BOROUGH COUNCIL

BURNLEY TOWN HALL

Thursday, 14th May 2009

PRESENT

MEMBERS His Worshipful The Mayor (Councillor John Harbour) in the Chair;

Councillors Ahmed Zaheer, Frank Ashworth, Howard Baker, Bill Bennett, Gordon Birtwistle, Justin Birtwistle, Charlie Briggs, Lynne Briggs, Bill Brindle, Charlie Bullas, Frank Cant, Ida Carmichael, Julie Cooper, Derek Dawson, Peter Doyle, Gary Frayling, Roger Frost, Jonathon Gilbert, Allen Harris, David Heginbotham, Karen Heseltine, Michael Heys, Imtiaz Hussain, John Jones, Anne Kelly, Arif Khan, Wajid Khan, Anthony Lambert, Margaret Lishman, Maureen McCaffrey, Peter McCann, Mohammed Malik, Elizabeth Monk, Darren Reynolds, Paul Reynolds, Martin Smith, Len Starr, Jeff Sumner, Andrew Tatchell, David Thomson, Cosima Towneley, Linda White and Sharon Wilkinson.

OFFICERS Steve Rumbelow - Chief Executive Mike Cook - Director of Regeneration David Brown - Director of Environment Tom Forshaw - Head of Chief Executive’s Office Ruth Wynn - Democracy Manager Imelda Grady - Democracy Officer David Farrar - Mayor’s Officer

6. Minutes

RESOLVED The Minutes of the Annual meeting of the Council held on the 13th May 2009 were confirmed and signed by the Chair.

7. Mayors’ Communications

His worshipful the Mayor (Councillor John Harbour) presented the Beacon Status for Community Cohesion award to Naveed Ahmed from the Community Engagement Team.

The following Long Service Awards were presented to Members of the Council with eight or more years Service

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Councillor Gordon Birtwistle 26 years service Councillor Margaret Lishman 18 years service Councillor Roger Frost 15 years service Councillor John Harbour 15 years service Councillor Peter McCann 13 years 11 months service Councillor Ida Carmichael 11 years service Councillor Tony Lambert 11 years service Councillor David Heginbotham 10 years 11 months service Councillor Charles Bullas 10 years service Councillor Frank Cant 9 years service Councillor Peter Doyle 9 years service Councillor Andy Tatchell 9 years service

8. Public Question Time

Mr John Rowe addressed the Council under the right to speak policy in relation to properties on Road.

9. Notice of Motion

It was moved by Councillor Julie Cooper and seconded by Councillor Gordon Birtwistle:-

“This Council pledges to support the National Hope not Hate Campaign and to work to promote peace and prosperity for all the people of Burnley regardless of race, culture or religion. We will support fairness and justice for everyone and we will oppose all those who aim to divide our community by fostering intolerance.”

The mover and seconder of the motion accepted an amendment to remove the words

“…support the National Hope not Hate Campaign and to…”

RESOLVED On being put to the vote the motion as amended was approved and it was RESOLVED accordingly.

10. Election of the Leader of the Council

It was moved by Councillor Margaret Lishman and seconded by Councillor Charlie Bullas:-

“That Councillor Gordon Birtwistle be elected as the Leader of the Council for the 2009/10 Municipal Year.”

RESOLVED That Councillor Gordon Birtwistle be elected as Leader of the Council for the 2009/10 Municipal Year.

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11. Appointment of Executive

It was moved by Councillor Gordon Birtwistle and seconded by Councillor Margaret Lishman:-

“That the following Members be appointed to serve on the Executive for the 2009/10 Municipal Year together with the Leader”

Councillors Charlie Briggs Charles Bullas Margaret Lishman Roger Frost Martin Smith Jeff Sumner

RESOLVED That the following members be appointed to serve on the Executive for the 2009/10 Municipal Year together with the Leader:-

Councillors Charlie Briggs Charles Bullas Margaret Lishman Roger Frost Martin Smith Jeff Sumner

12. Appointments to Committees, Sub-Committees, Working Groups etc.

Consideration was given to a report on Membership of the Council’s Committees, Sub-Committees, Working Groups etc. for the Municipal Year 2009/10.

RESOLVED (1) That the list of Committees, Sub-Committees, Working Groups,etc. as set out in the Appendix to the Report be approved; and

(2) That the Membership of the Council’s Committees, Sub-Committees, Working Groups etc, for the 2009/10 Municipal Year be as set out in Appendix A to these minutes.

13. Appointment of Chairs and Vice-Chairs of Committees

With reference to Minute No. 12, the Council gave consideration to the appointment of Chairs and Vice-Chairs of the Scrutiny and Regulatory Committees for the Municipal Year 2009/10.

RESOLVED That the following appointments of Chairs and Vice-Chairs be made for the 2009/10 Municipal Year for Scrutiny and Regulatory Committees:-

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Leadership and Community Chair: Andy Tatchell Scrutiny Committee Vice Chair: Darren Reynolds

Better Services Scrutiny Chair: Peter Doyle Committee Vice Chair: Bill Bennett

Audit Committee Chair: Frank Ashworth Vice Chair: Darren Reynolds

Economy Scrutiny Chair: Peter McCann Committee Vice Chair: Arif Khan

Environment and Housing Chair: Justin Birtwistle Scrutiny Committee Vice Chair: Anne Kelly

Development Control Chair: Anne Kelly Committee Vice Chair: Maureen McCaffrey

Licensing Committee Chair: Frank Ashworth Vice Chair: Bill Bennett

14. Appointments to Outside Bodies

Consideration was given to the outcome of the 2007/8-8/9 biennial review of Outside Bodies and the nominations for appointments to Outside Bodies for 2009/10.

RESOLVED That the outcome of the 2007/8-8/9 biennial review of Outside Bodies be noted and the Outside Bodies list, including both the with-Qualification and without- Qualification appointments, as set out in Appendix B to these minutes be approved.

15. Appointment of Independent Members of the Audit Committee

Consideration was given to the extension of the appointments of the Co- opted Members of the Audit Committee.

RESOLVED That the appointment of Colin Crowther and Louise Gaskell be extended for a further three years until 30th April 2012.

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16. The Code of Conduct for Employees

Consideration was given to the new Code of Conduct for Employees.

RESOLVED That a new Code of Conduct be approved and incorporated into the contracts of employment of all current and future employees of the Council and that Part 5 of the Constitution of the Council be amended accordingly.

17. Borough-wide Designated Public Place Order

Consideration was given to the making of and identifying all public places within the as Designated Public Places for the purposes of the Criminal Justice and Police Act 2001.

RESOLVED That approval be given to the making of a Designated Public Place Order under Section 13(2) of the Criminal Justice and Police Act 2001, and the revocation of the existing Designated Public Place Orders, to identify all public places within the Borough of Burnley as Designated Public Places for the purposes of the said Act.

18. Amendment To Single Equality Scheme In Line With Managing Attendance Policy

RESOLVED That this item be withdrawn.

19. Minutes of Committees

RESOLVED That the Minutes of the Meetings of the following Committees held on the dates shown be received and the decisions contained in them be noted:-

Committee Date

The Executive 7th April 2009 The Executive 28th April 2009 Development Control 2nd April 2009 Development Control 30th April 2009

20. Exclusion of the Public

RESOLVED That the Public be excluded from the meeting before discussion takes place on the following items of business on the grounds that in view of the nature of the business to be transacted, if the Public would be present there would be a disclosure to them of exempt information within the meaning of Part VA of the Local Government Act 1972 relating to the financial or business affairs of any particular person (including the authority holding that information).

21. Burnley Market Escalator Replacement

Consideration was given to the amendment of the Capital Programme for 2009/10.

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RESOLVED That approval be given to the amendment of the Capital Programme for 2009/10 to allocate funding of £118,500 to permit the replacement of the escalator, previously allocated to the Electronic Document Management System, to be funded through the Prudential Code of borrowing.

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