December 2020.

C/89 EMERGENCY NON-EXECUTIVE DECISIONS

No Member having raised concern when asked by the Chairman, it was

RESOLVED – That

(1) the Emergency Non-Executive Decisions (018 -31-12-20 Local Restrictions Business Grants) and (019 – 18-01-20 Business Support Grants (National Restrictions – January) taken by the Chief Executive in accordance with Part 3 of the Council’s Constitution 3.(B 1) (1.1) be received; and

(2) any spending outside any budgetary provision be noted.

C/90 PUBLIC PARTICIPATION

No questions, representations, deputations or petitions had been received from members of the public in respect of this meeting.

C/91 DECLARATIONS OF INTEREST

RESOLVED – That the following declarations of interest and dispensations be noted:-

(1) dispensations provided in the previous year by the Legal, Governance and Democracy Lead Specialist (Monitoring Officer) and the Independent Member under Part 3 of the Council’s Constitution, Responsibility for Council Functions, paragraphs 2.7 and 4.12 for a four year period for items relating to Agenda Item Nos 11, 12, 13, 14 and 15;

(2) that Councillors Ben Berry, Roger Bingham, Stephen Coleman, Brian Cooper, Tom Harvey, Kevin Lancaster and Doug Rathbone declared disclosable pecuniary interests in Agenda Item No 10 and would be disconnected from the meeting for the full item;

(3) That Councillors John Holmes and Susanne Long declared disclosable pecuniary interests in Agenda Item No 10, by virtue of the fact that they were the Council’s nominated Directors on the Board of South Lakes Housing. Councillor John Holmes requested permission to speak on this item as the constitution allows, following which both Councillors John Holmes and Susanne Long would be disconnected for the remainder of the item;

(4) That Councillor Gill Gardner declared a disclosable pecuniary interest in Agenda Item No 11 and would be disconnected from the meeting for the full item; and

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(5) that the Legal, Governance and Democracy Lead Specialist (Monitoring Officer), for transparency, declared a personal interest in Agenda Item No 11 as a Trustee of the War Widows’ Association which forms an exempt group under the proposed Local Council Tax Reduction Scheme.

NOTE – Due to a technical issue with Microsoft Teams, Councillor Stephen Coleman briefly left and then re-joined the meeting before continuing with the Agenda for the meeting.

C/92 LOCAL GOVERNMENT ACT 1972 - EXCLUDED ITEMS

RESOLVED – That it be noted that there are no excluded items on the Agenda.

C/93 CHAIRMAN'S ANNOUNCEMENTS

The Chairman, informed Members that due to the ongoing COVID-19 pandemic he had attended no official engagements.

C/94 LOCAL GOVERNMENT REFORM - PROPOSAL FOR THE BAY AREA

Councillor Giles Archibald, Leader of the Council provided a verbal update on Local Government and the Proposal for the Bay Area. He informed Members that an informal meeting, with all Members invited was to be organised for the following week and that the Council had received a letter outlining the consultation from the Secretary of State. The Leader added that due to the complexity of the situation, some time was required to consider and discuss the letter with other Cumbrian Leaders.

Councillor Archibald informed Members that the Proposal for the Bay Area had been one of four bids to go through to the consultation process, with the Government consulting on the Bay and Northern Cumbria solution, but also the proposals put forward by and Eden and on the proposal that had been put forward by and Copeland. He added that the unitary Cumbria proposal from Cumbria County Council had also been taken through to the consultation process and that the Council had been asked to give its opinion on proposals relating to North Yorkshire.

Councillor Archibald informed Members that the consultation period was being hosted on an online platform by the Government and was to end at midnight on 19 April 2021. He added that links would be sent out to all members and that the Government would be undertaking consultation with local stakeholder and any person or organisation wishing to express a view. Councillor Archibald emphasised the importance of drawing opinions from the widest possible reach across the district and encouraging participation from residents.

Councillor Archibald informed Members that the Draft Consultation Response was to be brought to Cabinet and Council and that the links to and copies of all the relevant documents, including the impact assessment would be available on the Council’s website. He added that local elections for Principal Authorities were to be postponed, meaning that any Members who had been due to stand for election this year had been pushed forward to 2022 and that by-elections as well as Town and Parish Council Elections would all still go ahead.

In concluding his update, Councillor Archibald informed Members that he was very pleased that the Bay Proposal has been included in the consultation round and that Members would be kept up to date of any progress in the coming weeks.

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C/95 ADOPTION OF COUNCIL PLAN

The Council Plan sets out the Council’s vision and priorities, forms part of a suite of corporate documents and is linked closely to the Medium Term Financial Plan. These documents form part of the Council’s Policy Framework and underpin the Council’s approach to prioritisation and community leadership. The Council Plan is for the period 2021-2026 and sets out the Council’s long term vision and priorities, providing strategic direction for other plans and strategies.

Councillor Jonathon Brook, Deputy Leader and Housing and Innovation Portfolio Holder informed Members that the Council Plan was considered by Council every year, with the last major rewrite in 2018. The Deputy Leader highlighted the impact of Covid- 19, Brexit, the carbon reduction target set by the Council, the impact of potential Local Government reorganisation and emphasised the need for refocusing as a result.

The Council Plan contained a number of key changes as a result of the ongoing pandemic, the climate emergency and Local Government Reorganisation which were:-

 A greater emphasis on strategic alignment in the context of Morecambe Bay – expanding the areas of cooperation;  Giving additional impetus to the progress made on the Council’s approach to sustainability and climate change; and  A Greater emphasis on fairness and reducing disadvantage and inequalities – working on personal financial resilience.

The vision, as stated in the revised Council Plan, was, “Working together to make South Lakeland the best place to live, work and explore”. To achieve the vision, the Council’s areas of focus were:-

 Working across boundaries – Delivering sustainable regional growth across Morecambe Bay;  Delivering a balanced community – A South Lakeland for all ages;  Delivering a fairer South Lakeland – A South Lakeland for everyone; and  Addressing the Climate Emergency – A Carbon Neutral South Lakeland.

Councillor Brook praised the vision of the Council Plan and emphasised the need for change and desire to build on the positive work done to update the Council Plan. He informed Members that details of the consultation could be found at Section 4 of the report and highlighted the comments made by the Overview and Scrutiny Committee, which linked to the housing needs of younger people, the positive impact of older people on community groups, the local economy and charities as well as the needs of older people in the community. Further comments from the Overview and Scrutiny Committee related to the need to focus on poverty clusters across the area, Local Government Reform, Climate Change and improving mental health and wellbeing.

In concluding his report, Councillor Brook thanked officers for their dedication and hard work and reiterated the importance of the Council Plan as a living document to the Councils short and long term goals.

Councillor Brook moved the recommendations contained within the report and was seconded by Councillor Dyan Jones, Climate Emergency and Localism Portfolio Holder.

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During discussion on the Council Plan, Councillor Archibald commended councillors and officers for their work on the Council Plan and highlighted that the document encapsulated the Councils vision to deliver excellence. He added that he was proud that discussions on alleviating poverty, tackling biodiversity loss and climate change were now at the heart of Council activity. Other issues raised in discussion included Member support for the Council Plan, the importance of the document in providing and promoting affordable social housing, addressing social inequality exposed by the Covid-19 pandemic and tackling climate change. In addition to support for the Council Plan, Members expressed concern over the focus on the Morecambe Bay area.

A request having been made by the requisite number of eight Councillors, the following vote was recorded in accordance with Rule 15.5 of the Council’s Rules of Procedure:-

The following Members voted in favour (30) – Councillors Giles Archibald, Robin Ashcroft, Rupert Audland, Jonathan Brook, Helen Chaffey, Stephen Coleman, Tracey Coward, Phillip Dixon, Judy Filmore, Gill Gardner, Eamonn Hennessy, Hazel Hodgson, Chris Hogg, Rachael Hogg, Andrew Jarvis, Dyan Jones, Helen Ladhams, Malcolm Lamb, Susanne Long, Pete McSweeney, Ian Mitchell, Jon Owen, Suzie Pye, Doug Rathbone, Matt Severn, Peter Thornton, David Webster, Ian Wharton, Janet Willis and Mark Wilson.

There were no votes against.

The following Members abstained (14) – Councillors Caroline Airey, Pat Bell, Ben Berry, Roger Bingham, Brian Cooper, Michael Cornah, Tom Harvey, John Holmes, Kevin Holmes, Helen Irving, Janette Jenkinson, Kevin Lancaster, Brian Rendell and Shirley-Anne Wilson.

RESOLVED – the updated South Lakeland Council Plan 2021-26 (Appendix 1) as part of the Council’s Budget and Policy Framework be adopted.

C/96 CORPORATE FINANCIAL UPDATE QUARTER 3 2020/21

The Finance and Resources Portfolio Holder presented the third quarter financial monitoring report of 2020/21. The report provided the projected year-end positon based on performance to the end of Quarter 3 2020/21 and officers planned actions to ensure a balanced budget by the end of the financial year.

In presenting the report in detail, the Portfolio Holder highlighted Appendix 1, which set out the revenues variances to date. Additional costs and loss of income for the remaining year had been expected to be £1.29m; the total expected service cost of the pandemic was £3.486m. The Portfolio Holder detailed the claims to date, made under the Government’s Sales, Fees and Charges Support Scheme, adding that it was expected that a further claim for the remainder of 2020/21 would bring the total to £1.747m, which had reduced the total service cost of the pandemic to £1.569. Overall, at the end of Quarter 3, budget monitoring had identified a forecast business as usual year-end overspend of £65k. The Portfolio Holder informed Members that any future carry forwards would be considered carefully, due to the impact on the deficit.

Appendix 2 set out the position on the Capital Programme. The capital budget for 2020/21, approved by Council in February 2020 had been £22.083m. The Finance and Resources Portfolio Holder highlighted a request for the re-profiling of £4.678m which had been set out at paragraph 3.2.3 as well as a Virement request for £314,000 to be

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transferred from reserves to the 2021/22 revenue budgets to fund the Community Led Housing Officer post and capacity grants.

Councillor Jarvis highlighted to Members, the inclusion of a fourth recommendation to the report which sought to transfer any unspent funds from the Councillor Locality budget to the Personal Finance Resilience Reserve at year end.

Appendix 3 provided an overview of the Council’s investments and highlighted that they had performed well against market expectations, with all investments performing in excess of their benchmarks.

Councillor Jarvis, in closing, said that the report highlighted that this Council was financially well-managed, running a balanced budget whilst continuing to deliver services and invest in improvements to the way it carried out business. He thanked the Finance Lead Specialist (Section 151 Officer) and the Finance Team for their work in producing the report.

During discussion on the Item, Members expressed their support and thanks for the hard work of officers. Councillor Jarvis, in responding to a request to consider moving any unspent budgets of Councillors who have resigned to allow the fellow ward Councillors to use the unspent budgets if possible before the deadline, agreed to provide a written response after consulting with Officers. Further discussion on this item highlighted the impact of Covid-19 and hopes that the Government would cover all costs for Local Councils throughout the pandemic to ensure they were not left to recover from the impact of the pandemic without support.

RESOLVED – That:-

(1) the contents of the report and Appendices 1-3, be noted;

(2) the re-profiling of the Capital Programme as shown in 3.2.3, be approved; and

(3) the use of reserves for Community Housing Fund for 2021/22 as set out in 3.3, be approved.

(4) approve the transfer of any unspent Councillor Locality Budget to the Personal Finance Resilience Reserve at year end.

C/97 COUNCIL TAX DISCOUNT AND PREMIA

Note – a number of Councillors declared a disclosable pecuniary interest in this item. The following Councillors were disconnected from the meeting for the remainder of the discussion and voting on the item:-

 Councillors Ben Berry;  Roger Bingham;  Stephen Coleman;  Brian Cooper;  Tom Harvey;  Kevin Lancaster; and  Doug Rathbone.

Note - Councillors John Holmes and Susanne Long, declared a disclosable pecuniary interest in this item by virtue of the fact that they had been nominated

Page 12 107 23.02.2021 Council by South Lakeland District Council as Directors to South Lakes Housing, requested to remain in the meeting and Councillor John Holmes requested to speak on the item, after both Councillors would be disconnected from the meeting for the discussion and voting on the item.

Note – As the Chairman, Councillor Stephen Coleman had declared a disclosable pecuniary interest in this item, the Vice-Chair, Councillor Pete McSweeney took over as Chairman for the remainder of the item.

The Finance and Resources Portfolio Holder highlighted the decision from the November Cabinet meeting, where three sets of changes where agreed. These included an increase to the Council Tax premium on properties empty for more than two years, a reduced discount period for unoccupied and unfurnished properties from six months to one month and the removal of the 100% relief for Council Tax for 12 months for properties undergoing major repairs and structural alterations. The three changes were subject to a 6 week consultation period, during which 93 responses were received. The consultation period returned reasonable support for the increase in Council Tax on empty properties, but strong resistance to the proposal to reduce the Council Tax discount on unoccupied and unfurnished properties from six months to one month. Many landlords had felt that this provided an inadequate period between rentals and that the 28 day period was insufficient to undertake refurbishment works. As a result, the Council now proposed to allow the unoccupied and unfurnished discount to apply for up to 3 months.

The final proposal, linked to major repair and structural alteration, saw the majority of respondents opposed to the change. However, the impact of this change needs to be considered against the overall cost of issuing this discount overall and the proposal still appears to be a fair reflection of the limited financial saving through reducing council tax compared to the overall costs of renovation and repairing properties.

In concluding his report, the Finance and Resources Portfolio Holder explained that the overall financial impact of these changes had been small, the overall cost of the reliefs by £57,000 with the Council’s share being £6,000, the overall benefit for the Council over the next financial year reduces from £49,000 to £43,000. He reminded Members that these changes had been driven by the desire to get fairness between Council Tax payers, ensuring that the reliefs had gone to those that need them most, to simplify the processes and reduce work for officers; and to get empty properties back into long- term use.

Councillor Jarvis moved the recommendations contained within the report. He was seconded by Councillor Matt Severn Councillor John Holmes expressed his support for the principle to bringing empty homes back into use, but raised a significant concern with the future regulation changes to Energy Performance Certificates and the impact this would have on Landlords, particularly when the proposed 12-month period was taken into consideration. He proposed that consideration should be given to applications from major developers should be allowed a longer period of time in order to comply with the changes.

In responding to the concern raised by Councillor Holmes, the Deputy Leader and Housing and Innovation Portfolio Holder confirmed that this matter had received a large amount of responses in the consultation. The Portfolio Holder informed Members that he had attended a meeting with Stakeholders, relevant Officers and local MPs to discuss the impact on major developers. He highlighted that the Council had agreed to

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do further research into a potential procedural recommendation in addition to this report and the potential of allowing major developers an exemption.

Note – at this point in the proceedings Councillors John Holmes and Susanne Long were both disconnected from the meeting, for the reasons described above.

Councillor Matt Severn expressed support for the proposals and the case by case approach for exemptions to the policy, which he felt was fairer and a more suitable method for bringing empty homes back into use.

A vote was taken by roll call and it was

RESOLVED – that the amended proposals outlined in paragraph 3.1. be approved.

C/98 REVIEW OF THE LOCAL COUNCIL TAX REDUCTION SCHEME 2021

Note – Councillor Gill Gardner declared a disclosable pecuniary interest in this item and was disconnected from the meeting.

Note – Linda Fisher, Legal Governance and Democracy Lead Specialist (Monitoring Officer) declared a personal interest in this item of business by virtue of the fact that she was a Trustee of the War Widows Association. She remained in the Chamber during the discussion and voting on the item, although with no voting rights as an officer of the Council.

The Finance and Resources Portfolio Holder highlighted the South Lakeland District Council was one of a limited number of Councils to offer up to 100% Council Tax relief and that around 10% of properties benefitted from the scheme. After considering the options for change, it was expected that the current scheme would continue unchanged for the financial year of 2021/22. This was with the exception of applying the annual upratings and other minor income and capital disregards, and treatment of persons from abroad aligned to other means tested benefit schemes.

The Portfolio Holder added that this was not something that the Council had to do, but was something the Council had chosen to do with continual cross party support for the scheme.

Councillor Jarvis moved the recommendations contained in the report and was seconded by Councillor Suzie Pye, Health, Wellbeing and Financial Resilience Portfolio Holder, who was also proud to be associated with an authority which went beyond its statutory obligation when it came to helping the most vulnerable in society, alleviating poverty and tackling inequality in South Lakeland. The Council remained one of only 36 authorities to offer a fully-funded Council Tax Reduction scheme for working age claimants, which was not cheap. Councillor Pye felt it to be value for money, and allowed people to manage, to flourish and to thrive.

Members echoed what had been said and thanked the Finance Team for putting together a balanced budget to enable the Council to offer this Local Council Tax Reduction Scheme.

No Member having raised concern when asked by the Chairman, it was

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RESOLVED – That:-

(1) the current Local Council Tax Reduction Scheme it being the most appropriate scheme for this Council for the financial year commencing 1st April 2021 subject to the Operational Lead Case Management in consultation, be approved and adopted, with the Finance and Resources Portfolio Holder being authorised to:-

(a) make all necessary updates to this Council’s Council Tax Reduction Scheme to comply with any statutory requirements that may be issued by central government;

(b) make all necessary amendments to the Council’s Council Tax Reduction Scheme to uprate the allowances and premiums in accordance with the HB Circular A1/2021 regarding annual upratings issued in January 2021 by the Department of Work and Pensions; and

(c) publish the updated scheme in accordance with the Local Government Finance Act 2012.

C/99 2021/22 TO 2025/26 BUDGET

The Finance and Resources Portfolio Holder presented the 2021/22 to 2025/26 Five Year Draft Budget. He advised Members that while the document was a final version, the impact of the pandemic meant the situation was changing on a regular basis. The expected outcome was that the Council would be in a position to deliver the priorities set out in the Council Plan within its resources. The Portfolio Holder highlighted comments from the Overview and Scrutiny Committee who agreed the budget report but added a rider, that they accepted the sensitivity of car park charging, and given the current situation and the fact that it had been 8 years since last raised there is little option. This would enable the statutory requirement to agree a balanced budget and to set the appropriate Council Tax level for 2021/22.

The Customer Connect programme had substantially reduced future budget deficits. However, the Covid-19 pandemic has had a fundamental impact on the Council’s financial position. The Finance and Resources Portfolio Holder explained that although the Government had introduced a number of one-off grants to mitigate the impact of Covid-19 as part of the local government settlement, these were insufficient to cover the full extent of the additional costs and income lost due to the pandemic. He added that the government had also further delayed the reform of local government funding and that options were being developed to balance future budget deficits.

The Finance and Resources Portfolio Holder highlighted that whilst Officers recommended a balanced budget to Council, this provided a snapshot of the financial position of the Council due to the impact of Covid-19 and potential changes to local government funding. He added that a balanced budget would put the Council in the best place to move into the next financial year and continue to invest in our communities which had been run through a diverse and impressive programme this year. The Portfolio Holder was happy to move the recommendations in the report and reminded Members that despite the difficult and unprecedented times brought on by Covid-19 and changes to Local Government funding, that with prudent financial management, the Council was still able to fulfil its commitment to investing in communities. He thanked the Section 151 Officer and other officers in the Finance team for their continual hard work during these difficult times.

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Councillor Jarvis was seconded by Councillor Giles Archibald.

Note – at this point in the proceedings (8.31 p.m.), the Chairman, Councillor Stephen Coleman left the meeting. Vice-Chairman Councillor Pete McSweeney took over as Chairman and continued the meeting.

In seconding the proposals, Councillor Archibald reiterated the points raised in the report on continuing to deliver on bigger projects and the importance of the continuing to deliver on ongoing projects.

In accordance with the Local Authorities (Standing Orders) () (Amendment) Regulations 2014 and the Council’s Rules of Procedure, a recorded vote was taken on the recommendations as follows:–

The following Members voted in favour (30) – Councillors Giles Archibald, Robin Ashcroft, Rupert Audland, Jonathan Brook, Helen Chaffey, Tracy Coward, Phillip Dixon, Judy Filmore, Gill Gardner, Eamonn Hennessy, Hazel Hodgson, Chris Hogg, Rachael Hogg, Andrew Jarvis, Dyan Jones, Helen Ladhams, Malcolm Lamb, Susanne Long, Pete McSweeney, Ian Mitchell, Jon Owen, Suzie Pye, Doug Rathbone, Matt Severn, Peter Thornton, David Webster, Ian Wharton, Janet Willis, Mark Wilson and Shirley-Anne Wilson.

The following Councillor voted against (1), Councillor Ben Berry.

The following Councillors abstained (12), Councillors Caroline Airey, Pat Bell, Roger Bingham, Brian Cooper, Michael Cornah, Tom Harvey, John Holmes, Kevin Holmes, Helen Irving, Janette Jenkinson, Kevin Lancaster and Brian Rendell.

RESOLVED – That:-

(1) the Chief Finance Officer’s Statutory Report, as set out in Appendix 1 to the report, be noted;

(2) a Budget Requirement of £9,285,400 for 2021/22 as set out in Section 2b of the Draft Budget Book (Appendix 2) be adopted;

(3) a £5.00 (2.51%) increase in the Band D Council tax to £204.54 for District Council Services for 2021/22 as part of a balanced revenue budget be approved;

(4) the detailed service budgets as set out in Section 3 of the Draft Budget Book be approved;

(5) the latest Collection Fund Estimates, Parish Council precepts and Parish Council taxes for 2021/22, as set out in Section 4 of the Draft Budget Book, be noted;

(6) the Capital Programme, as set out in Section 5 of the Draft Budget Book, be approved;

(7) the Reserves, as set out in Section 6 of the Draft Budget Book, be approved;

(8) the Fees and Charges Book for 2021/22, as set out in Appendix 3 to the report, be approved;

(9) the Statutory Pay Policy Statement, as set out in Appendix 4 to the report, be adopted and published;

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(10) the Equality Impact Assessment and Health, Social, Economic and Environmental Impact Assessment attached to the report at Appendices 5 and 6 respectively be noted; and

(11) it be noted that the proposals contained in the report have been incorporated into the Procurement Schedule, Prudential Indicators and Treasury Management Framework elsewhere on the agenda.

C/100 CALCULATING AND SETTING THE 2021/22 COUNCIL TAX

Councillor Andrew Jarvis, Finance and Resources Portfolio Holder, presented a report to enable the Council to calculate and set the Council Tax for 2021/22.

The precepts from Cumbria County Council and the Cumbria Police and Crime Commissioner had been confirmed, at the values previously proposed, on the 18 and 19 February 2021 respectively.

As the billing authority, South Lakeland District Council was required to undertake a series of calculations in order to determine the Council Tax to be set for each parish within the District. Once the Council Tax had been approved, Council Tax bills would be issued to each household in South Lakeland during March 2021 in accordance with the amounts set, subject to any reductions for discounts, exemptions or reliefs.

Councillor Jarvis proposed that the suggested Council Tax Resolution contained within Appendix 1of the report be approved. This was seconded by Councillor Giles Archibald, Leader and Promoting South Lakeland Portfolio Holder.

In responding to questions raised by Members, Councillor Jarvis highlighted that there were some challenges linked to the equalisation based on how the unparished areas, however there was nothing in this year’s Council Tax proposals that would exacerbate the difficulty.

Note – Councillor Shirley-Anne Wilson left the meeting at 8.41 p.m.

In accordance with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 and the Council’s Rules of Procedure, a recorded vote was taken on the recommendations as follows:–

The following Members voted in favour (40) – Councillors Giles Archibald, Robin Ashcroft, Rupert Audland, Pat Bell, Roger Bingham, Jonathan Brook, Helen Chaffey, Brian Cooper, Michael Cornah, Tracy Coward, Phillip Dixon, Judy Filmore, Gill Gardner, Tom Harvey, Eamonn Hennessy, Hazel Hodgson, Chris Hogg, Rachael Hogg, John Holmes, Kevin Holmes, Helen Irving, Andrew Jarvis, Janette Jenkinson, Dyan Jones, Helen Ladhams, Malcolm Lamb, Kevin Lancaster, Susanne Long, Pete McSweeney, Ian Mitchell, Jon Owen, Suzie Pye, Doug Rathbone, Brian Rendell, Matt Severn, Peter Thornton, David Webster, Ian Wharton, Janet Willis and Mark Wilson.

There were no votes against.

The following Members abstained (2), Councillor Caroline Airey and Ben Berry.

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RESOLVED – That

(1) It be noted that on the 17th December 2020, under powers delegated under Paragraph 3.1 of Part 3 of the Council’s Constitution , the Finance Lead Specialist (Section 151 Officer) calculated the Council Tax Base for the financial year 2021/22 by means of an Administrative Decision:-

(a) For the whole of the District as 45,396.81 (Item T in the formula in Section 31(B) of the Local Government Finance Act 1992 (”the Act”), as amended); and

(b) For each part of the Council’s area: ALDINGHAM 566.02 LAMBRIGG 42.90 ANGERTON 7.78 LEVENS 577.23 ARNSIDE 1,158.05 LINDALE AND NEWTON IN CARTMEL 427.87 BARBON 135.46 LONGSLEDDALE 41.13 BEETHAM 875.18 ALLITHWAITE AND CARTMEL 904.46 BLAWITH & SUBBERTHWAITE 139.69 LOWER HOLKER 713.47 BROUGHTON EAST 146.07 LOWICK 123.90 BROUGHTON WEST 440.58 LUPTON 88.55 BURTON IN KENDAL 618.40 MANSERGH 77.01 CARTMEL FELL 245.30 20.46 CASTERTON 173.86 MIDDLETON 52.05 CLAIFE 233.26 MILNTHORPE 717.66 COLTON 486.37 NATLAND 518.68 CONISTON 467.10 NETHER STAVELEY 322.42 CROOK 218.21 NEW HUTTON 177.18 CROSTHWAITE & LYTH 382.19 OLD HUTTON & HOLMESCALES 177.93 DENT 347.68 OSMOTHERLEY 121.26 DOCKER 27.30 215.79 DUNNERDALE 80.17 PENNINGTON 752.18 EGTON WITH NEWLAND 384.89 PRESTON PATRICK 182.32 FAWCETT FOREST 15.49 PRESTON RICHARD 498.92 FIRBANK 62.16 SATTERTHWAITE 134.28 GARSDALE 124.31 SCALTHWAITERIGG 44.58 GRANGE 2,140.13 1,052.38 GRAYRIGG 102.60 SEDGWICK 188.92 HAVERTHWAITE 381.39 SKELSMERGH 165.16 HAWKSHEAD 330.09 SKELWITH 120.56 HELSINGTON 170.88 STAINTON 150.96 HEVERSHAM 351.85 STAVELEY IN CARTMEL 278.3 HINCASTER 103.25 501.43 HOLME 580.17 151.54 239.93 TORVER 83.88 HUTTON ROOF 109.27 4,147.57 KENDAL 10,430.64 UNDERBARROW 203.61 KENTMERE 63.08 URSWICK 613.14 KILLINGTON 79.28 WHINFELL 78.40 KIRKBY IRELETH 513.27 WHITWELL & SELSIDE 98.84 926.16 WINDERMERE 4,021.34 LAKES 2,437.20 WITHERSLACK 313.84 Total 45,396.81

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(2) The Council Tax requirement for the Council’s own purposes for the financial year 2021/22 (excluding parish precepts) be calculated as £9,285,464.00. No costs are to be treated as special expenses;

(3) That the following amounts be calculated for the financial year 2021/22 in accordance with Sections 31 to 36 of the Act, as amended by the Localism Act 2011:-

(a) £74,503,905.00 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2) of the Act taking into account all precepts issued to it by Parish Councils;

(b) £63,405,437.00 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(3) of the Act; including Revenue Support Grant and retained Business Rates; (c) £11,098,468.00 being the amount by which the aggregate at 3(a) above exceeds the aggregate at 3(b) above, calculated in accordance with section 31A(4) of the Act as its Council Tax requirement for the year (Item R - P in the formula in Section 31B of the Act);

(d) £244.48 being the amount at 3(c) above (Item R) all divided by Item T(1(a) above) calculated by the Council, in accordance with Section 31B of the Act, as the basic amount of its Council Tax for the year (including parish precepts); (e) £1,813,004.00 being the aggregate of all special items (parish precepts) referred to in Section 34(1) of the Act (as per the attached Appendix 2);

(f) £204.54 being the amount at 3(d) above less the result given by dividing the amount at 3(e) above by item T (1(a) above), calculated by the Council, in accordance with Section 34(2) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its District to which no parish precept relates.

(4) That the amounts to be taken into account in respect of each category of dwellings listed in a particular valuation band be calculated by multiplying the amounts at 3(f) above by the proportion set out in section 5(1) of the Local Government Finance Act 1992 as being applicable to each valuation band and dividing by the proportion applicable to Band D:-

BAND BAND BAND BAND BAND BAND BAND BAND A B C D E F G H £ £ £ £ £ £ £ £ SOUTH LAKELAND DISTRICT COUNCIL 136.36 159.09 181.81 204.54 249.99 295.45 340.90 409.08

(5) That the amounts to be taken into account in respect of each category

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of dwellings listed in a particular valuation band for each of the Council’s areas be calculated by adding to the amounts at 3(f) the amounts the parish precepts relating to dwellings in those parts of the district mentioned below divided in each case by the relevant amount at 1(b) calculated in accordance with section 34(3) of the Act as the basic amounts of its council tax for the year for dwellings in those parts of the district to which parish precept relate and in the proportion set out in section 5(1) of the Local Government Finance Act 1992 as being applicable to each valuation band and dividing by the proportion applicable to Band D, as set out at Appendix 1 to these minutes;

(6) To note that the County Council and the Cumbria Police and Crime Commissioner have provisionally issued precepts to the Council in accordance with Section 40 of the Act for each category of dwellings in the Council’s district as indicated in the table below:

BAND BAND BAND BAND BAND BAND BAND BAND A B C D E F G H £ £ £ £ £ £ £ £

CUMBRIA COUNTY COUNCIL

Main Precept 893.95 1,042.95 1,191.94 1,340.93 1,638.91 1,936.90 2,234.88 2,681.86

Adult Social Care Element 104.74 122.20 139.65 157.11 192.02 226.94 261.85 314.22 TOTAL CUMBRIA COUNTY COUNCIL 998.69 1,165.15 1,331.59 1,498.04 1,830.93 2,163.84 2,496.73 2,996.08 POLICE AND CRIME 181.44 211.68 241.92 272.16 332.64 393.12 453.60 544.32 COMMISSIONER

(7) in accordance with section 30(2) of the Local Government Finance Act 1992 the amounts of Council tax payable in respect of each category of dwelling for the financial year 2021/22 be calculated as the aggregate of the amounts shown in Appendix 2 to these minutes; and

(8) it be determined that the Council’s basic amount of Council Tax for 2021/22 is not excessive in accordance with principles approved under Section 52ZB of the Act.

C/101 TREASURY AND CAPITAL STRATEGY 2021/22 TO 2025/26

Councillor Andrew Jarvis, Finance and Resources Portfolio Holder presented a report setting out the Council’s Treasury Management Strategy for 2021/22 to 2025/26 and the Capital Strategy for 2021/22 to 2033/34 which were expected to be approved by Council on 23 February 2021. The report had been updated to reflect the 2021/22 Budget and Capital Programme. The Portfolio Holder informed Members that the Overview and Scrutiny Committee and Cabinet had recommended the report for approval. The strategies fulfilled five key legislative requirements relating to the setting of prudential indicators, the Council’s Minimum Revenue Provision (MRP) Policy, the

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Treasury Management Strategy Statement the Investment Strategy and the Capital Strategy, details of which were provided. The Portfolio Holder made reference to the significant changes to the economic situation which included the impact of the Covid-19 pandemic on the UK economy and GDP levels, the current Bank of England interest rate of 0.1%, significant increases in public borrowing and the uncertainty and risk surrounding Brexit. He went on to explain two temporary modifications to the Council’s investment strategy relating to counterparty limits, the first allowing the very large sums received from Government for the Covid-19 grants to be lodged with the Council’s principle banker. The second the counter party limit for Money Market funds was increased from £5m to £10m and proposed that both of the changes are made permanent. The Finance and Resources Portfolio Holder added that it was proposed that a new local prudential indicator for internal borrowing be introduced. He noted that the capital strategy remained relatively unchanged from last year with the long-term view of possible capital expenditure being taken which had helped the Council improve the quality of decision making and prioritisation of certain expenditures. Councillor Jarvis commended the prudent and professional approach to the Treasury Management Strategy which included diverse list of projects. He highlighted the importance of publishing the both strategies which improved transparency and moved the recommendations contained within the report and was seconded by Councillor Jonathan Brook, Deputy Leader and Housing and Innovation Portfolio Holder. During discussion Members highlighted the importance of both strategies and commended the detailed and thorough nature of the annual review. Councillor Jarvis responded and emphasised the significant duty to ensure that Council funds were prudently managed. No Member having raised concern when asked by the Chairman, it was

RESOLVED – That the followed be approved:-

(1) the Treasury Management Strategy, Capital Strategies and the authorised and operational borrowing limits within the report;

(2) the permanent increase to £10m of the limit for investing with individual Money Market Funds and the disregarding of Government Covid funds when applying the counterparty limit to the Council’s Bankers NatWest; and

(3) the introduction of a new local prudential indicator for internal borrowing.

C/102 PROCUREMENT SCHEDULE 2021/22

The Finance and Resources Portfolio Holder, Councillor Andrew Jarvis, reported that since April 2016, the Council’s Constitution had permitted officer to conduct and conclude the contracting processes without further approval, providing it was in line with the Procurement Schedule, to be approved by Council at least annually. Where a procurement process was over budget, then approval would still be required in accordance with the Financial Procedure Rules. Where an officer sought approval for a waiver or exemption under the Contract Procedure Rules, this was also included in the Procurement Schedule.

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The Procurement Schedule for 2021/22 was attached at Appendix 1 to the report and had also been considered by the Overview and Scrutiny Committee and Cabinet. Cabinet had recommended the Procurement Schedule 2021/22 to Council for approval.

Councillor Jarvis proposed the recommendation contained in the report and this was seconded by Councillor Lamb.

No Member having raised concern when asked by the Chairman, it was

RESOLVED – That:-

(1) The Procurement Schedule for 2021/22 attached at Appendix 1 are approved; and

(2) The changes to Procurement in line with Brexit, be noted.

Note- Councillor Caroline Airey left the meeting at this stage, 9.08 p.m.

C/103 UPDATES TO THE COUNCIL'S CONSTITUTION

Councillor Phillip Dixon, Customer and Commercial Services and People Portfolio Holder presented the report. He emphasised how valuable the constitution was to the Council and added that in order to make the constitution more nimble and alongside the amendments set out in the report, it was proposed to set up a constitutional working group, with all Group Leaders invited.

Councillor Dixon proposed the recommendations set out in the report and was seconded by Councillor Helen Ladhams who reminded Members how important good governance and regular checks on the constitution were to the Council.

Member discussion raised initial concerns with the amendments and additional delegation to officers but had been alleviated by the proposal to set up a constitutional working group.

No Member having raised concern when asked by the Chairman, it was

RESOLVED – That:-

(1) the proposed amendments to the Constitution outlined in paragraphs 3.2, 3.3, 3.4 and 3.5 be noted;

(2) that the Monitoring Officer will make any additional consequential changes to the constitution to take account of these proposals if agreed by Council be noted;

(3) the establishment of a Constitutional Working Group to comprise of the Leaders of the Political Parties, Cllr Filmore and the Customer and Communities Portfolio Holder be agreed;

(4) the Monitoring Officer be authorised, to make all necessary changes to the Constitution to bring into effect the changes to Job Titles relating to Customer Connect; and

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(5) all consultation responses received to date regarding amendments to the constitution will be considered by the Monitoring Officer and a further report will be brought to the March 2021 Council meeting be noted.

Note – In accordance with the Council’s Constitution, Part 4, Rule 8 (Rules of Procedure), a motion to continue the meeting past 9.30 p.m. was moved by the Chairman, seconded by Councillor Ladhams.

Note – It was moved by the Chairman to take a brief comfort break, returning at 9.30 p.m. and was seconded by Councillor Ladhams.

Note – The following Councillors left the meeting at 9.21 p.m. during the proposed adjournment:-

(1) Councillor Ben Berry; (2) Councillor Roger Bingham; (3) Councillor Michael Cornah; (4) Councillor Hazel Hodgson; (5) Councillor John Holmes; and (6) Councillor Helen Irving.

C/104 LEADER'S ANNOUNCEMENTS AND CABINET QUESTION TIME (30 MINUTES)

The Leader of the Council, Councillor Giles Archibald, addressed Council and began by thanking Members for their contributions over the last year and the commitment to both the role of Councillor and to the community. Councillor Archibald moved on and thanked both NHS and all other key workers who had put themselves at risk throughout the pandemic and informed Members that he planned to write a letter, to the NHS, third sector and charity workers, thanking them for their work during the pandemic.

Councillor Archibald referred to Local Government Reform and highlighted the ongoing change to how the Council worked, he encouraged Members to sign up for My Account and requested that Members, as leaders in the community, advised the public to do so as well. He moved on to thank all officers for their continued hard work.

The Leader recognised the strain, that the hard work throughout the pandemic had put on officers and highlighted that some projects had been reprioritised. He advised Members that the Council wished to curb the use of paper agendas and recommended using the corporate email network and Mod.Gov to receive both public and private agendas. The Leader recognised the time and resources taken up in producing paper copy agendas and added that Officers were no longer receiving paper copies. In concluding his address to Council, the Leader encouraged Members to contact officer to ensure that any remaining Locality Budgets were used before the deadline.

In accordance with paragraphs 10.2 and 10.3 of the Council’s Rules of Procedure, the following written question had been submitted to the meeting:-

From Councillor Judy Filmore to Councillor Dyan Jones, Climate Emergency and Localism Portfolio Holder- I learnt on a recent Council training on Climate Change that one of the highest percentage of carbon emissions in the UK comes from transport at 28%. Our Council relies on charging private cars to use our car parks in order to provide a substantial income towards our services. Instead of reducing carbon emissions, it seems we are reliant on carbon emissions continuing at the same rate. What are your thoughts on how we can as a Council resolve this conundrum?

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Councillor Dyan Jones responded, highlighting that any reduction in vehicle emissions was dependent on the number of electric vehicles on the road which in turn relied on access to electric vehicles. She added that the Council’s current car parking fee structure was based on providing spaces to all vehicles.

Councillor Jones stated that an improvement in access to electric vehicles wasn’t in the Councils control but that the Council remained committed to providing electric vehicle charging points across the district. The Portfolio Holder highlighted the Government mandate to end the sale of Internal Combustion Engine Vehicles by the end of 2030 and the sale of Hybrid vehicles by 2035. She moved on and highlighted that an approximate 40,000,000 vehicles were on the road in the country, and with government advisors recommending a ban on new diesel lorries no later than 2040, the issue lay with the government to work with manufacturers to reduce carbon emissions from transport and ultimately support, in particular, rural Councils. In concluding her response, Councillor Jones emphasised that the Council’s role going forwards, would be to manage a smooth transition as the usage of car parks changes.

From Councillor Judy Filmore to Councillor Suzie Pye, Health, Wellbeing and Financial Resilience Portfolio Holder - In Ulverston a food waste project has been set up which essentially sells food to local people which otherwise would have been wasted from local shops and supermarkets. They have been consistently giving one third of the food boxes that go out each week to families that cannot afford to pay the small cost. What started as a food waste project has in addition become a much needed service to families in poverty. Given that we recently declared a Poverty Emergency is our Council going to provide funding for projects that alleviate poverty in the same way that limited funds recently could be applied for linked to the Climate Emergency?

Councillor Pye informed Members this time last year, there had been five Food Banks in South Lakeland. In the following 12 months, the number of food initiatives had tripled with further organisations being discussed to begin in the coming months. She added how humbling it had been to witness the response from communities over the last year to the increased need for such initiatives.

The Portfolio Holder informed Members of the diverse mix of food initiatives which included the traditional food banks and food shares as well as more informal take-what- you-want boxes. She added that a green agenda was a common trait in these initiatives whereby, surplus food had been diverted from landfill and redistributed amongst communities. Councillor Pye added that these initiatives had an increasingly important role to play in helping people who had struggled financially, to access food and highlighted that 3.6 million tonnes of food was wasted by the food industry each year, with 8.4 million people in the UK struggling to afford to eat, with food initiatives facilitating in bridging the gap between those figures.

Councillor Pye, informed Members that she was proud to be involved with Sedbergh Food Club, where the initiative receives a van of rejected food each week, courtesy of Fareshare with 123 households being supplied with food in the previous week. Sedbergh Food Club catered for two groups of households, one group who used the club for environmental reasons and others where the food provided may have been the difference maker in managing to put the food on the table.

Councillor Pye highlighted the importance of these initiatives and cheap or free food being provided under the banner of environmental action. She ran through a number of other initiatives that had been created including toy shares and repair cafes.

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In concluding her response, Councillor Pye discussed funding of the food initiatives which the Council had supported with Kendal Food Hub last summer but noted that all of the initiatives had been able to access sufficient DEFRA funding via Cumbria County Council in recent months. Councillor Pye urged Members who had been aware of any food projects who had struggled to start up or any community project aimed at alleviating poverty, to contact her to discuss how progress could be made.

From Councillor Eamonn Hennessy to Councillor Robin Ashcroft, Economy, Culture and Leisure Portfolio Holder - The recent announcement by GSK of their decision to close down their operation in Ulverston and Barnard Castle clearly has significant implications for both the economy of South Lakeland and Ulverston. Would Cllr Ashcroft, as portfolio holder for Economy please update on the situation and what approach the council intends to take in addressing the situation?

Councillor Ashcroft responded by that Glaxo Smith Klein (GSK) had confirmed its decision to sell the antibiotics business to Sandoz, which was consistent with other decisions made globally as part of the company’s strategic direction. It is anticipated that Sandoz would eventually take production in house, however, Councillor Ashcroft confirmed that there had been a four year manufacturing supply agreement between GSK and Sandoz meaning that manufacturing is expected to continue for that period.

The Portfolio Holder raised the importance of GSK as an employer for Ulverston and South Lakeland, which provided well-paid, skilled jobs and serving the local supply chain with the skills-base being a key strength of the Furness area and wider Morecambe Bay. He informed Members that the Council was actively engaged with the GSK Taskforce, which was chaired by Simon Fell MP and aimed at mitigating the impact and being proactive in ensuring a bright future for the workforce and wider site.

Councillor Ashcroft assured Members that the Council would be seeking to ensure that an adequate employee support programme was in place and that jobs are retained, where possible, as well as the strategic site in Ulverston for future employment. In addition he confirmed the continuation of the work with partners in administering the GSK Enterprise Fund, providing finance to help job creation in the area.

In concluding his response, Councillor Ashcroft informed Members that the Council had commissioned a Masterplan for the site which was to work with an experienced consultant and local stakeholders to consider the future of the site with a particular aspiration to retain life sciences and advanced manufacturing capabilities on the site.

Note – Councillor Brian Rendell left the meeting at 9.54 p.m.

The written questions been put and answered, the following verbal question was put:-

Councillor Helen Chaffey to Councillor Phillip Dixon, Customer and Commercial Services and People Portfolio Holder – When will Green Bin collection, be resumed?

Councillor Phillip Dixon responded by informing Members that the green bin collection was likely to be restarted soon and it had been postponed due to a number of staff members either suffering or shielding from Covid.

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C/105 MINUTES OF MEETINGS

No comments or questions had been received in respect of the minutes of committee meetings held between 12 October and 15 December 2020.

C/106 QUESTIONS TO CHAIRMAN OF THE COUNCIL OR CHAIRMAN OF ANY COMMITTEE OR SUB-COMMITTEE

No questions had been received under Rule 10.6 of the Council’s Rules of Procedure.

C/107 URGENT DECISIONS

No urgent Executive Decisions had been taken since that last meeting of the Council on 15 December 2020.

C/108 EMERGENCY DELEGATED EXECUTIVE DECISIONS

No Member having raised concern when asked by the Chairman, it was

RESOLVED – That the following Emergency Delegated Executive Decisions taken by the Chief Executive, in accordance with the Leaders decision noted by Cabinet at CEX/104 (2019/20), be noted:-

(1) 013 31-12-20 Local Restrictions Business Grants; and

(2) 014 18-01-21 Business Support Grants (National Restrictions January).

Appendix 1 Appendix 2

The meeting ended at 10.02 p.m.

Page 26 COUNCIL TAX SCHEDULE FOR EACH PARISH IN THE DISTRICT Appendix 1 Valuation Bands Minute Appendix BAND A BAND B BAND C BAND D BAND E BAND F BAND G BAND H PARISH £ £ £ £ £ £ £ £ ALDINGHAM £ 149.77 £ 174.73 £ 199.69 £ 224.65 £ 274.57 £ 324.50 £ 374.42 £ 449.30

ARNSIDE £ 165.45 £ 193.02 £ 220.59 £ 248.17 £ 303.32 £ 358.47 £ 413.62 £ 496.34

BARBON £ 169.95 £ 198.27 £ 226.59 £ 254.92 £ 311.57 £ 368.22 £ 424.87 £ 509.84

BEETHAM £ 156.75 £ 182.88 £ 209.00 £ 235.13 £ 287.38 £ 339.64 £ 391.88 £ 470.26

BLAWITH & SUBBERTHWAITE £ 153.69 £ 179.31 £ 204.92 £ 230.54 £ 281.77 £ 333.01 £ 384.23 £ 461.08

BROUGHTON EAST £ 152.33 £ 177.73 £ 203.11 £ 228.50 £ 279.27 £ 330.06 £ 380.83 £ 457.00

BURNESIDE (1) £ 163.83 £ 191.13 £ 218.43 £ 245.74 £ 300.35 £ 354.96 £ 409.57 £ 491.48

BURTON IN KENDAL £ 155.73 £ 181.69 £ 207.64 £ 233.60 £ 285.51 £ 337.43 £ 389.33 £ 467.20

CARTMEL FELL £ 153.31 £ 178.86 £ 204.41 £ 229.96 £ 281.06 £ 332.17 £ 383.27 £ 459.92

CASTERTON £ 169.11 £ 197.30 £ 225.48 £ 253.67 £ 310.04 £ 366.42 £ 422.78 £ 507.34

CLAIFE £ 155.87 £ 181.85 £ 207.82 £ 233.80 £ 285.75 £ 337.71 £ 389.67 £ 467.60

COLTON £ 154.91 £ 180.74 £ 206.55 £ 232.37 £ 284.00 £ 335.65 £ 387.28 £ 464.74

CONISTON £ 165.60 £ 193.20 £ 220.80 £ 248.40 £ 303.60 £ 358.80 £ 414.00 £ 496.80

CROOK £ 156.73 £ 182.85 £ 208.97 £ 235.09 £ 287.33 £ 339.58 £ 391.82 £ 470.18

CROSTHWAITE & LYTH £ 148.09 £ 172.77 £ 197.45 £ 222.13 £ 271.49 £ 320.86 £ 370.22 £ 444.26

DENT £ 171.63 £ 200.24 £ 228.84 £ 257.45 £ 314.66 £ 371.88 £ 429.08 £ 514.90

DOCKER £ 136.36 £ 159.09 £ 181.81 £ 204.54 £ 249.99 £ 295.45 £ 340.90 £ 409.08

DUDDON (2) £ 170.75 £ 199.21 £ 227.66 £ 256.12 £ 313.03 £ 369.95 £ 426.87 £ 512.24 EGTON WITH NEWLAND, MANSRIGGS & OSMOTHERLEY £ 146.51 £ 170.93 £ 195.34 £ 219.76 £ 268.59 £ 317.43 £ 366.27 £ 439.52 (3)

FAWCETT FOREST £ 136.36 £ 159.09 £ 181.81 £ 204.54 £ 249.99 £ 295.45 £ 340.90 £ 409.08

FIRBANK £ 136.36 £ 159.09 £ 181.81 £ 204.54 £ 249.99 £ 295.45 £ 340.90 £ 409.08

GARSDALE £ 149.71 £ 174.66 £ 199.61 £ 224.56 £ 274.46 £ 324.37 £ 374.27 £ 449.12

GRANGE-OVER-SANDS £ 198.97 £ 232.13 £ 265.29 £ 298.45 £ 364.77 £ 431.10 £ 497.42 £ 596.90

GRAYRIGG £ 141.04 £ 164.55 £ 188.05 £ 211.56 £ 258.57 £ 305.59 £ 352.60 £ 423.12

HAVERTHWAITE £ 156.64 £ 182.75 £ 208.85 £ 234.96 £ 287.17 £ 339.39 £ 391.60 £ 469.92

HAWKSHEAD £ 159.53 £ 186.12 £ 212.70 £ 239.29 £ 292.46 £ 345.64 £ 398.82 £ 478.58

HELSINGTON £ 171.55 £ 200.14 £ 228.73 £ 257.32 £ 314.50 £ 371.69 £ 428.87 £ 514.64

HEVERSHAM £ 158.17 £ 184.54 £ 210.89 £ 237.26 £ 289.98 £ 342.71 £ 395.43 £ 474.52

HINCASTER £ 136.36 £ 159.09 £ 181.81 £ 204.54 £ 249.99 £ 295.45 £ 340.90 £ 409.08

HOLME £ 163.27 £ 190.49 £ 217.69 £ 244.91 £ 299.33 £ 353.76 £ 408.18 £ 489.82

HUTTON ROOF £ 164.14 £ 191.50 £ 218.85 £ 246.21 £ 300.92 £ 355.64 £ 410.35 £ 492.42

KENDAL £ 165.81 £ 193.45 £ 221.08 £ 248.72 £ 303.99 £ 359.27 £ 414.53 £ 497.44

KENTMERE £ 152.21 £ 177.59 £ 202.95 £ 228.32 £ 279.05 £ 329.80 £ 380.53 £ 456.64

KILLINGTON £ 136.36 £ 159.09 £ 181.81 £ 204.54 £ 249.99 £ 295.45 £ 340.90 £ 409.08

KIRKBY IRELETH £ 147.16 £ 171.69 £ 196.21 £ 220.74 £ 269.79 £ 318.85 £ 367.90 £ 441.48

Page 12127 COUNCIL TAX SCHEDULE FOR EACH PARISH IN THE DISTRICT Appendix 1 Valuation Bands

BAND A BAND B BAND C BAND D BAND E BAND F BAND G BAND H PARISH £ £ £ £ £ £ £ £

KIRKBY LONSDALE £ 177.49 £ 207.07 £ 236.65 £ 266.23 £ 325.39 £ 384.56 £ 443.72 £ 532.46

LAKES £ 165.58 £ 193.18 £ 220.77 £ 248.37 £ 303.56 £ 358.76 £ 413.95 £ 496.74

LAMBRIGG £ 136.36 £ 159.09 £ 181.81 £ 204.54 £ 249.99 £ 295.45 £ 340.90 £ 409.08

LEVENS £ 154.19 £ 179.90 £ 205.59 £ 231.29 £ 282.68 £ 334.09 £ 385.48 £ 462.58 LINDALE AND NEWTON-IN- £ 163.03 £ 190.20 £ 217.37 £ 244.54 £ 298.88 £ 353.23 £ 407.57 £ 489.08 CARTMEL LONGSLEDDALE £ 136.36 £ 159.09 £ 181.81 £ 204.54 £ 249.99 £ 295.45 £ 340.90 £ 409.08

ALLITHWAITE AND CARTMEL £ 165.05 £ 192.57 £ 220.07 £ 247.58 £ 302.59 £ 357.62 £ 412.63 £ 495.16

LOWER HOLKER £ 148.26 £ 172.97 £ 197.68 £ 222.39 £ 271.81 £ 321.23 £ 370.65 £ 444.78

LOWICK £ 153.05 £ 178.56 £ 204.06 £ 229.57 £ 280.58 £ 331.60 £ 382.62 £ 459.14

LUPTON £ 163.41 £ 190.64 £ 217.87 £ 245.11 £ 299.58 £ 354.05 £ 408.52 £ 490.22

MANSERGH £ 136.36 £ 159.09 £ 181.81 £ 204.54 £ 249.99 £ 295.45 £ 340.90 £ 409.08

MIDDLETON £ 136.36 £ 159.09 £ 181.81 £ 204.54 £ 249.99 £ 295.45 £ 340.90 £ 409.08

MILNTHORPE £ 164.47 £ 191.89 £ 219.29 £ 246.71 £ 301.53 £ 356.36 £ 411.18 £ 493.42

NATLAND £ 149.71 £ 174.67 £ 199.61 £ 224.57 £ 274.47 £ 324.38 £ 374.28 £ 449.14

NEW HUTTON £ 140.86 £ 164.34 £ 187.81 £ 211.29 £ 258.24 £ 305.20 £ 352.15 £ 422.58 OLD HUTTON & £ 146.43 £ 170.83 £ 195.23 £ 219.64 £ 268.45 £ 317.26 £ 366.07 £ 439.28 HOLMESCALES PENNINGTON £ 141.26 £ 164.81 £ 188.34 £ 211.89 £ 258.97 £ 306.07 £ 353.15 £ 423.78

PRESTON PATRICK £ 152.13 £ 177.48 £ 202.83 £ 228.19 £ 278.90 £ 329.61 £ 380.32 £ 456.38

PRESTON RICHARD £ 168.71 £ 196.84 £ 224.95 £ 253.07 £ 309.30 £ 365.55 £ 421.78 £ 506.14

SATTERTHWAITE £ 161.19 £ 188.05 £ 214.91 £ 241.78 £ 295.51 £ 349.24 £ 402.97 £ 483.56

SEDBERGH £ 160.36 £ 187.09 £ 213.81 £ 240.54 £ 293.99 £ 347.45 £ 400.90 £ 481.08

SEDGWICK £ 174.70 £ 203.82 £ 232.93 £ 262.05 £ 320.28 £ 378.52 £ 436.75 £ 524.10

SKELSMERGH AND £ 153.07 £ 178.58 £ 204.09 £ 229.60 £ 280.62 £ 331.65 £ 382.67 £ 459.20 SCALTHWAITERIGG

SKELWITH £ 160.54 £ 187.30 £ 214.05 £ 240.81 £ 294.32 £ 347.84 £ 401.35 £ 481.62

STAINTON £ 158.11 £ 184.47 £ 210.81 £ 237.17 £ 289.87 £ 342.58 £ 395.28 £ 474.34

STAVELEY IN CARTMEL £ 147.83 £ 172.48 £ 197.11 £ 221.75 £ 271.02 £ 320.31 £ 369.58 £ 443.50

STAVELEY WITH INGS (4) £ 150.02 £ 175.03 £ 200.02 £ 225.03 £ 275.03 £ 325.05 £ 375.05 £ 450.06

TORVER £ 159.80 £ 186.44 £ 213.06 £ 239.70 £ 292.96 £ 346.24 £ 399.50 £ 479.40

ULVERSTON £ 169.52 £ 197.78 £ 226.02 £ 254.28 £ 310.78 £ 367.30 £ 423.80 £ 508.56

UNDERBARROW AND £ 162.92 £ 190.08 £ 217.22 £ 244.38 £ 298.68 £ 353.00 £ 407.30 £ 488.76 BRADLEYFIELD URSWICK BARDSEA AND STAINTON £ 146.47 £ 170.88 £ 195.29 £ 219.70 £ 268.52 £ 317.35 £ 366.17 £ 439.40 WHINFELL £ 136.36 £ 159.09 £ 181.81 £ 204.54 £ 249.99 £ 295.45 £ 340.90 £ 409.08

WHITWELL & SELSIDE £ 136.36 £ 159.09 £ 181.81 £ 204.54 £ 249.99 £ 295.45 £ 340.90 £ 409.08

PagePage 122 28 COUNCIL TAX SCHEDULE FOR EACH PARISH IN THE DISTRICT Appendix 1 Valuation Bands

WINDERMERE AND BOWNESS £ 159.03 £ 185.53 £ 212.03 £ 238.54 £ 291.55 £ 344.56 £ 397.57 £ 477.08

WITHERSLACK MEATHOP AND £ 158.80 £ 185.27 £ 211.73 £ 238.20 £ 291.13 £ 344.07 £ 397.00 £ 476.40 ULPHA

Note (1) - The Parish of Burneside, comprises Strickland Ketel and Strickland Roger

Note (2) - The Parish of Duddon, comprises Angerton, Broughton West and Dunnerdale Note (3) - The Parish of Egton-with-Newland Mansriggs & Osmotherley comprises Egton with Newland, Mansriggs and Osmotherley Note (4) - The Parish of Staveley with Ings comprises, Hugill, Nether Staveley and Over Staveley

Page 12329 This page is intentionally left blank

PagePage 124 30 Minute AppendixAppendix 2 COUNCIL TAX SCHEDULE FOR EACH PARISH IN THE DISTRICT Valuation Bands

BAND A BAND B BAND C BAND D BAND E BAND F BAND G BAND H PARISH £ £ £ £ £ £ £ £ ALDINGHAM £1,329.90 £1,551.56 £1,773.20 £ 1,994.85 £2,438.14 £2,881.46 £3,324.75 £3,989.70 ARNSIDE £1,345.58 £1,569.85 £1,794.10 £ 2,018.37 £2,466.89 £2,915.43 £3,363.95 £4,036.74 BARBON £1,350.08 £1,575.10 £1,800.10 £ 2,025.12 £2,475.14 £2,925.18 £3,375.20 £4,050.24 BEETHAM £1,336.88 £1,559.71 £1,782.51 £ 2,005.33 £2,450.95 £2,896.60 £3,342.21 £4,010.66 BLAWITH & £1,333.82 £1,556.14 £1,778.43 £ 2,000.74 £2,445.34 £2,889.97 £3,334.56 £4,001.48 SUBBERTHWAITE BROUGHTON EAST £1,332.46 £1,554.56 £1,776.62 £ 1,998.70 £2,442.84 £2,887.02 £3,331.16 £3,997.40 BURNESIDE (1) £1,343.96 £1,567.96 £1,791.94 £ 2,015.94 £2,463.92 £2,911.92 £3,359.90 £4,031.88 BURTON IN KENDAL £1,335.86 £1,558.52 £1,781.15 £ 2,003.80 £2,449.08 £2,894.39 £3,339.66 £4,007.60 CARTMEL FELL £1,333.44 £1,555.69 £1,777.92 £ 2,000.16 £2,444.63 £2,889.13 £3,333.60 £4,000.32 CASTERTON £1,349.24 £1,574.13 £1,798.99 £ 2,023.87 £2,473.61 £2,923.38 £3,373.11 £4,047.74 CLAIFE £1,336.00 £1,558.68 £1,781.33 £ 2,004.00 £2,449.32 £2,894.67 £3,340.00 £4,008.00 COLTON £1,335.04 £1,557.57 £1,780.06 £ 2,002.57 £2,447.57 £2,892.61 £3,337.61 £4,005.14 CONISTON £1,345.73 £1,570.03 £1,794.31 £ 2,018.60 £2,467.17 £2,915.76 £3,364.33 £4,037.20 CROOK £1,336.86 £1,559.68 £1,782.48 £ 2,005.29 £2,450.90 £2,896.54 £3,342.15 £4,010.58 CROSTHWAITE & LYTH £1,328.22 £1,549.60 £1,770.96 £ 1,992.33 £2,435.06 £2,877.82 £3,320.55 £3,984.66

DENT £1,351.76 £1,577.07 £1,802.35 £2027.65 £2,478.23 £2,928.84 £3,379.41 £4,055.30

Page 12531

Appendix 2

Valuation Bands

BAND A BAND B BAND C BAND D BAND E BAND F BAND G BAND H PARISH £ £ £ £ £ £ £ £ DOCKER £1,316.49 £1,535.92 £1,755.32 £ 1,974.74 £2,413.56 £2,852.41 £3,291.23 £3,949.48 DUDDON (2) £1,350.88 £1,576.04 £1,801.17 £ 2,026.32 £2,476.60 £2,926.91 £3,377.20 £4,052.64 EGTON WITH NEWLAND, MANSRIGGS £1,326.64 £1,547.76 £1,768.85 £ 1,989.96 £2,432.16 £2,874.39 £3,316.60 £3,979.92 & OSMOTHERLEY (3) FAWCETT FOREST £1,316.49 £1,535.92 £1,755.32 £ 1,974.74 £2,413.56 £2,852.41 £3,291.23 £3,949.48 FIRBANK £1,316.49 £1,535.92 £1,755.32 £ 1,974.74 £2,413.56 £2,852.41 £3,291.23 £3,949.48 GARSDALE £1,329.84 £1,551.49 £1,773.12 £ 1,994.76 £2,438.03 £2,881.33 £3,324.60 £3,989.52 GRANGE-OVER-SANDS £1,379.10 £1,608.96 £1,838.80 £ 2,068.65 £2,528.34 £2,988.06 £3,447.75 £4,137.30 GRAYRIGG £1,321.17 £1,541.38 £1,761.56 £ 1,981.76 £2,422.14 £2,862.55 £3,302.93 £3,963.52 HAVERTHWAITE £1,336.77 £1,559.58 £1,782.36 £ 2,005.16 £2,450.74 £2,896.35 £3,341.93 £4,010.32 HAWKSHEAD £1,339.66 £1,562.95 £1,786.21 £ 2,009.49 £2,456.03 £2,902.60 £3,349.15 £4,018.98 HELSINGTON £1,351.68 £1,576.97 £1,802.24 £ 2,027.52 £2,478.07 £2,928.65 £3,379.20 £4,055.04 HEVERSHAM £1,338.30 £1,561.37 £1,784.40 £ 2,007.46 £2,453.55 £2,899.67 £3,345.76 £4,014.92 HINCASTER £1,316.49 £1,535.92 £1,755.32 £ 1,974.74 £2,413.56 £2,852.41 £3,291.23 £3,949.48 HOLME £1,343.40 £1,567.32 £1,791.20 £ 2,015.11 £2,462.90 £2,910.72 £3,358.51 £4,030.22 HUTTON ROOF £1,344.27 £1,568.33 £1,792.36 £ 2,016.41 £2,464.49 £2,912.60 £3,360.68 £4,032.82 KENDAL £1,345.94 £1,570.28 £1,794.59 £ 2,018.92 £2,467.56 £2,916.23 £3,364.86 £4,037.84 KENTMERE £1,332.34 £1,554.42 £1,776.46 £ 1,998.52 £2,442.62 £2,886.76 £3,330.86 £3,997.04 KILLINGTON £1,316.49 £1,535.92 £1,755.32 £ 1,974.74 £2,413.56 £2,852.41 £3,291.23 £3,949.48 KIRKBY IRELETH £1,327.29 £1,548.52 £1,769.72 £ 1,990.94 £2,433.36 £2,875.81 £3,318.23 £3,981.88 KIRKBY LONSDALE £1,357.62 £1,583.90 £1,810.16 £ 2,036.43 £2,488.96 £2,941.52 £3,394.05 £4,072.86 LAKES £1,345.71 £1,570.01 £1,794.28 £ 2,018.57 £2,467.13 £2,915.72 £3,364.28 £4,037.14 LAMBRIGG £1,316.49 £1,535.92 £1,755.32 £ 1,974.74 £2,413.56 £2,852.41 £3,291.23 £3,949.48 LEVENS £1,334.32 £1,556.73 £1,779.10 £ 2,001.49 £2,446.25 £2,891.05 £3,335.81 £4,002.98 LINDALE AND NEWTON- £1,343.16 £1,567.03 £1,790.88 £ 2,014.74 £2,462.45 £2,910.19 £3,357.90 £4,029.48 IN-CARTMEL LONGSLEDDALE £1,316.49 £1,535.92 £1,755.32 £ 1,974.74 £2,413.56 £2,852.41 £3,291.23 £3,949.48 ALLITHWAITE AND £1,345.18 £1,569.40 £1,793.58 £ 2,017.78 £2,466.16 £2,914.58 £3,362.96 £4,035.56 CARTMEL LOWER HOLKER £1,328.39 £1,549.80 £1,771.19 £ 1,992.59 £2,435.38 £2,878.19 £3,320.98 £3,985.18 LOWICK £1,333.18 £1,555.39 £1,777.57 £ 1,999.77 £2,444.15 £2,888.56 £3,332.95 £3,999.54 LUPTON £1,343.54 £1,567.47 £1,791.38 £ 2,015.31 £2,463.15 £2,911.01 £3,358.85 £4,030.62 MANSERGH £1,316.49 £1,535.92 £1,755.32 £ 1,974.74 £2,413.56 £2,852.41 £3,291.23 £3,949.48 MIDDLETON £1,316.49 £1,535.92 £1,755.32 £ 1,974.74 £2,413.56 £2,852.41 £3,291.23 £3,949.48 MILNTHORPE £1,344.60 £1,568.72 £1,792.80 £ 2,016.91 £2,465.10 £2,913.32 £3,361.51 £4,033.82 NATLAND £1,329.84 £1,551.50 £1,773.12 £ 1,994.77 £2,438.04 £2,881.34 £3,324.61 £3,989.54 NEW HUTTON £1,320.99 £1,541.17 £1,761.32 £ 1,981.49 £2,421.81 £2,862.16 £3,302.48 £3,962.98 PagePage 126 32

Appendix 2

Valuation Bands BAND A BAND B BAND C BAND D BAND E BAND F BAND G BAND H PARISH £ £ £ £ £ £ £ £ OLD HUTTON & £1,326.56 £1,547.66 £1,768.74 £ 1,989.84 £2,432.02 £2,874.22 £3,316.40 £3,979.68 HOLMESCALES PENNINGTON £1,321.39 £1,541.64 £1,761.85 £ 1,982.09 £2,422.54 £2,863.03 £3,303.48 £3,964.18 PRESTON PATRICK £1,332.26 £1,554.31 £1,776.34 £ 1,998.39 £2,442.47 £2,886.57 £3,330.65 £3,996.78 PRESTON RICHARD £1,348.84 £1,573.67 £1,798.46 £ 2,023.27 £2,472.87 £2,922.51 £3,372.11 £4,046.54 SATTERTHWAITE £1,341.32 £1,564.88 £1,788.42 £ 2,011.98 £2,459.08 £2,906.20 £3,353.30 £4,023.96 SEDBERGH £1,340.49 £1,563.92 £1,787.32 £ 2,010.74 £2,457.56 £2,904.41 £3,351.23 £4,021.48 SEDGWICK £1,354.83 £1,580.65 £1,806.44 £ 2,032.25 £2,483.85 £2,935.48 £3,387.08 £4,064.50 SKELSMERGH AND £1,333.20 £1,555.41 £1,777.60 £ 1,999.80 £2,444.19 £2,888.61 £3,333.00 £3,999.60 SCALTHWAITERIGG SKELWITH £1,340.67 £1,564.13 £1,787.56 £ 2,011.01 £2,457.89 £2,904.80 £3,351.68 £4,022.02 STAINTON £1,338.24 £1,561.30 £1,784.32 £ 2,007.37 £2,453.44 £2,899.54 £3,345.61 £4,014.74 STAVELEY IN CARTMEL £1,327.96 £1,549.31 £1,770.62 £ 1,991.95 £2,434.59 £2,877.27 £3,319.91 £3,983.90 STAVELEY WITH INGS (4) £1,330.15 £1,551.86 £1,773.53 £ 1,995.23 £2,438.60 £2,882.01 £3,325.38 £3,990.46 TORVER £1,339.93 £1,563.27 £1,786.57 £ 2,009.90 £2,456.53 £2,903.20 £3,349.83 £4,019.80 ULVERSTON £1,349.65 £1,574.61 £1,799.53 £ 2,024.48 £2,474.35 £2,924.26 £3,374.13 £4,048.96 UNDERBARROW AND £1,343.05 £1,566.91 £1,790.73 £ 2,014.58 £2,462.25 £2,909.96 £3,357.63 £4,029.16 BRADLEYFIELD URSWICK BARDSEA AND £1,326.60 £1,547.71 £1,768.80 £ 1,989.90 £2,432.09 £2,874.31 £3,316.50 £3,979.80 STAINTON WHINFELL £1,316.49 £1,535.92 £1,755.32 £ 1,974.74 £2,413.56 £2,852.41 £3,291.23 £3,949.48 WHITWELL & SELSIDE £1,316.49 £1,535.92 £1,755.32 £ 1,974.74 £2,413.56 £2,852.41 £3,291.23 £3,949.48 WINDERMERE AND £1,339.16 £1,562.36 £1,785.54 £ 2,008.74 £2,455.12 £2,901.52 £3,347.90 £4,017.48 BOWNESS

WITHERSLACK £1,338.93 £1,562.10 £1,785.24 £ 2,008.40 £2,454.70 £2,901.03 £3,347.33 £4,016.80 MEATHOP AND ULPHA Note (1) - The Parish of Burneside, comprises Strickland Ketel and Strickland Roger Note (2) - The Parish of Duddon, comprises Angerton, Broughton West and Dunnerdale Note (3) - The Parish of Egton-with-Newland Mansriggs & Osmotherley comprises Egton with Newland, Mansriggs and Osmotherley Note (4) - The Parish of Staveley with Ings comprises, Hugill, Nether Staveley and Over Staveley

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PagePage 128 34 Public Document Pack Item No.2a

EMERGENCY DELEGATED NON EXECUTIVE DECISION To the Chief Executive to take such action on behalf of the Council as appears to him/her necessary in circumstances that prevent obtaining the necessary authority from an appropriate committee following consultation with the Leader of the Council or the Chairman of the committee concerned. Where the Chief Executive is acting in an emergency and it involves spending outside any budgetary provision, then any expenditure must be reported to Full Council at the first available opportunity. (In accordance with Part 3 of the Councils Constitution 3. (B 1) (1.1) Scheme of Delegation to Officers specific delegation to the Chief Executive.) South Lakeland District Council Emergency Non-Executive Decision Additional Restrictions Grant

Date: 20/11/2020 Reference: 017

Reason for emergency The announcement of the Additional Restrictions Grant and the time line expected by Government in the delivery of that grant do now allow the Council to delay a decision until the next Full Council. It is therefore considered necessary in these circumstances and following consultation with the Leader of the Council or the Chairman of the committee concerned. Where the Chief Executive is acting in an emergency and it involves spending outside any budgetary provision, then any expenditure must be reported to Full Council at the first available opportunity (in accordance with Part 3 of the Councils Constitution 3. (B 1) (1.1) Scheme of Delegation to Officers specific delegation to the Chief Executive.)

The decision is required to be taken due to the Government’s recent announcement for a new package of financial support grants for businesses that will be administered by local authorities to pay the grants in response to the second national lockdown. Funding will be provided by the Government for the new grants. The Government have requested the grants are processed and paid as soon as possible, with the funding expected to be paid in early November 2020.

The reasons for this urgent decision are outlined in the Emergency Executive Decision taken on 20th November 2020 (attached).

Portfolio: Finance and Resources Portfolio Holder Decision Maker: Chief Executive Report Author: Gareth Candlin – Operational Lead (Specialist Services) Ruth Leahy – Specialist (Economy and Culture) Wards: All

1.0 Expected Outcome 1.1 The South Lakeland business community will be supported at this time through the administering of grants for eligible businesses. Page 35 1.2 Please see Appendix A and associated Delegated Executive Decision for full details of these schemes.

2.0 Proposed Decision 2.1 It is recommended that the Chief Executive approves: (1) Appropriate budgets be established outside the approved budget and policy framework to receive the monies and distribute funds to businesses as per Government guidance relating to the Additional Restrictions Grants.

Appendices Attached to this Report

Appendix No. Name of Appendix A Emergency Delegated Executive Decision: Additional Restrictions Grant 20 November 2020

Approved by: Signature and Date Chief Executive 20/11/2020 In consultation with The Chairman of the Council 20/11/2020

Page 36 APPENDIX A EMERGENCY DELEGATED EXECUTIVE DECISION In accordance with the Leaders decision and noted by Cabinet on 25/03/2020 to delegate to the Chief Executive any executive decision in this COVID 19 Global pandemic emergency or that is urgent or that would be necessary or expedient, or which would otherwise protect the Council’s interests, including key decisions. South Lakeland District Council Emergency Delegated Executive Decision Additional Restrictions Grants

Date: 20/11/2020 Reference: 012

Reason for emergency The Chief Executive received emergency delegated executive decision making powers on the 25th March 2020. It is considered that this decision is necessary or arises from the global COVID-19 pandemic. The matter is urgent, necessary and expedient and is needed to protect the Council’s interests. The decision is required to be taken due to the Government’s recent announcement for a new package of financial support grants for businesses that will be administered by local authorities. Funding will be provided by the Government for the new support grants for businesses due the announcement of a second national lockdown. The Government have requested the grants are processed and paid as soon as possible, with the funding be paid to the Council on the 13th November 2020. It is expected that the payment of grants will ease financial pressures for eligible businesses. Due to the timing of the receipt of the Government Guidance (announced 30th October 2020) and the date of the next Cabinet meeting being on 25th November 2020, we require an emergency decision. This is a Key Decision: Yes

Portfolio: Finance and Resources Portfolio Holder Decision Maker: Chief Executive Report Author: Gareth Candlin – Operational Lead (Specialist Services) Ruth Leahy – Specialist (Economy and Culture) Wards: All Forward Plan: Exemption from publication requirements / Forward Plan (key decision) requirements and call in obtained

1.0 Reasons for Proposed Decision and Expected Outcome 1.1 Due to the second national lockdown announced on 30th October 2020 and planned between 5th November 2020 and 2nd December 2020 with the possibility of the UK Page 37 Government extending the lockdown beyond this date dependent on the Coronavirus infection rate. We require a process and policy regarding the administration of the grants.

1.2 Many businesses have been mandated to close which will have a severe impact on businesses who will see a significant reduction in income as a result of new national restrictions. 1.3 The Additional Restrictions Grant (ARG) has been announced by Government to support businesses who will be significantly impacted by the lockdown. 1.4 South Lakeland District Council has been granted £2,101,760 for the ARG from Government to distribute to eligible businesses under this scheme. 1.5 The ARG grant scheme follows the Government-funded Small Business Grant Fund (SBGF) Retail, Hospitality and Leisure Grant Fund, (RHLGF), Local Authority Discretionary Grant Fund (LADGF) that were administered by local authorities following the first national lockdown in March 2020. 1.6 SLDC will distribute grant funding to eligible businesses through an online application and validation process, used in the aforementioned grant schemes. 1.7 It is expected that the payment of grants will ease financial pressures for eligible businesses. This decision will contribute significantly in assisting businesses during COVID-19, helping with job retention and business viability in difficult circumstances and avoiding economic collapse by giving additional resources to businesses with properties within the district.

2.0 Proposed Decision 2.1 It is recommended that the Chief Executive:- (1) Approve the Additional Restrictions Grant (2) That a non-executive emergency decision is taken to confirm appropriate budgets be established outside the approved budget and policy framework to receive the grant funding and distribute funds as per Government guidance; and (3) Agree to delegate the identification, determination and payment of the grants in accordance with the scheme (see Appendix 1) to qualifying businesses to the Operational Lead for Specialist Services. (4) Delegates to the Operational Lead for Specialist Services, in consultation with the Portfolio Holder for Finance and Resources, authority to make any amends to the ARG to reflect future changes in Government guidance or change in local need.

Review Date: 31 March 2021

3.0 Background and Proposals 3.1 The government has announced the ARG to be targeted at businesses not mandated to close but significantly affected by the second national lockdown. The grant levels apply to ARG as follows:  Businesses occupying hereditaments appearing on the local rating list with a rateable value of exactly £15,000 or under on the date of the commencement

Page 38 of the widespread national restrictions will receive a payment of £1,334 per 28-day qualifying restriction period. For businesses not in the local rating list it will be based on number of employees 1-9.  Businesses occupying hereditaments appearing on the local rating list with a rateable value over £15,000 and less than £51,000 on the date of the commencement of the widespread national restrictions will receive a payment of £2,000 per 28-day qualifying restriction period. For businesses not in the local rating list it will be based on number of employees 10-24.  Businesses occupying hereditaments appearing on the local rating list with a rateable value of exactly £51,000 or above on the commencement date of the widespread national restrictions, will receive £3,000 per 28-day qualifying restriction period. For businesses not in the local rating list it will be based on number of employees 25+.

During the lockdown, a single grant to cover the four-week period will be paid to each eligible business. The grant amounts will be fixed. Businesses in the local rating list with more than one qualifying property will receive more than one grant. Businesses not on the local rating list will receive one grant per business.

3.2 Please see Appendix 1 for the South Lakeland ARG

4.0 Consultation 4.1 A common and consistent approach has been agreed by all District Councils in Cumbria, allowing for specific references to business sectors within districts to support their own local economic make up. 4.2 A working group of officers including specialists and case managers have agreed the process for collecting information and administering payment of grants.

4.3 The Portfolio Holder for Finance and Resources, the Leader of the Council and Cabinet have been consulted on the detail of this decision and appended guidance. 5.0 Alternative Options 5.1 SLDC do not accept this funding: this would not comply with the request from Government and would not give critical support to businesses operating within South Lakeland, and therefore this is not a recommended option. 5.2 SLDC administer grants beyond the scheme set out by Government: this is not affordable for the Council, and therefore is not the recommended option.

6.0 Links to Council Priorities 6.1 Supporting our Economy: To aid job retention and business viability in difficult circumstances; avoiding economic collapse and enhancing the culture of the district by giving additional resources to businesses, including eligible cultural organisations, with properties within the district.

7.0 Implications

Financial, Resources and Procurement 7.1 The Government has made it clear that Councils can recover the additional cost incurred by the Council in administering this scheme. 7.2 The Government are funding the entirety of the scheme.

Page 39 Human Resources 7.2 There are no direct human resources implications of this report. Staff from around the Council will assist in the processing of grant claims. Legal 7.3 The Council has powers under the Localism Act 2011 to make these payments. Legal advice has been provided on the grants application form and the state aid implications. A separate non-executive decision will be taken to address the changes to the Budget and Policy Framework.

Health, Social, Economic and Environmental 7.4 Have you completed a Health, Social, Economic and Environmental Impact Assessment? No 7.5 If you have not completed an Impact Assessment, please explain your reasons: This has not been deemed as necessary in this instance. The impact of the scheme applies to businesses which are eligible within the district and is vital to prevent many small businesses becoming insolvent following Government required closure.

7.6 Summary of health, social, economic and environmental impacts: n/a Equality and Diversity 7.7 Have you completed an Equality Impact Analysis? No 7.8 If you have not completed an Impact Assessment, please explain your reasons: This has not been deemed as necessary in this instance, this applies to all those with businesses which are entitled within the district. 7.9 Summary of equality and diversity impacts: n/a Risk

Risk Consequence Controls required Grants are not given in Government will not Grant applications will be accordance with Government reimburse the Council for verified to be compliant guidance payments made outside with Government guidance the Government schemes and business eligibility Grants are given to fraudulent Grants are given to Verification has been built claimants businesses or individuals into the grant process that are not eligible including requesting sufficient evidence and using Government tools to avoid fraudulent claims Grants are not issued Businesses will not receive Online portal developed promptly financial assistance as set for efficient application of out by Government grants, resource trained and in place to review and approve Online application and Reputational impact to the Learning from previous verification processes to Council and delays to the scheme will significantly manage a multi-million pound processing of payments reduce risk. Robust scheme in just a few days in process in place to order to get grants paid to expedite payments. businesses with minimal delay

Page 40 Contact Officers Gareth Candlin, Operational Lead (Specialist Services) 01539 793382, [email protected] Appendices Attached to this Report Appendix No. Name of Appendix 1 SLDC Additional Restictions Grant

Background Documents Available

Name of Background document Where it is available Additional Restiction Grant, https://www.gov.uk/government/publications/local- guidance for local authorities restrictions-support-grants-lrsg-and-additional- restrictions-grant-arg-guidance-for-local-authorities Approved by: Signature and Date (or email confirmation) Chief Executive 20/11/2020 Or such person as delegated by n/a the Chief Executive in writing In consultation with The Leader of the Council 20/11/2020 And Relevant Portfolio Holder 20/11/2020 CMT Directors The following interests were n/a declared – disclosable pecuniary interest or other or none

Due to COVID 19 and Government announcements, it has not been possible 20/11/2020 for this Key decision to be included in a Forward Plan at least 28 clear days before the decision was to be made. It is not possible to comply with the General Exemption procedure. In accordance with Part 4 of the Constitution - Rules of Procedure – Access to Information Rules – Paragraph 16, the Chairman of the Overview and Scrutiny Committee (Cllr Hughes) has agreed that the taking of the decision is urgent and could not reasonably be deferred because for the reasons outlined in this report and the timescales required to protect the public/business interest and to comply with Government advice. This being “special urgency” In accordance with Part 4 of the Constitution – Rules of Procedure – Overview 20/11/2020 and Scrutiny Procedure Rules - paragraph 16(j), the Chairman of the Council (Cllr Coleman) agrees that this decision is reasonable in all the circumstances and that it is treated as urgent for the reasons outlined above and, therefore, the decision is exempt from call-in.

Page 41 Appendix 1

South Lakeland District Council - Additional Restrictions Grant Policy

Background 1. The government has announced an Additional Restrictions Grant (ARG) one-off fund to be provided to Local Authorities, based on a £20 per head of population, as a result of the National Restrictions during November 2020.

2. South Lakeland District Council (SLDC) has been awarded £2,101,760 to spend during 2020/21 and 2021/22 to support businesses impacted by additional restrictions. It is expected that this money will be spent on direct business grants or provision of business support for businesses. This policy sets out the criteria and process for the provision of additional restrictions grants to businesses. SLDC does not commit to spending the full award amount in this way but recognises the importance of issuing grants quickly to businesses who are impacted by restrictions but not eligible for the Local Restrictions Support Grant (Closed), which provides grants to businesses in hereditaments on the rating list and are legally required to close.

3. The Council wishes to use the money provided to help businesses continue to trade once the restrictions are removed and businesses are able to trade with some greater degree of normality. The Council envisages that the grant will be used to maintain the business and help towards retaining employees within the business.

National Criteria 4. The Government has set out that where the Additional Restrictions Grant is used for provision of grants it must meet the same conditions of grant as the Local Restrictions Support Grant (Closed). These conditions are  The business must have been trading the day before the additional restrictions were introduced i.e. the 4th November 2020. Businesses that were in administration, are insolvent or where a striking-off notice has been made are not eligible for funding under this scheme.

 Grant income received by a business is taxable

 Grant income is subject to State Aid regulations. 5. The Government has encouraged Local Authorities to develop schemes to help businesses which while not legally forced to close – are nonetheless severely impacted by the restrictions put in place to control the spread of Covid-19. This could include – for example – businesses which supply the retail, hospitality, and leisure sectors, or businesses in the events sector.

Page 42 6. The guidance also suggested Local Authorities may choose to help businesses outside the business rates system, which are effectively forced to close – for example market traders. 7. Finally the guidance proposes that Local Authorities could use ARG funding to provide additional support to larger local businesses which are important to the local economy, on top of the funding provided to those businesses via the LRSG (Closed) scheme, with due reference to State Aid.

8. The government guidance and criteria can be seen in full here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attach ment_data/file/932623/V.1._Additional_Restrictions_Grant_- _FINAL_LA_guidance_03112020.pdf

Eligibility

9. The Council plans to align its ARG Scheme from Government proposal outlined above for eligibility. The Council’s scheme will be predominantly focussed on those businesses who demonstrate their eligibility as being severely impacted by the introduction of the latest round of restrictions.

10. For reference the guidance for national restrictions which apply from 5 November 2020 can be found at https://www.gov.uk/guidance/new-national-restrictions-from-5- november.

11. The latest restrictions are less restrictive than the previous national lockdown e.g. Traders can continue to visit homes, people may continue to go to their workplace where their work cannot be done from home and their businesses is not legally required to close, and many businesses are already established in new patterns of working from home. Eligibility for this fund compared to the previous discretionary grant fund reflects these changes.

12. Businesses eligible for this grant will largely fall under three categories:

 Businesses that have been mandated to close because of the nation restrictions and that aren’t in the business rates list or not the ratepayer;  Businesses that are able to stay open that are in the business rates list and have been adversely affected by the national restrictions;  Businesses that have received support through LRSG(C) grant scheme but are deemed of strategic importance to the district’s economy.

13. More specifically, eligible businesses are as follows;

Page 43 Category A

Businesses required to close but are not in the rates system, or are not the ratepayer and are therefore not eligible for the LRSG, for example: i. B&Bs who pay Council Tax rather than business rates; ii. Small businesses in shared commercial space providing in-person services who do not have their own business rates assessment; iii. Personal Care services i.e. hairdressers, beauty therapists, physiotherapists, who either operate mobile, at home, or in a shared space which is legally required to close, where these businesses are not the direct business ratepayer; iv. Regular market traders who do not sell essential goods as outlined in Government legislation. Those who sell essential goods may also be eligible where their regular market has been cancelled by organisers and they are unable to attend.

Category B Businesses that have been able to stay open and have a rateable value which supply the closed retail, hospitality, and leisure sectors. This should not include businesses where supply to essential retail accounts for 50% or more of their business.

Category C Businesses based within South Lakeland in the events sector who have had at least 1 event planned and cancelled in November 2020.

Category D Any other business not covered above which is able to demonstrate that they have been severely impacted by the latest round of restrictions only. As these businesses are undefined, further evidence may be requested where it is not easily evident to the assessor that they meet this criteria. This category will only be considered if there are adequate remaining funds once Categories A, B and C have been assessed.

Category E Businesses that have received a Local Restrictions Support Grant (Closed) can also apply for the Additional Restrictions Grant if they remain severely impacted by the lockdown period even after having received a Local Restrictions Support Grant (Closed). For such businesses, a top up grant of £1,000 may be available and considered on a case by case in the following scenarios:

a) Larger local businesses which are considered to be important to the local economy, this could either be on an SLDC wide basis, or particularly important to a town or village; b) Businesses considered to have unusually high costs, relevant to their size, as a result of national restrictions.

Page 44 14. Category E will only be considered if there are adequate remaining funds once Categories A-D have been assessed. This scheme will be made available after the closing date of the main scheme and details will be available on our website. Applications for the Categories A-D should be made by the 20th December 2020.

15. Applications from businesses under ARG that are in the business ratings list with a rateable value should submit one application per hereditament (property). Businesses outside the business ratings list without a rateable value should only submit one application per business.

16. The Council reserves the right to reject application or withdraw this grant scheme based on the amount of funding remaining, and should demand far outstrip the funding allocation, priorities will be based on the ordering of the categories above.

17. Companies that are in administration, are insolvent or where a striking-off notice has been made are not eligible for funding under this scheme.

18. This scheme is aimed at local businesses, therefore in order to be eligible for the fund, the business will have to be predominantly based in SLDC with the majority of their business or headquarters in SLDC.

How much is available? 19. The Council has received £2,101,760 as a one off payment to support businesses. This can be spent during this and the next financial years and the Council has no guarantee that it will receive further funding of this kind. Therefore the Council reserves the right not to spend the full allocation during this initial grants programme in order to ensure future finance is available to support businesses over a longer time period for which the grant has been issued. 20. The guidance states that: ‘Local authorities will have the discretion to alter the amount of funding offered to individual businesses and the frequency of payment’ when compared to the Local Restrictions Support Grant (Closed). However, to ensure parity between businesses in both schemes, the Council will initially use the same grant amounts, and reserves the right to alter this at a later date.

21. For businesses eligible for this funding, who are ratepayers of hereditaments on the rating list, grant amounts will be equal to the Local Restrictions Support Grant (LRSG) scheme: a) Businesses occupying hereditaments appearing on the local rating list with a rateable value of exactly £15,000 or under on 5 November will receive a payment of £1,334

b) Businesses occupying hereditaments appearing on the local rating list with a rateable value over £15,000 and less than £51,000 on 5 November will receive a payment of £2,000

Page 45 c) Businesses occupying hereditaments appearing on the local rating list with a rateable value of exactly £51,000 or above on 5 November, will receive £3,000

22. For those businesses eligible for this funding who are not the ratepayers or fall outside the business rates list (no rateable value), the grants will be awarded on size, based on number of employees as follows:

Number of 0-9 10-24 25+ employees Grant amount £1,334 £2,000 £3,000

Application process 23. Due to the lower value of the grant awards the Council therefore has confidence in opening up the scheme to businesses to apply, without utilising a two week application window approach as was previously taken. Applicants should however not rush their application and take time to ensure all questions have been answered clearly and correctly with the appropriate evidence provided. If not, then this is likely to slow down the process of getting grant funding out to businesses or could lead to the grant application being refused for failure to provide the correct information in the requested format. 24. The Council will review this scheme on 1 December 2020 in light of Government proposals for 3rd December 2020 onwards. 25. An online application for the grant fund will be made available on SLDC’s website. Please ensure your application is returned answered fully with all the relevant documents attached. If you do not have access to the internet then please can 01539 733333 and a Council Officer will be able to complete the form with you over the phone. 26. It will be important that you provide all the information accurately and truthfully, and provide all the supporting documents that are requested. Failure to do so could lead to your application being declined or significantly delayed. 27. Once your application has been received, the Council will seek to reach a decision within 10 working days, and for successful applicants to receive the money within 15 working days of their application being submitted. 28. You must answer all of the questions honestly when completing your application, if the Council suspects any business is trying to fraudulently claim the grant, it will investigate accordingly. Where evidence of fraud is present, we will prosecute the offending business. Appeals Process 29. There is no right to appeal and the decision of the Council is final.

Page 46 30. The Council’s interpretation of this document is at its own discretion and it will be the final arbiter of the definitions contained within this policy. What evidence will I need to provide? 31. The Council is relying on businesses to be honest and open with the Council and present to us their evidence of need and eligibility for the Additional Restrictions Grant. 32. As part of your application you will need to provide the following information.

Information Evidence Required Comment Payment details Copy of bank statement This must match the name of the clearly showing name, business or individual listed on the address, sort code and business rates bill or account number lease/mortgage agreement Evidence of trading on or This will be done on self- Where you have a business rates before 4 November 2020 declaration and verified account this will be sufficient as using other evidence the date liable will be used. For provided as part of your businesses that are not rated we application. reserve the right to ask for additional evidence if required. This could be in the form of stock orders, lease agreements etc. Evidence of eligibility This will be done by way If you are unsure whether state aid under state aid rules of self-declaration on the applies to your business you need online application form to seek independent legal advice

Definitions 33. “Bed and Breakfast” - The property should be wholly or mainly used as guest premises and will in most cases be registered as a food businesses with the Council. Properties which are mainly domestic and renting a spare room through ‘Air BnB’ or similar are not eligible. 34. “Self-catering holiday cottage” - Self-catering holiday cottages which are available to let for short periods that total 140 days or more per year should be rated as a self- catering property and valued for business rates. Those which are registered for business rates will be eligible through the Local Restrictions Support Grant (Closed) scheme, those which meet the criteria to be registered for business rates but have not yet transferred over will be eligible through this scheme. Those who do not meet the 140 days criteria will not be eligible for either scheme. 35. “Market Traders” refers to traders on weekly or monthly markets or street traders. Where market traders operate in more than one Cumbrian Local Authority area, they should apply to only one Local Authority for a grant, this should be the Local Authority area in which they primarily operate.

Page 47

State Aid 36. The left the EU on 31 January 2020, nonetheless under the Withdrawal Agreement the State aid rules continue to apply during a transition period, subject to regulation by the EU Commission. The local authority must be satisfied that all State aid requirements have been fully met and complied with when making grant payments, including, where required, compliance with all relevant conditions of the EU State aid De- Minimis Regulation, the EU Commission Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak, the approved COVID-19 Temporary Framework for UK Authorities, and any relevant reporting requirements to the EU Commission.

37. The Council will require each business to confirm that by accepting the grant payment, the business confirms that they are eligible for the grant scheme, including that any payments accepted will be in compliance with State aid requirements.

Tax 38. Grant income received by a business is taxable therefore funding paid under the Additional Restrictions Grant will be subject to tax. Only businesses which make an overall profit once grant income is included will be subject to tax.

Data Protection 39. We are committed to protecting your personal data and privacy and to complying with the requirements of the General Data Protection Regulation (GDPR), the Data Protection Act 2018 and other privacy laws. The information you supply on this form may be shared with our contractors and partners, who help to deliver our services. We will only retain your personal data for as long as necessary to fulfil the purposes it was collected for, after which time it will be securely deleted. For more information on how we protect your personal data, see our Privacy Policy.

Right to update the policy 40. The Council reserves the right to update and change this policy without notification or prior warning in the event that the government updates or changes its guidance to us or in the event of an error or omission.

Page 48 Item No.7

South Lakeland District Council Council Tuesday, 23 March 2021 Local Government Reform - Consultation Responses

Portfolio: Leader of the Council Report from: Chief Executive Report Author: David Sykes – Director of Strategy, Innovation and Resources Wards: All Forward Plan: Not applicable

1.0 Expected Outcome 1.1 Further to the decision of Council on 9 December 2020, along with Barrow Borough and Lancaster City Councils, to submit a full proposal for a Bay area unitary authority, this report updates Members on the consultation process. Endorsement of the principles of the Council’s response will enable responses to be submitted by the 19th April 2021. 2.0 Recommendation 2.1 It is recommended that Cabinet :- (1) Receive the update on the consultation process following submission of the Bay Unitary Proposal; (2) Endorse the approach of the Council to the consultation responses as outlined in the report and appendix 1; (3) Endorse the approach to submitting additional commentary on The Bay and North Cumbria proposal as outlined in Appendix 2; and (5) Authorise the Chief Executive, in consultation with the Leader to finalise the response to the consultation for submission to the Ministry of Housing, Communities and Local Government by the 19 April 2021 deadline. 2.2 It is recommended that Council endorses the Cabinet resolution. 3.0 Background and Proposals 3.1 At the meetings on 8 December Executive Committee and full Council approved the full proposal for a unitary council for the Bay area for submission to the Secretary of State for Housing, Communities and Local Government. The proposal was also agreed by Lancaster City and Barrow Borough Councils, and submitted by the required deadline of 9 December 2020.

Page 49 3.2 Following submission and correspondence with the Ministry further work was undertaken to update the impact assessment on the subsequent impact on local police force and fire and rescue service areas. 3.3 The Government has now confirmed that it is consulting on our proposal, and is seeking views on the locally-led proposals that the Secretary of State has received following his invitation to councils in Cumbria, North Yorkshire and Somerset to submit proposals for local government reorganisation. 3.4 Government is consulting on each of the proposals for local Government Reorganisation in Cumbria A link to the consultation is in the background documents. o The Bay and North Cumbria o Two unitary in Cumbria – . Eden, Carlisle and Allerdale / Copeland Barrow and South Lakeland – as proposed by Carlisle and Eden Councils ‘North and South unitaries’ and . Carlisle, Allerdale and Copeland / Barrow, South Lakeland and Eden - as proposed by Allerdale and Copeland Councils - ‘East and West unitaries’ o Single unitary for Cumbria – as proposed by Cumbria County Council 3.5 Further, this Council is also being consulted on proposals for local government reorganisation in North Yorkshire. The Chief Executive will consider any response to this in consultation with the Leader.

3.6 The consultation will run to midnight on the 19th April 2021, and is hosted on the Government’s online platform Citizen Space. The Government is consulting with a range of stakeholders. The consultation is open to any person or organisation wishing to express a view on local government reorganisation.

3.7 The three councils are making all of our local stakeholders and communities aware and encourage their participation in the consultation. We encourage Ward Councillors to encourage their local residents and communities to respond to the consultation. The Government is accepting responses through its consultation portal or by e mail.

3.8 Appendix 1 describes the approach the Councils are proposing to take in responding to the consultation. It provides a series of points in respect of each proposal submitted by other Councils. Appendix 2 sets out points for inclusion in additional commentary to be provided on The Bay and North Cumbria proposal. Appendix 3 sets out a content for the Council to submit correspondence with regard to the proposals in North Yorkshire. Subject to Cabinet resolution and endorsement by Council they will, together with use of information in the Council’s full proposal, be used to develop a series of full responses, to be approved by the Chief Executive in consultation with the Leader for submission to Government.

3.9 The Secretary of State’s has made an Order to postpone local elections to the Principal Authorities. By- elections to the Principal Councils, elections for the PCC and Town and Parish Councils will continue.

Page 50 3.10 Members are asked to consider the approach and points in Appendices 1, 2 and 3 as the framework for the Council’s responses to the consultations and to delegate authority to the Chief Executive in consultation with the Leader to finalise the Council’s response by 19 April 2021 deadline. 4.0 Consultation 4.1 The Council is responding to a consultation process and is making all local stakeholders and residents aware and encouraging that they respond to the consultation through the appropriate channels. 5.0 Alternative Options 5.1 There is an option not to submit a response. The Council’s full proposal indicates the benefits and opportunities which could be realised for residents and businesses by a Bay Unitary. By not submitting a response to consultation on the proposals submitted, the Council would significantly reduce its influence in the reorganisation of local government. This option is not recommended. 6.0 Links to Council Priorities 6.1 A key requirement of the Bay proposal is that it demonstrates improvement to local government and service delivery, and provides stronger strategic and local leadership across the area of the proposal. The full proposal indicates the benefits it seeks to realise for the health, social, economic and environmental wellbeing of the area. 6.2 The proposal considers the benefits a change to local government could deliver. Supporting our economy to thrive and benefit all our residents. It supports the outcome that the District will have a strategic role within Cumbria and as part of the Lancaster and South Cumbria City Region. A unitary authority will support improving all outcomes for the District. 7.0 Implications Financial, Resources and Procurement 7.1.1 There are are no financial, resource or procurement implications in this report which is to consider a consultation response. Previous reports to Council on the Council’s proposal have set out the implications as they are currently. Human Resources 7.2.1 There are no human resources implications arising from this report. Legal 7.3.1 There are no legal issues to raise in this report which is a consultation response. Health, Social, Economic and Environmental 7.4 Have you completed a Health, Social, Economic and Environmental Impact Assessment? No 7.5 If you have not completed an Impact Assessment, please explain your reasons: The assessment was considered by the Council report of the 8th December 2020 Equality and Diversity 7.7 Have you completed an Equality Impact Analysis? No 7.8 If you have not completed an Impact Assessment, please explain your reasons: The approach to Equality and Diversity was considered by the Council report of the 8th December 2020.

Page 51 Risk Risk Consequence Controls required Proposal does not meet the The proposal could be Ensure compliance with criteria set by Government for dismissed by Government criteria and where there LGR proposals or challenged by other may be doubt, present bodies compelling case for consideration as exception Proposal does not gain support The proposal could be Position the proposal with of local bodies and other public dismissed by Government local communities, bodies sector organisations and organisations and gather expressed support

Contact Officers Lawrence Conway – Chief Executive David Sykes – Director Strategy Innovation and Resources Appendices Attached to this Report Appendix No. Name of Appendix 1 Principle points proposed to form the basis of the Council’s responses to the Government’s consultation. 2 Principle points proposed to form the basis of additional commentary to be submitted on the Bay and North Cumbria proposal.

Background Documents Available Name of Background document Where it is available Report to Council 06/10/20 https://democracy.southlakeland.gov.uk/documents/s 30169/Exploration%20of%20Local%20Government% 20Reform%20and%20Devolution.pdf Report to Cabinet and Council https://democracy.southlakeland.gov.uk/documents/s 5/11/20 30449/Local%20Government%20Reform%20Proposa l%20for%20Bay%20Area.pdf Report to Cabinet and Council https://democracy.southlakeland.gov.uk/documents/s 8/12/20 30811/Local%20Government%20Reform%20Proposa l%20for%20Bay%20Area.pdf Link to Council webpage on The https://www.southlakeland.gov.uk/your- Bay and consultation process council/council-business/the-bay-unitary- proposal/#gsc.tab=0 Link to the proposals for Cumbria https://www.gov.uk/government/consultations/proposa ls-for-locally-led-reorganisation-of-local-government- in-cumbria-north-yorkshire-and- somerset/consultation-on-proposals-for-locally-led- reorganisation-of-local-government-in-cumbria-north- yorkshire-and-somerset

Tracking Information Signed off by Date sent Date Signed off Legal Services 08/03/21 15/03/21

Page 52 Section 151 Officer 08/03/21 15/03/21 Monitoring Officer 08/03/21 15/03/21 CMT 11/03/21 11/03/21

Circulated to Date sent Lead Specialist N/A Human Resources Lead Specialist N/A Communications Team N/A Leader 08/03/21 Committee Chairman N/A Portfolio Holder N/A Ward Councillor(s) N/A Committee N/A Executive (Cabinet) 23/03/21 Council 23/03/21

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Page 54 Item No.8

South Lakeland District Council Council Tuesday, 23 March 2021 Corporate Financial Update March 2021

Portfolio: Finance and Resources Portfolio Holder Report from: Section 151 Officer Report Author: Helen Smith – Finance Lead Specialist (Section 151 Officer) Wards: (All Wards); Forward Plan: Key Decisions included in the Forward Plan as published on:  18th December 2020 (Financial Support for the Leisure Services Contract),  16th February 2021 (Contract awards for construction works and project management of construction works to Grange Lido and Promenade and Refurbishment works to Abbot Hall, lease and contract award)

1.0 Expected Outcome 1.1 To approve allocation of financial resources to enable the delivery of projects and services to deliver the Council Plan including leisure services, the refurbishment of Grange Lido and Grange Promenade and the refurbishment of Abbot Hall, Kendal. Further updates will be provided verbally as required. 2.0 Recommendation 2.1 It is recommended that Council:- (1) Subject to Cabinet approval that Council approves the receipt of monies from the National Leisure Recovery Fund to a value £174,237 and to make payment of this money to the Council’s leisure delivery partner for support from 1st December to 31st March 2021, as noted in the report to Cabinet on 17th March 2021; (2) Subject to Cabinet approval that Council approves the amendment of the Capital Programme to include £615,000 for capital works and associated professional fees relating to refurbishment works to Abbot Hall, offset by grants due of the same value; (3) Subject to Cabinet approval that Council approves amendment of the Capital Programme to include an additional £867,000 for capital works relating to construction works to Grange Lido and Grange Promenade and to approve the use of New Homes Bonus, the Local Project Reserve, the NNDR Business Rate Pool and Locally Important Projects funding as set on in paragraph 3.10 below; and (4) Approves the Capital Programme set out in Appendix 1

Page 55 3.0 Background and Proposals Financial Support for the Leisure Services Contract 3.1 Cabinet will at its meeting on the 17th March 2021 consider a further request from the Council’s leisure delivery partner, which has closed on 3 occasions during the 2020/21 financial year in line with Government guidelines. Little financial support has been forthcoming to the Leisure industry until more recently where the Government has opened the National Leisure Recovery Fund to support the Leisure industry from 1st December 2020 to 31st March 2021. No support has been offered from the 1st April 2020 to 30th November and Government expects that Local Authorities are to support contracts through existing grants given to Local Authorities although this is not explicitly set out in any government funding provided to date. 3.2 Leisure Services additional funding. It should be noted that the additional funding detailed below is to cover all culture and leisure related expenditure, including any other potential requests for funding from bodies within South Lakeland other than the leisure delivery partner. The Council has paid its leisure delivery partner a management fee for the year under the original contract and in line with the original budget for management fee as approved by Council in February 2020. Additional budget of £120,000 was approved as part of the Covid-19 budget amendments approved by Council on 30th June 2020. During 2020/21 it has been recognised that there were expected to be further additional costs relating to leisure services during 2020/21 as a result of the Covid-19 pandemic and a further £360,000 has been added to the budget, bringing the total additional funding for leisure services as a result of Covid-19 to £480,000. These monies are subject to the satisfaction of providers complying with strict change control procedures under the existing contracts and payments will be made on a without prejudice basis. Legal Services will be providing advice in this regard. 3.3 While the proposal to make payment to the leisure delivery partner and other Leisure requests for additional Covid-19 costs can be met within the Covid-19 budget there is no budget for the receipt and payment of the grant from the National Leisure Recovery Fund. This is a net-zero budget amendment as the grant will offset the payment but under the Finance Procedure Rules Cabinet can only approve such virements up to £100,000: requests above £100,000 can only be approved by Council. Refurbishment works to Abbot Hall 3.4 Cabinet on 17th March 2021 will be considering and is being asked to approve a project to deliver a minor Capital refurbishment scheme at Abbot Hall Gallery which will allow Lakeland Arts to re-open to the public. SLDC alongside Lakeland Arts and Cumbria LEP have been in discussions regarding capital schemes at Abbot Hall and have secured funding circa £495k from the Northern Cultural Regeneration Fund (NCRF) to undertake the necessary works to allow the site to re-open. As part of the works, Lakeland Arts have committed £120k to the project to provide a total of £615k to undertake the work. Cumbria LEP as part of ongoing discussions between all three parties have asked SLDC to deliver the scheme on behalf of Lakeland Arts. 3.4 To deliver the scheme, SLDC will be required to enter into a grant agreement to receive the NCRF funding and enter into partnership agreement with Lakeland Arts for their funding contribution. 3.5 Cabinet can approve the refurbishment scheme, give permission for entering into a grant agreement and related agreement’s, approve the appointment of project managers, approve the scheme to proceed to contract award following tender, approve the grant of a new lease to provide a minimum term of 99 years to support Lakeland Arts in seeking future Capital monies to support with the longer term

Page 56 Capital investment for the site and approve the entering into of related licences to enter and alter in order to carry out works in Abbot Hall. Due to the nature of the works this expenditure and income should be included within the Council’s capital programme. Under the Finance Procedure Rules the Cabinet can approve amendments to the Capital Programme for up to £100k, any requests over £100k need to be approved by Council. Contract Award for Grange-over-Sands Lido and Promenade 3.6 Cabinet on 17th March 2021 will also be considering a report to invest in Grange Lido and Promenade to: - To open up the Lido site to the public and for it to be used by the public after being closed for 27 years. - Re-purpose the site and undertake essential structural repair works to stop further structural decay which will only lead to increase in costs for future administrations. - To upgrade the Grange Promenade and improve connectivity from the Promenade to Town centre - To secure the Coastal Community Fund (CCF) investment of £1.1million for Grange and secure wider investment for the Morecambe Bay area. - Undertake essential structural repairs to sea defences along Grange promenade. - To upgrade the Children’s play area sited on the Grange promenade, consulting with local residents and families. - To re-surface the promenade which is showing signs of disrepair. - To encourage greater tourism to the Grange area and wider Morecambe Bay area. - To regenerate the site but not preclude the site being used as a Lido in the future. 3.7 Cabinet are being asked to approve the scheme in order to move forward with contract award to the preferred bidder for the contract to refurbish the Grange Lido/ Promenade subject to grant of planning permission. They are also being asked to approve the appointment of IBI Group and sub consultants through the Bloom procurement framework to undertake RIBA Stages 5 & 6 for the project, approved the design changes for the Value Engineered scheme and to delegate authority for officers to seek amendment to the current planning permission. 3.8 A formal and compliant tender was returned to SLDC and outlined the following options for both the Lido and Promenade: Option 1: Carry out all tendered work to the sea defence wall and Connectivity scheme, detailed below. Street lighting to the promenade was omitted, but costs included the necessary infrastructure for future applications. No proposed works to the Lido of any kind, with only the construction of new hoardings separating the Lido from the Promenade.

Option 2: Carry out structural repairs to the sea defence wall and Connectivity scheme. Street lighting to the promenade was omitted, but costs included the necessary infrastructure for future applications. New hoarding to be erected around the Lido, with only essential and minimal structural repairs to be undertaken.

Page 57 Option 3a: Carry out structural repairs to Sea Defence Wall and Connectivity scheme. Street lighting has been removed from the costs but infrastructure will be installed for future installation if needed. Value engineered scheme to Lido to include for main pavilion, diving board structure, central circulation space, infill of pool and terracing etc. The proposal included a central water feature. Option 3b: Carry out structural repairs to Sea Defence Wall and Connectivity scheme. Street lighting has been removed from the costs, but infrastructure will be installed for future installation. Value engineered scheme to Lido to include for main pavilion, diving board structure, central circulation space, infill of pool and terracing etc. The proposal excluded a central water feature. 3.9 Considering the options, the preferred Design Option is 3b. This proposal for the redevelopment of the Lido focuses on: executing a series of well-considered stabilisation measured to preserve the building and structural elements at greatest risk of degradation; an upgrade of the pavilion building; creation of an accessible entrance design from the promenade; and the insertion of a removable landscape intervention within the former pool area. At present, male and female changing accommodation will be mothballed for refurbishment at a future date, although secure decorative hoardings will separate these buildings from those areas of the Lido that will be fully accessible to the general public. 3.10 Currently the Council have budgeted the following for Grange Promenade and Lido:

Grange Promenade £1,097,000 Coastal Communities Fund (CCF) Bid for Grange Promenade £1,100,000 Grange Lido £1,960,000 Grange Re-generation £157,000

Total £4,314,000

A further £867,000 will be required to complete works on the preferred value engineering option. After careful consideration of alternative funding options it is proposed to use the following resources to fund this additional cost:

New Homes Bonus: uncommitted £158,000 Local Project Reserve £300,000 NNDR Business Rate Pool £300,000 Locally Important Projects funding £109,000 Total £867,000

Using these reserves, for the most part created from accumulated grants over several years, will limit the flexibility within the capital programme to fund new or unexpected demands over the next 2 years. Under the Council’s Finance Procedure Rules the Cabinet is permitted to increase the capital programme by only up to £100,000. Any requests above £100,000 are required to be approved by Council. 3.11 Cross a Moor – a verbal update will be provided, if necessary, to the meeting on progress regarding the Cross-a-Moor highways scheme. 4.0 Consultation 4.1 Consultation has been carried out on each individual proposal and is summarised in the report setting out details of each proposal on the agenda for the meeting of Cabinet on 17th March 2021.

Page 58 5.0 Alternative Options 5.1 Alternative options for each individual proposal were set out in each report on the agenda for the meeting of Cabinet on 17th March 2021. This report only considers the budget amendments required to enable the decisions to be delivered. If the funding is rejected then Cabinet would be required to consider alternatives to the approved actions. 6.0 Links to Council Priorities 6.1 The links to Council priorities for each individual proposal were set out in each report on the agenda for the meeting of Cabinet on 17th March 2021. The proposals in this report are consistent with the Council’s Budget, Capital Strategy and Reserves Strategy as approved on 23rd February 2021 and within the Medium Term Financial Plan approved on 28th July 2020. 7.0 Implications Financial, Resources and Procurement 7.1 This report is requesting amendment to both revenue and capital budgets for 2020/21 and 2021/22: Revenue: GLE: Leisure Services 2020/21 Increase Third Party Payments £174,237 Increase Grants and Contributions -£174,237 Net Impact £0 Capital: KLH08: Abbot Hall redevelopment 2021/22 Insert: Payments to Contractors £615,000 Insert: Grants and Contributions -£615,000 Net Impact £0 KRE66/67: Grange Lido and Promenade 2021/22 Increase Payments to Contractors £867,000 Net Impact £867,000 Funded from: New Homes Bonus: uncommitted £158,000 Local Project Reserve £300,000 NNDR Business Rate Pool £300,000 Locally Important Projects funding £109,000

The latest Capital Programme including these amendments and the reprofiling of budgets from 2020/21 to 2021/22 and beyond is attached at Appendix 1. Human Resources 7.2 There are no direct human resource implications of this report. Legal 7.3 Detailed Legal advice has been provided within the confidential Cabinet report relating to the leisure delivery contract. Legal Services are providing Subsidy advice as required on all schemes, drafting related contracts, providing legal property advice (land transfers and leases) and advising on related funding agreements. This report ensures that officers have the appropriate budget approvals to take the schemes forward in the event that Cabinet approve the schemes on the 17th March 2021.

Page 59 Health, Social, Economic and Environmental 7.4 Have you completed a Health, Social, Economic and Environmental Impact Assessment? No 7.5 If you have not completed an Impact Assessment, please explain your reasons: A HSSA has been prepared for each individual proposal and were considered by Cabinet on 17th March 2021 when each individual request was approved. This report is only to approve the funding of the decisions already made. Equality and Diversity 7.6 Have you completed an Equality Impact Analysis? No 7.7 If you have not completed an Impact Assessment, please explain your reasons: Where required, the equality impact was considered by Cabinet on 17th March 2021 when each individual request was approved. This report is only to approve the funding of the decisions already made. Risk Risk Consequence Controls required Leisure Services: Leisure provider unable to Contract terminated and Legal Services have continue in business if no all leisure facilities and provided advice on the contract payments or grant financial burden put back requirements under the funding given. onto the Council. contract. Any payments will be the subject of compliance with the legal advice Including but not limited to the open book approach, Change control procedures and previous decisions of Cabinet and Council to consider any additional support. To pay the leisure provider Council pays for reduced Obtain guarantees on how contract payments for reduced or no service and unable the leisure delivery partner or no service. to claim this money back if will manage risk on the the leisure provider goes Council’s behalf. Agree to into administration. open book approach with the leisure delivery partner for how finances are being managed Abbot Hall: To not undertake the works and Abbot Hall to remain SLDC to lead on the refuse to lead on the project. closed and possible loss of project and ensure that grant funding. funding is spent. Construction work to take place Risk of claim against the Ensure that insurances within Abbot Hall and around an Council. are in place, that any expensive collection. collections are removed to storage by Lake Arts prior to works commencing.

Page 60 Risk Consequence Controls required Abbot Hall no longer viable in its Site will close in the future. Specialist officer for current form. Culture and Partnership to work closely with Lakeland Arts on the offer. Subsidy may be deemed to be Financial claim on the Legal to review proposed unlawful. Council. subsidy and to advise controls required. Grange Lido: Contract Sum is exceeded during Potential that other Capital Designated Client lead for contract. schemes will not go the Places programme as forward if this scheme is Client. Client to appoint over budget. Quantity Surveyor (cost consultant) to the design team to monitor the cost throughout the scheme. A Contingency sum of 6% has been included within the costings. Programme of Works not met Disruption to the public and Designated lead for Client. and the work is delayed. business on Grange Client to appoint Contract promenade. Administrator to be appointed within the Design Team to manage programme of work and appropriate building contract to be used for phased completion. Phased programme has been carefully mapped out to provide as much assurance as possible. Do nothing and maintain status Council to suffer Approve the proposed quo. reputational damage. investment in Grange Lido. Do nothing and maintain status Maintenance costs will Approve the proposed quo. continue to rise. The investment in Grange Lido. building will continue to deteriorate requiring greater investment in the future. No demand for the space created Buildings and site remains Discussions to be started for rent. vacant. with local businesses and local community groups to push the space for rent. Capital Programme: Council has insufficient Potential additional costs if Careful balance of resources to meet future unable to carry out priorities and demand for demand for capital expenditure effective maintenance funding to deliver Council priorities programmes

Page 61 Risk Consequence Controls required Potential lost opportunity Capital strategy identifies to improve services future funding requirements Medium Term Financial Plan considers balance between affordability, sustainability and value for money.

Contact Officers Helen Smith, Finance Lead Specialist and Section 151 Officer 01539 793147, [email protected] Appendices Attached to this Report Appendix No. Name of Appendix 1 Capital Programme 2020/21 – 2025/26 Background Documents Available

Name of Background document Where it is available Cabinet Agenda 17th March 2021 https://democracy.southlakeland.gov.uk/ieListDocume nts.aspx?CId=121&MId=5070&Ver=4 2021/22 to 2025/26 Draft Budget: https://tinyurl.com/hsvtx9ss Council 23rd February 2021

Tracking Information Signed off by Date sent Date Signed off Legal Services 05/03/2021 15/03/2021 Section 151 Officer 05/03/2021 Report of the S151 Officer Monitoring Officer 05/03/2021 15/03/2021 CMT 05/03/2021 by email 08/03/2021

Circulated to Date sent Lead Specialist N/A Human Resources Lead Specialist N/A Communications Team N/A Leader N/A Committee Chairman N/A Portfolio Holder 05/03/2021 Ward Councillor(s) N/A Committee N/A Executive (Cabinet) 17/03/2021 Council 23/03/2021

Page 62 Appendix 1 Capital Programme 2020/21-2025/26

GL Programme Spending by Project Portfolio 2020/21 Carry- Q2 Q3 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 Total Code Approved forwards monitoring monitoring Latest 2020/21 to Feb 2020 approved amendments amendments June 2020 2020/21 2020/21 2025/26

£000 £000 £000 £000 £000 £000 £000 KDE06 ERDF funded flood defence works Climate Emergency and Localism 2,670.0 0.0 -2,146.9 0.0 523.1 2,163.0 2,273.0 381.0 0.0 0.0 5,340.1 KXB27 Energy-saving building enhancements Climate Emergency and Localism 0.0 129.1 -10.0 -30.0 89.1 30.0 0.0 0.0 0.0 0.0 119.1 KFL01 Footway Lighting Customer and Commercial Services and 65.7 20.5 0.0 -85.0 1.2 110.0 25.0 25.0 0.0 0.0 161.2 People KLR31 Nobles Rest Customer and Commercial Services and 0.0 4.3 0.0 0.0 4.3 0.0 0.0 0.0 0.0 0.0 4.3 People KMR33 Braithwaite Fold Caravan Park extention Customer and Commercial Services and 0.0 0.0 33.5 0.0 33.5 0.0 0.0 0.0 0.0 0.0 33.5 People KNM56 Millerground Public Open Space, Access and Customer and Commercial Services and 0.0 17.0 0.0 -2.8 14.2 0.0 0.0 0.0 0.0 0.0 14.2 Play Project People KNMxx Play Areas (including community funded Customer and Commercial Services and 65.0 142.3 -92.8 63.4 177.9 172.2 65.0 65.0 65.0 65.0 610.1 schemes and schemes arising from the Play People Space Audit) KPY42 Car Parking Machines Customer and Commercial Services and 0.0 84.2 0.0 -84.2 0.0 84.2 0.0 0.0 0.0 0.0 84.2 People KPY44 Town and Car Park signing Customer and Commercial Services and 0.0 11.7 0.0 0.0 11.7 0.0 0.0 0.0 0.0 0.0 11.7

Page 63 Page People KPY45 South Lakeland House carpark works Customer and Commercial Services and 0.0 15.2 -13.5 0.0 1.7 0.0 0.0 0.0 0.0 0.0 1.7 People KPY46 Car park re-surfacing Customer and Commercial Services and 0.0 92.4 0.0 0.0 92.4 0.0 0.0 0.0 0.0 0.0 92.4 People KPY48 Parkside Road, Kendal car park Customer and Commercial Services and 0.0 145.3 0.0 0.0 145.3 0.0 0.0 0.0 0.0 0.0 145.3 People KCI01 Scaling On Street Charing infrastructure 0.0 0.0 0.0 13.8 13.8 173.8 0.0 0.0 0.0 0.0 187.6 KSC91 Vehicle & Plant Programme (inc bins and boxes) Customer and Commercial Services and 2,346.0 13.5 0.0 -860.0 1,499.5 1,359.0 820.0 2,049.0 2,235.0 475.0 8,437.5 People KCD01 Castle Dairy flood damage reinstatement Economy, Culture and Leisure 0.0 4.0 0.0 0.0 4.0 0.0 0.0 0.0 0.0 0.0 4.0 KIP01 LIPS (excluding contributions to SLDC property Economy, Culture and Leisure 0.0 125.0 0.0 0.0 125.0 0.0 0.0 0.0 0.0 0.0 125.0 included under individual properties) KLC03 New Ulverston Leisure Centre Economy, Culture and Leisure 250.0 0.0 -250.0 0.0 0.0 250.0 6,000.0 2,950.0 0.0 0.0 9,200.0 KLH02 Coronation Hall alterations Economy, Culture and Leisure 39.9 0.0 -39.9 0.0 0.0 79.8 0.0 0.0 0.0 0.0 79.8 KLH08 Abbot Hall redevelopment Economy, Culture and Leisure 50.0 50.0 -100.0 0.0 0.0 615.0 0.0 0.0 0.0 0.0 615.0 KLL18 Cockshott Point Entrance Improvements Economy, Culture and Leisure 0.0 1.4 0.0 0.0 1.4 0.0 0.0 0.0 0.0 0.0 1.4 KMR21 Kendal Museum contribution Economy, Culture and Leisure 0.0 85.0 0.0 -85.0 0.0 85.0 0.0 0.0 0.0 0.0 85.0 KMR34 Kendal Castle (funded from LIPS) Economy, Culture and Leisure 0.0 41.0 0.0 0.0 41.0 0.0 0.0 0.0 0.0 0.0 41.0 KMR35 Burton Hertiage Grant Scheme (funded from Economy, Culture and Leisure 75.0 61.2 0.0 5.0 141.2 0.0 0.0 0.0 0.0 0.0 141.2 LIPS) KPE18 Kendal to Lancaster towpath trail Economy, Culture and Leisure 0.0 120.0 -120.0 0.0 0.0 120.0 0.0 0.0 0.0 0.0 120.0 KDP03 Refurbishment of Ellerthwaite Depot to create Finance and Resources 0.0 0.0 10.0 0.0 10.0 80.0 0.0 0.0 0.0 0.0 90.0 office accommodation for rent KEP53 Extension and refurbishment to Rothay Park Finance and Resources 0.0 0.0 15.5 0.0 15.5 59.5 0.0 0.0 0.0 0.0 75.0 toilets (incl Changing Places toilet) KLH07 Kendal Town Hall/South Lakeland House Finance and Resources 3,789.9 -37.0 439.0 -1,500.0 2,691.9 2,447.5 0.0 0.0 0.0 0.0 5,139.4 Appendix 1 Capital Programme 2020/21-2025/26

GL Programme Spending by Project Portfolio 2020/21 Carry- Q2 Q3 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 Total Code Approved forwards monitoring monitoring Latest 2020/21 to Feb 2020 approved amendments amendments June 2020 2020/21 2020/21 2025/26

£000 £000 £000 £000 £000 £000 £000 KMR36 Roofing repairs to The Monument, Kirkby Finance and Resources 27.0 0.0 0.0 0.0 27.0 0.0 0.0 0.0 0.0 0.0 27.0 Lonsdale KPY38 Structural Repair works to Westmorland Finance and Resources 0.0 0.0 43.0 0.0 43.0 197.0 240.0 0.0 0.0 0.0 480.0 Shopping Centre MSCP KPY51 Kendal Car Parking improvements including Finance and Resources 0.0 0.0 6.5 0.0 6.5 493.5 0.0 0.0 0.0 0.0 500.0 potential purchase of site, machine upgrades and signage KEP52 Disabled Toilet improvements Health, Wellbeing and Financial Resilience 0.0 40.0 0.0 -40.0 0.0 40.0 0.0 0.0 0.0 0.0 40.0 CAP A Environment Agency lead Flood Relief Scheme Housing and Innovation 0.0 0.0 0.0 0.0 0.0 550.0 0.0 0.0 0.0 0.0 550.0 Improvements KAH10 Affordable & Empty Homes, Town Centre Housing and Innovation 260.0 431.0 -349.0 0.0 342.0 260.0 260.0 0.0 0.0 0.0 862.0 Properties. KAH11 Cross-a-Moor junction improvement Housing and Innovation 0.0 300.0 -300.0 0.0 0.0 4,531.7 0.0 0.0 0.0 0.0 4,531.7 KAH13 S106 funded affordable homes purchase Housing and Innovation 0.0 86.0 -56.0 0.0 30.0 56.0 0.0 0.0 0.0 0.0 86.0 KAH14 Homeless Accommodation for Families Housing and Innovation 230.7 223.7 -185.0 0.0 269.4 175.0 0.0 0.0 0.0 0.0 444.4 Page 64 Page KAH15 Next Steps Accommodation Programme Housing and Innovation 0.0 0.0 237.0 0.0 237.0 0.0 0.0 0.0 0.0 0.0 237.0 KCH01 Community Housing Fund Housing and Innovation 0.0 325.8 235.2 0.0 561.0 0.0 0.0 0.0 0.0 0.0 561.0

KDE07 Coastal Communities Fund (includes £1.1 million Housing and Innovation 2,351.2 0.0 -1,151.2 -1,050.0 150.0 2,201.2 0.0 0.0 0.0 0.0 2,351.2 for Grande Promenade) KGD21 Disabled Facilities Grants Housing and Innovation 661.0 66.3 0.0 -264.0 463.3 1,024.0 603.0 603.0 603.0 603.0 3,899.3 KIF01 Housing Investment Fund: Loans to Housing Housing and Innovation 3,000.0 0.0 -3,000.0 0.0 0.0 3,000.0 3,000.0 0.0 0.0 0.0 6,000.0 Associations KIT27 Mobile Working Housing and Innovation 0.0 120.0 0.0 -120.0 0.0 120.0 0.0 0.0 0.0 0.0 120.0 KIT30 Customer Connect Housing and Innovation 0.0 307.3 0.0 -260.0 47.3 260.0 0.0 0.0 0.0 0.0 307.3 KIT90 IT Replacements Housing and Innovation 80.0 8.6 0.0 -15.0 73.6 95.0 80.0 80.0 80.0 80.0 488.6 KRE04 Grange Regeneration Housing and Innovation 157.3 0.0 -157.3 0.0 0.0 157.3 0.0 0.0 0.0 0.0 157.3 KRE66 Grange Promenade Structural works Housing and Innovation 796.0 -74.0 -716.0 0.0 6.0 1,091.0 0.0 0.0 0.0 0.0 1,097.0 KRE67 Grange Lido Housing and Innovation 1,960.0 0.0 -1,890.0 0.0 70.0 2,757.0 0.0 0.0 0.0 0.0 2,827.0 KRT10 Right to buy replacement scheme Housing and Innovation 0.0 247.5 0.0 0.0 247.5 0.0 0.0 0.0 0.0 0.0 247.5 CAP 1 Ulverston Bank Clock Repairs Finance and Resources 0.0 0.0 0.0 0.0 0.0 45.0 0.0 0.0 0.0 0.0 45.0 CAP 2 Transport Software Customer and Commercial Services and 0.0 0.0 0.0 0.0 0.0 35.0 0.0 0.0 0.0 0.0 35.0 People CAP 3 Millerground Pumping Station Finance and Resources 0.0 0.0 0.0 0.0 0.0 38.0 0.0 0.0 0.0 0.0 38.0 CAP 4 Windemere Jetty Repairs Finance and Resources 0.0 0.0 0.0 0.0 0.0 30.0 0.0 0.0 0.0 0.0 30.0 CAP 5 Town View Fields - Revision to Org Scheme Finance and Resources 0.0 0.0 0.0 0.0 0.0 -175.0 0.0 0.0 0.0 0.0 -175.0 KAH14 CAP 6 Service Redesign - New Vehicles Customer and Commercial Services and 0.0 0.0 0.0 0.0 0.0 68.0 0.0 0.0 0.0 0.0 68.0 People CAP 7 Kendal Market Lift Finance and Resources 0.0 0.0 0.0 0.0 0.0 60.0 0.0 0.0 0.0 0.0 60.0 CAP 8 Purchase of Bins and Boxes for Waste Service Customer and Commercial Services and 0.0 0.0 0.0 0.0 0.0 65.0 0.0 0.0 0.0 0.0 65.0 People Appendix 1 Capital Programme 2020/21-2025/26

GL Programme Spending by Project Portfolio 2020/21 Carry- Q2 Q3 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 Total Code Approved forwards monitoring monitoring Latest 2020/21 to Feb 2020 approved amendments amendments June 2020 2020/21 2020/21 2025/26

£000 £000 £000 £000 £000 £000 £000 CAP 9 Income Management System Upgrade Finance and Resources 0.0 0.0 0.0 0.0 0.0 40.0 0.0 0.0 0.0 0.0 40.0 CAP10 Windermere Road Grange - Flood Aliviation Finance and Resources 0.0 0.0 0.0 0.0 0.0 0.0 150.0 0.0 0.0 0.0 150.0 Climate Emergency and Localism CAP11 Rough Sleepers / Next Step Housing and Innovation 0.0 0.0 0.0 0.0 0.0 152.0 0.0 0.0 0.0 0.0 152.0 CAP12 Gooseholme - Retaining Wall Repairs Finance and Resources 0.0 0.0 0.0 0.0 0.0 50.0 0.0 0.0 0.0 0.0 50.0 Bids subject to further assessment: Car park investments* 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Employment site land acquisition 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Depot review 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total 18,874.7 3,208.3 -9,557.9 -4,313.8 8,211.3 25,245.7 13,516.0 6,153.0 2,983.0 1,223.0 57,332.0 *subject to detailed review of car parking strategy including potential new car parks, reconfiguration options on existing car parks and electric charging points

Reconciliation: Page 65 Page Capital Programme approved July 2020 22,083.0 15,951.4 5,169.1 2,822.0 2,983.0 0.0 49,008.5 Reprofiling -14,974.5 3,446.6 8,196.9 3,331.0 0.0 0.0 0.0 Q1 monitoring approvals approved Council Sept 911.2 0.0 0.0 0.0 0.0 0.0 911.2 2020 Additional external funding - play areas 75.0 0.0 0.0 0.0 0.0 0.0 75.0 Additional external funding - Burton Heritage 5.0 0.0 0.0 0.0 0.0 0.0 5.0 Scheme Additional funding - Cross-a-Moor approved 0.0 4,231.7 0.0 0.0 0.0 0.0 4,231.7 Council Sept 2020 Additional funding - Disabled Facility Grants 99.0 0.0 0.0 0.0 0.0 0.0 99.0 Additional funding - Scaling On Street Charging 187.6 0.0 0.0 0.0 0.0 0.0 187.6 approved October 2020 Additional cost - Grange Lido - March 2020 0.0 867.0 867.0 New Scheme & funding - Abbot Hall 615.0 615.0 Budgeting 2021/22 Ajustmentsts including Bids -175.0 134.0 150.0 0.0 0.0 1,223.0 1,332.0

Approved Programme March 2021 8,211.3 25,245.7 13,516.0 6,153.0 2,983.0 1,223.0 57,332.0 Appendix 1

Capital Funding 2020/21 - 2025/26

Projected Balance April Estimated Use in capital Balance March 2020 Income programme 2026 £000 £000 £000 £000 General Usable Capital Receipts 1,695.0 2,848.6 (2,848.6) 0.0 New homes bonus (capital)**** 265.7 1,668.0 (1,668.0) 0.0

Earmarked or allocated Revenue (LIPS) 126.1 504.9 (504.9) 0.0 IT replacement reserve 495.0 488.6 (488.6) 0.0 Major Repairs Reserve 500.0 795.9 (795.9) 0.0 General Revenue contributions 1,309.2 2,163.5 (2,163.5) 0.0 Cap grants and contributions (inc S106) 15,268.9 16,409.1 (16,409.1) 0.0 Disabled Facilities Grants 3,808.3 3,899.3 (3,899.3) 0.0 Community Housing Fund* 0.0 561.0 (561.0) 0.0 Right to Buy receipt** 4,200.0 7,144.2 (7,144.2) 0.0 Borrowing Funding from borrowing***. 20,590.9 20,590.9 (20,590.9) 0.0 Sub Total 48,259.2 57,074.0 (57,074.0) 0.0 Funding to be agreed 0.0 0.0 (258.0) (258.0) Total 48,259.2 57,074.0 (57,332.0) (258.0)

*Ring fenced for Community Housing Schemes **Ring fenced to support replacement of affordable housing. ***'Prudential Borrowing'; this may not result in taking on new loans but requires revenue charge to cover the cost over the assets' life ****Subject to annual confirmation and settlement

Page 66 Item No.9

South Lakeland District Council Council Tuesday, 23 March 2021 Statement of Licensing Policy

Portfolio: Economy, Culture and Leisure Portfolio Holder Report from: Director of Customer and Commercial Services Report Authors: Gareth Candlin, Operational Lead Specialist Services, Sean Hall, Principal Specialist (Health & Environment) Wards: (All Wards); Forward Plan: Exemption agreed with the Chairman of the Council

1.0 Expected Outcome 1.1 The need for a current Statement of Licensing Policy is critical to protect the Council’s Residents and Licensed Premises interest. By acknowledging the need for a 12 month continuation to the current Statement of Licensing Policy which expired in January 2021. The Council will be able to better support licensed premises as they reopen as the current lockdown ends and give proper opportunity for the Members and other stakeholders to be properly engaged in the revised Statement of Licensing Policy over the next 12 months. 2.0 Recommendation 2.1 It is recommended that Council:- (1) Authorises the continuation of the Statement of Licensing Policy for a further period of 12 months effective from 5 January 2021 to 5 January 2022. (2) Authorises retrospectively any decisions and action taken under the Licensing Policy between 5th January 2021 and the 23rd March 2021. (2) In light of the Covid-19 Pandemic, delay consultation requirement for the Council’s Statement of Licencing Policy to an appropriate time but before 5 January 2022. 3.0 Background and Proposals 3.1 Licensing authorities are required to publish a Licensing Policy Statement every Five years under section 5 of the Licensing Act 2003. This details the strategic approach on how the licensing authority intends to operate and promote the licensing objectives in their area. Licensing authorities have regard to the licensing guidance issued by the Home Office in all their activities and must keep their Licensing Policy Statement under review and revised as appropriate. 3.2 When reviewing their policy, licensing authorities must consult:  The chief officer of police for the licensing authority's area.  The fire authority for that area.

Page 67  Each local authority’s Director of Public Health in England.  Representatives of holders of premises licences issued by that authority.  Representatives of holders of club premises certificates issued by that authority.  Representatives of holders of personal licences issued by that authority.  Representatives of businesses and residents in its area.

3.3. The Council is required to have a statement of Licensing Policy, A copy of the Statement of Licensing Policy which we seek authorisation to continue is attached at Appendix 1. 3.4 It is considered that the proposal to continue with the Statement of Licensing Policy is the most prudent one considering the challenges of holding meaningful consultation when many of the consultees have either been closed (licensed premises), in lockdown (residents) or under significant increase workload (police) 3.5 By continuing the current Statement of Licensing Policy for a further 12 months (until January 2022) it will allow the authority to conduct a considered and thorough review of the Policy working closely with the Licensing and Overview and Scrutiny Committees. 3.6 Additionally it will allow meaningful consultation with the stakeholders listed in 3.2 to ensure the Statement of Licensing Policy is robust and properly serves the needs of those parties for the next 5 year period. 4.0 Consultation 4.1 The Chair of Licensing Committee and Chair of Overview and Scrutiny Committee have been consulted and are in agreement with the proposed continuation of the Policy. 5.0 Alternative Options 5.1 There are no alternative options to the proposals in this report. The Council is required to have a statement of Licensing Policy. 6.0 Links to Council Priorities 6.1 N/A 7.0 Implications Financial, Resources and Procurement 7.1 There is no financial, resource or procurement implications in this case. 7.2 The Statement of Licensing Policy sits within the Budgetary and Policy Framework approved by Council on 28 March 2019 therefore permission to continue with the existing policy for a 12 month period until January 2022 must be taken by Council. Human Resources 7.2 N/A Legal 7.3 The Council is seeking to continue with its current policy, the Policy is part of the Budget and Policy Framework and requires approval from the Council meeting. Ordinarily reports would proceed to the Licensing Committee and through the Overview and Scrutiny Committee. There are no scheduled meetings of either Committee or therefore an emergency non-executive decision obtaining the approval of the Chairs of Overview and Scrutiny and the Licensing Committee to the approach being taken has been obtained.

Page 68 7.4 A full consultation on the proposed future amendments to the Councils Licensing Policy will then be carried out in accordance with the Policy and Budget framework at the earliest opportunity. 7.5 The Council is required to have a Statement of Licensing Policy and this report seeks retrospective approval of any decisions and action taken between. Health, Social, Economic and Environmental 7.6 Have you completed a Health, Social, Economic and Environmental Impact Assessment? No 7.7 If you have not completed an Impact Assessment, please explain your reasons: The original Statement of Licensing was subject to this assessment, as this is a continuation to that and a comprehensive Health, Social, Economic and Environmental Impact Assessment will be completed in the next 12 months as part of the revised policy it is not consider to be required here. 7.8 Summary of health, social, economic and environmental impacts: N/A Equality and Diversity 7.9 Have you completed an Equality Impact Analysis? No 7.10 If you have not completed an Impact Assessment, please explain your reasons: The original Statement of Licensing was subject to this assessment, as this is a continuation to that and a comprehensive Equality Impact Analysis will be completed in the next 12 months as part of the revised policy it is not consider to be required here. 7.11 Summary of equality and diversity impacts: N/A Risk Risk Consequence Controls required SLDC cannot adequately hold SLDC would have less Continuation of Statement licensed premises to account power to control Licensed of Licensing Policy for 12 because not having a current premises that do not meet months until January 2022 Statement of Licensing Policy the expectations of the diminish our position to take licensing objectives. action.

Contact Officers Gareth Candlin – Operational Lead for Specialist Services 01539 793382 [email protected] Sean Hall – Principal Specialist (Health & Environment) 01539 793411 [email protected] Appendices Attached to this Report Appendix No. Name of Appendix 1 Statement of Licensing Policy 2016-2021

Page 69 Tracking Information Signed off by Date sent Date Signed off Legal Services 08/03/21 09/03/21 Section 151 Officer 08/03/21 12/03/2021 Monitoring Officer 08/03/21 12/03/2021 CMT 11/03/21 11/03/21

Circulated to Date sent Lead Specialist N/A Human Resources Lead Specialist N/A Communications Team N/A Leader N/A Committee Chairman N/A Portfolio Holder N/A Ward Councillor(s) N/A Committee N/A Executive (Cabinet) N/A Council N/A

Page 70 Appendix 1

Licensing Act 2003 Review of Statement of Licensing Policy

For the period 4th January 2016 to 4th January 2021

Contents

1.0 Introduction ...... 2 2.0 Purpose of Policy ...... 3 3.0 Scope of this policy ...... 4 4.0 General matters ...... 5 5.0 Licensing Objectives ...... 8 6.0 Personal licences ...... 11 7.0 Applications ...... 12 8.0 Review of Premises Licence and Other persons ...... 16 9.0 Temporary Event Notice (TEN’s) ...... 20 10.0 Cumulative Impact Policy ...... 21 11.0 Early Morning Restriction Orders (EMRO) ...... 23 12.0 Late Night Levy ...... 26 13.0 Enforcement ...... 27 14.0 Administration, Exercise and Delegation of Functions ...... 28 Appendix 1: Table of Delegated functions ...... 29 Appendix 2: Appeals procedure ...... 30 Appendix 3: Guides of Best Practice ...... 31 Appendix 4: List of Consultees...... 33 Appendix 5: Application addresses ...... 36

www.southlakeland.gov.uk

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1.0 Introduction

1.1 Welcome to South Lakeland District Council’s Statement of Licensing Policy. It will apply for a maximum of five years. The policy will be kept under review and may be revised in light of experience or revisions to guidance issued under section 182 of the Licensing Act 2003.

1.2 South Lakeland District Council is situated at the southern tip of Cumbria, to the North of Morecambe Bay and set against the spectacular background of the English Lake District Mountains.

1.3 Surrounded by beautiful beaches and the Cumbrian Fells, the South Lakeland area has a strong services and tourism industry. With strong links to the M6 corridor, South Lakeland District Council has promoted the growth and development of business sites into the area to attract high quality technology-led business.

1.4 South Lakeland has a vibrant daytime, evening and night-time economy and is the base for many cultural and leisure activities. There are approximately 989 businesses associated with the Licensing Act provisions. These include theatres, restaurants, public houses, off-licences, nightclubs, private members clubs and takeaway outlets. There is a mixed provision of outlets ranging from village halls and small public houses in the rural area to community centres and nightspots in the town centres.

1.5 The Licensing Act 2003 requires South Lakeland District Council as the Licensing Authority, to prepare and publish a statement of Licensing Policy. The policy sets out principles that the Council generally applies to promote the licensing objectives when making decisions on applications made under this act. An extensive consultation exercise was held before the policy was published.

1.6 The Council is committed to developing South Lakeland’s regional status and appreciates the importance leisure businesses have for the local economy. The Council’s policies and priorities aim to reflect the needs and aspirations of existing and new local businesses. The thriving food, drink and entertainment businesses in the area are an important part of the local economy and this policy is critical to their continuing success and for attracting further investment and opportunity to the area. Balanced against this are the Council’s legal duties with regard to public safety, nuisance and commitment with its partners to reducing crime and fear of crime.

1.7 It is also important to protect and maintain our environment so that residents, visitors and other businesses can enjoy the opportunities for living, visiting and working within the area safety and free from nuisance. The Council values its younger people and is active in ensuring they are offered a wide range of opportunities and experiences to develop while seeking to protect them from harm.

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1.8 Guidance such as the Licensing Policy aims to advise businesses and individuals on how they can develop, as well as clarifying the national licensing legislation.

1.9 If you require further information on the Licensing Policy please contact our Licensing Section of the Public Protection Group. 2.0 Purpose of Policy

2.1 Section 5 of the Licensing Act 2003 requires a Licensing Authority to prepare and publish a statement of this licensing policy every five years. Such a policy must be published before the authority carries out any function in respect of individual applications made under the terms of the Act. This is the third review of our Licensing Policy and following a public consultation South Lakeland District Council resolved to approve the revised policy on the 17th December 2015 to be effective from 4th January 2016 for the next five years.

2.2 This policy statement has amongst other things, four main purposes:

1. To provide Members of the Licensing Committee with a decision making framework. The policy will be taken into account at a hearing following representations

2. To inform applicants of the parameters within which the Authority are able to make licensing decisions and allow them to take this into account when making applications

3. To provide guidance to local residents and businesses of the boundaries within which the Licensing Authority will make licensing decisions. This will assist those parties when making representations in relation to various applications

4. To support the Licensing Authority if it has to demonstrate in a court of law how it arrived to its licensing decisions

2.3 The policy will be kept under review and the Licensing Authority will if necessary, after appropriate consultations, make such revisions to it as may be considered appropriate. Any amendments will be incorporated in the licensing statement after each review.

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3.0 Scope of this policy

3.1 The Council as the Licensing Authority is responsible for authorising licensable activities, the issue of personal licenses and other matters set out in the Act within this district. This policy relates to all those licensable activities identified as falling within the provisions of the Act, namely:

1. Retail sale of alcohol

2. Supply of alcohol by or on behalf of club members

3. Provision of regulated entertainment under certain circumstances i.e. entertainment (unless exempted by the Act) which is provided for the public, club members or for consideration with a view to profit

4. Supply of late night refreshment being supply of hot food and/or hot drink from any premises (subject to any statutory exemption) including food stalls, between 23:00 hours and 05:00 hours

3.2 In addition to the above the Act also makes the provision of licensing individuals to sell alcohol (personal licences); the permitting of certain licensable activities on a temporary basis (temporary event notice); and provisional statements.

3.3 A minority of consumers will behave badly and unlawfully once away from premises, and it would be unreasonable to expect licence holders to have control over these individual people.

3.4 The Licensing Authority recognises that the Act is not a cure-all for all anti-social behaviour. There is a breadth of other strategies for addressing these problems, for example: • Planning controls • Powers of local authorities to designate parts of the local authority areas as places where alcohol may not be consumed publicly • Powers of Police and Local Authorities under the Anti-Social behaviour legislation • Police enforcement of the general law concerning disorder and anti-social behaviour, including the issuing of fixed penalty notices • The prosecution of any personal licence holder or member of staff selling alcohol to people who are drunk • Confiscation of alcohol from adults and children in areas protected by Public Space Protection Orders and dispersal powers • Police powers to close down instantly for up to 24 hours any licensed premises or temporary event on grounds of disorder, the likelihood of disorder or excessive noise emanating from the premises • The power of the Police, other responsible authorities or

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other person to seek a review of the licence or certificate • Promotion of positive activities

4.0 General matters

4.1 All references to “the Act” in this document shall be deemed to mean the “Licensing Act 2003” unless otherwise stipulated.

4.2 South Lakeland District Council is the Licensing Authority for this district under the terms of the Act who are responsible for determining all applications for licensable activities, as defined in Section 1 of the Act.

4.3 The Licensing Authority recognises that it operates services who act as ‘Responsible Authorities’ i.e. Environmental Health, Planning, Police, Fire Authority, Trading Standards, the Safeguarding Team at Cumbria County Council, and Licensing Authority and the local authority’s Director of Public Health, who are able to make representations on any licence application submitted under the terms of the Act. The Licensing Authority will treat these submissions with the same consideration as any other representations having regard to the terms of the Section 182 Statutory Guidance on this Licensing Policy. For the purpose of the Act, Cumbria County Council’s Safeguarding and Review team is the responsible authority in relating to the protection of children from harm.

4.4 The Act requires the Licensing Authority to keep a register containing a record of each premises licence, club premises certificate, personal licence issued and temporary event notice received and in doing so this will have regard to the information set out in Schedule 3 of the Act.

4.5 To comply with this requirement our register may be accessed on line by using the following link: https://www.southlakeland.gov.uk/business-and-trade/licensing-and-permits/alcohol- music-and-late-night-refreshments-licences/premises-licences/public-register-of- licensing-act-applications/ Disclaimer

4.6 Advice and guidance contained in the Statement of Licensing Policy is intended only to assist readers and should not be interpreted as legal advice or as constituent of South Lakeland District Council’s Statement of Licensing Policy. Readers are strongly advised to seek their own legal advice if they are unsure of the requirements of the Licensing Act 2003 or of the Guidance or Regulations issued under the Act.

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Consultation

4.7 There are a number of groups which have a stake in the leisure industry, including providers, customers, residents and enforcers, all of which have views and concerns that require consideration as part of the licensing function and promotion of the licensing objectives.

4.8 In developing this policy statement, the Licensing Authority consulted widely. Along with the statutory consultees (the Responsible Authorities), the views of existing license holders, businesses, voluntary groups and residents were also taken into account. Due consideration was given to the views of all those who responded to that consultation process. Links to other Strategies

4.9 In preparing this Statement of Licensing Policy, the Licensing Authority has had regard to and consulted with those involved in South Lakeland District Council’s local strategies on crime prevention, planning transport, culture, tourism, community, eGovernment and economic development, to ensure the proper co-ordination and integration of the aims and actions of these policies. Review and amending of these strategies will be considered for their impact upon this Statement of Licensing Policy.

4.10 Where appropriate, the licensing authority will co-ordinate and liaise with the planning authority and will provide information regarding licensed premises in the area, including evidenced alcohol related crime and disorder information where available, to enable Planning Committee to have regard to such matters when making decisions. Planning and Building Control

4.11 The Licensing Authority will ensure that planning, building control and licensing regimes will be separated to avoid duplication and inefficiency.

4.12 The licensing authority would normally expect that applications for premises licenses for permanent commercial premises should normally be from businesses with planning consent for the property concerned. However, the licensing authority acknowledges that applications for premises licences or club premises certificates may be made prior to any relevant planning permission having being sought or granted by the planning authority. Applicants would be expected to ensure that all relevant permissions are obtained.

4.13 The licensing authority recognises that licensing applications should not be a re-run of planning applications nor should they cut across decisions taken by planning committee or following appeals against decisions taken by the

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Council’s planning committee. The licensing authority’s licensing committee will not be bound by decisions made by the Council’s planning committee and vice versa.

4.14 Where the granting of any variation to a premises licence or club premises certificate involves a material alteration to a premises, the licensing authority would expect the applicant to apply for relevant planning permission or building control consent where appropriate.

4.15 The Licensing Authority recognises that when, as a condition of planning permission a terminal hour has been set for the use of the premises for commercial purposes, and where these hours are different from the licensing hours, the applicant must observe the earlier closing time. Premises operating in breach of their planning permission would be liable to prosecution under planning law. Special Events in the Open Air or in Temporary Structures

4.16 The promotion and the organisation of live musical and similar entertainment in the open air or in temporary structures like marquees etc. can provide opportunities for community involvement, civic pride and can attract visitors to the district.

4.17 However, the success of such events by way of contribution to the Council’s cultural and tourist strategies depends upon the quality, levels of safety and consideration for the rights of people who work and live in the vicinity and the standard of provision of facilities for those coming to enjoy the event. See paragraph 8.29 for further details.

4.18 In recognition of the special factors that are relevant, particularly with respect to major open air events such as pop festival or events like those provided by Kendal Mint fest, the Council has established a multi-agency forum to assist organisers in co-ordinating such events. This includes council departments who have an interest in or legislative role relevant to such events, together with representatives of the various emergency services.

4.19 Members of the forum are notified about all proposals to hold such events and where necessary special meetings will be organised in order to consider any communication with organisers.

4.20 A useful document which organisers are recommended to obtain is ‘The Event Safety Guide’ (known as the purple guide), published by the Health and Safety Executive. This is currently being revised and organisers are advised to check online for the latest version.

4.21 Guidance on the planning of such events is available to organisers but it is important that substantial notice is given so that proper preparations and precautions can be

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put in place for the event. This also applies if the event is proposed under a Temporary Event Notice. Community Applicants

4.22 Whilst this policy is aimed at all licensable activities under the Act it should be noted that the Council sees a distinction between large or permanent activities, such as those proposed by commercial operations and small or temporary activities such as those which might be proposed by cultural or community groups.

4.23 Where events are proposed by cultural or community groups, it is recognised that those groups may not have the same skill or the expertise or access to professional advice. Such groups may seek assistance and guidance from the Council by contacting the Licensing Section.

4.24 Whatever the nature of the applicant and activity proposed, the overriding matter is that the Council will consider the individual merits of the application and act to promote the licensing objectives. 5.0 Licensing Objectives

5.1 The Act sets out four licensing objectives which the Licensing Authority has a duty to promote when carrying out its licensing function, namely:

1. The Prevention of Crime and Disorder 2. Public Safety 3. The Prevention of Public Nuisance 4. The Protection of Children from Harm

5.2 These objectives are the only factors that can be taken into account in determining an application and any conditions attached to the licence must be necessary to promote the licensing objectives. If there are no relevant representations, then an application must be granted and subject only to mandatory conditions and conditions consistent with the applicants operating schedule. Any conditions offered by the applicant within their operating schedule will become conditions on the licence.

5.3 Where it is appropriate to promote these licensing objectives, the controls the licensing authority and responsible authorities will expect to see where relevant:

5.4 Prevention of Crime and Disorder:

• The use of toughened glass/polycarbonate or other plastic/non-glass bottles/receptacles

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• Measures to prevent open bottles or other drinks containers being carried from premises • Restriction of drinks promotions and responsible retailing • Means of providing free water • Marketing promotions do not encourage excessive consumption and should be socially responsible • Measures to prevent binge drinking • Participation in pub/club watch schemes and attendance to meetings • Use of appropriate numbers of security personal and stewards ensuring effective controls at all times. Training staff in crime prevention measures • Search procedures • Use of CCTV inside and outside premises, ensuring digital systems comply with Home Office minimum requirements • Adequate lighting • Design premises to minimise the opportunity for crime and disorder • Quality supervision and surveillance in premises • Regular checks by staff of all public areas including toilets • Assessment of customer profile ensuring the effective management of customers both inside premises and in outside smoking/external seating areas • Anti-discriminatory policies and practice covering e.g. homophobia and racism • Provision of a means of communication to other venues and the Police

5.5 Public Safety:

• Promotion of responsible drinking • Awareness of drink spiking • Zero tolerance drug policies including the appropriate use of searching/amnesty boxes to combat drug crime • Assessment of the safe capacity for the venue and adequate monitoring and control measures to avoid overcrowding • Regular removal of all glasses and bottles • Specific precautions for the use of special effects • Adequate provision for ventilation/temperature control • Assessment, monitoring and management of noise exposure • Assessment for crowd dynamics • Safety of gas and electrical services • Fire safety and emergency lighting • Easy accessible free drinking water

5.6 Prevention of Public Nuisance:

• Assessment of the likelihood of nuisance affecting local

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communities through an assessment of the location of premises, character of the surrounding area and the proximity to residential and other sensitive premises. Nuisance could be from noise, odour or light • Latest admission times • Measures for the limitation of noise emissions from the premises. These may include as appropriate noise limitation devices, sound insulation, whether windows are to be opened, the installation of acoustic lobbies and double glazing • Measures to dealing with queuing, where necessary • Use and management of outdoor areas • Measures to deal with dispersal of customers from the premises as necessary, including the employment of door supervisors, use of dedicated cab firms, notices in the premises requesting customers to respect neighbours • Winding down periods particularly in public houses and nightclubs etc. • Disposal of waste, particularly glass • Use and maintenance of plant, including air extraction and ventilation systems • Litter collection in vicinity • Consideration of an adequate traffic management plan • Noise from deliveries/collections • Odour and light nuisance • Measures to supervise customers use of beer gardens, smoking and external seating areas

5.7 Protection of Children from Harm:

• Limitation of access dependent on nature of activities • Use of British Board of Film Classification for film exhibition • Robust proof of age provisions to include preventions of under 18s entering the premises where appropriate and the requirement for anyone looking under 18 to provide proof of age in the form of a photo driving licence, passport or accredited photo ID card bearing the PASS hologram. PASS is the UK’s national guarantee scheme for proof-of-age cards • Adoption of the Challenge 21/25 policy • Adequate staff training on age restricted sales • Adequate warning signage • Measures to avoid proxy sales • Control measures to protect child performances • Records of refusals (refusal log) • Suitable design and layout of alcohol display

5.8 It is recognised that the licensing function is only one means of securing the delivery of the licensing objectives and should not therefore be seen as a cure-all for solving all problems within the community. The Licensing Authority will

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therefore continue to work in partnership with its neighbouring authorities, the Responsible Authorities, the Health Authority, local businesses and local people towards the promotion of objectives as outlined.

Designated Premises Supervisors (DPS)

5.9 The main purpose of the ‘designated premises supervisor’ is to ensure that there is always one specified individual who can be readily identified for the premises where a premises licence is in force. The Licensing Authority will normally expect the DPS to have an active role in the day to day operation of the licensed premises, in particular the sale and supply of alcohol. A DPS does not have to be on site all the time, but should authorise individuals to supervise the day to day management of the premises in his absence.

5.10 A DPS should have sufficient experience and knowledge appropriate for the operation under their control. A DPS should be able to control the activities on site and respond quickly and efficiently to problems.

5.11 A DPS should be able to demonstrate that they:

• Have sufficient knowledge and experience appropriate to the premises that they intend to control • Are able to respond to problems quickly and to meet with responsible authorities, local residents and ensure adequate direct management of individual premises in a timely manner

5.12 Following a Police representation the Licensing Authority may refuse an application or remove a DPS where:

• A problem premises exists and the DPS is not capable of fulfilling the duties and expectations of a DPS • A proposed DPS cannot demonstrate their suitability for the licenced premises 6.0 Personal licences

6.1 Every supply of alcohol under the premises licence must be made or authorised by a person who holds a Personal Licence. The Act does not require the presence of a Personal Licence holder at all material times but if any sales are made when a Personal Licence holder is not present, then they must have been authorised by somebody who holds a Personal Licence. Regardless of whether a Personal Licence holder is present or not they will not be able to escape responsibility for the action of those he authorises to make such sales.

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6.2 The Council recommends that authorisations for the sale of alcohol be made in writing to ensure that those authorised are clear on their legal responsibilities. Any premises where alcohol is sold or supplied may employ one or more Personal Licence holders. This paragraph should be read in conjunction with paragraphs 5.9 to 5.12 above, which state the role of the Designated Premises Supervisor.

6.3 The Council recognises it has no discretion regarding the granting of Personal Licences where:

• The applicant is 18 years or over; • Possesses a licensing qualification; • Has not had a licence forfeited in the last five years; and • Has not been convicted of a relevant offence

6.4 An application for a Personal Licence to sell alcohol must be made on the form specified in government guidance or regulations. The application form must be accompanied by the requisite fee. The applicant should also be able to produce evidence of the relevant qualifications.

6.5 Applicants should produce a Disclosure and Barring Scotland Certificate (formally known as Criminal Records Check certificate) within 1 calendar month, with the application form. Applicants are also expected to make a clear statement as to whether or not they have been convicted outside England and Wales of a relevant offence or similar offence.

6.6 Where an application discloses relevant unspent convictions the council will notify the police of that application and the convictions. The police may make objections on the grounds of crime and disorder. If an objection is lodged a hearing must be held.

6.7 The Council will, at such a hearing, consider carefully whether the grant of the licence will compromise the promotion of the crime prevention objective. It will consider the seriousness and relevance of the convictions(s), the period that has elapsed since the offence(s) were committed and any mitigating circumstances. The Council will normally refuse the application unless there are exceptional and compelling circumstances which justify granting it. 7.0 Applications

7.1 When considering applications, the Licensing Authority will have regard to:

• The Licensing Act and licensing objectives • Government guidance issued under Section 182 of the Licensing Act 2003 • Any supporting regulations • This statement of Licensing Policy 12

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7.2 This does not, however, undermine the rights of any person to apply under the 2003 Act for a variety of permissions and have the application considered on its individual merits, nor does it override the right of any person to make representations on any application to seek a review of a licence or certificate where they are permitted to do so under the 2003 Act.

7.3 The Licensing Authority recognises that, in some circumstances, longer licensing hours for the sale of alcohol may help to avoid concentrations of customers leaving premises simultaneously and reduce the potential for disorder. It also recognises that overly restrictive hours may inhibit the development of the night time economies that are important for investment, employment and tourism.

7.4 When determining applications by the Licensing committee, the Licensing Authority will seek to balance those factors against its duty to promote the four licensing objectives and the rights of residents to peace and quiet.

7.5 This policy is not intended to duplicate existing legislation and other regulatory regimes that place duties on employers and operators e.g. Health and Safety at Work etc. Act 1974, Environmental Protection Act 1990, Equality Act 2010, Building Regulations and the Regulatory Reform (Fire Safety) Order 2005. The Licensing Authority will therefore only impose conditions which are appropriate in promoting licensing objectives.

7.6 When one part of South Lakeland District Council seeks a premises licence from the Licensing Authority, the Licensing Committee and its officers will consider the matter from an entirely neutral standpoint. If relevant representations are made, for example, by a local resident or the police, they will be considered fairly by the committee. Those making representations, genuinely aggrieved by a positive decision in favour of a local authority application by the Licensing Authority are entitled to appeal to the Magistrates’ Court and thereby receive an independent review of any decision made.

7.7 In all cases, applicants and those making representations in respect of applications to the Licensing Authority have a right of appeal to the Magistrates’ Court against the decision of the Licensing Authority.

7.8 It should be noted that incomplete applications will not be accepted but returned with an explanation of why it is incomplete.

7.9 The Licensing Authority welcomes applications made via South Lakeland District Council’s electronic application facility.

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Community Halls

7.10 The Legislative Reform (Supervision of Alcohol Sales in Church and Village Halls etc.) Order 2009 amends the Act to allow management committees of community premises to make an application for a premises licence or to vary an existing premises licence which includes an application to remove the requirement of a designated premises supervisor and the authorisation of the sale of alcohol by a personal licence holder. New and Varied Premises Licences/Club Premises Certificates

7.11 Where no premises licence or club premises certificate exists in respect of a premises, an application for a new premises licence or club premises certificate must be made to enable the carrying out of licensable activities.

7.12 An application to vary an existing premises licence or club premises certificate should be made where the proposed variation is in respect of changes to the types of licensable activities that are to be undertaken and/or the hours that those activities are to take place, or where structural changes are made to the premises.

7.13 Where the proposed variation to a premises licence or club premises certificate is in respect of structural alterations, the application must always be accompanied by a plan of the proposed alterations in additions to the existing premises licence or club premises certificate and the plan to which it relates.

7.14 Where a premises licence holder or club premises wishes to amend a premises licence or club premises certificate, the licensing authority will allow for an application to vary to be made rather an than requiring an application for a new premises licence or certificate. The process the applicant will undertake will depend on the nature of the variation and its potential impact on the licensing objectives. The variation process will include:

• Change of name and address of a person named in the licence; • Variation of the licence to specify a new individual as designated premises supervisor; • Request to be removed as designated premises supervisor; • Request of community premises to display the mandatory condition concerning the supervision of alcohol sales by a personal licence holder and the need for a designated premises supervisor who holds a personal licence; • An application for minor variation of a premises licence or club premises certificate

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7.15 In addition, when completing section 3 of the application, it is important applicants ensure they provide sufficient time for the alterations to be carried out when stating the date upon which the variation is to take effect. This is to ensure that when the premises licence or club premises certificate comes into force, the plan to which it relates reflects accurately the layout of the building.

7.16 If the actual date when the alterations have been completed differs from that requested, applicants must inform the licensing authority so that the premises licence or club premises certificate can be issued correctly. Failure to do so may result in an offence being committed under Section 136 of the Licensing Act 2003 of carrying on a licensable activity otherwise than under and in accordance with an authorisation. Minor Variations

7.17 In August 2009, the Government introduced a streamlined process for applicants to make minor variations to their premises licences and club premises certificates where the change is considered to have ‘no adverse impact’ on the promotion of any of the four licensing objectives.

7.18 Minor variations can be used to:

• Make minor changes to the structure or layout of a premises • Make small adjustments to the licensing hours • Remove out of date, or unenforceable conditions • Add or remove certain licensable activities • Add volunteered conditions to a premises licence or club premise certificate

7.19 Examples of where the new minor variation process cannot be used to:

• Extend the period for which the licence or certificate has effect • Specify, in a premises licence, an individual as the premises supervisor • Add the sale by retail or supply of alcohol as an activity authorised by a licence or certificate • Authorise the sale by retail or supply of alcohol at any time between 23:00 hours and 07:00 hours • Authorise an increase in the amount of time on any day during which alcohol may be sold by retail or supplied • Vary a licence for community premises so as to apply the condition that every supply of alcohol under that licence must be made or authorised by the management committee • Substantially vary the premises to which the licence or club premises certificate relates

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7.20 On receipt of a minor variation application, the Licensing Authority will consider the application and consult the relevant responsible authorities as it considers appropriate. In deciding on the application the Licensing Authority will consider any relevant representations received within the statutory time limit (ten working days from the day after the application was received by the Licensing Authority). The Licensing Authority will either grant the application or refuse it where it considers that the proposed application could impact adversely on any of the four licensing objectives.

7.21 If the Licensing Authority fails to determine the application within 15 working days, the application will be treated as being refused and the fee returned. However in such cases the Licensing Authority and applicant may agree instead that the undetermined application should be treated as a new minor variation application and that the fee originally submitted may be treated as a fee for the new application thus avoiding the need for a new application to be submitted. 8.0 Review of Premises Licence and Other persons

8.1 In addition to Responsible Authorities, any other person can be involved in a number of licensing processes under the Act. This includes any individual, body or business entitled to make representations to licensing authorities in relation to applications for the grant, variation, minor variation or review of premises licences and club premises certificates in regardless of their geographic proximity to the premises. These persons may themselves seek a review of a premises licence.

8.2 Any representations made by these persons must be ‘relevant’, in that the representation relates to one or more of the licensing objectives. The Licensing Authority should also consider whether the representation made is frivolous or vexatious. In the case of applications for reviews, there is an additional requirement that the grounds for the review should not be considered by the Licensing Authority to be repetitious.

8.3 While any of these persons may act in their own right, they may also request that a representative makes the representation to the Licensing Authority on their behalf. A representative may include a legal representative, a friend, a Member of Parliament, a Member of the Welsh Government, or a local ward or parish councillor who can all act in such a capacity.

8.4 The Licensing Authority acknowledges that local councillors can make representations in their own right if they live, or are involved in a business in the vicinity of the premises in question or if they have concerns about any premises regardless of whether they live or are involved in a business in the vicinity of the premises.

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8.5 The Licensing Authority considers that Trading Associations, Trade Unions and residents and Tenant’s Associations qualify as other persons.

8.6 The Licensing Authority will not generally view these bodies as other persons unless they have a member who can be classed as an Interested Party.

8.7 The Licensing Authority will generally require written evidence that a person is authorised to represent other persons in any case other than that is mentioned in paragraph 8.4 above. Representations

8.8 Any Responsible Authority or other persons may make relevant representations on applications for the grant of a premises licence or club premises certificate and request reviews of licence or certificates that have been granted.

8.9 A representation will only be ‘relevant’ if it relates to the likely effect of the grant of the licence on the promotion of at least one of the four licensing objectives. In addition, the representation must not be frivolous or vexatious.

8.10 The police may object to the designation of a new designated premises supervisor (DPS) where, in exceptional circumstances, they believe that the appointment would undermine the crime prevention objective.

8.11 Where the police do object, the licensing authority must arrange for a hearing at which the issue can be considered and both parties can put forward their arguments. The 2003 Act provides that the applicant may apply for the individual to take up post as DPS immediately and, in such cases, the issue would be whether the individual should be removed from this post. The licensing authority considering the matter must restrict its consideration to the issue of crime and disorder and give comprehensive reasons for its decision. Either party would be entitled to appeal if their argument is rejected.

8.12 The 2003 Act also provides for the suspension and forfeiture of personal licences by the courts following convictions for relevant offences, including breaches of licensing law. The police can at any stage after the appointment of a DPS seek a review of a premises licence on any ground relating to the licensing objectives if problems arise relating to the performance of a DPS.

8.13 The Police and Environmental Health department may make representations in respect of a notification of a temporary event notice on the basis of any of the licensing objectives.

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8.14 The Licensing Authority must be satisfied that the representation is made by another person, who can generally only be determined by reference to the name and address of the person making it, this authority will not consider and representations that fail to provide those details.

8.15 Where relevant representations are made, the Licensing Authority must provide copies of those representations to the applicant or his/her representative. The Licensing Authority accepts that in exceptional circumstances an Interested Party may not wish for his/her personal details to be disclosed to the applicant.

8.16 Where the Licensing Authority considers that a relevant representation has been made and that exceptional circumstance exists, details of the name and address made be withheld form the copy of the representation that is provided to the applicant or his/her representative.

8.17 In all cases, applications and those making representations that are genuinely aggrieved by a decision of the Licensing Committee are entitled to appeal to the Magistrates’ Court against the decision of the committee.

8.18 Where the Responsible Authorities or other persons do not raise any relevant representations about the application made to the Licensing Authority, the Licensing Authority will grant the premises licence or club premises certificate subject only to conditions that are consistent with the operating schedule and any mandatory conditions prescribed by the Licensing Act 2003. Review of Licences

8.19 Where possible and appropriate, the Licensing Authority and Responsible Authorities will give early warning to licence holders of any concern about problems identified at premises and of the need for improvement.

8.20 Any Responsible Authority or other person may apply for a review of a premises licence or a club premises certificate by serving a notice containing details of the application on the holder of a licence or certificate and to each of the Responsible Authorities.

8.21 An application for review will be only ‘relevant’ if the grounds upon which it is made relates to the promotion of at least one of the four licensing objectives and is not frivolous, vexation or repetitious. An evidentiary basis will be required to be presented to the Licensing Authority.

8.22 Where other person applies for a review, the Licensing Authority must be satisfied that a review is relevant. There is no appeal to the decision of the Licensing Authority other than by the way of Judicial Review.

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8.23 No more than one review from a person other than responsible authorities will be normally permitted within any 12 month period on similar grounds except in exceptional and compelling circumstances or where it arises following a closure order. Conditions

8.24 The Licensing Authority may not impose any conditions unless its discretion has been exercised following receipt of relevant representations and it is satisfied as a result of a hearing (unless all parties agree a hearing is not necessary) that it is appropriate to impose conditions to promote one or more of the four licensing objectives. This provision also applies to minor variations.

8.25 The Licensing Authority may not impose any conditions unless its discretion has been engaged following the making of relevant representations and it has been satisfied at a hearing of the necessity to impose conditions due to the representations raised. It may then only impose such conditions as are necessary to promote the licensing objectives arising out of consideration of the representations.

8.26 The Licensing Authority actively promotes the benefits of partnership working between the Council and local businesses to enhance business operations and thereby achieve the community benefits of minimisation of waste, enhancement of the street scene, promotion of community safety, reduction of the fear of crime and the encouragement of tourism and inward investment. It is recommended that Premises Licence holder contact the Licensing Authority to ensure up to date mandatory conditions are on display.

8.27 To maximise the efficiency of administering licences and reduce the necessity for hearings, the Licensing Authority will actively encourage applicants and clubs to consult with the Responsible Authority and seek professional guidance from Council services, when operating schedules are being prepared to allow for proper liaison to take place in such areas as noise reduction, CCTV, refuse and litter etc., to avoid representations being necessary. The Licensing Authority accepts that while some applicants may find it useful to contact the Responsible Authorities and Council services for advice and professional assistance, others will not need to do so, and that applications cannot be refused on the basis that such consultation has not taken place.

8.28 Where relevant representations are made, the Licensing Authority will seek to make objective judgements as to whether conditions may need to be attached to various authorisations and others in possession of relevant authorisations, to secure achievement of the licensing objectives.

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8.29 Any conditions arising from the operating schedule or as a result of representations will focus primarily upon the direct impact of the activities taking place at licensed premises on those attending the premise sand members of the public living, working or otherwise engaged in normal activity in the areas concerned and will cover matters that are within control of the individual licensees.

8.30 If an applicant volunteers prohibition or restriction in his/her operating schedule because his/her own risk assessment had determined such prohibition or restriction to be appropriate, such volunteered prohibitions or restrictions will become conditions attached to the licence or certificate and will be enforceable as such. 8.30 8.31 The Licensing Authority recognises that all applications should be considered on an individual basis and any condition attached to such a licence will be tailored to each individual premises, to avoid the imposition of disproportionate and other burdensome conditions on those premises. Standard conditions, other than mandatory conditions, will, therefore, be avoided and no condition will be imposed that cannot be shown to be necessary for promotion of the licensing objective. 9.0 Temporary Event Notice (TEN’s)

9.1 The Act sets out the legal requirements relating to TEN’s. A TEN is a notification given by an individual to the Licensing Authority where it is proposed to use premises for one or more licensable activities during a period not exceeding 168 hours and can be used to authorise relatively small-scale ad hoc events held in or any premises involving no more than 499 people at any one time.

9.2 A TEN is typically used to:

• Authorised a licensable activity at a premises not currently licensed e.g. selling alcohol at a fete • Temporarily extending the hours for providing a licensed activity at an existing licensed premises for a specific event • Provide for licensable activities not authorised by the existing licence

9.3 The organiser must give the Licensing Authority notice of the proposed event and give a copy of the notice to the Police and Environmental Health.

9.4 Where an application or any part of it, is submitted in writing, it is the responsibility of the applicant to ensure that a copy of the application has been sent to the Police as stipulated in the Act. Where an application has been submitted electronically copies of the application will be forwarded to the responsible authorities by the Local Authority.

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9.5 The organiser must normally give the Licensing Authority a minimum of 10 clear working days’ notice. This does NOT include the date of submission, the date of the event, weekends or bank holidays. In a significant number of cases this time period does not allow sufficient time for the organiser to liaise with the Police or Environmental Health and other relevant bodies to ensure that the event passes off safely with minimum disturbance to local residents. Therefore the Licensing Authority will normally expect that the application be submitted no earlier than 28 days before the planned event. The giving of 28 days’ notice allows for responsible discussions to take place with the Police and Environmental Health. The Licensing Authority will consider any breach of previous informal agreements to be an important matter when considering an objection to a TEN.

9.6 Late TENs can be submitted up to five working days but no earlier than nine working days before the event due to take place, and unless given electronically to the Licensing Authority, must also be sent to the Police and Environmental Health. A late TEN given less than five days before the event to which it relates will be returned as void and the activities to which it relates will not be authorised.

9.7 A key difference between standard and late TENs is the process following an objection notice from the Police or Environmental Health. Where an objection notice is received in relation to a standard TEN the Licensing Authority must hold a hearing to consider the objection, unless all parties agree that a hearing is unnecessary. If the Police or Environmental Health gives an objection to a late TEN the notice will not be valid and the event will not go ahead as there is no scope for a hearing or the application of any existing conditions.

9.8 The Licensing Authority will also actively encourage the organiser to notify other relevant agencies such as the Fire Authority (crowd safety and management) in order to obtain expert advice on how best to minimise the risk of injury and public nuisance. In addition, whilst under the Act applicants do not have to notify the Planning Authority in respect of a temporary event, however they are encouraged to do so to ensure that any relevant planning consent is in place. 10.0 Cumulative Impact Policy Need for Licensed Premises

10.1 There can be confusion about the difference between “need” and the “cumulative impact” of premises on the licensing objectives. “Need” concerns the commercial demand for another pub or restaurant or hotel. This is not a matter for a Licensing Authority in discharging its licensing functions or for its Statement of Licensing Policy.

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Cumulative Impact of a Concentration of Licensed Premises

10.2 “Cumulative Impact” means the potential impact upon the promotion of the licensing objectives of a significant number of licenced premises concentrated in one area. The cumulative impact of licenced premises on the promotion of the licensing objectives is a proper matter for a Licensing Authority to consider in developing its Statement of Licensing Policy.

10.3 The Licensing Authority acknowledges that a concentration of licensed premises in a particular area can result in an increased number of people walking through or congregating in streets during the night with the potential impact of an increase in crime, anti-social behaviour, noise pollution and other disturbance to residents, together with an increase in littering or fouling. In such cases, the amenity of local residents can be placed under severe pressure but may not be attributable to any individual premises.

10.4 The Licensing Authority can only adopt a special policy on cumulative impact if there is evidence that a significant number of licensed premises concentrated in one area are resulting, or likely to result, in unacceptable levels of crime and disorder or public nuisance.

10.5 The Licensing Authority, having regard to the evidence currently available, considers that there is no particular part of the district causing a cumulative impact on any part of the licensing objective.

10.6 However, the cumulative impact of licensed premises in a particular area may, at a future time, on representation from residents or businesses or a responsible authority, trigger the consideration of whether any additional licences or substantial variations to existing licences, to increase such aspect as capacity or operating hours, would lead to an unacceptable saturation in an area. The onus will be upon the objectors to provide evidence that additional licences or the variation of existing licences would produce the cumulative impact claimed. Advice and Guidance

10.7 The Licensing Authority recognises the valuable cultural, social and business importance that premises and events requiring a licence under the Licensing Act 2003 provide and welcomes the diversity of activities that are provided by licence holders. For this reason, pre-application discussions will be encouraged to assist applicants to develop their operating schedule. The Licensing Authority and the Responsible Authorities will offer as much advice and guidance to applicants as resources permit.

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10.8 The Licensing Authority will also seek to liaise with applicants and/or mediate between applicants and others who may make representations, to achieve a satisfactory outcome for all involved, wherever possible and where resources permit. Where an applicant considers that mediation and liaison may be likely or probable, it is recommended that he/she discusses his/her proposal with the Licensing Team and those from who they think representations are likely prior to submitting an application. Once an application has been logged, there are statutory timescales imposed upon the application and determination process, which restricts the opportunity for such discussions, liaison and mediation. 10.9 Other mechanisms for controlling cumulative impact include:

• Planning controls • Positive measures to create a safe and clean town centre environment in partnership with local businesses, transport operators and other departments of the local authority • The provision of CCTV surveillance in town centres, ample taxi ranks, provision of public conveniences open late night, street cleaning and litter patrols • Powers of local authorities to designated parts of the local authority areas where alcohol may not be consumed publicly, namely the issuing of Public Protection Orders to these areas • Police enforcement of the general law concerning disorder and anti-social behaviour, including the issuing of fixed penalty notices • The prosecution of any personal licence holder or member of staff at such premises who is selling alcohol to people who are drunk • The confiscation of alcohol from adults and children in areas with Public Spaces Protection Orders • Police powers to close down instantly for up to 24 hours any licenced premises to temporary event on grounds of disorder, the likelihood of disorder or noise emanating from the premises causing a nuisance • The power of police, other responsible authorities or local resident or business to seek a review of the licence or certificate in question 11.0 Early Morning Restriction Orders (EMRO)

11.1 The power for Licensing Authorities to make, vary or revoke an EMRO are set out in sections 172A to 172E of the Act.

11.2 An EMRO enables a Licensing Authority to prohibit the sale of alcohol for a specified time period between the hours of 12am and 6am in the whole or part of its area, if it is satisfied that this would be appropriate for the promotion of the licensing objective.

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11.3 EMROs are designed to address recurring problems such as high levels of alcohol related crime and disorder in specific areas as specific times; serious public nuisance and other instances of alcohol related anti-social behaviour which is not directly attributable to specific premises.

11.4 It is the Council’s intention to support businesses rather than hinder them whilst ensuring promotion of the licensing objectives. However where this has deemed to fail then an EMRO could be considered as a possible solution.

11.5 An EMRO:

• Applies to the supply of alcohol authorised by premises licences, club premises certificate and temporary event notices • Applies for any period beginning at or after 12am and ending at or before 6am. It does not have to apply on every day of the week and can apply for different time periods or unlimited time period (e.g. an EMRO could be introduced for a few weeks to apply to a specific event) • Applies to the whole or any part of the Licensing Authority’s area • Will not apply to the supply of alcohol to residents by accommodation providers between 12am and 6am, provided the alcohol is sold through mini- bars/room service • Will not apply to a relaxation of licensing hours by virtue of an order made under section 172 of the Act EMRO Request:

11.6 It is expected that the need of an EMRO may be identified by a number of different organisations. For example the request for an EMRO may originate from Cumbria Police, Environmental Health or residents association. It may come via another Responsible Authority. It is likely more than one organisation may be involved in the process.

11.7 It is anticipated that the request would be referred to Licensing where a designated procedure will be applied to determine if an EMRO is appropriate. If appropriate, the request will be referred to the Licensing Committee. Members would be supplied with evidence of the issues being experienced in the area in support of the EMRO. The Licensing Committee will decide if, on the strength of the evidence provided, that an EMRO is appropriate for the promotion of the licensing objectives and further work is to be undertaken to support the case. Members may decide that other measures would be more effective in dealing with the problems, or that licensing holders should engage with the authorities in an attempt to rectify matters before the request is considered further.

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Evidence

11.8 Section 182 Guidance to Licensing Authorities states that “The Licensing Authority should be satisfied that it has sufficient evidence to demonstrate that its decision is appropriate for the promotion of licensing objectives. This requirement should be considered in the same manner as other licensing decisions, such as the determination of applications for the grant of premises licences. The Licensing Authority should consider the evidence from partners, including responsible authorities and local community safety partnerships, alongside its own evidence, to determine where an EMRO would be appropriate for the promotion of licensing objectives.”

11.9 The level of evidence Licensing Committee will consider to support an EMRO is:

• Police evidence of reported alcohol related crime • Nuisance statistics compiled from complaints made to Environmental Health in relation to noise, odour and litter nuisance • Data gathered from complaints made to Licensing on matters which affect the licensing objectives • Anecdotal evidence from residents organisations, ward members and other representatives of people living in specific areas • Evidence obtained during the public consultation and associated public meetings

11.10 In addition the Section 182 guidance suggests other sources of evidence as:

• Health related statistics such as alcohol-related emergency attendance and hospital admissions

11.11 This should, in part be provided by the organisation or group who are proposing an EMRO should be in force.

11.12 Once the Licensing Committee is satisfied that an EMRO is required to address the issues in an area, and all other measures have been tried and failed to address these issues, the formal process of implementing an EMRO will begin. The design of the EMRO will include:

• The days (period of those days) on which the EMRO would apply • The area to which the EMRO would apply • The period for which the EMRO would apply • The date from which the proposed EMRO would apply

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Consultation

11.13 The proposed EMRO will be advertised for at least 42 days. The proposal will be published on the Council’s website and in a local newspaper. A notice will be sent to all affected people in the area who hold a premises licence or a club premises certificate, or people who use TENs or who would hold a provisional statement. A notice will be displayed in the area, and sent to responsible authorities and adjacent licensing authorities.

11.14 Any affected by the EMRO has 42 days in which to make a representation on any aspect of the EMRO design. If relevant representations are received then a hearing will be held to consider them. If there are a number of representations, the Licensing Authority may consider whether to hold the hearing over several days. The hearing will commence within 30 working days of the end of the notice period.

11.15 As a result of the hearing the Licensing Authority has three options:

• To decide that the proposed EMRO is appropriate for promotion of the licensing objectives • To decide that the proposed EMRO is not appropriate and therefore the process should be ended • To decide that the proposed EMRO should be modified. In this case it may be necessary to advertise again Formal Decision

11.16 Once the Licensing Authority is satisfied that the proposed order is appropriate for the promotion of the licensing objectives, its determination will be put to full Council for its final decision. Once the EMRO is made, the authority will send a notice to all affected persons and make it available for 28 days on the website.

11.17 A variation or revocation of an order will follow the same process. However an order could be applied for a specified time and in this case the order ceases to apply on the final day.

11.18 Once an EMRO is in place, the Licensing Authority will update this policy as soon as possible to include reference to the EMRO in this section.

11.19 There are currently no EMROs in place for this area. 12.0 Late Night Levy

12.1 The Police Reform and Social Responsibility Act 2011 has also introduced via the Act the power for the Licensing Authority to charge a late night 26

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levy (“the levy”) to all premises within the Local Authority area. The late night levy is a discretionary power allowing Councils to collect an annual fee from all licensed premises in the Council area that are authorised to sell alcohol between the hours of midnight and 6am as a means of raising a contribution towards the costs of policing the night time economy.

12.2 Any decision to introduce, vary or cease a levy will be made by full Council in conjunction with the Police and Crime Commissioner and Local Constabulary. However any decision in relation to the administration and design of the levy will be delegated to the Licensing Committee.

12.3 The Licensing Authority recognises that a levy would cover the whole of the Council area and not just those premises that may be associated with problems or those premises within any cumulative impact area. Therefore, serious consideration will always be given to the introduction of a levy. Furthermore, the Licensing Authority will always give serious consideration as to whether or not a levy would be an economically viable proposal. 13.0 Enforcement

13.1 South Lakeland District Council delivers a wide range of enforcement services aimed at safeguarding the environment and the community, and at providing a ‘level playing field’ on which businesses can trade fairly. The administration and enforcement of the licensing regime is one of these services. The Authority has adopted the Better Regulation Deliver Office Regulators’ Code designed to ensure effective and efficient Public Protection services. Specifically, South Lakeland District Council is committed to accordance with the principles of good enforcement practice by carrying out its regulatory functions in a fair, open and consistent manner.

13.2 The Licensing Authority recognises the interests of both citizens and businesses and will work closely, with partners, to assist licence holders to comply with the law the four licensing objectives that it seeks to promote. However, proportionate but firm action will be taken against those who commit serious offences or break the law consistently.

13.3 The Licensing Authority works in partnership with all of the Responsible Authorities under the Act on enforcement issues. This joint working provides for the targeting of resources towards high-risk premises and activities that require greater attention, while providing a lighter touch in respect of low risk premises that are operated well.

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14.0 Administration, Exercise and Delegation of Functions

14.1 The Licensing Authority will be involved in a wide range of licensing decisions and functions and has established a Licensing Committee to administer them.

14.2 Appreciating the need to provide a speedy, efficient and cost-effective service to all parties involved in the licensing process, the Committee has delegated certain decisions and functions and has established a number of Sub-Committees to deal with them.

14.3 Further, with many of the decisions and functions being purely administrative in nature, the grant of non-contentious applications, including for example, those licence and certificates where no representations have been made, has been delegated to Licensing Authority officers.

14.4 The Licensing Committee will consist of 15 Councillors. Licensing Sub-Committees of three Councillors are expected to consider the bulk of applications where a hearing is necessary. Ward Councillors will not sit on a Sub-Committee involving an application within their ward.

14.5 Every determination of a licensing application by the Licensing Committee or Licensing Sub-Committee shall be accompanied with clear, cogent reasons for the decision.

14.6 It is expected that the authority’s licensing officers will deal with the majority of licence applications and will decide whether representations are irrelevant, frivolous or vexatious. The person making a representation, which is considered to be frivolous or vexatious, will be given written reasons for that decision.

14.7 The authority will ensure that members and officers are appropriately trained to carry out their duties under the Act.

14.8 The table at Appendix 1 sets out the agreed delegation of decisions and functions to Licensing Committee, Sub-Committee and Officers.

14.9 Officers, a Licensing Sub-Committee and even the full Licensing Committee may decline to exercise their delegated powers in any particular case. On such occasions, officers may refer a matter to a Sub-Committee, the Sub-Committee to full Committee and the full Committee to the full Council.

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Appendix 1: Table of Delegated functions

Matter to be dealt with Full Committee Sub-Committee Officers Application for a personal N/A If objection made If no objection made licence Application for personal licence N/A All cases N/A with unspent convictions Application for Premises N/A If representation If no representation Licence/Club Premises made made Certificate Application for Provisional N/A If representation If no representation statement made made Application to vary Premises N/A If representation If no representation Licence/Club Premises made made Certificate Application to vary Premises N/A N/A All cases Licence/Club Premises Certificate by way of minor variation Application to vary Designated N/A If Police object All other cases Premises Supervisors (DPS) Request to be removed as N/A N/A All cases DPS Application to transfer of N/A If a Police All other cases Premises Licence representation Application for N/A If a Police All other cases Interim Authorities representation Application to review N/A All cases N/A Premises Licence/Club Premises Certificate Decision on whether a N/A N/A All cases complaint is irrelevant, frivolous, vexatious, etc Decision to object when local N/A All cases N/A authority is a consultee and not the relevant authority considering the application Determination of Police N/A All cases N/A objection to a TEN Determination of N/A All cases N/A film classification

A Full Committee will consist of 15 members. A Sub-Committee will consist of 3 members.

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Appendix 2: Appeals procedure

Other than in the case of personal licences, an appeal has to be made to the Cumbria Magistrates Court Service, South Cumbria Magistrates Court, Abbey Road, Barrow-in- Furness, Cumbria, LA14 5QX or Cumbria Magistrates Service, Kendal Magistrates Court, The Court House, Burneside Road, Kendal, Cumbria, LA9 4TJ. In the case of personal licences, the appeal must be made to the Magistrates’ Court for the area in which the Licensing Authority (or any part of it) which made the decision is situated. An appeal has be commenced by the giving of notices of appeal by the appellant to the Magistrates’ Court with a period of 21 days beginning with the day on which the appellant was notified by the Licensing Authority of the decision to be appealed against. On determining an appeal, the court may: • Dismiss the appeal • Substitute for the decision appeal against any other decision which could have made by the licensing authority • Remit the case to the licensing authority to dispose of it in accordance with the direction of the court The court may make such order as to costs as it thinks fit.

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Appendix 3: Guides of Best Practice

1. Model National and Standard Conditions for Places of Public Entertainment and Associated Guidance ISBN 1 904031 11 0 (Entertainment Technology Press – ABTT Publications)

2. The Event Safety Guide – A guide to health, safety and welfare at music and similar events (HSE 1999) (“The Purple Book”) ISBN 0 7176 2453 6

3. Guide to Fire Precautions in existing places of entertainment and like premises (The Stationary Office( (“The Purple Book2) ISBN 0 1 340907 9

4. Managing Crowds Safely in Public Venues ISBN 0-11-882132-5

5. 5 steps to Risk Assessment: Case Studies (HSE 2006) INDG 163 (rev2)

6. The Guide to Safety at Sports Grounds (The Stationery Office, 2008) (“The Green Guide”) ISBN 978-0-11-702074-0

7. Good Practice Guide on the Control of Noise from Pubs and Clubs: The Institute of Acoustics

8. Safer Nightlife: London Drugs Policy Forum http://217.154.230.218/NR/rdonlyres/E4E0FE3A-9F8E-4182-AFBF- 31C83E74C03A/0/SS LDPF safer nightlife.pdf This link has been deactivated.

9. Talk to Frank: The a-z of drugs www.talktofrank.com

10. The Portman Group Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks: http://www.portmangroup.org.uk/codes/alcohol-marketing/code-of- practice/code-of-practice

11. British Board of Film Classification: Classification Guidelines http://www.bbfc.co.uk/what-classification/guidlines

12. HSE Guide: The Radiation Safety of laser installation used for display purposes [HS(G)95] HSE Books ISBN 0-7-76-0691

13. Alcohol Harm Reduction Strategy for England: www.cabinetoffice.gov.uk

14. Alcohol Concern: www.alcoholconcern.org.uk/servlets/doc/80147 This link has been deactivated.

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15. Safety Guidance for Street Arts, Carnivals, Processions and large scale performances Independent Street Arts Network www.streetartsnetwork.org/pages/publications.htm This link has been deactivated.

16. National Alcohol Harm Reduction Strategy tool kit www.alcoholconcern.org.uk/servlets/doc/801 This link has been deactivated.

17. Point of Sale Promotions: British Beer & Pub Association www.beerandpub.com

18. Fire safety risk assessment: small (up to 60) and medium (60-300) places of assembly ISBN – 10:1851128204

19. Fire safety risk assessment: large (300+) places of assembly ISBN –10:1851128212

20. Fire Safety risk assessment: open air events and venues ISBN-9781851128235

This is not intended to be an exhaustive list of reference guides but is offered for guidance and may be revised. Where an activity proposes an activity not covered by the above every effort should be made to research current best practice guidance.

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Appendix 4: List of Consultees

All Town/Parish Councils within the South Lakeland District. Admiral Taverns (Nevada) Ltd, 150 Aldersgate Street, London, EC1A 4EJ. Arnold Greenwood Solicitors, Exchange Chambers, 8 & 10 Highgate, Kendal. Arts Council England, 14 Great Peter Street, London. Blackhursts Solicitors, 22 Edward Street, Blackpool. Bond Pearce inc. Cartwrights, Cartwrights Licensing Team, Bristol Bridge House, Bristol British Beer & Pub Association, P O Box 538, Halifax. Bronagh Kennedy, HR Director & General Counsel, Mitchells & Butlers Retail Ltd, 27 Fleet Street. Brown, Barron & Co Solicitors, 65 Duke Street, Barrow-in-Furness. Butterfield Consultancy, 203 Dudley Hill Road, Undercliffe, Bradford. Cains Beer Company Plc, The Robert Cain Brewery, Stanhope Street, Liverpool. Cobbetts Solicitors, Ship Canal House, King Street, Manchester. Cumbria Alcohol and Drug Advisory Service, Stricklandgate House, 92 Stricklandgate, Kendal. Cumbria Chamber of Commerce, Carlisle. , Busher Walk, Kendal. Cumbria Fire Service B Division, Phoenix Road, Barrow-in-Furness. Cumbria Magistrates Court Service, Kendal Magistrates Court, Burneside Road, Kendal. Cumbria Police Headquarters, Carleton Hall, Penrith. Daryl Mansbridge, Licensing Solicitor, Somerfield Stores Ltd, Somerfield House, Bristol. Disability Rights Association, DCR Helpline, Freepost MIDO1264, Stratford-upon-Avon. First Quench Retailing Ltd, Enjoyment Hall, Bessamer Road, Welwyn Garden City, Herts. Forresters Solicitors, 117 Duke Street, Barrow-in-Furness. Freemans Solicitors, 7 St Mary's Place, Newcastle-upon-Tyne. Gail Heard - Solicitor Ltd, 21 Victoria Place, Carlisle. Greenwood Kyle Solicitors, 1 Finkle Street, Kendal. Guest Walker & Co Solicitors, 12a The Shambles, York. Hart Jackson & Sons Solicitors, PO Box 2, 8 & 10 New Market Street, Ulverston. Hartleys (Ulverston) Ltd, The Old Brewery, Ulverston. Harvey Ingram Owston Solicitors, 20 New Walk, Leicester. Hayton Winkley Bromley Wood Solicitors, 25 Crescent Road, Windermere. Hayton Winkley Kendal Solicitors, Stramongate House, 53 Stramongate, Kendal. Honeycombe Leisure/Nectar Taverns, Derby House, Lytham Road, Fulwood, Preston. Inn Court Licensing Consultants, 65 Mapplewell Crescent, Great Sankey, Warrington. James Hall & Co (Southport) Ltd, Spar Distribution Centre, PO Box 38, 89-91 Blackpool Roa, Preston. John Gaunt Solicitors, Omega Court, 372 Cemetary Road, Sheffield. Kidd Rapinet Solicitors, 14 & 15 Craven Street, London. Livingstons Solicitors, 9 Benson Street, Ulverston. Mitchells of Lancaster, 11 Moor Lane, Lancaster. Mr A Risdon MBII, Kendal and South Lakeland District LVA, The Golden Rule, . Mr D MacKenzie, Ulverston & District LVA, Sun Inn, Market Street, Ulverston. Chief Executive, Association of Licensed Multiple Retailers, 9b Walpole Court, London.

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Mr R Robinson, Director, Frederick Robinson Ltd, Unicorn Brewery, Stockport. Mr P Howarth, Retail Director, Thwaites inn, P O Box 50, Star Brewery, Blackburn. Pearson & Pearson Solicitors, Market Square, Kirkby Lonsdale, Carnforth. Poole Townsend Solicitors, 69-75 Duke Street, Barrow-in-Furness. Pubmaster Ltd, Greenbank, Hartlepool. R S Dubelbeis, Director & General Manager, Hartleys (Ulv), The Old Brewery, Ulverston. Renshaws, 28a Finkle Street, Kendal. Scottish & Newcastle Retail, Lakeside House, The Lakes, Northampton. Smithson Clarke Solicitors, Ward's Building, 31-39 High Bridge, Newcastle-upon-Tyne. South Lakeland District Council, Lowther Street, Kendal (All Second Tier Mangers). South Lakeland District Council, South Lakeland House, Lowther Street, Kendal (All elected Members). Spirit Group Ltd, 107 Station Street, Burton on Trent, Staffordshire. Stanley H Cross & Co Solicitors, 10 Ashfield Road, Chorley. Temple Heelis Solicitors, Plane Tree House, Ambleside, Ambleside. The Association of Licensed Multiple Retailers, Third Floor, International House, Ealing. Thomson Wilson Pattinson Solicitors, 114-116 Stricklandgate, Kendal. Thomson Wilson Pattinson Solicitors, Stonecliffe, Lake Road, Windermere. United Co-op, Finance Department, Co-operative House, Civic centre, Wythenshawe. Watson Burton, 20 Collingwood Street, Newcastle-upon-Tyne. Waugh & Musgrave Solicitors, PO Box 1, 1 Main Street, . Berwin, Leighton Paisner, Bouverie House, 154 Fleet Street, London. Mr R Hayward, British Beer & Pub Association, Market Towers, London. Mr J McNamara, British Institute of Innkeeping, Wessex House, 80 Park St, Camberley. British Transport Police, Citadel Station, Rosehill, Carlisle. Mr M Smillie, Carlisle & District Primary Care Trust, Wavell Drive, The Courts, Carlisle. Mr B Walker, CCC Corporate Management, Legal Services Unit, St Andrews Churchyard, Penrith Mr P Musgrave, Community Safety Officer, Cumbria County Council, Penrith. Mr G Richardson, Cumbria Assoc of Local Councils, Penrith Library, Penrith. Cumbria Constabulary, Police Headquarters, Carleton Hall, Penrith. Cumbria Fire & Rescue Service, Fire Headquarters, Station Road, Cockermouth. Mrs P Shephard, Cumbria Food Liaison Group, Allerdale House, . Mrs E Brass, Cumbria Health & Safety Liaison Group, Council, Penrith. Cumbria Housing Group, Carlisle Housing Assoc, Botchergate, Carlisle. Mrs L Parkes, Cumbria Tourist Board, Ashleigh, Holly Road, Windermere. Mr M Ellam, Director of Facilities, NHS Trust, Springville House, Ashton Road, Lancaster. Director Education Services, Cumbria County Council. Gala Group, Newcastle House, Castle Boulevard, Nottingham. Hammonds Solicitors, Rutland House, 148 Edmund Street, Birmingham. Mr B Bennison, Head of Cultural Policy, Cultural Strategy Unit, Arroyo Block, The Castle, Carlisle. Health & Safety Executive, 2 Victoria Place, Carlisle. Ms S McCabe, Honeycombe Leisure, Derby House, Lytham Road, Fulwood, Preston. Joelson Wilsons Solicitors, 30 Portland Place, London.

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Ladbrokes Betting & Gaming Ltd, Imperial House, London. Leisure Link, 3 The Maltings, Rayners Lane, Harrow. Mr A Davidson, Trust, Cumbria Infirmary, Carlisle. Ms J Payne, North Cumbria PCT, West Cumbria PCT, Old Town Hall, Workington. Mr G Brooks, NSPCC, 7 Chatsworth Square, Carlisle. Poppleston Allen, 27 Stoney Street, The Lace Market, Nottingham. Ms J Goode, Scottish & Newcastle Retail, Lakeside House, The Lakes, Northampton. Showmans Guild, 8 Fitzroy Place, Glasgow. Showmans Guild of Great Britain, 11 St Mary’s Place, Bury. Mr D Clark, Corporation, The Park, Oaksey, Malmesbury, Wilts.

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Appendix 5: Application addresses

Original application and fees should be sent to the Licensing Team. Copies of applications should be sent to the undermentioned responsible authorities, clearly making the envelope ‘Licensing Act Application’. Licensing Section Public Protection South Lakeland District Council South Lakeland House Lowther Street Kendal Cumbria LA9 4UD Tel: 01539 733 333 Email: [email protected]

Development Management Group Manager Development Management Group South Lakeland District Council South Lakeland House Lowther Street Kendal Cumbria LA9 4UD Tel: 01539 733 333

Health and Safety Executive (HSE) 2 Victoria Place Carlisle CA1 1ER Tel: 01228 634 100

Chief Officer of Police Cumbria Constabulary Busher Walk Kendal Cumbria LA9 4RJ Tel: 01539 722 611

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Fire Safety Group Manager Cumbria Fire and Rescue Service B Division Kendal Office Busher Walk Kendal Cumbria LA9 4RH Tel: 01539 722 627

Senior Management Secretary Fire Safety Group Manager Cumbria Fire and Rescue Service B Division HQ Phoenix Road Barrow in Furness Cumbria LA14 2NS

Safeguarding and Review Social Services New Oxford Street Workington Cumbria CA14 2LW Tel: 01900 325 365

Cumbria Magistrates Court Service South Cumbria Magistrates Court Abbey Road Barrow in Furness Cumbria LA14 5QX

The Planning Officer Yorkshire Dales National Park Authority Yorebridge House Bainbridge Leyburn North Yorkshire Tel: 01969 650 456 Email: [email protected]

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Lake District National Park Authority Murley Moss Oxenholme Road Kendal Cumbria LA9 7RL Tel: 01539 724 555 Email: [email protected]

Cumbria Trading Standards South Lakeland House Lowther Street Kendal Cumbria LA9 4DQ Tel: 01539 713 594

Cumbria Magistrates Court Service Kendal Magistrates Court The Court House Burneside Road Kendal Cumbria LA9 4JJ Tel: 01539 790 501

Other useful addresses Arts Council England 14 Great Peter Street London SW1P 3NQ Tel 0845 300 6200 Email: [email protected] Web: www.artscouncil.org.uk

Disability Rights Commission DCR Helpline Freepost MID01264 Stratford Upon Avon CV37 9BR Tel: 08457 622 633 Web: www.drc-gb.org

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Association of Licensed Multiple Retailers 3rd Floor International House Ealing London W5 5DB Tel: 0208 579 2080 Email: [email protected]

Equity Guild House Upper Martins Lane London WC2H 9E Tel: 0207 379 6000 Email: [email protected] Web: www.equity.org.uk

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 Board of Film Classification 3 Soho Square London W1D 3HD Tel: 0207 4401 570 Email: [email protected] Web: www.bbfc.co.uk

British Institute of Innkeeping Wessex House 80 Park Street Camberley Surrey GU15 3PT Email: [email protected] Tel: 01276 687 449

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Page 110 Item No.11

South Lakeland District Council Council 23 March 2021 Climate Emergency and Localism

Portfolio: Cllr Dyan Jones

To lead on the Council’s policies around Climate change and sustainable growth, develop a policy on bio-diversity, raise community awareness and work collaboratively on policy objectives. To take the lead on Strategic Waste Management/Recycling and relevant Council Plan measures under the environment objectives. To drive our Localism agenda.

Policies, Plans and Strategies  Waste Management Strategy (environmental impacts)  Air Quality Strategy and action plan  Active Travel Strategy and action plan  Council Policy on Climate Change

Key Areas  Waste Management and Recycling Strategy  Community micro-energy schemes  Carbon/Greenhouse gas reduction  Green agenda – carbon reduction  Active Travel  Localism  Devolution  Water Quality  Bio-Diversity

Page 111 Waste Management and Recycling Strategy

The Climate Emergency and Localism and Customer and Commercial Services Portfolios together support the Waste Management and Street Scene department within this authority.

A communications plan was developed to promote recycling and waste minimisation, supporting our green initiative. This included content in the recent edition of South Lakeland News and various posts on social media platforms. Future on-going communications are scheduled with regard to food waste and regular recycle and reuse messages.

Council has been and will continue to work with partners to investigate useful ways to reduce its carbon emissions and will continue to look at all areas of policy and delivery; as part of the Council’s action plan designed to tackle climate change.

Clean Air posters have been installed on litter bins across the district to encourage drivers to turn off their engines when in stationary traffic.

The Council took part in a new campaign led by the Westmorland Gazette and Mail called the ‘Green Mission’ across both titles, in print, on the websites and on social media, promoting environmental, and climate change and sustainability issues. The Council contributed content and shared ideas on key issues as part of our Climate Change Action Plan commitment to highlight local actions, tackling biodiversity loss and the themes of reducing our carbon footprint with information around what practical steps we can take together.

In January 2021 the Council launched a competition inviting school children to design inspirational new artwork for the bin wagons. The winning designs would be emblazoned onto several vehicles from SLDC’s fleet which visits 56,000 homes each week, travelling around 17,000 miles, as well as being displayed on posters across South Lakeland.

As reported in the Customer and Commercial Services Portfolio Holder report, during the first Lockdown the Council made sure that all available vehicles were on the road each day and loaned vehicles from other authorities to continue with the scheduled grey waste and recycling collections. With the increased number of people working from home the Council has seen a very significant increase in recycling tonnages collected.

Air Quality Strategy/ Action Plan and Carbon Reduction

The Council is continuing to offer low emission parking permits at a reduced rate for cleaner vehicles.

Council is required to report on air quality management to Defra every year. Since 2011 Council has reduced the number of air quality management areas that do not meet quality standards from 4 to 1. The Council is continuing to regularly monitor the remaining site at Lowther Street, Kendal and continues to undertake promotional activities to reduce idling and promotes cycle ways throughout the district, especially to schools. As outlined in the Climate Change Action Plan to tackle climate change the Council will be investigating further, ways to discourage vehicle idling.

The Council has now introduced a requirement for all developers in its Local Planning Authority area to submit the appropriate information as part of their planning application in order for the Council to assess the developments impact on air quality.

Page 112 Council is continuing to support the LEAP and Cold to Cosy schemes which provides advice and support with installation of low energy lightbulbs and other ways to help improve energy efficiency in vulnerable residents’ homes.

Community micro-energy schemes and Carbon/Greenhouse Gas Reduction

Council’s Climate Change Policy provides focus on how South Lakeland District Council can lead and encourage others to take action around climate change.

The policy recognises the significance of climate change whilst identifying economic and other opportunities offered by addressing and adapting to meet the challenges ahead. Council acknowledges the importance of climate change both in how we manage ourselves as an organisation and how we work with partners at a local, regional and national level, ensuring sustainable growth is a priority.

We have been measuring our GHG emissions in detail since 2010 and SLDC organisational carbon emissions have seen a 50% decrease falling from 5259 tonnes in 2010 to 2611 tonnes in 2018/19.

This drop has come partly from increased efficiency throughout our estate, but also it must be noted that for electricity the carbon factor used has reduced by nearly 40% in the UK due to an increase in renewable energy in the energy mix of electricity UK wide. Additionally the council has sold some properties so the size of the council’s estate has reduced. Therefore, while the council has made significant progress on reducing emissions through mitigation actions, the greening of the national grid and organisational changes have also had significant impacts.

Solar Panels have been installed on South Lakeland House, Mintworks and Town View Fields Hostel and Ferry Nab.

Green Agenda – Activity

The Council has partnered with Cumbria Action for Sustainability (CAfS) to provide support for communities across the district exploring and introducing renewable energy schemes and other projects and topics. The Council has continued to provide funding support throughout 2020/21 to enable CAfS to continue to undertake a comprehensive programme of low carbon initiatives targeted at communities across South Lakeland. This support included funding a zero carbon project in Ambleside, approval of the installation of solar panels on council buildings and the Council has approached parish councils to identify available land for enhanced tree planting.

The Council approved an amendment to the original Climate Change Policy that was adopted in February 2019 to commit the Council to work towards achieving carbon neutrality in 2030 and to support a district wide target of carbon neutrality by 2037.

The Climate Change Community Fund, initially made up of £20,000 invited communities to apply for matched grant funding to support carbon reduction projects. Applicants were open from August until the end of September 2020, and there were 10 successful projects ranging from action planning generated by a Citizen’s Jury, to bike ability courses, help with energy efficiency measures and peat bog restoration.

With support from the Cumbria Leaders Board and Cumbria Chief Executives Group a Climate Change Sub Group was established. Led by Cumbria County Council and Lake District National Park Authority - the aim of the Climate Change ‘Sub Group’ is to identify mitigating actions which can be introduced across the county to reduce risks and impacts of

Page 113 climate change. Delegates from Cumbria authorities support this group and the introduction and implementation of the Climate Change Strategy.

SLDC are part of the Zero Carbon Cumbria Partnership of 70 organisations across Cumbria who are committed to lowering carbon emissions in Cumbria. This partnership commissioned Small World Consultancy to write a report on Cumbria’s baseline carbon emissions and a suggested target of 2037 for net zero emissions. SLDC were the first authority to ratify that date. Cumbria Action for Sustainability have successfully bid for National Lottery Funding of £2.5million to help support the Zero Carbon Cumbria Partnership.

The project to install of EV Charging Points across the District continues to progress. Its delivery has been impacted by Covid-19. A total of 14 SLDC managed sites were reviewed of which 6 currently meet all criteria for project. The next steps will be review and seek Cabinet approval to procure equipment, a contractor and install the charge points.

The Climate Change Action Plan can be viewed by clicking here.

Green Agenda – Active Travel

The Active Travel Group has been engaging with key partners to introduce additional cycle routes and safer routes to school. SLDC website now also includes cycling maps for routes across the district (Click here). Encouraging cycling is very important in any future reduction of carbon emissions.

It was recognised that during the Coronavirus lockdowns, the number of vehicles on the roads reduced and more people were cycling. Therefore we have been working in partnership with Cumbria County Council to introduce more cycle lanes and routes where feasible and will work collaboratively to identify any future funding opportunities.

Council will continue to actively monitor and trial new technologies where appropriate, feasible and realistic, in a timely manner

Localism

During 2020 Cabinet Members held successful meetings with a number of town and parish councils to discuss the benefits of localism and listen to their views. The Council was then able to establish a comprehensive list of community development opportunities to inform SLDC where support mechanisms could be put in place.

Throughout the pandemic, Council has been in regular contact with Town and Parish Council virtually to understand the challenges communities have been facing during this time and share guidance and support.

Town and Parish Councils have also been involved in the consultation surrounding The Bay proposal for submission towards Local Government Reorganisation. All Town and Parish Councils have now been encouraged to take part in the consultation event launched by Government.

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Devolution

The Leader of the Council has been leading and engaging in discussions with district and county authorities surrounding options for Local Government Reorganisation. An update can be found within the Promoting South Lakeland Report.

Water Quality

The Council undertakes a statutory function to carry out private water tests at various locations across the district to ensure the safety of communities, implemented by the Private Water Supplies Regulations 2016. Council has been continuing to undertake risk assessments and monitoring across all private water supplies in accordance with Covid-19 regulations and safety precautions. Where required, the Council continues to investigate any failure to meet standards and takes necessary enforcement action, always ensuring communities are protected.

Bio-Diversity

The Council has continued to raise the importance of biodiversity across the district whilst supporting mitigating climate change actions. Representatives from Cabinet met with the Lake District National Park authority to discuss how to increase biodiversity across the district through partnership working.

The Biodiversity Policy recognises the Councils commitment to protecting and enhancing local biodiversity, setting out a number actions as to how it will be achieved. The policy recognised the importance of plant and insect species and works with contractors to implement different forms of management for open spaces and areas of traditional parks, supporting and enhancing biodiversity. Principles behind the policy:  To reduce the carbon emissions created by regular grass cuttings, from decomposition (both those collected and those left on-site) and emissions from vehicles and machinery.  To increase the diversity of plant species found in green spaces, benefitting local wildlife and the wider environment to diversify local landscape value.

The full policy can be accessed by clicking here.

The Council Plan 2021 reinforces the Councils commitments on key priorities to reduce inequalities, deliver sustainable economic growth and respond to the very clear and dramatic threat posed by climate change and biodiversity loss.

Now the culvert work at Town View Fields is completed, the field’s biodiversity will be further enriched by the planting of a wildflower meadow and a small damson orchard to help attract pollinators such as bees and butterflies.

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Page 116 South Lakeland District Council Council 23 March 2021 Customer, Commercial Services and People Portfolio

Portfolio: Cllr Phillip Dixon

To work with all Members, the community and organisations in developing and implementing locality working, case management, and specialist services as part of the Council’s Customer connect programme. Delivery of the Council Plan objectives in relation to quality of service and high performance culture. The organisation of the Authority relating to the Council’s central services, including Employee relations. Providing and maintaining parks infrastructure.

Polices, plans and strategies  Parks and Open Spaces Strategy  Customer Charter and Contact Strategy  Member Development and Training Plan  Workforce Plan (to be reviewed under customer connect programme)

Key Areas  Customer services (operational)  Car Parking (operations)  Waste Management (operations and service optimisation)  Street scene  Member Services  Member Training and Development  Legal and Committee Services and HR Services  Leisure, Public Realm, (Parks and Open Spaces (Including cemeteries, trees, woodland and playground improvement)  Corporate Health and Safety

Page 117 Customer services (operational)

The transformation programme, Customer Connect, is delivering better access to services for customers, 24 hours a day, seven days a week and is creating more opportunities to self- serve through improved digital options.

Phase 2 of the Customer Connect transition was delayed due to Covid-19 however the transition has now recommenced. The enhanced delivery of new capabilities within the authority will improve the service and experience delivered to customers and staff.

Over 600 core service processes were identified across the organisation and a significant number of minor processes. The work of the service redesign has been continuing to focus on the areas where there is the biggest opportunity to improve, by prioritising the core processes based on customer impact, volume and customer efficiency. The areas with the biggest opportunities were identified as the main focus for the redesign process. This task is ongoing with digital forms available online and the ability to set up customer accounts.

The organisation is utilizing the digital platform to build online forms that allow customer to self-serve online and provide the organisation with greater efficiencies in the back office. There are now 24 online forms covering a number of services, including Street Scene, Locality and Case Management. These forms allow the customer to access services online 24/7. The Digital Development Team has also developed 12 COVID application forms to support the various business grant schemes and test and trace application, as well as a number of internal forms which allow for work requests to flow through the organisation more efficiently. Since the enablement of the new forms and My Account in May 2020 there has been an increase in the number of online transactions. In 2020 (May to December) there were over 8,000 transactions and during January and February 2021 there has been 2,500 transactions recorded.

As of March 2021 a total of 2972 customers had created an Account.

• 1,563 were created in 2020. • 1,409 have been created since the 1st January 2021

This heavy uptake has been reached without any significant external promotion of the account. Integration of the account with grant forms and the revenue and benefits system has seen sign up increase in recent months, as have the number of online transactions - residents interacting with us digitally without having an account.

The Council will be undertaking a Communcations Plan alongside the annual billing process to promte customers to set up an account. The communications will also support a competition to win an iPad.

Website accessibility

The Councils website is highly rated by organisations that measure and benchmark the accessibility of our site. Particularly during Covid-19 the Council has been regularly updating its website to encourage Customers to access more information online.

During February 2021 the website had 131,252 page views and 35.8 thousand users. The most viewed web pages included:

 Bin collection calendar and bins and recycling content MySouthlakeland  Planning – search for a planning application

Page 118  Business support grants  MySouthlakeland, Pay and Apply  Pay  Council tax and housing benefit  Apply

58% of customer are using mobile devices/ tablets to access the website, however searches via search engines continues to the most popular route.

Moving forward the Council will be increasing the powered by google search to help direct customers to the appropriate platforms for their enquiries.

Car parking (operations)

Working collaboratively with the Economy, Culture and Leisure Portfolio the Council is seeking ways to increase car parking capacity within the areas of highest demand and respond to the challenges brought to us by Covid-19.

Following the reintroduction of charging in SLDC operated car parks, safety measures have been installed to slow the spread of the virus through social distancing, contactless card payments or pay by phone. The Council is encouraging a movement towards contactless, cash free payments across its car parks.

The Council is offering free car parking to those receiving a Covid vaccination at the Westmorland Shopping Centre. The Council is also providing free parking permits for all NHS staff working within the vaccination centre and has extended the opening hours of the car park.

Waste Management (operations and service optimisation) and Street scene

The Customer and Commercial Services and Climate Emergency and Localism portfolios have been working in partnership to support the waste management and street scene functions. Throughout the year there has been numerous social media messages to promote recycling and waste minimisation during recent months, supporting the Councils green initiative.

The street cleansing service trialled 2 electric vehicles, however in both cases the daily operational mileage exceeded the range of the vehicle. The service is continuing to monitor new vehicle technologies, particularly with regard to alternative fuels. Drivers are encouraged to turn off their engines when in stalled traffic.

Green Waste collections were partially reinstated from March 2021 with a monthly collection due to ongoing staffing pressures caused by Covid.

During the first Lockdown the Council made sure that all available vehicles were on the road each day and loaned vehicles from other authorities to continue with the scheduled grey waste and recycling collections. With the increased number of people working from home the Council has seen a very significant increase in recycling tonnages collected.

Page 119 Member Services and Member Training and Development

The 2019/20 training plan had offered a variety of training opportunities available for members. Examples of this training available include:

 Social Media and Web skills  Digital Skills Workshop  Introduction to Your Ward  Committee Inductions  GDPR, FOI and Data Management  Chairing Committee Skills  Submitting Member Expenses Online  Carbon Literacy Training

Feedback on the training provided had been extremely positive. Member Services are continuing to encourage members to receive committee papers electronically through the use of corporate IT kit. Corporate kit allows members to access council used systems such as Skype for Business, Mod Gov and SharePoint which support the Customer Connect Programme and GDPR regulations. We have seen an increase in usage of corporate kit during the pandemic. Non-essential training for members was postponed due to Coronavirus, however several virtual briefing session have been undertaken focusing on Local Government Reorganisation, Understanding My Role and Responsibilities as a Corporate Parent, United Utilities Haweswater Aqueduct Resilience Programme, Covid-19 briefings and Local Government Reorganisation.

The Coronavirus pandemic has explored the Councils capabilities to use technology to conduct meetings and keep connected. All Councillors have been given access to new equipment and training on Microsoft Teams. This new virtual platform has allowed members to take part in virtual meetings internally and externally.

Legal and Committee Services and HR Services

Legal Services have been working effectively to reduce debts and take the appropriate action. Encroachment debts have been reduced by 25% since October 2019. Work continues to prioritise the completion of S106 agreements.

Workloads on contracts, grants and funding agreements have significantly increased together with property related work. Complex criminal, civil litigation and continued work of licensing is also being carried out.

The team has also provided ongoing support for the work required on Local Government Reform organising additional meetings and providing legal advice.

The team have established and implemented the Councils Virtual Meetings supporting effective decision making. The team have processed numerous emergency decisions both executive and non-executive.

Introducing new ways of working to ensure the Council has been in a position to respond quickly and effectively to Government policy, funding allocation and distribution. The team have advised at numerous committee and council meetings. Training Councillors and providing advice and guidance on the use of Microsoft Teams.

Page 120 Work has commenced on revising the Councils constitution and the team are also considering the Local Government Associations recently issued Model Code of Conduct for members.

The HR team has continued to be heavily involved in supporting the organisation and its employees through an incredibly challenging period, Wellbeing has been a major focus with a wide range of activities delivered including;  The figures for 2020 are showing a significant improvement on sickness absence figures in comparison to the previous year  Launched a Mental Wellbeing at Work policy  Extensive use of our Employee Assistance Programme including counselling support and the new Healthy app has now been launched  Introduction of Family friendly policies including Smart working, Flexible working, Flexi-Time and Special Leave  Extensive use of Occupational Health to support those in work as well as those on sickness leave  Stress and COVID risk assessments  Ongoing HR professional support  Regular ‘coffee mornings’ with Team Leaders to provide, support, advice and directions to them and their teams and for them to share best practice  The COVID site on sharepoint #together we can, desk based exercises, homeworking wellbeing etc.  The new team talk sessions  Conducted Staff wellbeing survey’s  Resilience workshops

Virtual training activities have resumed with the following being delivered:

 Customer service training – ‘Connecting with our Customers’ – delivered to more than 200 people this year via face-to-face and virtual means  Personal resilience training piloted for 20 people, with more planned in near future  Team Leader bite size training sessions with HR have commenced. Four out of five subjects delivered  New starter meet and greet sessions with Chief Exec and Directors  Staff drop-in sessions with Leadership Team  Further leadership training planned with Leadership Team, supported by development work with Council Members  Launch of an extensive catalogue of E-learning courses

Throughout the pandemic the Council has conducted the recruitment process via virtual interviews.

Page 121 Leisure, Public Realm, (Parks and Open Spaces (Including cemeteries, trees, woodland and playground improvement)

The Parks and Open Spaces Strategy has identified the importance of good quality green spaces throughout the district. The strategy has been designed to provide clear direction for the management of council owned parks and open spaces over ten years. The strategy reviews the day to day maintenance and identifying improvements to parks and open spaces through working in partnership with communities, local businesses and partners. The strategy has incorporated a variety of different spaces including parks, sports fields, trees and woodlands and cemeteries.

Rayrigg Meadow Playground on the shores of Lake Windermere was accredited with a Bronze award for its commitment to inclusivity. The playground met the minimum requirements of good accessibility throughout the play space, provision for at least three senses to be accessed from a seating or standing position and an opportunity for all children to use their ‘whole bodies’ in dynamic play through sliding, climbing, spinning or swinging. As the playground enhances progresses it is hope that a silver award will be achieved.

Playgrounds have been opened at Millerground Bowness, Yew Tree Playing Fields, Grange Over Sands and Maryfell, Sedbergh. All the works undertaken at each park were completed by working in collaboration with community groups and have been designed to be inclusive and provide capital investment for 20 years.

Following a £125,000 investment and funding raised with the Friends of Abbot Hall Playground, the Abbot Hall playground in Kendal was revamped. A new play area was also opened at Castlefield and Greenbank in Ambleside where the Resident Association had helped to raise £85,000.

The Council worked with Grasmere Village Society to open the new playground at Broadgate Meadow in Grasmere. The playground is receiving great reviews and extra picnic benches are on order to finish this project.

The playground at Lightburn Park in Ulverston was also opened. The Friends of Lightburn Park worked alongside SLDC and the Town Council to raise £120,000 to replace the existing playground. The play area has a new footprint to allow park users to walk around the park without going through the play area. The new site offers a great variety of challenging equipment for all ages and abilities. Due to the close proximity of Sandside School, Locality staff consulted with the staff and head teacher for advice on the most appropriate equipment to make this playground inclusive.

The plans for the redevelopment at Queens Park in Windermere are continuing to progress and the project has now been split into two phases. The Community Group Windermere Park for All have been successful in securing a £25,000 grant from British Cycling to improve the pump track.

SLDC had been working with the residents at Hayclose Crescent in Kendal to add some play facilities to this awkward play space. Goals, astro turf kick-about area, extra play equipment, new fencing and a secure gate have now been installed.

Following the first lockdown the Council reopened all Council owned play areas in July 2020 in accordance with Government guidance. Playgrounds have remained open throughout further lockdowns however precautions were put in place to protect communities.

The project at Town View Fields has demonstrated a strong relationship with multiple agencies with the Natural Flood management scheme. Working with the support of the

Page 122 Friends of Nobles Rest, The Environment Agency, The South Cumbria Rivers Trust and Cumbria County Council to create a scheme to slow the flow of floodwater during heavy rain. Funding has come from SLDC and the EA’s DEFRA fund.

The project has opened up the Culvert to create a meandering stream running into a small wetland area before re-joining the culvert downstream. Two leaky timber dam structures will store and slowly release the water. As well as naturally slowing the flow of storm water, the newly created “bog garden” will hopefully attract a richer variety of wildlife to Town View Field, such as dragonflies, voles, frogs and toads. Now the culvert work is completed, the field’s biodiversity will be further enriched by the planting of a wildflower meadow and a small damson orchard to help attract pollinators such as bees and butterflies.

The Parish tree planting letter sent out in 2019 identified locations to plant 55 trees on SLDC owned land, 8 trees on LDNPA owned land and 9 trees on private land adjacent to publically accessible areas. In total the Parish Tree Planting Letter has identified 173 tree planting locations. The scheme in Ford Park in Ulverston will create a new Arboretum and community orchard when 65 trees are planted.

Corporate Health and Safety

Throughout 2020/21 the Council has been using the Health and Safety Strategic Improvement Plan to ensure that the health, safety and wellbeing of staff is continuously improved. This plan is regularly reviewed at the Councils Internal Health, Safety and Wellbeing Board which meet on a quarterly basis. Each quarter a safety summary is presented to the committee to outline the accident data, what is affecting the Council, what the Council is doing well and methods to improve.

A review of the Councils Safety Management System has been completed. Usage showed that the reporting platform Safety Cloud was not well used due to the difficulty navigating the system. Following a review a new and improved, simplified system has been rolled out across the authority. The system has now been broken down into new areas containing appropriate sub sections in line with team requirements which would support monthly checklists. This review of the system has been well received and encouraged usage.

A review of generic policies and risk assessments had taken place to reduce the high level of duplication. Generic risk assessments relating to South Lakeland House are now available under a single sub section of the system. Areas of specialism assessments such as Town Fields Hostel and Street scene are now also available in specific service area policies.

At Town View Fields new working arrangements and rota have been introduced as well as violence and aggression training to better support staff.

During the Coronavirus Lockdowns the Council had installed protective and preventative measures to reopen its assets which protect both staff and communities. Measures included markings to adhere to social distancing, protective screens, sanitising facilities and staff continuing to work from home where possible. The offices at South Lakeland House remained open for employees unable to work from home, with the appropriate safety precautions installed.

The Health, Safety and Wellbeing of SLDC employees is key and all employees working within the community have been provided with the appropriate PPE and guidance to slow the spread of the virus i.e. Collection Crews, Locality Officers and Cash Collectors.

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Page 124 South Lakeland District Council Council 23 March 2021 Economy, Culture and Leisure Portfolio

Portfolio: Cllr Robin Ashcroft

The Council Plan objectives as they relate to the Portfolio area of work, and cross-cutting work developed through the Local Plan and Economic Development Strategy, promoting Culture leisure activities and the arts and developing strategy for cultural assets.

Working in partnership to ensure a thriving and prosperous District within the context of the wider sub- region, through effective economic development, regeneration and transport strategies.

Working in partnership to ensure thriving and prosperous town centres throughout the District.

Providing public realm infrastructure to promote the local economy.

Promoting small businesses in both towns and rural areas

The Council plan objectives in relation to promoting culture, leisure activities and the arts.

To work with our cultural organisations to attract investment and to promote South Lakeland as a premier area for Arts and Events.

Policies, Plans and Strategies

• Morecambe Bay Prosperity and Resilience Strategy • Economic Development Strategy • Arts and Events • Grants Strategy • Licensing and Statement of Gambling Policies

Key Areas:

 Economic Inward Investment  Business Support and Sector Development  Visitor Economy  Town Centre Planning, Car Parks and Transportation Strategies  Markets  Arts and Culture  Grants  Public Halls  Use of community assets for the promotion of arts and culture  Heritage and Events

Page 125  Heritage Listed Buildings and built environment  Voluntary Sector Engagement in relation to Culture and Leisure  Leisure and Recreation  Licensing and Gambling  Cross Authority Economic initiatives

Covid Recovery Response

Grants

The Council has administered a number of emergency grant schemes for businesses in response to the Covid-19 pandemic. This has helped businesses and individuals of all sizes and sectors, safeguarding businesses and jobs throughout the district. SLDC has been administering a variety of grants available for businesses across South Lakeland through online application forms.

It was agreed that the Councils strategic cultural partners demonstrate a high importance to the district’s cultural offer and have been particularly adversely affected by the Covid-19 restrictions. Their support was invaluable and therefore they have continued to receive a grant payment for the previous financial year.

Business Support

The Council has provided essential services over this period, with specialist teams on hand to assist South Lakeland businesses. SLDC has worked with partners to provide business support, making a significant financial contribution to delivering free support to start-ups and existing businesses in partnership with Cumbria Chamber of Commerce.

The Council has been working closely with Cumbria Tourism, as the Destination Management Organisation for the area, to deliver key elements of the visitor economy recovery plan, as well as helping to shape the wider recovery plans for the area being co-ordinated by Cumbria LEP.

It is acknowledged that South Lakelands economy is heavily reliant on the Visitor Economy which has been drastically impacted following the Coronavirus pandemic. The Council has been working closely with businesses to support them in introducing measures that protect themselves and the public from the spread of Coronavirus, but allows them to reopen and encourage visitors to visit South Lakeland safely and respectfully.

In response to the pandemic, the Portfolio Holder for Economy, Culture and Leisure established an Economic Renewal Strategy Group for South Lakeland which has representation from MPs, major employers and partners from around the district. This group allows the Council to better understand the challenges being faced.

Economic Inward Investment

Despite the ongoing challenges presented by Covid-19, SLDC has continued to play a crucial role in contributing and attracting millions of pounds worth of inward investment into the district, including:

 Cross-a-moor roundabout – Contributions to the estimated £9.4m scheme include amounts from SLDC and Cumbria County Council, with £3m secured from Highways England Growth Housing Fund, £925k from CLEP through Growth Deal funding and £2.4m from CLEP through Cumbria Infrastructure Fund.

Page 126  Grange Lido and promenade – £2.2m towards Lido restoration, funded by SLDC. £2.35m was secured from the Coastal Communities Fund for a joint Morecambe Bay Partnership/SLDC Bay-wide programme, of which £1m is earmarked for the prom and connectivity with the lido.  Kendal Flood Risk Management Scheme – Estimated construction cost for the three phases is £72m. The first element in Kendal will cost around £18m, with £13m secured from the EA and £5m of ERDF funding.  South Lakeland House renovations – £2.9m overall cost which is majority SLDC funded with £440k LEP grant to fund the creation of additional business space.  Grizebeck Bypass – In October 2020 the Department for Transport confirmed £12.7m delivery funding for the A595 Grizebeck Improvement. Together with a contribution of £2.2m from Cumbria LEP, work from Cumbria County Council can now continue to deliver the improvement.  Borderlands Place Programme – South Lakeland has put forward Ulverston as its chosen location for possible investment through the Borderlands Place Programme. An outline economic case has been submitted in partnership with Cumbria County Council for consideration by the Borderlands Board which, if successful, could release up to £3m of funding for Ulverston.  GSK Masterplan – A masterplan has been commissioned by SLDC to guide the future development of the GSK site in Ulverston following the company’s decision to reduce its operations on the site. This seeks to establish a prosperous future for the site with the intention to attract life sciences investment and high value employment.  Ulvertson BID – Following a successful ballot held in October 2020, Ulverston BID will now be renewed for another five year term, starting in April 2021. This will see greater private investment made available for Ulverston town centre initiatives in the coming years.

Town Centre Planning, Car Parks and Transportation Strategies

The Council published its Kendal Town Centre Strategy which sets out a long-term strategic approach to ensuring Kendal remains an attractive place to live, work and visit. This has helped to inform the Councils plan, policies and priorities and used to help secure future investment. The Strategy was launched jointly with the Kendal Vision, led by public/private sector partnership Kendal Futures, and a partnership approach is being taken to deliver on their aspirations to create a more sustainable and vibrant Kendal, however this has been impacted by Covid-19.

The Council has undertaken a car parking study of Kendal to understand where publicly available visitors, shoppers, workers and public transport car parking is under stress. The study identifies how those stresses are likely to change over time, how council car parks and other publicly owned car parks and on street car parking can be most effectively managed to maximise town centre viability and visitor spend; and to quantify the need for additional parking spaces in the context of effective parking and traffic management. Some actions have already been taken to address some of the points in the report such as:

• Acquisition of Dowker Lane Car Park • Review of all parking signage in the Town Centre to improve visitor experience. • Investigation into the feasibility of installing electric vehicle charging points. • Kendal College has reviewed its charging Policy to offer parking all day for £2 from 1st April 2020. This will open up parking opportunities for the Town during College holidays.

Page 127 Following the announcement of the Roadmap from Government SLDC is working closely with partners and local businesses to ensure they can reopen safety to the public in accordance with the Governments ‘Covid Secure’ guidance across principal areas within South Lakeland.

Markets

In 2019 it was agreed at Cabinet to explore the potential for an innovative and experienced operator to manage Kendal’s indoor and outdoor markets as part of a two stage procurement process. As part of Stage 1 the Council investigated what interest there was in the private sector to take on the running of Kendal markets, whether that be running the markets as one or as two separate markets, understanding the financial implications this would have on our revenue budget, understanding the economic benefits that a new operator could bring to the town and investigating what social value could be added through a different operating model for the markets.

In light of Coronavirus it was felt it was best to re-tender the Markets through a two staged approach. However due to the ongoing impact of the Coronavirus pandemic, it had been difficult to reach an agreement with the bidders.

It has been agreed that the procurement to outsource the market be abandoned and that the Council would continue to run the service in house with the proposal of the soft facilities management company already in place at the Westmorland Shopping Centre being employed to run the market. A Market Lead Officer proposed will be solely responsible for economic development aspects of the market and would provide entrepreneurial skills that will be important to the success of the market.

Arts and Culture

Unfortunately many events were unable to take place throughout 2020 due to the Coronavirus pandemic, however some events went virtual including the Lakes International Comic Arts Festival and Kendal Mountain Festival which supported the districts economy and helped stop the spread of Coronavirus.

Work is still underway to use the existing LSCER partnership to bring together key stakeholders to work and innovate to realise the vision for Morecambe Bay, a significant change in how things have been done by piloting a model connecting the three localities’ distinct and different cultural assets to boost future creativity, investment, innovation, jobs and prosperity. The cross sector membership of the Cultural Compact will bring together Local Authorities, Local Enterprise Partnerships, Universities, Colleges, Businesses and Cultural and Creative Organisations.

The Council has been one of the supportive partners in major capital infrastructure developments of the Wordsworth Trust ‘Reimagining Wordsworth, and the ‘Our Digital Future’ initiative at the Brewery Arts Centre.

The Council is continuing to work with its creative partners, Craven District Council, Lake District and Yorkshire Dales National Parks on the ‘Great Place Lakes and Dales’ initiative delivering the remaining programme and action plan to promote the development of sustainable, resilient and creative communities which will in turn retain and attract younger people to South Lakeland and Craven districts to influence, support and create our future economy.

Page 128 Public Halls and use of community assets for the promotion of arts and culture

Prior to the Coronavirus outbreak the Council had been supporting cultural and local events for communities through the use of public halls.

All Council owned properties were closed during the national lockdowns and events that were due to the take place were cancelled in accordance with Government guidance. All public spaces within the Council owned buildings had social distancing measures and sanitation points installed.

The refurbishment works to Kendal Town Hall and South Lakeland House are ongoing. The contractors are aware of the social distancing and sanitation requirements and are working in line with Government guidelines. The refurbishments will alter the access and usage of the Town Hall and South Lakeland House for visitors and employees, as well as providing flexible business space.

Heritage, Events and Heritage Listed Buildings and built environment

The Burton-in-Kendal Partnership Scheme in Conservation Areas (PSiCA) is a three year programme, jointly funded by the District Council and Burton-in-KendaI Parish Council, with matching funding from Historic England. The opportunity to develop a PSiCA arose when Historic England added the Burton in Kendal Conservation Area to its national ‘Heritage at Risk’ register. The aim of the PSiCA scheme is to see the Conservation Area removed from the register following a 3 to 4 year programme of public realm improvements, grant-aided repairs to historic buildings and wider management and planning guidance.

It is proposed to progress consultation and adoption of the above Conservation Area Management Plans and Village Design Statement as Supplementary Planning Documents when Conservation Specialist advice is available to the Council.

Leisure and Recreation

A feasibility study for Ulverston leisure Centre is ongoing and the Council is continuing to liaise with user groups and GSK regarding future proposals. Upon completion of the feasibility study a formal consultation period will be held with user groups and the Town Council and once this has been concluded a report will be considered at Cabinet to formally agree the facilities mix.

Kendal Leisure Centre hosted a temporary recovery centre and a drive thru testing facility during the Coronavirus pandemic.

In light of the Covid-19 pressures the Council has been asked to consider a financial contribution to GLL to support them from April 2020 to the end of November 2020 up to a maximum £246,274 (in addition to the Management Fee). The Council is also being asked to receive monies from the National Leisure Recovery Fund to a value £174,237 and to make payment of this money to GLL for support from 1st December to 31st March 2021.

Licensing and Gambling

Virtual Licensing Committee meetings have been held throughout the Coronavirus pandemic to ensure the responsibility for licensing functions in respect of the Licensing Act 2003.

Cross Authority Economic initiatives

SLDC has been continuing to work in partnership with Lancaster City Council and Barrow Borough Council to increase the economic prosperity of the Lancaster and South Cumbria

Page 129 region. The three councils are working closely to develop a more sustainable economy and jointly promote the area as a place to live, study and build a career. There remain ambitious plans to seek national investment for various strategically important projects to support economic vibrancy around Morecambe Bay.

During the Covid pandemic work has continued to refine and focus proposals for a growth deal type programme to attract significant public investment to transformational growth projects and importantly drive Coronavirus resilience to the region’s economy. A Morecambe Bay Prosperity & Resilience Strategy has been produced identifying key priorities and opportunities for the area. There is also collaborative working on another Cross-Bay initiative known as the Cultural Compact, with the area being selected as one of only two “rural” areas in the UK by Arts Council England for an innovative new approach to releasing untapped economic potential through investment in culture.

Page 130 South Lakeland District Council Council 23 March 2021 Finance and Resources Portfolio

Portfolio: Cllr Andrew Jarvis

The development of strategic policy to ensure that the Council has put in place proper arrangements to secure economy, efficiency and effectiveness in its use of resources, i.e. Value for Money. To ensure that the Council has proper arrangements in place for securing financial resilience and the management of the Council’s resources. Policies, Plans and Strategies  Medium Term Financial Strategy  Budget Framework  Procurement Strategy  Discretionary Benefit and Rate Relief Policies  Council Tax Reduction Scheme  Asset Management Strategy  Commercial Strategy Key Areas  Strategic Finance  Budget monitoring  Treasury Management  Capital Programme  Value for money  Procurement  Savings programme  Payments and Sundry Debtors  Insurance and risk management  Benefits Administration  Council Tax Collection  Resource Management

Page 131 Strategic Finance

External auditors reviewed the Councils Statement of Accounts and provided an unqualified opinion on the Council’s financial statements on 2 December 2020 following changes to the statutory deadlines due to Covid-19. The External Auditors were satisfied that the Council had proper arrangements in place to ensure economy, efficiency and effectiveness in its use of resources during the year ended 31 March 2020. Particular risks identified by the external auditor included the implications of Covid-19, improper recognition of revenue from fees and charges, valuation of land and buildings and valuation of pensions. The auditor reported that “the Council presented us with draft financial statements in accordance with the national deadline, and provided a good set of working papers to support them. The finance team responded promptly and efficiently to our queries during the course of the audit.”

As reported in the Economy, Culture and Leisure Portfolio, due to Coronavirus SLDC has distributing a variety of business support grants across the District. It launched an online application process for businesses to submit an application which were validated in accordance with the guideline from Central Government.

Budgets and Budget monitoring

The five year budget for 2021/22 to 2025/26 was set at Council in February 2021. The Council is expected to deliver the priorities set out within the Council Plan therefore the five year budget ensures the Councils resources allow these priorities to be achieved.

The route to deliver a balanced 2021/22 budget was presented through the Budget Book at Council in February 2021. The report set out the actions required to enable the Council’s priorities to be delivered and was developed within the context of the Medium Term Financial Plan.

The Customer Connect programme has substantially reduced future budget deficits. However, the impact of COVID-19 has had a fundamental impact on the Council’s financial position. Although the Government have introduced a number of one-off grants to mitigate the impact of COVID-19 as part of the local government finance settlement announced in December 2020, these are insufficient to cover the full extent of the additional costs and income lost due to the pandemic. In the report presented to Cabinet in May 2020, it was estimated that the Council will face an additional deficit of around £2m relating to COVID-19 despite additional government support. Thanks to our strong reserves position we are able to bear this cost at present – and budgets were adjusted in June to reflect this cost. The Council have been subsequently updated on how costs are developing – these are currently looking slightly better due to car park income holding up during the summer, and additional government support. Consequently, we are currently expecting Covid to cost the Council around £1.5m this year – but with significant costs continuing into future years. This scale of deficit significantly reduces the level of the Council’s reserves, and consequently it is necessary to ensure that these are rebuilt over the following few years.

The Medium Term Financial Plan (MTFP), which includes the Council’s Financial Strategy, looks at projected income and expenditure over the next five years. The Council is currently facing considerable challenges in setting balanced budgets in the next few years – firstly due to the ongoing impact of the Covid-19 pandemic, and due to the uncertainty of the scale of the impact of Government’s changes to local authority financing which is now anticipated to hit the Council finances from April 2022. This could lead to loss of retained business rates of up to £2m pa. Options are being developed to balance future budget deficits.

Page 132 Treasury Management

The Treasury Management Framework strategy ensures that the Council have robust arrangements for potential future investing and borrowing where appropriate and affordable.

The strategy includes the Capital Strategy to clearly link a Council’s spending and financing plans for the medium/long term in line with the 2020/21 budget. Finance staff will apply the investment strategy when making decisions on where, and for how long, investments are placed.

Council in February 2021 approved the Treasury Management and Capital Strategies for April 2021 onwards. These strategies included new indicators to monitor the inpact of internal borrowing and approved a permanent increase in the limits of how much can be invested in individual Money Market Funds to reflect the higher levels of cash held by the Council as a result of early receipt of Covid-19 grants.

Capital Programme

The MTFP includes the Capital Strategy which sets out the sources of funding of capital expenditure, any restrictions on how that funding should be applied and the process for considering new bids for the capital programme. The Property and Land Management Strategy informed the long-term requirements and phasing for capital expenditure based on input from Lambert Smith Hampton (LSH).

The budgets agreed in February 2020, with subsequent amendments, outlined a capital programme with investments of over £23m this financial year. Although good progress is being made on a number of key projects including the South Lakeland House/Kendal Town Hall project, many other projects have been delayed by the pandemic. Consequently, by the end of Q3 £8.4m of spend had been made or committed. Subsequently the timing of all major projects has been reviewed, and Cabinet agreed the re-profiling of around £15m of spend in their November and February meetings.

Procurement and Value for Money

The Sustainable Procurement & Commissioning Strategy 2020/21 sets the framework for the Council to purchase goods, services, and works to deliver value for money and to meet the needs of local citizens linking to the draft commissioning framework. An updated Procurment Strategy is to be brought to the May Council.

The 2020/21 procurement schedule contains 109 procurement projects. Although good progress was made on many of these, others were unavoidably delayed due to Covid-19. Consequently, the schedule for 2021/22 is expanded covering 123 projects. This was approved by Council in February. Should a procurement process present as over budget then approval will sought in accordance with the Financial Procedure Rules.

Savings programme

The Council is heavily focused on achieving savings, primarily through efficiencies. During the budget and planning process there was an emphasis on ensuring resources are directed to priority areas in line with the Council Plan, with service efficiencies monitored and reviewed highlighting where further savings can be made. The introduction of a commissioning framework and a Commercial Strategy helps balance service demand and income generation.

Page 133 The Customer Connect programme had delivered savings of £740k in 2019/20 and then on- going revenue savings, initially of £1.55m per year. There are also likely to be indirect savings as a result of new ways of working which have not yet been identified.

Insurance and risk management

The Council has a Strategic Risk Register, which is reviewed by Audit Committee, and describes how the Council identifies and manages operational and strategic level risks both above and below the line of risk tolerance. The Portfolio Holder with responsibility for risk management and the Chief Executive jointly have overall responsibility for risk management throughout the Council.

Corporate Management Team reviews the risks along with corporate plan performance on a quarterly basis which are included in quarterly performance reports to Overview and Scrutiny Committee and Cabinet.

Where appropriate the Council arranges insurance to mitigate the financial impact of risks. The insurance cover and administration are set out in the Finance Procedure Rules within the Constitution.

Benefits Administration

There has been a significant increase in workload throughout thefinancial year, mainly as a result of Covid 19 consequences for both individuals and families within the district. The overall workload during the 20/21 financial year to date has increased by 38% compared with the same period in 2019/2020 Despite significant increase in activity, the Benefits Team have dealt with 1509 new claims and 43,189 changes of circumstances, continuing to maintain a high level of administration in new claims and changes in circumstances for both housing benefit and council tax reduction being processed within the target times contained in previous service plans, in addition to providing support with the Test and Trace Self Isolation Payment Scheme. Additional temporary support continues to be in place to meet the increased demand and to ensure that residents receive the support that they require in a timely manner.

The whole district now falls under Universal Credit full service. As a result of this the Housing Benefit caseload continues to decreaseas all new working age claimants, with exemptions, are required to claim Universal Credit for the housing element, which replaces Housing Benefit). There are currently 2584 live Housing Benefit claims. The number of Council Tax Reduction claims have increased to 4904. 57% of Council Tax Reduction claims relate to working age claimants, and the remaining 43% % to Pensionable age claimants. The increased number of residents in receipt of Universal Credit over the last 12 months in South Lakeland is attributable to the overall increase in caseload. The recovery of Housing Benefit overpayments was halted during the height of the pandemic, although recovery from ongoing benefit entitlement continued. The team has recommenced recovery, and arrangements are being made with customers to repay outstanding debts, whilst applying sensitivity to individual financial circumstances.

Throughout 2020/2021 the council has continued to work in close partnership with the Department of Work and Pensions (DWP), Citizens Advice and other partner organisations to ensure that provision is in place to provide additional, support, assistance and advice to those residents who need it. The Council continues to strive to ensure that it maximises benefit entitlement through Council Tax Reduction and will continue to provide additional support to the most vulnerable residents, particularly as the impact on the economy of the Covid-19 pandemic continues to be felt.

Page 134 As part of the measures of assistance in relation to Covid-19, the Government announced additional support to all those in receipt of council tax reduction support. The Council used its emergency delegation powers to introduce a Council Tax Discretionary Relief Scheme. The Council recognises that it must be able to respond to the needs of the communities. The Government’s expectation was that billing authorities would provide a minimum reduction of £150 on their annual council tax bill to working age recipients of the Council Tax Reduction Scheme during 2020/2021. Based on the funding provided and the current and estimated case load for the remainder of this financial year, the Council’s scheme approved and increased the reduction to £300. The relief has now been awarded to all existing claimants, and will continue to be applied to any new working age recipients until the end of the financial year.

Council Tax/NDR Collection

At Council in February 2021 a £5 Band D (2.51%) Council Tax increase was approved which was consistent with expectations from Central Government set out within the final financial settlement for 2021/22.

The collection of both Council Tax and Non-Domestic Rates are running behind previous years (as outlined in the Q3 Financial Update). This is largely due to Covid, and the need for the Council to stop recovery activity as the Courts were closed. The Council has recently restarted persuing outstanding debts, and has recently appointed an additional specialist to lead the work in this area.

Bills for 2021/22 have been sent to the printers. Business rates bills will be issued without additional reliefs announced by the Chancellor of the Exchequer in the Budget on 3 March 2021: revised bills will be issued for relevant nurseries, retail, leisure and hospitaility properties who will see an extension of releifs until at least the end of June 2021 with some receiving reduced relief for the remainder of 2021/22. Details of the scheme are not due to be received from the Government until after the billing deadline.

Asset Management

The strategic land and property management board was set up to provide clear direction on the Councils land and building portfolio and drive a 10 year programme. The board is due to review a number of feasibility studies recently concluded including looking at a potential end use for SLDC’s Lowther Street building, a mini masterplan for SLDC’s land holdings in Bowness, a car parking study in Arnside and a review of Council land at North Lonsdale Road, Ulverston. The Assets team are also involved within the One Public Estate programme where public sector colleagues are working together to ensure best practice and efficiency across all sectors.

Woks to Kendal Town Hall is due to be completed on 16th April 2021 (the District Council Chamber will be completed in May 2021) and the first floor of South Lakeland House (SLDC’s office space) will be completed on Friday 8th May 2021. The remaining areas of South Lakeland House will be completed over the Summer of 2021.

A report receommending approval to proceed with the Grange Lido and Promenade Light touch refurbishment with structural repairs and connectivity scheme will be taken to Cabinet on 17th March 2021. The scheme has been designed to accommodate a pool in the future. If approved, work will go forward to obtain further relevant statutory approvals to accommodate the value engineered scheme prior to contract award and the assets team would be looking to start on site in Summer 2021.

Projects recently competed include:

Page 135

 New homeless accommodation for families. 3 family units completed in Grange-over- Sands.  Re-surfacing works to Red Bank car park, Grasmere.  Energy saving building enhancements to Mintworks and Town View Fields through installation of photovoltaics.  Insurance work to Town View Fields hostel to refurbish bedrooms following an arson attack.  Capital grant support given in support of flood remedial measures at Main Street Car Park, Grange-over-Sands.

Reports to be taken to Cabinet on 17th March 2021 in relaton to SLDC assets include:

 Grant of lease for Braithwaite Fold Caravan Park for 25 years.  Grant of lease for 99 years and capital scheme for Abbot Hall gallery.  Extension to existing agreement with UCE to run Coronation Hall and Ulverston Market for a further 2 years.  Sale of land at Boon Town to help create 28 affordable houses.

Works due to start in the near future:

 Structural repair works to Westmorlnd Shopping Centre Multi Storey car park.  New photovoltaic scheme at Ferry Nab Marina, Bowness on Windermere.  New pathways around Kendal Castle.

The assets team continues to monitor service contracts, undertake planned and reactive maintenance on the Council’s estate. Finally, following a decision by Cabinet prior to Christmas to bring the Council’s maintenance service in house, a recruitment process has been completed and the first of two apoointments to the maintenance team has been made and will start with the Council on 1st April 2021.

Page 136 South Lakeland District Council Council 23 March 2021 Health, Wellbeing and Financial Resilience

Portfolio: Cllr Suzie Pye

To work with other tiers of government, community groups and other relevant partners to enhance the health and wellbeing of residents. Alleviate the harmful effects of poverty in the District, looking at issues to address those who are disadvantaged. Working with key partners with regards to welfare reforms. Nominated representative on the Health and Wellbeing Partnership as appropriate. The relationship of the Council with its citizens; civic participation and the Council plan objectives around leisure, health and wellbeing and working with communities. Working with key partners with regards to public health and community safety.

Polices, plans and strategies  Community Strategy  Health and Wellbeing Strategy  Cumbria Joint Public Health Strategy  Community Safety Plan Key Areas  Public Health  Community Development  Crime and Disorder Reduction Strategy  Voluntary Sector in relation to Public Health and Wellbeing Sector  Health and Safety  Poverty alleviation  Young People/ projects

Page 137 Public Health

Cumbria County Council created the Cumbria Public Health Strategy to encourage collaborative working themes to improve resident’s health across Cumbria. The document aimed to focuses on the wider determinants of health. As part of the Councils policy framework, South Lakeland District Council adopted the strategy with the aims of improving health outcomes, however this has most recently been affected by Covid-19.

The Council worked with partners to influence the implementation of the strategy. The five strategic priorities were confirmed as:-

 Social Prescribing  Planning  Transport and connectivity (eg. active transport, rurality and access to services)  Food and the healthy weight agenda  Poverty

Due to Coronavirus many residents have been working from home, home-schooling children or have been feeling worried or anxious. To support communities, SLDC backed the ‘Every Mind Matters’ national campaign which encouraged residents to look after their mental and physical health to prevent issues becoming more serious. The campaign included helpful tips and advice to help residents take care of their mental wellbeing. The Council promoted support platforms and materials through South Lakeland News, Newspaper and Social Media.

Throughout the first lockdown in 2020 the Council funded the distribution of 16,000 self-help guides produced by Every Life Matters to households and organisations across South Lakeland. The ‘Wellbeing and Mental Health during Covid-19’ guide included useful advice on how to look after your mental health during the pandemic. Council Locality Officers also distributed posters to key services areas regarding male suicide and the support available. The Council has continued to distribute wellbeing messages throughout the pandemic as well as direct communities to appropriate support networks.

In order to continue to protect the Health of our residents and visitors the Council has continued to reinforce safety messages within communities and across communication platforms reminding people of the importance of wearing a face mask, encouraging social distancing and the stay at home message during each lockdown period. In light of recent Government announcements, the Council will be working closely with other organisations to strongly reinforce the appropriate messages.

The Council’s Environmental Health Officers are continuing to work on the Governments Track and Trace scheme to help keep residents safe and reduce the spread of Coronavirus. The is now an online application form for the Test and Trace Support Scheme where those on low incomes who are required to self-isolate could be eligible to receive a £500 payment. The Test and Trace Support Payment has been made available to those receiving Universal Credit; Working Tax Credit; Income-Based Employment and Support Allowance; Income- Based Jobseeker’s Allowance; Income Support; Housing Benefit; and/or Pension Credit.

Community Development and Voluntary Sector in relation to Public Health and Wellbeing Sector

In partnership with the Customer, Commercial Services and People portfolio the Council has worked with a number of community groups across the district to improve local play areas such as Abbot Hall, Maryfell, Rayrigg Meadow and Millerground. These improvements have

Page 138 encouraged young families to utilise the facilities available which in turn supports their health and wellbeing.

The Council granted £3,000 towards securing a vital role at Springfield Domestic Abuse Support in South Lakeland. The grant enabled the charity to access match funding, safeguarding the role for another 12 months and increasing it to 24 hours per week. With the cases of domestic abuse rising across the UK the charity has played a vital role in supporting individuals.

During the Covid-19 pandemic 99 volunteer groups were established across Cumbria. SLDC has been part of the Cumbria Local Resilience Forum establishing support through the emergency support helpline for people at high risk and those who do not have support available from family or friends. The helpline coordinated the supply of essential food, medicines and supplies. The Community Resilience group is continuing to work closely with community volunteer groups to match requests with local support networks.

As a result of the pandemic Cumbria has seen widespread community and voluntary sector support and informal support, including neighbourhood WhatsApp groups and community Facebook groups, alongside a commitment from existing community emergency planning groups, local churches and faith groups and formal voluntary sector organisations who have been working with the County Council and partners including District Councils and NHS.

Crime and Disorder Reduction Strategy and Young People/ Projects

The South Cumbria Community Partnership (CSP) plan 2019/20 utilised effective collaboration between South Lakeland District Council, Barrow Borough Council, Cumbria Constabulary and partner agencies including Safer Cumbria. The CSP had a total of £20,000 for supporting projects which have been aiming to prevent crime falling under one of the priorities below.

The five priorities for 2019/20 are:  Protecting vulnerable adults  Domestic abuse  Substance abuse and drug supply  Violent crime  Anti-social behaviour

The CSP has been working with partners to tackle the above priorities whilst recognising the pressures arising from Covid-19.

The CSP has awarded funding to:

• CADAS to provide online drug/alcohol awareness training for Local Focus hub members and other professionals

• The Well to train behaviour change companions who will be initially allocated to work in Barrow and in Kendal supporting those in Housing first (Complex need, very early stages of change and/or stability generally considered high risk) and transitional recovery housing (starting to stabilise – risk of reoffending, chaotic substance misuse and not ready for abstinence based housing).

Page 139 • Neighbourhood Watch to provide Video Doorbells for domestic abuse victims. The Video Doorbells record images of anyone approaching the Victims home and can be viewed on their mobile phones from anywhere around the world. Evidence can also be secured from footage that supports victims on occasions when it’s their word against the aggressor.

Following Cabinet approval the Council has adopted a Safeguarding Children Policy to facilitate robust and effective procedures and training to help Officer and Members ensure young people are safeguarded and their needs understood and the Councils responsibilities for safeguarding are addressed effectively.

The Modern Slavery statement was also adopted by Cabinet constituting our actions to ensure there is no slavery of human trafficking in the Councils business or supply chains.

An online training programme was delivered for employee and Councillors highlighting safeguarding best practise and raising awareness of the corporate parenting role and the role SLDC and Councillors can play.

During 2019/20 there were 5618 crimes in total – an increase on the previous year at 1084. The annual total of recorded Domestic abuse incidents during 2019/20 was 983 similar to the previous year, however increases in the total number of crimes over recent years are explained by Police training on the recording of crimes.

Health and Safety

The Council has a duty to inspect workplaces to ensure they are obeying the law and help employers to understand the importance of health and safety and investigate any accidents or complaints reported. Inspections have been impacted by the Covid-19 pandemic however during the periods of time that restrictions were lifted the Council was very successful in supporting the Health and Safety Executive through an enforcement role by conducting inspections to ensure that businesses are adhering to regulations to prevent the spread of Coronavirus as well offering guidance and advice.

Poverty alleviation

Since the Council formed the Building Financial Resilience (BFR) Group it has been working with partners to promote ways to make money go further and reduce financial hardship across communities. The group has been making excellent progress in addressing the actions identified within the action plan.

The action plan has been broken down into 5 different task group areas which focus on actions under different aims:-

 Increase partner collaboration and publicise support available to the public  Build local wealth  Increase access to skills and education  Reduce fuel poverty  Food waste and re-distribution

With the support from partners, SLDC have created a successful BFR webpage which includes support mechanisms for members of the public to access relating to money, food, housing, wellbeing and skills and information. Click here to view the page.

Page 140 The BFR group donated 100 copies of the Tin Can Cook Book to financial hardship groups and foodbanks across the district. The cook book is designed to create cheap, easy meals using tinned goods.

The group also donated £1,500 from the Poverty Alleviation fund towards a project based in Staveley to help disadvantaged children take part in extracurricular activities that they may not otherwise have the opportunity to experience. This scheme allows children who normally would miss out on certain extracurricular activities due to lack of finances to at least experience some lessons or to set them up with a musical instrument or piece of kit to help start them off.

In February 2020 SLDC supported a pilot scheme throughout February Half Term to provide children eligible for Free School Meals with activity days and lunch clubs. The scheme was undertaken in partnership with People’s Café and GLL (Kendal Leisure Centre) and included children from across 5 primary schools within Kendal.

During the first lockdown the Council distributed free sanitary products to 30 pick-up points across the District, which would have previously been available through at secondary schools. These products have remained available as various locations across the district throughout the pandemic.

The Department of Work and Pensions reported an increase in the number of cases seeking benefit support as a result of Coronavirus, there has been increased number of people claiming benefit support across the United Kingdom. Citizens Advice has been offering debt advice and support.

The Council set up a hardship relief fund which those struggling to pay their Council tax could apply for. This scheme was designed to support those economically vulnerable residents, recognising the toll that financial troubles can take people’s wellbeing. The scheme could offer spreading the cost of payments or seeking hardship relief to reduce bills in the short term.

Age UK reported an increase in reports of anxiety and loneliness during the pandemic however they are managing these report through offering helpful support networks and launched the #ok2ask campaign which the Council supported.

During the first lockdown on average Food Bank across the District were collating 180 parcels per week. The Community Resilience Group have been continuing to closely monitor this should food donations decrease.

As part of the South Lakeland Community Resilience Group the Council supported local food initiatives to ensure that all pupils entitled to free school meals continued to receive then during half term holiday weeks.

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Page 142 South Lakeland District Council Council 23 March 2021 Housing and Innovation Portfolio

Portfolio: Cllr Jonathan Brook

The development and implementation of the Council Plan. The Council Plan objectives in relation to improved customer engagement and communication implementing of the Local Plan housing objectives. Working in partnership to improve the standard, availability and affordability of housing in the District to meet local needs, championing these issues at national, regional and sub-regional level. Looking at innovative ways of working. To support the Leader of the Council and to deputise in his/her absence. Policies, Plans and Strategies

 Council Plan  Local Plan (including Development Management Policies)  Housing Strategy and Policy (including Choice Based Lettings Allocation Policy)  IT/Information/E Government Strategy Key Areas

 Council Planning  Customer Connect Programme (Strategy)  Development Management and Building Control  Housing Options and Homelessness Prevention  IT Services  Strategic Housing and delivery (including Housing Enabling and Housing Grants)

Page 143 Council Planning

During 2020 a virtual review of the 2021 Council Plan was undertaken which provided steer on the priorities and impact measures to be emphasized within the Council Plan whilst aligning the medium term financial plan against the priorities.

The Council Plan 2021 was approved at Council in February 2021 alongside the budget. The plan sets out the Council’s long term vision and direction. It provides a consistent basis for the council’s plans, strategies, projects and decisions such as how the transformational Customer Connect Programme is implemented.

The plan enables council activity to be focused on strategic objectives and provide a consistent basis for the Prioritisation of resources, commissioning and performance management frameworks and the roll-out of the new ways of working under Customer Connect.

One big change in the 2021 Plan is closer working with Barrow Borough and Lancaster City councils to build on the positive work on the Bay unitary proposal. This means co-operating on economic development, infrastructure, housing and employment growth as well as skills and knowledge. All of this is vital as communities emerge from the impact of the pandemic. The three councils are also looking to collaborate on inequality and deprivation, population health and carbon reduction.

Customer Connect Programme (Strategy)

The delivery of the Customer Connect Programme has been ongoing since September 2016. The programme is divided into three main elements; Digital, People and Place. The people element is led by the Customer, Commercial Services and People Portfolio Holder and the Places element is being led by the Finance and Assets Portfolio Holder.

In 2020 the Customer Connect Steering Group agreed new governance arrangements following the implementation of the new operating model and the realisation of the salary savings outlined in the Customer Connect business case. Outstanding programme activity, was paused due to the COVID-19 pandemic however, transition and innovation activities have now recommenced. The move to the new governance arrangements has ensured that continuous improvement is the focus for the organisation.

The Customer Connect board continues to have oversight of the remaining programme and innovation activity. The weekly programme includes officers responsible for the delivery of the the programme work streams, which include change and transition, communications and digital. Following the paused in the programme the organisation is re-engaging with staff to deliver the remaining change and transition activity. The board is also responsible for driving forward digital developments that will support innovation and continuous improvement across the organisation. The weekly programme board remains responsible for providing assurance to work stream leads and a forum for resolving risks and overseeing the spend on the remaining Customer Connect Programme budget. The programme will remain subject to Cabinet member oversight, with the Customer Connect Steering Group continuing to update Cabinet members.

In relation to digital development the organisation is utilizing the digital platform to build online forms that allow customer to self-serve online and provide the organisation with greater efficiencies in the back office. There are now 24 online forms covering a number of services, including Street Scene, Locality and Case Management. These forms allow the customer to access services online 24/7. The scrums have also developed 12 COVID application forms to support the various business grant schemes and test and trace

Page 144 application, as well as a number of internal forms which allow for work requests to flow through the organisation more efficiently. Since the enablement of the new forms and My Account in May 2020 there has been an increase in the number of online transactions. In 2020 (May to December) there were over 8,000 transactions and during January and February 2021 there has been 2,500 transactions recorded.

The account functionality has been integrated with the Capita Revenues and Benefit product early next year which will allow customers to access a number of revenue and benefits services and sign up for e-billing. The ability to make online payments is also being introduced, with updated payment forms for services including Council Tax. Processes such as bulky waste and parking permits will also be redesigned and integrated to take customer payments. The digital development of forms is continuing to progress at pace as we redesign processes that require the customer to report an issue or apply for a service.

IT Services

The IT service has focused on the delivery of Customer Connect through the preparation of the Enterprise Digital Platform to support single customer records and online accounts.

The Council is continuing to move forward in preparing the systems to support online accounts and configure the platform to support new processes for both Eden and South Lakeland as part of the shared ICT service.

Outside of the Customer Connect programme, the Shared ICT Service has maintained a full Business as Usual operation, some examples of this work includes:

 Upgrade of the SLDC Cash receipting/Payment system  Continuing to replacing the technology in the Data Centers of both Eden and SLDC, this will improve performance by replacing aging equipment. This is part of the rolling IT replacement programme.

Due to Covid-19 the Council had to quickly introduce new innovative ways to support those working from home and the ability to host virtual formal and informal meetings. The IT Team have worked quickly and highly effectively to install the Microsoft Teams Platform for all employees and Councillors across SLDC to allow the organisation to continue conducting business as usual and keep in regular contact whilst adhering to Government Guidelines. The IT team have also been involved in supporting virtual meetings to rectify any technical issues experienced. Development Management and Building Control Significant progress had been made moving through our enforcement enquiries, demonstrating increased efficiency for dealing with enforcement issues that arise. Throughout Covid-19 in accordance with government guidelines, enforcement officers were not permitted to enter any premises. Therefore the Council was able to utilize mapping platforms which provide sufficient evidence through dated satellite imagery allowing Officers to look back on how developments have progressed. During the challenges arising from the pandemic Officers have had to review enforcement cases based on a priority level determined by the impact upon communities in order to protect Officers and Communities.

During the Covid-19 the Council was also able to continue to determine planning applications through the virtual planning committee process.

Housing Options and Homelessness Prevention

Page 145 The Council introduced a target measure of the number of homelessness households living in temporary accommodation will be no more than 20 at a time. The highest number of households in Temporary Accommodation at any one time was 39 which was in Quarter 1 in 2020/21 the figure had reduced to 24 in Quarter 3 2020/21.

In order to support the reduction of the homelessness households living in temporary accommodation, the Council introduced the Homelessness Strategy 2019/2024 which identities four key priorities:

 Homeless prevention  Increasing the supply of settled accommodation  Ensuring appropriate support is available  Tackling complex needs

The Council was successful in securing a grant of £388,987 from MHCLG which is supporting our work with the homeless during Covid-19. Cumbria County Council were also awarded an additional £30k for this work which was be split between the six districts. SLDC’s Rough Sleeping Accommodation Programme will create an additional 12 move-on bed spaces, including four complex needs spaces. These will be hosted by Home Group, utilizing their housing stock around the district.

The council has been continuing to work towards achieving the strategy’s actions:

 Working with private rented sector to secure accommodation for people in housing need/at risk of homelessness;  Bringing empty homes back into use by implementing the Empty Homes Strategy and Action Plan;  Working with public sector bodies and churches to identify any potential sites that could be used for affordable or supported housing;  Using housing renovation grants to enable potential new schemes suitable for tenants with specific needs;  Working with providers to enable a shared housing scheme in South Lakeland for young people;  Working with housing associations to develop new affordable homes with the help of low-cost loans.

The Council has been continuing to enable the reduction of empty homes by 20% by 2025 through targeted interventions. In order to support this target the Council is still on track to bring a minimum of 70 empty home back into use each year. Since 2015 to Q3 2021 the Council has brought 435 empty homes back into use throughout the district. Throughout the Covid-19 the Council supported an increased number of households presenting as homeless. In addition to the 18 rooms at Town View Hostel the Council successfully secured additional accommodation across the District including Bed and Breakfasts, Holiday Lets and Housing Association properties. The Homelessness team have are continuing to create better working partnerships to ensure appropriate health support is available for those in temporary accommodation and to develop a more effective hospital discharge pathway.

Page 146 Strategic Housing and delivery (including Housing Enabling and Housing Grants)

At Q3 2020/21 the Council had supported 529 affordable homes to rent since 2014. These figures show that the Council is on target to deliver 1000 affordable homes to rent by 2025.

The Council has supported the delivery of extra care housing and a new 104 unit scheme is underway at a site in Oxenholme by Housing 21. This includes provision of 29 affordable rented units and 43 shared ownership units.

We have been continuing to work closely with partners such as Highways England, Cumbria LEP and Housing Developers to ensure the development of the Cross-a-moor roundabout.

Barrow Borough Council is the lead on the Private Sector Stock Condition survey being carried out using a new methodology by the Building Research Establishment. The survey was jointly commissioned by Eden District Council, Cumbria County Council and SLDC.

The £2.36 million Community Housing Fund was designed to help tackle the problem of high levels of second home ownership. The funding was broken down into two available grants.

 CLH Capacity Building Grant  CLH Scheme Grant

The fund is being used to enable the delivery of new community-led housing schemes through new build, re-use of existing buildings and bringing empty homes back into use. In December 2020 the Council approved a grant scheme of £350,000 and an infrastructure grant of £368,244 to the Levens Community Project (LCP).

The Arnside and Silverdale Area of Outstanding Natural Beauty Local Plan received the Royal Town Planning Institute Award for Planning Excellence, ahead of the Manchester Northern Gateway, Windermere Jetty, Preston Bus Station and the Knutsford Neighborhood Plan.

The Local plan will now cover the period up to 2040 and will be adopted in 2023. Consultant events were postponed due to Coronavirus however these would be rescheduled when safe to do so allowing for residents to provide input in the major plan which will shape South Lakeland for the next 10 years and beyond. The future plan will consider employment and housing needs for the district and how its historic character and landscapes can be protected. The draft plan is to be published in 2021.

The governance arrangements for Community Infrastructure Levy (CIL) are now well advanced. Significant elements of strategic infrastructure essential for the delivery of planned growth in the South Lakeland Local Plan have been funded and delivered (or are committed) from a variety of sources. Earlier schemes implemented include: £3.4m for highways and transport improvements in Kendal, including road junction improvements and improved cycle routes, funded by Cumbria Local Enterprise partnership (LEP).

Cumbria County Council (CCC) completed the Kendal major infrastructure study. The Kendal Northern Relief Road was identified as a potential improvement in the Transport for the North – Strategic Transport Plan. Cumbria County Council are continuing to seek funding opportunities and preparing an outline business case.

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Page 148 South Lakeland District Council Council 23 March 2021 Promoting South Lakeland

Portfolio: Cllr Giles Archibald

Working with partners and stakeholders in the public, private and voluntary sector, at national, regional and sub-regional level. To act as an ambassador and advocate for the Communities of South Lakeland. To represent the Council on local and other strategic partnerships including nominated representative on the Cumbria Local Enterprise Partnership as appropriate. Delivery of the Council Plan objectives in collaboration with Portfolio Holders

Policies, Plans and Strategies  Communications Strategy  Emergency Plan  Equality, Diversity and Inclusion Strategy  Performance Management

Key Areas  Community strategy/area planning/development of recovery group  Emergency Planning  Local and Cumbria Wide Strategic Partnerships  Media and Communications  Performance Management  Relationships with Government Departments, and other relevant authorities at a sub- regional, regional and national level

Page 149 Community strategy/area planning/development of recovery group

Throughout the Covid 19 pandemic the Council has been working with the Environment Agency (EA) to develop and implement Phase 1 of the Kendal Flood Risk Management Scheme plans to adapt the local infrastructure in order to protect communities against the risks associated with Climate Change. Phase 1 of the scheme will deliver an appreciable net gain in biodiversity. Cabinet approved that more than 1,000 trees will be planted on council- owned land as part of the tree replacement required to implement the Flood Management Scheme. The EA have committed to planting at least 1,058 replacement trees on Council owned land in compensation of around 106 trees to be removed from Council land.

The EA have been undertaking investigations in preparation for the works commencing during the Covid-19 pandemic whilst adhering to social distancing and sanitation rules however, SLDC and EA have successfully obtained approval MHCLG to extend the funding guidelines due to the delays experience by the pandemic.

With support from Officers the Health, Wellbeing and Financial Resilience Portfolio Holder has been heavily involved in supporting the Community Resilience Group throughout the Covid-19 pandemic offering support and advice to communities groups across South Lakeland and understanding the pressures faced.

The Cumbria Local Resilience Forum established support through the emergency support helpline for people at high risk and those who do not have support available from family or friends. The Council supported communities with partners by coordinating the supply of essential food, medicines and supplies.

In response to the pandemic the Council has coordinated the distribution of business grants, test and trace support payments and offered advice and guidance to businesses who were able to re-open between the lockdown restrictions.

Emergency Planning

South Lakeland District Council supports Community Resilience Groups to ensure at the earliest opportunity, they receive situational awareness information where possible prior to the emergency. The Council played an active role as an emergency coordinator during recent storms and the Coronavirus pandemic and has ensured sufficient sandbags are available for residents to collect at various sites across the District.

All Council Emergency Lead and support Officers have completed virtual training sessions to ensure that Covid guidance and arrangements are in place should Reception Centres be required.

Business Continuity Planning was undertaken ahead of the EU-Exit date on 31 January in preparation. Following this effective work South Lakeland District Council is as well prepared as it can be for Brexit, recognising that there are enormous uncertainties.

Critical services across the Council were involved in identifying potential risks faced with Brexit and potential mitigations where possible. Along with other Local Authorities the Council escalated potential issues to MHCLG. The Council is working closely with Cumbria Local Enterprises to share available information with businesses across the District regarding the changes the businesses will be required to undertake as a result of Brexit. Guidance, advice and support can be found on the Invest in South Lakeland website (Click here).

Page 150 Working with the relevant portfolio holders, the council is monitoring very closely the crisis relating to COVID -19. We have liaised with the County Council, hospitals and other appropriate public bodies to monitor the impact the virus has had on our communities. The Council has responded to the pandemic through the creation of a Recovery Hospital at Kendal Leisure Centre, the re-design of Town Centres to stop the spread of the virus, the distribution of a variety of Business Support Grants, creation of a test centre at Kendal Leisure Centre, additional support for the Community Resilience helpline and distribution of food parcels and medication to vulnerable people across the District.

Town and Parish Councillors have been regularly updated through virtual meetings/ emails/ press releases on the actions being taken to mitigate against Covid and identify ways in which they can support communities as lockdown restrictions begun to ease.

During the lockdowns in line with Government Guidance the Council closed its assets to the public and encouraged its staff to work from home where possible. Those in roles which could not be undertaken from home were provided with the appropriate PPE and sanitation facilities and worked in way that adhered to social distancing.

Local and Cumbria Wide Strategic Partnerships

The Bay Prosperity and Resilience Strategy has been jointly developed through the economic partnership between Barrow Borough Council, Lancaster City Council and South Lakeland District Council. The partnership is seeking government funding over the next two years to jointly develop plans and projects to further unlock the Bay area’s economic potential.

These plans would then provide the evidence for a significant bid to Government at a later date, which, if successful, could provide millions of pounds of investment in crucial schemes that deliver economic growth.

The strategy document describes how the councils’ economic collaboration is focused on eight themes:  Renewables and clean growth  Building on the area’s arts and cultural offer  Delivering new roles for ports at Barrow and Heysham  Retaining and attracting the best talent and diversity  Supporting high-efficiency ‘food-agri’ innovation  Enhancing digital connectivity  Growing healthy communities  Building resilient town centres

I have been chairing the Cumbria Leaders Board (CLB) and attending the Joint Districts Board to discuss the key issues across Cumbria and seek partnership working to implement resolutions. These meetings have become increasingly focused on strategic issues of importance to residents of the county such as our response to Covid-19, climate change, housing, wellbeing and Local Government Reorganisation.

A Climate Change Sub Group sets out the carbon footprint of Cumbria, and various alternative pathways to achieve the Cumbria Wide Target of achieving net zero carbon target by 2037 and the Cumbria Leaders have been feeding into this.

Following my appointment to the District Council Network Members Board, I have taken on the role of ‘Lead’ of the ‘Better lives’ work stream. The group is focused on influencing

Page 151 government policy around the plight of the vulnerable and in particular in relation to housing matters. I have also been appointed as a board member on the DCN Finance Work stream.

Media and Communications

Council is continuing to keep residents and stakeholders regularly updated of the council’s activities through a range of communication channels i.e. Social Media, Newspaper, and Website. Consistent communication messages through these channels have proven very effective throughout the past year. Most recently regular messages have encouraged residents to get involved in consultations for the proposal put forward for Local Government Reorganisation.

The Communication Team have been regularly updating Residents, Partners and Councillors through Covid-19 highlighting the variety of support mechanisms available for businesses, families, communities and vulnerable people. A specific webpage has been set up on the Councils website where all advice and support relating to Coronavirus can be accessed easily. (Click here). The Council is supporting other partners in sharing key messages throughout the Covid-19 pandemic such as Cumbria Constabulary and Lake District National Park, particularly as we begin to see lockdown restrictions easing.

The Communications Team have circulated regular internal messages relating to Customer Connect via the internal Intranet page, which is accessed by employees and Councillors. These messages provided updates and information on the ongoing programme progress, the types of training available, support opportunities and organisational role changes. Blogs are also uploaded by members of the Leadership Team which explain about new team roles and responsibilities and their experiences. As leader of the Council I undertook a virtual staff message to acknowledge and thank them for their ongoing hard work, support and dedication throughout the pandemic.

As the Customer Connect Programme continues through the transition phase, there are now 24 online forms covering a number of services, including Street Scene, Locality and Case Management. These forms allow the customer to access services online 24/7. The scrums have also developed 12 COVID application forms to support the various business grant schemes and test and trace application, as well as a number of internal forms which allow for work requests to flow through the organisation more efficiently.

Using online platforms the Council was able to distribute all business grants using an online application. This ensured that all eligible businesses were able to receive their grant monies in a timely manner.

Performance Management

The Performance Management throughout 2020/21 has continued to focus on the Council Plan measures of success to monitor progress towards the priorities for South Lakeland.

In Quarter 3 the measures reported showed very good performance, demonstrating that South Lakeland is a desirable place to live, work and explore. However in line with national trends and the influence of Covid-19 has impacted on some areas such as the number of homeless households living in temporary accommodation is increasing.

The number of grant payments made at 30 September 2020 for Retail, Hospitality and Leisure in South Lakeland was 5,370. The most recent figures will be available in the Q4 performance report.

Page 152 As of July 2020 5,100 claims had been made to the Self Employment Income Support Scheme which was the highest proportion in Cumbria and represents 76% of those eligible. Most recent figures will be available in Q4.

In South Lakeland 3,800 employments had been furloughed during October 2020. South Lakeland had the highest number of furlough rates within Cumbria.

The claimant count shows those currently out of work who are actively seeking work. As of November 2020 South Lakeland had a claimant count rate of 3.1%, this is 0.7% down from August 2020. The claimant count is below count and national averages.

The Council remains on target to deliver the 1,000 new affordable homes for rent by 2025 with a cumulative total of 523 since 01/01/14.

The number of long term empty homes has fluctuated however, the overall number from 1,079 in 2011 has reduced to 905 in 2019. Since 2015 the Council has undertaken targeted interventions to bring 435 empty homes back into use. The figures for 2020 are not yet available.

At Q3 2020/21 the figures of the number of households living in temporary accommodation had decreased to 24 in comparison to 39 in Q1. These figures are in line with national trends and Covid-19 has been of influence. The main reasons for homelessness are: the reduced benefits for people of age under 35 years; high rents and loss of private sector tenancy; lack of affordable housing; family relationship breakdowns with young adults leaving home - sometimes leaving home due to abuse.

For 2019/20 the total carbon emitted was 2,400 tonnes, which is a reduction from 3,585 tonnes in 2012/13. As well as reducing emissions the Council prevents 5,500 tonnes of emissions by reusing, recycling and composting nearly all of the waste collected across the District.

Life Expectancy in South Lakeland is higher than the UK’s average at 85.3 years for women (UK 83.4) and 81.5 years for men (UK 79.8).

The Council Plan performance measures are reported on a quarterly basis and all statistics are readily available to view and compare via the Councils website.

Relationships with Government Departments, and other relevant authorities at a sub- regional, regional and national level

In late 2020 Local Authorities were requested by Central Government to submit proposals for Local Government Reorganisation. South Lakeland District Council worked closely with Barrow Borough Council and Lancaster City Council to create a proposal for a new unitary authority around Morecambe Bay.

The three authorities launched a consultation on the proposal was launched on 10 November. The feedback obtained formed an important part of the detailed submission to Government on 9 December.

Proposals were submitted by the County Councils in both Lancashire and Cumbria, the latter based on the existing county boundary. In a letter to councils in Cumbria inviting proposals for local government reorganisation, Government officials made it clear that they will consider proposals from ‘one or more districts in a county and one or more relevant adjoining areas’. A cross-boundary authority around the Bay fits this criteria.

Page 153 The detailed case set out the degree of local support for the proposal following a period of engagement with residents, businesses and key stakeholders, and examined how police, fire and rescue services would be managed, opportunities for reform to health and care services and included in-depth financial modelling.

Government have now confirmed that it will formally consult on The Bay option. The consultation is open to businesses, community and voluntary sector organisations and members of the public who live, work or study in South Lakeland, Barrow and Lancaster, and will close on 19 April 2021.

The joint proposal for a new Bay authority received strong support locally when it was unveiled late last year, in response to a letter from Government in October sent to councils in Cumbria, North Yorkshire and Somerset inviting submissions on ‘locally-led proposals for unitary government’ in those areas.

A joint online survey, independent opinion poll, a number of well-attended virtual engagement events with community groups, businesses, parish and town councils and young people and feedback from more than 4,000 respondents demonstrated overwhelming backing for a Bay unitary.

Under the plan, the district councils (Barrow, Lancaster and South Lakeland) and county council in Cumbria would be replaced with a newly created, single tier ‘unitary’ local authority for the area. The new authority would deliver the services currently provided by both the district and county councils such as waste and recycling collections, public realm, planning, highways and transport and adult and children’s social care.

The proposal indicates how by working together with a range of organisations in the Bay area, the new authority will drive positive change on shared priorities including building community power and engagement, reducing inequality and inequity, improving wellbeing, building community wealth and tackling the climate emergency and loss of biodiversity.

Page 154 Public Document Pack Item No.14a

EMERGENCY DELEGATED EXECUTIVE DECISION In accordance with the Leaders decision and noted by Cabinet on 25/03/2020 to delegate to the Chief Executive any executive decision in this COVID 19 Global pandemic emergency or that is urgent or that would be necessary or expedient, or which would otherwise protect the Council’s interests, including key decisions. South Lakeland District Council Emergency Delegated Executive Decision Additional Restrictions Grants

Date: 20/11/2020 Reference: 012

Reason for emergency The Chief Executive received emergency delegated executive decision making powers on the 25th March 2020. It is considered that this decision is necessary or arises from the global COVID-19 pandemic. The matter is urgent, necessary and expedient and is needed to protect the Council’s interests. The decision is required to be taken due to the Government’s recent announcement for a new package of financial support grants for businesses that will be administered by local authorities. Funding will be provided by the Government for the new support grants for businesses due the announcement of a second national lockdown. The Government have requested the grants are processed and paid as soon as possible, with the funding be paid to the Council on the 13th November 2020. It is expected that the payment of grants will ease financial pressures for eligible businesses. Due to the timing of the receipt of the Government Guidance (announced 30th October 2020) and the date of the next Cabinet meeting being on 25th November 2020, we require an emergency decision. This is a Key Decision: Yes

Portfolio: Finance and Resources Portfolio Holder Decision Maker: Chief Executive Report Author: Gareth Candlin – Operational Lead (Specialist Services) Ruth Leahy – Specialist (Economy and Culture) Wards: All Forward Plan: Exemption from publication requirements / Forward Plan (key decision) requirements and call in obtained

1.0 Reasons for Proposed Decision and Expected Outcome 1.1 Due to the second national lockdown announced on 30th October 2020 and planned between 5th November 2020 and 2nd December 2020 with the possibility of the UK Government extending the lockdown beyond this date dependent on the Coronavirus

Page 155 infection rate. We require a process and policy regarding the administration of the grants.

1.2 Many businesses have been mandated to close which will have a severe impact on businesses who will see a significant reduction in income as a result of new national restrictions. 1.3 The Additional Restrictions Grant (ARG) has been announced by Government to support businesses who will be significantly impacted by the lockdown. 1.4 South Lakeland District Council has been granted £2,101,760 for the ARG from Government to distribute to eligible businesses under this scheme. 1.5 The ARG grant scheme follows the Government-funded Small Business Grant Fund (SBGF) Retail, Hospitality and Leisure Grant Fund, (RHLGF), Local Authority Discretionary Grant Fund (LADGF) that were administered by local authorities following the first national lockdown in March 2020. 1.6 SLDC will distribute grant funding to eligible businesses through an online application and validation process, used in the aforementioned grant schemes. 1.7 It is expected that the payment of grants will ease financial pressures for eligible businesses. This decision will contribute significantly in assisting businesses during COVID-19, helping with job retention and business viability in difficult circumstances and avoiding economic collapse by giving additional resources to businesses with properties within the district.

2.0 Proposed Decision 2.1 It is recommended that the Chief Executive:- (1) Approve the Additional Restrictions Grant (2) That a non-executive emergency decision is taken to confirm appropriate budgets be established outside the approved budget and policy framework to receive the grant funding and distribute funds as per Government guidance; and (3) Agree to delegate the identification, determination and payment of the grants in accordance with the scheme (see Appendix 1) to qualifying businesses to the Operational Lead for Specialist Services. (4) Delegates to the Operational Lead for Specialist Services, in consultation with the Portfolio Holder for Finance and Resources, authority to make any amends to the ARG to reflect future changes in Government guidance or change in local need.

Review Date: 31 March 2021

3.0 Background and Proposals 3.1 The government has announced the ARG to be targeted at businesses not mandated to close but significantly affected by the second national lockdown. The grant levels apply to ARG as follows:  Businesses occupying hereditaments appearing on the local rating list with a rateable value of exactly £15,000 or under on the date of the commencement of the widespread national restrictions will receive a payment of £1,334 per

Page 156 28-day qualifying restriction period. For businesses not in the local rating list it will be based on number of employees 1-9.  Businesses occupying hereditaments appearing on the local rating list with a rateable value over £15,000 and less than £51,000 on the date of the commencement of the widespread national restrictions will receive a payment of £2,000 per 28-day qualifying restriction period. For businesses not in the local rating list it will be based on number of employees 10-24.  Businesses occupying hereditaments appearing on the local rating list with a rateable value of exactly £51,000 or above on the commencement date of the widespread national restrictions, will receive £3,000 per 28-day qualifying restriction period. For businesses not in the local rating list it will be based on number of employees 25+.

During the lockdown, a single grant to cover the four-week period will be paid to each eligible business. The grant amounts will be fixed. Businesses in the local rating list with more than one qualifying property will receive more than one grant. Businesses not on the local rating list will receive one grant per business.

3.2 Please see Appendix 1 for the South Lakeland ARG

4.0 Consultation 4.1 A common and consistent approach has been agreed by all District Councils in Cumbria, allowing for specific references to business sectors within districts to support their own local economic make up. 4.2 A working group of officers including specialists and case managers have agreed the process for collecting information and administering payment of grants.

4.3 The Portfolio Holder for Finance and Resources, the Leader of the Council and Cabinet have been consulted on the detail of this decision and appended guidance. 5.0 Alternative Options 5.1 SLDC do not accept this funding: this would not comply with the request from Government and would not give critical support to businesses operating within South Lakeland, and therefore this is not a recommended option. 5.2 SLDC administer grants beyond the scheme set out by Government: this is not affordable for the Council, and therefore is not the recommended option.

6.0 Links to Council Priorities 6.1 Supporting our Economy: To aid job retention and business viability in difficult circumstances; avoiding economic collapse and enhancing the culture of the district by giving additional resources to businesses, including eligible cultural organisations, with properties within the district.

7.0 Implications

Financial, Resources and Procurement 7.1 The Government has made it clear that Councils can recover the additional cost incurred by the Council in administering this scheme. 7.2 The Government are funding the entirety of the scheme.

Page 157 Human Resources 7.2 There are no direct human resources implications of this report. Staff from around the Council will assist in the processing of grant claims. Legal 7.3 The Council has powers under the Localism Act 2011 to make these payments. Legal advice has been provided on the grants application form and the state aid implications. A separate non-executive decision will be taken to address the changes to the Budget and Policy Framework.

Health, Social, Economic and Environmental 7.4 Have you completed a Health, Social, Economic and Environmental Impact Assessment? No 7.5 If you have not completed an Impact Assessment, please explain your reasons: This has not been deemed as necessary in this instance. The impact of the scheme applies to businesses which are eligible within the district and is vital to prevent many small businesses becoming insolvent following Government required closure.

7.6 Summary of health, social, economic and environmental impacts: n/a Equality and Diversity 7.7 Have you completed an Equality Impact Analysis? No 7.8 If you have not completed an Impact Assessment, please explain your reasons: This has not been deemed as necessary in this instance, this applies to all those with businesses which are entitled within the district. 7.9 Summary of equality and diversity impacts: n/a Risk

Risk Consequence Controls required Grants are not given in Government will not Grant applications will be accordance with Government reimburse the Council for verified to be compliant guidance payments made outside with Government guidance the Government schemes and business eligibility Grants are given to fraudulent Grants are given to Verification has been built claimants businesses or individuals into the grant process that are not eligible including requesting sufficient evidence and using Government tools to avoid fraudulent claims Grants are not issued Businesses will not receive Online portal developed promptly financial assistance as set for efficient application of out by Government grants, resource trained and in place to review and approve Online application and Reputational impact to the Learning from previous verification processes to Council and delays to the scheme will significantly manage a multi-million pound processing of payments reduce risk. Robust scheme in just a few days in process in place to order to get grants paid to expedite payments. businesses with minimal delay

Page 158 Contact Officers Gareth Candlin, Operational Lead (Specialist Services) 01539 793382, [email protected] Appendices Attached to this Report Appendix No. Name of Appendix 1 SLDC Additional Restictions Grant

Background Documents Available

Name of Background document Where it is available Additional Restiction Grant, https://www.gov.uk/government/publications/local- guidance for local authorities restrictions-support-grants-lrsg-and-additional- restrictions-grant-arg-guidance-for-local-authorities Approved by: Signature and Date (or email confirmation) Chief Executive 20/11/2020 Or such person as delegated by n/a the Chief Executive in writing In consultation with The Leader of the Council 20/11/2020 And Relevant Portfolio Holder 20/11/2020 CMT Directors The following interests were n/a declared – disclosable pecuniary interest or other or none

Due to COVID 19 and Government announcements, it has not been possible 20/11/2020 for this Key decision to be included in a Forward Plan at least 28 clear days before the decision was to be made. It is not possible to comply with the General Exemption procedure. In accordance with Part 4 of the Constitution - Rules of Procedure – Access to Information Rules – Paragraph 16, the Chairman of the Overview and Scrutiny Committee (Cllr Hughes) has agreed that the taking of the decision is urgent and could not reasonably be deferred because for the reasons outlined in this report and the timescales required to protect the public/business interest and to comply with Government advice. This being “special urgency” In accordance with Part 4 of the Constitution – Rules of Procedure – Overview 20/11/2020 and Scrutiny Procedure Rules - paragraph 16(j), the Chairman of the Council (Cllr Coleman) agrees that this decision is reasonable in all the circumstances and that it is treated as urgent for the reasons outlined above and, therefore, the decision is exempt from call-in.

Page 159 Appendix 1

South Lakeland District Council - Additional Restrictions Grant Policy

Background 1. The government has announced an Additional Restrictions Grant (ARG) one-off fund to be provided to Local Authorities, based on a £20 per head of population, as a result of the National Restrictions during November 2020.

2. South Lakeland District Council (SLDC) has been awarded £2,101,760 to spend during 2020/21 and 2021/22 to support businesses impacted by additional restrictions. It is expected that this money will be spent on direct business grants or provision of business support for businesses. This policy sets out the criteria and process for the provision of additional restrictions grants to businesses. SLDC does not commit to spending the full award amount in this way but recognises the importance of issuing grants quickly to businesses who are impacted by restrictions but not eligible for the Local Restrictions Support Grant (Closed), which provides grants to businesses in hereditaments on the rating list and are legally required to close.

3. The Council wishes to use the money provided to help businesses continue to trade once the restrictions are removed and businesses are able to trade with some greater degree of normality. The Council envisages that the grant will be used to maintain the business and help towards retaining employees within the business.

National Criteria 4. The Government has set out that where the Additional Restrictions Grant is used for provision of grants it must meet the same conditions of grant as the Local Restrictions Support Grant (Closed). These conditions are  The business must have been trading the day before the additional restrictions were introduced i.e. the 4th November 2020. Businesses that were in administration, are insolvent or where a striking-off notice has been made are not eligible for funding under this scheme.

 Grant income received by a business is taxable

 Grant income is subject to State Aid regulations. 5. The Government has encouraged Local Authorities to develop schemes to help businesses which while not legally forced to close – are nonetheless severely impacted by the restrictions put in place to control the spread of Covid-19. This could include – for example – businesses which supply the retail, hospitality, and leisure sectors, or businesses in the events sector.

Page 160 6. The guidance also suggested Local Authorities may choose to help businesses outside the business rates system, which are effectively forced to close – for example market traders. 7. Finally the guidance proposes that Local Authorities could use ARG funding to provide additional support to larger local businesses which are important to the local economy, on top of the funding provided to those businesses via the LRSG (Closed) scheme, with due reference to State Aid.

8. The government guidance and criteria can be seen in full here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attach ment_data/file/932623/V.1._Additional_Restrictions_Grant_- _FINAL_LA_guidance_03112020.pdf

Eligibility

9. The Council plans to align its ARG Scheme from Government proposal outlined above for eligibility. The Council’s scheme will be predominantly focussed on those businesses who demonstrate their eligibility as being severely impacted by the introduction of the latest round of restrictions.

10. For reference the guidance for national restrictions which apply from 5 November 2020 can be found at https://www.gov.uk/guidance/new-national-restrictions-from-5- november.

11. The latest restrictions are less restrictive than the previous national lockdown e.g. Traders can continue to visit homes, people may continue to go to their workplace where their work cannot be done from home and their businesses is not legally required to close, and many businesses are already established in new patterns of working from home. Eligibility for this fund compared to the previous discretionary grant fund reflects these changes.

12. Businesses eligible for this grant will largely fall under three categories:

 Businesses that have been mandated to close because of the nation restrictions and that aren’t in the business rates list or not the ratepayer;  Businesses that are able to stay open that are in the business rates list and have been adversely affected by the national restrictions;  Businesses that have received support through LRSG(C) grant scheme but are deemed of strategic importance to the district’s economy.

13. More specifically, eligible businesses are as follows;

Page 161 Category A

Businesses required to close but are not in the rates system, or are not the ratepayer and are therefore not eligible for the LRSG, for example: i. B&Bs who pay Council Tax rather than business rates; ii. Small businesses in shared commercial space providing in-person services who do not have their own business rates assessment; iii. Personal Care services i.e. hairdressers, beauty therapists, physiotherapists, who either operate mobile, at home, or in a shared space which is legally required to close, where these businesses are not the direct business ratepayer; iv. Regular market traders who do not sell essential goods as outlined in Government legislation. Those who sell essential goods may also be eligible where their regular market has been cancelled by organisers and they are unable to attend.

Category B Businesses that have been able to stay open and have a rateable value which supply the closed retail, hospitality, and leisure sectors. This should not include businesses where supply to essential retail accounts for 50% or more of their business.

Category C Businesses based within South Lakeland in the events sector who have had at least 1 event planned and cancelled in November 2020.

Category D Any other business not covered above which is able to demonstrate that they have been severely impacted by the latest round of restrictions only. As these businesses are undefined, further evidence may be requested where it is not easily evident to the assessor that they meet this criteria. This category will only be considered if there are adequate remaining funds once Categories A, B and C have been assessed.

Category E Businesses that have received a Local Restrictions Support Grant (Closed) can also apply for the Additional Restrictions Grant if they remain severely impacted by the lockdown period even after having received a Local Restrictions Support Grant (Closed). For such businesses, a top up grant of £1,000 may be available and considered on a case by case in the following scenarios:

a) Larger local businesses which are considered to be important to the local economy, this could either be on an SLDC wide basis, or particularly important to a town or village; b) Businesses considered to have unusually high costs, relevant to their size, as a result of national restrictions.

Page 162 14. Category E will only be considered if there are adequate remaining funds once Categories A-D have been assessed. This scheme will be made available after the closing date of the main scheme and details will be available on our website. Applications for the Categories A-D should be made by the 20th December 2020.

15. Applications from businesses under ARG that are in the business ratings list with a rateable value should submit one application per hereditament (property). Businesses outside the business ratings list without a rateable value should only submit one application per business.

16. The Council reserves the right to reject application or withdraw this grant scheme based on the amount of funding remaining, and should demand far outstrip the funding allocation, priorities will be based on the ordering of the categories above.

17. Companies that are in administration, are insolvent or where a striking-off notice has been made are not eligible for funding under this scheme.

18. This scheme is aimed at local businesses, therefore in order to be eligible for the fund, the business will have to be predominantly based in SLDC with the majority of their business or headquarters in SLDC.

How much is available? 19. The Council has received £2,101,760 as a one off payment to support businesses. This can be spent during this and the next financial years and the Council has no guarantee that it will receive further funding of this kind. Therefore the Council reserves the right not to spend the full allocation during this initial grants programme in order to ensure future finance is available to support businesses over a longer time period for which the grant has been issued. 20. The guidance states that: ‘Local authorities will have the discretion to alter the amount of funding offered to individual businesses and the frequency of payment’ when compared to the Local Restrictions Support Grant (Closed). However, to ensure parity between businesses in both schemes, the Council will initially use the same grant amounts, and reserves the right to alter this at a later date.

21. For businesses eligible for this funding, who are ratepayers of hereditaments on the rating list, grant amounts will be equal to the Local Restrictions Support Grant (LRSG) scheme: a) Businesses occupying hereditaments appearing on the local rating list with a rateable value of exactly £15,000 or under on 5 November will receive a payment of £1,334

b) Businesses occupying hereditaments appearing on the local rating list with a rateable value over £15,000 and less than £51,000 on 5 November will receive a payment of £2,000

Page 163 c) Businesses occupying hereditaments appearing on the local rating list with a rateable value of exactly £51,000 or above on 5 November, will receive £3,000

22. For those businesses eligible for this funding who are not the ratepayers or fall outside the business rates list (no rateable value), the grants will be awarded on size, based on number of employees as follows:

Number of 0-9 10-24 25+ employees Grant amount £1,334 £2,000 £3,000

Application process 23. Due to the lower value of the grant awards the Council therefore has confidence in opening up the scheme to businesses to apply, without utilising a two week application window approach as was previously taken. Applicants should however not rush their application and take time to ensure all questions have been answered clearly and correctly with the appropriate evidence provided. If not, then this is likely to slow down the process of getting grant funding out to businesses or could lead to the grant application being refused for failure to provide the correct information in the requested format. 24. The Council will review this scheme on 1 December 2020 in light of Government proposals for 3rd December 2020 onwards. 25. An online application for the grant fund will be made available on SLDC’s website. Please ensure your application is returned answered fully with all the relevant documents attached. If you do not have access to the internet then please can 01539 733333 and a Council Officer will be able to complete the form with you over the phone. 26. It will be important that you provide all the information accurately and truthfully, and provide all the supporting documents that are requested. Failure to do so could lead to your application being declined or significantly delayed. 27. Once your application has been received, the Council will seek to reach a decision within 10 working days, and for successful applicants to receive the money within 15 working days of their application being submitted. 28. You must answer all of the questions honestly when completing your application, if the Council suspects any business is trying to fraudulently claim the grant, it will investigate accordingly. Where evidence of fraud is present, we will prosecute the offending business. Appeals Process 29. There is no right to appeal and the decision of the Council is final.

Page 164 30. The Council’s interpretation of this document is at its own discretion and it will be the final arbiter of the definitions contained within this policy. What evidence will I need to provide? 31. The Council is relying on businesses to be honest and open with the Council and present to us their evidence of need and eligibility for the Additional Restrictions Grant. 32. As part of your application you will need to provide the following information.

Information Evidence Required Comment Payment details Copy of bank statement This must match the name of the clearly showing name, business or individual listed on the address, sort code and business rates bill or account number lease/mortgage agreement Evidence of trading on or This will be done on self- Where you have a business rates before 4 November 2020 declaration and verified account this will be sufficient as using other evidence the date liable will be used. For provided as part of your businesses that are not rated we application. reserve the right to ask for additional evidence if required. This could be in the form of stock orders, lease agreements etc. Evidence of eligibility This will be done by way If you are unsure whether state aid under state aid rules of self-declaration on the applies to your business you need online application form to seek independent legal advice

Definitions 33. “Bed and Breakfast” - The property should be wholly or mainly used as guest premises and will in most cases be registered as a food businesses with the Council. Properties which are mainly domestic and renting a spare room through ‘Air BnB’ or similar are not eligible. 34. “Self-catering holiday cottage” - Self-catering holiday cottages which are available to let for short periods that total 140 days or more per year should be rated as a self- catering property and valued for business rates. Those which are registered for business rates will be eligible through the Local Restrictions Support Grant (Closed) scheme, those which meet the criteria to be registered for business rates but have not yet transferred over will be eligible through this scheme. Those who do not meet the 140 days criteria will not be eligible for either scheme. 35. “Market Traders” refers to traders on weekly or monthly markets or street traders. Where market traders operate in more than one Cumbrian Local Authority area, they should apply to only one Local Authority for a grant, this should be the Local Authority area in which they primarily operate.

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State Aid 36. The United Kingdom left the EU on 31 January 2020, nonetheless under the Withdrawal Agreement the State aid rules continue to apply during a transition period, subject to regulation by the EU Commission. The local authority must be satisfied that all State aid requirements have been fully met and complied with when making grant payments, including, where required, compliance with all relevant conditions of the EU State aid De- Minimis Regulation, the EU Commission Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak, the approved COVID-19 Temporary Framework for UK Authorities, and any relevant reporting requirements to the EU Commission.

37. The Council will require each business to confirm that by accepting the grant payment, the business confirms that they are eligible for the grant scheme, including that any payments accepted will be in compliance with State aid requirements.

Tax 38. Grant income received by a business is taxable therefore funding paid under the Additional Restrictions Grant will be subject to tax. Only businesses which make an overall profit once grant income is included will be subject to tax.

Data Protection 39. We are committed to protecting your personal data and privacy and to complying with the requirements of the General Data Protection Regulation (GDPR), the Data Protection Act 2018 and other privacy laws. The information you supply on this form may be shared with our contractors and partners, who help to deliver our services. We will only retain your personal data for as long as necessary to fulfil the purposes it was collected for, after which time it will be securely deleted. For more information on how we protect your personal data, see our Privacy Policy.

Right to update the policy 40. The Council reserves the right to update and change this policy without notification or prior warning in the event that the government updates or changes its guidance to us or in the event of an error or omission.

Page 166 Public Document Pack Item No.14b

Please note this is a Part 1 (Public) report and will be published on the website any Part 2 (Confidential) information should be included in a separate document as an Appendix. EMERGENCY DELEGATED EXECUTIVE DECISION In accordance with the Leaders decision and noted by Cabinet on 25/03/2020 to delegate to the Chief Executive any executive decision in this COVID 19 Global pandemic emergency or that is urgent or that would be necessary or expedient, or which would otherwise protect the Council’s interests, including key decisions. South Lakeland District Council Emergency Delegated Executive Decision Waiving Car Parking charges in the Westmorland Shopping Centre Car Park in Kendal for NHS and Primary care staff directly involved in the management and operation of the Vaccination Centre and for those members of the public attending the centre to receive their Vaccinations.

Date:1st February 2021 Reference:015

Reason for emergency The Chief Executive received emergency delegated executive decision making powers on the 25th March 2020. It is considered that this decision is necessary or arises from the COVID 19 Global pandemic emergency. The matter is urgent, necessary and expedient and is needed to protect the Council’s interests. The decision is required to be taken due to support the national Covid19 Vaccination program roll out be as effective as possible.. This is a Key Decision N (A key decision means an executive decision which, in relation to an executive function, has a significant effect on communities in two or more Wards of the Council and/or is likely to result in the Authority incurring expenditure or making savings above £100,000)

Portfolio: Customer and Commercial Services and People Portfolio Decision Maker: Chief Executive Report Author: Simon Rowley - Director of Customer and Commercial Services Wards: Kendal Forward Plan: Not applicable

1.0 Expected Outcome and Reasons for Proposed Decision 1.1 As part of the National Covid Vaccination Program currently underway , a Mass Vaccination Centre has been established within the Westmorland Shopping Centre in Kendal , staffed by Local NHS and Primary Care Staff , which went live on 1st February 2021 .To support the staff involved in the management and operation of this critical centre, it is recommended that Car Parking Charges are waived for those directly involved in the

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vaccination centres operation and those members of the community called to appointments to receive their Vaccination in the centre. 2.0 Proposed Decision 2.1 It is recommended that the Chief Executive:- (1) Agrees to waive Westmorland Shopping Centre Car Park charges for those NHS and associated staff involved directly in the management and operation of the Mass Vaccination Centre within the Westmorland Shopping centre; and (2) Agrees to waive the Westmorland Shopping Centre Car Park charges for those members of the public attending the Vaccination Centre to receive their Covid Vaccine.

Review Date: 10 September 2021

3.0 Background and Proposals 3.1 On the 23rd March 2020 the Government introduced `lock down` measures across the country in response the Coronavirus pandemic. On the 25th March 2020 Cabinet made a decision to no longer actively patrol, monitor or enforce within its public car parks, and placed signage on its pay and display machines to this effect. This decision was for an initial 3 weeks reviewable on the 13th April in line with the governments published review date on restrictions. Following the initial review date, no changes were made and the arrangements continued. 3.2 However in light of the Governments `Covid-19 Recovery Strategy`, released on the 11th May, entitled `Our Plan to Rebuild`, which included the lifting of travel restriction from those only in certain prescribed circumstances to a position of permitting “people may drive to outdoor open spaces irrespective of distance “ Consultation with partner organisations took place , and these partner organisations made decisions to recommence charging in their public car parks within the Lake District National Park boundaries commencing on the 15th May 2020. If we were to maintain the temporary free parking arrangements introduced on the 23rd March 2020 then there was significant risk of visitors choosing our free parking offer and the ability to manage social distancing would be severely compromised and Public Health Risks increased. The authority took the decision to reintroduce charging, patrols, monitoring and where considered absolutely necessary, enforcement on its car parks within the National park Boundaries only, from the 15th May 2020 , in line with other operators. 3.3 In line with the government’s advice regarding the reopening of non-essential retail premises on the 15th June , Cabinet agreed on the 24th June that car parking charges , patrols, monitoring and enforcement will recommence in all the authorities public car parks from the 15th June 2020. 3.4 Free parking for those on duty as an NHS staff member, health or social care worker, or NHS Volunteer Responder continued to be supported via special parking pass available from their employer. 3.6 Previous car park offers continued to be available to users including the early bird offers and reduced hourly rates and daily prices on some car parks, and the full range of permits. 3.7 As part of the National Covid Vaccination Program currently underway, a Mass Vaccination Centre has been established within the Westmorland Shopping Centre in Kendal , staffed by Local NHS and Primary Care Staff , which went live on 1st February 2021 .To support the staff involved in the management and operation of this critical centre, it is recommended that Car Parking Charges are waived for those directly involved in the vaccination centres operation and those members of the community called to appointments to receive their Vaccination in the centre.

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4.0 Consultation 4.1 The Portfolio holder and Leader of the council have been consulted and are supportive of the proposals. 5.0 Alternative Options 5.1 Car Parking charges could continue to be levied on all car park users , however this is not recommended as it could deter some members of the community accessing essential vaccinations against Covid19. Additionally the effective functioning of the vaccination centres requires that Staff working within it can access parking within close proximity. 6.0 Links to Council Priorities 6.1 Health and Environment- Improving wellbeing and reducing disadvantage 7.0 Implications Financial, Resources and Procurement 7.1 It is considered that the loss in Parking Revenue will be marginal . Human Resources 7.2 There are no direct additional requirements on staffing . Legal 7.3 There are no direct legal implications arising from this report Health, Social, Economic and Environmental 7.4 Have you completed an Health, Social, Economic and Environmental Impact Assessment? No 7.5 The National Covid19 Vaccination Program is an essential means, wherby we as a nation can arrest the continuing devastating effects of the pandemic , the decision to waive charging for NHS staff members and those from the primary care networks, that are working to deliver the vaccines from this centre supports the vaccine roll out, aids the recovery of our communities and protects lives.

Equality and Diversity 7.7 Have you completed an Equality Impact Analysis? No 7.8 The decision to waive parking charges as described will apply to all members of the public called to receive their vaccine at the centre. Risk Risk Consequence Controls required To not waive charges for those Public are put off attending Agree to the waiving of the key staff managing and to receive their vaccines car parking charges for operating the mass vaccination and associated staff those staff managing and centre and those attending to impacted when operating the mass receive their vaccines undertaking this vital work. vaccination centre and those attending to receive their vaccines

Contact Officers Sion Thomas – Operational Lead Delivery and Commercial Services Simon Rowley – Director of Customer and Commercial Services

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Background Documents Available Name of Background document Where it is available Cabinet decision – CEX/117 https://democracy.southlakeland.gov.uk/mgAi.aspx?I

D=19409 Approved by: Signature and Date ( or email confirmation) Chief Executive 10.02.21 Or such person as delegated by N/A the Chief Executive in writing In consultation with The Leader of the Council 04.02.21 And Relevant Portfolio Holder 05.02.21 CMT Directors N/A The following interests were N/A declared – disclosable pecuniary interest or other or none

Due to COVID 19 and Government Yes announcements , it has not been possible for this Key decision to be included in a Forward Plan at least 28 clear days before the decision was to be made. It is not possible to comply with the General Exemption procedure. In accordance with Part 4 of the Constitution - Rules of Procedure – Access to Information Rules – Paragraph 16, the Chairman of the Overview and Scrutiny Committee (Cllr Hughes) has agreed that the taking of the decision is urgent and could not reasonably be deferred because for the reasons outlined in this report and the timescales required to protect the public/business interest and to comply with Government advice. This being “special urgency” In accordance with Part 4 of the Yes Constitution – Rules of Procedure – Overview and Scrutiny Procedure Rules - paragraph 16(j), the Chairman of the Council (Cllr Coleman) agrees that this decision is reasonable in all the circumstances and that it is treated as urgent for the reasons outlined above and, therefore, the decision is exempt from call-in.

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