CITY OF GLOUCESTER
CABINET
Meeting: Wednesday, 9th July 2008 at 18.00 hours in Committee Room 1, North Warehouse, The Docks, Gloucester
Membership: Cllrs. James (Leader of the Council and Cabinet Member for Regeneration and Culture), Gravells (Deputy Leader of the Council and Cabinet Member for Housing and Health), Llewellyn (Cabinet Member for Performance and Resources), Morgan (Cabinet Member for Environment), White (Cabinet Member for Heritage and Leisure), Williams (Cabinet Member for Communities and Neighbourhoods) and Whittaker
AGENDA
1. APOLOGIES
2. DECLARATIONS OF INTEREST
Members and Officers are reminded that at the start of the meeting they should declare any known interest in any matter to be considered, and also during the meeting if it becomes apparent that they have an interest in the matters being discussed.
3. MINUTES (PAGES 1 - 8)
Minutes of the meeting held on Wednesday 5 June 2008
4. PUBLIC QUESTION TIME (15 MINUTES)
5. PETITIONS AND DEPUTATIONS (10 MINUTES)
6. FORWARD PLAN (PAGES 9 - 14)
To approve the Cabinet Forward Plan (July – November 2008)
MATTERS FOR KEY DECISION
7. ROLL FORWARD OF THE CLIMATE CHANGE STRATEGY (PT07078A ) (PAGES 15 - 72)
Report by the Cabinet Member for Environment
MATTERS FOR REFERENCE TO COUNCIL 8. DRAFT FOOD SERVICE PLAN 2008 - 2009 (ES20810) (PAGES 73 - 96)
Report by the Cabinet Member for Housing and Health
9. LOCAL AUTHORITY BUSINESS GROWTH INCENTIVE SCHEME (RMD200810) (PAGES 97 - 104)
Report by the Cabinet Member for Performance and Resources
10. GLOUCESTERSHIRE LOCAL AREA AGREEMENT - 2008/11 (RMD200812) (PAGES 105 - 210)
Report by the Leader of the Council.
(The Gloucestershire Local Area Agreement document is available on the Intranet and in the Group Rooms as it is too large to reproduce with this agenda)
OTHER EXECUTIVE DECISION ITEMS
11. COUNCIL TARGETS FOR BUILDING A BETTER GLOUCESTER - CORPORATE PLAN 2008 - 2011 (PC200809) (PAGES 211 - 230)
Report by the Leader of the Council
12. STATEMENT OF ACCOUNTS 2007/2008 (RMD200811) (PAGES 231 - 254)
Report by the Cabinet Member for Performance and Resources
13. SECTION 106 MANAGEMENT (PT25068C) (PAGES 255 - 268)
Report by the Leader of the Council (Cabinet Member for Regeneration and Culture)
14. COMMUNITY ENGAGEMENT STRATEGY (PC200808) (PAGES 269 - 288)
Report by the Cabinet Member for Communities and Neighbourhoods
15. PUBLIC SERVICES EMPLOYMENT PARTNERSHIP (PAGES 289 - 308)
Report by the Cabinet Member for Performance and Resources
MATTERS FOR INFORMATION/MONITORING
16. REPORT OF THE LICENSING TASK AND FINISH GROUP (PAGES 309 - 508)
Report (with Appendix G only attached with this agenda) by the Chair of the Licensing Task and Finish Group
(Appendices A to F2 to this document are available on the Intranet and in the Group Rooms as they are too large to reproduce)
MATTERS FOR FURTHER INVESTIGATION OR REPORT
17. CITY COUNCIL RESTRUCTURE - PROPOSALS FOR PHASE 2 (PC200810) (PAGES 509 - 548)
Report by the Chief Executive
CABINET ADVICE ON THE EXERCISE OF OFFICER DELEGATED POWERS
MATTERS OF URGENCY
MINUTES FOR INFORMATION
None at this time.
CONFIDENTIAL MATTERS FOR KEY DECISION
18. EXCLUSION OF THE PRESS AND PUBLIC
To consider the following resolution :
“That the press and public be excluded from the meeting during the following item of business on the grounds that it is likely, in view of the nature of business to be transacted or the nature of the proceedings, that if members of the press and public are present during consideration of this item or these items there will be disclosure to them of exempt information as defined in Section 100I of the Local Government Act 1972.”
Agenda item 19 Description of Exempt Information
Information relating to the financial or business affairs of any particular person (including the authority holding that information)
(Paragraph 3-Schedule 12A)
19. LEASE OF LAND AT ST OSWALDS PARK TO TESCO (RMD200810) (PAGES 549 - 552)
Report by the Leader of the Council (Cabinet Member for Regeneration and Culture)
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CITY OF GLOUCESTER
CABINET Thursday, 5th June 2008
PRESENT : Councillor Paul James, Leader of the Council and Cabinet Member for Regeneration and Culture Councillor Andrew Gravells, Deputy Leader of the Council and Cabinet Member for Housing and Health Councillor Debbie Llewellyn, Cabinet Member for Performance and Resources Councillor Steve Morgan, Cabinet Member for Environment Councillor Martyn White, Cabinet Member for Heritage and Leisure Councillor Kathy Williams, Cabinet Member for Communities and Neighbourhoods
Also in Attendance Julian Wain, Chief Executive Phil Staddon, Corporate Director of Regeneration Gary Spencer, Head of Legal Services
APOLOGIES : Amanda Wadsley, Corporate Director of Strategy and Development
4.0 DECLARATIONS OF INTEREST
Councillor Kathy Williams declared a personal interest in items relating to the County Council as a Member of the County Council.
5.0 MINUTES
1. The Minutes of the meetings held on 16 April and 21 May 2008 were taken as read and signed by the Chair.
2. Matters Arising
The thanks of the Cabinet were conveyed to Councillor Lise Noakes for all her work over the past year as Cabinet Member for Performance and Resources.
6.0 PUBLIC QUESTION TIME (15 MINUTES)
1. Kay Powell of 27 Bathurst Road, Gloucester, GL1 4RR asked a question to the Cabinet Member for Environment regarding the continuing problem with fly-tipping on the Tredworth Allotments at the end of Hartland Road. She advised that she had reported three incidents in the last week and asked when the CCTV camera promised two years ago, was going to be installed.
1 Page 2 CABINET 05.06.08
The Cabinet Member for Environment advised that he was not aware that CCTV had been promised to be installed in that area. He agreed to look into the matter and respond in writing to Kay Powell.
2. Kay Powell of 27 Bathurst Road, Gloucester, GL1 4RR asked a further question to the Cabinet Member for Heritage and Leisure. She advised that although it was good that Parry Field was to have money spent on it for the first time in 20 years she was concerned that money had been withdrawn from the White City Adventure Playground.
The Cabinet Member for Heritage and Leisure advised that he would respond in writing.
Note: A letter was subsequently sent to Ms Powell which confirmed the following:
The only funding allocated to the White City Adventure Project I'm aware of was from the recent Big Lottery Play award. They have received £5,000 for improving the play bark surfacing. I believe the White City group are encountering resource problems but the City Council (Parks or Streetcare) would not have revenue funding to support their staff.
The money for Parry Fields has come from;
£15,000 from section 106 contribution from Barnaby Rd site. This can only be used for publicly accessible built facilities not for revenue funding.
£60,000 Play area refurbishment capital budget.
£20,000 from Sports development fund applied for by local community group and funding from Community Counts.
3. Terry Haines advised Members of the problems at the Blackbridge Athletics Club. He informed Councillors that 18 members had been lost to Clubs outside the city and that a break-in had caused the loss of £6000 of junior athletic equipment. The Athletics Club was now unable to hold competitions at the Blackbridge track. He asked if the Cabinet Member was prepared to take representations on the use of the Blackbridge Athletics track for competitions?
The Cabinet Member for Heritage and Leisure advised replied that he was holding a meeting on 17 June 2008 with Officers to review use of the track. Following that meeting he would know the way forward. He agreed to take representations from Mr Haines prior to the meeting.
4. Barry Leach, Chair of City Centre Community Partnership, asked “Is it the City Council’s intention to develop a city-wide public art strategy as suggested in this document? Also – side by side with this, the views of the City Council would be welcome on the idea that a post of City Public Art Officer should be created at the earliest opportunity. Such an Officer could not only help ensure future sustainability of public art in Gloucester but also aid community
2 Page 3 CABINET 05.06.08
involvement in the development of vibrant public art throughout the city – an important element in social and economic regeneration.”
The Leader of the Council responded that the ‘Place for Arts’ had been adopted by the URC and much funding was being put into it. He could give no commitment to the creation of an Arts Officer post but agreed to explore this with partners. The Leader of the Council agreed to respond in writing to Mr Leach.
7.0 PETITIONS AND DEPUTATIONS (10 MINUTES)
There were no petitions or deputations.
8.0 FORWARD PLAN
The Cabinet Forward Plan (July – October 2008) was approved.
9.0 POLICY FOR DEALING WITH TRAVELLING PEOPLE IN GLOUCESTER CITY (ES20807)
The report by the Cabinet Member for Housing and Health sought approval of the policy for dealing with travelling people in Gloucester City.
In accordance with Government Guidance the County Council (in partnership with the Police) produced a Protocol for managing unauthorised traveller encampments. This Guidance was then presented to all District Councils with a request to agree the principals. To date the County Council and all of the Gloucestershire District Councils (except Gloucester) had signed up to the Protocol.
The Head of Legal Services had advised that the Protocol should form part of an overall policy dealing with a range of issues relating to the traveller community.
The Cabinet Member for Housing and Health advised that the Council had always been swift at dealing with unauthorised encampments and he had been assured that case conferences could work quickly.
RESOLVED
1. That the Officers from Environmental Health involved in work on this policy be thanked.
2. That the Head of Legal Services investigates the possibility of recovering costs where it is necessary for the City Council to provide sanitary facilities for the use of travellers on tolerated encampments.
3. That the policy for dealing with travelling people in Gloucester City be approved.
10.0 PARKING SERVICES PROCUREMENT - PROJECT INITIATION DOCUMENT (PT06058B)
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The Leader of the Council (Cabinet Member for Regeneration and Culture) presented for approval a PRINCE2 project initiation document on a project to procure a contractor to undertake a range of parking services from 1 September 2009 onwards.
The Leader of the Council reported that the City Council played a very major role in on-street and off-street parking services. As the largest single provider of off-street car parking in the city the Council had 13 car parks amounting to 50% of the city’s entire off-street parking business. This was a major Council business operation.
The Council’s off-street car parks were currently managed by NCP Limited under an arrangement which expired on 31 August 2009. NCP had managed the Council’s car parks for many years.
RESOLVED
1. That the Parking Services Procurement Project Initiation Document be approved as framework for managing this important project.
2. That the Corporate Director Regeneration be tasked with and authorised to undertake the Executive responsibility and decision making associated with the project, subject to the final contract award being approved by Cabinet.
11.0 GATING ORDERS - A CRITERIA FOR ADOPTION (ES20809)
The Cabinet Member for Environment outlined a criteria for adoption at Gloucester City Council regarding Gating Orders. This was to secure a consistent and transparent approach around the city.
The report also sought a budget for Gating Orders to cover costs from April 2009 and delegated authority for Officers.
RESOLVED
1. That the criteria for Gating Orders in the Appendix be adopted for application throughout the city.
2. That an annual budget of £15,000 for Gating Orders be allocated to cover the costs of placing public notices in the Citizen and purchasing, installing, maintaining and if necessary de-commissioning the Gates from April 2009.
3. That Delegated Authority be granted to:
• the Environmental Health Manager to initiate the process for the making of Gating Orders; • the Environmental Health Manager in consultation with the Cabinet Member for Environment to authorise the making of Gating Orders where there are no written representations; • Cabinet to make decisions regarding Gating Orders where written representations have been received except where regulations require the matter to be referred to a Public Inquiry.
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12.0 BUSINESS CONTINUITY MANAGEMENT: CORPORATE RECOVERY PLAN (RCS08012)
The report by the Cabinet Member for Communities and Neighbourhoods asked Members to consider and approve a revised Corporate Recovery Plan for Gloucester City Council.
The Chief Executive reported that Business Continuity Management was a management process that helped manage the risks to the smooth running of an organisation or the delivery of a service. It would ensure that the business could continue in the event of a disruption. Members noted that the Council was obliged to keep this document under review and that individual services had their own plans. It was also reported that amendments were to be made to the Corporate Recovery Plan.
The Cabinet Member for Housing and Health advised that communication with Members was very important. He asked that some form of daily communication should take place in the event of a disruption. The Chief Executive advised that every effort to communicated with members would be made subject to the requirements of the situation on the ground.
RESOLVED
That the Corporate Recovery Plan (Appendix 1) For Gloucester City Council be approved under the requirement set out in the Civil Contingency Act 2004 and the Contingency Planning Regulations 2005.
13.0 TREASURY MANAGEMENT ANNUAL REPORT - 2007-2008 (RMD200807)
The report by the Director (S151) set out for Members’ information the City Council’s Treasury Management activities during 2007 – 2008.
It was reported that the current Treasury Management Policy Statement required the Director (S151) to produce an Annual Report to Members on the Treasury Management function. It also required the Director to report to Members with a half-yearly monitoring review of the current year’s Treasury Management activities with an Annual Strategy. A revised Strategy for 2007 – 2008 and a Strategy for 2008 – 2009 was approved by Cabinet on 23 January 2008. This report included details of:
• External borrowing; • New borrowing during 2007 – 2008; • Repayments during 2007 – 2008; • Variable Rates; • Borrowing Limits; • Cost of Interest; • Investment
The Cabinet Member for Performance and Resources reported that the Council was very much in control of its budget. 5 Page 6 CABINET 05.06.08
RESOLVED
That the City Council’s Treasury Management Activities report for 2007 – 2008 be noted.
14.0 COUNTYWIDE PROCUREMENT OF HOUSING AND COUNCIL TAX BENEFIT APPLICATION FORM (DRBEN001)
The report by the Cabinet Member for Housing and Health sought approval to enter into a joint procurement exercise with the other Gloucestershire District Councils for the procurement of a Housing and Council Tax Benefit Application form.
Cabinet approval was sought for the Head of Benefits to receive Delegated Authority to enter into a joint procurement exercise for the purchase of Benefit Application forms for a period of five years.
RESOLVED
1. That Cabinet agreed to the joint procurement of the Application form.
2. That Cabinet delegate authority to the Head of Benefits to enter into a joint procurement exercise for the purchase of Benefit Application forms for a period of five years with any other Local Authority / Authorities.
15.0 HISTORIC BUILDING GRANTS - LOWER EASTGATE STREET (PT06058A)
This report was dealt with as a matter of urgency on the agreement of the Chair as the report was not published with the Agenda papers.
The report by the Cabinet Member for Heritage and Leisure sought Members’ approval for a further Interim Grant Scheme targeted at the facelift of properties on Lower Eastgate Street alongside a Planning Enforcement programme.
Cabinet Members were reminded that in November 2006 they agreed in principal to an Interim Grant Scheme to be operated for two years between the end of the recently completed Townscape Heritage Initiative (Eastgate Street, St Michael’s Square and Worcester Street) and the start of the intended follow-on scheme for Southgate Street. It was felt that the additional delay in progressing Southgate THI Scheme provided the opportunity for a further year of an interim scheme and the focus of this on a Lower Eastgate Street Facelift Scheme, coupled with a programme of planning enforcement offered the chance of producing a noticeable impact from the limited budget available.
RESOLVED
1. That Cabinet agree in principal to the allocation of the Historic Areas Grant monies for 2009 – 2010 for the operation of a Facelift Grant Scheme in Lower Eastgate Street and request that Officers prepare details of the scheme for approval.
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2. That Cabinet agree to the existing Interim Grant Scheme being extended to three years (for the projects already identified to enable the Lower Eastgate Facelift Scheme to be commenced as soon as is practicable).
Time of commencement: 18:00 hours Time of conclusion: 18:38 hours Chair
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FORWARD PLAN - CABINET
(JULY - NOVEMBER 2008)
(Cabinet Meeting: 30 July, 3 September, 8 October and 12 November 2008)
Cabinet Members
Portfolio Name Contact Details Leader and Regeneration and Culture Councillor Paul James 4 Pitch View, 46 Kingsholm Road, Gloucester GL1 3AU Tel: 384051 e-mail: [email protected] Deputy Leader and Housing and Health Councillor Andrew Gravells 39 Drivemoor, Abbeydale, Gloucester GL4 5XP Page 9 Tel: 503974 e-mail: [email protected] Performance and Resources Councillor Debbie Llewellyn 10 Moorhen Court, Quedgeley, Gloucester GL2 4LE Tel: 722090 e-mail: [email protected] Environment Councillor Steve Morgan 92 Hempsted Lane, Gloucester GL2 5JS Tel: 520534 e-mail: [email protected] Communities and Neighbourhoods Councillor Kathy Williams 12 Woodcote, Longlevens, Gloucester GL2 9RX Tel: 307604 e-mail: [email protected] Heritage and Leisure Councillor Martyn White Coglan Lodge, Old Monmouth Road, Longhope, Gloucester GL17 0NZ
Tel: 831618 e-mail: [email protected] Agenda Item6
This Forward Plan contains details of all the key decisions that are planned over the next four months. It will be updated and published every month. The Forward Plan also includes Budget and Policy Framework items; these proposals are subject to a period of consultation and Overview and Scrutiny Committees have the opportunity to respond in relation to the consultation process.
Cabinet dates may change during the year and you are advised to contact Democratic Services - details below
1
A Key Decision is one that:
v involves significant expenditure or savings v has a significant effect on communities in two or more electoral divisions
KEY = Key Decision BPF = Budget and Policy Framework
CONTACT:
For further information on any of the items please contact the Officer shown.
To make your views known on any of the items please also contact the Officer shown or the portfolio holder (details overleaf).
For information on attending meetings or asking questions, presenting petitions or making statements at Cabinet meetings and other meetings of the Council, Page 10 please contact:
Tony Hughes on. (01452) 396167, Fax: (01452) 396140, e-mail: [email protected]
For a copy of the Forward Plan please call Lisa Evans on (01452) 396167 (Democratic Services ).
2
METHOD OF CABINET DECISION BACKGROUND CONSULTATION CORPORATE PLAN PLANNED CONTACT DOCUMENTS AND MAIN KEY AIM DATES OFFICER/COUNCILLOR CONSULTEES CABINET DATE: 30 JULY 2008
LEADER OF THE COUNCIL (CABINET MEMBER FOR REGENERATION AND CULTURE)
KEY Eastern Avenue Depot - None. Cabinet 30 Officer:Peter Goodland Award of Tender Jul 2008 Tel: (Tel: 01452 396845) Email: [email protected] CABINET DATE: 3 SEPTEMBER 2008
Page 11 LEADER OF THE COUNCIL (CABINET MEMBER FOR REGENERATION AND CULTURE)
KEY Sale of the Vaughan None. Council 18 Officer:Christopher Mallard Centre, Southgate Street Sep 2008 Tel: (Tel: 01452 396106) Email: [email protected] KEY Coach House, Land at St None. Cabinet 3 Officer:Michael Lyon James's Close, Quedgeley Sep 2008 Tel: (Tel: 01452 396145) Email: [email protected]. uk CABINET MEMBER FOR HOUSING AND HEALTH
KEY The Revised None. Cabinet 3 Officer:Mary Hopper Homelessness Strategy Sep 2008 Tel: (Tel: 01452 396537) and Action Plan Email: [email protected]
3
METHOD OF CABINET DECISION BACKGROUND CONSULTATION CORPORATE PLAN PLANNED CONTACT DOCUMENTS AND MAIN KEY AIM DATES OFFICER/COUNCILLOR CONSULTEES CABINET MEMBER FOR PERFORMANCE AND RESOURCES
KEY Support Services Review None. Cabinet 3 Officer:Jacquie Douglas Sep 2008 Tel: (Tel: 01452 396607) Email: [email protected] KEY Use of S106 Interest None. Cabinet 3 Officer: Sep 2008 Tel: () Email: KEY Review of Standing Orders None. Council 18 Officer:Amanda Wadsley Page 12 Sep 2008 Tel: (Tel: 01452 396402) Cabinet Members, Email: Overview and Scrutiny [email protected] Management Committee, Group Leaders and the Constitutional task and Finish Group. BPF Review of the Committee None. Council 18 Officer:Amanda Wadsley Structure including the Sep 2008 Tel: (Tel: 01452 396402) Role of Members and the Email: Scrutiny Process [email protected]
CABINET MEMBER FOR HERITAGE AND LEISURE
KEY Management None. Cabinet 3 Officer:Julian Wain Arrangements for the Sep 2008 Tel: (Tel: 01452 396200) Leisure Trust Email: [email protected]
4
METHOD OF CABINET DECISION BACKGROUND CONSULTATION CORPORATE PLAN PLANNED CONTACT DOCUMENTS AND MAIN KEY AIM DATES OFFICER/COUNCILLOR CONSULTEES KEY Progress report for None. Cabinet 3 Officer:Phil Staddon wheeled sport and play Sep 2008 Tel: (Tel: (01452) 396701) facilities in the Barnwood, A meeting took place Email: Abbey and Hucclecote with local Councillors, [email protected] areas PCSOs, Skaters and Council Officers
Consultation exercises were carried out in February and June with leaflets being delivered Page 13 to 900 homes in Abbeymead which were closest to the proposed location. CABINET MEMBER FOR COMMUNITIES AND NEIGHBOURHOODS
KEY Community Engagement None. Cabinet 3 Officer:Amanda Wadsley Strategy Sep 2008 Tel: (Tel: 01452 396402) Email: [email protected] KEY Commissioning Advice None. Cabinet 3 Officer:Amanda Wadsley Services Sep 2008 Tel: (Tel: 01452 396402) Email: [email protected]
5
METHOD OF CABINET DECISION BACKGROUND CONSULTATION CORPORATE PLAN PLANNED CONTACT DOCUMENTS AND MAIN KEY AIM DATES OFFICER/COUNCILLOR CONSULTEES CABINET DATE: 8 OCTOBER 2008
LEADER OF THE COUNCIL (CABINET MEMBER FOR REGENERATION AND CULTURE)
KEY Use of 106 Interest None. Cabinet 8 Officer:Phil Staddon Oct 2008 Tel: (Tel: (01452) 396701) Email: [email protected]
CABINET MEMBER FOR HOUSING AND HEALTH Page 14
KEY Future Arrangements for None. Cabinet 8 Officer: Management of Council Oct 2008 Tel: () Housing Stock Email:
CABINET MEMBER FOR ENVIRONMENT
KEY Public Conveniences None. Cabinet 8 Officer:Trevor Light Oct 2008 Tel: (Tel: 01452 396326) Email: [email protected] CABINET DATE: 12 NOVEMBER 2008
CABINET MEMBER FOR HERITAGE AND LEISURE
KEY Museums Storage None. Cabinet 12 Officer:Phil Staddon Nov 2008 Tel: (Tel: (01452) 396701) Email: [email protected]
6 Page 15 Agenda Item 7
CABINET DECISION TRACKER AND MONITORING FORM (To accompany all Cabinet decisions [key and non-key] except reports for information and noting) (*F11 to form fields)
1. SUBJECT
(a) Title: Roll forward of Climate Change Strategy
(b) Ward: All
2. *KEY DECISION TO BE CONSIDERED (As per recommendations of report)
That the report attached is noted and that the document attached at Appendix 3 is adopted as the rolled forward Climate Change Strategy for Gloucester City Council.
3. SUMMARY OF THE ISSUE
(a) Background
Members approved the Climate Change Strategy in the Summer of 2007. Then it was understood that in a rapidly changing environment an annual roll forward would be required . The report attached fulfils this commitment.
(b) Financial Implications (Bring in from report)
The training of Building Control staff as accredited assessors will be from existing revenue budgets. The combined heat and power for GL1 cost £190,000 which will make an efficient use of gas and reduce CO2 emissions. Future schemes to reduce emissions include the redevelopment of the depot and mercury abatement at the Crematorium.
(c) Legal Implications (Bring in from report)
None to the report.
(d) Risk Management Implications
Lack of resources, lack of funding, change in government legislation.
(e) Predictive Impact Assessments (Equalities)
There would be an equal benefit to all members of the community as this is a report that deals with protection and preparation for the consequences of climate change.
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(f) Other Corporate Implications
As contained in report.
4. REPORTING DATES Who? Date
(1) GLT: 10 th June 2008
(2) Cabinet Briefing: 25 th June 2008
(3) OSM: (Pre-Scrutiny - key decisions only) 7th July 2008
(4) Cabinet: 9th July 2008
5. RESPONSIBILITY
Portfolio : Regeneration
Lead Officer : Meyrick Brentnall/Stephen McDonnell
6. CONSULTATION (To be carried out or carried out (including method and dates, required for Key decisions only - information must link with information on consultation contained in the Forward Plan).
6.1 Stakeholders (including Ward Councillors where appropriate)
Consultation with stakeholder group and steering group.
6.2 Outcome (Brief summary and ref. for minutes, other related documents)
See para 5.6 of main report.
7. OPTIONS (to be considered/considered - brief summary and reference to reports where appropriate)
Do nothing – the City Council would be seen to be failing its responsibility on this important topic. Do more. In this field there is always more that can be done, however there would be significant financial implications.
8. OVERVIEW & SCRUTINY MANAGEMENT COMMITTEE - PRE-SCRUTINY COMMENTS (Key decisions only)
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9. ADDITIONAL OPTIONS CONSIDERED (other than those specified in the report)
10. CABINET DECISION TAKEN (If in line with 2 above, say, ‘In accordance with 2 above’ - Expand if the decision is otherwise e.g. where views/suggestions of Overview & Scrutiny Management Committee have been taken into account)
To note report and progress report and adopt revised climate change strategy
11. CONSULTATION/ADVICE (Delete as appropriate)
11.1 Have the consultation comments been taken into account? YES / NO
(Key Decisions only)
11.2 Was the decision taken in accordance with officer advice? YES / NO
12. REASONS FOR THE DECISION:
13. INTERESTS (Details of any interests declared by a Member or Officer in the subject matter of the decision either (a) personal or (b) personal and prejudicial) :
14. DISPENSATION (Details of any dispensation granted by Standards Committee) :
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Gloucester City Council
COMMITTEE : OVERVIEW & SCRUTINY MANAGEMENT CABINET DATE : 7TH JULY 2008 9TH JULY 2008 SUBJECT : ROLL FORWARD OF CLIMATE CHANGE STRATEGY DECISION TYPE : KEY WARD : ALL REPORT BY : CABINET MEMBER FOR ENVIRONMENT NO. OF APPENDICES : 1 – PROGRESS REPORT 2 – CLIMATE CHANGE WORK PROGRAMME 2007/08 3 – CLIMATE CHANGE STRATEGY REFERENCE NO. : PT07078A
1.0 PURPOSE OF REPORT
1.1 To appraise GLT/Cabinet on the progress of the adopted Climate Change Strategy and to approve an updated strategy and work programme for the coming year.
2.0 RECOMMENDATIONS
2.1 That this report, and the progress report attached at Appendix 1 is noted and that the updated Climate Change Strategy attached at Appendix 3 is formally adopted.
3.0 BACKGROUND
3.1 The City Council adopted a climate change strategy in the summer of 2007. It was understood then that, with the rapid increase in understanding of Climate Change and legislative responses to it, an annual update would be required. This concern was well founded as a number of important changes have taken place especially in the realm of Government legislation and guidance. The weather events of last summer have also changed people’s perception of climate change, and of course as projects get completed new ones will need to be identified.
4.0 PROGRESS
4.1 Detail on progress is provided for in Appendix 1 and Appendix 2. In summary it can be said that the majority of the tasks were implemented and on time. Tasks completed of note include the number of EcoHomes negotiated and built, solar hot water systems installed on Gloucester City Homes buildings, the combined heat and power plant at GL1, the Alney Island Wind turbine, the Hydropower feasibility study and the Free Tree Scheme. Where projects did not happen, for example the proposal for a solar hot water system on North Warehouse, there is generally a reason for this – in this case it was not technically feasible, though hot water for this building is now provided far more efficiently through the main boiler.
REF: PT07078A 1 Page 20
4.2 Timescale and funding will always be an issue and there are some projects, for example the car club, which are subject to funding arrangements slotting into place. It is proposed that this and other projects like it will be rolled forward in the new strategy.
5.0 FUTURE WORK
5.1 The pace of change in the field of climate change has been rapid. Not only is scientific knowledge increasing, national legislation/guidance is changing the way local authorities address the issue. Of course the weather events of last summer have also focussed the minds of many and while no one will categorically attribute this to climate change it certainly gave a taste of what is predicted to happen.
5.2 With adapting to climate change creeping up the agenda both nationally and locally it is proposed that this component of the strategy will be given added emphasis. This is not to say that mitigation i.e. reducing the greenhouse gases emitted, will not still be a fundamental part of our work.
5.3 If we are to adapt better to a climate changed world then we should begin by trying to understand what it will be like. Through work done by the UK Climate Impacts Programme there is a general consensus that weather events will get more intense with drought, extreme temperatures and flooding becoming more common. It must be borne in mind however, that complex climate reactions could be triggered, which may result in unpredicted change. What is clear, is that change will happen and doing nothing is not an option.
5.4 Given the flood events of last summer, and predictions that these will become more common, then coping with floods will need to be a significant component of any climate change adaptation strategy for Gloucester. We must not just focus on floods however, and remember that 2003 was the hottest on record with many thousands of preventable deaths being attributed to it.
5.5 We need to be aware, therefore, of how climate driven extremes will impact upon our quality of life, our ability to operate our economy and how it will impact upon the wider environment. We are not helpless in all of this, there are many things we can do to modify our microclimate and enable us to operate effectively in a climate- changed world. For example, trees in towns and cities have a significant impact upon urban temperatures (University of Manchester research showed that if a city added 10% more tree cover it could reduce overall surface temperatures by up to 4 degrees Celsius). Trees also have a role in flood attenuation. Urban areas can be more flood proof through engineered solutions and better management of natural water processes. Wildlife can be given space to migrate and adapt.
5.6 The importance of environmental issues to the general public continues to grow. This was reflected in the allocation of the peoples budget earlier on in the year, when a significant proportion of it was directed towards an environmental project. Initial thoughts focused on reducing plastic carrier bag usage, however, Cabinet finally decided to allocate the funding to a subsidized water butt scheme as most supermarkets (with pressure from the public and councils) had agreed to phase out free bags anyway. The Water Butt Scheme is to be run in partnership with Severn Trent, residents will just have to place an order and it will be delivered to their door with a stand and connection kit. The benefits of water butts with regard to climate
REF: PT07078A 2 Page 21
change are numerous, as well as reducing water demand they can help lessen surface water run off and as many can testify, when water supplies are interrupted through extreme weather they can be an invaluable source of non potable water.
5.7 The original strategy set up the steering group (predominantly Council Members and Officers) and the Stakeholder group (Members external agencies, businesses, and community groups). These groups were supportive of the change in emphasis in the proposed updated strategy. Incidentally the new strategy proposes that the Stakeholder group may merge with the Environment and Ecology Forum and the Natural & Built Environment Group of the Gloucester Partnership. If this goes forward it should provide a more productive and efficient working relationship with the City Council and other partners/stakeholders.
5.8 These and other components have therefore have been built into the review of the strategy. For all the detail please see the revised strategy at Appendix 3.
6.0 CONCLUSIONS
6.1 The original Climate Change Strategy accepted that this was a rapidly changing field and that an annual review would be required. The events of last summer and changing government guidance/legislation has borne this out and has resulted in a change of emphasis in the proposed updated strategy towards adaptation from mitigation.
7.0 FINANCIAL IMPLICATIONS
7.1 The training of Building Control staff as accredited assessors will be from existing revenue budgets. The combined heat and power for GL1 cost £190,000 which will make an efficient use of gas and reduce CO2 emissions. Future schemes to reduce emissions include the redevelopment of the depot and mercury abatement at the Crematorium.
7.2 Name of the Officer: Steve Meers
8.0 LEGAL IMPLICATIONS
8.1 None to the report.
8.2 Name of the Officer: Gary Spencer
9.0 RISK MANAGEMENT IMPLICATIONS (Authors to complete) Identify all key risks (scoring 8 and above) for the recommendation including the impact and likelihood of the risk occurring and what measures will be taken to mitigate the risk.
Risk Impact Likelihood Score Statement of Risk Actions to (Impact * mitigate risk (1-4) (1-4) likelihood) 16 – Very High 1= Low 1= Low 8 –12 High 4= High 4= High <8 Low risk
Lack of staff 4 2 8 Low/High Contingency resources acceptance
REF: PT07078A 3 Page 22
Lack of 4 3 12 High Acceptance, funding reduction
Change in 4 2 8 Low to high Acceptance government legislation
10.0 PREDICTIVE IMPACT ASSESSMENTS (EQUALITIES) (Authors to complete) Identify all risks for customers and staff, in the areas of gender, disability, age, race, religion, sexual orientation etc.
10.1 There would be an equal benefit to all members of the community as this is a report that deals with protection and preparation for the consequences of climate change.
11.0 OTHER CORPORATE IMPLICATIONS
1. Community Safety (Author to complete)
Adapting to extreme temperatures and weather events should make Gloucester a safer place to live, visit and work.
2. Environmental (Author to complete)
The strategy tries to reduce the environmental impact of our actions and those we have an influence on.
3. Staffing (Personnel to complete) (Provided by G. Bourton)
None.
4. Trade Union (TU to complete) (Provided by I. Hughes)
No comments.
Background Papers :
Published Papers :
Person to Contact : Meyrick Brentnall Tel: 396829 E-mail: [email protected]
MVJ/PT07078A 25.6.2008
REF: PT07078A 4 Page 23
Appendix 1
2007 Climate Change Progress Report
This report lists the tasks and projects identified in the 2007 Climate Change Strategy. Against each task/project there is a short resume detailing how successful we have been. If there have been problems with implementation then the reason is identified. Projects that are still live, will if valid be carried forward into the 2008 review. There will be some projects that for one reason or other have not been carried forward, it is proposed that these are dropped in the 2008 strategy.
The tasks have been broken down as they appear in the strategy, and for convenience separated out into their relevant sections. The actual tasks are in italics and highlighted.
1.0 Buildings
This section recognized that buildings are responsible for about a third of our carbon emissions. Given we are a housing and a planning authority and the owners of a number of large buildings, then our potential to make a difference is significant.
1.1 New build to higher EcoHome Standard : This task attempted through the development control process to drive up the sustainability profile of dwellings in the City. Over the past year or so at least 50 homes designed to EcoHome ‘Very good’ standard were constructed. Although seemingly ambitious at the time, Government standards for new build were published last year and a rapid timetable for implementation has been suggested in the Regional Special Strategy. It is likely that most homes built over the next few years will be the equivalent of EcoHome ‘Very Good’ or better. By 2016 all dwellings will need to be zero carbon. Update and carry forward.
1.2 Train Building Control staff to become EcoHome accredited assessors : 3 building control staff were trained on the basics of the Sustainable Code (Successor to EcoHomes). None have been trained to accredited status though it is hoped that this can be achieved next year. Carry forward.
1.3 Train Development Control Staff on EcoHomes : All Development Control and LDF planners have been trained in the principles of the Sustainable Code allowing them to negotiate for higher standards with confidence.
1.4 Lighting Strategy : The lighting strategy has been published with a commitment to work with building owners and tenants to reduce light wastage and increase the uptake of energy efficient lighting. Work will now focus on implementation. Carry forward.
1.5 Green Burials : A green burial site is up and running. To increase uptake of this low carbon form of burial a leaflet has been published in an effort to market the service to a wider range of people. Modify and carry forward.
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1.6 Publicize Energy usage in public buildings : Government guidance on how this is to be done is pending. It is hoped to take this task forward in October.
1.7 Solar Hot water systems for social housing : 2 have been installed. Another 10 are pending and will be implemented over the coming year. Carry forward.
1.8 Combined heat and power for GL1 : This energy efficient way of heating the facility while at the same time generating electricity is now installed and saving a significant amount of CO2 (about 300 tonnes a year) and money. Delete from Strategy.
1.9 Solar hot water on a Council building : North Warehouse was the original site for this project. Technical problems made it expensive to implement. Even so as a result of investigations the hot water system for this building was upgraded to make it far more efficient. Delete from Strategy.
1.10 Energy Champions : These are individuals in the work force who promote energy efficiency. With support from Severn and Wye Energy Agency Energy Champions have been identified and trained and continue to do good work. Carry forward.
1.11 Heat Candid Camera : This project utilised a heat camera to see if new buildings had been built to specification. A number of new properties were surveyed. One development in particular performed badly. Rather than name and shame, discussions are ongoing with the developer to ensure future problems do not arise. We will continue to use this innovative technology to identify heat wastage. Carry forward in modified format.
1.12 Low Carbon Depot : This recognized that the new Eastern Avenue depot should not be just another standard building. The proposal has now received planning permission. As it will be a design and build contract high sustainability standards have been conditioned on the planning consent. Carry forward in a modified format.
1.13 Reduce CO2 emissions from buildings by 20% by 2010 : This is on-going and will be rolled forward. To date we are not on target. We will be working with the Carbon Trust to try and understand what is going on. Other projects in the roll forward will help us hit the target.
2.0 Transport
Transport makes up a further third of emissions. The loss of the Highway Agency has however, reduced our influence in this field.
2.1 Investigate the carbon footprint of Gloucestershire Airport: This recognized the high profile that aviation has with regard to climate change and our unusual role as joint owner of the airport (with Cheltenham BC). Although a controversial task, officers from the City and CBC have had meetings with the airport management and agreed a way forward that will ensure they monitor their emissions from both ground based operations and air traffic activity.
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They have also agreed in principle to an overall cap, and long-term reductions in carbon emissions. Ground based operations will be addressed and actions put in place to reduce emissions. This is a long term project and will therefore be carried forward.
2.2 Removal of Bottled water from docks : This recognized the ‘water miles’ in transporting bottled water around the country. The bottled water dispensers have been replaced with mains fed systems, plastic cups are recycled. Done, delete from strategy.
2.3 Revision of our Travel Plan : This recognizes our own carbon footprint in how staff get to work. This project is ongoing and will need to be rolled forward.
2.4 New Bus Station : This complex project recognizes the need for a quality public transport service if people are going to switch from private car to buses. Work is ongoing and will need to be rolled forward.
2.5 Alternative Fuels for Contractors fleet . This work has focussed on efficiency and being lead by the partner with little input from the City Council. This will be dropped from the roll forward.
2.6 Car Club : This sought to use section 106 money from developers to set up a car club so that city dwellers did not have to own a car. We are not yet at the point where enough money has accumulated to make it viable. We hope, however, to roll this out over the next couple of years. Lack of new occupations (and therefore more section 106 money) due to the down turn in the housing market may impact upon the timing of this project.
2.7 Ensure partners and contractors adopt green travel plans : This has proved difficult and time has been better spent elsewhere. However, it is something we intend to press on with and will therefore be carried forward.
3.0 Waste
Putresable waste in landfill gives off Methane a powerful greenhouse gas. Making products from virgin material takes more energy than re-using or recycling. Waste is therefore a climate change issue. With the transfer of the recycling officer to Enterprise it has however been harder to influence matters.
3.1 Work with County on composting technologies : Disposal of putresables to landfill results in methane (a very potent greenhouse gas) being emitted to the atmosphere. Putresables can however be composted either aerobically (in the presence of oxygen) or anaerobically (without oxygen). Although anaerobic is the most climate friendly as it generates energy rather than requiring it, it is not tried and tested. The County to date are focussing their work on proven aerobic digestion. This is still not resolved and the debate on-going. Carry forward.
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3.2 Introduce alternative weekly collection of residual waste : This method of waste collection has been shown to significantly increase recycling rates. It is currently pending Member decision. Carry forward.
3.3 Expand Green waste collection service : The objective of this project is to divert putresables from landfill. This has now been implemented across the majority of the city. Done, delete from strategy.
3.4 Biomass boiler : Woodchip from arboricultural waste is an almost carbon neutral form of energy. We had hoped to commission a new boiler and potentially use arboricultural waste from the parks contract to fuel it. Although we have not had the opportunity to commission a new boiler arboricultural arisings from Enterprise are now made into the woodchip to be used commercially as wood chip fuel. Done, delete from strategy.
3.5 Climate friendly purchasing : The idea here was to ensure that large-scale purchases had the climate impacts of them taken into account. The procurement officer left shortly after the previous strategy was adopted. The post was vacant for a while and although filled briefly, at time of writing it is once again vacant. When the post is finally filled this work will be carried forward.
4.0 Water Resources
Notwithstanding the floods of last summer predictions are still for hotter drier summers. We need to be water wise and ensure that water shortages common in the south-east do not become the norm here.
4.1 Water efficient Planning Policies : We can influence the demand for water in new build through planning control. Policies concerning the use of water are in the draft Local Development Framework and will be published in due course. Carry forward.
4.2 Water Harvesting on Council buildings: The quick hits of the Crematorium and Robinswood Farm buildings have been done. The planning consent for the re-development of the depot is conditioned to ensure that rainwater is harvested. We need to find other council buildings where this can be delivered. It is proposed that this project is rolled forward with new schemes.
4.3 Water Butts for all : The intention here was to ensure that residents had the opportunity to save water. This was considered to be an adaptation to predicted drought conditions, in the event many were dependant on water butts for non-potable water during the weather event of last summer. We are currently working with Severn Trent and now have funding available. The original target was 2010, this will be rolled forward and delivered this financial year. Carry forward.
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5.0 Renewable Energy
Renewable Energy does not use fossil fuels in its generation. The strategy proposed a number of projects to increase uptake of renewables.
5.1 Modify LDF policies to encourage renewables : Policies concerning renewables are in the draft Local Development Framework and should be published in due course. Carry forward.
5.2 Train Building Control staff to carry out Energy Assessments : We need to be in a position to negotiate with developers from a position of knowledge when trying to increase the percentage of renewable energy a development generates. BC staff have been given some training on the principles of the Merton Rule (10% on site renewable energy requirement). They have not had time to be trained as detailed energy assessors. We hope to pursue this project over the coming months and will therefore carry over.
5.3 Tidal Barrage Stance : A barrage across the Severn could produce 5% of the UK’s electricity needs. The intention was for the City to formally adopt a stance on this important project. The Environment and Ecology Forum did debate the issue, however, before there was an opportunity for the Council to formally debate the issue the government announced a 2-year feasibility study. Incidentally back in 2006 along with the County we had requested that a study be undertaken. We will need to see the outcome of this work before coming to any judgement. Modify and Carry forward.
5.4 Alney Wind Turbine : This project hoped to install a wind turbine on Alney Island. A small 5 kW machine has planning consent and the concrete base has been built. At time of writing travellers had moved on to the site and the contactors were reluctant to finish the project until that issue has been resolved. Concerning a bigger commercial machine, we have been in discussion with EcoTricity with regard to a large 335 kW machine. However, flood plain constraints (transformers at the base of the tower can not flood) mean that they cannot go ahead. We are now talking to another company regarding a 50kw machine. This, (like the 5kw model), may be able to locate the transformer high up in the tower.
5.5 Wind turbines for public buildings : Small 1kw turbines can be fitted to buildings to generate a small amount of low carbon energy. It became clear however, that building mounted turbines were not the most efficient and that small pole mounted machines on open sites operated far better. We have been working with a number of schools offering them advice on planning permission and grants. To date, one (Bishop’s School) has planning consent. We hope to help at least two other schools install small scale (6kw) turbines in their schools over the next few months. Modify and carry forward.
5.6 Biomass Boiler : The most obvious location for a boiler is the depot. As part of the planning application a number of renewable energy options were put forward including biomass. The consent was conditioned on the buildings providing 10% of its energy from renewable sources. Whatever technology is
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chosen will depend on costs, grant structure and appropriateness for the building. We will also ensure that this technology is investigated when looking at other council refurbishments or when working with our partners. Roll forward.
5.7 Hydropower at Llanthony : This looked at the feasibility of exploiting the small head of water that falls over Llanthony weir for hydropower. The feasibility study is complete and came out positive, reporting that up to a mega watt of renewable energy is available. The EA has recently reported its opinion and while supporting the principle, has identified a number of constraints principally fish movements. Discussions with the consultants appear to suggest none of these are insurmountable. The RDA have expressed interest in the proposal and if it is taken forward it is likely to be as part of a developer looking to discharge their responsibilities with regard to the 10% on or near site renewable energy requirement. This is a long term project and will need to be carried forward.
6.0 Biodiversity
Climate change is a significant threat to biodiversity. As the temperature warms species will need to migrate North. The strategy attempts to increase the resilience of biodiversity generally and ensure that North-South migratory corridors are available.
6.1 Protection of North South Corridor for species migration : Policies concerning the North South corridor are in the draft Local Development Framework and should be published in due course. Carry forward.
6.2 Planting programmes for City Trees : There is now a body of information regarding trees for a climate-changed world. Without being overzealous certain trees will be chosen over others on city planting schemes. Highway trees are of course now the responsibility of the County Council. This is on- going and will be carried forward.
6.3 Severnside Regional Park : This was an ambitious project based on the successful River Nene model that covers large areas of Northamptonshire. To date it has proved difficult to get partners involved, and without large players like the County Council on board it was going to be difficult to implement. Since the strategy was published, however, the Wildlife Trust have announced the Severn Vale Living Landscape project. Launched in April this project will work with landowners in the Severn Vale area to manage their holdings for wildlife, with an objective of providing a series of linked habitats along the north-south Severn Corridor. We will need to look at how we can work with this project for common benefit. Modify the strategy to take up a supporting role.
6.4 Water for Wetland : The aim of this project was to increase wetland habitat through development, principally through the use of sustainable urban drainage systems. A site in RAF Quedgeley has been built out, and the brief for Clearwater Drive focuses on wetland creation as part of the drainage proposals. While other projects may present themselves remove from Strategy.
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6.5 Background biodiversity . The specific output of this project was to ensure that bedding displays used nectar rich cultivars. This has been put in place. However, more recently the Natural Environment and Rural Communities Act has come into force. This states that ‘Every public body must in exercising its function have regard so far as is consistent with the proper exercise of their functions, to the purpose of conserving biodiversity’. This general duty has far reaching implications and will need to be addressed in other aspects of council activity, in particular how open space is managed. A modified task will need to be incorporated into the strategy.
7.0 Adaptation
The accepted wisdom is that climate change is here and no matter how good we are at reducing emissions we will still have to deal with some of the consequences. This section attempted to ensure that tasks and projects were in place that meant that we were better equipped to deal with a changed climate.
7.1 Flooding policies in LDF : Policies concerning flooding are in the draft Local Development Framework and will be published in due course. This is on- going and will need to be carried forward.
7.2 Lobby EA on managed retreat: Managed retreat would look at River Severn Flooding in a more holistical manner and would allow certain low value areas to flood releasing pressure on built up areas. In evidence to the flood inquiry this was raised and in subsequent letters to the EA. Little appears to have happened however, and the specific issue regarding the role of agricultural defences and their relation to flooding in Gloucester has not been addressed. This will need to be carried forward.
7.3 Free Trees : Urban trees have a significant impact on moderating climate in urban areas. This popular scheme resulted in 1600 trees being planted in the City. It is intended to carry the programme forward in the coming year and do more to get trees planted. Carry forward and expand.
7.4 Green buildings : This recognized the benefit that plants can bring to moderating the climate within and around buildings. Green roofs especially can help keep a building cool in summer and warm in winter. While one significant green roof was negotiated through the planning process there is a need to do more. This should also be supported through LDF policy. Roll forward.
8.0 Delivery
This section looked at how the implementation of the strategy would be managed.
8.1 Set up a steering group: Done
8.2 Set up a stakeholder group : Done, though it is proposed to merge this with the existing Environment & Ecology Forum and the Gloucester Partnership’s Natural and Built Environment group. Roll forward in modified form.
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8.3 Update strategy on an annual basis . Done and continue to do so.
8.4 Communication programme : The need to influence behaviour is paramount and ongoing. Future work will focus around projects and events as they come on stream. Roll forward.
8.5 Climate care award : Taken forward as part of successful Civic Award Scheme. It is proposed this will be carried forward when the awards are run again in 2010.
8
Climate Change Work Programme/Progress Report 2007/08 Appendix 2
Task Lead Officer/ Work needed Timetable On target Recourses/Problems Outcome Others Buildings New build to higher MB. Input from Policies within Include in Core Yes 50 EcoHome Train DC staff in eco-standard DC and GCH LDF. On-going strategy of LDF. V good being negotiating Code for negotiation March 2008 built. Sustainable Homes Train Building MB, Phil Intensive training Ongoing Yes Staffing issues. Control staff in Harbron needed Sustainable Homes and BREEAM Lighting Strategy to Matt Haslam Strategy to Yes encourage less cabinet briefing wastage Green Burials MB, Julienne Site identified. Site done. Leaflet Yes Chris Keeling. Sam 59 Kg CO2 saved per Reeves Service to publicise. End Linwood. Other work burial. Page 31 publicised 2007 being carried out 16.1Kg Carbon saved per regarding cremator burial. efficiency Publicise Energy SM Main buildings to April 2008 Yes On target though Gvt 181 Kg CO2 reduction Usage have energy guidance is not yet 2004-2007 usage publicised agreed. May need to set 49.4 Kg Carbon reduction aside funding for 2004-2007 accreditation Solar Hot water SM GCH. Sites need to be Ongoing 2 houses done Funding needs to be Systems on GCH Severn Wye identified and 10 to go sought from Low Carbon housing stock Energy grants obtained buildings programme Agency Combined Heat and Building Installed ongoing Done Yes None. Energy efficiency and power for GL1 design monitoring significant fuel savings. services Solar Hot water on MB Building Site feasibility April 2008 Initial site not Funding. Grant Council Building design studies needed looking applications. Feasibility services promising, need work to explore further sites
1
Task Lead Officer/ Work needed Timetable On target Recourses/Problems Outcome Others Energy Champions SM Set up ongoing, Ongoing Yes Small scale funding recruitment training and motivation Heat Candid MB Identify sites. Jan 2008 Yes Heat Camera programme Camera Publicity to interpret results
Low Carbon Depot Peter Negotiation with April 2008 Yes Funding constraints may Goodland MB. provider, reduce specification. Streetcare Enterprise Need to ensure outside funding utilised. Reduce CO2 SM MB. Projects above 2010 Yes On going funding and emissions from, Energy plus continual management support buildings by 20% Management improvement
group Page 32 Transport Investigate the MB CBC Develop policy April 2008 Yes CBC & Airport Carbon Footprint of with CBC and Management Glos Airport Airport management. Focus on monitoring Removal of Bottled MB Building Done Done Yes water fountains from design Docks offices services Revision of Travel SM Travel plan New plan to be April 2008 Yes Green travel plan working Plan working party drafted and staff group support New Bus Station MT Property and markets, GUHRC Alternative Fuels for SM Enterprise Negotiate with Need to focus on Contactors fleet Enterprise efficiency rather than fuels
2
Task Lead Officer/ Work needed Timetable On target Recourses/Problems Outcome Others Car Club SM Vision 21. Negotiate sec End 2010 Yes Staff resources to set up 106. Work with programme. Need to partner to provide ensure long-term service sustainability of proposal. Ensure partners and SM Need to bring in Partners may have other contractor adopt partners to priorities. Need to bring green travel plans process them into the process Waste Work with County MB/SM Liaise with On-going Yes Officer time Council on County Composting technologies Introduce alternative MB/SM Work with April 2008 Yes Officer time weekly collection of Enterprise Enterprise
residual waste Streetcare Page 33 Expand green waste MB/SM Work with April 2008 Yes Officer time collection Enterprise Enterprise Streetcare Biomass Boiler See renewable energy Climate Friendly MB/SM Peter MB/SM to sit on Done Yes Post currently vacant. Purchasing Roberts procurement boards. PR to attend Energy Man group Water Resources Water efficient MB LDF team Polices within Include in core Yes Officer time Planning Policies LDF on-going strategy of LDF negotiation Mar 2008 Water Harvesting on MB The Crem Crem done. April 2008 Yes Officer time. Council buildings Countryside Robinswood Unit Done
3
Task Lead Officer/ Work needed Timetable On target Recourses/Problems Outcome Others Water butts for all MB/SM Severn Liaise with Begin by April Yes Severn Trent have had Trent Severn Trent and 2008 other priorities of late. agree funding Target 2010 package Renewable Energy Modify LDF policies MB LDF team Work with LDF Part of core Yes Officer time to encourage team to ensure strategy by Mar renwables polices included 2008 Train BC staff to MB Building BC staff to attend April 2008 No BC under Need to pursue when BC carry out energy control training staffed capacity available assessments Tidal barrage stance MB E&E Report to cabinet November 2008 Yes E&E done. Sec State Forum E&E meeting announced funding so no
need for report Page 34 Alney Island Wind MB Alney 5kw proposal Nov 07 5kw 2010 5 kw slipped 2 225kw productive talks Turbine Contact Group commissioned 225kw months 225kw with Ecotricity they will 225kw talk to will need provider provide turbine, we energy providers on board provide land Wind turbines for MB SM Glos Work with End 2008 Yes Building mounted public buildings County Energy schools and other 5 schools turbines may not be man gp public bodies currently appropriate. Need to Schools expressed focus on small pole interest and have mounted on good sites. been assessed by providers Biomass Boiler MB. SWEA, Work with Depot End 2008 Yes Depot now supplying Enterprise, architects and wood chip though Streetcare other building architects may suggest designers ground source heat pump. Hydro Power at MB BW Glos Funding partners 2010 Yes Looking positive. New Llanthony county now signed up. owners of site are Consultants supportive. Funding next appointed more detailed engineering study.
4
Task Lead Officer/ Work needed Timetable On target Recourses/Problems Outcome Others Biodiversity Protection of N S MB LDF team Include polices Nov 2007 Yes Done Corridor for species within emerging migration LDF Planting MB Justin Research and Nov 2007 Yes Done programmes for City Hobbs draw up climate Trees tolerant palate of trees Severnside regional MB Work with An ambitious No Project may be better Park Severnside partners and project which taken forward by GWT as project GWT seek funding may be eclipsed ‘Severn Vale Highway by similar GWT Project. Sevenside project funding vulnerable beyond April 2008. Need
to tie into green Page 35 infrastructure debate Water for Wetland MB LDF DC Write into briefs April 08 Yes Officer time. negotiate with developers Background MB LDF Work with Done Yes Done for Summer Biodiversity Streetcare Streetcare and bedding 2008 Enterprise Enterprise to ensure wildlife friendly bedding Adaptation Flooding policies in MB LDF Polices within Include in Core Yes Officer time LDF LDF strategy Mar 2008 Lobby EA on MB Streetcare Communicate Nov 07 Yes Officer time managed retreat Chief exec support of managed retreat to EA Free Trees MB JH tree Work up free tree Dec 07 Yes Funding for future years wardens scheme
5
Task Lead Officer/ Work needed Timetable On target Recourses/Problems Outcome Others Green buildings MB Energy Asses own April 2008 Private stock and Officer time. management building stock. LDF Yes. Own gp Property Insert LDF stock unsure services LDF policies Negotiate with developers Delivery Set up a Steering SM Done meets in Done group of officers tandem with asset management group Set up a twice SM Need to re- Nov 07 Yes Officer time yearly Stakeholder convene
Group stakeholder Page 36 group Update strategy on MB SM On-going work to On going Yes Officer time an annual basis update strategy Communication MB SM Work with On going In part Officer time programme Marcus marketing team to come with ongoing programme Climate Care Award MB SM Build on April 08 No More work needs to be Marcus successful Civic done trust award
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Gloucester City Council
APPENDIX 3
July 2007 2008 to 2010
Gloucester City
Climate Change Strategy
Text with a line through it is proposed
for deletion Text in bold and italics is
proposed for addition
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CONTENTS
FOREWORD
INTRODUCTION
Section 1
1.0 What is Climate Change? 1.1 How do we Contribute to Climate Change? 1.2 Why Have a Strategy? 1.3 Gloucester City Council’s Commitment to Climate Change 1.4 Objectives
Section 2
2.0 What are we already doing and what else are we going to do? 2.1 Buildings 2.2 Transport 2.3 Waste 2.4 Water Resources 2.5 Renewable Energy 2.6 Biodiversity 2.7 Adaptation
Section 3
3.0 How will we deliver? 3.1 Funding 3.2 What is not measured cannot be controlled 3.3 Raising awareness 3.4 Conclusion
ACTION PLAN
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FOREWORD
By Leader of the Council - Councillor Paul James and Cabinet Member for Environment - Councillor Steve Morgan
Climate Change is a global problem, tackling it however begins closer to home. We all have a responsibility to do this whether it be switching off appliances, thinking about our purchasing choices or recycling our waste material. This document sets out how Gloucester City Council intends to act so we impact upon the climate less and start to adapt to a climate-changed world.
Aware that strategies are all to often a collection of words that gather dust, this strategy has a series of actions and detailed projects at its core. It also sets up processes and procedures that will make these happen.
I believe most of us are humbled by the challenge of climate change, however, that should not put us off action, as only by action at every level at home, at school, at work, at local, national and international level can we prevent the worst effects of Climate Change. We all have a duty to act and I hope this strategy shows how we intend to play our part and hopefully inspire others to play theirs.
This is the second iteration of the strategy. A lot has happened over the past 12 months, not least the weather events of last summer. This updated strategy will ensure we are equipped to adapt to a climate changed world and do our utmost to reduce climate damaging emissions
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INTRODUCTION
Gloucester City’s Climate Change Strategy will raise awareness of the causes and effects of climate change. It will also set out to explain how climate change will affect Gloucester City and identify a number of actions that can be taken to reduce the impacts of these changes that will occur over the coming years. There will be three main areas for action within the Strategy, these are how we 1) Manage our Own Estate , 2) how we act as a Service Provider and 3) how we act as a Community Leader . The strategy’s action plan will address how Gloucester City Council can act in each of these different roles in addressing climate change. There are two main types of action within the Strategy: Mitigation Actions that reduce the emissions that cause climate change and Adaptation Actions that are changes that will be needed to respond to the effects of climate change. Given the events of last summer and the realisation that the effects of climate change are impacting upon us now more emphasis has been placed on adaptation in the current iteration of the strategy Funding has been identified and more will be sought to develop a number of high profile projects to address both of these areas.
This The original strategy was adopted by the City Council’s Cabinet in July 2007, however it and will be reviewed annually (the first review was adopted in July 2008) so please send any comments and suggestions you may have to Policy Design and Conservation. Herbert Warehouse, The Docks, Gloucester. GL1 2EQ. Email [email protected] If you want an informal chat then speak to Meyrick Brentnall on 01452 396829 or Stephen McDonnell on 01452 396209. .
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Section 1
1.0 What is Climate Change?
Climate Change as addressed in this strategy is defined as the gradual increase in the world’s temperature that is caused by human activity. This warming of the planet is caused by the increase in the concentration of greenhouse gases. These gases when in the atmosphere let through visible light from the sun but trap outward radiating infrared, this results in temperature increase similar to the effects within a greenhouse. The main non-natural source of these gases is in combustion processes using fossil fuels such as coal, oil and gas.
Carbon dioxide is the predominant greenhouse gas others include:-
• Methane • Nitrous oxide • Hydrofluorocarbons • Perfluorocarbons • Sulphur hexafluoride
The international scientific establishment now accepts that the process of Climate Change is underway as global temperature graphs have been able to show a steady increase in the world’s temperature, since the 1920’s when measurements began.
Some Carbon dioxide emissions also occur naturally from respiration in animals and other natural processes, however, 95% of the worlds Carbon dioxide emissions arise from the consumption of energy through the burning of fossil fuels.
The most likely results of climate change in Gloucester over the next century will be:-
• Winters up to 30% wetter • Flooding up to five times more frequent • Droughts as often as once every three years • Worsening summer air pollution. • More storms and gales and the resulting damage to property. • Loss of wildlife habitats and species. • Social unrest through increased migration. • Higher average temperatures will create a greater need for cooling in offices and homes along with a higher probability of extreme temperatures that could threaten the health of many people. • Drier summers, that will put a greater strain on water resources and wildlife and put pressure on farmers to diversify crops. • Rising sea levels that will lead to more coastal erosion and a greater risk of flooding. • Increased heat stress to the elderly and infirm (the 2003 heat wave in France killed 14500 people). The weather conditions causing such events will become very frequent.
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Flash floods and increased storm water surges on the River Severn could make the rare flood events such as those experienced in 1947 and 2000 and 2007 more frequent. Strong winds and flash floods due to heavy downpours will lead to an increasing risk of damage. Long periods of drought can cause subsidence, damaging property for homeowners and other organisations. Loss of wild life habitats will occur and some species may not survive in the changing climate. There will also be effects on human health with higher summer temperatures.
1.1 How does Gloucester Contribute to climate change?
Most human activity involves the use of energy either directly in the form of vehicle fuel for travel, or indirectly in the consumption of goods, food and enjoying leisure pursuits. The combustion of energy to do all these activities produces the gases that are contributing to Climate Change. Carbon dioxide locked up in fossil fuels is released during the combustion process creating the increase in carbon dioxide in the atmosphere. This equates to 2.5 tonnes of Carbon dioxide per resident per year in Gloucester (Source defra 2006) If industrial and road transport emissions are included this figure rises to 5.9 tonnes per resident or a massive 653,000 tonnes per year for the city as a whole. This carbon dioxide adds to the greenhouse effect within the earth’s atmosphere that is the main cause of climate change. (This calculation does not include emissions from international air travel).
1.2 Why have a Strategy?
All main political parties are now in agreement that Climate Change is a serious problem that needs to be addressed. If action is not taken now future generations will experience severe consequences such as rising sea levels and extreme weather conditions. In 1997 the Government signed The Kyoto Protocol (and the subsequent Bali roadmap) which acknowledged the problem of Climate Change and committed the United Kingdom to reducing its carbon dioxide emissions by 12.5% by 2012. More recently the 2006 Stern Report gives added impetus to the issue as did the weather events of last summer . This economic assessment of climate change describes it as the greatest and widest ranging market failure ever seen and unequivocally makes a financial argument for action. At a regional level the South West Regional Planning Guidance commits local authorities, energy suppliers and other agencies to a 20% reduction of Carbon dioxide emissions by 2010 and production of at least 11% of electricity from renewable energy sources by 2010. A sub regional target has also been set to generate between 40-50MegaWatts of electricity from renewable resources compared with the current 9MegaWatts being generated.
In June 2001 Gloucester City Council signed the Nottingham declaration, this gives a commitment to address Climate Change at a local level. To achieve these ambitious targets we need a local Strategy to co-ordinate and promote activity within the Council and across the City as a whole.
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1.3 Gloucester City Council’s Commitment
Climate Change Policy Statement
Gloucester City Council will work in managing its estate, as a service provider and in a community leadership role to manage the activities within the city that contribute towards climate change. It will also prepare and put in place measures to reduce the harmful effects of climate change to enable a process of adaptation to occur over time.
1.4 Objectives
• To increase public awareness of Climate Change, and of what people and the organisations they represent can do to lessen their impacts upon the climate and how they can adapt to a changed climate.
• To maximize the reduction in greenhouse gas emissions over the strategy period and where possible exceed government and regional targets.
• To increase the amount of electricity that is generated in Gloucester from low carbon or renewable sources to a minimum of 11% by 2010 in line with Regional Planning Guidance for the South West.
• To enable Gloucester, its citizens and biodiversity to adapt to the changes brought about by climate change to ensure the maintenance of a high quality of life.
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Section 2
2.0 What are we already doing and what are we going to do?
This part of the strategy details what activities the City Council is already doing to address climate change and what it intends to do in the future. It also gives an indication as to what the general public can do to reduce their carbon footprint and adapt to a climate changed world. As well as policy changes it sets out specific projects that will either reduce emissions or help us adapt to a warmer world. It is recognized that these projects alone will not significantly change matters, however, we are hopeful they will provide inspiration and guidance for others to follow. In setting out this section we have categorised main areas of work under the following headings; Buildings, Transport, Waste, Water Resources, Renewable Energy, Biodiversity and Adaptation . Many of these issues are of course inter-related.
2.1 Buildings
2.1.1 Issues
The energy we use in our buildings accounts for almost half of all man made carbon dioxide emissions. A quarter of our emissions come from our homes, the rest are down to offices and factories. There are a number of polices and procedures in place at a national level that try to tackle this issue including Building Regulations, The Home Energy Conservation Act and planning policy. Although Carbon Dioxide emissions from homes, offices and factories are generally stable, or even falling due in part to the above policies, electricity consumption in UK homes has increased by 25% over the period from 1990-2005. So even though appliances are as a rule more energy efficient we are using more gadgets for longer and for activities like home computing that were very unusual five or ten years ago.
2.1.2 What are we already doing?
• We support a number of initiatives at the local level including the Gloucestershire Energy Efficiency Advice Centre, the Affordable Warmth Strategy for the County, the Warm and Well Scheme, Warm Front as well as other utility funded schemes.
• We work with Gloucester City Homes and other social housing providers to ensure that high standards of energy efficiency are included in repair refurbishment and the development of new homes.
• We have adopted an Energy Management Strategy that has set ambitious targets to reduce CO 2 emissions in Council buildings.
• We currently buy all our electricity from a provider who uses a combined heat and power that is considered environmentally friendly as it has CO2 emissions 30% lower than the national average and is climate change levy exempt.
• We use the Local Plan and Local Development Framework (LDF) to ensure that new developments are built to high standards of energy efficiency and where appropriate utilise renewable energy.
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• Building Control Officers actively encourage builders to exceed minimum standards and frequently achieve significant improvements especially where long term financial savings can be shown.
2.1.3 What are we going to do?
We will use our role as housing authority to ensure Social housing providers minimise emissions in their developments through natural solar gain and heat storage techniques.
We will also encourage more new build homes in Gloucester to be built to the EcoHomes standard. (The EcoHomes the Government’s code for Sustainable Homes standard ( this requires developers to build to a higher standard than minimum legal requirement). Similarly we will encourage more commercial developments to conform to the BREEAM standard (Building Research Establishment Environmental Assessment Method - the commercial equivalent of EcoHomes ). One of the main barriers to implementing EcoHomes The Code for Sustainable Homes and BREEAM is the lack of qualified assessors. We will therefore train our building control staff to become EcoHome accredited assessor s so they can advise developers and our development control staff.
We will ensure that LDF policies encourage the implementation of CHP and other low carbon generation technologies in new development
A significant amount of energy is wasted lighting commercial premises. Although we have no formal control over this issue, through the Lighting Strategy we will endeavour to work with building owners and tenants to reduce their night time energy needs
With regard to our own stock we will ensure that they are as efficient as practicably possible, and managed in a manner that reduces Carbon dioxide emissions.
Gloucester Crematorium is a particularly energy hungry facility. Although a very sensitive issue we will explore the potential for expanding our Green Burials service as an alternative to cremati on. As well as requiring little energy Green Burials are marked by the planting of a tree and therefore lead to carbon being ‘soaked up’ as it grows (see adaptation below) We have been encouraging more carbon friendly burials such as woodland burials, however, cremation will for the foreseeable future be the preferred choice for many. We will work therefore, to make this process as low carbon as possible .
We will also ensure that the energy usage of each building is publicised in a prominent place so the public can hold us to account.
2.1.4 Projects
2.1.4(i) Solar Hot Water for Social Housing
We will continue to work with social housing providers principally Gloucester City Homes, to install Solar Hot water systems on their housing stock. We will grant aid the installation of this technology and monitor the results. For large
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families especially, this can provide significant financial savings and reduce CO 2 emissions.
2.1.4(ii) Solar Hot water for all
The Governments grant scheme for solar hot water is the Low Carbon building Programme. In partnership with the County Council and the Severn and Wye Energy Agency we will further fund this scheme to make it more accessible to the general public.
2.1.4(ii) Combined Heat and Power for GL1
We will install a Combined Heat and Power plant at the leisure centre. This generates electricity by burning gas but uses the waste energy to provide the centres heating needs. This is an exceedingly efficient use of gas and will result in significant CO 2 savings.
2.1.4(iii) Solar Hot Water for a Council Building
We will look seriously at a Solar Hot Water system on a Council building. There are practical and planning issues that need to be overcome on some of our older buildings and on some there will be difficulty of accessing the roof. Whatever we will do our utmost to ensure this mature technology is thoroughly explored .
2.1.4(iv) Energy Champions
Energy Champions are employees who take responsibility for the energy used within a defined area of workspace. We have already piloted energy champions within the City Council. We intend to build on this work and extend the support given to the champions. We will also look to roll out the project to other large organizations in the City in partnership with the Severn Wye Energy Agency.
2.1.4(v) Heat Candid Camera
Our Building Control Service has access to a thermal imaging camera. This shows graphically the energy performance of buildings, and an exercise was carried out to monitor non compliance of new housing stock over the winter. to raise the profile of non -compliance of new buildings , Although only a handful of substandard properties were found, it proved very useful and we will use the camera to do more work this coming winter . we wi ll use the Camera on a number of new properties, and publish the results. If successful we will look into repeating the process .
2.1.4(vi) Low Carbon Depot
The commissioning of a new depot at Eastern Avenue provides the City Council with an ideal o pportunity to build an exemplar building. As well as reducing the buildings carbon footprint we will ensure that rainwater is harvested and other climate care issues are taken on board. We will invest significant extra
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funding in to this building and make it available for schools and other organizations to use as an educational resource to raise awareness of recycling and waste management . Planning consent has been awarded for a new depot at Eastern Avenue. Although a design and build contract we will ensure that some innovative measures are in place to ensure that it generates at least some of its energy on site though renewable or low carbon means. We shall also ensure that some of the rain water on site is collected for non-potable uses, and that surface water generally is managed properly on the site through a sustainable urban drainage system.
2.1.5 Targets
Be responsible for at least 10 new solar thermal collectors in the City by 2008.
By 2008 through the planning system be responsible for at least 50 houses built each year to the Code for Sustainable Homes level 3 EcoHomes standard ‘Very Good’ or better.
Through the planning system be responsible for at least 1 commercial building a year being built to BREEAM standard of ‘Very Good’ or better.
Reduce CO2 emissions from principal buildings owned by the City Council by 20% to the year 2010.
To increase the number of homes with improvements made to heating systems and improved thermal comfort. To increase measures installed through Gloucestershire warm and well scheme by 500 per year for next 3 years in line with Local Area Agreement Targets.
2.1.6 What you can do
For home owners the advice is insulate, insulate, insulate! It will save you money and reduce CO2 (you may be eligible for a grant see Gloucestershire Energy Efficiency Advice Centre). Similarly, buying energy efficient light bulbs will save you money over the lifetime of the appliance and reduce CO2. Switch off all appliances when not in use and always buy ‘A’ rated goods such as fridges and washing machines. They may cost more but they will pay you back in the long run. Choose your electricity generator/supplier carefully and ask if their green tariff supports new low carbon installations.. For more information on all of the above speak to Gloucestershire Energy Advice Centre on 0800 512012 – its free.
For business similar advice applies. For large organisations set up an energy champions network (Severn Wye Energy Agency 01594 545360) can provide advice) you may be able to save significant energy and money on any industrial processes you are involved with. See Severn Wye Energy Advice Agency for information or contact us here at the City Council.
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2.2 Transport
2.2.1 Issues
Transport accounts for almost a third of the total United Kingdom CO2 emissions. 93% of these are as a result of road transport. The simplest way of reducing the level of transport related emissions is by travelling less. If we need to travel then we should try and walk, cycle or use public transport. Other ideas such as car share and car clubs can also help to reduce car use.
Most journeys are actually quite short, indeed the Quedgeley Travel Smart Project 2001/02 found that 28% of all car trips were less than 3km in length and 7% were shorter than 1km. The most recent Travel Smart programme in Barton and Tredworth 2006 saw a reduction in car use of 13%. There is great potential therefore for changing a large number of shorter car journeys to walking, cycling or public transport. Gloucester City Council, colleges, schools, companies and other organisations can all help make this happen. The use of travel plans within organisations to encourage travel by walking, cycle and public transport has been shown to make a real difference.
As an organisation we need to show a lead on this issue and work harder with staff to tackle the problem of single car occupancy travel to work.
A third of all transport related greenhouse gas emissions are due to freight. As the real costs of transporting goods around the world has dropped we have been able to source even perishable goods from far- flung places of the globe. Farmers markets and local purchasing polices can cut this, and provide local economic benefits as well.
Air transport is one of the most rapidly expanding sources of greenhouse gases. Although this is something we generally have little control over as joint owners of Gloucestershire Airport with Cheltenham Borough we have a responsibility therefore to understand better the Carbon Dioxide emissions associated with its use.
In partnership with the County Council a number of transport projects are being developed that should assist in reducing transport borne emissions, for example, improving the reliability and quality of bus services and improving the interchanges such as Gloucester Bus station. At an international level the European Union and the United Kingdom government have requested that car manufacturers reduce Carbon dioxide emissions from new vehicles by 25% from 1995 levels by 2008. It also appears that tough mandatory targets will be set shortly. Other measures such as changes to car tax bands and changes to taxation of company cars are all aimed at encouraging cleaner vehicles.
In Gloucester car ownership is slightly less that the South West as a whole with 24% of Households having no vehicle at all.
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2.2.2 What are we doing?
• We are creating We are working with Gloucestershire Highways in order to create better cycle paths and reducing traffic speeds in the urban area with homes zones and other measures such as Safer City. • We promote the adoption of travel plans by schools, businesses and other organisations both as a voluntary measure and as a planning condition on new developments to encourage modal shift. We are also implementing our own travel plan. • Gloucester City Council adopted a Green Travel Plan in 2001 and has encouraged staff and the public to access all its sites by more sustainable modes of transport. • We helped set up and continue to support the Farmers’ Market in Gloucester.
2.2.3 What are we going to do?
We will continue to work with Gloucestershire Highways and the bus companies to develop the bus quality partnership along with Gloucestershire County Counci l to improve local services. We will support the building of a new Public Transport Interchange at Elmbridge that connects to the rest of the City through improved public transport links. We will also support new Park and Ride facilities on the west of the City.
We will use the development opportunities promoted by the Gloucester Heritage Urban Regeneration Company and the Gloucester Quays Project to develop better walking and cycling links in the City core.
We will seek, with other partner s, to develop a further Individualised Travel Marketing Programme to encourage the use of walking, cycling ,car sharing and public transport as an alternative to the car.
In partnership with Cheltenham Borough and the airport management we will look at the carbon footprint of Gloucestershire Airport. Once a baseline can be established we will work to set a carbon ceiling on the airports aviation operations and look at how this is to be reduced. The 2 councils will also work with the airport management to reduce the carbon footprint of the ground operations including travel to and from the facility to see if the site can be managed with fewer emissions and to ensure that if decisions are made on its long term future it’s carbon budget is a factor consider ed
We will remove the bottled water fountains from the Docks offices and have them replaced by mains water dispensers.
We will revise and update our travel plan, in doing so we will work with staff to ensure that plans and procedures are in place that allow for more ambitious targets to be set for reducing single occupancy car travel to work.
(Gloucestershire County Council is the highways authority with responsibility for Transport planning and infrastructure in Gloucester)
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2.2.4 Projects
2.2.4(i) New bus station
We will develop a new bus station to replace the existing one and make it into a more integrated transport exchange facility.
2.2.4(ii) Alternative fuels for City Council Contractors Fleet
We will encourage our partners a nd contractors to implement fuel management systems to save energy and where appropriate adopt the use of alternative fuels.
Electric Car We will purchase or lease a low carbon electric car to be used by Staff for site visits within the City
2.2.4(iii) Car Club
Car clubs allow residents the benefits of occasional car use without the cost and environmental problems associated with car ownership. Essentially you book a car and only use it when you need to.
We will work with Vision 21 (they run the Stroud Car Club) and/or other providers in an enabling role to set up a Car Club in Gloucester using contributions (Section 106 monies) from development. We will ensure that planning policies enable continued expansion of this facility.
2.2.5 Targets
To reduce the percentage of Central Severn Vale residents travelling to work by car (single occupancy) mode to less than 50% by 2011 (Gloucestershire Local Transport Plan 2006 Target).
To ensure all partners and contractors adopt green travel plans and fleet management programmes by the end of the strategy period 2010.
To set up a commercially viable car club by the year 2010.
To have an electric pool car operating in the city by the end of 2008
2.2.6 What can you do?
Walk, cycle or take public transport whenever possible. Encourage your employer to adopt climate friendly work practices and polices, for example, car sharing or home working. Don’t fly if you can take the train, short haul is often the most polluting per km flown. If you buy a car see how fuel efficient it is.
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2.3 Waste
2.3.1 Issues
When biodegradable waste breaks down in a landfill site it gives off gas, which consists of up to 65% methane and 35% carbon dioxide. Methane is a particularly powerful greenhouse gas, which means that waste and how it is disposed of is a serious climate care issue. Another important reason for recycling waste is to conserve energy. Using recycled material in the production of new goods is far more energy efficient compared to using raw materials. For example, recycling an aluminium can saves 95% of the energy that would have been required to make a can from virgin material.
In 2004 methane accounted for about 8% of the UK’s greenhouse gas emissions. Of which landfill was the predominant contributor.
Gloucester City Council and other ‘District’ Councils are the waste collection authorities; Gloucestershire County Council is the waste Disposal Authority. All are working together though the County Waste Management Partnership.
2.3.2 What are we doing?
• We have developed a citywide kerbside recycling scheme and green waste collections for 44,000 26,000 households. This is composted in a manner that does not emit methane. • We promote the ‘reduce, reuse and recycle’ message through schools and to the public. • We are increasing the quantity of materials collected for recycling by running a citywide area-marketing programme. • We recycle office paper from our office buildings • We have established a commercial glass re-cycling collection.
2.3.3 What are we going to do?
• In partnership with the County Council and other Districts in the County we will support the study of various composting technologies as a sustainable means of dealing with green and kitchen waste. Some processes such as anaerobic digestion produce methane, which can then be used as a substitute for fossil fuel. • We will introduce an alternate weekly collection of residual waste and thus increase the incentive to recycle. • We will expand the green waste collections to all homes with gardens . • We will look again at our procurement policies to ensure that where possible we buy products made from recycled goods.
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2.3.4 Projects
2.3.4(i) Biomass Boiler
Using waste arising from the parks contract for wood fuel (see renewable energ y).
2.3.4(ii) Climate Friendly Purchasing
We will take the opportunity to update our purchasing policies when the new Procurement Strategy is published in Spring 2007. 2008-2009 The policies will ensure that more recycled and climate friendly products are purchased. On large procurement decisions we will ensure that an officer with an understanding of climate change and sustainability sits on the Project Board and can therefore influence the tendering process.
2.3.4 (iii) Food waste disposal Units
Working with Severn Trent we will explore the viability of food waste disposal units in kitchen sinks for new developments of flats and homes with small gardens
2.3.4 (iv) Recycle at work
We will ensure that staff at the docks have facilities available to them to recycle cans, glass and other materials in the office.
2.3.5 Targets
To recover value from 45% of municipal waste by 2010.
To recycle or compost at least 50% of household waste by 2010.
2.3.6 What can you do?
Re-cycle at home but don’t forget work. Commercial waste accounts for the majority of waste that is landfilled.
Compost your garden and kitchen waste. Even if you have a garden waste collection, compost what you can.
Buy recycled goods. If there is no market for recycled material the loop is broken and more material goes to landfill. Check on the packaging to see if it is made from recycled material (look for the recycled logo)
2.4 Water Resources
2.4.1 Issues
It is predicted that rainfall in Gloucestershire will reduce by up to 13% by the year 2080. Worryingly it is thought that more of it will fall in winter causing flooding and less in summer leading to droughts. This will have significant consequences for water security and the sort of problems
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experienced on an almost annual basis in the South East of England will be common place in Gloucester.
Water is our most precious resource and its profligate use needs to be addressed. Although Gloucester City Council is not responsible for the provision of water supply, it supports the work of the Environment Agency and Severn Trent Water in their efforts to improve efficiency and reduce leakage. It also supports their work in encouraging careful water use by households , businesses and other organisations.
Rainwater can of course be harvested and be employed for non-potable uses such as watering the garden or flushing the loo. Grey water (waste water from washing) can similarly be harvested and used in the same manner.
2.4.2 What are we doing?
Through the promotion of Sustainable Urban Drainage Systems (see Adaptation) we require water butts to be fitted to new dwellings. As well as reducing surface water run-off they provide a water source for gardens instead of using mains water.
• We have promoted one-day sales of water butts to conserve water. • Installed water free urinals in council offices • Undertaken water audits of council buildings to target areas of waste.
2.4.3 What are we going to do?
We need to work harder with developers both for housing and commercial development to address water use. Retro fitting buildings is seldom economic, but implementing water saving and harvesting techniques such as grey water recycling in new build can pay for itself. We will adopt planning policies therefore, that encourage sensible use of water and, where appropriate, water harvesting and recycling. (See also low carbon depot 2.1.4 (vi).
2.4.4 Projects
2.4.4(i) Water harvesting on Council Buildings
We will have installed a rainwater harvesting systems at the Crematorium and Robinswood Farm. We will investigate other buildings where this simple technology can be applied. where rainwater from the roof areas will be collected into large tanks and used to replace mains potable water.
2.4.4(ii) Water butts for all
We will fund and develop a project with Severn Trent and the Environment Agency to enable householders in Gloucester to access cheap water butts.
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2.4.5 Targets
50% of new dwellings with gardens to be equipped with rainwater butts.
At least one exemplar more water harvesting system to be implemented in the City by 2010.
Reduce the water usage in principal Council Buildings by 5% by 2010 from a 2005 baseline.
Be responsible for at least 500 water butts being sold at reduced rates to members of the public in Gloucester by 2010.
2.4.6 What you can do
If you can, fit a water butt. If you are not on a water meter think about changing. If you are a small household you may actually save money, cost is a big incentive and you and future householders will inevitably use less water. Do not fit water-wasting devices such as power showers. Buy appliances that use less water (dishwashers vary significantly in the amount of water they use). If you have old fashioned cistern think about re-fitting or place devices like a ‘Hippo’ (See Severn Trent) in them. Wash the car with a bucket and sponge not a hose. Use bath water on the garden
At work fit water saving urinals and or water control methods. Consider harvesting water from roof spaces and any water intensive industrial processes. The Environment Agency can help see www.environment- agency.gov.uk . 08708 506506 See also Severn Trent www.stwater.co.uk 08007 834444 . Or talk to us.
2.5 Renewable Energy
2.5.1 Issues
Renewable energy is energy produced from sources that do not use up finite resources such as fossil fuels like coal, oil or gas. The most commonly understood forms of renewable energy are water, wind and solar. Less known are ground source heat (actually solar) geothermal, wave power, tidal power, biomass, biogas and landfill gas. Some of these are applicable to Gloucester, some like Wave power are obviously not. Of all UK renewable energy produced Hydro electric generation is highest with 29%, followed by Landfill gas 25%, and wind power 17% Solar photovoltaics contribute 0.03%. At present just 4.2% of total UK electrical generation is renewable. At a County level just over 9 megawatts is produced through renewable means (enough to power about 9000 houses), as it happens over half of this is produced in Gloucester (Hempsted Landfill gas, Severn Trent biogas and Oxstalls Campus photovoltaic roof). We have the potential to build on this and become the renewable powerhouse of the County – not only would we reduce our CO2 contribution, but provide local jobs and prevent significant leakage of money out of the local economy.
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Nuclear energy (Fission) is not considered renewable. As a plant will not get built within or near the administrative area of Gloucester it is not considered relevant for this strategy. It is recognized however, that it is a low carbon technology albeit with disposal problems and a significant employer within the City. British Energy is involved in the Wind farm proposal at Lewis recently turned down by the Scottish Government . also currently developing a major renewable energy project on the Island of Lewis, this will involve the construction of 181 wind turbines which will have a generating capacity of 651.6 megawatts of electricity.
2.5.2 What are we doing?
Gloucester City Council has committed itself to support the development of renewable energy installations within the city and purchases all its electricity from renewable sources. We have signed up to the Gloucestershire Renewable Energy Action Plan and through the ‘Community Renewables Initiative’ helped set up ‘Gloucestershire Wood Fuels’ a ‘not for profit’ company dedicated to supplying wood chip for biomass boilers. Wood waste from our streetcare partner is made in to fuel for biomass boilers .
Although we already have supportive planning policies this has not resulted in any plant being commissioned . The City Council has planning consent for a 15 kilowatt wind turbine on Alney Island but excessive grid connection costs has meant this project has to date not been implemented. A 5kw turbine has, however, been constructed and ‘plugged in’ to the lock cottages on Alney Island thus removing the need for an expensive grid connection.
2.5.3 What are we going to do?
The planning process has the potential to deliver a number of renewable energy projects. We need to look at how flexible the planning policies are so that developers are not put off investing in Gloucester. We also need to be aware that most buildings can generate a percentage of renewable energy on their roofs or as part of their developments generally. We will include policies within our forthcoming Local Development Framework that require developers to generate a percentage of their buildings energy needs from renewable sources or combined heat and power. Compliance with this policy is a big issue so we will therefore train our Building Control staff in energy assessment methodologies and purchase them the software that will allow them to carry out this important work.
A wider marketing and public awareness raising campaign will also be required to increase the take up of Solar Thermal water heaters and other low cost renewable energy installations. This has been done in other urban areas by running clubs, courses, seminars and exhibitions to show the public what is available. Working with other agencies and using Government grants such as the Low Carbon Buildings Programme that offers support to renewable installations, it is hoped that the number of installations in Gloucester City can be increased. See www.lowcarbonbuildings.org.uk for more details. There are also tough Local Area Agreement targets that if reached will enable the City Council and other agencies in the county to access reward grants allowing further installations to be funded.
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A tidal barrage across the Severn Estuary would produce and immense amount of renewable energy but would come with some significant environmental impacts. Tidal lagoons would be more benign but would not generate the amount of energy or mitigate flooding (a potential benefit of a barrage). Although well outside the administrative area of the City its impacts would be felt here. We intend therefore to seriously investigate the proposal and put forward a firm policy statement on this controversial issue. The Government has recently announced a 2 year feasibility study into the barrage and the City Council is a consultee on its work. We will play an active roll in this process and come to a formal position when the study reports.
2.5.4 Projects
2.5.4(i) Alney Island wind turbine.
Alney Island is the large, open, city council owned nature reserve to the west of the docks. Although not as windy as some upland areas it does have a good wind speed that could be considered commercial .We have installed will install a small scale (5 -15kw) 5 Kw wind turbine on the island, the energy will be sold to the national grid and used to pump more water on to the island .We will also look seriously at the prospect of a larger turbine on the island. This will have to be a commercial operation supported by an energy company. Consultation has shown an appetite for something around 30 metres in height but no more. Due to the current high demand for turbines this could not happen for at least 3 years. Discussions with suppliers have raised problems of locating large transformers in the flood plain. However we will still pursue this project as smaller 50kw models may (like the 5kw) be able to house transformers and other electrical equipment high up in the towe r.
2.5.4(ii) Wind turbines for Public Buildings School Grounds
We will develop a pro ject that offers small -scale wind turbines to schools and other public buildings as an educational resource and a functioning renewable energy generator. In particular we will work with the County Council to try and get a number installed in Schools so chi ldren can benefit from seeing this technology at first hand. Herbert Warehouse in the Docks is a good site as it is high and open. We will install a small 1 kw generator designed for domestic use, these are straightforward to install and will allow us to e valuate this sort of technology and its appropriateness for Gloucester. Listed building consent and planning permission will however be needed. The information gained from these small domestic sized turbines and larger (5 – 15 kw) models will be disseminat ed allowing residents, business and other organizations in the area to better understand the costs and benefits of wind power . Schools often have large open playing fields that make them ideal sites for wind turbines. Turbines are also seen by young people as iconic and provide a useful educational tool for the schools giving an insight into renewable energy, wind speed, direction etc. They can also provide a catalyst for further energy work around efficiency and
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insulation. We will work with schools therefore, providing expertise on grants, planning permission and other technical/bureaucratic aspects of installing a turbine. We hope to help at least 3 schools. The information gained from these small domestic sized turbines will be disseminated allowing residents and businesses to understand better the costs and benefits of wind power.
2.5.4(iii) Biomass Boiler
Gloucester City Council pays to have its tree prunings and other wood waste from its parks and streets taken away. This is a valuable carbon n eutral energy source that needs to be exploited. Biomass boilers are now sophisticated, fully automatic and well tested. We have already ensured that the new streetcare partner looks into this resource as part of their contract, Tree waste from, our partner is now used for biomass, though ideally we need to install a biomass boiler in one of our buildings or persuade someone else to do so. We will ensure therefore that before we commission new heating installations that biomass is thoroughly tested as a potential fuel, we will also work with partners to convince them as to the benefit of this sort of cheap carbon free energy.
2.5.4(iv) Hydro Power at Llanthony
There is a useful head of water at Llanthony Weir plus significant flow. Although this is los t in times of flood and high tides it still has the potential to generate useful amounts of carbon free energy. We will work with British Waterways and conduct a feasibility study into its potential. If proved positive we will work to implement such a sche me. We recently commissioned a feasibility study into the potential of Hydro power at Llanthony weir. The report was very positive, with potentially 1 mega watt of energy available. Although a complex project requiring both Llanthony and Maismore weir to be raised (temporarily with deflateable rubber extensions) we believe that given the energy available it is worth pursuing. Subject to no overriding objections from the Environment Agency we shall work with partners therefore, to investigate funding streams that can make this ambitious project a reality. This may include a requirement for developers to pay into to a fund as part of their on/near site renewable energy obligation.
2.5.4 (v) Photovoltaics (PV)
PV systems are expensive with long pay back times, as such they have been a low priority as money has been spent on more productive projects. The grant regime is however, looking better and there are some buildings where no other renewable technology can work. We will look again at this technology therefore and see if it is worth while on one of our buildings. As the leisure trust will be able to access more grant funding then one of their buildings could be a possibility.
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See also solar hot water for social housing
2.5.5 Targets
Installation of at least 3 small turbines by the end of 2008.
Install a turbine on Alney Island that has gained general acceptance by members of the public by 2010.
To be responsible for installation of at least one biomass boiler within the City by 2008.
To achieve 20 renewable energy installations per year on domestic, public sector and community buildings by 2010 in line with Local Area Agreement targets
2.5.6 What can I do?
Get involved in the consultation process on the Alney Island Turbine. Get involved in the planning process generally either through the Local Development Framework (that’s where the policies requiring on-site renewable energy appear) or in actual applications.
Solar hot water is probably the technology with the quickest pay back. It is also mature, reliable and tested. There are grants available which bring the price down and give pay back times of 5 years or so. (See www.lowcarbonbuildings.org.uk)
If you really want to go for it put up you own turbine (you may need planning permission so check first).
2.6 Biodiversity
2.6.1 Issues
The effects of climate change on the plants and animals in Gloucester and the surrounding countryside is there for all to see. Little Egrets (small white Herons), until recently a rare summer visitor from more southern climes, now breed close to the city. Anyone approaching middle age will all know from their own experiences that springs are earlier and autumns later. These effects are likely to become more apparent as climate change continues, with the expansion in the range of some species, local extinction of others, and habitat change becoming increasingly common.
Natural change has of course affected the world’s species for millions of years. However, the current rate of change is unprecedented and the ability of species to respond is compromised by man’s impact on the environment.
As the climate warms species will tend to drift north (or to higher altitudes), however, this ability is constrained by their mobility and availability of habitat. More importantly fragmented landscapes under intensive agriculture criss-crossed with roads and other impermeable man made barriers will make the northerly drift very difficult.
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Some habitats such as wetlands and beech woodlands will be particularly susceptible to changes in rainfall patterns, in particular drier, hotter summers as predicted for this part of the country.
Responses in the uncertain world of climate prediction are difficult, however, the past response to species loss of protecting a few cherished sites is clearly inappropriate. Larger areas need to be managed for nature conservation to allow adaptation to occur within them. More importantly landscape scale corridors need to be created especially with a north south orientation to ensure species can drift and spread to cooler areas as the temperature increases.
2.6.2 What are we doing?
The conservation of habitats and species in Gloucester, as elsewhere, is focussed around protected sites. These are often intensively managed often in order to protect a few important rare species. Some sites like Hucclecotte Hay meadows in Abbeymead (A Site of Special Scientific Interest) is surrounded by development, so any chance of species drift either in or out is limited. As well as managing these sites the City Council manages sites on behalf of, or in partnership with, other bodies. It also helps schools and community groups to understand wildlife and to create their own habitats in their neighbourhoods. On a landscape scale we have hosted the Severnside Countryside Management Project for the past 6 7 years. This has certainly had an impact on the wildlife value of the wetland and related habitats adjacent to the river Severn both in Gloucester City and in Stroud District. Planning Policy within Gloucester City restricts development in the corridor along the Severn specifically for the purpose of adapting to climate change.
2.6.3 What are we going to do?
We need to ensure that inappropriate management or development of habitat does not impair the north-south drift of species. The Severn corridor gives us a unique opportunity to exploit a natural north south corridor that is relatively free of development though often intensively farmed.
We need to look at management of certain habitats and pre-empt the changes resulting from climate change. For example, we will look at current wetlands to see if they can be artificially charged with water.
If biodiversity is to be more resilient and more capable of adapting to change, we have to ensure that species diversity is achieved across a wider area and not just at designated nature reserves. This will include making sure that the interconnectivity of habitats is taken into consideration.
The tree strategy identifies a schedule of trees appropriate to specific sites and areas within the city. We will thoroughly investigate the potential impact of climate change on urban trees in the Gloucester context and adopt a modified range of trees that will be more resilient to the effects of climate change. When discharging planning conditions for tree planting on new development, species appropriate to a climate-changed world will be specified.
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The Natural Environment and Rural Communities Act places a new duty on all public bodies to have regard (as far is consistent with proper exercise of their functions) to the purpose of conserving biodiversity. We will need to be aware of this duty as we discharge our duties across all levels of service.
Finally we will look at planting programme s especially for trees within Gloucester ensuring that species that can tolerate drier hotter summers predominate .
2.6.4 Projects
2.6.4(i) Severn side Regional Park . Severn Vale Biodiversity Project
A natural extension of the Severnside Countryside Management Project would be a regional park, similar to the successful River Nene Regional Park in Northamptonshire. This would focus around an area of the Severn floodplain broadly from Slimbridge to Tewkesbury. While this proved difficult to deliver, the wildlife trust has recently launched their Nature Map concept where habitat improvements are taken forward on a landscape scale. For the Sevenvale this has manifest itself in the Severnvale living landscape project. The 2 project officers work with landowners and other partners in a similar manner to the Severnside project but along the whole Severn Vale. The City council supports the Nature map and the living landscape project and will work with the project to achieve real landscape scale habitat improvements within the Vale .. The park would not have a statutory basis and would rely on marketing the concept to funders and existing stakeholders within the area. Funding would come from a myriad of sources including planning contributions and potentially landfill tax credits. Although access and landscape improvement would be a significant role of the Regional Park, biodiversity and wildlife management on a landscape scale would be paramount, in particular the maintenance of a strategic north south corrid or .
2.6.4(ii) Water for Wetland
It is predicted that wetlands will suffer from longer, drier, hotter summers. There are number of wetlands within the City. It is proposed that at least 2 are artificially charged with water. On Alney Island it is pro posed that water is pumped from the Severn onto the wetland reserve to keep it wetter for longer.
Run off from development can be treated through sustainable methods and used to artificially charge existing wetland. This will be achieved through negot iation with developers and will be related to a Sustainable Urban Drainage System (See section 8).
2.6.4(iii) Background Biodiversity
Urban areas are rich in wildlife and the City Council manages significant areas of land within the City. The new partnering arrangement with Enterprise and working practices at the
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Crematorium provides us with the ability to mange areas of public open space for biodiversity as well as amenity. We will work with Enterprise and the Crematorium to ensure that wildlife friendly mowing regimes are implemented in target areas. This will also help us discharge our duty with regard the NERC act . Accord provides a one -off opportunity to ensure that ground maintenance is in part carried out with biodiversity in mind. A specific output will be to ensure that bedding plants chosen for displays will be nectar rich and capable of supporting a wider range of species while ensuring the quality of the display is not diminished .
2.6.4(iv) Netheridge Traditional farm traditional habitats
The creation of the new market at Netheridge has provided a golden opportunity to manage some of the market site and the rest of the holding for wildlife. We will work with partners to ensure that a management plan is adopted and implemented over the coming years. This to include traditional farm habitats such as hay meadow and orchard and specific areas for wetland creation.
2.6.5 Targets
Set up a regional park in the area adjacent to the Severn by 2009. Have the maintenance and drift of wildli fe as a prime objective.
Implement a pumping system on Alney Island that ensures that sections of it are kept wetter even in dry hot summers.
Through negotiation with developers, ensure that runoff from development charges existing wetland systems on at least 1 site. Consent achieved 2010.
At least half of the bedding plants chosen for displays in Gloucester will be nectar rich (not F1 Hybrids or those renowned for poor nectar production) for the 2008 season.
Restore the Netheridge holding to traditional farm habitats and create new areas of wetland habitat.
Produce a new schedule of trees for the tree strategy and for use in Development Control by end 2007.
2.6.6 What can I do?
Garden with wildlife in mind. Compost your waste (a fantastic environment for slow worms and other fauna). Be a bit careful with chemicals, plant lots of nectar loving plants and don’t be so tidy.
Join the local wildlife trust. Visit a nature reserve, cherish it while it is still there.
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2.7 Adaptation
2.7.1 Issues
More dynamic, stormier weather conditions are expected to be a feature of Climate Change for Gloucester. This will lead to higher surge tides, increased fluvial flooding (belonging to rivers) and stronger wind speeds. When this is coupled with sea level rises flooding will inevitably become a more frequent event. This is especially true for Gloucester being at the head of the estuary and therefore susceptible to high tides and fluvial flooding
These are based on the predictions from the UK Climate Impacts programme 02 report. The updated UKCIP08 is to be published in November of this year, this may reflect the weather events of last summer although information to date suggests that similar scenarios will be predicted. Generally therefore we should expect hotter and drier summers with wetter winters. Flood events and storms will be more common.
Summers will become hotter and drier and this will have consequences for wildlife, water resources (see above) and our health. We need to plan ahead so we can cope, and ensure that by coping we do not make matters worse (air conditioning is very energy hungry ). New development therefore needs to be designed to incorporate measures currently used in Southern Europe such as Briese Soleils (shading over windows) and shutters to address extreme temperatures, it also needs to be out of the floodplain - not just the current area but what we expect it to be in the future.
Parks and open spaces should be in more demand in the future, we need to ensure therefore that there is enough to go round, and that they are landscaped and designed to cope with high temperatures and summer droughts. Management will also need to change to take account of temperature and rainfall changes. Shade will be crucial, not just for public open space but as part of schools, businesses and other development.
Following the storm events of last year it became clear that flooding was not just a River Severn event but could result from small scale brooks and ditches not being able to cope. There are areas that need more detailed management and some brooks and culverts need engineering improvement to ensure that they do not cause problems either locally or else where (there is no point in relieving one flood area for another to be come inundated ).
2.7.2 What are we doing?
We have put in place a new partnering agreement to cover our streetcare services. This will ensure that management of open spaces is done on need i.e. when the grass is growing as opposed to traditional schedules. The Highway authority plant a significant number of street trees a year, the City Council plant many more in parks and open spaces. Through our planning powers we currently expect development to be out of the existing flood plain plus 60 cm. We are working with the Environment Agency. The County Council and local residents to remove impediments to flood flow
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on Alney Island, as well as improving flood defences around Alney Terrace and its environs.
Following the events of last summer a number of changes have taken place with regard to watercourse management within Council ownership. Brooks are inspected every 2 weeks for blockages and a number of restrictions to flow have been removed. Flood fairs have been held where advice and guidance is given out and flood resilience seminars have taken place. A dedicated officer has been employed to help those who have been flooded. This post has also been responsible for looking at problem water courses and being a contact liaison point for the EA, ST and other stakeholders . Some engineering works have been carried out .
2.7.3 What are we going to do?
As part of the Local Development Framework we need to ensure that current flooding policies are carried through and enhanced. We also need to be proactive in removing further impediments to flood flow. As well as Alney Island we need to look beyond our administrative boundaries. For example, existing agricultural defences at Minsterworth and further down stream restrict flood flow and flood plain capacity. This was particularly relevant given the Severn Flooding and the impact on Alney Island and Walham substations. Although controversial we shall lobby the Environment Agency to pursue a ‘managed retreat’ policy in some of these areas whereby agricultural flood defences are not maintained or even removed. Not only will there be flooding benefits but biodiversity ones to.
Through the Local Development Framework we will encourage development that takes on board the needs of a climate changed world. We will be requiring developers to meet EcoHome a high Code for Sustainable Homes rating and BREEAM standards. This encourages water recycling, passive cooling and other climate sensitive features. Passive design features common in Southern Europe will need to be incorporated in new development
We will work with our Streetcare partner to ensure that planting schemes from bedding to trees take account of drought tolerance and other climatic variances. Similarly landscape schemes submitted, as part of new development will be required to plant climate sensitive schemes.
The Pitt report into the 2007 floods (Sir Michael Pitt was asked by the Government to carry out a review of flood related emergencies) has published its interim recommendations. The full report is due out later on this year. We will work with the County Council and other partners to ensure that recommendations are looked at, and where appropriate taken on board.
A capital programme of works has been costed and drawn up. Some of these are repairs following the floods, others are works to ensure that property or other assets are not put at risk. These will be implemented over the coming months and funded from a myriad of sources.
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2.7.4 Projects
2.7.4(i) Free Trees
Trees temper winter and summer climatic extremes and soak up carbon as well. They also provide a wildlife habitat and amenity value. We will give away 500 1000 trees a year to schools, community organizations and individuals to plant on land they are responsible for or in City Council ownership . We shall also with our Streetcare Partner increase the tree stock in the City.
2.7.4(ii) Green buildings
Buildings can be covered in plants. Not only does this look attractive, and provide a habitat, but it reduces the heat effect in urban areas as hard surfaces soak up solar radiation. Green roofs are a particularly useful way of reducing heat and we will work with developers to ensure that some buildings are constructed with a growing, living roof. We will look to our own building stock to see if we can grow plants on them.
2.7.4 (iii) Surface Water Management Plans
Surface water management planning draws on the experience and knowledge of statutory undertakers, the EA and others with understanding of watercourses and sewers. The outcome will be a map and strategy that identifies areas of concern and other surface water issues within a geographical area. A handful of pilots have been undertaken in the country so far – we will build on this experience and work with Severn Trent and the EA to draw up a SWMP for Gloucester .
2.7.4 (iv) Retro SUDS
Sustainable Urban Drainage Systems allow surface water to be managed in a more natural manner. Rather than collecting water from roofs and hard surfacing and putting it in a pipe for it to cause flooding elsewhere, water is stored and managed as much as possible on site. This means that water reaches brooks and streams in a more metered and natural manner. We will identify and implement a scheme on a public building.
2.7.4 (v) SUDS Manual
Although SUDS have the ability to control surface water in a more sustainable manner, their take up from the development industry has been mixed. Adoption of SUDS features is still a block to their implementation and although the City was one of the first to agree to adopt such structures, nervousness and lack of knowledge on behalf of the development industry still prevents many schemes coming forward. We will commission consultants therefore to draw up basic guidance as to what SUDS do, how they are to be constructed and what needs to be done
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to be have them adopted by the City Council for future management.
2.7.4(vi) Stream Wardens
Based on our successful ‘Friends of’ groups and Tree Wardens, we will set up at least one pilot stream warden scheme for a water course that has been subject to flooding. The wardens will be trained and will work with the City council ensuring that blockages are identified. We would also like to engage the wardens in the drawing up of management plans for the sites and enlist them in their implementation.
2.7.4(vii) Adapting to Climate Change
To ensure local authority preparedness to manage risks to individuals, communities and business from a changing climate the Government has proposed a new national indicator 188. Authorities are invited to report on their level of activity on a scale of 0 to 4. Zero is essentially no preparedness with 4 being well prepared with an action plan and processes in place for monitoring progress. We will commit the authority to achieving level 3 by the end of 2011.
2.7.5 Targets
1000 500 trees planted over the 2007/2008 2008/2009 planting season
At least one Green roof constructed in the City by 2010.
NI 188 level 3 by 2011
2.7.6 What can I do?
If you have room, plant a tree (we will give you one if you want). Persuade your employer to plant a tree. Try not to fit air conditioning – use other ways to keep cool. If you work in the office switch off computers and other equipment as they give off heat. Generally fit low energy appliances. You can volunteer as a stream warden, If you are in a vulnerable area you may wish to join a local flood group (contact Wayne Best on 396703).
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Section 3
3.0 How will we Deliver?
Strategies do not implement themselves, they need individuals to drive them forward and processes put in place to ensure that policies, programmes and projects are carried through. To ensure that the strategy is delivered we will set up two groups; a Steering Group made up of Council officers and a Stakeholder Group made up of external agencies, business, community groups and elected members. The stakeholder group will meet twice a year and act as a forum for discussion, to hold officers to account and as a means of consulting and engaging with the wider community . We have set up steering group of officers and Members, that meets Quarterly, a stakeholder group of external agencies, businesses, community groups and elected members was also set up. The latter group may be merged with the Environment and Ecology Forum and the Gloucester Environmental Partnership .
The steering group will meet monthly to ensure implementation does not lose momentum. This group will report to the stakeholder group and Cabinet . We recognise that Climate Change is a rapidly changing area of work, and that projects, policies and programmes that may appear ahead of the game today are the norm in a relatively short period of time. We intend therefore to continue to update the strategy on an annual basis. Not only will this allow us to take account of changing attitudes, national/ international policies and new technologies, but also give us an opportunity to formally review progress and targets on a regular basis. It is envisaged that the Stakeholder Group and the Environme nt and Ecology Forum will be key players in this annual review . Gloucester Environmental Partnership will be a key player in the annual review .
3.1 Funding
It will also be important to identify funding for the implementation of the strategy, initially for development and co-ordination, but over the long term in order to deliver some of the projects that are set out in the strategy action plan.
The priority for these should be based on a detailed evaluation whereby costs and benefits in CO2 reductions are used in order to obtain the greatest benefit towards achieving targets.
Some funding has been identified and has been linked to the existing energy management budget. Additional funds will be sought from both internal and external-funding streams such as the Low Carbon Buildings Programme and European Union funding sources when these can be found. Match funding bids where this will enable invest to save projects to be developed will be supported.
The Stern Report on climate change has indicated that carbon trading schemes may be a way forward for local authorities to offset the impacts of climate change, it is not yet clear what form this government scheme will take. It is however possible that Gloucester could participate in such a scheme in order to achieve carbon reduction targets.
Of course strategy implementation needs officer time. Human resources will be identified that will allow the policies, programmes and projects to be taken forward and developed.
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3.2 What is not measured cannot be controlled
The signatories to the Nottingham Declaration on Climate Change along with the Department of Trade and Industry, The Environment Agency, The Energy Saving Trust, The Carbon Trust, IDEA, UKCIP have agreed to endorse the South East Climate Change Pa rtnership Emissions Monitoring Group template for reporting and monitoring emissions that contribute towards climate change The Local Authority Carbon Management Programme has been established by the Carbon Trust to help local authorities realize carbon em issions savings. It is quite likely that the 2007 Climate Change Bill will include a requirement for local authorities to report on emission reductions annually. When this annual reporting requirement is made Gloucester will provide data each year and publ icise reductions accordingly .
There are a number of new national performance indicators that have been established during 2008. These require the City Council to report on progress towards its climate change objectives and will allow the council to be compared with other similar towns and cities across the country. National Indicator (NI) 186 looks at the percentage of CO2 emission reduction per capita in the local area. There are also NIs on waste, biodiversity and of particular relevance adaptation to climate change. We will attach a table showing these indicators and how we have preformed against them to any forthcoming annual report.
3.3 Raising Awareness of Climate Change
One of the most important areas of the strategy is how we get the message across and increase public understanding of climate change and its effects.
During 2007 a national climate change awareness raising campaign is being launched which will include television advertising and other marketing approaches to get across the message about what people can do in their day to day lives to reduce the effects of climate change. It will be important to link up to this programme.
In the first year of the strategy we produced and distributed a new leaflet on ‘how you can combat climate change in your own home’ . We also created display panels and web pages to explain the strategy. We will continue to promote the strategy
In order to do this a widespread public information and education programme needs to be carried out.
• By linking to national programmes. • By creating new updating web pages. • By targeting schools and young people. • By holding displays seminars and road shows • By printing leaflets posters and distributing information • Work with and link together existing community groups to help them focus on climate care initiatives
We will continue to develop a Communication Programme that will draw these issues together and allow us to market the strategy in a co-ordinated manner.
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To ensure the profile of Climate Change is raised on a regular basis we shall launch a Climate Care Award that recognises the contribution that an organisation and/or an individual has made towards combating climate change has been incorporated into the Gloucester Civic Awards and its effects over the previous y ear. This will need to be a high profile event should that capture the imagination of the public and provide inspiration for others to follow.
The slogan for the national campaign is ‘’Save Your 20%’’ for more information log on to the energy saving trust web site at www.saveyour20percent.co.uk . Or ring your local energy advice centre for a leaflet 0800 512012.
3.4 Conclusion
Gloucester City Council has an obligation as the local district council to act in a community leadership role in preparing the city and its people for the challenges and surprises that will result from the effects of Climate Change. It will also need to demonstrate good practice and stewardship through the way that it manages its own estate and assets and as a service provider.
By setting up the necessary framework for addressing these and unforeseen changes that may occur as a result of climate change. The implementation of the action plan work plan , the input of the stakeholder and Environmental partnership and establishment of a stakeholder and steering group will enable the city to protect and conserve a healthy and pleasant environment for its citizens and visitors despite the impacts of Climate Change. The strategy also outlines a number of practical projects, which will help Gloucester respond to climate change.
A more detailed Work Programme has replaced the Climate Change Action Plan. This will be updated on a regular basis and will be reported to Members of the Steering Group and the Gloucester Environmental Partnership
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The Climate Change Action Plan
Objective Action Responsibility Cost Timescale Rep/out 1. To increase To establish a publicity Environmental Requires Long term public awareness and edu cation Co -ordinator new funding of climate programme, to run at Steering Group £1000PA * change least one public campaign (Community each year, to also hold leadership role) exhibitions, conferences and stands in order to raise public awareness of climate change 2. T o reduce Link up to national energy Environmental Within Short term greenhouse gas saving trust campaign on Co -ordinator existing emissions across save 20%. Steering Group budge ts Gloucester by Gloucestershire 20% by energy advice 2010(community centre leadership role) 3. To increase All council buildings will Gloucester City Within Short term the amount of show annual energy use Council and existing electricity that is and CO2 emissions stakeholder budgets generated from Promote the energy rating group renewable of buildi ngs for both resources. domestic and commercial (Community premises leadership and managing own estate role) 4. To enable By establishing projects Steering Group, Within Long term Gloucester such as Severnside St akeholder existing citizens and regional park, water for Group, Tree budgets biodiversity to wetlands and free trees Officer, adopt to the and green buildings. Architects, changes brought Setting standards for Countryside about by Climate builders and developers Officers Change to and contractors. ensure the mainte nance of high quality of life to all.(service provider role) ADDITIONAL PROJECTS FOR CLIMATE CHANGE ACTION PLAN
Energy Energy Champions City council and £2000 PA Long term champions scheme to encourage all employers, for 3 years * Objective 1 employees to save SWEA. energy as roll out scheme Steering group to all city major and stakeholder employers. group. Combined Heat Combined Heat and Gloucester City Separate Sort term and power power for GL1 Council fundin g bid. Objective 2 Solar water for a Solar hot water for a Gloucester City £10000 * Medium council building council owned building Council term Objective 2 Solar hot water Solar hot water installed Gloucester City £12000 Short for social in Gloucester City Hom es Council. * Medium housing properties Gloucester City term Objective 2 Homes. SWEA New bus station New bus station to create Gloucester City Separate Long term Objective 2 an integrated transport Council, GHURC, funding exchange. Stagecoach. stream.
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Objective Action Responsibility Cost Timescale Rep/out Heat Candid Heat Candid Camera to Building Control £500*. Short term Camera spot energy wasting Steering Group Objective 1 buildings SWEA. Low Carbon Ensure that the new Project board, £100000 Medium Depot depot is built to be an Accord term exemplar climate friendly building Alternative fuels Alternative fuels for city Steering group Within Long term Objective 3 council fleet vehicles and partners. existing Accord. budgets. Car club Car Club to establish and Steering group, Section 106 Long term Objective 3 maintain through a car club funding. service level agreement . providers. Biomass boiler Biomass boiler to Developers, Would Long term Objective 3 establish one which will partners, steering require burn wet parks waste group and separate timber shredded SWEA. funding bid. Climate friendly To include climate change Steering Group, Within Short term purchasing and recycled material use Procurement existing Objective 2 in purchasing policy Officer budgets criteria. Water harvesting Water harvesting at the Steering group £500 * Short term Objective 1 Crematorium & crematorium Robinswood hill manager. I Elphick Water butts for Water butts for all to offer Steering group sponsorship Medium all low cost water butts to Severn Tr ent and from water term Objective 1 householders. the environment company agency. agreed. Wind turbine on To build a wind turbine on Gloucester City Self funding Long term Alney Island Alney Island to generate Council and comme rcial Objective 3 electricity stakeholder operation. group Mini Wind Mini turbines for schools Gloucester City £5000 pa*. Medium turbines for and public buildings Council term buildings project to offer free wind Gloucestershire Objective 3 turbines to schools County Council and stakeholder group Hydro power at Hydro power at Llanthony Steering group, Feasibility Medium to Llanthony weir weir British study £1500 Long term Objective 3. Waterways. * Free trees Free trees and green Gloucester City £1000*. Short term Objective 2 walls roofs initiatives Council and stakeholder group Severnside To create a wildlife Country side Subject to Long term regional park corridor to encourage management unit separate Objective 4 biodiversity and wildlife. steering group funding bids. partners. Water for To artificially charge Countryside unit Within Long term wetland wetlands with water to steering group existing Objective 4 provide wildlife habitats partners. development and conservation budgets Background To use wildlife friendly Steering group Within Short term Biodiversity plants within parks on partners, parks existing Objective 2 planting schemes officers. budgets.
Green buildings To use planting to cover Tree officer, From Long term Objective 2 buildings green roofs and steering group developer walls lan dscape contributions.
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Objective Action Responsibility Cost Timescale Rep/out architects. Wind turbine for To install a small wind Planning £2500.* Short term Herbert turbine on Herbert officer/energy Warehouse warehouse to generate steering group Objective 3 electricity. Increased EcoHome training for BC Steering group £2000 Short to number of Staff * medium EcoHomes term Objective 2 Climate Care To make annual award Ste ering group £1000* Short term Award that recognises the Environmental Objective 1 contribution that an Co -ordinator organisation or individual has made to City Council.
* subject to agreement by Energy Management group
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This page is intentionally left blank Page 73 Agenda Item 8
FOR DECISION BY COUNCIL
Gloucester City Council
COMMITTEE : OVERVIEW AND SCRUTINY MANAGEMENT CABINET COUNCIL DATE : 07 JULY 2008 09 JULY 2008 24 JULY 2008 SUBJECT : DRAFT FOOD SERVICE PLAN 2008 / 2009 FOR COUNCIL APPROVAL DECISION TYPE : BUDGET AND POLICY FRAMEWORK WARD : ALL WARDS REPORT BY : CABINET MEMBER FOR HOUSING AND HEALTH NO. OF APPENDICES : A: DRAFT FOOD SERVICE PLAN 2008 / 2009 REFERENCE NO. : ES20810
1.0 PURPOSE OF REPORT
1.1 To present to Members a draft Food Service Plan for Gloucester City Council for 2008/2009 for consideration, consultation and approval by Council.
1.2 To report on the performance of the food service over the last 12 months.
2.0 RECOMMENDATIONS
2.1 That the Food Service Plan 2008/2009 be adopted and approved.
2.2 That it is noted that 100% of high risk premises and 57% of low risk premises programmed for inspection during the year 2007/2008 were inspected.
3.0 BACKGROUND
3.1 The White Paper “The Food Standards Agency - A Force for Change” identified the Food Standards Agency as having a key role overseeing local authority enforcement activities. The Agency will, therefore, be proactive in setting and monitoring standards and ensure that auditing is effective and undertaken on a more consistent basis. Powers to enable the Agency to monitor and audit local authorities are contained in the Food Standards Act 1999.
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3.2 Service Plans are seen to be an important part of the process to ensure national priorities and standards are addressed and delivered locally. Service Plans will also:-
• focus debate on key delivery issues; • provide an essential link with financial planning; • set objectives for the future and identify major issues that cross service boundaries; and • provide a means of managing performance and making performance comparisons.
3.3 Service Plans are considered to be particularly important in the context of the local authority monitoring and audit role of the Food Standards Agency. Guidance on the content of local service plans for food enforcement work was, therefore, produced by the Food Standards Agency. The guidance template requires the following to be covered in the plan:-
• Information about services. • The means by which those services will be provided, including the various requirements of the standard. • The means by which any relevant performance targets or performance standards are met. • A review of performance in order to address any variance from meeting the requirements of the Service Plan.
3.4 In accordance with the guidance given by the Food Standards Agency on Food Service Plans the plan needs to demonstrate that we are providing a balanced service.
3.5 The Service Plan reflects the priority status that food safety has been given by managers and members alike.
3.6 It is anticipated that over the next 12 months the team will be able to maintain this high level of performance.
4.0 PROGRESS
4.1 During the year 2007/08 we suffered some staffing shortages but by targeting our resources have managed to maintain the level of inspections of high risk premises at a high level. In addition to this during July and August 2007 after the floods the food team had to target resources at premises without a running water supply that wanted to continue to trade. Although funds were available to pay agency staff to make up inspections missed during this 3 week period sufficient suitably qualified staff were not available. Consequently although we are able to report 100% for our high risk premises we are only able to report 57% for low risk. During the coming year we aim to make up this shortfall. The percentage of premises inspected by risk category is listed below:
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Risk score High/Low Planned Amended Inspected % planned Risk numbers inspected A HIGH 18 18 18 100% B HIGH 104 83 83 100% C HIGH 246 229 229 100% TOTAL HIGH 368 330 330 100% D LOW 76 107 55 51% E LOW 24 61 41 67% TOTAL LOW 100 168 96 57% TOTALS HIGH/LOW 468 397 325 82%
The table above also demonstrates the change in the profile of food businesses in Gloucester during the year 2007/08. It is worthy of note that we have 38 less high risk premises and 68 more low risk premises at the end of the year than we did at the beginning of the year. This is more than a 10% reduction in high risk premises. This is due to two reasons:
1. The targeted work of the food team working with the high risk premises to improve their standards and reduce their risk scores.
2. Scores on the Doors Scheme that has encouraged premises to improve so that they have a better risk rating and obtain more stars.
The table below shows our performance for the percentage of inspections that fall due in a year that we actually inspect. This shows that by focusing on high risk (A, B and C) premises we have once again achieved a 100% return for all high risk premises.
Risk Category % due inspected % due inspected % due inspected 2007/08 2006/07 2005/06 A 100% 100% 100% B 100% 100% 100% C 100% 100% 100% D&E 57% 80% 80%
4.2 Scores on the Doors was introduced in Gloucester in March 2007. This is a scheme that according to a premises food hygiene standards allocates them stars on a scale of 0-5, with 5 stars being the best. Over the first year of the scheme we have seen the percentage of catering premises with 3 or more stars more than doubling. When the scheme was introduced just 39% of premises had 3 or more stars, a year later this has increased to 80%. Similarly the percentage of premises with 0 or 1 star was 26% and has now 12 months later decreased to 8%. This scheme has made a significant contribution to driving up the hygiene standards of catering premises in the City. A graph demonstrating this trend can be found in the Food Service Plan.
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4.3 In addition the current Food Law Code of Practice encourages local authorities to consider instead of inspection, alternative intervention strategies for low risk food businesses, risk category E. This year we ran a project to ensure that contact is made with all category E businesses that are due or overdue for inspection. The aim of the project was to ensure that the information we have on file about these businesses is accurate and to update them with regard to food laws and their responsibilities.
4.4 Our 18 month FSA funded Safer Food Better Business countywide project came to an end in June 2007. 81 workshops were organised across the county providing support and one to one coaching for 1382 businesses including 6 translated workshops organised with Tapestry.
5.0 FUTURE WORK
5.1 This year sees the introduction of a National Performance Indicator for the Food Safety Team that will measure the Food Team’s performance. NI182 measures the percentage of food businesses in the district that are broadly compliant with Food Safety legislation. There is a prescribed formula laid down by the Government to calculate this. Alongside this, the Food Standards Agency have revised the Food Law Code of Practice that lays down how Local Authorities are expected to work.
5.2 As a result of this, the way the Food Team work and report on its activities will fundamentally change this year. All of the food team’s activities, including inspections will have the single aim of increasing the percentage of food businesses in Gloucester that are broadly compliant with Food Safety legislation. To this end the food team will no longer be reporting on the number of inspections that they complete. In addition with this new approach it is no longer meaningful to report on the percentage of high-risk and low-risk premises inspected. As such the service will now be reporting on the NI alone and will concentrate efforts to achieve the best possible score for this indicator.
5.3 Based on the prescribed formula for NI182 in Gloucester currently 75% of food businesses are broadly compliant with Food Safety legislation. Over the next 12 months our aim will be to move to 82% of premises being broadly compliant. This will also fit with the Regulators Compliance Code that came into force on 6 April 2008. The Regulators Compliance Code requires that our enforcement policies promotes an efficient and effective approach to regulatory inspection and enforcement which improve regulatory outcomes without imposing unnecessary burdens on businesses and other regulated entities.
5.4 We will continue to target enforcement of imported foods regulations. The aim is to continue to inform food businesses about the legislation and their obligation to be able to prove that food has been imported legally. In addition to this food businesses will be targeted to check their compliance and sampling will be undertaken.
6.0 CONCLUSIONS
6.1 That the Food Service Plan 2008/2009 be adopted and approved.
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6.2 That it is noted that 100% of high risk premises and 57% of low risk premises programmed for inspection during the year 2007/2008 were inspected.
6.3 That the improvement in the standard of catering businesses in the City over the last 12 months since the implementation of the Scores on the Doors Scheme is applauded.
7.0 FINANCIAL IMPLICATIONS
7.1 The future work indicated in the report will need to be met within budgeted resources.
7.2 Name of the Officer: Steve Phelps
8.0 LEGAL IMPLICATIONS
8.1 The Food Safety Act 1990 and other legislation impose significant and important legal duties on the Council in relation to Food Safety requirements and enforcement against breaches.
8.2 Any enforcement action should be undertaken in accordance with the relevant provisions of the Regulators Compliance Code, the Enforcement Concordat and any related Council Policies.
8.3 The enforcement of food safety legislation forms an integral and essential part of the Council's food safety functions.
8.4 Name of the Officer: Gary Spencer
9.0 RISK MANAGEMENT IMPLICATIONS
9.1 There is a high risk of a lack of suitable staff to achieve targets due to a national shortage of fully qualified Food Safety Officers and Environmental Health Officers. This risk is incurred as and when staff vacancies occur.
9.2 There is also a high risk that an excessive demand on the service due to a major food safety incident / emergency will prevent the team achieving their targets. Keeping up to date with interventions and the use of agency staff to catch up on interventions, if resources can be found, will minimise this risk.
9.3 Another risk is that staff will use their enforcement powers inappropriately. This risk is low as we only authorise staff for food safety enforcement in accordance with the Food Safety Act Code of Practice.
10.0 PREDICTIVE IMPACT ASSESSMENTS (EQUALITIES)
10.1 Some risks were identified for certain groups of people who access this service. These issues have been considered and steps taken to reduce / mitigate the impact of this policy on these groups.
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11.0 OTHER CORPORATE IMPLICATIONS
1. Community Safety
None
2. Environmental
The Environmental implications are covered in the main body of the report.
3. Staffing
Staffing is covered in the report.
4. Trade Union
No comments.
Background Papers : Service Records
Published Papers : FSA Framework Agreement on LA Food Law Enforcement.
Person to Contact : Gillian Ragon Environmental Health Manager (Commercial) Tel: (01452) 396321 Fax: (01452) 396340 Email: [email protected]
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Gloucester City Council APPENDIX A
FOOD SERVICE PLAN
2008/2009
ENVIRONMENTAL HEALTH
Gloucester City Council Tel 01452 396396 Fax 01452 396340 Herbert Warehouse Email [email protected] The Docks Minicom 01452 396161 Gloucester GL1 2EQ www.gloucester.gov.uk
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CONTENTS
1.0 SERVICE AIMS AND OBJECTIVES 1.1 Aims and Objectives 1.2 Links to Corporate Objectives
2.0 BACKGROUND 2.1 Profile of Local Authority 2.2 Organisational Structure 2.2.1 Provision of Specialist Services 2.3 Scope of Food Safety Service 2.4 Demands on the Food Service 2.5 Enforcement Policy 2.6 Base of Service Delivery
3.0 SERVICE DELIVERY 3.1 Food Premises Interventions 3.2 Food Complaints 3.3 Home Authority Principle 3.4 Advice to Businesses 3.5 Food Sampling and Inspection 3.6 Outbreak Control and Infectious Disease Control 3.7 Food Safety Incidents 3.8 Liaison with other Organisations 3.9 Food Safety Promotion
4.0 RESOURCES 4.1 Financial Allocation 4.2 Staffing Allocation
5.0 QUALITY ASSESSMENT 5.1 Quality Assessment
6.0 REVIEW 6.1 Review against the Service Plan 6.2 Variation against the Service Plan 6.3 Areas of Improvement
APPENDICES
Gloucester City Council Executive & Management Structure - Appendix 1 Environmental Health Organisational Chart - Appendix 2 Best Value and Local Performance Indicators - Appendix 3
Food Service Plan 2008-09 Page 81
1.0 SERVICE AIMS AND OBJECTIVES
1.1 Aims and Objectives
To operate a comprehensive regime of inspection, sampling, testing and other methods as appropriate, to ensure the safety of foods in their production and sale.
To promote best practice for food production and sale within the City of Gloucester.
To provide support, assistance, training and advice to local businesses to enable them to market products that comply with legal requirements and best practice.
To promote food safety issues to the public through a variety of activities.
To investigate complaints about the safety and fitness of food and the operation of food premises.
To carry out Home and Originating Authority enquiries referred by other agencies.
To register for operation premises for food preparation, production and sale as prescribed by Government.
To enforce the provisions of food legislation and take appropriate and proportionate action.
1.2 Links to Corporate Objectives
The activities of this Service will link to the following priorities and key aims:-
• A thriving 21 st Century City • A City with strong and cohesive communities • The City Council a top performing organisation
2.0 BACKGROUND
2.1 Profile of Local Authority
Gloucester City Council comprises principally the City of Gloucester, which is the County town of Gloucestershire. The City is located on the River Severn and is close to both the M5 and M4. The City has a population of 111,306 of which 9.9% are from ethnic groupings.
The area is urban covering the historic City of Gloucester with the associated tourism, hospitality and catering activities.
The total area of the authority is 15.64 square miles.
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2.2 Organisational Structure
Gloucester City Council Executive & Management Structure - Appendix 1 Environmental Health Organisational Chart - Appendix 2
2.2.1 Provision of Specialist Services
(i) Public Analyst – Worcestershire County Council Scientific Services.
(ii) Food Examination – is carried out under service level agreement with The Health Protection Agency Laboratory based in Bristol.
2.3 Scope of the Food Safety Service
As the Council is not a Unitary Authority, functions such as food standards and animal feeding stuffs does not form part of its remit. Otherwise the Council aims to provide a full range of services offering a balanced approach between education and enforcement.
The Food Safety Service is responsible for carrying out the functions described in Table 1 below.
Table 1: Food related and other services undertaken by the Food Safety Service
Food Related Service Other Activities Food Premises Inspection/intervention Health and Safety inspections of food in accordance with FSA Code of businesses with LA enforcement Practice. responsibility where appropriate and in accordance with national priorities
Investigation of complaints relating to Investigation of health and safety food and food premises. complaints and accidents arising at those premises, where appropriate and in accordance with national priorities.
Food sampling (including participation in national sampling programmes).
Investigation of food poisoning cases. Investigation of drainage and nuisance complaints arising from food businesses.
Initiating and responding to national Providing advice and information on food alerts. health and safety matters to food businesses as appropriate.
Liaison with other local authorities with Responding to relevant building respect to food produced outside the regulation applications. district.
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Food Related Service Other Activities Application of the Home and Originating Responding to land registry enquiries. Authority Principle.
Provision of advice and guidance to Advise and enforcement in connection Food Businesses. with Smokefree Public Places legislation. Provision of food hygiene training courses and seminars.
Liaison with food business proprietors, consumers and other health professionals.
Approval of product specific food premises.
2.4 Demands on the Food Service
The profile of food premises in the City as at 1 April 2008 as compared to 1 April 2007 is outlined in Table 2 below.
Table 2: The profile of food businesses in the city
Risk Rating Number of Premises Number of Premises 01/04/2007 01/04/2008 A 9 10 B 103 67 C 401 383 D 124 149 E 112 147 Unrated 12 0 Totals 761 756
The majority of food premises in the City are small or medium sized enterprises (SMEs) employing less than 50 staff. Nevertheless, many of them are involved in the preparation of high-risk foods and require frequent monitoring. Inevitably SMEs have fewer resources to carry out in-house monitoring and do not have the access to multi-national groups. Food Safety Officers may, therefore, find themselves spending a disproportionate amount of time working with smaller businesses than with much larger companies.
The City is home to a few food manufacturers but the majority of food business in the City are catering and retail food shops. A significant proportion of catering and retail food businesses in Gloucester are run by members of the ethnic minority community. In addition to the difficulties that SMEs may experience translation and interpretation services are frequently required.
The City is home to a large Unilever (previously known as Walls) ice cream factory. Gloucester acts as Originating Authority for complaints received regarding products manufactured at the Gloucester factory as well as being the Food Safety Enforcement Authority for the factory.
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2.5 Enforcement Policy
The food service operates to a comprehensive documented enforcement policy.
2.6 Base of Service Delivery
The service is delivered from a single office based in Herbert Warehouse, The Docks, Gloucester. The hours of operation are 09.00 – 17.00 Monday to Thursday and 09.00 – 16.30 on Friday although officers frequently work “out of hours” as the nature of the work dictates.
3.0 SERVICE DELIVERY
3.1 Food Premises Interventions
Interventions are key to improving compliance with food law by food business operators. The Council’s policy is to carry out an intervention in respect of high risk food businesses (risk categories A, B and C) at least as frequently as calculated using the food hygiene scoring system laid down in the Food Law Code of Practice (England). More intensive regulation is directed at those food businesses that present greatest risk to public health.
The Food Law Code of Practice (England) has been substantially reviewed this year but the final version will not be published until the end of May 2008 and consequently it is not possible to fully plan for all the changes. However it is clear that there will be more flexibility to develop an intervention strategy which recognises factors which influence non-compliance, focuses on outcomes not inputs and seeks to secure compliance with food law. Enforcement interventions may include audits, inspections, spot checks, coaching visits, intelligence gathering and advice/education.
In addition from 1 April 2008 the monitoring of Local Authorities food hygiene enforcement by the Food Standards Agency changed dramatically. Local Authorities will no longer be monitored on the number of inspections carried out over the year. The annual monitoring returns to the Food Standards Agency will be based on the interventions carried out at a premises and the number of food businesses that are broadly compliant with food hygiene legislation. There is also a National Indicator that all Local Authorities will be required to report against. The method for calculating the NI is defined in H M Government – Communities and Local Government – National Indicators for Local Authorities and Local Authority Partnerships: Handbook of Definitions – First Release (February 2008) Annex 4: Local Economy and Environmental Sustainability NI 184 – Food Establishments in the area which are broadly compliant with food hygiene law. The City Council welcomes this new measure as it is an outcome measure and enables us to focus our attention on those that are most in need of improvement, rather than reporting the number of interventions undertaken. This NI will demonstrate the effectiveness of a food service and not merely the quantity of interventions completed.
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We estimate that currently 75% of food businesses in Gloucester are broadly compliant with Food Safety Legislation and our aim will be to improve this to 82% by 1 April 2009. This will bring an additional 56 Food Businesses in Gloucester into the broadly compliant category. This will be done by focused work with identified businesses in addition to the standard food hygiene interventions carried out for other businesses that are due for an intervention during the year. This is a challenging target but it is our aim to be an upper quartile performing authority. As this NI is a completely new way of measuring Local Authorities performance for food hygiene there is currently no data to indicate what percentage of premises must be broadly compliant to achieve upper quartile status for this indicator. However it is anticipated that a figure of around 85% would indicate that an Authority was performing well.
In addition to the proposed plan for food hygiene interventions outlined in this service plan the allocation of the food team resources will remain under review throughout the year and will be amended if there are any changes in priorities. For example if information or a complaint is received about a business that gives rise to sufficient concern then the risk score of the premises may be reviewed and the intervention brought forward. If a Food Alert for Action identifies the need to visit specific food establishments resources will be diverted to this. If the City suffers a major emergency that threatens the safety of a/the food supply chain resources will be diverted to deal with the emergency on a risk basis.
During the year we have experienced some staff shortages. An experienced member of the food team left at the beginning of April 2007 and a trainee Food Safety Officer was employed in June 2007 as no qualified officers applied. The trainee food safety officer cannot be authorised to undertake inspections until she has completed exams, a log book and a professional interview. At the time of publishing of this Food Service Plan this Officer has passed her written exams and her professional interview and is expected to submit her log book for assessment in May 2008. During the year 2007/08 we inspected 100% of high risk premises and 57% of low risk premises.
Table 3: Food Premises by Risk Rating due for an intervention 2008/09
Risk Rating Number of Premises Number of Interventions 1 April 2008 Planned 2008/09 A 10 20 B 67 67 C 383 276 D 149 37 E 147 29 Unrated 0 0 Totals 756 429
Table 3 above indicates the number of food premises in the city according to their risk rating that are due for an intervention during 2008/09. This level of activity will require enforcement officers to carry out approximately 15 interventions per month, which could be achieved under normal circumstances allowing time for formal enforcement action, revisits, training etc.
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If interventions reveal significant food safety risks or contraventions of legislation officers will carry out further interventions to ensure compliance. Inspections/intervention visits are generally unannounced but officers will also revisit, at a mutually convenient time, to discuss complex issues such as food safety management procedures. During the year 2007/08 59 revisits were recorded.
Unrated food premises highlighted at the beginning of the year are investigated. Very often these are new premises that have not yet started trading. These are reviewed and appropriate inspection due date allocated according to the nature of the food business and the Food Standards Agency Food Law Code of Practice.
Officers within the Food Safety Team possess all the necessary expertise to carry out the full range of enforcement activities in food premises in the City. Officers are authorised according with their qualifications and experience and in accordance with the Food Law Code of Practice (England). Officers attend training courses and seminars to maintain and improve their professional competence and technical training requirements are assessed during their annual Development Review.
3.2 Food Complaints
Complaints generally fall into two categories – complaints about hygiene in food premises and complaints from customers who have purchased food that is defective in some way. Hygiene complaints are dealt with in accordance with the Council’s policy, which requires a response within 3 working days. However because evidence relating to food complaints can change very quickly officers try to respond on the same day.
Food complaints can be very time consuming and often involve liaison with other local authorities when food has been manufactured outside the district. Similarly, officers are expected to respond to requests from other local authorities about food manufactured locally but sold elsewhere.
In 2007/08 the Food Team dealt with complaints and enquiries that fell into the following categories:-
Service Request by type Numbers Numbers received received 2006/07 2007/08 Food physical contamination 25 74 Food chemical contamination 4 10 Food labelling 8 8 Food microbiological contamination 36 70 Food hygiene complaint 53 140 Feeding stuffs 1 0 Food – 30 month old imported beef 0 0 FSA Food Alert – For Action 5 120 FSA Food Alert – For Information Only 55 4 Food Complaint Enquiry from other LA 0 6 Food Complaint Other Cause of Complaint 307 712 (260 flood related) Total 494 1,144
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During 2007/08 we received 1,144 service requests, this is a 132% increase. This is an unprecedented increase in the number of food complaints that the team have had to deal with. At least 260 of these additional complaints were as a direct result of the July flooding when all food businesses in Gloucester were without a mains water supply for 8 days and it was another 7 days before the mains water supply was of potable quality and fit for use by the food and drink industry. In addition to this the introduction of the scores on the doors scheme has increased the number of service requests from businesses and members of the public. Businesses often ring because they are disappointed with their score or from members of the public asking for information about the scheme.
3.3 Home Authority Principle
The Council undertakes to adopt the home authority principle where possible and take steps to liaise with the home and originating authority where appropriate. The Council assumes the role of originating authority for a number of manufacturers in the City including Unilever UK Ltd (Walls) and will always respond to reasonable requests for information from food authorities.
At the time of going to print the City Council does not act as Home Authority for any businesses within the District.
3.4 Advice to Businesses
The Council recognises that it has an important role to play in giving advice to small businesses and in helping them understand their legal obligations. Officers will always respond to requests for advice but will not carry out monitoring, training or the preparation of documented procedures on behalf of businesses.
The Food Team keeps a stock of leaflets that are freely available to local businesses and are distributed during inspection. Officers have developed a series of free factsheets to assist proprietors in complying with their legal obligations. These are now also available on our website.
The Food Safety Team carries out at least 8 Food Hygiene Training Courses for local food handlers during a year. Where there is sufficient need and/or interest food hygiene training will be offered with translation and interpretation. These courses will either be the Chartered Institute of Environmental Health Level 2 in Food Safety in Catering or Safer Food Better Business (SFBB) workshops. SFBB is a documented HACCP type system developed by the FSA for small to medium sized caterers.
Environmental Health is currently represented on the Gloucester Licensed Victuallers Association (LVA) and regularly attends meetings. Through this partnership we gain a better understanding of businesses needs and breakdown any potential barriers to communication.
3.5 Food Sampling and Inspection
Gloucestershire Public Health Laboratory closed its doors to examination of food samples in March 2008. All food samples will now be taken to Health Protection Agency Laboratory in Bristol. Gloucestershire Public Health Laboratory have given considerable time to working with the 6 Gloucestershire District Councils to make this happen as smoothly as possible in particular in relation to transfer of samples to Bristol. It is anticipated that this will make very little difference to our sampling activities on a day to day basis.
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The Council is committed to participation in national and local food sampling programmes and works closely with the other District Council’s and the Public Health Laboratory Service in this respect. The Council also supports the routine sampling of locally produced high risk food as a part of the local food surveillance programme. During 2007/08 we took 115 food samples.
In 2008/09 once again the Council expects to fully participate in the national sampling initiatives. A programme of surveillance sampling has been drawn up for 2008/09. The premises identified for surveillance sampling are either approved premises or are producing or preparing high risk foods where there are either inadequate controls at critical points (i.e. inadequate temperature control) or opportunities for cross contamination of product after preparation. In addition as and when appropriate imported foods will be routinely sampled.
Representative samples are to be taken from the premises identified in consultation with Health Protection Agency Laboratory at Bristol.
In certain circumstances food complaints received by the Council are sent for analysis or examination. Most complaints can be dealt with by drawing on the expertise of officers within the team.
Adequate resources are available in the budget for 2008/09 to cover the anticipated cost of food analysis and examination.
3.6 Outbreak Control and Infectious Disease Control
The team receives reports of notifiable diseases and also deals with allegations of food poisoning from alleged victims. All cases, or suspected cases, of food borne infectious disease are contacted and appropriate advice given. Last year the team received 56 notifications of infectious disease.
As a result of a number of outbreaks in 2006/07 of viral gastroenteritis in day nurseries the team undertook a project to increase awareness amongst day nursery owners and staff. The Food Team and Health and Safety Team worked together with the Health Protection Agency and the Health and Safety Executive to run a seminar on this topic and produce guidance notes on infection control.
The Council is represented on the Gloucestershire Communicable Diseases Committee, which is chaired by the Health Protection Agency’s Consultant in Communicable Disease Control. GPs and Control of Infection Nurses also attend the Committee. A new National Outbreak Control Plan is due to be adopted by the county.
3.7 Food Safety Incidents
The Food Team has a procedure in place to receive and action all food alerts issued by the Food Standards Agency. The implications of food alerts are considered immediately by a member of the team. If necessary, resources will be diverted from other functions to ensure that serious emergencies are properly dealt with. In 2007/08 the team received 124 food alerts. This is more than twice as many as were received in 2006/07. A breakdown of the food alerts by category reveals we received 4 food alerts for action and 120 for information making the total for the year 124. These alerts ensure that dangerous food is removed from circulation quickly and is becoming increasingly demanding on our resources.
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During July and August, Gloucester suffered it’s own major food safety incident as a result of flooding that took place on 20 July 2007. Following this episode the City lost its mains water supply for 8 days and then for another 7 days the reinstated mains water supply was not of a potable quality. This put a huge strain on food businesses in the City and this required a robust and consistent response from the food team. Hundreds of phone calls and visits were made to businesses to ensure that if they intended to continue trading that they had a potable water supply for food preparation and had adequate arrangements for heating it for washing and washing up. Food businesses in the district responded well and the food team assisted by all Environmental Health staff worked hard to ensure that food businesses had as much information and assistance as we could give during this difficult period to help them to continue trading.
Procedures are being documented to deal with the notification of serious localised incidents and incidents representing a wider problem to the Food Standards Agency in accordance with the Food Law Code of Practice.
3.8 Liaison with Other Organisations
Officers in the Food Team place great emphasis on ensuring that actions are consistent with other local authorities.
• The Gloucestershire Food Safety Group meets approximately 4 times each year and is attended by representatives of the District Councils in the County, Gloucestershire County Council Trading Standards Service and the Public Health Laboratory. The Food Standards Agency also participate as necessary. The regional FSA coordinator, Toni Smith, has an open invitation to attend meetings.
• The Gloucestershire Control of Communicable Disease Committee is represented by the 6 District Councils, the Health Protection Agency, Microbiology Laboratories within the county and local GPs.
• The Food Safety Section has arranged to review relevant building regulation applications relating to food businesses at the request of the building inspectors.
3.9 Food Safety Promotion
The Council currently offers the Chartered Institute of Environmental Health Officers Level 2 Food Safety in Catering Award, Refresher Food Hygiene Training and SFBB workshops. The team also promote courses run by other, local food hygiene training providers. Officers will also deliver food hygiene courses on request to specific businesses.
The team undertakes to organise 8 food hygiene training courses each year we also aim to run courses with interpretation in minority languages for individuals whose first language is not English as required.
A scheme called Scores on the Doors was introduced from 1 March 2007 for catering establishments in the City. Each premises is awarded a star rating based on hygiene, structure and confidence in management criteria which determines how many hygiene stars they are awarded. This information is published and accessible from the Gloucester City Council website and is also accessed from the National Scores on the Doors website. This scheme may be extended to other food businesses. This has been a very successful scheme and is driving up standards of Food Hygiene in the City. In March 2007 when the
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scheme was first introduced just 39% of catering businesses in Gloucester had 3 or more stars. In March 2008 just 12 months after the scheme was introduced this had increased to 80%. The graph below illustrates the dramatic increase in the percentage of food businesses in Gloucester with 3 stars or more in the first 12 months of this scheme. The Food Standards Agency have recently decided to carry out a consultation on a national Scores on the Doors Scheme endorsed by the FSA. It is anticipated that the Council will follow the FSA national scheme when it is decided.
Percentage of catering premises by star rating
40
35
30
25
01-Mar-07 20 01-Mar-08
15
10 Percentage of catering premises of catering Percentage
5
0 0 star 1 star 2 star 3 star 4 star 5 star Number of Stars
4.0 RESOURCES
4.1 Financial Allocation
Food Service costs are:-
2006/07 2007/08 2007/08 2008/09 Actual Actual Actual Estimated Net Income Net Environmental Health Total 1,036,866 1,109,145 112,718 1,137,563 Food Service 307,033 306,148 12,477 355,463
4.2 Staffing Allocation
The number of staff working on food law enforcement and related matters is as follows:-
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Officer Qualification/ Full Time Staff Designation Competency Equivalents Development Environmental Degree in Environmental 0.35 Regulators Health Manager Health Compliance Code PACE refresher training
Senior EHO Degree in Environmental 1 Food and Faith Health training Regulators Compliance Code EHO (Food Safety) Degree in Environmental 1 Food Inspection Health course – Birmingham Food and Faith Training Regulators Compliance Code
Food Safety Officers Degree in Environmental 2.5 Food Inspection Health or Higher course – Certificate in Food Birmingham Premises Inspection Health and Safety refresher course. Food and Faith Training PACE Regulators Compliance Code
In addition to the training listed above each year the following also forms part of the staff development programme:-
(i) The food team have at least one awayday when they review amendments to legislation, Code of Practice and team procedures. Officers that are not members of the food team but that are authorised under food safety legislation attend these days.
(ii) The team hold regular meetings to discuss issues of importance. If there are update issues being discussed all officers authorised under the FSA attend.
(iii) At Environmental Health staff meetings the Food Team update all their colleagues.
The service operates a time recording system whereby officers allocate the time spent on different activities on a weekly basis.
The Council meets IIP standards and operates an annual development review system. Training needs are identified at the time of the appraisal and column 4 of the table above indicates the training requirements relevant to the food safety service. It is recognised that the availability of training opportunities in some subjects is very limited and the Gloucestershire Food Group tries to facilitate local courses.
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5.0 QUALITY ASSESSMENT
5.1 Quality Assessment
The Council holds Investors in People Status (IIP) which it first achieved in 2001. The Council does not currently participate in any other externally accredited quality assessment model.
A detailed Food Safety Enforcement Monitoring Procedure has been adopted by the team. The purpose of this document is to monitor the quality and consistency of our delivery of Food Safety Enforcement.
The Food Team participates in inter-authority audits under the aegis of The Gloucester Food Safety Group. The last audit was in autumn 2004 and focused on documentation.
In addition in March 2003 the Food Service was audited by the Food Standards Agency. This audit focused on our Enforcement Activity. A detailed report together with an action plan was provided. The Action Plan has been fully adopted and signed off by the FSA.
6.0 REVIEW
6.1 Review against the Service Plan
Review against the Service Plan will be carried out throughout the year. The review will focus on the Performance Indicators in Appendix 3. Progress on our targets is reported to the Cabinet Member for Housing and Health at regular intervals.
Throughout this Service Plan reference has been made to the previous year’s performance in various areas and to planned improvement in the current year.
6.2 Variation against Service Plan
The information in Appendix 3 indicates the Section’s performance against the BV and Local PI’s for 2006/07.
6.3 Areas of Improvement
The Food Team will be measured in accordance with NI184 and will contribute to the score for NI182. A number of areas for improvement have been identified, particularly in the area of consultation with stakeholders:-
• The Food Safety Team will continue to focus on carrying out interventions at high risk food premises. Officers will place emphasis on the importance of training and the identification and control of food safety hazards and SFBB where appropriate.
• Officers will continue to review risk scores for all food businesses as and when they are inspected and in team meetings. By continuous review and comparison scoring will become more consistent.
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• Officers will focus their attention on premises that are not currently ‘broadly compliant’ with food safety legislation as defined by NI182. The aim will be to increase the percentage of premises that are broadly compliant in the City from 75% to 82% during the coming year.
• The Regulators Compliance Code will be embedded in all our Enforcement Procedures and approaches. All inspections will have a reason and will be risk based.
• Continue to provide a structured and ongoing programme of Environmental Health News and Information releases to promote the service and improve public awareness.
• To continue to develop, review and update documented procedures in a common format for all areas of food safety work.
• Ensure that all customers receive a copy of our accessible version of enforcement policy including reference to the Enforcement Concordat.
• Develop benchmarking comparisons in partnership with other organisations.
• To maintain and extend the County-wide scheme to reveal “scores on the doors” for food premises other than caterers.
• To implement the requirements of the New Food Law Code of Practice due to be published in May 2008 and structure our service provision accordingly.
• To develop and implement a range of alternative intervention strategies where appropriate and in accordance with the Food Law Code of Practice.
• To continue to run SFBB workshops for all appropriate establishments.
• To hold the Food Premises Register permanently on the City Council website.
• To increase the level of activity with regard to imported food by way of labelling checks and sampling to record this activity.
• To be an upper quartile performing Authority for NI182 and NI184 by 2010.
Food Service Plan 2008-09 APPENDIX 1
Chief Executive (Julian Wain)
Director of Strategy Director of Director of Services Director of and Development Regeneration and Neighbourhoods Resources (Amanda Wadsley) (Phil Staddon) (Martin Shields – start (Peter Gillett – start date date 14 July 2008) to be confirmed)
Finance Page 94 Policy Forward planning Client – Housing GCH Accountancy Performance Housing Strategy Client – Streetcare Enterprise Audit Communications Economic Development Client – Leisure Leisure Trust IT Community Strategy Regeneration and Culture Revs and Bens Business Improvement Marketing Museums and Heritage Sports Development Procurement Organisational development alliance Development Control Homelessness Payroll HR Building Control Allocations Creditors/Debtors Equalities Building Design Environmental Health Corporate Governance Community Engagement Property management Regulatory Services and Risk Management Legal Facilities management Cemeteries and Crematorium Business Continuity Planning Democratic (including catering) Customer Services S151 Officer Electoral O/S parking Shopmobility Admin Markets Community Safety (Monitoring Officer) Emergency planning
Food Service Plan 2008-09 APPENDIX 2
ENVIRONMENTAL HEALTH ORGANISATIONAL CHART
EH MANAGER (Domestic / Pollution) (PT –0.8) EH MANAGER (Commercial) Healthy Homes / Contaminated Land Food Safety Public Health / Air Quality Health and Safety Pest Control / Noise Pollution Licensing
Senior EHO (FT) EHO/Snr PCO Contaminated Snr EHO/Snr H&SO Snr EHO (Food) Licensing & Enforcement (FT) Land Officer (FT) (FT) (FT) Manager
A.U.R.O H&EO H&EO EHO EHO PCO (FT) PCO (FT) EHO (FT) (FT) (HMO’S) (HMO’S) (FT) INCLUDING H&SO H&SO H&SO (FT) FSO FSO FSO Page 95 (FT) (FT ) OUT OF HOURS (FT) (FT) (FT) (FT) (FT) (PT 0.5) EMPTY HOMES OFFICER Snr Pest CO LEO LEO EO (FT) (FT) (FT) (PT 0.5) (Smokefree) (PT 0.6) ADMIN ASSIST Pest CO (FT)
J WELLS / H CLARKE EH and Licensing Admin Team 3 Posts 2 x D 1 x B
Food Service Plan 2008-09 APPENDIX 3
Best Value and Local Performance Indicators
Best Value and Local Performance Indicators Results up to 2007/08 and Targets for 2008/09
PI No Performance Indicators Actual Actual Actual Actual 2008/09 Lead (ref. + description) 2004/05 2005/06 2006/07 2007/08 Target officer HH09 i) % food premises inspected – high risk A 100% 100% 100% 100% N/A G Ragon B 98.25% 100% 100% 100% new target C 88.39% 90% 100% 100% NI184
HH09 ii) % food premises inspected – other risk 75% 80% 80% 57% N/A G Ragon Page 96 new target NI184 HH20 Number food samples taken 55 78 127 115 100 G Ragon
EEF2 i) No. of food handler training events 9 8 23 8 G Ragon
Respond to 96% of food service requests within 3 92.7% 96% 94% 95.3% 96% G Ragon/ days J Wight
BV166 Enforcement Best Practice 87% 93% 100% 100% 100% G Ragon/ J Wight NI182 Business satisfaction with regulatory services 96% G Ragon/ J Wight NI184 % of food businesses in district that are ‘broadly 75% 82% G Ragon compliant’
Food Service Plan 2008-09 Page 97 Agenda Item 9
CABINET DECISION TRACKER AND MONITORING FORM (To accompany all Cabinet decisions [key and non-key] except reports for information and noting) (*F11 to form fields)
1. SUBJECT
(a) Title: Local Authority Business Growth Incentive Scheme
(b) Ward:
2. *KEY DECISION/*DECISION TO BE CONSIDERED (As per recommendations of report) (Delete as appropriate)
Cabinet recommends to Council that LABGIS money be used for:
a) Christmas activities 2008 £100,000 (up to) b) Business and Tourism £100,000 c) Support for budget 2008/9 £150,000 d) Held in reserve £202,511 £552,511
3. SUMMARY OF THE ISSUE
(a) Background
Local authorities receive government grant to reflect the growth in business rates received in the previous financial year. This is a special grant for three years – 2006/7, 2007/8 and 2008/9. In the first year Gloucester received £357,467. For the second year the Council has received £1,273,773. In the third and final year the council has received £552,511. £88,393 is an additional payment for Year 2 and £464,118 is the payment for Year 3.
At the Council meeting on 14 th February 2008 the budget was approved for 2008/9 with £150,000 allocated for the revenue budget from the LABGIS allocation. Now that the Council has been notified that it has received £402,511 more than estimated it is appropriate to consider the allocation.
(b) Financial Implications (Bring in from report)
As contained in the report.
(c) Legal Implications (Bring in from report)
As contained in the report.
(d) Risk Management Implications
Separate logs will be provided for the projects. The risk of the budgets being commfold\comgen\newtracker.doc Page 98
insufficient for the projects is assessed at 4 (2 likelihood x 2 impact).
(e) Predictive Impact Assessments (Equalities)
The project manager for the Christmas project will identify any risks.
(f) Other Corporate Implications
Community Safety
The project managers will deal with all the community safety issues.
Environmental
The project managers will deal with all the environmental issues.
Staffing
None.
Trade Union
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4. REPORTING DATES Who? Date
(1) CMT:
(2) Cabinet Briefing:
(3) OSM: (Pre-Scrutiny - key decisions only)
(4) Cabinet:
5. RESPONSIBILITY
Portfolio :
Lead Officer :
6. CONSULTATION (To be carried out or carried out (including method and dates, required for Key decisions only - information must link with information on consultation contained in the Forward Plan).
6.1 Stakeholders (including Ward Councillors where appropriate)
6.2 Outcome (Brief summary and ref. for minutes, other related documents)
7. OPTIONS (to be considered/considered - brief summary and reference to reports where appropriate)
8. OVERVIEW & SCRUTINY MANAGEMENT COMMITTEE - PRE-SCRUTINY COMMENTS (Key decisions only)
9. ADDITIONAL OPTIONS CONSIDERED (other than those specified in the report)
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10. CABINET DECISION TAKEN (If in line with 3 above, say, ‘In accordance with 3 above’ - Expand if the decision is otherwise e.g. where views/suggestions of Executive Scrutiny Committee have been taken into account)
11. CONSULTATION/ADVICE (Delete as appropriate)
11.1 Have the consultation comments been taken into account? YES / NO
(Key Decisions only)
11.2 Was the decision taken in accordance with officer advice? YES / NO
12. REASONS FOR THE DECISION:
13. INTERESTS (Details of any interests declared by a Member or Officer in the subject matter of the decision either (a) personal or (b) personal and prejudicial) :
14. DISPENSATION (Details of any dispensation granted by Standards Committee) :
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Gloucester City Council
COMMITTEE : GLT Cabinet Briefing Scrutiny Cabinet Council DATE : 10 th June 2008 18 th June 2008 7th July 2008 9th July 2008 24 th July 2008 SUBJECT : Local Authority Business Growth Incentive Scheme DECISION TYPE : WARD : REPORT BY : Cabinet Member Corporate Performance and Resources NO. OF APPENDICES : None REFERENCE NO. : RMD200810
1. PURPOSE OF REPORT
1.1 To present the proposals for use of the additional LABGIS money for 2008/9.
2. RECOMMENDATIONS
2.1 Cabinet recommends to Council that LABGIS money be used for:
a) Christmas activities 2008 £100,000 (up to) b) Business and Tourism £100,000 c) Support for budget 2008/9 £150,000 d) Held in reserve £202,511 £552,511
3. BACKGROUND
3.1 Local authorities receive government grant to reflect the growth in business rates received in the previous financial year. This is a special grant for three years – 2006/7, 2007/8 and 2008/9. In the first year Gloucester received £357,467. For the second year the Council has received £1,273,773. In the third and final year the council has received £552,511. £88,393 is an additional payment for Year 2 and £464,118 is the payment for Year 3.
3.2 At the Council meeting on 14 th February 2008 the budget was approved for 2008/9 with £150,000 allocated for the revenue budget from the LABGIS allocation. Now that the Council has been notified that it has received £402,511 more than estimated it is appropriate to consider the allocation.
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4. INFORMATION
4.1 Christmas Activities
4.1.1 The council budget for 2008/9 did not include any allocation for the additional Christmas activities. In order to provide similar facilities to Christmas 2007 it will be necessary to provide a budget of £100,000.
4.1.2 This will be sufficient to deliver the ice rink, markets, catering, lights, entertainments, and the opening switch on ceremony. Discussions are still ongoing with an ice rink provider and potential sponsors and, at this stage, the sum of £100,000 will be treated as a maximum figure.
4.2 Business and Tourism
4.2.1 The City Council is still recovering from the impact of the floods and is now faced with an uncertain economic outlook.
4.2.2 There has been widespread support for initiatives such as the Tall Ships Festival and the Antiques Fair which have encouraged more people to visit Gloucester.
4.2.3 A provision of £100,000 is proposed to enable special events to take place. An event of this type to be funded from this budget will be the Food Festival.
4.3 Marketing Alliance
4.3.1 Cabinet will need to consider whether a further council revenue contribution is required in support of the company in its first year of operation.
4.4 Budget 2008/9, 2009/10 and 2010/11
4.4.1 The Government has set an extremely tough grant settlement for these three years. The grant has increased by 1% in 2008/9 and only 0.5% for each of 2009/10 and 2010/11.
4.4.2 The forecast savings requirements are £827,000 for 2009/10 and £506,000 for 2010/11. It would be prudent to retain the balance of LABGI grant until the 2009/10 budget is resolved.
5 FINANCIAL IMPLICATIONS
5.1 The LABGIS grant for 2008/9 is £552,511. The recommended allocation for 2008/9 is as follows:
£ 1. Christmas activities 2008 £100,000 (up to) 2. Business and Tourism £100,000 3. Support for budget 2008/9 £150,000 4. Held in reserve £202,511 Total 525,511
5.2 Name of the Officer: Keith Birtles
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6 LEGAL IMPLICATIONS
6.1 Any increase in allocation for the Marketing Alliance may tip the balance of whether the Company is a proper private company or a Local Authority controlled company and thus requiring the EU procurement rules to be applicable.
6.2 Special events and the Christmas celebrations will be subject to letting of contracts under Standing Orders or a waiver of them. Contracts will still need to be in place before the events in question.
6.3 Name of the Officer: Gary Spencer
7 RISK MANAGEMENT IMPLICATIONS
7.1 Separate risk logs will be provided for the projects. The risk of the budgets being insufficient for the projects is assessed at 4 (2 likelihood x 2 impact).
8 PREDICTIVE IMPACT ASSESSMENTS (EQUALITIES)
8.1 The project manager for the Christmas project will identify any risks.
9 OTHER CORPORATE IMPLICATIONS
10 Community Safety
10.1 The project managers will deal with all the community safety issues.
11 Environmental
11.1 The project managers will deal with all the environmental issues.
12 Staffing
12.1 None.
13 Trade Union
13.1 None.
Background Papers : None
Published Papers : None
Person to Contact : Keith Birtles Tel: 396400 E-mail: [email protected]
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Gloucester City Council
COMMITTEE : CABINET BRIEFING SCRUTINY CABINET COUNCIL
DATE : 25 JUNE 2008 7 JULY 2008 9 JULY 2008 24 JULY 2008
SUBJECT : GLOUCESTERSHIRE LOCAL AREA AGREEMENT 2008-11
DECISION TYPE : NOTING
WARD :
REPORT BY : LEADER OF THE COUNCIL
NO. OF APPENDICES : NONE
REFERENCE NO. : RMD200812
1.0 PURPOSE OF REPORT
1.1 To advise members of the Gloucestershire Local Area Agreement 2008-11.
2.0 RECOMMENDATIONS
2.1 Cabinet are requested to :-
1. Note the agreed Gloucestershire Local Area Agreement 2. Endorse the City Council’s contribution to the objectives and targets 3. Continue to receive further reports and monitor progress against the LAA
2.2 A copy of the 2008-2011 Gloucestershire Local Area Agreement is available on the intranomic, in each of the Group Rooms and from the Chief Executive. There will also be a copy available at the meeting.
RMD200812/REPORTS2008 1 Page 106
3.0 BACKGROUND
3.1 This is the second year of the Gloucestershire Local Area Agreement. The LAA has been refreshed to set out new and improved targets, partly as a result of the new national indicator set. It builds on the foundations provided by the Gloucestershire Sustainable Community Strategy and on the priorities set in the first LAA.
3.2 The refreshed LAA has been built up from the New National Indicator set, quality of life indicators and from discussion within the responsible Thematic partnerships. All Gloucestershire local authorities and the relevant public and voluntary sector partners have also been consulted.
3.3 The draft LAA has been approved by the Accountable Bodies Group, on which the City is represented by the Leader, and by the County Council’s Cabinet to whom is given the ultimate responsibility for approval by the guidance.
4.0 FUTURE WORK
4.1 Members will note that in the report elsewhere on your agenda relating to the Corporate Plan ‘Building a Better Gloucester’, a number of the LAA targets are incorporated into the Corporate Plan and thus become key indicators for the City. Close attention will be paid to the delivery of these, together with relevant monitoring and scrutiny by officers and members.
4.2 The Performance Management Approach to the LAA as a whole is set out at Section 12 of the document. I suggest that members should receive a relevant summary of the overall LAA data on a periodic basis.
5.0 FINANCIAL IMPLICATIONS
5.1 There are no direct financial implications as a result of this report, although members will recall that successful achievement of LAA targets will result in the payment of Performance Reward Grant to all the Gloucestershire partners.
5.2 Name of the Officer: Keith Birtles
6.0 LEGAL IMPLICATIONS
6.1 The Local Government White Paper 'Strong and Prosperous Communities' published in October last year set out different arrangements for Local Area Agreements and the new LAA will have taken these into account.
6.2 The LAA's are an important mechanism for agreeing and providing local priorities and an important part of a Councils performance mechanism.
6.3 Otherwise there are no specific legal implications.
6.2 Name of the Officer: Gary Spencer
RMD200812/REPORTS2008 2 Page 107
7. RISK MANAGEMENT IMPLICATIONS ( Authors to complete) Identify all key risks (scoring 8 and above) for the recommendation including the impact and likelihood of the risk occurring and what measures will be taken to mitigate the risk.
7.1 Failure to achieve the LAA targets on a County wide basis will result in the loss of performance reward grant. Failure to achieve the City Council contribution will result in potential reputational damage.
8.0 PREDICTIVE IMPACT ASSESSMENTS (EQUALITIES) (Authors to complete) Identify all risks for customers and staff, in the areas of gender, disability, age, race, religion, sexual orientation etc.
8.1 The LAA has received an Equalities Impact Assessment. The promotion of Equalities and Diversity is a cross-cutting theme of the LAA and is central to the process. It will be embedded in the services we deliver.
9.0 OTHER CORPORATE IMPLICATIONS
1. Community Safety (Author to complete)
There are significant targets and objectives relevant to this theme.
2. Environmental (Author to complete)
The protection and maintenance of the environment is a central theme of the LAA.
3. Staffing (Personnel to complete )
None directly through this report.
4. Trade Union (TU to complete)
To follow
Background Papers : Gloucestershire Local Area Agreement 2008-2011
Published Papers : As above
Person to Contact : Julian Wain Tel: 396200 E-mail: [email protected]
RMD200812/REPORTS2008 3 Page 108
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Gloucestershire Page 109 Local Area Agreement 2008-2011
Final Draft (29 May 2008) Contents
Page 1. Introduction 3 2. Gloucestershire Today: The Gloucestershire Story 4 3. Our Place: Our Future 6 4. Bridging the blocks: How we are dealing with cross- 7 cutting issues, including
• Equalities Statement Page 110 • Sustainability Statement 5. Children & Young People Theme 13 6. Economic Development & Enterprise Theme 29 7. Healthier Communities & Older People Theme 37 8. Natural & Built Environment Theme 48 9. Safer & Stronger Communities Theme 58 10. Governance 77 11. Delivery Principles 79 12. Performance Management 81 13. Partners 83 Appx 1 Statement of Third Sector Involvement 84 Appx 2 Reward Element Stretched Targets 87
2 1. Introduction
Gloucestershire’s Local Area Agreement is now in its second year. This refreshed LAA builds on the strong foundations provided by our recently-agreed Sustainable Community Strategy, and on the priorities we set out in our first Local Area Agreement. This last year has seen partners focussing their efforts on the outcomes agreed at the beginning of April 2007. Partners have worked together to target issues ranging from reducing anti-social behaviour to promoting renewable energy installations and increasing the number of adults gaining NVQ2-level qualifications. In some areas partners have achieved national acclaim – Gloucestershire’s Warm and Well scheme has been held up as a national exemplar by DeFRA – and in all areas we have worked to join up our efforts to tackle what is important to local people. Over the coming three years partners will work to improve outcomes for children, support people back into work, improve skills for all age groups, reduce smoking, support carers, help older people to live more independent lives, tackle fuel poverty, address the causes and consequences of climate change, tackle crime and the fear of crime, and continue to make Gloucestershire a place where people want to live, work and visit. Page 111 This document is only the beginning – it represents the first three years of the 10-year vision set out in the Gloucestershire’s Sustainable Community Strategy. The challenge now is to deliver those aims, remain focussed and continue to work together to improve the quality of life in Gloucestershire. We are grateful to all those partners who have used their knowledge and expertise to help to shape this agreement, have led and contributed to the development of priority outcomes and targets and have committed resources and effort to making real improvements for local people.
3 2. Gloucestershire Today: the Gloucestershire Story
Gloucestershire is a great place to live and work – a place to be proud of. We have a healthy, thriving and balanced economy; there are high levels of social well-being with most people enjoying a good quality of life; and a natural and built environment which can offers idyllic countryside settings in close proximity to urban centres and villages rich in history and culture. Gloucestershire is essentially a large rural shire county with the two urban centres of Gloucester and Cheltenham lying at its heart. The county is home to several areas of outstanding natural beauty, including one of the largest in the country.
However, we know that we face a number of challenges that we will have to tackle in order to maintain this high quality of life for future generations.
Gloucestershire is a popular destination for affluent in-migrants looking to retire and have an improved quality of life. As a result the Page 112 County has an increasingly ‘ageing population’ – a trend which is set to continue over the next 25 years and therefore creating an added pressure for public services.
Growth will need to be managed in a sustainable way, particularly in relation to the County’s infrastructure. Policy decisions need to consider how best to sustain this idyllic rural setting while addressing the needs of the local population. Remote parts of the County see a high and increasing dependency on the use of car both to travel to work and for leisure. With a surplus of employment in the County’s urban core there is considerable movement between districts.
While the County as a whole is relatively affluent with low unemployment, above average educational attainment and relatively good health, we know that the same is not true for everyone, or indeed every part of Gloucestershire. There are areas with high levels of deprivation, mainly in the urban centres of Gloucester and Cheltenham, but also in smaller and more dispersed pockets in rural areas. One of our challenges is to improve outcomes in these areas whilst maintaining already high performance as a whole.
In the summer of 2007 Gloucestershire experienced a flooding emergency that provided a stark reminder of the impact of Climate Change and the need to have strong strategies in place to build resilience through mitigation and adaptation.
We also know that we will need to tackle these issues within an increasingly challenging context in terms of resources. This will mean we will need to work even harder with partners to identify ways of providing services more efficiently and in a more joined-up way. This will demand creativity, determination and a strong commitment to working together. For this reason, we see the LAA as
4 an important vehicle for change. As a result, the theme of preserving a high quality of life while tackling those issues that could threaten our future has strongly influenced the development of this LAA and our choice of priorities and targets.
The full version of the Gloucestershire Story is available online at http://www.gloucestershire.gov.uk/media/adobe_acrobat/i/5/County%20Story.pdf
Page 113
5 3. Our Place: Our Future
Gloucestershire has recently agreed a new Sustainable Community Strategy that sets the ten-year vision and overall direction for this LAA.
The strategy has a strong focus on sustainable development. Its vision is for Gloucestershire to be a place where: • the actions we all take today mean that Gloucestershire remains a great place to live and work, and • we do not compromise the quality of life for future generations
The five aims of the strategy are for Gloucestershire to be: • A place where the future matters • A place where communities matter Page 114 • A place where everyone matters • A place where people want to live • A place that thrives
Each of these aims is supported by specific targets within the Local Area Agreement, making sure that our medium term plans support our long-term vision.
However, we also recognise the need to set specific long term goals to make sure that we are on track to achieve the aims of the strategy. Since its inception, the Gloucestershire Strategic Partnership has used a broad set of Quality of Life indicators to provide a means of monitoring the overall performance and direction of travel of Gloucestershire as a whole. The GSP is now in the process of agreeing a new set of 10-year targets, building on Quality of Life indicators and the new National Indicator Set. Wherever possible, LAA targets will act as medium term milestones against these long-term trajectories.
6 4. Bridging the themes: How we are dealing with cross-cutting issues
From the very earliest stages of developing this Local Area Agreement, partners have been keen to avoid dealing with each of the themes in isolation. Whilst we have retained a governance structure that reflects the 5 themes, we want to use the themes to drive improvements for local people, without being restricted by them.
As a result of this early deliberation, two cross-cutting themes were identified which will underpin all outcomes of the local area agreement. These are: • Equalities • Sustainability.
The Equalities Statement and Sustainability Statement below set out how we see these key underpinning principles being integrated into the LAA. Page 115
7
Equalities Statement
Principles and Commitment The underlying vision of the Local Area Agreement ‘narrowing the gap’ implicitly demands that its planning and delivery engages with and addresses the needs of Gloucestershire’s most disadvantaged and excluded communities.
The county of Gloucestershire and the communities within it have differing backgrounds and needs, and as partners we support and celebrate this diversity. Each of the geographic areas is unique with its own individual culture and heritage. This diversity within our communities adds to the richness of the county and is a source of great potential that can benefit the whole of Gloucestershire.
Page 116 It is our duty to promote equality of opportunity. As partners we must understand the differing needs of our various communities and ensure that the people of Gloucestershire have equal access to the services we seek to provide.
In support of this aim, we will promote the use of Equality Impact Assessments. This will inform decision-makers of the likely impact that their policies and procedures may have on the various communities. The process will identify whether any group or individual will be disadvantaged by reason of 6 main equalities strands: age, disability, gender, race, religion or belief and sexual orientation. It will provide a focus for consultation and reassessment of the proposed actions.
In achieving this objective, we are mindful of legislative and best practice initiatives, but seek to encourage achievement beyond the required standards.
In particular, we will embrace the duties under the Race Relations Amendment Act 2000 and the Disability Discrimination Act 1995 and 2005. We are committed to eliminating racial discrimination, promoting Equal Opportunities and promoting good relations between different racial groups.
We will also promote equal opportunities for disabled people, eliminate unlawful discrimination and/or harassment of disabled people, promote positive attitudes towards disabled people, encourage the participation of disabled people in public life and take steps to take account of a person’s disability.
8 These principles will inform and support our commitment to eliminate discrimination and promote equality of opportunity under the remaining diversity strands. We will fully engage with any future equalities legislation.
In delivering services, we will ensure that all our customers are treated with fairness, dignity and respect. In our work together, and individually, we will continually strive to improve the quality of life for people who live and work in Gloucestershire.
Equality and diversity are central to all we do and will be embedded in all the services we deliver.
Processes and Mechanisms The Third Sector, which is often most effective in engaging socially excluded communities, has played a key role in ensuring that the needs of such disadvantaged communities are considered in the LAA by: • Highlighting the needs of disadvantaged groups at stakeholder conferences • Identifying outcomes and delivery mechanisms which will address inequality Page 117
An equalities proofing tool, adapted from the Access and Inclusion Proofing Tool designed for the Gloucestershire Strategic Partnership, has been developed and promoted by the third sector for use in conjunction with the LAA.
Block leads have been asked to use this tool to proof their block targets and performance indicators. The October 2006 Stakeholders event engaged stakeholders further in this process. The results of this proofing have been fed back to the LAA Project Team.
In line with Stronger and Safer Communities targets, it is also expected that the partners will adopt equality impact assessments for all major projects and initiatives associated with the LAA.
9 Equalities Impact To date, the proofing process has highlighted that the services planned across the LAA blocks will aim to address the needs of the most socially excluded communities across Gloucestershire through:
• Provision that targets geographical areas where the most deprived communities are located e.g. smoking cessation services are focused on areas of greatest poverty • Increasing employment opportunities for under-represented groups such as BME communities • Co-ordination and support for volunteering from deprived groups, e.g. people with mental health problems who, through volunteering, may be enabled to access other learning and employment opportunities • Promoting equity of access to affordable warmth by targeting groups e.g. older people who might be at risk of fuel poverty and its associated problems
• Building respect in communities, lessening anti-social behaviour and lessening hate crime which impacts socially excluded Page 118 groups such as black and minority ethnic groups, gay, lesbian, bisexual or transgender people • Promoting new initiatives linked to schools and sports centres to support inclusion of children and young people with disabilities in social and leisure activities • Implementing equalities standards and developing a countywide equalities network which can provide the information and expertise to support and guide the delivery of the LAA and provision of services to socially excluded groups.
10
Sustainability Statement
Partners are committed to making sure that the improvements delivered through the Local Area Agreement represent best practice with respect to sustainability.
We understand sustainable development as being “development that allows this generation to live well, without compromising the ability of future generations to live well.” (Vision 21)
Although we recognise that there is still work to be done in order to fully embed sustainability in our thinking so that it becomes second-nature, partners in Gloucestershire have worked to build sustainability in from the start when developing this LAA. Some of the ways we have done this are:
• Making an explicit commitment to sustainability as a cross-cutting principle underpinning the LAA. Page 119 • Developing the LAA within the context of a 10-year vision for Gloucestershire in order to encourage more long-term thinking and to tackle the issues that will be important for Gloucestershire’s future wellbeing, as well as those issues we are facing today. • Working with those third sector organisations who have expertise to offer in this area to foster a wider understanding of the issues involved. • Engaging stakeholders in the process of “sustainability proofing” each outcome and its delivery plan at an early stage. • Identifying and seeking to address any issues arising from this proofing process. • Committing ourselves to continuing the process of sustainability proofing and making clear our expectation that all partners responsible for delivery under the LAA will continue this process of sustainability proofing at the point of delivery. • Including a fifth block within the LAA (Natural & Built Environment), which will focus partners’ energy and effort on the challenge of tackling the causes of climate change.
11 Other cross-cutting approaches to delivery: how culture, sport, lifelong learning & food will contribute
The contribution of culture and lifelong learning to the Community Strategy of the county is supporting Gloucestershire to be a more vibrant, distinctive, active and fun place to live, learn and work.
In relation to four of the themed blocks cultural and lifelong learning services will support specific targets as follows;
Ensuring that culture, leisure and active recreation opportunities are more available to disabled children (NI 54) and helping improve attainment and emotional well being for children in care through out of hours learning opportunities (statutory NI.s 99,100,101 and designated NI 58).
Supporting economic development targets by providing functional english for migrant workers (NI 13) and helping those on Page 120 incapacity benefit to develop skills that will help their return to and sustainable participation in the labour market (EDE 2).
Promoting creative and active lifestyles to improve physical and mental well being at all ages and, working in partnership with Active Gloucestershire, ensuring targets in sport and physical activity are met (NI 8 and 57). To provide specific support to the fall prevention target (HCOP 3) by increasing tai chi and gentle exercise classes for older people.
Increasing opportunities in disadvantaged communities for access to and participation in culture, leisure and active recreation. Culture is often the focal point for communities to come together therefore promotes community cohesion (NI 1). Cultural events, faith and links to the past enable communities to retain their sense of identity and place, influencing satisfaction with the local area (NI 5). Culture and lifelong services will promote active citizenship and informal learning both of which empower individuals and can encourage volunteering (NI 6/SSC 2).
In relation to food, the county has its own Policy Framework, the Gloucestershire Food Vision that works across health, education, food safety and industry to deliver in the long term healthy, safe and affordable food. It will continue to provide a focus on food to improve our knowledge and understanding about food, working across the blocks in order to deliver the relevant NI’s as well as the policy aims.
12
5. Children & Young People Theme
Children and young people in Gloucestershire 23.68% of Gloucestershire’s population are children and young people aged 0-19. It is expected there will be 13.10% decline in the number of 0-19 year olds in the county by 2026. Most children and young people experience good health, well-being and educational achievement.
Vulnerable children and young people in Gloucestershire There are 2,535 children and young people identified as being in need in Gloucestershire (Social Care Management Information System, as at 10 th March 07). This means children who are known to Children’s Social Care Services or receiving support from another agency or organisation funded by Children and Young People’s Services, and includes
• Looked After Children, who are likely to experience poorer health outcomes, educational achievement, progression to post- Page 121 16 learning and access to support services • Children on the Child Protection Register who are deemed to be at risk of, or who have experienced, significant harm or abuse.
Some children and young people living in rural areas experience unequal access to local services, lack of public transport, and feel like they have ‘nothing to do’ and ‘nowhere to go’, and are disadvantaged due to living in pockets of deprivation. Some children and young people living in parts of the two urban centres of Gloucester and Cheltenham have considerable problems associated with deprivation, including poor health outcomes and educational under-achievement.
Our Vision The vision of the Children and Young People’s Strategic Partnership for children and young people in Gloucestershire is for every child to: • thrive and reach their full potential • succeed in school, at college, and through apprenticeships and work-based training • grow up healthy • have every opportunity to grow into successful adults • be protected from abuse and neglect, and feel safe in their families and communities
13 • be confident and make the most of available opportunities, within families and communities that are able to care for them as they grow
Working together In order to achieve our vision and better outcomes for children and young people, the Local Area Agreement focuses on progressing key priorities within the Gloucestershire’s Children & Young People’s Plan where clarity about outcomes and strong partnership working are essential. The CYPP currently focuses on seven identified priorities linked to the five Every Child Matters (ECM) outcomes:
ECM Outcome Priorities Be Healthy • Improve emotional health and well-being Stay Safe • Enhance personal safety • Improve outcomes for children and young people with disabilities Page 122 Enjoy & Achieve • Improve attainment of the most vulnerable groups • Expand and co-ordinate support for young families Make a Positive Contribution • Reduce levels of offending Achieve Economic Wellbeing • Improve choices for 14-19 year olds
The proposals in the CYP Theme of the LAA seek to realise this vision by:
• improving educational attainment for all children and young people, with a focus on vulnerable children • improving physical and emotional health and well-being • improving economic well-being through a focus on prevention, early intervention and tackling inequalities.
Outcomes and priorities
Be Healthy: Although health outcomes in this area are good, there is a need to improve the emotional health and well-being of all children and young people. Including those with emotional, behavioral and/or social disorders and CYP with Learning Difficulties and/or Disabilities. There is a particular focus on Looked After Children (LAC (Children in Care) who nationally experience significantly worse mental health than all children. The Healthy Schools programme focuses on prevention and supporting all CYP, through a whole school or centre approach, to the provision of personal development and well-being for CYP and the wider community.
14 Developing the effectiveness of CAMHS supports the improvement of early identification and intervention for CYP with mental health problems through to specialist child and adolescent mental health services including a full range of services for CYP with Learning Difficulties and/or Disabilities.
Stay Safe: Gloucestershire is maintaining its commitment to ensuring that CYP have security, stability and feel well cared for. That CYP are protected from harm and their welfare is promoted through effective joint working with a particular focus on consistent prevention. The Local Area Agreement (LAA) will improve outcomes by:
• focusing on the most vulnerable groups through the use of and further development of the Common Assessment Framework (CAF), which will develop more effective, earlier identification of additional needs, particularly in universal services by promoting integrated working and co-ordinated service provision.
• focusing on the quality of provision of services for CYP with Learning Difficulties and/or Disabilities (including access and Page 123 empowerment, responsive services, timely support and improving service quality and capacity); as nationally compared with their non-disabled peers in achieving the 5 outcomes, they are disadvantaged on every count. They are more likely to grow up in poverty, have lower educational achievement, are less likely to live independently when they grow up, and half as likely as their non-disabled peers to get into paid work. Many of these circumstances are less to do with their disability itself, but rather to do with social, attitudinal and physical barriers.
Enjoy and Achieve: Overall CYP in Gloucestershire achieve well academically and there continues to be good progress made in the quality of education in schools and early years settings; however the continuing improvement of outcomes for Looked After Children (LAC) remains a high priority. Their educational outcomes should be at the same level as other children of similar prior attainment.
The statutory targets focus on educational attainment from Early Years (crucial to a child’s later success) through to Key Stage 4 (good outcomes are a key to employability and further study). Within that focusing on LAC (Children in Care) as nationally outcomes tend to be poor compared to all children and our aim is to narrow the gap.
Make a Positive Contribution: The positive perception of young people in Gloucestershire has been developed through many activities, including:
15 • the Community Action Awards which recognises young people aged 5-18 for what they do to help other people or persons through sport or activity based rewards • consultation and engagement of young people in the Youth Offer • proactive media plans / campaigns to gain more positive coverage of improved perception of young people as positive citizens.
The priority under this outcome is to reduce levels of offending, including identification of young people at risk of offending and development of the preventative programmes. The main focus of this work will be in the Safer & Stronger Communities theme.
Achieve Economic Well-being: Gloucestershire has made good progress in the number of young people not in education, employment and training (from 5.2% 04- 05 to 4.6% in 06-07) and has invested in appropriate facilities in schools across the county to support the vocational elements of the 14-19 curriculum. However more still needs to be done to improve outcomes for 14-19 year olds, which includes partnership Page 124 working. Nationally we have more young people dropping out of education and training before the age of 18 than in many other countries and non-participation in education, employment or training after compulsory education is a major predictor of later employment, low income, depression, involvement in crime and poor mental health. The LAA will improve outcomes by focusing on engaging disaffected young people back into education and training, including transition into adult life and support into training.
The Local Area Agreement also makes strong links with other blocks, to further secure the improved outcomes for children and young people.
Stronger and Safer Communities: • prevention and reduction of offending
Healthier Communities and Older People • improving health outcomes for vulnerable children and young people, including prevalence of breastfeeding at 6-8 weeks from birth and participation in high quality physical activity
Natural and Built Environment: • a shared commitment to sustainable communities where every child matters, for example, sustainable school travel plans
16
Outcome 1 Improved educational attainment for children and young people, including vulnerable children and young people. Accountable Manager: Jo Grills, Director of Learning and Development, Gloucestershire County Council Tel: 01452 425301; Email: [email protected]
Performance Indicators Targets Other Accountable (Designated indicators are Baseline (designated targets are marked *) Lead Partner Contributing marked *; Statutory indicators Manager are marked [S]) 2008/09 2009/10 2010/11 Partners Karen Charters NI 72 – Achievement of at Head of
least 78 points across the Improvement, Page 125 Early Years Foundation CYPD Stage with at least 6 in each Gloucestershire Gloucestershire of the scales in Personal 64.7% 60.0% County Council None County Council Social & Emotional Development & 01452 425464 Communication, Language karen.charters@glo & Literacy [S] ucestershire.gov.uk
Karen Charters Head of Improvement, CYPD NI 73 – Achievement at Gloucestershire level 4 or above in both Gloucestershire 76.0% 82.0% County Council None English & Maths at Key County Council
Stage 2 [S] 01452 425464 karen.charters@glo ucestershire.gov.uk
17 Karen Charters Head of Improvement, NI 74 – Achievement at CYPD level 5 or above in both Gloucestershire Gloucestershire None 73.0% 81.0% English & Maths at Key County Council County Council Stage 3 [S] 01452 425464 karen.charters@glo ucestershire.gov.uk Karen Charters Head of
Improvement, Page 126 NI 75 – Achievement of 5 or CYPD more A*-C grades at GCSE Gloucestershire Gloucestershire None 59.0% 61.0% or equivalent including County Council County Council English & Maths [S] 01452 425464 karen.charters@glo ucestershire.gov.uk Karen Charters NI 78 - Reduction in the Head of number of schools where Improvement, fewer than 30% of pupils 3 schools 2 schools No CYPD achieve 5 or more A*-C 10 at or at or schools Gloucestershire Gloucestershire None grades at GCSE and (06/07) below below below County Council County Council equivalent including 30% 30% 30% GCSE’s in English and 01452 425464 Maths karen.charters@glo ucestershire.gov.uk
18 Karen Charters Head of Improvement, CYPD NI 83 – Achievement at Gloucestershire Gloucestershire level 5 or above in Science 84.0% 85.0% None County Council County Council at Key Stage 3 [S]
01452 425464 karen.charters@glo ucestershire.gov.uk
Karen Charters Head of Improvement, CYPD Page 127 NI 87 – Secondary school Gloucestershire 6.6% 5.5% Gloucestershire persistent absence rate [S] County Council None County Council
01452 425464 karen.charters@glo ucestershire.gov.uk Karen Charters Head of Improvement, NI 92 – Narrowing the gap CYPD between the lowest Gloucestershire Gloucestershire achieving 20% in the Early 28.0% 30.0% County Council None County Council Years Foundation Stage Profile and the rest [S] 01452 425464 karen.charters@glo ucestershire.gov.uk
19 Karen Charters Head of Improvement, NI 93 – Progression by 2 CYPD levels in English between Gloucestershire Gloucestershire 85.2% 89.0% None Key Stage 1 & Key Stage 2 County Council County Council [S] 01452 425464 karen.charters@glo ucestershire.gov.uk
Karen Charters
Head of Page 128 Improvement, NI 94 – Progression by 2 CYPD levels in Maths between Gloucestershire None 78.0% 84.0% Gloucestershire Key Stage 1 & Key Stage 2 County Council County Council [S]
01452 425464 karen.charters@glo ucestershire.gov.uk Karen Charters Head of Improvement, NI 95 – Progression by 2 CYPD levels in English between Gloucestershire Gloucestershire 30.9% 43.0% None Key Stage 2 & Key Stage 3 County Council County Council [S] 01452 425464 karen.charters@glo ucestershire.gov.uk
20 Karen Charters Head of Improvement, NI 96 – Progression by 2 CYPD levels in Maths between Gloucestershire Gloucestershire 65.2% 76.0% None Key Stage 2 & Key Stage 3 County Council County Council [S] 01452 425464 karen.charters@glo ucestershire.gov.uk
Karen Charters Head of Improvement,
NI 97 – Progression by 2 CYPD None Page 129 levels in English between Gloucestershire Gloucestershire 61.9% 66.0% Key Stage 3 & Key Stage 4 County Council County Council [S] 01452 425464 karen.charters@glo ucestershire.gov.uk
Karen Charters Head of Improvement, NI 98 – Progression by 2 CYPD None levels in Maths between Gloucestershire Gloucestershire 32.9% 42.3% Key Stage 3 & Key Stage 4 County Council County Council [S] 01452 425464 karen.charters@glo ucestershire.gov.uk
21 Karen Charters Unstretch Unstretch Head of ed = 15% ed = 17% Not Improvement, LI 01 - Percentage of Required CYPD children attaining level 3 or 13% Gloucestershire Gloucestershire None better in writing at Key (05/06) County Council County Council Stage 1 Not Stretched Stretched Required = 15% = 20% 01452 425464 karen.charters@glo ucestershire.gov.uk
Karen Charters
Head of Page 130 Improvement, LI 02 - Percentage of Not CYPD children attaining level 3 or Gloucestershire None 31% 32% 33% Required Gloucestershire better in reading at Key County Council County Council Stage 1
01452 425464 karen.charters@glo ucestershire.gov.uk
Karen Charters Head of Improvement, LI 03 - Percentage of CYPD children attaining level 3 or Not Gloucestershire Gloucestershire None 25.2% 25.7% 26.2% better in maths at Key Required County Council County Council Stage 1 01452 425464 karen.charters@glo ucestershire.gov.uk
22 Unstretch Unstretch ed = ed = Not Jane Featherstone Required Headteacher, 11.70 11.75 LI 04 - Added value score (97.5%) (98.0%) Virtual School for for looked after children 11.59 LAC Gloucestershire None from Key Stage 1 to Key (96.6%) 01452 425357 County Council Stage 2 Stretched Stretched Not jane.Featherstone = 11.90 = 12.00 Required @gloucestershire.g (98.0%) (100.0%) ov.uk
Unstretch Unstretch Not Jane Featherstone ed = 3.80 ed = 4.00 Required Headteacher, (47.5%) (50.0%) LI 05 - Added value score Virtual School for for looked after children 3.30 LAC Gloucestershire None Page 131 from Key Stage 2 to Key (41.0%) 01452 425357 County Council Stage 3 Stretched Stretched jane.Featherstone = 5.00 = 5.60 Not Required @gloucestershire.g (63.0%) (70.0%) ov.uk
Unstretch Unstretch ed = ed = Not Jane Featherstone 192.00 200.00 Required Headteacher, LI 06 - Added value score (56.0%) (58.0%) Virtual School for for looked after children 180.00 LAC Gloucestershire None from Key Stage 3 to Key (52.0%) 01452 425357 County Council Stage 4 Stretched Stretched Not jane.Featherstone = 210.00 = 225.00 Required @gloucestershire.g (61.0%) (65.0%) ov.uk
23
Jane Featherstone Headteacher, Virtual School for NI 99 – Looked after LAC Gloucestershire None children reaching level 4 in 55.6% 27.3% 01452 425357 County Council English at Key Stage 2 [S] jane.Featherstone @gloucestershire.g ov.uk
Jane Featherstone
Headteacher, Page 132 NI100 – Looked after Virtual School for Gloucestershire children reaching level 4 in 38.9% 45.5% LAC None County Council Maths at Key Stage 2 [S] 01452 425357 jane.Featherstone @gloucestershire.g ov.uk
Jane Featherstone NI 101 – Looked after Headteacher, children achieving 5 A*-C Virtual School for Gloucestershire GCSEs (or equivalent) at 15.2% 11.4% LAC None County Council Key Stage 4 (including 01452 425357 English & Maths) [S] jane.Featherstone @gloucestershire.g ov.uk
24
Outcome 2 Vulnerable children and young people have improved life chances by maximising their own potential for safe, healthy, happy and successful lives Accountable Manager: Linda Uren, Gloucestershire County Council Tel: 01452 427788; Email: [email protected]
Page 133 Targets Other Performance Indicators Accountable Baseline (designated targets are marked *) Lead Partner Contributing (Designated indicators are Manager marked *) 2008/09 2009/10 2010/11 Partners
Simon Bilous Head of NI 51 – Effectiveness of Gloucestershire Not Commissioning Gloucestershire child and adolescent mental 13 14 16* Primary Care available 01452 426653 County Council health services (CAMHS)* Trust simon.bilous@glou cestershire.gov.uk
Simon Bilous Definition Definition Definition Definition Head of Gloucestershire NI 54 – Services for has been has been has been has been Commissioning Gloucestershire Primary Care disabled children* deferred deferred deferred deferred 01452 426653 County Council Trust until 09/10 until 09/10 until 09/10 until 09/10 simon.bilous@glou cestershire.gov.uk
25 Chris Sands Head of Services To be To be for Children and NI 58 – Emotional and Gloucestershire Not Establish agreed agreed Young People Gloucestershire behavioural health of Primary Care available baseline during during 01452 425192 County Council children in care* Trust 2008/09 2008/09 chris.sands@glouc estershire.gov.uk
Kathy O’Mahony LI 07 – Percentage of Head of children who have had a To be To be Development Gloucestershire
Common Assessment Not agreed agreed Gloucestershire Page 134 70% Primary Care (CAF) who have had their available during during 01452 426773 County Council Trust identified needs met or 2008/09 2008/09 Kathy.omahony@gl Prospects partially met oucestershire.gov.u k
Unstretch Unstretch Not Kathy O’Mahony Required Head of 55% ed = 70% ed 75% Development LI 08 - Percentage of (2006) Gloucestershire Healthy Schools schools achieving healthy (Cohort of 01452 426773 County Council Partnership schools status. 304 Not Stretched Stretched Kathy.omahony@gl schools) Required oucestershire.gov.u = 80% = 93% k
26
Outcome 3 14-19 year olds have improved choices and support suitable to their age group Accountable Manager: Eugene O’Kane, Head of Young People’s Services, Gloucestershire County Council Tel: 01452 425312; Email: eugene.o’[email protected]
Targets Other Performance Indicators Accountable Baseline (designated targets are marked *) Lead Partner Contributing (Designated indicators are Manager marked *) 2008/09 2009/10 2010/11 Partners Simon Bilous NI 91 – Participation of 17 Head of Prospects 74% Commissioning Gloucestershire year olds in education & 78% 81% 83% (2005/06) 01452 426653 County Council Learning and training* simon.bilous@glouce Skills Council
stershire.gov.uk Page 135 Simon Bilous Unstretched Unstretched NI 117 – 16-18 year olds Head of who are not in Education, 5.9% = 4.1% = 4.1% Commissioning Gloucestershire 3.5% Prospects 01452 426653 Employment or Training (2005/06) Stretched Stretched County Council (NEET) simon.bilous@glouce = 3.7% = 3.5% stershire.gov.uk Simon Bilous LI 09 - Percentage of young Head of Commissioning Gloucestershire people aged 16-18 whose < 5% < 5% Prospects 01452 426653 County Council activity is not known simon.bilous@glouce stershire.gov.uk Tim Smithson, NI 79 – Achievement of a Learning and Skills Council Learning and Gloucestershire Level 2 qualification by the 75.0% 78.0% 81.0% 84.0%* 01452 450009 Skills Council County Council age of 19* [email protected] v.uk
27 Tim Smithson, Learning and Skills NI 80 – Achievement of a Council Learning and Gloucestershire Level 3 qualification by the 54.5% 56.0% 57.5% 59.0%* 01452 450009 Skills Council County Council age of 19* [email protected] v.uk
Page 136
28 6. Economic Development & Enterprise Theme
Gloucestershire is the 13 th most rural county in England and is a wonderful place to live and work. The county’s prosperity is built upon a strong rural and thriving urban economy with the principle urban areas of Cheltenham and Gloucester at its heart. Important links to Cheltenham and Gloucester are provided by the Market Towns that serve the rural economy and enhance the County’s infrastructure.
Gloucestershire is situated in the Northern sub-region of the South-West Region. It borders on the West Midlands, Wales and the South-East and has important transport links to these regions. Some of these road and rail links need to be improved if the Northern sub-region is to remain as the main focus for economic growth within the South-West.
The impact of the floods in Gloucestershire during 2007 was felt across our bordering regions and their economies were affected too. Gloucestershire needs to build its resilience in order to meet similar challenges that may arise as a result of climate change. Page 137
Climate Change, together with Global Competitiveness, are the two key challenges facing Gloucestershire and the UK. The action plan which supports the targets in this Local Area Agreement will focus on delivering four outcomes that will contribute to addressing these key challenges:- • We will increase the number and quality of jobs. • We will Increase the number and range of skilled employees by improving the skills of local people. • We will ensure that Cheltenham and Gloucester are at the heart of a strong Gloucestershire Economy by delivering the Urban Economic Strategy. • We will develop a stronger, more diverse and sustainable rural economy by delivering the Rural Economic Strategy.
These Outcomes will be delivered by Gloucestershire First, the Countywide multi-sector Economic Partnership, through direct action of partners and Gloucestershire Development Agency. In the LAA delivery plan, these actions will be identified under each outcome as key tasks. Partners have agreed to deliver these key tasks during the next three years, on the basis that they represent important priorities identified within the Gloucestershire Economic Strategy (2008-2015) Consultation Draft, The Urban Economic Strategy and the Rural Economic Strategy.
29
Outcome 4 Increase the number and quality of jobs Accountable Manager: Stan Jones – Gloucestershire First Tel: 01242 864190; Email: [email protected]
Targets Other Performance Indicators Accountable Baseline (designated targets are marked *) Lead Partner Contributing (Designated indicators are Manager marked *) 2008/09 2009/10 2010/11 Partners Jobcentre Plus Cheltenham Borough Council Page 138 Cotswold District Council Stan Jones. Forest of Dean Managing Director District Council Gloucestershire NI 151 – Overall First Gloucestershire Gloucester City employment rate 81.1% 81.6% 82.1% 82.6%* First Council (Working age)* 01242 864190 Stroud District stan.jones@glosfirs Council t.co.uk Tewkesbury Borough Council Gloucestershire County Council Private Sector Employers
30 Stan Jones. Jobcentre Plus Managing Director NI 153 – Working age Learning and Gloucestershire people claiming out of work Skills Council First Gloucestershire benefits in the worst 28.9% 28.3% 27.7% 27.1%* First Gloucestershire performing 01242 864190 County Council neighbourhoods* stan.jones@glosfirs Gloucester City t.co.uk Council
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31
Outcome 5 Increase the number and range of skilled employees by improving the skills of local people Accountable Manager: Jill Annal, Job Centre Plus Tel: 01249 425843; Email: [email protected] Ahmed Goga, Gloucestershire Learning & Skills Council Tel: 01452 450008; Email: [email protected]
Targets Other Performance Indicators Accountable Baseline (designated targets are marked *) Lead Partner Contributing (Designated indicators are Manager marked *) 2008/09 2009/10 2010/11 Partners Page 140 Paul Hartley All higher Deputy Vice education and NI 165 – Proportion of Chancellor further education population aged 19-64 for Baseline Baseline Baseline University Of colleges To be University Of males and 19-59 for +1.5% +3.2% +5.0% Gloucestershire confirmed Gloucestershire Learning and females qualified to at least points points points* Skills Council Level 4 or higher* 01242 714186 [email protected] Gloucestershire k First
Ahmed Goga Learning and Skills To be To be Further Education NI 13 – Migrants’ English Council Not Establish agreed agreed Learning and Providers language skills & Gloucester available baseline during during Skills Council knowledge* Gloucestershire 2008/09 2008/09 01452 450008 County Council [email protected] ov.uk
32 Unstretch Unstretch ed = ed = Ahmed Goga 7,750 12,000 Learning and Skills Job Centre Plus Council LI 10 - Number of adults (4,000 in (4,250 in Gloucester Gloucestershire Learning & Skills gaining NVQ2 or equivalent 1,638 year) year) County Council Council qualification Stretched Stretched 01452 450008 Further Education = 8,150 = 12,600 [email protected] Colleges ov.uk (4,200 in (4,450 in year) year)
LI 11 - The number of people who have been Unstretch Unstretch Stan Jones, claiming an incapacity ed = 0 ed = 0 Managing Director, Job Centre Plus Page 141 benefit for 2 years or more Gloucestershire Learning and that Gloucestershire First First Gloucestershire 0 Skills Council has helped into sustained First employment for at least 16 01242 864190 Glos Primary hours per week for a Stretched Stretched stan.jones@glosfirs Care Trust minimum of 13 consecutive = 155 = 265 t.co.uk weeks
33
Outcome 6 Within the context of the Gloucestershire Economic Strategy, we will realise the economic potential of Cheltenham and Gloucester and the surrounding area. Accountable Manager: Jane Griffiths, Cheltenham Borough Council Tel: 01242 264126; Email: [email protected] Phil Staddon, Gloucester City Council Tel: 01452 396783; Email: [email protected]
Outcome 7 We will develop a stronger, more diverse and sustainable rural economy by delivering the Rural Economic Strategy Page 142 Accountable Manager: Stan Jones, Gloucestershire First Tel: 01242 864190; Email: [email protected]
Targets Other Performance Indicators Accountable Baseline (designated targets are marked *) Lead Partner Contributing (Designated indicators are Manager marked *) 2008/09 2009/10 2010/11 Partners Stan Jones, Managing Director, LI 12 - Number of young Indicator and Indicator and Gloucestershire First people from most deprived 170 target to be target to be Gloucestershire 170 areas progressing to Higher (2005/06) reviewed reviewed First 01242 864190 Education during 08/09 during 08/09 stan.jones@glosfirst. co.uk Stan Jones, Managing Director, LI 13 – Number of Indicator and Indicator and Gloucestershire First organisations signing up to target to be target to be Gloucestershire 0 8 growth in local and regional reviewed reviewed First during 08/09 during 08/09 01242 864190 procurement stan.jones@glosfirst. co.uk
34 Stan Jones, Managing Director, To be To be Gloucestershire First NI 171 – New business 42.3 agreed agreed Gloucestershire 42.3 registration rate (2006/07) during during First 2008/09 2008/09 01242 864190 stan.jones@glosfirst. co.uk Stan Jones, Managing Director, To be To be NI 172 – Percentage of Gloucestershire First No Establish agreed agreed Gloucestershire small business in an area baseline baseline during during First showing growth 2008/09 2008/09 01242 864190 stan.jones@glosfirst. co.uk
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35
Outcome 8 To improve the supply of affordable housing Accountable Manager: Duncan Jordan, Group Director, Environment, Gloucestershire County Council Tel: 01452 425523; Email: [email protected]
Targets Other Performance Indicators Accountable Baseline (designated targets are marked *) Lead Partner Contributing (Designated indicators are Manager marked *) 2008/09 2009/10 2010/11 Partners Cheltenham Borough Council Page 144 Cotswold District Duncan Jordan, Council Group Director: Forest of Dean Environment, District Council NI 159 – Supply of ready to 128% Gloucestershire Gloucestershire 150% 180% 200%* Gloucester City develop housing sites* (06/07) County Council County Council. Council
01452 425523 Stroud District duncan.jordan@glo Council ucestershire.gov.uk Tewkesbury Borough Council
36 7. Healthier Communities and Older People Theme
Gloucestershire is generally a healthy county where the majority of residents enjoy a standard of living and health status that is above the national average.
However, there are parts of the county where the resident’s health and well being ranks amongst the worst off in England. The outcomes in this block reflect policy guidance in ‘Choosing Health’ and ‘Our health, our care, our say: a new direction for community services. They are derived from local strategies and consultation which identified the needs of Gloucestershire and the issues which have proved most challenging and demand a partnership approach. The LAA is as an opportunity to narrow health inequalities and improve health across all ages.
The LAA will build on existing partnership work developed through county partnerships, such as Gloucestershire Health and Community Well-being Partnership, the Older Person Modernisation Group, and the Local Strategic Partnerships health and well- Page 145 being sub groups which have a successful track record in addressing local needs. The LAA will help to bring more focus, engage more partners and develop good practice countywide.
In order to achieve this, the priorities chosen by all stakeholders are below:
• Reducing health inequalities by focusing on the main causes of premature mortality. Priority has been given to lifestyle factors that can reduce the risk of cancer and cardiovascular disease such as, reducing smoking, raising breastfeeding prevalence, increasing physical activity and encouraging sensible alcohol consumption. Activity will be focussed in the 20% most deprived Super Output Areas as identified by the Index of Multiple Deprivation.
• Supporting independence, health and wellbeing for older and vulnerable people. Fundamental to this is ensuring that people have access to the information, treatment and support they need and where appropriate, providing services in community settings. This will allow people to exercise more choice and control in decision making about their health and well being enabling them to live independently for as long as possible. As part of our work with vulnerable people we are focusing on improving services for carers and assisting those within the Supporting People Programme to achieve independent living.
37 In 2006, Gloucestershire County Council and Gloucestershire Primary Care Trust where successful in securing Partnerships for Older People Projects (POPP) funding. POPP works with care homes to improve services for older people in those care homes as well as in the surrounding community and will play a key part in delivering our outcomes for older people.
Whilst priority has been given to these two areas within the LAA, the Gloucestershire Health and Community Well-being Partnership has produced its strategy for the next 10 years. ‘Healthy Gloucestershire 2008 - 2018’ - is a ten-year strategy that brings together, under one umbrella, a number of countywide strategies, action plans and work-streams to improve the health and well-being of local people. It will become the overarching health and social care strategy for Gloucestershire and encompass a wide range of priorities.
It is well documented that a person’s health is strongly affected by a range of determinants, and therefore we are aware that all five
blocks have the capacity to reduce the health inequalities present in the county. Page 146
38
Outcome 9 Improve health and reduce health inequalities Accountable Manager: Alice Walsh, Public Health Consultant, Gloucestershire Primary Care Trust Tel: 01242 533524; Email: [email protected]
Targets Other Performance Indicators Accountable Baseline (designated targets are marked *) Lead Partner Contributing (Designated indicators are Manager marked *) 2008/09 2009/10 2010/11 Partners Alice Walsh NI 120 – All age, all cause Gloucestershire mortality rate* PCT Consultant in Gloucestershire None
Males: 859.38 624.00 606.00 588.00* Public Health PCT Page 147 01242 533524 Females: 563.13 446.00 436.00 426.00* [email protected] hs.uk Sally Snowden, General Manager, To be To be Children Young Gloucestershire NI 53 – Prevalence of No Establish agreed agreed People and Gloucestershire County Council breastfeeding at 6-8 weeks baseline baseline during during Maternity Services PCT from birth* available Gloucestershire 2008/09 2008/09 01242 533529 Hospitals Trust Sally.snowden@glo s.nhs.uk
39 Hospitals Trust 2Together Trust Steve O’Neill, Glos. Probation Substance Misuse service and Alcohol NI 39 – Rate of hospital Glos. 1277 Commissioning Gloucestershire admissions per 100,000 for 1271 1265 1259 Constabulary (06/07) Manager, PCT alcohol related harm 01452 389412 Police Authority steve.o’neill@glos. Cotswold District nhs.uk Council Gloucester City Page 148 Council LI 14 - The number of Unstretch Unstretch Kate Gegg, smokers referred to the ed = 3182 ed = 4773 Head of Operations NHS Support to Stop 1614 and Development Gloucestershire Services from the 2 most None (05/06) 01452 891492, PCT deprived quintiles of Super Stretched Stretched [email protected] Output Areas in the county = 3254 = 4893 s.uk who remain quit at 4 weeks LI 15 - The number of Unstretch Unstretch Kate Gegg, ed = 24 ed = 36 smokers referred to the Head of Operations NHS Support to Stop 12 (12 in (12 in and Development Gloucestershire Gloucestershire Services within Gloucester (05/06) year) year) 01452 891492, PCT Prison Prison who remain quit at 4 Stretched Stretched [email protected] weeks = 98 = 156 s.uk LI 16 - The number of Unstretch Unstretch Kate Gegg, Gloucestershire 2 2Together Trust smokers with enduring ed = 4 ed = 6 Head of Operations PCT
40 mental health problems (05/06) and Development (across a range of settings) 01452 891492, Stretched Stretched referred to the NHS Support [email protected] to Stop Services who = 52 = 104 s.uk remain quit at 4 weeks Kate Gegg, LI 17 - The total number of Head of Operations smokers in Gloucestershire and Development Gloucestershire referred to the NHS Support N/A >5908 >8862 None 01452 891492, PCT to Stop Services who [email protected] remain quit at 4 weeks s.uk
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Outcome 10 To contribute to the reduction of obesity levels Accountable Manager: Jill Salvin, Public Health Manager, Gloucestershire Primary Care Trust Tel: 01452 389431; Email: [email protected]
Targets Other Performance Indicators Accountable Baseline (designated targets are marked *) Lead Partner Contributing (Designated indicators are Manager marked *) 2008/09 2009/10 2010/11 Partners Sport England Glos PCT Gloucestershire Page 150 County Council Cheltenham John Stevens, Borough Council Chief Executive NI 8 – Adult participation in Active Cotswold District 23.4% 24.4% 25.4% 26.4%* 01242 715203 sport and active recreation* Gloucestershire Council [email protected] k Stroud District Council Forest of Dean District Gloucester City Council
42
School Sport Partnerships Final Final Final Final David Grocott Active definition definition definition definition Head of Lifelong NI 57 – Children & young Gloucestershire has been has been has been has been Learning Gloucestershire people’s participation in deferred deferred deferred deferred Tel: 01452 425801 County Council Gloucester City high-quality PE & sport* until until until until David.grocott@glou Council 2009/10 2009/10 2009/10 2009/10 cestershire.gov.uk Stroud District Council
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Outcome 11 Supporting independence, health and wellbeing for vulnerable people Accountable Manager: Helen Bown, Joint Commissioning Manager, Gloucestershire Primary Care Trust Tel: 01452 389452; Email: [email protected]
Targets Other Performance Indicators Accountable Baseline (designated targets are marked *) Lead Partner Contributing (Designated indicators are Manager marked *) 2008/09 2009/10 2010/11 Partners
Mark Branton Page 152 Director of Supporting Strategic NI 136 – People supported People 2351 Commissioning & Gloucestershire to live independently though 2400 2950 3500* (2006/07) Performance County Council Third Sector Social Services (all adults)* Tel: 01452 425105 Organisations Mark.branton@glou cestershire.gov.uk
44 Cheltenham Borough Council Cotswold District Council Kelvin May Forest of Dean Strategic Director NI 139 – The extent to To be To be District Council Stroud District which older people receive No Establish agreed agreed Stroud District Council Gloucester City the support they need to live baseline baseline during during Council 01453 754452 Council independently at home* 2008/09 2008/09 kelvin.may@stroud. Tewkesbury gov.uk Borough Council
Home Improvement
Agencies Page 153 Gloucestershire PCT 2Together Trust David Dungworth GP Practices NI 135 – Carers receiving General Manager, needs assessment or Care Services Carers Gloucestershire review and a specific carer’s 20.5% 23.0% 26.5% 30.0%* 01452 389 431 Gloucestershire County Council service or advice and David.dungworth@ Crossroads information* gloucestershire.gov (Forest of Dean) .uk Carers Forum Carers Strategy Group
45 Gloucestershire PCT Remploy Tina Reid Home Farm Trust To be To be Head of Care NI 146 – Adults with No Establish agreed agreed Provision Gloucestershire Gloucestershire Learning Disabilities in baseline baseline during during 01452 427300 County Council College employment* 2008/09 2008/09 tina.reid@gloucest Cirencester ershire.gov.uk College Stroud College Star College Page 154 Cheltenham Borough Council Cotswold District Council Mark Branton Forest of Dean Director of District Council Strategic NI 141 – Percentage of Gloucester City Commissioning & Gloucestershire vulnerable people achieving 63.63% 63.65% 63.65% 63.65% Council Performance County Council independent living Tel: 01452 425105 Stroud District Mark.branton@glou Council cestershire.gov.uk Tewkesbury Borough Council Gloucestershire Probation Service
46
Cotswold District Unstretche Unstretche Council d = 1303 d = 1945 Forest of Dean (648 in (642 in District Council year) year) Ruth Wain (Jan-Dec (Jan-Dec Gloucestershire Care homes 08) 09) working within the LI 18 - The number of 655 Primary Care Trust people aged 75 or over Consultant in Gloucestershire Partnerships for admitted to hospital with (Jan-Dec Public Health PCT Older People 05) (POPP) bid fractured femur Stretched = Stretched = 01242 548814 1290 1899 [email protected] Gloucestershire (642 in (609 in .uk Hospitals NHS year) year) Foundation Trust (Jan-Dec (Jan-Dec Page 155 08) 09) Third Sector Organisations
47
8. Natural & Built Environment Theme
Gloucestershire is facing a number of environmental challenges, in particular those caused by the threat of climate change. Climate change is predicted to have huge potential impacts locally on people’s wellbeing, the economy and our environment, some of which were illustrated by the 2007 floods. Warmer, wetter winters and hotter, drier summers, with more droughts, flash floods, severe storms and other weather anomalies mean we have to review how we can adapt to cope with a changing climate.
The Gloucestershire Environment Partnership was launched in 2007. Its overarching priority is the issue of climate change. It aims to play a key role in bringing together relevant organisations and partners to provide a strong focus and help develop the work carried out to ensure a more resilient Gloucestershire. The focus of the work will be on mitigation of the causes of climate change and adaptation to the effects of unavoidable climate change. This work is structured around the outcomes we are already aiming Page 156 to achieve under the Local Area Agreement (LAA): • More resilient homes • More resilient communities • More resilient environment
Development of the 2007/08 LAA, and the consultation on and launch of the Environment Partnership, also highlighted the issues of fuel poverty, transport and waste, which are also included as key areas of activity, within the framework of responding to climate change.
In 2005, total CO 2 emissions in Gloucestershire were 5,142 kt; or 9.6 kt per person (per capita). 36% (1,835kt) were from industry and commence; 35% (1,787 kt) were from transport; and 29% (1,486 kt) were from domestic homes.
The Local Area Agreement will focus on activities that the Gloucestershire Conference members can influence to help reduce the per capita CO 2 emissions; we can only do this by working in partnership across the county.
48 All Gloucestershire Councils have signed up to the Nottingham Declaration on Climate Change, which includes commitments to: • Develop plans with our partners and local communities within the next two years to progressively address the causes and the impacts of climate change, according to our local priorities, securing maximum benefit for our communities. • Assess the risk associated with climate change and the implications for our services and our communities of climate change impacts and adapt accordingly. • Encourage all sectors in our local community to take the opportunity to adapt to the impacts of climate change, to reduce their own greenhouse gas emissions and to make public their commitment to action.
The existing energy efficiency and renewable energy stretch targets within the LAA will play an important part in helping to achieve a reduction in domestic CO 2 emissions. It is estimated that over 30,000 people in Gloucestershire are living in fuel poverty and so can not afford to heat their homes adequately. Rising fuel prices means this figure is likely to increase further. Increased energy efficiency can help reduce fuel poverty and carbon emissions.
Reducing the number of children travelling to school by car is an important priority, delivering environmental and climate change Page 157 benefits. There is already evidence that children who walk or cycle to school are fitter and more ready to learn when they arrive at school.
Gloucestershire’s Local Transport Plan has a specific accessibility target (LTP1) to maintain the percentage of households within 30 minutes of a GP by public transport to at least 88%.
Local authorities have an important role to play in assisting their residents to reduce waste and encourage the sorting of waste for recycling, re-use, home composting and other forms of home treatment of waste and therefore reduce the amount of waste that is sent to landfill, incineration or energy recovery.
It is important that all organisations across the County work together to provide strong leadership to encourage individuals, organisations, business and the community to take action both on mitigation and adaptation to climate change.
Gloucestershire Environment Partnership will champion Gloucestershire’s response to the challenges of climate change, using the LAA to help deliver the necessary changes to ensure our resilience.
49 Outcome 12 More Resilient Homes Accountable Manager: Kaye Welfare, Severn Wye Energy Agency Tel: 01594 545362; Email: [email protected]
Targets Other Performance Indicators Accountable Baseline (designated targets are marked *) Lead Partner Contributing (Designated indicators are Manager marked *) 2008/09 2009/10 2010/11 Partners Cheltenham Borough Council Unstretche Unstretche Cotswold District
d = 3,800 d = 5,829 Page 158 cumulative cumulative Council (2,000 in (2,029 in Forest of Dean year) year) Maria Hickman, LI 19 - Number of measures District Council Housing Renewal (cavity wall, loft insulation 5,829 Manager Stroud District Gloucester City and central heating) (over 3 Council 01453 754482 Council installed via Gloucestershire years) maria.hickman@str Tewkesbury Warm and Well scheme Stretched = Stretched = oud.gov.uk Borough Council 5,300 8,229 cumulative cumulative Gloucestershire (2,900 in (2,929 in Primary Care year) year) Trust Severn Wye Energy Agency
50 Cheltenham Borough Council Cotswold District Council Forest of Dean District Council Stroud District Council Tewkesbury Borough Council David Sutton, Gloucestershire Primary Care
NI 187 – Tackling fuel Private Sector Page 159 poverty – % of people To be To be Housing, Trust receiving income based No Establish agreed agreed Gloucester City Gloucester City Severn Wye benefits living in homes with baseline baseline during during Council Council Energy Agency a low energy efficiency 2008/09 2008/09 01452 396355 rating* davidjs@gloucester Cheltenham .gov.uk Borough Homes Gloucester City Homes Fosseway/ Bromford Housing Two Rivers Housing Severn Vale Housing All other RSLs in county
51 Outcome 13 More resilient communities Accountable Manager: Peter Wiggins, Gloucestershire County Council Tel: 01452 425189; Email: [email protected]
Targets Other Performance Indicators Accountable Baseline (designated targets are marked *) Lead Partner Contributing (Designated indicators are Manager marked *) 2008/09 2009/10 2010/11 Partners Cheltenham Borough Council Cotswold District Council Page 160 Forest of Dean District Council Gloucester City Terry Smith, Council 7.7 tonnes 6.5% 7.8% 9.1% Head of Planning & NI 186 – Per capita CO per reduction reduction reduction Development Gloucestershire Stroud District reduction in CO emissions 2 2 1000 on on on 01452 425693 County Council Council in the LA area* population baseline baseline baseline* terry.smith@glouce Tewkesbury stershire.gov.uk Borough Council
Gloucestershire PCT Severn Wye Energy Agency University of Gloucestershire
52 Cheltenham Borough Council Cotswold District Council Tony Childs Forest of Dean Head of Waste, NI 191 – Residual Gloucestershire District Council 741 718 618 610* 01452 425448 household waste per head* County Council tony.childs@glouce Gloucester City stershire.gov.uk Council Stroud District Council Tewkesbury Borough Council Cheltenham Page 161 Borough Council Cotswold District Council Tony Childs NI 192 – Percentage of Forest of Dean Head of Waste, household waste sent for 32.39% Gloucestershire District Council 39.00% 48.00% 49.00%* 01452 425448 reuse, recycling and (06/07) County Council tony.childs@glouce Gloucester City composting* stershire.gov.uk Council Stroud District Council Tewkesbury Borough Council
53 Chris Rogan, Head of NI 168 – Principal roads Gloucestershire Gloucestershire where maintenance should 4% 4% 3.5% 3%* Highways, None County Council be considered* 01452 583431, chris.rogan@glouc estershire.gov.uk Peter Sutherland Gloucestershire Head of Integrated NI 175 – Access to services Primary Care and Transport and facilities by public Gloucestershire Acute Health 88.0% 88.0% 88.0% 88.0%* 01452 425778 transport, walking and County Council Trusts peter.sutherland@g cycling* Gloucestershire loucestershire.gov. Page 162 uk First Chris Rogan Head of Gloucestershire NI 198 – Children travelling Gloucestershire Highways Gloucestershire to school – mode of 29.2% 28.2% 27.2% 26.2%* Primary Care 01452 583431 County Council transport usually used* Trust chris.rogan@glouc estershire.gov.uk
54
Cheltenham Borough Council Cotswold District Unstretche Unstretche Council d = 100 d = 150 (50 in year) (50 in year) Kierson Wise Forest of Dean Senior Project LI 20 - Number of District Council Manager renewable energy 50 per Severn Wye Severn Wye Gloucester City installations in domestic, year Energy Agency Energy Agency Council public sector and 01594 545360 community buildings Stroud District [email protected] Stretched = Stretched = Council k 180 300 Tewkesbury
Page 163 (120 in (120 in Borough Council year) year) Gloucestershire County Council
Unstretch Unstretch Kierson Wise Cheltenham LI 21 - Installed capacity of ed = 0.65 ed = 1MW Senior Project Borough Council 1.1 MW Severn Wye new renewable energy MW Manager (0.35MW Energy Agency Cotswold District systems (2007/08) Severn Wye (0.35MW in year) Council in year) Energy Agency
55 Stretched Stretched 01594 545360 Forest of Dean = 1.3MW = 2MW [email protected] District Council k (0.7MW in (0.7MW in Gloucester City year) year) Council Stroud District Council Tewkesbury Borough Council Gloucestershire County Council
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56 Outcome 14 More Resilient Natural & Built Environment Accountable Manager: Nigel Riglar, Stroud District Council Tel: 01453 754303; Email: [email protected]
Targets Other Performance Indicators Accountable Baseline (designated targets are marked *) Lead Partner Contributing (Designated indicators are Manager marked *) 2008/09 2009/10 2010/11 Partners Cheltenham Borough Council Cotswold District Terry Smith, Council
Head of Planning & Page 165 Forest of Dean Development NI 188 – Planning to adapt Gloucestershire District Council None Level 1 Level 2 Level 3* to climate change* County Council 01452 425693 Gloucester City
terry.smith@glouce Council stershire.gov.uk Stroud District Council Tewkesbury Borough Council
57 9. Safer & Stronger Communities Theme
In Gloucestershire we believe that strong communities are places where people feel safe in a welcoming environment, where they feel empowered to take action for the benefit of their community, where they feel that their concerns are heard and responded to; in short a community where everybody counts. We know that delivering safer and stronger communities will improve the quality of life for all in Gloucestershire. The outcomes of this block will lead to communities where people feel safer and where crime and anti- social behaviour are reduced. They will lead to stronger communities, by giving people a voice, strengthening the third sector, and improving people’s access to decision-making and to services. The work of our partnerships will also make a direct contribution to delivering improvements in the most disadvantaged neighbourhoods in the county.
Gloucestershire has deprived communities that are in the top 10% nationally of super output areas, and yet as a rural area has pockets of deprivation which do not necessarily rank highly on national comparisons. The challenge for the safer and stronger Page 166 block will be to address the specific needs of the disadvantaged communities, while at the same time using the learning from these areas to facilitate a neighbourhood management approach across the whole county.
The development of this block has seen close working relationships with the third sector, who will be key in helping to deliver safer and strong communities. In addition, Gloucestershire already has a range of well-defined partnerships at community level and they will be crucial in helping to support the outcomes.
The block outcomes will support the regional community cohesion priorities of challenging extremism, reducing hate crime and celebrating diversity. There is a recognition of the need to ensure that equalities and community cohesion sits at the heart of the actions.
Naturally there are clear linkages with the other blocks. The children and young people’s block vision, that every child and young person thrives and reaches their potential, has strong links into the safer and stronger block. The outcomes from the economic block will also help to deliver safer and stronger communities by ensuring that those communities are given the skills and capacity to thrive.
Within the block there is a focus towards volunteering which is seen as a powerful force for change, both for those who volunteer and for the wider community. It is not only important in the activities of the third sector but also in the development of services within the public sector, and is a vital component of a modern society. Volunteering describes an activity undertaken by any person which
58 aims to benefit individuals, the community or environment. It incorporates key roles within society such as magistrates, school governors and trustees whilst encompassing the vast numbers of people engaged in sports clubs, environmental groups and local community action. Increasingly employers are recognizing the value of supporting volunteering by their workforce as a means of developing the team, building individual skills and contributing to the communities within which they operate.
Within Gloucestershire’s Local Area Agreement (LAA) organisations from Jobcentre Plus to the Police, from arts and heritage to youth and services for older people have all expressed a need for more volunteers on whom they can rely to deliver their agendas. For the individuals giving of their time, volunteering can provide a means of overcoming isolation, a confidence-building tool in recovery programmes and rehabilitation, a route towards employment or further education, a diversion from harmful attitudes and activities and as an expression of citizenship.
Priorities set out for safer and stronger communities are:
• People and communities will be treated with fairness and equality; discrimination will be eliminated and diversity valued; Page 167 communities will be more cohesive and inclusive with a shared future for all . • Service providers more responsive to community needs resulting in improved service delivery, by empowering local people to have a greater choice over decision making and in service delivery • Increasing the capacity of communities to take voluntary action in order to create more vibrant and thriving communities • Improved quality of life for people in the most disadvantaged neighbourhoods • Reduce the harm caused by illegal drugs and by alcohol. • Build respect in communities and anti social behaviour. • Reduce crime and the fear of crime • Reduce the number of people killed or seriously injured on Gloucestershire Roads.
The safer and stronger agenda will require agencies (including the third sector) to work together for the collective benefit of the communities that they serve. The LAA provides an opportunity to understand the benefits of neighbourhood management and joint working. The actions within the block will develop capacity, skills, information and infrastructure to assist in making better decisions about strategic priorities and actions, and using this intelligence-led model will help Gloucestershire make the most of the resources available to it.
59
Outcome 15 Improved quality of life for people in the most disadvantaged neighbourhoods Accountable Manager: John McLaughlin, Gloucestershire First Tel: 01242 864181; Email: [email protected]
Targets Other Performance Indicators Accountable Baseline (designated targets are marked *) Lead Partner Contributing (Designated indicators are Manager marked *) 2008/09 2009/10 2010/11 Partners Cheltenham Borough Council Page 168 Cotswold District Council Forest of Dean A Jackie Harris, District Council statistically Policy & significant Partnerships Gloucester City improveme Manager Council nt on the NI 5 – Overall/general Gloucestershire Gloucestershire 80% 81% 83% 2008 Place Stroud District satisfaction with local area* Survey County Council County Council Council Baseline (with option 01452 425912, Tewkesbury to review in Jackie.harris@glou Borough Council 2009) * cestershire.gov.uk Gloucestershire Constabulary Police Authority Gloucestershire PCT
60 Cheltenham Borough Council John McLaughlin, Gloucestershire Gloucester City LI 22 – Overall general Targets to Targets to First Council satisfaction with the local None Establish be agreed be agreed Gloucestershire Gloucestershire area in the most deprived available Baseline during during 01242 864181 County Council Constabulary Super Output Areas 08/09 08/09 john.mclaughlin@gl oucestershire.gov.u Police Authority k Gloucestershire PCT Page 169
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Outcome 16 People and communities will be treated with fairness and equality; discrimination will be eliminated and diversity valued; communities will be more cohesive and inclusive with a shared future for all Accountable Manager: Kevin Lee, Equalities Manager, Gloucestershire County Council Tel: 01452 425765; Email: [email protected]
Targets Other Performance Indicators Accountable Baseline (designated targets are marked *) Lead Partner Contributing (Designated indicators are Manager marked *) 2008/09 2009/10 2010/11 Partners
Cheltenham Page 170 Borough Council Cotswold District Kevin Lee, Council Equalities Manager Forest of Dean NI 1 - % of people who Gloucestershire District Council believe people from County Council 86% Gloucestershire different backgrounds get 85% 85% 86% Gloucester City (2006/07) County Council on well together in their 01452 425765, Council local area kevin.lee@gloucest Stroud District ershire.gov.uk Council
Tewkesbury Borough Council
62 Cheltenham Borough Council Cotswold District Kevin Lee, Council Equalities Manager Forest of Dean Gloucestershire LI 23 - Number of councils District Council County Council Gloucestershire achieving level 3 of the 0 1 7 County Council Gloucester City equality standard 01452 425765, Council kevin.lee@gloucest Stroud District ershire.gov.uk Council
Tewkesbury Borough Council Page 171 Cheltenham Borough Council Cotswold District Kevin Lee, Council Equalities Manager To be To be Gloucestershire Forest of Dean NI 140 – Fair treatment by Not Establish agreed agreed County Council Gloucestershire District Council local services available baseline during during County Council Gloucester City 2008/09 2008/09 01452 425765, Council kevin.lee@gloucest ershire.gov.uk Stroud District Council Tewkesbury Borough Council
63
Outcome 17 Increasing the capacity of communities to take voluntary action in order to create more vibrant and thriving communities Accountable Manager: Sally Pickering, Gloucester Association for Voluntary & Community Action Tel: 01452 332424; Email: [email protected]
Targets Other Performance Indicators Accountable Baseline (designated targets are marked *) Lead Partner Contributing (Designated indicators are Manager marked *) 2008/09 2009/10 2010/11 Partners Cheltenham BC A statistically Cotswold DC Page 172 significant Forest of Dean improve- DC ment Jackie Harris Gloucester CC between Policy & Stroud DC the first Partnerships Tewkesbury BC and second Manager waves of Gloucestershire NI 7 – Environment for a Not Establish Gloucestershire Gloucestershire the national Assembly thriving third sector* available baseline County Council County Council survey of Gloucestershire third sector Infrastructure organisa- 01452 425912 tions, Jackie.harris@glou Group (GIG) calculated cestershire.gov.uk Glos PCT in GRCC accordance Co-operative with OTS Futures guidance * GAVCA
64 Cheltenham BC Cotswold DC Unstretch Unstretch Forest of Dean ed = ed = Hazel Lonsdale DC LI 24 - The number of 13.9% 13.9% Chief Executive people recorded as or Gloucester CC Cheltenham reporting that they have Stroud DC 13.9% Volunteer Centre Gloucestershire engaged in formal (2007) County Council Tewkesbury BC volunteering on an average 01242 691222 of at least two hours per Glos PCT hazel@volunteerin week over the past year gcheltenham.org.uk Volunteer Centres Stretched Stretched in Gloucestershire = 15.9% = 17.9%
Fairshares Page 173 Shelter
65
Outcome 18 Service providers more responsive to community needs resulting in improved service delivery, by empowering local people to have a greater choice & influence over local decision-making and in service delivery Accountable Manager: Jackie Harris; Gloucestershire County Council Tel: 01452 425912; Email: [email protected]
Targets Other Performance Indicators Accountable Baseline (designated targets are marked *) Lead Partner Contributing (Designated indicators are Manager marked *) 2008/09 2009/10 2010/11 Partners Cheltenham Page 174 Borough Council
A Cotswold District statistically Council significant Forest of Dean increase Jackie Harris District Council between Policy & the first Partnerships Gloucester City Place Manager Council NI 4 - % of people who feel 32% Survey Gloucestershire Gloucestershire they can influence decisions 32% 34% (reporting Stroud District (2006/07) County Council County Council in their locality* early 2009) Council
and the Tewkesbury second 01452 425912 Place Jackie.harris@glou Borough Council Survey cestershire.gov.uk Gloucestershire (reporting Constabulary early 2011)* Police Authority Gloucestershire PCT
66 Outcome 19 Reduce the harm caused by illegal drugs and by alcohol Accountable Manager: Colin Hassall, Head of DAAT, Gloucestershire PCT Tel: 01242 548837; Email: [email protected]
Targets Other Performance Indicators Accountable Baseline (designated targets are marked *) Lead Partner Contributing (Designated indicators are Manager marked *) 2008/09 2009/10 2010/11 Partners Cheltenham Borough Council Cotswold District Council
Forest of Dean Page 175 District Council Gloucester City Council Colin Hassall, Stroud District NI 42 – Perceptions of drug Head of DAAT, 41% Gloucestershire Council use or drug dealing as a 40% 39% 38% 01242 548841 (06/07) PCT problem Colin.Hassall@glos Tewkesbury .nhs.uk Borough Council Gloucestershire County Council Gloucestershire Constabulary Police Authority Gloucestershire Probation Service
67
Outcome 20 Build respect in communities and reduce anti-social behaviour Accountable Manager: Trevor Gladding, Cheltenham Borough Council Tel: 01242 264368; Email: [email protected]
Targets Other Performance Indicators Accountable Baseline (designated targets are marked *) Lead Partner Contributing (Designated indicators are Manager marked *) 2008/09 2009/10 2010/11 Partners Cotswold District Council Unstretch Unstretch Page 176 ed = 18% ed = 18% Forest of Dean District Council Gloucester City Council Trevor Gladding Community Safety Stroud District and Licensing Council Team Leader Tewkesbury NI 17 Perceptions of anti 18% Cheltenham Cheltenham Borough Council social behaviour (06/07) Borough Council Borough Council Gloucestershire
Stretched Stretched County Council 01242 264368 = 15% = 14% Trevor.Gladding@c Gloucestershire heltenham.gov.uk Constabulary Police Authority Gloucestershire PCT Gloucestershire Probation Service
68 Unstretch Unstretch Cheltenham ed = ed = Borough Council 79,190 117,968 Cotswold District (39,187 in (38,778 in Council year) year) Forest of Dean Alex Drummond District Council Superintendent Gloucester City Head of Community Council Partnership Stroud District LI 25 - The number of 40,819 Gloucestershire Gloucestershire Council incidents of anti social (05/06) Police Constabulary behaviour Tewkesbury Stretched Stretched Borough Council
= 77,537 = 114,274 Page 177 01452 752385 (37,943 in (36,737 in alex.drummond@gl Gloucestershire year) year) oucestershire.polic County Council e.uk . Gloucestershire PCT Police Authority Gloucestershire Probation Service
69
Outcome 21 To reduce crime and the fear of crime Accountable Manager: Jo Kline, Crime Reduction Co-ordinator, Gloucestershire Constabulary Email: [email protected] ; Tel: 01452 426189
Targets Other Performance Indicators Accountable Baseline (designated targets are marked *) Lead Partner Contributing (Designated indicators are Manager marked *) 2008/09 2009/10 2010/11 Partners Cheltenham Borough Council
A reduction Page 178 in recorded Cotswold District assault The Council with less expected This will be This will be Forest of Dean serious level after reassessed reassessed injury from District Council year 1 is a after Year after Year Alex Drummond a rate of rate of 5.83 1, as data 1, as data Gloucester City 6.27 crimes Superintendent crimes per for 2007/08 for 2007/08 Head of Council per 1000 1000 is only a is only a Community population population proxy for proxy for Stroud District NI 20 – Assault with injury in 2007/08 in 2008/09 the correct the correct Partnership Gloucestershire Council crime rate* based on based on dataset, as dataset, as Constabulary Tewkesbury mid 2006 mid 2007 it uses the it uses the 01452 752385 population population wider wider alex.drummond@gl Borough Council estimates estimates, category of category of oucestershire.polic (3627 Gloucestershire equivalent Less Less e.uk County Council offences) to a Serious Serious to a rate of reduction Wounding Wounding Police Authority (to be of 7%. confirmed) Gloucestershire crimes per PCT 1000 Gloucestershire Probation Service
70 NI 35 – Building resilience (Targets apply to Gloucester City only) Gloucester City to violent extremism* Alex Drummond Council a) Understanding and Superintendent engagement with 2 3 3 4* Head of Gloucestershire communities Community County Council Partnership Gloucestershire Gloucestershire b) Knowledge of extremism 2 3 3 4* Constabulary c) Risk-based prevention PCT 1 2 3 4* 01452 752385 action plan alex.drummond@gl Gloucestershire oucestershire.polic Probation Service d) Effective oversight of 1 2 3 4* e.uk projects Police Authority Page 179
71 Cheltenham Borough Council Cotswold District Council Forest of Dean District Council Eugene O’Kane Head of Youth Gloucester City Support Council To be To be Gloucestershire NI 111 – First time entrants Stroud District No Establish agreed agreed County Council Gloucestershire to the Youth Justice System Council baseline baseline during during County Council aged 10-17* Page 180 2008/09 2008/09 01452 551271 Tewkesbury Eugene.O’Kane@g Borough Council loucestershire.gov. Gloucestershire uk PCT Gloucestershire Probation Service Gloucestershire Constabulary Police Authority
72 Gloucestershire Garry Holden County Council Assistant Chief Officer, External Gloucestershire Development Constabulary To be To be NI 18 – Adult re-offending Gloucestershire No Establish agreed agreed Gloucestershire Police Authority rates for those under Probation baseline baseline during during Probation Service probation supervision Primary Care 2008/09 2008/09 01452 389212 Trust Garry.Holden@glo Tewkesbury ucestershire.probati Borough Council on.gsi.gov.uk
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73 Cheltenham Borough Council Cotswold District Council Forest of Dean District Council Roger Clayton Superintendent Gloucester City Public Protection Council Definition Definition Definition Definition Unit Stroud District NI 32 – Repeat incidents of has been has been has been has been Gloucestershire Gloucestershire Council domestic violence deferred deferred deferred deferred Constabulary Constabulary Page 182 until 09/10 until 09/10 until 09/10 until 09/10 01452 752148 Tewkesbury Roger.clayton@Glo Borough Council ucestershire.police. Gloucestershire uk County Council
Gloucestershire PCT Gloucestershire Probation Service Police Authority
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Cheltenham NI 33 - Arson incidents Borough Council
Derek Cross Tewkesbury Borough Council a) Number of primary Quality, Audit 7.67 7.64 7.61 7.58 fires/population x 10,000 & Risk Manager Gloucestershire Gloucestershire County Council Gloucestershire Fire and Rescue Fire and Rescue Gloucestershire Service Service Constabulary
01452 753234 Police Authority Derek.cross@glosfi b) Number of secondary Gloucestershire 9.72 9.51 9.31 9.13 re.gov.uk fires/population x 10,000 Probation Service Page 183 Gloucestershire PCT
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Outcome 22 Reduce the number of people killed or seriously injured on Gloucestershire’s roads Accountable Manager: David Radford, Road Safety Manager, Gloucestershire County Council Tel – 01452 425602; Email: [email protected]
Targets Other Performance Indicators Accountable Baseline (designated targets are marked *) Lead Partner Contributing (Designated indicators are Manager marked *) 2008/09 2009/10 2010/11 Partners Gloucestershire Highways Gloucestershire Page 184 Constabulary Police Authority Jo Walker Her Majesty’s Acting Director Courts Service Environment The Highways NI 47 – People killed or Gloucestershire Agency Gloucestershire seriously injured in road 265 245 220 195* County Council County Council The NHS primary traffic accidents* Care Trust 01452 426270 Great Western joanna.walker@glo Ambulance ucestershire.gov.uk Service NHS Trust Cotswold District Council Forest of Dean District Council
76 10. Governance
The Gloucestershire Conference is the partnership with overall responsibility for developing and delivering Gloucestershire’s Sustainable Community Strategy and Local Area Agreement. The Gloucestershire Conference structure was developed during 2006/07 with the full involvement of all partners and is described in full in the ‘Prospectus for Partnership Working in Gloucestershire’ (available on the Gloucestershire Conference website at www.gloucestershire.gov.uk/glosconference ). A diagram representing the Gloucestershire Conference structure can be found on the back cover of this agreement.
The Gloucestershire Conference comprises: • Gloucestershire Strategic Partnership • Community Strategy Executive Board • Accountable Bodies Group
• 5 Thematic Partnerships Page 185 • 6 District Local Strategic Partnerships • Sectoral Partnerships (including the Voluntary & Community Sector Assembly and Local Government Association) • Individual organisations and businesses
The Gloucestershire Strategic Partnership brings together the chairs of the 5 Thematic Partnerships, 6 district Local Strategic Partnerships and the Voluntary & Community Sector Assembly. Its role is to: • To develop a long-term vision for Gloucestershire • To develop, oversee and refresh the Sustainable Community Strategy • To provide a deliberative forum for new and emerging issues
The Accountable Bodies Group comprises the leaders and chairs of partner organisations. It is the decision-making arm of the conference and has responsibility for: • Agreeing and signing off the Local Area Agreement • Oversight of LAA delivery • Advising on financial and resource issues • Allocating partner bodies’ resources in support of agreed priorities
77
The Community Strategy Executive Board brings together the Chief Executives of the main organisations responsible for delivering the LAA with the Senior Lead Officer for each theme of the LAA. Its role is to: • Advise the GSP and ABG and implement their decisions • Commission work from organisations and partnerships in order to ensure delivery of the Sustainable Community Strategy • Co-ordinate and monitor delivery of the Local Area Agreement
The Five Thematic Partnerships are each tasked with delivery of one of the themes of this Local Area Agreement. It is their responsibility to drive forward delivery, to inform the prioritisation of issues and to manage performance
As members of the Gloucestershire Strategic Partnership, District LSPs are involved in setting long-term vision and overall direction. They also have a role to play in monitoring performance of LAA targets at a more local level, and raising any concerns Page 186 which arise. District LSPs can also take responsibility for co-ordinating or leading delivery of LAA outcomes at a local level.
The role of the Voluntary & Community Sector Assembly is to provide a strategic, collective voice for the sector and to represent its interests in strategic partnerships. More information about the Assembly can be found in Appendix 1.
78 11. Delivery Principles
Delivery of the LAA will be informed by the following principles:
Accountability • There will be clarity about who is accountable for delivery of tasks to deliver outcome • Commitment to tasks from partners whose contribution is crucial to delivery will be explicit • Thematic partnerships will lead on delivery with a recognition to their relationship to the GSP and LSPs • It will be clear and agreed who will oversee delivery, monitoring and evaluation and who will scrutinise performance in relation to all tasks • Tasks will be delivered at the geographic level that is most appropriate for the outcome so as to capture activity that will best generate benefits and increase capacity Page 187 • Special purpose mechanisms may need to be developed to address cross-district boundary (but sub-county) delivery issues • Communicating success will recognise all partners
Community Engagement • Engagement of stakeholders and a strong focus on the benefits to Gloucestershire communities is fundamental to implementation of the LAA • The mechanisms for and purpose of engagement need to be identified before tasks are commenced. • The views, opinions and concerns of the community and partners will always be considered in planning and determining a delivery task. • Partner and community views should routinely be captured as part of the monitoring and evaluation processes and used to improve performance.
79 Resources and Capacity Building • There should, at the outset, be clarity about how much each outcome task will cost (cash and staff) and how will it be funded • Outcome Tasks should, so far as possible, generate and record efficiencies in line with annual efficiency statements • Key partners to outcome task/s should reflect the outcome task/s in their own plans • Specific consideration should be given to setting realistic timescales against available resources • Partners should recognise the longer term commitments, for example financial and staffing, that will be needed to achieve sustainability • There should be an exit/handover strategy for every outcome task delivered
Sustainable development / equalities Page 188 • Every task must apply the principles of equality and diversity • Every task must apply the principles of sustainable development
Business case Every outcome task should have a business case which identifies: - • What the outcome is • What the task/s will do to address the outcome • What is already being done here or elsewhere that can be incorporated into the task/s and thus deliver efficiency • What will change as a result of delivering the outcome task/s • Who will deliver it
80 12. Performance Management
Gloucestershire continues to be committed to the effective performance management of the LAA. We have developed a balanced set of indicators and targets for each outcome, with links to other outcomes where possible. Indicators are, as far as possible, relevant, clear, outcome-focussed, controllable, robust and comparable. A high proportion of the indicators can be collected and monitored regularly, with annual targets profiled within the year, so we can pro-actively take action to address areas of under- performance. Each indicator has a summary sheet to ensure that definitions and accountabilities are clear, and that data sources and calculation are robust. Each theme has a delivery plan identifying key actions and milestones that again can be monitored and managed during the year.
In order to ensure consistent and effective delivery of the refreshed LAA from April 2008, we will continue with our current LAA monitoring and reporting framework, which has been agreed by the LAA Project Board:
• Gloucestershire County Council will continue to use PerformancePlus (P+), a performance management software system, Page 189 which provides a one-stop shop for tracking and reporting performance against the LAA. LAA partners (including district councils, Gloucestershire PCT and the Severn Wye Energy Agency) are also able to access P+ directly to input performance data as well as track progress. • Timely quarterly performance monitoring reports will be produced for both the Community Strategy Executive Board (CSEB) and Accountable Bodies Group (ABG). This will enable the Board to ensure that relevant action is taken to address any areas of under-performance. The Board will take account of this quarterly performance reporting cycle when setting meeting dates, to maximise the timeliness and relevance of the reports. • The quarterly performance report tracks progress against the performance indicators and LAA tasks. For each reporting period it provides the actual and target figures for each indicator, an alert to show whether it is ahead, on or behind target, as well as the direction of travel. It also shows progress against each LAA task. Any indicator or task that is behind target, signified by a red triangle in the current quarters performance column, will be accompanied by a short piece of narrative that explains what action is being taken to bring the performance back on track. The Block leads are also required to provide a brief analysis outlining how well their areas are performing for each reporting period. The report also includes historical performance for both the indicators and tasks, and tracks how well the risks related to the LAA are being managed.
81 • Where there are major concerns about the achievement of any outcome, the Board will be able to call for a more detailed action plan. Such circumstances would include, for example, if all the indicators for an outcome were reported as being off target, or ongoing under-performance of an indicator over two consecutive quarters.
Page 190
82 13. Partners to this Agreement
Michael Heap, Chair, Cllr Jackie Hall Gloucestershire Assembly for the Gloucestershire County Council Voluntary & Community Sector
Cllr Duncan Smith Cllr Rob Garnham
Cheltenham Borough Council Gloucestershire Police Authority
Cllr Lynden Stowe Professor Colin Dennis
Cotswold District Council Business Representative Page 191
Ruth Fitzjohn Cllr Martin Quaile Gloucestershire Primary Care Trust Forest of Dean District Council (on behalf of the Gloucestershire NHS Trusts)
Cllr Paul James Tim Smithson
Gloucester City Council Learning & Skills Council
Ian Knight Cllr Chas Fellows South West of England Regional Stroud District Council Development Agency
Cllr Rob Vines Tewkesbury Borough Council
83 Appendix 1 - Statement of Third Sector Engagement
1. Principles and Commitment to Third Sector Engagement.
Building on the strong partnership which already exists between the public and the third sector in Gloucestershire, the third sector is at the heart of the development, delivery and monitoring of the LAA. Gloucestershire’s Compact is recognised as being one of the strongest nationally and has provided a solid base on which to build this partnership, so that the LAA process has been developed within the spirit and the letter of the undertakings and commitments set out in the Compact.
Gloucestershire’s third sector consists of a diverse range of not for profit organisations, ranging from self-help groups to large national charities. The energy, enthusiasm and expertise of the sector, is harnessed by the Gloucestershire Assembly for the Voluntary and Community Sector – a representative structure which brings together diverse and wide-ranging interests in order to Page 192 provide a strategic and collective voice for the sector. The strength of the Assembly has meant that the third sector has played a full and active part at all levels of the LAA process.
With respect to the LAA, the third sector’s role includes:
• Service Delivery: Third sector groups are directly involved in delivering many of the services, projects and programmes arising from LAA outcomes, including leading on a number of stretch targets. • Governance: As partners in the Gloucestershire Conference, the third sector is directly involved in prioritisation, planning and decision-making. • Social capital: The third sector is skilled at engaging the wider community, building social capital throughout the county. • Provision of relevant advice and expertise
The third sector has made a substantial contribution to the development of the LAA, especially in relation to staff and volunteer hours. Partners recognise that the third sector can engage most effectively where it is properly resourced and supported to do so. Therefore partners have invested in the sector’s infrastructure and are committed to identifying and wherever possible meeting the cost of third sector engagement in LAA processes.
84 2. Mechanisms and processes for engaging the third sector
The Gloucestershire Assembly for the Voluntary and Community Sector, established in 2003, provides a county wide forum and strategic voice for the range of third sector groups working in Gloucestershire. The Assembly Board meets bi-monthly and is made up of representatives from 29 key networks/forums including representatives from each of its thematic strategy groups, equalities strands and district based forums. The Assembly is supported by the Gloucestershire Assembly Team (previously named the Partnership and Participation Project) which has been funded by Gloucestershire County Council to specifically support third sector engagement in the LAA by building on existing work and structures.
The Assembly Team co-ordinates and supports third sector representation and engagement in the Gloucestershire Conference. Through such involvement, the third sector has contributed to district and county Sustainable Community Strategies upon which much of the LAA has been based.
The Assembly is represented at all levels of the Gloucestershire Conference, and the chair of the Assembly also chairs the Page 193 Accountable Bodies Group. The Manager of the Assembly Team is also a members of the Community Strategy Executive Board. This helps make sure that third sector expertise, views and priorities are fed into all parts of the partnership process.
Driven by the need to facilitate and co-ordinate wider third sector input to the different LAA blocks, the Assembly has recently supported the development of Strategy Groups. Each Strategy Group feeds into the development of the appropriate LAA theme. The numbers of groups involved in the strategy groups are as follows:
Strategy Groups No. of member groups Children and Young People Network 502 Children and Young People Strategy Group* 35 Culture and Heritage 142 Economic Development* 158 Environment* 206 Equalities 180 Health and Social Care* 352 Learning 249 Safer and Stronger Communities 282
85 Faith 89
*these strategy group are funded in 2008-9, the rest operate as email lists and occasional meetings only
Specific LAA information and updates for the third sector have been provided through a weekly email bulletin produced by the Gloucestershire Assembly Team and circulated to 764 contacts, with links to the Gloshub website www.gloshub.org.uk and Gloucestershire County Council LAA website pages and bulletin.
3. Evidence and benefits of third sector engagement
• The third sector has identified cross-cutting issues and outcomes to address local need and promote social inclusion e.g. Page 194 third sector groups have been at the forefront of highlighting the needs of people suffering from mental health problems and their carers across the different blocks
• The third sector has sought baseline evidence from which to plan future work e.g. the VCS Assembly completed an analysis of the social impact of the third sector to assist engagement with and planning across the blocks
• The third sector has added value and resources to delivery e.g. Cheltenham Volunteer Centre has led on the delivery of volunteering targets and aligned Change Up money to look at how voluntary and community action can contribute to service delivery across the blocks
• The third sector has provided leadership and co-ordinated areas of expertise e.g. lobbying from environmental groups led to the establishment of a 5 th theme - Natural and Built Environment - which has been led by the third sector and enabled the LAA to effectively co-ordinate approaches to environmental issues in Gloucestershire
• The third sector has helped ensure the LAA is governed in an accountable manner and project-managed in a way that addresses the diverse needs of communities. The third sector has led on the development and introduction of a proofing process to assess the equalities impact of the LAA.
86 Appendix 2 – Reward Element Stretch Targets
Reference Brief Description Page LI 08 Healthy Schools 88 LI 01 Performance in writing at Key Stage 1 89 LI 04, 05 & 06 Progress of looked after children 90 NI 117 Increased percentage of children in Employment, Education or Training 91 LI 10 Increased number of adults with an NVQ level 2 qualification or above 92 LI 11 Increased number of people helped into sustained employment 93 LI 14, 15 & 16 Increased number of 4-week quitters 94 LI 18 Reduced number of ED admissions for fractured neck of femur 97 LI 19 Increased insulation and heating installations 98 LI 20 & 21 Increased number of renewable energy installations 99 Page 195 LI 24 Increased number of people volunteering 100 NI 17 & LI 25 Reduced incidents of and perception of anti-social behaviour 101
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Reward Element – Target and Outcome Improved educational attainment for vulnerable children and young people Indicator(s) by which performance will be measured More children and young people make healthy lifestyle choices, feel safe, supported and included and thus achieve more educationally. Measured through: LI 08 - Percentage of schools achieving the new healthy schools status
Current performance for indicator(s)- as at December 2006
55% Page 196 Performance expected at the end of the period of the LAA without the Reward Element – as at December 2010 75% Performance target with the Reward Element 93% Enhancement in performance with the Reward Element An 18% points improvement (=55 additional schools based on current cohort) Allocation of Performance Reward Grant £1,725,812 Comments and conditions or enabling measures Strong links with cross cutting themes of food, learning, culture and sport/physical activity. The PI around healthy schools picks up on underpinning strategic rationale re closing the gap and areas of deprivation, including rural issue (e.g. needs of CYP in Cinderford).
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Reward Element – Target and Outcome Improved educational attainment for vulnerable children and young people Indicator(s) by which performance will be measured LI 01 - Percentage of children attaining level 3 or better in writing at Key Stage 1 Current performance for indicator (academic year ending Summer 2006) 13% Performance expected at the end of the period of the LAA without the Reward Element (academic year ending Summer 2010) 17% Page 197 Performance target with the Reward Element 20% Enhancement in performance with the Reward Element A 3% points improvement Allocation of Performance Reward Grant £865,000 Comments and conditions or enabling measures PI around writing picks up an area where we need to perform far better, building on evidence based practice about equipping CYP at the earliest level through early intervention. Incorporating targets around the Gloucester Excellence Cluster, whilst not a stretch target, will contribute to achieving the stretch on Key Stage 1 writing and will help track what’s happening in KS1 for LAC. PRG will be lost if the standards at level in 3 in reading and mathematics are lower in academic year ending 2010 than in baseline year (30.6% of children attaining level 3 or better in reading at Key Stage 1; 25.2% of children attaining level 3 or better in maths at Key Stage 1)
89 Reward Element – Target and Outcome Improved educational attainment for vulnerable children and young people Indicator(s) by which performance will be measured LI 04, 05 & 06 - Looked after children make progress in line with the average progress of other children and young people: (a) Added value score for looked after children from KS1 to KS2 (b) Added value score for looked after children from KS2 to KS3 (c) Added value score for looked after children from KS3 to KS4 Current performance for indicator(s) (a) 11.59; (b) 3.3; (c) 180 Page 198 Performance expected at the end of the period of the LAA without the Reward Element (a) 11.75; (b) 4; (c) 200 Performance target with the Reward Element (a) 12; (b) 5.6; (c) 225 Enhancement in performance with the Reward Element (a) 0.25; (b) 1.6; (c) 25 Allocation of Performance Reward Grant £400,000 (a) £54,000; £135,200; £210,800 Comments and conditions or enabling measures The stretch target applies to all Looked After Children apart from those who are disapplied from the national tests
90
Reward Element – Target and Outcome 14-19 Year olds have improved choices and support suitable to their age group Indicator(s) by which performance will be measured NI 117 - % of young people aged 16-18 who are not in Education, Employment or Training (NEET) as recorded on the national NCCIS DfES database. Current performance for indicator (3 month average from November 2005 to January 2006) 5.9% Performance expected at the end of the period of the LAA without the Reward Element (3 months average from November 2010 to January 2011) 4.1% Page 199 Performance target with the Reward Element 3.5% Enhancement in performance with the Reward Element A 0.6% reduction Allocation of Performance Reward Grant £2,442,000 Comments and conditions or enabling measures This target is based on a condition that the number of young people aged 16-18 whose status is “not known” for the three month average from 1 November 2010 to 31 January 2011 is not greater than 5%.
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Reward Element – Target and Outcome Increase the number and range of skilled employees by improving the skills of local people To achieve an overall increase in the number of people in Gloucestershire obtaining an NVQ2 or equivalent qualification Indicator(s) by which performance will be measured LI 10 - The number of adults gaining NVQ2 or equivalent qualification Current performance for indicator(s) 3,500 (2006/07) (includes 2000 “Train to Gain” achievements) Performance expected at the end of the period of the LAA without the Reward Element (3 year total to March 2010) Page 200 12,000 Performance target with the Reward Element (3 year total to March 2010) 12,600 Enhancement in performance with the Reward Element 600 people Allocation of Performance Reward Grant £1,358,203 Comments and conditions or enabling measures These targets include provision funding via both adult and “Train to Gain” budgets and are reflected in the baseline data. “Train to Gain” will be influences and focused in subsequent years by the LAA priorities and stakeholders including the opportunities yielded by outcomes EDE 1 & EDE 3, as well as those in other blocks, particularly SSC 2. As a new mainstream service, the LSC do not expect to see any displacement of planned provision in the county by “Train to Gain” and believe it offers a powerful mechanism to strengthen joint working on economic development issues in Gloucestershire.
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Reward Element – Target and Outcome Increase the number and range of skilled employees: To increase the number of people who have been claiming an incapacity benefit for 2 years or more moving into sustained employment of at least 16 hours per week for 13 consecutive weeks or more Indicator(s) by which performance will be measured LI 11 - The number of people who have been claiming an incapacity benefit* who are helped by Gloucestershire 1 st into sustained employment (at least 16 hours per week for 13 consecutive weeks or more) Current performance for indicator(s) 0 Performance expected at the end of the period of the LAA without the Reward Element (3 year total to March 2010)
0 Page 201 Performance target with the Reward Element (3 year total to March 2010) 265 Enhancement in performance with the Reward Element 265 Allocation of Performance Reward Grant £1,358,203 Comments and conditions or enabling measures * Incapacity Benefit (IB), Severe Disablement Allowance (SDA (TP)), and/or Income Support (IS) on the basis of incapacity or any other health related benefit introduced as a result of the Welfare Reform Act. An individual will not be counted more than once for the purposes of this target. For the purposes of this target, people gaining work during the period of the agreement may be claimed as sustained for up to 13 weeks after the Agreement expires.
93
Reward Element – Target and Outcome To improve health & reduce health inequalities Indicator(s) by which performance will be measured (a) LI 14 - The number of smokers referred to the NHS Support to Stop Services from the 2 most deprived quintiles of Super Output Areas within the county (see notes) who remain quit at 4 weeks (b) LI 15 - The number of smokers referred to the NHS Support to Stop Services within Gloucester Prison who remain quit at 4 weeks 1 (c) LI 16 - The number of smokers with enduring mental health problems (across a range of settings) referred to the NHS Support to Stop Services who remain quit at 4 weeks 2 Data to be counted and collected according to DH Protocol (see note below) Page 202 Current performance for indicator(s) (year ending 31 March 2006) (a) 1614; (b) 12; (c) 2 Performance expected at the end of the period of the LAA without the Reward Element (cumulative total for the 3-ears ending 31 March 2010) (a) 4773; (b) 36; (c) 6 Performance target with the Reward Element (cumulative total for the three years ending 31 March 2010) (a) 4893; (b) 158; (c) 104 Enhancement in performance with the Reward Element (a) 120 additional 4 week quitters from the 2 most deprived quintiles of Super Output Areas (b) 122 additional 4 week quitters from Gloucester Prison (c) 98 additional 4 week quitters with enduring mental health problems
1 These will be prisoners or staff living or working at the prison at the time of referral and follow up. If prisoners or staff leave the prison before their 4-week quit date, they will not be counted. 2 Gloucestershire Smoking Advice Service has started its ongoing training programme with the Partnership Trust and these smokers will be identified referrals through these staff.
94 Allocation of Performance Reward Grant £1,358,203 to be split between the indicators as follows: (a) £475,371 (35%) (b) £488,953 (36%) (c) £393,879 (29%) Comments and conditions or enabling measures 5% of the Performance Reward Grant will be lost if the overall number of four week quitters in Gloucestershire is less than 8862 within the 3-year period ending 31 March 2010. Notes: • A person can be counted more than once for the purposes of this target if they make another quit attempt in a different
quarterly period (quarters run on the financial year April to June, July to September, October to December and January Page 203 to March). There is no upper limit to the number of time a person can be counted for the purposes of this indicator as long as each attempt is in a different quarter. • For the purposes of this target, people can be counted as quitters if they cease smoking up to and including 31 March 2010 if they are not smoking four weeks later. • The data for this indicator is collected locally for the whole of Gloucestershire and returned to the Department of Health by the PCT. The number from our most deprived areas is calculated from postcodes of the 3 week quitters held on a local database. The areas are the 40% most deprived Super Output Areas in Gloucestershire as measured by the Index of Multiple Deprivation 2004 (see following list):
95
40% most deprived Super Output Areas in Gloucestershire as measured by the Index of Multiple Deprivation 2004 Westgate (E01022349/23UEGG); Westgate (E01022347/23UEGG); Podsmead (E01022333/23UEGC); St Paul’s (E01022152/23UBGF); Kingsholm & Wotton (E01022311/23UEFY); Matson & Robinswood (E01022319/23UEGA); Springbank (E01022160/23UBGH); Moreland (E01022332/23UEGB); Oakley (E01022133/23UBGA); Hesters Way (E01022122/23UBFX); Matson & Robinswood (E01022323/23UEGA); Barton & Tredworth (E01022291/23UEFT); Barton & Tredworth (E01022289/23UEFT); Moreland (E01022329/23UEGB); Hesters Way (E01022120/23UBFX); Barnwood (E01022286/23UEFS); Hesters Way (E01022121/23UBFX); St Mark’s (E01022147/23UBGE); Barton & Tredworth (E01022292/23UEFT); Tuffley (E01022346/23UEGF); Barton & Tredworth (E01022290/23UEFT); Barton & Tredworth (E01022293/23UEFT); Barton & Tredworth (E0102228/23UEFT); Matson & Robinswood (E01022322/23UEGA); Moreland (E01022328/23UEGB); Tewkesbury Prior's Park (E01022458/23UGGZ); St Peter’s (E01022157/23UBGG); Swindon Village (E01022164/23UBGJ); Cinderford West (E01022238/23UDGQ); Barnwood (E01022285/23UEFS); Matson & Robinswood (E01022324/23UEGA); Oakley (E01022131/23UBGA); Matson & Robinswood (E01022320/23UEGA); Oakley (E01022132/23UBGA); Lydney East (E01022256/23UDGY); Lydney East (E01022254/23UDGY); Cinderford East (E01022237/23UDGP); St Paul’s (E01022153/23UBGF); Springbank (E01022159/23UBGH); Barnwood (E01022284/23UEFS); Brockworth (E01022424/23UGGG); Barton & Tredworth (E01022294/23UEFT); St Mark’s (E01022149/23UBGE); All Saints (E01022102/23UBFQ); Kingsholm & Wotton (E01022312/23UEFY); Stonehouse (E01022403/23UFHG); Moreland (E01022326/23UEGB); Dursley (E01022375/23UFGT); Cirencester Watermoor (E01022200/23UCGZ); Tewkesbury Prior's Park
(E01022457/23UGGZ); Moreland (E01022331/23UEGB); Churchdown St John's (E01022428/23UGGJ); Oakley (E01022134/23UBGA); Kingsholm & Wotton Page 204 (E01022310/23UEFY); St Paul’s (E01022154/23UBGF); Cam West (E01022364/23UFGP); Coleford East (E01022243/23UDGS); Newnham & Westbury (E01022265/23UDHD); Brockworth (E01022421/23UGGG); Grange (E01022301/23UEFW); St Peter’s (E01022158/23UBGG); Coleford Central (E01022242/23UDGR); Lydbrook & Ruardean (E01022251/23UDGX); Cinderford West (E01022240/23UDGQ); Cainscross (E01022358/23UFGM); Elmbridge (E01022296/23UEFU); Awre (E01022228/23UDGG); Moreland (E01022330/23UEGB); St Paul’s (E01022151/23UBGF); Littledean & Ruspidge (E01022250/23UDGW); Lansdown (E01022127/23UBFY); Slade (E01022399/23UFHF); Minchinhampton (E01022383/23UFGZ); Tuffley (E01022344/23UEGF); Matson & Robinswood (E01022321/23UEGA); St Mark’s (E01022148/23UBGE); Bream (E01022231/23UDGK); Westgate (E01022348/23UEGG); St Peter’s (E01022156/23UBGG); Coleford Central E01022241/23UDGR); Kingsholm & Wotton (E01022309/23UEFY); Central (E01022365/23UFGQ); Coleford East (E01022245/23UDGS); St Peter’s (E01022155/23UBGG); Coombe Hill (E01022440/23UGGP); Berry Hill (E01022229/23UDGH); Valley (E01022414/23UFHP); Springbank (E01022161/23UBGH); Cirencester Beeches (E01022188/23UCGU); Lansdown (E01022124/23UBFY); Podsmead (E01022334/23UEGC); Matson & Robinswood (E01022325/23UEGA); St Mark’s (E01022150/23UBGE); Mitcheldean & Drybrook (E01022260/23UDHA); Northway (E01022450/23UGGU); Newland & St Briavels (E01022264/23UDHC); Cainscross (E01022356/23UFGM); Pittville (E01022142/23UBGC); Coleford East (E01022244/23UDGS); Newnham & Westbury (E01022266/23UDHD); Innsworth With Down Hatherley (E01022448/23UGGS); Pillowell (E01022268/23UDHF); Newland & St Briavels (E01022263/23UDHC); Tuffley (E01022343/23UEGF); Berkeley (E01022351/23UFGK); Mitcheldean & Drybrook (E01022258/23UDHA); Cirencester Chesterton (E01022192/23UCGW); Moreland (E01022327/23UEGB); College (E01022117/23UBFW); Lansdown (E01022126/23UBFY); Pittville (E01022141/23UBGC); Bream (E01022232/23UDGK); Moreton-In-Marsh (E01022211/23UCHG); Badgeworth (E01022420/23UGGF); Lydbrook & Ruardean (E01022253/23UDGX); Alvington, Aylburton & West Lydney (E01022227/23UDGF); Newent Central (E01022262/23UDHB); Tewkesbury Town With Mitton (E01022459/23UGHA); Pillowell (E01022269/23UDHF); Littledean & Ruspidge (E01022249/23UDGW); Quedgeley Fieldcourt (E01022338/23UEGD); Christchurch & English Bicknor (E01022234/23UDGM); Nailsworth (E01022388/23UFHA); Tewkesbury Town With Mitton (E01022460/23UGHA); Tidenham (E01022274/23UDHJ); Hardwicke (E01022379/23UFGX); Cinderford West (E01022239/23UDGQ); Cinderford East (E01022236/23UDGP); Dursley (E01022373/23UFGT); Tidenham (E01022273/23UDHJ); Hucclecote (G); (E01022303/23UEFX); The Stanleys (E01022407/23UFHH); Shurdington (E01022454/23UGGX); Eastington & Standish (E01022376/23UFGU); Grange (E01022302/23UEFW); Quedgeley Fieldcourt (E01022337/23UEGD); Trinity (E01022410/23UFHK); Warden Hill (E01022173/23UBGL); Blaisdon & Longhope (E01022230/23UDGJ); Tetbury (E01022218/23UCHM); Redmarley (E01022270/23UDHG); Bromesberrow & Dymock (E01022233/23UDGL); Alvington, Aylburton & West Lydney (E01022226/23UDGF); Farmhill & Paganhill (E01022377/23UFGW); Wotton-Under-Edge (E01022416/23UFHQ); Barnwood (E01022287/23UEFS); Newent Central (E01022261/23UDHB)
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Reward Element – Target and Outcome Supporting independence, health and well-being for those over 75 Indicator(s) by which performance will be measured LI 18 - The number of people aged 75 or over admitted to hospital with fractured femur Current performance for indicator(s) (Year ending December 2005) 655 Performance expected at the end of the period of the LAA without the Reward Element (Cumulative target for the 3 years ending 31 December 2009) 635
Performance target with the Reward Element Page 205 (Cumulative target for the 3 years ending 31 December 2009) 589 Enhancement in performance with the Reward Element 46 fewer people aged 75 or over admitted to hospital with fractured femur Allocation of Performance Reward Grant £1,358,203 Notes Indicator measures the number of people aged 75 and over admitted (emergency admissions) to hospital as a result of falls. To count in this target, a person aged 75 or over must be registered with a GP in the PCT area relating to Gloucestershire County Council; people who are registered with a GP outside the council’s PCTarea will not be counted, even if resident in the council’s area. HES data to be used, corresponding to ICD codes S72 excluding S72.4 Note – using the diagnosis in any of the positions 1 to 6.
97
Reward Element – Target and Outcome More resilient Homes Indicator(s) by which performance will be measured: The number of homes with improvements made to heating systems* and thermal comfort** resulting in increased affordable warmth and improvements in private sector decency standards for all***. Measured by: • LI 19 - Number of measures (cavity wall, loft insulation and central heating) installed via Gloucestershire Warm and Well scheme Current performance for indicator(s)
• 5,829 measures installed (loft and cavity wall and boilers) - based last 3 years figures from Gloucestershire Warm and Page 206 Well scheme Performance expected at the end of the period of the LAA without the Reward Element (3 years ending March 2010) • 5,829 measures installed via Warm and Well scheme (loft, cavity walls and boilers) Performance target with the Reward Element (3 years ending March 2010) • 8,229 measures installed via Warm and Well scheme Enhancement in performance with the Reward Element • 2,400 installations via Warm and Well scheme (30% increase) Allocation of Performance Reward Grant £1,358,203 Comments and conditions or enabling measures * includes complete central heating (gas, electric, oil, wood pellet) and replacement boiler (if boiler over 15 years old) ** cavity wall insulation, loft insulation ***includes those on low incomes - not just those on benefits
98
Reward Element – Target and Outcome More resilient communities Indicator(s) by which performance will be measured (i) LI 20 - Number of domestic, public sector, business (including farmers) and community renewable energy installations. (ii) LI 21 - Installed capacity of renewable energy. Current performance for indicator(s) 50 installations per year Performance expected at the end of the period of the LAA without the Reward Element (3 years ending March 2010) (i) 150 installations; (ii) 1MW Performance target with the Reward Element (3 years ending March 2010) Page 207 (i) 300 installations; (ii) 2 MW Enhancement in performance with the Reward Element (i) 150 installations; (ii) 1 MW Allocation of Performance Reward Grant £1,358,203 (i) 50%; (ii) 50% Comments and conditions or enabling measures “Renewable energy installations” include the following technologies: Solar water heating, Solar Photovoltaic, Wind energy, Biomass energy (as defined within Revision 2010/2020, including both heat and power generation and wood fuel energy crops and organic waste), Hydro power, Ground and water source heat pumps, Tidal energy Baseline and performance data to come from numbers of installations recorded under current and recent government grant programs (Low Carbon Buildings and Clear Skies)
99 Reward Element – Target and Outcome Empower local people to have a greater choice & influence over local decision-making & in service delivery & increasing the capacity of communities to take voluntary action in order to create more vibrant & thriving communities Indicator(s) by which performance will be measured LI 24 - The percentage of people reporting that they have engaged in formal volunteering on an average of at least two hours per week over the past year, as recorded by the Fear of Crime Survey (sent to 18,000 residents). (Note: the survey figures below have a confidence interval of +/-3%) Current performance for indicator(s) 13.9%
Performance expected at the end of the period of the LAA without the Reward Element Page 208 13.9% Performance target with the Reward Element 17.9% Enhancement in performance with the Reward Element A 4% points improvement Allocation of Performance Reward Grant £1,358,203 Comments and conditions or enabling measures All survey data will have a confidence interval of no more than +/-3%.
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Reward Element – Target and Outcome Build Respect in Communities & Reduce Anti-Social Behaviour Indicator(s) by which performance will be measured NI 17 - Percentage of people who perceive high levels of anti-social behaviour (as measured by Local Government User Satisfaction Survey, calculated on the methodology used by the British Crime Survey, using a scale constructed of the 7 individual strands) LI 25 - The total number of incidents reported to Police that are of an anti social nature, but do not constitute a criminal offence (see below for categories) Current performance for indicator(s) (iii) 18% (2006/07 Survey results); (v) 40,819 (Year ending March 2006) Page 209 Performance expected at the end of the period of the LAA without the Reward Element (iii) 18% (2009/10 Survey results); (v) 3-year total: 117,968 (3 years ending March 2010) Performance target with the Reward Element (iii) 14% (2009/10 Survey results); (v) 3-year total: 114,274 (3 years ending March 2010) Enhancement in performance with the Reward Element (iii) A 4% points reduction; (v) 3,694 fewer incidents over 3 years Allocation of Performance Reward Grant £1,358,203 (iii) 50%; (v) 50% Comments and conditions or enabling measures Categories to which (v) applies: Substance Misuse; Street drinking inc breach of dppo; Begging; Prostitution related activity; Abandoned veh-not stolen or obstr; Nuisance veh & inappropriate use; Noise business or industry; Alarms; Pubs & Clubs; Noise -vehicles or other devices; Environment/rowdy/nuis/damage/litr; Fireworks - inappropriate use; Public space - rowdy nuisance; Neighbours - rowdy/nuisance; Inconsiderate behaviour/rowdy; Hoax calls to emerg serv-not crime; Animal realated problems; NC_hate_race; NC_hate_relgion; NC_gender/sexual orientation; NC_hate_disability; NC_hate_age; NC_firearms - non crime; Malicious communications; ASB Incidents
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This page is intentionally left blank Page 211 Agenda Item 11 Gloucester City Council
COMMITTEE : Overview and Scrutiny Management Committee Cabinet DATE : 7 July 2008 9 July 2008 SUBJECT : Council Targets for Building a Better Gloucester – Corporate Plan 2008-2011 DECISION TYPE : Budgetary and Policy Framework WARD : All REPORT BY : Leader of the Council NO. OF APPENDICES : 1 – Building a Better Gloucester: Targets 2 – High level measures for the Key Aims REFERENCE NO. : PC200809
1.0 PURPOSE OF REPORT
1.1 To present the measures and targets used in ‘Building a Better Gloucester’ the corporate plan for 2008-2011.
2.0 RECOMMENDATIONS
2.1 Members are asked to consider the measures and their targets in Appendix 1 and the high level measures in Appendix 2 that will be used to determine the progress towards the outcomes in the corporate plan, on the understanding that the target- setting process for the measures is an ongoing process that will be monitored by cabinet and scrutiny committees.
2.2 That delegated authority be given to the Chief Executive, in consultation with the Leader, to make amendments to the measures and targets in the corporate plan as required.
3.0 BACKGROUND
3.1 ‘Building a better Gloucester’ is Gloucester City Council’s strategic plan for the next three years and it contains the key aims and outcomes that we want to achieve. It also lists the measures we will use to demonstrate the achievements.
3.2 The measures listed have been refined in the light of the LAA agreement (See 3.3), the governments published definitions for the new set of national indicators (See 3.4), and the Places Satisfaction Survey.(See 3.5)
3.3 The Local Area Agreement’s measures and targets have been incorporated into the corporate plan.
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3.4 The National set of measures (NIs) has now been published. There is a mixture of new PIs that have not been collected before, and existing indicators that are being continued from old BVPIs or other information that was previously collected. Where there is existing data, targets can be set and these have been included. Where the PIs are new then targets are not set until a baseline is established
3.5 The Places Survey, the replacement for the Best Value General Satisfaction survey will be carried out for the first time this autumn. Some of the questions have not been asked before and will therefore set a baseline figure this autumn. Where previous information is available targets have been included.
4.0 PROGRESS
4.1 The provisional list of measures contained in the Corporate Plan that went to Council in February has been revised to include those needed for the LAA and the Places Survey. Where the new NIs are duplicating the local indicators in the corporate plan, designated CP-, the local PIs have been replaced with NIs.
4.2 The appendix ‘Building a Better Gloucester: Targets’ contains the full list of the measures we are proposing to collect for reporting the performance of the corporate plan ‘Building a better Gloucester’
4.3 For each measure listed the tables contain the following information.
Column Explanation Heading Measure This represents the following: Code NI – National indicator set by the government CP – Local indicator set by the council to monitor the corporate plan HR – Value for money indicator related to our Human resources services, set by the Audit Commission E - Value for money indicator related to our Estates management services, set by the Audit Commission F - Value for money indicator related to our Financial services, set by the Audit Commission P - Value for money indicator related to our Procurement services, set by the Audit Commission BV – Best Value PIs that we will continue to collect LI – Local Area Agreement measures used to monitor outcomes in the LAA not covered by NIs.
Definition This is the short definition text. The complete detailed definition can be found on the intranet, and on the audit sheets for each measure held by the owners. Key Priority This refers to the key policy objectives in the corporate plan Ref which are Target 08/09 Target for the financial year. Where a baseline figure needs to be set this is stated. Target 09/10 Target for the financial year. Target 10/11 Target for the financial year.
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Owner The person in the authority who has overall responsibility for managing the PI. Reporting The organisation with the overall responsibility for reporting Org the information. LAA Denotes the measure is used to monitor progress of the Local Area Agreement. Data Source Where the data comes form another source or partner they are named, where left blank the data is produced directly by the city council. Reporting The frequency that the measures will be reported. Monthly frequency where possible, quarterly, annually or biennially as appropriate PSA or DSO This highlights where the measure is being used to monitor the progress of outcomes in the Government’s Public Service Agreement and the Comments Additional comments as needed.
4.4 ‘NI’ - The National set of indicators contains almost 200 indicators. Only a proportion of these relate to District councils and these are the ones listed in the appendix. Others that relate to county council operations such as education and social services are only mentioned if the city council has an input to them, and has sighned up to them through the LAA process. These are indicators we are legally obliged to collect and report to the government, and the majority of the measures used in the LAA are NIs. The definitions and method of collection is explicitly described in the full documentation available from CLG and on our intranet.
4.5 ‘CP’ – These are the local measures we have set in order to monitor performance not covered by the national indicator set. They are designed to give us the information we need to manage our performance. The definitions are set by us and if required new measures can be added, or ineffective measures can be changed or removed. For the most part these are new indicators which will require testing and refining.
4.6 The value for money indicators HR-, E-, F-, and P- have been selected from an Audit Commission publication. These have definitions set by the Audit Commission and are therefore tried and tested and will be comparable across the authorities that use them.
4.7 Appendix 2 contains the proposed high level measures that will be used to report performance of the corporate plan.
5.0 FUTURE WORK
5.1 The introduction of the new set of National Indicators replacing the old Best Value indicators, include a significant proportion that have not been measured before. This will result in a significant gap in performance information for the year 2008/09. There will be very few measures that we will be able to compare with others and it will not be possible to produce any trend information either.
5.2 To enable the continuity of performance information we are continuing to collect a number of the old BVPIs. These are included in the Appendices and we will continue
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to collect them if they are providing useful information, unless they are replaced by new national PIs.
5.3 The process of setting the targets for the measures set out in the plan will continue, ensuring that appropriate and challenging goals are set.
6.0 CONCLUSIONS
6.1 This is a living document and will be updated and amended as required as the corporate plan develops. The measures and targets must be able to demonstrate the performance of the outcomes in the corporate plan.
6.2 This comprehensive list of measures will enable us to manage and progress the key aims in the corporate plan.
7.0 FINANCIAL IMPLICATIONS
7.1 To follow
7.2 Name of the Officer:
8.0 LEGAL IMPLICATIONS
8.1 To follow
8.2 Name of the Officer:
9.0 RISK MANAGEMENT IMPLICATIONS
9.1 Each action in the corporate plan, including its measures and targets, should be assessed individually and the impact detailed in the relevant reports on progress to GLT, Cabinet and Council. The corporate plan as a whole has had an Equalities Impact Assessment and measures put in place as a result.
10.0 PREDICTIVE IMPACT ASSESSMENTS (EQUALITIES)
10.1 There is a commitment in throughout the plan to delivering the equalities agenda. Each action will be assessed and the impact detailed in the relevant reports on progress to GLT, Cabinet and Council.
11.0 OTHER CORPORATE IMPLICATIONS
1. Community Safety
Each action in the corporate plan should be assessed individually and the impact detailed in the relevant reports on progress to GLT, Cabinet and Council.
2. Environmental
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Each action in the corporate plan should be assessed individually and the impact detailed in the relevant reports on progress to GLT, Cabinet and Council.
3. Staffing (Personnel to complete) To follow
Name of the Officer:
4. Trade Union
No comments at the present time
Background Papers :
Published Papers :
Person to Contact : Rupert Charley Tel: 396709 E-mail: [email protected]
PC200809 5 Page 216
This page is intentionally left blank Building a Better Gloucester: Targets Appendix - 1
Key Measure Priority Reporting Data Reporting PSA or Code Definition Ref Target 08/09 Target 09/10 Target 10/11 Owner Org LAA Source Frequency DSO Comments
NI 1 % of people who believe people Rupert from different backgrounds get on 19, 20, 21, Charley/J County Lead - District & County are looking at NI 1 well together in their local area 29 81 82 85 Douglas Kevin Lee LAA Places Survey Biennial PSA 21 possibility of doing annual Baseline/ Rupert NI 2 % of people who feel that they 15, 19, 20, Benchmark Charley/J District & County are looking at NI 2 belong to their neighbourhood 21, 29 Req'd Douglas County/City Places Survey Biennial PSA 21 possibility of doing annual Baseline/ Rupert NI 3 Civic participation in the local Benchmark Charley/J District & County are looking at NI 3 area 21 Req'd Douglas County/City Places Survey Biennial PSA 15 possibility of doing annual Rupert NI 4 % of people who feel they can 7, 19, 21, Charley/J County Lead - District & County are looking at NI 4 influence decisions in their locality 29 29 30 33 Douglas Jacquie Harris LAA Places Survey Biennial PSA 21 possibility of doing annual Rupert NI 5 Overall/general satisfaction Charley/J County Lead - District & County are looking at NI 5 with local area 19, 29 72 75 82 Douglas Jacquie Harris LAA Places Survey Biennial CLG DSO possibility of doing annual Baseline/ Rupert NI 6 Participation in regular Benchmark Baseline plus Charley/J District & County are looking at NI 6 volunteering 21 Req'd 4.1% Douglas County/City Places Survey Biennial CO DSO possibility of doing annual Baseline/ Page 217 NI 7 Environment for a thriving third Benchmark Rupert County Lead - NI 7 sector 29 Req'd Charley Jacquie Harris LAA Postal Survey Quarterly CO DSO Active Gloucestershi Rupert re - John DCMS NI 8 NI 8 Adult participation in sport 6 24.40% 25.40% 26.40% Charley Stephenson LAA Active Sport Quarterly DSO District & County are looking at NI 10 NI 10 Use of Museums and Galleries 4 853 860 870 A Fox County/City Places Survey Biennial possibility of doing annual Baseline/ Benchmark Active people DCMS Dependent on data being NI 11 NI 11 Engagement in the arts 4 Required A Mitchelstead Sport England survey Monthly? DSO available
NI 12 Refused and deferred Houses in Multiple Occupation (HMO) Baseline/ license applications leading to Benchmark License NI 12 immigration enforcement activity 8 Not req'd Required J Wight City Register ? HO DSO Still under consultation Monthly for NI 14 Avoidable contact: The Customer average number, of customer Baseline/ Service. contacts per received customer Benchmark CRM & Annual for CS taking info from CRM other NI 14 request 3 Required Wendy Jones City Manual Count other services services manual sampling.
NI 22 Perceptions of parents taking Baseline/ Rupert responsibility for the behaviour of Benchmark Charley/J District & County are looking at NI 22 their children in the area 21 Required Douglas County/City Places Survey Biennial HO DSO possibility of doing annual NI 23 Perceptions that people in the Baseline/ Rupert area treat one another with respect Benchmark Charley/J District & County are looking at NI 23 and dignity 21 Required Douglas County/City Places Survey Biennial HO DSO possibility of doing annual
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Key Measure Priority Reporting Data Reporting PSA or Code Definition Ref Target 08/09 Target 09/10 Target 10/11 Owner Org LAA Source Frequency DSO Comments Glos Constabulary - Local NI 35 Building resilience to violent Self Assessed at Alex Strategic NI 35 extremism 21 level 2 Level 3 Level 4 Francis Gobey Drummond LAA Partn Annual PSA 26
NI 37 Awareness of civil protection Baseline/Benchm Rupert District & County are looking at NI 37 arrangements in the local area 23 ark Req'd Charley Biennial CO DSO possibility of doing annual NI 139 People over 65 who say that they receive the information, assistance and support needed to Baseline/ R Charley / exercise choice and control to live Benchmark Jan Kirby / Stroud Lead - District & County are looking at NI 139 independently 29 Req'd Mary Hopper Kelvin May LAA Places Survey Biennial? ? possibility of doing annual LAA Glos First Annual Lead Stan Population NI 151 NI 151 Overall employment rate 7, 10 80.50% 81% 81.50% A Gwinnett Jones LAA survey Quarterly PSA 8 Data released with 8 month lag
NI 152 Working age people on out of Awaiting Figures DWP/Job NI 152 work benefits 10 from DWP A Gwinnett Centre Plus Quarterly? PSA 8 Page 218
NI 153 Working age people claiming LAA Glos First out of work benefits in the worst Lead Stan DWP Data released with 6 month time NI 153 performing neighbourhoods 10 28.50% 27.50% 26% A Gwinnett Jones LAA Quarterly DSO lag NI 154 Net additional homes Awaiting RSS to Awaiting RSS to NI 154 provided 7, 8 346 be adopted be adopted Mick Thorpe Annual PSA 20 NI 155 Number of affordable homes NI 155 delivered (gross) 8, 9 128 279 167 Jan Kirby Annual PSA 20 Cant do Monthly Figures
NI 156 Number of households living NI 156 in Temporary Accommodation 8 10% 5% 2% M Hopper Monthly? PSA 20 NI 157 Processing of planning applications as measured against targets for ‘major’, ‘minor’ and ‘other’ application types major NI 157a applications 13 weeks 7 65% 70% 75% Rob Eaton Monthly CLG DSO
NI157b Minor applications 8 weeks 7 75% 80% 85% Rob Eaton Monthly CLG DSO
NI157c Other Applications 8 weeks 7 85% 88% 90% Rob Eaton Monthly CLG DSO
NI158 NI 158 % decent council homes 9 49% 49% 49% Trea Connon Quarterly CLG DSO County Lead - NI 159 Supply of ready to develop Duncan NI 159 housing sites 8, 9 150% 180% 200% Mick Thorpe Jordan Annual CLG DSO
NI 160 Local Authority tenants’ NI 160 satisfaction with landlord services 9 80% 85% 92% Trea Connon Annual CLG DSO
Version 27 June Page 2 of 11 Building a Better Gloucester: Targets Appendix - 1
Key Measure Priority Reporting Data Reporting PSA or Code Definition Ref Target 08/09 Target 09/10 Target 10/11 Owner Org LAA Source Frequency DSO Comments NI 170 Previously developed land Baseline/ that has been vacant or derelict for Benchmark NI 170 more than 5 years 7 Req'd Mick Thorpe Annual CLG DSO Baseline/ NI 172 VAT registered businesses in Benchmark A Gwinnett/A BERR NI 172 the area showing growth 11 Req'd Kite Quarterly? DSO NI 175 Access to services and Baseline/ facilities by public transport, Benchmark Collected at County level NI 175 walking and cycling 29 Req'd M Brentnall LAA DfT DSO annually query district level? NI 179 Value for money – total net value of on-going cash-releasing value for money gains that have Annual to be impacted since the start of the 2008- developed into Pitched at CSR07 to be NI 179 9 financial year 32 1,180,000 2,410,000 3,670,000 Steve Phelps Quarterly CLG DSO reviewed when Peter starts NI 180 Changes in Housing Benefit/ Council Tax Benefit entitlements Sandra DWP NI 180 within the year 9 10,000 10,000 10,000 Thomas DWP IBS/Anite Monthly DSO Monitored Daily
NI 181 Time taken to process Page 219 Housing Benefit/Council Tax Benefit Sandra DWP NI 181 new claims and change events 9 15 15 15 Thomas DWP IBS/Anite Monthly DSO Monitored Daily NI 182 Satisfaction of businesses Baseline/ with local authority regulation Benchmark BERR NI 182 services BERR DSO 11 Req'd Gill Ragon Monthly DSO Annual reporting NI 184 Food establishments in the Baseline/ area which are broadly compliant Benchmark NI 184 with food hygiene law 4 Req'd G Ragon Annual
Baseline/ NI 185 CO2 reduction from Local Benchmark Annual NI 185 Authority operations 17 Req'd J Wight calender year PSA 27 Baseline/ NI 186 Per capita CO2 emissions in Benchmark County Lead - NI 186 the LA area PSA 27 29 Req'd J Wight Terry Smith LAA PSA 27 NI 187 Tackling fuel poverty – people receiving income based Baseline/ If private Dave Sutton if Public benefits living in homes with a low Benchmark D Sutton / Defra GCH F Gobey only awareness. NI 187 energy efficiency rating 17 Req'd Trea Connon LAA Annual DSO Awaiting RSL info County Lead - NI 188 NI 188 Adapting to climate change 18, 29 level 1 level 2 level 3 M Brentnall Terry Smith LAA Annual Awaiting lead info David Sutton/ NI 189 Flood and coastal erosion from Enviro Frances Environment Defra NI 189 risk management 18 Agency Mangan Agency Annual DSO NI 191 Residual household waste County Lead - Defra NI 191 per head 14, 29 718 618 610 Tony Hipkins Tony Childs LAA Monthly DSO BV84a
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Key Measure Priority Reporting Data Reporting PSA or Code Definition Ref Target 08/09 Target 09/10 Target 10/11 Owner Org LAA Source Frequency DSO Comments NI 192 Household waste recycled County Lead - Defra NI 192 and composted 14, 29 39 48 49 Tony Hipkins Tony Childs LAA Monthly DSO BV82 a & B
Baseline / NI 193 NI 193 Municipal waste land filled 14 Benchmark req'd Tony Hipkins Monthly Relies on MSDC data
NI 194 Level of air quality – reduction in NOx and primary PM10 emissions through local authority’s Baseline / Annual Jan - NI 194 estate and operations. 17 Benchmark req'd J Wight Dec PSA 28 NI 195 Improved street and environmental cleanliness (levels of Quarterly graffiti, litter, detritus and fly 8% Litter, 0% 8% Litter, 0% 8% Litter, 0% dependent on Defra NI 195 posting) 13, 15 other other other Tony Hipkins survey date DSO BV199a,b & c NI 196 Improved street and environmental cleanliness – fly Defra NI 196 tipping 13 Grade 1 Grade 2 Grade 3 Tony Hipkins DSO BV199d Page 220 Baseline/ NI 197 Improved local biodiversity – Benchmark NI 197 active management of local sites 17 Req'd M Brentnall Annual PSA 28 Snap shop as at 31.3 each year Children and Young peoples satisfaction with parks and play Establish Ofstead NI 199 areas 15 Not Req'd Baseline Francis Gobey County TellUs survey Annual ?
BV009 Council Tax Collected 32 97.25 P Winters Monthly BV010 NNDR Collected 32 99.3 P Winters Monthly
BV212.05 Average time to re-let 8 19 1815 T Connan L Philips GCH Monthly
BV066a.05 % Rent collected/rent owed 8 98.84% 98.88% 99% T Connan L Philips GCH Monthly % Tenants > than 7 weeks gross BV066b.05 arrears 8 4% 3.50% 3.20% T Connan L Philips GCH Monthly
BV066c.05 % Possession notices served 8 10.50% 10.30% 10% T Connan L Philips GCH Monthly
BV066d.05 % Tenants evicted for Arrears 9 0.14% 0.14% 0.13% T Connan L Philips GCH Monthly BV170a Visits to/Usage of Museums 4 848 A Fox Monthly BV170b Visits to the museums in person 4 544 A Fox Monthly
BV170c Pupils visiting museums and galleries 4 3900 A Fox Monthly % Change of families in temporary BV203 accomodation 8 -12.50% M Hopper Monthly BV213.05 Has preventing Homeless 82 M Hopper Monthly BV214.05 Repeat Homelessness 82 M Hopper Monthly LPI HH16 New Homeless cases 8 400 M Hopper Monthly LPI HH03 Families in B & B 8 15 M Hopper Monthly CP - 1 CP-1 Retail improvement index 1 To be determined A Gwinnett Define which index and target
Version 27 June Page 4 of 11 Building a Better Gloucester: Targets Appendix - 1
Key Measure Priority Reporting Data Reporting PSA or Code Definition Ref Target 08/09 Target 09/10 Target 10/11 Owner Org LAA Source Frequency DSO Comments CP - 2 CP-2 Evening economy 1 To be determined A Gwinnett Pubs and Restaurants trading CP-4 Attendance at events 1 Baseline/ Per annum customers for all CP - 4 Benchmark req'd M Smith events CP-6 Positive media coverage – a) 1 local Baseline/ CP - 6 Benchmark req'd M Grodnetz Monthly b) national 1 Baseline/ Benchmark req'd M Grodnetz Monthly c) international 1 Baseline/ Benchmark req'd M Grodnetz Monthly CP-7 Footfall in city 1 Baseline/ Needs to tie in with County CP - 7 Benchmark req'd A Gwinnett Footfall CP-9 Number of hotel bed nights 1 Baseline/ CP - 9 Benchmark req'd A Gwinnett Quarterly CP-10 Public knowledge / satisfaction - 2 Survey Req'd for Reputations Campaign Baseline/ CP - 10 Benchmark M Grodentz Annual Survey Page 221 CP-13 Number of visitors 4, 5 Data is produced October for CP - 13 1,741M 1,800M 1,900M D Stevens Annual the previous year CP-14 Tourist income to the city 4 Data is produced October for CP - 14 104,256M 105,000M 108,000M D Stevens the previous year CP-20 Proportion of residents who believe Gloucester is improving. Baseline/ CP - 20 7 Benchmark req'd F Gobey Annual CP-23 Regeneration Measures - 1) No of homes, 2) no of jobs, 3) amount of brownfield land redeveloped Baseline/ Year on Year Year on Year URC Annual Report based on CP - 23 7 Benchmark req'd increase increase P Staddon Annual 10 year program CP-26 Housing condition survey - One off every 5 years to give Improved from last survey Survey to be baseline data last one done CP - 26 9 Not due Not due arranged David Sutton 5 Yearly 2005 CP - 28 CP-28 Housing needs surveys 9 Planned 2010 Next due 2014 J Kirby 5 Yearly One off every 4/5 years CP-36 Parks and open spaces CP - 36 achieving Green Flag Accreditation. 15 333Tony Hipkin Annual CP-44Performance against Strategic and Operational PIs in place with our Baseline/ Rupert Due to implement 09/10 based CP - 44 partner. 13 Benchmark req'd Charley on 08 figures CP-47 Achievement of progress Adoption of against milestones set out in the Local Core Strategy by CP 47 Development Scheme 16 2009 Mick Thorpe Annual Set of Milestones CP-48 Satisfaction with public toilets CP 48 15 90% To follow To follow Tony Hipkins Annual
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Key Measure Priority Reporting Data Reporting PSA or Code Definition Ref Target 08/09 Target 09/10 Target 10/11 Owner Org LAA Source Frequency DSO Comments CP-53 Number of Hate crime incidents Numbers only, target to be set recorded by the authority Baseline/ after 1st year. Previously Benchmark recorded Racist crime now CP - 53 21 Req'd Sue Tilley Quarterly covering all 7 equality strands. CP-57 Measure the required Rupert CP - 57 management competencies 26 Not Due till 9/10 Charley CP-58 Staff awareness Baseline/ Benchmark Best Council Best Council survey will provide CP - 58 27 Req'd P Tsakpo Survey baseline CP-61 Percentage efficiency saving CP - 61 delivered annually 30 3% 6.10% 9.30% S Phelps Annual CP-65 Use of Resources assessment scores of 3 and above by April 2009. CP - 65 31 Maintain level 2 Level 3 Level 3 Peter Gillett Annual CP-77 Corporate finances within 5% of CP - 77 budged figures 31 5% 5% 5% S Phelps Quarterly CP-78 Amount of external funding Baseline/ realised. Benchmark CP - 78 31 Req'd S Phelps Quarterly Page 222 Delivery against the cultural strategy’s action plan, M7 -King's Square - select new design and procure new square (City Council / GHURC) M8 -Develop a Heritage Centre (City Council / Civic Trust) M9 -University relocation to Blackfriars (University / GHURC) M10 -Develop and implement Sports "Hub" at Plock Court (City Council / University / Bishops College / Sport England / Football Foundation) M11 -Progress Four Gates Centre (Four Gates Trust / City Council) M12 -Successfully launch Marketing GLoucester (City Council / Partners) CP - 86 6 M7 - M12 P Staddon CP-87 Assessment of all local Assessment Rupert CP - 87 stategies and policies 2010/11 30 Not Due Not Due complete Charley Project CP-88 Continuous improvement Number of PI's Number of PI's Number of PI's Improving Year Improving Year Improving Year Rupert CP - 88 32 on Year on Year on Year Charley Annual CP-89 Benchmarking against other comparable organisations. Quartile postion compared to nearest neighbour Baseline/ Rupert CP - 89 groups 32 Benchmark req'd Charley Annual Due 09/10 based on 08 figures
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Key Measure Priority Reporting Data Reporting PSA or Code Definition Ref Target 08/09 Target 09/10 Target 10/11 Owner Org LAA Source Frequency DSO Comments CP-91 Delivering timely and accurate performance information to Cabinet monthly and Scrutiny Quarterly Rupert CP - 91 32 100% 100% 100% Charley Monthly CP-94 % of staff enabled to work from home, hot-desking etc This indicator examines the extent to which the organisation equips individuals to work more flexibly, in this case remotely. This is the council’s capability rather number of users undertaking home working. The percentage refers to percentage CP - 94 32 5% 10% 20% Jan Harris Quarterly of FTEs CP-99 Member Charter accreditation Expected CP - 99 28 Working towards (provisionally) T Hughes Annual Establish target date CP-100A Successful Tests undertaken (Business Continuity) Critical Services CP - 100 Annual Test 23 111P Gillett Annual CP-102 Number of enforcement
CP - 102 actions taken 13 Baseline req'd needs to be defined D Sutton Monthly? Page 223 CP - 103 CP-103 Streetcare Satisfaction Pis 13 Baseline/ Benchmark Req'd Tony Hipkin ? Survey to be designed CP-106 Residents who believe their Baseline/ neighbourhood partnership has Benchmark CP - 106 improved their area 20 Req'd F Gobey Annual CP-107 The number of properties taking up flood relief protection grants CP - 107 18 100 100 No funding D Sutton Quarterly One off £100,000 grant CP-108 Number of flood related capital CP - 108 projects completed 18 40 5 No funding D Sutton Quarterly 45 projects set - one off funding CP-109 The city councils partners have robust health and safety policies CP - 109 in place. 25 100% 100% 100% G Ragon Annual CP-110 Number of National events held in city: a) Cultural Baseline/ b) Sporting Benchmark CP - 110 c) Other 4 Req'd M Grodentz ? Quarterly CP113 Number of Historic buildings on Baseline/ the at risk register Benchmark Mick Thorpe/A CP - 113 33 Req'd Fox Quarterly Monthly Complaints handled within 10 CP114 days 2 & 32 95% W Jones Monthly Number of Complaints outstanding CP115 longer than 10 days 0 0 0 W Jones Monthly CP116 Media enquires responded in 1 hour 32 80% 80% 80% M Grodentz Monthly
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Key Measure Priority Reporting Data Reporting PSA or Code Definition Ref Target 08/09 Target 09/10 Target 10/11 Owner Org LAA Source Frequency DSO Comments E-P1 Total Property costs (occupancy, Baseline/ operational and management) per Benchmark Look at possibility for 6 monthly E - P1 square metre. 12 Req'd M Lyon Annual? figures E-P2 Total accommodation (square Baseline/ metre) per staff full time equivalents Benchmark Look at possibility for 6 monthly E - P2 (FTE). 12 Req'd M Lyon Annual? figures E-S7 Total annual energy consumption Baseline/ (Kw/h) per square metre Benchmark E - S7 12, 17 Req'd B Aldridge Annual F - S4 F-S4 Debtors Days 32 30 29 28 P Winters ? HR-P4 Leavers in the last year as a percentage of the average total staff. HR - P4 27, 32 13% P Tsakpo Monthly HR-S1 Cost of learning and development activity as percentage of HR - S1 the total pay-bill. 27 To be determined P Tsakpo Quarterly HR-S13a Percentage of Black and
Minority Ethnic (BME employee in the Page 224 HR - S13a workforce. 26, 27 8% P Tsakpo Monthly HR-S13b Percentage of Black and Minority Ethnic (BME) employees in the workforce in the top 20% of HR - S13b earners. 26 8% P Tsakpo Monthly HR-S2 Cost of agency staff as a How do we target this? Each percentage of the total pay-bill service in charge of own budget (excluding those counted in secondary and many use Agency staff from indicator 3). this budget. Setting a target would restrict managers in recruiting when in need - especially during times of HR - S2 27 To be determined S Phelps Monthly change HR-S8 Cases of disciplinary action per HR - S8 1,000 employees 27 To be determined P Tsakpo Monthly HR-S9 Percentage of staff who receive (at least) an annual face to face HR - S9 performance appraisal. 26, 27 100% 100% 100% P Tsakpo Annual P-S2 Uneconomical Invoices P - S2 processed 26 To be determined S Phelps Quarterly Need breakeven invoice figure P-S7 The use of technology within procurement: a) The percentage of total goods and services spend that is P S7 sourced electronically; and 32 80% 80% 80% S Phelps Quarterly b) The percentage of total goods and services spend Baseline/ managed through e- Purchasing Benchmark 32 Req'd S Phelps Quarterly
Version 27 June Page 8 of 11 Building a Better Gloucester: Targets Appendix - 1
Key Measure Priority Reporting Data Reporting PSA or Code Definition Ref Target 08/09 Target 09/10 Target 10/11 Owner Org LAA Source Frequency DSO Comments
No of measures (cavity wall, loft insulation & central Heating) installed LI 17 by Glos Warm & Well scheme 29 ££ 5300 8229 not req'd D Sutton Stroud Lead LAA Annual No of renwable energy instalations in domestic, public sector and community Servern wye LI 18 buildings 17 ££120 120 120 S McDonald energy agency LAA Annual Kierson Wise
Installed capacity of renewable energy Servern wye LI 19 systems 17 .7 mw .7 mw .7 mw S McDonald energy agency LAA Annual Kierson Wise Baseline/ Overral general satisfaction with the Benchmark LI 20 local area in the most deprived SOA 19 Req'd F Gobey County Lead LAA Annual John McLaughlin No of Councils achieving level 3 LI 21 Equality standard 29 177F Gobey County Lead LAA Annual Kevin Lee The number of people recorded as or reporting that they have engaged in formal volunteering on an average of atleast 2 hours per week over the last LI 22 year 24 ££15.9 17.9 S Webster County Lead LAA Quarterly Hazel Onsdale Glos Page 225 Constabulary - No of incidents of Anti Social Alex LI 23 Behaviour 13 ££37943 36737 S Tilley Drummond LAA Quarterly
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Key Measure Priority Reporting Data Reporting PSA or Code Definition Ref Target 08/09 Target 09/10 Target 10/11 Owner Org LAA Source Frequency DSO Comments Indicators measured but not reported by City PSA 23, NI 15 NI 15 Serious violent crime rate 13, 29 5% 5% 5% Sue Tilley SSC5 127a
NI 16 NI 16 Serious acquisitive crime rate 13, 29 2% 2% 2% Sue Tilley PSA 23 126, 127b, 128
Cheltenham NI 17 Perceptions of anti-social Lead - Trevor NI 17 behaviour 29 ££15 14 TBA Sue Tilley Gladding LAA Places Survey PSA 23
NI 18 Adult re-offending rates for NI 18 those under probation supervision 29 Baseline required PSA 23 Glos Constabulary - Alex NI 20 NI 20 Assault with injury crime rate 29 3422 Sue Tilley Drummond LAA PSA 25 NI 21 Dealing with local concerns about anti-social behaviour and Page 226 crime by the local council and NI 21 police PSA 23 21 Improve by 5% Sue Tilley Places Survey PSA 23 NI 24 Satisfaction with the way the police and local council dealt with Monitor through Customer NI 24 anti-social behaviour TBA TBA TBA S Tilley City & Police HO DSO Service NI 25 Satisfaction of different groups with the way the police and local council dealt with anti-social NI 25 behaviour 5% TBA TBA S Tilley City & Police HO DSO Police, Forest & Glos target NI 27 Understanding of local concerns about anti-social behaviour and crime by the local NI 27 council and police 13 2% TBA TBA S Tilley Enviro/Police Places Survey HO DSO NI 28 NI 28 Serious knife crime rate 5% R Jones Police HO DSO NI 29 NI 29 Gun crime rate 5% R Jones Police PSA 23 NI 31 Re-offending rate of registered NI 31 sex offenders ££9.5 ££9.31 ££9.13 Probation PSA 23
Roger Clayton NI 32 Repeat incidents of domestic Deferred until - Glos NI 32 violence ? 9/10 Sue Tilley Constabulary LAA PSA 23 NI 39 Alcohol-harm related hospital NI 39 admission rates 13 1271 1265 1259 Colin Hassall DAAT LAA PSA 25 NI 40 Drug users in effective NI 40 treatment Calcualting for 06/08 Colin Hassall DAAT PSA 25 NI 41 Perceptions of drunk or rowdy NI 41 behaviour as a problem 13 TBA TBA TBA S Tilley Places Survey PSA 25
Version 27 June Page 10 of 11 Building a Better Gloucester: Targets Appendix - 1
Key Measure Priority Reporting Data Reporting PSA or Code Definition Ref Target 08/09 Target 09/10 Target 10/11 Owner Org LAA Source Frequency DSO Comments NI 42 Perceptions of drug use or NI 42 drug dealing as a problem 13 40% 39% 38% S Tilley Glos PCT LAA Places Survey PSA 25 NI 110 Young people’s participation Baseline/Benchm Tell Us NI 110 in positive activities 2, 19 ark Req'd F Gobey Survey Annual ? LPI SC04 Baseline/ Eugine NI 111 First time entrants to the Benchmark O'Kane - NI 111 Youth Justice System aged 10 – 17 19 Req'd F Gobey County Lead LAA Youth Justice NI 119 Self-reported measure of people’s overall health and Rupert NI 119 wellbeing 19 To be determned Charley Places Survey DH DSO NI 120 All-age all cause mortality Rupert NI 120 rate 19 To be determned Charley LAA PSA 18 NI 137 Healthy life expectancy at age Rupert Using responses from older NI 137 65 19 To be determned Charley Places Survey PSA 17 people only
NI 138 Satisfaction of people over 65 Rupert Using responses from older NI 138 with both home and neighbourhood 21 To be determned Charley Places Survey PSA 17 people only Baseline/ NI 140 Fair treatment by local Benchmark P Tsakpo/L County Lead - Page 227 NI 140 services 19 Req'd Bird Kevin Lee Places Survey PSA 15
NI 141 Number of vulnerable people County NI 141 achieving independent living 8 63.65% 63.65% 63.65% Mark Branton Council LAA CLG DSO
Version 27 June Page 11 of 11 Page 228
This page is intentionally left blank High Level Measures Appendix - 2
Definition Key Priority Target Target Data Reporting PSA or Measure Code Ref Target 08/09 09/10 10/11 Owner Reporting Org LAA Source Frequency DSO Comments NI 184 Food establishments in the area Baseline/ which are broadly compliant with food Benchmark NI 184 hygiene law 4 Req'd G Ragon Annual ? CP-6 Positive media coverage – 1 a) local Baseline/ b) national Benchmark CP - 6 c) international req'd M Grodnetz Monthly NI 151 Overall employment rate LAA Glos Annual First Lead Populatio Data released NI 151 7, 10 80.50% 81% 81.50% A Gwinnett Stan Jones LAA n survey Quarterly PSA 8 with 8 month lag NI 153 Working age people claiming out of LAA Glos Data released work benefits in the worst performing First Lead DWP with 6 month time NI 153 neighbourhoods 10 28.50% 27.50% 26% A Gwinnett Stan Jones LAA Quarterly DSO lag NI 158 % decent council homes Trea CLG NI158 9 49% 49% 49% Connon Quarterly DSO NI 160 Local Authority tenants’ satisfaction Trea CLG NI 160 with landlord services 9 80% 85% 92% Connon Annual DSO
NI 172 VAT registered businesses in the Baseline/ A Page 229 area showing growth Benchmark Gwinnett/A BERR NI 172 11 Req'd Kite Quarterly? DSO NI 182 Satisfaction of businesses with local Baseline/ authority regulation services BERR DSO Benchmark BERR NI 182 11 Req'd Gill Ragon Monthly DSO Annual reporting NI 191 Residual household waste per head Tony County Lead - Defra NI 191 14, 29 718 618 610 Hipkins Tony Childs LAA Monthly DSO BV84a NI 195 Improved street and environmental cleanliness (levels of graffiti, litter, detritus Quarterly and fly posting) 8% Litter, 0% 8% Litter, 8% Litter, Tony dependent on Defra NI 195 13, 15 other 0% other 0% other Hipkins survey date DSO BV199a,b & c CP-20 Proportion of residents who believe Baseline/ Gloucester is improving. Benchmark CP - 20 7 req'd F Gobey Annual CP-23 Regeneration Measures - 1) No of Baseline/ Year on Year on URC Annual homes, 2) no of jobs, 3) amount of Benchmark Year Year Report based on CP - 23 brownfield land redeveloped 7 req'd increase increase P Staddon Annual 10 year program CP-107 The number of properties taking up One off £100,000 CP - 107 flood relief protection grants 18 100 100 No fundingD Sutton Quarterly grant CP-108 Number of flood related capital 45 projects set - CP - 108 projects completed 18 40 5 No fundingD Sutton Quarterly one off funding
Version 27 June Page 1 of 2 High Level Measures Appendix - 2
Definition Key Priority Target Target Data Reporting PSA or Measure Code Ref Target 08/09 09/10 10/11 Owner Reporting Org LAA Source Frequency DSO Comments NI 1 % of people who believe people from District & County different backgrounds get on well together Rupert are looking at in their local area 19, 20, 21, Charley/J County Lead - Places possibility of NI 1 29 81 82 85 Douglas Kevin Lee LAA Survey Biennial PSA 21 doing annual NI 5 Overall/general satisfaction with local District & County area Rupert are looking at Charley/J County Lead - Places CLG possibility of NI 5 19, 29 72 75 82 Douglas Jacquie Harris LAA Survey Biennial DSO doing annual NI 35 Building resilience to violent Glos extremism Constabulary - Local Self Assessed Francis Alex Strategic NI 35 21 at level 2 Level 3 Level 4 Gobey Drummond LAA Partn Annual PSA 26 Council Tax Collected BV009 32 97.25 P Winters Monthly CP-59 Staff satisfaction Baseline/ Benchmark Best Council CP - 59 27 req'd P Tsakpo Survey Page 230 CP-88 Continuous improvement Number Number of PI's of PI's Number of PI's Improving Improvin Improving Year on g Year on Rupert CP - 88 32 Year on Year Year Year Charley Annual CP-89 Benchmarking against other comparable organisations. Quartile postion Baseline/ compared to nearest neighbour groups Benchmark Rupert Due 09/10 based CP - 89 32 req'd Charley Annual on 08 figures
Version 27 June Page 2 of 2 Page 231 Agenda Item 12
Agenda Item No:
GLOUCESTER CITY COUNCIL
REPORT TO : Cabinet Briefing Audit Committee Cabinet
DATE : 25 th June 2008 26th June 2008 9th July 2008
SUBJECT : Statement of Accounts 2007/08
REPORT BY : Cabinet Member for Performance and Resources
NO. OF APPENDICES : Appendix A: Statement of Accounts 2007/2008 –TO FOLLOW Appendix B: Summary of Carry Forward Requests 2007/2008 Appendix C Movement in earmarked reserves Appendix D Housing Revenue Account Appendix E Capital Expenditure
REFERENCE NO. : RDF2726
1. PURPOSE OF REPORT
1.1 For members of the Council to approve the Statement of Accounts for 2007/2008.
2. RECOMMENDATIONS
2.1 That Members of the Cabinet note that Audit Committee on 26 June 2008 approved the Statement of Accounts for 207/2008 as attached at Appendix A, including:
• Annual Governance statement • The transfers to earmarked reserves as indicated in paragraph 4.3
2.2 That the request for carry forward of unspent balances be approved by Cabinet after consultation with the Director (Section 151 officer) in accordance with the Council’s Constitution.
3.0 BACKGROUND
3.1 Statutory requirement
3.1.1 The council has a statutory requirement under the Accounts and Audit Regulations 2003 to approve and publish its Statement of Accounts.
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3.1.2 Regulation 10(3) of the Accounts and Audit Regulations 2003 requires the accounts to be approved by resolution of full council or a properly constituted committee of the council, which in this case is the Audit Committee.
3.1.3 Regulation 11 of the regulations issued in March 2007 amending the Accounts and Audit Regulations 2003 makes it clear that the council or its committee must “consider” the accounts before approving them.
3.1.4 The Accounts and Audit Regulations 2003, which came into force on 1st April 2003, required the timetable for approval and publishing to be progressively moved forward from 30th September as follows:
Financial Year Approval of Accounts Publication of Accounts by Council 2003/2004 31st August 30th November 2004/2005 31st July 31st October 2005/2006 30th June 30th September 2006/2007 30th June 30th September 2007/2008 30th June 30th September
3.1.5 The progression towards 30th June is part of the Governments agenda to be able to produce Whole Government Accounts (WGA) for the whole of the public sector. This move has seen the final accounts closedown process reduced by 3 months using existing Accountancy staff, which has placed significant strain on these limited resources, at a time of change in the organisation.
4. INFORMATION
4.1 General Fund Revenue Income and Expenditure
4.1.1 Against a revised net budget of £21.332m the General Fund Revenue Income and Expenditure Account in Appendix A, shows a nil net surplus. If the transfer to reserves with regard to the Carry Forward requests is ignored, there is a surplus of £56,000 after allowing for:
• a net additional transfer from reserves of £61,000
• The budgeted transfer to the General Fund Working Balance of £230,000
4.1.2 This is before allowing for the carry forward of any unspent balances from the financial year.
4.1.3 The main variations to the budget are as follows:
RDF2726 2 Page 233
£ £ Revised budget 2007/08 21,332,000
Net Impairment 17,115,000
Other Variances
1 Investment interest (440,000) 2 NNDR Rebate – St Oswalds Park (60,000) 3 Reorganisation Costs 760,000 4 Reduced Parking Income 103,000 5 Cems and crem reduced income 70,000 6 Benefits increases net of subsidy 120,000 7 Continental landscapes 40,000 8 Other Variances (10,000) 9 Transfer from Reserves - Reorganisation (753,000)
Net operating expenditure 2007/08 38,277,000
Notes • Figures in brackets indicate reductions in net expenditure Impairment comprises capital expenditure which has not added value to housing stock and other fixed assets. This is reversed out of the accounts, so it has no impact on the council tax.
4.2 Carry Forward of General Fund Unspent Balances
4.2.1 At the end of the financial year officers make requests to carry forward any unspent balances in order to finance spend in the following financial year. Such requests are generally made for items that have yet to be committed.
4.2.2 In accordance with Financial Regulations the Director (151 Officer) has delegated authority to approve amounts less than or equal to £5,000. Items over this amount are required to be submitted to Cabinet.
4.2.3 Details of carry forward requests of unspent budgets received from service heads are shown in Appendix B and summarised as follows:
£ Carry forward requests less than or equal to £5000 22,624 Carry forward requests in excess of £5000 33,650 Total 56,274 General Fund surplus 56,000 Excess of carryforward requests over surplus 274
RDF2726 3 Page 234
4.2.4 Cabinet will be requested to give their views on the carry forward requests that they are minded to approve. It should be noted that any amount not approved will be available to add to the general fund working balance or any such one-off purpose that the Cabinet believe suitable since the accounts assume that they will all be approved.
4.3 Transfers to Earmarked Reserves
4.3.1 In addition to carry forward requests there are also other transfers to and from earmarked reserves. Appendix C details transfers made to and from reserves in the year. Transfers to reserves are generally in respect of items included within the revenue budget that have not been spent but for which there is a commitment to spend, or where it is prudent to set money aside to account for expenditure that is likely to be incurred in the following financial year. An analysis of such transfers is shown in Appendix C. The net transfer to earmarked reserves for 2007/2008 was £1,203,000 in comparison to the budgeted transfer to reserves of £1,197,000.
Budgeted Actual (£000’s) (£000’s) Carry forwards 06/07 -67 -67 Rooftop Car park Reserve 0 -211 Investment Property Sinking Reserve 0 -100 Housing Benefit Reserve 0 -117 Various earmarked reserves to finance budget -164 -70 LABGI -432 -397 Planning Delivery Grant -154 7 Use of Reserves to finance restructuring -207 -447 Pension Reserve -115 100 Leisure Trust Reserve -75 65 Invest to save reserve -50 -32
4.3.2 The main differences to the reserves position are
• The release of an additional £753,000 to fund Phase 1 of the reorganisation • An additional amount of £100k to be put to a pension fund reserve to cover pensions costs of early retirements. • The release of £117k Housing Benefit reserve to fund the overspend
RDF2726 4 Page 235
4.3.3 The variation from budget shown above is £5k. Members are requested to approve the transfers to and from reserves as listed.
4.3.4 The reserves stand at £5,313,000 at 31 st March 2008. This follows the release of an additional £753,000 to cover the costs of Phase 1 of the reorganisation. This is intended to be a temporary release, with a view to replenishing the reserves from future savings over the next three financial years. Of the remaining reserves , £4,732,000 of this sum can be considered to be more heavily committed than the remainder and members need to be aware that the “free” reserves will be £581,000.
4.3.5 The level of reserves will stay lower than the average for similar authorities unless the council restores them from savings made from the staff reorganisation. .
4.3.6 Council had agreed that reserves will be maintained at 90% of the budgeted level. The reorganisation costs temporarily financed from reserves have meant that this policy was not complied with for 2007/08.
4.4 Provisions
4.4.1 The provisions have been reviewed and reduced to 2 totalling £688,000
£ Insurance provision 398,000 Car parks provision 290,000 688,000
A full explanation of the purposes of the provisions is given in the Statement of Accounts.
4.5 General Fund Working Balance
4.5.1 The following table shows the increase in the general fund working balance from the start to the end of the financial year 2007/2008.
£ Balance brought forward as at 1/4/07 1,415,000 Budgeted contribution in 07/08 230,000 Additional contribution to general fund balance 0 General Fund Working Balance at 1/4/08 1,645,000
4.5.2 This position is prior to Cabinet’s decision concerning the requests for carry forward of unspent balances.
RDF2726 5 Page 236
4.5.3 The current medium term financial plan has a forecast General Fund Balance as follows:
2005/2006 2006/2007 2007/2008 2008/2009 £000’s £000’s £000’s £000’s
1st April 1080 1,255 1,415 1,645 Transfers 175 160 230 25 31 st March 1,255 1,415 1,645 1,670
4.5.4 This balance is ahead of the medium term financial plan desired level of £1.5 million by 1 st April 2008.
4.6 Housing Revenue Account
4.6.1 The outurn for 2007/2008 attached at Appendix D shows a net surplus after appropriations of £1,204,000 as opposed to a revised budget of £1,183,000. The main variations are as follows:
£’000 Repairs and maintenance (113) Supervision and management (106) Rent 51 Decrease in housing subsidy (89)
4.6.2 The HRA working balance now stands at £3,082,000, an amount of approximately £677 per property.
4.7 Capital Expenditure
4.7.1 The outurn for capital expenditure for 2007/2008 attached at Appendix E was £19.285 million compared to a revised budget of £19.490 million. This variance of £0.205 million is made up as follows:
RDF2726 6 Page 237
£m Slippage on IT related projects (0.109) Slippage on Netheridge Market (0.257) Slippage on Gloucester Park and other Liveability projects (0.127) Slippage on Coney Hill Hospital S107 (0.185) Slippage Alney Island intrusive investigations (0.074) St Oswalds Park Section 107 slippage (0.031) Vehicle purchases 0.036 Stream Improvements (0.039) Flood Works (0.131) Path Resurfacing (0.033) Depot Improvements (0.075) Woolstrop Moat Hydro Study (0.034) Housing - Loans to Vulnerable People (0.131) - Private sector improvement grants for decent Homes (0.345) HRA - Dwelling Improvements & Modernisations 1.500
Other (0.170)
Total Variance (0.205)
4.7.2 A number of notable variations include:
• Slippage on a number of schemes for a various reasons • The access road to the new open market at Netheridge was completed in the new financial year. • Over spend on Dwelling Improvements and Modernisations were due to the acceleration of the programme by GCH.
4.7.3 Most of the underspend on capital will be carried forward into next financial year.
4.8 Loan Debt Outstanding
4.8.1 An analysis of the loan debt outstanding at the 31st March 2008 and for the preceding financial year is as follows:
2006/2007 2007/2008 £000 £000 General Fund Balance at 1st April 0 900 Add new Borrowing 900 957 Less adjustment 0 55 General Fund Balance at 31st March 900 1,802 HRA Debt at 31st March 17,321 29,116 Total Debt at 31st March 18,221 30,918
RDF2726 7 Page 238
4.8.2 The Council increased its loan debt in 2007/2008 in line with its budget, mainly to finance the Housing Modernisation works for Decent Homes. The interest on the housing debt is mainly covered by housing subsidy.
4.8.3 Total debt outstanding inclusive of Housing Revenue Account was £30.918 million
5. CONCLUSIONS
5.1 The General Fund budget shows an underspend on the revised budget of around £56,000 after allowing for:
• A transfer to the General Fund Working Balance of £230,000 • A net transfer from earmarked reserves of £1,202,000 against a budgeted transfer from earmarked reserves of £1,997,000
But before allowing for carry forward requests in the order of £56,000.
5.2 The General Fund Working Balance as at 1st April 2008 after allowing for carry forward requests is £1.645m million exceeding the original Blueprint for change target by approximately £245,000.
5.3 On capital there was net slippage of around £0.205 million caused by slippage on a number of schemes, notably Hempstead Meadows open market and the acceleration of the Decent Homes programme.
5.4 On the Housing Revenue Account a surplus of around £1,204,000 against budgeted surplus of around £1,183,000 will be added to the working balance. The working balance stands at around £3 million.
5.5 General fund debt as at 31st March 2008 now stands at £1,802,000.
6. FINANCIAL IMPLICATIONS
6.1. The report sets out the main financial issues relating to the final accounts position for 2007/08.
6.2 Name of the Officer: Keith Birtles.
7.0 LEGAL IMPLICATIONS
7.1 The delegated powers of the Audit Committee is to "Review and approve the annual statement of accounts" and "To approve the Statement of Internal Control" and the recommendations must be read with this in mind.
7.2 Name of Officer : Steve Thomas
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8.0 Human Resource Implications
8.1 (a) Staffing Implications None
(b) Trade Union Comments None 8.2 Name of Officer :
9.0 CORPORATE IMPLICATIONS (eg. Community Safety, Environmental, Equality Impact Implication (Race Relations Amendment Act and the general Equality Scheme), Risk, ALMO – Authors to complete where relevant)
9.1 The reduction of the final accounts closedown process by 3 months to meet the statutory date for approval of the accounts has created considerable pressure on the Accountancy section. There is a risk that the loss of key personnel could affect the council’s ability to meet this target.
9.2 The council has more than achieved its original target of £1.5million of general fund working balance by 1/4/08 with a figure of £1.645m. This gives the authority some degree of comfort in its ability to mitigate fluctuations in income and expenditure.
Person to contact: Steve Phelps Ext 6236 (Financial Services Manager)
RDF2726 9 Page 240
This page is intentionally left blank Summary
SUMMARY OF CARRY FORWARD REQUESTS 2007/2008 Total Delegated to AD(FAM) Cabinet Amount Not Not Portfolio Requested Approved Approved Approved Approved Total £ £ £ £ £ £ Regeneration 7,030 0 0 0 0 0 Culture,Learning and Leisure 1,700 0 0 0 0 0 Planning and Environment 0 0 0 0 0 0 Corporate Performance 47,544 0 0 0 0 0 Care and Maintenance 0 0 0 0 0 0 Housing and Health 0 0 0 0 0 0 Page 241 56,274 0 0 0 0 0
Page 1 Regeneration
SUMMARY OF CARRY FORWARD REQUESTS 2007/08 COMMUNITY SERVICES
Delegated to RM(FAM) Cabinet Amount Not Not Description Code Submitted By Requested Approved Approved Approved Approved Total Consequences of not approving Budget Journal £ £ £ £ £ £ Start Up projects not completed in year FP300/5590 P Staddon 4,925 0 GYM project work FP105-5350 F Gobey 2,105 0 0
7,030 0 0 0 0 0
Budget Journal 6794 18/07/07 (Budget 1, profile A2 Annual August): Cr- ZR341/8102
Dr+ FP105/5350 FP300/5590 Page 242 0
Page 2 Culture, Learning, Leisure
SUMMARY OF CARRY FORWARD REQUESTS 2007/08 CULTURE, LEARNING & LEISURE
Delegated to RM(FAM) Cabinet Amount Not Not Description Code Submitted By Requested Approved Approved Approved Approved Total Consequences of not approving Budget Journal £ £ £ £ £ £ Sporting Grants unspent LC112/7114 P Bailey 1,700 0
1,700 0 0 0 0 0 Budget Journal 6795 18/07/07 (Budget 1, profile A2 Annual August): Cr- ZR341/8102
Dr+ LA609/5350 LA609/5300 LT302/5024 0 Page 243
Page 3 SUMMARY OF CARRY FORWARD REQUESTS 2007/08 SUSTAINABLE DEVELOPMENT Delagated to RM(FAM) Cabinet Amount Not Not Description Code Submitted By Requested Approved Approved Approved Approved Total Consequences of not approving Budget Journal £ £ £ £ £ £ n/a 0 0
0 0 0 0 0 0 Page 244 personnel summary
SUMMARY OF CARRY FORWARD REQUESTS 2007/08 CORPORATE PERFORMANCE
Delegated to RM(FAM) Cabinet Amount Not Not Description Code Submitted By Requested Approved Approved Approved Approved Total Consequences of not approving £ £ £ £ £ £ 0
0 0 0 0 0 0 Page 245
Page 5 Corp Performance
SUMMARY OF CARRY FORWARD REQUESTS 2007/08 CORPORATE PERFORMANCE
Delegated to RM(FAM) Cabinet Amount Not Not Description Code Submitted By Requested Approved Approved Approved Approved Total Consequences of not approving budget jnl £ £ £ £ £ £ Printing 2,000 Letterheads RS130 - 5321 Tony Hughes 120 0 Ink Cartridges - Franking Machine RS120 - 5400 Tony Hughes 222 0 On going implementation of the Electoral Voting system RS400 - 5350 Alan Webb 26,350 0 RC450 - 5420 A Wadsley 1,300 0 To finace the equipment/software needed for Graphic Designer to work from home. RC450 - 5702 A Wadsley 1,360 0 This was agreed some time ago. RC450 - 5300 A Wadsley 1,140 0 To finance licensed access to the Electronic consultation system which will develop 0 RC431 - 5350 A Wadsley joint working with the County 4,200 For The Place Survey - required by the Govt RC431 - 5350 A Wadsley 5,000 0 For GCC to take part in the 'Best Councils to Work For' RC500 - 5300 A Wadsley 7,300 0 Quest - Workshops and enlarge Library EH103 - 5350 M Hensrot 552 0 Page 246
47,544 0 0 0 0 0
Budget Journal 6796 18/07/07 (Budget 1, profile A2 Annual August): Cr- ZR341/8102
Dr+ RC432/5350 FP301/5350 EH102/5350 EH100/7150 RS300/2601 FG100/7100 5699
0.00
Page 6 SUMMARY OF CARRY FORWARD REQUESTS 2007/08 HOUSING AND HEALTH
Delegated to RM(FAM) Cabinet
Amount Not Not Description Code Submitted By Requested Approved Approved Approved Approved Total Consequences of not approving Budget Journal £ £ £ £ £ £ 0 0 0 0 0 0 0 0
0 0 0 0 0 0 Page 247 Budget Journal 6797 18/07/07 (Budget 1, profile A2 Annual August): Cr- ZR341/8102
Dr+ CH110/2601 Care & Maintenance
SUMMARY OF CARRY FORWARD REQUESTS 2007/08 CARE & MAINTENANCE
Total Delegated to RM(FAM) Cabinet Amount Not Not Description Code Submitted By Requested Approved Approved Approved Approved Total Consequences of not approving Budget Journal £ £ £ £ £ £
0 0 0 0 0 0 0
0 0 0 0 0 0
Budget Journal ? Date ? (Budget 1, profile A2 Annual August): Cr- ZR341/8102 Page 248 Dr+
Page 8 NOTES TO THE COREPage FINANCIAL 249 STATEMENTS
Earmarked Revenue Reserves
These are reserves set aside for specific purposes and are detailed below. Further explanation is also given for the larger reserves in the notes below.
Approp'ns Approp'ns Balance at to reserve from reserve Balance at 1 April in year in year 31 March £'000 £'000 £'000 £'000 1 Capital Financing Reserve (see note i below) 447 208 655 - 2 Rooftop Carpark Reserve 311 - 211 100 3 Building Repairs Reserve (i) 92 - - 92 4 Docks Redevelopment Reserve 27 - 27 - 5 Insurance Reserve (ii) 764 - - 764 6 Historic Buildings Reserve (iv) 236 - 24 212 7 Tennis Centre Resufacing Sinking Reserve 4 - - 4 8 Leisure Centre Contingency Reserve 45 5 35 15 9 Regeneration Reserve 69 - 29 40 10 Short Term Lets Sinking Reserve 40 32 - 72 11 Other General Fund Housing Reserves (vii) 38 38 - 76 12 Economic & Community Development Reserve 6 12 8 10 13 Other Leisure Reserves 10 - 3 7 14 Other Central Services Reserves (viii) 62 56 43 75 15 Other Environmental Health Reserves 44 - 44 - 16 Investment Property Sinking Reserve 100 - 100 - 17 Invest to Save Reserve 100 - 32 68 18 Concessionary Fares Reserve 100 - - 100 19 Housing Benefits Reserve (ix) 271 27 144 154 20 Business Growth Incentive Reserve 1,274 132 529 877 21 Planning Delivery Grant Reserve 500 7 - 507 22 Gloucester Park Bandstand Reserve 50 - - 50 23 Leisure Trust Reserve 53 65 - 118 24 Kingswalk Refurbishment Reserve 1,500 - - 1,500 25 Depot Reserves (x) 257 - - 257 26 Pension Backfunding reserve 115 215 115 215
Total 2007/08 6,515 797 1,999 5,313
Total 2006/07 5,553 3,797 2,835 6,515
GLOUCESTER CITY COUNCIL Page Appendix C HOUSING REVENUE ACCOUNT FOR YEAR ENDED 31 MARCH Page 250
Appendix D INCOME AND EXPENDITURE ACCOUNT
2006 Note 2007 £000 £000
Expenditure 4,270 Repairs & Maintenance 2 4,098 4,737 Management & Supervision 3 4,984 57 Rents, rates, taxes and other charges 61 13 Rent Rebates 4 162 519 Housing Subsidy payable 5 901 2,720 Depreciation and Impairment of fixed assets 6 2,794 40 Debt Management costs 32 45 Increased provision for bad / doubtful debts 7 58 12,401 13,091
Income 12,951 Dwelling Rents 8 13,268 145 Non-dwelling Rents 137 867 Charges for services and facilities 988 230 Reduced provision for bad or doubtful debts - 14,193 14,393
(1,792) Net Cost of HRA Services (1,302)
891 Interest payable and similar charges 9 854 526 Amortisation of Premiums and Discounts 9 527 (82) Interest and Investment Income (37)
(457) (Surplus) or Deficit for year on HRA services 41
STATEMENT OF MOVEMENT ON THE HRA BALANCE
(457) (Surplus) or Deficit for year 41
Amounts not included in the HRA Income and Expenditure Account but required by statute to be included when determining the Movement on the HRA balance for the year
- Transfer from Major Repairs Reserve 10 (8) 556 Capital expenditure financed from Revenue 29 235 Voluntary set aside for debt repayment 250
334 Decrease in the Housing Revenue Account balance 312
(2,525) Housing Revenue Account surplus brought forward (2,191)
(2,191) Housing Revenue Account surplus carried forward 11 (1,879)
GLOUCESTER CITY COUNCIL Page Appendix D NOTES TO THE COREPage FINANCIAL 251 STATEMENTS APPENDIX E
16 Summary Capital Accounts
Capital expenditure during the year is summarised below. The expenditure relates to the acquisition of assets which will be of benefit to the Authority for a number of years (fixed assets) and expenditure on the making of capital grants (deferred charges). It includes expenditure on the provision of assets such as houses and vehicles and on capital grants, such as home improvement grants.
Capital Expenditure analysed by Service
2006/07 2007/08 Latest Over/(Under) Actual SERVICE Estimate Actual spend £'000 £'000 £'000 £'000
Central Services (including support services)
155 Computer Equipment 122 175 53 70 Computer Systems Development 38 18 (20) 27 Corporate Payments/Information Management 73 1 (72) 46 Customer Services/Virtual Call Centre 68 28 (40) 24 Disabled Access Upgrading -Lifts at offices, etc 54 - (54) 68 Document Image Processing 31 18 (13) 376 HKP/North Refurbishment/Redevelopment works 168 165 (3) 414 Hempstead Market (Netheridge Market) 1,214 957 (257) 48 Customer Access/Kiosks/E-Voting 46 41 (5) 35 Queen Anne railings & footpath (4) (4) 5 Software Upgrades - Housing Benefits/Council Tax 25 14 (11) 9 Telephone System Upgrade 4 2 (2) - Upgrading CCTV to Digital 82 73 (9) 25 Virtual Call Centre - 1 1 - Westgate Street Redevelopment 25 25 - 32 Computer Network Upgrade --- 1,334 1,950 1,514 (436)
Cultural, Environmental, Planning Services
Cultural and Related Services
7 Alney Island Intrusive Investigations 129 55 (74) 4 Change toilets to aviary 20 - (20) 319 City Centre Modernisation/Redevelopments 30 6 (24) 32 Former Coney Hill Hospital Site - improvements 193 8 (185) 53 Window & Stonework repairs 15 - (15) 18 Folk Museum Refurbishment --- - Gateway railings 12 12 - 128 Gloucester Park Improvements 343 236 (107)
561 Cultural and Related Services c/fwd 742 317 (425) 1,334 Central Services c/fwd 1,950 1,514 (436)
GLOUCESTER CITY COUNCIL Page Appendix Epage1 NOTES TO THE COREPage FINANCIAL 252 STATEMENTS
2006/07 2007/08 Latest Over/(Under) Actual SERVICE Estimate Actual spend £'000 £'000 £'000 £'000 1,334 Central services B/fwd 1,950 1,514 (436)
561 Cultural and Related Services - B/fwd 742 317 (425)
128 Guildhall Improvements & café works 71 53 (18) 1 Upgrade Leisure Centre Plant 190 199 9 3 Llanthony and St Oswalds Priory works 26 - (26) 5 Monuments Management works - - - - Museum & Roof works 65 35 (30) 67 Museum Replacement Boilers - - - 62 Neighbourhood Project 30 8 (22) 3 Price Memorial Hall - - - 1 Refurbishment of Tudor Cottage - - - 14 Shopmobility Premises - - - 2 Star 66 Youth Centre Capotal grant - - - 19 Tenants & residents associations capital grant 50 63 13 442 Waterwells Sports Ground Development - 8 8 1,308 1,174 684 (490)
Environmental Services
151 Improvements to Public Toilets 20 23 3 20 Crematorium Doors & Windows Major Repairs 20 - (20) 64 Tredworth Cemetery Chapel Refurbishment 16 17 2 30 Purchase of Vehicles - 37 Robinswood Hill Toilets - - - - Other Environmental Projects 41 55 14 20 Stream Drainage Improvements 39 - (39) - YMCA Serbert Street 6 4 (2) - Flood defence Works 144 13 (131) Wheeled Bins 641 641 - 322 927 754 (173)
Planning and Development Services
222 Kings Square/Oxbode Redesign 4 4 - - Westgate Coach Parking 27 27 - (2) Bridge Link Longsmith Street 27 - (27) 17 Energy Conservation Works 49 62 13 2 Bus Station Improvements - - - 181 St Oswalds Park redevelopment 128 97 (31) 11 Learning Skills Initiative - - - 45 Brionne Way Improvements 14 8 (6) - Path Resurfacing 38 6 (33) 43 Depot Improvements 240 165 (75) 3 Woolstrop Moat Hydro Study 37 4 (34) - Eastgate/Westgate Orientation works 10 9 (2) Castlemeads Footbridge works 28 28 (0) 522 602 408 (194)
Highways, Roads, Transport Services
8 Car Park Resurfacing --- 71 Longlevens Safer City Works 21 11 (10) - Enhanced Lighting Schemes 177 158 (19) 99 Vehicles - 36 36 - Gloucester Car Parks 6 8 2 178 204 213 9
3,664 C/Fwd 4,857 3,573 (1,284)
GLOUCESTER CITY COUNCIL Page Appendix Epage2 NOTES TO THE COREPage FINANCIAL 253 STATEMENTS
2006/07 2007/08 Latest Over/(Under) Actual SERVICE Estimate Actual spend £'000 £'000 £'000 £'000
3,664 B/Fwd 4,857 3,573 (1,284)
Housing Services
Housing General Fund 750 Improvement Grants 1,076 1,084 8 135 191 Bristol Road Improvements --- 114 Housing Renewal Policy-Grants and Loans to Vulnerable Persons 375 244 (131) 167 Housing Market Partnership grant 167 131 (36) - Decent Homes 350 5 (345) 1,166 1,968 1,464 (504) Housing Revenue Account - Dwelling Acquisitions - 83 83 3,415 Dwelling Improvements and Modernisations 12,665 14,165 1,500 - Furniture and Office Equipment --- 3,415 12,665 14,248 1,583
8,245 Total Capital Expenditure 19,490 19,285 (205)
Total Capital Expenditure Comprises: 6,699 Expenditure on Tangible Fixed Assets (see note 14) 17,036 17,621 585 296 Intangible Fixed Assets (see note 15) 298 87 (211) 1,250 Deferred Charges (see note 17) 1,976 1,502 (474) - Long term Debtors (written off to CAA) 180 75 (105) 8,245 19,490 19,285 (205)
GLOUCESTER CITY COUNCIL Page Appendix Epage3 Page 254
This page is intentionally left blank Page 255 Agenda Item 13
CABINET DECISION TRACKER AND MONITORING FORM (To accompany all Cabinet decisions [key and non-key] except reports for information and noting) (*F11 to form fields)
1. SUBJECT
(a) Title: Section 106 Management
(b) Ward: All
2. DECISION TO BE CONSIDERED (As per recommendations of report)
That members note progress being made and raise any questions or issues arising.
That members agree to receiving a bi-annual Progress Report, and identify any particular statistics they would like to see included, and the format of future reports.
That Gloucester City Council includes within all its Legal Agreements a charge to cover monitoring costs, at £750 per main clause, or at £350 on car club contributions, at least 50% of the fee to be payable on completion of the Agreement. Monitoring fees received will be used solely to pay for officer Section 106 Monitoring officer time, and separately accounted for. In exceptional circumstances this fee might vary, according to the level of monitoring, at the discretion of the Development Control Manager.
3. SUMMARY OF THE ISSUE
(a) Background
The S106 Monitoring Officer position was established 2 years ago, during which time considerable improvements have been made to the way planning agreements are negotiated, entered into, monitored, implemented and where necessary enforced. Not only has this led to a number of efficiencies across the council, but also in the recovery of a significant amount of bad debt. To ensure this function is maintained, a charge is proposed within Agreements that reflects the cost of this work. The amount proposed has been calculated on the basis of a breakdown of officer time (and cost) on tasks undertaken. A monitoring charge is now levied by many authorities across the country, and has been successfully trialled by Gloucester City Council during the past 9 months.
(b) Financial Implications (Bring in from report)
The £35,000 salary of the S106 Monitoring Officer is financed for 3 years from Planning Delivery Grant with an end date of 31 st March 2010.
By the end of 2007/08 the Council was holding £3 million in developer contributions.
Page 256
(c) Legal Implications (Bring in from report)
The proposed monitoring charges are permitted in a 106 Agreement so long as they relate to the terms and covenants in the agreement and are spent on such. They can not be used as general revenue raising powers.
(d) Risk Management Implications
There is little risk in charging a monitoring fee. The amount charged is relatively small compared to the value of the development proposal or other contributions required by the council. Evidence from other authorities is that the charge is rarely challenged, and where it is developers are satisfied if a justification can be provided. Detailed work has been undertaken to demonstrate how this charge has been calculated and therefore should stand up to any scrutiny. Agreement by Cabinet would also add weight to this decision.
There is a greater risk in not levying this charge as without it there may not be enough funding to continue this monitoring function beyond April 2010. If so, there is a danger that some contributions due will not be received, but also that the council will be liable for repayment of some funds, with interest, for failure to fulfil its own obligations.
(e) Predictive Impact Assessments (Equalities)
No direct impact. Where S106 contributions or other obligations are aimed at benefiting certain members of society then a monitoring fee will better ensure that these benefits are delivered, and as required. The only adverse impact for the developer is the imposition of a charge. However, the monitoring function is also in the developer’s interest, to enhance the value and attractiveness of the development completed by ensuring all parties, including the council, fulfil their obligations.
(f) Other Corporate Implications
As contained in report.
4. REPORTING DATES Who? Date
(1) GLT: 10 th June 2008
(2) Cabinet Briefing: 25 th June 2008 Planning Committee 1st July 2008 (3) OSM: (Pre-Scrutiny - key decisions only) -
(4) Cabinet: 9th July 2008
5. RESPONSIBILITY
Portfolio : Regeneration
Lead Officer : Andy Birchley
Page 257
6. CONSULTATION (To be carried out or carried out (including method and dates, required for Key decisions only - information must link with information on consultation contained in the Forward Plan).
6.1 Stakeholders (including Ward Councillors where appropriate)
-
6.2 Outcome (Brief summary and ref. for minutes, other related documents)
-
7. OPTIONS (to be considered/considered - brief summary and reference to reports where appropriate)
No charge – Gloucester City Council would lose out on an estimated £14,000 income per annum, which is required to fund the council’s cost of managing and monitoring legal agreements. The Council would either have to consider finding the money from elsewhere in its budgets or lose this function. There is a real danger that without the S106 monitoring function then the council may not receive some of its contributions due or even be required to pay back some payments through council’s failure to meet its own obligations. The recovery of over £400K bad debt from Agreements covering the past 5 years indicates that this could well be higher than the cost of the post.
Different charge levied – the costs identified in the report represent a fair estimate of the average costs of monitoring agreements. This is based on some detailed calculations undertaken by the S106 monitoring officer that would justify the level of charge on challenge. This has also been agreed by the S106 Project Group, made up of senior officers across the council, as the most appropriate method and level of charge.
8. OVERVIEW & SCRUTINY MANAGEMENT COMMITTEE - PRE-SCRUTINY COMMENTS (Key decisions only)
9. ADDITIONAL OPTIONS CONSIDERED (other than those specified in the report)
10. CABINET DECISION TAKEN (If in line with 2 above, say, ‘In accordance with 2 above’ - Expand if the decision is otherwise e.g. where views/suggestions of Overview & Scrutiny Management Committee have been taken into account)
Page 258
11. CONSULTATION/ADVICE (Delete as appropriate)
11.1 Have the consultation comments been taken into account? YES / NO
(Key Decisions only)
11.2 Was the decision taken in accordance with officer advice? YES / NO
12. REASONS FOR THE DECISION:
13. INTERESTS (Details of any interests declared by a Member or Officer in the subject matter of the decision either (a) personal or (b) personal and prejudicial) :
14. DISPENSATION (Details of any dispensation granted by Standards Committee) :
Page 259
Gloucester City Council
COMMITTEE : CABINET BRIEFING PLANNING COMMITTEE CABINET DATE : 25 TH JUNE 2008 1ST JULY 2008 9TH JULY 2008 SUBJECT : SECTION 106 MANAGEMENT DECISION TYPE : EXECUTIVE WARD : ALL REPORT BY : CABINET MEMBER FOR REGENERATION & CULTURE AUTHOR OF REPORT : ANDY BIRCHLEY NO. OF APPENDICES : 1 – SECTION 106 HEADLINE PERFORMANCE REFERENCE NO. : PT25068C
1.0 PURPOSE OF REPORT
1.1 To describe improvements made to the management of planning agreements made under Section 106 of the Town and Country Planning Act, and to introduce other changes planned.
1.2 To identify benefits accruing to the City Council as a result of these changes, including payments secured through the interventions of the Senior Planning Compliance Officer
1.3 To identify headline performance in terms of the management of planning agreements and introduce a regular progress report to members.
1.4 To justify the inclusion of a charge to cover the costs of monitoring planning agreements, and provide the basis on which charges are to be made, and at what level.
2.0 RECOMMENDATIONS
2.1 That members note progress being made and raise any questions or issues arising.
2.2 That members agree to receiving a bi-annual Progress Report, and identify any particular statistics they would like to see included, and the format of future reports.
2.3 That Gloucester City Council includes within all its Legal Agreements a charge to cover monitoring costs, at £750 per main clause, or at £350 on car club contributions, at least 50% of the fee to be payable on completion of the Agreement. Monitoring fees received will be used solely to pay for officer Section 106 Monitoring officer time, and separately accounted for. In exceptional circumstances this fee might vary, according to the level of monitoring, at the discretion of the Development Control Manager.
REF: PT25068C 1 Page 260
3.0 BACKGROUND
3.1 Under Section 106 of the Town and Country Planning Act (1990), developers, local authorities and other parties are able to enter into a legal agreement or unilateral undertaking to provide contributions, and enter into other obligations, in order to mitigate the impact of developments on the local area.
3.2 Contributions are usually in the form of payments to the council or others to provide funds for various works such as highways and public open space improvements, or for the provision of new facilities. However these payments are not usually due until certain ‘triggers’ such as commencement of development, or numbers of occupations, and therefore require close monitoring. In some cases development does not take place and therefore agreed payments are never received.
3.3 Developers are sometimes required to provide certain ‘facilities’ themselves to an agreed specification and timescale, in particular affordable housing units and landscaping works.
3.4 Section 106 Agreements also include many other obligations, including adoption of land, and restrictions on the use of land. In addition, there are certain obligations on the council particularly with regard to provision of amenities for which payment has been made, and within a specified time period. Failure to comply could result in the council having to repay funds, with interest.
3.5 Before 2006 there was some uncertainty as to whether the council had received all payments agreed by developers, and whether the council was meeting all it own obligations, with a risk of having to repay substantial amounts of funds already received.
3.6 In April 2006 a Senior Planning Compliance Officer was appointed, with the following main objectives:
• To review all agreements since 2000, and any others previous to this that were still ‘in force’, as requested by officers. This exercise has not only resulted in the recovery of a substantial amount of ‘bad debt’ (see Section 4.5) but has also alerted council departments to some obligations they were unaware of. • To review the way planning agreements in the council are handled, and make improvements. These are set out in Section 5.0 below • To closely monitor all new agreements, and ensure all obligations are met.
3.7 The Senior Planning Compliance Officer works 0.4FTE in this role, with 0.6FTE undertaken on planning enforcement. This is a fixed term contract, due to expire in less than 2 years.
4.0 PERFORMANCE
4.1 A summary of progress is presented in Appendix 1, including a breakdown of contributions agreed and received, by type of provision.
4.2 In total, 113 agreements have been reviewed since April 2006, of which 87 require further monitoring.
REF: PT25068C 2 Page 261
4.3 Contributions agreed with developers have increased considerably from a yearly average of £800,000 from 2000-2005 to £2.27m during the past financial year. This reflects an increase in applications, but also a greater awareness amongst officers of funding opportunities through planning agreements, and a firmer line taken in negotiations following the establishment of the S106 co-ordination meetings (see section 5.2)
4.4 The amount of contributions received has also increased, not only as a result of higher contributions agreed, but also due to closer monitoring to ensure payments are received, and on time.
4.5 The Senior Planning Compliance Officer has directly recovered over £155,000 of ‘bad debt’ since April 2006. These payments are ones that were unlikely to have otherwise been received, being several years overdue, or where payment was being withheld in dispute. In addition, as a result of the direct intervention of the Senior Planning Compliance Officer a further £271,914 has been received where payments were over six months overdue and not being offered by the developer. Over £21,000 is currently being recovered through Legal Services intervention and possible prosecution action.
4.6 Additionally, Local Authorities must be seen to be spending funds correctly as well as receiving them. With the support of Section 106 funds, a number of projects have reached completion or made substantial progress during 2007-8. These include:
• Support for play, recreation, and sports facilities across the City, including new or improved facilities at Armscroft Park and Holmleigh Park, as well as assistance towards the development of facilities for Abbeymead Rangers Football Club. • Completion of St Oswalds railings and interpretation boards • Ongoing development of a ‘car club’ scheme for residents of the city centre area, with the intention of reducing need for private car ownership. • Significant numbers of affordable housing units developed or under construction, in particular at Kingsway and Awebridge Way • Issue of bicycle vouchers for new residents of some new housing developments.
5.0 SERVICE IMPROVEMENTS 2006/7
5.1 A protocol has now been agreed with senior managers, that sets out the roles and responsibilities of various officers in negotiating, signing up to, monitoring and implementing the requirements of planning agreements.
5.2 A monthly ‘co-ordination’ meeting has been established, attended by officers looking to secure developer contributions, or implement schemes financed this way. Development proposals are discussed at an early stage of the application process and recommendations made in order to:
• Maximise the amount of benefit secured to the City through agreements, according to council policies and service objectives • Prioritise where there are competing demands, • Add weight and justification to planning decisions
REF: PT25068C 3 Page 262
5.3 The content and formulation of Legal Agreements have been reviewed and improved:
• Legal Services now co-ordinate the negotiation, checking and distribution of all agreements to ensure they are registered, reflect the requirements of the planning officer and recommendations of the S106 co-ordination, and are enforceable • ‘Model Agreements’ are being developed as a template, to save time and cost in preparation of the Agreements. Agreements almost always now include:
ü A requirement for interest to be paid on late payments ü Large payments are now ‘indexed’ to ensure that the value of the funds eventually received reflects the cost of provision at the time the agreement was entered into. ü A monitoring fee (see Section 6.0)
5.4 Monitoring of all agreements has been improved through:
• Input by the Senior Planning Compliance Officer into Legal Agreements before they are signed off • On signing of an Agreement, a written explanation to developers and council officers to reinforce requirements • Periodic review of all agreements, and outstanding requirements, with reminders to developers and officers as necessary. • Creation of a single point of contact for all monitoring issues and payments, i.e. the Senior Planning Compliance Officer • Development and use of IT package to track when requirements are due, as well as to assist in reporting and statistical returns. Budgetary and record keeping procedures have also been reviewed to ensure that all planning contributions can be easily tracked, and evidence of the works paid for available, as required by audit.
5.5 Where payments have not been made despite requests being made, or obligations on developers or others not fulfilled, there is a presumption in taking enforcement action to ensure requirements are fully met. Legal Services have made a number of approaches at the request of the Senior Planning Compliance Officer, which have resulted in contributions being received or obligations met. Prosecution is currently being considered for two unresolved cases. It is likely that the Senior Planning Compliance Officer will continue to rely on support and staff resources being made available by Legal Services to best ensure that developers are encouraged to comply with their obligations.
6.0 MONITORING FEE
6.1 Government guidance permits and encourages the inclusion of a fee within Legal Agreements, to recover some or all of the cost of a Monitoring Officer, as long as it is reasonable and proportionate to the costs incurred.
REF: PT25068C 4 Page 263
6.2 The cost of employing the Senior Planning Compliance Officer is approximately £35,000pa, including on-costs such as superannuation and employer national insurance contributions. An average 0.4FTE of this post is spent working on Section 106 Agreements, at an estimated cost of £14,000pa.
6.3 Since June 2006, monitoring fees have been included within most new agreements. Fees have been applied at £500 per main clause, and £250 per smaller agreement. In this time £6,000 has been secured, which equates to approximately £8,000 per annum. However, this falls below the true cost of monitoring.
6.4 A detailed breakdown of time and other costs involved in monitoring S106 Agreements have subsequently been calculated. The results indicate that a charge of £750 per main clause and £350 per smaller agreement would cover costs.
6.5 Fees should be negotiated to be paid on the signing of Agreement, or at least 50% to be paid at this stage, to reflect some of the early monitoring actions which take place regardless of whether scheme is implemented or not
7.0 FURTHER IMPROVEMENTS
7.1 A webpage will be developed on Gloucester City website outlining key information regarding Section 106 Agreements in the City. This will include a ‘developers guide’ setting out the process for entering into agreements, likely levels of contribution sought, with contact details and links to relevant policies. In addition the webpage will provide headline information on progress, and brief details of those Agreements signed, in line with the Council’s requirement to keep a ‘planning register’.
7.2 Legal Services will further develop model legal agreements and standard clauses for those types of agreement not yet covered. This will save time and duplication for future agreements, and provide developers with more understanding of the Council’s requirements. In time these agreements may be included on the Section 106 webpage.
7.3 A number of areas within the council already have strong policies in relation to Section 106 contributions/obligations, and this provides a strong justification and criteria for requesting these from developers. Other areas will need to review, improve or adopt policies in order they are better placed to secure benefits.
7.4 Better reporting of Section 106 activity will be achieved through bi-annual reports to committee, public access to information through the webpage, as well as the publicity of ‘good news stories’ (particularly with regard to cases where successful action has been taken to secure compliance).
8.0 CONCLUSION
8.1 The Senior Planning Compliance Officer has recovered over £425,000 of developer contributions since taking post in April 2006. Of this, over £155,000 is unlikely to otherwise ever have been received. Over £21,000 is currently being sought through legal action.
8.2 All planning agreements are now registered and closely monitored, with over £1.6M being received in contributions since April 2006.
REF: PT25068C 5 Page 264
8.3 A review has taken place in the way in which agreements are managed, and a number of improvements made or soon to take place, with the following benefits:
• A significant increase in developer contributions (totalling £3.6M since April 2006) and other benefits has been agreed, and better aimed towards areas of most need, as identified through council wide policies and priorities. • All payments are now made on time, otherwise incurring interest. There is a presumption towards enforcing against non-payment or failure to meet obligations, including legal action as a last resort. • There is a reduced risk on Gloucester City Council by better ensuring it meets its own contractual obligations, and therefore less likely to have to repay funds. • There is better co-ordination, access to information, and reporting of section 106 activity. • A monitoring fee is being secured from developers to cover some of the costs of employing a S106 Monitoring Officer
9.0 FINANCIAL IMPLICATIONS
9.1 The £35,000 salary of the S106 Monitoring Officer is financed for 3 years from Planning Delivery Grant with an end date of 31 st March 2010.
9.2 By the end of 2007/08 the Council was holding £3 million in developer contributions.
9.3 Name of the Officer: Steve Meers
10.0 LEGAL IMPLICATIONS
10.1 The proposed monitoring charges are permitted in a 106 Agreement so long as they relate to the terms and covenants in the agreement and are spent on such. They can not be used as general revenue raising powers.
10.2 Name of the Officer: Gary Spencer
11.0 RISK MANAGEMENT IMPLICATIONS ( Authors to complete) Identify all key risks (scoring 8 and above) for the recommendation including the impact and likelihood of the risk occurring and what measures will be taken to mitigate the risk.
11.1 There is little risk in charging a monitoring fee. The amount charged is relatively small compared to the value of the development proposal or other contributions required by the council. Evidence from other authorities is that the charge is rarely challenged, and where it is developers are satisfied if a justification can be provided. Detailed work has been undertaken to demonstrate how this charge has been calculated, and therefore should stand up to any scrutiny. Agreement by Cabinet would also add weight to this decision. There is a greater risk in not levying this charge as without it there may not be enough funding to continue this monitoring function beyond April 2010. If so, there is a danger that some contributions due will not be received, but also that the council will be liable for repayment of some funds, with interest, for failure to fulfil its own obligations.
REF: PT25068C 6 Page 265
12.0 PREDICTIVE IMPACT ASSESSMENTS (EQUALITIES) (Authors to complete) Identify all risks for customers and staff, in the areas of gender, disability, age, race, religion, sexual orientation etc.
12.1 No direct impact. Where S106 contributions or other obligations are aimed at benefiting certain members of society then a monitoring fee will better ensure that these benefits are delivered, and as required. The only adverse impact for the developer is the imposition of a charge. However, the monitoring function is also in the developer’s interest, to enhance the value and attractiveness of the development completed by ensuring all parties, including the council, fulfil their obligations.
13.0 OTHER CORPORATE IMPLICATIONS
1. Community Safety (Author to complete)
No direct implication.
2. Environmental (Author to complete)
No direct implication.
3. Staffing (Personnel to complete) (Provided by G. Bourton)
Covered in the report.
4. Trade Union (TU to complete)
No comments.
Background Papers :
Published Papers :
Person to Contact : Andy Birchley Tel: 396774 E-mail: [email protected]
MVJ/PT25068C 12.6.2008
REF: PT25068C 7 Page 266
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APPENDIX 1 – SECTION 106 HEADLINE PERFORMANCE
2006/7 2007/8 TOTAL
NUMBER OF 113 AGREEMENTS: Being monitored 87 Closed (monitoring 17 complete) Under negotiation / 9 awaiting signing
CONTRIBUTIONS AGREED (£) £1,370,096 £2,272,087 £3,642,183 Highways £21,500 £410,000 £431,500 Sustainable transport £45,000 £15,000 £60,000 Public Open Space £51,000 £550,239 £601,239 Affordable Housing £761,596 £919,048 £1,680,644 Car Club £289,500 £132,500 £422,000 Community Facilities £20,000 £0 £20,000 Sports Facilities £174,000 £150,000 £324,000 Other £7,500 £88,800 £96,300 Monitoring fees £0 £6,500 £6,500
CONTRIBUTIONS RECEIVED (£) £408,352 £1,254,667 £1,663,019 Highways £90,627 £17,500 £108,127 Sustainable transport £26,500 £25,400 £51,900 Public Open Space £253,725 £78,435 £332,160 Affordable Housing £0 £1,053,332 £1,053,332 Car Club £37,500 £15,000 £52,500 Community Facilities £0 £20,000 £20,000 Sports Facilities £0 £0 £0 Other £0 £39,000 £39,000 Monitoring fees £0 £6,000 £6,000
Of which: Recovered as ‘bad debt’ £91,689 £63,435 £155,124 Other late payment received as a result of officer intervention £216,089 £53,974 £270,063 Interest for late payment £1,851 £1,851
Court action sought to £21,103 £21,103 recover:
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This page is intentionally left blank Page 269 Agenda Item 14 Gloucester City Council
COMMITTEE : GLT Cabinet Briefing Cabinet DATE : 19 th June 2008 25 th June 2008 9th July 2008 SUBJECT : Community Engagement Strategy (Draft) DECISION TYPE : Executive WARD : All REPORT BY : Cabinet Member for Communities and Neighbourhoods NO. OF APPENDICES : 2 – A) Community Engagement Strategy B) Action Plan C) Indicator Set REFERENCE NO. : PC200808
1.0 PURPOSE OF REPORT
1.1 The purpose of this report is to present the city council’s Community Engagement strategy and action plan.
2.0 RECOMMENDATIONS
2.1 It is recommended that the strategy and action plan are approved.
3.0 BACKGROUND
3.1 Community engagement and empowerment are a high priority in terms of national policy. They are also key elements within the Local Area Agreement for Gloucestershire and Gloucester’s Sustainable Community Strategy.
3.2 Community engagement can encompass a range of approaches along a spectrum, from the council providing information for local people at one end to it supporting independent community initiatives at the other.
3.3 Through the Local Area Agreement and mechanisms, such as the Place Shaping survey, the council’s effectiveness in engaging local communities will be measured. These in turn will affect how the council is viewed under the future comprehensive area assessment.
3.4 Through this strategy the council aims to support:
Strong communities , who can develop and sustain their own organisations (community governance), bringing people together to deal with their common concerns.
PC200808 1 Page 270
Active communities , where people are supported to improve quality of life in their own communities.
Inclusive communities , where all sections of the community feel they have opportunities to be involved in decision-making and influence public service improvement.
4.0 PROGRESS
4.1 At present the city council undertakes a range of community engagement activities. These include consultation exercises involving residents and customers, support for neighbourhood partnerships and work with the voluntary and community sectors.
4.2 There are a number of aspects, however, in which our approach to community engagement needs to be improved in order to be fully effective. These are:
i) Ensuring everyone in the city has the opportunity to shape and influence council policies and services, including hard to reach groups. ii) Building an organisational culture which puts community engagement at the heart of service planning and development. iii) Effectively managing engagement activities across the council to ensure consistency, quality and avoid duplication. iv) Increasing the council’s impact in terms of strengthening local democracy and active participation.
4.3 This strategy, attached as Appendix A, is intended to help the council develop and embed a strong community engagement ethos supported by sound practice across the authority. At the same time, it clarifies for all concerned how the council aims to engage with local people and what it will do as a result.
5.0 FUTURE WORK
5.1 The action plan attached as Appendix B contains a number of key actions identified at this point in order to meet the objectives of the strategy. It is intended that this will remain a flexible plan, however, to allow further actions to be incorporated as appropriate and as discussions with partners and residents develop over the coming year.
5.2 The resources required to achieve the strategy will be found from within the Strategy and Development directorate. In particular, consideration is currently being given through phase 2 of the organisational restructuring programme to the resourcing of this important area of the council’s work.
6.0 CONCLUSIONS
6.1 The city council needs to improve the effectiveness of its work in engaging with local people in line with national policy and local agendas. To this end it has produced a strategy to guide future work and an action plan containing specific actions to be undertaken to deliver the strategy. Approval is now sought to ensure community engagement objectives can be met, in accordance with the council’s ‘Building a Better Gloucester’ corporate plan.
PC200808 2 Page 271
7.0 FINANCIAL IMPLICATIONS
7.1 Resources required to deliver the strategy will be met from within the Strategy and Development directorate.
7.2 Name of the Officer: Amanda Wadsley
8.0 LEGAL IMPLICATIONS
8.1 The report indicates the requirements of Central Government for community engagement and sets out the plans of the Council to carry this out. Care will need to be taken to ensure compliance with the law in any empowerment of communities, however at this stage there is insufficient information to identify potential implications. Otherwise there are no legal implications to the report.
8.2 Name of the Officer: Gary Spencer
9.0 RISK MANAGEMENT IMPLICATIONS
9.1 A full risk analysis is included in the strategy document.
10.0 PREDICTIVE IMPACT ASSESSMENTS (EQUALITIES)
10.1 This strategy provides the mechanisms through which the council will engage with all communities , and will enable the authority to meet its duty against all six strands of the equalities legislation.
11.0 OTHER CORPORATE IMPLICATIONS
1. Community Safety
Community engagement is fundamental to the design and delivery of the council’s community safety initiatives.
2. Environmental
It is also fundamental to the design and delivery of the council’s environmental services and initiatives.
3. Staffing (Personnel to complete)
Staffing implications are covered in the report.
Name of the Officer: Gill Bourton
PC200808 3 Page 272
4. Trade Union
The policy of community engagement especially where it addresses equality issues is something unison would support. However if the burden of carrying out this additional work is not properly staffed and resourced it could become a problem for already busy staff.
TU comments provided by Steve McDonnell.
Background Papers :
Published Papers :
Person to Contact : Amanda Wadsley Tel: 396402 E-mail: [email protected]
PC200808 4 Page 273 APPENDIX A
DRAFT Gloucester City Council Community Engagement Strategy April 2008 – March 2011
1. Introduction : the wider context for the development of this strategy
Community engagement and empowerment have never been such high priorities for national government, as demonstrated in the Local Government White Paper: Strong & Prosperous Communities 2006 and the Action Plan for Community Empowerment: Building on Success 2007. Gloucestershire’s Sustainable Community Strategy and its delivery mechanism, the county-wide Local Area Agreement have key indicators which are now seeking clear evidence of an increased number of local people influencing services, registering increased satisfaction with their neighbourhoods and an improved sense of community cohesion. Gloucester’s Sustainable Community Strategy includes several key outcomes around delivering community engagement, as does the council’s own Corporate Strategy – Building a Better Gloucester.
Gloucester City Council’s community engagement activities have been brought together into this overarching strategy for the city with the aim of improving and better co-ordinating how we engage with our citizens, customers and communities, based on our belief that
• All communities should be involved in the decisions that affect them; • All communities deserve high quality public services, shaped around their needs; • City council policies and strategies should reflect local priorities, requirement and aspirations.
2. What do we mean by community engagement ?
The Department for Communities and Local Government defines community engagement as “ the process whereby public bodies reach out to communities to create empowerment opportunities”.
Empowerment is defined as “the giving of confidence, skills and power to communities to shape and influence that which public bodies do for and with them” .
It is these definitions that are driving much of national Government’s citizen focused policy development, and Gloucester City Council recognises the dual responsibility within these definitions, both to ensure our services are creating opportunities for meaningful involvement, but also that there is capacity in communities to take up these opportunities.
Locally, the following definition has been agreed after a process of wide consultation and engagement:
“Community engagement involves local people in informing and improving the services which impact on their lives. It is a is a value based process which needs
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to be embedded throughout all levels of an organisation, and which gives both individuals and communities the opportunity and ability to influence and shape its services.”
This strategy has been designed to ensure that the City Council is able to offer the most appropriate/relevant opportunities to communities of place and interest to enable them to shape and influence the services that affect their lives. The levels of engagement are defined through the “Ladder of participation”:
• Information: “ here is what we are going to do…” • Consultation : “here are the options…what do you think?” • Deciding together : where local people will be directly involved with partner agencies in deciding which options to chose, but the work will be carried out by the Council • Acting together : collaboration to implementation - where decisions are made by partnerships between local people and the Council/other agencies. The people involved in making the decisions also take part in carrying them out (EG: within Street Care, where residents take an active role as volunteers to support core activities such as street deep cleaning etc) • Supporting independent community initiatives: enabling local people to act, take decisions, make changes and take control.
Within this framework we have identified two groups of communities that the strategy needs to respond to in order to achieve our aims:
Communities of place – which are defined as communities that are tied to a specific geographic area, which could be at street, neighbourhood, town or district level.
Communities of interest – which are groups of people who share an identity or experience in life and may not traditionally get involved in community engagement activities, specifically the 6 equality strands.
3. Aim of the strategy
This Community Engagement Strategy aims to support strong, active and inclusive communities, who are informed and involved in decision-making and who enable us to improve public services to enhance the quality of life for residents in Gloucester. We aim to support:
• strong communities , who can develop and sustain their own organisations (community governance) , bringing people together to deal with their common concerns • active communities, where people are supported to improve quality of life in their own communities • inclusive communities , where all sections of the community feel they have opportunities to be involved in decision-making and influence public service improvement.
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4. What are our objectives ?
The objectives of this strategy are:
1) Strengthen, develop and sustain opportunities for all sections of communities to shape and influence the development and delivery of quality public services and policies that reflect local needs and priorities 2) To develop an organisational culture that enables the Council to integrate neighbourhood and community engagement at the core of service planning 3) Manage and coordinate engagement activities to ensure consistency, quality and partner participation, avoiding duplication 4) Strengthen local democracy and active citizenship
5. How will we achieve our objectives ?
A more detailed Action Plan is attached at Appendix B which outlines the key tasks required to deliver against the aims of this strategy. There will need to be a combination of corporate tasks together with service level actions delivered through Service Development Plans. Current identified priorities for action include:
• Supporting and enhancing the role of elected members as community champions for engagement including a programme of training and development opportunities. • Tracking and evidencing the impact of the contributions made by communities on the design and delivery of public services. • Ensuring effective and systematic use of community information in service planning. • Providing flexibility, variety and choice in community engagement activities. • Developing a programme for incorporating equalities focused engagement into mainstream approaches to meet the demands of the Generic Equalities Standard. • Developing and enhancing staff skills and expertise in engagement and participation via a systematic training and development programme, by linking to the Driving Gloucester Forward programme to improve competencies, and through improved centralised support. • Improving co-ordination and governance of community engagement activities, via development of protocols, toolkits and a performance management framework, and through improving information flow. • Developing a system for co-ordinating consultation and engagement activities, internally and externally, and improving joint-working and joint action across the council • Improving co-ordination with partners in engagement activities. • Going out to communities where they are
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6. Who is this strategy for ?
This strategy has been developed to support a shared understanding internally, across the council and externally as to how we will work together to achieve our aim of quality community engagement. The strategy aims to inform the following:
• Elected members with a key role in delivering this strategy. • Council staff – everyone is involved in community engagement activity in various forms. • Residents. • The Voluntary and Community Sector (VCS), who provide local services, working directly with local groups and organisations, often with members of usually excluded groups, and who can represent the views of their sectors. • Partners, ensuring that services delivered across the city complement each other and maximise the benefit for local residents.
7. What is in place currently ?
The diagram on the following page shows a range of city council community engagement mechanisms currently in place. In addition, there is a network of neighbourhood Partnerships across the city, which provide a mechanism for the council to engage with communities in neighbourhoods. There are over 300 Voluntary and Community Groups across the city, many representing communities of interest and providing a vehicle to engage with those communities.
In addition there is a wealth of community engagement across the council at service and operational level. This is currently being audited and will be completed in July 2008. There are also partnership mechanisms for engagement, including through Gloucester LSP and through the Gloucestershire Voluntary Sector Assembly.
8. What are our engagement principles ?
To deliver the aims of this strategy, it is important to set some clear service standards to operate alongside, so providing a set of guiding principles to inform the way we carry out our community engagement activities.
• Co-ordination & Partnership o we will co-ordinate our community engagement activities both within the council and with our partners to ensure we minimise duplication of effort and confusion for communities. o we will work together with partners and across services to achieve outcomes o we will provide leadership from the top of the organisation to ensure that community engagement influences services and plans. o We will work with communities to deliver this strategy and action plan
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• Equalities, access and inclusion o we will ensure that barriers that prevent residents form participating in engagement opportunities are overcome and that we provide a range of opportunities for communities to engage o we will work to ensure that those communities often excluded are involved, focusing specifically on the six generic equality strands. o We will make sure that community participation is a must have and a must do within our equalities actions,
• Clarity of purpose o we will only engage when there is a real opportunity for people to influence and change decisions and services. o we will be honest and open about the purpose of community engagement and what it can achieve and how it will feed in to service improvement. o we will have clear processes to feedback the results of any community engagement activity and outcomes and provide reasons if we are unable to deliver against expectations.
• Confidentiality o we will ensure awareness of confidentiality issues in community engagement activities, with regard to the Freedom of Information and Data Protection Acts.
• Building Capacity o we will recognise the need to build social capital and capacity within communities to ensure their active and meaningful engagement. o we will work through existing partnerships to achieve the best way of supporting and resourcing that capacity.
• Visibility o we will ensure that those directly impacted on and affected by plans or decisions are aware of the opportunities for community engagement. o we will work with key partners in the VCS to provide advance warning of community engagement activities and share expertise on the best approach to delivery and publicity.
9. How will we measure our achievements ?
Evidencing the impact of the work of this strategy is key to delivering against its aims. It is not sufficient to undertake community engagement alone – it’s relevance to the community and the city council needs to be measured through the impact that engagement has on the quality of life for residents, on service provision and on willingness and capacity to engage.
To achieve this we will: • bring together the set of indicators in Appendix C which are already being gathered to measure a range of other plans and strategies to measure our achievements, and in particular use our Place Survey to measure our achievement across 2 key Local Area Agreement indicators:
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o increase the percentage of residents who feel they can influence decisions affecting their local area o increase the percentage of residents who feel that their area is a place where people from different backgrounds get on well together • monitor, manage and report on the performance of the action plan associated with this strategy regularly to elected members, Gloucester Leadership Team, partners and residents. • commit to exploring national practice for measuring the impact of community engagement to establish an innovative, qualitative system of performance management.
10. Who is responsible for this Community Engagement Strategy ?
For community engagement to be successfully embedded in the organisation, it needs to be owned at and driven from the highest level. The Cabinet Lead for Communities and Neighbourhoods and the Chief Executive of the Council will lead this work at Cabinet level and the strategy implementation and roll out will be the responsibility of the Corporate Director for Strategy and Development. Responsibility for carrying out the tasks will include service managers as indicated in the Action Plan. Tasks will be incorporated into Service Development Plans and monitored as part of the overseeing of those plans. The plan itself will be monitored and reviewed on an annual basis.
11. Risks
A risk log follows on the next page.
Community Engagement Strategy – Version 5 -19/6/08 - so 6 Current City Council Community Equalities incorporated in constitutions Involves external partners Engagement Structures & code of conduct Unsure exactly how representative eg: Police, City Homes, current membership is but all residents Enterprise & Council have automatic membership
Contributes to policy Actively engages all development, raises sections of the awareness, provides Neighbourhood community in input, views and Partnerships participation & feedback in relation to decision making on planning policy and Community streetcare, parks and development matters facilities for young (sometimes other Forum people, safety, council services use community spirit, forum to access environment, health communities)
Page 279 Community Membership includes Community Councils, neighbourhood partnerships, Engagement GayGlos, Pensioners Forum, ACA, Diocese of Gloucester & Disability Forum Housing Plans to review membership. Forum
LSP Proofing & Reference Group Membership includes Contributes to policy Tenants/Residents development, raises Associations, City Centre awareness, provides Partnership, Youth At proposal stage – GAVCA input, views and to run. Remit to cover representatives, disabled feedback in relation to people, older people Community Cohesion, Housing policy and Currently no BME reps” Sustainability & Equalities. strategy but working to get under- Group will proof Gloucester ComEngtstructures.version1.12/3/08.djr Group will also have a represented groups LSP activities monitoring role involved.
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This page is intentionally left blank Community Engagement Strategy Risk Log
The table below outlines an early summary of the potential risks associated with this area of work. There are currently no timeframes as the Action plan is yet to be written. At this point the risks and mitigating actions are indicative.
No RISK Original Score Mitigating Action Revised Score Impact Likelihood Score Impact Likelihood Score 1 Risks associated with institutional commitment and capacity to empower neighbourhoods/communities, including:
(i) potential lack of political will to support 4 3 12 (i) Regular communication with members neighbourhood empowerment regarding strategy development.
(ii) a lack of capacity within the City Council to 4 3/4 12/16 (ii) * Training & development programme for staff make neighbourhood governance a practical re community engagement skills to be put in Page 281 reality place to enhance delivery within current resources * Co-ordinated efforts cross departmental to maximise use of resources 2 Temptation to create absolute 3 2 6 * Action plan to reflect successful/useful existing 3 1 3 coherence/total system change – time work being done and incorporate. Action plan to consuming and rarely necessary build on existing work and address gaps/ areas of underperformance.
3 Risks associated with the inclusiveness, 4 3/4 12/16 * Close work with the HR Equalities team to plan 4 2/3 8-12 accountability and performance of how to incorporate the previous forum work neighbourhood/community engagement effectively into other existing structures structures and/or activities * Agree support and development structures for all community engagement structures and bodies, ensuring sufficient organisational development support is included, specifically within Neighbourhood Partnerships
Community engagement strategy – risk log version 1.12/3/08 - djr
No RISK Original Score Mitigating Action Revised Score Impact Likelihood Score Impact Likelihood Score
4 Risks associated with neighbourhood 4 4 16 * Forward plan written for support and servicing of 4 2 8 capacity and social capital, such as the huge Neighbourhood Partnerships, taking into account variation in levels of social support and levels of higher need in certain area – appropriate practical skills within neighbourhoods. This resourcing to be agreed. could mean that more affluent neighbourhoods disproportionately benefit * Close joint working with other partners and from new opportunities for local action, partnerships to identify shared support and because they are more able to organise, resources available for this area of work. articulate their interests, and raise funds.
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Community engagement strategy – risk log version 1.12/3/08 - djr Page 283 APPENDIX B
Draft
COMMUNITY ENGAGEMENT ACTION PLAN
The content of this draft action plan is indicative of the actions to be undertaken to deliver against the objectives outlined in the Community Engagement strategy. It will remain a flexible document which allows new actions to be added as appropriate, to meet the objectives, over the coming year.
OBJECTIVES:
1) Strengthen, develop and sustain opportunities for all sections of communities to shape and influence the development and delivery of quality public services and policies that reflect local needs and priorities:
Tasks Timeframe Who to lead
• Develop project plan to integrate core 30/09/08 A. Wadsley equalities forum work into the existing effective community engagement structures, both internal and external, looking at opportunities to work jointly with Gloucestershire Assembly, Gloucester LSP and with GAVCA, to improve engagement and outcomes
• Audit and evaluate the existing engagement 30/11/08 Service Manager structures (Including those identified in the diagram and Neighbourhood Partnerships) and respond to the findings, specifically regarding co-ordination
• Improve council support to communities to 31/03/09 Group Manager enhance engagement by: o Improving support services for Neighbourhood Partnerships through contracting with the One-for-All project o Increasing internal development and brokerage support. o Providing capacity to develop neighbourhood plans with neighbourhood partnerships (similar to the Parish Plan model)
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2) To develop an organisational culture that enables the City Council to integrate neighbourhood and community engagement at the core of service planning.
Tasks Timeframe Who to lead
• Research the existing national good practice 30/06/08 S. Oppenheimer work on measuring the success and value of community engagement, and incorporate into the performance management system.
• Establish a performance management 31/08/08 R. Charley system that reflects performance against the stated strategic objectives And incorporates appropriate levels of monitoring for all 6 equality strands, and for evaluating the impact of community engagement
• Broaden the terms of reference of the 30/09/08 J. Douglas Officer Consultation group to embrace Community Engagement, and build the skills and capacity of its members to champion community engagement in services across the council
• Develop and agree Protocols for working 30/09/08 F. Gobey directly with Neighbourhood Partnerships
• Develop a tracking system to evidence how 30/11/08 Service Manager and where community information gathered via community engagement activities is directly or indirectly influencing service planning and delivery, and the impact of that influence
• Establish an information and engagement 31/12/08 A. Wadsley team within the Strategy and Development Directorate to support the implementation of community engagement, consultation and equalities, providing information, advice, mentoring and brokerage
• Build the skills and capacity of the Drivers 31/12/08 A. Wadsley/ Team to support a changed approach to Group Manager community engagement across the council
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Tasks Timeframe Who to lead
• Devise a programme of training and 31/12/08 Group Manager development for all levels of staff, integrated with equalities impact training to ensure consistent approaches throughout the Council to the community engagement guidelines – based on the operational competencies.
• Integrate equalities impact and community 31/03/09 Group Manager engagement actions, and include in Service Development Plans
• Build a central information resource to 31/03/09 Service Manager support community engagement, including neighbourhood profiles and other MAIDeN information, service information, consultation results, partner contacts (some of which will be made available on the intranet).
3) Manage and co-ordinate engagement activities to ensure consistency, quality and partner participation, avoiding duplication
Tasks Timeframe Who to lead
• Incorporate the work already undertaken for 30/09/08 J. Douglas the Consultation Strategy and Consultation Toolkit into the broader Community Engagement Strategy, supported by a community involvement toolkit, and implement the roll out of the Toolkit across the Council
• Develop a calendar of regular/planned 30/09/08 J. Douglas internal community engagement and consultation activities to enable cross departmental working and sharing of community engagement and consultation processes
• Identify key partners delivering against a 30/09/08 F. Gobey neighbourhood engagement agenda (i.e. police) and instigate discussions to identify potential for shared activity.
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Tasks Timeframe Who to lead
• Develop an internal web based information 30/11/08 Service Manager profiling system to retain and manage information gathered from neighbourhoods and/or communities of interest for use in a) identifying information that does NOT have to be gathered again, and b) enabling services to access information to incorporate wider community priorities into their planning processes.
• Working through the LSP and other relevant 31/12/08 Service Manager multi-agency partnerships develop a joint calendar of high level community engagement and consultation to minimise duplication of effort and to maximise the potential for sharing resources for shared/joint aims.
4) Strengthen local democracy and active citizenship
Tasks Timeframe Who to lead
• Work with VCS partners through existing 30/09/08 A. Kite/ funding relationships to scope out a shared T. Liebschner programme to support the empowerment/ active citizenship agenda via their direct work with the third sector.
• Report on the development of the 30/09/08 S. Webster Community Resilience Group
• Clarify the role of members in 31/10/08 S. Webster/ Neighbourhood Partnerships Service Manager
• Support and further develop the Member 31/12/08 Group Manager Development Programme, focusing on key issues such as role of community champion, concepts of area based working, working with participative democratic structures etc.
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Page 287 APPENDIX C
INDICATOR SET FOR COMMUNITY ENGAGEMENT STRATEGY
Indicator Which Plan
NI-1 Percentage of people who believe people from Sustainable Community different backgrounds get on well together in their Strategy local area Corporate Plan LAA CDRP
NI-2 Perception of people who feel that they belong Corporate Plan to their neighbourhood CDRP
NI-4 Percentage of people who feel they can Sustainable Community influence decisions in their locality Strategy Corporate Plan LAA CDRP
NI-5 Overall general satisfaction with the local area Corporate Plan
NI-23 Perception that people in the area treat one Corporate Plan another with respect and consideration CDRP
NI-110 Young people’s participation in positive Corporate Plan activities
NI-140 Fair treatment by local services Corporate Plan LAA
CP-55 Customer satisfaction Corporate Plan
CP-51 Participation of local people Corporate Plan
CP-106 Residents who believe their neighbourhood Corporate Plan partnership has improved their area
Percentage of residents in the 5 most deprived Sustainable Community Super Output Areas reporting an increase in Strategy satisfaction with their neighbourhoods (NI-2? And NI- 5 sub-set?)
LI- 24 Participation in regular volunteering LAA
LI -121 Number of Council’s achieving Level 3 of the LAA Equality Standard for Local Government
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Agenda Item No:
GLOUCESTER CITY COUNCIL
COMMITTEE : GLT Cabinet Briefing Cabinet DATE : 10 th June 2008 25 th June 2008 9th July 2008 SUBJECT : Public Services Employment Partnership DECISION TYPE : Executive WARD : All REPORT BY : Cabinet Member for Performance and Resources NO. OF APPENDICES : 2 – A) The Skills Pledge B) Membership Charter REFERENCE NO. : PC200811
1.0 PURPOSE OF REPORT
1.1 To inform Members of the work and objectives of the Public Services Employment Partnership (PSEP) and to seek approval to sign up to the Skills Pledge, and the Statement of Member’s Commitment.
2.0 RECOMMENDATIONS
2.1 Members are recommended to give their support to this strategy and agree to the signing of the Formal Statement of Member’s Commitment (Appendix B). Members are also asked to agree to sign up to the Skills Pledge (Appendix A).
3.0 BACKGROUND
The Skills Pledge
3.1 As a result of Lord Leitch’s report into the skills needed in the UK to ensure prosperity (Prosperity for all in the Global Economy: World Class Skills’) from June 2007 the Government has been actively promoting the notion that all employers sign up to the Skills Pledge.
3.2 The Skills Pledge is a voluntary, public commitment by the leaders of a business or organisation to support all its employees to develop their skills, including literacy and numeracy, and work towards relevant, valuable qualifications to at least NVQ Level 2 (equivalent to five good GCSEs) . The purpose of this is to ensure that all employees are skilled, competent and able to make a full contribution to the success of their employing organisation.
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3.3 Once an employer registers its intention to make the Skills Pledge they will be able to access specialist support via the Train to Gain brokerage system to help identify and arrange necessary training and sources of public funding to assist in ensuring the training takes place.
3.4 Train to Gain is the mechanism that helps turn the Skills Pledge undertaking into training reality, at its heart is fully funded training to help employees improve their skills and achieve a first Level 2 qualification. Employees over 19 who already have a good skills grounding may also be eligible for funding to help them achieve a level 3 qualification.
3.5 A wide range of national vocational qualifications (NVQs) are available to choose from covering almost every area of work. Assistance with improving literacy and numeracy skills is also funded through train to gain.
3.6 We are also being asked to sign up to membership of the PSEP which will bring benefits to the City Council and to its employees.
4.0 PROGRESS
The Public Services Employment Partnership
4.1 The Learning and Skills Council (LSC) has funded a post until 2010 to help them to drive forward some of the recommendations within Lord Leitch’s report, this has resulted in the formation of the PSEP Group to which we have been invited to participate as one of the Partners.
4.2 The aim of the Partnership is to work together to address recruitment and retention issues in the Public Sectors in Gloucestershire and to pool resources to address some of the difficulties we face – the attached Appendix B outlines in greater detail the benefits of membership, for example development of existing employees and equipping them to be more effective in their current role.
4.3 Public Services Employment Partnerships have been successfully established in other parts of the country, for example Birmingham and Solihull since 2003. The objectives of the Gloucestershire PSEP are:
• to act as a single voice for Public Sector Employers in Gloucestershire.
• to provide an employer led response to the shared cross-sector issues of staff recruitment, retention and development.
• to provide clear strategic leadership and to manage the work of the PSEP Servicing Team.
4.4 Five thematic groups have been established and these will focus on Apprenticeships, Skills and Workforce Development, Human Resource Planning, Communications and Marketing, and Health and Wellbeing of the Workforce.
4.5 Other partner organisations include the other Local Authorities within Gloucestershire, together with the NHS and PCTs.
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5.0 FUTURE WORK
5.1 The Partnership has met twice now and has identified its first priorities as achieving high level commitment from partner organisation and to the setting up of ‘Thematic Groups’ to address various strategic elements to achieve the overall aims and objectives.
6.0 CONCLUSIONS
6.1 This Partnership will bring Gloucestershire’s Public Sector organisations together to address workforce issues and it is important, not only to the Council’s workforce, but also for the residents of the City that Gloucester City Council plays an active role in achieving its objectives.
7.0 FINANCIAL IMPLICATIONS
7.1 The recommendation is to adopt a new strategy. It’s intended that the new approach will utilise existing resources to give an improved outcome, and so has no direct budgetary implications.
7.2 There is the potential to make savings on training costs in the future but this can not be quantified at this stage.
7.3 Capacity for the management of apprenticeships, administration, etc. will be found from existing resources.
7.4 Name of the Officer: Steve Phelps
8.0 LEGAL IMPLICATIONS
8.1 None specific to the report.
8.2 Name of the Officer: Gary Spencer
9.0 RISK MANAGEMENT IMPLICATIONS
9.1 There is a risk of a negative impact on the council’s reputation as a good employer if it fails to sign up to the Skills Pledge and Membership Charter.
10.0 PREDICTIVE IMPACT ASSESSMENTS (EQUALITIES)
10.1 Equalities’ principles will underpin each of the thematic groups and their areas of work as part of the PSEP Charter.
11.0 OTHER CORPORATE IMPLICATIONS
1. Community Safety
None specific to the report.
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2. Environmental
None specific to the report.
3. Staffing (Personnel to complete)
Signing up to the Skills Pledge and Member’s Commitment will bring benefits to both the organisation and our employees as a result of having a shared commitment and pooling of resources with other public sector bodies, and the ability to access Government funding for training initiatives.
Name of the Officer: Gill Bourton
4. Trade Union
Whilst unison welcomes the aspiration of training and developing all staff within public sector in this way there is a concern that it should be a voluntary agreement with staff to attain these levels as some may be capable of working without them and may not wish to go through further training. There should also be a link between attainment of improved training and qualifications even at this basic level and pay.
TU comments provided by Steve McDonnell.
Background Papers :
Published Papers :
Person to Contact : Gill Bourton [email protected] Tel: 396910
4 Page 293 Public Sector Employment Partnership APPENDIX 1
The Skills Pledge
In December 2006 Lord Leitch presented his report into the skills needs for the UK through to 2020 'Prosperity for all in the Global Economy: World Class Skills’ to the government. That report contained a series of far reaching recommendations and demanding targets for government, employers and individuals, one of the most significant of which was the development of The Skills Pledge.
From June 2007 the Government has been actively promoting the notion that all employers sign up to the Skills Pledge. The Skills Pledge is a voluntary, public commitment by the leaders of a business or organisation to support all its employees to develop their skills, including literacy and numeracy, and work towards relevant, valuable qualifications to at least NVQ Level 2 (equivalent to five good GCSEs) . The purpose of this is to ensure that all employees are skilled, competent and able to make a full contribution to the success of their employing organisation. Once an employer registers its intention to make the Skills Pledge they will be able to access specialist support via the Train to Gain brokerage system to help identify and arrange necessary training and sources of public funding to assist in ensuring the training takes place.
Train to Gain is the mechanism that helps turn the Skills Pledge undertaking into training reality, at its heart is fully funded training to help employees improve their skills and achieve a first Level 2 qualification. Employees over 19 who already have a good skills grounding may also be eligible for funding to help them achieve a level 3 qualification. A wide range of national vocational qualifications (NVQs) are available to choose from covering almost every area of work. Assistance with improving literacy and numeracy skills is also funded through train to gain. This can be done within an integrated NVQ programme or on a stand alone basis.
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Gloucestershire
Public Services Employment Partnership
Membership Charter - 2008
Second Draft April 2008
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Gloucestershire Public Services Employment Partnership – Members Charter
Mission
To bring together the range of public sector employers operating in Gloucestershire in order to raise the profile and value of public services and make the sector an employer of choice for those seeking employment, career development and job satisfaction.
Vision
The public services workforce in Gloucestershire will be adequately staffed by well skilled and properly qualified people resulting in public services organisations being perceived, particularly by younger people and those from under-represented groups in the community, as employers of choice for people seeking a career with good pay and conditions of service, development opportunities, job satisfaction and personal fulfilment.
Core Principles
1) To make a valued contribution to the provision of high quality public services through joint approaches to the recruitment, training, development and retention of employees.
2) To develop appropriate training and development opportunities for existing employees within the sector.
3) To improve accessibility to, and retention in, careers within the public services sector in Gloucestershire for priority groups in the community.
4) To increase the number of younger people entering employment in the sector.
5) To increase the number of people from under-represented groups in the community entering employment in the sector.
6) To increase the number of apprentices, young people and adults, employed in the public services in the county.
7) To support the objectives of the Gloucester City Employment Plan, the Cinderford Regeneration Project, and other similar employment and economic development initiatives across the whole of Gloucestershire by working with the Local Employment Partnerships and other associated agencies.
8) To identify clear progression routes within and across key public sector organisations in the county.
9) To support public sector employers in addressing inequalities in employment and service delivery and to promote the embedding of diversity across the workforce.
10) To identify, share and build on good practice across the public sector
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Introduction
By coming together in the Public Services Employment Partnership (PSEP), public sector employers in Gloucestershire are demonstrating their commitment to working together to address common issues such as diversity, recruitment and workforce development. This approach allows finite resources to be pooled and coordinated to deliver increased value for money as well as providing the means for identifying and agreeing actions across institutional boundaries.
The public sector, like other sectors, have a need to address recruitment issues in both generic and specialist occupational roles and are facing critical skills shortages in some key areas. Add to this the fact that public sector employers are not merely competing with one another to recruit and retain staff but also competing with employers in the private sector, where salaries can be significantly higher than has been the case in the public sector, and we begin to appreciate the size and complexity of the potential problem facing the sector. The problem is further exacerbated by the demographic trends that are apparently facing many public sector organisations, up to 40% of staff will have reached the age of 65 within the next ten years while there will be 10% fewer school leavers over the same period. This suggests that there are likely to be severe staff shortages in at least some key areas of the public services sector unless preventative action is taken soon to ‘future-proof’ organisations against these risks.
By understanding the potential magnitude of the problems they face, and while continually striving to ensure they are fit for purpose and capable of meeting the service needs of their users through continuous development of their existing staff , public sector employers are recognising that they require to do more to promote the ethos of public service to different groups, especially to young people and those older people who are economically inactive but wish to work.
The need for staff with technical skills such as engineers, IT technicians, maintenance staff, as well as those with financial, managerial and other more generic skills is just as great for public sector employers as for those in the private sector. Consequently individuals who have skills and experience in these occupational roles have transferable skills that allow them to move between the public and private sectors to gain career development and advancement.
A potential solution to this problem is for public sector employers, under the umbrella of the PSEP, to widen their potential recruitment pool through planned and sustainable engagement with initiatives such as the Gloucester City employment plan, the Cinderford Regeneration Project, Local Employment Partnerships, etc.
Membership benefits
In joining the Public Services Employment Partnership (PSEP), public sector employers will be demonstrating their commitment to working together to address common issues such as diversity, recruitment and workforce development. Working together in this way will allow finite resources to be pooled and coordinated in ways that produce synergy and add value for the same financial outlay as well as providing the means for identifying and agreeing actions across institutional boundaries. This approach will also allow for the development of existing employees, equipping them to be more effective in their current role, to cope with change
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more easily, to even take on increased responsibility and perhaps even a different role with the organisation.
Membership responsibilities
An important aspect of this charter is a clear and unambiguous statement of the commitments that PSEP members have agreed to sign up to and to support (Appendix 1) . By signing up to this charter members are agreeing to work in partnership to develop and share good practice that can be effectively integrated into the practices of individual organisations.
To ensure that this charter is a driver of change and is a meaningful agreement between partners, public service organisations are required to obtain the formal endorsement of their involvement in the PSEP from their non-executive management committees and boards. Each public service organisation will be asked to confirm that they will adhere to the core principles of the PSEP, support and actively participate in its various working groups and commit to working towards the mission and vision of the partnership.
Operating structure
To ensure that progress towards achievement of the partnership’s mission and vision an operational plan will outline the activities that will be taken forward collectively by the membership working collaboratively through a formal partnership network.
Following written confirmation of commitment to the partnerships’ charter from each member it is expected that a representative from the organisation will actively participate in at least one of the thematic groups.
The following diagram illustrates how the partnership network will operate.
PSEP Membership (organisations)
Executive Group (Strategic) Partnership Coordination
Skills & Workforce Health & Wellbeing HR Planning Communications Apprenticeships Development of the Workforce (Operational) & Marketing (Operational) (Operational) (Operational) (Operational)
PSEP Operating Structure
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Executive (Strategic) Group – Terms of Reference
Objectives:
The objectives of the PSEP Executive Group are:
1) To act as a single voice for Public Sector Employers in Gloucestershire.
2) To provide an employer led response to the shared cross-sector issues of staff recruitment, retention and development.
3) To provide clear strategic leadership and to manage the work of the PSEP Servicing Team.
Aims:
1) To provide a mechanism for engaging public sector agencies in the PSEP at the most appropriate level and to establish processes that enable communication with all stakeholders at a senior level.
2) To ensure that the actions it takes will reflect service strategies produced by such bodies as Learning & Skills Council (LSC), Department for Innovation, Universities & Skills (DIUS), and the Gloucestershire Conference.
3) To promote career and development opportunities to priority groups from key target groups in the community.
4) To develop and promote initiatives focused on accommodating the increasingly flexible approaches required when dealing with the reality of an aging workforce in the public services sector.
5) To ensure that key national and regional strategies and drivers such as the national skills strategy are integrated into local activity.
6) To direct and guide the work of the PSEP thematic groups by establishing appropriate reporting structures to ensure monitoring, progress and consistency across projects.
7) To agree joint projects and initiatives that promote and support integrated approaches to common issues in the field of public sector employee development and recruitment.
8) To provide a link to other current initiatives both in other sectors and also in specific sub-sectors (e.g. Local Authorities, Health Sector, Crown Prosecution Service, Civil Service, etc,).
9) Inform the input to the Local Employment Partnerships (LEPs), the Gloucester City Employment Plan, the Cinderford Regeneration Project, the Gloucestershire Conference Strategic Plan, etc.
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Membership:
1) The membership of the Executive Group will be such that is ensures that a balance is achieved between the diversity of participation, size of different sector interests and ensuring the availability of knowledge and resources to deliver the objective outlined in the PSEP’s operational plan.
2) A pre-requisite for membership of this group is the organisation’s formal written commitment to the key principles of the PSEP.
3) Members from participating organisation should be from the Senior Executive Team and able to contribute to the strategic discussions of the group.
4) Membership will be for a minimum period of 12 months and members or their nominated deputies will be expected to attend a minimum of two meetings per year.
Executive Members for 2008:
Amanda Attfield Cheltenham Borough Council
Dave McIntosh Cotswold/Tewkesbury District Council
David Durnell Forest of Dean District Council
Amanda Wadsley Gloucester City Council
Amanda Newman Gloucestershire Constabulary
Margaret Sheather Gloucestershire County Council
Nuala Ring Gloucestershire Primary Care Trust
Tim Smithson Learning & Skills Council (Gloucestershire)
Karen Toole Stroud District Council
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Apprenticeships Thematic Group - Terms of Reference
Objectives:
The objectives of the Apprenticeships Thematic Group are:
Ø To ensure that member organisations are aware of the advantages of using the apprenticeship system as a means of recruiting and training staff.
Ø To increase the usage of apprenticeships by public sector employers in Gloucestershire in line with the Government’s apprenticeship strategy.
Ø To facilitate a partnership approach to the development of apprenticeships in the public services in Gloucestershire.
Membership:
1) The membership of this Operational Group will be such that is ensures that a balance is achieved between the diversity of participation, size of different sector interests and ensuring the availability of knowledge and resources to deliver the objective outlined in the PSEP’s operational plan.
2) A pre-requisite for membership of this group is the organisation’s formal written commitment to the key principles of the PSEP.
3) Members from participating organisation should be employed in a role that is associated with the area of work of the group and/or have an appropriate level of relevant expertise and able to contribute to the strategic discussions of the group.
4) Membership will be for a minimum period of 12 months and members or their nominated deputies will be expected to attend a minimum of two meetings per year.
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Skills & Workforce Development Thematic Group - Terms of Reference
Objectives:
The objectives of the Skills & Workforce Development Thematic Group are:
Ø To move toward the position where the minimum qualifications and skills levels of all public sector staff in Gloucestershire meet the standards set out in the governments’ Skills Pledge.
Ø The pooling of members’ training resources wherever possible to maximize the effectiveness of and training delivery, minimize cost to partners and concentrate training needs in such a way as will facilitate viable local delivery of training to meet the needs of key service activities.
Ø To develop training programmes that meet the specific needs of public sector employers in Gloucestershire.
Membership:
1) The membership of this Operational Group will be such that is ensures that a balance is achieved between the diversity of participation, size of different sector interests and ensuring the availability of knowledge and resources to deliver the objective outlined in the PSEP’s operational plan.
2) A pre-requisite for membership of this group is the organisation’s formal written commitment to the key principles of the PSEP.
5) Members from participating organisation should be employed in a role that is associated with the area of work of the group and/or have an appropriate level of relevant expertise and able to contribute to the strategic discussions of the group.
3) Membership will be for a minimum period of 12 months and members or their nominated deputies will be expected to attend a minimum of two meetings per year.
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Human Resource Planning Thematic Group - Terms of Reference
Objectives:
The objectives of the Human Resource Planning Thematic Group are:
Ø To assemble and maintain robust data relating to the age, gender, ethnicity, qualifications and skills levels of public sector employees in Gloucestershire and utilize that data to inform all aspects of human resource planning, target setting, etc. that impact on
Ø To facilitate the development/adoption of joint/common approaches to staff recruitment, training, retention and development.
Membership:
1) The membership of this Operational Group will be such that is ensures that a balance is achieved between the diversity of participation, size of different sector interests and ensuring the availability of knowledge and resources to deliver the objective outlined in the PSEP’s operational plan.
2) A pre-requisite for membership of this group is the organisation’s formal written commitment to the key principles of the PSEP.
6) Members from participating organisation should be employed in a role that is associated with the area of work of the group and/or have an appropriate level of relevant expertise and able to contribute to the strategic discussions of the group.
3) Membership will be for a minimum period of 12 months and members or their nominated deputies will be expected to attend a minimum of two meetings per year.
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Communications & Marketing Thematic Group - Terms of Reference
Objectives:
The objectives of the Communications & Marketing Thematic Group are:
Ø To raise the image of public sector employment as the first choice career opportunity for all potential recruits but particularly amongst young people.
Ø Working with other relevant agencies to mount public sector specific recruitment fairs, careers events, and other information and employment providing opportunities.
Membership:
1) The membership of this Operational Group will be such that is ensures that a balance is achieved between the diversity of participation, size of different sector interests and ensuring the availability of knowledge and resources to deliver the objective outlined in the PSEP’s operational plan.
2) A pre-requisite for membership of this group is the organisation’s formal written commitment to the key principles of the PSEP.
7) Members from participating organisation should be employed in a role that is associated with the area of work of the group and/or have an appropriate level of relevant expertise and able to contribute to the strategic discussions of the group.
3) Membership will be for a minimum period of 12 months and members or their nominated deputies will be expected to attend a minimum of two meetings per year.
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Health & Wellbeing of the Workforce Thematic Group - Terms of Reference
Objectives:
The objectives of the Health & Wellbeing of the Workforce Thematic Group are:
Ø To raise the level of awareness of employers of the importance of the health and wellbeing of the public sector workforce in ensuring the effective, efficient and high quality of delivery to service users.
Ø To facilitate joint approaches to the development and implementation of systems, processes and procedures aimed at creating the appropriate conditions in the workplace to protect and improve health and wellbeing of employees.
Ø To raise the awareness of employees of the importance of their active participation in initiative and measures in the workplace aimed at ensuring their general health and wellbeing.
Membership:
4) The membership of this Operational Group will be such that is ensures that a balance is achieved between the diversity of participation, size of different sector interests and ensuring the availability of knowledge and resources to deliver the objective outlined in the PSEP’s operational plan.
5) A pre-requisite for membership of this group is the organisation’s formal written commitment to the key principles of the PSEP.
8) Members from participating organisation should be employed in a role that is associated with the area of work of the group and/or have an appropriate level of relevant expertise and able to contribute to the strategic discussions of the group.
6) Membership will be for a minimum period of 12 months and members or their nominated deputies will be expected to attend a minimum of two meetings per year.
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Appendix 1
Conditions of Membership
1) Membership will be restricted to recognised public service sector employers and to private sector employers who have been formally commissioned by a recognised public service organisation to provide/deliver services on its behalf.
2) Having signed the Skills Pledge is an essential pre-cursor to membership.
3) Commitment to the core principles of the partnership as set out in the membership charter.
4) Commitment to support the achievement of the partnerships’ mission and vision.
5) Commitment to active support for the partnership by participation in the work of its various thematic working groups.
6) Commitment to ensure continued compliance with the partnerships’ conditions of membership.
7) Endorsement of the organisations’ commitment to membership by a formal statement signed by the leading representative of the non-executive management board (public sector organisations) or the Chairman of the board of directors (private sector companies providing commissioned services).
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Appendix 2
Formal Statement of Members Commitment
The following statement must be produced on the organisations’ own official letterhead, duly signed off by both leading representative of the non-executive management board (public sector organisations) or the Chairman of the board of directors (private sector companies providing commissioned services) and the Chief Executive of the organisation and forwarded to the GSEP Partnership Executive, Conway House, 33-35 Worcester Street, Gloucester, GL1 3AJ.
To the Executive Group of the Gloucestershire Public Services Employment Partnership
Formal Statement of Members’ Commitment
In applying for membership of the Partnership …..Organisation Name ……. confirms its commitment to:
• Work in partnership with other member organisations to effectively develop and share good practice that can be integrated into the practices of partner organisations; • Adhere to the core principles of the partnership as set out in the membership charter; • Work towards the achievement of the mission and vision of the partnership as expressed in the membership charter; • Actively support the partnership by participating in the work of its various thematic working groups; • Ensure continued compliance with the partnerships’ stated conditions of membership.
This undertaking of commitment will remain in force until ….. Organisation Name…. formally rescinds its membership.
Signed: …………………………………….. Name: ……………………….
Designation: ………………………………. Date: ………………………..
Signed …………………………………….. Name ……………………….
Designation: ……………………………… Date …………………………
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This page is intentionally left blank Page 309 Agenda Item 16
Gloucester City Council
COMMITTEE : CABINET DATE : 09 JULY 2008 SUBJECT : LICENSING ACT 2003 TASK AND FINISH GROUP REPORT DECISION TYPE : INFORMATION WARD : ALL REPORT BY : COUNCILLOR JONATHAN WHITTAKER CHAIR OF LICENSING TASK AND FINISH GROUP NO. OF APPENDICES : 1. REPORT OF THE LICENSING TASK AND FINISH GROUP List of Appendices attached to the above report: Appendix A – Introduction to the Licensing Act 2003 Appendix B – Timetable and work plan of Licensing Act 2003 Task and Finish Group Appendix C – Sample Application Forms for Premises Licence and Personal Licence Appendix D – Emails regarding Criminal Convictions for Personal Licence Holders (currently not available) Appendix E1–E5 – Final Report from DCMS on Review of the Licensing Act 2003 Appendix F1 – Graphs and tables of noise complaints pre and post Licensing Act 2003 Appendix F2 – Graph of Police incidents in Eastgate Street area pre and post Licensing Act 2003 Appendix G - Licensing Act 2003 Task and Finish Group Action Plan REFERENCE NO. : ES20808
1.0 PURPOSE OF REPORT
1.1 To present to members the outcome of the work carried out by the Licensing Task and Finish Group established to review the effect of the Licensing Act 2003.
1.2 To seek Cabinet’s support of the recommendations of the Licensing Task and Finish Group.
ES20808 1 Page 310
2.0 RECOMMENDATIONS
2.1 To note the work carried out by the Licensing Task and Finish Group.
2.2 That Cabinet consider and approve the recommendations as set out in the body of the Task and Finish Group’s report and listed under paragraph 5.0 “Future Work”.
3.0 BACKGROUND
3.1 The scrutiny study had been identified as an area of work on the Scrutiny of the Built Environment work programme further to the implementation of the Licensing Act 2003. The Task and Finish Group has comprised:
Councillor Whittaker (Chair) Councillor Ravenhill Councillor Smith
The group has been assisted by its Lead Officer Gill Ragon, Environmental Health Manager (Commercial) and supported by Beverly Barber, Senior Democratic Services Officer.
At its first meeting the Terms of Reference for the Task and Finish Group were agreed as follows:
(i) Agreed to examine whether the introduction of the Licensing Act 2003 in Gloucester City had achieved the 4 statutory objectives of:
The prevention of crime and disorder. Public Safety. The protection of children from harm. The prevention of public nuisance.
(ii) Examine whether the fees which are set by central government are sufficient to cover the cost of the authority’s current enforcement and administrative activity.
4.0 PROGRESS
4.1 The Licensing Act Task and Finish Group has undertaken a number of meetings since its first meeting on 12 December 2007. Its activities included:
• Visit to the Licensing Team in Environmental Health to review and understand the Licensing process. • Fact finding meeting with representatives of external organisations such as the Police, CDRP, HPA, and Pollution Control Officer to discuss/determine the impact (if any) of the Licensing Act 2003 since its implementation in November 2005. • Meeting with the Licensing and Enforcement Committee members to determine the impact of the Licensing Act on elected members and how they view the role of the elected member in Licensing and Enforcement and Licensing Sub- Committees.
ES20808 2 Page 311
4.2 In addition to this the members of the group reviewed the DCMS scrutiny study report on the implementation of the Licensing Act 2003.
4.3 The Licensing Act Task and Finish Group found that we are performing well in the following areas:
• Efficiency: Licences are issued in accordance with the statutory timescales. Gloucester City Council was one of the few authorities that managed to issue the majority of the licences applied for during the transition period by 25 November 2005. • Financial: The service manages its budgets well and runs on a break-even basis. • Partnership working: Licensing Officers and Members of the Licensing and Enforcement Committee work closely with other agencies to promote the Licensing objectives in particular Trading Standards Officers, Environmental Health Pollution Control Officers and the Police. • Partnership working: Licensing Officers work well with the trade in particular through the Licensed Victuallers Association. • The Community: Local residents are generally better informed about Licensed activities in the City than they were prior to the Licensing Act 2003 however access to information could be better (see below).
5.0 FUTURE WORK NOTE: Items below marked are national issues whilst those marked • are local issues
5.1 Budget for Licensing: q A review of the provisions for recovery of annual fees where they have not been paid should be undertaken. Licensing Authority should be able to pursue individuals and organisations for non-payment of annual fees. • Procedures should be put in place for tracking the income lost from non- payment of annual fees for premises licences. Although the Licensing Act 2003 makes no provision for Licensing Authorities to claim this money back all steps should be taken to collect fees if possible.
5.2 Prevention of Crime and Disorder: • That a Task and Finish Group be set up to examine the night time economy transport system with special concentration on reappraisal of dispersal after clubs in the city close. • Review with the Police the training that Door Supervisors are given to ensure that it is adequate. q Lobby Government for better powers to review Personal Licences. q Lobby Government to set up a central database of Personal Licence Holders. q Lobby Government to review the amount of paperwork for the Police created by the Licensing Act 2003. • Reduce the number of incidents in the Eastgate Street area with an aim to improve things to a level that the Special Policy in respect of this area can be removed.
ES20808 3 Page 312
5.3 Protection of Children from harm: q Lobby Government to review Responsible Authorities under the Licensing Act 2003 • Currently underage drinking is a problem in the City and the legal standards do not appear to be combating this. In future the Police will be seeking the City Council’s support to take a hard line and adopt the following: o No ID no sale o Offence not to ask for ID
5.4 Prevention of Public Nuisance: • Included in other sections – no additional issues.
5.5 Public Safety: q Lobby Government to review Responsible Authorities under the Licensing Act 2003.
5.6 All of the above: • That Eastgate Street should be considered for inclusion in future regeneration projects in the City. • Strengthen links with Planners, the Police Architectural Liaison Officer and the Urban Design Officer to optimise on their roles and valuable contributions to promoting the 4 licensing objectives as set out under the Licensing Act 2003. q Lobby Government to review the provisions of the Licensing Act 2003 in respect of how applicants are required to publicise their applications. Suggestion that applicants should notify residents and businesses within the vicinity of their applications by letter or flyer. Advertisements in local papers and in premises window or on their boundaries often get missed. • Fully explore and determine if existing groups, such as the Evening and Night- time Economy Group, can be used to promote the licensing objectives in the City or if a Licensing Forum should be established. • That the induction training provided for Elected Members includes Licensing and an overview of Environmental Health. A stall at a ‘freshers fair’ type set-up would be welcomed.
5.7 Where do we go from here? An action plan has been drawn up from the recommendations of the Task and Finish Group and is attached as Appendix G.
6.0 CONCLUSIONS
6.1 The Licensing Act 2003 has brought with it a huge increase in the work of the Environmental Health Licensing Team as well as increasing the diversity of its working remit. The team have successfully introduced the Act in Gloucester and developed strong links with the Police, Noise Control Officers and Trading Standards Officers. The Act has achieved its objectives in some areas whilst there are others that remain the same but in no way has the Task and Finish Group found the Act to be failing. Now just two years after the introduction of the Act it is possible to identify where links can be improved with other agencies and where the legislation and local policies and procedures can be strengthened to help promote a safe and thriving evening economy.
ES20808 4 Page 313
7.0 FINANCIAL IMPLICATIONS
7.1 The majority of the recommendations within the report have no direct budgetary implications as they relate to changes in methods or policies that will be dealt with by using existing resources.
7.2 The recommendation to improve the tracking and collection of non-payment of fees has the potential to increase income.
7.3 Name of the Officer: Steve Phelps
8.0 LEGAL IMPLICATIONS
8.1 The legal implications have been adequately dealt with in the report.
8.2 Name of the Officer: S J L Thomas
9.0 RISK MANAGEMENT IMPLICATIONS
9.1 High risk if the Licensing Act is not implemented in accordance with the legislation, this is mitigated with good procedures and controls, good staff / police relationships and by implementing the recommendations of this report.
9.2 Also a high risk if there is not a good working relationship with the police and businesses and other agencies. This is mitigated by ensuring these working relationships are considered a priority and by regular communication with all related organisations.
9.3 Another high risk is insufficient suitably qualified staff, mitigated by ensuring the team is kept fully staffed with experienced officers and with partnership working with licensing teams with the other district councils in the County .
10.0 PREDICTIVE IMPACT ASSESSMENTS (EQUALITIES)
Some risks were identified for certain groups of people who may not be accommodated by the Licensing regime. However, these issues cannot be considered as part of the licensing decision which is determined by the four licensing objectives.
11.0 OTHER CORPORATE IMPLICATIONS
1. Community Safety
As contained in the body of the report.
2. Environmental
As contained in the body of the report.
ES20808 5 Page 314
3. Staffing
None
4. Trade Union
No comments
Background Papers :
Published Papers :
Person to Contact : Gillian Ragon Environmental Health Manager (Commercial) Tel: 396321 E-mail: [email protected]
ES20808 6 Page 315 ES20808 APPENDIX 1
REPORT OF THE LICENSING TASK AND FINISH GROUP
Introduction
This Scrutiny Study had been identified as an area of work on the Scrutiny Built Environment Work Programme further to the implementation of the Licensing Act 2003.
The Task and Finish Group has comprised:
Councillor Whittaker (Chair) Councillor Ravenhill Councillor Smith
The group has been assisted by its Lead Officer, Gill Ragon, and supported by Beverly Barber, Senior Democratic Services Officer.
Prior to the first meeting the Environmental Health Manager circulated a briefing note to members of the group as an introduction to the Licensing Act 2003. This document is attached as Appendix A.
At the first meeting the terms of reference for the Task and Finish Group were agreed as follows:
1. Agreed to examine whether the introduction of the Licensing Act 2003 in Gloucester City had achieved the 4 statutory objectives of:
The prevention of crime and disorder Public Safety The protection of children from harm The prevention of public nuisance
2. Examine whether the fees which are set by central government are sufficient for the authorities current enforcement activity.
The group agreed a timetable and action plan. Copies of the timetable and action plan are attached as Appendix B.
The task and finish group would like to acknowledge the input from the following people who assisted with the review: Philip Lane, Assistant Director Housing and Health Tony Moseley, Licensing and Enforcement Manager The Environmental Health Licensing Team Gloucestershire Constabulary, PC Guy Hall Gloucester City, City Safe Officer, PC Mark Wood Denise Powell, Pollution Control E H O Gloucestershire PCT Colin Hassall, Head of DAAT
Approach
The Licensing Act Task and Finish Group has undertaken a number of meetings since it’s first meeting on 12 December 2007. Its activities included:
Page 316
• Visit to the Licensing Team in Environmental Health to review and understand the Licensing process. • Fact finding meeting with representatives of external organisations such as the Police, CDRP, HPA, and Pollution Control Officer to discuss/determine the impact (if any) of the Licensing Act 2003 since it’s implementation in November 2005. • Meeting with the Licensing and Enforcement Committee members to determine the impact of the Licensing Act on elected members and how they view the role of the elected member in Licensing and Enforcement and Licensing Sub-Committees.
Background
During a visit to the Environmental Health Department members of the task and finish group were introduced to the licensing process. They were taken through how applications must be made and how they are then dealt with for the following:
Personal Licences Premises Licences including new applications, variations and transfers Temporary Event Notices
Members were shown the application forms and the factsheets that are given to applicants. These are attached as Appendix C. All applications must be processed in accordance with the procedure laid down by the Licensing Act 2003 and associated Regulations and Guidance and according to the prescribed timescales. In addition all Licensing Act applications have prescribed fees that have been set by Government. I attach a factsheet detailing the fees currently charged.
At the January meeting members of the Task and Finish Group requested follow up with the Magistrates Court regarding questions about Personal Licensees and convictions. The emails are attached as Appendix D. In addition there was interest in lobbying the Minister for the Department of Culture Media and Sport regarding a Central National Database of Personal Licence Holders.
Regarding Licence fees, Members requested that a review be undertaken to identify the number of premises that failed to pay their annual licence fee since the Licensing Act came into effect.
The DCMS have also been conducting a Scrutiny Study into the Licensing Act 2003. Soon after the Gloucester Task and Finish Group started their review a part of the DCMS Scrutiny Study published a report called Licensing Act 2003: Monitoring and Evaluating Implementation – Scrutiny Council Initiative – Final Report. This was circulated to members of the Task and Finish Group on 22 January 2008. The full report was published on 4 March 2008 and was shared with members of the Task and Finish Group at that stage. The Final Report is attached as Appendix E1 – E5.
At the meeting held in February the primary purpose was to establish whether or not the Licensing Act 2003 was achieving it’s objectives. Each of the objectives was explored in turn and the attendees gave feed back on their experience. The attendees circulated information and statistics regarding noise and crimes in the City. Copies are attached as Appendix F1 and F2. Overall the view was that the situation with regard to noise and crime and disorder had not deteriorated. However there was evidence to suggest that the time that incidents were occurring was later which is consistent with the new later licensing hours. There was however some evidence Page 317
to suggest that there had been an increase in the percentage of complaints from pubs since the introduction of the smokefree legislation in July 2007. The graphs and figures presented by the Pollution Control Officer attached in Appendix F1 and F2 illustrate this.
In March members of the Task and Finish group met with Members of the Licensing and Enforcement Committee and the Cabinet Member for Housing and Health. The Members had been circulated a copy of the notes from the February meeting as background and were asked to comment on them and add their thoughts.
A final closing meeting was held in early April when the recommendations and action plan were agreed.
Findings:
N.B. items marked with a • are local issues and those marked with are national issues
What we do well.
• Licences are issued in accordance with the statutory timescales. Gloucester City Council was one of the few Authorities that managed to issue the majority of the licences applied for during the transition period by 25 November 2005. • The service manages its budgets well and runs on a break-even basis. • Licensing Officers and Members of the Licensing and Enforcement Committee work closely with other agencies to promote the Licensing objectives in particular Trading Standards Officers, Environmental Health Pollution Control Officers and the Police. • Licensing Officers work well with the trade in particular through the Licensed Victuallers Association. • Local residents are generally better informed about Licensed activities in the City than they were prior to the Licensing Act 2003 however access to information could be better (see below)
What we could improve.
The budget for Licensing: q Not all annual fees are collected as it can be difficult to trace people responsible for the fee if they have left the premises and the Act does not make it an offence not to pay.
Prevention of Crime and Disorder: • Eastgate Street is a problem area for crime and disorder in Gloucester. A ‘Special Policy’ in respect of this area under the Licensing Act 2003 has been established to prevent further saturation of the area with Licensed Premises. There should be an aim to address the problems in this area so that the ‘Special Policy’ can be removed. • Dispersal of people from the City Centre late at night is a major issue and improvements could significantly reduce the number of crimes that occur at these times. All types of transport need to be considered as well as routes to get to pick up points. q Door Supervisors play an important part in controlling the behaviour of visitors to premises whilst they are queuing to enter, whilst they are on Page 318
the premises and whilst they are leaving. It may be possible to make better use of Door Supervisors if they are appropriately trained. q The Licensing Act has generated a huge amount of additional paper work for the Police.
Protection of Children from harm: • Currently underage drinking is a problem in the City and the legal standards do not appear to be combating this. In future the Police will be seeking the City Councils support to take a hard line and adopt the following: o No ID no sale; o It is an offence for vendor not to ask for ID when selling alcohol.
Prevention of Public Nuisance: • Included in other sections – no additional issues
Public Safety: q Once an individual has obtained a personal licence the licensing authority has limited powers to review the licence. The system relies heavily on individuals informing the Licensing Authority that they have been convicted for a crime.
All 4 objectives: • We would benefit from better engagement with other agencies for example the Health Protection Agency, The Hospitals Trust, The Crime and Disorder Reduction Partnership, and Planners. • Local residents often do not see advertisements regarding applications for Licences and so miss the opportunity to make representations. Additional approaches to informing local residents should be explored that do not compromise the requirement on the Local Licensing Authority not to solicit representations. • Better links with Planning at the design stage for licensed premises to ensure that transport and dispersal issues are addressed at an early stage. • Although the Licensing Officers and Police regularly attend meetings of other groups e.g. The Licensed Victuallers Association, Evening Economy Group, Crime and Disorder Reduction Partnership, Anti-social Behaviour Steering Group etc. there is no specific Licensing Forum. • There is currently no training for Elected Members other than members of the Licensing and Enforcement Committee in their annual induction training.
Recommendations
Budget for Licensing: q A review of the provisions for recovery of annual fees where they have not been paid should be undertaken. Licensing Authority should be able to pursue individuals and organisations for non-payment of annual fees. • Procedures should be put in place for tracking the income lost from non- payment of annual fees for premises licences. Although the Licensing Act 2003 makes no provision for Licensing Authorities to claim this money back all steps should be taken to collect fees if possible.
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Prevention of Crime and Disorder: • That a Task and Finish group be set up to examine the night time economy transport system with especial concentration on reappraisal of dispersal after clubs in the city close. • Review with the Police the training that Door Supervisors are given to ensure that it is adequate. q Lobby Government for better powers to review Personal Licences. q Lobby Government to set up a central database of Personal Licence Holders. q Lobby Government to review the amount of paperwork for the Police created by the Licensing Act 2003. • Reduce the number of incidents in the Eastgate Street area with an aim to improve things to a level that the Special Policy in respect of this area can be removed.
Protection of Children from harm:
q Lobby Government to review Responsible Authorities under the Licensing Act 2003 • Currently underage drinking is a problem in the City and the legal standards do not appear to be combating this. In future the Police will be seeking the City Councils support to take a hard line and adopt the following: o No ID no sale o Offence not to ask for ID
Prevention of Public Nuisance :
• Included in other sections – no additional issues
Public Safety :
q Lobby Government to review Responsible Authorities under the Licensing Act 2003
All of the above:
• That Eastgate Street should be considered for inclusion in future regeneration projects in the City. • Strengthen links with Planners, the Police Architectural Liaison Officer and the Urban Design Officer to optimise on their roles and valuable contributions to promoting the 4 licensing objectives as set out under the Licensing Act 2003. q Lobby Government to review the provisions of the Licensing Act 2003 in respect of how applicants are required to publicise their applications. Suggestion that applicants should notify residents and businesses within the vicinity of their applications by letter or flyer. Advertisements in local papers and in premises window or on their boundaries often get missed. • Fully explore and determine if existing groups, such as the Evening and Night-time Economy Group, can be used to promote the licensing objectives in the City or if a Licensing Forum should be established. Page 320
• That the induction training provided for Elected Members includes Licensing and an overview of Environmental Health. A stall at a ‘freshers fair’ type set-up would be welcomed.
Conclusions The Licensing Act 2003 has brought with it a huge increase in the work of the Environmental Health Licensing Team as well as increasing the diversity of its working remit. The team have successfully introduced the Act in Gloucester and developed strong links with The Police, Noise Control Officers and Trading Standards. The Act has achieved its objectives in some areas whilst there are others that remain the same but in no way was the Act failing. Now, just over two years after the introduction of the Act it is possible to identify where links can be improved with other agencies and where the Legislation and local policies and procedures can be strengthened to help promote a safe and thriving Evening Economy. Page 321 ES20808 Appendix A LICENSING ACT 2003 INTRODUCTION FOR A SCRUTINY STUDY
Under the Licensing Act 2003 the Local Authority is responsible for licensing of the following activities:
• retail sale of alcohol (including via the internet or mail order); • the wholesale of alcohol to members of the public; • the supply of alcohol to members of registered clubs; • the provision of regulated entertainment; • the supply of hot food or hot drink between 11.00pm and 5.00am ('late night refreshments').
The overall aim of the Licensing Act 2003 is to modernise the legislation governing the sale and supply of alcohol and public entertainment.
The Act identifies 4 licensing Objectives:
• The prevention of crime and disorder • Public Safety • The protection of children from harm • The prevention of public nuisance.
The licensable activities are listed above. Regulated entertainment is further defined as:
• A performance of a play • An exhibition of a film • An indoor sporting event • A boxing or wrestling entertainment (indoors or outdoors) • A performance of live music (except incidental) • A performance of a dance. • Entertainment of similar description to that falling within the performance of live music, any playing of recorded music and the performance of dance.
A key requirement of the Licensing Act 2003 is that all local authorities must produce and review a Licensing Policy that sets out the policies that the Council will generally apply to promote the licensing objectives when making decisions under the Act.
The Act introduced 4 types of licence
• Personal Licence – a portable licence granted to an individual enabling him/her to sell alcohol at premises licensed for the sale of alcohol. The licence’s duration is ten years • Premises Licence – a licence granted in relation to a specific premises and will specify the nature of the licensable activity and any applicable conditions. Page 322 LICENSING ACT 2003 INTRODUCTION FOR A SCRUTINY STUDY
• Club Premises Certificate – A licence granting ‘qualifying club’ status to specific premises, according to a number of qualifying conditions, including the provision that there are at least 25 members and that alcohol is only supplied by or on behalf of the club. • Temporary Event Notices – this notice permits the carrying –out of specified licensable activities for a restricted time period (maximum 96 hours).
The ongoing work arising out of the Licensing Act involves the following:
• Processing of new premises and personal licences, new club premises certificates, • Processing of variations to these licences and certificates including changes of names changes to licensable activities, changes to hours or operation, • Investigation of complaints in respect of licensed premises. • Enforcement of licence conditions. • TEN’s
Figures regarding the dimensions of this service in terms of the number of licences currently valid and the level of activity in a 12 month period will be provided at the first meeting
Gill Ragon Environmental Health Manager Tel: 01452 396321 Email: [email protected]
Page 323 ES20808 Appendix B
LICENSING REVIEW TASK AND FINISH GROUP
TIME-TABLE AND WORK PLAN
DATE AND TIME TASK/MEETING WHOM VENUE 12 December Introductory Meeting Councillors Smith, North 2007 6.30pm to scope study Ravenhill and Warehouse Whittaker, Philip Lane, Gill Ragon and Beverly Barber 9 January 2008 Visit to EH Councillors Smith, Environmental 4.15pm Department to find Ravenhill and Health Offices out how licensing act Whittaker, Philip 3rd Floor licences are Lane, Gill Ragon, Herbert processed and to Tony Moseley, Warehouse review licensing Claire Mason, budget Rebecca Tuck and Richard Barnett. 12 February Meeting with Crime Councillors Smith, North 2008 16:15 – and Disorder Ravenhill and Warehouse 18:30 Reduction Whittaker, Philip Partnership, Police Lane, Gill Ragon, and other interested Tony Moseley, parties to examine CDRP reps, Police the impact of the reps, Pollution Licensing Act and if control rep and it is meeting the Beverly Barber licensing objectives. 18 March 2008 Meeting with the Councillors Smith, North 6.30pm Licensing and Ravenhill and Warehouse Enforcement Whittaker, Philip Committee to seek Lane, Gill Ragon, their views on how members of the the impact of the Licensing and Licensing act and Enforcement the make up of the Committee Committee. 8 April 2008 Final meeting of T&F Councillors Smith, North 16:15 – 18:30 group to summarise Ravenhill and Warehouse findings and agree Whittaker, Philip draft report. Lane, Gill Ragon and Beverly Barber
Revision 1 - 21 January 2008 Page 324
This page is intentionally left blank Page 325 ES20808 Gloucester City Council Appendix C
For Official use only. Ref:
APPLICATION FOR A PREMISES LICENCE TO BE GRANTED UNDER THE LICENSING ACT 2003
PLEASE READ THE FOLLOWING INSTRUCTIONS FIRST
Before completing this form please read the guidance notes at the end of the form. If you are completing this form by hand please write legibly in block capitals. In all cases ensure that your answers are inside the boxes and written in black ink. Use additional sheets if necessary. You may wish to keep a copy of the completed form for your records.
I/We ...... [Insert name(s) of applicant(s)] apply for a premises licence under section 17 of the Licensing Act 2003 for the premises described in Part 1 below (the premises) and I/we are making this application to you as the relevant licensing authority in accordance with section 12 of the Licensing Act 2003
Part 1 – Premises details Postal address of premises or, if none, ordnance survey map reference or description
Post town Post code
Telephone number of premises (if any) £ Non-domestic rateable value of premises
Part 2 - Applicant details
Please state whether you are applying for a premises licence as
Please tick üüü a) An individual or individuals* Please complete section (A) ¨ b) A person other than an individual i) as a limited company ¨ Please complete section (B) ii) as a partnership ¨ Please complete section (B) iii) as an unincorporated association or ¨ Please complete section (B) iv) other (for example a statutory corporation) ¨ Please complete section (B)
ENVIRONMENTAL HEALTH
Gloucester City Council Tel 01452 396396 Fax 01452 396340 Herbert Warehouse Email [email protected] The Docks Minicom 01452 396161 Gloucester GL1 2EQ www.gloucester.gov.uk
Application for NEW Premises Licence
Page 326
c) A recognised club Please complete section (B) ¨ d) A charity Please complete section (B) ¨ e) The proprietor of an educational Please complete section (B) establishment ¨ f) A heath service body Please complete section (B) ¨ g) A person who is registered under Part 2 of the Care Standards Act 2000 (c14) in respect of an independent hospital ¨ Please complete section (B) h) The chief officer of a police force in England Please complete section (B) and Wales ¨
*If you are applying as a person described in (a) or (b) please confirm: Please tick ü yes • I am carrying on or proposing to carry on a business which involves the use of the premises for licensable activities; or ¨ • I am making the application pursuant to a o statutory function or ¨ o a function discharged by virtue of Her Majesty’s prerogative ¨
(A) INDIVIDUAL APPLICANTS (fill in as applicable) Mr ¨ Mrs ¨ Miss ¨ Ms ¨ Other title ¨ (for example, Rev) Surname First names
Please tick yes I am 18 years old or over ¨
Current postal address if different from premises address
Post town Post code
Daytime contact telephone number: Email address (optional)-
Application for NEW Premises Licence 2 Page 327
SECOND INDIVIDUAL APPLICANT (if applicable) Mr ¨ Mrs ¨ Miss ¨ Ms ¨ Other title ¨ (for example, Rev) Surname First names
Please tick yes I am 18 years old or over ¨¨¨
Current postal address if different from premises address
Post town Post code
Daytime contact telephone number: Email address (optional)-
(B) OTHER APPLICANTS
Please provide name and registered address of applicant in full. Where appropriate please give any registered number. In case of a partnership or other joint nature (other than a body corporate), please give the name and address of each party concerned.
Name
Address
Registered number (where applicable)
Description of applicant (for example, partnership, company, unincorporated association etc.)
Telephone number (if any)
E-mail address (optional)
Application for NEW Premises Licence 3 Page 328
Part 3 - Operating Schedule Day Month Year When do you want the premises licence to start?
Day Month Year If you wish the licence to be valid only for a limited Period, when do you want it to end?
If 5,000 or more people attend the premises at any one time, please state the number
General description of premises (please read guidance note 1)
Application for NEW Premises Licence 4 Page 329
What licensable activities do you intend to carry on from the premises? (Please see sections 1 and 14 of the Licensing Act 2003 and Schedule 1 and 2 to the Licensing Act 2003)
Please tick Y Yes Provision of regulated entertainment a) Plays (if ticking yes, fill in Box A) ooo b) Films (if ticking yes, fill in Box B) ooo c) Indoor sporting events (if ticking yes, fill in Box C) ooo d) Boxing or wrestling entertainment (if ticking yes, fill in Box D) ooo e) Live music (if ticking yes, fill in Box E) ooo f) Recorded music (if ticking yes, fill in Box F) ooo g) Performances of dance (if ticking yes, fill in Box G) ooo h) Anything of a similar nature to that falling within (e), (f) or (g) (if ticking yes, fill in Box H) ooo
Provision of entertainment facilities i) Making music (if ticking yes, fill in Box I) ooo j) Dancing (if ticking yes, fill in Box J) ooo k) Entertainment of a similar description to that falling within (i) or (j) (if ticking yes, fill in Box K) ooo
Provision of late night refreshment (if ticking yes, fill in Box L) ooo Sale by retail of alcohol (if ticking yes, fill in Box M) ooo IN ALL CASES COMPLETE BOXES N, O AND P
Application for NEW Premises Licence 5 Page 330
A Plays Will the performance of a play take place Indoors Standard days and timings indoors or outdoors or both - please tick [Y] (please read guidance note 6) if yes opposite. Outdoors Day Start Finish Both (please read guidance note 2) Mon Please give further details here (please read guidance note 3)
Tues
Wed State any seasonal variations for performing plays (please read guidance note 4
Thurs
Fri Non standard timings. Where you intend to use the premises for the performance of plays at different times to those listed in the
column on the left, please list (please read guidance note 5). Sat
Sun
B Films Will the exhibition of films take place indoors Indoors Standard days and timings or outdoors or both - please tick [Y] if yes (please read guidance note 6) opposite. Outdoors Day Start Finish Both (please read guidance note 2) Mon Please give further details here (please read guidance note 3)
Tues
Wed State any seasonal variations for the exhibition of films (please read guidance note 4)
Thurs
Fri Non standard timings. Where you intend to use the premises for the exhibition of films at different times to those listed in the
column on the left, please list (please read guidance note 5). Sat
Sun
Application for NEW Premises Licence 6 Page 331
C Indoor sporting events Please give further details here (please read guidance note 3) Standard days and timings (please read guidance note 6)
Day Start Finish
Mon
Tues
Wed State any seasonal variations for indoor sporting events ( please read guidance note 4)
Thurs
Fri Non standard timings. Where you intend to use the premises for indoor sporting events at different times to those listed in the column on the left, please list (please read guidance note 5. Sat
Sun
D Boxing or wrestling Will the boxing or wrestling entertainment Indoors entertainment take place indoors or outdoors or both - Standard days and timings please tick [ Y] if yes opposite. Outdoors (please read guidance note 6) Day Start Finish (please read guidance note2) Both
Mon Please give further details here (please read guidance note3)
Tues
Wed State any seasonal variations for boxing or wrestling entertainment (please read guidance note 4)
Thurs
Fri Non standard timings. Where you intend to use the premises for boxing or wrestling entertainment at different times to those listed in the column on the left, please list (please read guidance Sat note 5).
Sun
Application for NEW Premises Licence 7 Page 332
E Live music Will the performance of live music take place Indoors Standard days and timings indoors or outdoors or both - please tick [ Y] if (please read guidance note 6) yes opposite. Outdoors
Day Start Finish (please read guidance note 2) Both Mon Please give further details here (please read guidance note 3)
Tues
Wed State any seasonal variations for the performance of live music (please read guidance note 4)
Thurs
Fri Non standard timings. Where you intend to use the premises for the performance of live music at different times to those listed in the column on the left, please list (please read guidance note 5). Sat
Sun
F Recorded music Will the playing of recorded music take place Indoors Standard days and timings indoors or outdoors or both - please tick [ Y] if (please read guidance note 6) yes opposite. Outdoors
Day Start Finish (please read guidance note 2) Both Mon Please give further details here (please read guidance note 3)
Tues
Wed State any seasonal variations for playing recorded music (please read guidance note 4)
Thurs
Fri Non standard timings. Where you intend to use the premises for the playing of recorded music at different times to those listed in the column on the left, please list (please read guidance note 5). Sat
Sun
Application for NEW Premises Licence 8 Page 333
G Performance of dance Will the performance of dance take place Indoors Standard days and timings indoors or outdoors or both - please tick [ Y] if (please read guidance note 6) yes opposite. Outdoors
Day Start Finish (please read guidance note 2) Both Mon Please give further details here (please read guidance note 3)
Tues
Wed State any seasonal variations for the performance of dance (please read guidance note 4)
Thurs
Fri Non standard timings. Where you intend to use the premises for the performance of dance entertainment at different times to those listed in the column on the left, please list (please read Sat guidance note 5).
Sun
H Anything of a similar Please give a description of the type of entertainment you will be description to that falling within providing (e), (f) or (g) Standard days and timings (please read guidance note 6) Will this entertainment take place indoors or Indoors outdoors or both - please tick [ Y] if yes opposite. Outdoors
Day Start Finish (please read guidance note 2) Both Mon Please give further details here (please read guidance note 3)
Tues
Wed State any seasonal variations for entertainment of a similar description to that falling within (e), (f) or (g) (please read guidance note 4) Thurs
Fri Non standard timings. Where you intend to use the premises for the exhibition of films at different times to those listed in the column on the left, please list (please read guidance note 5). Sat
Sun
Application for NEW Premises Licence 9 Page 334
I Provision of facilities for Please give a description of the facilities for making music you making music will be providing Standard days and timings (please read guidance note 6)
Will the facilities for making music be indoors Indoors or outdoors or both - please tick [ Y] if yes opposite. Outdoors (please read guidance note 2) Day Start Finish Both Mon Please give further details here (please read guidance note 3)
Tues
Wed State any seasonal variations for the provision of facilities for making music (please read guidance note 4)
Thurs
Fri Non standard timings. Where you intend to use the premises for the provision of facilities for making music at different times to those listed in the column on the left, please list (please read Sat guidance note 5).
Sun
J Provision of facilities for Will the facilities for dancing be indoors or Indoors dancing outdoors or both - please tick [ Y] if yes Standard days and timings opposite. Outdoors (please read guidance note 6) Day Start Finish (please read guidance note 2) Both
Mon Please give further details here (please read guidance note 3)
Tues
Wed State any seasonal variations for providing dancing facilities (please read guidance note 4)
Thurs
Fri Non standard timings. Where you intend to use the premises for the provision of facilities for dancing entertainment at different times to those listed in the column on the left, please list (please Sat read guidance note 5).
Sun
Application for NEW Premises Licence 10 Page 335
K Provision of facilities for Please give a description of the type of entertainment facility that entertainment of a similar you will be providing description to that falling within (I) or (J) Standard days and timings Will the entertainment facility be indoors or Indoors (please read guidance note 6) outdoors or both - please tick [ Y] if yes opposite. Outdoors
Day Start Finish (please read guidance note 2) Both Mon Please give further details here (please read guidance note 3)
Tues
Wed State any seasonal variations for the provision of facilities for entertainment of a similar description to that falling within (I) or (J) (please read guidance note 4) Thurs
Fri Non standard timings. Where you intend to use the premises for the provision of facilities for entertainment of a similar description to that falling within (I) or (J) at different times to Sat those listed in the column on the left, please list (please read guidance note 5).
Sun
L Late night refreshment Will the provision of late night refreshment Indoors Standard days and timings take place indoors or outdoors or both - (please read guidance note 6) please tick [ Y] if yes opposite. Outdoors
Day Start Finish (please read guidance note 2) Both Mon Please give further details here (please read guidance note 3)
Tues
Wed State any seasonal variations for the provision of late night refreshment (please read guidance note 4)
Thurs
Fri Non standard timings. Where you intend to use the premises for the provision of late night refreshment at different times to those listed in the column on the left, please list (please read guidance Sat note 5).
Sun
Application for NEW Premises Licence 11 Page 336
M Supply of alcohol Will the supply of alcohol be for consumption: On the Standard days and timings please tick [ Y] if yes opposite. premises (please read guidance note 6) Off the (please read guidance note 7) premises Day Start Finish Both
Mon State any seasonal variations for the supply of alcohol (please read guidance note 4)
Tues
Wed
Thurs
Fri Non standard timings. Where you intend to use the premises for the supply of alcohol at different times to those listed in the column on the left, please list (please read guidance note 5). Sat
Sun
State the name and details of the individual whom you wish to specify on the licence as premises supervisor
Name: ......
Address: ......
Postcode : ......
Personal Licence number(if known): ......
Issuing licensing authority (if known): ......
N Please highlight any adult entertainment or services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children (please read guidance note 8)
Application for NEW Premises Licence 12 Page 337
O Hours premises are open to the State any seasonal variations (please read guidance note 4) public Standard days and timings (please read guidance note 6) Day Start Finish
Mon
Tues
Wed
Thurs
Fri Non standard timings. Where you intend to use the premises to be open to the public at different times to those listed in the column on the left, please list (please read guidance note 5) Sat
Sun
P Describe the steps you intend to take to promote the four licensing objectives: a) General – all four licensing objectives (b, c, d, e) (please read guidance note 9)
b) The prevention of crime and disorder
Application for NEW Premises Licence 13 Page 338
c) Public safety
d) The prevention of public nuisance
e) The protection of children from harm
Application for NEW Premises Licence 14 Page 339
CHECKLIST:- Please tick üyes • I have made or enclosed payment of the fee ¨ • I have enclosed the plan of the premises ¨ • I have sent copies of this application and the plan to responsible authorities and others where applicable ¨ • I have enclosed the consent form completed by the individual I wish to be premises supervisor, if applicable ¨ • I understand that I must now advertise my application ¨ • I understand that if I do not comply with the above requirements my application will be rejected ¨
IT IS AN OFFENCE, LIABLE ON CONVICTION TO A FINE UP TO LEVEL 5 ON THE STANDARD SCALE, UNDER SECTION 158 OF THE LICENSING ACT 2003, TO MAKE A FALSE STATEMENT IN OR IN CONNECTION WITH THIS APPLICATION
Part 4 – Signatures (please read guidance note 10)
Signature of applicant or applicant’s solicitor or other duly authorised agent. (See guidance note 11) If signing on behalf of the applicant please state in what capacity.
Signature
Date
Capacity
For joint applications signature of 2nd applicant or 2nd applicant’s solicitor or other authorised agent. (Please read guidance note 12). If signing on behalf of the applicant please state in what capacity.
Signature
Date
Capacity
Contact name (where not previously given) and postal address for correspondence associated with this application (please read guidance note 13)
Post town Post code
Telephone number (if any)
If you would prefer us to correspond with you by e-mail please provide your e-mail address (optional)
Application for NEW Premises Licence 15 Page 340
Notes for Guidance
1. Describe the premises. For example the type of premises, its general situation and layout and any other information which could be relevant to the licensing objectives. Where your application includes off-supplies of alcohol and you intend to provide a place for consumption of these off-supplies you must include a description of where the place will be and its proximity to the premises. 2. Where taking place in a building or other structure please tick as appropriate. Indoors may include a tent. 3. For example the type of activity to be authorised, if not already stated, and give relevant further details, for example (but not exclusively) whether or not music will be amplified or unamplified. 4. For example (but not exclusively), where the activity will occur on additional days during the summer months. 5. For example (but not exclusively), where you wish the activity to go on longer on a particular day, e.g. Christmas Eve. 6. Please give timings in 24 hour clock (e.g. 16:00) and only give details for the days of the week when you intend the premises to be used for the activity. 7. If you wish people to be able to consume alcohol on the premises please tick on, if you wish people to be able to purchase alcohol to consume away from the premises please tick off. If you wish people to be able to do both please tick both. 8. Please give information about anything intended to occur at the premises or ancillary to the use of the premises which may give rise to concern in respect of children, regardless of whether you intend children to have access to the premises, for example (but not exclusively) nudity or semi-nudity, films for restricted age groups, the presence of gaming machines. 9. Please list here steps you will take to promote all four licensing objectives together. 10. The application form must be signed. 11. An applicant’s agent (for example solicitor) may sign the form on their behalf provided that they have actual authority to do so. 12. Where there is more than one applicant, both applicants or their respective agents must sign the application form. 13. This is the address which we shall use to correspond with you about this application.
Application for NEW Premises Licence 16 Page 341 Gloucester City Council
For Official use only. Ref:
APPLICATION FOR A PERSONAL LICENCE
Before completing this form please read the guidance notes at the end of the form. If you are completing this form by hand please write legibly in block capitals. In all cases ensure that your answers are inside the boxes and written or typed in black ink. Use additional sheets if necessary. You may wish to keep a copy of the completed form for your records.
1. Your personal details TITLE (delete as appropriate): Mr / Mrs / Miss / Ms / Other (please state) Surname:
Forenames: PREVIOUS NAMES (if relevant). Please enter details of any previous names or maiden names. Please continue on a separate sheet if necessary. TITLE (delete as appropriate): Mr / Mrs / Miss / Ms / Other (please state) Surname:
Forenames:
I am 18 years old or over. Please tick ü Yes No
ADDRESS WHERE ORDINARILY RESIDENT (We will use this address to correspond with you unless you complete the separate correspondence box below).
Post town Post code
TELEPHONE NUMBERS Daytime: Evening: Mobile: FAX NUMBER : EMAIL ADDRESS: (If you would prefer us to correspond with you by e mail)
ENVIRONMENTAL HEALTH
Gloucester City Council Tel 01452 396396 Fax 01452 396340 Herbert Warehouse Email [email protected] The Docks Minicom 01452 396161 Gloucester GL1 2EQ www.gloucester.gov.uk
Application for a NEW Personal Licence
Page 342
ADDRESS FOR CORRESPONDENCE ASSOCIATED WITH THIS APPLICATION (if different to the address above)
Post town Post code
TELEPHONE NUMBERS Daytime: Evening: Mobile: EMAIL ADDRESS: (If you would prefer us to correspond with you by e mail)
2. Your licensing qualifications Read Note 1 Please tick üüü yes Please indicate below which one of these statements applies to you:
1. I hold an accredited licensing qualification
2. I hold a certified qualification
3. I hold an equivalent qualification
4. I am a person of prescribed description If you have ticked either of statements 1, 2 or 3 please provide details of your qualification in the box below (name of qualification, date of issue, issuing body) and please enclose your qualification with your application.
If you have ticked statement 4, please provide evidence that you are a person of prescribed description.
3. Previous or outstanding applications for a personal licence Note: You may only hold one personal licence at a time. Please tick üüü Do you currently hold a personal licence? Yes No
Do you currently have any outstanding applications for a personal licence, with Yes No this or any other licensing authority? Has any personal licence held by you been forfeited in the last 5 years? Yes No
Application for a NEW Personal Licence 2 Page 343
Licensing Authority:
Licence number:
Date of issue:
Date of expiry:
Any further details:
4. Checklist: I have Please tick ü yes • enclosed two photographs of myself, one of which is endorsed as a true likeness of me by a solicitor or notary, a person of standing in the community or any individual with a professional qualification • enclosed any licensing qualification I hold or proof that I am a person of prescribed description • enclosed a criminal conviction certificate or a criminal record certificate or the results of a subject access search of the police national computer by the National Intelligence Service • enclosed a completed disclosure of criminal convictions and declaration form (Schedule 3)
• made or enclosed payment of the fee for the application
5. Declaration The information contained in this form is correct to the best of my knowledge and belief.
It is an offence knowingly or recklessly to make a false statement in or in connection with an application for the grant or renewal of a personal licence. (A person is to be treated as making a false statement if he produces, furnishes, signs or otherwise makes use of a document that contains a false statement). To do so could result in prosecution and a fine not exceeding level 5 on the standard scale [£5000]. SIGNATURE DATE
NOTES Information on the Licensing Act 2003 is available on the website of the Department for Culture, Media and Sport (http://www.culture.gov.uk/alcohol_and_entertainment/default.htm ) or from your local Licensing Authority.
1. Licensing qualifications Licensing qualifications are dealt with in section 120(8) and (9) of the Licensing Act 2003.
Application for a NEW Personal Licence 3 Page 344 Gloucester City Council
Environmental Health Factsheet
Licensing Act 2003 - Fee Structure for Premises Licences and Club Premises Certificates
TABLE 1: Where a premises has a rateable value (NDRV) the following fees shall be applied:
NDRV Band New/Variation Annual Fee £0 - £4,300 A £ 100 £ 70 £4,300 - £33,000 B £ 190 £ 180 £33,001 - £87,000 C £ 315 £ 295 £87,001 - £125,000 D* £ 450 £ 320 £125,001 and above E** £ 635 £ 350
NOTES: Where a premises has no rateable value the fee for band A should be applied, except, where a premises is under construction when the fee for band C should be applied.
Where a premises is part of a larger premises then the rateable value for the whole premises should be used to calculate the fee.
Where a premises comprises 2 or more hereditaments in the local NDRV list the fee shall be calculated using the NDRV for the hereditament with the highest rateable value.
* Premises with a NDRV in band D that are used exclusively or primarily for the supply of alcohol for consumption on the premises the fee shall be two times the amount specified in the table above.
** Premises with a NDRV in band E that are used exclusively or primarily for the supply of alcohol for consumption on the premises the fee shall be three times the amount specified in the table above.
F ENVIRONMENTAL HEALTH
Gloucester City Council Tel 01452 396396 Fax 01452 396340 Herbert Warehouse Email [email protected] The Docks Minicom 01452 396161 Gloucester GL1 2EQ www.gloucester.gov.uk
Page 345
Exemptions: The following premises are exempt from paying fees if their application relates to the provision of regulated entertainment only : • Educational establishments that are part or form part of an Educational Institution (school or college) and the provision of regulated entertainment on the premises is carried on by the educational institution for and on behalf of the purposes of the educational institution. • Premises that form part of a church hall or chapel hall or other similar building or a village hall or community hall or other similar building.
Additional fee for Licensable Activities where the occupancy is ≥≥≥ 5,000 Where the number of people to be allowed on a premises at the same time is 5,000 or more, in addition to the fee specified in table 1 above, a supplementary fee will be charged in accordance with table 2 except where premises is a structure which is not a vehicle, vessel or moveable structure and has been constructed or altered for the purpose of the activity.
TABLE 2: Additional fee for Licensable Activities where the occupancy is ≥≥≥ 5,000
OCCUPANCY ADDITIONAL FEE OCCUPANCY ADDITIONAL FEE 5,000 - 9,999 £1,000 50,000 - 59,999 £32,000 10,000 - 14,999 £2,000 60,000 - 69,999 £40,000 15,000 - 19,999 £4,000 70,000 - 79,999 £48,000 20,000 - 29,999 £8,000 80,000 - 89,999 £56,000 30,000 - 39,999 £16,000 90,000 and over £64,000 40,000 - 49,999 £24,000
TABLE 3: Licensing Act 2003 - Other Fees
APPLICATION OR NOTICE TYPE FEE Loss or theft of premises licence or summary (Section 25) £ 10.50 Application for a provisional statement where premises being built, etc. £315.00 (Section 29) Notification of change of name or address (Section 33) £ 10.50 Application to vary licence to specify individual as premises supervisor £ 23.00 (Section 37) Application for transfer of premises licence (Section 42) £ 23.00 Interim Authority Notice following the death etc. of licence holder £ 23.00 (Section 47) Theft, loss etc. of certificate or summary (Section 79) £ 10.50 Notification of change of name or alteration of rules of club (Section 82) £ 10.50 Change of relevant registered address of club (Section 83 (1) or (2)) £ 10.50 Temporary Event Notice (Section 100) £ 21.00 Theft, loss etc. of temporary event notice (Section 110) £ 10.50 Application for a grant or renewal of personal licence (Section 117) £ 37.00 Theft, loss etc. of personal licence (Section 126) £ 10.50 Duty to notify change of name or address (Section 127) £ 10.50 Right of freeholder etc. to be notified of licensing matters £ 21.00
EHF88 July 2007
Page 346
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EVALUATION OF THE IMPACT OF THE LICENSING ACT 2003
March 2008 Page 348 Department for Culture, Media and Sport 2
Our aim is to improve the quality of life for all through cultural and sporting activities, support the pursuit of excellence, and champion the tourism, creative and leisure industries. Page 349 Department for Culture, Media and Sport 3
CONTENTS
Introduction ……………………………………………………...... 4
Summary of Findings……………………………………………………..… 7
Conclusions and immediate actions………………………………….….. 9
Fact & Figures ……………………………………………………………..... 12
Enforcement and Review Powers ……………………………………….. 14
Licensing Objectives The Prevention of Crime and Disorder …………………………… 17 The Protection of Children from Harm …………………………… 21 The Prevention of Public Nuisance ……………………………….. 26 Public Safety ………………………………………………………….. 28
Other Aims Public health ………………………………………………………… 29 Protection of local residents ……………………………………... 33 Development of culture ………………………………………….… 35 Better and more proportionate regulation …….……………..... 38 Diversity of venues and choice for consumers …….……….… 39
Appendix A The impact of the Licensing Act 2003 on levels of crime and disorder: an evaluation ………………………. see separate link
Appendix B Scrutiny Council Initiative: Progress Report 2007 …………………………………….…… see separate link
Appendix C Licensing Act 2003: Impact on terminal hour by market segment ……………… see separate link Page 350 Department for Culture, Media and Sport 4
EVALUATION OF THE IMPACT OF THE LICENSING ACT 2003
Introduction
The Licensing Act 2003 (“the 2003 Act”) made provision for the regulation of the sale and supply of alcohol, the provision of regulated entertainment and the provision of late night refreshment and for offences relating to alcohol and connected purposes.1
The Act brought together eight separate licensing regimes into one and in so doing transferred the regulation of the sale of alcohol from licensing justices and magistrates’ courts to licensing authorities, which are in virtually all cases the local authorities.
The Government undertook to review the implementation and impact of the 2003 Act after it came fully into force on 24 November 2005. The then Secretary of State wrote in the foreword to her Guidance to Licensing Authorities issued in July 20042:
‘We will monitor the impact of the 2003 Act on crime and disorder and the other licensing objectives. If necessary in the light of these findings, we will introduce further legislation with the consent of Parliament to strengthen or alter any provisions.’
The review comprised a programme of projects that are now complete. This report aims to pull together the overall findings from those projects in relation to the four licensing objectives and wider aims of reform.
The four statutory objectives which must be addressed when licensing functions are undertaken are:
x the prevention of crime and disorder; x public safety; x the prevention of public nuisance; and x the protection of children from harm.
The modernisation of the legislation was also intended to support a number of other key aims and purposes which the Government statutory guidance states should be principle aims for all involved in licensing work:
1 Regulated entertainment includes the performance of plays; the exhibition of films; indoor sporting events; boxing and wrestling entertainments whether indoors or outside; performances of live music; any playing of recorded music; and performances of dance. It also includes providing facilities for making music and for dancing (for example, where facilities are made available to the public for such purposes). Late night refreshment means the provision of hot food or hot drink to the public between the hours of 11pm and 5am. 2 http://www.culture.gov.uk/Reference_library/Publications/archive_2004/guidance_issued_under_sectio n_182_of_the_licensing_act_2003.htm Page 351 Department for Culture, Media and Sport 5
x the necessary protection of local residents, whose lives can be blighted by disturbance and anti-social behaviour associated with the behaviour of some people visiting places of entertainment;
x the introduction of better and more proportionate regulation to give business greater freedom and flexibility to meet customers’ expectations;
x greater choice for consumers, including tourists, about where, when and how they spend their leisure time;
x the encouragement of more family friendly premises where younger children can be free to go with the family;
x the further development within communities of our rich culture of live music, dancing and theatre, both in rural areas and in our towns and cities; and
x the regeneration of areas that need the increased investment and employment opportunities that a thriving and safe night-time economy can bring.
As well as working with stakeholders to look at the implementation of the Act in general, the Government put in place specific projects to focus on key areas of concern that were being raised in the run up to implementation, such as crime and disorder, licence fee levels and the impact on live music. The elements of the evaluation programme were: x Home Office evaluation of the impact on levels of crime and disorder (appendix A) x Scrutiny Councils Initiative summarising the views of ten local authorities on the implementation of the 2003 Act (appendix B) x Review of Secretary of State’s Statutory Guidance to licensing authorities x DCMS Simplification Plan, including better regulation proposals to improve the licensing regime and an assessment of the administration costs to licence holders and applicants. x Independent Fees Panel Report on the licensing fees structure and licence fee levels. x Live Music Forum Report including the impact of the 2003 Act on live music. x Live Music Research into the level of live music before and after the 2003 Act and the experience of small venues. x National Statistics licensing data bulletin which collected data on the number of licences issued, the number of licence reviews and the information relation to 2006/07. x Work undertaken by CGA Strategy Ltd showing changes in actual on licensed closing times (appendix C) Page 352 Department for Culture, Media and Sport 6
This paper reviews the extent to which the aims and objectives of reform have been met by looking at the outcome of the various evaluation projects. Evidence from additional material is included where this provides further insight or illustrates how the new legislation has worked in practice. Page 353 Department for Culture, Media and Sport 7
SUMMARY OF FINDINGS
This first review of the Licensing Act reveals a mixed picture. Its introduction has not led to the widespread problems some feared. Overall, crime and alcohol consumption are down. But alcohol-related violence has increased in the early hours of the morning and some communities have seen a rise in disorder. Our main conclusion is that people are using the freedoms but people are not sufficiently using the considerable powers granted by the Act to tackle problems, and that there is a need to rebalance action towards enforcement and crack down on irresponsible behaviour.
There is clear evidence from a number of evaluation projects and official statistics that the negative forecasts about the impact of the new legislation have not materialised:
x There is no evidence of 24 hour drinking, with only a minority of premises securing 24 hour licences and very few actually utilising those hours. There have been only limited changes to actual opening hours.
x The overall volume of incidents of crime and disorder has remained stable and not risen.
x There is no evidence of increases in overall alcohol consumption.
x There has been no serious adverse impact on the provision of live music.
A number of positive trends have emerged from the introduction of the new regime:
x Transfer of alcohol licensing to local authorities is viewed as a success.
x The alcohol licensing system is more democratically accountable and residents are better able to influence licensing decisions.
x There is much better partnership working between local authorities, the police and other responsible authorities and licensees.
x The new powers, including the ability to review licences, have been welcomed by local authorities and the police, and are being used to good effect.
x The administrative arrangements for the new regime appear to have delivered the administration cost savings to businesses, third sector and other licence holders of around £99m a year. Page 354 Department for Culture, Media and Sport 8
There are, however, some aspects that require further attention:
x While some areas report improvements in dispersal from licensed premises because flexible opening hours have helped to smooth the peaks of trouble, there is no clear picture of consistent improvements in all areas.
x While there has been a small fall in serious violent crimes, the impact on overall crime levels appears to be limited, with evidence of some displacement into the small hours.
x The use of the new legislation, in conjunction with other interventions and as part of a coherent strategy, may vary between different authorities and areas.
x There has yet to be a discernible change in the diversity of evening and late night venues, although there is some evidence of good practice and success in certain areas.
x While benefits in terms of bureaucracy and red tape have been delivered, some stakeholders are experiencing difficulties, which suggest that the regime could be more proportionate in its application.
x While the impact on live music has been broadly neutral, reform has not led to the increases in events hoped for by Ministers, and the regime may be disproportionate for some types of live music events and other types of events.
The 2003 Licensing Act was a significant change in the way a number of activities were licensed and involved nearly 400 licensing authorities, 200,000 licence holders, responsible authorities and local people in every part of England and Wales. In general, the new licensing system appears to be functioning smoothly and has delivered a number of positive outcomes.
‘Whilst acknowledging that it is probably still too early to draw any firm conclusions about the new regime, the feedback we have received from stakeholders that have engaged with us throughout the review process – both local government and fee payers – has been generally positive about the intent of the Act. It seems to us that new licensing systems are working now that they are starting to settle down.’ Report of the Independent Fees Panel, December 20063
3 http://www.culture.gov.uk/Reference_library/Publications/archive_2007/final_ifrp_report.htm Page 355 Department for Culture, Media and Sport 9
KEY CONCLUSIONS
The Licensing Act could be used more effectively in some areas, in conjunction with other interventions, as part of a coherent and effective local strategy.
The National Audit Office report, The Home Office: Reducing the risk of violent crime4 recommended:
‘To improve the effectiveness of violence reduction at a local level the Home Office should:
Work with the Department for Culture, Media and Sport to raise awareness amongst Partnerships and the police about how the Licensing Act has been used successfully in some areas to reduce alcohol related violence and ensure that all areas are using the Act to its maximum potential to reduce the risk of violent crime.’
Several studies concluded that the impact of licensing cannot be considered independently of other factors. A report for the Alcohol Education and Research Council (AERC) published5 in January 2008 found that:
“Assessing the impact of the Licensing Act 2003 will require time. Furthermore, in the light of other interventions – such as the development of local alcohol policies and strategies and encouragement to mount partnership, multi-agency responses to prevention and harm reduction – it is unlikely that change can be attributed to any one kind of intervention.”
Future monitoring should therefore focus on the effectiveness of national and local alcohol strategies, as well as the impact of late night drinking patterns on crime and disorder.
This suggests identifying and disseminating best practice, and that the Government should help partners understand how to use the Act to its maximum potential to tackle alcohol related problems (e.g. tough conditions which can be applied to retailers who are selling irresponsibly).
This effort will be assisted by the new Beacon Council6 theme ‘Afterdark’, to be launched on 4 March 2008 which will identify good practice in the development of a thriving, diverse, accessible and safe night time economy. Programmes such as the roll out of Best Bar None7 and the Civic Trust’s purple flag initiative8 will also be important in the context of encouraging and disseminating best practice and celebrating success.
4 http://www.nao.org.uk/publications/nao_reports/07-08/0708241.pdf 5 Implementation of the Licensing Act 2003:A national survey - http://www.aerc.org.uk/documents/pdf/finalReports/054_LARG_Survey.pdf 6 www.idea.beacons.gov.uk 7 http://www.crimereduction.homeoffice.gov.uk/drugsalcohol/drugsalcohol092.htm 8 http://www.civictrust.org.uk/evening/index.shtml Page 356 Department for Culture, Media and Sport 10
It is recognised that a strength of the new system is the ability of enforcement agencies to resolve issues without the need to go to a formal review. While this is an efficient and effective way to deal with many licensed premises, the number of licence reviews seems disproportionately low compared with, for example, the number of test purchase failures. There may be more scope to encourage further use of the review powers.
The statutory Guidance9 produced under section 182 of the Act was revised in 2007 and the changes have been generally well received. No significant issues were raised by stakeholders. However, the emerging message from various projects suggest there is scope for better use and understanding of the legislation and how it can be used to promote the licensing objectives. This may not require significant change to the statutory guidance, but may instead take the form of guidance to enforcement authorities that, in due course, could be drawn together as a supplement to the guidance. Work will also need to be undertaken with Local Authority Coordinators of Regulatory Services (LACORS) and other partners to ensure responsible authorities understand the requirements of the Act. There may also be a need to revise and update guidance to applicants and residents and ensure that the courts are aware of the options available when convicting personal licence holders.
In addition, the DCMS simplification plan10 has identified the need to make the licensing regime more flexible where there are no threats to the licensing objectives and to look at ways of adjusting the regime to remove unnecessary red tape. The aim is to promote better regulation by making the licensing process easier for low risk activities. This, in turn, will leave resources available to focus on higher risk applications as well as aiming to reduce paperwork for applicants, licensing authorities and responsible authorities, such as the police (for example by making it easier to make electronic applications).
Immediate actions
As a result of this evaluation and other evidence, the Government has agreed a number of immediate actions:
To make it easier to review premises where local intelligence suggests there is a problem;
To encourage the imposition of tougher sanctions on those found to be breaching their licensing conditions;
To change the offence of “persistently selling alcohol to a person under 18” from ‘three strikes’ to ‘two strikes’ in three months;
9 http://www.culture.gov.uk/Reference_library/Publications/archive_2007/guidancesection182_licact03j une07.htm 10 http://www.culture.gov.uk/Reference_library/Publications/archive_2007/dcmssp2007.htm Page 357 Department for Culture, Media and Sport 11
To support the police and local authorities to identify problem hotspots by ranking geographical areas and concentrations of premises on the basis of the risks they present to crime and disorder, public nuisance and children; and
To introduce a new “yellow card and red card” alert system. A yellow card will put the problem premises on immediate probation together with tough and uncompromising sanctions and a red card will lead to withdrawal of the licence.
In addition, the Home Office will bring forward legislation to:
x Increase the maximum fine for anyone not obeying an instruction to stop drinking, or to give up their drink in a designated public place from £500 to £2,500;
x Make it easier for the police to disperse anti-social drinkers;
x Extend the use of Acceptable Behaviour Contracts for young people caught drinking in public; and
x Extending the alcohol arrest referral pilots so that under 18s may also benefit from a brief intervention from a trained worker.
Conclusion
The report published today should not be the end of the monitoring and evaluation of the impact of the 2003 Act. The report published today is not the end of the story. We shall use it better to focus our scrutiny. For example, we shall we will undertake further comprehensive research into post-midnight drinking patterns and their impact on crime and order; and we shall carefully measure progress on tackling sales to minors and the protection of children from harm. Measures to toughen enforcement of the Act are only part of the Government’s comprehensive strategy for combating the problems associated with alcohol. Licensing law will therefore remain an important part of the Government’s National Alcohol Strategy which addresses, among other things, the need for cultural change, improved social responsibility among retailers and the need for earlier interventions with problem and harmful drinkers. Page 358 Department for Culture, Media and Sport 12
FACTS and FIGURES
According to the DCMS Statistical Bulletin11, as at 31 March 2007, there were 162,100 premises licences and 15,200 club premises certificates in force. In the year from 1 April 2006 – 31 March 2007, over 100,000 Temporary Event Notices were given. There were over a quarter of a million personal licence holders. x 123,700 licences and certificates in force were authorised to sell alcohol:
o 32,900 premises licences were authorised for off-sale of alcohol only. o 28,100 licences authorised on-sale of alcohol only, of which 4,900 were club premises certificates (eg political clubs, workingmen’s clubs, British Legion etc) o 62,700 allowed both on and off sales, of which 7,300 were club premises certificates. [approx. 70% response rate] x Just over 50,000 premises were licensed for late night refreshment. [72% response] x 72,600 premises licences and 9,100 club premises certificates were authorised for any form of entertainment. Over 260,000 regulated entertainment activities were authorised; the most common types of which were playing of recorded music and the staging of live music. [This is based on 68% of all LAs] x 5,100 premises have 24 hour licences.
o 3,320 of which are hotel bars which have always been able to serve their guests alcohol for 24 hours. o 920 are supermarkets and stores. We do not have any data on actual opening times of such premises, although one of the trade bodies representing the off-trade has suggested that one of its largest members reports that 15% of their stores with 24 hour alcohol licences do not actually open their stores for 24 hours. Others choose not to open their alcohol aisles for 24 hours, often following discussions with the police about local issues. o 470 pubs, bars and nightclubs have 24 hour licences, but there is no evidence that more than a handful operate on that basis. x Over 6,600 applications went to a committee hearing in 2006/07. [81% response]
11 http://www.culture.gov.uk/NR/rdonlyres/73BB58AE-AB05-4113-B7AE- 0820AB3F4938/0/AlcoholEntertainmentandLateNightRefreshmentLicensingStatisticalBulletin_janupd ate.pdf Page 359 Department for Culture, Media and Sport 13
CGA Strategy Ltd Data (appendix C)
An analysis of closing hours of on-licensed premises o Database of 44,968 on-licensed premises with data on closing time pre/post-reform (includes pubs, hotels (re. times open to the public), restaurants, nightclubs, social clubs). o Time recorded by licensee as typical for closure on Saturday night - therefore not a dry audit of permitted hours on premises licence but a genuine insight into how new Act being used on ground by operators. o Overall picture is of evolution not revolution: o Average closing times across all on-licensed premises in England and Wales increased by 21 minutes o 56% of all premises in survey still closed at 11pm (68% under old regime). o 7% closed at 11.30pm (4% under old regime) o 17% closed at midnight (9% under old regime) o Little change in hours beyond midnight (1% more closing at 1am and 3am)
100%
75%
50%
25%
0% 21:30:00 22:00:00 22:30:00 23:00:00 23:30:00 00:00:00 00:30:00 01:00:00 02:00:00 03:00:00 Pre Reform 1% 2% 2% 68% 4% 9% 1% 4% 4% 1% Post Reform 1% 2% 2% 56% 7% 17% 1% 5% 4% 2% England & Wales – spread of on-licensed closing times pre & post reform, CGA 2007
This data suggests that there has been a modest change to actual opening hours, with a spreading out of closing times between 11pm and midnight, reducing the 11pm peak. Page 360 Department for Culture, Media and Sport 14
ENFORCEMENT AND REVIEW POWERS
The licensing objectives are underpinned by the powers to review licences should issues arise that threaten them. This has proven to be one of the strengths of the new system.
Under the old liquor licensing regime, licences were renewed every three years. There was limited scope to intervene in the years in between. At renewal, it was possible for the licensing magistrates to revoke the licence. This was the only option open to them – it was not possible to add conditions to a licence (although non-legally enforceable undertakings could be added).
The 2003 Act brought in a new system under which a responsible authority or an interested party could seek a review at any time a problem occurred. This could then lead to a hearing and, if necessary, the Licensing Authority could take a number of actions. The statistical bulletin12 suggests that in first full year of monitoring under the Act (April 2006 – March 2007) there were: x Around 680 reviews x 91 licences or certificates were suspended x 92 licences or certificates were revoked or withdrawn x 110 cases, the operating hours for the licence was modified following the review x 400 reviews resulted in other conditions were added or modified.
This is based on a 85% response rate from licensing authorities – the number of actual reviews and outcomes is therefore higher.
At the last three year renewal under the old regime in 200413, 354 alcohol licences were revoked, although it is important to note that many of those revocations were simply businesses which had stopped trading. These related only to alcohol licences while the figures under the new regime may also relate to licences for public entertainment and late night refreshment. It is therefore not possible to make direct comparisons between the old and new regimes. However, the data does suggest that review powers are being used and provide a more immediate response to problems in licensed premises and a variety of outcomes. There is also evidence that the review power is acting as a useful deterrent.
While the review process appears more responsive than the old liquor licensing regime, only a small proportion of the 200,000 licences and certificates in force have been reviewed. This may point to the success of the legislation and the ability of enforcement agencies to rectify problems through
12 http://www.culture.gov.uk/NR/rdonlyres/73BB58AE-AB05-4113-B7AE- 0820AB3F4938/0/AlcoholEntertainmentandLateNightRefreshmentLicensingStatisticalBulletin_janupd ate.pdf 13 DCMS Statistical Bulletin - Liquor Licensing 2004 page 11: http://www.culture.gov.uk/NR/rdonlyres/F96FD9EF-C817-4E07-B1A4- 6F4D4EA9F2A3/0/7138BLiquorReport.pdf Page 361 Department for Culture, Media and Sport 15 discussion and agreement and the preventative nature of the licensing regime.
While this is positive, during the summer 2006 Alcohol Misuse Enforcement Campaign14 alone, there were over 1,500 test purchase failures. This showed that, while the majority of premises were trading responsibly, there are a considerable minority that are not and that this might be better reflected in the number of reviews and subsequent action taken. In addition, while test purchases appear to be a major driver of identifying premises which need to be reviewed, there may be a need for licensing authorities to be more proactive in identifying problem and high risk premises.
The Rogers Review15 identified alcohol, entertainment and late night refreshment licensing as a national enforcement priority. Rogers also noted the use of licensing conditions to enforce licensing in order to create safe and stronger communities. Local authorities were asked to incorporate the national enforcement priorities into their service plans and the Local Better Regulation Office would work with national regulators to help local authorities focus on these national priorities.
The Scrutiny Council initiative suggested that joint enforcement initiatives were able to deliver real improvements in the management of the night time economy, particularly in busy town and city centres.
Manchester City Council has established a Licensing Enforcement Project to undertake proactive night-time monitoring and enforcement action against licensed premises. The project contributes to several strategic targets in the Council’s Crime and Disorder strategy by ensuring that licensed premises are responsibly managed, and educating managers and staff about the dangers of selling excessive amounts of alcohol to people. It has helped to reduce the levels of extreme drunkenness. It has also carried out undercover surveillance and joint police operations to help prevent young people obtaining alcohol from off licences. The project has managed to resolve 84% of complaints at first visit and licence reviews have been instigated by Trading Standards, Police and Environmental Health usually resulting in hours and conditions being amended on the licence, or licences being revoked.
Bristol City Council is pleased with the partnership working it has developed with the police, particularly outside of the main central Bristol areas where they have always had good relationships. A number of well run trade groups have been established, for example Bristol Harbourside Forum, which has in conjunction with the new laws, helped to reduce crime and disorder in certain hot spots.
14 http://press.homeoffice.gov.uk/press-releases/alcohol-industry-underage-sales 15 Rogers Review – national enforcement priorities for local authority regulatory services: http://bre.berr.gov.uk/regulation/documents/rogers_review/review2007.pdf Page 362 Department for Culture, Media and Sport 16
And in Taunton Deane, the Borough Council is working with other agencies to tackle alcohol related crime and disorder through the Somerset Tackling Alcohol Related Crime (STARC) partnership. This joined up approach, which involves the Council, Police, Trading Standards, Community Safety and Crime and Disorder teams, is working well and, for example, promotes local proof of age schemes by providing posters and other support to licensed premises. Page 363 Department for Culture, Media and Sport 17
LICENSING OBJECTIVES
THE PREVENTION OF CRIME AND DISORDER
Prior to the Licensing Act 2003 coming into force, the Home Office put into place a multi-strand evaluation, focussing largely on the Act’s impact on crime and disorder. The main findings are set out in ‘The impact of the Licensing Act 2003 on levels of crime and disorder: an evaluation’ (appendix A). In relation to crime and disorder these are: x There are no clear signs yet that the abolition of a standard closing time has significantly reduced problems of crime and disorder and, overall, the volume of incidents of crime and disorder appears unchanged. x There are signs that crimes involving serious violence may have reduced. but there is also evidence of temporal displacement, in that the small proportion of violent crime occurring in the small hours of the morning has grown. x Alcohol-related demands on Accident and Emergency (A&E) services appear to have been stable in aggregate, though some individual hospitals have seen increased demand, others a fall. x Police, local authorities and licensees generally welcomed the changes, the new powers it gave them, and the Act’s partnership philosophy. They did not report significant problems with implementation – once teething problems were solved – and did not think generally that alcohol-related problems of crime and disorder had worsened . x In surveys, local residents were less likely to say that drunk and rowdy behaviour was a problem after the change than before it, and majorities thought that alcohol-related crime was stable or declining. x The main conclusion to be drawn from the evaluation is that licensing regimes may be one factor in effecting change to the country’s drinking culture – and its impact on crime – but they do not appear to be the critical factor. The key issue is how they interact with other factors.
The last point is supported by work by the University of Westminster16 which looked at the views of national operators and representatives from the police and licensed industry. They found that many operators thought longer hours had allowed customers to leave when they were ready and reduced the rush for late–night transport, others disputed this and felt drinking hours had merely shifted to one or two hours later. The authors thought that the variation in opinion may have reflected local circumstances and that the impact of ‘staggered’ hours was complex and depended on other measures which had
16 Expecting 'Great Things'? The Impact of the Licensing Act 2003 on Democratic Involvement, Dispersal and Drinking Cultures – University of Westminster for the Institute of Alcohol Studies: http://www.ias.org.uk/cci/cci-0707.pdf Page 364 Department for Culture, Media and Sport 18 been put in place, as well as issues such as transport and traffic management.
The main findings from the Home Office’s national evaluation are also supported by findings from two smaller scale assessments which were conducted by Home Office researchers in the East of England and Yorkshire and Humber regions17
The majority of respondents to the Home Office survey in five case study areas who had visited the city or town centre in the last 12 months and been into pubs, bars and clubs agreed that rapid drinking close to last orders had decreased since the introduction of the Licensing Act.
The Home Office evaluation also indicated that, while the impact on crime and disorder has so far been broadly neutral, 13 out of 27 police licensing officers felt that the Act had improved crime and disorder, a similar number felt it had been mixed or made no difference, and only one felt it had got worse.
This is consistent with the findings of the recent National Audit Office report on the effectiveness of violent crime reduction at local level found that 46 per cent of Crime and Disorder Reductions Partnerships found the Licensing Act either effective or very effective in reducing violent crime, whereas 41 per cent reported that it was neither effective nor ineffective, and 13 per cent considered it to be either ineffective or very ineffective.
The NAO report suggested that:
‘The Licensing Act 2003 could be used more effectively’
‘The extent to which Crime and Disorder Reduction Partnerships were using the Licensing Act to assert more control over their drinking establishments varied between our different case study areas……………. some were taking a more systematic approach than others to collecting data on incidents of violent crime in and around licensed properties and using this to review the conditions of the licences’ 18
The Scrutiny Councils, which DCMS set up to look at the initial impact of the Act, found early evidence that the new closure and review powers were being used to turn around problem premises and tackle serious problems of crime and disorder.
The latest evidence from Scrutiny Councils confirmed that licensing officers were continuing to use a range of approaches based on the new licensing laws and better partnership working to address alcohol related violence and disorder and prevent the sale of alcohol to children:
17 Pike, S., O’Shea, J., Tyrrell, P. and Lovbakke, J. (2008) Early experiences of the Licensing Act 2003 in the East of England and Yorkshire and Humber regions. Home Office Research Report 05. London: Home Office 18 http://www.nao.org.uk/publications/nao_reports/07-08/0708241.pdf Page 365 Department for Culture, Media and Sport 19
The London Borough of Havering successfully used the review process to impose numerous conditions on a problem premises. As a result the premises was turned around and subsequently won the ‘best night club venue’ local night time award, with a judging panel including the police and a licensing officer.
In Cardiff serious problems of rogue premises are being resolved through active risk assessment and management by South Wales Police. For example, one premises had failed to work with the police to resolve serious issues of crime and disorder which were causing local residents serious problems. The police used their powers to review the licence and the Council’s licensing committee took account of representations from local residents and ward councillors in deciding to suspend the licence and remove the designated premises supervisor, who was also the licence holder. The licence holder subsequently gave up the lease of the premises and the new licensee worked with the local community and volunteered conditions requested by local residents. The re-opened premises has now become an asset to the community.
The Scrutiny Council initiative19 also noted the benefit of the new licensing regime applying to premises selling hot food after 11pm:
‘In Blackpool town centre, for instance, takeaways with licences to operate in the early hours have had conditions attached which require them to have door supervisors and, in some cases, to have CCTV fitted. This would not have been possible previously because takeaways outside London only became licensable when the 2003 Act came into force. The introduction of door supervisors at these premises is having a beneficial effect on the town centre.’
The evidence suggests that the predictions of increases in crime and disorder that accompanied the Act’s implementation have not been borne out. There are some signs of positive benefits from the new legislation, with those who are involved in its operation generally positive about the new regime.
However, despite some positive reports from some areas, there is no consistent evidence of a positive impact. While there are signs that crimes involving serious violence may have reduced, there is also evidence of a shift in the small proportion of violent crime occurring in the small hours of the morning. This is not entirely out of step with the predictions made prior to the Act coming into effect. The Regulatory Impact Assessment which accompanied the Licensing Bill suggested in relation to public order incidents that:
‘Although the number of such incidents should be fewer, they could be expected to occur later and be more evenly spread throughout the night.’20
In both the Home Office survey of police licensing officers and the NAO study, nearly half of respondents were positive about the effectiveness of the
19 http://www.culture.gov.uk/NR/rdonlyres/7B38C8E6-53D3-42BA-A5B9- 7DEF07CB7492/0/ScrutinyCouncilFinalreport0706.pdf 20 http://www.culture.gov.uk/Reference_library/Publications/archive_2003/licensing_bill.htm Page 366 Department for Culture, Media and Sport 20
Licensing Act in tackling crime and disorder and a much smaller minority were negative. Several areas have also reported significant improvements in alcohol related disorder in their town and city centres. This suggests there is currently no evidence for fundamental change to the Licensing Act in relation to crime and disorder. However, it seems clear that the Act has had much less impact in some areas and there may be scope to better use the legislation, alongside other interventions, as part of a strategic approach. There may also be lessons to be learnt about how best to use the powers under the Act.
It will also be necessary to continue to monitor the impact of the 2003 Act, alongside other interventions, in addressing the continuing problems of alcohol related crime and disorder. Page 367 Department for Culture, Media and Sport 21
THE PROTECTION OF CHILDREN FROM HARM
Most activity around licensing in relation to the protection of children from harm relates to preventing the illegal sale of alcohol to under 18s; regulating the access to licensed premises by children; and preventing the consumption of alcohol by children on licensed premises.
The 2003 Act substantially changed the access to alcohol by children under 18 previously permitted under the Licensing Act 1964. Since 24 November 2005, it has been for the first time illegal for the following to sell or supply alcohol to under 18 year olds:
x over 16,000 members’ clubs;
x some 700 boats operating on rivers and along the coast;
x trains.
In addition, since 24 November 2005, it has also been illegal for the following to permit consumption of alcohol by children as young as five years old on their premises:21
x around 24,000 restaurants; and
x more than 50,000 public houses in areas away from the “bar” area, such as pub gardens and family rooms.
Since the 2003 Act came into force, it has also been possible for the first time for licences to contain conditions to restrict or exclude the presence of children from licensed premises where it is considered necessary to protect them from harm. The presence of children as young as 14 in bar areas or in nightclubs at 2am can now be effectively guarded against.
The various enforcement campaigns undertaken by police and trading standards officers since 2005 have utilised new powers and offences in the Act, particularly through test purchasing campaigns and the review of licences of premises found selling to children.
Home Office data indicates improvements in test purchase failure rates. The results of the most recent campaign22 show that the test purchase rate had fallen to 14.7 per cent – an improvement from the overall 20 per cent failure rate in the pilot campaign in autumn 2006. It should be noted that these figures are not directly comparable as they relate to different campaigns in different areas. In particular, the last campaign was specifically aimed at utilising the new powers against those found persistently selling to children and therefore the tests cover a number of repeat visits.
21 There is one exception to these legal constraints. Children aged 16/17 may consume beer, cider or wine bought for them by an accompanying adult when taking a table meal. 22 Summer 2007 Tackling Underage Sales Campaign (TUSAC) results http://press.homeoffice.gov.uk/press-releases/underage-sales-down Page 368 Department for Culture, Media and Sport 22
The initial failure rate was a disappointing 40%, reducing to 8% for second failures, although it has to be borne in mind that this was a highly targeted campaign aimed at those who were considered to be the worst offenders.
The campaigns have been used to identify those premises whose licences should be reviewed. While review may happen for several reasons, including a test purchase failure, there are many good examples of how the review process under the Act is being used to tackle underage sales and these have been publicised in local and national media. For example:
In November 2007, a Supermarket in Bexley was banned from selling alcohol for three months following the sale of alcohol to a 16-year-old test purchaser, and reports from the mother of a 13-year-old girl who had been found drunk in the nearby town centre.
The Chairman of the Council's Licensing Committee said:
“The Licensing Act has firmly placed responsibility for enforcement with local councils and has given them the tools to make a difference in their local communities. I urge all local authorities to make full use of the powers available to them, and not to hesitate to impose tough restrictions to promote the licensing objectives."
The Borough Commander for Bexley Police commented: "This is another in a long line of successes for the collaborative working that has been such a key feature of the work here in Bexley, especially since November 2005, when the new licensing regime came into effect"23.
Within months of the Licensing Act coming into force, a hotel with a public bar in Waterfoot, Lancashire, was banned by Rossendale Borough Council from holding functions for under-25s (such as 21st and 18th birthdays) for three months following instances of disorder and under age drinking. The pub has also had its opening hours reduced by about two hours; litter must be cleared from the outside every morning and the beer garden must be empty by 9.30pm. The package of conditions, which follow a police request for a review, were referred to as ‘a last chance saloon attempt’. 24
Following a test purchase failure, a supermarket in Worthing was banned from selling any alcohol for 28 days. Worthing Magistrates in June 2007 upheld the previous decision of the Borough Council's Licensing Committee, which the supermarket’s owners had challenged at appeal and lost.25
23 London Borough of Bexley press release: Tesco Express Counts The Cost http://www.bexley.gov.uk/news/2007/11/1501.html 24 Morning Advertiser report March 2006: http://www.morningadvertiser.co.uk/news_detail.aspx?articleid=15076 25 http://news.bbc.co.uk/1/hi/england/sussex/6248722.stm Page 369 Department for Culture, Media and Sport 23
A grocery store in Peterborough had its off-licence suspended for three months in summer 2007 by Peterborough City Council's licensing sub- committee after the owner failed to introduce a training programme to prevent sales of alcohol to under-age youngsters after previously failing a test purchase. The store owner also had his 'designated premises supervisor' authority removed. This means a new designated premises supervisor will need to be appointed before the store can recommence selling alcohol26.
A Coventry supermarket was been banned from selling alcohol after complaints from local residents about the trouble it generated. A total of 58 incidents of antisocial behaviour had been reported to West Midlands Police in connection with a small format supermarket. They were also told the store had been caught selling alcohol to 15-year-olds on three separate occasions. Magistrates upheld a decision by Coventry City Council to revoke the super- market's licence to sell alcohol and ordered it to pay £1,000 costs. Magistrates said they had taken into account the prevention of crime and disorder and protecting children from harm before making their decision.
The Government set out new ambitions on young people and alcohol in Safe Sensible Social, which was published last year. In particular to: x delay the onset of regular drinking, primarily by changing the attitudes of 11-15 year-olds and their parents about alcohol; x reduce harm to young people who have already started drinking; and x create a culture in which young people feel that they can have fun without needing to drink.
We will build on this through the Youth Alcohol Action Plan (YAAP), which will be published later this year. The YAAP will look specifically at what more might be done to reduce young people's drinking, by: x exploring how we can place alcohol further from the reach of young people by tackling low price sales of alcohol; x exploring what more we could do to deter young people from attempting to buy alcohol and, if they do, how we can intensify confiscation efforts; x in the context of the existing review of alcohol price, promotion and harm, considering the case for further action to protect children and young people from alcohol advertising; x exploring how we might prevent young people drinking alcohol in public places where they are unsupervised, as we know that the risk of harm increases in these circumstances; x working with our partners to strengthen our evidence base on young people and alcohol.
Other protection of children from harm issues in relation to licensing include restriction on the presence of children during adult entertainment or gambling
26 http://www.peterborough.gov.uk/page-11702 Page 370 Department for Culture, Media and Sport 24 on a premises, or the need for additional attendants for safety reasons at a theatre or cinema where the audience has a large proportion of children. The 2003 Act also requires cinemas to apply an appropriate film classification system. Protection issues are also covered by other legislation and restrictions, such as that relating to performances by children in plays and in films, or the employment of school age children working in the hospitality industry. Licensing under the 2003 Act should not duplicate other legislation, but the Secretary of State’s guidance gives examples of where licensing arrangements might complement other regulations.
The review of the Secretary of State’s Guidance to Licensing Authorities included proposed changes to clarify the sections relating to the protection of children from harm. No significant issues were reported in relation to this licensing objective as part of the Guidance consultation.
A concern at implementation stage was about the appropriate body for licensing authorities to identify as the responsible authority for protection of children from harm issues. In many authority areas, the local authority children’s services team or the independent Local Safeguarding Children Board (LSCB) were identified as possible appropriate authorities, but concerns were expressed about the expectations this would place on such bodies, given their particular remits and roles.
Whilst LSCBs are not, in general, operational bodies, or ones which deliver services direct to children, young people and their families, they may if it is agreed locally be the ‘Responsible Authority’ for matters relating to the protection of children from harm under the Licensing Act 2003. In those circumstances, they should be notified of all licence variations and new applications for the sale and supply of alcohol and public entertainment. (Working Together to Safeguard Children, 2006, para 3.37)27
LACORs recently conducted an informal consultation with licensing officers about their engagement with protection of children agencies in relation to licensing. Around 70% of those who responded suggested they have had no or minimal contact with these agencies while 30% are interacting well with their child protection organisations which submit representations, attend meetings and support review applications. This was not to say that such agencies did not have a role, particularly in relation to licensing policies and possibly in relation to reviews.
In some areas, it was felt that the police and trading standards were more appropriate to take the initial lead in relation to the protection of children licensing issues. In addition, outside of unitary local areas, child protection tends to be organised at a county level, which means having to liaise with several districts.
27 http://www.everychildmatters.gov.uk/_files/AE53C8F9D7AEB1B23E403514A6C1B17D.pdf Page 371 Department for Culture, Media and Sport 25
The LACORS consultation results do not imply the current position represents a risk to the protection of children objective but, as one responded to the LACORS invitation for views suggested:
‘Whilst this would indicate that there haven't been major issues requiring a strong input from the Safeguarding Children Board, protecting children from harm remains an important consideration for licensing. Therefore there is a strong argument for the Safeguarding Children Board to retain the ability to influence policy, to make representations or to review licences if required. However, there could be scope to revise the requirements for copies of all applications to be sent by the applicant, and for further guidance to be issued focusing on the relationship and responsibilities between licensing, child protection agency, police and trading standards.’
This suggests that further work may be needed to look at the different approaches to the protection of children objective and responsible authority role. Page 372 Department for Culture, Media and Sport 26
THE PREVENTION OF PUBLIC NUISANCE
Research conducted for DCMS by Ipsos-MORI into the experience of smaller establishments in applying for live music authorisation (December 2006)28 found that 68% of representations relating to live music applications related to noise levels of live music while 33% mentioned noise from customers. The Live Music Forum questioned whether live music really is a source of noise problems and considered that conditions imposed to promote the prevention of public nuisance objective were at times disproportionate and unnecessary, particularly in the light of the existence of other legislation to tackle noise nuisance.
In the Department’s engagement with local authorities and residents’ groups, concern has been expressed about the possible impact on public nuisance from customers gathering outside of premises because of smoke free legislation, although no firm evidence has yet been produced. In responding to issues raised during consultation, the recent revision of the statutory guidance to licensing authorities clarified how licensing can be used in relation to areas directly outside a licensed premises.
The Home Office study on the impact of the new legislation on levels of crime and disorder suggested that, in surveys, local residents were less likely to say that drunk and rowdy behaviour was a problem after the change than before it, and a majority thought that alcohol-related crime was stable or declining.
The issue of noise continues to generate concerns for both licence holders and interested parties, and is controlled by a variety of regulatory mechanisms. The Live Music Forum (LMF) was concerned about the dynamic between the various pieces of legislation and the possibly that contradictory aims and approaches were being taken by different agencies (LMF report page 58 & 59)29
‘Ministers should give further consideration as to how best to ensure that all relevant Government Departments and other agencies are fully participating in key policy objectives, and that all internal and external communications and guidance share any common priorities.’ (LMF recommendation xii, page 59 LMF report)
The Government’s proposals for the Local Better Regulation Office (LBRO)30 may provide an opportunity to look at this issue and DCMS will have early discussions with the LBRO about its role in relation to licensing issues.
28 http://www.culture.gov.uk/Reference_library/rands/research/lmf_inew_licensingact03.htm 29 http://www.culture.gov.uk/Reference_library/Publications/archive_2007/lmf_findings_recommendatio ns.htm 30 http://www.berr.gov.uk/bre/inspection-enforcement/implementing-principles/sanctions- bills/page44047.html Page 373 Department for Culture, Media and Sport 27
More generally, a national survey of licensing authorities by Middlesex University31 (for the AERC) suggested that those surveyed thought that the effect of the Licensing Act 2003 had been largely neutral. There had been little change in noise levels, alcohol related violence/fights, drink driving, alcohol-related crime and under-age drinking.
The evidence collected by the University of Westminster for its July 2007 report on the impact of the Licensing Act32 found that:
“ ‘democratisation’ has been a success. Whether it was minimising obtrusive music, cutting irresponsible promotions, or forging better relations with the police or council, the majority of those interviewed felt the Act had generated a more accountable industry. Particularly in terms of residents, the operators felt that neighbours now had a greater role to play in the entire licensing process, be that in terms of the initial applications, to ensuring compliance with licensing conditions.”
31 http://www.aerc.org.uk/documents/pdf/finalReports/054_LARG_Survey.pdf 32 http://www.ias.org.uk/cci/cci-0707.pdf Page 374 Department for Culture, Media and Sport 28
PUBLIC SAFETY
An important change occurred with the introduction of the Regulatory Reform (Fire Safety) Order 2005 which33 came into effect in October 2006. This stated firmly that requirements which could be required under the Order should not be replicated in licence conditions. There was initially some confusion about what this meant for licence applications, particularly as fire authority concerns had often been a significant driver of the public safety considerations in relation to licence applications.
DCMS and CLG considered this point in the review of statutory guidance and have sought to clarify the matter. Nevertheless, queries still arise and the Live Music Forum was particularly concerned that there was still duplication between the regimes. DCMS is committed to keeping this issue under review, not only to ensure that unnecessary requirements are not imposed on licensees, but also to ensure that there is clarity about these important responsibilities.
Drink driving
There is no evidence linking the Licensing Act 2003 with incidences of road traffic accidents involving drunk drivers. Provisional figures from Road Casualties Great Britain 2006 suggest that there was a decrease of around 1,000 casualties from drink drive accidents in the first full year following the implementation of the Act'34
The Home Office evaluation into the impact of the Licensing Act on level of crime and disorder report also referred to provisional Road Casualties Great Britain 2006 figures which showed a 4% fall from 2005 in the number of people killed or seriously injured in personal injury road accidents involving drink-driving. The number of deaths resulting from such accidents fell from 550 to 540 – a fall of 2%. The number of slight injuries arising from drink-drive accidents fell by 7%. It concluded that, while it was impossible to say whether these reductions can be attributed in any way to the Licensing Act, the statistics constituted prima facie evidence that the changes have not caused a significant increase in such accidents.
33 http://www.opsi.gov.uk/si/si2005/20051541.htm 34 http://www.dft.gov.uk/162259/162469/221412/221549/227755/rcgb2006v1.pdf Page 375 Department for Culture, Media and Sport 29
OTHER AIMS
PUBLIC HEALTH
Public Health is not a licensing objective under the 2003 Act. However, it is a priority for Government to tackle alcohol related public health harms and it is addressing these issues through action under the Alcohol Harm Reduction Strategy, which was developed in parallel with licensing reform policies and was published in March 2004. The Strategy has since been further developed and a renewed strategy, Safe. Sensible. Social. – the next steps in the National Alcohol Strategy which was published on 5 June 2007.
This is a comprehensive strategy to tackle the harms from excessive alcohol consumption. Its aims are:
• to focus future action on reducing the types of harm that are of most concern to the public • to reduce both crime and ill health caused by alcohol • to increase the public’s awareness of the risks associated with excessive consumption and how to get help and, overall, to:
• increase the number of people drinking within the Government’s sensible drinking guidelines • reduce the number of men who are drinking more than 50 units a week and the number of women who are drinking more than 35 units i.e. more than twice the sensible daily drinking guidelines - on a regular basis • reduce the number of under-18s who drink and the amount of alcohol they consume • ensure the laws and licensing powers we have introduced to tackle alcohol -fuelled crime and disorder, to protect young people and bear down on irresponsibly managed premises, are being used effectively • shape an environment which actively encourages sensible drinking. This will be delivered:
o through partnership working, o by ensuring existing laws and powers are being used effectively, and o by reviewing the effectiveness of existing powers in areas such as promotion and pricing
The Government undertook in Safe. Sensible. Social. to commission an independent review of the relationship between alcohol price, promotion and harm. The review will cover advertising, price discounting and its promotion, and links between these and harms to young drinkers and other groups. It will take account of the study recently published by Ofcom and the Advertising Standards Authority on the impact of the stricter controls on alcohol advertising introduced in 2005. The independent review is expected to report findings in August 2008. Page 376 Department for Culture, Media and Sport 30
While public health is not a formal objective of the Act, Ministers recognised concerns about how licensing reform might impact on public health and committed to monitoring any emerging health impacts of the 2003 Act.
Ministers do wish to see licensing laws as contributing to the overall strategy to reduce of harm from alcohol. The revised guidance to licensing authorities suggests that they should ensure their licensing policies complement the relevant national alcohol strategies for England or for Wales and subsequent measures, where these may help to promote one or more of the licensing objectives.35
The emerging evidence to date suggests that licensing reform has not been accompanied by an increase in alcohol consumption. The General Household Survey (GHS), which includes self-report data on alcohol consumption, indicates a fall of 6% in the average number of units of alcohol consumed per week between 2005 and 2006. It also suggests that the proportions of men and women drinking (respectively) more than 21 and 14 units a week on average have continued to fall. The report notes that recent extensive publicity about the dangers of drinking, and in particular binge drinking, may have led some people to moderate their behaviour, but might equally have made others less inclined to admit to how much they have drunk.
Data from Her Majesty’s Revenue and Customs (HMRC), based on actual excise duty returns, suggests that, while the GHS may be overestimating the fall in consumption, there is nevertheless evidence of a decrease. Indications from HMRC data are of a 2% fall in 2005 and 3.3% fall in 2006.
As with the fall in alcohol consumption in the years following the liberalisation of daytime licensing hours in the late 1980s, it would be wrong to suggest that such falls were simply due to the removal of fixed opening hours - or to yet draw conclusions about the long term trend, regardless of changes in licensing laws. The factors driving consumption are complex and will vary for different groups, hence the Government's focus on targeted action through the alcohol strategy to tackle harmful consumption.
In relation to admissions to accident and emergency departments, the Violence and Society Research Group at the University of Cardiff collected data on violence-related attendances at 33 Accident and Emergency departments in 2006. This used the time of the incident as a proxy indicator of alcohol related crime. The Group has used the same approach over time which allows an analysis of trends since 2000. It found that in 2006, 6,000 fewer people sought treatment in A&E departments for violence related injury – a fall of 2% since 2005. This continues a downward trend observed over previous years but at a slower rate since 2000. The researchers concluded that: ‘These findings are not consistent with the hypothesis that implementation
35 http://www.culture.gov.uk/what_we_do/Alcohol_entertainment/advice_and_guidance/licensing_author ities_and_police.htm Page 377 Department for Culture, Media and Sport 31 of the 2003 Licensing Act in November 2005 would increase violence in England and Wales.’36
As the Cardiff work covers 33 A&E Departments, it arguably provides more robust data than evidence from smaller studies from individual areas. Nevertheless, smaller studies are useful and serve to show that A&E attendance for assault and/or alcohol related issues do vary at a regional and local level. The variation may be due to a number of factors, including the design of the research, seasonality, recording policies and practices and different local night time economy polices and practices.
A study by the United Bristol Healthcare Trust for the Alcohol Education and Research Council looked at the experience of the Emergency Departments covering the city centre and waterfront areas of Bristol from Sept 2005 for an initial period of four months (spanning the change in licensing laws). This observed:
‘no increase in incidents after the change was enacted, and similarly the police have recorded no increase in crime or disorder. Although it is still early days, and drinking habits may take time to change, it is encouraging to note that the widely predicted catastrophe has not yet come to pass. In the ED we have observed a gradual extension of the time period during which the most heavily intoxicated persons present, now reaching as far as the middle morning, but no increase in overall numbers. It seems likely that the legislative intention, to avoid a concentration of intoxicated individuals spilling onto the streets and competing for limited services (principally taxis and fast food outlets) at a specific closing time may have been realised, however it will be important to look at the year-round figures and long-term health effects.’
A one-off study relating to one local area, St Thomas’ hospital in central London found an increase in overnight alcohol-related attendances at their A&E department. In March 2005, just under 3% (79) of overnight A&E visits were alcohol-related – this had risen to 8% in March 2006. The number of alcohol-related assaults increased from 27 to 62, and alcohol-related hospital admission via A&E increased from 24 to 61.
The London Ambulance Service reported a 2% increase in alcohol-related call-outs in the first ten months following licensing reform, but with a larger increase of 10% in the subsequent ten months.
Studies undertaken by John Moore's University Liverpool found that A&E attendances in relation to assault cases presenting at Arrowe Park A&E on the Wirral had fallen by 15% and attributed this fall to a combination of licensing changes and better policing and enforcement.
36 Sivarajasingam et al (2007) http://www.cf.ac.uk/dentl/resources/Trends_violence_England_Wales_2006.pdf Page 378 Department for Culture, Media and Sport 32
Alcohol-related illness or injury accounts for 221,325 hospital admissions per year (2006/7 data). While this figure has risen consistently over recent years, the increases predate the change in licensing laws (November 2005) by several years. It is too early to detect any changes in longer term health trends and alcohol related deaths. Page 379 Department for Culture, Media and Sport 33
THE NECESSARY PROTECTION OF LOCAL RESIDENTS
A key aim of licensing legislation was to improve local accountability for licensing decisions and make the licensing system more accessible to local residents. This was a key reason for transferring alcohol licensing from the courts to local government.
“It is also difficult to find in the present arrangements for licensing the sale of alcohol any real accountability to local residents whose lives are fundamentally affected by the decisions taken. The time has come to develop a better system’. Foreword to ‘Time for Reform: Proposals for the Modernisation of our Licensing Laws’ by Rt Hon Jack Straw MP, then Home Secretary, April 2000.
The Scrutiny Councils’ report found that an early benefit of the regime was better engagement of residents in the licensing process:
‘Residents are much more aware of what they can do to resolve problems at a premises and licensees are much more aware of their responsibilities’.
The recent update of the Scrutiny Council’s report suggests that this trend is continuing. It included some examples of the licensing regime being used to tackle residents’ concerns:
In Manchester, Trading Standards officers applied for reviews of two off-licences situated a few doors apart from each other on a busy road in a residential area, following a high number of complaints from local residents, the police and local councillors about sales of alcohol to children. Some local residents said they were too frightened to go near these shops at night due to the large groups of young people congregating outside them. Following a hearing, the licensing sub-committee decided that the licences for each shop should be revoked. Feedback from residents is that the problems they were experiencing previously have been much reduced and the Trading Standards Service is no longer receiving complaints.
Residents in Nottingham were concerned about the level of crime and disorder and public nuisance caused by customers of a premises with a 24 hour off-licence. They submitted an application for review via a local ward councillor and as a result, the licence was amended to reduce the hours that alcohol could be supplied from 24 hours to 6am – 11pm.
A report by the Central Cities Institute of the University of Westminster37 found that, ‘while the impacts of the Licensing Act 2003 on diversity of venues and dispersal has been limited, it has provided benefits in terms of local accountability’
37 http://www.ias.org.uk/cci/cci-0707.pdf Page 380 Department for Culture, Media and Sport 34
The researchers also suggested that: ’the changes in licensing had had a generally positive effect on community relations in the areas examined, with residents and local councillors alike feeling that they had more of a say in the process of granting and challenging licensing decisions.’
The Home Office report on the impact of the Act on levels of crime and disorder found that in three of the five case study areas there was a statistically significant fall since the introduction of the new regime in the proportion of residents who felt drunk and rowdy behaviour was a fairly or very big problem. Page 381 Department for Culture, Media and Sport 35
THE FURTHER DEVELOPMENT WITHIN COMMUNITIES OF OUR RICH CULTURE OF LIVE MUSIC, DANCING AND THEATRE, BOTH IN RURAL AREAS AND IN OUR TOWNS AND CITIES
The Live Music Forum was set up by the Government in January 2004 and tasked to ensure as many venues as possible took advantage of the opportunities presented by the 2003 Licensing Act, to monitor the Act’s impact on live music, to promote live music generally, and make recommendations to Government on how it might further bolster live music provision. The Forum's findings and recommendations were published on 4 July 200738. The Forum found that:
x Some of the predicted benefits of Licensing reform, such as abolishing the need for annual renewal and consistency over fee levels, have been delivered . x There was no evidence of a serious detrimental effect on overall live music provision, as some had predicted, but neither has the legislation led to the increase in live music provision Ministers had hoped. x The majority of local authorities had been fair and reasonable in their licensing decisions and most of the scare stories investigated by the Forum had proved unfounded. x However, a minority of authorities had been acting unreasonably and against the spirit of the legislation and the Secretary of State’s guidance. x The Forum believed licensing was not appropriate, proportionate or necessary for non-amplified performances of live music or those with audiences under 100 people.
Ministers responded on 17 December 200739. The work of the Forum was supported by research into the provision of live music in ‘secondary’ venues (i.e. those that do not put on live music as their core activity, such as pubs, restaurants and nightclubs) before and after the Act came into force and the experience of small venues in dealing with the legislation.
The research into the provision of live music suggested that such provision had declined by 5%. However, the report stated that the Act was not a main reason for the decline, but that decisions on staging live music were driven primarily by commercial considerations, such as customer demand, cost- efficiency and fit with the nature of the business, as well as by practical
38 Live Music Forum – Findings and Recommendations http://www.culture.gov.uk/Reference_library/Publications/archive_2007/lmf_findings_recommendatio ns.htm 39 http://www.culture.gov.uk/Reference_library/Publications/archive_2007/govtresponse_lmffindings.htm Page 382 Department for Culture, Media and Sport 36 considerations, in particular the suitability of the venue for staging live music. These reasons had not changed since before the 2003 Act came into force.
In relation to rural areas, there have been particular concerns expressed by village and community halls about the new regime. Many are reluctant to secure premises licences which allow the sale of alcohol and instead try to accommodate activities through use of Temporary Event Notices (TENs). However, the limitations on the duration and number of such Notices at a premises (because of their light touch regime) means that some halls are unable to allow all the events demanded.
The Government has responded by proposing the removal of the requirement for a village hall to have an individual named as DPS or personal licence holder, provided the police are happy there is not a threat of crime and disorder (and the requirement can be re-imposed on review). The final option to be adopted by Ministers is being drawn up following a public consultation exercise.
It is worth noting that the live music survey found that village halls were one of the venues types that experienced the largest falls in live music provision between the two surveys: from 68% holding live music events to 44%. There is little evidence that this fall was due to licensing changes. Over half of the church and community halls which had not put on live music in the last 12 months, but had done so previously, said that they had not taken a decision to stop providing live music. 43% of church and community halls that did not put on live music nevertheless possessed a licence to do so. The most common reason cited by 35% of church and community premises for not putting on live music in the previous 12 months, was because there was no demand for it. It is nonetheless of concern that live music and cultural provision may be declining in rural and community venues.
As well as the proposals to encourage more village and community halls to secure full premises licences, Ministers have also agreed to look at whether it is possible to identify low risk activities which might be made exempt from the requirement to obtain a licence. Otherwise no significant rural issues have arisen. The Commission for Rural Communities cited the implementation of the Licensing Act as an example of how ‘an assessment can consider rural areas’40.
Circuses continue to have concerns about the impact of the Act. DCMS has surveyed circuses to find out their experience of the first year of the new legislation. While there was no evidence that the number of circuses performing had fallen because of the Act, there had been additional expense and some impact on performances - for example affecting the length of stay at a site, the choice of location and flexibility when a site became unavailable at short notice.
40 Monitoring Rural Proofing 2007 http://www.ruralcommunities.gov.uk/files/RP%20Monitoring%20Report%2028pp%20TAGGED%20c orrected.pdf Page 383 Department for Culture, Media and Sport 37
Ministers have agreed to look at options to help relieve the burden on mobile forms of licensable activity, including circuses, as part of its simplification plan41. This will include measures to reduce the burden of the regime more generally (e.g. the time and cost involved with making an application) but also whether a separate scheme is necessary and possible for activities such as circuses that operate in many different locations each year.
Amateur and travelling theatres have reported some difficulties, in part because of the reliance of village halls on a limited number of TENs. Problems also exist where a production goes on for more than 4 days and is therefore not eligible for a TEN. The village hall DPS proposals, together with other simplification measures, may bring more flexibility to the system to address these concerns.
The Secretary of State’s guidance to licensing authorities encouraged local authorities to seek their own premises licences for public spaces within the community. This could include, for example, village greens, market squares, promenades, community halls, local authority owned art centres and similar public areas. Performers and entertainers would then have no need to obtain a licence or give a temporary event notice themselves to enable them to give a performance in these places. There has been real progress in this area. For example, the survey of circuses carried out by DCMS suggests that 20% of their performances were on publicly licensed land.
To raise awareness of these licensed areas to events organisers and to encourage more authorities to secure licences, DCMS set up a register of licensed public land.42 This now has details of over 1500 sites across over 150 local authorities. The Live Music Forum considered that ‘the Register of Public Spaces, an idea developed by the DCMS Licensing Team, has been very successful ‘ (page 17) and that it ‘has led to a number of local authorities using their public spaces imaginatively and creatively for a wide range of music events.’ (page 81). The report cited Fenland District Council as a case study:
Fenland District Council in Cambridgeshire covers the market towns of Chatteris, March, Whittlesey and Wisbech. It has licensed many public spaces including parks, fields and market places, as well as encouraging and supporting people who are planning licensable events in the area.
The licensed public spaces are used regularly throughout the year for a wide range of live music events. These include an amateur talent day, continental markets, which involve entertainers and live music as well as food stalls, and the Rose Fair and Straw Bear Day, which is a large, traditional folk festival held over several days. The Council has also licensed further areas to accommodate the very popular entertainment areas of the Christmas Market. This has led to retailers also licensing areas themselves so they can take part in the festivities.
41 http://www.culture.gov.uk/Reference_library/Publications/archive_2007/dcmssp2007.htm 42 http://www.culture.gov.uk/NR/rdonlyres/E7B87381-12FC-4FDF-877F- 1B073CA4FE03/0/PublicLandRegisterDec07.pdf Page 384 Department for Culture, Media and Sport 38
BETTER AND MORE PROPORTIONATE REGULATION TO GIVE BUSINESS GREATER FREEDOM AND FLEXIBILITY TO MEET CUSTOMERS’ EXPECTATIONS;
The Act has also allowed businesses to offer extended hours, either through longer licensing hours or a limited number of temporary event notices. Data suggests that the average increase in actual weekend closing times across all on-licensed premises is around 20 minutes. Within this, there are differentials between the opening hours of different types of premises. For example, most pubs continue to close at 11pm whereas bars and nightclubs have typically extended their closing hours. This suggests that the pattern of closing is becoming more varied in response to customer demand.
Work as part of the DCMS Better Regulation Simplification plan in 2007 estimated that the new regime resulted in an ongoing total administrative burden to licensees of costs of £83.9 million a year (i.e. not including the costs of transition, fees or licence conditions). The administrative burden of the old licensing regime was £183.2 million a year, so the Licensing Act 2003 has delivered a saving of £99.2 million a year.
Despite these benefits, some businesses and other organisations report problems with the legislation and argue for further reductions in red tape. In response, DCMS has set out a programme of measures as part of its simplification plan under the Government’s Better Regulation initiative.
These include possible measures to allow a lighter touch process for minor changes to licences where these do not impact on the licensing objectives and possible exemptions for low risk activities.43
Some licensees have expressed concern about the fee levels associated with the new legislation. In response, Ministers appointed an independent panel to look at the level of fees, but also to take evidence from a range of stakeholders and identify any issue which the Government should look at.
The panel, Chaired by Sir Les Elton, took evidence from over 100 stakeholders and produced a report in January 2006. Ministers have signalled that they expect to publish their response to the report shortly.
43 http://www.culture.gov.uk/Reference_library/Publications/archive_2007/dcmssp2007.htm Page 385 Department for Culture, Media and Sport 39
DIVERSITY OF VENUES AND CHOICE FOR CONSUMERS
Several of the aims of reform which were set out in the White Paper relate to changes in the type and diversity of licensed premises:
x the encouragement of more family friendly premises where younger children can be free to go with the family;
x greater choice for consumers, including tourists, about where, when and how they spend their leisure time;
x the regeneration of areas that need the increased investment and employment opportunities that a thriving and safe night-time economy can bring.
There is limited evidence to point to such a difference and it may simply be too early for such changes to have fed through.
There do appear to have been some changes in actual opening times to respond to customer demand. The data collected from CGA Strategy Ltd (appendix C) shows a slightly different pattern of longer opening, but that this change has been generally moderate. There is also some anecdotal evidence that some customers are choosing to stay local rather than travel into town and city centres as the new legislation has given those premises greater opportunity to respond to customer demands.
The report by the University of Westminster44 felt that, while there had been some changes in the diversity of premises, this was not due to the Licensing Act. It also reported that the smoking ban was considered by operators and others potentially as having a greater impact in relation to a shift to food and families. There had been a shift to suburban and regional venues, but it was not clear whether a trend towards local pubs has occurred at the expense of city centres.
Information supplied by one of the Scrutiny Councils, Birmingham, suggested that the new legislation had played a part in increasing diversity, building on improvements that begun with the Business Improvement District designation for the Broad Street area45:
‘In some areas, such as the Broad Street area of Birmingham, good partnership working and the introduction of a cumulative impact policy combined with many of the measures listed above, has delivered real results. Broad Street was traditionally a ‘no go’ area for people aged over 24, but as a result of the council’s licensing strategy, is now attracting older people with a consequent reduction of 53% in reported violent crime during December 05 compared with the same period in the previous year. Some of the licensed
44 http://www.ias.org.uk/cci/cci-0707.pdf 45 http://www.culture.gov.uk/NR/rdonlyres/7B38C8E6-53D3-42BA-A5B9- 7DEF07CB7492/0/ScrutinyCouncilFinalreport0706.pdf Page 386 Department for Culture, Media and Sport 40 premises that previously attracted under age drinkers etc. have converted to cafes and restaurants and the Broad Street Pubwatch scheme has been re- launched as ‘Leisurewatch’ to reflect the more diverse night time economy.’
There are positive signs that the 2003 Act has encouraged more effective local partnerships to tackle issues. The Scrutiny Councils found that improved partnership working between licensing officers and other enforcement bodies was starting to have a real impact. The latest case studies from Scrutiny Councils suggest that joint enforcement initiatives are continuing to deliver real improvements in the management of the night time economy, particularly in busy town and city centres.
It is too early to identify any pattern of change of types of venues and the diversity of the sector. Page 387 Research Report 04 Key implications
The impact of the Licensing Act 2003 on levels of crime and disorder: an evaluation Mike Hough, Gillian Hunter, Jessica Jacobson, Stefano Cossalter ICPR, King’s College London Key implications for decision makers
The Licensing Act 2003, which came into force at the end of The overall volume of incidents of crime and disorder November 2005, abolished set licensing hours in England and remains unchanged, though there are signs that crimes Wales. Opening hours of premises are now set locally through involving serious violence may have reduced. However, the conditions of individual licences. The aim was to liberalise there is evidence of temporal displacement, in that the a rigid system whilst reducing the problems of drinking and small proportion of violent crime occurring in the small disorder associated with a standard closing time. The Act gave hours of the morning has grown. licensing authorities new powers over licensed premises, whilst giving local people more of a say in individual licensing decisions. Alcohol-related demands on Accident & Emergency (A&E) It was hoped that in the longer term its provisions – coupled departments appear to have been stable in aggregate, with other government initiatives – would help to bring about a though some hospital services have seen increased more benign drinking culture. demand, others a fall.
In the run-up to implementation, there was widespread Police, local authorities and licensees generally welcomed concern that the legislation would lead to ‘24-hour the changes, the new powers it gave them, and the Act’s drinking’ and an increase in associated problems. These partnership philosophy. They did not report significant fears were not met in the year after implementation. problems with implementation – once teething problems were solved – and did not think generally that alcohol- Nor are there any clear signs yet that the abolition of a related problems of crime and disorder had worsened. standard closing time has significantly reduced problems of crime and disorder. In surveys, local residents were less likely to say that drunk and rowdy behaviour was a problem after the change than The scale of change in licensing hours has been both variable before it, and the majority thought that alcohol-related and modest: while the majority of pubs have extended their crime was stable or declining. hours, most of these extensions have been short. The main conclusion to be drawn from the evaluation The limited evidence suggests that alcohol consumption is that licensing regimes may be one factor in effecting has fallen slightly, although some people are drinking until change to the country’s drinking culture – and its impact later into the night. on crime – but they do not appear to be the critical factor. The key issue is how they interact with other factors. Contents Keywords
Key implications for decison makers Licensing Summary i Licensing Act 1. Introduction 1 Licensing Act 2003 2. Implementation: impact on licensing hours and Alcohol consumption 4 Alcohol-related crime 3. Alcohol-related crime and disorder: the national picture 8 Night time economy 4. Alcohol-related crime and disorder: the case studies 12 Violence 5. How does our experience match with other countries? 16 Violent crime 6. Making sense of the findings 17 Disorder Binge drinking
The views expressed in this report are those of the authors, not necessarily those of the Home Office (nor do they reflect Government policy). Research, Development and Statistics improves policy making, decision taking and practice in support of the Home Office purpose and aims, to provide the public and Parliament with information necessary for informed debate and to publish information for future use. © Crown copyright 2008 ISSN 1756-3666 ISBN 978-1-84726-612-5 March 2008 Page 388 Research Report 04 Executive summary Research Report 04 March 2008
The impact of the Licensing Act 2003 on levels of crime and disorder: an evaluation
Mike Hough, Gillian Hunter, Jessica Jacobson, Stefano Cossalter, ICPR, King’s College London
Summary This report pulls together the key findings from these various strands. It also draws on previously published material on the Act, notably Department of Culture Media and Sport (DCMS) The Licensing Act 2003, introduced in November 2005, abolished statistics, HM Revenue and Customs statistics as published set licensing hours in England and Wales. Opening hours of by the British Beer and Pub Association (BBPA), a survey of premises are now set locally through the conditions of individual demands on Accident & Emergency (A&E) hospital services and licences. The aim was to liberalise a rigid system whilst reducing a national survey of local authorities. To place the findings in the problems of heavy drinking and disorder associated with context, the research team also mounted an international review a standard closing time. The intention was not simply to relax of the relevant academic literature on alcohol related crime drinking hours but to provide licensing authorities with new and how to manage the night time economy. Collectively, the powers and to encourage better partnership working. It was different strands of the evaluation can describe trends in alcohol- hoped that in the longer term, the Act – in combination with related crime and disorder in the periods before and after the national and local alcohol strategies – would also help bring Act’s implementation. What the evaluation cannot do, however, about a ‘sensible drinking’ culture which attached less value to is to answer counterfactual questions about the direction that heavy drinking and drunkenness as ends in themselves. trends would have taken, had the Act not been implemented.
The Act has been the subject of much controversy. Although its aim was specifically to address problems associated with late- The 2003 Licensing Act night drinking, in the run-up to implementation it was presented by some of the media as a drunkard’s charter, whereby alcohol The problems created by standardised pub closing times were a would be on sale 24 hours a day. There was concern both about source of concern for many years. On the one hand, the simple the public health impact of the new licensing regime and about fact of a closing time was thought to encourage some drinkers its effects on crime and disorder. The Home Office put into place to drink as much as they could whilst they could. On the other, a multi-strand evaluation, focusing largely on the Act’s impact on standardised closing times meant that across the country crime and disorder. The various elements include: large numbers of - mainly young - people in various states of drunkenness were decanted into open public space and onto a statistical exercise covering 30 of the 43 police forces in public transport simultaneously. England and Wales; The Licensing Act 2003 passed the responsibility for licensing from a national telephone survey of police licensing officers; Magistrates’ Courts to local authorities. It simplified the licensing law by introducing a single premises licence – covering the findings from the British Crime Survey (BCS) Night Time provision of alcohol, regulated entertainment and refreshments Economy module covering periods before and after late at night – in place of the six types of licence that previously implementation; and existed. Crucially it replaced the statutory licensing hours with opening hours set locally through the conditions of individual detailed case studies of the experience of five towns and licences. It also gave the licensing authorities new powers over cities. licensees, and encouraged partnership-working between the local authority, the police and others.
The views expressed in this report are those of the authors, not necessarily those of the Home Office (nor do they reflect Government policy). Research, Development and Statistics improves policy making, decision taking and practice in support of the Home Office purpose and aims, to provide the public and Parliament with information necessary for informed debate and to publish information for future use. © Crown copyright 2008 ISSN 1756-3666 ISBN 978-1-84726-612-5 March 2008
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The impact of the Licensing Act 2003 on levels of crime and disorder: an evaluation
The new licensing authorities were expected to grant the Impact on levels of alcohol-related crime and licences requested by licensees unless there were well-founded disorder: the national picture objections that doing so was inconsistent with the Act’s four licensing objectives: In July 2007, the Home Office published findings from an analysis of data collected from a self-selecting sample of police to prevent crime and disorder; forces. Comparing the 12-month periods before and after the change, the survey of 30 police forces shows a one per cent fall to promote public safety; and in recorded incidents involving violence, criminal damage and harassment, and a fall of five per cent in serious violent crimes. to prevent public nuisance. The timing of incidents of crime and disorder has changed, however. There was a one per cent rise in the overall number of incidents occurring between 6pm and 6am, and a steep rise Although it was the abolition of standardised licensing hours in the small minority of incidents occurring in the small hours that gave rise to fears about ‘24-hour drinking’, the aim was to (3am or later). Thus for the – well-measured – category of more liberalise a rigid system whilst reducing the problems of rapid serious crimes of violence, there was an increase in the number drinking and disorder associated with a standard closing time. of offences committed between 3am and 6am that was small in Staggered pub and club closing hours were intended to avoid absolute terms (236 incidents) but large in proportionate terms the closing time melées that created such problems. It was also (25%). The peak time for serious violent crime shifted forward hoped that the move away from limited, standardised drinking by about an hour. hours would discourage excessive drinking and encourage a more relaxed, southern European-style drinking culture, over the The 30-force survey showed an overall seven per cent increase longer term. in recorded harassment offences in the year after the change, but this is best interpreted as a consequence of the deployment of new police powers, notably the ability to issue penalty notices Impact on licensing hours and consumption for disorder (PNDs) which are a tool used by the police to tackle low level offending and anti-social behaviour, including Overall, there was a modest increase in opening hours. drunken and rowdy behaviour. According to a DCMS snapshot survey of a small number of licensing authorities conducted shortly after the changes, only Although some studies showed increases in alcohol-related a very small minority of pubs and clubs applied for 24-hour hospital attendances and ambulance call-outs, a survey of 33 A&E licences. A fifth stuck with their old 11pm closing time, and half departments across England and Wales found a two per cent applied for an hour’s extension to midnight. The remaining 30 fall in assault related injury attendances in 2006 compared with per cent opted for 1am closing. These times represented the 2005, this fall being concentrated amongst women. latest that establishments could serve alcohol. Some licensees exercised this right only rarely and others used the extension According to the BCS Night Time Economy module, there was as a ‘winding down’ period. The most recent DCMS statistics also no change following the introduction of the Act in the indicate that only 470 pubs, bars and nightclubs have 24-hour proportion of people feeling unsafe in town centres at night, licences. An analysis of closing times commissioned by the DCMS or in the proportion of people witnessing drunken anti-social in November 2007 found that most licensed premises continued behaviour in town centres. to close at 11pm and the rest extended their opening hours by half an hour or an hour. Actual closing times across all types of establishment were extended on average by 21 minutes. Impact on levels of alcohol-related crime and disorder: the five case studies The British Crime Survey (BCS) Night Time Economy module suggests that there has been no change in frequency of pub In the first year of the new licensing regime, overall problems usage. There are indications that some people now drink later of crime and disorder did not increase. In aggregate, the five into the night – as one would expect given that some premises case study sites show little change. Overall, violent crime fell by are staying open for longer – though according to two YouGov three per cent; this masked increases in three sites – statistically surveys conducted for the British Beer and Pub Association significant in only one – offset by falls in the other two sites. (BBPA) more than four out of five of the population think Calls to the police relating to disorder either did not change or that the new provisions have not encouraged them to change showed statistically significant reductions – with the exception their drinking patterns. The General Household Survey, which of a significant increase in one site in the latter part of 2006. includes self-report data on alcohol consumption, suggests that There is evidence of temporal displacement: in four out of five the average amount of alcohol consumed per person fell slightly sites there was a fall in levels of violent crime between 11pm and between 2005 and 2006. BBPA statistics derived from HM midnight; and the small proportion of violent crimes occurring Revenue & Customs (based on excise duty returns) also show between 3am and 5am grew in the year after the change. that the fall in alcohol consumption in licensed premises that Although we cannot know for certain it seems likely that this is a began in 2005 continued into 2006. consequence of the extension of licensing hours.
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The evaluation assembled information either from hospital A&E Conclusion departments or from ambulance services for the five case study sites. The data appear volatile, and trends are often inconsistent Whilst some indicators point in different directions, the overall with those found in police data. Trends were stable in two sites conclusion to be drawn from the evaluation is that in their first and marginally upward in a further two. Relevant episodes at year the changes introduced by the 2003 Licensing Act had only the A&E department in the fifth site doubled, however. Violent small effects on the opening hours of most pubs and clubs, on crimes recorded by the police in this site also increased in 2006 levels of alcohol consumption and on alcohol-related problems – though not as steeply as A&E incidents. of crime and disorder. Some crime has been displaced into the small hours, but overall levels of crime associated with the Residents surveyed in three out of five case study sites were night-time economy remain largely unchanged, and there has less likely to say that drunk and rowdy behaviour was a problem also been a small fall in serious crimes of violence – possibly as a after the change than before it, and the majority in all five sites consequence of the extension of licensing hours. thought that alcohol-related crime was stable or declining. Generally, people working in the night-time economy and those involved in its regulation generally thought that alcohol-related problems had remained stable or declined.
How does our experience match with other countries?
The evidence from those countries that have moved from strict opening hours to a more relaxed regime, such as Australia, New Zealand, Scotland and Iceland, is that liberalised regimes tend to result in higher levels of consumption and more alcohol-related problems of crime and disorder. It may be that the scale of the change in England and Wales to date has been much smaller than in these jurisdictions. Equally, parallel initiatives to promote sensible drinking and to manage the night time economy may have counterbalanced pressures for heavier drinking and associated problems. It is also possible that marked effects of the change will emerge only over a longer period.
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The impact of the Licensing Act 2003 on levels of crime and disorder: an evaluation Mike Hough, Gillian Hunter, Jessica Jacobson, Stefano Cossalter, ICPR, King’s College London
1. Introduction statutory licensing hours with opening hours set locally through the conditions of individual licences. It was this provision that gave rise to fears about ‘24-hour drinking’, although the aim was The Licensing Act 2003 was introduced in November 2005. to liberalise a rigid system whilst reducing the problems of rapid Responsibility for the legislation falls to the Department for heavy drinking and disorder associated with a statutory closing Culture, Media and Sport (DCMS) – where the topic is the time. The intention of the Act was not simply to relax drinking responsibility of the Licensing Minister. The DCMS had its own hours but to provide licensing authorities with new powers programme of monitoring and evaluation, including a ministerial to deal with problematic licensed premises and to encourage monitoring group and detailed examination of the experience closer partnerships between the range of authorities who tackle of ten ‘Scrutiny Councils1’. The Home Office role relates largely alcohol-related problems. to the problems of crime and disorder associated with alcohol, and in 2005 the Home Office put into place a programme for Problems associated with pub closing times had been a source evaluating the Act’s impact on crime and disorder. This report of concern for many years. On the one hand, the simple fact of presents the results of the Home Office evaluation, covering the a closing time was thought to encourage some to drink as much periods two years before and one year after the change. as they could whilst they could. On the other hand, standardised closing times meant that large numbers of - mainly young - people in various states of drunkenness in towns and cities were The Licensing Act decanted into open public space and onto public transport simultaneously, an obvious recipe for alcohol-fuelled violence and Under the Act, each local authority is required to publish, every disorder. three years, a ‘statement of licensing policy’, which must have regard to the Secretary of State’s guidance on the Act and reflect The expansion in the 1990s of night time economies had been local consultation with interested parties. Licensing functions are encouraged by licensing and planning policies (ODPM, 2004). to be carried out by local authorities with a view to promoting From 2000, however, concerns were voiced within national four licensing objectives: and regional government, by academics and the wider public about the negative repercussions of these developments. prevention of crime and disorder; There was concern not only about the disorder and violence associated with high levels of alcohol consumption by young public safety; people but the emergence of city and town centre districts containing concentrations of (often large-scale) entertainment prevention of public nuisance; and venues, frequented predominantly by young customers. More flexible pub and club closing hours were intended to avoid the protection of children from harm. closing time melées, discourage excessive drinking and, in time, encourage a more relaxed drinking culture. Thus the Act has an explicit preventive philosophy embedded in its provisions. It simplified licensing law by introducing a single Under the provision of the Act, the responsibility for licensing premises licence – covering the provision of alcohol, regulated was passed from magistrates’ courts to local authorities. These entertainment and refreshments late at night – in place of the new licensing authorities were expected to grant licences six types of licence that previously existed. Crucially, it replaced unless there were well-founded objections that doing so was inconsistent with the Act’s four licensing objectives. The Act also 1 See DCMS: http://www.culture.gov.uk/what_we_do/Alcohol_entertainment/ monitoring_and_evaluation/scrutiny_councils.htm introduced a range of offences and sanctions to control alcohol-
The views expressed in this report are those of the authors, not necessarily those of the Home Office (nor do they reflect Government policy). Research, Development and Statistics improves policy making, decision taking and practice in support of the Home Office purpose and aims, to provide the public and Parliament with information necessary for informed debate and to publish information for future use. © Crown copyright 2008 ISSN 1756-3666 ISBN 978-1-84726-612-5 March 2008
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The impact of the Licensing Act 2003 on levels of crime and disorder: an evaluation related problems, including the power to place conditions on the British Crime Survey (BCS) Night Time Economy licences to ensure that the four licensing objectives are met, the Module: an additional set of questions which were included extension of police powers to close premises associated with in the 2004/05, 2005/06 and 2006/07 surveys, covering noise and disorder and increased penalties for selling alcohol people’s experience of, and attitudes to, the night time to those aged under 18. There was a much greater emphasis economy (referred to hereafter as the BCS NTE module). on preventive strategies than hitherto, and an expectation that the new arrangements would stimulate effective partnership The main BCS also permits quite fine-grained analysis of crime work. The legislation also gave a greater voice to the public: the trends, broken down by time and location, although it is too powers of local residents were enhanced to enable them to ask early to mount analysis of this sort in relation to the Act. for reviews of existing licences and to have input into decisions on licensing applications. A central element was a series of detailed case studies conducted in Birmingham, Blackpool, Croydon, Guildford and One important provision in the Act was the introduction Nottingham (three of these are also DCMS Scrutiny Councils). of Cumulative Impact Policies, whereby a local authority, The five sites were thought to be sufficient in number to provide in consultation with others, can identify areas where a an overview of experiences of the Licensing Act in different concentration of licensed premises is considered to be causing types of towns and cities facing different levels of violent crime. a cumulative impact on one or more of the licensing objectives. The sample was intended to be illustrative rather than nationally In such circumstances, where representations are made, the representative – although we have no reason to think that with presumption is to refuse applications for new licences, or regard to the implementation of and their experience of the Act variations to existing ones, unless the applicant can demonstrate these areas were atypical. Work on the case studies was carried that they do not add to the cumulative impact. The aim is to out by various independent researchers and by Home Office encourage a more mixed and diverse night time economy by researchers, and included: encouraging other types of businesses to open. detailed spatial and temporal analysis of ‘time-stamped’ recorded crime data, mounted by the Applied Criminology Methods Centre, University of Huddersfield;
The evaluation had several strands to it. Information about the post-implementation qualitative interviews with a limited national picture is drawn from several sources, some of them number of representatives from licensed premises, already published: mounted by the Applied Criminology Centre;
most notably a survey of 30 police forces, covering violent analysis of health service data, mounted by the Applied crime, disorder and criminal damage for the period from Criminology Centre; October 2004 until November 2006 (Babb, 2007). This provides the most comprehensive analysis of relevant ‘before and after’ telephone surveys of residents carried statistics of recorded crime; out by the British Market Research Bureau (BMRB);
a large-scale survey of incidents of violence as reflected ‘before and after’ in-depth qualitative interviews with in A&E statistics conducted by the Violence and Society licensees and representatives from other night time Research Group at Cardiff University (Sivarajasingam et al., economy businesses which were located in the main night 2007); time economy areas, carried out by Cragg Ross Dawson;
Department for Transport statistics on injuries and deaths ‘before and after’ in-depth qualitative interviews by caused by drunken driving; researchers from the Home Office with representatives from the responsible authorities designated under the Act, a Home Office telephone survey of police licensing the licensing authority, the Crime and Disorder Reduction officers in 26 of the 43 police forces in England and Wales Partnership (CDRP), the Drug and Alcohol Action Team six months after the implementation of the Act; (DAAT) and the town centre manager; and
a survey of local authorities commissioned by the Alcohol additional data from police and health authorities Education and Research Council (AERC) (Foster et al., 2008); assembled by Home Office researchers.
the British Crime Survey (BCS), which is a national, large- We have drawn on various independent local evaluations. Two scale survey of victimisation, which provided information of these were conducted by Home Office Regional Government on long-term trends in violent crime; and Office researchers in the East of England and Yorkshire and the Humber regions (Pike et al., 2008). There have also been analyses of local heath authority data, and interview studies with local authority and health staff (e.g. Bellis et al., 2006; Newton et al., 2007, London Ambulance Service, 2007).
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Finally, the Home Office commissioned the Institute for Criminal passed, there would have been a ‘steady state’ covering the Policy Research (ICPR), King’s College London to carry out periods before and after the change. However, supporters of the a review of the relevant literature on how to tackle alcohol- legislation might argue that the Act has prevented the worsening related crime and manage the night time economy, and to pull of problems of crime and disorder. Equally, sceptics could argue together and summarise the findings of the various strands of the Act has disrupted a declining trend. There is not much that the evaluation. This report is the result. We have drawn on all can be done to address these problems, except to examine the material that appeared to be relevant, including work mounted direction of long-run trends surrounding the period of change independently of government. Necessarily, this short report only and to see if clues can be gleaned from variations between areas summarises the key findings. Tables and charts relating to the case in the intensity with which the changes were put into place. study areas are detailed in Appendix A and information about the evaluation’s methodology can be found in Appendix B, both of Finally, the evaluation covers only the short-term impact of the which can be found online at http://www.homeoffice.gov.uk/rds/ changes. Its overall message – that there has been little change – horrpubs.html does not rule out the possibility that in the longer term there may be more marked changes – whether malign or benign – resulting There are also reports which present detailed findings on each from the overhaul of licensing arrangements. Cultural change can of the five case study areas (Jacobson et al., 2008, Newton et al., happen at a slow pace, and patterns of drinking may evolve in 2008a-d). In addition, there are further reports by the Applied response to the new system over a long period of time. Criminology Centre, University of Huddersfield which present detailed findings from the temporal and spatial analysis of recorded crime data in each of the case study areas (Newton et The shape of this report al., 2008e-k, Newton and Hirschfield, 2008). Chapter 2 summarises what can be said about the experience of implementation, and traces what can be said about the impact on Strengths and weaknesses of the evaluation licensing hours – and, insofar as data are available, upon alcohol consumption. Chapter 3 draws on a range of national or near- The evaluation has both strengths and weaknesses. A significant national statistics to assess the impact of the Act on the country strength is the range of information upon which it draws: as a whole. Chapter 4 presents the findings from the case national and local surveys and both quantitative and qualitative studies on alcohol-related crime and disorder. This chapter offers data from the police, local authorities and health authorities. depth of analysis but limited breadth of geographical coverage. The case studies offer sight-lines on the process from several Its findings are illustrative of the variation that occurs at a different vantage points, permitting a considerable degree of local level; the case studies in aggregate are not intended to be ‘triangulation’ in building an account of the Act’s impact. The nationally representative. Chapter 5 discusses the experience of work conducted in the case studies was undertaken by a other countries that have introduced similar measures. Chapter number of researchers from different organisations. This final 6 is more discursive, offering the researchers’ interpretation of report, which pulls together and makes sense of the findings, was the findings. produced by an independent team of researchers.
In terms of weaknesses, the evaluation is unable to answer counterfactual questions about what would have happened in the absence of any changes to the licensing laws. Implicit in the evaluation is the assumption that if the Act had not been
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2 Implementation: impact on most applications for new licences were submitted in the days immediately before the deadline, and there were licensing hours and consumption no extra resources to deal with the consequent spike in workload; This chapter draws largely on the findings of the five case study sites to describe the process of implementation, and the effects the quality of the application forms submitted was of the Act on opening hours and on alcohol consumption. At the described as poor for smaller or independent premises time of writing there was limited information on consumption and variable for larger firms. For example, large pub for the year following the change. chains employed the services of solicitors to complete all their applications, thus limiting detail about specific local circumstances; The implementation process in case study areas the submission process was overly complicated The case studies provide a detailed view of the changes to (applications had to be sent to the LA and each of the licensing from the perspective of people working in the trade RAs) and the accompanying guidance was not always clear; and those responsible for its regulation. In-depth qualitative interviews with licensees and other business owners generally there was insufficient time to review applications and raise showed enthusiasm about the prospect of more flexibility objections to Temporary Events Notices (TENS);3 (before the change) and satisfaction with the new arrangements (once introduced). According to these interviews, the Act was the Act was, however, considered to encourage joint implemented against a backdrop of existing local and national agency working between the LA and RAs and to initiatives designed to address problems associated with late- encourage better relationships with the alcohol trade; night drinking, including the following: the review process4 was highlighted as beneficial in all the the Best Bar None award scheme to encourage responsible case study areas, although there was a cost for the LA retailing; attached to this process which had to be taken into account when deciding what reviews should be undertaken; Pubwatch schemes with the aim of achieving safer drinking environments; the ability for the RAs to add conditions onto premises’ licences to ensure the four licensing objectives were met the introduction of a ‘gentleman’s agreement’ among some (e.g. with regard to the prevention of crime and disorder licensees not to offer discounted drinks after 8pm on licensing objective the police could request, for example: Friday and Saturday nights; the use of door supervisors, providing notice to police of use of extended hours, installation of CCTV, or impose the introduction in 2003 and 2004 of new police powers a final time for entry into premises, such as 11pm) was for issuing Penalty Notices for Disorder (PNDs) – or ‘on perceived as a key advantage of the Act, and the LAs and the spot’ fines; RAs reported using these to tackle local area problems; and the introduction of Security Industry Authority (SIA) accredited door supervisors in 2004 and 2005; and overall, it was generally agreed that the Act had supported the effective management of the night time economy and the Home Office-funded Alcohol Misuse Enforcement the crime reduction initiatives that were already in place. Campaigns (AMECs), which included test purchase operations at on- and off-licences and increased use of Independent regional or local evaluations involving interviews penalty notices for disorder. Also, in Nottingham the Home with a range of stakeholders paint a similar picture: teething Office funded the Tackling Violent Crime Programme problems followed by recognition of the benefits of the new (TVCP) which included police enforcement operations. system (e.g. Greenaway and Handley, 2007; Morleo et al., 2007). For example, the shift in responsibility for licensing decisions Home Office researchers conducted interviews in the case study from magistrates to local authority was regarded as being more areas before and after the changes with key representatives of efficient and as facilitating partnership working among the relevant Licensing Authorities (LA) and Responsible Authorities (RA) local agencies. However, the extent of participation in licensing (Police, Fire, Trading Standards, Environmental Health, Social meetings of potentially interested parties was variable; it was Services, Planning) and the Crime and Disorder Reduction thought likely to diminish further over time and there was also Partnerships (CDRPs) and Town Centre Managers.2 The main some concern expressed about exclusion of stakeholders with points to emerge are as follows: 3 TENS are used to authorise small-scale ad hoc events. The organiser must submit a notice and fee to the LA ten days in advance of the event. The ‘light touch’ procedure introduced by the Act replaced a much more formal application process for temporary licences. 2 Interviews were conducted after implementation with licensing authorities, 4 DCMS LA guidance http://www.culture.gov.uk/Reference_library/Publications/ police, CDRP and DAAT staff and the Town Centre Manager. archive_2007/guidancesection182_licact03june07.htm
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Research Report 04 March 2008 an interest in health and social problems. The Scrutiny Councils5 The DCMS commissioned further work from CGA Strategy Ltd, reported a number of positive developments since the Act, a consultancy which maintains a large database on the operation including the fact that residents were now more aware of their of pubs, bars, clubs, restaurants and hotels. This work (CGA, rights with regard to licensed premises and licensees more aware 2007) found that on a typical Saturday night 56 per cent of on- of their responsibilities and that the police and other Responsible licensed premises continued to close at 11pm and that most of Authorities have engaged well with the licensing process.6 the remainder had extended their opening by half an hour or an hour. Pubs, bars and nightclubs stayed open for just under half an Foster et al. (2008) conducted a national survey of local hour on average; registered clubs stayed open for almost an hour authority areas on behalf of the Alcohol Education and Research longer, whilst hotels and restaurants showed very little change. Council.7 Whilst this collected perceptions rather than factual data, it represents an important source of information about Home Office researchers carried out a telephone survey of the implementation process. The survey paints a picture police officers with responsibility for licensing in 26 of the 43 (unsurprisingly) of increased local authority influence over police force areas. The 27 respondents reported that the Act had licensing decisions. However, respondents also thought that other resulted in the following main changes.9 key stakeholders were now involved in the process, notably the police and residents. A clear exception to this was the perceived Most premises used the opportunity to extend their opening lack of involvement of health professionals. Only a minority hours: 63 per cent of survey respondents reported that at thought that licensing had become a party political issue. The least 70 per cent of premises in their area had applied to same survey indicated that a cumulative impact area had been vary their hours, although in some areas this was as low as adopted by only 17 per cent of local authority areas, the majority 10–20 per cent, with the remainder of premises applying of which were in urban areas and, unsurprisingly, they were for straight conversions. created in response to concerns about crime and binge drinking. The number of extra hours applied for was low: the majority reported that pubs and clubs had generally applied for Opening hours one or two extra hours of trading, with pubs now closing between 12am and 1am and clubs closing between 3am The interviews with licensees and those involved in the and 4am. regulation of licences provide a clear sense of the way in which – despite a great deal of media attention to the impending Only a minority of premises requested 24 hour licences: changes – the process of moving to the new system was carried generally, it was reported that few on-license premises had out very much at the last minute. Many applicants made rapid applied for or obtained 24-hour licences. Supermarkets decisions as the deadline loomed, which were informed neither were most frequently reported as having applied for 24- by a clear idea of the strength of the demand for extended hour licences, followed by off-licences. drinking hours nor by a sense of the practicability of keeping their establishments open for longer. Extra hours were not routinely used: the majority of respondents (87%) reported that premises were using Fears about large numbers of pubs being open 24 hours have their new hours at the weekend only or for particular not been met. According to a limited DCMS survey carried occasions such as parties (26%), bank holidays (22%) and out shortly after the change, of the 200,000 premises licences sporting events (17%). in place (including off-licences, hotels and supermarkets) only 1.5 per cent had applied for 24-hour licences, of which around This mirrors the situation in the five case study sites. For a fifth were for pubs and clubs.8 A fifth of pubs, bars and clubs example, in all of the areas, it was reported that the premises stuck with their old 11pm closing time, and half applied for an that had been granted extensions were not using their additional hour’s extension to midnight. The remaining 30 per cent opted hours fully. In four of the case study sites, around half of all extra for a 1am closing (DCMS, 2006). These times represented the opening hours applied for were used (47% in Birmingham, 48% latest that establishments could serve alcohol. Some licensees in Blackpool and Croydon and 55% in Guildford) and in one site exercised this right only rarely and others used the extension (Nottingham) only about a third of extended hours were used as a ‘winding down’ period. In November 2007, DCMS published (34%). Looking specifically at the 15 licensed premises in town more authoritative statistics, based on returns from 87 per cent and city centres of each site with the worst problems of crime of licensing authorities, and these show that only 470 pubs, bars and disorder, these used only half of the additional hours for and nightclubs had 24-hour licences (DCMS, 2007). which they applied. 5 A group of ten councils invited by DCMS to help in monitoring the impact of the Licensing Act. Post-implementation qualitative interviews with 105 licensees 6 DCMS are planning a further survey of the Scrutiny Councils to assess and other night time economy business owners in these sites progress two years after implementation. found that almost all bars closed later at the weekend than they 7 Sixty-three per cent of authorities participated, with information provided for the most part (74%) by heads of licensing teams or in some cases by chairs of did before the Act, with a greater degree of staggering in most licensing committees (23%). 8 The survey, which was sent to all Licensing Authorities in England and Wales, 9 There were two respondents in the Metropolitan Police, making a total of achieved only a 28 per cent response rate, so its findings must be treated 27 respondents. The 26 forces accounted for about two-thirds of crime in with caution. England and Wales in 2005/06.
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The impact of the Licensing Act 2003 on levels of crime and disorder: an evaluation areas. However, closing times during the week were invariably “Rather than at 2am having between 30 and 50 thousand earlier with some premises closing before their licensed hours if people thrown onto the streets, that now happens over maybe an trade was poor. This general pattern of business hours was also hour and a half between 1.30am and 3.30am. So obviously the reported in the interviews with LAs and RAs. The flexibility of potential for disorder is lessened, which is better.” closing times was widely appreciated by the licensees: (Chain nightclub, Birmingham. Cragg, Ross, Dawson interviews.)
“We can open till 1am during the week if we wish to. But because Respondents felt overall that there were fewer people coming into the trade is not around, especially midweek, we shut at 11pm.” town and city centres at night, possibly as a result of local pubs (Chain pub, Nottingham. Cragg, Ross, Dawson interviews.) being open later. In their view, these factors taken together meant reduced numbers out on the streets in the city centres at night: Most respondents reported no great increase in trade or profits as a result of extended opening hours, particularly when “The locals aren’t going into town as much as they used to assessed against the additional overheads required for staying because the pubs on the periphery, that used to be the meeting open longer. They also observed that customers tended to have point for people going into Blackpool, now shut at 1am…So a finite budget for alcohol; they might stay out later but this did obviously local people are stopping locally.” not necessarily mean they would buy more drinks over that (Taxi company, Blackpool. Cragg, Ross, Dawson interviews.) period: “Where people on Friday night had to come into the city centres “What I see happening now is that people start leaving at 1.30am, or up the high street to get a drink past 12am or 11pm, now they but now some people stay and take a bit longer over their last can drink locally until 1am. There is no rush anymore and no taxi drink. I don’t see a big upturn in my takings.” fare home so that saves them £20 or £30.” (Chain pub, Birmingham. Cragg, Ross, Dawson interviews.) (Chain nightclub, Birmingham. Cragg, Ross, Dawson interviews.)
“People have only a certain tolerance level and also they judge by It was also noted that dispersal was ‘age-staggered’, with younger their pockets; £20 to spend is £20 to spend.” customers more likely to take advantage of the extended hours (Chain nightclub, Guildford. Cragg, Ross, Dawson interviews.) than older customers:
“People my age [30s] would probably be used to going home Impact on drinking behaviour and the night about 2am, but the younger generation are used to staying out time economy much later, till 3am or later...” (Chain pub, Birmingham. Cragg, Ross, Dawson interviews.) Licensee and business respondents perceived some changes in the patterns of drinking as a result of the Act. For example, there was a general view amongst licensees that people were going out Consumption and participation in the night later; many reported that busy drinking periods started an hour time economy or so later than before the Act was implemented: There is some evidence about overall levels of alcohol “I honestly think that people are definitely coming out later. They consumption since the introduction of the Act. The General have one or two bottles of wine at home or a few drinks…We’ve Household Survey (GHS), which includes self-report data noticed that people used to come in at 8pm and now that has on alcohol consumption indicates a fall of six per cent in the shifted towards 10pm.” average number of units of alcohol consumed per week between (Chain pub, Birmingham. Cragg, Ross, Dawson interviews.) 2005 and 2006 (Goddard, 2006).10 Using the revised method of calculating average units per week this fall just reaches “When we had the 11pm licence, we would be busy by 8pm, now statistical significance.11 The British Beer and Pub Association we don’t peak till 9pm or 9.30pm. So now people are tending to (BBPA) statistics on the consumption of alcohol in the United come out later because they know they’ve got that extra hour and Kingdom as a whole (BBPA, 2007a) provide estimates of overall a half compared to what they used to have.” 10 This fall is in line with a slight annual decline shown in the GHS since 2002. (Chain pub, Croydon. Cragg, Ross, Dawson interviews.) Goddard (2006) suggests that this fall may be an artifact of the increase over this period in the size of pub measures of wine. The methodology for It was also noted that leaving the pub had become a more calculating units has now been revised and the new methodology takes gradual process either because of a local strategy of staggered into account the increase in the size of the glass in which wine is served on licensed premises and the increase in the alcoholic strengths of wines, beers, closing time or because few people had the stamina or financial lagers and ciders. However, the fall in units consumed between 2005 and resources to take advantage of the extended opening hours: 2006 is approaching six per cent according to both the old and new method (see Goddard, 2007, for a description of the new method and for 2005 figures “I think people are leaving when they want to leave rather than calculated according to this method). 11 Although the fall is statistically significant, it would be unwise to attach a being kicked out. We used to chuck the whole bar out at 1am”. great deal of weight to a change over one year in average units consumed per (Chain pub, Guildford. Cragg, Ross, Dawson interviews.) week. A more robust analysis is planned by the Office for National Statistics (ONS), which will examine change over the time in the alcohol consumption of the ‘embedded panel’ of respondents who took part both in the 2005 and 2006 GHS.
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Research Report 04 March 2008 consumption, based on HM Customs and Revenue statistics increase since the 2004/05 survey in the proportion of people (derived from excise duty returns).12 These indicate that UK who visit town centres in the evenings. Most respondents in consumption fell by 3.3 per cent in 2006. This comes on top of both survey periods felt safe when out in the city centre at night. a two per cent drop in 2005.13 Equivalent estimates for on-licence premises only again show a peak in 2004, followed by a 2.2 per Telephone surveys of residents in the five case study areas were cent fall in 2005 and a 3.8 per cent fall in 2006. carried out before and after the implementation of the Act.16 Respondents reported few statistically significant changes in There are indications that some people now drink later into behaviour after the introduction of the Licensing Act and some the night – as one would expect given that some premises positive perceptions of the Act’s impact on drinking patterns. are staying open for longer. However, two YouGov surveys conducted for the BBPA have found little behavioural change. There was no statistically significant change in the In the first, conducted in November 2006, 85 per cent percentage who had visited the city centre in the evening of respondents thought that the new provisions had not nor in the proportion of those who visited the city centre encouraged them to change their drinking patterns (BBPA, regularly. 2006).14 The second, conducted a year later (BBPA, 2007b), found a broadly similar picture, with 83 per cent saying that the There were some changes in some of the areas regarding change has not affected how often they go out. Four out of five the times at which respondents reported leaving the city respondents said they drank the same amount of alcohol, 12 per centre at nights. For example, in Guildford and Blackpool cent said less and three per cent more.15 there was an increase in the proportion who reported leaving after midnight. The BCS NTE module shows that there has been no change in frequency of pub usage. For example, in 2006/07, 53 per cent The majority of respondents who had visited the city or of respondents aged 16 years and over had visited a pub or bar town centre in the last 12 months and who said they went in the month prior to interview, representing no statistically to pubs, bars and clubs agreed that rapid drinking close to significant change from 2005/06 and a decrease from 54 per last orders had decreased since the introduction of the cent in 2004/05. Among the more ‘regular’ drinkers in the 16- to Licensing Act and only a minority (between 7% and 16% 30-year age group, the proportion reporting getting very drunk across the sites) reported increasing their consumption in the 2006/07 survey was not statistically significantly different of alcohol on a ‘typical night out’ since the introduction from the 2004/05 survey. There is evidence, however, of an of the Act. When asked about their overall consumption of alcohol, four out of five reported no change in their 12 See http://www.uktradeinfo.com/index.cfm?task=bulletins for source data drinking behaviour; a small minority reported increased from HMR&C. drinking and a smaller minority reported a decrease. 13 http://www.beerandpub.com/content.asp?id_Content=3011&id_ ContentType=40 14 The survey used internet quota sampling methods using the YouGov panel, with a sample of 2,095. 16 Sample sizes were 3,495 (pre) and 3,760 (post) across the five sites, with 15 The survey used the same methodology as in the previous year, with a sample response rates respectively of 45 per cent and 38 per cent. The final samples of 1,841. Response rates were under 50 per cent in both surveys. were weighted to improve representativeness.
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3. Alcohol-related crime and At the end of the chapter some reference is also made to the disorder: the national picture growing number of regional or local evaluations.
Whilst the case studies discussed in the next chapter can The 30-force survey provide depth and texture about the impact of the Act on alcohol-related crime and disorder, these cannot provide a The Home Office mounted this survey from late 2005 onwards. reliable guide to experience across the country as a whole. For Police forces were asked to return ‘time-stamped’ monthly this, nationally representative statistics are needed. There is now recorded crime figures for the following offences: serious a growing body of national or near-national information about violent offences; less serious wounding; assault without injury; the impact of the Act. As described in the introduction, this harassment; and criminal damage (providing a proxy indicator chapter draws on a range of sources: of alcohol related offences).17 The survey covered 12-month periods before and after the introduction of the changes. the survey of 30 police forces (Babb, 2007); In aggregate, across all times of day, there was a slight fall (of 1%) the survey of violent incidents handled by A&E in these five categories of recorded crime in the 30 forces. There departments conducted by the Violence and Society was a slight rise (of 1%) for offences occurring between 6pm Research Group at Cardiff University (Sivarajasingam et al., and 6am. Figure 1 shows three-monthly trends over the two- 2007); year period, breaking the night time period into four three-hour periods. Despite fluctuation in the number of recorded offences department for Transport statistics on injuries and deaths there is very little change in offending rates prior to 3am. caused by drunken driving; Offences occurred rarely between 3am and 6am, representing around three per cent of the total prior to the change and four the Home Office survey of police licensing officers; per cent of the total post implementation of the Act; however, for this minority there was a step-change in December 2005, the survey of local authorities commissioned by the AERC (Foster et al. (2008); and 17 Although the sample of 30 forces was self-selecting, it includes the three largest forces in the country and many of the smaller ones. Participating forces accounted for just under 75 per cent of recorded crime in the England findings from the British Crime Survey (BCS). and Wales. Figure 1: Number of offences in three-monthly periods by time of night
90,000 x x x x x 80,000 x x x 70,000 x x x x 60,000 x x x x
50,000
40,000 Numbers
30,000
20,000
10,000
0 Dec 04 - Mar 05 - Jun 05 - Sep 05 - Dec 05 - Mar 06 - Jun 06 - Sep 06 - Feb 05 May 05 Aug 05 Nov 05 Feb 06 May 06 Aug 06 Nov 06 Three-month periods
6pm-8.59pm x 9pm-11.59pm x 12am-2.59am 3am-5.59am
Source: Babb (2007)
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Research Report 04 March 2008 numbers rose by 10,235 – an increase of 22 per cent in the 12 daytime. What increases there were tend to be concentrated in months after the change. the small hours. In other words, against a backdrop of very little change, there appears to have been some temporal displacement, Murder, manslaughter and serious wounding pushing a small proportion of offences forward into the small One of the strengths of the survey is that it allows analysis hours. Although we cannot know for certain it seems likely that separately of more and less serious violent offences. The more this is a consequence of the extension of licensing hours. serious offences are generally more consistently recorded, and are less likely to reflect the impact of policing activity. Thus one can interpret trends with more confidence. Trends within The A&E survey offence subgroups varied. Murder, manslaughter or serious wounding made up a small minority (1%) of all violent offences. This survey involved a structured sample of 33 A&E departments This category of offences fell by five per cent (631 offences) across England and Wales conducted by the Violence and Society over the evening and night time periods in the 12 months after Research Group at Cardiff University (Sivarajasingam et al., the change. As with the totality of violent offences, however, 2007), and compared numbers of people treated for injuries there was an increase in the small numbers occurring in the sustained through assault in 2006 with the previous five years. small hours: between 3am and 6am, there was an increase of 236 The survey covered 44,000 attendances, around one in eight of offences, representing a 25 per cent rise. the estimated national total.18 The survey found a two per cent fall in attendances in 2006, compared with 2005. The fall was Less serious wounding and assaults with no injury concentrated amongst women – where there was an eight per The larger category of less serious offences of wounding rose cent change. The trend for males was flat. The report concluded from November 2004 until November 2005 and then fell; in that “there is little evidence to suggest that the 2003 Licensing absolute terms there were 8,719 fewer offences between 6am Act had any significant effect on violence-related injuries in and 6pm, a fall of three per cent; the increase between 3am and England and Wales” (Sivarajasingam et al., 2007: p.6). 6am was 3,601, or a rise of 26 per cent. Daytime offences fell by eight per cent. Assaults with no injury fell consistently from These findings are consistent with a smaller study by Bellis et al. November 2004 until May 2006, and then showed a shallow (2006), though some individual A&E departments and localities upturn. have seen large rises. For example, Newton et al. (2007) report a threefold increase in the number of night time alcohol-related Harassment attendances at a London hospital in March 2006 compared with Offences of harassment showed a steady increase from the same month in 2005. The London Ambulance Service also November 2004 until November 2005, and then plateaued. reports a two per cent increase in alcohol-related call-outs in This pattern is likely to reflect the increased used by the police the first ten months following the changes – in line with a pre- of Penalty Notices for Disorder (PNDs) for incidents that existing upward trend – and a further ten per cent increase in would previously have been dealt with in other ways. Looking the same ten month period from 24 November 2006.19 specifically at harassment offences committed in the evening and night time, the upward trend continued after the licensing change: overall, evening and night time offences of harassment Department for Transport (DfT) statistics on increased by 7,127, or seven per cent. injuries and deaths caused by drunken driving
Criminal damage Provisional DfT figures for 200620 show a four per cent fall For criminal damage offences the overall numbers fell by one from 2005 in the number of people killed or seriously injured per cent in the year after the change, from 832,000 to 826,000. in personal injury accidents involving drink-driving. The number While there were larger falls in the numbers of offences during of deaths resulting from such accidents fell from 550 to 540 – a the daytime, there was a two per cent increase across evening fall of two per cent. The number of slight injuries arising from and night time hour periods. Within the night time period there drink-drive accidents fell by seven per cent. It is impossible to was a 14 per cent increase (representing 3,400 cases) in the say whether these reductions can be attributed in any way to the small number of offences occurring between 3am and 6am. As Licensing Act, but these statistics constitute prima facie evidence with harassment, some of the increase in offences of criminal that the changes have not caused a significant increase in such damage will reflect the increased use of PNDs. accidents.
In summary, this important near-national set of evidence shows a lack of marked change overall in levels of crime. Looking specifically at the period between 6pm and 6am, recorded violent crime involving injury has fallen and assault without injury shows no change. Harassment offences rose – very probably 18 The sample was drawn from a subset of A&E departments that were committed to statistical work of this sort, and it may not be representative of reflecting the greater police use of new powers to issue PNDs the country as a whole. However, a weighting procedure was used to improve – and criminal damage showed a small increase. In general, representativeness in grossing up estimates to provide national figures. offences committed in the evening or night show less marked 19 http://www.londonambulance.nhs.uk/news/latest/latest.html falls – or marginally larger rises – than offences committed in 20 http://www.dft.gov.uk/162259/162469/221412/221549/227755/Summary_ 2006.pdf
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The British Crime Survey Perceptions of crime and disorder in the BCS Night Time Economy (NTE) module The British Crime Survey (BCS) is considered a more reliable measure of violent crime than police recorded crime, as it is According to the BCS NTE module, there was also no not influenced by changes in police recording, public reporting statistically significant change, post implementation, in the and police activity. Procedures for collating police statistics were proportion of people feeling unsafe in town centres at night, subject to unprecedented levels of change in the period from or in the proportion of people witnessing drunken anti-social 1998 to 2004, though it is probable that recording systems have behaviour in town centres. As Figure 2 shows, only a minority of been more stable since then.21 respondents who went out to town centres in the evening felt unsafe when they did so. Combining men and women, 16 per Unfortunately, for the purposes of this evaluation, the annual cent said that they felt a bit or very unsafe in all three years. BCS reports cannot yet provide estimates of alcohol-related violence for a full year after November 2005. The 2005/06 interviews yield incidents that happened both before and Figure 2: Proportion of people feeling ‘very’ or ‘a bit’ after the licensing change, as do those conducted in 2006/07.22 unsafe in town centres at night However, the most recent BCS quarterly update can very nearly provide an estimate of levels of violent crime post- Men implementation, which can be compared with estimates for 25 the equivalent period two years earlier, which fully pre-dated Women implementation. Interviews conducted between October 20 2004 and September 2005 count incidents occurring between October 2003 and August 2005 – in other words, before the 15 implementation date. These interviews yield an annual estimate of 2,395,000 violent offences (Kara and Upson, 2006). Interviews 10 conducted between October 2006 and September 2007 count Percentage incidents occurring between October 2005 and August 2007 – in other words, very largely after the implementation date. 5 These interviews yield an annual estimate of 2,328,000 violent offences. Adding in snatch thefts, which were excluded from 0 2004/05 2005/06 2006/07 this total – but included in estimates for earlier years – this interviews interviews interviews ‘post-implementation’ figure, 2,407,000, is around the same level as the pre-implementation estimate, and the difference is not statistically significant. Notes 1. Source: 2004/05-2006/07 BCS Night Time Economy (NTE) module. These trends need to be seen in their broader context. There 2. Overall sample sizes: 10,903 (2004/05), 11,870 (2005/06), 11,633 (2006/07). Results are based on respondents who had paid at least has been an overall downward trend in violent crime since 1995 one visit to a town centre in the month prior to interview and (Nicholas et al., 2007). Violence committed by strangers has indicated that they felt ‘very’ or ‘a bit’ unsafe: question sample sizes shown a shallow decline since 1995; levels reported by 2006/07 = 734 (2004/05), 796 (2005/06), 785 (2006/07). respondents were slightly higher than in 2004/05 and 2005/06, 3. Weighted data. In all three sweeps the overall response rate was 75 but slightly lower than 2002/03 and 2003/04. Acquaintance per cent. violence fell steeply between 1995 and the turn of the century, and has been fairly stable since, but with a small (non-significant) upturn in 2006/07. Domestic violence shows similar but less Those reporting that they felt unsafe said they did so when pronounced trends. The proportion of victims of violence who there were a lot of drunken people about (47%), when there thought that their assailant had been drinking has been stable were groups or gangs hanging about (38%) and when there were over the last five years (yielding proportions of 45% for 2002/03 aggressive or threatening people about (27%). Almost one in four interviews, then 51%, 49%, 45% and 46% for successive years). respondents (26%) perceived people being drunk and rowdy in public places in their local area to be a big or a fairly big problem. Many reported that noise or disturbance (66%), fighting between people who are drunk (48%) and verbal abuse (41%) were problems caused by drunk and rowdy people in their local areas. 21 See http://www.homeoffice.gov.uk/rds/recordedcrime1.html 22 Respondents are interviewed about their experiences of crime over the However, there were no statistically significant changes since previous 12 months as well as the current month of interview: incidents in 2005/06. Similarly many respondents reported having seen cans the full 12-month period (excluding the month of interview) are used to and bottles (78%), fast food wrappers (75%) and broken bottles estimate victimisation rates. See BCS 2006-07 Technical Report Volume 1 for or glass being left in the street or thrown into gardens (65%). more details: http://www.homeoffice.gov.uk/rds/pdfs07/bcs0607tech1.pdf Shortly it will be possible to compare interviews completed in the 12 months But again, these findings are the same as for 2005/06. up to the end of November 2005 with those completed in the 12 months up to 24 November 2007, providing ‘clean’ pre-Act and post-Act periods. It should be also possible to analyse trends in incidents associated with pubs and clubs, and those associated with alcohol.
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The Home Office survey of police licensing Regional and local evaluations officers Regional evaluations have been mounted by Home Office The survey of 27 police licensing officers in 26 forces lends researchers in the Government Office for Yorkshire and the further support to the view that the Act had not had adverse Humber and in the Government Office for the East of England effects on crime and disorder. Thirteen of the 27 said that the (Pike et al., 2008). Both studies drew on quantitative and qualitative Act had had a positive effect on crime and disorder, and a sources and assessed the early experiences of the Act in terms further four said it had had no impact. Eight said it was too early of levels of crime and disorder six months post implementation. to say, or that the impact was mixed. Only one did not have a Both studies concluded that the change did not result in increases view, and only one thought that the Act’s impact had been largely in alcohol-related violence, and suggested that the reason for this negative. Several reported that some offences were occurring is to be found in the small scale changes in opening hours which later, and some suggested that that there were now fewer ‘true were actually implemented. Consistent with the Home Office peaks’ in crime and disorder, with problems being spread evenly 30-force survey and the case study sites, evidence of temporal throughout the night and early hours of the morning. Half said displacement was found, with incidents more likely to occur that this had resulted in adjustments to shift systems, and others around the new closing times, and there was some evidence of reported other ways of accommodating to the time-shift in a flattening of peaks of violence. The study in the East of England workloads. Interviewees did not report any changes in the areas focussed on six market towns, where experience was quite or locations of alcohol-related crime and disorder following the variable. The growth in violence in one town was judged to be introduction of the Act. The sample is a small one, of course, but unrelated to the Act’s provisions, however. The findings are broadly it is the business of licensing officers to be informed about these consistent with those of Greenaway and Handley (2007) relating issues, and some significance can be attached to their views. to three local authorities within this region. Similar findings are reported in an evaluation of the Act’s impact in Lancashire carried out by Liverpool John Moores University (Morleo et al., 2007). The Alcohol Education Research Council’s survey of licensing authorities
The Alcohol Education Research Council (AERC) survey by Foster et al. (2008) asked key informants in local authorities about the impact of the Act on several dimensions. Half of respondents thought that the number of licensed premises had increased, and the general perception was that police activity had increased. But on a range of dimensions, the majority thought that there had been no change in problems associated with licensed premises. Thus 68 per cent thought that alcohol-related crime had remained unchanged, 19 per cent thought it had fallen and 13 per cent thought it had risen. Sixty per cent thought that numbers of alcohol-related fights were unchanged, 27 per cent thought there had been a decrease and 13 per cent a rise. Fifty- nine per cent thought that noise levels were unchanged, nine per cent thought there had been an increase and 32 per cent a fall. Whilst the survey was asking about perceptions, the respondents were well placed to provide an informed view on these issues.
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4. Alcohol-related crime and per cent in the 12 months after the change. The fall was more marked during the week (4%) than for weekends (1%), when disorder: the case studies interview data suggest that licensed premises were more likely to close later. There were variations between sites: Croydon and The five case studies comprise an important part of the Blackpool saw falls of 13 per cent and 10 per cent respectively. evaluation. Whilst their findings on alcohol-related crime and Guildford, Birmingham and Nottingham saw increases of 12 per disorder are illustrative rather than nationally representative, cent, seven per cent and three per cent. There was only one they have sufficient depth and texture to allow fairly reliable statistically significant rise in violence – for Guildford, in the first judgements to be made about the Act’s impact in these areas. six months after the change25. The other changes were either not They were selected to represent a mix of towns and cities statistically significant, or else were statistically significant falls. that had significant late-night economies with different levels of reported violent crime and different partnership arrangements.23 Monthly figures for violent crime showed considerable A very large amount of information was drawn together for the fluctuations both before and after the change in licensing case study sites, including police data on recorded crimes and hours. In Blackpool and Guildford, and to a lesser extent in incidents, statistics on the use of health emergency services, Nottingham, reductions in violence coincided with Alcohol survey data on residents’ perceptions and qualitative data from Misuse Enforcement Campaigns (AMECs)26. These might have licensees, licensing and responsible authorities and others been responsible for the falls – but equally they could have involved in relevant businesses. resulted in the recording of offences that would otherwise have escaped police attention. In Nottingham and Blackpool, violence As will emerge, there were variations in the experience of increased during the Football World Cup (June to July 2006), but the five sites. In general, however, there was not a great deal we cannot say whether the latter caused the former. Incidents of change, and where there was change, it was usually on a of recorded violence were concentrated in all five sites around small scale. The ‘headline findings’ are that across the five sites, a small number of pubs and clubs. In Guildford and Blackpool, recorded violent crime fell by three per cent; calls to the police the 15 premises with the highest crime accounted for between relating to disorder either did not change or showed statistically 65 per cent and 79 per cent of recorded violence against the significant reductions – with one exception. There is evidence person offences after implementation27. of temporal displacement, in that the small number of incidents of crime and disorder occurring in the small hours grew. This The timing of violence shifted forward in four out of the five overall picture is highly consistent with the conclusions that can case study areas. The number of offences in all of the areas be drawn from the national statistics presented in the previous grew between 3am and 5am, except for in Croydon. The chapter. proportionate increase in these areas was large, but the absolute increase was small – just over 300 recorded offences in total. This chapter offers a summary of the key findings as they Figure 4 illustrates this, showing trends for recorded violence in relate to crime and disorder. Figure 3 gives an overall flavour Birmingham (the corresponding charts for the other areas are of the results. The areas are not intended to be nationally of these powers may result in the recording of offences which previously representative but are probably a reasonable reflection of similar would have been dealt with informally. Finally, over the period covered by places across the country – at a glance one can see that patterns the evaluation the police were encouraged to mount AMECs and in one of experience were variable. Column 2 of Figure 3 summarises case study area a Tackling Violent Crime Programme (TVCP) which may findings from the previous chapter about the impact of the simultaneously have depressed offending and stimulated the recording of offences. Act on licensing hours, and Column 3 records whether the 25 Over this period Surrey Police overhauled their crime reporting and local authority’s licensing policy included a ‘saturation zone’ or recording procedures, in a way they thought would have the effect of a policy on ‘cumulative impact’. The other seven columns are exaggerating any increase in recorded violent crime. See technical Appendix B concerned with the impact on crime and disorder. The figure for details about the statistical tests which were conducted. 26 The Home Office ran a series of targeted AMECs, which included test necessarily does some injustice to the complexity of the findings, purchase operations at on- and off-licences and increased use of penalty but the rest of the chapter presents a fuller picture. notices for disorder across England and Wales. These campaigns also identified what works in terms of preventing alcohol-fuelled violence and regulating problem licensed premises. See http://police.homeoffice.gov.uk/ operational-policing/crime-disorder/alcohol-misuse AMECs were conducted Violent crime in Birmingham over the following period: July to August 2004, December 2004 to January 2005, November 2005 to January 2006 and May to June Across the five sites, total recorded violent crime24 fell by three 2006. In Blackpool they were conducted in: July to August 2004, December 2004 to February 2005, November 2005 to January 2006 and May to June 23 An additional selection criterion was that there had to be sufficient cases 2006. In Croydon they were conducted in: July to September 2004, January for analysis and this limited the choice of areas. In particular it ruled out the to February 2005, November to January 2006 and May to June 2006. In possibility of including any truly rural areas. Guildford they were conducted in: June to August 2004, December to January 24 Violent crime’ is used as a shorthand to refer to all offences classified by the 2005, November 2005 to January 2006 and May to June 2006. In Nottingham Home Office as ‘violence against the person’. For details see http://www. they were conducted in: July to September 2004, January to February 2005, homeoffice.gov.uk/rds/countrules.html. Interpreting statistics of violent crimes November 2005 to January 2006, November 2005 to January 2006, May to recorded by the police is not straightforward. Rules for recording such June 2006 and July to September 2006. Also in Nottingham a Tackling Violent offences were substantially revised in 1998 and again in 2002. The changes Crime Programme (TVCP) was implemented in May 2005 and ran for a may still have been bedding in over the period covered by the evaluation. number of weeks. Moreover, police powers for dealing with violent offences have been 27 Defined as the top 15 licensed premises in each case study site, ranked for extended, for example through powers to issue PNDs, and the availability recorded violence against the person levels.
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Research Report 04 March 2008 or down? the trade: the trade: of those in Perceptions Perceptions problems up problems Regulators’ perceptions perceptions of problems: of problems: up or down? rowdy rowdy views of views behaviour drunk and Residents’ ambulance call out data A&E data and Calls for Calls for disorder = mixed. = mixed. or damage criminal Recorded Recorded symbol means the change was statistically significant (where statistical tests were performed, in columns 4, 5, 6, and 8. and 8. 6, 5, in columns 4, performed, statistical tests were significant (where symbol means the change was statistically = no change. = no change. Recorded Recorded violent crime policy cumulative cumulative Saturation/ = reducing problem. problem. = reducing impact zone hours licensing Impact on 1 2 3 4 5 6 7 8 9 10 site = worsening problem after change. after change. problem = worsening Case study Large symbols mean a large change occured and large symbols with a Large symbols mean a large change occured See Technical Appendix B for details about these statistical tests that were conducted.) details about these statistical tests that were Appendix B for Technical See case study areas. in the five residents Croydon Small Birmingham Small Guildford Small Blackpool Small Nottingham Small 2. Residents’ views = proportion of residents saying that “drunk and rowdy behaviour was a very or fairly big problem in the city centre”. Source: BMRB pre and post telephone survey among 2. and post telephone survey BMRB pre Source: in the city centre”. big problem was a very or fairly behaviour “drunk and rowdy that saying of residents = proportion Residents’ views 3. interviews. in qualitative as expressed in the trade, and of those working authorities, of licensing authorities and responsible summaries of views subjective) (inevitably Columns 9 and 10 are Figure 3Figure Summary in case study sites of experience 1. Notes: Notes:
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The impact of the Licensing Act 2003 on levels of crime and disorder: an evaluation included in Appendix A). The evidence for temporal displacement the person rose by 12 per cent whilst health figures for assaults was stronger when analysis was restricted to violence occurring fell by 34 per cent. In Blackpool, police figures fell by 10 per cent within 50 metres of any licensed premises, suggesting an whilst health figures rose by 18 per cent. Only in Croydon and association with changes to licensing hours. The changes were in Nottingham were the trajectories in the same direction. One generally most marked during the weekends – again suggesting a possible explanation, suggested by Sivarajasingam et al. (2007), strong relationship with the licensing hours introduced by the Act. is that effective – and early – intervention by the police can actually reduce later demands placed on health services. Further One of the rationales for liberalising the licensing laws was that research may be necessary to disentangle these relationships. the spike of incidents immediately after closing time would be flattened out. This happened in Blackpool and Birmingham, but there was no change in Croydon and Nottingham. In Guildford Criminal damage – the only site to record a statistically significant increase in recorded violence – the peak moved forward in time into the The case studies included analysis of police statistics of small hours. criminal damage (or vandalism). There were concerns that this offence would also rise following the liberalisation of opening In all five case study areas, the concentration of violence hours. Patterns of crininal damage were varied. Figures fell in increased among high-crime licensed premises28 that actually Nottingham and Blackpool. They remained largely unchanged used six or more additional hours per week, but decreased in Birmingham, Croydon and Guildford. The only statistically amongst the remainder. This pattern of findings was not found significant change was the fall in Nottingham – following a when examining hours applied for. statistically significant increase in the previous 12 months.
Data on ambulance call-outs and A&E attendance were Changes in the timing of criminal damage were small, and those assembled for each case study site. These provide a changes that did occur often took place at times and in locations supplementary source of information about violent crime and that one would not expect to be influenced by the changes in other alcohol-related problems. The police statistics capture the operating hours of licensed premises. Overall, the evidence is a larger proportion of violent incidents than health statistics strong that vandalism was unaffected by the Act. on assaults, but the ratio varied between sites – suggesting considerable variation in recording practices amongst health services (cf Patton et al., 200729). Trends for health data on Disorder calls for service assaults were often the reverse of those found in police records for violence. In Guildford, police statistics for violence against Data on calls for police assistance relating to disorder were 28 Defined as the top 15 licensed premises in each case study site, ranked for analysed for the periods before and after the change. Apart recorded violence against the person levels. from a statistically significant increase in disorder in Guildford 29 This study found low and variable levels of screening for alcohol consumption in the latter half of the year following the changes, there were and alcohol problems. The clear implication is that recording practice in flagging alcohol-related incidents will also be variable. no other statistically significant increases in calls for disorder. Figure 4 Percentage of recorded violent crime by time of day in Birmingham City Centre
14.0
12.0 Average baseline 10.0 Post implementation 8.0 Average baseline trend 6.0 Post implementation trend
Percentage of offences of Percentage 4.0
2.0
0.0 0900-0959 1100-1159 1200-1259 1400-1459 1500-1559 1700-1759 2000-2059 2300-2359 0100-0159 0700-0759 1000-1059 1300-1359 1600-1659 1800-1859 1900-1959 2100-2159 2200-2259 0000-0059 0400-0459 0200-0259 0500-0559 0800-0859 0300-0359 0600-0659
Time range
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In Birmingham, significant reductions in disorder preceded the Figure 5: Drunk and rowdy behaviour as a fairly or introduction of the Act and continued into the first half of the very big problem in the city/town centre post implementation year. Overall, disorder calls fell by one-fifth before and after the implementation of in Birmingham between the baseline and post implementation the Act period. In Croydon, significant reductions leading up to the Act were not sustained post implementation. In Blackpool and in Before 90 Nottingham there was no statistically significant change either After during the baseline period or beyond. 80 70 Disorder calls for service overall generally peaked earlier in the 60 evening than incidents of violence, both before and after the 50 change. For example, in Blackpool they peaked between 9pm and 10pm and in Croydon and in Nottingham between 8pm and 40 9pm. There was no indication of temporal displacement following Percentage 30 the change, with the exception of Guildford. 20 10 0 Residents’ perceptions Birmingham Blackpool Croydon Guildford Nottingham
The residents’ telephone surveys asked whether people considered drunk and rowdy behaviour to be a problem in the Notes city or town centre. Figure 5 shows that in three out of the five 1. Source: BMRB residents’ telephone surveys. sites, there was a statistically significant fall in the proportion 2. Achieved overall sample sizes per site ranged from 649 to 807. thinking that it was a fairly or very big problem. These findings 3. Question: Thinking about people being drunk and rowdy in and are puzzling given the evidence that alcohol-related problems around (name of area) (town / city centre). How much of a had actually changed very little. problem would you say this is at the moment? 4. ‘Before and after’ differences are statistically significant in Birmingham, Guildford and Nottingham. Residents were also asked in the post-implementation surveys whether the amount of crime caused by people who have been drinking had increased, decreased or stayed the same after the Rather than at 2am having between 30 and 50 thousand people implementation of the Act. The majority in all five sites thought thrown onto the streets, that now happens over maybe an hour that it was stable or falling, though sizeable minorities thought and a half between 1.30 and 3.30am. So obviously the potential it had increased: 43 per cent in Birmingham, 39 per cent in for disorder is lessened, which is better. Blackpool, 38 per cent in Croydon, 28 per cent in Guildford and (Chain club, Birmingham. Cragg Ross Dawson interviews.) 29 per cent in Nottingham.30 The findings from the telephone survey, on the whole, do not match the findings from the While, there was a sense that concerns about the potential recorded crime data and it is possible that in the run-up to negative impact of the Act had not been realised, there was also the change media coverage had sensitised people to the issue caution about confirming any positive or neutral effects too early: – although fieldwork in the ‘before’ period was conducted well before implementation. “I think last year I would have said, ‘Don’t do 24-hour drinking’, but I have been proved wrong on that one. I think, let it run its course for the next two years and see how it is working then. You have to Views of professionals and those in the trade give these things time to work and people’s attitudes to change and so I would leave it another two years and then have a look.” Qualitative interviews with those in the trade, licensing (Chain restaurant, Blackpool. Cragg, Ross, Dawson interviews.) authorities and responsible authorities generally show a lack of change. Numbers of interviews were small, and it should be The qualitative interviews conducted by Home Office recognised that both those working in the late-night economy researchers of licensing authority staff and those from and those involved in its regulation have a vested interest in responsible authorities were fairly consistent: most respondents presenting a positive picture. Nevertheless, on the whole, the described problems of crime and disorder associated with the findings suggest that both groups generally thought that alcohol- night time economy as stable or declining. However, several related problems had remained stable or declined. For example: suggested that this trend was independent of the changes introduced by the Act.
30 Trends in perceptions are better measured by repeating the same question at two different points in time than by asking people directly what they believe the trend to be after the change has occurred.
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5. How does our experience match In Iceland, permitted hours for selling alcohol were abolished between 1999 and 2000. During that time the with other countries? total number of admissions to A&E increased, with a 34 per cent rise in alcohol-related violence. Drink-driving The evidence from those countries that have moved from strict was estimated to have risen by 80 per cent. On the opening hours to a more relaxed regime, such as Australia, positive side, the experiment reduced the numbers of New Zealand, Scotland, Ireland and Iceland, is that liberalised people on the streets in the early hours of the morning. regimes tend to result in higher levels of consumption and more However, in 2001 fixed closing times were re-introduced alcohol-related problems of crime and disorder. It may be that (Ragnarsdottir et al., 2003). the scale of the change in licensing hours in England and Wales to date has been much smaller than in these jurisdictions – or Closer to home, the experience in Scotland and the has been accompanied by measures designed to help manage the Republic of Ireland are noted as deterrents against night time economy and counterbalance increased availability of liberalising the licensing law. In Scotland, available data alcohol. It is also possible that marked effects of the change will show higher rates of heavy drinking than in England, a rise emerge only over a longer period of time. in alcohol-related injuries and offences associated with alcohol misuse and a substantial rise in the rate of alcohol International studies have been presented by critics of the dependence and related liver disease (Elmers, 2003; Plant, Licensing Act as confirmation that longer opening hours will 2004; IAS, 2005). However, Scotland has also been cited in fact increase drunkenness, excessive drinking and related as an example of deregulation that did not result in a disorders (Hadfield, 2007; Hayward and Hobbs, 2007; Plant and dramatic increase in crime, although as Foster (2003) has Plant, 2005; IAS, 2005). Comparisons obviously need to be made noted, this initial change in 1976 coincided with severe with caution, in that different evaluations have used different economic recession in the country and cannot be taken as methods. an indication of successful policy (Foster, 2003; IAS, 2005).
For example, in Australia, often likened to the UK in terms In Ireland, an increase in late night disorder and violence of drinking culture, a relaxation of controls led to a rise in was attributed to the extension of licensing hours, alcohol consumption and a significant increase in assaults introduced in 2000. The Irish Government has recently in or near pubs with extended trading hours (Chikritzhs et reduced trading hours in response to these concerns al., 2000; Chikritzhs and Stockwell, 2002). In addition, peak (Plant and Plant, 2005; IAS, 2005). times for road traffic accidents changed in line with the altered licensing times (Smith, 1988). Overall, it was argued that late-night opening of licensed premises delayed Conclusion alcohol-related violence, road crashes and other accidents until after midnight when police and emergency services The experience in England and Wales, at least in the first year were less able to cope with the demand (Chikritzhs and of implementation, seems at odds with that of other countries Stockwell, 2002). In 2007 demands were made for an end which have made similar changes to their licensing arrangements. to 24-hour licensing. This may reflect the fact that changes elsewhere had a more significant impact on the availability of alcohol. Equally, the In New Zealand, since 1989 the law has permitted 24- changes elsewhere may not have been accompanied by hour opening. An evaluation of the impact of the Liquor counterbalancing preventative measures. Act found that late-closing premises were most likely to require police intervention, to attract ‘migrating drinkers’ and to be associated with increased street disorder. A rise in excessive drinking among teenagers in New Zealand was partly attributed to licensing liberalisation and the police reported more arrests of drink-drivers in the early hours of the morning following extended licensing times (IAS, 2005).
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Research Report 04 March 2008 6. Making sense of the findings Changes to drinking patterns but not to crime and disorder?
The evaluation clearly indicates that the impact of the Act in its Another possibility is that significant changes to drinking first year of operation brought fewer problems than were feared patterns have occurred without triggering greater problems by pessimists, and fewer benefits than expected by optimists. of crime and disorder. Of course, the rationale for liberalising There are three ‘families’ of explanation for the findings. One drinking hours was precisely that more flexible closing times is that the new licensing regime has not significantly changed would render these problems more manageable in the longer patterns of drinking; the second is that there have been term. There is evidence of limited elongation of drinking times, significant changes to drinking patterns, but that these changes and certainly evidence of some temporal displacement of crime have not led to more crime and disorder. The third is that and disorder into the small hours. The view of those working extraneous factors have had a bigger impact than the changes to in the trade, and of those responsible for its regulation, was licensing hours. that the growing efforts to address the problems associated with the late-night economy - including the change to opening hours - were meeting with success. There is plausible evidence Limited changes to drinking patterns? that preventive efforts may have been mounted – and proved effective – to respond to problems associated with alcohol There is considerable evidence in support of this. In general consumption. Some of these efforts were in place in advance of there appears to have been only limited demand for extended the changes, such as AMECs. hours, and only limited enthusiasm on the part of pubs and clubs for meeting this demand. Many licences were extended on the basis that it was better to be safe than sorry and in practice they Extraneous factors were not exploited to the full. In areas serving as focal points for late-night economies, saturation policies damped down the A final possibility is that extraneous factors have served to mask extent of change. the impact of the Act. One argument is that crime and disorder would have declined sharply had it not been for the changes to The General Household Survey indicates that the average licensing. The argument relies on the fact that violent crime, as number of units of alcohol consumed each week fell by almost measured by the BCS, has been falling since the mid-1990s, and six per cent between 2005 and 2006 – a fall that just reaches that in the absence of changes to opening hours, the decline statistical significance. The statistics published by the British Beer would have continued. This is not a very persuasive argument, and Pub Association (derived from HM Revenue & Customs because the BCS trend was flattening out before November data) also suggest a fall in alcohol consumption in 2006 – on top 2005, and in any case the trend for night time incidents is not of a fall in the previous year. Whilst it seems unlikely that these markedly different from daytime trends. It also presupposes, falls are a result of the changes in opening hours, neither dataset of course, that the Act has triggered significant changes in suggests that the change has stimulated alcohol consumption. drinking patterns – which is questionable. The mirror image of This poses the question whether the initial inertia in drinking this argument is that problems of crime and disorder would patterns will slowly be overcome, or whether there are more have been very much greater had it not been for the preventive structural factors at play. It could simply be that people’s habits impact of the changes to opening hours. The evidence is equally take time to catch up with changing leisure opportunities – and weak for this view. that bigger change may lie ahead. Alternatively, it may be that people have only a finite amount of money for discretionary Finally, there is a – highly speculative – argument that public spending, and that few of those who use the facilities of the attitudes are hardening against excessive drinking, and that we night time economy have enough flexibility to increase their are approaching a ‘tipping point’ where the country’s drinking expenditure on more freely available drink. cultures are rapidly transformed. Critics of the Act might argue that it has impeded the pace of change, by providing a The apparent difference between the emerging findings in this counterbalance in the shape of greater ease of access to alcohol. country and the experience elsewhere may be a function of This line of argument is much less parsimonious than the differences in the licensing regimes prior to liberalisation. Whilst simple one that in the first year of the new regime, the pace of our closing times were quite restrictive overall, the demand change was actually very slow. Of course, the architects of the for late-night drinking overall may also be in line with supply. Act envisaged that liberalising the licensing laws would help the The exception to this is to be found in town centres that have process of transition to a less damaging drinking culture. already developed thriving late-night economies – and, of course, the Act provides the responsibility and the powers to address alcohol-related problems in these areas. In other words, the Act may not, in reality, have extended the headroom for further drinking to the extent that has occurred in other liberalising countries.
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Concluding thoughts
It is clear that the chaos feared and predicted by the critics of the Act has not come about – despite the negative experiences of liberalisation in other countries. On the other hand, neither is there clear evidence that positive benefits have accrued from staggered and better managed closing times. In short, it is too early to say with confidence whether the Act has succeeded or failed in its intention to tackle night time crime and disorder associated with pubs and clubs. What can be said with a degree of confidence is that it has not made matters worse in the first year or so of the changes. Clearly, further monitoring, research and evaluation will be of crucial importance in tracking the impact of the Act and, more broadly, in assessing the success of the Government’s strategy for promoting a ‘sensible drinking’ culture.
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BBPA (2007a) Statistical Handbook, 2007: a compilation of Greenaway, J. and Handley, P. (2007) The Impact of the drinks industry statistics. London: Brewing Publications Ltd. Licensing Act (2003) on Three Norfolk Local Authorities. London: Alcohol Education Research Council. BBPA (2007b) Survey report on BBPA website. http://www. beerandpub.com/newsList_detail.aspx?newsId=123 [accessed 25 Hadfield, P. (2007) A hard act to follow: assessing the consequences February 2008] of licensing reform in England and Wales, Addiction, 102:177-180.
CGA (2007) Licensing Act 2003: Impact on terminal hour by region Hayward, K. and Hobbs, D. (2007) Beyond the binge in and market segment. CGA Strategy Consultancy work conducted ‘booze’: Market-led liminilization and the spectacle of binge for DCMS. drinking, The British Journal of Sociology, 58, 3: 438-456.
DCMS (2006) http://www.culture.gov.uk/Reference_library/ Home Office (2008) Crime in England and Wales: Quarterly Press_notices/archive_2006/DCMS148_06.htm [accessed 25 Update to September 2007. Home Office Statistical Bulletin 01/08. February 2008] London: Home Office.
DCMS (2007) www.culture.gov.uk/Reference_library/Press_ Institute of Alcohol Studies (2005) Crime and Disorder: Binge notices/archive_2007/dcms133_07.htm [accessed 25 February 2008] drinking and the Licensing Act (2003), Occasional Paper, Cambs: IAS.
Babb, P. (2007) Violent crime, disorder and criminal damage since Jacobson, J., Newton, A., Armitage, A., Hirschfield, A., the introduction of the Licensing Act 2003. Home Office On-line Monchuk, L., Rogerson, M. and Wilcox, A. (2008) Key Report 16/07 London: Home Office. http://www.homeoffice.gov. Findings of the Nottingham Case Study. London: Institute for uk/rds/pdfs07/rdsolr1607.pdf [accessed 25 February 2008] Criminal Policy Research, King’s College London.
Chikritzhs, T. and Stockwell, T.R. (2002) ‘The impact of later Kara, M. and Upson, A. (2006) Crime in England and Wales: trading hours for Australian public houses (hotels) on levels of Quarterly Update to September 2005. Statistical Bulletin 03/06. violence’, Journal of Studies on Alcohol, 63: 591-599. London: Home Office.
Chikritzhs, T., Stockwell, T.R., Heale, P., Dietze, P. London Ambulance Service (2007) Alcohol related Ambulance and Webb, M. (2000) Trends in alcohol-related road injury in Calls rise by 12% in London. London Ambulance Service. http:// Australia, 1990-1997.National Alcohol Indicator Project, Bulletin www.londonambulance.nhs.uk/news/latest/latest.html [accessed No. 2. National Drug Research Institute, Curtin University of 25 February 2008] Technology, Perth, Western Australia. Morleo, M., Harkins, C., Hughes, K., Hughes, S. and Ellmers M. (2003) Review of Scotland’s licensing system: an Lightowlers, C. (2007) The implementation and impact of opportunity for change? Drugs: Education Prevention and Policy, 10 the Licensing Act 2003 in Lancashire. http://www.cph.org.uk/ (4): 297-301. publications.aspx [accessed 27 February 2008]
Foster, J.H. (2003) Extended alcohol licensing hours in England Newton, A., Sarker, J., Pahal, G., van den Bergh, E. and and Wales: there will be a large price to pay, Drugs: Education, Young C. (2007) Impact of the new UK licensing law on Prevention and Policy, 10, (4):285-287. emergency hospital attendances: a cohort study, Emergency Medical Journal. 24: 535-538. Foster, J., Herring, R., Waller, S. and Thom, B. (2008) Implementation of the Licensing Act 2003: a national survey. London: Newton, A., Armitage, A., Hirschfield, A., Monchuk, L., Alcohol Education Research Council. Rogerson, M., Wilcox, A. and Jacobson, J. (2008a) Key www.aerc.org.uk/documents/pdf/finalReports/054_LARG_ Findings of the Birmingham Case Study. London: Institute for Survey.pdf [accessed 25 February 2008] Criminal Policy Research, King’s College London.
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Newton, A., Armitage, A., Hirschfield, A., Monchuk, L., Newton, A., Armitage, A., Hirschfield, A., Monchuk, L., Rogerson, M., Wilcox, A. and Jacobson, J. (2008b) Key Rogerson, M. and Wilcox, A. (2008k) Evaluation of Licensing Findings of the Blackpool Case Study. London: Institute for Criminal Act: Measuring Crime and Disorder in and around Licensed Premises, Policy Research, King’s College London. Research Study SRG/05/007 Technical Annex 1. Huddersfield: University of Huddersfield Applied Criminology Centre. Newton, A., Armitage, A., Hirschfield, A., Monchuk, L., Rogerson, M., Wilcox, A. and Hunter, G. (2008c) Key Findings Nicholas, S., Kershaw, C. and Walker, A. (2007) Crime in of the Croydon Case Study. London: Institute for Criminal Policy England and Wales, 2006/07. Statistical Bulletin 11/07. London: Research, King’s College London. Home Office.
Newton, A., Armitage, A., Hirschfield, A., Monchuk, L., Office of the Deputy Prime Minister (ODPM) (2004) Good Rogerson, M., Wilcox, A. and Hunter, G. (2008d) Key Findings practice in managing the evening and late-night economy: a literature of the Guildford Case Study. London: Institute for Criminal Policy review from an environmental perspective, London: ODPM. Research, King’s College London. Patton, R., Strang, J., Birtles, C. and Crawford, M.J. (2007) Newton, A., and Hirschfield, A. (2008) Evaluation of Licensing ‘Alcohol: a missed opportunity. Results of a survey of all AEDs Act: Measuring Crime and Disorder in and around Licensed Premises, in England.’ Emergency Medical Journal. Volume 24, Issue 8. pps Research Study SRG/05/007 Supplementary Annex. Huddersfield: 529-531. University of Huddersfield Applied Criminology Centre. Pike, S., O’Shea, J., Tyrrell, P. and Lovbakke, J. (2008) Early Newton, A., Hirschfield, A., Armitage, A., Rogerson, M., Experiences of the Licensing Act 2003 in the East of England and Monchuk, L. and Wilcox, A. (2008e) Evaluation of Licensing Yorkshire and the Humber regions. Home Office Research Report Act: Measuring Crime and Disorder in and around Licensed Premises, No 05 London: Home Office. Research Study SRG/05/007 Final Report. Huddersfield: University of Huddersfield Applied Criminology Centre. Plant, M.A. (2004) ‘Reducing the pressure to drink: An interview with Dr Christopher Clayson,’ Alcohol & Alcoholism, Newton, A., Armitage, A., Hirschfield, A., Monchuk, L., 39:5-7. Rogerson, M. and Wilcox, A. (2008f) Evaluation of Licensing Act: Measuring Crime and Disorder in and around Licensed Premises, Plant, E. and Plant, M. (2005) ‘A “leap in the dark?” Lessons Research Study SRG/05/007 Annex 1 - Blackpool. Huddersfield: for the United Kingdom from past extension of bar opening University of Huddersfield Applied Criminology Centre. hours’, International Journal of Drug Policy, 6, (6): 363-368.
Newton, A., Armitage, A., Hirschfield, A., Monchuk, L., Sivarajasingam, V., Moore, S. and Shepherd, J. P. (2007) Rogerson, M. and Wilcox, A. (2008g) Evaluation of Licensing Violence in England and Wales 2006: an accident and emergency Act: Measuring Crime and Disorder in and around Licensed Premises, perspective. http://www.cf.ac.uk/dentl/resources/Trends_violence_ Research Study SRG/05/007 Annex 2 - Birmingham. Huddersfield: England_Wales_2006.pdf [accessed 25 February 2008] University of Huddersfield Applied Criminology Centre. Smith, D. (1988) Effect on traffic accidents of introducing Newton, A., Armitage, A., Hirschfield, A., Monchuk, L., Sunday alcohol sales in Brisbane, Australia, International Journal of Rogerson, M. and Wilcox, A. (2008h) Evaluation of Licensing the Addictions, 23:1091-1099. Act: Measuring Crime and Disorder in and around Licensed Premises, Research Study SRG/05/007 Annex 3 - Croydon. Huddersfield: Ragnarsdottir, P., Kjartansdottir, A. and Daviosdottir, University of Huddersfield Applied Criminology Centre. S. (2003) Effect of extended alcohol serving hours in Reykjavik in R Room (Ed) The Effects of Nordic Alcohol Policies, Publication 42, Newton, A., Armitage, A., Hirschfield, A., Monchuk, L., Helsinki: Nordic Council for Alcohol and Drugs Research. Rogerson, M. and Wilcox, A. (2008i) Evaluation of Licensing Act: Measuring Crime and Disorder in and around Licensed Premises, Taylor, P., Budd, S. and Thorpe, K. (2007) Crime in England Research Study SRG/05/007 Annex 4 - Guildford. Huddersfield: and Wales: Quarterly Update to September 2006. Statistical Bulletin University of Huddersfield Applied Criminology Centre. 1/07. London: Home Office.
Newton, A., Armitage, A., Hirschfield, A., Monchuk, L., Rogerson, M. and Wilcox, A. (2008j) Evaluation of Licensing Act: Measuring Crime and Disorder in and around Licensed Premises, Research Study SRG/05/007 Annex 5 - Nottingham. Huddersfield: University of Huddersfield Applied Criminology Centre.
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Research Report 04? March 2008 Acknowledgements
This report was commissioned by the Home Office, and presents the results of an evaluation of the 2003 Licensing Act and its impact on level of crime and disorder. The authors of this report came late to the evaluation, and can claim no credit for its design or execution.
We are grateful to Jonathan Smith and Alana Diamond who designed the evaluation and to Alana Diamond who also oversaw the evaluation process. We would also like to thank the large number of Home Office researchers who worked on various aspects of the evaluation: Catherine Nicol, Jonathan Smith, Corrine Charles, Beth Daws, Laura Brasnett, Sian Moley, Lucy Fletcher, Sharon Ross and Emily Diment.
Particular acknowledgements are due to the staff of the Applied Criminology Centre, University of Huddersfield: Dr Rachel Armitage, Professor Alex Hirschfield, Leanne Monchuk, Dr Andrew Newton, Michelle Rogerson and Dr Aidan Wilcox. The Huddersfield team carried out an immense amount of painstaking quantitative analysis in five case study sites. Much of this was methodologically path- breaking. Whilst the role of ICPR researchers in producing this report has extended well beyond summarising the Huddersfield work, the end product relies heavily on their work.
We should also acknowledge the contribution of others who were involved in the evaluation, notably the staff of BMRB, especially Matthew Brown, Bruce Hayward and Matthew Sexton who managed the survey of residents in the five areas and to all the researchers at Cragg Ross Dawson, especially Tim Porter and Ben Toombs, who conducted the in-depth interviews in the case study sites, and Home Office researchers who assembled a range of data both in the case study sites and nationally. We would also like to thank Dr Betsy Thom of Middlesex University who gave the ICPR team invaluable support as project consultant.
We are particularly grateful to Alana Diamond, Greg Braun and Catherine Nicol at the Home Office for the help and support that they have provided throughout the process of drafting this report. We would also like to thank them and their policy colleagues in the Home Office and the Department for Culture, Media and Sport for insightful comments on earlier drafts. Finally we would like to thank Spencer Chainey of University College London’s Jill Dando Institute of Crime Science and an anonymous reviewer for their comments on a near-final draft.
Mike Hough Gillian Hunter Jessica Jacobson Stefano Cossalter
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EVALUATION OF THE IMPACT OF THE LICENSING ACT 2003: APPENDIX B
SCRUTINY COUNCIL INITIATIVE: PROGRESS REPORT 2007
1. SUMMARY
1.1 In November 2005 DCMS invited a small, representative, group of 10 licensing authorities to help us monitor and evaluate the new licensing regime as licensing 'Scrutiny Councils'. The 10 councils participating in the initiative were: Manchester, Taunton Deane, Blackpool, Cardiff, Birmingham, Newcastle, Nottingham, Brighton and Hove, Bristol and Havering.
1.2 The Scrutiny Council initiative was formally launched by James Purnell, then Minister for Licensing, on 25 November 2005 and ended in June 2006. During this time, DCMS officials visited each Council on a regular basis to collect information and data about the practical implementation of the Act and also organised two further plenary meetings and a round of regional meetings in May.
1.3 The initiative was successful on all levels providing:
x a good example of successful partnership working between central and local government; x an insight into how the national policy framework has been translated into local licensing policies; x practical experience of how the licensing regime is being implemented in a range of local authorities to tackle crime and disorder and public nuisance in town and city centres; x examples of good practice and innovation, including some excellent partnership working between SCs, their responsible authorities and interested parties; x quantitative data and qualitative case study material to inform Ministers and the wider Government strategy on the prevention of alcohol abuse; x evidence to support the review of the statutory Guidance, leading to proposals for clarification, addition and changes, most of which have been taken forward in the revised Guidance published on 28 June 2007; x evidence to inform the DCLG’s ‘How to’ programme on Managing Town Centres; x evidence to inform the independent Fees Review Panel.
1.4 This final Scrutiny Council report was published on the DCMS website on 24 July 2006. DCMS Ministers undertook to consider all the issues raised in the report as part of the Department’s ongoing work to monitor and evaluate the licensing regime. Ministers also agreed to revisit the recommendations in November 2007 around the 2nd Anniversary of the Licensing Act. This report:
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x describes the action that DCMS has taken to address the issues raised by Scrutiny Councils;
x revisits some of the early benefits of the licensing regime that were identified in the initial report to see if longer term trends are emerging;
x gives examples, provided by the Scrutiny Councils, of how the Act is helping to address the problems of alcohol related violence and public nuisance in town and city centres;
x provides recent data for each Council covering, for example, numbers of reviews, hearings, etc.
2. LICENSING ISSUES
2.1 In the final report, Scrutiny Councils (SCs) identified several issues around the practical implementation and interpretation of the Act and made a number of suggestions aimed at improving and fine tuning the current arrangements. Many of these recommendations were taken forward in the supplementary Guidance published on 22 June 2006 and the revised Guidance published 28 June 2007 which superseded it. Others are being taken forward, or will be taken forward in future, as part of the DCMS Simplification Plan published in December 2006.
Arrangements for advertising applications
2.2 The majority of Councils agreed that the current advertising arrangements could be improved, and put forward several suggestions as follows, although there was no consensus on the preferred approach.
x A letter drop to all residents living in the vicinity of a premises, either in addition to the current advertising requirements or instead of the newspaper advert, which some felt was not effective, particularly where there was more than one local paper, and expensive. Some favoured the approach in the Gambling Act which gives applicants a choice of advertising options and asks them to choose two out of three, depending on local circumstances. The majority of SCs agreed that the local authority should carry out the leaflet drop, rather than the applicant, to ensure consistency. Some SCs were already doing this; for example, Havering licensing authority writes to all local residents living within 100m of the premises to inform them of the application. However, other SCs felt that this could lead to problems around the definition of vicinity.
Government response
The DCMS Simplification Plan includes a commitment to bring forward proposals for improving the application process, including the advertising arrangements. This work will be taken forward over the next few months with a view to consulting about any proposed changes and amending the relevant regulations next year.
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x Local authorities should be able to inform councillors of new applications in their area so that they can advise residents. Some SCs were already doing this, but were concerned about whether it could be construed as ‘soliciting’ representations.
Government response
Paragraph 8.11 of the revised Guidance clarifies that licensing authorities may inform councillors of applications as long as this is done in a neutral way.
x Applicants should include more detail on notices, e.g. hours varied from/to, licensable activities applied for, etc and should ensure that they are clearly displayed.
Government response
Clarification that notices should include all relevant details was included in the supplementary Guidance and carried forward into paragraphs 8.45 and 8.47 of the revised Guidance.
x Applicants should be required to copy notices to the LA so that the LA can confirm that they have been posted and contain the correct information. However, some SCs thought that merely copying the notice would not be proof that it had been posted and licensing officers would still have to physically check the premises.
Government response
The DCMS Simplification Plan includes a commitment to bring forward proposals for improving the application process, including advertising arrangements. This work will be taken forward over the next few months with a view to consulting about any proposed changes and amending the relevant regulations next year.
Temporary Event Notices (TENs)
2.3 SCs raised a number of issues about the TENs process including:
x the 48 hour period during which the police may make objections. Some SCs thought that this was not long enough for the police to make an objection, particularly if notices were served on unmanned police stations on a Friday.
x whether all responsible authorities should be able to object and whether they should be able to make objections around other licensing objectives, such as public safety.
x the lack of discretion for licensing authorities to accept applications which had been submitted within 10 working days of the event.
x the annual limit of 5 temporary event notices per year for non personal licence holders and twelve for each unlicensed premises. The majority of SCs were against an increase in the TENs limits for village and other community halls.
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x the requirement for a DPS to be present on licensed community premises should be examined as a better alternative to increasing TENs limits.
Government response
All these issues were considered by DCMS as part of a review of the TENs regulations during 2006 and the Minister specifically asked SCs for their views on the issues relating to village halls and the TEN limitations. At the time, the Government did not consider that there were convincing arguments for making significant changes to the TENs process. However, DCMS will continue to monitor this area and will make any adjustments that prove necessary in the future. In addition, the commitment to look at possible improvements to the application process under the DCMS simplification plan includes the requirements for giving a temporary event notice process, such as the notice form and time limits.
DCMS recently completed a public consultation on a proposal to remove the requirement for village and community halls to have a DPS and is currently analysing the responses. [Note: may need to be updated before publication]
Role of the Personal Licence Holder (PLH) and Designated Premises Supervisor (DPS)
2.4 Several councils asked for greater clarity about the roles and liability of the DPS and PLH, particularly in respect to authorisation of sale when they are absent for long periods, and the number of premises for which a DPS could be responsible.
Government response
The supplementary Guidance clarified that
x the PLH does not have to supervise directly each sale of alcohol; x where the PLH is absent for a long period, they will need to authorise staff to sell alcohol in their absence, for example by a specific oral or written statement given to the individual. x a DPS may be responsible for more than one premises as long as they can fully discharge their responsibilities under the Act.
The revised Guidance (paragraphs 10.48 – 10.53) recommends that personal licence holders provide written authorisation as the existence of verbal authorisation will be difficult to prove in court.
Role of Responsible Authorities
2.5 Some responsible authorities were very engaged in the licensing process and were clear about their role and responsibilities, others were less so. However, there were no clear trends or patterns across all ten SCs and it was clear that the situation is changing all the time as responsible authorities become more used to the process and more aware of their role in it. Most SCs thought it would be helpful to have more central guidance to responsible authorities on their roles and responsibilities in the new licensing regime.
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SCs identified a need for greater alignment between the planning and licensing regime and more clarity about the legal situation when planning committees imposed different opening hours to licensing committees.
Government response
DCMS clarified in the supplementary Guidance that where opening hours imposed by planning and licensing bodies differ, the applicant must observe the earlier hours. The revised Guidance (paragraphs 13.64 – 13.68) explains further the separation of the planning and licensing regimes.
Role of Councillors
2.6 Some SCs felt that local councillors, because of their links to the local community, should play a bigger part in the licensing process so that they could make representations even if they did not live in the vicinity and had not been approached by residents. In other words, they should automatically qualify as interested parties in their own right. However, other SCs were concerned about possible perceptions of bias from other parties, particularly businesses, if councillors were given these powers.
Government response
DCMS worked with Communities and Local Government to amend the Code of Conduct for Members to remove a potential restriction on councillors with a prejudicial interest in an application speaking at licensing hearings. The amended Code was reflected in the revised Guidance (paragraphs 8.7-8.10).
Confidentiality of Representations
2.7 Some SCs reported that, in isolated cases, residents had felt uncomfortable about making representations because of the requirement to divulge their names and addresses to the applicant, and in a few cases had withdrawn their complaints entirely. Some SCs were addressing this issue by advising residents to make their representations via the relevant responsible authority or ward councillor. Another approach suggested was to withhold names and addresses in exceptional cases where the resident had reasonable concerns (e.g. where a premises was known to be involved in drugs or other crimes), but to supply sufficient information, such as the road name, to establish that the resident lived in the vicinity. Most SCs agreed that there should be additional guidance on how to deal with these isolated cases.
Government response
The revised Guidance (paragraphs 9.14-9.18) provides options that licensing authorities might want to consider in isolated cases where interested parties have a reasonable fear of intimidation and may be deterred from making representations.
Application Forms
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2.8 SCs suggested a number of minor improvements to the application form to make it more user friendly. They also felt that it would be useful to have more guidance on the form itself rather than in guidance to applicants on the DCMS website.
Government response
The DCMS Simplification Plan includes a commitment to bring forwards proposals for improving the application process, including the forms. This work will be taken forward over the next few months with a view to consulting about any proposed changes and amending the relevant regulations next year.
Variations
2.9 SCs raised a number of issues round the process for applying for variations to licences.
x the Guidance introduces the concept of a ‘major’ variation, which is not in the legislation, but is silent on what constitutes a ‘substantial’ variation according to the Act. The Guidance should be brought in line with the Act and provide advice on what constitutes a substantial variation.
x There should be a simplified process or perhaps a ‘slip rule’ in the Guidance for very minor structural changes to a premises. For example, licensing authorities could allow applicants to submit a revised plan and waive the requirement for a new application form.
Government response
The supplementary Guidance provided some clarification of the use of the term ‘major’ variation and a full explanation was provided in the revised Guidance (paragraphs 8.33-8.38).
DCMS is currently consulting on a proposal to amend the Act to introduce a simplified application process for ‘minor’ variations. Depending on the outcome of consultation, the Government plans to introduce the new process next year by means of a Legislative Reform Order.
Cumulative Impact Policies (CIPs)
2.10 A number of SCs have put in place special policies on cumulative impact and others are considering introducing them. All SCs agreed that CIPs were not a solution in themselves, but could only work as part of a broad strategy involving a range of enforcement and other measures and good partnership working.
2.11 SCs agreed that CIPs were generally working well, but some felt that they could usefully be extended to cover off sales such as off licences where groups of youths tended to congregate, resulting in crime and disorder.
Government response
The revised Guidance (paragraphs 13.24-13.39) clarifies that a CIP may apply in relation to variations as well as new applications.
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Vicinity
2.12 SCs varied widely in their interpretation of vicinity, with some taking a more liberal view and including routes home on main roads and others prescribing a set distance from licensed premises in their licensing policy. Some SCs thought it would be useful to have more guidance on vicinity, but others felt it was preferable to have local discretion. A set distance from a premises might be suitable for a rural area, for instance, but not for an urban centre.
Government response
The revised Guidance (paragraphs 9.4-9.7) clarifies that licensing authorities that indicate fixed distances within which an individual is considered an interested party should make clear that this is only a guideline and be prepared to consider representations from outside that distance if there is evidence of impact.
3. EMERGING BENEFITS OF THE LICENSING REGIME
3.1 In the initial report, we identified some early benefits of the new licensing regime, including:
x better engagement of residents in the licensing process; x good use of mediation to avoid hearings where possible; x evidence that the new licensing regime was helping to turn around premises with a long history of disorder, alcohol-related violence, etc; and x improved partnership working between licensing authorities, responsible authorities, local trade and residents.
3.2 The information and case studies we have gathered from Scrutiny Councils in October/November 2007 suggests that these initial benefits are starting to develop into longer term trends and the Licensing Act is having a real impact on key issues such as crime and disorder and sales of alcohol to children, particularly in our town and city centres.
Engagement of residents
3.3 During the Scrutiny Council initiative, councils noted that licensing reform was having a positive impact on the engagement of residents in the licensing process. There is evidence that this trend is continuing as local people become aware of their rights to make representations if they have concerns about a particular premises.
In Manchester, Trading Standards officers applied for reviews of two off-licences situated a few doors apart from each other on a busy road in a residential area, following a high number of complaints from local residents, the police and local councillors about sales of alcohol to children. Some local residents said they were too frightened to go near these shops at night due to the large groups of young people congregating outside them. Following a hearing, the licensing sub-committee decided that the licences for each shop should be revoked. Feedback from residents is that the problems they were experiencing previously have been much reduced and the Trading Standards Service is no longer receiving complaints.
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Residents in Nottingham were concerned about the level of crime and disorder and public nuisance caused by customers of a premises with a 24 hour off-licence. They submitted an application for review via a local ward councillor and as a result, the licence was amended to reduce the hours that alcohol could be supplied from 24 hours to 6am – 11pm.
Use of mediation
3.4 In the first few months of the new licensing regime, SCs were seeking to resolve issues through mediation where possible and in many cases were able to avoid going to a hearing. Time was an issue due to the scale of applications received during transition, but the situation was gradually improving. Two years into the new regime, SCs have had the time to develop and implement successful mediation procedures which can save time and resources for all concerned.
In Birmingham, a Joint Licensing Task Force, involving Licensing Enforcement officers, Police, Trading Standards, Environmental Health, Fire Service and others has successfully resolved many issues amicably, negating the need for review hearings and possible appeals.
Tackling problem premises
3.5 During the Scrutiny Council initiative, we found early evidence that licensing officers were using their new closure and review powers to turn around problem premises and tackle serious problems of crime and disorder. The latest evidence from SCs suggests that licensing officers are continuing to use a range of approaches based on the new licensing laws and better partnership working to address alcohol related violence and disorder and prevent the sale of alcohol to children.
In Cardiff serious problems of rogue premises are being resolved through active risk assessment and management by South Wales Police. For example, one premises had failed to work with the police to resolve serious issues of crime and disorder which were causing local residents serious problems. The police used their powers to review the licence and the Council’s licensing committee took account of representations from local residents and ward councillors in deciding to suspend the licence and remove the designated premises supervisor, who was also the licence holder. The licence holder subsequently gave up the lease of the premises and the new licensee worked with the local community and volunteered conditions requested by local residents. The re-opened premises has now become an asset to the community.
Birmingham police have used their review powers to tackle serious crime and disorder problems at a city centre nightclub. The premises was a 24-hour drinking establishment on a Friday and Saturday and evidence showed over 70 recent incidents of crime and disorder involving violence and weapons. On review, the Council restricted the hours restricted to 2.00 a.m. and placed stringent conditions on the Premises Licence.
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In Brighton and Hove, Sussex Police and Council Trading Standards have used the new review powers to tackle problems caused by persistent underage sales by supermarkets and shops. The reviews resulted in requirements for store owners to undertake risk assessments, staff training and some had their licences suspended.
The London Borough of Havering successfully used the review process to impose numerous conditions on a problem premises. As a result the premises was turned around and subsequently won the ‘best night club venue’ local night time award, with a judging panel including the police and a licensing officer.
Improved Partnership working
3.6 In the initial review, we found that improved partnership working between licensing officers and other enforcement bodies was starting to have a real impact. The latest case studies from SCs suggest that joint enforcement initiatives are continuing to deliver real improvements in the management of the night time economy, particularly in busy town and city centres.
Manchester City Council has established a Licensing Enforcement Project to undertake proactive night-time monitoring and enforcement action against licensed premises. The project contributes to several strategic targets in the Council’s Crime and Disorder strategy by ensuring that licensed premises are responsibly managed, and educating managers and staff about the dangers of selling excessive amounts of alcohol to people. It has helped to reduce the levels of extreme drunkenness and the Council considers that as alcohol and crime are linked, any action to help people drink sensibly will impact on reducing violent crime, domestic violence and anti- social behaviour. It has also carried out undercover surveillance and joint police operations to help prevent young people obtaining alcohol from off licences. The project has managed to resolve 84% of complaints at first visit and licence reviews have been instigated by Trading Standards, Police and Environmental Health usually resulting in hours and conditions being amended on the licence, or licences being revoked.
In Newcastle, the Best Bar none Award scheme run by the City Council and Northumbria Police under the Crime and Disorder Reduction Partnership is going from strength to strength and is starting to have a real impact on local premises. The competition goes from strength to strength and the "awards" are used by the licensing trade to market their premises. Large and small operators are now entering the scheme and it has helped develop and maintain safely managed premises.
Bristol City Council is pleased with the partnership working it has developed with the police, particularly outside of the main central Bristol areas where they have always had good relationships. A number of well run trade groups have been established, for example Bristol Harbourside Forum, which has in conjunction with the new laws, helped to reduce crime and disorder in certain hot spots.
And in Taunton Deane, the Borough Council is working with other agencies to tackle alcohol related crime and disorder through the Somerset Tackling Alcohol Related Crime (STARC) partnership. This joined up approach, which involves the Council, Police, Trading Standards, Community Safety and Crime and Disorder teams, is
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working well and, for example, promotes local proof of age schemes by providing posters and other support to licensed premises.
Licensing public land
3.7 Since the Act was introduced, the Government has encouraged local authorities to license public land in order to allow a range of events to take place throughout the year. Those using the sites will normally still be subject to certain conditions and restrictions, but they do not have to obtain a separate premises licence or give a temporary event notice.
To date over 150 councils are listed on the DCMS Register of Local Authority Licensed Public Spaces in England and Wales and around 1,500 of public spaces have been licensed.
Newcastle City Council has used the Act effectively to licence 24 areas of public open space placing the Council in an excellent position to both effectively manage these areas of land and at the same time promote the arts and cultural agendas of the Council. The licensed land has been used to stage weekend music festivals, such as the Green and Orange Festivals, and festivals reflecting the City’s cultural diversity, such as the MELA, as well as a host of other community based festivals and events.
Brighton Festival uses many venues within the city licensed for theatre, dance and music, but since the Council has licensed many of its open spaces the Festival also takes place in streets and parks with a programme of carnival, fireworks, large scale performance and the famous “Streets of Brighton”, street art, theatre, comedy and music.
4. DATA
4.1 Up to date licensing statistics for each Council are at Annex 1.
5. CONCLUSIONS
The Scrutiny Council Initiative
5.1 Scrutiny Councils are generally content that the Government has addressed, or plans to address, all the issues raised in the final Scrutiny Council report.
5.2 Inevitably new issues have emerged since the Act first came into force, such as the potential for public nuisance from people smoking outside premises. And SCs continue to have some concerns about the following issues:
x the collection of licence fees; x the development of a central licensing register; x temporary event notices; x lap dancing and adult entertainment;; x the advertising of applications and reviews; x the role of local councillors.
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5.3 The Government is already taking action on some of these issues. As described earlier, The DCMS Simplification Plan includes a commitment to bring forward proposals for improving the application process. These will cover issues such as advertising arrangements and notification periods. Issues and recommendations around the collection of licence fees were also raised by the Independent Fees Review Panel and the Government will be considered as part of its response to the Panel’s report.
5.4 The Government will continue to keep other issues, such as the development of a central licensing register and the role of councillors under the Act under review. It will also monitor carefully the implications of new developments such as the impact of the smoking ban on public nuisance outside licensed premises.
5.5 The issue of how far the Act can be used to regulate lap dancing and adult entertainment has been clarified by the Department in response to official correspondence.
5.6 The Home Office has lead responsibility for policy towards lap-dancing/stripping and censorship of plays because of its wider responsibilities for the law dealing with pornography, indecent displays, public indecency and obscenity. However, the Licensing Act 2003 provides an appropriate regulatory framework for all forms of regulated entertainment, including that of an adult nature, but only insofar as it impacts on the four licensing objectives: the protection of children from harm; public safety; prevention of crime and disorder; and the prevention of public nuisance. This means that any representations must be clearly linked to the one or more of the licensing objectives.
5.7 Although the Scrutiny Council initiative ended formally in June 2006, the Department continues to maintain its special relationship with the ten Councils to our mutual benefit. Ministers have sought views from SCs on early policy proposals in a number of areas and SC officers have participated in working groups on the review of Guidance and the proposal to introduce a process for minor variations to licences.
5.8 This has given Ministers valuable access to views from the ‘frontline’ of licensing and given licensing officers a taste of policy development at the centre. Ministers very much value the Councils’ contribution to licensing policy and will continue to use the SC network to test future policy proposals aimed at reducing unnecessary cost and bureaucracy arising from the licensing regime.
The Licensing regime
5.9 The Act was two years old on 24 November 2007 and, the feedback and evidence gathered from Scrutiny Councils to date is encouraging.
5.10 As residents become more aware of their powers under the Act, they are becoming increasingly involved in the licensing process. Representations from concerned residents are resulting in reviews of problem premises across the country, the imposition of tough new conditions and, in extreme cases, suspension or revocation of licences. Licensing authorities are working in partnership with the other enforcement authorities to tackle crime and disorder, public nuisance and sales
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of alcohol to children and a targeted approach to enforcement is starting to have a real beneficial impact, particularly in our town and city centres.
Blackpool Council said:
“ Under the new Law, we have been able to introduce and participate in new initiatives that were not possible under previous legislation, for example multi agency visits to public houses, hotels, take-aways and off-licences. The Council and its partners have worked closely with key stakeholders from the police, licensing trade and representatives from the tourism industry to flex its muscles and ensure that licensed premises are complying with the necessary legislation.”
And, in Brighton and Hove :
‘The spread in licensing hours appears to have reduced turmoil at closing time, reducing low level violent crime and the review powers have given police, environmental health officers and residents effective powers to deal with irresponsibly run licensed premises.’
5.11 The evidence collected from Scrutiny Councils suggests that the early benefits of the licensing regime are developing into longer term trends that, together with other measures, can help secure a lasting positive impact in our towns and cities.
12 EVALUATION OF THE LICENSING ACT 2003: APPENDIX C
Licensing Act 2003: Impact on terminal hour by market segment Page 425
Compiled by CGA Strategy for the Department of Culture, Media and Sport
November 2007 CGA Strategy
• GB’s leading licensed trade research consultancy – Established in 1991 • Clients include all major UK drinks companies/retailers – Mitchell’s & Butlers; Spirit Group; Punch Taverns; Luminar – Regent Inns; Nexum; Whitbread; Fuller, Smith & Turner Page 426 • Services founded desk, telephone and field research – Visiting 1,000 premises each month – Conducting telephone surveys with 3,000 licensees each month • CGA Strategy’s focus on the on trade – Unrivalled understanding of changing nature of pubs, clubs & bars • Continuous work with retailers, producers & regulators – Provides insight into present and future trends in the GB on trade
2 Research Aims & Methodology • To investigate the change in trading hours brought about by the introduction of the Licensing Act 2003 • Results presented for England and Wales across on-trade
• Drinks Places, CGA Strategy’s master database of the GB on-trade – Identified 44,968 premises with data on closing time pre/post-reform • 9,894 registered/social clubs • 3,383 hotels Page 427 • 1,182 nightclubs • 21,929 pubs and bars • 8,375 restaurants • 205 other • Time recorded by licensee as typical for closure on Saturday night – Analysis not therefore dry audit of permitted hours on premises licence – Genuine insight into how new Act being used on ground by operators • Analysts produced tables detailing – Spread of closing times pre/post-reform – Average closing time pre/post-reform
3 England & Wales Summary
• Overall picture is of evolution not revolution
• Average closing times across all outlets in E&W increased by 21 minutes – Not the radical shift predicted by many media commentators • 21% of pubs now closing at midnight – 25% fall in operators closing at 11.00pm Page 428 • 42% of bars close at 11.00pm – Fall of 13% as operators moved to midnight or beyond • 1 in 10 registered clubs now trading to midnight – Was 1 in 50 prior to transition • Doubling in number of nightclubs trading to 4.00am (8%) – Just 44% retained 2.00am terminal hour
4 Average Closing by Segment
• Pubs: up 27 minutes to a 23:30 average closing time
• Bars up 28 minutes to a midnight average closing time
• Registered Clubs up 56 minutes to a 23:56 average closing time Page 429
• Nightclubs up 31 minutes to 02:21 average closing time
• Hotels up 9 minutes to 23:27 average closing time – Note: this is closing time to public not residents
• Restaurants up 6 minutes to 23:06 average closing time
5 England & Wales – Headline closing time changes
23:45
23:31
23:16 Page 430
23:02
22:48
22:33 England & Wales Previous Closing Times 23:03 Current Closin g Times 23:24
6 England & Wales – Spread of closing times pre & post reform
• Migration away from traditional 23:00 closing time
• Majority of terminal hour change focussed on 23:00-00:00 – Very little activity moving later into the night
100%
75% Page 431
50%
25%
0% 21:30:00 22:00:00 22:30:00 23:00:00 23:30:00 00:00:00 00:30:00 01:00:00 02:00:00 03:00:00
Pre Reform 1% 2% 2% 68% 4% 9% 1% 4% 4% 1% Post Reform 1% 2% 2% 56% 7% 17% 1% 5% 4% 2%
Major Breaks Only 7 England & Wales – Headline closing time changes by outlet type
03:00
02:00
01:00 Page 432
00:00
23:00
22:00 Registered Pubs Bars Nightclubs Hotels Restaurants Clubs Previous Closing Time 23:03 23:32 23:00 01:50 23:18 23:00 Current Closin g Time 23:30 00:00 23:56 02:21 23:27 23:06
8 Pubs – Spread of closing times pre & post reform
• Migration away from traditional 23:00 closing time
• Midnight now popular alternative (1 in 5 venues) – Local pubs benefit to detriment of town centre venues
100% Page 433 75%
50%
25%
0% 22:30:00 23:00:00 23:30:00 00:00:00 00:30:00 01:00:00 02:00:00 Pre Reform 1% 88% 4% 4% 0% 1% 1% Post Reform 1% 63% 7% 21% 1% 5% 2%
Major Breaks Only 9 Bars – Spread of closing times pre & post reform
• Further migration away from traditional 23:00 closing time
• 00:00, 01:00 and 02:00 all seen a growth in popularity
60%
50% Page 434
40%
30%
20%
10%
0% 22:30:00 23:00:00 23:30:00 00:00:00 00:30:00 01:00:00 01:30:00 02:00:00 02:30:00 03:00:00
Pre Reform 1% 55% 3% 12% 1% 9% 1% 9% 1% 2% Post Reform 2% 42% 4% 18% 1% 13% 1% 12% 1% 3%
Major Breaks Only 10 Registered Clubs – Spread of closing times pre & post reform
• The hour extension proves to be the most common application
100%
75% Page 435
50%
25%
0% 21:00:00 22:00:00 22:30:00 23:00:00 23:30:00 00:00:00 01:00:00 02:00:00 Pre Reform 1% 3% 0% 87% 3% 2% 1% 1% Post Reform 1% 3% 1% 77% 4% 10% 1% 1%
Major Breaks Only 11 Nightclubs – Spread of closing times pre & post reform
• 03:00 is becoming a popular terminal hour in this sector
60%
50% Page 436
40%
30%
20%
10%
0% 00:00:00 01:00:00 02:00:00 02:30:00 03:00:00 03:30:00 04:00:00 05:00:00 06:00:00 07:00:00
Pre Reform 4% 3% 56% 2% 22% 1% 4% 1% 1% 1% Post Reform 4% 4% 44% 2% 30% 1% 8% 1% 3% 1%
Major Breaks Only 12 Hotels – Spread of closing times pre & post reform
• Hotels have witnessed little change
75% Page 437
50%
25%
0% 22:30:00 23:00:00 23:30:00 00:00:00 00:30:00 01:00:00 01:30:00 02:00:00 03:00:00 Pre Reform 2% 68% 5% 15% 1% 3% 0% 1% 3% Post Reform 2% 56% 6% 23% 1% 3% 1% 2% 3%
Major Breaks Only 13 Restaurants – Spread of closing times pre & post reform
• 30 minute/1 hour increase is the major change
• Little increase in trading past midnight
50%
40% Page 438
30%
20%
10%
0% 21:30:00 22:00:00 22:30:00 23:00:00 23:30:00 00:00:00 00: 30:00 01:00:00 02:00:00 Pre Reform 2% 8% 9% 44% 9% 15% 1% 2% 1% Post Reform 2% 6% 8% 41% 14% 18% 1% 2% 1%
Major Breaks Only 14 Conclusions
• The perception of 24-hour drinking culture is clearly unfounded • Overall the most common changes to terminal hour applications – 30 minutes – 1 hour • Many outlets have retained the traditional 11.00pm closing time • Pubs have seen an increase in midnight closing Page 439 – Particularly in suburban areas (now competing with urban circuits) • As expected nightclubs have moved beyond 2.00am – Maintain differential with pubs – Customers still beginning to head home at 1.00am • Some bars have applied for a 2.00am closing time – Further competition for nightclubs • Very little movement in hotel & restaurant applications
15 CONTACTS
CGA Ltd CGA Strategy Waterloo Place Watson Square Jon Collins Stockport Chief Executive
SK1 3AZ Page 440 Tel : 0161 477 5095 Phil Tate Fax: 0161 476 0456 Research Manager Email: [email protected] Nicola Quinn Research Analyst www.cgastrategy.co.uk
16 Page 441
The Licensing Act 2003 Report of the Independent Fees Review Panel
Submitted to the Secretary of State for Culture, Media & Sport December 2006 Page 442 Page 443 The Licensing Act 2003 Report of the Independent Fees Review Panel 3
Index
Page
The Panel 4
1. Chairman’s Foreword 5
2. Scope and Approach to the Review (including Terms of Reference) 7
3. Context 9
4. Licensing Authority Data Capture Exercise 15
5. The Model for Calculating Fees 17
6. Details of Income and Cost from the Sample Licensing Authorities 20
7. The Gap between Income and Expenditure: Fees for future years 29
8. The Gap between Income and Expenditure: The transitional period (2004-05, 2005-06 & 2006-07) 32
9. Other Fee Issues 35
Annex A: Interim Report – November 2005 45
Annex B: Licensing Authority Data – additional information 48
Annex C: Application Forms 52
Annex D: List of Stakeholders 55
Annex E: Panel Member Details 57 Page 444 4 The Licensing Act 2003 Report of the Independent Fees Review Panel
The Panel
Sir Les Elton (Chairman)
Clive Allen
Duncan Bowdler
Francis Patton
Brian Wilson
Paul Woods Page 445 The Licensing Act 2003 Report of the Independent Fees Review Panel 5
Chairman’s Foreword
As detailed in our Terms of Reference, we have been asked by the Secretary of State for Culture, Media & Sport to report on the system of fees introduced by the Licensing Act 2003. We wish to thank all those interested in the outcome of the review who have supplied us with information, constructive comment and support, and for their unfailing courtesy.
The Licensing Act 2003 was a major piece of legislation. We have found that stakeholders are generally positive about the intent of the Act and do feel that the new licensing system is beginning to settle down and to work well.
We have found our task to be a complex one, and almost all stakeholders have acknowledged that there will be no single right answer across all interested groups. Many of the diverging views are predictable, but we have also formed the view that bringing complexity to the process would not be helpful: it is too easy to benefit one group of stakeholders by producing unwanted and unnecessary problems for others.
We are conscious that this new licensing system has not yet settled to a clear pattern of future activity. This means that we have had to base our recommendations for future licensing fees on estimates made by the local authorities informed by their initial experience, rather than on the costs which will emerge. In this we were surprised at the lack of pattern to the differing levels of expenditure within the various authorities. This will always be an issue, as the fee levels for the future can only ever be based on costs of the past together with estimates. An intrinsic problem for authorities is not knowing how applicants for licences will behave, what objections may be received or what level of enforcement may be required. This was the case during the transitional period for the legislation and there is no reason to think that it will not be so in the future (for example, the forthcoming ban on smoking is likely to lead to a number of applications to vary from pubs and other premises). Lack of knowledge can add to fear in anticipating the likelihood of reviews and hearings; resources needed to deal with such activity may in fact not be required if the activity happens at a lower level.
We are aware that other papers have indicated an interest in this report and we are also aware of the Government’s response to those other reports (for example, The Office of the Deputy Prime Minister Committee1 (now Department for Communities & Local Government) and the Better Regulation Commission2. In a number of areas, as explained in the body of the report, we have come to similar conclusions but in others we differ.
My colleagues on the Panel were chosen for their expert knowledge and experience of the issues involved, and it is to their considerable credit that they have been able to contribute as individuals bringing that knowledge to bear on reaching unanimous conclusions and recommendations made in this report.
1 House of Commons – ODPM: Housing, Planning, Local Government and Regions Committee Re-licensing Second Report of Session 2005 -06; HOC 606, March 2006 2 The Better Regulation Commission (an independent advisory body whose terms of reference are to advise the Government on action to reduce unnecessary regulatory and administrative burdens, and ensure that regulation and its enforcement are proportionate, accountable, consistent, transparent and targeted) published its report Implementation of the Licensing Act 2003 in April 2006. Page 446 6 The Licensing Act 2003 Report of the Independent Fees Review Panel
In reaching a conclusion on what the total income to local authorities should be, our judgement was that it could never be a matter of simply totalling the local authority figures. Given the lack of a discernible pattern to the information we received, we have had to make our own judgments on what is reasonable and efficient, whether local practice and policies account for some differences, and to choose a method of recommending the total level of income from fees from the only information available to us which was that supplied by the local authorities.
Full details of our recommendations are in the relevant sections throughout the report, but in summary we have identified that there has been an excess of cost over income during the introduction and implementation of the Licensing Act 2003 (which we will refer to as the transitional period). We have concluded that the total that should be funded is £43 million for the three year period 2004/05 – 2006/07 and that this sum should be met by central Government. For future fees, we are recommending an increase to the current fees of 7% for the three year period 2007/08 – 2009/10.
Apart from the fee system itself, we have examined a number of connected issues particularly where stakeholders brought them to our attention as being relevant to overall costs of the new system.
Sir Les Elton Chair Independent Licensing Fees Review Panel December 2006 Page 447 The Licensing Act 2003 Report of the Independent Fees Review Panel 7
2. Scope and Approach to the Review
2.1 The Licensing Act 2003 provides for fees to be payable to licensing authorities in return for the functions that they undertake in respect of the Act. The fee levels are set centrally by the Secretary of State for Culture, Media and Sport. Following consultation with local authorities, industry, clubs, community facility groups and other stakeholders about licence fees, the Secretary of State announced the fee package on 20 January 2005. This was implemented by the Licensing Act 2003 (Fees) Regulations 20053 which took effect on 7 February 2005.
2.2 The objective of the Regulations is to set the level of these fees so far as possible to allow licensing authorities full recovery of their legitimate administration, inspection and enforcement costs of the new regime, while at the same time achieve arrangements which are fair to businesses of differing sizes and to non commercial organisations and other individuals seeking licences.
2.3 We have been tasked by the Secretary of State to review and report in autumn 2006 on the system of licensing fees introduced by the Licensing Act 2003 and the above Regulations. Our Terms of Reference (set out below) and work primarily concentrates on the impact of issues surrounding the licence fees structure. There are, however, contributing areas of licensing activity that we have considered which have an effect upon the cost of the new licensing regime.
2.4 We presented our interim report to Government in November 2005, focussing mainly on the start-up and Transition period during the introduction of the new legislation. That report contained four recommendations and identified nine areas of work for further consideration by ourselves during the first full year of operation of the new legislation, culminating in this, our Final Report (Annex A contains a summary of our interim report or go to http://www.culture.gov.uk/what_we_do/Alcohol_entertainment/ monitoring_and_evaluation/ifeereview.htm for full details.)
2.5 Our work during the review has involved engagement with over 100 organisations and individuals representing the wide range of licensing interests. We have taken evidence of their concerns and explored with them any problems that they perceive have arisen and the choices they have made in implementing and complying with the new licensing regime. We have also undertaken a detailed data collection exercise with licensing authorities in England and Wales covering the financial years 2004-05, 2005-06 and 2006-07. Further details about the data capture exercise with licensing authorities can be found in Section 4. The full list of stakeholders who have informed our work is at Annex D.
2.6 Throughout the review we have been supported by a Secretariat provided by the Department for Culture, Media & Sport (DCMS), which included assistance in collating
3 http://www.culture.gov.uk/what_we_do/Alcohol_entertainment/fee_levels.htm Page 448 8 The Licensing Act 2003 Report of the Independent Fees Review Panel
the information provided by licensing authorities. The baseline data from which we have worked was settled upon by ourselves, DCMS and the Local Government Association (LGA). The interpretation and analysis of that data which has informed our judgements has, however, been undertaken independently by ourselves.
Terms of Reference 2.7 We have been tasked by Secretary of State with: • considering whether the fees cover the full cost to licensing authorities; • identifying the scale, extent and nature of any problem(s) encountered by licensees/licence payers and licensing authorities; • making recommendations about how the existing fee structure and levels could be developed; • ensuring best practice is being fully realised across all authorities; and • identifying how the regime could be developed to address any other issues, which will include the impact of the structure of the fee scales on community amateur sports clubs, village and community halls.
2.8 We were asked to deliver to the Secretary of State: An interim report in the autumn of 2005 – focusing mainly on the Transition period, but based on findings it takes a forward look at implications for the first full year of operation of the system. A final report in the autumn of 2006, detailing findings and where appropriate making recommendations for the immediate and medium term development of the licensing fees regime. Page 449 The Licensing Act 2003 Report of the Independent Fees Review Panel 9
3. Context
Licensing Act 2003 3.1 The Licensing Act 2003, which received Royal Assent in July 2003, provides for a unified system of regulation of the activities of the sale and supply of alcohol, the provision of regulated entertainment, and the provision of late night refreshment. The purpose of the new system of licensing for these activities is to promote four primary objectives: • the prevention of crime and disorder; • public safety; • the prevention of public nuisance; and • the protection of children from harm
3.2 Licences and certificates are granted by licensing authorities (which are generally the local authority) under the Act for the area in which the premises are situated or, in the case of personal licences, in which the individual applicant is normally resident. The Transition period, during which existing licences and certificates could be converted to the new forms of licences and certificates commenced on 7 February 2005 (the First Appointed Day), and the new licensing regime took full effect on 24 November 2005 (the Second Appointed Day).
The Fees Regime 3.3 As we understand the policy of fee regimes, a fee or a charge is the price for a unit of service provided to a user (e.g. for the provision of a licence). Fees and charges should normally be set to recover the full cost of the service, whilst recognising that in some cases that may not be appropriate. Fees which are intentionally set to generate an excess of income over cost are presumed to be taxation.
3.4 The Licensing Act 2003 requires that fee levels be set centrally by the Secretary of State for Culture, Media & Sport; the Fees Regulations package was announced by DCMS on 20 January 2005 and took effect on 7 February 2005. The setting of fees is not based on the ability to pay, but on what is required to cover the costs of administering the regime. It is inevitable that with a national fees regime there will be outliers in terms of excess of income over cost and cost over income.
3.5 It has been stated by the Government that the taxpayer was, in effect, subsidising the cost of the previous licensing system for the sale of alcohol through the magistrates’ courts to a level of around £25 million per annum. The Government has consistently expressed the aim of ensuring that, so far as possible, the legitimate costs of local authorities’ administration, inspection and enforcement associated with the new regime should not fall on the central or local taxpayer, but on those choosing to engage in licensable activities. It is our view that there are different approaches for dealing with that which we address later in our report at Section 8. Defining that is a Page 450 10 The Licensing Act 2003 Report of the Independent Fees Review Panel
complex issue because it is difficult so soon under the new arrangements for appropriate standards of efficiency to be fully determined.
3.6 The Final Regulatory Impact Assessment4 (RIA) has, however, also made it clear that fees should not be set at too high a level from the point of view of individual organisations as this would create an unfair financial burden on voluntary groups, charities, members clubs, industry and others who pay fees. We realise, of course, that fee payers with licences for the sale of alcohol from the previous magistrates’ system – where a renewal fee of £30 was payable every three years – will already have had the surprise of a perceived unsubstantiated increase.
3.7 Following the laying of the Fees Regulations, local government said that the fee levels were too low and non-commercial bodies and industry said too high. The Secretary of State therefore agreed to the Local Government Association’s (LGA) request for an independent review of the fee levels based on practical experience following implementation.
3.8 Reaching a conclusion about the fees regime, both for the start-up and transitional periods, and for future years, has inevitably been a complex task. Local government has said that there is a shortfall for the transitional period and future years and the excess of expenditure should be met. Other stakeholders maintain that if some authorities can undertake their licensing functions at cost, then it should be possible for all authorities to do so.
3.9 The overall purpose of the Licensing Act 2003 is to regulate licensable activities. It is not a taxing Act. The assumption would therefore be that it is not intended as a tool for raising revenue. During our research it has been suggested to us that as part of a broader drive to help curb anti-social behaviour, the level of licensing fees should be set to include the costs of enforcement action (such as activity undertaken by Trading Standards’ under- age test purchasing). The fees are, however, used by licensing authorities to carry out their duties in respect of implementing the Act, not to cover associated costs.
Local Government 3.10 It is worth setting out the context of local authorities and the issues which then became relevant when a national function is placed within a local delivery mechanism.
3.11 Local authorities derive their income from a range of sources including fees and charges and council tax, and the Government’s contribution to financing local services which is made up of the national non-domestic business rate, Revenue Support Grant and specific grants. In 2006/07 this contribution amounted to approximately £68.8 billion for England and Wales5. The latest statistics for 2006/07 budgets show that after deducting income from fees and charges, the revenue expenditure of local authorities is funded as follows:
4 Final Regulatory Impact Assessment – The Licensing Act 2003 (Transitional conversions fees) Order 2005; The Licensing Act 2003 (Fees) Regulations 2005 5 Source: Department for Communities & Local Government Local Government Finance Key Facts November 2006 and Welsh Assembly Local Government Finance Division. Page 451 The Licensing Act 2003 Report of the Independent Fees Review Panel 11
Funding of Local Government Revenue Expenditure 2006/07
Redistributed Business Rates 20% Council Tax 26%
Government Grants 54%
3.12 These figures are average national figures and the proportion of funding does vary between local authorities quite significantly, depending upon the type of services that authorities provide, their share of government grants and the relative size of their authority taxbase. Central Government has a great deal of influence over each of these sources of income as it sets the level of grants and redistributed business rates each year and limits the extent to which local authorities can increase the level of their council tax. In recent years, Government has sought to cap increases in council tax that are above 5% per annum.
3.13 This means that where local authorities incur additional costs, these must either be funded from use of reserves, from increases in future council tax levels (where this is possible) or from savings in other services. If additional income was generated from fees in the future then this income could be used to pay back the use of reserves. If reserves were not replenished from fee income then authorities would have to take a view on the adequacy of their reserves and either top them up in future from savings elsewhere within their budgets or from council tax income, where this is possible.
3.14 When the new licensing function was made the responsibility of local authorities, a number of positive things were able to happen. Decisions which balance the interests of the objectives of the legislation, applicants for licences and the general public can be considered by a body used to balancing interests in taking decisions. For licensing, those decisions can be made locally, and authorities can operate the function in the context of a broader partnership approach to issues around local economies and social issues around behaviour. However, those aspects of the nature of local authorities which are all so positive in this regard can complicate matters, such as assessing and calculating the proper costs of dealing with responsibilities under the licensing legislation and how those costs should be met. Page 452 12 The Licensing Act 2003 Report of the Independent Fees Review Panel
3.15 At the same time, however, local authorities are not simply administrative organisations. Their policies are set by elected councillors who take a view on relative priorities on many functions and which obviously can affect those costs. When the new licensing regime was introduced, authorities had to make individual decisions about what they would do to implement and comply with the Act, including decisions about how many staff to employ to carry out the work and when each of those employees would be brought onto the payroll (at which point their cost would commence).
3.16 One particular problem for authorities was that no one knew exactly how and when applicants would apply for their new licences. This was partly aggravated by the timing of the Fee Regulations which were laid on 20 January 2005, only a matter of weeks prior to the First Appointed Day; the late-laying of Fee Regulations and the Statutory Instruments6 relating to the application forms and plans, and issues surrounding the date set for the annual fee were key reasons given to us for the later than anticipated receipt of applications during the Transition period. Some local authorities erred on the side of caution and employed staff before the applications came in, finding themselves expending money in advance of the intended activity or any income. Others used existing staff until sufficient applications had arrived to require the services of new staff who were then employed to handle the work. Clearly the second approach proved to be less expensive, but it can be seen why different authorities adopted different approaches.
3.17 Furthermore, a function such as licensing tends to be grouped in managerial responsibilities with other similar functions, so that one manager is responsible for a range of separate budgets or a combined budget which includes income and expenditure for each function. When the new function of licensing was introduced, some authorities appear to have expected those managers to use some flexibility across their different functions and budget to minimise any extra expenditure in the year in question. On occasions, therefore, staff who would have been engaged in work on one of the related functions had to handle the additional activities of the Licensing Act work. In the process, work on that other function may not have happened, possibly leading to that work being delayed. Confusion can then flow from the fact that there was additional activity required by the new Licensing Act but it might not have fallen on the council taxpayer, but rather costs may have been met by postponing other work.
Fee Payers 3.18 It is of course also relevant to look at the impact on industry and, more importantly, the thousands of individual business people, voluntary groups and charities who now deal with local authorities through the Licensing Act 2003.
6 http://www.opsi.gov.uk/si/si2005/20050042.htm http://www.opsi.gov.uk/si/si2005/20050040.htm http://www.opsi.gov.uk/si/si2005/20050041.htm Page 453 The Licensing Act 2003 Report of the Independent Fees Review Panel 13
3.19 From a fee payer’s perspective, many of the issues faced by local authorities were mirrored in their own organisations. Industry already had experience of dealing with local authorities through areas such as planning and were therefore aware of the fact that each authority had their own individual, variable approach. For some fee payers, the introduction of the Licensing Act 2003 may have been their first substantive experience of dealing with authorities.
3.20 As with local authorities, fee payers had to make individual decisions about what they would do to implement and comply with the new legislation, including decisions about how many staff to employ to carry out the work. Again, as with local authorities, fee payers were unsure as to how and when they would apply and this was also partly driven by the late laying of the fees regulations. In particular, the fact that the final sign off for the detail behind forms and plans was only a matter of weeks before the First Appointed Day on 7 February 2005. As a result, the industry employed and continues to employ additional staff to cope with the workload, and individual licensees commissioned and continue to commission additional legal support. Other licensees also had to use and have continued to retain additional resources and assistance.
3.21 Whilst the Government has said it expects the new licensing regime to produce savings for industry of about £2 billion over a period of 10 years – through reduction in the associated cost of the new licensing processes rather than through the fees paid, we understand that the industry does not agree with this figure.
3.22 The industry has said that its overall costs since the introduction of the new licensing legislation are more than originally anticipated. Reasons include, for example: • the costs of advertising applications; • the time and effort involved in the application process; • the time and cost involved in the variation process; • the number of Designated Premises Supervisor (DPS) transfers required; • the number of hearings and appeals; • where additional conditions are applied; and • the late introduction of the multiplier prior to the Fees Regulations taking effect in February 2005;
Perception and Reality 3.23 The Licensing Act 2003 is a significant piece of legislation. It has provided for a major change in the way licensable activity can be undertaken, consolidating as it does six licensing regimes into one, reducing the number of forms from nearly 200 down to under 20 and reducing the number of licensing authorities to one. The Act has also harmonised consideration of the sale of alcohol with regulated entertainment and sale of late night refreshment (between 23.00 and 05.00). Page 454 14 The Licensing Act 2003 Report of the Independent Fees Review Panel
3.24 The Office of the Deputy Prime Minister Committee and Better Regulation Commission reports highlighted lessons to be learned to help Government implement large pieces of legislation in future, and made a number of recommendations for future licensing arrangements. We are also aware that DCMS recently published a Better Regulation Simplification Plan7 which identifies areas to help reduce the administrative burdens arising from the Licensing Act 2003.
3.25 The first anniversary of the Second Appointed Day has recently passed. In the run up to the 24 November 2005 and for the past 12 months, there has been much said about the 24-hour, seven-day-a-week drinking climate and the impact on cities, towns and villages throughout England and Wales. In practice this has meant a move into an environment of no fixed hours, and the application process for a licence taken out of the magistrates courts and into locally elected bodies (licensing authorities). There are perceptions of the new licensing arrangements as played out in some parts of the media that are not necessarily reflected in our experience in talking to stakeholders.
3.26 Whilst acknowledging that it is probably still too early to draw any firm conclusions about the new regime, the feedback we have received from stakeholders that have engaged with us throughout the review process – both local government and fee payers – has been generally positive about the intent of the Act. It seems to us that new licensing systems are working now that they are starting to settle down.
7 http://www.culture.gov.uk/Reference_library/Publications/archive_2006/simplificationplan_2006.htm?contextId= {89A6F8D9-FA43-4DAD-9DF4-364AC840A261} Page 455 The Licensing Act 2003 Report of the Independent Fees Review Panel 15
4. Licensing Authority Data Capture Exercise
4.1 In order to assess the level of costs that should reasonably be incurred to efficiently and effectively deliver the statutory licensing function, it was very important to clarify and understand the reasons for differences in net transitional and estimates of annual ongoing costs between licensing authorities. We also needed to look at the issue of local authority inspection and enforcement activity.
4.2 We discussed with DCMS, the LGA and the Local Authority Co-ordinators of Regulatory Services (LACORS) the data we believed we required in order to support us in the next stage of our work. We settled on the forms8 for consulting all licensing authorities in England and Wales in January 2006 (including the Middle Temple and Inner Temple and the Isles of Scilly Council) about the level of impact of the new licensing regime. We are grateful to the LGA for circulating the data capture forms to authorities on our behalf. We requested data which included information about activity during set-up and Transition (2004-05 and 2005-06) and an estimate of the potential ongoing net costs of licensing arrangements during the current financial year (2006-07) – the first full year of operation under the Licensing Act 2003. There was a four-phased approach to the task and authorities were asked to provide information as follows: PHASE 1 basic income and costs date (by 1.2.06) 274 authorities responded (73%) PHASE 2 number of licences, large events and detailed fee income (by 15.2.06) 242 authorities responded (64%) PHASE 3 detailed costs and staff resource data (by 15.03.06) 208 authorities responded (55%) PHASE 4 key facts and cost drivers (by 15.04.06) 171 authorities responded (45%)
4.3 All authorities were given the option to agree that the information they provided for us be shared with the LGA. The final cut off date for the returns was 26 May 2006; we had to have an end point so that we could start to clean and analyse the returns. The handful of authorities that responded after that date were therefore excluded from the exercise. We are very grateful to those who contributed to our research, and appreciate that it was a time consuming but for us a very necessary exercise.
4.4 Our analysis for the report has focused primarily on a sample of 155 authorities for which consistent income and expenditure from all four phases was available. This sample represents 41% of all licensing authorities in England and Wales, and is broadly representative of the total authority population in terms of authority region and type. A breakdown of the sample in these terms is included at Table A1, Annex B.
8 The data capture forms that were issued to licensing authorities can be found at : http://www.culture.gov.uk/what_we_do/Alcohol_entertainment/monitoring_and_evaluation/ifeereview.htm Page 456 16 The Licensing Act 2003 Report of the Independent Fees Review Panel
4.5 The data exercise was followed by visits to a number of licensing authorities in May/June 2006, to discuss in more detail the information provided, any problems that arose, and the choices made in implementing the new licensing regime. The different types of local authorities visited had provided returns that indicated variable differences between income and cost. The authorities visited were Bath, Birmingham, Cardiff, Chichester, Doncaster, Leeds, Mole Valley, Northamptonshire Licensing Partnership9, South Bucks, Vale of Glamorgan and the City of Westminster.
4.6 We found the meetings with individual local authorities extremely useful in gaining an understanding of the wide range of underlying issues that were reflected in the income and cost information that had been submitted. Not unsurprisingly, it is clear authorities had some unique features in terms of the circumstances they faced and in their approach to resolving issues in order to implement the new legislation as effectively as they could. Examples of good practice were identified in all authorities including risk- assessed and targeted enforcement, and authorities that combined their resources to administer the processing of licences; we were impressed by the professional approach being demonstrated to making the new legislation work and would like to thank all concerned for their help in enabling us to gain firsthand an understanding of the issues that they had faced.
4.7 Further information was provided to us by the LGA/LACORS and London Councils, which highlighted a number of key issues that the organisations considered to be relevant. This was helpful in giving an overview of the position and identifying common issues and cost drivers.
9 The Northamptonshire Licensing Partnership: East Northamptonshire Council, Kettering Borough Council, Corby Borough Council, Borough Council of Wellingborough, and Daventry District Council – have combined resources and set up a centralised unit to administer the processing of all licences under the new legislation. Page 457 The Licensing Act 2003 Report of the Independent Fees Review Panel 17
5. The Model for Calculating Fees
5.1 In our interim report, we reflected that a range of stakeholders were supportive of the current national, unified system and said that centrally set fees removed the inconsistencies in fee levels that previously existed (particularly for public entertainment licences), creating a fair and level playing field across England and Wales. Whilst some acknowledged that non-domestic rateable value (NNDR) did not provide the ideal mechanism for calculating fees, this classification could be applied across premise type, and they recognised that there may not be a better model on which to determine the fee scales. Others firmly considered it was not the best mechanism for calculating fees for the different types of applicants. However, no universally applicable alternative solution was supplied at the time.
5.2 In our own considerations there were a number of options for calculating and implementing fees. These range through: • locally determined fees locally applied • locally set fees within a national regime • nationally set fees locally applied (the present system) • nationally set fees nationally applied • nationally set fees with local discretion for specific licenced activities/premise types
5.3 We said that we were open to receiving either alternative methods or mechanisms for calculating fees, but these would need to be considered as part of broader considerations. Subsequently, a number of different systems have been suggested to us, all reflected in the combinations above.
5.4 We have also been presented with a varied range of options for calculating fees as an alternative to NNDR, including towards the end of our research, detailed proposals received from LGA/LACORS and London Councils. These papers reflect the Government’s view that local authorities should not be out of pocket as a result of the fee structures, but also acknowledged that fees should only ensure recovery of costs reasonably incurred under the Act.
5.5 The preferred approach by LGA/LACORS was that local authorities should set their own fees – with discretion for varying them and to pursue best practice and innovation. The paper also considered the recovery of excess expenditure over income and sanctions for non-payment of the annual fee. It also proposed five alternative structures for calculating fees involving hours, location and activities, and capacity.
5.6 The London Councils’ paper identified the effect of a national scheme on London authorities and the need for increased fee income for London boroughs in order to achieve full cost recovery. The paper maintained that neither a national nor a London specific scheme could meet the excess costs over income in some boroughs. Two alternative models for fees were suggested based on rateable value and on identified Page 458 18 The Licensing Act 2003 Report of the Independent Fees Review Panel
cost drivers. The model using rateable value acknowledged this as a plausible basis for a licensing fee structure but suggested that other factors are required to recover costs, including alterations to the banding.
5.7 We have considered fully the options put to us throughout the review. From our own research, whilst there was support amongst some licensing authorities to set fees locally, we heard a stronger range of voices from fee payers and some local licensing officers who supported the application of a nationally determined locally applied fees regime. We have considered all these options fully, but we believe that, (with the exception of fees for large events; see Section 9), the fees regime should continue to be a national regime locally applied. Ultimately this removes the complexities of a locally decided system, and the extra costs incurred by some authorities by virtue of location are catered for by Government’s contributions to financing local services. Trying to reflect cost differential within the fee structure moves away from a national regime locally applied. We believe that a consistently priced and applied regime provides certainty to those engaged in licensing activity in their application for a licence – wherever they are based – and for licensing authorities in the billing of fees. Finally, we also believe that a mechanism which re-introduces additional costs for differential hours moves away from a fundamental deregulatory premise of the Act: that of no fixed hours.
5.8 Our overall aim has been to simplify the regime where possible and appropriate, and we are concerned that the alternative suggestions for setting fees run the risk of adding complexity. We acknowledge that NNDR as a basis for fee banding may not be perfect, but no universally approved alternative system has been presented that is transparent, simple, consistent for different types of licence holder and also provides for licensing authorities to recover costs. It is also an established system that existing or new licensees will be aware of; other system/s would need to be devised and the legislation amended. We believe that such a major amendment so early in the fees regime would be disproportionately costly and confusing and have, therefore, also concluded that the means for allocating premises to fee levels should continue to be NNDR.
5.9 We have dealt in more detail with an element of the banding in relation to Bands D and E (Section 6), but have concluded that a splitting of the existing bands (for example, dividing Band B in two and therefore creating an additional Band, F) would recreate issues for fee payers who would fall near to the new dividing line.
5.10 We also noted in our interim report that stakeholders had told us about concerns where licensable activity is only a small area of a much larger premise. The licence fee is not based on the rateable value of the part of the business premises selling alcohol but on the premises as a whole (for example, camping and caravan holiday parks). Some stakeholders wanted the link between NNDR and fee banding reconsidered so as to ensure that fees are calculated on the hereditament10, the proportion of the licensed activity of the business (for example licensed activity
10 Rateable Value(RV) applies to the whole premises/area. Hereditament is the part of the property to which the RV is applied. Page 459 The Licensing Act 2003 Report of the Independent Fees Review Panel 19
occupying a portion of a larger premise, particularly a warehouse). We agreed to look further at this as more data from sectors became available and to explore this issue with the Valuation Office Agency.
5.11 We have considered carefully proposals put to us that the level of fee should be based on the rateable value of the part of the business premises selling alcohol rather than the rateable value of the premises or site as a whole. We are not, however, prepared to support this proposal. Our view is that alcohol bought at the point of sale can be consumed anywhere on the premises or site. The four principles of the Licensing Act 2003 apply equally to the whole area (as private land) as well as at the point of sale. DCMS may wish to consider, however, in cases where sales/consumption are limited to a certain part of a building for real reasons, whether the licence holder could explore the possibility of varying the licence so that the “premises” only extends to that part and hence the rateable value could be adjusted accordingly. Page 460 20 The Licensing Act 2003 Report of the Independent Fees Review Panel
6. Details of Income and Cost from the Sample Licensing Authorities
Background to fees regime and assumptions 6.1 The Regulatory Impact Assessment (RIA), which accompanied the Fees Regulations, took effect in February 2005. It estimated that had the previous licensing regimes continued, compliance costs would be around £41.8 million per year for the 4 year period from 2004-05 (£167.2 million). It stated that the taxpayer was, in effect, subsidising the cost of the previous magistrates system to a level of around £25 million per annum. In addition, it also said that local government was carrying a deficit of around £7 million per annum for the Public Entertainment Licence system for which it had responsibility.
6.2 The RIA stated that over a period of 10 years, the Government expected the new licensing regime to produce savings for industry of about £2 billion – through reduction in the associated cost of the new licensing processes rather than through the fees paid. We understand that a year on from the full implementation of the Licensing Act 2003, the Government maintains this estimate. We understand, however, that the industry does not agree with this savings figure.
6.3 The RIA estimated that around 190,000 businesses and other stakeholders would be captured by the new fees regime. There would also be around 240,000 individual personal licence holders.
6.4 The RIA made the following assumptions about licensing authority income: • first year following first appointed day (Feb 05- Feb 06) = £55.8m • year following that period (Feb 06-Feb 07) = £51m • year following that period (Feb 07- Feb 08) = £52m
6.5 Following our extensive research and data capture exercise with licensing authorities (see Section 4) it would seem that licensing authority income is broadly in line with the RIA assumptions, but that there have been potentially around 210,000 premises licences issued.
6.6 We requested a large amount of information from authorities in a short timescale, which led to some gaps in the data that has been provided. Whilst, in association with the LGA, we have endeavoured to undertake as much cleaning of that data as possible, the returns have been incomplete in areas. We had to prioritise, and the 41% sample authorities provided the most complete information available as indicated at paragraph 4.4 above.
6.7 Local authorities are autonomous bodies that all work differently from each other, and there has been a variable pattern to the information received from them. There is clearly a large variation of licensing authority costs; some authorities have delivered Page 461 The Licensing Act 2003 Report of the Independent Fees Review Panel 21
the implementation of the Act on the basis of income, but others have not been able to do so. During our research, we have come across some examples of very good practice. Further good practice will clearly develop over time as the new system settles into a steady state, and this should impact on the income that authorities require in order to operate the system.
6.8 The detailed information on income and costs was supplied in phases 2 and 3. Information was provided for three financial years – 2004/05 actual figures, 2005/06 estimated outturn and 2006/07 estimates. A significant funding gap is reported for each year, with a £50.7m estimated three year gap for this sample of 41% of licensing authorities.
Table 1: Summary of Income and Costs for Sample Authorities
2004/05 2005/06 2006/07 Total
£m £m £m £m
Costs 17.3 43.7 38.4 99.4
Income 0.3 27.9 20.5 48.7
Net excess of cost over income 17.0 15.8 17.8 50.7
6.9 While reported cost exceeds income by £50.7m for the sample, the picture at individual local authority level varied significantly. The gap for a single local authority over the three year period ranged from an estimated net excess of cost over income of £8.6m at one extreme to a net excess of income over costs of £0.14m. The scale and range over the three year period is illustrated in the chart below.
Chart 1 Estimated Three Year Net Cost per authority
(£000’s) 9,000 8,500 8000 7,500 7,000 6,500 6,000 5,500 5,000 4,500 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 0 -500 Page 462 22 The Licensing Act 2003 Report of the Independent Fees Review Panel
6.10 There are large estimated excesses of cost over income of over £1.0m in eight (5%) of local authorities in the sample. Seven of these are located in London. Ten local authorities estimated that they would make a small net excess of income over costs over the period.
6.11 The scale of the net excesses appears to vary for a wide range of factors. These are described in detail in paragraphs 6.18 to 6.35 below. To reflect the impact on the figures shown above, costs in relation to income (calculated as a % of costs in relation to income) has been identified. These are illustrated for each of the survey authorities in Chart A1 in Annex B.
6.12 This analysis shows that for the majority (94%) of local authorities in the sample, costs are expected to exceed income over the three year period 2004/5 to 2006/7. In particular, we have estimated that over the three year period, the total reported excess of costs over income for all shire district authorities was equivalent to around 0.35% of their total budget requirement. In comparison, this figure was 0.05% for all other classes of authority together. The apparent effect on shire district budgets was therefore around seven times of that on other authorities. The design of our data capture form meant that all estimated costs in 2006/07 had to be returned as on-going running costs (see paragraphs 7.3 and 8.2).
Income 6.13 The phase 2 returns provided information about fee income for the licensing authorities. A summary of the results of information about income is given in Table 2 below. This shows the make up of the fee income. The key issue for 2006/07 and beyond will be the level of the Annual Fee, which in 2006/07 was estimated to make up around three-quarters of total fee income for the year.
Table 2 Summary of Income for sample authorities
2004/05 2005/06 2006/07 Total
£m % £m % £m % £m %
Premises Fees 0.2 64% 23.2 84% 3.4 17% 26.8 56%
Annual Fee – – 0.1 0.5% 14.9 74% 15.0 31%
Personal Licences 0.1 36% 3.6 13% 0.7 3% 4.3 9%
Temporary Event Notices – – 0.3 1% 0.7 3% 1.0 2%
Other – – 0.3 1% 0.6 3% 0.9 2%
Total 0.3 100% 27.5 100% 20.2 100% 48.0 100%
Totals differ from Table 1 as income breakdown not available for all licensing authorities. Totals may not sum due to rounding. Page 463 The Licensing Act 2003 Report of the Independent Fees Review Panel 23
6.14 There were reportedly significant differences in the level of income received by licensing authorities around the country. One of the significant variables is the different mix of properties in the higher bands D and E for the premises licence.
6.15 Chart A2 in Annex B shows the significant variation in the level of higher fee earning bands D and E. These premises range from under 1% to 44%, which makes a considerable difference to the level of licensing fees that have been received by individual authorities.
6.16 A regional analysis of the proportion of properties shows some differences, with London having a higher level of Band D and E fee properties. The variation is shown below.
Chart 2 Regional analysis of premises by band
100%
80%
E
60% D
C
40% B
A
20%
0% East East London North North South South Wales West Yorkshire & Midlands East West East West Midlands Humberside
6.17 Where properties did exist in Bands D and E, some authorities identified difficulties in applying the multiplier11, due to the interpretation of the legal definition of when the multiplier should be applied. While not all properties in these bands would pay a multiplier, there was a significant difference between authorities in the proportion of properties where the multiplier had been applied. The quality of the sample returns seemed to reflect some of this misunderstanding and may have over-inflated the number of multipliers recorded. As such, we are unable to determine the exact extent to which the multiplier has been applied. We believe, however, that the multiplier may have been applied to around half the pubs in Bands D and E during Transition. We understand that this is generally in line with the Government’s original assumptions. The significant variation between authorities in the application of the multiplier is illustrated in Chart A3 at Annex B.
11 In setting the current fees regime, the Government included specific flexibilities which they said would address disproportionate costs expected to arise in respect of certain classes of premises. One of these is large premises engaged exclusively or primarily in the sale of alcohol for consumption on the premises and which, they say, generates disproportionately high enforcement costs to which it would be unreasonable to expect other businesses to contribute. Accordingly, a multiplier was applied to town and city centre pubs, falling in Band D (twice the fee) and Band E (three times the fee). Page 464 24 The Licensing Act 2003 Report of the Independent Fees Review Panel
Costs 6.18 The cost data collected in the phase 3 returns gave the following summary analysis of costs between 2004/05, 2005/06 and 2006/07. The majority of costs in 2004/05 were attributed to set up costs; around half in 2005/06 were classed as Transition and half were classed as ongoing running costs. All estimated costs in 2006/07 had to be returned as on-going running costs. The estimated running costs reported for 2006/07 of £37m were only 8% lower than the running and transitional costs estimated for 2005/06.
Table 3 Summary of Cost for sample authorities
2004/05 2005/06 2006/07
£m £m £m
Set-up costs 11.8 – –
Transitional costs 4.2 20.0 –
Ongoing running costs – 20.1 37.0
Unallocated 1.2 3.1 0.9
Total 17.2 43.2 38.0
Totals differ from Table 1 as income breakdown not available for all LAs. Totals may not sum due to rounding.
6.19 An important element of the phase 3 returns was to try to identify the likely level of ongoing running costs. Information that we have received and research undertaken after the returns were submitted indicates that the level of ongoing running costs in 2005/06 may understate the underlying level of ongoing activity, although the extent of the understatement is not known. One reason for this is that some authorities indicated that they had to reduce the level of inspection and ongoing activities to help with the processing of licences by the deadlines. However, it became clear from information provided subsequently from some individual authorities, that elements of transitional costs were still estimated to occur in 2006/07, which means that the figures reported as ‘ongoing running costs’ in 2006/07 are likely to overstate the level of ongoing revenue costs. In some cases the extra transitional costs may be significant. This leads to considerable uncertainty about the real level of ongoing running cost.
6.20 What is clear to us is that there is a significant reported excess of cost over income in 2004/05 and 2005/06 and a significant reported estimated excess of cost over income in 2006/07 and that much of this relates to set up and transitional costs.
6.21 The phase 3 return also gave an indication of what areas of activity the costs related to. The information that was returned in phase 3 is summarised in Chart A4 in Annex B. Direct employee costs accounted for 57% of overall costs and included staff employed by the authority as well as agency staff. Indirect staff support such as Legal, Finance and Human Resources services was included in Support Services Employees and in some cases contracted IT support and costs and fees for contracted services appeared in Supplies and Services. The majority of costs were therefore related to direct and indirect employment of people, which reflects the nature of the activity. Page 465 The Licensing Act 2003 Report of the Independent Fees Review Panel 25
6.22 The phase 3 returns also gave an indication of the estimated spend on activities of the Responsible Authorities12 involved in licensing (excluding fire and police authorities). Whilst the quality and completeness of the returns for Responsible Authorities varied greatly, that information covering the three year period is summarised below and gives an indication of what areas of activity the costs related to. This information is presented in Chart A6, in Annex B.
6.23 There is a considerable variation in the reported cost of licensing activity between authorities, which is not explained by the size of authority or by the number of licences that the authorities had to process. Our visits to authorities helped to identify some of the reasons why there was an excess of costs over income and why they varied so significantly. Some of the costs related to external factors over which the authority had little control. These included: • the geographical characteristics of an area, for example where reaching businesses that are distant or isolated – bringing with it extra (sparsity) costs; • the varying impact of the late laying of the fee regulations – laid on 20 January 2005, only a few weeks prior to the first date that applications could be made to authorities on 7 February 2005, and the details on plans and forms provided on 17 January 2005; • the proportion of smaller/independent businesses as opposed to larger businesses in the area. In some cases, applicants that can least afford the higher fee actually create the greatest level of cost for authorities. Overall authority costs often derive from a proportionately small number of applicants; • differences in the need to communicate the new arrangements, including the need for translation arrangements (ongoing education); • different responses from applicants and interested parties, resulting in different numbers of appeals and hearings.
6.24 There also appeared to be differences in cost due to differences in local policy, general approach and specific operational decisions taken by the individual authorities, and events that had occurred; examples included : • different local instructions about cost control; • differences in the timing of the recruitment of staff to manage and process the applications; • different approaches to IT solutions to record and administer the new arrangements, including some IT implementation problems; • different approaches to proactive engagement with interested parties, • differences in the approach to mediation to resolve issues, both from the authority and partner organisations such as the police;
12 Responsible authorities are public bodies that must be fully notified of applications and that are entitled to make representations to the licensing authority in relation to the application for the grant, variation or review of a premises licence. These include: the police, local fire authority, local enforcement agency for health & safety, local agency for environmental health, local planning authority, and bodies responsible for protection of children from harm. Page 466 26 The Licensing Act 2003 Report of the Independent Fees Review Panel
• differences in the approach to implementation of the regulations/ guidelines and in the interpretation of the guidance; and • differences in the approach to enforcement arrangements and practices, which resulted in significantly different levels of enforcement and cost (see paragraphs 6.27 to 6.33 below).
6.25 In authorities with very low costs, it was generally found that things had gone well and that any issues that had emerged had been addressed in a very pragmatic way, often by very experienced managers and staff. Cheaper solutions had been found for dealing with issues and problems in some cases with a view to keeping within tight financial constraints. In some cases, it appeared that solutions were pragmatically aimed at getting the job done. There were generally fewer appeals and hearings, sometimes as a result of early communication or mediation, which either avoided more controversial applications being submitted in the first place or objections being resolved without the need for more expensive hearings. Hearings were managed in ways that reduced costs. In some cases, authorities felt that in order to keep within tight financial guidelines, they had to stop other enforcement or inspection activity and restrict the level of activity that they would have wished to carry out. In some cases the reported costs did not reflect the full additional cost of the activity. Very low costs may therefore reflect a risk-based targeted approach to inspection and enforcement. In others, it was because authorities may have understated the true cost of implementing the new arrangements.
6.26 In authorities with higher costs there appeared to be a range of reasons for this, some of which were beyond the control of the individual authority and some which were the result of policy or operational decisions by the authorities themselves. From our visits to authorities, higher numbers of hearings and higher levels of inspection and enforcement action appear to be key factors. Specific examples of issues that resulted in higher costs are : • applicants not acting as expected and authorities reacting differently to those circumstances. • staff resources being put in place in good time to ensure successful implementation of the new legislation, were then not immediately required because, for example, applicants were not in a position to make their applications due to the late laying of the regulations prior to the first appointed day, or that they made a decision not to make an early application for other reasons. While staff were often redeployed to other activities this did result in net additional costs. • some difficulties with the implementation of new IT systems resulted in significant delays and extra cost. • one authority found the need to undertake considerable additional education and enforcement activity when it found that large numbers of particular premise types had either not applied for licences or were not aware of their responsibilities under the Licensing Act 2003. Page 467 The Licensing Act 2003 Report of the Independent Fees Review Panel 27
6.27 From the information collected in our data capture exercise and visits to authorities, it was evident that authorities had each taken a local approach to inspection and enforcement, both in the level of activity and the means that it was applied. Some were looking to visit all premises that made an application, with the involvement of all responsible authorities. Others were targeting certain types of premises.
6.28 Paragraph 3.57 of the Secretary of State’s Statutory Guidance13 to licensing authorities states “The 2003 Act does not require inspections to take place save at the discretion of those charged with this role. The principle of risk assessment and targeting should prevail and inspections should not be undertaken routinely but when and if they are judged necessary. This should ensure that resources are more effectively concentrated on problem premises”.
6.29 The Hampton Report14 recommends a clear set of principles around which regulatory enforcement should be built. Overall, the report recommends that burdens on business should be reduced by helping interactions between enforcers and business through more co-ordinated, more consistent and better targeted visits. The key findings try to entrench the principle of risk assessment throughout the regulatory system and points out that based on past experience its proposals could reduce the need for inspections by up to a third. By taking this approach, more time would be available for enforcement bodies to provide advice and support. The panel support this approach. We feel the combination of the Secretary of State’s Statutory Guidance and the Hampton Report give a fairly clear steer to what might be a reasonable approach. We are also aware that HM Treasury/Cabinet Office Better Regulation Executive published the Implementing Hampton: from enforcement to compliance report on 28 November15.
6.30 To better understand the local authorities approach to enforcement, further investigation was undertaken during our visits to the selected authorities listed above. This reinforced the view that each authority was taking its own approach to enforcement; whilst some authorities were targeting enforcement visits at public- houses going to hearings, this appeared to be the only consistent theme. That apart, a wide variety of approaches were being taken which ranged from “joint task force” enforcement using risk assessment as a basis which produced a “top ten” for visits, to a light touch approach with little enforcement, to a decision to visit the majority of premises irrespective of risk. What was apparent was the level of confusion over what areas were already covered by existing legislation. Additionally, certain authorities commented that enforcement under existing legislation fell short as staff resources were redirected into licensing duties.
6.31 We also sought evidence from other stakeholders about the level of enforcement activity so far. With the rider that it was early in the process to comment, feedback was relatively consistent. Stakeholders commented that during Transition enforcement was
13 The Secretary of State’s Statutory Guidance can be found at : http://www.culture.gov.uk/what_we_do/Alcohol_entertainment/monitoring_and_evaluation/guidance_review.htm 14 Philip Hampton Reducing Administrative Burdens – effective inspection and enforcement HM Treasury March 2005 15 www.cabinetoffice.gov.uk/regulation/reviewing_regulation/rogers_review Page 468 28 The Licensing Act 2003 Report of the Independent Fees Review Panel
mixed, with some authorities doing little but targeted inspections, whilst others were undertaking high enforcement activity, with licensing seen to be being used to enforce regulations captured under other legislation.
6.32 More recently, stakeholders have told us that that enforcement – particularly the enforcement of licence conditions – is now increasing. It is possible perhaps that as local authorities recruited additional staff during the Transition period of the Act, they now have more staff resources and are using them to carry out inspection led (as opposed to complaint led) checks of licenced premises.
6.33 It is our view that these variable approaches during Transition were due to a combination of lack of clarity over the exact nature of enforcement under the new licensing laws as opposed to that covered under existing legislation and because of local decision making in levels of activity which were policy or officer led.
6.34 Local authorities have always been responsible for the enforcement of public entertainment licences under previous licensing arrangements. Similarly, Trading Standards have always had enforcement powers with regard to weights and measures and food law as well as underage sales. The police too have always had specific enforcement powers relating to licensed premises. Enforcement has always been publicly funded. It is, therefore, perhaps difficult to understand what has changed that requires additional funding through licence fees. While the various enforcement agencies may have extra powers, it does not necessarily mean additional enforcement activity is required. Enforcement should be targeted, efficient and fair – the recent AMEC16 campaigns are a useful example of such an approach with centrally funded partnership working across the different enforcement agencies.
6.35 We recommend that clearer guidance is given to local authorities as to what enforcement should form part of the ongoing costs of licensing. We further recommend that authorities have due regard for the work of the Local Better Regulation Office (LBRO), which will be taking forward the better coordination, inspection and enforcement activities for local authority regulatory services; that inspection and enforcement needs to be targeted, proportionate and driven by clear assessment of risk. Any activity above and beyond that level should be down to local discretion with additional costs met from local finances.
16 The primary function of the publicly funded Alcohol Misuse Enforcement Campaigns has been to develop tactics to deal with alcohol-related crime and disorder. There have been four campaigns between summer 2004 – 06. We understand there are no plans for any further AMEC campaigns as the tactics used are being mainstreamed as part of core police activity. Page 469 The Licensing Act 2003 Report of the Independent Fees Review Panel 29
7. The Gap between Income and Expenditure: fees for future years
7.1 This section considers what the appropriate level for fees should be for future years, whilst the following section looks back at the difference between income and expenditure during the transitional period when the Act was implemented.
7.2 The RIA which accompanied the Licensing Act made clear the intention that fees should allow for full cost recovery of the legitimate and efficient costs of the new licensing regime. The Government has also said that the costs of local authority administration, inspection and enforcement should be met by those choosing to engage in licensable activities (and not by taxpayers).
7.3 It is not yet possible to predict with accuracy what the balance between licensing authority income and costs would be from 2007/08 onwards, if fees were left at their current levels. This is because there is no experience at this stage – and hence no actual figures – of running the new licensing regime over a financial year that post- dates the transitional period. During the transitional period, both income and costs were at higher levels than would be expected in the future. While it might be thought that the figures received from licensing authorities for 2006/07 (see Section 6) would be indicative, there is strong evidence – including from our visits to meet with licensing authorities – that the total cost in 2006/07 still include a transitional element from work to implement the Act, albeit much reduced from earlier years. For example, we understand that by autumn 2006, a number of authorities had still not issued paper licences to applicants based on decisions made during the Transition period.
7.4 In short, the estimates for 2006/07 should not be seen as representing only the ongoing costs of administration, inspection and enforcement. It is reasonable to assume that, once all transitional issues relating to the implementation of the Act have been addressed, the total cost will fall below the level estimated for 2006/07, removing some of the imbalance between income and costs that was estimated by licensing authorities for that year.
7.5 If our review of the fees regime is implemented during 2007/08, we therefore recommend that fee levels should be reviewed again in three years time (in 2009/10, for implementation in 2010/11), at which point it will be possible to make a proper and accurate assessment of the ongoing costs, based upon actuals.
7.6 That said, since this would mean a long period elapsing between the initial setting of fee rates and an opportunity to correct any imbalances, there is a case for making an adjustment in the shorter term which acknowledges that some element of the estimated shortfall in 2006/07 may continue and takes some account of the impact of inflation on costs. On this basis, some further analysis was conducted with the data received from licensing authorities. Page 470 30 The Licensing Act 2003 Report of the Independent Fees Review Panel
7.7 In line with standard good practice, future fees should be set at a level which assumes that licensing authorities operate efficiently and, indeed, they ought to encourage efficiency. Over time, as the new licensing regime beds down, licensing authorities should be able to streamline their processes and adopt best practice. This will help to ensure that in the words of the RIA, fees do “not place an unreasonable burden on industry or damage current business activity”. This does not mean that licensing authorities cannot take local operational or policy decisions which incur higher costs, but they would need to be prepared to fund these from other sources.
7.8 We considered the balance between income and costs estimated by each licensing authority in our sample for 2006/07. There was a significant difference between the authorities in the sample ranging from an authority where estimated expenditure was 47% of forecast income to an authority where the estimated expenditure was 540%. The average was 187% and the mid point of the range was 163%. The average was skewed by larger value authorities at the higher end of the range. It was noted that 15% of the authorities in the sample were estimating that income in 2006/07 would more than cover their costs that year.
7.9 We considered the available data at some length and, in line with the accepted approach (as used, for example, by the Audit Commission as a way of ensuring local authorities aspire to improve their performance), decided to focus on the top quartile figures for cost/income on the grounds of securing cost efficiency and to exclude potential outliers that might have distorted the figures and the overall result.
7.10 Those with the very lowest and the very highest cost/income ratios – the top and bottom 10% amongst the returns – were therefore excluded from the analysis. Ranking the remainder by their cost/income ratios, the mean point within the upper quartile was then selected as a point that could be said to reflect both efficient practice and the need to discount for some transitional costs. At this point, licensing authority income would need to rise by 7% in order to balance with costs, and at this level some 30 of the 155 sample authorities were estimating that they could cover their costs with income.
7.11 We considered the view that because 15% of authorities were covering their costs from existing fee income in full, other authorities may be able to do the same once transitional costs fell out and best practice and efficiency savings could be implemented, and that no increase to overall fees was necessary. On the other hand, many authorities were estimating that they had much higher gaps and it appeared less likely that costs would be brought within the level of estimated income. On balance, therefore, it appeared reasonable to recommend a modest increase in the level of fees.
7.12 We recommend that fee levels should increase for the three year period from 2007/08 by 7%. Consideration was given to whether this increase should be applied across all types of application and annual fee. From the evidence we have received it has not been possible to determine relative cost in application types, and therefore recommend that all applications should be subject to the 7% increase. This will bring approximately £3 million of additional annual income into the fee system. Page 471 The Licensing Act 2003 Report of the Independent Fees Review Panel 31
7.13 We have considered fully the proposals that have been put to us for an increased fee income for London boroughs in order to achieve full cost recovery, but we are not persuaded by them. These would dislodge our approach which is to continue with a national regime locally applied (as outlined in Section 5). We consider that the extra costs incurred by some authorities by virtue of their location are catered for by the Government’s contribution to financing local services, through our proposals for a targeted and risk-based approach to enforcement (outlined in Section 6), and through the proposal for refining the definition of those premises that are captured by the multiplier (see Section 9). Page 472 32 The Licensing Act 2003 Report of the Independent Fees Review Panel
8. The Gap between Income and Expenditure: the transitional period (2004/05, 2005/06 and 2006/07)
8.1 Table 1 identified an overall net excess of cost over income for authorities of approximately £50.7m for the 41% sample authorities for the three year period 2004/05 to 2006/07. Over 90% of all the authorities that responded to our data capture exercise were estimating an excess of cost over income over the three year period.
8.2 The results showed that the gap in 2006/07 was estimated to be slightly higher than the gap in 2005/06. These figures are of course estimates and actual information will not be known until the summer of 2007, when the accounts for 2006/07 have been finalised. On the basis of the information available to us, we have concluded that 2006/07 is not a typical year as there are still costs being incurred by authorities that relate to the implementation of the new legislation and events that occurred. We understand, for example, that during autumn 2006, a number of authorities had still not issued licences to applicants based on decisions made during the Transition period. We therefore consider that it is appropriate to consider all three years – 2004/05 and 2005/06 and 2006/07 as being financially affected by transitional arrangements.
8.3 It is important to come to a view about the overall national financial position for all authorities. The LGA has estimated a national total deficit for the period at £100 million. This is based on an extrapolation of our data capture survey results that they also have access to.
8.4 We have reviewed the information available from the sample authorities and other information from national Government returns covering all authorities. We have also been able to take into account additional information from the phase 1 returns which, combined with the main sample authority data, covered around 72% of licensing authorities. We also considered it reasonable to scale up the data provided. Careful consideration was given to the question of whether those authorities that did not provide any returns were likely to be experiencing an excess of income over expenditure or an excess of costs over income. We decided that for the non- responding authorities a total would be estimated by dividing the sample local authority total by the sample total authority population to give the per capita total. This was then applied to non-responding authorities. We also made adjustments to exclude extreme ‘outlying’ authorities (with either full cost recovery or very high excesses of cost over income) so as not to over or under inflate the figures when scaling up.
8.5 On the basis of available information reported by authorities, we therefore consider that it is reasonable to assume an estimated excess of costs over income of around £97 million for the three year period 2004/05 to 2006/07 financial years based on the sample returns. Page 473 The Licensing Act 2003 Report of the Independent Fees Review Panel 33
8.6 Having considered very carefully the issue of funding the excess of costs over income for 2004/05 to 2006/07, we maintain there are a number of options for dealing with this. These include: • increasing future licence fees to cover all or part of the excess costs over income; • leaving local authorities to fund their excess costs from normal running costs (reserves, council tax or reduction in services); • central Government providing additional grant to help support all or part of the additional cost of implementing the new legislation; or • a combination of the above.
8.7 Simply changing the fee regime itself would not enable all authorities to cover their costs unless the national scheme was replaced by a local fee system. Our rationale for maintaining a national system is outlined in Section 5.
8.8 There are a range of ways of interpreting the mass of information that we have gathered from licensing authorities and there is no universal answer to the level of excess costs over income that should be met locally or funded from fees or Government grant.
8.9 It is clear to us, however, that the differences in the levels of excess of cost over income or income over expenditure are partly the result of decisions and local choices made by individual authorities (see Section 6). In cases where there has been an excess of cost over income, we therefore consider that it is reasonable for the authorities to bear an element of the cost.
8.10 As we have said in Section 7, it is general practice to look at top quartile performance when assessing efficiency, effectiveness and value for money. It is reasonable that there will be varying levels of efficiency, effectiveness and best practice during the implementation period of any major new legislation. We have not, therefore, used the same criteria as we did in determining future fee levels. We have instead reviewed costs as percentage of income at the intersection of the third and fourth quartiles. At this point, the data indicates that an excess of cost over income of 41%. When looking at the income received by authorities over the 3 year transitional period, this translates to an excess cost of around £43 million, which we recommend should be funded by central Government. Over the three financial years 2004-05 to-2006-07, £43 million translates to approximately 0.02% of Government’s contribution to financing local services.
8.11 A large number of stakeholders maintain that the additional activity and costs are partly due to the way the licensing arrangements were implemented by the Government (see section 3). Information provided to us makes it clear that costs to both fee payers and authorities were generally higher than anticipated. We believe that whilst licensees should pay for on-going costs, Government has a role to play in funding the start-up of the new system. Finally, meeting the estimated excess of costs over income up to £97 million from licences alone would require a significant increase in the level of fees, with an average additional cost £460 per premise; even over three Page 474 34 The Licensing Act 2003 Report of the Independent Fees Review Panel
years this would equate to increases of over 85% each year17. Whilst we believe that authorities should also bear an element of costs, it would appear fair and equitable that the Government fund the £43 million as part of the net cost through central grant rather than pass it on to future fee payers.
8.12 The method of distributing additional Government grant between local authorities would need to be discussed with the LGA. Comments that we have received from individual local authorities have highlighted the need for transparency and fairness in the allocation of any additional grant. A specific grant is therefore recommended as a transparent way of allocating the additional funding.
17 Based on the current annual fee for a Band B premise. Page 475 The Licensing Act 2003 Report of the Independent Fees Review Panel 35
9. Other Fee Issues
Multiplier 9.1 In setting the current fees regime, the Government included specific flexibilities which they said would address disproportionate costs expected to arise in respect of certain classes of premises. One of these is large premises engaged exclusively or primarily in the sale of alcohol for consumption on the premises and which, they say, generates disproportionately high enforcement costs to which it would be unreasonable to expect other businesses to contribute. Accordingly, a multiplier was applied to town and city centre pubs, falling in Band D (twice the fee) and Band E (three times the fee).
9.2 It has become apparent to us that due to interpretation of the legal definition of when a multiplier is applicable, some licensing authorities are reluctant to apply it where it has not been possible to determine, under current arrangements, whether the premises in Bands D and E are engaged exclusively or primarily in the sale of alcohol for consumption on the premises. This has clearly had an impact on the net costs for some authorities. We have also heard evidence that seems to suggest that the new licensing legislation has led to a change in the nature of some businesses which might now need to be included in this definition. We therefore recommend Government refines the definition of those premises that are captured by the multiplier to include all Band D and E premises in city and town centres that attract large amounts of enforcement and inspection activity which reflects the increased costs that go with that activity. We acknowledge there are issues with defining levels of enforcement, but we believe that consideration should be given to looking at categories that are determined to be resource intensive, and believe this would make the operation of the multiplier simpler and remove an anomaly.
Proportionality 9.3 Some stakeholders have said that they thought the fees were disproportionate and penalising for small businesses, those with a small proportion of sales from alcohol and for those applicants who operate for community benefit or on a not-for-profit basis. Following our interim report we agreed to look further at this issue, as more information became available.
9.4 There are a number of stakeholder groups that have made cases to us for reduced fees. We are sympathetic to many of these groups and we would not wish to see them penalised by the new regime.
9.5 The question is whether a clear case can be made to reduce the level of fees for certain types of premises. Any such case needs to be both workable and justifiable, since: • reduced fees for some are likely to be reflected through higher fees for other licence holders; Page 476 36 The Licensing Act 2003 Report of the Independent Fees Review Panel
• a premises type that is given reduced fees, but is poorly defined, could be exploited as a loophole; • exceptions to the standard fees structure introduce complexity to the system; and • it may prove difficult to find clear criteria that support reducing fees for some premises types, but not for others.
9.6 There is no substantive evidence that suggests that these groups have had to stop operating altogether as a result of the new licensing structure and level of fees. For the reasons given below, we are not therefore recommending a reduction in fees at this time. However, from the evidence we have received, we recommend that the future fees regime should be de minimis for certain premises types where alcohol activity is peripheral to overall activity, which would include florists and bookshops selling communion wine. We do not believe that these fee payers should be captured by the new licensing regime until their alcohol trade/activity reaches a certain level. We also recommend that DCMS should undertake further work to determine what that (reasonable) level should be, and that a suitable definition reflects that alcohol sales are purely incidental to the main purpose of the premises activity.
9.7 We have received proposals for a reduction in fees for certain business premise types in line with both Small Business Rate Relief18 and Charitable Rate relief schemes. We have considered carefully the information which has been presented to us. However, whilst there is merit in considering such groups on an individual basis, because of the inadequacy of data available on how many such businesses would benefit, we recommend that DCMS should consider this issue further in order to establish the overall effect of such a proposal, but with the view giving licensing authorities the ability to reduce fees for these defined premise types accordingly.
9.8 We reported at our interim review that stakeholders had told us the new licensing fee regime has created a disproportionate administration and financial burden for not-for profit groups and events and that it was unfair that they should be treated in the same way as commercial premises or activities. It must be recognised however, that the four principles of the Licensing Act 2003 apply equally to these sectors as they do to the commercial sector.
9.9 Our terms of reference (in Section 2) ask us to give specific attention to community amateur sports clubs, and village and community halls. Having been presented with a number of sector specific alternative approaches at the interim report stage, we agreed to consider them more fully and in the round of the fees regime overall, as more data on impact became available.
18 Eligible businesses with rateable values of below £5,000 get 50% rate relief on their liability. This relief will decrease on a sliding scale by an estimated 1% for every £100 of rateable value over £5,000, up to £10,000. Page 477 The Licensing Act 2003 Report of the Independent Fees Review Panel 37
Sports clubs 9.10 Representative sports club bodies have continued to advise us that the current fees regime is having a disproportionate effect on voluntary sport. They have provided information on impact, a rationale for reducing costs to sports clubs and a range of options for doing so.
9.11 All agree that Government cannot be seen to be subsidising the sale of alcohol and that the newly constructed licensing regime must run at full cost recovery. However, stakeholders believe that sports clubs are paying significantly more in licensing fees than the Government originally envisaged because whereas Government maintained that the vast majority of clubs would fall in fee bands A and B, stakeholders do not consider this necessarily to be the case. They believe it is possible to devise a licensing fee scheme that recognises the essential differences between not-for-profit sports clubs and commercial drinking venues – that voluntary sports clubs are established for the benefit of the community as a whole and contribute to the health and quality of life of the locality – and that this difference should be reflected in the scale of fees.
9.12 The evidence provided by licensing authorities suggests an impact on all sport clubs under the current fees regime of around £500,000, with the majority of premises in Bands A and B. We have looked at this issue in detail and believe that, should the Government wish to do so, a case could be made for introducing a system whereby all clubs in the Community Amateur Sports Clubs (CASC) scheme could have their licence fee calculated at 20% of their rateable value. We are however uneasy about recommending this discount. We have no evidence that any amateur sports clubs have actually had to discontinue licensable activity as a result of the current levels of licensing fees. In addition, CASCs already benefit from rate relief alongside village and community halls and other not-for-profit facilities. We do not feel therefore that it would be appropriate to single out CASCs for a further discount at this stage but acknowledge that Government may wish to consider this further in the future.
Other not for profit groups 9.13 Since our interim report, we have carefully considered all the other evidence, arguments and options that have been presented to us by stakeholders representing the interests of not-for profit activities. These include a national scheme with local exceptions which would include, for example, registered charity events (e.g. shows and theatre) and also a reduction in fees for cultural businesses that are registered charities.
9.14 Whilst we are sympathetic to not-for profit groups and cultural businesses, we have not been presented with a coherent argument or solution which we believe currently justifies any further exemptions or reductions in fees for these sectors. What has come through in our research however is more the administrative burden on these organisations. There are arguments for treating village and community halls in a similar way to community amateur sports clubs, but we believe that their concerns would be better addressed though our recommendations for Temporary Event Notices and proposals for the removal of the Designated Premises Supervisor (DPS) requirements (see below). Page 478 38 The Licensing Act 2003 Report of the Independent Fees Review Panel
Temporary Event Notices (TENs) 9.15 The TENs regime is designed to be a light-touch and simple system. We recognise that TENs are used by a range of sectors, including the commercial sector, but our primary interest is in the use of TENs by village and community halls and other voluntary activity providers. We are also mindful of the concerns of residents’ groups and police relating to temporary event activity and have fully considered the information and proposals they have put to us. TENs arrangements came into force on 10 November 2005.
9.16 In our interim report we noted that stakeholders had told us that the TENs limits were too inflexible and restrictive. The issue was primarily about the capacity and willingness of village halls, community facility and other voluntary committees to take on the responsibilities of the Licensing Act. We said we would look at this further as more data became available about the TENs regime after the Licensing Act came fully into force (24 November 2005). Following our data capture exercise with licensing authorities, the following tables provides details of TENs given or projected.
Total number of Temporary Event Notice applications notified up to 30 November 2005
Premise Type TENs notified
Pubs, Clubs & Bars 587
Registered Members Clubs 114
Hotels, B&Bs & Restaurants 299
Sports Clubs 63
Village and Community Halls 759
Cinemas & Theatre 14
Supermarkets, Shops & Off-Licences 93
Takeaways 45
Others 827
Unknown 722
Total 3,523
Based on sample 155 licensing authorities For period 24 November – 30 November 2005 only (following commencement on 10 November 2005 Page 479 The Licensing Act 2003 Report of the Independent Fees Review Panel 39
Total number of Temporary Event Notice notifications
Premise Type 2005/06 (actuals 2006/07 plus forecast) (forecast)
Pubs, Clubs & Bars 4,508 7,942
Registered Members Clubs 820 1,638
Hotels, B&Bs & Restaurants 1,486 3,015
Sports Clubs 420 857
Village and Community Halls 3,780 7,102
Cinemas & Theatres 137 217
Supermarkets, Shops & Off-Licences 482 899
Takeaways 270 390
Others 3,884 6,123
Unknown 3,890 9,521
Total 19,677 37,704
Based on sample 155 licensing authorities
9.17 Stakeholder organisations representing village and other community facility interests have been assessing the impact of the new licensing arrangements. A survey19 undertaken by Action with Communities in Rural England (ACRE) between February 2005 and February 2006 suggests that 91% of village halls had acquired a premises licence, with or without sale of alcohol provision, and were confident that they were operating correctly. However, 42% of the sample said that they also needed to make use of TENs; 57% believed that the current limit of 12 TENs per annum was not enough or borderline, and 20% had no full licence but risked exceeding their limit on TENs.
9.18 ACRE have also said the sale of alcohol in village and other community halls is an incidental activity but nonetheless an extremely important one that supports many fundraising and social activities in community life. For those halls without a full premises licence, or where the sale of alcohol is not included in their full premises licence, they intended to rely on TENs for events where alcohol is sold. We understand only 33% of those surveyed actually applied to include the sale of alcohol in their premises licence and therefore appointed a Designated Premises Supervisor (DPS). This was because of the accompanying responsibility and cost.
9.19 We have also received and considered carefully representations from residents’ organisations in relation to the conditions on permitted hours on TENs and public nuisance. They have suggested a new two tier regime: one with a very light touch for
19 ACRE’s Licensing Survey: The Impact of the Licensing Act 2003 on Village Halls – Second Stage – November 2005 June 2006 Page 480 40 The Licensing Act 2003 Report of the Independent Fees Review Panel
temporary activities/events that only take place during the day and do not extend beyond 23.00, and another for those that do. For the latter, they proposed that the activity should be advertised on the outside of the premises (where the event is taking place) from the day the event is notified to the police, and that the application should also be subject to licensing authority judgement about whether or not the activity meets the four licensing objectives. Also, for temporary events taking place at sites benefiting from a full premises licence, the conditions of the premise licence should also apply to the temporary event. Having considered the proposals carefully, our on balance view is that to impose the same conditions that are attached to a full premises licence is contrary to a light touch simple system. To do otherwise would require a fundamental change to the TENs regime, but it may be one which DCMS might want to consider further.
9.20 We are aware that DCMS concluded a formal three month consultation in October 2005 on Permitted Temporary Activities and the TENs Regulations. The consultation was primarily about the forms and procedures and, while it was not about any formal proposals to change the existing limits on the use of TENs, it did however indicate that Ministers would consider views about the limits from all respondents as that would inform their future consideration of the matter.
9.21 As a result of that consultation, DCMS announced in July 2006 that in order to mitigate the perceived burden for volunteers involved in village hall and other community work of having to specify a DPS on a premises licence (who has to undertake a recognised training programme to become a personal licence holder), DCMS was considering bringing forward for Parliamentary consideration a proposal for the removal of the DPS requirement for these sectors. The proposal would be subject to the outcome of a public consultation and would form part of a regulatory reform order under the terms of the Legislative and Regulatory Reform Bill which received Royal Assent in November 2006.
9.22 We encourage village halls and other community facility providers to apply for full licences. We therefore recommend that the DCMS proposal to remove the DPS requirement from community and village halls that have a full licence should be implemented by the department at the first opportunity. There are clear advantages for applicants, licensing authorities and other interested parties – in terms of cost, bureaucracy and risk – if as many community and village halls as possible can be encouraged to obtain the full licence, instead of relying upon TENs.
9.23 We also recommend that the number of TENs that community and village halls (as defined by the DPS exemption above) can obtain during a period of one year should be increased from 12 to15, with the maximum number of days during which licensable activity can occur remaining at 15. There is evidence that this modest change would be sufficient for a significant proportion of community and village halls who use TENs where the current number (12) appears to be limiting activity. Equally, a limit of 15, restricted to community and village halls takes account of the concerns about TENs by some residents groups and the police. Page 481 The Licensing Act 2003 Report of the Independent Fees Review Panel 41
Large Events and Festivals 9.24 This issue is about where the higher fee is triggered, particularly capturing large not-for- profit/community events in the same bracket as other commercial large events. Under the fees for large events there is a sliding scale for events attracting attendances above 5,000 to over 90,000.
9.25 Issues raised with us by stakeholders during the interim review included the waiving of fees for not-for profit events, maintaining the flexibility of licensing authority approach to the application of these large fees in line with the previous PEL regime, applying fees to the proportion of the licenced area and not the whole event site, and fixing fees which reflect the complexity of the event rather than footfall. We agreed to look at this further as more evidence became available for large events after full implementation of the Licensing Act on 24 November 2005. Following our data capture exercise with licensing authorities, the following table provides details of exceptionally large events licences granted or projected.
Total number of ‘Exceptionally Large Events’ licences granted (full year projections)
Attendance at event 2005/06 2006/07
5,000 to 9,999 38 (55%) 80 (56%)
10,000 and above 26 (38%) 56 (39%)
Unknown 5 (7%) 6 (4%)
Total 69 142
Based on sample 155 licensing authorities
9.26 We have no doubt that local authorities will wish to encourage events which support, for example, community activity in their regions. We have considered carefully all the options and proposals that have been put to us and recommend that licensing authorities should be given discretion to set the level of fee for large events in their areas based on cost recovery, reasonableness and risk. To reinforce this, we also recommend that LACORS should provide guidance for licensing authorities which sets out what might and might not need to be considered in making their assessment of the level of fee charged for an event. We recognise, however, that implementation of this would present difficulties – not least an act of Parliament – but believe it would significantly improve on the current system and so opportunities should be sought to bring it into law at the appropriate time.
Circuses 9.27 We understand the Government decided that regulated entertainment within circus performances should not be exempt from the controls in the Licensing Act 2003 because such performances raise issues in relation to three of the four licensing objectives: public safety; the prevention of public nuisance; and the protection of children from harm. In this context, circuses appear, in their view, indistinguishable from Page 482 42 The Licensing Act 2003 Report of the Independent Fees Review Panel
any other form of theatrical entertainment captured by the Act. We are sympathetic to the needs and concerns of circuses and would not wish them to be penalised by any unintended impact of the new legislation.
9.28 In our interim report, we recorded stakeholder concerns about the financial burden for circuses of having to apply for a full licence with the associated costs every time a circus performs at a new venue. We said we would look further at the impact of new regime on circuses as more actual data became available.
9.29 Stakeholders have told us that the current licensing legislation does not properly take account of the practicalities of licensing ‘portable’ structures such as circuses and other touring entertainment providers. Also, that the TENs system does not really work for them because of the 96-hour limit. We understand that the circus season lasts up to 40 weeks, that most circuses do not go to the same sites each year – and in some instances could take up to three years to do a complete circuit. Smaller circuses are likely to use two venues a week and up to 80 sites, requiring up to 80 licences in a season.
9.30 We have been advised about three specific issues: a) the practicality of having to display ‘Blue Notices’ around prospective sites. Regulations20 include a requirement that a brief summary of the application setting out matters such as the proposed licensable activities should be clearly displayed on an A4 size notice (Blue Notice) immediately on or outside the premises for the period during which representations may be made. Stakeholders advise that licensing and other authorities do police the system in order to ensure that the notices are put up correctly and, as importantly, stay up during the period when representations may be made. They say this creates significant problems for circuses and other touring entertainment providers that may not be performing near to the locality where the licence is required at the point when the notice is due to be displayed, and also in ensuring that notices subsequently remain in position. b) reported problems for circuses in posting a notice at strategic and appropriate places around a potentially large area of land (e.g. a park) in comparison with, for example, placing the notice on a building. c) the prescribed wording of newspaper adverts. Stakeholders have said that the prescribed wording of newspaper adverts should be more succinct in order to reduce costs. Costs could also be reduced by advertising in the ‘entertainments column’ rather than ‘public notices column’ where, they say, prices have been exploited by local newspapers.
9.31 We understand there is no requirement in the regulations about which column in a newspaper the advert should be placed. As part of our interim report in November 2005 (see Annex A), we recommended that consideration is given to simplifying the application process by introducing alternative methods of advertising applications other than newspapers that is effective both in cost and impact. The Government has said that it has considered the possibility of simplifying the application process by
20 The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 Page 483 The Licensing Act 2003 Report of the Independent Fees Review Panel 43
introducing alternative methods of advertising applications. It will consult on options when considering any possible amendments to regulations.
9.32 Activity during the 2006 season, the first under the new licensing regime, has only recently wound down. We are not aware at the time of this report of any firm evidence either way about the effect the new regime is having on circuses but we understand that circuses are generally engaging in the new licensing processes. We do however recommend that the matter is kept under review by DCMS.
9.33 We are aware that DCMS has established a central register of licenced public spaces in England and Wales in order to help event organisers and touring entertainment providers determine whether their event could take place in a particular local authority area on pre-licenced land. We welcome this approach by local authorities, and where they have not yet done so we would encourage other authorities to also adopt this approach.
9.34 In order to minimise the burdens currently being experienced by circuses and other touring entertainment providers that do not use licenced public land, we recommend that Government fully reviews and reconsiders the arrangements for the posting of Blue Notices. For example, once circuses have put up their Blue Notice, it would be more practical for licensing authorities to undertake occasional passing checks to ensure that the notices have not been removed or become detached. That would eradicate circuses’ concerns that they are responsible for going back to the sites and checking the notices are in place when they are not currently performing in that location.
Application Forms 9.35 During our initial research, stakeholders told us about concerns relating to the complexity and number of application forms required. Stakeholders have also suggested to us that the application forms as currently drafted waste space; where sections of the form are not applicable to an individual application and that these sections currently need to be photocopied additionally seven times to responsible authorities, wasting time and paper.
9.36 Some have said that the use of electronic forms would create less of a problem; if the forms could be submitted electronically to both the licensing authority and other responsible authorities (as long as they do not need to be printed out) the problem of length and layout is dramatically reduced. We are aware however that current DCMS forms guidance says that applications should be made to the relevant licensing authority in writing and it is for licensing authorities to take their own view on whether to accept applications received electronically. Responsible authorities will decide independently whether to accept electronic applications. Other stakeholders have suggested to us that there should anyway be a wholesale redesign and presentation of the forms in order to reduce space and their length. We understand that DCMS are considering the scope and requirements for application forms as part of their Better Regulation Simplification Plan which identifies areas to help reduce the administrative burdens arising from the Licensing Act 2003. Page 484 44 The Licensing Act 2003 Report of the Independent Fees Review Panel
9.37 We agree that the length and complexity of forms generally and the dead weight of the total application for different types of applicants need reducing – in particular for smaller organisations and the voluntary and community sectors that may not have access to electronic facilities.
9.38 Whilst acknowledging that it will only be beneficial to those applicants that are able to make applications by electronic means, in order to remove the requirement for applicants to make their applications in writing and in line with the Government’s e-government strategy21, we recommend that it is made mandatory for licensing authorities and responsible authorities to accept application forms electronically, should applicants choose to submit them in that format. This should include scanned plans and electronic signatures.
9.39 Whatever the outcome of our recommendation on electronic forms, we believe there is a desire to reduce the size, complexity and therefore cost associated with the application form process and we have therefore made a number of other detailed recommendations to simplify and shorten the application forms which are included at Annex C.
21 The e-Government Strategic Framework, published in April 2000, required all Departments to produce e-business strategies showing how they planned to implement electronic government and service delivery. Page 485 The Licensing Act 2003 Report of the Independent Fees Review Panel 45
Annex A: Interim Report – November 2005
Our interim report, focusing mainly on the transitional period, was presented to Government in November 2005 and published by them in December 2005. During the review, our work involved engagement with around 70 stakeholder organisations.
In our Report we identified four immediate recommendations for Government and nine areas of activity that we wished to consider further during the next stage of our work.
We said at the time that whilst we appreciated that a number of stakeholders were hoping to see more immediate solutions coming from the report, and we had been mindful of that throughout the review process, it had not been possible then to reach a decision on a number of issues. One of those was licensing authority income and costs under the new regime. A great deal of information had been gathered by authorities and their representative bodies, but unfortunately and for a variety of reasons, it had not been possible to assemble information which was either comprehensive or could be proven to be representative so that a firm view could be taken at that time on the net cost to licensing authorities of the new licensing arrangements. We did agree however that during the remainder of the review we would continue to work with authorities to assemble that information as a matter of priority.
Interim Recommendations Our four recommendations for Government were that: • Central guidance should be provided for fee payers and licensing authorities about what the Licensing Act 2003 means for them.
The Government has confirmed that this will be completed shortly. • Consideration should be given to simplifying the application process.
The Government has said that it has considered the possibility of simplifying the application process by introducing alternative methods of advertising applications. It will consult on options when considering any possible amendments to regulations. As part of the initial review of Statutory Guidance to licensing authorities, Government has already clarified the position on premises plans. • There should be no impediment to licensing authorities making their monitoring, enforcement and administration more efficient and cost effective.
The Government has clarified the position for licensing authorities on the development of collective working practices and is exploring good practice in this area for wider dissemination. • There should be a single date for the annual fee for premises licences and club premises certificates with incentives for timely payments, and facility for automated payments. Page 486 46 The Licensing Act 2003 Report of the Independent Fees Review Panel
The Government has said that licensing authorities can already accept automated payments, though were this to be made compulsory it would require a change to the primary legislation and it would, through consultation, have to consider the balance between statutory requirement and burdens placed upon authorities.
The Government has also agreed in principle our recommendation for a single date for payment of the annual fee. It is considering the technical aspects (such as transitional arrangements) and the options for which date to adopt. It has said that licence holders will be given notice before new arrangements are brought in and that, in the meantime, they should continue to pay their annual fee as the current law requires. The Panel still consider that a single date should be introduced.
Future Work The nine areas of activity we identified for further consideration during the next stage of our future work, culminating in this our final report are: • Licensing Authority income and costs To identify as accurately as reasonably possible the overall net costs for licensing authorities during Transition and estimate the ongoing annual net costs, and to clarify and understand the reasons for differences between authorities in order to assess the level of costs that would be reasonably be incurred to efficiently and effectively to deliver the statutory licensing function.
• Licensing Authority Inspection and Enforcement regimes and variability of Licensing Authority approaches To look further at the issue of local authority inspection and enforcement in the context of the Better Regulation Executive’s implementation of the recommendations of the Hampton Review of Regulation, and best practice licensing authority approach in order to determine what is reasonable efficiency.
• Model for calculating fees To consider universally applicable alternative methods or mechanisms for calculating fees as part of broader considerations which seek to set out a system that is transparent, fair to different types of licence holder and also provides for licensing authorities to recover costs.
• Apportionment/Hereditament To look further at stakeholder concerns about where i) licensable activity is only a small area of a much larger premises and ii) where there are low volume alcohol sales in relation to total business activity, and to explore this issue with the Valuation Office Agency.
• Simplification and Number of Application Forms To look at stakeholder concerns relating to the complexity and number of application forms required for authorities and the number of responsible authorities to whom the applications are submitted.
• Temporary Event Notices To look further across all the activity to which TENs regime applies as more data become available after the Second Appointed Day (24 November 2005. Page 487 The Licensing Act 2003 Report of the Independent Fees Review Panel 47
• Not-for Profit groups/events To consider more fully and in the round of fees regime overall, a number of alternative approaches presented in relation to proportionality of the fees against the level of risk.
• Circuses To look further, as more actual data becomes available prior to the new season, at the impact of the new regime on circuses that have to apply for a full licence at each new venue.
• Threshold for Events and Festivals To look further at events triggering the higher fee, particularly those capturing large not-for- profit/community events in the same bracket as other commercial large events, as more impact data is available once applications for large events have been made after the Second Appointed Day – 24 November 2005.
Our full interim report can be found at: http://www.culture.gov.uk/NR/rdonlyres/F044AF48- EC89-4D8F-BA3B-5516C1F353E4/0/IndependantLicensingFeesReview.pdf Page 488 48 The Licensing Act 2003 Report of the Independent Fees Review Panel
Annex B: Licensing Authority Data: Additional Information
Table A1 Breakdown of sample by region and type of local authority
Sample All Authorities
Number Percentage Number Percentage
By Region
East Midlands 14 9% 40 11%
East of England 19 12% 48 13%
London 20 13% 33 9%
North East 7 5% 23 6%
North West 17 11% 43 11%
South East 31 20% 67 18%
South West 18 12% 45 12%
Wales 8 5% 22 6%
West Midlands 13 8% 34 9%
Yorkshire & Humberside 8 5% 21 6%
Total 155 100% 376 100%
By LA Type
London Borough 20 13% 33 9%
Met District 16 10% 36 10%
Shire District 94 61% 238 63%
Unitary Authority 17 11% 47 13%
Welsh Unitary 8 5% 22 6%
Total 155 100% 376 100% Page 489 The Licensing Act 2003 Report of the Independent Fees Review Panel 49
Chart A1 Three Year Cost as a % of Income for each Authority
700%
600%
500%
400%
300%
200%
100%
0%
Chart A2 Proportion of Premises in Bands D and E for each authority
45%
40%
35%
30%
25%
20%
15%
10%
5%
0% Page 490 50 The Licensing Act 2003 Report of the Independent Fees Review Panel
Chart A3 Variation in the Proportion of Pubs in Bands D and E that had multipliers applied for each authority
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0% 0% for 45 authorities Page 491 The Licensing Act 2003 Report of the Independent Fees Review Panel 51
Chart A4 Licensing Costs Analysed by Type of Expenditure over 3 years
1%
25%
Not classified Employee costs Pemises costs Capital financing Supplies & Services Support Services 13% 57%
1% 3%
Chart A5 Responsible Authority Spending Analysed by Activity over 3 years
2%
15%
31% Environmental Protection Trading Standards Planning Health & Safety Child Protection
41% 11% Page 492 52 The Licensing Act 2003 Report of the Independent Fees Review Panel
Annex C: Application Forms
Detailed Recommendations 1. Stakeholders have reported that the application forms for Premises Licence, Provisional Statement, and Premises Licence Transfer all take considerable space to identify the type of applicant. They have questioned whether it is really necessary to identify all the different types of applicant in the way that these forms currently require.
In attempting to make the Premises Licence, Provisional Statement, and Premises Licence Transfer forms as short as possible, we recommend that: i) the forms need to identity only a) individuals b) companies c) partnerships and d) ‘others’ – a description of which can be written in by the applicant (a list of the other organisations could be provided in a list included in the notes to the form if necessary). Also, as well as the address, there should be a place to state the name of the premises which helps authorities to determine the type of premises. ii) the tick box for declaring whether you are over 18, should be replaced with the applicant’s date of birth. Stakeholders have advised us, and we agree, that to conduct any meaningful checks into an applicant, both the police and social services need a date of birth.
2. Stakeholders have said that the ‘Variation of DPS’ application form should not require a description of the premises because it is unnecessary and possibly misleading. The form also requests the premises licence number and a copy of the relevant part of the premises licence. Through this information and the Licensing Register, the Licensing Authority already has at its disposal a description of the premises. They say the request for the description on the form is therefore a duplication and that any police objection to the change of DPS must be related to both the applicant DPS and the circumstances of the premises. They say that neither of these would be served by a simple description of the premises as this would not give details of circumstances that could lead to an objection.
Stakeholders have also suggested that the DPS consent form be subsumed into the Variation of DPS form.
It is unclear to us the reasoning behind the current requirement to provide a description of premises in the ‘variation of DPS’ form and we therefore recommend that, if there is no added value, it should be removed. We also agree that the DPS consent form be subsumed into the Variation of DPS form. The variation of DPS form will therefore require i) the signature of the applicant DPS or his duly authorised agent and ii) the signature of the premises licence holder.
In order to allow stakeholders to rotate their DPSs more easily and to make it easier for licensing authorities to administer a DPS changeover, we also recommend that DPS changes can by applied in advance by altering the current form to include the option of either having the application take immediate effect (as now) or taking effect on a specific date. The form could be re-drafted along the following lines: Page 493 The Licensing Act 2003 Report of the Independent Fees Review Panel 53
‘I would like this application to have immediate effect under section 38 of the LA 2003’ or:
‘I would like this application to take effect on the following date ...... ’ (delete as appropriate)
3. Stakeholders have said that there is continuing confusion between the disclosure of the convictions declaration and the CRB check; personal licence holders often consider that because they are in receipt of one, they do not require the other. By combining the two forms, the repetition of needing to write names and addresses would also be reduced and the end result would be a shorter form. We have carefully considered this proposal. However, it would seem the inevitable consequence is that a personal licence applicant would have to disclose any convictions they have had in a publicly available document. We do not therefore consider that it would be advisable to combine the disclosure and application forms in this way.
4. Stakeholders have said that the timescale for an Interim Authority Notice is too short and should be extended to 28 days. Their reasons for that include : • Insolvency; 28 days gives a proper chance for interested parties to make an application to transfer (if they find out about the act of insolvency).We understand that this was clearly seen with the recent collapse of a large pub chain. • Death; during first 7 days following a death the last thing on the mind of the family is what form they need to fill in to retain the deceased’s premises licence. Those who may need to remind the family are prohibited by sensibility from raising the issue so soon, probably before the funeral if the current law is to be complied with. • Scotland is in consultation on their regulations. They, presumably, considered the English experience and have provided for 28 days in which to act following death/incapacity or insolvency of the premises licence holder. Where there is inconsistency between England & Scotland there will be a divide.
We agree, and recommend that Government review and reconsider a more sympathetic timescale for an Interim Authority Notice.
Responsible Authorities 5. Stakeholders have said the part of the application process which gives rise to the most administration and unnecessary loss of time is the requirement to send paper copies of the form to each responsible authority. Some have suggested that this requirement should be placed upon the local authority as the responsible authorities are frequently a subdivision of that local authority and distribution can be facilitated through internal communication methods; that this would be a more efficient system than requiring each individual applicant to find out what the responsible authorities are.
6. Other stakeholders have advised us that responsible authorities e.g. Child Protection are uncertain about their role in the whole process. It is their view that, in many cases, a notice of application would be sufficient. This notice could state the personal details of the applicant, Page 494 54 The Licensing Act 2003 Report of the Independent Fees Review Panel the premises details, and what they are applying for. In their view, the form would (providing the appropriate bodies were consulted) provide all the information that the department required at a fraction of the cost. During our visits to a number of licensing authorities, two- thirds suggested that some responsible authorities did not need to receive a full application. That almost universally included Child Protection.
Whilst acknowledging that this position would improve, to some degree, by the ability to submit applications forms electronically (see recommendation in main report), we recommend that the Government undertake a full review to reconsider whether it is necessary for all responsible authorities to receive all the forms, or whether a notice of application would be adequate for all or some responsible authorities. This is of course particularly relevant to those applicants that are not able to make applications by electronic means.
Forms Guidance In light of all the recommendations and proposals listed above relating to application forms process, we suggest that it would also be logical for the Government to review and make appropriate revision to all the guidance notes that accompany the forms. We are confident that it would be helpful to applicants to ensure that the forms guidance is not ambiguous and where possible that instructions are precise. For example, phrases which indicate that the applicant ‘could do this or that’ or ‘you may wish to consider’ are generally unhelpful. Page 495 The Licensing Act 2003 Report of the Independent Fees Review Panel 55
Annex D: List of Stakeholders
Action with Communities in Rural England Department for Culture, Media & Sport Alnwick District Council Licensing Policy Team Arts Council England Doncaster Metropolitan Council Association of Chief Police Officers Federation of Licenced Victuallers Association of Circus Proprietors of GB Federation of Licenced Victuallers (Wales) Association of Convenience Stores Federation of Small Businesses Association of Leading Visitor Attractions Gordon Marsden MP Association of Licenced Multiple Retailers Greater London Authority Association of Small Direct Wine Merchants Guild of Master Victuallers Bath & North East Somerset Council Hammersmith & Fulham Borough Council Bar Entertainment & Dance Association Hampton Review Implementation Team Better Regulation Commission (Cabinet Office) Birmingham City Council Hillingdon Borough Council Bledlow Ridge Horticultural Society Historic Houses Association Bracknell Forest Borough Council HM Treasury Brent Council (London Borough) Hounslow Borough Council Brighton & Hove City Council Inner Temple British Association of Leisure Parks, Piers & Interflora Attractions Isles of Scilly Council British Beer & Pub Association Isle of Wight Council British Holiday & Home Park Association Kensington & Chelsea (Royal) Borough British Hospitality Association Council British Institute of Innkeeping Knockhatch Adventure Park British Marine Federation Leeds City Council British Retail Consortium Live Music Forum Broadland District Council Liverpool City Council Business in Sport & Leisure Local Authority Co-ordinators of Regulatory Caistor District Council Services Camden Borough Council Local Government Association Cardiff Council London Councils Castle Wines Ludlow Music Society Central Council for Physical Recreation Manchester City Council Chichester District Council Memorable Cheeses Chorley Village Hall Middle Temple Churches Main Committee Mole Valley District Council Cinema Exhibitors Association Musicians Union Circus Arts Forum Myddle Village Hall Committee of Registered Clubs Association National Association of Kebab Shops Community Matters National Association of Local Councils Country Landowners Association National Campaign for the Arts Croydon Borough Council National Operatic & Dramatic Association David Sykes Network of Residents Associations Department for Communities & Local New Forest District Council Government Northamptonshire Licensing Consortium Page 496 56 The Licensing Act 2003 Report of the Independent Fees Review Panel
Northamptonshire Police Tower Hamlets Borough Council Nottingham City Council University of Bristol Oswestry Borough Council Vale of Glamorgan Council Open All Hours Valuation Office Agency Pavilion Court Sports & Social Club Visitor Attractions Forum Romiley Cricket Club Wandsworth Borough Council Rural Shops Alliance Warrington Borough Council Sandwell Metropolitan Borough Council Waverley Borough Council Small Business Council Wealden District Council Somerset County Council (Trading Standards) Welsh Council for Voluntary Action South Bucks District Council Welsh Local Government Association South Kesteven District Council Welsh Music Foundation St Cassian’s Centre Westminster City Council Tameside Metropolitan Borough Council Weymouth & Portland Borough Council Theatrical Management Association/Society White Roding Social & Sports Club of London Theatres Wine & Spirits Trade Association Tourism Alliance York (City) Council
In addition, all licensing authorities in England and Wales, including those listed above, were invited to contribute to the Panel’s data collection exercise in January-April 2006. Page 497 The Licensing Act 2003 Report of the Independent Fees Review Panel 57
Annex E: Panel Member Details
Sir Les Elton (Chair) Sir Les Elton is Visiting Professor in the Business School and Member of the Council at the University of Newcastle upon Tyne, a non-executive Director of the Port of Tyne Authority and advisor to several firms and public bodies (including DCLG Select Committee). From1984 – 2004 he was the Chief Executive of Gateshead Council & Clerk to the Northumbria Police Authority.
Clive Allen Executive Head of Corporate Services, Surrey Heath Borough Council (Camberley). Duties range through the finance functions of Council Tax, National Non-domestic Rates, financial management, audit as well as legal and support – a service which includes licensing. Clive Allen was previously Borough Finance Officer, Woking Borough Council, and Assistant Chief Internal Auditor, London Borough of Camden. Clive is also President of the Society of District Council Treasurers.
Duncan Bowdler Head of Trade Liaison, the Co-operative Group – the UK’s largest co-operative retailer operating 1,800 food stores, nearly all with liquor licences. He is also Chair of the Co-operative Retail Legislation Group and chair of the Association of Convenience Stores Government Relations and Campaigns Committee.
Francis Patton Francis Patton is Customer Services Director at Punch Taverns, the UK’s largest pub company. He is responsible for the companies’ relationship with key stakeholders including retailers, the City, the media and government. He is also the companies’ representative on the national committee for Pub is the Hub, Business in the Community and key trade bodies such as BBPA, BII and ALMR. Recently, he has worked with Leeds Metropolitan University on a project looking at rural pubs in tourist areas. Francis Patton was formerly Commercial Director at Punch having started his career with Allied Domecq as an Area Manager responsible for leased and managed public houses in the Yorkshire region.
Brian Wilson Director of Thematic Studies and Inquiries at the Commission for Rural Communities (CRC), which has three roles as: a national voice and advocate for rural communities; a source of expert advice on rural issues; and an independent rural watchdog. Previously he was at the Countryside Agency, including spells leading the development of the CRC, overseeing the Agency’s policy work on rural services, housing, transport and social inclusion, and developing ‘rural proofing’. Brian Wilson started as a professional researcher, where he dealt with a wide variety of rural development and urban regeneration issues.
Paul Woods City Treasurer, Newcastle City Council. Paul Woods is also Treasurer to the Tyne & Wear Passenger Transport Authority, and a non-executive Director of NEXUS (Tyne & Wear Passenger Transport Executive) and also Treasurer to the Newcastle Theatre Royal Trust. He is the Chair of Finance Group of the Association of North East Councils. He has significant technical experience of capital strategy and programme management and technical work with Revenue Support Grant distribution formulae. Page 498 58 The Licensing Act 2003 Report of the Independent Fees Review Panel Page 499
To download further copies visit www.culture.gov.uk Page 500 ES20808 Appendix F1
Information for Licensing Scrutiny Committee regarding Pollution complaints
Pubs & Clubs Pubs & Clubs Comm/ Pubs & complaints as a Comm/ Pubs & complaints as a Date Date Industrial Clubs % of overall Industrial Clubs % of overall commercial commercial 1.1.02 to 31.12.02 74 22 30 24.11.02 to 31.12.02 4 2 50 1.1.03 to 31.12.03 109 40 37 24.11.03 to 31.12.03 6 1 17 1.1.04 to 31.12.04 92 18 20 24.11.04 to 31.12.04 8 0 0 1.1.05 to 31.12.05 120 36 30 24.11.05 to 31.12.05 10 7 70 Introduction of Licensing Act 1.1.06 to 31.12.06 100 36 36 1.7.06 to 31.12.06 67 26 39 1.1.07 to 31.12.07 110 41 37 1.7.07 to 31.12.07 56 39 70 Introduction of Smokefree
316 Licensing consultations since introduction of Licensing Act
Noise Complaints 2002 - 2007 No of Pubs & Clubs complaints as a % of overall commercial complaints Page 501
140 50 45 120 40 35 100 30
80 25 20 60 15 10 40 5
20 0 1.1.02 to 1.1.03 to 1.1.04 to 1.1.05 to 1.1.06 to 1.1.07 to 31.12.02 31.12.03 31.12.04 31.12.05 31.12.06 31.12.07 0 1.1.02 to 1.1.03 to 1.1.04 to 1.1.05 to 1.1.06 to 1.1.07 to 31.12.02 31.12.03 31.12.04 31.12.05 31.12.06 31.12.07 No of Pubs & Clubs complaints as a % of overall commercial complaints
Commercial Noise Complaints Pubs and Clubs Complaints Page 502
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Crime figures in Gloucester and Eastgate Street
1000
900
800
700
600 Page 503
TOTAL CRIME FIGURES 500 EASTGATE STREET CRIME FIGURES
400 Number of Crimes of Number
300
200
100
0 2002 2003 2004 2005 2006 2007 Year Page 504
YEAR 2002 2003 2004 2005 2006 2007 TOTAL CRIME FIGURES 801 922 778 841 912 851 EASTGATE STREET CRIME FIGURES 221 279 ES20808 APPENDIX G LICENSING ACT 2003 TASK AND FINISH GROUP ACTION PLAN
Item Recommendation Proposed Action By Whom By When 1 A review of the provisions for recovery of annual Letter will be sent to the DCMS on behalf of G Ragon September 2008 fees where they have not been paid should be Gloucester City Council requesting a review of the undertaken. Licensing Authorities should be able Licensing legislation to make non-payment of to pursue individuals and organisations for non- annual licensing fees an offence under the payment of annual fees. Licensing Act. Licences should be invalid after a set period if the annual fee is not paid. 2 Procedures should be put in place for tracking the All reasonable steps are currently taken to ensure G Ragon October 2008 income lost from non-payment of annual fees for all annual fees are paid. The current policy is that premises licences. Although the Licensing Act if a debt is less than £200 this will be written off. 2003 makes no provision for Licensing Authorities This policy will be reviewed with regard to to claim this money back all steps should be taken licensing fees and if appropriate revised. to collect fees if possible. 3 That a Task and Finish Group be set up to To be included in the work plan of Overview and OSM / Cabinet
examine the night time economy transport system Scrutiny Management. Page 505 with special concentration on reappraisal of dispersal after clubs in the city close. 4 Review with the Police the training that Door Work with the Police to review training for Door G Ragon / April 2009 Supervisors are given to ensure that it is adequate. Supervisors. Any recommendations to be Licensing and reported to Licensing and Enforcement Committee Enforcement for approval. Committee 5 Lobby Government for better powers to review Letter will be sent to the DCMS on behalf of G Ragon September 2008 Personal Licences. Gloucester City Council requesting better powers to review Personal Licences. Licensing Authorities be given the power to review Personal Licences on the request of a responsible authority rather than have to wait for them to be convicted. 6 Lobby Government to set up a central database of Letter will be sent to the DCMS on behalf of G Ragon September 2008 Personal Licence Holders. Gloucester City Council requesting that they reconsider the idea of a National Database for Personal Licence Holders to improve communication between Authorities and give better accountability when a Licence Holder moves area.
Item Recommendation Proposed Action By Whom By When 7 Lobby Government to review the amount of Letter will be sent to the DCMS on behalf of G Ragon September 2008 paperwork for the Police created by the Licensing Gloucester City Council requesting that either the Act 2003. amount of paperwork generated for the Police in respect of the Licensing Act be reduced or additional funding be given to resource Police on the streets in respect of Licensing issues. 8 Reduce the number of incidents in the Eastgate Work closely with the Police, Night-time and G Ragon / July 2009 Street area with an aim to improve things to a level Evening Economy Group, Planning, local Local Plan that the Special Policy in respect of this area can businesses and residents and other interested be removed. parties to draw up an action plan to reduce the number of crimes and incidents in the Eastgate Street area. 9 Lobby Government to review Responsible A letter will be sent to the DCMS on behalf of G Ragon September 2008 Authorities under the Licensing Act 2003 Gloucester City Council requesting that a review Page 506 be undertaken of the Responsible Authorities and their responsibilities under the Licensing Act 2003. 10 Currently underage drinking is a problem in the To work with the Police and Trading Standards to G Ragon / April 2009 City and the legal standards do not appear to be set a standard that will reduce the amount of T Moseley / combating this. In future the Police will be seeking problem underage drinking. Police / the City Council’s support to take a hard line and Trading adopt the following: Standards o No ID no sale o Offence not to ask for ID 11 That Eastgate Street should be considered for Eastgate Street area be highlighted as a priority Local Plan inclusion in future regeneration projects in the City. for inclusion in any future regeneration projects in the City. 12 Strengthen links with Planners, the Police To bring together the Planners, Police G Ragon / April 2009 Architectural Liaison Officer and the Urban Design Architectural Liaison Officer and the Urban Design T Moseley / Officer to optimise on their roles and valuable Officer to ensure that all new Licensed premises Police / contributions to promoting the 4 licensing and projects in Gloucester that include Licensed Planners objectives as set out under the Licensing Act 2003. premises to ensure that they understand the 4 Licensing objectives and that they promote them through their work.
Item Recommendation Proposed Action By Whom By When 13 Lobby Government to review the provisions of the Letter to be sent to the DCMS requesting a review G Ragon September 2008 Licensing Act 2003 in respect of how applicants of the provisions in relation to advertising are required to publicise their applications. applications. Suggestion that applicants should notify residents and businesses within the vicinity of their In addition Gloucester City Council will review its G Ragon / December 2008 applications by letter or flyer. Advertisements in own practice with regard to publicising T Moseley local papers and in premises window or on their applications within the constraints of the Licensing boundaries often get missed. Act 2003. 14 Fully explore and determine if existing groups, Meet with representatives of the Evening and G Ragon / December 2008 such as the Evening and Night-time Economy Night-time Economy Group to see if Licensing T Moseley Group, can be used to promote the licensing issues can be included as a standing item on their objectives in the City or if a Licensing Forum agenda. In addition to review membership and should be established. explore the possibility of expanding this if necessary. 15 That the induction training provided for Elected Training for elected members on Council functions T Hughes May 2009 Page 507 Members includes Licensing and an overview of to be reviewed. Environmental Health. A stall at a ‘freshers fair’ type set-up would be welcomed. 16 To report back to Overview and Scrutiny Report on progress with action plan after 6 G Ragon December 2008, Management months, 12 months and 18 months June 2009, December 2009
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This page is intentionally left blank Page 509 Agenda Item 17 Gloucester City Council
COMMITTEE : Cabinet Briefing Overview & Scrutiny Management Committee Organisational Development Committee Council DATE : 25 th June 2008 7th July 2008 To be confirmed 24 th July 2008 SUBJECT : City Council Restructuring – Proposals for Phase 2 DECISION TYPE : For information WARD : All REPORT BY : Chief Executive NO. OF APPENDICES : 2 - 1) Initial grouping of services/functions 2) Draft Document for Consultation 3) Extract of TU consultation meeting minutes 4) Extract of Employee Forum meeting minutes REFERENCE NO. : PC200810
1.0 PURPOSE OF REPORT
1.1 To inform members of progress to date on the second phase of restructuring within the city council.
2.0 RECOMMENDATIONS
2.1 Members are recommended to note progress made and the timetable for completing this phase of restructuring as indicated in 5.1 and within the draft document (page 23 in Appendix 2).
3.0 BACKGROUND
3.1 The need to restructure
The Chief Executive in his original restructure brief for the first phase of restructuring in 2007 highlighted the significant change the council has experienced in recent years. New arrangements for the delivery of services and an associated reduction in staff numbers are among the key changes and re-alignment of the current structure is necessary to meet future challenges and achieve council objectives.
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3.2 The design imperatives for the first phase of restructuring involving the corporate management team are equally important for further phases:
• Grouping and combining appropriate services to enable us to deliver the council’s priorities in a co-ordinated and joined up way, ensuring that we focus strongly on delivering for the customer and improve the experience and outcome for them.
• We need to be mindful of the shared services and efficiency agenda and the structure needs to facilitate this, allowing effective sharing and procurement.
• It is imperative that we retain and develop effective management of contractual partners, and that we influence and work in partnership with other agencies and stakeholders. Productive alliances need to be established and developed in the interest of improved performance.
• We need to ensure that our approach to service delivery in neighbourhoods is aided by the way we are organised and structured.
• It is a ‘non-negotiable’ that we focus on agreed objectives, drive performance upwards and deliver achievement.
• Throughout the council we need to ensure we acquire and develop the appropriate skills, behaviours and competencies to deliver our agenda.
• Within the context of ongoing budgetary pressure, we must ensure that we achieve high value in all our activities and dealings, removing unnecessary cost.
• We need to create a flexible and learning organisation so that we can respond promptly and effectively to external pressures - and to the opportunities!
4.0 PROGRESS
4.1 The process for phase 2
Following the appointment of two of the new corporate directors in February this year, the Leadership Team agreed that it was important to maintain the momentum of the initial phase of restructuring in order to avoid an unnecessarily extended period of uncertainty for staff, and that attention should be turned without delay to the structures below corporate director level.
4.2 The Corporate Director of Strategy and Development and Corporate Director of Regeneration began by meeting with managers on a one to one basis and used the thoughts and ideas which came out of these discussions to help form a series of ‘groupings’ of services and functions below director level (see Appendix 1). These groupings were shared with managers and their teams in the third week of March. Further feedback was received which has again been used to help shape the draft restructuring proposals attached as Appendix 2.
4.3 The draft restructuring proposals
Under phase 2, it is proposed that the number of managers currently reporting to the corporate directors is reduced. Changes are proposed to the two levels below corporate director. Firstly, new group manager posts will be created immediately 2 Page 511 below corporate directors, reducing the unsustainably large number of managers reporting directly to these posts at present. Secondly, at the level below group manager, it is proposed that new service manager posts are created. Functions and services are identified below each service manager, and clear accountability and responsibility is considered an essential part of this process.
It is intended that the principles underpinning the proposals within these two directorates will be applied to the two remaining directorates later this year, ensuring a consistent approach right across the authority.
4.4 How we have consulted to date
The draft proposals were shared with both union representatives and managers at meetings on 22 nd May, prior to the official launch of the consultation period on 23 rd May.
All staff and all members were sent a copy of the proposals on 22 nd May and a discussion forum was set up on the intranet. Group leaders were given an opportunity to discuss the proposals on 2 nd June.
The proposals were subsequently considered at the TU Consultation meeting on 10 th June (Appendix 3) and following this, the draft proposals were presented to Employee Forum members on 12 th June (Appendix 4). In addition, the proposals have been shared with the council’s external auditors, the Chief Executive of Gloucester City Homes and Chief Executive Designate of the Leisure Trust.
To date, feedback has been received directly by both of the corporate directors from managers and other staff. This has been generally positive in terms of the overall proposals, with some members of staff seeking clarification regarding individual circumstances/roles/location. Following the close of the consultation period on 23 rd June, all feedback received will be responded to and both feedback and responses will be circulated with the finalised proposals.
5.0 FUTURE WORK
5.1 Following extensive consultation, further consideration will be given to the proposals before they are finalised. At the same time, job descriptions for group manager and service manager posts will be formally evaluated enabling estimated costs and savings to be firmed up.
5.2 The finalised proposals are then due to be considered by Organisational Development Committee (date subject to confirmation) and Full Council on 24 th July.
5.3 Subject to agreement by Full Council, assessment centres (including interviews) for the new group manager posts will be held at the end of September, with appointments to the new service manager posts following in October/November.
6.0 CONCLUSIONS
6.1 The draft proposals for the second phase of city council restructuring have been widely circulated to staff, members and other key parties as part of the consultation process.
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6.2 Feedback received to date has been generally positive and, following the close of the consultation period on 23 rd June the proposals will be finalised for member approval.
7.0 FINANCIAL IMPLICATIONS
7.1 Both the estimated costs of the restructuring and savings resulting from it are currently being firmed up and there is an overall expectation that costs will reduce in the long term.
7.2 As the process progresses, the financial implications will be monitored and fed into the Budget and Medium Term Financial Planning process to ensure the council’s financial objectives are achieved.
7.3 Name of the Officer: Steve Phelps
8.0 LEGAL IMPLICATIONS
8.1 The council has the power to structure itself in such a way as it considers necessary to provide its functions.
8.2 The council has policies on re-organisation, redeployment and redundancy which will need to be followed in any restructuring.
8.2 Name of the Officer: Gary Spencer
9.0 RISK MANAGEMENT IMPLICATIONS
There are no high risk implications which have been identified at this stage.
10.0 PREDICTIVE IMPACT ASSESSMENTS (EQUALITIES)
10.1 The restructuring is being dealt with in accordance with the council’s policies on change management and equal opportunities.
11.0 OTHER CORPORATE IMPLICATIONS
1. Community Safety
None specific to the report.
2. Environmental
None specific to the report.
3. Staffing (Personnel to complete)
As indicated in the report the proposals have been consulted upon extensively and members of staff and unions had considerable opportunity to comment.
4 Page 513 The restructuring has significant implications for staff and causes some uncertainty. Every effort is being taken to minimize that uncertainty. Should members of staff be unsuccessful in applications for positions in the restructure then the council’s redeployment, early retirement and redundancy policies will apply as appropriate.
A clear statement of how the council’s management of change policy applies to this restructure is being produced and will be agreed with the unions shortly.
The new posts will be graded using the Hay job evaluation scheme.
4. Trade Union
The main concern of the trade union is the disruption and stress caused to staff by the uncertainty, which results from yet another management restructuring. We are also concerned for those who do not fit into the new structure and where regrading of service heads/managers posts occurs that salary protection and agreed salary grading (Hay) procedures should be adhered too. It should also be incumbent on the employer to respect the long service of some of the staff that are affected by the changes and take account of their knowledge and experience. We would support retention of staff with redeployment rather than redundancy and early retirement as preferred options for affected posts and would advice all union members of this position.
TU comments from Steve McDonnell.
Background Papers :
Published Papers :
Person to Contact : Amanda Wadsley Tel: 396402 E-mail: [email protected]
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This page is intentionally left blank STRATEGY + DEVELOPMENT DIRECTORATE APPENDIX 1 Draft 17.3.08 Groupings of Functions and Services
Legal and Democratic Policy and Partnerships Organisational Communications Support Development + Marketing
• Legal services • Policy • HR strategy • Communications strategy
• Monitoring officer • Research • Personnel • Internal communications
• Elections • Engagement + consultation • Training + Development (inc. • External communications strategy members)
• Land charges • LSP + Community Strategy • Equalities • Media service Page 515 • Civics • LAA • Business review + • City council promotion development
• Committee support • Grants + third sector • Performance management • Graphic design commissioning
• Printroom • CAA • Direction of Travel + VFM • Web + kiosk management
• Courier • Neighbourhood management • Corporate + service planning strategy
• Information + systems management
• Performance reporting
• Audit Commission liaison
Other functions/services
• Welfare Benefits to be repositioned within Resources Directorate • Tapestry – options to be tested • Admin – to be reviewed as part of support services review Page 516
This page is intentionally left blank REGENERATION DIRECTORATE APPENDIX 1 Draft 17.3.08 Groupings of Functions and Services
Development Services + Regeneration Culture, Heritage Services, Facilities Projects Strategies, Policies + + Tourism + Property Initiatives
• Development Control Service • Planning Policy RSS / LDF / • City Museum • Administration and Business Planning Briefs Support / Promotion
• Planning / Listed Building / • Climate Change Strategy and • Folk Museum • Reception and customer Conservation Enforcement Initiatives services
• TPO / tree advice • Nature and Biodiversity • Guildhall • Facilities management - Catering services (Docks, Guildhall and potentially Page 517 • Building Control Service • Housing Strategy / Enabling • Tourism Information Centre museums) - Cleaning services (all sites) - Custodian service • Urban Design • Economic Development • Council building maintenance (expanded team) and management (including statutory testing)
• Building Design - Grant Work • Community Regeneration • Parking services (on and off street) • Projects Team (new) – flexible • Marketing Alliance client role • Markets – operation, multi disciplinary team to development and promotion deliver and oversee capital schemes (will include • Historic Environment / • Valuation / estate engineers currently residing in Conservation / Archaeology management / Land terrier / Streetcare) client for external valuation support
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GloucesterPage City 519 Council
APPENDIX 2
A New Structure for Gloucester City Council
Phase 2
Draft Document
for Consultation
contact: Amanda Wadsley Corporate Director of Strategy & Development Version : 22.05.2008
Page 520
1. A new structure for Gloucester City Council : Phase 2
Introduction
Through its corporate plan ‘Building a Better Gloucester’, the city council has a clear set of aims for the next three years:
Put Gloucester on the map A thriving, 21 st century city A city with strong and cohesive communities The city council is a top performing organisation
In achieving these aims and the specific outcomes that lie beneath them, it is essential that the authority has a ‘fit for purpose’ structure that is right for a council which has seen significant change both internally and externally in recent years.
This second phase of restructuring follows on directly from the work undertaken by the Chief Executive to create a completely new structure for the corporate management team at Gloucester and the subsequent recruitment of four corporate directors to those posts in the first part of this year.
Why is further restructuring needed?
In his original restructure brief, the Chief Executive highlighted the need for structural change:
“In looking forward, it is clear that the level of change will not subside and the challenges that we face as a council are likely to increase. Short term measures have not as yet organised the council to deal with these challenges.
In summary, therefore, the current structure needs to be re-aligned in terms of both shape and size, in order to meet the future challenges, as well as realising the ambitions for Gloucester.”
The design imperatives referred to in the original brief are also equally important in respect of the second phase of restructuring:
- Grouping and combining appropriate services to enable us to deliver the council’s priorities in a co-ordinated and joined up way, ensuring that we focus strongly on delivering for the customer and improve the experience and outcome for them.
- We need to be mindful of the shared services and efficiency agenda and the structure needs to facilitate this, allowing effective sharing and procurement.
- It is imperative that we retain and develop effective management of contractual partners, and that we influence and work in partnership with other agencies and stakeholders. Productive alliances need to be established and developed in the interest of improved performance.
- We need to ensure that our approach to service delivery in neighbourhoods is aided by the way we are organised and structured.
- It is a ‘non-negotiable’ that we focus on agreed objectives, drive performance upwards and deliver achievement.
- Throughout the council we need to ensure we acquire and develop the appropriate skills, behaviours and competencies to deliver our agenda. 1 Page 521
- Within the context of ongoing budgetary pressure, we must ensure that we achieve high value in all our activities and dealings, removing unnecessary cost.
- We need to create a flexible and learning organisation so that we can respond promptly and effectively to external pressures - and to the opportunities!
In addition, there are specific needs and imperatives within each new directorate which are discussed more fully within the proposals.
The approach
The Chief Executive clearly set out the way forward for this second phase of restructuring in his original proposal:
“There will without question be a need for reshaping of teams and services within directorates, but I believe that it is important for the new corporate management team to fully participate in the creation and development of that structure.
In short, the people appointed to these new positions will be fully involved in designing and deciding how their services will be structured and organised, and in filling the key positions within these revised directorates. Therefore, whilst I clearly have views on the way that teams should be organised – the proposals at this stage do not cover that for the reasons that I have given.”
Following the appointment of the first two corporate directors in February this year, it was agreed by the new Gloucester Leadership Team (Julian Wain, Phil Staddon and Amanda Wadsley) that work on the second phase of restructuring within the directorates of Regeneration and Strategy and Development should get underway immediately. The aim of this was to maintain the momentum which had been created and avoid an unnecessarily long and drawn out process, for those below director level, within these two directorates. It was further agreed that as part of this process corporate frameworks and policies would be put in place to guide the remaining two directors on their arrival at Gloucester in July this year and ensure a consistent approach across the council.
In carrying out this work the two directors have worked together closely to ensure a common approach. Following an initial period of consultation with managers on a one to one basis each proposed a number of ‘groupings’ within their directorates as the basis for structural design. Further consultation has since taken place with managers and staff within the directorates and these groupings have since been shared with all staff through the managers’ forum meeting.
Drawing on this initial period of consultation and feedback to date, proposed structures have been produced which see a number of new Group Manager posts being set up at the level below directors. Below this, reporting to the Group Managers, a level of Service Manager posts is shown, together with teams, roles and functions. It is envisaged that the detail of structures below this level will be the subject of further consultation.
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2. The proposals
a) Strategy and Development Directorate
Overview
The newly created Strategy and Development directorate brings together some of the council’s key corporate support services including Legal, HR, Communications, Committee Services, and Business Improvement, as well as Elections. It also incorporates the council’s outward facing work with partners and the local community through mechanisms such as the Local Strategic Partnership and the Local Area Agreement, as well as grants to the voluntary and community sector.
Under the current structure, nine managers and other officers report directly to the Corporate Director, a situation which is clearly unsustainable. There are also a number of small units across the directorate which operate to some extent in isolation and there is a strong case for joining and aligning these operations more effectively to improve service delivery and the achievement of objectives.
The proposed restructuring of services and functions through the management level below corporate director sees the creation of three new groups. The intention is to facilitate better inter-service working, increase focus on council objectives and improve service performance overall. In addition to this is a smaller Communications and Marketing Team with a Service Manager who will also report directly to the Corporate Director.
The three groups, each headed up by a group manager are as follows:
Corporate Director Strategy and Development P.A.
Communications + Marketing Service Manager
Group Manager Group Manager Group Manager Legal + Democratic Policy + Partnerships Organisational Support Development
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The posts which are identified at this stage as being directly affected by the creation of the three new group managers are:
• Head of Corporate Personnel • Team Leader Community Strategy • Business Improvement Manager • Community Development Team Leader (jobshare) • Policy and Performance Manager • Community Development Officer • Head of Legal Services • Head of Communications + Marketing • Head of Democratic Services • Executive Officer
The Executive Officer post which currently reports to the Chief Executive is also incorporated within the scope of this proposed restructuring.
Legal and Democratic Support
This group maintains the important links between legal and democratic services.
At the same time it sees a closer relationship formed between democratic services and the electoral services team, ensuring effective day to day management of both as well as greater resilience. Overall responsibility for elections is retained by the Returning Officer (the Chief Executive since 19 th May).
Key areas of focus for the new Group Manager, Legal and Democratic Support will be ensuring the complete modernisation of systems and processes, including full utilisation of the committee and case management systems. The postholder will also be responsible for achieving efficient and demonstrably effective services which provide excellent value for money in terms of both cost and quality. He or she will also be required to ensure support for the democratic process is robustly maintained.
The role of monitoring officer will also be allocated within this group, at a level yet to be determined.
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The structure proposed is:
Group Manager Legal + Democratic Support Returning Officer
Legal Services Admin Officer Democratic + Electoral Manager Services Manager
Legal Services Admin staff Civics team team Democratic Services team Electoral Services team
Roles + functions : Roles + functions : Roles + functions :
• General legal advice • Purchasing + • Committee invoicing structure + • Contracts support • Admin systems • Employment Law • Committee • Financial management • Conveyancing monitoring system admin support • Litigation • New member • Secretarial support + admin • Prosecution support • Civic Support • Land charges • Scanning + filing • Constitution • Land registry • Information/ data provision • Elections • Legal support for partners • Customer • Electoral - GCH enquiries register - Leisure Trust - Marketing Alliance • Personnel admin • Elections management • Library admin • Post system admin
• Case management system admin
• Standing Orders + Procurement Law
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Policy and Partnerships
The Group Manager, Policy and Partnerships has responsibility for bringing together two key areas of council support and activity – Policy and Information, and Community Engagement.
One of the overall aims of this grouping is to ensure more effective connectivity with local communities through better understanding of community needs and aspirations. The new group management will be responsible for ensuring communities impact directly on service design and delivery through a range of mechanisms as well as building their own capacity to develop themselves.
Equalities and diversity are relocated within this group from their previous position within personnel services, reflecting the need for the council to be more outward looking in this area going forward, and strengthening the relationship between equalities and community engagement.
The community engagement service will deal with the whole spectrum of engagement, including consultation which was previously located within policy and communications. Key to this service area will be the integration of the council’s community activities and initiatives into a stronger, more focused and effective single unit.
The policy and information service is designed to ensure a more robust approach to policy review and development across the organisation, combined with a strengthened emphasis on information management. A new ‘hub’ will be created providing much-needed, accessible information to staff, members and others outside the council. At the same time essential links with the community engagement team will be formed to ensure the ‘hub’ properly reflects sound community-related information.
6 Page 526 The structure proposed is:
Group Manager Policy + Partnerships
Policy + Information Community Service Manager Admin Officer Engagement Service Manager
Policy + Information Community Strategy Admin staff team + Engagement team
Roles + functions : Roles + functions : Roles + functions :
• Policy advice + • Purchasing + • Local Area development invoicing Agreement
• Research • Admin systems • Local Strategic Partnership
• Corporate planning • Financial • Community monitoring support Strategy • Information hub • Secretarial support • Community • Information Engagement management • Scanning + filing strategy
• Freedom of • Information/ data • Corporate Information policy provision consultation
• Data Protection Act • Customer enquiries • Comprehensive Area Assessment policy • Personnel admin • Neighbourhood • Data Quality Management • Post strategy • Performance monitoring + • Neighbourhood reporting Partnerships support • Performance Plus system admin • Equalities + diversity
• Audit Commission • Voluntary + liaison community sector grants
• Third sector commissioning
• Voluntary + community sector 7 engagement + development Page 527
Organisational Development
This group brings a strong focus on organisational development to the authority which incorporates human resources and also draws in performance management and business review. The aim of this new alignment is to link the development of the council, its staff, business and culture with planning and performance.
It will be the responsibility of the new Group Manager, Organisational Development to ensure there are close links between the council’s performance frameworks, its business review processes and its mechanisms for improvement, creating an effective ‘plan, do, check’ culture. At the same time, the Group Manager will be tasked with creating a business-focused HR support team, meeting the council’s needs for HR advice. In addition, a new focus on HR policy development and organisational learning will be created through the Policy and Learning teams.
Finally, the Business Improvement and Admin Manager will have overall responsibility for all of the admin staff deployed to each of the three groups, ensuring consistency, flexibility and resilience across the directorate.
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The structure proposed is:
Group Manager Organisational Development
Business HR Operations Improvement + Admin Admin Officer HR Policy Manager Manager Manager
Business review staff Learning + Admin staff HR operations Admin team for team development team directorate
Roles + functions : Roles + functions : Roles + functions : Roles + functions :
• Business review • Purchasing + • Advice on policies • HR policy programme invoicing + procedures including • Organisation • Service reviews • Admin systems grievance, design disciplinary, • Lean thinking + • Financial bullying, capability • Organisational Business Process monitoring support etc. health Review interventions • Secretarial • Change • Workforce + support management succession • Performance advice + support planning management • Scanning + filing framework • Advice on • Absence • Information/ data performance management • Benchmarking + provision management frameworks market testing • Customer • Workforce/skills • Staff + member • VFM strategy + enquiries analysis learning + assessment development • Personnel admin • Pay + benefits • Direction of travel • Induction assessment • Post • Pensions • TU liaison • Service planning • Corporate post • Employee operation Tribunals • Traineeship • Directorate Admin scheme support
• Courier + post management
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Communications and Marketing
The communications and marketing service maintains the combination of roles and functions which together ensure an effective internal and external communications operation.
Recognising the need for communications to input at the highest level in the organisation, the manager of this post reports directly to the Corporate Director and continues to have close links, as necessary, to the Chief Executive and cabinet members.
In order to ensure stronger links between the graphic design service, council branding and the print room operation, responsibility for the management of the print room will transfer to this service area from democratic services.
The key task for the manager of Communications and Marketing will be to ensure there is a re-focusing across the service on internal communications and council branding. The postholder will also be responsible for ensuring the print room service fully supports the business needs of the council and demonstrates good value for money in terms of cost and quality.
Communications + Marketing Service Manager
Communications + Marketing team
Roles + functions :
• Communications strategy
• Public relations
• Media service
• Media monitoring
• Media training
• Internal communications
• External communications
• City council promotion
• City council branding + corporate identity
• Graphic design
• Web, intranet + kiosk content management + development
• Print room management
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Other functions and services
Administrative support
It is proposed that each of the groups will be supported by dedicated admin support staff. On a day to day basis, admin support staff will report direct to the Group Manager, and will also provide PA support for the postholder.
Overall responsibility will, as has been shown, rest within the Organisational Development Group, to enable a flexible approach to admin support to be maintained across the directorate.
Tapestry
The review of the Tapestry service and options for the future provision of this facility will establish the best value approach to translation services. In the meantime, it is proposed that responsibility for the service is given to the Customer Services Manager. This will enable a more holistic approach to be taken to translation services across the authority.
Welfare Benefits
In the Chief Executive’s response to feedback in the first phase of restructuring, this was to be kept under review.
The proposal is now that the Welfare Benefits operation is relocated from its current position within community services to the benefits service. This will enable a more holistic approach to the benefits service to be taken whilst recognising the importance of maintaining links with colleagues involved in community engagement and other community development activities, given its original proposed location.
Chief Executive support
The proposed structural arrangements and, in particular, the strengthening of the policy, information, business review and admin functions mean that direct executive support to the Chief Executive will not be appropriate.
As indicated in the first phase of restructuring, it is important that arrangements going forward are ‘fit for purpose’. The Chief Executive now has direct line management responsibility for the four corporate directors and his PA. All other services and functions will be provided to him through those directorates to ensure complete clarity and accountability in accordance with the corporate plan.
Health and Safety
In the past the council has found it necessary to focus on a range of health and safety issues relating to operational areas such as the depot, highways and streetcare services. As direct responsibility for these services is now part of the partnership arrangements, the emphasis of the health and safety support required by the authority has changed.
Health and safety has previously been located within personnel services and it is proposed that this function should be relocated to the Environmental Health service. This will enable better alignment with staff involved in health and regulatory issues, whilst recognising the links that will need to be maintained with the Organisational Development group.
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b) Regeneration Directorate
Overview
The new Regeneration Directorate brings together a wide range of planning, housing, economic, building, cultural, tourism and heritage services. It also includes the stewardship of the council property and two major businesses - parking and markets which have important roles in a thriving 21 st century city.
The Directorate includes the following management and officer posts which are directly affected by these proposals:
1. Development Control Manager 7. Tourism Manager 2. Building Standards and Control Manager 8. Support Services Manager 3. Policy, Design and Conservation Manager 9. Property and Markets Manager 4. Economic Development Manager 10. Building Design Services Manager 5. Arts and Festivals Manager 11. Community Strategy and Regeneration 6. Heritage and Museums Manager Officer 12. Housing Strategy and Enabling Manager
A further area of staff resource, in terms of engineering / project management capacity, currently residing in Streetcare, has also been factored into this restructure.
The inherited structure is clearly unworkable. A lengthy critique is unnecessary, as the consultation process with managers to date has indicated consensus that the inherited structure is unwieldy, messy and inconsistent. More fundamentally it does not align services in any logical and strategically focused way and would, if left “as is”, frustrate and fail to achieve the optimum delivery required in the drive towards Building a Better Gloucester . Accordingly, it is proposed to delete the 12 posts listed above and replace them with a new management structure
Four service groupings are proposed plus a small specialist property unit that will report directly to the Corporate Director of Regeneration. The four service groupings will be headed by a ‘Group Manager’ who will be supported by new operational ‘Service Managers’. The service groups are broadly comparable in size although there is quite a variation in the size of the services sitting under the new ‘Service Managers’.
Corporate Director of P.A. Regeneration
Strategic Property, Estates + Valuation Service Manager
Group Manager Group Manager Group Manager Group Manager Development Regeneration Cultural Services + Regeneration Services Strategy + Delivery Tourism Services, Facilities + Support
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Details of the proposed Group Manager posts and their respective operational Service Managers are set out in the structure charts below, together with a commentary on the groupings and structure.
Development Services
This group of services is very much the frontline in terms of the council’s interface with the development industry. It brings together the two major statutory services of Development Control and Building Control. This accords fully with the Government thinking (see CLG Future o f Building Control ) which promotes a “seamless” planning and building control service. It will also give greater opportunity to win Building Control work in an increasingly competitive market by achieving a closer interface with developers at an early stage in the development process.
The Group Manager will be responsible for merging these services and developing them to achieve service excellence, financial efficiency, full support to the regeneration programme and the very best outcomes for the city. New operational “Service Managers”, one for development control, one for building control will be created to support the Group Manager in delivery.
Development Control plays a vital role in achieving quality environments, high standards of design and sustainable communities. It has a particularly important role in facilitating major regeneration schemes. I propose to include the urban design, tree regulation / promotion officers within this team to enhance its delivery abilities. I propose to make the currently temporary Tree Officer post permanent, reflecting its statutory nature and importance. I also propose to make permanent the currently temporary Senior Compliance / S.106 Officer post which has proved to be very successful and effective.
Building Control services, locally and nationally, have come under increasing challenges in recent years due to private sector competition, an ageing workforce and increasing complexity and breadth of regulation. As well as aligning the service with Development Control I propose enhancing it by including the grants team (currently within Building Design Services) to equip it with a greater portfolio of skills and enable it to act as a more broadly based consultancy. I envisage that the Projects and Property Service (see Group Manager – Regeneration Strategy and Delivery below) will commission Building Control to undertake specialist works such as DDA assessments and Fire Risk Assessments. I would also like it to establish new skills and abilities in assessing and advising on sustainable construction methods.
I propose a merger of the Development Control and Building Control administrative functions given that they use similar systems and the same IT systems (Uniform). I expect such a merger to generate significant efficiencies. As with other administrative functions in the Directorate the Group Manager – Regeneration Services, Facilities and Support will take an overarching management responsibility, working with the other Group Managers to achieve the best and most efficient service.
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The structure proposed is:
Group Manager Development Services
Development Control DC/BC Admin Supervisor Building Control Service Manager Service Manager
Development Control team DC/BC Admin Technical Building Control team Officers Urban Designer Building Surveyor Street Naming/Numbering (Grants) Tree Officer (Permanent Post) Trainee Senior Architectural Technician Senior Planning Compliance/S.106 Monitoring Officer (Permanent Post)
Planning Enforcement Officer
Roles + functions : Roles + functions : Roles + functions :
• Planning applications • DC/BC admin • Building Regulation applications • Pre-application advice • Street naming/numbering • Public protection work • S.106 negotiation • Technical support (under Building Act)
• Urban Design • Land searches input • Building consultancy
• Tree advice/TPO • Grants schemes regulation • Disabled accessibility • Tree promotion advice
• Planning enforcement
• S.106 monitoring
• Development team approach
• URC support/advice
• Major development management + support 14
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Regeneration Strategy and Delivery
This group of services is focused on developing and joining up the council’s regeneration strategies and in playing a key role in delivery.
The Group Manager will be responsible for bringing together four entirely new service units and ensuring that they deliver in a joined up and effective manner. The four units, each of which will have a new operational Service Manager, are as follows:
(i) Spatial Planning & Environment – which will comprise the developing and implementing the spatial vision for Gloucester. It will include the LDF team, Housing Strategy and enabling and the established “Green Team” which will have a particular focus on sustainability, implementing the climate change strategy and greening the city.
(ii) Heritage – this unit will bring together the conservation expertise in the council with the archaeological / historic environment team (currently residing within the museum service). The service will play key role in integrating heritage into Gloucester’s regeneration and its broader cultural and tourist offer. The unit will have responsibility for the care of monuments care that fall within the council’s custodianship.
(iii) Economy and Community Regeneration – this unit will include the existing economic development unit, the community regeneration staff and potentially some additional new posts. The unit will represent an expansion of the council’s economic development expertise with a renewed focus on inward investment, the city employment plan, the skills agenda and community regeneration. It will take a lead role in seeking external funding for economic / community regeneration projects.
(iv) Projects, Property Maintenance and Delivery – there have been widespread support for the creation of a projects team. The council has a major capital programme of works (the biggest scheme being the Depot redevelopment) in the coming years. It has lost considerable technical expertise through earlier service transfers (especially the highways agency) and the remaining expertise is both fragmented and overstretched. A new projects unit is proposed which will take lead responsibility for the capital programme (which will fund the team via fees) and the maintenance of the Council’s property and accommodation. Given the urgency surrounding the need for project resource to deal with flood related works I intend to appoint an interim head of projects as soon as possible. The new team will include engineering staff currently residing in Streetcare and appropriate staff from the current Building Design Services team.
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The structure proposed is:
Group Manager Regeneration Strategy + Delivery
Economy + Spatial Planning + Heritage Service Projects, Property Community Environment Manager Maintenance + Delivery Regeneration Service Manager Service Manager Service Manager
LDF team Conservation team Projects team Economic Development team Housing Strategy + Archaeology/ To be designed Enabling team Monuments team Community Regeneration team Green team 2 new posts
Roles + functions : Roles + functions : Roles + functions : Roles + functions :
• LDF • Conservation • Capital projects • Inward investment
• Planning briefs • Archaeology • Technical advice + • City Employment consultancy Plan • Housing strategy • Heritage • Project • Retail economy • Housing enabling • Grants management • Business support • Climate change • Monuments • Council property maintenance (eg. • Skills • Nature + repairs, statutory biodiversity testing, M+E etc.) • Community regeneration • Landscape design
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Cultural Services and Tourism
This group of services brings together the work of Guildhall with the two museums and the TIC.
The Group Manager will have particular responsibility for: • Modernising and developing “fit for purpose”, successful and sustainable museum services to tell the story of Gloucester from its birth to the present day. • The museums artefacts storage project • Developing and expanding the Guildhall’s music, cinema, arts and comedy to reach new audiences and improving the Guildhall’s financial standing • Leading the implementation of the city’s Cultural Strategy. • Linking the council’s cultural services to the regeneration programme and developing culture as a driver for regeneration. • Running a successful and effective tourist information service which adapts and responds to the changing city as the regeneration programme unfolds. • Effective cross-site selling and operational efficiency.
New operational service managers of the museums, guildhall and TIC are proposed to support the group manager.
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The structure proposed is:
Group Manager Cultural Services and Tourism
Guildhall Service Manager Museums Service Manager Tourist Information Centre (TIC) Service Manager
Guildhall team Museums team Tourism Assistants
NOTE 1: Guildhall NOTE 1: Archaeology / administration, catering + Historic Environment Team cleaning managed by managed by Regeneration Regeneration Services, Strategy + Delivery Facilities +Support NOTE 2: Museum admin managed by Regeneration Services, Facilities + Support
Roles + functions : Roles + functions : Roles + functions :
• Music • City Museum • TIC
• Comedy • Folk Museum • Tourism advice
• Visual arts • Museum storage • Promotion
• Cinema • Outreach work • Cross site selling
• Café bar • Museum retail sales • Retail sales
• Events support
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Regeneration Services, Facilities and Support
This group of services will include two of the council’s most significant business services (parking and markets), all of the facilities management functions (catering, custodians, cleaning) and a range of support services / reception to serve the directorate. Service Managers are proposed for support services, parking, markets and facilities. It will include the direct management of the Guildhall and Museums administrative functions. The group will also include overarching management responsibility for administrative and support functions in the three other regeneration service groups, in liaison with the other group managers.
The Group Manager will have particular responsibility for: • Developing and operating efficient, effective and responsive regeneration support services. • Overarching management of support / administrative functions across the directorate. • Efficient and effective facilities management including cleaning, catering and custodian services and facilities hire. • Merging the on and off-street car park management functions. • Leading the parking services procurement project (for services post Sept 09) • Developing parking services that maximise revenue and customer satisfaction • Running effective and sustainable market operations that contribute to the vitality and viability of the city. • Promotion and use of Hempsted Meadows for non market uses which generate revenues and / or add to the vitality of the city
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The structure proposed is:
Group Manager Regeneration Services, Facilities + Support
Admin Regeneration Parking Catering + functions in 3 Markets Service Support Service (On + Off Street) Facilities Service other Manager Manager Service Manager Manager regeneration groups
Support Parking Markets team Custodians team Services / Admin Administration / / Finance / Contract Cleaning team Regeneration Management Reception team team Catering team (Guildhall, Guildhall Admin Docks + potentially Museum Admin Museums)
Roles + functions : Roles + functions : Roles + functions : Roles + functions :
• Regeneration • On street parking • Hempsted • Facilities reception (4 th Meadows floor) • Off street parking • Custodian • Market Hall service • Admin/business • Car park support improvements • Kings Square • Cleaning Market • Invoicing • Contract • Catering management • Farmers Market • Payments • Room hires • Parking appeals • Street trading • Personnel related admin • Car parking • Markets promotion • Customer • Marketing + support promotion
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Strategic Property and Estates Unit
I have come to the conclusion that a separate specialist property unit is required, which will report directly to me (this function sat in service area 4 in the first consultation draft).
The reasons for establishing this specialist unit are multiple. First, there are major property issues such as council accommodation, car parking and strategic land / property holdings that justify a specialist approach and a direct line to the Corporate Director of Regeneration. Second, the regeneration programme has many significant property consequences for the council that need to be carefully managed. Third, a gap has emerged between externally sourced property advice and the internal estates service – this needs to be bridged.
The unit will comprise the existing valuation professionals, the land terrier and appropriate support. The unit will work closely with me to nurture and manage the council’s portfolio of land and property to maximise revenues, returns, regeneration and outcomes for the community. The unit will be responsible for producing a new Asset Management Plan. A Service Manager will be appointed.
Roles and functions
• Estate management • Strategic property advice • Client for externally sourced property advice • Asset management • Land terrier records
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3. Overview of the Process
General support
The level of care and consideration shown to those affected by the first phase of restructuring will be fully maintained during this further phase of change, recognising that it will be a difficult time for some members of staff.
HR support throughout the process will be provided by the Strategic HR Advisor, Jill Shortman (currently employed through Solace on an interim basis) and, where appropriate, the Corporate Personnel team. Support of a more general nature will also be provided by the Gloucester Leadership Team – Julian Wain (Chief Executive), Amanda Wadsley (Corporate Director of Strategy and Development) and Phil Staddon (Corporate Director of Regeneration).
Our aim at all times will be to provide clear and timely information for everyone involved and to maintain a close and open dialogue with the Trade Union throughout.
Assimilation
The new group manager posts are considerably different in type, nature and scope to any other posts currently to be found within the council. They also reflect the requirements of the new management competency framework. This means therefore that assimilation will not be possible to any of these new posts. Assimilation may be possible, however, at the level below the group manager posts, as part of the redeployment process.
Where a redeployment post pays lower than the employee’s existing level, protection arrangements will apply in accordance with the council’s current policy.
Ring fence arrangements
A ring fence will be drawn around the new group manager posts within the two directorates, to include those posts which are directly affected. Applications will be accepted on the basis of this ring fencing and shortlisting will only be used against the person specification where there is a specific requirement such as a statutory job-related qualification for the post.
Application + selection process
Jobs will be evaluated using the council’s job evaluation scheme, as indicated in the outline timetable.
Expressions of interest in the new group manager posts should be made using the council’s standard application form. Applications will be invited following consultation and formal approval.
Selection panels will be formed to include corporate directors and HR representatives (non- city council) and candidates will be assessed against the person specification and the operational level competencies which were agreed last Autumn.
Assessment centres designed specifically for this purpose will be used, incorporating a range of assessment tools and techniques. Further details of the assessment centres will be provided nearer the time.
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Implications for those affected
We fully appreciate the challenging nature of this process, the anxiety and the uncertainty that may be felt by some members of staff. It is important that we provide help and support throughout this period of change, particularly to those who are directly affected.
For those who prefer not to be considered for these posts, the two corporate directors, Amanda Wadsley and Phil Staddon will be happy to discuss potential alternatives with staff where the needs of the council make this possible.
If it is not ultimately feasible to match individual aspirations with the council’s requirements, those members of staff may wish to be considered for voluntary redundancy. In this instance, the council’s Redundancy and Early Retirement policy will apply and an application in writing will be required. Applicants may of course be represented through the process if they choose to be.
Support
For anyone who is unsuccessful in securing a position in the new structure or where voluntary redundancy is agreed, outplacement support will be provided on an individual need basis. This can be discussed in more detail, as required, with Amanda Wadsley.
Timetable
The outline timetable for this part of the process, incorporating the recruitment of the Group Managers, is as follows:
Leadership team, Directorate managers, Unison + 22 nd May 2008 Managers’ Forum receive proposals
Consultation period starts 23 rd May 2008
Group Leaders 2nd June 2008
TU consultation 10 th June 2008
Employee Forum 12 th June 2008
Close of consultation 23 rd June 2008
Cabinet Briefing 25 th June 2008
Job descriptions by 27 th June 2008
Job evaluation by 4 th July 2008
O+SM 7th July 2008
OD Committee 8th July 2008 (to be confirmed)
Council meeting 24 th July 2008
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Individual letters (including advert) 25 th July 2008
All staff letter 28 th July 2008
Closing date 15 th August 2008
Assessment centres 2nd wk September 2008
Interviews – exact dates to be confirmed 3rd wk September 2008
4. How to respond
Please send your comments or questions to:
Strategy + Development Directorate
Amanda Wadsley Corporate Director of Strategy and Development Email: [email protected] Fax: 01452 396212 Internal post: Chief Executive’s office, 1 st floor North Warehouse
Regeneration Directorate
Phil Staddon Corporate Director of Regeneration Email: [email protected] Fax: 01452 396899 Internal post: 4 th floor Kimberley Warehouse
A feedback facility will also be set up for this purpose on the intranet. All comments and questions will be responded to at the end of the consultation period.
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APPENDIX 3
Extract of TU Consultation meeting minutes held on 10 th June 2008
28. CURRENT CHANGE PROJECTS UPDATE
1. Corporate Restructuring
Amanda Wadsley distributed copies of consultation document adding said that she had had a brief meeting with Ivan Hughes and Steve Meers on the day it was sent out.
In reply to questions she explained that those posts identified as being affected would be ring-fenced giving those people the opportunity to apply for the posts. The Chief Executive said that GLT would decide on who was being ring-fenced with advice from Jill Shortman. He would report back with a shorter document saying who should be included. He expected those affected would be given the choice to which level of the post, group manager or service manager, they wish to apply for.
Stephen McDonnell said that he wanted to put on record that Unison were grateful for the consultation they had before the document went out to Managers’ Forum. They were appreciative of the protections included, including salary point.
The Chief Executive said that even at the lower levels, the applicants would still need to show they had the necessary competences, but he emphasised that that the restructure was not aimed at removing large numbers of staff. However he was not prepared to say that no one would be redundant as result of the process. The relevant redeployment and redundancy and early retirement policies would apply.
Nigel Taylor-Jones said that managers were concerned that they would not have jobs at the end of the process. The Chief Executive encouraged people to discuss their concerns with their managers. The intention was to minimise stress and uncertainty.
Elaine Gordon said that Personnel had had enquiries over redundancy options.
The Chief Executive emphasised there was no restriction on employees commenting on the proposals but he believed that such comments should not be anonymous.
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APPENDIX 4
Extract of Employee Forum meeting minutes held on 12 th June 2008
1. RESTRUCTURING PROPOSALS - SECOND STAGE
The Chief Executive re-iterated that the second phase was intended to fit the Council for twenty-first century Local Government. He summarised by saying that the proposals essentially established new posts at Group Management and Service Management level. The holders of posts affected by the proposals would be ring-fenced and the operation of the ring-fence would be decided by GLT after discussion with Trade Unions.
He summarised the proposals for the Strategy and Development Directorate and Phil Staddon summarised proposals for the Regeneration Directorate.
The Chief Executive summarised the final overview of the process.
Trade Union members said that they had had input into the proposals before it went to Managers’ Forum. Their main concern centred around redundancies and the Chief Executive said that management would endeavour to be as helpful as they could. He said there was not an agenda for large-scale job losses but equally no guarantee could be made that there would be no redundancies at all. The Council’s redeployment, early retirement and redundancy policies would apply.
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