(Public Pack)Agenda Document for Council, 10/12/2018 18:00

Public Document Pack

Council

Town Hall Wallasey

30 November 2018

Dear Councillor

You are hereby summoned to attend a meeting of the Council to be held at 6.00 p.m. on Monday, 10 December 2018 in the Council Chamber, within the Town Hall, Wallasey, to take into consideration and determine upon the following subjects : -

This meeting will be webcast at https://wirral.public-i.tv/core/portal/home

Contact Officer: Patrick Sebastian Tel: 0151 691 8424 e-mail: [email protected] Website: http://www.wirral.gov.uk

AGENDA

1. DECLARATIONS OF INTEREST

Members of the Council are asked to consider whether they have any disclosable pecuniary interests and/or any other relevant interest, in connection with any matter to be debated or determined at this meeting and, if so, to declare it and state the nature of such interest.

2. CIVIC MAYOR'S ANNOUNCEMENTS

To receive the Civic Mayor's announcements and any apologies for absence.

3. PROCEDURAL MATTER

Further to Minute 42, Council 15 October 2018, Council is advised that, should it so determine, use of Electronic Voting will require suspension of the current Standing Order 18. 4. MINUTES (Pages 1 - 30)

To approve the accuracy of the minutes of the meeting of the Council held on 15 October 2018.

5. PETITIONS

To receive petitions submitted in accordance with Standing Order 21.

6. PUBLIC QUESTIONS

To deal with questions from members of the public, in accordance with Appendix 1 to Standing Orders – up to 30 minutes.

7. LEADER'S, EXECUTIVE MEMBERS' AND CHAIRS REPORTS (Pages 31 - 60)

To receive the written reports of the Executive and Overview and Scrutiny Committee Chairs, and to receive questions and answers on any of those reports in accordance with Standing Orders 10(2)(a) and 11.

8. MEMBERS' QUESTIONS

To consider Members’ general questions to the Civic Mayor, Executive or Committee Chair in accordance with Standing Orders 10 (2)(b) and 11.

9. MATTERS REFERRED FROM OVERVIEW AND SCRUTINY COMMITTEES OR OTHER COUNCIL COMMITTEES

To consider and determine any references from the Overview and Scrutiny Committees and any other Council Committees.

'Call-In' of the decision taken by the Joint Strategic Commissioning Board (Cabinet Committee) (Pages 61 - 68)

A referral from the Adult Care and Health Overview and Scrutiny Committee meeting of 27 November, 2018.

Report of the Director: Governance and Assurance, Monitoring Officer that includes the resolution of the Adult Care and Health Overview and Scrutiny Committee is attached (Minute 32, 27 November 2018 to follow).

Item: ‘Call-In’ of the decision taken by the Joint Strategic Commissioning Board (Cabinet Committee) on 16 October, 2018 relating to ‘Wirral Health and Care Commissioning Pooled Fund Arrangements’. Supporting documentation can be viewed on the Council website here. 10. VACANCIES (Pages 69 - 72)

To consider a report of the Director of Governance and Assurance on the appointment of Committee places, attached.

To receive nominations, in accordance with Standing Order 25(6), in respect of any proposed changes in the membership of committees, and to approve nominations for appointments to outside organisations.

COMMITTEES

Adult Care and Health Overview and Scrutiny Committee Labour nominee for the vacant Vice Chair post, to replace Councillor Moira McLaughlin.

Children and Families Overview and Scrutiny Committee (Vice Chair) Labour nominee for the vacant Vice Chair post, to replace Councillor Moira McLaughlin.

Standards and Constitutional Oversight Committee (Chair) Labour nominees for the position of Chair and/or Vice Chair.

STATUTORY AND ADVISORY COMMITTEES

Discharge from Guardianship by Wirral Council under the Mental Health Act 1983 Panel Labour nominee to replace Councillor Moira McLaughlin.

Standing Advisory Committee on Religious Education Labour nominee to replace Councillor Moira McLaughlin.

Schools’ Joint Consultative Committee Labour nominee to replace Councillor Moira McLaughlin.

11. MATTERS REQUIRING APPROVAL OR CONSIDERATION BY THE COUNCIL

To consider any recommendations of the Executive or Council Committees which require the approval or consideration of the Council.

A. Revised Pension Board Terms of Reference (Pages 73 - 86)

A referral from the Pensions Committee of 16 July, 2018 (minute 10 refers) attached.

The Council is requested to agree the revisions to the Pension Board’s Terms of Reference (attached) and their adoption into the Council’s Constitution. Supporting documentation can be viewed on the Council website here. B. Draft Statement of Policy - Gambling Act 2005 (Pages 87 - 134)

Licensing Act 2003 Committee, 17 October 2018, (Minute 9 refers) attached.

The Council is requested to approve the Statement of Policy – Gambling Act 2005 attached. The committee report and appendices can be viewed on the Council website here.

C. Code of Corporate Governance (Pages 135 - 148)

Audit and Risk Management Committee, 19 November 2018, (Minute 36 refers) attached.

The Council is requested to approve that the Council’s Constitution be updated to include the revised Code of Corporate Governance and new governance framework attached. The committee report and appendices can be viewed on the Council website here.

D. Quarter 2 Budget Monitoring Report - Revenue (Pages 149 - 150)

Cabinet, 26 November 2018, (Minute 35 refers) attached.

The Council is requested to approve that Capital Receipts funding for the Children’s Services transformation program be brought forward from 2017/18 in the amount of £1.1 million. The report and appendices can be viewed on the Council website here

E. Quarter 2 Budget Monitoring Report - Capital (Pages 151 - 152)

Cabinet, 26 November 2018, (Minute 36 refers) attached.

The Council is requested to approve the revised Capital Programme of £60.9 million for 2018/19, as set out in Table 1 of the report and below:

£000 Programme agreed by Cabinet on 16 July 2018 86,391 Re-profiling (26,869) Additional requirements 2,989 Reduced requirements (1,563 ) Revised 2018/19 Programme 60,948 Table 1: Capital Programme 2018/19 as at 30/9/18

Capital June September Actual Strategy Spend Sept 2018 £000 £000 £000 £000 Adult Care & 7,912 8,543 3,468 381 Health Business 4,990 3,729 5,489 777 Management Children’s 19,099 20,852 18,341 7,542 Services Delivery 25,775 34,280 22,724 7,435 Services Economic & 16,785 18,987 10,926 157 Housing Growth Total 74,561 86,391 60,948 16,292 expenditure

The report and appendices can be viewed on the Council Website here.

F. Council Tax 2019/20 (Taxbase, Discounts and Exemptions and Council Tax Support Scheme) (Pages 153 - 154)

Cabinet, 26 November 2018, (Minute 39 refers) attached.

The Council is requested to agree the following recommendations of Cabinet:

1 The figure of 93,497.8 be approved the Council Tax Base for 2019/20.

2 The level and award of each local discount for 2019/20 be:-

Wirral Women’s & Children’s Aid

To continue to award Wirral Women & Children’s Aid 100% discount

Care Leaver’s Discount

To award Care Leaver’s the requisite discount to reduce their Council Tax liability to zero until they are 25, from 1st April 2019. This remains unchanged from 2018/19.

Empty Property Discounts

Discount category D = 0% Full charge on properties undergoing renovations. Discount category C = 0% Full charge on empty properties from date they become unoccupied.

Both remain unchanged

Empty Property Premium = 200%. Unfurnished properties empty for more than two years. This is a change from 150% in 2018/19 allowed by the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018.

This change was reported in last year’s report.

Council Tax Discretionary Relief Scheme

The Council Tax Discretionary Hardship Relief Scheme continues in its current format for 2019/20.

Council Tax Support Scheme

3. The Council Tax Support Scheme approved for use in 2018/19 is also approved as the Scheme for 2019/20 with additional amendments to incorporate the introduction of Full Service for Universal Credit, including backdating of reduction for up to 3 months.

The report and appendices can be viewed on the Council website here.

G. Wirral Together: Getting the Basics Right - A New Model for Community Engagement (Pages 155 - 158)

Cabinet, 26 November 2018, (Minute 41 refers) attached.

The Council is requested to agree the recommendation of Cabinet that:

The provisions relating to Constituency Committees be removed from the Council’s Constitution (Council’s executive arrangements). The report and appendices can be viewed on the Council website here.

12. NOTICES OF MOTION (Pages 159 - 170)

Notices of motion submitted in accordance with Standing Order 7(1), are attached. They are listed in accordance with Standing Order 7(2), and the full text of each motion is attached. The Mayor, having considered each motion, in accordance with Standing Order 7(4) has decided that each will be debated:

1. On-going impact of New Ferry explosion 2. Post Office Services

3. Taking every opportunity to reform Universal Credit

4. Climate Emergency

5. Cuts to Merseyside Fire and Rescue Authority

6. A Free School for Wirral

7. Time to end the Hoylake Golf Course Development

8. Paid Leave for Domestic Abuse Victims

9. Police Crime Commissioners to rethink Policing priorities in the interests of Wirral residents

10. Taking back control of our buses

Director: Governance and Assurance

Audio/Visual Recording of Meetings

Everyone is welcome to record meetings of the Council and its Committees using non-disruptive methods. For particular meetings we may identify a ‘designated area’ for you to record from. If you have any questions about this please contact Committee and Civic Services (members of the press please contact the Press Office). Please note that the Chair of the meeting has the discretion to halt any recording for a number of reasons, including disruption caused by the filming or the nature of the business being conducted.

Persons making recordings are requested not to put undue restrictions on the material produced so that it can be reused and edited by all local people and organisations on a non-commercial basis. This page is intentionally left blank Agenda Item 4

COUNCIL

Monday, 15 October 2018

Present: The Civic Mayor (Councillor Geoffrey Watt) in the Chair Deputy Civic Mayor (Councillor Tony Smith)

Councillors RL Abbey S Foulkes B Mooney T Anderson S Frost C Muspratt B Berry A Gardner T Norbury J Bird P Gilchrist C Povall C Blakeley JE Green L Rennie A Brame EA Grey L Rowlands P Brightmore P Hackett C Spriggs D Burgess-Joyce P Hayes J Stapleton K Cannon A Hodson P Stuart C Carubia K Hodson M Sullivan P Cleary AER Jones A Sykes W Clements C Jones T Usher T Cottier S Jones J Walsh T Cox T Jones S Whittingham A Davies M Jordan I Williams G Davies S Kelly KJ Williams P Davies B Kenny S Williams WJ Davies I Lewis J Williamson P Doughty C Meaden G Wood D Elderton J McManus G Ellis D Mitchell

Apologies Councillors A Leech M McLaughlin

Prior to the meeting formally commencing and at the invitation of the Civic Mayor, Rev David Chester led the Council in prayer.

40 PROCEDURAL MOTION

It was moved by Councillor Ron Abbey and seconded by Councillor Phil Davies that –

“That Standing Order 9(1) be suspended and the guillotine come into effect at 8.30pm.”

Councillor Chris Blakeley moved and it was seconded by Councillor Phil Gilchrist that –

Page 1 “That Standing Order 9(1) be suspended and the meeting conclude after all debates.”

Prior to the vote on the motion moved by Councillor Ron Abbey, a number of Members rose to request a ‘card vote’. A recorded vote was then taken on the motion and the Council divided as follows:

For the motion (35) – Councillors R Abbey, J Bird, P Brightmore, K Cannon, T Cottier, A Davies, G Davies, P Davies, W Davies, P Doughty, S Foulkes, S Frost, E Grey, P Hackett, AER Jones, C Jones, S Jones, T Jones, B Kenny, J McManus, C Meaden, B Mooney, C Muspratt, T Norbury, PA Smith, C Spriggs, J Stapleton, P Stuart, T Usher, J Walsh, S Whittingham, I Williams, KJ Williams, J Williamson and G Wood.

Against the motion (27) – Councillors T Anderson, B Berry, C Blakeley, A Brame, D Burgess-Joyce, C Carubia, P Cleary, W Clements, T Cox, D Elderton, G Ellis, A Gardner, P Gilchrist, J Green, P Hayes, A Hodson, K Hodson, M Jordan, S Kelly, I Lewis, D Mitchell, C Povall, L Rennie, L Rowlands, M Sullivan, A Sykes and S Williams.

One abstention – Councillor G Watt (Civic Mayor)

Resolved (35:27) (One abstention) – That Standing Order 9(1) be suspended and the guillotine come into effect at 8.30pm.

41 DECLARATIONS OF INTEREST

The Members of the Council were invited to consider whether they had any disclosable pecuniary and/or any other relevant interest in connection with any matters to be determined at this meeting and, if so, to declare it and state the nature of the interest.

Name Item No. and Nature of Declaration Item No. 10(1) – Notice of Motion (Minute 52 refers). Councillor Personal – by virtue of her being a board member on the Kathy Hodson Wirral University Teaching Hospital Foundation Trust. Item No. 10(1) – Notice of Motion (Minute 52 refers). Councillor Personal – by virtue of him being a governor of the Phil Gilchrist Cheshire and Wirral NHS Partnership Trust. Councillor Item No. 10(1) – Notice of Motion (Minute 52 refers). Joe Walsh Personal – by virtue of his daughters working for the NHS. Councillor Item No. 10(1) – Notice of Motion (Minute 52 refers). Tony Norbury Personal – by virtue of his daughter working for the NHS. Councillor Item No. 10(1) – Notice of Motion (Minute 52 refers). Sharon Jones Personal – by virtue of her employment. Councillor Item Nos. 10(3, 5 and 8) – Notices of Motion (Minutes 55, Steve Foulkes 57 and 60 refers).

Page 2 Personal and prejudicial – by virtue of him being a member of the Magenta Living Board. Councillor Item No. 10(1) – Notice of Motion (Minute 52 refers). Christina Personal – by virtue of her daughters working for the NHS. Muspratt Councillor Item No. 10(1) – Notice of Motion (Minute 52 refers). Mike Sullivan Personal – by virtue of his daughter working for the NHS. Item No. 10(1) – Notice of Motion (Minute 52 refers). Councillor Personal – by virtue of her employment, her son working for Mary Jordan the NHS and being the company secretary for a charity at Arrowe Park Hospital. Item Nos. 10(3, 5 and 8) – Notices of Motion (Minutes 55, Councillor 57 and 60 refers). Jeff Green Personal and prejudicial – by virtue of him being a member of the Magenta Living Board. Councillor Item No. 10(1) – Notice of Motion (Minute 52 refers). Adrian Jones Personal – by virtue of his wife working for the NHS. Councillor Item No. 10(1) – Notice of Motion (Minute 52 refers). Chris Jones Personal – by virtue of her employment. Councillor Item No. 10(1) – Notice of Motion (Minute 52 refers). Angela Davies Personal – by virtue of her employment.

42 CIVIC MAYOR'S ANNOUNCEMENTS

The Civic Mayor noted that apologies had been received from Councillors Moira McLaughlin and Anita Leech.

The Civic Mayor commented on the 85 engagements which he and the Mayoress had undertaken since July and referred to a number of highlights including the launch of the RRS David Attenborough and the Mayor’s charity ball.

The Civic Mayor then asked the Director of Governance and Assurance to inform the Council about the voting arrangements.

Philip McCourt advised the Council that the current Standing Order 18 referred to the ‘…normal method of voting at meetings of the Council shall be by show of hands…’ and that the Council therefore needed to determine if they now wished to use the electronic voting system.

On a motion by Councillor Phil Davies, seconded by Councillor George Davies, it was –

Resolved (unanimously) – That the electronic voting system be used for all votes at this meeting.

Page 3 43 MINUTES

The minutes of the meetings of the Council held on 9 July (ordinary meeting) and on 10 September, 2018 (extraordinary meeting) had been circulated to Members. On a motion by the Civic Mayor, seconded by Councillor Phil Davies, it was –

Resolved (61:0) – That the minutes of each meeting be approved and adopted as a correct record.

44 PETITIONS

A. In accordance with Standing Order 21, the Mayor received a petition submitted by Councillor Brian Kenny of some 3,853 residents against the proposed closures of minor injury / illness services by Wirral NHS CCG.

The Civic Mayor was advised that a consultation on the proposal was due to finish soon and with his permission, Dr A Mantgani was allowed to address the Council and speak in favour of the petition and against the proposed closures.

B. The following petition was referred to the Council in accordance with Standing Order 34 (1), having exceeded the threshold of 3000 signatures to trigger a Council debate, in accordance with the Petition Scheme.

A petition of some 15,033 signatures, submitted by Ms Sarah Ashworth and Ms Amanda Lancaster, opposing the proposal for a dog control public space protection order.

Ms Ashworth addressed the Council on behalf of the petitioners.

During the course of the debate it was moved by Councillor Phil Davies and seconded by Councillor George Davies, that –

“(1) The thanks of the Council be accorded to Ms Ashworth and the petition organisers.

(2) Council notes the petition and takes account of the proposals and recommendations of Ms Ashworth.

(3) The report to come before Cabinet next month will take account of the views expressed by the petitioners and the consultation responses.”

Page 4 Councillor Phil Gilchrist moved an amendment which was seconded by Councillor Dave Mitchell, that –

“(1) Council recognises that the practical problems of introducing the scheme as proposed overcome the issues that need to be addressed. (2) Council believes that all offers from local groups willing to work on the reduction of dog fouling should be taken up as an alternative.”

Councillor Chris Blakeley moved an amendment which was seconded by Councillor Paul Hayes, that –

“(1) Council recognises the massive opposition to the introduction of a Public Space protection Order (PSPO) as a method to control dogs and their owners across the Borough.

(2) Council recognises the work carried out by ‘Wirral Good Dogs’ and ‘Peaceful Protests – Wirral Dog Bans’ pointing out that the vast majority of dog owners act in a responsible and respectful manner.

(3) Council also recognises and applauds the previous Cabinet Member, former Councillor Matthew Patrick, for his actions in withdrawing the ban from our beaches.

(4) And, while accepting that part of the proposals, particularly with regards to cemeteries and children’s play areas are sensible, it is clear a blanket PSPO is using a sledgehammer to crack a nut.

(5) Therefore, Council resolves to withdraw its proposals for a blanket PSPO in Wirral, and instead, focus its efforts in targeting irresponsible dog owners through an educational programme, while continuing to issue fixed penalty notices when appropriate.”

Prior to the vote on the amendment moved by Councillor Chris Blakeley, a number of Members rose to request a ‘card’ vote.

Following a number of interventions from Members and advice from the Director of Governance and Assurance on how a ‘card’ vote would be taken in conjunction with the use of the electronic voting system, a recorded vote was taken and the Council divided as follows:

For the amendment (26) – Councillors T Anderson, B Berry, C Blakeley, A Brame, D Burgess-Joyce, C Carubia, P Cleary, W Clements, T Cox, D Elderton, G Ellis, A Gardner, P Gilchrist, J Green, P Hayes, A Hodson, K Hodson, M Jordan, S Kelly, I Lewis, D Mitchell, C Povall, L Rennie, L Rowlands, A Sykes and S Williams.

Page 5 Against the amendment (36) – Councillors R Abbey, J Bird, P Brightmore, K Cannon, T Cottier, A Davies, G Davies, P Davies, W Davies, P Doughty, S Foulkes, S Frost, E Grey, P Hackett, AER Jones, C Jones, S Jones, T Jones, B Kenny, J McManus, C Meaden, B Mooney, C Muspratt, T Norbury, PA Smith, C Spriggs, J Stapleton, P Stuart, M Sullivan, T Usher, J Walsh, S Whittingham, I Williams, KJ Williams, J Williamson and G Wood.

One abstention – Councillor G Watt (Civic Mayor).

The Conservative amendment was therefore lost (26:36) (One abstention).

The amendment moved by Councillor Gilchrist was then put and lost (26:36) (One abstention).

Prior to the vote on the motion moved by Councillor Phil Davies, a number of Members rose to request a ‘card’ vote. A recorded vote was then taken and the Council divided as follows:

For the motion (36) – Councillors R Abbey, J Bird, P Brightmore, K Cannon, T Cottier, A Davies, G Davies, P Davies, W Davies, P Doughty, S Foulkes, S Frost, E Grey, P Hackett, AER Jones, C Jones, S Jones, T Jones, B Kenny, J McManus, C Meaden, B Mooney, C Muspratt, T Norbury, PA Smith, C Spriggs, J Stapleton, P Stuart, M Sullivan, T Usher, J Walsh, S Whittingham, I Williams, KJ Williams, J Williamson and G Wood.

Against the motion (26) – Councillors T Anderson, B Berry, C Blakeley, A Brame, D Burgess-Joyce, C Carubia, P Cleary, W Clements, T Cox, D Elderton, G Ellis, A Gardner, P Gilchrist, J Green, P Hayes, A Hodson, K Hodson, M Jordan, S Kelly, I Lewis, D Mitchell, C Povall, L Rennie, L Rowlands, A Sykes and S Williams.

One abstention – Councillor G Watt (Civic Mayor)

Resolved (36:26) (One abstention) –

(1) That the thanks of the Council be accorded to Ms Ashworth and the petition organisers.

(2) Council notes the petition and takes account of the proposals and recommendations of Ms Ashworth.

Page 6 (3) That the report to come before Cabinet next month will take account of the views expressed by the petitioners and the consultation responses.

45 PUBLIC QUESTIONS

No public questions had been received.

46 LEADER'S, EXECUTIVE MEMBERS' AND CHAIRS REPORTS

The Mayor introduced the summary reports from the Leader, Cabinet Members and Overview and Scrutiny Committee Chairs and asked for questions on any of the reports.

Councillor Chris Blakeley asked a question of Councillor Stuart Whittingham, Cabinet Member for Highways and Transport, whether he was aware of officers from Highways Services having written to community groups to inform them that from Christmas 2019 they would be charged for electricity used in lighting displays and would he withdraw this miserly instruction recognising the great works these community groups do in encouraging people to visit and shop in these towns. Councillor Whittingham agreed that he would supply an answer in writing.

Councillor Dave Mitchell asked a question of Councillor Stuart Whittingham, Cabinet Member for Highways and Transport, on when pothole repairs would be undertaken on the A41 at the junction of Eastham Rake and Stanley Lane, having written 6 times to Highways Services about the matter. Councillor Whittingham agreed that he would supply an answer in writing.

Councillor Mike Sullivan asked a question of Councillor Phil Davies, Leader of the Council, referring to the Wirral Green Spaces Alliance Group on whether it would be possible for all political groups to work together to save the green belt. Councillor Davies stated that he was very sympathetic to this proposed approach as the green belt was something which united the Council. He made the offer to work with other Parties on this issue and asked if they would join with him in trying to persuade the Government to use the lower Office of National Statistics figure for the number of new homes required each year in Wirral. He also asked if the other two party leaders would join with him to put as much influence on owners of brown field sites to build on these sites as soon as possible as he believed that brownfield sites were the only way forward. He had written to the Secretary of State twice asking the Government to allow Wirral to use the lower figure of 477 houses required per year.

Councillor Ian Lewis asked a question of Councillor Janette Williamson, Cabinet Member for Finance and Resources, if she could advise him in writing on how much uncollected and unrecoverable poll tax (community charge) had been written off by the Council since 1991 and did she believe that the policy

Page 7 of non-payment pursued and encouraged by a previous Leader of this Council was reckless. Councillor Williamson agreed to supply a written response.

Councillor Allan Brame asked a question of Councillor Phil Davies, Leader of the Council, regarding the total cost to the Council of staging Liverpool’s Dream, the ‘Giants’. Councillor Davies responded by thanking all the officers who had worked on this event, an evaluation of the economic impact was currently being undertaken by the Liverpool City Region which he would be able to share with Members when it was available. An estimated 80,000 people had attended the event at New Brighton on Friday, 5 October with an overall total of 1.3m across the whole weekend. The previous visit of the ‘Giants’ in 2014 to Liverpool had provided economic benefits of £46m. The cost to the Council was £20,000 with the majority of funding being provided by the LCR Combined Authority, Metro Mayor’s office and a grant from the Arts Council. Some capital improvements had also been made in New Brighton in advance of the event.

Councillor Jeff Green asked a question of Councillor Chris Jones, Cabinet Member for Adult Care and Health, regarding the additional £2m for Wirral University Teaching Hospital to assist with winter planning. Councillor Jones responded that the service was always grateful for more money and that work was undertaken across the health economy with health and social care working together to alleviate winter pressures and would be reported to the Health and Wellbeing Board.

Councillor Andrew Gardner asked a question of Councillor George Davies, Cabinet Member for Housing and Planning regarding the production of the Local Plan. Councillor Davies responded that it had been 14 years since the last Plan was produced, when the three Party Leaders worked together to ensure the Unitary Development Plan came into effect. He acknowledged that the Council was running behind in its production of the latest Local Plan but he would ensure that the Plan was with the Government by May, 2019.

Councillor Dave Mitchell asked a question of Councillor Angela Davies, Cabinet Member for Jobs and Growth, regarding the proposed Eureka Centre at Seacombe and funding for the Wirral Visitor Economy. Councillor Davies responded by acknowledging the substantial part that the Visitor Economy played and the number of roles, professions and employment associated with it. The Council was always looking to increase spend by visitors and to have them stay for longer. She expressed delight at the number of different events organised by the Imagine Wirral team and that they were now working hard for next year’s programme of events when Wirral would be the Liverpool City Region Borough of Culture.

Councillor David Burgess-Joyce asked a question of Councillor Angela Davies, Cabinet Member for Jobs and Growth, regarding Peel Holdings and potential investment in the Borough. Councillor Davies stated that Peel

Page 8 Holdings should have ‘come up to the plate a lot sooner’, although she was pleased with the really positive work on Wirral Waters One, where 500 new homes would be built, providing a real catalyst for the area and that the Council continued to work hard with Peel.

Councillor Mary Jordan asked a question of Councillor Phil Davies, Leader of the Council, if he would support the Wirral Festival of Music, Speech and Drama, which would be celebrating its 70th anniversary in 2019, an organisation which supported children and young people to flourish in all aspects of the arts. Councillor Davies responded that he would.

Councillor Andrew Hodson asked a question of Councillor Phil Davies, Leader of the Council, regarding the withdrawal of Storey Homes from any development associated with the proposed Hoylake Golf Resort and whether he was aware of how unpopular Redrow Homes were on Merseyside. Councillor Davies responded that the project was still at the early stages with the developer undertaking a series of feasibility studies and a detailed report would be going to Cabinet at the end of this year or beginning of the next with the results of these. The next stage would then be to look at the funding and financial package required for house building, the golf course, hotel and links academy. He believed that there would be potentially substantial benefits to jobs and investment in the borough and of the need to look at the evidence for the whole proposed package rather than jumping to any conclusions.

Councillor Tony Cox asked a question of Councillor Angela Davies, Cabinet Member for Jobs and Growth, regarding why no studies had been undertaken for alternative proposals for the proposed Hoylake Golf Resort site, such as a possible wetland resort. Councillor Davies responded that she believed that this was something being explored.

Councillor Jo Bird asked a question of Councillor Janette Williamson, Cabinet Member for Finance and Resources, regarding the community wealth building strategy. Councillor Williamson responded that Neil McInroy of the Centre for Local Economic Strategies was working with the Council on a community wealth building strategy which would enable more of the Wirral pound which the Council and its partners spent to be kept on Wirral to help with the regeneration of the more deprived areas.

Councillor Pat Cleary asked a question of Councillor Angela Davies, Cabinet Member for Jobs and Growth, regarding what efforts were being undertaken to ensure the new Eureka Museum at Seacombe would be at least carbon neutral if not Carbon negative. Councillor Davies expressed excitement at the proposed new museum, having visited the Halifax site and seen first-hand the amazing facilities on offer there. Science and technology were at the forefront of their work and she would ensure that this comment was fed into the project.

Page 9 Councillor Les Rowlands asked a question of Councillor Angela Davies, Cabinet Member for Jobs and Growth, regarding the temporary post of Project Manager for the Wirral Growth Company. Councillor Davies responded by referring to the huge reduction in full time equivalent posts at the Council by 35% since 2011 with barely enough staff to run day to say services. It was not an effective use of public money to employ highly paid staff permanently when they could be brought in for a limited period of time. The Growth Company would be looking at new ways to bring in income for the Council which would lead to an increase in employment, apprenticeships and a hire local / buy local policy.

Councillor Gerry Ellis asked a question of Councillor Phill Brightmore, Cabinet Member for Leisure and Recreation, regarding the decline in the number of people playing golf at a time when the Council was spending money on proposed new golf provision in Hoylake. Councillor Brightmore responded that although it was in decline nationally it remained quite popular on Wirral attracting a large number of events and it was entirely right to invest in this provision but in a new and fresh way.

Councillor Stuart Kelly asked a question of Councillor George Davies, Cabinet Member for Housing and Planning, regarding empty homes and a breakdown of the 42 selective licensing prosecutions. In response, Councillor Davies stated that he would provide a written response on the selective licensing prosecutions With regard to empty properties he referred to the Empty Property Grant of up to £5,000 which was available to help with the refurbishment costs of a property located in a designated Selective Licensing area. There were currently 4 Selective Licensing areas which were in some of the most deprived areas of the Borough and a further 4 areas had been agreed recently by Cabinet.

Councillor Adam Sykes asked a question of Councillor Phil Davies, Leader of the Council, regarding the important part which libraries played with the Council’s cultural services. Councillor Davies responded that he did believe that the arts and culture industry were often seen as nice to have rather than an essential part of the economy. It was his passion to ensure they did take centre stage and thanked Councillor Chris Spriggs for all the work she had undertaken in championing this sector. With regard to libraries and other leisure and cultural services there was a need to ensure they were financially sustainable and Councillor Phill Brightmore would be bringing forward detailed proposals on these reviews with recommendations in the next couple of months.

Councillor David Elderton asked a question of Councillor George Davies, Cabinet Member for Housing and Planning, regarding the consultation methodology for the Local Plan review. Councillor Davies responded that consultation was still ongoing and this would be made available as soon as the figures were released by the Government, which were due on 3

Page 10 December, 2018 and the consultation results would be reported back to Cabinet on 17 December, 2018.

Councillor Bruce Berry asked a question of Councillor George Davies, Cabinet Member for Housing and Planning, regarding the withdrawal of Magenta Living from Property Pool Plus and would this make it harder for people on Wirral to find suitable accommodation. Councillor Davies responded that yes they had withdrawn which did cause a problem as they were the biggest Registered Social Landlord on Wirral. They were still working with the Council on a lot of other properties but the revenue which came into the Council to be a member of Property Pool Plus was no longer there.

Councillor Tony Norbury asked a question of Councillor Janette Williamson, Cabinet Member for Finance and Resources, regarding a forthcoming Policy Forum on 27 November, to be the first of many with grassroots members and Council tax payers, with full cabinet involvement. Councillor Williamson welcomed this as any kind of engagement with the wider community was always welcomed.

Councillor Steve Williams asked a question of Councillor Stuart Whittingham, Cabinet Member for Highways and Transport, regarding requests and problems referred to BAM Nuttall by the public and Members and whether those they had not been able to action before the transfer of the service had all been identified for action. Councillor Whittingham stated that the transfer had all gone smoothly on 1 October and that BAM Nuttall had handed over a number of jobs which were all in hand.

Councillor Kathy Hodson asked a question of Councillor Stuart Whittingham, Cabinet Member for Highways and Transport, regarding the Pothole Action Fund of £563,000 and how much had been spent as it was reported at the Business Overview and Scrutiny Committee in September that only £33,000 of it had been so far. Councillor Whittingham responded that that figure was for the first quarter and the Council had until 31 March, 2019 to spend the funding which it would do.

Councillor Lesley Rennie asked a question of Councillor Tony Jones, Chair of the Environment Overview and Scrutiny Committee, regarding the progress in introducing a ban on overnight parking of campervans at Kings Parade and Coastal Drive in New Brighton. Councillor Jones responded that this matter came under the remit of the Business Overview and Scrutiny Committee and he therefore could not update the Council.

The Civic Mayor informed the Council that the allotted time for this item had been reached and no further questions were to be taken.

Page 11 47 MEMBERS' QUESTIONS

In accordance with Standing Order 10(2) the Council had been advised of four questions.

With the permission of the Civic Mayor, Councillor Chris Blakeley requested that the Council agree to the suspension of Standing Order 10(2) (b) in order that he might ask a question of the Council’s designated spokesperson on Merseytravel Committee of the Liverpool City Region Combined Authority, Councillor Ron Abbey, of which he had given notice to Councillor Abbey.

The Council agreed to this request and Councillor Blakeley asked a question of Councillor Abbey on what processes Merseytravel had in place and what long term plans for bus services in Moreton, following the cessation of services by Avon Buses on 5 October, 2018. Councillor Abbey replied accordingly.

Councillor Pat Cleary asked a question of the Cabinet Member for Jobs and Growth in relation to the proposed golf resort scheme in Hoylake. Councillor Angela Davies responded accordingly.

Councillor Phil Gilchrist asked a question of the Cabinet Member for Environment in relation to the treatment of weeds on the A41 in Eastham. In the absence of Councillor Anita Leech, Councillor Phil Davies responded accordingly.

Councillor Phil Gilchrist asked a question of the Cabinet Member for Highways and Transport in relation to scouting for street lights which were off. Councillor Stuart Whittingham responded accordingly.

Councillor Stuart Kelly asked a question of the Cabinet Member for Highways and Transport in relation to the lack of consultation with Walk and Cycle Merseyside Group on Wirral’s Road Safety Plan. Councillor Stuart Whittingham responded accordingly.

48 VACANCIES

The Council considered a report of the Director of Governance and Assurance on the revision to committee places in light of the resignation of a member of the Labour Group to become an Independent Member.

The Council was asked to receive nominations in accordance with Standing Order 25(6) for any proposed changes to membership of Committees and outside organisations and to agree the appointment of Chairs and Vice-Chairs where appropriate.

Page 12 On motions by Councillor Phil Davies, seconded by Councillor George Davies, it was –

Resolved –

(1) (39:18) (Three abstentions) – That Councillor Pat Hackett be appointed Chair of the Business Overview and Scrutiny Committee.

(2) (59:0) (Two abstentions) – That Councillor Steve Foulkes be appointed Chair of the Planning Committee.

(3) (58:2) (One abstention) – That Councillor Jean Stapleton be appointed Vice-Chair of the Business Overview and Scrutiny Committee.

(4) (58:0) (One abstention) – That Councillor Brian Kenny be appointed Vice-Chair of the Planning Committee.

(5) (62:0) (One abstention) - That the revised constitution and membership of committees for the remainder of the 2018/19 municipal year (including deputies), having regard to the political proportionality requirements of the Local Government and Housing Act 1989 and the Local Government (Committees and Political Groups) Regulations 1990 and relevant case law, be agreed, with the Committee places allocation as set out below:

Committee Places Lab Con L/Dem Green Ind Audit and Risk 9 5 3 1 Management Employment and 8 5 2 1 Appointments Licensing Act 2003 15 9 4 1 1 Licensing, Health & Safety 9 5 3 1 and General Purposes Pensions 10 6 3 0 1

Planning 13 7 4 1 1 Standards & Constitutional 9 5 3 1 Oversight Overview & Scrutiny: 15 8 5 1 1 Business Overview & Scrutiny: 15 9 5 1 Environment

Page 13 Overview & Scrutiny: 15 9 5 1 Adult Social Care Overview & Scrutiny: 15 9 5 1 Children and Families Total 133 77 42 10 2 2

(6) (62:0) (One abstention) - That Council agrees that names of appointees to Committees and outside bodies be given to the Director of Governance and Assurance.

49 MATTERS REQUIRING APPROVAL OR CONSIDERATION BY THE COUNCIL

In accordance with Standing Order 5(2) one matter had been submitted for approval or consideration by the Council (see minute 50 post).

50 QUARTER 1 BUDGET MONITORING REPORT - CAPITAL

The matter requiring approval was in relation to the revised Capital Programme of £86.4 million as recommended by Cabinet at its meeting on 16 July, 2018 (minute 11 refers).

On a motion by Councillor Phil Davies, seconded by Councillor George Davies, it was –

Resolved (61:0) (One abstention) – That the recommendation contained within minute 11 of Cabinet, be approved.

51 NOTICES OF MOTION

Notices of Motion submitted in accordance with Standing Order 7(1) were reported to Council. The Civic Mayor having considered each motion, in accordance with Standing Order 7(4) had decided that they would each be debated and they were determined as detailed in Minutes 52 to 59 below.

52 MOTION - CCG PUBLIC CONSULTATION IN URGENT CARE

Councillor Pat Hackett moved and Councillor Steve Foulkes seconded the following Motion submitted in accordance with Standing Order 7 –

(1) This Council notes the public consultation on urgent care which Wirral CCG launched on 20th September.

(2) Council is totally opposed to any outcome which would see the closure of existing walk-in facilities and minor injury and illness facilities at current urgent care locations in Wirral.

Page 14 (3) Council believes that any new model of urgent care should enhance existing facilities rather than result in closures or reductions in services.

(4) Council supports the objectives of enhancing patient safety, improving patient outcomes, making services more accessible and relieving pressure on Accident and Emergency Departments, but not with the introduction of any private healthcare provider or any of their shell companies to provide any type of service within Wirral, including walk-in provision.

(5) Council encourages residents to have their say on the model proposed by the CCG and welcomes the CCG’s offer to attend relevant Council scrutiny committees during the consultation period to allow detailed scrutiny of their proposals by members.

(6) Any funding bids need to be scrutinised within the scrutiny process. Council also notes that on page 75 of the case for change document that a capital funding bid has commenced for an Urgent Treatment Centre. Council rejects this approach as it undermines the consultation process and believes it would have been better to have waited until the consultation is finished and the results known.

(7) This Council is opposed to all forms of privatisation in the NHS and totally opposes the introduction of any privateers into our local health service be they based in the UK, America or domiciled elsewhere.

(8) This Council is opposed to NHS staff being transferred to the private sector and will work to ensure that all NHS workers are employed by the NHS with their wages and conditions negotiated through collective bargaining with their employer, the NHS, and the trade unions. No contract should be signed with the CCG that leads to private, none-NHS organisations running NHS services or leads to a reduction in services at each current location.

(9) Council believes that all health care should be free at the point of need and all services should be delivered and administered by the NHS.

Following the moving of the motion, the Civic Mayor informed the meeting that the guillotine had now come into effect.

It was then moved by Councillor Phil Gilchrist and seconded by Councillor Phil Davies, “That the guillotine be suspended, to allow debate on this motion”.

The motion was put and carried (61:1) (One abstention).

Page 15 Councillor Phil Gilchrist moved and Councillor Dave Mitchell seconded the following amendment submitted in accordance with Standing Order 12(9) such that the motion be approved subject to –

Insert at end of point (2) - after " ... locations in Wirral.”

“Council recognises that the existing provision was developed to meet the specific needs in local communities and fill recognised and identified gaps in services. In the case of Eastham Walk-In Centre and Clinic, following the reinstatement of the opening hours, the average monthly attendance rose to 1070 visits between May and July 2018. Prior to the restoration of the hours, the average monthly attendance was 732 between January and April 2018. Council, therefore, wishes to know how any planned replacement services can genuinely meet the pattern of local usage, especially as the services assist people from Cheshire.”

Insert at end of point (3) - after " ... reductions in services."

“Council notes the geographical distribution of the GPs' weekend and extended hours services established in September 2018. Council believes that new services have to be fully accessible to residents, that public transport links are a major concern, especially as weekend and evening services may not match daytime services and calls for the locations of services to be genuinely convenient and accessible throughout the hours of provision.”

Councillor Pat Cleary moved and Councillor Mike Sullivan seconded the following amendment submitted in accordance with Standing Order 12(9) such that the motion be approved subject to –

Insert new paragraph 9

“As such, the proposals to sign a legally binding agreement between Wirral Council and the Wirral Clinical Commissioning Group on 16/10/2018 are against the public interest. They would lead to an accountable care system and then an accountable care organisation. This would set in concrete new “care models” that would only provide limited health care for people who can’t afford private health insurance. The proposals therefore represent a clear route to privatisation within the NHS.”

(existing paragraph 9 will then become paragraph 10)

Following a debate conducted in accordance with Standing Order 12, and Councillor Hackett having replied and having accepted the amendment moved by Councillor Gilchrist, the amendment of Councillor Cleary was put and lost (7:54) (One abstention).

Page 16 Prior to the substantive motion, as amended, being put to the vote a number of Members rose to request a ‘card’ vote.

A recorded vote was then taken and the Council divided as follows:

For the motion (62) – Councillors T Anderson, B Berry, J Bird, C Blakeley, A Brame, P Brightmore, D Burgess-Joyce, K Cannon, C Carubia, P Cleary, W Clements, T Cottier, T Cox, A Davies, G Davies, P Davies, W Davies, P Doughty, D Elderton, G Ellis, S Foulkes, S Frost, A Gardner, P Gilchrist, J Green, E Grey, P Hackett, P Hayes, A Hodson, K Hodson, AER Jones, C Jones, S Jones, T Jones, M Jordan, S Kelly, B Kenny, I Lewis, J McManus, C Meaden, D Mitchell, B Mooney, C Muspratt, T Norbury, C Povall, L Rennie, L Rowlands, PA Smith, C Spriggs, J Stapleton, P Stuart, M Sullivan, A Sykes, T Usher, J Walsh, G Watt, S Whittingham, I Williams, KJ Williams, S Williams, J Williamson and G Wood.

Resolved (62:0) –

(1) This Council notes the public consultation on urgent care which Wirral CCG launched on 20th September.

(2) Council is totally opposed to any outcome which would see the closure of existing walk-in facilities and minor injury and illness facilities at current urgent care locations in Wirral. Council recognises that the existing provision was developed to meet the specific needs in local communities and fill recognised and identified gaps in services. In the case of Eastham Walk-In Centre and Clinic, following the reinstatement of the opening hours, the average monthly attendance rose to 1070 visits between May and July 2018. Prior to the restoration of the hours, the average monthly attendance was 732 between January and April 2018. Council, therefore, wishes to know how any planned replacement services can genuinely meet the pattern of local usage, especially as the services assist people from Cheshire.

(3) Council believes that any new model of urgent care should enhance existing facilities rather than result in closures or reductions in services. Council notes the geographical distribution of the GPs' weekend and extended hours services established in September 2018. Council believes that new services have to be fully accessible to residents, that public transport links are a major concern, especially as weekend and evening services may not match daytime services and calls for the locations of services to be genuinely convenient and accessible throughout the hours of provision.

(4) Council supports the objectives of enhancing patient safety, improving patient outcomes, making services more accessible and

Page 17 relieving pressure on Accident and Emergency Departments, but not with the introduction of any private healthcare provider or any of their shell companies to provide any type of service within Wirral, including walk-in provision.

(9) Council believes that all health care should be free at the point of need and all services should be delivered and administered by the NHS.

53 PROCEDURAL MOTION

Prior to moving to the next item, Councillor Chris Blakeley moved and it was seconded by Ian Lewis that, “The guillotine remain suspended.”.

The motion was put and lost (26:34) (One abstention).

54 MOTION - STANDARDS IN PUBLIC LIFE

Councillor David Burgess-Joyce moved and Councillor Ian Lewis seconded the following Motion submitted in accordance with Standing Order 7 –

Page 18 (1) Council believes there should be no place in public life for bullying, harassment and intimidation and regrets that any elected representative is subject to such behaviour.

(2) Council notes that, since the local elections in May, three members have resigned from the Labour Group and the Member of Parliament for Birkenhead, Rt. Hon. Frank Field MP, has resigned from the Parliamentary Labour Party.

(3) Council awaits the outcome of the request for intervention in the local Party by the Leader of the Council to the General Secretary of the Labour Party and resolves to assist in any inquiry should it be invited to do so.

In standing to formally second this motion, Councillor Ian Lewis, with the permission of the Civic Mayor asked a question of the Director of Governance and Assurance regarding a former Councillor, Louise Reecejones, who he understood was seeking to return to the Council, and actions she had not yet completed following a unanimous decision of the Standards and Constitutional Oversight Committee.

The Director of Governance and Assurance informed the Council that a requisition upon the former Councillor to undertake certain actions, should she return to the Council, did stand and it would be for the Council to seek to enforce them.

Having applied the guillotine the Council did not debate this matter.

The motion was put and lost (26:35) (One abstention).

55 MOTION - KEEPING THE BUILDERS' HANDS OFF OUR FARMLAND

Having previously declared personal and prejudicial interests in this item, Councillors Steve Foulkes and Jeff Green vacated the Council Chamber and did not take part in the voting thereon (minute 40 refers).

Councillor Phil Gilchrist moved and Councillor Stuart Kelly seconded the following Motion submitted in accordance with Standing Order 7 –

(1) This Council requests that renewed importance should be attached to the protection afforded to agricultural land as the responses to the Local Plan are considered. Land that is currently in productive agricultural use should not be removed from the Green Belt in view of the need to safeguard future food supplies.

(2) Council believes that the wide fluctuations in our weather, from the extreme cold of March 2018 through the recent hot dry Summer, necessitate greater attention to national food security and supply. Council

Page 19 considers that these conditions and the recent developments in agricultural policy highlight the need to retain good agricultural land rather than bury it under extensive areas of new housing.

(3) Officers are requested to consider the terms of the Agriculture Bill, published on 'Back British Farming Day' on 12 September 2018. This sets out how farmers and land managers will, in future, be paid for “public goods”, such as better air and water quality, improved soil health, higher animal welfare standards, public access to the countryside and measures to reduce flooding. It proposes that farmers will be supported over a seven year transition period in a system that is intended to replace the Common Agricultural Policy.

(4) In addition to this, the Government’s policy statement ‘Health and Harmony: the future for food, farming and the environment in a Green Brexit’ was updated on 14 September 2018. When taken together, these proposals will affect farming across our nation and impact on the future use of agricultural land in Wirral. The uncertain future facing agriculture needs to be addressed.

(5) Council recalls that Policy CS2 - Broad Spatial Strategy (page 19), paragraph 9 states that...

“The focus within rural areas will be on strengthening and diversifying the agricultural economy; re-using existing buildings and previously developed land; providing rural services within established settlements; supporting the beneficial use of best and most versatile agricultural land; providing for local food production and food security; and outdoor sport and recreation; subject to national Green Belt controls and Policy CS3.”

(6) Council also recognises that Chapter 15 in the July 2018 version of the NPPF 'Conserving and enhancing the natural environment' states that …

"170. Planning policies and decisions should contribute to and enhance the natural and local environment by: a) protecting and enhancing valued landscapes, sites of biodiversity or geological value and soils (in a manner commensurate with their statutory status or identified quality in the development plan);

b) recognising the intrinsic character and beauty of the countryside, and the wider benefits from natural capital and ecosystem services – including the economic and other benefits of the best and most versatile agricultural land, and of trees and woodland."

(7) Accordingly, Council requests that officers and Cabinet should give these issues further attention as the need for adequate protection required for Wirral’s Green Belt and farmland becomes ever more

Page 20 pressing and apparent. These views should be submitted as part of the current consultation and drawn to the attention of Wirral's MPs.

Having applied the guillotine the Council did not debate this matter.

The motion was put and carried (58:0) (Two abstentions).

Resolved (58:0) (Two abstentions) – That the motion be approved.

56 MOTION - SUSTAINABLE TRANSPORT FOR WIRRAL WATERS

Councillor Pat Cleary moved and Councillor Allan Brame seconded the following Motion submitted in accordance with Standing Order 7 –

(1) Council notes that existing Government policy, following on from the Paris Summit held in December 2017, includes steps to tackle climate change and emissions. This has been followed by the Zero Emission Vehicle Summit held in Birmingham in September 2018 and the signing of a declaration which set out the aim of...

'Building a smart infrastructure network, planning for the cities of the future today, embedding zero emission infrastructure into the fabric of our urban and rural communities, and enabling provision where consumers need it.’

(2) Council believes that this ought to enable and encourage the development of new settlements where these principles are embedded and designed in from the outset.

(3) Council also notes the proposals by Peel Holdings to incorporate a Streetcar light rail system as an integral part of creating a modern, sustainable transport scheme to support the wider aims of the Wirral Waters development and its belief that ...

“the Wirral Streetcar is a unique opportunity to provide a low cost, scaleable, sustainable, light rail service that could provide a ‘feeder’ service into the Mersey Rail network.”...

and

the existing support for the Streetcar concept from central Government and numerous other agencies.

(4) Council believes the Streetcar proposals offer many potential benefits including:  creating a sustainable, low carbon transport infrastructure for Wirral Waters;

Page 21  minimising car dependency and associated land use thereby freeing up more land for residential development and easing pressure on our precious green belt;  linking existing rail and ferry transport hubs, thereby creating an integrated public transport system that will support residential, commercial and tourism objectives.

(5) Council therefore believes that progress on the Streetcar scheme is important if Wirral Waters is to achieve its full potential for the people of Wirral and that effective cooperation between all relevant parties including Peel Holdings, Wirral Council and Merseytravel is essential to its future success.

(6) To that end, Council requests that the Leader of the Council writes to Merseytravel and Peel Holdings requesting a meeting to:  review progress on the Streetcar scheme  determine how best Wirral Council can practically support the delivery of the Streetcar scheme and reports back to Council on the outcome of this meeting.

Councillor Stuart Whittingham moved and Councillor Phill Brightmore seconded the following amendment submitted in accordance with Standing Order 12(9) such that the Motion be approved subject to the deletion of all after paragraph (2) and the replacement with –

(3) Council believes that transport plays a vital role in the delivery of Wirral Waters and Council is keen that a well-designed transport strategy for the area supports economic growth and regeneration, as well as playing a key part in improving the health of our Borough and reducing the negative impacts on our environment of carbon emissions.

(4) Council notes that Wirral Waters presents numerous challenges in terms of transport infrastructure, in some parts of the site having:

 Poor walking and cycling connectivity and facilities  Limited public transport penetration  Localised congestion (in particular when the bridges are raised)  Severance from the Kingsway Tunnel Approach Road  Poor quality and low capacity highway and junctions – particularly the main junctions surrounding the site itself on Dock Road, Tower Road, Corporation Road and Wallasey Bridge Road

Page 22 secured £3 million investment from the Department for Transport for a Civilised Street Project on Tower Road due to be completed by March 2020. Council is also awaiting outcomes of several other funding applications which if successful will secure approximately a further £1m in improvements for active travel users in the area.

(6) Council is keen to support people’s desire for mobility, to improve connectivity and enable access to opportunities such as employment and education, whilst still ensuring that we reduce carbon emissions, promote behavioural change and take advantage of innovation. Council believes It is essential that a flexible package of transport solutions for Wirral Waters are explored.

(7) Council also recognises the wider strategic transport context, as well as creating new communities at Wirral Waters there will be a new leisure destination at Eureka and regeneration plans for Birkenhead town centre. Through these major projects, and as more developments come on stream, there will be the opportunity to take account and advantage of social and technological changes and develop a package of transport solutions which work now and for future years to ensure that the benefits for our communities are maximised. Given the scale of development coming forward in Wirral it is essential that any solution for the area is flexible to ensure that as new destinations are created, and further developments take place over time that any transport solution can adapt and accommodate the changing patterns of travel needs.

(8) Council is acutely aware that the travel habits of the younger generation are very different from previous generations; there is less desire for car ownership and increased use of mobile technology to support the use of flexible travel services such as Uber. Bus operators are looking at new ways to operate services with services such as Arriva Click being trialled in the City Region.

(9) Council believes that any transport solution for the area needs to meet the ambitions of the Climate Change Strategy and advancements in technology now enable low carbon and zero emission vehicles to meet mobility demands but without having a negative impact on our local environment.

As such Council recommends that the Leader of the Council

a) Recognises the opportunities presented though the development of Wirral Waters and the town centre and moves to look at a package of flexible transport solutions to enable and link the Council’s major investment areas and provide access for residents to the wide range of opportunities available across the sites.

Page 23 b) Instructs Officers to work with the Wirral Growth Company and Peel Holdings to explore a package of options for a transport solution that works for all parties across the investment areas, whilst considering opportunities presented by advancements in technology to support the Councils ambitions. As part of these options the Streetcar concept should be considered but it needs to be underpinned by a robust business case.

c) Instructs officers to work with partners to seek appropriate funding sources on a local and national basis, taking into account opportunities available for new technology and zero emission solutions.

Having applied the guillotine the Council did not debate this matter.

The amendment was put and carried (55:6) (One abstention).

The substantive motion, as amended, was put and carried (55:6) (One abstention).

Resolved (55:6) (One abstention) –

(2) Council believes that this ought to enable and encourage the development of new settlements where these principles are embedded and designed in from the outset.

(4) Council notes that Wirral Waters presents numerous challenges in terms of transport infrastructure, in some parts of the site having:

 Poor walking and cycling connectivity and facilities

Page 24  Limited public transport penetration  Localised congestion (in particular when the bridges are raised)  Severance from the Kingsway Tunnel Approach Road  Poor quality and low capacity highway and junctions – particularly the main junctions surrounding the site itself on Dock Road, Tower Road, Corporation Road and Wallasey Bridge Road

(5) Council notes that, in partnership with Peel Holdings, Council has made significant progress over recent years to start to address these challenges, including a £1.7 million package of cycling and walking improvements funded via the Sustainable Transport Enhancement Programme that is currently being delivered on site, and more recently secured £3 million investment from the Department for Transport for a Civilised Street Project on Tower Road due to be completed by March 2020. Council is also awaiting outcomes of several other funding applications which if successful will secure approximately a further £1m in improvements for active travel users in the area.

(6) Council is keen to support people’s desire for mobility, to improve connectivity and enable access to opportunities such as employment and education, whilst still ensuring that we reduce carbon emissions, promote behavioural change and take advantage of innovation. Council believes it is essential that a flexible package of transport solutions for Wirral Waters are explored.

Page 25 (9) Council believes that any transport solution for the area needs to meet the ambitions of the Climate Change Strategy and advancements in technology now enable low carbon and zero emission vehicles to meet mobility demands but without having a negative impact on our local environment.

As such Council recommends that the Leader of the Council

(a) Recognises the opportunities presented though the development of Wirral Waters and the town centre and moves to look at a package of flexible transport solutions to enable and link the Council’s major investment areas and provide access for residents to the wide range of opportunities available across the sites.

(b) Instructs Officers to work with the Wirral Growth Company and Peel Holdings to explore a package of options for a transport solution that works for all parties across the investment areas, whilst considering opportunities presented by advancements in technology to support the Councils ambitions. As part of these options the Streetcar concept should be considered but it needs to be underpinned by a robust business case.

(c) Instructs officers to work with partners to seek appropriate funding sources on a local and national basis, taking into account opportunities available for new technology and zero emission solutions.

57 MOTION - NEW ONS HOUSING PROJECTIONS

Councillor George Davies moved and Councillor Phil Davies seconded the following Motion submitted in accordance with Standing Order 7 –

(1) Council notes the Office for National Statistics (ONS) has published new data indicating that Wirral will require 7,155 new homes by 2035, and that this is a significant reduction from the original figure of 12,000 new homes derived from the Government’s national formula.

(2) Council recognises that this revised figure vindicates the view of the administration, councillors and many concerned residents that the original figure was too high and was leading to a miscalculation of housing needs which threatened Wirral’s Green Belt.

Page 26 (3) Council further notes that the Leader of the Council had previously written to the minister arguing that the calculation was incorrect, and advocating that Wirral should not have to slavishly follow the Government’s national housebuilding formula and Council is currently awaiting confirmation from the Secretary of State that this new target more accurately reflects the housing needs of Wirral.

(4) In light of the new ONS figures, Council agrees that work on the Local Plan should proceed with the aim of delivering new homes on brownfield sites and avoiding development on Green Belt land.

Councillor Phil Gilchrist moved and Councillor Stuart Kelly seconded the following amendment submitted in accordance with Standing Order 12(9) such that the Motion be approved subject to –

In point (4), delete the words 'and avoiding development on Green Belt land' and insert

“...paying full regard to the content of Chapter 13 of the July 2018 National Planning Policy Framework entitled "Protecting Green Belt Land" which includes paragraph 143 which reiterates that 'inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances’.”

Add new point (5)...

“(5) Council, therefore, requests that work on the identification and study and potential release of the Green Belt sites identified by Cabinet in July 2018 in Appendix 6 of Item 17 should be suspended. Council places on record its thanks to all those who have responded to the consultation and fully recognises the anxiety and stress caused to those who were pressed to submit objections.”

Councillor Cherry Povall moved and Councillor Mary Jordan seconded the following amendment submitted in accordance with Standing Order 12(9) such that the Motion be approved subject to –

Add:

“(5) Welcomes the unanimous resolution of the three parties represented on the Wirral South Constituency Committee (Labour, Conservative and Liberal Democrat) held on 4 October:

(1) That in light of the new figures obtained in regards to housing requirements in Wirral, the period of consultation be extended by a period of at least three weeks; and

Page 27 (2) revised figures be published on the council’s website and appropriate social media outlet

And requests Cabinet implement these recommendations.”

Having applied the guillotine, the Council did not debate this matter.

The amendment moved by Councillor Gilchrist was put and lost (6:51) (One abstention).

The amendment moved by Councillor Cherry Povall was put and lost (24:35) (One abstention).

The motion was put and carried (59:0) (One abstention).

Resolved (59:0) (One abstention) –

(3) Council further notes that the Leader of the Council had previously written to the minister arguing that the calculation was incorrect, and advocating that Wirral should not have to slavishly follow the Government’s national housebuilding formula and Council is currently awaiting confirmation from the Secretary of State that this new target more accurately reflects the housing needs of Wirral.

(4) In light of the new ONS figures, Council agrees that work on the Local Plan should proceed with the aim of delivering new homes on brownfield sites and avoiding development on Green Belt land.

58 MOTION - UTS FOUNDATION, HOYLAKE

Councillor Andrew Gardner moved and Councillor Tony Cox seconded the following Motion submitted in accordance with Standing Order 7 –

(1) Council acknowledges the efforts of the UTS Foundation in Hoylake in its work in helping improve the lives of Wirral residents.

Page 28 (2) Council recognises that giving free personal fitness training programs to cancer patients and survivors, along with the same to disadvantaged young people, is an asset to the Borough.

(3) Council therefore resolves to support and prosper the aims, ambitions and aspirations of the UTS Foundation wherever practicable within the legal framework and existing Council resources.

Having applied the guillotine, the Council did not debate this matter.

The motion was put and carried (61:0) (One abstention).

Resolved (61:0) (One abstention) – That the motion be approved.

59 MOTION - NEW FERRY EXPLOSION

Councillor Jo Bird moved and Councillor Joe Walsh seconded the following Motion submitted in accordance with Standing Order 7 –

Given that it has taken some time to establish the scale of damage to people, business and property arising from the gas explosion in New Ferry in March 2017:

(1) This Council resolves that the Chief Executive makes representations to the Ministry for Housing, Communities and Local Government to reconsider the judgement that the Bellwin disaster scheme does not apply.

(2) Council requests that £500,000 from the Liverpool City Region Metro Mayor’s Town Centre Fund, should in principle be allocated to New Ferry, subject to an application being completed.

(3) Council urges central government to allocate resources to New Ferry commensurate with those allocated to Salisbury.

Having applied the guillotine the Council did not debate this matter.

The motion was put and carried (61:0) (One abstention).

Resolved (61:0) (One abstention) – That the motion be approved.

60 MOTION - HOUSING GROWTH

Page 29 Councillor Gerry Ellis moved and Councillor Chris Blakeley seconded the following Motion submitted in accordance with Standing Order 7 –

(1) Council notes that, in September 2017, the then Department of Communities and Local Government invited local authorities and others to give their views on proposals to reform the planning system.

(2) On the introduction of a national formula to assess housing need, the consultation stated:

The assessment is indicative, as actual figures will depend on the most recent data available at the time the need is calculated.

(3) Council regrets that Wirral did not take part in that consultation.

(4) Council further notes the proposed formula from the Department produced an indicative 803 dwelling units per annum in Wirral (2016-2026), a reduction on the projected need of up to 1,235 dwelling units in the earlier report commissioned by the Cabinet from Nathan Lichfield and Partners.

(5) Council welcomes the latest figures from the Office for National Statistics which have revealed that population growth is slowing and that Wirral, in common with other authorities, will require fewer new dwellings which should avoid the need for mass destruction of the Borough’s Green Belt.

(6) In the light of the latest projections for housing growth, Council calls on the Leader to withdraw support for the Hoylake Golf Resort, which will see large scale building on the Green Belt.

Having applied the guillotine the Council did not debate this matter.

The motion was put and lost (25:34) (One abstention).

Page 30 Agenda Item 7

COUNCIL 10 DECEMBER 2018 CABINET PORTFOLIO SUMMARY REPORT

REPORT OF Councillor Phil Davies CABINET PORTFOLIO Leader of the Council

CO-ORDINATING CHIEF OFFICER Eric Robinson, Chief Executive

EXECUTIVE SUMMARY

This report is an update from the Cabinet Portfolio Holder to Members of the Council on matters relevant to his portfolio.

1 NEW FERRY

I find it impossible to start my update to Council with anything other than New Ferry, and the seemingly impossible struggle to convince national Government that this community deserves their attention and support.

Last time this Council met, Members of all parties resolved to instruct the Chief Executive to once again lobby Government to request the residents of New Ferry receive direct financial support, through the Bellwin scheme or any other appropriate route which would see help provided. This is the same Government which rightly supported communities affected by the Grenfell Tower disaster, the attack in Salisbury and the fire at Hinckley in Leicester.

At the time of writing, this latest letter has not been acknowledged or responded to. In fact, the Secretary of State has written to the MP for Wirral South and implied this Council has not requested financial support for New Ferry at all. This is patently untrue.

Members of Wirral Council need to be fully briefed on the facts of this case. On 7 July 2017, I wrote to Jake Berry MP, minister for the northern powerhouse, asking for financial support. This request was refused on 17 July 2017 on the basis that in the Government’s view for “an incident of this size and impact we would expect these costs to be covered using existing local resources”.

Since then, Wirral Council worked with local community groups to submit a New Ferry Regeneration Plan and sought government help with the rebuilding of the town. It is now more than one year since that regeneration plan was submitted to Government. Again, no offer of help has been forthcoming.

It is absolutely clear: if we want to rebuild New Ferry and support the local community to create a thriving retail centre once more, then we must forget any notion of direct national support and get on with the job ourselves.

We will work alongside the town team, local residents and the ward members to secure regional funding to make sure New Ferry people get the help they deserve.

Read my public comments on this issue in the Wirral Globe. Page 31 2 WIRRAL TOGETHER

Last month at Cabinet we agreed a new way of supporting and engaging our communities, providing more support to local Ward Members at the same time. The Wirral Together fund will replace the existing Constituency Committee funding, and remove the requirement for the Committees to meet publicly.

I hope this decision, and the allocation of individual budgets for Ward Members to invest in their communities, will help every Member in the Chamber make an impact on the issues which are most important to their constituents.

Read more in the Wirral Globe.

3 WIRRAL: LIVERPOOL CITY REGION BOROUGH OF CULTURE

At the outset of 2018, we said our new Imagine Wirral programme would deliver something special. We said it would attract hundreds of thousands of new visitors to our borough, showcasing what makes Wirral special to a bigger audience than ever before. I am so proud of what we delivered.

From Giants, to cardboard castles, light shows in Hamilton Square and exhibitions from world-famous photographers, Imagine Wirral had something for everyone and delivered on every promise.

The finale was the triumphant return of the River of Light.

River of Light: The Elements saw the return of Titanium Fireworks, who wowed crowds last year with a jaw dropping display. Titanium Fireworks have previously worked on national events including the Mayor of London’s New Year’s Eve party, Edinburgh’s Hogmanay and the opening ceremony for the 2014 Commonwealth Games in Glasgow.

Hundreds of thousands lined both sides of the River Mersey, from the Pier Head and New Brighton, to enjoy a spectacular event: world-class fireworks combined with street theatre and family entertainment. It was a fitting way to end what has been a quite incredible year.

Watch the final displays from our Twitter page and read the Wirral Globe and Liverpool Echo for some fantastic photos from an unforgettable evening. Well done to everyone involved.

These innovative and exciting events are helping us make best use of our heritage, leisure and cultural assets to drive tourism, which in turn increases revenue for Wirral’s visitor economy. We are on track to achieve the £450 million visitor economy target we committed to in our Wirral Plan.

Finally, Council will be aware that after the stunning success of our Imagine Wirral programme, we have been selected as the Borough of Culture for the Liverpool City Region in 2019.

We will use this fantastic opportunity to once again raise Wirral’s profile throughout the UK. Members should look out for a series of exciting announcements over the Page 32 coming weeks and months as we finalise plans for events and attractions which will even outstrip the success of 2018.

Page 33 This page is intentionally left blank COUNCIL 10 DECEMBER 2018

REPORT OF Councillor George Davies

CABINET PORTFOLIO Housing and Planning Brian Bailey – Corporate Director for CO-ORDINATING CHIEF OFFICER Housing and Economic Growth

EXECUTIVE SUMMARY

This report is an update from the Cabinet Portfolio Holder to Members of the Council on matters relating to his portfolio.

1 GOOD QUALITY HOUSING THAT MEETS RESIDENTS NEEDS

I want to start my update to Members this month with our Local Plan, which Members are aware is incredibly important. The public consultation period is now complete on our Development Options Review. I want to thank every resident who took part. More than 2000 residents have made their views known, either through attending an event, completing a questionnaire or sending us their comments.

Each and every one of these comments will be read, analysed and fully considered as part of this work. Making sure our Local Plan is truly local, underpinned with local knowledge and the views of our local people, could not be more important.

To make sure every Member in this Chamber is absolutely clear on the current position, I think it is important to set out exactly where we are in our discussions with national Government. We believe the target of 803 homes per year, 12,045 over the course of the 15-year Local Plan, is excessive.

We believe most recent projections from the Office of National Statistics, published in September of this year, should be adopted instead. These projections indicate only 488 homes per year are needed in Wirral.

If we are allowed to use the latest ONS figures, then we will be required to release almost no Green Belt land. At the moment, the Government are not allowing us to use this latest number, instead insisting we must continue with the bigger target and therefore bigger Green Belt release.

They set our targets. We must follow national policy. Unless the Government changes their rules, we must release Green Belt land for residential development. It is as simple as that.

We have lobbied Government, we have responded to the consultation they are currently running, and we will continue to do all we can to protect our Green Belt from top-down national housebuilding targets.

We have recently appointed a QC to work with us on this process, to ensure our Local Plan is robust, appropriate and meets the needs of our residents. At Page 35 the time of writing, final preparations are being made to the report to the Special Cabinet meeting on 17 December, which will talk about our emerging Local Plan in more detail.

We remain committed to delivering a Local Plan which is fit for Wirral – and delivering it in the timescale we have set out – and I pledge to keep all Members full informed as we continue to consult with local people and work with MHCLG.

While it is clearly important to make sure we provide enough new homes in the future to meet our residents’ needs, we must never lose sight of the need to enable our residents now to live in good quality, safe homes. It’s also vital we do everything in our power to move brownfield developments forward quickly.

I am pleased that we have made such excellent progress recently in Wirral Waters in particular. The Wirral Waters One development should shortly be considered by Planning Committee. I want to congratulate my Cabinet colleague Cllr Angela Davies for negotiating such an innovative, attractive and commercial deal with the developer to enable 500 new apartments to come forward.

Finally, I think it is important Members are aware of the work we are doing to bring empty homes back into use. Since April 2015 nearly 900 properties that had been neglected or left unoccupied by their owners have been returned to the housing market, many as a result of the help and guidance offered by the council’s housing team.

More than 120 empty properties have been brought back into use in just the first two quarters of this year, making a big impact on our Local Plan targets but also enabling more residents to find the kind of homes they need for their families. We are well on track to deliver on our Wirral Plan target by March 2020.

Page 36 COUNCIL 10 DECEMBER 2019

CABINET PORTFOLIO SUMMARY REPORT

REPORT OF Councillor Phill Brightmore CABINET PORTFOLIO FOR Leisure and Recreation David Armstrong – Corporate Director for CO-ORDINATING CHIEF OFFICER Delivery Services

EXECUTIVE SUMMARY

This report is an update from the Cabinet Portfolio Holder for Environment to Members of the Council on matters relevant to his portfolio.

1 LEISURE & CULTURE OPPORTUNITIES FOR ALL

We have made significant progress with our detailed review of all leisure, culture, parks and library services. I am unequivocal in my view that we find the best, most sustainable model of delivery for these vital services.

They are all unique, they are all valued and they all play a massive part in delivering our 20 Pledges and improving the quality of life our residents enjoy. That’s why I will not accept or propose any option which does not allow these services to improve, to adapt to meet more modern needs, and thrive into the future.

I also remain steadfast when I pledge that any new model will not lead to compulsory redundancies. Our staff are important, they do a fantastic job and they will be supported.

For both the Floral Pavilion and our municipal golf courses, I am clear on what I feel the best option is. I want these services and facilities to thrive. I want them to be successful, attracting customers and revenue to enable them to continuously improve. To get there, I believe the best option is to bring in a specialist to run them on our behalf.

We want to give these services the best possible chance to be successful. We want them to be able to increase their business, attract more customers and revenue, and be able to expand. I believe our plan will deliver on that challenge and will ensure Wirral residents can benefit from improved services.

I also want to highlight to Members the upcoming 10th anniversary of the opening of the new Floral Pavilion. At the time of writing plans are being put in place for a very special event on 13 December – more news about this will be announced soon.

The Floral Pavilion was the centrepiece of the hugely successful New Brighton regeneration. It was and remains a much-loved local attraction. It is time, in my view, for it to take the next steps in its development and become a thriving, successful theatre in its own right. This way, theatre-lovers can look forward to the next ten years of the Floral Pavilion with huge confidence. Page 37 Read more about the Floral Pavilion in the Liverpool Echo.

We are continuing to develop proposals for the remainder of the services within this review and, over the coming months, I will be bringing forward initial proposals, which we will then use as a basis for more conversations and consultations with everyone who has an interest in these important services.

It’s important our services continue to improve and modernise what they deliver. I was pleased recently to announce early opening at the Oval in Bebington. We are having to continually do more with less, as council resources are squeezed, so I am pleased to be able to say this is yet another example of us maximising the opportunities provided by our leisure centres for Wirral’s residents.

People tell us they want to be able to use our gyms and leisure facilities at times which suit them and by providing this service we hope more people will benefit and help support our leisure facilities. It is my hope that we will be able to continue making improvements such as these across all our leisure centres and I must add my continued thanks to staff who work so hard to ensure we make every effort to provide a high quality service to the public.

Read more in Wirral View.

Page 39 I also want to highlight to Members the new Strategic Investment Fund for the Liverpool City Region. Launched last month by Steve Rotheram, Metro Mayor of the Liverpool City Region, the SIF is a half-billion-pound fund to help transform the city region’s economy, creating high-quality jobs and boosting living standards for local people.

The Strategic Investment Fund will make delivering local jobs and positive social impacts, like paying the living wage, an increasingly significant factor in approving funding. Around £100 million will be available in the first year of the fund, rising to £500 million over four years.

Read more in Wirral View and the Wirral Globe.

I want to update Members on the excellent performance towards our Pledge targets in this area. The first achievement to mention is our progress towards creating and safeguarding jobs, with 373 jobs created/safeguarded in just the first two quarters of 2018/19. This performance is as a result of a number of SME's reporting success and growth, following support from the Council and the Wirral Chamber of Commerce.

It is also heartening to see our overall employment rate continue to rise, with businesses continuing to report good performance. We will continue to support every local business in our borough to grow and succeed.

Finally, I would like to highlight continued exceptional performance in supporting people with disabilities into employment, and pass on my congratulations to my cabinet colleague Cllr Christine Jones. Almost 50% of people with disabilities are now in employment – Wirral’s highest ever level – and we are rapidly closing the gap on the North West and National levels.

Page 40 COUNCIL 10 DECEMBER 2019

CABINET PORTFOLIO SUMMARY REPORT

REPORT OF Councillor Christine Jones

CABINET PORTFOLIO FOR Adult Care and Health Graham Hodkinson – Director of Care CO-ORDINATING CHIEF OFFICER and Health

EXECUTIVE SUMMARY

This report is an update from the Cabinet Portfolio Holder to Members of the Council on matters relevant to her portfolio.

WIRRAL RESIDENTS LIVE HEALTHIER LIVES

I want to start my update to Members with important news about blood pressure levels in our borough. So far this year, an additional 1,613 blood pressures were checked via various community events. Of these, 1 in 3 were ‘raised’, with 3% (almost 50 people) of all tests falling into the ‘urgent intervention required’ category.

The Blood Pressure Beacon Practice pilot comes to an end in December 2018. This has been running for 2 years and was set up in order to drive improvement in the management of high blood pressure within a GP setting.

All health partners in Wirral are reviewing the findings and will be updating services and support to improve this important health issue.

I want to make Members aware of the Balls Road Extra Care Housing scheme, a development of accessible one-bedroom apartments in Birkenhead. These apartments are designed for individuals who require specialist, individualised and person-centred support. Assistive Technology is provided for each apartment and is tailored according to the individual needs and requirements of each tenant. Services are offered to people with disabilities to support them to live independently, with around the clock support, and with their own front door. Balls Road opened in July of this year and the majority of apartments are now occupied.

This is one of a number of developments, which are planned to ensure that people with a disability in Wirral have access to a greater range of supported accommodation and can achieve greater independence.

Our community connector service continues to do great work across the borough. Just in the past few months, 644 community groups have been supported, 7 sparks funds been awarded and 204 community events organised.

Page 41 38 people have entered volunteering, 34 have gone into further education and 23 people have entered employment.

On 17th October, Connect us hosted the ‘Wirral Soup’ event, which allowed six community groups whom have previously received a sparks fund the opportunity to pitch their ideas to a groups of professionals, stakeholders and fellow community members.

During Alcohol Awareness Week, the Council’s public health team have announced a significant reduction in the proportion of alcohol test purchases that resulted in the sale of alcohol to an actor pretending to be intoxicated.

The results come from Drink Less Enjoy More (DLEM), a multi-agency initiative aiming to prevent excessive alcohol consumption and related harms in nightlife settings. Read more in Wirral View.

As part of a national campaign, Public Health England are warning that taking antibiotics when you don’t need them puts you and your family at risk.

Antibiotics are essential to treat serious bacterial infections but they are frequently being used to treat illnesses such as coughs, earache and sore throats that can get better by themselves. Public Health England has relaunched the ‘Keep Antibiotics Working’ campaign to raise awareness of inappropriate antibiotic prescriptions. Read more in Wirral View.

Finally, I would like to congratulate everyone involved at Healthwatch Wirral, which has won a national award recognising its Infobank service for providing health advice to patients and their families.

Developed in partnership with Wirral University Teaching Hospital, the Infobank service offers information on a wide range of services – from help quitting smoking to finding a care home for a loved one.

Now the valued service has been honoured at the 2018 Healthwatch Network Awards, which received a record-breaking 170 entries from over 100 Healthwatch teams this year.

Read more in Wirral View.

Page 42 COUNCIL 10 DECEMBER 2019

CABINET PORTFOLIO SUMMARY REPORT

REPORT OF Councillor Anita Leech

CABINET PORTFOLIO FOR Environment David Armstrong – Corporate Director CO-ORDINATING CHIEF OFFICER for Delivery Services

EXECUTIVE SUMMARY

This report is an update from the Cabinet Portfolio Holder to Members of the Council on matters relevant to her portfolio.

1 ATTRACTIVE LOCAL ENVIRONMENT

This is my first report to Council as a Cabinet Member, and I am delighted to be able to start with an important new policy to improve and protect our environment. Single-use plastics pose a real threat to our environment, both locally and globally and I’m so pleased to introduce this policy in Wirral.

Our policy is innovative, deliverable and will achieve a real impact. The highlights include:

. All council procurement processes, services and events, even third party events on council property, will be required to be single-use plastic free wherever possible in a bid to reduce their environmental impact. . A voluntary SUP free code for Wirral businesses will be developed in partnership with the Chamber of Commerce and Surfers Against Sewage (SAS). . The council will support the Refill scheme to encourage residents to fill up drinking bottles and reduce single-use plastic bottles. . The council will also work with local community groups to support local schemes and projects working to tackle SUPs.

I look forward to putting this policy into practice and working with our local communities to protect Wirral’s environment for the generations to come. Read more in Wirral View and the Wirral Globe.

I am proud we are also leading by example and doing all we can to reduce our carbon emissions. We have implemented our new engine idling policy, with council staff being asked to lead by example. By the time of the Council meeting, we will have also held a climate change event – Cool Yule – in which partners, residents and businesses come together to help protect our environment.

I also want to use my report to Council to put our opposition to fracking on the record. A recent Government consultation has been held on policy changes

Page 43 which would have removed the need for specific permission to be sought before companies could drill for gas. We have responded on behalf of Wirral residents and will seek to block these changes.

In my view the Government consultation makes no case or provides no evidence why the existing local system of regulating oil and gas exploration cannot be continued. There is no evidence of the national need for major shale gas production or justification for fast-tracking these decisions against the wishes of residents and elected representatives.

Read more about this important issue in the Wirral Globe.

The company contracted by Wirral Council to enforce certain environmental crimes – Kingdom – have been in the news recently. While it is important we continue to monitor the performance and behaviour of all contracts and commissioned organisations, it is also important to retain our zero tolerance approach to environmental crime in the borough.

The fines we have issued for these crimes is used to improve our environment and clean up the ‘grot spots’ which residents tell us are impacting on their quality of life. Eleven areas of private land regularly used by fly-tippers have been cleaned already this year after council intervention.

The funding for this work came from fines for environmental offences such as littering, fly-tipping and not cleaning up after dogs. So far this year, almost £7,000 has been spent on the clean-up, with almost £2,000 earmarked for further clean- ups.

Read more in the Wirral Globe.

Finally, I would like to offer my congratulations to 27 Wirral’s entries in this year’s North West In Bloom competition, who have all been recognised at the awards ceremony at the Southport Convention Centre.

More than 30 amazing transformations from Wirral were entered into the ‘In Bloom’ competition this year – the most ever.

A special mention to Wirral Council’s Neighbourhood Recycling Officer, Phil Hanlon who created an amazing sculpture of Thomas the Tank engine at Seacombe Children’s centre out of recycled bins and plastics and was singled out for praise at the awards. Well done, Phil!

Read more in Wirral View.

Page 44 COUNCIL 10 DECEMBER 2018

CABINET PORTFOLIO SUMMARY REPORT

REPORT OF Councillor Bernie Mooney CABINET PORTFOLIO FOR Children and Families

Paul Boyce, CO-ORDINATING CHIEF OFFICER Director of Children’s Services

EXECUTIVE SUMMARY

This report is an update from the Cabinet Portfolio Holder to Members of the Council on matters relevant to her portfolio.

1 VULNERABLE CHILDREN REACH THEIR FULL POTENTIAL

I want to use my report to Council to provide Members with an update on our Improvement programme within children’s services. We have been unequivocally clear – delivering excellent children’s services for every young person in our borough is hugely important, it is our number one priority.

Turning around such complex services is not easy. It takes time, dedication and no small measure of expertise. That is exactly what we have got in our teams now, and it is making an impact.

Ofsted, our independent advisor, and everyone who has worked with us on this Improvement Journey can see the progress. They can see more stable services, more robust performance management and – crucially – safer children.

I am proud of the work we have done, I am pleased it has been recognised by Ofsted, but I am under no illusions that there is still work to do. We will deliver, and I promise to keep all Members informed as we continue to improve.

You can read more about these developments in the Liverpool Echo and in the Wirral Globe.

I am pleased Ofsted have also recognised the work the council has done to recruit more permanent social workers and highlighted “improved stability” within the department.

To build on this progress, we have launched a dedicated microsite to recruit permanent social workers. This website, supported by a major campaign, will help us attract high calibre social workers to permanent positions within our social care teams. It is about showcasing all that is good about working at Wirral Council. I hope to report to Council in the coming months another major surge in the numbers and standards of social workers employed in Wirral.

Members can see the new website here: https://www.wirralsocialcarejobs.co.uk/

Page 45 Members will be aware that we continue to do all we can to recruit families to become foster carers and adopters. I want to thank the many families who give up their time and their homes to support a vulnerable young person, and encourage every Member in this Chamber to help us as we make sure every child in our care has the chance to live in a safe, loving, supportive home.

In November, we launched a new foster carer recruitment campaign. The ‘big heart’ campaign is calling on residents from all walks of life to find space in their home and in their heart to provide local homes for local children who need it most. There are more than 830 children in care in Wirral and we need least 40 families to step forward to help us look after them. With so many myths around who can and who can’t foster, it can be hard to make that decision, but the truth is, almost anyone can apply!

A new website is also live and will provide all the information prospective carers may need to help them decide if fostering is right for them. Click here to see the new website and read more in the Wirral Globe.

Finally, I am delighted to inform Council of some exciting news in our work to support children with disabilities. A major new project involving Wirral Council and Wirral- based charity Autism Together will be given almost £100,000 to use ‘wearable technology’ to help some of the most vulnerable people in the borough.

The world-first scheme, pioneered by Autism Together, will use ‘biometric sensors’ in the form of lightweight wristbands – similar to the popular fitness trackers such as Fitbit – to help understand those with severe autism who may otherwise find it difficult to communicate.

The council was chosen in a competitive process to receive funding from NHS Digital, as part of a project managed by the Local Government Association. They were looking for innovative ideas for how technology could help shape the future of social care.

The wearable sensors will allow researchers to spot the signs leading up to severe incidents of anxiety so they can be reduced or avoided in future, by keeping track in real time of changes in factors such as skin temperature, sweat, heart rate and movements.

Read more in the Wirral Globe.

Page 46 COUNCIL 10 DECEMBER 2019

CABINET PORTFOLIO SUMMARY REPORT

REPORT OF Councillor Paul Stuart

CABINET PORTFOLIO FOR Law & Order Fiona Johnstone – Corporate Director CO-ORDINATING CHIEF OFFICER for Strategy & Partnerships

EXECUTIVE SUMMARY

This report is an update from the Cabinet Portfolio Holder to Members of the Council on matters relevant to his portfolio.

WIRRAL’S COMMUNITIES ARE SAFE

I am delighted to inform Council that the Safer Wirral Hub has been shortlisted for a prestigious national award.

The new service has been shortlisted in the Public/Public Partnership category. This unique partnership brings together all the public and community safety functions of Wirral Council, Merseyside Police and Merseyside Fire & Rescue Service into one single management structure and operations base.

Officers from Wirral Council, Merseyside Police and Merseyside Fire and Rescue Service will attend a judging day in January 2019, ahead of hopefully bringing home the award in March next year.

Read more in the Wirral Globe and Wirral View.

From 23 to 25 November, town halls in Wirral glowed orange, uniting with landmarks across the globe for the United Nations Day for the Elimination of Violence Against Women and Girls.

The day signals the start of a 16-day campaign of activism and in Wirral will include the 'Busting the Myths' campaign. Tranmere Rovers also showed their support by dedicating their home game on Saturday, November 24 to the campaign.

As part of our ongoing drive to tackle domestic abuse, ambassadors from more than 60 small and large businesses, local organisations and community groups attended a conference launching Wirral’s new domestic abuse website, Business Quality Mark and Community Champions programmes.

The conference, held at New Brighton’s Floral Pavilion, highlighted the work being done by Wirral’s Domestic Abuse Alliance and other groups to tackle domestic abuse across the borough.

Page 47 During the event local businesses, Involve North West and Plantroom Generator Services Limited, as well as Little Lambs First Aid charity were awarded the new Zero Tolerance to Domestic Abuse Business Quality Mark. The aim of the Business Quality Mark is to help staff feel supported and confident in approaching their employer for help, as they will have the knowledge and tools to respond effectively.

Also at the event I was pleased to announce an imminent update to Council policy, which will ensure all council employees who are victims of domestic abuse and/or harmful practices are entitled to a minimum of a week’s special leave, at full pay, to ensure they have time to deal with the consequences of their situation. I am also calling on the Government to legislate to support the victims of domestic abuse with paid leave

We are leading by example on this issue, and I hope businesses and public services in Wirral and the Liverpool City Region join us by adopting similar policies.

I encourage all Members to read our new website and share it through your own networks and with your constituents: www.itsneverokwirral.org

Finally, I want to update Members on the fight against modern slavery. The Global Slavery Index estimated earlier this year that in 2016 there were up to 136,000 victims of modern slavery in the UK. This contrasts with a figure of 13,000 estimated by the Home Office in 2013.

The Co-operative Party’s Charter against Modern Slavery goes further than existing law and guidance and commits councils to proactively vet their own supply chain to ensure no instances of modern slavery are taking place.

I welcomed the opportunity to sign up to the Charter against Modern Slavery on behalf of Wirral. Modern Slavery might not always be obvious, but its exploitation of vulnerable people can be happening all around us. I am working with Wirral Council and its partners to ensure modern slavery has no place in Wirral. We will do our best to protect victims and push for the prosecution of those who commit this crime.

Read more about this important issue in the Wirral Globe.

Page 48 COUNCIL 10 DECEMBER 2019

CABINET PORTFOLIO SUMMARY REPORT

REPORT OF Councillor Stuart Whittingham

CABINET PORTFOLIO FOR Highways & Transport David Armstrong – Corporate Director for Delivery Services CO-ORDINATING CHIEF OFFICER Brian Bailey – Corporate Director for Economic and Housing Growth

EXECUTIVE SUMMARY

This report is an update from the Cabinet Portfolio Holder to Members of the Council on matters relevant to his portfolio.

TRANSPORT INFRASTRUCTURE FIT FOR THE FUTURE

I am pleased to start my update to Council this month with exciting news for the future of our transport network.

A consultation is underway on proposed major public realm and road safety improvements along the A554 Tower Road at Wirral Waters. If approved, the scheme will bring significant improvements for pedestrians and cyclists and greater connectivity with other transport modes. The changes will also improve the road’s current safety record by introducing better traffic management with lower speeds and new crossing points.

From a regeneration perspective, improvements to the image and environmental quality of Tower Road will enhance the appeal of Wirral Waters to investors and will create market confidence by making the area more appealing and attractive to new businesses.

Tower Road is an important route for commuters, businesses and local people. These improvements are vital, and much-needed. They will take an under-used street and transform it into an attractive and modern space. I encourage everyone to take part in this consultation. I am delighted we’ve been able to work in partnership with Peel to get such a major project off the ground and I hope Wirral residents will be pleased with the result.

Read more in Wirral View.

Our highways team are now on standby 24 hours a day, seven days a week throughout the winter months, ready to respond when temperatures – or the forecast – demand it.

Page 49 There are 737 miles of roads in Wirral, but it is not affordable to grit every one of them. So instead, the team prioritises 288 miles of well-used major roads and bus routes including known problem areas, such as significant hills and exposed areas, and deploys the gritting fleet along 10 pre-planned routes.

A map of gritting routes in Wirral can be viewed on the council’s website. Members can read more about this in Wirral View.

Work is ongoing to make sure every penny of available funding is invested in improving Wirral’s roads and street lights. Members will be aware that we are moving forward in replacing every street light in the borough with an energy efficient LED bulb. We are also in the midst of a major programme of highway improvements, with roads set to be improved and resurfaced throughout the borough.

As we move into the winter period, it is more important than ever for residents and Members to report potholes as they develop. The cold weather increases the likelihood of potholes opening and they are undoubtedly a cause for concern for many residents, not just in Wirral, but nationwide.

Each year, 14 council inspectors routinely check every road in Wirral on a weekly and monthly schedule, but potholes can develop over a very short time and even appear between inspections which may mean the council is not aware of it. This is why it is useful for the public and Members to report them.

Read more in the Wirral Globe.

Page 52 COUNCIL 10 DECEMBER 2018

REPORT TITLE OVERVIEW AND SCRUTINY COMMITTEE CHAIRS’ REPORTS REPORT OF THE OVERVIEW AND SCRUTINY COMMITTEE CHAIRS

REPORT SUMMARY

This report provides Members of the Council with an update on the work carried out by each of the Council’s Overview and Scrutiny Committees. The report includes contributions from each of the Committee Chairs covering the period since the previous report presented to council on 15 October 2018. Members of Council are requested to note the contents of the report set out in section 3 below.

RECOMMENDATION/S

Members are requested to consider the contents of the report and whether they have any questions for the Chairs of the Overview and Scrutiny Committees.

1 Page 53 SUPPORTING INFORMATION

1.0 REASON/S FOR RECOMMENDATION/S

1.1 To update Council Members on the work of the Overview and Scrutiny Committees and to provide an opportunity for Council Members to ask questions on the activities undertaken.

2.0 OTHER OPTIONS CONSIDERED

2.1 N/A

3.0 BACKGROUND INFORMATION

ADULT CARE AND HEALTH OVERVIEW AND SCRUTINY CHAIR’S REPORT

3.1 Since the start of the municipal year, the Adult Care and Health Overview & Scrutiny Committee have agreed and established a dynamic work programme, and have continued to ensure effective scrutiny through cross-party working and a partnership approach.

3.2 The newly re-established Health and Care Performance Panel met for the first time in October. This meeting gave Members a chance to examine the improvement plans of Wirral Community NHS Trust and Wirral University Teaching Hospital NHS Trust, and seek assurance that they are on track to address recently highlighted CQC compliance concerns. A work programme for the Panel has been agreed, with full feedback reports from the Panel due to be presented to each future Adult Care and Health Overview & Scrutiny Committee.

3.3 In addition to this, Members had previously underlined a need for risk to be considered more as part of scrutiny and, as a result, a workshop was held in October to develop Members understanding around risk management. This session was well attended, with risk subsequently incorporated into annual work programming and scrutiny review documentation.

3.4 Although there has not been an ordinary meeting of the Committee since the last report to Council, a special meeting was convened in November in order to scrutinise the Urgent Care Consultation process. This has been a key focus for the Committee over the last two years, and Members welcomed the opportunity to interact with commissioners on a major issue that has potential to affect residents across Wirral. The meeting enabled an animated debate, alongside witness opinions and a considerable turnout from members of the public.

3.5 The Urgent Care review will continue to form a significant part of the Adult Care and Health work programme over the coming months, with a joint Scrutiny Committee

2 Page 54 with Cheshire West and Chester Council planned amongst a series of expected officer updates.

3.6 Looking forward, the Committee will continue to hold the Council’s health partners to account and anticipate that updates will be provided to the Committee on local delivery of the Five Year Forward Plan and the musculoskeletal integrated triage service, as well as a focus on scrutiny of integrated commissioning arrangements.

Councillor Julie McManus

BUSINESS OVERVIEW AND SCRUTINY CHAIR’S REPORT

3.7 The Business Overview & Scrutiny Committee has not met since the last update to Council on 10th October. However, scrutiny activity from the Committee is ongoing and these updates are detailed below.

3.8 At the Committee meeting on 4th July, a Task & Finish Scrutiny Review on ‘Camper Vans’ was agreed to be added to the work programme and this piece of work has now commenced. The Review Panel’s objectives are:

 To understand the current issues around campervan parking on Wirral; with particular focus on resident concerns and environmental impact.

 To help inform the development of an all-encompassing campervan policy for Wirral, including potential affiliation with the Culture and Visitor Strategy.

 To contribute to a series of recommendations to ensure the effective management of campervans at coastal locations, and across Wirral.

3.9 As an outcome from the Business O&S meeting on 4th July, it was agreed by officers to introduce an ‘Experimental Traffic Regulation Order’ as a result of the camper vans parked along a stretch of King’s Parade in Wallasey; the impact of this Regulation Order will be measured as part of the review.

3.10 A scrutiny workshop on the latest developments of Wirral Waters has also now convened. This workshop was open to all Overview & Scrutiny Committee members. The workshop allowed Members to discuss these developments with both council officers and representatives from Peel Holdings. A report of the workshop has been published and is to be discussed at the Committee meeting on 28th November.

3.11 The Business Overview & Scrutiny Committee retains oversight of the ongoing developments of the Liverpool City Region and the work of the Overview & Scrutiny Committee. A number of scrutiny workshops are scheduled, including: 3 Page 55  Pre-decision scrutiny of the Housing Strategy  EU Funding Post Brexit  Tourism, Culture and Marketing the City Region  The Effectiveness of Careers Education and Advice Activities

3.12 Once completed, the outcomes of these scrutiny workshops will be reported back to Overview & Scrutiny Members in Wirral to ensure Members are aware of the local impact as well as across the City Region. Councillor Pat Hackett

CHILDREN AND FAMILIES OVERVIEW AND SCRUTINY CHAIR’S REPORT

3.13 The Children & Families Overview & Scrutiny Committee has met once since the last chairs report. The Committee has continued receiving updates on the Improvement Journey as a standing item, presented by the Corporate Director for Children’s Services, Paul Boyce. In anticipation of the Improvement Board being disbanded, Committee has added the monthly Data Tracker currently received by the Improvement Board. This is a snapshot of live data from the performance dashboard and will be included in each subsequent Improvement Journey Update.

3.14 The Safeguarding Annual Report came to Committee in November and Dr Maggie Atkinson, Independent Chair of the Wirral Safeguarding Children Board (WSCB), introduced her presentation summarising the WSCB Annual Report 2017/18 and priorities for 2018/19.

3.15 An item on Future Safeguarding Arrangements was presented to the Committee by Ian Hassall, Paul Boyce and David Robbins, (Manager of the WSCB). The presentation explored the progress made for the eventual replacement of the WSCB with a Multi-Agency Safeguarding Arrangement (MASA). The purpose of the item was to scrutinise the new proposals as well as to provide some forethought as to where scrutiny would fit into the new safeguarding arrangements to hold the MASA to account.

3.16 The Committee’s programme of ‘Reality Check’ visits continues, however, a visit has not taken place since the last Chair’s Report. Instead, a report detailing the progress made against areas that were highlighted at previous visits came to Committee. Four reports were produced by the lead officers for each department; MASH, Early Help, Leaving Care and the Performance Dashboard.

3.17 A workshop was held in October to discuss Children and Young People’s Mental Health Provision in Wirral, specifically ‘Future in Mind’ and CAMHS. Members found the workshop informative, and a reciprocal agreement was made to ensure Scrutiny is also kept up to date with future arrangements.

3.18 On 12th November, Members of Children & Families OSC were invited to attend a special meeting of Adult Care & Health OSC to look at Wirral CCG’s Urgent Care Consultation. Members of Children & Families OSC were invited to ask questions pertaining to the consultation. 4 Page 56 3.19 A number of ‘Reality Check’ visits were agreed to by the Committee, who expressed an interest in visiting partner organisations. The next ‘Reality Check’ visit is expected to look at Health Partners and their responsibilities toward looked after children. Committee has also expressed an interest in a visit to the Police.

3.20 A workshop/spotlight session on the new safeguarding arrangements due to replace the current LSCBs will be held. The intention will be to gather comments from Members on the proposed new model. This will also give scrutiny a chance to ensure effective processes are in place to hold these new arrangements to account.

Councillor Tom Usher

ENVIRONMENT OVERVIEW AND SCRUTINY CHAIR’S REPORT

3.21 A Task & Finish scrutiny review on Modern Slavery has just been completed and is scheduled to go to the Committee meeting on 29th November. The review identified the need for Wirral to respond to Modern Slavery, including developing an appropriate strategy/policy. It was pleasing for the Members undertaking the review to be presented with a draft strategy to consider as part of the final report.

3.22 A Task & Finish scrutiny review on Recycling has now commenced. The objectives are to understand the current waste management system in Wirral; to identify where improvements can be made to enhance performance; further understand the requirements of the Resources and Waste Strategy and look at the impact this will have for Wirral Council. The scrutiny review will also consider how Wirral can develop marketing campaigns to encourage waste prevention and recycling behaviours.

3.23 The first evidence session is scheduled for 3rd December and the second is scheduled for early January 2019 with a final report expected to be presented to Committee in March 2019.

3.24 At the previous Committee meeting held on 20th September, the terms of reference for the Wirral Flood & Water Management Partnership were agreed. The terms of reference for the WF&WMP seek to establish a formal link with Wirral Council’s Overview & Scrutiny function and to provide appropriate governance and elected member oversight of local flood and costal erosion risk management activities. It was agreed that the Chair and Party Spokespersons would represent scrutiny on the partnership and it is anticipated that the first meeting will be scheduled for February 2019. Appropriate updates will be provided at Committee meetings moving forward.

Councillor Tony Jones

5 Page 57 4.0 FINANCIAL IMPLICATIONS

4.1 There are none arising from this report.

5.0 LEGAL IMPLICATIONS

5.1 There are none arising from this report.

6.0 RESOURCE IMPLICATIONS: ICT, STAFFING AND ASSETS

6.1 There are none arising from this report.

7.0 RELEVANT RISKS

7.1 There are none arising from this report.

8.0 ENGAGEMENT/CONSULTATION

8.1 N/A

9.0 EQUALITY IMPLICATIONS

9.1 None - the report is for information only.

REPORT AUTHOR: Report compiled by: Carl Gurnell – Team Leader – Performance and Scrutiny telephone: (0151) 691 8008 email: [email protected]

APPENDICES – N/A REFERENCE MATERIAL – N/A

SUBJECT HISTORY (last 3 years) Council Meeting Date

Overview and Scrutiny Committee Chair’s 15 October 2018 Report to Council Overview and Scrutiny Committee Chair’s 19 March 2018 Report to Council Overview and Scrutiny Committee Chair’s 11 December 2017 Report to Council Overview and Scrutiny Committee Chair’s 16 October 2017 Report to Council Overview and Scrutiny Committee Chair’s 20 March 2017 6 Page 58 Report to Council Overview and Scrutiny Committee Chair’s 19 December 2016 Report to Council Overview and Scrutiny Committee Chair’s 17 October 2016 Report to Council Scrutiny Annual Report to Council 11 July 2016

7 Page 59 This page is intentionally left blank Agenda Item 9a

Council 10 December 2018

REPORT TITLE: Call-In of Cabinet Committee decision on Wirral Health and Care Commissioning Pooled Fund Arrangements

REPORT OF: Director of Governance and Assurance

1. REPORT SUMMARY

1.1 The Adult Care & Health Overview and Scrutiny Committee met on 27th November 2018 to consider the ‘Call-In’ to review or scrutinise the decision Joint Strategic Commissioning Board Cabinet Committee to authorise the entering of a Section 75 agreement for 2018/2019 forming Wirral Health and Care Commissioning Pooled Fund Arrangements.

1.2 The Committee resolved to arrange for this function, so far as it relates to the decision, to be exercised by a meeting of full Council for the reasons set out in this report (minutes to follow).

2. RECOMMENDATION

2.1 That, in exercising the ‘call-in’ function of the Adult Care & Health Overview and Scrutiny Committee to scrutinise the decision of the JSCB Cabinet Committee 16th October 2018 relating to the Wirral Health and Care Commissioning Pooled Fund Arrangements (Section 75 agreement for 2018/2019), the meeting of full Council may either:  not object to the decision that has been made by the Cabinet Committee (as a result of which the decision will become effective on the date of the Council meeting); or  refer the decision, or part of the decision, to which it objects back to the Cabinet Committee, together with the Council’s views on the decision

Page 61 3. SUPPORTING INFORMATION

3.1 At the meeting of 16th October 2018 of the Joint Strategic Commissioning Board the Cabinet Committee resolved: (1) That the Joint Strategic Commissioning Board endorses and supports the approach taken to mitigate financial risk; and (2) That the Section 75 agreement for 2018/2019 is agreed for sign off by Chief Officers on behalf of NHS Wirral CCG and Wirral Council.

3.2 In accordance with the Call-In procedure for executive decisions (the Council’s Scrutiny Procedure Rules set out in Council Standing Order 35), the procedure was activated on 5th November 2018 by six Members. Officers considered there was sufficient information provided to enable the Call-In to proceed.

3.3 The relevant Members and officers were notified of the valid call-in and all action to implement the decision ordered to be ceased until the call-n procedure has reached its conclusion.

3.4 Whilst the call-in requested that the decision was scrutinised by two committees, the procedure requires it to be allotted to one of the overview and scrutiny committees, designated through consultation with the Chairs of the committees. In this case, that was the Adult Care & Health Overview and Scrutiny Committee and the meeting was arranged for 27th November 2018.

3.2 The lead Member listed on the call-in schedule was Councillor Kate Cannon. Several reasons were given for the Call-In, which are provided in the Call-In document included with the agenda of the meeting on 27th November 2018, along with the minutes of the JSCB meeting. They can be found here.

3.3 The meeting heard evidence submitted by two witnesses proposed by the members listed on the call-in schedule and from two witnesses proposed by Cllr C. Jones as Chair of the Cabinet Committee.

3.4 Subject to approval of the minutes, the meeting resolved that:

“This matter be referred to Council because the Committee has the following concerns:

Page 62 1. The Cabinet (Committee) needs to review and reconsider the developing and proposed contract with Wirral CCG to ensure that: (a) the Council retains control of its statutory duties; and (b) the Council’s budgetary position is protected.

2. In view of the substantial funds pooled and managed by the new organisation, further channels of communication need to be developed with Adult Care & Health Overview and Scrutiny Committee so that the Committee might have more insight and make more meaningful contributions to the oversight of that body.

3. That similar parallel arrangements be made for Children and Families Overview & Scrutiny Committee.

4. In addition, work on the preparation of the system sustainability plan should be placed before Members at the earliest opportunity.”

3.5 The Committee’s draft minutes will be provided as soon as they are completed.

4. LEGAL IMPLICATIONS AND CALL-IN PROCEDURE

4.1 The Local Government Act 2000 (as amended) sets the framework for Overview and scrutiny Committees and call in and, in exercising these functions, regard must be had to any guidance for the time being issued by the Secretary of State. The current statutory guidance was issued in 2006 (and following the review of last year, is due to be replaced by new guidance December 2018).

4.2 Sections 9F and 9FA of the Act require that the Council’s executive arrangements ensure that an overview and scrutiny committee has power to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the responsibility of the executive.

4.3 In conducting a ‘call-in’, the power of an overview and scrutiny committee under subsection 9F(2)(a) to review or scrutinise a decision made but not implemented includes a power:

Page 63 (a) to recommend that the decision be reconsidered by the person who made it, or (b) to arrange for its function under subsection (2)(a), so far as it relates to the decision, to be exercised by the authority.

4.4 The Committee, in this instance, has determined that the scrutiny of the decision subject to the call-in should be conducted by full Council. In this regard, the statutory guidance issued by the Secretary of State states: “To avoid the possibility of very many emergency council meetings the Secretary of State recommends that overview and scrutiny committees should only use the power in section 21(3)(b) to refer matters to the full council if they consider that the decision is contrary to the policy framework or contrary to or not wholly in accordance with the budget. Where an overview and scrutiny committee refers a decision to the full council there should be clear timescales set out in the local authority's constitution within which the debate should take place to avoid decisions being unnecessarily delayed.”

4.5 These legislative provisions and statutory guidance are reflected in the Council’s Procedure Rules (contained at Part 4A of the Council’s Constitution) and also its Scrutiny Guidance.

4.6 Standing Order 35 (Calling-In of Decisions) states in relation to the Committee’s decision that: “(4) Having considered the decision, the Overview and Scrutiny Committee may: (i) refer it back to the decision making person or body for reconsideration, setting out in writing the nature of its concerns or; (ii) refer the matter to full Council. Such a referral should only be made where the Overview and Scrutiny Committee believes that the decision is outside the policy framework or contrary to or not wholly in accordance with the budget. The procedures set out in those rules must be followed prior to any such referral.”

4.7 The Council’s Scrutiny Guidance states: “If the Overview and Scrutiny Committee disagrees with the original decision, it may either ask the Cabinet to reconsider the

Page 64 decision or refer it to the Council for consideration if it believes that the decision is contrary to the policy framework or not in accordance with the budget.”

5. LEGAL IMPLICATIONS AND CALL-IN PROCEDURE: MEETING OF FULL COUNCIL

5.1 Now that the matter is before the full Council, Standing Order 35 (Calling-In of decisions) provides the Council with two options, being: “(7) If the matter is referred to full Council and the Council does not object to a decision which has been made, then the decision will become effective on the date of the Council meeting. (8) If the Council does object the Council may take a decision, which is outside the policy and budgetary framework. Otherwise the Council will refer any decision to which it objects back to the decision-making person or body, together with the Council’s views on the decision. That decision making body or person shall choose whether to amend the decision or not before reaching a final decision and implementing it. Where the decision was taken by the Executive as a whole or a committee of it, a meeting will be convened to reconsider within ten working days of the Council request.”

5.2 The Council’s Scrutiny Guidance adds that: “The Chair of the overview and scrutiny committee will have the opportunity to explain its views to the Cabinet or Council, as appropriate.”

5.3 As the meeting of Council, in this instance, is sitting to exercise the functions of an overview and scrutiny committee, it must comply with the committee’s obligations. This includes having regard to the statutory guidance that “(‘The Party Whip’) overview and scrutiny committees are to hold decision makers to account. To do so effectively will require a change in the way members have traditionally questioned decisions. Although this is a matter for political parties to consider, both locally and nationally, the Secretary of State

Page 65 believes whipping is incompatible with overview and scrutiny and recommends that whipping should not take place.” As is the case with its overview and scrutiny committees, in exercising the Committee’s scrutiny function no whip should apply to consideration of this call-in referral by full Council.

6. MONITORING OFFICER’S OPINION

6.1 It is part of the process, in accordance with the statutory guidance, that a legal opinion is provided by the monitoring officer where there is doubt about the vires for a decision and that the meeting bears this advice in mind where it considers that a decision of the executive might be contrary to the policy framework and therefore referred to full Council.

6.2 It is understood that the reasons for referring this matter to full Council are other than on an issue of vires. For completeness, however, it is the view of the monitoring officer that the Cabinet Committee had authority under the Council’s policy framework, budget and scheme of delegation to make the decision, currently awaiting implementation, to enter into an agreement under section 75 of National Health Services Act 2006 between the local authority and an NHS body.

6.3 Accordingly, the first sentence of the Council’s Standing Order 35 (8) will not apply, as this will not be a decision that the Council is empowered to make. The Council’s resolution may only take the form of the options as set out in the recommendation.

7 RESOURCE IMPLICATIONS: ICT, STAFFING AND ASSETS, RELEVANT RISKS and EQUALITY IMPLICATIONS

7.1 These matters were considered in the originating report and meeting of the JSCB Cabinet Committee of 16th October 2018 and, so far as it was relevant to the call-in, the meeting of the Adult Care & Health Overview and Scrutiny Committee of 27th November 2018.

REPORT AUTHOR: Philip McCourt (Monitoring Officer) telephone: (0151) 691 8569 email:[email protected]

Page 66 Background papers

Agenda, reports and minutes of the Adult Care & Health Overview and Scrutiny Committee on 27 November 2018 may be found here.

Agenda, reports and minutes of JSCB on 16 October 2018 may be found here.

Page 67 This page is intentionally left blank Agenda Item 10

COUNCIL

10 DECEMBER 2018

SUBJECT: REVISION TO THE APPOINTMENT AND CONSTITUTION OF COMMITTEES 2018 / 2019 REPORT OF: DIRECTOR OF GOVERNANCE AND ASSURANCE

REPORT SUMMARY

The purpose of this report is to advise the Council on the allocation of committee places to political groups following the resignation of a Member of the Labour Group to become an Independent member and to request the Council, in accordance with the relevant statutory provisions and the terms of the Constitution, to allocate such places proportionately for the remainder of this municipal year.

RECOMMENDATION/S

The Council is requested to:

(1) agree the revised constitution and membership of committees for the remainder of the 2018/19 municipal year (including deputies), having regard to the political proportionality requirements of the Local Government and Housing Act 1989 and the Local Government (Committees and Political Groups) Regulations 1990 and relevant case law;

(2) agree the appointment of chairs and, if considered appropriate, vice-chairs.

(3) agree that the names of appointees to Committees may be given to the Director of Governance and Assurance, following this meeting, if not already done so.

Page 69 SUPPORTING INFORMATION

1.0 REASON/S FOR RECOMMENDATION/S

1.1 To comply with proportionality requirements of the Local Government and Housing Act 1989 and the Local Government (Committees and Political Groups) Regulations 1990 and relevant case law.

2.0 OTHER OPTIONS CONSIDERED

2.1 No other options were considered beyond those outlined in the report.

3.0 BACKGROUND AND KEY ISSUES

3.1 Proportionality

3.1.1 Members must have regard to the requirements of section 15 of the Local Government and Housing Act 1989, and the relevant regulations (which deal with political balance on committees and sub-committees), and the terms of the High Court judgment in the case of R v Brent LBC ex-parte Gladbaum and Wood (which requires the relevant parent committee, rather than the Council, to appoint members of sub-committees and panels).

3.1.2 The political composition of the Council following the resignation of a Member of the Labour Group to become an Independent Member is as follows:

Labour 37 seats (56.06% of the 66 seats) Conservative 21 seats (31.82%) Liberal Democrat 5 seats (7.58%) Green 1 seat (1.51%) Independent 2 seats (3.03%)

3.1.3 Applying the percentages in (3.1.2) above to the overall number of committee places (Members of the Cabinet are not included in those calculations) and based upon a total of 133 committee places, the three political groups, the Green Party member and the new Independent member would be entitled to a total of committees places as shown below:

Labour 74.56 rounded up to 75 Conservative 42.32 rounded down to 42 Liberal Democrat 10.07 rounded down to 10 Green 2.01 rounded down to 2 Independent 4.03 rounded down to 4

3.1.4 The Labour Group will therefore lose two committee places and the new Independent Member will be entitled to two committee places.

3.1.5 Applying the arithmetical entitlement to individual committees would result in the following allocations / adjustments:

Page 70 Committee Places Lab Con L/Dem Green Ind

Audit and Risk Management 9 5 3 1 Employment and 8 5 2 1 Appointments Licensing Act 2003 15 9 4 1 1 Licensing, Health & Safety 9 5 3 1 and General Purposes Pensions 10 6 3 0 1

Planning 13 7 4 1 1 Standards & Constitutional 9 5 3 1 Oversight Overview & Scrutiny: 15 8 5 1 1 Business Overview & Scrutiny: 15 9 5 1 Environment Overview & Scrutiny: 15 9 8 5 1 1 Adult Social Care Overview & Scrutiny: 15 9 8 5 1 1 Children and Families Total 133 75 42 10 2 4

3.1.6 For two committees an arithmetical adjustment has been made to enable the new Independent Member to have her entitlement of 2 committee places.

3.1.7 These adjustments are made with regard to the requirement for the Labour Group, as the majority group on the Council, to maintain an overall majority on each committee and for each group’s entitlement to committee places to be in accordance with those figures set out in (3.1.3) above.

3.2 Appointment of Chairs and Vice-Chairs

3.2.1 Standing Order 5A (2) (e) provides for the Council to appoint Chairs and Vice- Chairs to individual committees.

3.1.3 Deputies

3.3.1 Standing Order 25(6) permits the Council to appoint up to a maximum of eight deputies for each political group on Committees.

4.0 FINANCIAL IMPLICATIONS

4.1 There are none arising directly from this report.

Page 71 5.0 LEGAL IMPLICATIONS

5.1 There is a legal requirement for the Council to appoint its committees proportionately.

6.0 RESOURCE IMPLICATIONS: ICT; STAFFING AND ASSETS

6.1 There are none arising directly from this report.

7.0 RELEVANT RISKS

7.1 There is a requirement under the Council’s Constitution that the Annual Council meeting shall appoint Members to Committees.

8.0 ENGAGEMENT / CONSULTATION

8.1 It is for political groups to decide how they wish to allocate their committee places.

9.0 EQUALITIES IMPLICATIONS

9.1 There are none arising directly from this report.

REPORT AUTHOR: Andrew Mossop Principal Committee Officer telephone: (0151) 691 8501 email: [email protected]

REFERENCE MATERIAL

Previous reports on the appointment of Committees and amendments made during the year and the Council’s Constitution.

SUBJECT HISTORY (last 3 years)

Council Meeting Date Council 15 October 2018 Council 15 May 2018 Council 15 May 2017 Council 17 May 2016 Council 19 May 2015

Page 72 Agenda Item 11a

MINUTE EXTRACT PENSIONS COMMITTEE 16 JULY 2018

10 REVISED PENSION BOARD TERMS OF REFERENCE

Members gave consideration to a report of the Director of Pensions that informed the Pensions Committee of a proposed revision to the Terms of Reference for Wirral Council’s Local Pension Board and requested that these be recommended to full Council for adoption.

The revised Terms of Reference were attached as an appendix to the report.

The Director of Pensions informed that Wirral Council’s Pension Board had been established in early 2015 in accordance with statutory requirements prescribed within the Public Service Pension Act 2013 and the Local Government Pension Scheme (Governance) Regulations 2015.

The intent had been to provide assurance that all public service pension schemes and individual LGPS Funds were managed effectively with a properly constituted, trained and competent Pension Board monitoring compliance with legislation and best practice standards.

It was reported that the Board had operated effectively since July 2015 when it was implemented fully. The annual review of its activities was a separate item on the agenda. Although its terms of reference had stipulated a minimum of two meetings per annum, the Board had soon moved to three meetings in order to manage its work plan more effectively.

Members were informed that the Pension Regulator had intimated recently that its expectations were that Local Pension Boards should meet at least quarterly. This situation had been discussed at the June Wirral Pension Board meeting and the consensus had been that the number of meetings should increase to a minimum of four to reflect best practice.

The Terms of Reference had been revised to reflect the change (section 2). Additionally, changes to sections 4: Membership and Appointment Process and 5: Length of Term had also been made to allow the Scheme Manager greater discretion in the appointment and term of membership of the Board to achieve necessary representation and balance.

Resolved – That;

1. the Pensions Committee recommends the revisions to the Pension Board’s terms of reference to full Council for adoption into the Council’s constitution.

2. the Chair of Pension Committee requested a review of the remuneration of the Pension Board representatives in view of the increase in frequency of meetings.

Page 73 This page is intentionally left blank Appendix 1

Local Pension Board of Wirral Borough Council

Terms of Reference

1. Introduction

1.1 This document sets out the terms of reference of the Local Pension Board of Wirral Borough Council (the 'Administering Authority') a scheme manager as defined under Section 4 of the Public Service Pensions Act 2013. The Local Pension Board (hereafter referred to as 'the Board') is established in accordance with Section 5 of that Act and under regulation 106 of the Local Government Pension Scheme Regulations 2013 (as amended).

1.2 The Board is established by the Administering Authority and operates independently of the Pension Committee. Relevant information about its creation and operation are contained in these Terms of Reference.

1.3 The Board is not a committee constituted under Section 101 of the Local Government Act 1972 and therefore no general duties, responsibilities or powers assigned to such committees or to any sub-committees or officers under the constitution, standing orders or scheme of delegation of the Administering Authority apply to the Board unless expressly included in this document.

1.4 The Board shall be constituted separately from any committee or sub- committee constituted under Section 101 of the Local Government Act 1972 with delegated authority to execute the function of the Administering Authority.

2. Statement of Purpose

2.1 The purpose of the Board is to assist the Administering Authority in its role as a scheme manager of the Scheme. Such assistance is to:

a. to secure compliance with the Regulations , any other legislation relating to the governance and administration of the Scheme., and requirements imposed by the Pension Regulator in relation to the Scheme and;

b. to ensure the effective and efficient governance and administration of Merseyside Pension Fund.

c. To provide the Scheme Manager with such information as it requires ensuring that any member of the Pension Board or person to be appointed to the Board does not have a conflict of interest.

2.2 The Board will ensure it effectively and efficiently complies with the code of practice on the governance and administration of public service pension schemes issued by the Pension Regulator.

Page 75 2.3 The Board shall meet regularly to discharge its duties and responsibilities effectively, but not less than four times in any year. There is also the provision for special meetings to be convened at notice.

3. Scheme Manager Consents

3.1 The Board shall not:

 Overturn investments decisions that have been made by the Pension Committee but may consider whether due process has been followed to validate the decision taken.

 Amend the strategies prepared in compliance with section 57 to 61 of the LGPS regulations subsequent to prior consultation with it on the draft strategies and consequent approval by the Pension Committee

 Consider or become involved in any specific internal dispute resolution appeal

 Enter into contracts on behalf of the Administering Authority

 Dismiss any members of the Pension Committee

 Compromise the Pension Committee’s ability to comply with its fiduciary duty to the Pension Fund and its members.

4. Membership and Appointment Process

4.1 The Board shall consist of eight voting members to be constituted as follows:

Four employer representatives, of whom;

a. Two shall be nominated from Local Authorities, Police/ Fire/ Transport Authorities, Parish Councils

b. One from the Academies / Further/Higher Education Bodies

c. One from Admitted Bodies excluding employers admitted by virtue of undertaking a commercial contract connected to a function of a scheme employer.

4.2 Employer representatives shall be office holders or senior employees of employers of the Fund or have experience of representing scheme employers in a similar capacity. No officer or elected member of the Administering Authority who is responsible for the discharge of any function of the Administering Authority under the Regulations may serve as a member of the Board.

Page 76 4.3 Employer representatives should be able to demonstrate their capacity to attend and complete the necessary preparation for meetings and participate in training as required:

Four scheme member representatives of whom;

a. Two shall represent and be drawn from active members of the Merseyside Pension Fund;

b. Two shall represent and be drawn from pensioner and deferred members of the Merseyside Pension Fund.

4.4 The constitution of employer or employee representatives may be varied at the discretion of the Scheme Manager in order to achieve necessary representation or balance on the Board. Member representatives shall either be scheme members or have capacity to represent scheme members of the Fund

4.5 Member representatives should be able to demonstrate their capacity to attend and complete the necessary preparation for meetings and participate in training as required.

4.6 In addition one other non-voting independent member selected by the Scheme Manager, shall be appointed as Chair of the Board, with independence defined as follows:

a. Not a current elected member or employee of a participating scheme employer or an individual with a financial or other material interest in either the Administering Authority or any of its constituent employers.

b. Has not been an elected member or employee of a participating scheme employer in the past 5 years.

c. Is not an active, pensioner or deferred member of Merseyside Pension Fund

4.7 It will be the role of the Chair to:

a. Ensure that all members of the Board show due respect for process, that all views are fully heard and considered and to determine when consensus has been met, instances of a failure to reach a consensus position will be recorded and published.

b. To uphold and promote the purpose of the Board and to interpret its constitution and Terms of Reference when necessary.

c. Ensure that the Board members have the knowledge and skills as determined in the Fund's Training Policy and other guidance or legislation and maintain a training record.

d. Agree the agenda and minutes for each Board meeting with the Board Secretary (Director of Pension Fund)

e. Ensure an attendance record is maintained along with advising the Scheme Manager on expenses to be paid.

Page 77 f. Advise the Scheme Manager on any required budget for the Board. The Chair shall not incur any expenditure on behalf of the Board without seeking the prior written consent of the Scheme Manager.

g. Write reports required by Scheme Manager on the performance of the Board.

h. Liaise with the Scheme Manager on the requirements of the Board, including advanced notice for Officers to attend and arranging dates and times of Board meetings.

i. To annually review and report on the performance of the Board.

4.8 The Chair’s decision on all points of order, procedure and protocol shall be final.

4.9 The appointment of the Chair by the Scheme Manager will only be made following an openly advertised competitive process for the role which shall also be subject to the passing of a motion by the Board to approve the successful candidate.

4.10 Members of the Board shall only be appointed after all employers or members from the respective employer section or membership cohort have been invited to put forward nominations or expressions of interest.

4.11 Successful employer and employee representatives will be selected by the Scheme Manager having taken account of their capacity to represent other scheme employers and members, attend meetings and undertake extensive training.

4.12 Members in all categories will only be appointed by the Scheme Manager if they commit to acquire the knowledge and skill requirement set out in the relevant regulations and guidance, as defined in section 8 of this document.

5. Length of term

5.1 Members of the Board will serve for a minimum term of four years which can be extended for a further term subject to the agreement of the Scheme Manager; thereafter the formal appointment process will apply.

5.2 In recognition of the complexity of pension legislation and to assist with knowledge development and retention, the initial term of office for one of the two active member representatives shall be six years and one of the two employer representatives of the local authorities, Police/Fire Transport authorities and Parish Council shall be six years.

Page 78 5.3 Other than as a result of retirement at the expiry of this period the term of office will come to an end ;

a. For employer representatives who are councillors if they cease to hold office as a councillor and can no longer demonstrate the capacity to represent the specific employer category or there is disagreement from within the section;

b. For employer representatives who are not councillors, when they cease to be employed by the employing body where they were employed on appointment and can no longer demonstrate the capacity to represent the specific employer category or there is disagreement from within the section

c. For scheme member representatives if they cease to be a member of the relevant member group and can no longer demonstrate capacity to represent scheme members.

5.4 Each Board member should endeavour to attend all Board meetings during the year. Substitute members are not permitted due to the nature of the Board as a supervisory body and the need for appropriate knowledge and skills and the management of conflicts of interest.

5.5 Members of the Board shall cease to be a member of the Board if they do not attend two consecutive meetings and fail to tender apologies which are accepted by the Board.

5.6 In event of the independent member not being available for a Board meeting, a Vice Chair for that meeting will be determined by the Board members.

5.7 The removal of the independent member requires the consent of the Scheme Manager.

6. Quorum

6.1 A meeting is only quorate when at least 2 employer representatives and 2 scheme member representatives are present.

6.2 A meeting that becomes inquorate may continue but any decisions will be non- binding

7. Code of Conduct and Conflicts of Interest

7.1 The principles included in the Council’s Code of Conduct for members apply to all members of the Board set out in the Constitution of the Council. Conflicts of interest shall be managed taking account of the requirements set out in the Council’s constitution, best practice defined in the Scheme Advisory Board’s statutory guidance and the Pension Regulator’s Code of Practice 14: Governance and Administration of public service pension schemes.

8. Board Review Process

Page 79 8.1 The Board will undertake each year a formal review process to assess how well it and its members are performing with a view to seeking continuous improvement in the Board’s performance.

9. Advisers to the Board

9.1 The Board may be supported in its role and responsibilities through the appointment of advisers as agreed with the Scheme Manager. In addition the Board will have access to the officers of Merseyside Pension Fund and where considered appropriate access to the advisers to the Pension Fund.

10. Knowledge and Skills

10.1 A member of the Board must be conversant with – a. The legislation and associated guidance of the Local Government Pension Scheme (LGPS).

b. Any document recording policy about the administration of the LGPS which is for the time being adopted by the Merseyside Pension Fund.

10.2 A member of the Board must have knowledge and understanding of - a. The law relating to pensions, and

b. Any other matters which are prescribed in regulations.

10.3 It is for individual Board members to be satisfied that they have the appropriate degree of knowledge and understanding to enable them to properly exercise their functions as a member of the Board.

10.4 In line with this requirement Board members are required to be able to demonstrate their knowledge and understanding and to refresh and keep their knowledge up to date. Board members are therefore required to maintain a written record of relevant training and development.

10.5 Board members will undertake a personal training needs analysis and regularly review their skills, competencies and knowledge to identify gaps or weaknesses.

10.6 Board members will comply with the Scheme Manager’s training policy.

11. Board Meetings – Notice Minutes and Reporting

11.1 The Scheme Manager shall give notice to all Board members of every meeting of the Board, and shall ensure that all papers are published on Wirral Borough Council’s Website at least 5 working days prior to each meeting. These may at the discretion of the Scheme Manager be edited to exclude items on the grounds that they would either involve the likely disclosure of exempt information as specified in Part 1 of Schedule 12A of the Local Government Act 1972 or it being confidential for the purposes of Section 100A(2) of that Act and/or they represent data covered by the Data Protection Act 1998.

11.2 The Scheme Manager shall ensure that a formal record of Board proceedings is maintained.

Page 80 11.3 The Board shall on an annual basis produce a report on both the nature and effect of its activities for consideration by the Scheme Manager. The contents of this annual report will be subject to consideration and agreement at a meeting of the Board, but should include as a minimum:

a. Details of the attendance of members of the Board at meetings,

b. Details of the training and development activities provided for members of the board and attendance at such activities;

c. Details of any recommendations made by the Board to the Scheme Manager and the Scheme Manager's response to those recommendations;

d. Details of the costs incurred in the operation of the Board

11.4 The Board in considering items of business at its ordinary meetings shall in relation to each item consider whether it wishes to make a recommendation to the Scheme Manager, to which the Scheme Manager shall respond at the subsequent meeting.

12. Remit of the Board

12.1 The Board must assist the Scheme Manager with the primary core function in securing compliance with the regulations, any other legislation relating to the governance and administration of the Scheme, and requirements imposed by the Pensions Regulator.

12.2 This involves but is not limited to oversight and comment on :

a. Review regular compliance monitoring reports which shall include reports to and decisions made under the Regulations by the Committee.

b. Review management, administrative and governance processes and procedures in order to ensure they remain compliant with the Regulations, relevant legislation and in particular the Code.

c. Review the compliance of scheme employers with their duties under the Regulations and relevant legislation.

d. Assist with the development of and continually review such documentation as is required by the Regulations including Governance Compliance Statement, Funding Strategy Statement and Investment Strategy Statement.

e. Assist with the development of and continually review scheme member and employer communications as required by the Regulations and relevant legislation.

f. Monitor complaints and performance on the administration and governance of the scheme.

g. Assist with the application of the Internal Dispute Resolution Process.

Page 81 h. Review the complete and proper exercise of Pensions Ombudsman cases.

i. Review the implementation of revised policies and procedures following changes to the Scheme.

j. Review the arrangements for the training of Board members and those elected members and officers with delegated responsibilities for the management and administration of the Scheme.

k. Review the complete and proper exercise of employer and administering authority discretions.

l. Review the outcome of internal and external audit reports.

m. Review draft accounts and Fund annual report.

n. Review the compliance of particular cases, projects or process on request of the Committee.

o. Any other area within the statement of purpose (i.e. assisting the Administering Authority) the Board deems appropriate

12.3 The secondary core function of the Board is to ensure the effective and efficient governance and administration of the Scheme and may determine the areas it wishes to consider including but not restricted to :

a. Assist with the development of improved customer services.

b. Monitor performance of administration, governance and investments against key performance targets and indicators.

c. Review the effectiveness of processes for the appointment of advisors and suppliers to the Administering Authority.

d. Monitor investment costs including custodian and transaction costs.

e. Monitor internal and external audit reports.

f. Review the risk register as it relates to the scheme manager function of the authority.

g. Assist with the development of improved management, administration and governance structures and policies.

h. Review the outcome of actuarial reporting and valuations.

i. Assist in the development and monitoring of process improvements on request of Committee.

j. Assist in the development of asset voting and engagement processes and compliance with the UK Stewardship Code

13. Standards of Conduct

Page 82 13.1 The role of the Board members requires the highest standards of conduct and therefore the “seven principles of public life” as defined within the Council Constitution will be applied to all Pension Board members and embodied in their code of conduct.

13.2 These principles are –

 Selflessness

 Integrity

 Objectivity

 Accountability

 Openness

 Honesty

 Leadership

14. Decision making

14.1 Each employer and member representative of the Board will have an individual voting right but the Independent Chair is explicitly excluded from having the right to vote in accordance with regulation 106 (7) of the LGPS Regulations 2013. It is expected the Board will as far as possible reach a consensus.

15. Publication of Pension Board information

15.1 Stakeholders of the Scheme will want to know that the Merseyside Pension Fund is being efficiently and effectively managed. They will also want to be confident that the Board is properly constituted, trained and competent in order to comply with scheme regulations, the governance and administration of the scheme and requirements of the Pension Regulator.

15.2 Up to date information will be posted on the Merseyside Pension Fund website showing:

a. The names, contact details and other relevant information about the Board members

b. How the scheme members are represented on the Board

c. The responsibilities of the Board as a whole

d. The full terms of reference and policies of the Board and how they operate

e. Details of the Pension Board appointment process

f. Any specific roles and responsibilities of individual Board members.

Page 83 15.3 The Scheme Manager will also consider requests for additional information to be published or made available to individual scheme members to encourage scheme member engagement and promote a culture of openness and transparency.

16. Accountability

16.1 The Board will be collectively and individually accountable to the Scheme Manager.

17. Expense Reimbursement and Remuneration

17.1 All members of the Board shall, on the production of relevant receipts be reimbursed for travel and subsistence expenses they have incurred in the conduct of their duties as a member of the Board, including attendance at relevant training and development activities.

17.2 Members of the Board shall be reimbursed a mileage allowance for use of their own car at the rate proscribed by the Inland Revenue from time to time as adopted by Wirral Borough Council.

17.3 Employer and Employee representatives will receive an annual fee of half the special responsibility allowance paid to the Chair of Pension Committee.

17.4 The Chair should receive the full rate of the annual special responsibility allowance paid to the Chair of Pension Committee.

18. Reporting Breaches

18.1 Where any breach of legislation or duties is committed or is alleged to have been committed by the Pension Committee, the Board shall:

a. As soon as reasonably possible of the potential breach meet with the Committee

b. Ask the Committee Chair to explain the actions taken and provide evidence of the legitimacy of the action taken

c. Consider the matter on the facts available and evidence provided by the Committee Chair and refer it back to Committee to reconsider and correct any areas of concern or breaches of duty or

d. Determine that no breach of duty has taken place

18.2 If it is decided that a breach has occurred, the Board shall (as required by the Code of Practice and the Pensions Act 2004)

a. Report the breach to the Monitoring Officer and Section 151 Officer and take prompt and effective action to investigate and correct the breach and its causes and, where appropriate, notify any affected members:

Page 84 b. The Board may report concerns to the LGPS Scheme Advisory Board for consideration subsequent to, but not instead of, using the appropriate internal route for escalation.

c. Where prompt and effective action to remedy the breach has not been taken report the breach as a breach of material significance to the Pension Regulator and the whistleblowing provisions set out in the Administering Authority’s whistle blowing policy..

18.3 As per Regulation 106(6) and subject to the terms within this document, the Pension Board shall have the power to do anything to facilitate or is conducive to the discharge of any of its functions.

19. Interpretation

19.1 Any uncertainty or ambiguity or interpretation required relating to any matters contained in this document shall be resolved by reference to the Scheme Manager.

20. Definitions

20.1 The undernoted terms shall have the following meaning when used in this document:

“Pension Board” or “Board” Means the local Pension Board for Wirral Borough Council as administering authority for the Merseyside Pension Fund required under the Public Service Pensions Act 2013

”Scheme Manager” Means Wirral Borough Council as administering authority of the Merseyside Pension Fund.

“Chair” The individual responsible for chairing meetings of the Board and guiding its debates

“LGPS” The Local Government Pension Scheme as constituted by the Local Government Pension Scheme Regulations 2013, the Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014, the Local Government Pension Scheme (Amendment) (Governance) Regulations 2015 and The Local Government Pension Scheme (Management and Investment of Funds) Regulations 2009 “Scheme” Means the Local Government Pension Scheme as defined under “LGPS”

Page 85 These Terms of Reference shall be reviewed on each material change to that part of the Regulations covering local pension boards.

These Terms of Reference were adopted following approval by Council on 16 March 2015.

…………………………………………………………. Signed on behalf of the Administering Authority

………………………………………….. Signed on behalf of the Board.

Page 86 Agenda Item 11b

MINUTE EXTRACT LICENSING ACT 2003 COMMITTEE 17 OCTOBER 2018

9 DRAFT STATEMENT OF POLICY UNDER THE GAMBLING ACT 2005

The Corporate Director for Business Management sought Members’ approval of the draft Statement of Policy under The Gambling Act 2005 in order that it may be presented to Council for approval on 10 December 2018.

The Licensing Manager reported that the Council’s Statement of Policy had first been published in December 2006 and had been reviewed in accordance with the requirements every three years. The draft Statement of Policy was approved by this Committee on 12 June 2018 and was then circulated for consultation. The consultation period began on 13 June and closed on 14 September 2018 and had been circulated to a number of consultees as stated within the report. It had also been publicised on the Council’s website.

Members were advised that feedback had been provided by one consultee, namely, Talarius Limited who operate an Adult Gaming Centre in Wirral and that this feedback had been incorporated into the revised draft which was presented for approval by Members.

On a motion by Councillor A Hodson and seconded by Councillor L Rowlands it was -

RECOMMENDED – That the Draft Statement of Policy be recommended for approval by Council on 10 December 2018.

Page 87 This page is intentionally left blank Appendix 2

Draft Statement of Policy Gambling Act 2005

October 2018

Wirral Licensing Authority Town Hall Brighton Street Wallasey CH44 8ED

0151 691 8043

Page 89 Pageii 90 Table of Contents Item Page No. The Licensing Objectives 1 Introduction 2-4 Declaration 4 Responsible Authorities 4-5 Interested Parties 5-6 Exchange of Information 6-7 Enforcement 7-9 Local Risk Assessment 9 Local Area Profile 9 Licensing Authority Functions 10 Allocation of Decision Making Responsibilities 10-11 Premises Licences 11-14 Location 14-15 Planning and Building Control 15 Duplication with other regulatory regimes 15 Licensing Objectives 15-17 Conditions 17-18 Door Supervisors 19 Adult Gaming Centres 19 Licensed Family Entertainment Centres 20 Casinos 20 Bingo Premises 21-22 Bingo in Clubs and Alcohol Licensed Premises 22 Betting Premises 22-24 Travelling Fairs 24 Provisional Statements 24-25 Reviews 25-27 Unlicensed Family Entertainment Centre gaming machine permits 29 Premises Licensed to Sell Alcohol 29-30 Prize Gaming Permits 30-31 Application for Club Gaming and Club Machines Permits 31-35 Temporary Use Notices 36 Occasional Use Notices 36 APPENDICES: Appendix A - Scheme of Delegation Appendix B – Consultees Appendix C – Responsible Authorities

Pageiii 91 Pageiv 92 The Licensing Objectives

In exercising most of their functions under the Gambling Act 2005, (The Act) Wirral Borough Council as the Licensing Authority must have regard to the following Licensing Objectives:

 Preventing gambling from being a source of crime and disorder, being associated with crime and disorder or being used to support crime

 Ensuring that gambling is conducted in a fair and open way

 Protecting children and other vulnerable persons from being harmed or exploited by gambling

It should be noted that the Gambling Commission has stated: “The requirement in relation to children is explicitly to protect them from being harmed or exploited by gambling”.

This Licensing Authority is aware that in accordance with Section 153 of the Gambling Act 2005, in making decisions about premises licences and temporary use notices it should aim to permit the use of premises so far as it thinks it is:

 In accordance with any relevant Code of Practice issued by the Gambling Commission

 In accordance with any relevant Guidance issued by the Gambling Commission

 Reasonably consistent with the Licensing Objectives in accordance with the Licensing Authority’s Statement of Licensing Policy.

Page1 93 1.0 Introduction

1.1 Wirral Borough Council is situated in the County of Merseyside, which contains no district Councils, but 5 metropolitan councils: Knowsley, Liverpool, Sefton, St Helens and Wirral. The Council area has a population of 319,800 (ONS 2010 midyear population estimates) making it the second largest after Liverpool in the County in terms of population. In terms of area it is the largest in Merseyside, covering 60.1 square miles. The Borough is mainly urban in outlook, with 32.85 square miles (54.66% of the borough) covered in Residential, Industrial or Commercial buildings.

The key provided identifies the urban / rural areas as well as regeneration priority areas.

1.2 Licensing Authorities are required by the Gambling Act 2005 to publish a statement of the principles which they propose to apply when exercising their

Page2 94 functions. This statement must be published at least every three years. The statement must also be reviewed from “time to time” and any amended parts re-consulted upon. The statement must then be re-published.

1.3 The Gambling Act 2005 requires that the following parties are consulted by Licensing Authorities:

 The Chief Officer of Police

 One or more persons who appear to the Authority to represent the interests of persons carrying on gambling businesses in the Authority’s area

 One or more persons who appear to the Authority to represent the interests of persons who are likely to be affected by the exercise of the Authority’s functions under the Gambling Act 2005

1.4 A list of the persons that the Council sent this document to for consultation is illustrated at Appendix B.

1.5 The draft was also circulated to consultees and additional copies were available on our web site www.wirral.gov.uk as well as at the Town Hall, Brighton Street, Wallasey, Wirral, CH44 8ED.

1.6 Consultees were advised to send any comments to:

Wirral Licensing Authority Town Hall Brighton Street Wallasey Wirral CH44 8ED

Email: [email protected]

The closing date for comments on the draft policy statement was 14 September 2018.

1.7 It should be noted that this policy statement will not override the right of any person to make an application, make representations about an application, or apply for a review of a licence, as each will be considered on its own merits and according to the statutory requirements of the Gambling Act 2005.

1.8 In determining this policy, the Licensing Authority has had regard to the ‘Guidance issued to Licensing Authorities’ issued by the Gambling Commission. In determining what weight to give to particular representations, the factors to be taken into account will include:

 who is making the representations (what is their interest or expertise)

Page3 95  relevance of the factors to the Licensing Objectives

 how many other people have expressed the same or similar views

 how far the representations relate to matters that the Licensing Authority should be including in its policy statement.

2.0 Declaration

2.1 In producing the final statement, this Licensing Authority has had regard to the Licensing Objectives of the Gambling Act 2005, the Guidance issued by the Gambling Commission, the Licensing Conditions and Codes of Practice and any responses from those consulted on the statement.

3.0 Responsible Authorities

3.1 The Licensing Authority is required by regulations to state the principles it will apply in exercising its powers under Section 157(h) of the Act to designate, in writing, a body which is competent to advise the Authority about the protection of children from harm. The principles are:

 the need for the body to be responsible for an area covering the whole of the Licensing Authority’s area

 the need for the body to be answerable to democratically elected persons, rather than any particular vested interest group

3.2 In accordance with the suggestion in the Gambling Commission’s Guidance for Local Authorities, this Authority designates the Wirral Safeguarding Children Board for this purpose as a Responsible Authority.

3.3 Safeguarding children is a key priority for Wirral Council, and the Licensing Authority expects all licensees to have strict control measures in place to mitigate any risks to underage gambling.

3.4 The Responsible Authorities under the Gambling Act 2005 are:

 Licensing, Wirral Borough Council

 The Gambling Commission

 The Chief Constable, Merseyside Police

 Merseyside Fire and Rescue Authority

 Planning, Wirral Borough Council

 Environmental Health, Wirral Borough Council

 Wirral Safeguarding Children Board

Page4 96  H.M. Revenue & Customs (HMRC)

Subject to any other person being prescribed in Regulations by the Secretary of State. The contact addresses for these Authorities are illustrated at Appendix C.

4.0 Interested Parties

4.1 Interested parties can make representations about licence applications, or apply for a review of an existing licence. These parties are defined in the Gambling Act 2005 as follows:

“For the purposes of this Part a person is an Interested Party in relation to an application for or in respect of a premises licence if, in the opinion of the Licensing Authority which issues the licence or to which the application is made, the person-

a) lives sufficiently close to the premises to be likely to be affected by the authorised activities

b) has business interests that might be affected by the authorised activities

c) represents persons who satisfy paragraph (a) or (b)

4.2 The Licensing Authority is required by regulations to state the principles we will apply in exercising our powers under the Gambling Act 2005 to determine whether a person is an Interested Party.

4.3 When determining what ‘significantly close to the premises’ means the Licensing Authority will take into account:

 the size of the premises  the nature of the premises  the distance of the premises from the location of the person making the representation  the potential impact of the premises such as the number of customers, routes likely to be taken by those visiting the establishment  the circumstances of the person who lives close to the premises. This is not the personal characteristics of the complainant, but their interests which may be relevant to the distance from the premises

The Licensing Authority may determine that ‘sufficiently close to be likely to be affected’ could have a different meaning for (a) a private resident, (b) a residential school for children with truanting problems, and (c) a residential hostel for vulnerable adults.

4.4 In determining whether there is a business interest the Licensing Authority will take into consideration the size of the premises, the catchment area of the

Page5 97 premises and whether the person making the representation has a business interest in that catchment area that could be affected. The nature and scope of business interest that could be affected will also be taken into consideration.

4.5 In considering whether there is a business interest the Licensing Authority will consider business interests in its widest possible interpretation, to include partnerships, charities, faith groups and medical practices.

4.6 Interested parties can be persons who are democratically elected such as Councillors, M.P.’s etc. No specific evidence of being asked to represent an interested party will be required as long as the Councillor / M.P. etc. represents the Ward likely to be affected. Save for democratically elected persons, other representations may include bodies such as trade associations and trade unions, and residents’ and tenants’ associations. A School Head or Governor might act in representing the interests of pupils or parents and a community group might represent vulnerable people living near to the premises. This Authority will generally require written evidence that a person/body (e.g. an advocate / relative) ‘represents’ someone who either lives sufficiently close to the premises to be likely to be affected by the authorised activities and/or has business interests that might be affected by the authorised activities. A letter from one of these persons, requesting the representation is sufficient.

4.7 If individuals wish to approach Councillors to ask them to represent their views then care should be taken that the Councillors are not part of the Licensing Committee dealing with the licence application. If there are any doubts then please contact the Licensing Department at the Town Hall, Brighton Street, Wallasey, CH44 8ED or email [email protected].

5.0 Exchange of Information

5.1 The Licensing Authority recognises that shared regulation depends on effective partnership and collaborations. The exchange of information between the Commission and Licensing Authorities is an important aspect of that and to the benefit of both. Licensing Authorities play a particular role in sharing information about gambling activity at a local level, which is important for the Commission’s overarching view of gambling activity, not least because that enables the Commission to identify risks and feed information and intelligence back to licensing authorities. It also enables the Commission to fulfil its duty to advise the Secretary of State about the incidence of gambling and the manner in which it is conducted.

Section 29 of The Gambling Act 2005 enables the Commission to require information from Licensing Authorities, including the manner in which the information is compiled, collated and the form in which it is provided, providing that it:

 forms part of a register maintained under the Act

Page6 98  is in the possession of the Licensing Authority in connection with a provision of the Act.

5.2 This Licensing Authority will act in accordance with the provisions of the Gambling Act 2005 in its exchange of information which includes compliance with the General Data Protection Regulations. We will also have regard to any Guidance issued by the Gambling Commission to Local Authorities on this matter, as well as any relevant regulations issued by the Secretary of State under the powers provided in the Gambling Act 2005.

5.3 Section 350 of The Gambling Act 2005 allows Licensing Authorities to exchange information with other persons or bodies for use in the exercise of functions under the Act. Those persons or bodies are listed in Schedule 6(1) as:

 a Constable or Police Force  an Enforcement Officer  a Licensing Authority  HMRC  the First Tier Tribunal  the Secretary of State  Scottish Ministers.

5.4 As a Licensing Authority we will maintain data on Premises Licences. As part of the application process for a premises licence, applicants will forward notice of the application to the Commission, and we will subsequently notify the Commission of the outcome of each application, whether it is granted or refused. The Act also requires Licensing Authorities to notify the Commission of other matters such as when a licence has lapsed or been surrendered, and the cancellation of certain permits and registrations. Under s.29 of the Act, the Commission has identified further information requirements that it is necessary for Licensing Authorities to provide, which form part of the Licensing Authority Return in the Single Data List.

5.5 Should any protocols be established as regards information exchange with other bodies then they will be made available.

6.0 Enforcement

6.1 Licensing Authorities are required by regulation under the Gambling Act 2005 to state the principles to be applied by the Authority in exercising the functions under Part 15 of the Act with respect to the inspection of premises; and the powers under Section 346 of the Act to institute criminal proceedings in respect of the offences specified.

6.2 This Licensing Authority’s principles are that it will be guided by the Gambling Commission’s Guidance for Local Authorities and will apply the principles of good regulation in accordance with the principles of better regulation and the Regulators’ Code. In accordance with the Regulators Code, this Authority aims to support businesses and individuals to comply with the law and grow

Page7 99 within the Borough. The Licensing Authority understands that regulatory activity can have cost implications on businesses. We will undertake such activity to minimise the negative economic impact of this work were possible, choosing proportionate and effective approaches to regulation. This means that inspections and enforcement activities will be undertaken in accordance with the following principles:

 Proportionate: We will only intervene when necessary: remedies will be appropriate to the risk posed, and costs identified and minimised

 Accountable: We will justify our decisions and be subject to public scrutiny

 Consistent: Rules and standards will be joined up and implemented fairly

 Transparent: We will be open and transparent and keep regulations simple and user friendly

 Targeted: Regulation will be focused on the problem, and minimise side effects

6.3 In accordance with the Gambling Commission’s Guidance for Local Authorities this Licensing Authority will endeavour to avoid duplication with other regulatory regimes so far as possible.

6.4 This Licensing will target high risk premises which require greater attention and will operate a lighter touch in respect of low risk premises. The criteria the Licensing Authority will use to determine the level of risk will include;

 The Licensing Objectives  Relevant Codes of Practice  Guidance issued by the Gambling Commission, in particular at Part 36  The principles set out in this statement of Licensing Policy

6.5 The main enforcement and compliance role for this Licensing Authority in terms of the Gambling Act 2005 will be to ensure compliance with the premises licences and other permissions which it authorises. The Gambling Commission will be the Enforcement Body for operating and personal licences. Concerns about manufacture, supply or repair of gaming machines will not be dealt with by the Licensing Authority but will be notified to the Gambling Commission.

6.6 Bearing in mind the principle of transparency, this Licensing Authority’s enforcement/compliance protocols/written agreements will be available upon request at the Licensing Department, Town Hall, Brighton Street, Wallasey CH44 8ED and on the Council Website – www.wirral.gov.uk.

Page 1008 6.7 In accordance with the Regulators Code this Licensing Authority has produced an Enforcement Policy which is available upon request at the Licensing Department, Town Hall, Brighton Street, Wallasey CH44 8ED and on the Council Website – www.wirral.gov.uk.

7.0 Local Risk Assessment

7.1 The social responsibility code requires licensees to assess the local risks to the licensing objectives posed by the provision of gambling facilities at each of their premises, and have policies, procedures and control measures to mitigate those risks. In undertaking their risk assessments, it is expected that premises located in Wirral will have regard to Local Insight Wirral which is an online tool providing detailed area profiles of Wirral. It can be found online within this link https://wirral.communityinsight.org/.

7.2 Applicants are required to undertake a local risk assessment when applying for a new premises licence. Risk assessment must also be updated:

 when applying for a variation of a premises licence

 to take account of significant changes in local circumstances, which may be highlighted in the Local Insight Wirral tool which is updated on a monthly basis

 when there are significant changes at a licensee’s premises that may affect their mitigation of local risks.

7.3 The social responsibility provision is supplemented by an ordinary code provision that requires Licence Holders to share their risk assessment with licensing authorities when applying for a premises licence or applying for a variation to existing licensed premises, or otherwise at the request of the licensing authority.

8.0 Local Area Profile

8.1 Wirral Council has developed its own assessment of the local environment and has mapped out the key characteristics of the local areas. This assessment which applicants can use to have a better understanding of a particular area can be found online within this link: https://wirral.communityinsight.org/.

8.2 For example, an area might be identified as high risk on the basis that it is located within close proximity to a youth centre, rehabilitation centre, or school. In these circumstances, the licensing authority would expect licence holders to take appropriate steps to ensure that they have sufficient controls in place to mitigate associated risks in such areas and, if not, the licensing authority would consider other controls themselves.

8.3 The licensing authority will expect operators and new applicants to use the local area profiles to inform of specific risks that operators will need to address

Page9 101 in the risk assessments which will form part of any new licence application, or an application to vary a licence.

9.0 Licensing Authority Functions

9.1 Licensing Authorities are required under the Act to:

 Be responsible for the licensing of premises where gambling activities are to take place by issuing Premises Licences

 Issue Provisional Statements

 Regulate Members’ Clubs and Miners’ Welfare Institutes who wish to undertake certain gaming activities via issuing Club Gaming Permits and/or Club Machine Permits

 Issue Club Machine Permits to Commercial Clubs

 Grant permits for the use of certain lower stake gaming machines at unlicensed Family Entertainment Centres

 Receive notifications from alcohol licensed premises (under the Licensing Act 2003) for the use of two or fewer gaming machines

 Issue Licensed Premises Gaming Machine Permits for premises licensed to sell/supply alcohol for consumption on the licensed premises, under the Licensing Act 2003, where there are more than two machines

 Register Small Society Lotteries below prescribed thresholds

 Issue Prize Gaming Permits

 Receive and Endorse Temporary Use Notices

 Receive Occasional Use Notices

 Provide information to the Gambling Commission regarding details of licences issued

 Maintain registers of the permits and licences that are issued under these functions

10.0 Allocation of Decision Making Responsibilities

10.1 The Licensing Authority is involved in a wide range of licensing decisions and functions which will be administered by the Licensing Act 2003 Committee and Sub-Committees thereof.

10.2 Many of the decisions and functions will be purely administrative in nature and the grant of non-contentious applications, including for example, those

Page 10102 licences and permits where no representations have been made, is delegated to Council Officers.

10.3 The table shown at Appendix A sets out the agreed delegation of decisions and functions to the Licensing Act 2003 Committee, Sub-Committees and Officers. This form of delegation is without prejudice to an Officer referring an application to a Sub-Committee, a full Committee, or to full Council, if considered appropriate in the circumstances of any particular case.

10.4 The Licensing Authority’s decision making process will be informed by the local area profile and will have particular regard to the proximity of gambling premises to schools, vulnerable adult centres, residential areas where there is a high concentration of families with children and areas of the Borough that are particularly attractive to children such as New Brighton.

10.5 Each application will be decided on it merits taking into consideration how the applicant can demonstrate that they can overcome concerns that the Licensing Objectives may not be met.

11.0 Premises Licences

General Principles

11.1 Premises Licences are subject to the requirements set-out in the Gambling Act 2005 and regulations, as well as specific mandatory and default conditions which are detailed in Regulations issued by the Secretary of State.

11.2 The Licensing Authority are able to exclude default conditions and also attach other conditions, where we believe it to be appropriate.

11.3 This Licensing Authority is aware that in making decisions about premises licences we should aim to permit the use of premises for gambling in so far as we think it is:

 In accordance with any relevant code of practice issued by the Gambling Commission

 In accordance with any relevant Guidance issued by the Gambling Commission

 Reasonably consistent with the Licensing Objectives

 In accordance with this Statement of Licensing Policy

The Licensing Authority will not take into consideration whether there is demand for a particular gambling premises when making it’s decision.

11.4 It is appreciated that gambling can be an emotive subject but acknowledge that in accordance with Gambling Commission Guidance for Local Authorities,

Page11 103 “moral objections to gambling are not a valid reason to reject applications for premises licences”.

11.5 Representations made in respect of applications should be based on the Licensing Objectives as set out at Page 1 of this Policy. It is important to note that the Licensing Objectives are different to those set out in The Licensing Act 2003 and do not include the prevention of public nuisance or public safety.

11.6 Premises is defined in the Act as “any place”. Different premises licences cannot apply in respect of a single premises at different times. It is however possible for a single building to be subject to more than one premises licence, providing that each licence is for a different part of the building and such different parts can be properly regarded as different premises.

11.7 The Licensing Authority will judge each case on its individual merits to decide as a matter of fact, whether different parts of a building can be properly regarded as being separate premises.

11.8 The Gambling Commission, in their guidance, do not consider that areas of a building that are artificially or temporarily separate for examples by ropes or movable partitions, can be properly regarded as different premises. This Licensing Authority supports this view.

11.9 The location of the premises will clearly be an important consideration and a significant factor that the Licensing Authority will consider is whether the premises are genuinely separate premises that merit their own licence and are not artificially created part of what is readily identifiable as a single premises. The suitability of the division is likely to be a matter for discussion between the operator and the Licensing Officer. As stated above areas of a building that are artificially or temporarily separated, for example by ropes or moveable partitions, will not properly be regarded as different premises.

11.10 The Licensing Authority make particular note of the Gambling Commission’s “Guidance to Licensing Authorities” which states that: Licensing Authorities should take particular care in considering applications for multiple licences for a building and those relating to a discrete part of a building used for other (non-gambling) purposes. In particular they should be aware of the following:

 The third Licensing Objective seeks to protect children from being harmed by gambling. In practice that means not only preventing them from taking part in gambling, but also preventing them from being in close proximity to gambling. Therefore premises should be configured so that children are not invited to participate in, have accidental access to or closely observe gambling where they are prohibited from participating.  Entrances to and exits from parts of a building covered by one or more premises licences should be separate and identifiable so that the separation of different premises is not compromised and people do not ‘drift’ into a gambling area. In this context it should normally be possible to access the premises without going through another licensed premises or premises without a permit.

Page 12104  Customers should be able to participate in the activity named on the premises licence.

11.11 In determining whether premises are truly separate the Licensing Authority will consider the following factors:

 Do the premises have a separate registration for business rates?  Is the premises’ neighbouring premises owned by the same person or someone else?  Can each of the premises be accessed from the street or a public passageway?  Can the premises only be accessed from any other gambling premises?

11.12 An issue that may arise when division of a premises is being considered is the nature of the unlicensed area from which a customer may access a licensed gambling premises. The precise nature of this public area will depend on the location and nature of the premises. As a Licensing Authority we will need to consider whether the effect of any division is to create a machine shed-type environment with very large banks of machines, which is not the intention of the access conditions, or whether it creates a public environment with gambling facilities being made available.

11.13 The Gambling Act 2005 (Mandatory and Default Conditions) Regulations 9 sets out the access provisions for each type of premises. The broad principle is that there can be no access from one licensed gambling premises to another, except between premises which allow access to those under the age of 18 years and with the further exception that licensed betting premises may be accessed from other licensed betting premises. Under-18s can go into Family Entertainment Centres (FEC), tracks, pubs and some bingo clubs, so access is allowed between these types of premises.

11.14 The relevant access provisions for each premises type is as follows:

Type of Premises Access Provisions Casinos  the principal entrance to the premises must be from a ‘street’  no entrance to a casino must be from premises that are used wholly or mainly by children and/or young persons  no customer must be able to enter a casino directly from any other premises which holds a gambling premises licence. Adult Gaming  no customer must be able to access the Centres (AGC) premises directly from any other licensed gambling premises Betting Shops  access must be from a ‘street’ or from other premises with a betting premises licence  no direct access from a betting shop to another premises used for the retail sale of

Page13 105 merchandise or services. In effect there cannot be an entrance to a betting shop from a shop of any kind unless that shop is itself a licensed betting premises. Tracks  no customer must be able to access the premises directly from a casino or AGC Bingo Premises  no customer must be able to access the premises directly from a casino, an AGC or a betting premises, other than a track Family Entertainment  no customer must be able to access the Centres premises directly from a casino, an AGC or a betting premises, other than a track.

11.15 This Authority will consider the above requirement and other relevant factors in making its decision, depending on all the circumstances of the case.

12.0 Premises “ready for gambling”

12.1 The Guidance states that a Licence to use premises for gambling should only be issued in relation to premises that the Licensing Authority can be satisfied are going to be ready to be used for gambling in the reasonably near future, consistent with the scale of building or alterations required before the premises are brought into use.

12.2 If the construction of a premises is not yet complete, or if they need alteration, or if the applicant does not yet have a right to occupy them, then an application for a provisional statement should be made. It is recognised however, by this Authority that Operators can apply for a Premises Licence in respect of premises which have still to be constructed or altered.

In these circumstances where there are outstanding construction or alteration works in respect of a premises, this Authority will determine applications on their merits, applying a two stage consideration process:-

 First, whether the premises ought to be permitted to be used for gambling  Second, whether appropriate conditions can be put in place to cater for the situation that the premises are not yet in the state in which they ought to be before gambling takes place

12.4 Applicants should note that this Authority is entitled to decide that it is appropriate to grant a licence subject to conditions, but it is not obliged to grant such a licence.

13.0 Location

13.1 This Licensing Authority is aware that demand issues cannot be considered in relation to the location of premises but that considerations made in terms of the Licensing Objectives can be considered.

Page 14106 13.2 The Licensing Authority, in accordance with the Gambling Commission’s “Guidance for Local Authorities”, will pay particular attention to the protection of children and vulnerable persons from being harmed or exploited by gambling, as well as issues of crime and disorder.

13.3 This Authority has not adopted any specific policy in relation to areas where gambling premises should not be located. Should any such policy be decided upon regarding such areas where gambling premises should not be located, this policy statement will be updated.

13.4 It should be noted that any such future policy will not preclude any application being made and each application will be decided on its merits, with the onus upon the applicant showing how any potential concerns can be overcome.

14.0 Planning and Building Control

14.1 In determining applications the Licensing Authority will undertake its duty to take into consideration all relevant matters and not to take into consideration any irrelevant matters, in effect those not related to gambling and the Licensing Objectives. One example of an irrelevant matter would be the likelihood of the applicant obtaining planning permission or building regulations approval for their proposal.

14.2 When dealing with a Premises Licence application for finished buildings, the Licensing Authority will not take into account whether those buildings have or comply with the necessary planning or building consents. Nor will fire or health and safety risks be taken into account. Those matters should be dealt with under relevant Planning and Building Control and other regulations, and will not form part of the consideration for the Premises Licence. Section 210 of the 2005 Act prevents Licensing Authorities taking into account the likelihood of the proposal by the applicant obtaining planning or building consent when considering a premises licence application. Equally the grant of a gambling premises licence does not prejudice or prevent any action that may be appropriate under the law relating to Planning or Building Control.

15.0 Duplication with other Regulatory Regimes

15.1 This Licensing Authority will seek to avoid any duplication with other statutory / regulatory systems where possible, including planning. This Authority will not consider whether a licence application is likely to be awarded planning permission or building regulations approval, in its consideration of it. It will though, listen to, and consider carefully, any concerns about conditions which are not able to be met by licensees due to planning restrictions, should such a situation arise.

16.0 Licensing Objectives

16.1 Premises Licences granted must be reasonably consistent with the Licensing Objectives. With regard to these Objectives, this Licensing Authority has

Page15 107 considered the Gambling Commission’s Guidance to Local Authorities and some comments are made below.

16.2 Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime. This Licensing Authority is aware that the Gambling Commission takes a leading role in preventing gambling from being a source of crime. The Gambling Commission’s Guidance does however envisage that the Licensing Authority should pay attention to the proposed location of gambling premises in terms of this Licensing Objective. Therefore, where an area has known high levels of organised crime, we will consider carefully whether gambling premises are suitable to be located there and whether conditions may be suitable, such as, the provision of door supervisors. Responsible Authorities would however have the right to make representation with regard to such premises.

16.3 The Licensing Authority is aware of the distinction between disorder and nuisance and will consider factors such as whether Police assistance was required and how threatening the behaviour was to those who could see it, so as to make that distinction. It should be noted that prevention of nuisance is not a Gambling Act Licensing Objective.

16.4 In considering licence applications, the Licensing Authority will particularly take into account the following:  The design and layout of the premises  The training given to staff in crime prevention measures appropriate to those premises  Physical security features installed in the premises. This may include matters such as the position of cash registers or the standard of CCTV that is installed  Where premises are subject to age-restrictions, the procedures in place to conduct age verification checks  The likelihood of any violence, public order or policing problem if the licence is granted

16.5 Ensuring that gambling is conducted in a fair and open way. This Licensing Authority is aware that the Gambling Commission has stated that it would generally not expect Licensing Authorities to become concerned with ensuring that gambling is conducted in a fair and open way as this will be addressed by the operator and personal licensing system.

16.6 Should this Licensing Authority suspect that gambling is not being conducted in a fair and open way this will be brought to the attention of the Gambling Commission.

16.7 Protecting children and other vulnerable persons from being harmed or exploited by gambling.

Page 16108 16.8 The Licensing Authority will have particular regard to whether staff are able to adequately supervise premises to prevent underage gambling.

16.9 Appropriate measures may include supervision of access points, segregation of areas, CCTV, the use of floor walkers, the position of counters etc.

If the operator fails to satisfy this Licensing Authority that the risks to underage gambling are sufficiently mitigated, it may be appropriate for us to conduct a review of the Premises Licence.

16.10 In reference to the term “vulnerable persons” we note that the Gambling Commission or statute law does not seek to offer a definition but the Commission states that “it will for regulatory purposes assume that this group includes:

 People who gamble more than they want to

 People who gamble beyond their means

 People who may not be able to make informed or balanced decisions about gambling due to a mental impairment, alcohol or drugs”.

16.11 This Licensing Authority will consider promotion of this Licensing Objective on a common sense, case by case basis. This Licensing Authority will interpret vulnerable persons in its widest possible concept and does not limit the definition to individuals who participate in gambling but recognises that it may include individuals who are affected by those who gamble, for example, children of adults who gamble beyond their means. This will be reflected in the local area profile and will be balanced with the legal requirement to aim to permit the use of premises for gambling. Whilst there is a presumption in favour of permitting the relevant premises to be used for gambling, this Licensing Authority may not do so unless satisfied that such use would be in accordance with the Guidance to Licensing Authorities, any relevant Commission Code of Practice, its own statement of Licensing Policy, and the Licensing Objectives. Should a practical definition prove possible in future then this policy statement will be updated with it, by way of a revision.

17.0 Conditions

17.1 Any conditions attached to licences will be proportionate and will be:

 Relevant to the need to make the proposed building suitable as a gambling facility

 Directly related to the premises and the type of licence applied for

 Fairly and reasonably related to the scale and type of premises

 Reasonable in all other respects

Page17 109 17.2 Decisions upon individual conditions will be made on a case by case basis, although there will be a number of measures this Licensing Authority will consider utilising, should there be a perceived need, such as the use of supervisors, appropriate signage for adult only areas etc. There are specific comments made in this regard under some of the licence types below. This Licensing Authority will also expect the Licence Applicant to offer his/her own suggestions as to ways in which the Licensing Objectives can be met effectively.

17.3 This Licensing Authority will also consider specific measures which may be required for buildings which are subject to multiple premises licences. Such measures may include the supervision of entrances; segregation of gambling from non-gambling areas frequented by children; and the supervision of gaming machines in non-adult gambling specific premises in order to pursue the Licensing Objectives. These matters are in accordance with the Gambling Commission's Guidance.

17.4 This Authority will also ensure that where category C or above machines are on offer in premises to which children are admitted:

 All such machines are located in an area of the premises which is separated from the remainder of the premises by a physical barrier which is effective to prevent access other than through a designated entrance

 Only adults are admitted to the area where these machines are located

 Access to the area where the machines are located is supervised

 The area where these machines are located is arranged so that it can be observed by the staff or the licence holder

 At the entrance to and inside any such areas there are prominently displayed notices indicating that access to the area is prohibited to persons under 18

17.5 These considerations will apply to premises including buildings where multiple premises licences are applicable.

17.6 It is noted that there are conditions which the Licensing Authority cannot attach to Premises Licences, they are

 Any condition on the Premises Licence which makes it impossible to comply with an Operating Licence condition

 Conditions relating to gaming machine categories, numbers, or method of operation

 Conditions which provide that membership of a club or body be required. (The Gambling Act 2005 specifically removes the membership requirement for casino and bingo clubs and this provision prevents it being reinstated)

Page 18110  Conditions in relation to stakes, fees, winning or prizes

18.0 Door Supervisors

18.1 The Gambling Commission advises in its “Guidance to Licensing Authorities” that if a Licensing Authority is concerned that a premises may attract disorder or be subject to attempts at unauthorised access (for example by children and young persons) then it may require that the entrances to the premises are controlled by a door supervisor, and is entitled to impose a premises licence condition to this effect.

18.2 Where it is decided that supervision of entrances/machines is appropriate for particular cases, a consideration of whether these need to be SIA licensed or not will be necessary. It will not be automatically assumed that they need to be licensed, as the statutory requirements for different types of premises vary (as per the Guidance, Part 33).

19.0 Adult Gaming Centres

19.1 This Licensing Authority will specifically have regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect an applicant to satisfy the Authority that there will be sufficient measures to ensure that persons under the age of 18 do not have access to the premises.

19.2 This Licensing Authority will expect applicants to offer their own measures to meet the Licensing Objectives, appropriate measures or licence conditions may cover issues such as:

 Proof of age schemes

 CCTV

 Supervision of entrances / machine areas

 Physical separation of areas

 Location of entry

 Notices/signage

 Specific opening hours

 Self-exclusion schemes

 Provision of information leaflets / helpline numbers for organisations such as GamCare

Page19 111 This list is not mandatory, nor exhaustive, and is merely indicative of example measures.

20.0 Licensed Family Entertainment Centres

20.1 This Licensing Authority will specifically have regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy the Authority, for example, that there will be sufficient measures to ensure that under 18 year olds do not have access to the adult only gaming machine areas.

20.2 This Licensing Authority will expect applicants to offer their own measures to meet the Licensing Objectives, appropriate measures / licence conditions may cover issues such as:

 CCTV

 Supervision of entrances / machine areas

 Physical separation of areas

 Location of entry

 Notices / signage

 Specific opening hours

 Self-exclusion schemes

 Provision of information leaflets / helpline numbers for organisations such as GamCare.

 Measures / training for staff on how to deal with suspected truant school children on the premises

This list is not mandatory, nor exhaustive, and is merely indicative of example measures.

20.3 This Licensing Authority will, in accordance with the Gambling Commission’s guidance, refer to the Commission to see any conditions that apply to Operating Licences covering the way in which the area containing the category C machines should be delineated. This Licensing Authority will also make itself aware of any mandatory or default conditions on these premises licences as well as the requirements under the Social Responsibility Code.

21.0 Casinos

21.1 No Casinos resolution - This Licensing Authority has not passed a ‘no casino’ resolution under Section 166 of the Gambling Act 2005, but is aware

Page 20112 that it has the power to do so. Should this Licensing Authority decide in the future to pass such a resolution, it will update this policy statement with details of that resolution. Any such decision will be made by the Full Council.

22.0 Bingo Premises

22.1 This Licensing Authority notes that the Gambling Commission’s Guidance states:

18.5 Licensing Authorities will need to satisfy themselves that Bingo can be played in any bingo premises for which they issue a Premises Licence. This will be a relevant consideration where the operator of an existing bingo premises applies to vary their licence to exclude an area of the existing premises from its ambit and then applies for a new premises licence, or multiple licences, for that or those excluded areas.

22.2 Children and young people are allowed into bingo premises; however they are not permitted to participate in the Bingo and if category B or C machines are made available for use these must be separated from areas where children and young people are allowed.

22.3 This Licensing Authority will expect applicants to offer their own measures to meet the Licensing Objectives, appropriate measures or licence conditions may cover issues such as:

 Proof of age schemes

 CCTV

 Supervision of entrances / machine areas

 Physical separation of areas

 Location of entry

 Notices/signage

 Specific opening hours

 Self-exclusion schemes

 Provision of information leaflets / helpline numbers for organisations such as GamCare

This list is not mandatory, nor exhaustive, and is merely indicative of example measures.

22.4 If the Licensing Authority receives an application to vary a Premises Licence for bingo or betting in order to extend the opening hours, the Authority will need to satisfy itself that the reason for the application is in line with the

Page21 113 requirements on primary gambling activity (i.e. the need for operating licence holders to ensure that the gambling activity appropriate to the licence type (‘the primary activity’ or ‘the principal activity’) is actually offered at those premises and not replaced by the making available of gaming machines). Therefore, the applicant should be able to demonstrate that the extension of the opening hours is not designed solely to benefit from the machine entitlement and activity which is ancillary to the primary activity of the premises, namely betting or bingo.

23.0 Bingo in Clubs and Alcohol Licensed Premises

23.1 Bingo will be permitted on Alcohol Licensed Premises, and in Clubs and Miners’ Welfare Institutes, under the allowances for exempt gaming in Part 12 of the Act. Where the level of Bingo played in these premises, under the exempt gaming allowances, reaches a certain threshold, it will no longer be authorised by these allowances, and a Bingo Operating Licence will have to be obtained from the Commission for future Bingo games. The aim of these provisions is to prevent Bingo becoming a predominant commercial activity on such non-gambling premises.

23.2 The threshold is that if the bingo played during any seven-day period exceeds £2,000 (either in money taken or prizes awarded) once a year, referred to as “high turnover Bingo”. There is a legal duty on the licensee or club to inform the Commission if at any point its bingo in any seven-day period exceeds this threshold. That allows the Commission to monitor the bingo activity on the premises, and discuss with the relevant licensee or club the point at which a Bingo Operating Licence may be needed. A ‘high turnover period’ begins with the first day of the seven day period in which the threshold was exceeded and lasts for a year. If a second period of high turnover Bingo occurs within that year, a Bingo Operating Licence will be required. Where bingo is played in a Members Club under a Bingo Operating Licence no premises licence will be required.

23.3 The Commission will be informed if it comes to the attention of this Licensing Authority that alcohol-licensed premises or clubs or institutes are playing bingo during the course of a week which involves significant stakes and prizes, which makes it possible that the £2,000 in seven days is being exceeded.

24.0 Betting Premises

24.1 Betting machines This Licensing Authority will, in accordance with the Gambling Commission's Guidance, take into account the size of the premises, the number of counter positions available for person-to-person transactions, and the ability of staff to monitor the use of the machines by children and young persons (it is an offence for those under 18 to bet) or by vulnerable people, when considering the number/nature/circumstances of betting machines an operator wants to offer.

24.2 This Licensing Authority will expect applicants to offer their own measures to meet the Licensing Objectives, appropriate measures or licence conditions

Page 22114 may cover issues such as:

 Proof of age schemes

 CCTV

 Supervision of entrances / machine areas

 Location of entry

 Notices/signage

 Specific opening hours

 Self-exclusion schemes

 Provision of information leaflets / helpline numbers for organisations such as GamCare

This list is not mandatory, nor exhaustive, and is merely indicative of example measures.

24.3 It is not permissible for an operator to offer gaming machines on a premises which is licensed for non-remote betting but not to offer sufficient facilities for non-remote betting. A non-remote betting operating licence authorises its holder to ‘provide facilities for betting’ (s.65(2)(c) of the Act). Likewise, a betting premises licence authorises premises to be used for ‘the provision of facilities for betting…’ (s.150(1)(e) of the Act). The ability to make up to four gaming machines, within categories B2 – D, available is an additional authorisation conferred upon the holder of a betting premises licence (s.172(8) of the Act); it is not a free standing right to make gaming machines available for use. It follows that unless a betting premises operator offers sufficient facilities for betting it should not be making gaming machines available on the premises in question.

24.4 This Licensing Authority supports the Commission’s view that it is also important, in relation to the licensing objective of protecting vulnerable persons from being harmed or exploited by gambling, that customers should be offered a balanced mix of betting and gaming machines in licensed betting premises.

24.5 Accordingly, an Operating Licence condition provides that gaming machines may be made available for use in Licensed Betting Premises only at times when there are also sufficient facilities for betting available. In this respect, such facilities must include information that enables customers to access details of events on which bets can be made, make such bets, learn of the outcome and collect any winnings.

24.6 Self Service Betting Terminals (SSBTs)

Page23 115 24.7 The Gambling Act 2005 provides that a SSBT is not a gaming machine if it is designated or adapted for use to bet on future real events. However, where a machine is made available to take bets on virtual races (that is, results and/or images generated by computer to resemble races or other events) that machine is a gaming machine and counts towards the maximum permitted number of gaming machines, and must meet the relevant category limitations for the premises.

24.8 The legislation provides licensing authorities with the power to restrict the number of SSBTs, their nature and the circumstances in which they are made available by attaching a licence condition to a betting premises licence. When considering whether to impose a condition to restrict the number of SSBTs in particular premises, the licensing authority, amongst other things, will take into account the ability of employees to monitor the use of the machines by children and young persons or by vulnerable people.

25.0 Travelling Fairs

25.1 This Licensing Authority is responsible for deciding whether, where category D machines and/or equal chance prize gaming without a permit is to be made available for use at travelling fairs, the statutory requirement that the facilities for gambling amount to no more than an ancillary amusement at the fair is met.

25.2 This Licensing Authority will also consider whether the applicant falls within the statutory definition of a travelling fair.

25.3 It has been noted that the 27-day statutory maximum for the land being used as a fair, is per calendar year, and that it applies to the piece of land on which the fairs are held, regardless of whether it is the same or different travelling fairs occupying the land. This Licensing Authority will work with its neighbouring Authorities to ensure that land which crosses our boundaries is monitored so that the statutory limits are not exceeded.

26.0 Provisional Statements

26.1 Developers may wish to apply to this Authority for Provisional Statements before entering into a contract to buy or lease property or land to judge whether a development is worth taking forward in light of the need to obtain a Premises Licence. There is no need for the applicant to hold an Operating Licence in order to apply for a provisional statement.

26.2 Section 204 of the Gambling Act provides for a person to make an application to the Licensing Authority for a provisional statement in respect of premises that he or she:

 expects to be constructed;  expects to be altered; or  expects to acquire a right to occupy.

Page 24116 26.3 The process for considering an application for a provisional statement is the same as that for a Premises Licence application. The applicant is obliged to give notice of the application in the same way as applying for a premises licence. Responsible Authorities and interested parties may make representations and there are rights of appeal.

26.4 In contrast to the Premises Licence application, the applicant does not have to hold or have applied for an Operating Licence from the Gambling Commission (except in the case of a track) and they do not have to have a right to occupy the premises in respect of which their Provisional application is made.

26.5 The holder of a Provisional Statement may then apply for a Premises Licence once the premises are constructed, altered or acquired. The Licensing Authority will be constrained in the matters it can consider when determining the Premises Licence application, and in terms of representations about Premises Licence applications that follow the grant of a Provisional Statement, no further representations from relevant Authorities or interested parties can be taken into account unless:

 they concern matters which could not have been addressed at the provisional statement stage, or

 they reflect a change in the applicant’s circumstances.

26.6 In addition, the Authority may refuse the Premises Licence (or grant it on terms different to those attached to the Provisional Statement) only by reference to matters:

 which could not have been raised by objectors at the Provisional Statement stage;

 which in the Authority’s opinion reflect a change in the operator’s circumstances; or

 where the Premises has not been constructed in accordance with the plan submitted with the application. This must be a substantial change to the plan and this Licensing Authority notes that it can discuss any concerns it has with the applicant before making a decision.

27.0 Reviews

27.1 Requests for a review of a Premises Licence can be made by interested parties or Responsible Authorities, or may be initiated by the Licensing Authority.

27.2 The ‘aim to permit’ framework provides wide scope for Licensing Authorities to review Premises Licences where there is an inherent conflict with the Commission’s codes of practice and this Guidance, the licensing objectives or the licensing authorities own policy statement.

Page25 117 27.3 In relation to a class of premises, we may review the use made of premises and, in particular, the arrangements that Premises Licence holders have made to comply with licence conditions. In relation to these general reviews, it is likely that we will be acting as a result of concerns or complaints about particular types of premises or following an inspection of a premises which may result in them looking at, for example, default conditions that apply to that category of licence.

27.4 In relation to particular premises, we may review any matter connected with the use made of the premises if:

• we have reason to suspect that premises licence conditions are not being observed

• the premises is operating outside of the principles set out in the Licensing Authority’s Policy Statement

• there is evidence to suggest that compliance with the Licensing Objectives is at risk

• for any other reason which gives us cause to believe that a Review may be appropriate, such as a complaint from a third party.

27.5 In particular, the Licensing Authority may also initiate a review of a Premises Licence on the grounds that a Premises Licence holder has not provided facilities for gambling at the premises. This is to prevent people from applying for licences in a speculative manner without intending to use them.

27.6 A formal review would normally be at the end of a process of ensuring compliance by the operator(s) which might include an initial investigation by a Licensing Authority Officer, informal mediation or dispute resolution. If the concerns are not resolved then, after a formal review, the Licensing Authority may impose additional conditions or revoke the Licence.

27.7 The determination of whether a review should be carried out will give consideration to the following in respect of whether the way in which the premises is operating is:

 In accordance with any relevant Code of Practice issued by the Gambling Commission

 In accordance with any relevant guidance issued by the Gambling Commission

 Reasonably consistent with the Licensing Objectives

 In accordance with the Authority’s Statement of Principles

27.8 The Licensing Authority will also take into consideration whether the request is either frivolous, vexatious or would certainly not cause this Authority to wish to

Page 26118 alter/revoke/suspend the Licence. The Licensing Authority will also consider whether the representations made in the application for a Review are substantially the same as previous representations or requests for Review. In determining this matter, the Licensing Authority will take into account how much time has passed since any earlier application for a Review or since the Licence was granted.

27.9 The Licensing Authority can also initiate a Review of a Licence on the basis of any reason which it thinks is appropriate.

27.10 Once a valid application for a Review has been received by the Licensing Authority, representations can be made by Responsible Authorities and Interested Parties during a 28 day period. This period begins 7 days after the application was received by the Licensing Authority, who will publish notice of the application within 7 days of receipt.

The Licensing Authority must carry out the review as soon as possible after the 28 day period for making representations has passed.

27.11 The purpose of the review will be to determine whether the Licensing Authority should take any action in relation to the Licence. If action is justified, the options open to the Licensing Authority are to:-

(a) add, remove or amend a licence condition imposed by the Licensing Authority; (b) exclude a default condition imposed by the Secretary of State or Scottish Ministers (e.g. opening hours) or remove or amend such an exclusion; (c) suspend the premises licence for a period not exceeding three months; and (d) revoke the premises licence.

27.12 In determining what action, if any, should be taken following a review, the Licensing Authority must have regard to the principles set out in section 153 of the Act, as well as any relevant representations.

Once the review has been completed, the Licensing Authority must, as soon as possible, notify its decision to:

- the Licence holder - the applicant for review (if any) - the Commission - any person who made representations - the Chief Officer of Police or Chief Constable; and - Her Majesty’s Commissioners for Revenue and Customs

Page27 119 PERMITS/TEMPORARY AND OCCASIONAL USE NOTICE

28.0 Unlicensed Family Entertainment Centre Gaming Machine Permits.

28.1 Unlicensed family entertainment centres (UFEC) are able to offer only category D machines in reliance on a Gaming Machine Permit. Any number of category D machines can be made available with such a permit, although there may be other considerations, such as Fire Regulations and health and safety, to take into account. Permits cannot be issued in respect of vessels or vehicles.

28.2 UFECs are premises which are ‘wholly or mainly’ used for making gaming machines available. The permit cannot therefore be granted for an entire shopping centre, airport or bowling alley, for example.

28.3 A permit lapses if the Licensing Authority informs the permit holder that the premises are not being used as a Family Entertainment Centre (FEC).

28.4 If the operator wishes to make category C machines available in addition to category D machines, the Operator will need to apply for a ‘Gaming Machine General Operating Licence (Family Entertainment Centre)’ from the Commission and a premises licence from the licensing authority.

28.5 The Gambling Commission’s Guidance states: “…..An application for a permit may be granted only if the Licensing Authority is satisfied that the premises will be used as an unlicensed FEC, and if the Chief Officer of Police has been consulted on the application. In accordance with the Guidance, this Licensing Authority will expect applicants to demonstrate:

 A full understanding of the maximum stakes and prizes of the gambling that is permissible in unlicensed FECs

 That an applicant has no relevant convictions, those that are set out in Schedule 7 of the Act

 That staff are trained to have a full understanding of the maximum stakes and prizes

28.6 We note that a Licensing Authority can grant or refuse a licence but cannot attach conditions to this type of permit.

28.7 This Licensing Authority will expect the applicant to submit a plan of the premises and show that there are policies and procedures in place to protect children from harm. Harm in this context is not limited to harm from gambling but includes wider child protection considerations.

28.8 The efficiency of such policies and procedures will each be considered on their merits, however, they may include appropriate measures / training for staff as regards suspected truant school children on the premises, measures /

Page 28120 training covering how staff would deal with unsupervised very young children being on the premises, or children causing perceived problems on / around the premises.

29.0 Premises Licensed to Sell Alcohol

Automatic Entitlement: 2 Machines

29.1 There is provision in the Act for premises licensed to sell alcohol for consumption on the premises, to automatically have 2 gaming machines, of categories C and/or D. The premises merely need to notify the Licensing Authority. The Licensing Authority can remove the automatic authorisation in respect of any particular premises if:

 The person ceases to be the holder of the on-premises alcohol licence for the premises, the automatic entitlement to the two gaming machines also ceases. Whoever applies for the new premises alcohol licence would also need to apply under section 282(2), notifying the Licensing Authority of their intention to make the gaming machines available for use and paying the prescribed fee

 Provision of the machines is not reasonably consistent with the pursuit of the Licensing Objectives

 Gaming has taken place on the premises that breaches a condition of Section 282 for example the gaming machines have been made available that do not comply with requirements on the location and operation of gaming machines

 The premises are mainly used for gaming

 An offence under the Gambling Act has been committed on the premises

Permit: 3 or more machines

29.2 If a Premises Licence Holder wishes to have more than 2 machines, then they need to apply for a permit and the Licensing Authority must consider that application based upon the Licensing Objectives, any guidance issued by the Gambling Commission issued under Section 25 of the Gambling Act 2005, and “such matters as they think relevant.”

29.3 This Licensing Authority considers that “such matters” will be decided on a case by case basis, but generally there will be regard to the need to protect children and vulnerable persons from being harmed or being exploited by gambling and will expect the applicant to satisfy the Authority that there will be sufficient measures to ensure that persons under the age of 18 do not have access to the adult only gaming machines.

29.4 Measures which will satisfy the Authority that there will be no access may include the adult machines being in sight of the bar, or in the sight of staff who will monitor that the machines are not being used by those under 18. Notices and signage on the machines or in the premises may also help and are

Page29 121 encouraged by this Authority. As regards the protection of vulnerable persons, applicants may wish to consider the provision of information leaflets / helpline numbers for organisations such as GamCare.

29.5 It is recognised that some alcohol licensed premises may apply for a Premises Licence for their non-alcohol licensed areas. Any such application would normally need to be applied for, and dealt with as an Adult Gaming Centre Premises Licence.

29.6 It should be noted that we as the Licensing Authority can decide to grant the application with a smaller number of machines and/or a different category of machines than that applied for. Conditions other than these cannot be attached to a permit.

29.7 It should also be noted that the holder of a permit must comply with any Code of Practice issued by the Gambling Commission about the location and operation of the machine(s).

29.8 The Licensing Authority is able to cancel a permit. It may only do so in specified circumstances which include if the premises are used wholly or mainly by children or young persons or if an offence under the Act has been committed. Before it cancels a permit the Licensing Authority must notify the holder, giving 21 days notice of intention to cancel, consider any representations made by the holder, hold a hearing if requested, and comply with any other prescribed requirements relating to the procedure to be followed. Where the Licensing Authority cancels the permit, the cancellation does not take effect until the period for appealing against that decision has elapsed or, where an appeal is made, until the appeal is determined.

30.0 Prize Gaming Permits

30.1 A Prize Gaming Permit is a permit issued by the Licensing Authority to authorise the provision of facilities for gaming with prizes on specified premises.

30.2 An applicant for a Prize Gaming Permit should set out the types of gaming that he or she is intending to offer, a plan of the premises and the applicant should be able to demonstrate:

 That they understand the limits to stakes and prizes that are set out in Regulations

 That the gaming offered is within the law

 Clear policies that outline the steps to be taken to protect children from harm.

30.3 In making its decision on an application for this type of permit the Licensing Authority does not need, but may, have regard to the Licensing Objectives but must have regard to any Gambling Commission Guidance. The Licensing

Page 30122 Authority will consult the Safeguarding Children Board where it considers it appropriate to do so.

30.4 It should be noted that there are conditions in the Gambling Act 2005 by which the permit holder must comply, but that the Licensing Authority cannot attach conditions. The conditions in the Act are:

 The limits on participation fees, as set out in regulations, must be complied with

 All chances to participate in the gaming must be allocated on the premises on which the gaming is taking place and on one day

 The game must be played and completed on the day the chances are allocated

 The result of the game must be made public in the premises on the day that it is played

 The prize for which the game is played must not exceed the amount set out in regulations (if a money prize), or the prescribed value (if non-monetary prize)

 Participation in the gaming must not entitle the player to take part in any other gambling

31.0 Application for Club Gaming and Club Machines Permits

31.1 The Licensing Authority may only refuse an application on the grounds that:

 The applicant does not fulfil the requirements for a Members’ or Commercial Club or Miners’ Welfare Institute and therefore is not entitled to receive the type of permit for which it has applied

 The applicant’s premises are used wholly or mainly by children and/or young persons

 An offence under the Act or a breach of a permit has been committed by the applicant while providing gaming facilities

 A permit held by the applicant has been cancelled in the previous ten years

 An objection has been lodged by the Commission or the police

31.2 If the Authority is satisfied that either or the first two points is the case, it must refuse the application. Licensing Authorities shall have regard to relevant guidance issued by the Commission and subject to that guidance, the Licensing Objectives.

Page31 123 31.3 In cases where an objection has been lodged by the Commission or Merseyside Police, the Licensing Authority is obliged to determine whether the objection is valid.

31.4 There is also a ‘fast-track’ procedure available under the Act for premises which hold a Club Premises Certificate under the Licensing Act 2003 (Schedule 12 paragraph 10).

31.5 As the Gambling Commission’s Guidance for Local Authorities states: "Under the fast-track procedure there is no opportunity for objections to be made by the Commission or the Police and the grounds upon which an Authority can refuse a permit are reduced” and "The grounds on which an application under the process may be refused are:

 That the Club is established primarily for gaming, other than gaming prescribed by Regulations under Section 266 of the Gambling Act 2005.

 That in addition to the prescribed gaming, the applicant provides facilities for other gaming.

 That a Club Gaming Permit or Club Machine Permit issued to the applicant in the last ten years has been cancelled."

31.6 Club Gaming Permit

31.7 The Licensing Authority will seek to satisfy itself that the Club meets the requirements of the Act to obtain a Club Gaming Permit. Therefore applicants will be asked to supply sufficient information and documents to enable the Licensing Authority to determine whether the Club is a genuine Members Club.

31.8 In determining whether a club is a genuine Members’ Club, the Licensing Authority will take account of a number of matters, such as:

 Is the primary purpose of the club’s activities something other than the provision of gaming to its members?

 Are the profits retained in the Club for the benefit of the members?

 Are there 25 or more members?

 Are there genuine domestic addresses on the register of members? Are domestic addresses listed for every member? Are members local to the club?

 Do members participate in the activities of the club via the internet?

 What information is provided on the Club’s website?

 Do guest arrangements link a member to every guest? Is there evidence of a signing-in register for guests?

Page 32124  Is the 48 hour rule between applying for membership and participating in any gaming properly applied?

 Are there annual accounts for more than one year?

 How is the Club advertised and listed in directories, including on the internet?

 Are children permitted into the Club?

 Does the Club have a Constitution and can it provide evidence that the Constitution was approved by the members of the Club?

 Is there a list of committee members and evidence of their election by the members of the Club? Can the Club provide minutes of committee and other meetings?

31.9 The Constitution of the Club could also indicate whether it is a legitimate Members’ Club. Amongst the things the Authority will consider when examining the constitution are the following:

 Who makes commercial decisions on behalf of the Club and what are the governance arrangements? Clubs are normally run by a Committee made up of members of the Club, rather than individuals or managers, who make decisions on behalf of the members. There will normally be a system (consultation, voting, paper ballots, annual general meetings, special meetings, etc) which allows members to be involved in major decisions concerning the management and running of the Club. Such arrangements would normally be spelt out in the Constitution

 Are the aims of the Club set out in the Constitution? A lack of aims or aims which involve gaming could indicate that it is not a genuine Members' Club

 Are there shareholders or members? Shareholders would indicate a business enterprise linked to a Commercial Club

 Is the Members’ Club permanently established? Clubs can’t be temporary and must be permanent in nature

 Can people join with annual or quarterly membership? This would indicate that the Club is permanent in nature

 Are there long term membership benefits? This would also indicate that the Club is permanent in nature and that it is a genuine Members' Club. The benefits of membership would normally be set out in the rules of membership.

31.10 Other than Bridge and Whist Clubs, which are separately catered for in Regulations, a Club cannot be established wholly or mainly for purposes of gaming. In applying for a Club Gaming Permit, a Club must therefore provide

Page33 125 substantial evidence of activities other than gaming. Questions that the Licensing Authority will consider include:

 How many nights is gaming made available?

 Is the gaming advertised?

 What are the stakes and prizes offered?

 Is there evidence of leagues with weekly/monthly/annual winners?

 Is there evidence of non-playing members?

 Are there teaching sessions to promote gaming, such as poker?

 Is there tie-in with other Clubs offering gaming, such as poker, through tournaments or leagues?

 Is there sponsorship by gaming organisations, for example on-line poker providers?

 Are participation fees within limits?

The Authority will undertake a visit to the premises before granting of the permit to assist the Licensing Officer to understand how the club will operate.

31.11 Club Machine Permit

31.12 The Licensing Authority will seek to satisfy itself that the gaming on offer meets the conditions set out in the Act and relevant regulations. To do this, the Licensing Authority will ask questions of the applicant or ensure that the exempt gaming complies with these conditions. The conditions are:

 There must be no rake from the pot (that is, the organiser cannot take any money from the prize fund, or deduct money from the stakes or winnings). Licensing Authorities should examine the records for gaming or, if possible, observe or get statements about the pot.

 There must be no side bets. This is probably only going to be possible to verify through observations.

 Participation fees must be within the limits prescribed in the Regulations. Is there evidence of excess participation fees in Club records, adverts for gaming in or outside of the club or from complaints?

 Prizes must be within the limits prescribed in the Regulations. Is there evidence that they are excessive from records at the Club, in adverts for gaming, etc?

Page 34126  Where the games are poker tournaments or leagues, the Licensing Authority will consult part 29 of the Guidance which sets out how the law applies to Poker. This should help the Licensing Authority to determine whether the gaming is within the law from evidence such as records in the club and adverts for gaming.

32.0 Temporary Use Notices

32.1 Temporary Use Notices allow the use of premises for gambling where there is no premises licence but where a gambling operator wishes to use the premises temporarily for providing facilities for gambling. Premises that might be suitable for a Temporary Use Notice, according to the Gambling Commission, would include hotels, conference centres and sporting venues.

32.2 The Licensing Authority can only grant a Temporary Use Notice to a person or company holding a relevant Operating Licence, i.e. a non-remote casino operating licence.

32.3 The Gambling Act 2005 (Temporary Use Notices) Regulations 2007 sets out the restrictions on the type of gambling to be offered under a Temporary Use Notice. These restrictions are:

 it can only be used to offer gambling of a form authorised by the operator’s Operating Licence, and consideration should therefore be given as to whether the form of gambling being offered on the premises will be remote, non- remote, or both

 gambling under a Temporary Use Notice may only be made available on a maximum of 21 days in any 12 month period for any or all of a named set of premises

 it can only be used to permit the provision of facilities for equal chance gaming, and where the gaming in each tournament is intended to produce a single overall winner

 gaming machines may not be made available under a Temporary Use Notice

32.4 A Temporary Use Notice must be lodged with the Licensing Authority not less than three months and one day before the day on which the gambling event will begin. A fee is payable to the Licensing Authority to whom the notification is sent. The application must be copied to:

 the Commission  the Police  HM Commissioners for Revenue and Customs  if applicable, any other Licensing Authority in whose area the premises are also situated

Page35 127 32.5 The person who is giving the Temporary Use Notice must ensure that the notice and copies are with the recipients within seven days of the date of the notice.

32.6 The Licensing Authority and the other bodies to which the notice is copied should consider whether they wish to give a notice of objection. In considering whether to do so, they must have regard to the Licensing Objectives and if they consider that the gambling should not take place, or only with modifications, they must give a notice of objection to the person who gave the Temporary Use Notice. Such a notice must be copied to the Licensing Authority. The Notice of Objection and the copy to the Licensing Authority must be given within 14 days, beginning with the date on which the Temporary Use Notice is given. An objection may be withdrawn by giving written notice to those to whom the notice of objection was sent and copied.

32.7 If objections are received, the Licensing Authority must hold a hearing to listen to representations from the person who gave the Temporary Use Notice, all the objectors and any person who was entitled to receive a copy of the notice. If all the participants agree that a hearing is unnecessary, it may be dispensed with.

32.8 This Licensing Authority expects to object to notices where it appears that their effect would be to permit regular gambling in a place that could be described as one set of premises, as recommended in the Gambling Commission’s “Guidance to Licensing Authorities”.

33.0 Occasional Use Notices

33.1 The Licensing Authority has very little discretion as regards these notices aside from ensuring that the statutory limit of 8 days in a calendar year is not exceeded.

Page 36128 Page37 129 Appendix A - Scheme of Delegation

MATTER TO BE DEALT FULL COUNCIL LICENSING ACT SUB-COMMITTEE OF OFFICERS WITH 2003 COMMITTEE LICENSING ACT 2003 COMMITTEE

Three year Licensing policy X

Policy not to permit casinos X

Fee Setting – when X appropriate

Application for premises Where Representations have Where no representations licences been received and not received/representations have withdrawn been withdrawn

Application for a Variation to a Where Representations have Where no Representations licence been received and not received/representations have withdrawn been withdrawn

Application for a transfer of a Where representations have Where no representations licence been received from the received from the Commission Commission

Application for a provisional Where representations have Where no representations statement been received and not received/representations have withdrawn been withdrawn

Review of a premises licence X

Application for club gaming/ Where representations have Where no objections received/ club machine permits been received and not Representations have been withdrawn withdrawn

Cancellation of club Gaming/ X club machine Permits

Applications for other permits X

Cancellation of licensed X premises gaming Machine permits

Consideration of temporary X use notice

Decision to give a counter X notice to a temporary use notice

Determination as to whether a X person is an Interested Party

Determination as to whether X representations are relevant

Determination as whether a X Representation if frivolous, vexatious or repetitive

Page 38130 Page39 131 Appendix B – List of Consultees

This draft document is being been circulated to a number of consultees including those listed below.

 Elected Councillors, Wirral Council  Environmental Health and Trading Standards Manager, Wirral Council  Planning Authority, Wirral Council  Local Safe Guarding Children Board, Wirral Council  Wirral Federation of Tenants and Residents Association  The Gambling Commission  Merseyside Police  Merseyside Fire and Rescue Service  H. M. Revenue & Customs  Public Health  Citizen’s Advice Bureau  The Bingo Association  Association of British Bookmakers  British Casino Association  Casino Operators Association of the UK  British Holiday & Home Parks Association  British Beer & Pub Association  Gaming Machine Suppliers  All persons who hold a Betting Office Premises Licence  All persons who hold a Bingo Premises Licence  Amusement Arcades that hold Adult Gaming Centre and Family Entertainment Centre Premises Licences  Representatives holders of various licences

Page 40132 Page41 133 Appendix C – Responsible Authorities

Environmental Health (Pollution Body Responsible for the Protection Control) of Children from Harm

Environmental Health Local Safe Guarding Children Board Town Hall Hamilton Building Brighton Street Conway Street Wallasey Birkenhead CH44 8ED CH41 4FD

Chief Officer of Merseyside Police Licensing Authority

Police Licensing Section Wirral Borough Council Walton Lane Police Station Town Hall Walton Lane Brighton Street Liverpool Wallasey L4 5XF CH44 8ED

Planning Authority Fire and Rescue Authority

Development Control Merseyside Fire & Rescue Service Town Hall Wirral District Fire Safety Brighton Street The Fire Station Wallasey Mill Lane CH44 8ED Wallasey CH44 5UE

The Gambling Commission H.M. Revenue & Customs

Victoria Square House Portcullis House Victoria Square 21 India Street Birmingham Glasgow B2 4BP G2 4PZ

Page 42134 Agenda Item 11c

MINUTE EXTRACT AUDIT AND RISK MANAGEMENT COMMITTEE 19 NOVEMBER 2018

36 Code of Corporate Governance

Colin Hughes, Group Solicitor introduced a report of the Director: Governance and Assurance that sought the Committee’s approval of the Council’s revised Code of Corporate Governance. The Council’s current Code of Corporate Governance was last reviewed in 2016.

The Group Solicitor informed that the Council’s Code of Corporate Governance had been reviewed to ensure compliance with the CIPFA / SOLACE Guidance / Framework for the delivery of good governance in Local Government in a more succinct and clear fashion. He further informed that the document identified the collective responsibility of Cabinet Members, Officers and others involved in the Council’s decision making process, policy making and procedures to ensure compliance with legislative requirements, governance principles and management processes.

Members noted the revised code that set out the new framework commitments, and listed examples of how these were to be achieved, the relevant policies, and documentation supporting each principle.

Resolved – That

(1) the revised Code of Corporate Governance be approved; and

(2) RECOMMENDATION TO COUNCIL – that the Council’s Constitution be updated to include the revised Code of Corporate Governance and new governance framework.

Page 135 This page is intentionally left blank WIRRAL CODE OF CORPORATE GOVERNANCE

WHAT IS CORPORATE GOVERNANCE

Corporate Governance is the system by which Wirral Council direct / control our functions and relate to our community.

Good Corporate Governance is required to ensure that the public services provided by the Council are delivered with both confidence and credibility.

The Council is committed to the principles of effective corporate governance and has therefore adopted a Code of Corporate Governance which follows the latest guidance issued by the Chartered Institute of Public Finance and Accountancy (CIPFA) and the Society of Local Authority Chief Executives (SOLACE), entitled ‘Delivering Good Governance in Local Government (2016)’.

The guidance defines the seven core principles, each supported by sub-principles that should underpin the governance framework of a local authority.

7 core principles at the heart of the CIPFA/SOLACE governance framework are:

A) Behaving with integrity, demonstrating strong commitment to ethical values and respecting the rule of law.

B) Ensuring openness and comprehensive stakeholder engagement.

C) Defining outcomes in terms of sustainable economic, social and environmental benefits.

D) Determining the interventions necessary to optimize the achievement of the intended outcomes.

E) Developing the entity’s capacity including the capability of its leadership and the individuals within it.

F) Managing risk and performance through robust internal control and strong public financial management.

G) Implementing good practices in transparency, reporting and audit to deliver effective accountability.

CIPFA’s Statement on the Role of the Chief Financial Officer in Public Service Organisations seeks to strengthen governance and financial management across the public services. CIPFA’s Statement sets out five principles that define the core activities and behaviours that belong to the role of the Chief Finance Officer (‘CFO’) and the governance requirements needed to support them.

Page 137 The CFO in a public services organisation: 1. is a key member of the leadership team, helping it to develop and implement strategy and to resource and deliver the organisation’s strategic objectives sustainably and in the public interest;

2. must be actively involved in, and able to bring influence to bear on, all material business decisions to ensure immediate and longer term implications, opportunities and risk are fully considered, and alignment with the organisation’s financial strategy; and 3. must lead the promotion and delivery by the whole organisation of good financial management so that public money is safeguarded at all times and used appropriately, economically, efficiently and effectively.

To deliver these responsibilities the CFO :

1. Must lead and direct a finance function that is resourced to be fit for purpose

2. Must be professionally qualified and suitably experienced.

THE PRINCIPLES OF GOOD CORPORATE GOVERNANCE – IN PRACTICE

These core principles and the additional governance requirements from the CFO underpin the Council’s Code of Corporate Governance.

Wirral Council’s Code of Corporate Governance sets out how the Council will comply with the requirements of the CIPFA / SOLACE Corporate Governance Framework. The Code will additionally guide the Council during its governance reviews and inform the Annual Governance Statement.

ANNUAL REVIEW AND REPORTING

Elected Members are collectively responsible for the governance of the Council. The Council by adopting this local code commits itself to continuously improving corporate governance in all of its activities. To ensure it keeps to this on-going commitment, the Corporate Governance Group oversees the Council’s systems and processes for their effectiveness in practice, keeps them under review to ensure that they are up-to-date and ensures appropriate reporting.

Performance monitoring will take the form of the production of an Annual Governance Statement, as part of the financial reports, which will summarise:

1. Compliance with the Local Code; 2. How compliance has been monitored; 3. If changes are required; 4. How changes are to be implemented.

A copy of this Code of Corporate Governance will be made available to the public on the Council’s website. A copy of the Annual Governance Statement will also be made available. Page 138 REGULAR REVIEW OF POLICIES AND PROCEDURES

The Council recognises that Corporate Governance needs to be embedded in all the services it delivers. Therefore, it has identified all those strategies, policies and procedures which staff and Members need to be aware of and comply with to meet the required standards of corporate governance.

The Annual Governance Statement will consider compliance of the Council with the principles of good governance as set out by CIPFA/SOLACE and direct improvements to governance arrangements as necessary.

FORWARD

The Wirral Council is required to operate within a governance framework, which is focussed around legislative requirements, governance principles and management processes.

It is of paramount importance therefore, that the Council clearly demonstrates to its constituents what governance arrangements are in place and how they impact upon the manner in which the Council operates.

The Code of Corporate Governance is an accessible framework, which communicates that the Council’s decision making process is based upon sound / clear principles.

Good governance is the platform from which the Council can engage with and be held accountable by their constituents and stakeholder partners.

The Council is committed to delivering for its communities in a manner that is open, timely and transparent.

 Councillor Phil Davies Leader of the Wirral Council

Signed…………………………………………….

Dated……………………………………………....

 Eric Robinson Chief Executive

Signed…………………………………………….

Dated………………………………………………

Page 139 Draft Wirral Council Code of Corporate Governance Principle A: Behaving with integrity, demonstrating strong commitment to ethical values and respecting the rule of law.

Sub-principle Wirral Council is committed to achieving good The Council’s commitment to achieving good governance in practice is demonstrated by the following governance and will :

Behaving with integrity  Ensure members and officers behave with integrity  Member’s Code of Conduct / Protocol and promote a culture where acting in the public  Employee’s Code of Conduct interest is visibly and consistently demonstrated  Performance appraisal process thereby protecting the reputation of the organisation  Policy and procedure for declaration of Conflict of Interest by Officers and Members  Ensure members take the lead in establishing specific  Policy and procedure for declaration of Gifts and Hospitality standard operating principles or values for the  Customer Access Strategy organisation and its staff ( building on the Seven  ICT Security Policy Principles of Public Life - The Nolan Principles) and  Elected Members – Information & ICT Security Acceptable Use Policy that they are communicated and understood  Equalities Impact Assessment Toolkit  Lead by example and use the above standard  The Council’s Constitution operating principles or values as a framework for  Public access to meetings and minutes decision making and other actions  Role of Standards and Constitutional Oversight Committee  Demonstrate, communicate and embed the standard  Government guidelines for politically restricted posts. operating principles or values through appropriate policies and processes which are reviewed on a  Financial Regulations Page 140 Page regular basis to ensure that they are operating  Contract Procedure Rules effectively.  Freedom of Information  Fraud response plan  Dignity at work policy  Values and Behaviours statement  Whistleblowing policy / procedure  Anti-bribery policy  Anti-money laundering policy  Anti-fraud and corruption policy  Counter fraud and corruption strategy  Fraud response plan  Complaints policy  Grievance policy  Media Guidelines  Recommended code of practice for local authority publicity

Demonstrating strong  Seek to establish, monitor and maintain the  The Wirral Plan commitment to ethical organisation’s ethical standards and performance  Members Code of Conduct / Protocol values  Underpin personal behaviour with ethical values and  Officer’s Code of Conduct ensure they permeate all aspects of the  Standards and Constitutional Oversight Committee organisation’s culture and operation  Constitution  Develop and maintain robust policies and procedures  Scheme of Delegation which place emphasis on agreed ethical values  Wirral Partnership Framework  Ensure that external providers of services on behalf  Dignity at work policy of the organisation are required to act with integrity  Member training framework and in compliance with ethical standards expected  Appraisal policy by the organisation  Statement of business ethics communicates commitment to ethical values to external suppliers  Ethical values feature in contracts with external service providers Respecting the rule of  Ensure members and staff demonstrate a strong  Constitution Law commitment to the rule of the law as well as  Legal advice adhering to relevant laws and regulations  Recruitment / selection / job evaluation procedures  Create the conditions to ensure that the statutory  Appraisal processes officers, other key post holders, and members, are  ULearn training system able to fulfil their responsibilities in accordance with  Monitoring officer provisions, review of reports by Legal and record of legal advice provided by officers legislative and regulatory requirements  Review of reports by Finance and Compliance with CIPFA’s Statement on the Role of the Chief Financial Officer  Strive to optimise the use of the full powers available in Local Government for the benefit of citizens, communities and other  Member’s code of conduct and protocol stakeholders  Officer’s code of conduct  Deal with breaches of legal and regulatory provisions  Anti-fraud policies. effectively  Role of Standards and Constitutional Oversight Committee  Ensure corruption and misuse of power are dealt with  Processes for Gifts and Hospitality and Conflicts of Interest effectively.

Principle B: Ensuring openness and comprehensive stakeholder engagement.

Sub-principle Wirral Council is committed to achieving good The Council’s commitment to achieving good governance in practice is demonstrated by the following governance and will: :

Openness  Ensure an open culture through demonstrating,  Engagement & Stakeholder Relations Strategy documenting and communicating the organisation’s

Page 141 Page  Wirral plan; 20 pledges and underpinning strategies commitment to openness  Wirral Partnership Delivery Group and Partnership Framework  Make decisions that are open about actions, plans,  Wirral plan quarterly performance and update report resource use, forecasts, outputs and outcomes. The  Minutes and reports of Council committees available on website presumption is for openness. If that is not the case,  Constituency Committees a justification for the reasoning for keeping a  Records of decision making and supporting materials decision confidential should be provided  Standard format for Committee reports  Provide clear reasoning and evidence for decisions in  Options appraisal reports both public records and explanations to  Business case reports stakeholders, being explicit about the criteria,  Annual Report rationale and considerations used. In due course,  Agreed programmes for scrutiny committees ensuring that the impact and consequences of those decisions are clear  Corporate Equality and Cohesion Strategy  Use formal and informal consultation and  Public Budget consultation engagement to determine the most appropriate and  Statement of Accounts effective interventions/ courses of action  FOI Act compliance publication  Environmental Impact Assessments as part of committee reports  Whistle Blowing policy / procedure  Annual Governance Statement  Arrangements to ensure compliance with Transparency Code  Neighbourhood working

Engaging  Effectively engage with institutional stakeholders to  Engagement & Stakeholder Relations Strategy comprehensively with ensure that the purpose, objectives and intended  Wirral plan; 20 pledges and underpinning strategies institutional stakeholders outcomes for each stakeholder relationship are  Wirral Partnership Delivery Group, Partnership Summit and Partnership Framework clear so that outcomes are achieved successfully  Wirral plan quarterly performance and update report and sustainably  Develop formal and informal partnerships to allow for resources to be used more efficiently and outcomes achieved more effectively  Ensure that partnerships are based on trust, a shared commitment to change, a culture that promotes and accepts challenge among partners and that the added value of partnership working is explicit Engaging with individual  Establish a clear policy on the type of issues that the  Health and Wellbeing Board citizens and service organisation will meaningfully consult with or involve  Wirral plan; 20 pledges and underpinning strategies users effectively communities, individual citizens, service users and  Wirral Partnership Delivery Group, Partnership Summit and Partnership Framework other stakeholders to ensure that service (or other)  Updates reports on Scrutiny work programmes provision is contributing towards the achievement of  Engagement & Stakeholder Relations Strategy intended outcomes  Work of Constituency Committees  Ensure that communication methods are effective  Residents’ surveys and that members and officers are clear about their  Equality impact assessments roles with regard to community engagement  Constitution  Encourage, collect and evaluate the views and  Committee reporting template experiences of communities, citizens, service users  Joint Strategic Needs Assessment and organisations of different backgrounds including reference to future needs  Implement effective feedback mechanisms in order to demonstrate how views have been taken into account  Balance feedback from more active stakeholder groups with other stakeholder groups to ensure inclusivity  Take account of the impact of decisions on future generations of tax payers and service users.

Page 142 Page Principle C: Defining outcomes in terms of sustainable economic, social and environmental benefits.

Sub-principle Wirral Council is committed to achieving good The Council’s commitment to achieving good governance in practice is demonstrated by the following governance and will :

Defining outcomes  Have a clear vision, which is an agreed formal  Engagement & Stakeholder Relations Strategy statement of the organisation’s purpose and  Wirral plan; 20 pledges and underpinning strategies intended outcomes containing appropriate  Wirral Partnership Delivery Group and Partnership Framework performance indicators, which provide the basis for  Performance Management framework the organisation’s overall strategy, planning and  Corporate risk management policy and strategy other decisions  Specify the intended impact on, or changes for, stakeholders including citizens and service users. It could be immediately or over the course of a year or longer  Deliver defined outcomes on a sustainable basis within the resources that will be available  Identify and manage risks to the achievement of outcomes  Manage service users’ expectations effectively with regard to determining priorities and making the best use of the resources available. Sustainable economic,  Consider and balance the combined economic, social  Revenue Monitor report social and environmental and environmental impact of policies and plans  Capital Monitor report benefits when taking decisions about service provision  Annual Governance Statement  Take a longer-term view with regard to decision  Public Health prioritisation process making, taking account of risk and acting  Wirral plan; 20 pledges and underpinning strategies transparently where there are potential conflicts  Council Reports to support major decisions outline key implications (economic, social, environmental) as between the organisation’s intended outcomes and applicable short-term factors such as the political cycle or  Communication and engagement strategy financial constraints  Record of public consultations  Determine the wider public interest associated with  Reports and minutes available on the website balancing conflicting interests between achieving  Social Value Policy the various economic, social and environmental benefits, through consultation where possible, in order to ensure appropriate trade-offs  Ensure fair access to services.

Principle D: Determining the interventions necessary to optimise the achievement of the intended outcomes.

Sub-principle Wirral Council is committed to achieving good The Council’s commitment to achieving good governance in practice is demonstrated by the following governance and will :

Determining  Ensure decision makers receive objective and  Options appraisals interventions Page 143 Page rigorous analysis of a variety of options indicating  Council Reports, and underlying Business Case where appropriate, required to outline options considered and how intended outcomes would be achieved and inherent risks associated risks. Therefore ensuring best value is  Medium Term Financial Strategy achieved however services are provided  Engagement & Stakeholder Relations Strategy  Consider feedback from citizens and service users when making decisions about service improvements or where services are no longer required in order to prioritise competing demands within limited resources available including people, skills, land and assets and bearing in mind future impacts.

Planning interventions  Establish and implementing robust planning and  Wirral Plan, 20 pledges and strategies, and Partnership Framework control cycles that cover strategic and operational  Forward Plan plans, priorities and targets  Engagement & Stakeholder Relations Strategy  Engage with internal and external stakeholders in  Corporate risk management policy and strategy determining how services and other courses of  Corporate Operational Health Report action should be planned and delivered  Performance appraisals  Consider and monitor risks facing each partner when  Performance management framework working collaboratively, including shared risks  Medium Term Financial Strategy  Ensure arrangements are flexible and agile so that  Budget and Policy Framework Procedure Rules (Constitution) the mechanisms for delivering goods and services  Financial Regulations (Constitution). can be adapted to changing circumstances  Establish appropriate key performance indicators (KPIs) as part of the planning process in order to identify how the performance of services and projects is to be measured  Ensure capacity exists to generate the information required to review service quality regularly  Prepare budgets in accordance with objectives, strategies and the medium term financial plan  Inform medium and long term resource planning by drawing up realistic estimates of revenue and capital expenditure aimed at developing a sustainable funding strategy. Optimising achievement  Ensure the medium term financial strategy integrates  Medium Term Financial Strategy of intended outcomes and balances service priorities, affordability and  Wirral Plan other resource constraints  Budget and Policy Framework Procedure Rules (Constitution)  Ensure the budgeting process is all-inclusive, taking  Financial Regulations (Constitution) into account the full cost of operations over the  Council Budget and Medium Term Financial Strategy reports medium and longer term  Corporate Operational Health Report  Ensure the medium term financial strategy sets the context for ongoing decisions on significant delivery issues or responses to changes in the external environment that may arise during the budgetary period in order for outcomes to be achieved while optimising resource usage  Ensure the achievement of ‘social value’ through service planning and commissioning.

Principle E: Developing the entity’s capacity, including the capability of its leadership and the individuals within it.

Sub-principle Wirral Council is committed to achieving good The Council’s commitment to achieving good governance in practice is demonstrated by the following governance and will :

Developing the entity’s  Review operations, performance and use of assets  Wirral Plan quarterly performance and update report

Page 144 Page capacity on a regular basis to ensure their continuing  Wirral Plan Performance Management Framework effectiveness  Wirral Plan; 20 pledges and underpinning strategies  Improve resource use through appropriate  Wirral Partnership Framework application of techniques such as benchmarking  People Strategy / Organisational development plan and other options in order to determine how resources are allocated so that defined outcomes are achieved effectively and efficiently  Recognise the benefits of partnerships and collaborative working where added value can be achieved  Develop and maintain an effective workforce plan to enhance the strategic allocation of resources.

Developing the capability  Develop protocols to ensure that elected and  Elected Member Training & Development Programme of the entity’s leadership appointed leaders negotiate with each other  Wirral plan and Strategic Partnership frameworks and other individuals regarding their respective roles early on in the  Standards and Constitutional Oversight Committee relationship and that a shared understanding of  Constitution - including Financial Regulations, Schemes of Delegation, Protocol on Members and Officers roles and objectives is maintained relations  Publish a statement that specifies the types of  Induction programme decisions that are delegated and those reserved for  Performance appraisal procedure and linked development plans the collective decision making of the governing  Senior Manager meetings body  Corporate Governance Group  Ensure the leader and the chief executive have  Engagement & Stakeholder Relations Strategy clearly defined and distinctive leadership roles  Webcasting within a structure whereby the chief executive leads  Residents survey in implementing strategy and managing the delivery  External audit reports of services and other outputs set by members and each provides a check and a  Voluntary Information Commissioner Office review balance for each other’s authority  Employee assistance programme  Develop the capabilities of members and senior  Work Life Balance policy management to achieve effective leadership and to  Occupational Health policy / procedure enable the organisation to respond  Attendance management policy / procedure successfully to changing legal and policy demands  Employee benefits programme as well as economic, political and environmental  Health and Well-Being Strategy changes and risks by: ensuring members and staff  People strategy have access to appropriate induction tailored to their role and that ongoing training and development matching individual and organisational requirements is available and encouraged  Ensure members and officers have the appropriate skills, knowledge, resources and support to fulfil their roles and responsibilities and ensure that they are able to update their knowledge on a continuing basis  Ensure personal, organisational and system-wide development through shared learning, including lessons learnt from governance weaknesses both internal and external  Ensure that there are structures in place to encourage public participation  Take steps to consider the leadership’s own effectiveness and ensuring leaders are open to constructive feedback from peer review and inspection.  Hold staff to account through regular performance reviews which take account of training or development needs  Ensure arrangements are in place to maintain the

Page 145 Page health and wellbeing of the workforce and support individuals in maintaining their own physical and mental wellbeing.

Principle F: Managing risk and performance through robust internal control and strong public financial management

Sub-principle Wirral Council is committed to achieving good The Council’s commitment to achieving good governance in practice is demonstrated by the following governance and will :

Managing Risk  Recognise that risk management is an integral part of  Modgov system all activities and must be considered in all aspects  Members’ code of conduct Officers’ code of conduct of decision making  Conflict of interest annual declaration.  Implement robust and integrated risk management  Audit & Risk Management Committee Terms of Reference. arrangements and ensure that they are working  Corporate risk management policy (refreshed annually) effectively  Risk management guidance on Wirral Intranet  Ensure that responsibilities for managing individual  E-Learning modules for management and staff risks are clearly allocated.

Managing performance  Monitor service delivery effectively including  Complaints Procedure. planning, specification, execution and independent  Scrutiny Committees and reports post implementation review  Public access to meetings and minutes  Make decisions based on relevant, clear objective  Publication of agenda and minutes of scrutiny meetings (including calendar of dates for submitting, publishing analysis and advice pointing out the implications and distributing reports) and risks inherent in the organisation’s financial,  Committee reports and Member briefings social and environmental position and outlook  ARMC Annual Self-Assessment against “A toolkit for Local Authority Audit Committees”  Ensure an effective scrutiny or oversight function is in  Monthly Capital and Revenue Monitoring place which provides constructive challenge and  Performance Management Framework debate on policies and objectives before, during  Constitution and after decisions are made thereby enhancing the  Corporate Risk Management Policy organisation’s performance and that of any  Corporate, Directorate and Programme / Project Risk Registers organisation for which it is responsible  Whistle-blowing Policy & Procedure  Provide members and senior management with  Medium Term Financial Strategy regular reports on service delivery plans and on  Budget and Policy Framework Procedure Rules (Constitution) progress towards outcome achievement  Financial Regulations (Constitution)  Ensure there is consistency between specification stages (such as budgets) and post implementation reporting (e.g. financial statements).

Robust internal control  Align the risk management strategy and policies on  Annual governance statement internal control with achieving objectives  Corporate risk management policy  Evaluate and monitor risk management and internal  Annual internal audit review of the risk management framework control on a regular basis  Internal Audit Reports  Ensure effective counter fraud and anti-corruption  Internal Audit Plan arrangements are in place  Internal Audit Progress Reports to Audit and Risk Management Committee  Ensure additional assurance on the overall adequacy  Chief internal auditor’s annual report / annual audit opinion and effectiveness of the framework of governance,  Anti-Fraud and Anti-Corruption policy risk management and control is provided by the  Fraud awareness campaigns and proactive work internal auditor  Annual programme of proactive and reactive internal audit work in respect of counter fraud & corruption  Ensure an audit committee which is independent of  Audit and Risk Management Committee’s annual self-assessment against the “Internal Audit Toolkit for Local the executive and accountable to the governing Authority Audit Committees” body provides a further source of effective  Training for ARMC Members. assurance regarding arrangements for managing risk and maintaining an effective control environment and that its recommendations are listened to and acted upon. Page 146 Page Managing data  Ensure effective arrangements are in place for the  Information Governance policies safe collection, storage, use and sharing of data,  General Data Protection Regulations project plan and training including processes to safeguard personal data  Action plan to address issues raised in Voluntary Information Commissioner review.  Ensure effective arrangements are in place and  Performance Management Framework guidance operating effectively when sharing data with other bodies  Review and audit regularly the quality and accuracy of data used in decision making and performance monitoring.

Strong public financial  Ensure financial management supports both long  Medium Term Financial Strategy management term achievement of outcomes and short-term  Budget and Policy Framework Procedure Rules (Constitution) financial and operational performance  Financial Regulations (Constitution)  Ensure well-developed financial management is  Risk assessment within the medium term financial strategy. integrated at all levels of planning and control, including management of financial risks and controls. Principle G: Implementing good practices in transparency, reporting and audit to deliver effective accountability

Sub-principle Wirral Council is committed to achieving good The Council’s commitment to achieving good governance in practice is demonstrated by the following governance and will :

Implementing good  Write and communicate reports for the public and  Conflict of interest annual declaration. practice in transparency other stakeholders in a fair, balanced and  Complaints Procedure. understandable style appropriate to the intended  Overview & Scrutiny Committees audience and ensuring that they are easy to access  Public access to meetings and minutes and interrogate  Webcasting of Council meetings

 Strike a balance between providing the right amount of information to satisfy transparency demands and enhance public scrutiny while not being too onerous to provide and for users to understand.

Implementing good  Report at least annually on performance, value for  Wirral Plan practices in reporting money and the stewardship of resources to  Statement of Accounts stakeholders in a timely and understandable way  Annual Governance Statement and review process including review of Code of Corporate Governance.  Ensure members and senior management own the  Modgov system results reported  Delegated portfolio holder decision template. Page 147 Page  Ensure robust arrangements for assessing the extent to which the principles contained in this Framework have been applied and publish the results on this assessment, including an action plan for improvement and evidence to demonstrate good governance (the annual governance statement)  Ensure that this Framework is applied to jointly managed or shared service organisations as appropriate  Ensure the performance information that accompanies the financial statements is prepared on a consistent and timely basis and the statements allow for comparison with other, similar organisations.

Assurance and effective  Ensure that recommendations for corrective action  Internal Audit Annual Plan accountability made by external audit are acted upon  Internal Audit Reports  Ensure an effective internal audit service with direct  Internal Audit Annual Report access to members is in place, providing assurance  Chief Internal Auditor’s (CIA’s) Progress update reports to ARMC with regard to governance arrangements and that  CIA’s Bi-monthly reporting to ARMC Members recommendations are acted upon  Compliance with Public Sector Internal Audit Standards  Welcome peer challenge, reviews and inspections  External audit reports to ARMC from regulatory bodies and implement  Voluntary ICO review (2016) recommendations  Annual Governance Statement  Gain assurance on risks associated with delivering  Communications & engagement strategy services through third parties and that this is  Wirral Plan evidenced in the annual governance statement  The Wirral Partnership Delivery Group and partnership framework  Ensure that when working in partnership, arrangements for accountability are clear and the need for wider public accountability has been recognised and met. This page is intentionally left blank Agenda Item 11d

MINUTE EXTRACT CABINET 26 NOVEMBER 2018

35 QUARTER 2 BUDGET MONITORING REPORT – REVENUE

Councillor Janette Williamson, Cabinet Member for Finance and Resources, said:

“The Council set a balanced, sustainable and fair budget in March 2018, despite significant government cuts and increasing demand for costly, specialist children’s social care services. No additional funding from government has been forthcoming to support this national crisis. Setting the budget for 2018/19 under such difficult circumstances was tough but we continued to protect those services most important to our most vulnerable and target our resources to the areas that matters most to our communities.

Already during Quarter 2 we are feeling the extent of our reduced funding with pressures already mounting in some areas as demand continues to rise. This is early and while cautious it is prudent to ensure we forecast a realistic representation, I am confident the plans and restrictions we have in place will once again enable us to deliver a balanced budget for the coming year”.

Councillor Janette Williamson introduced a report which set out the projected revenue position for 2018/19 as at the end of Quarter 2. (30 September 2018).

The Cabinet noted that the forecast outturn position as at the end of Quarter 2 was a potential overspend of £0.907m. It was anticipated that mitigating savings could be identified to offset the potential overspend, however as these were yet to be formalised, it was prudent to report an overspend position.

Since the 2018/19 the budget was set in March 2018, there were several areas of significant pressure across the Council as a result of increasing demand and there was a robust mitigation programme in place to ensure these pressures did not materialise.

The report provided an update on the achievement of savings proposals for 2018/19, some of which were currently not being realised, however the Cabinet noted that areas to offset these via other means were being explored so that the total savings target could be met by the end of the year.

Page 149 The Cabinet was made aware that in addition to its formal Quarterly report, the budget position was reported monthly at Directorate Management Team meetings and at Strategic Leadership Team meetings. This was to ensure that any early warning highlighting pressures could be collectively resolved. The outcome of the quarterly monitoring and any medium to long term effects was fed into the Medium Term Finance Strategy to ensure the impact could be assessed against the Council’s future financial sustainability.

This was a key decision which affected all Wards within the Borough.

RESOLVED: That

(1) the Quarter 2 forecast to the year-end of a £0.907m overspend which incorporated a number of adverse variances across the range of directorates, be noted;

(2) officers be requested to continue to identify actions and take measures to effectively manage the overall budget and reduce the impact of any adverse projected pressures that may result in overspends; and

(3) the change to the bottom line net budget in paragraph 3.2.2 of the report and as follows be referred to the Council for approval:

‘There has been a change relating to the bottom line of the budget that requires approval at quarter two. This is:

Original Budget: £300.520 million Change requesting approval at Quarter 2:

 Capital Receipts funding for Children’s Services Transformation Programme brought forward from 2017/18 £1,100,000.’

Table 1: 2018/19 Net Budget by Directorate

£000 Economic & Housing Growth 25,01 Business Management 10,925 Strategy & Partnerships 18,237 Delivery Services 65,535 Children’s Services 88,156 Adult Care & Health 93,626 Total Net Budget 301,672 2

Page 150 Agenda Item 11e

MINUTE EXTRACT CABINET 26 NOVEMBER 2018

36 QUARTER 2 BUDGET MONITORING REPORT – CAPITAL

Councillor Janette Williamson, Cabinet Member for Finance and Income Generation, said:

“We are making major investments in Wirral this year – improving infrastructure, the public realm and the local environment which residents are rightly proud of.

This report demonstrates this investment, it provides a helpful summary of our progress, and makes it clear that we are using the resources available to us to their best effect to help improve services for local people”.

Councillor Janette Williamson introduced a report updating the Cabinet on the progress of the Capital Programme 2018/19 as at the end of September 2018. It recommended that the Cabinet agreed the 2018/19 Capital Programme of £60.9 million which took account of re-profiling identified since June together with any additional funding requirements. Expenditure to date was £16.3 million.

This matter was a key decision which affected all Wards within the Borough.

Appended to the report were:

 Appendix 1 – The Capital Programme and Funding 2018/19; and  Appendix 2 – The Capital Receipts.

Councillor Bernie Mooney drew the Cabinet’s attention to the significant spending on schools that was detailed in the report at paragraph 3.6. She welcomed the fact that the Council was putting children and their schools first.

Councillor Stuart Whittingham referred to the investment the Council was making in the highways network, cycling schemes and street lighting despite austerity.

RESOLVED: That

(1) the spend at Quarter 2 of £16.3 million be noted;

(2) additional funding for the schemes referred to in paragraph 3.9 of the report and below be noted:

Page 151  Hoylake Golf Depot (3110,000)  Landican Crematoria (£280,000)  Williamson Art Gallery creation of an online catalogue (£150,000)  Leasowe Leisure Centre Outdoor 3G Pitches (£323,000)  Access Wirral (£250,000)  Early Voluntary Retirement/Voluntary Severance (£2,000,000)

(3) Council be recommended to approve the revised Capital Programme of £60.9 million for 2018/19 as set out in Table 1 of the report and below:

£000 Programme agreed by Cabinet on 16 July 2018 86,391 Re-profiling (26,869) Additional requirements 2,989 Reduced requirements (1,563) Revised 2018/19 Programme 60,948

Table 1: Capital Programme 2018/19 at 30 September 2018 Capital June September Actual Strategy Spend Sept 2018 £000 £000 £000 £000 Adult Care & Health 7,912 8,543 3,468 381 Business 4,990 3,729 5,489 777 Management Children’s Services 19,099 20,852 18,341 7,542 Delivery Services 25,775 34,280 22,724 7,435 Economic & Housing 16,785 18,987 10,926 157 Growth Total expenditure 74,561 86,391 60,948 16,292

Page 152 Agenda Item 11f

MINUTE EXTRACT CABINET 26 NOVEMBER 2018

39 COUNCIL TAX 2019/20 (TAXBASE, DISCOUNTS AND EXEMPTIONS AND COUNCIL TAX SUPPORT SCHEME) Councillor Phil Davies, Leader of the Council, said:

“In the face of such prolonged austerity policies from Central Government, it is vital we maximise council tax collection, so we can continue to fund the services which residents rely on every day.

However, it is equally important we remember our values and our commitment to social justice and protecting the most vulnerable. I am incredibly proud we have been able to exempt all care leavers from paying council tax until they reach the age of 25. These young people deserve every bit of support we can give and I hope this gesture helps them as they build their lives and careers.

I am also delighted we have been able to give Wirral Women’s and Children’s Aid a 100% discount on their Council Tax. This organisation does fantastic work in our borough, and it is right we do everything we can to help them continue.”

Councillor Phil Davies introduced a report which brought together related issues regarding the proposed Council Tax Base for 2019/20 upon which the annual billing and Council Tax levels would be set; the proposed Council Tax Discounts including Local Discounts, exemptions for 2019/20 and the Council Tax Support Scheme to be used during 2019/20. These needed to be approved by the Council by 31 January 2019.

The Cabinet noted that the Council Tax Base had to be set by 31 January each year and there are no other options. The Local Discounts, Exemptions and the Council Tax Support Scheme were reviewed annually and could be amended which would have a financial impact for the authority and this was detailed in the report.

RESOLVED: That it be recommended to the Council: That

(1) the figure of 93,497.8 be approved as the Council Tax Base for 2019/20;

(2) the level and award of each local discount for 2019/20 be:-

Page 153 Wirral Women’s and Children’s Aid To continue to award Wirral Women’s and Children’s Aid 100% discount.

Care Leavers’ Discount To award Care Leavers the requisite amount to reduce their Council Tax liability to zero until they are 25, from 1 April 2019. This remains unchanged from 2018/19.

Empty Property Discounts Discount category D = 0% Full charge on properties undergoing renovations

Discount category C = 0% Full charge on empty properties from date they become unoccupied.

Both remain unchanged.

This change was reported in last year’s report.

Council Tax Discretionary Relief Scheme

The Council Tax Discretionary Hardship Relief Scheme continues in its current format for 2019/20.

Council Tax Support Scheme

(3) the Council Tax Support Scheme be approved for use in 2018/19 be also approved as the Scheme for 2019/20 with additional amendments to incorporate the introduction of Full Service for Universal Credit, including backdating of reduction for up to 3 months.

Page 154 Agenda Item 11g

MINUTE EXTRACT CABINET 26 NOVEMBER 2018

41 WIRRAL TOGETHER: GETTING THE BASICS RIGHT – A NEW MODEL FOR COMMUNITY ENGAGEMENT

Councillor Phil Davies, Leader of the Council, said:

“Working alongside communities to jointly tackle issues, solve problems and improve facilities leads to a better quality of life for residents.

Almost every time, the people who know how to best improve a community, how to solve a local problem, are the people who live there. Our job, as a Council and as local Councillors, is to make sure they get the support to make that happen.

The proposals we’re putting forward are about making this easier. This is about removing bureaucracy and red tape, and about taking community funding and bringing it closer to the community.

If we are to achieve our priorities then it is vital we are able to work effectively with local citizens as well as establishing an ongoing relationship which promotes coproduction, mutuality and informed decision making. We call this approach Wirral Together. Wirral is fortunate in that it is home to many vibrant, engaged communities who work together to get things done.

This report provides Cabinet with a proposed new approach to working with citizens which is intended to strengthen the relationship between public services and citizens, enabling our communities to deliver their part and support each other, in an ongoing partnership between residents and public services. It will also support us in getting the basics right as promised in our Council Plan for 2018/19”.

Councillor Phil Davies introduced a report of the Director of Governance and Assurance that recommended that the existing community budgets be designated as the Wirral Together Fund, and that it be distributed on a Ward Member basis. It also recommended that the current funding be increased by £50,000 and the amount

Page 155 allocated to each Ward Member be weighted for population, deprivation and age (populations aged 0-4 and 75 and over). Staff resources were recommended to be redirected to directly supporting Councillors in this approach instead of the current focus on Constituency Committees.

The report also recommended that the Cabinet agreed the process and criteria as set out in the appendices attached to the report as follows:

 Appendix A – Ward Member Budget Allocations;  Appendix B – Draft Guidance on Ward Member Budgets (subject to amendment as required);  Appendix C – Draft Ward Member Budget Application Form (subject to amendment as required); and  Appendix D – Equalities Impact Assessment.

These appendices set out guidance on how these Budgets would operate.

The Cabinet was also asked to agree the necessary officer delegations to administer the Ward Member budgets.

This matter affected all wards within the borough and was therefore a Key Decision.

The Cabinet was informed that a review had taken place during 2017/18 led by the then Portfolio Holder for Community Engagement. As part of that review, the effectiveness of existing Constituency Committees had been raised as an issue. After consideration of this the proposal in that report was that those arrangements should be brought to an end and, instead, a more focussed approach should be put in place to directly support Members in effective ways of engaging and working with Wirral’s residents, businesses and partners – and by giving local people a greater stake in community projects. Ward Member budgets should be flexible enough to enable different approaches to community leadership to take place in different wards. The budgets would be just one tool that would enable Councillors to take this approach.

The Cabinet noted that alongside this, greater focus would be placed on Member support arrangements to aid ward Councillors directly with casework and local projects.

The Cabinet also considered the alternative options as follows:

 Continuing with Constituency Committees; or

 Abolishing Constituency Committees and not establishing any equivalent grant funding or resources in their place.

These had not been recommended because

 There was a clear commitment in the Council’s Plan to work and engage with more of the local community in a meaningful way to make Wirral an even better place to live; and

Page 156  With that in mind, it was not appropriate to abolish existing arrangements without considering alternatives, nor was it appropriate to continue Constituency (area) Committees in the knowledge that this mechanism had only partially achieved its objectives.

Councillor Phil Davies reported that the experience of Constituency Committees had been mixed and patchy. They had not engaged the public in all areas. The new model was worth trying as it put the power in the hands of the ward Members and the funding had been increased by £50,000. Ward Members could come up with proposals and projects. They knew the needs of their local area and of the local community groups etc. Needs were not the same everywhere so the one size fits all formula did not work. The new model would provide maximum flexibility for Members to work in their wards, across wards and at Constituency level, with support from Council officers. Proper procedures and accounts would be put in place so that the new model would be operative from the beginning of the next Municipal Year and it would be the subject of an annual review and evaluation.

Councillors Stuart Whittingham, Paul Stuart and Angela Davies all welcomed the new model for community engagement, spoke in support of it and informed that they were looking forward to playing their part.

RESOLVED: That the Cabinet agrees:

(1) that a budget of £250,000 be distributed across the 22 wards, according to a weighting based upon 75% per head of population, 15% deprivation, 5% under 5 years population and 5% over 75 years population (as set out in Appendix A to the report), and allocated in respect of each Ward Member;

(2) to delegate authority to the Director for Governance and Assurance to determine applications for Ward Member budget funding;

(3) to delegate to the s151 Officer, in consultation with the Leader, authority to make any necessary changes to the process for awarding money from ward budgets, including changes to the officer responsible for determining applications for ward budget funding;

(4) that there be an annual review and evaluation;

(5) to recommend to the Council the deletion of the provisions of the Constitution relating to Constituency Committees as part of the Council’s executive arrangements; and

(6) that the new Ward Member budget model should be implemented in the new Municipal year.

Page 157 This page is intentionally left blank Agenda Item 12

Council – 10 December, 2018

Motions

The following motions have been submitted in accordance with the notice required by Standing Order 7(1) and are listed in accordance with Standing Order 7(2).

1. ON-GOING IMPACT OF NEW FERRY EXPLOSION (to be debated)

Proposed by Councillor Jo Bird Seconded by Councillor Joe Walsh

(1) Council notes that the impact of the gas explosion in New Ferry is not over. Some families are facing their second Christmas in temporary accommodation. Some businesses have had to shut up shop.

(2) Council is disappointed the Government has failed to provide any direct financial support to help deal with the disruption and damage caused in the New Ferry explosion.

(3) Council notes that 12 months have passed since Wirral Council on behalf of residents and businesses submitted a full Regeneration Plan to the Secretary of State and have not received any direct support for the rebuilding of New Ferry town centre.

(4) Council notes that James Brokenshire MP, Secretary of State for Housing, Communities and Local Government, has written to Alison McGovern MP more than two months after she led a delegation to Westminster to demand action.

(5) Council is concerned that James Brokenshire's letter incorrectly claims that Wirral Council has never requested funding support.

(6) Council notes that the Leader of the Council wrote to the minister on 7th July 2017 asking for £500,000 to help with the costs of emergency help, and the minister replied on 17th July 2017 declining support saying: “for an incident of this size and impact we would expect these costs to be covered using existing local resources."

(7) Council further notes that following the Grenfell Tower fire, the Salisbury attack, the Belfast City Centre fire, and the shop fire in Hinckley Leicestershire, the Government quickly mobilised support for those communities and is disappointed a similar response wasn't made for the people of New Ferry.

(8) Council requests the Leader and Cabinet to:

(i). Write to James Brokenshire to set the record straight and call upon the Government to support the New Ferry Regeneration Plan.

Page 159 (ii). Continue to work with Liverpool City Region Combined Authority to access the £500,000 available through the Mayor's Town Centre Fund.

(iii). Encourage applications from the Local Welfare Assistance Fund from people directly affected by the blast.

(iv).Submit a formal application for funding under the Bellwin scheme as soon as possible.

(v). Work with Alison McGovern MP, local ward members, New Ferry Town Team, local residents, traders and other partners to ensure plans are delivered to support a thriving and regenerated New Ferry.

Page 160 2. POST OFFICE SERVICES (to be debated)

Proposed by Councillor Paul Hayes Seconded by Councillor Ian Lewis

Council welcomes the government investment of more than £2 billion since 2010 and notes the Post Office now has:

 a stable network of around 11,600 branches  modernised more than 7,500 branches with new technology  extended opening hours on weekdays and at weekends  become the UK’s largest Sunday retailer with more than 4,400 branches open  ensured 93% of people now live within one mile of their nearest branch.

Council however regrets that Post Office branches in Wallasey Village, New Brighton and Upton are among those currently closed, due to national ‘audit’ and system irregularities and requests the Chief Executive writes to the Post Office to relay these concerns and request urgent and speedy resolution to enable all Wirral residents to have access to a local Post Office, serving their communities.

Page 161 3. TAKING EVERY OPPORTUNITY TO REFORM UNIVERSAL CREDIT (to be debated)

Proposed by Councillor Phil Gilchrist Seconded by Councillor Chris Carubia

This Council welcomes the work on the difficulties facing recipients of Universal Credit undertaken by the Business Overview and Scrutiny Committee. Council notes that the work continued under the Chairmanship of Councillor Hackett and concluded in July and September this year.

Council notes that the introduction, roll out and operation of Universal Credit has remained an issue of considerable public concern. Council notes that Wirral’s MPs raised concerns about the operation of Universal Credit in the Commons on 17 October 2018 https://hansard.parliament.uk/Commons/2018-10-17/debates/CD3131AC-C7F0- 4DB6-A4EF-05191F92642F/UniversalCredit#contribution-D8EA2220-AB8D-4499- AA45-687AED39EED6

Opportunities to address and correct the financial injustices were taken by two Wirral Members of Parliament, the Rt Hon Frank Field and the Member for Wirral South, Alison McGovern, who supported an Amendment put forward by the Liberal Democrats. It is regrettable that the Amendment was not more widely supported.

Following the Chancellor of the Exchequer’s Budget in October, some changes are expected to be made in the financing and operation of the system. The financial effects of the system led Iain Duncan Smith, the former Secretary of State for Work and Pensions, to resign in March 2016. In his resignation letter, he stated…

"Too often my team and I will have been pressured in the immediate run-up to a budget or fiscal event to deliver yet more reductions to the working age benefit bill. There has been too much emphasis on money saving exercises and not enough awareness from the Treasury, in particular, that the government’s vision of a new welfare-to-work system could not repeatedly be salami-sliced.”

Whilst some changes have been made, the resignation of the Secretary of State, Esther McVey, has presented an opportunity for the new Secretary of State, Amber Rudd, to be pressed to take a fresh look at the changes needed to Universal Credit.

Council, therefore, wishes to work through the Local Government Association and support Wirral’s Members of Parliament in continued approaches to deal with the problems causing hardship to recipients.

Page 162 4. CLIMATE EMERGENCY (to be debated)

Proposed by Councillor Pat Cleary Seconded by Councillor Mike Sullivan

Council notes the findings of the Intergovernmental Panel on Climate Change (IPCC) report ‘Global warming of 1.5°’ published on 8 October 2018, in particular:

that human activities are estimated to have already caused approximately 1.0°C of global warming above pre-industrial levels;

that if we continue at the current rate, we are likely to surpass the Paris Agreement target of 1.5°C as early as 2030;

that, at the current level of commitments, the world is on course for at least 3°C of warming with irreversible and catastrophic consequences for humans and the natural world.

Council believes that:

the impacts of global temperature rise above 1.5°C, are so severe that governments at all levels must work together and make this their top priority.

as well as large-scale improvements in health and wellbeing around the world, bold climate action can deliver economic benefits in terms of new jobs, economic savings and market opportunities.

Therefore, Council requests that the relevant Overview and Scrutiny Committee establish and Overview and Scrutiny Committee working group, with a remit to

(i). Seek advice from experts to develop a robust carbon budget and set a challenging target date for carbon neutrality in Wirral;

(ii). Consider systematically the climate change impact of each area of the Council’s activities;

(iii). Make recommendations and set an ambitious timescale for reducing these impacts;

(iv). Report to full Council with the actions the Council needs to take to address this emergency.

In addition, Council further requests that the Leader & Cabinet:

 require all report risk assessments should include Carbon Emission Appraisals, including presenting alternative approaches which reduce emissions wherever possible.  task a director level officer with responsibility for reducing as rapidly as possible, the carbon emissions resulting from the Council’s activities.  writes to inform the Prime Minister that Wirral has declared a climate emergency.

Page 163 5. CUTS TO MERSEYSIDE FIRE AND RESCUE AUTHORITY (to be debated)

Proposed by Councillor Brian Kenny Seconded by Councillor Chris Meaden

This Wirral Council believes that the cuts imposed by Government on Merseyside Fire & Rescue Authority (MFRA) have gone too far and should be reversed to ensure public safety is protected. To this end the Council will work in collaboration with MFRA, Merseyside’s constituent District Councils, Mayors Anderson and Rotherham, MP’s the FBU and all trade unions to jointly lobby Government to demand assurances that, the cuts imposed on the Authority be reversed and that the case for increased funding for MFRA will be fully considered on the basis of public safety.

This Council also supports the Fire & Rescue Authority’s position when demanding assurances that, as an absolute minimum, Government commit to ensuring that there will be no further grant reductions applied to MFRA and that the Authority will be fully protected in relation to any new financial burdens.

Finally, the Council demands the removal of the government imposed ‘cap’ on the Council Tax flexibility thereby allowing local application of Council Tax arrangements in order to fully protect the public.

Page 164 6. A FREE SCHOOL FOR WIRRAL (to be debated)

Proposed by Councillor Jeff Green Seconded by Councillor Cherry Povall

Council welcomes the submission of an application by the Frank Field Education Trust to open a Free School in the Borough. Council expresses its support to the Trust in its application and requests that the Leader and Cabinet and officers help support this exciting new addition to education and learning in the Borough to extend parental choice, raise aspiration and improve outcomes.

Page 165 7. TIME TO END THE HOYLAKE GOLF COURSE DEVELOPMENT (to be debated)

Proposed by Councillor Allan Brame Seconded by Councillor Pat Cleary

Council notes that a recent report to Cabinet on the "Future Provision of Golf Courses” included these comments:

(1) “...with the national trend in golf usage being generally down, (not just for municipal golf courses but also for the majority of private golf clubs)..."

(2) “Participation in municipal golf in Wirral is in decline and follows a national trend in that people tend to have less disposable leisure time to spend on playing a five or six hour round of golf. Those people that would have traditionally played golf in the past have migrated to a more ‘time determined’ sport (such as cycling, running, fitness) to fulfil their leisure time demands.”

Given this gloomy assessment of current and future demand for golf facilities, Council recognises that the proposed Celtic Manor development of Hoylake Golf Course looks increasingly unviable.

Council now concludes that the access to prudential borrowing of £26 million agreed in December 2017 poses an unacceptable risk to public funds is no longer tenable or appropriate and therefore requests that the Leader and Cabinet end all further use of Council taxpayers’ money to support this scheme.

Page 166 8. PAID LEAVE FOR DOMESTIC ABUSE VICTIMS (to be debated)

Proposed by Councillor Paul Stuart Seconded by Councillor Anita Leech

Council welcomes the recent review of Wirral Council’s domestic abuse policy, guaranteeing employees of Wirral Borough Council who are victims of domestic abuse and coercive control, a minimum of one week paid leave in addition to the council special leave policy.

Wirral Council also calls on its partner agencies and local businesses to adopt similar policies.

Wirral Council welcomes the government’s consultation and preparation of a draft bill on domestic abuse; endorses the Home Affairs Select Committee’s report and recommendations; and calls on the government to adopt them in full.

Council calls on the UK government to bring legislation into the Domestic Abuse Bill that will give victims of domestic abuse guaranteed paid leave.

Page 167 9. POLICE CRIME COMMISSIONERS TO RETHINK POLICING PRIORITIES IN THE INTERESTS OF WIRRAL RESIDENTS (to be debated)

Proposed by Councillor Tony Cox Seconded by Councillor Andrew Gardner

As the person with sole responsibility for policing priority in Merseyside, Council recognises that the position of PCC is an onerous role.

Council also recognises the fact that, nationally, there are now more police officers per capita than there where in the 1960s. In fact, in 1961 it was 807 people for every officer and now it is just 462 people for every officer.

Council believes that there is far too much focus placed on monitoring minor ‘online offences’, many which are dismissed with few prosecutions brought, and not enough on ‘real world’ crime.

With notable people such as Chief Constable Sara Thornton, head of the new National Police Chiefs' Council (NPCC), saying, ‘I want us to solve more burglaries and bear down on violence before we make more records of incidents that are not crimes,’ It would seem that senior police officials are finally breaking rank and calling out the current, ridiculous state of affairs.

With a noticeable upturn in crime in the West Kirby area – from criminal damage, sexual acts in public, assault and even a knife attack – Council believes that Wirral residents deserve the same level of policing focus as the rest of Merseyside.

Therefore, Council calls upon the PCC, Jane Kennedy, to review the priorities she sets her Police Force in order to deal with the crimes that really hurt people. The crimes that have people fearful in their own home and in their communities – criminal damage, burglary, theft and violent crime – and to bring some perspective and common sense back to policing.

Page 168 10.TAKING BACK CONTROL OF OUR BUSES (to be debated)

Proposed by Councillor Stuart Kelly Seconded by Councillor Allan Brame

This Council notes that the decision of Avon Bus Services to cease trading at short notice on 5 October left huge gaps in Wirral’s bus service provision, including school buses.

Council places on record its thanks to members of Merseytravel’s Bus Services team for the work they have done to expedite the process for reproviding services and notes the positives that resulted from that exercise, including a reintroduced 91 bus service to Oxton Village and the introduction of replacement bus services, such as the 16/17, from South Wirral to Arrowe Park Hospital.

Council expresses its concern that there remain gaps in bus service provision, notably the loss of the 492/495 evening and Sunday service that linked Oxton/Noctorum/Beechwood to Arrowe Park Hospital.

Council further notes that bus operator decisions since the tendering exercise have resulted in further routes being withdrawn, notably...

1. The 10A service linking Oxton/Arrowe Park Hospital/Claughton Village (6th Form College) and New Brighton 2. The 83A from Birkenhead to West Kirby

Council considers that Wirral’s bus network has undergone significant detrimental change since the review of services undertaken by Merseytravel in September 2017 and welcomes the current consultation being carried out by Metro Mayor Steve Rotheram, ‘The Big Bus Debate’.

Council further considers that the proposal by the CCG to relocate Minor Injury and Walk-in health services at Arrowe Park Hospital fails to take account of the poor bus connections from many parts of Wirral.

Council considers that the privatisation of bus services has failed outside London and that the current model of bus provision on Merseyside, (the so called ‘Bus Alliance’), is failing too many parts of the Wirral.

Council therefore calls on Metro Mayor Steve Rotheram to exercise powers devolved under the Bus Services Act 2017 and move towards a fully franchised bus network for LCR and Wirral.

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