Elmbridge Borough Council

Electoral Review – Council Size Submission

to the Local Government Boundary Commission for England

Elmbridge Borough Council Civic Centre High Street Esher Surrey KT10 9SD

Any queries please contact: Ms B. Greenstein, Head of Executive & Member Services e-mail: [email protected]

INDEX

1. INTRODUCTION Page 3

2. RATIONALE FOR ELECTORAL REVIEW Page 5

3. THE BOROUGH OF ELMBRIDGE Page 12

4. POLITICAL COMPOSITION AND WARD MEMBERS Page 18

5. GOVERNANCE AND DECISION MAKING Page 19

6. SCRUTINY FUNCTION Page 28

7. MEMBER DEVELOPMENT Page 33

8. THE WORKLOAD OF COUNCILLORS Page 45

9. SUBMISSION RECOMMENDATION Page 50

APPENDICES

APPENDIX A Elmbridge Borough Council Election of Borough Councillors – 22 May 2014 Official Results of Poll

APPENDIX B Electorate Breakdown per Ward

APPENDIX C Political Composition of the Council

APPENDIX D Elmbridge Borough Council’s Formal Decision Making Structure

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APPENDIX E Responsibility for Cabinet Functions Exercised by Individual Cabinet Members as set out under Part 3 – Responsibility for Functions of the Council’s Constitution

APPENDIX F Elmbridge Borough Council Schedule of Meetings 2014/15

APPENDIX G Record of Attendance of Councillors at meetings of the Council, Cabinet, Committees, Sub-Committees etc. during the 2013/14, 2012/13, 2011/12, 2010/11 and 2009/10 Municipal Years

APPENDIX H The Council’s Senior Management Structure

APPENDIX I Scheme of Officer Delegations as set out under Part 3 – Responsibility for Functions of the Council’s Constitution

APPENDIX J List of the Outside Bodies to which the Council Appoints Nominative Representatives

APPENDIX K Members' Allowances Scheme – 2014/15

APPENDIX L Overview & Scrutiny Protocol: Ancillary Groups

APPENDIX M Overview and Scrutiny Work Programme 2014/15

APPENDIX N Minute Extracts from the Constitutional Review Member Working Group meetings held on 12 September 2013, 4 March 2014 and 10 September 2014

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1. INTRODUCTION

Elmbridge Borough Council made a formal application for an Electoral Review to be undertaken by the Local Government Boundary Commission for England within the Electoral Review Programme for 2014/15, in order to consider reducing the number of Members of the Council. This formal request was agreed at a Meeting of the Council on 10 April 2013. The related Minute extract is set out below:

‘RESOLVED that the Council’s request for an electoral review to be undertaken by the Local Government Boundary Commission for England be confirmed, in order to consider reducing the number of Members of the Council; and

(a) a formal application be made to the Local Government Boundary Commission for England for inclusion in the Electoral Review Programme for 2014/15, and that a business case be developed for submission, detailing the number of councillors that the Council considered to be appropriate;

(b) it be noted that whilst the Local Government Boundary Commission for England had not yet formalised the Electoral Review Timetable for 2014/15, should the Council be accepted within this Programme, it would be likely that any outcomes would be implemented by way of the Council elections in May 2016; and

(c) an Electoral Review Member Working Group be constituted with 7 Members (4 Conservative, 2 Residents’ Associations and 1 Liberal Democrat), in order to consider the development of the Council’s business case, for approval by the Cabinet prior to formal submission to the Local Government Boundary Commission for England.’

The Local Government Boundary Commission for England (LGBCE) has since confirmed that the Council has been formally included in its Electoral Review Programme for 2014/15.

The Council constituted a cross party Electoral Review Member Working Group in order to consider the development of the Council’s Business Case, including detailing the number of councillors that the Council considers to be appropriate, for approval by Cabinet prior to formal submission to the Boundary Commission. The Working Group was constituted with 7 Members (4 Conservative, 2 Residents’ Associations and 1 Liberal Democrat).

The Cabinet had previously suggested that a reduction in number from 60 to 48 councillors would be appropriate (Cabinet meeting held on 21 March 2012). This figure was considered to reflect the significant reduction in Council provided services as a result of changes such as the transfer of the Council’s highways responsibilities and housing stock and a reduction in the Council’s workforce over recent years. The

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Council no longer owns a supply of housing, having undertaken a stock transfer to the Elmbridge Housing Trust in 2000.

Representatives from the LGBCE met all Group Leaders and gave a presentation that was open to all Members of the Council on Monday 1 September 2014 at the Civic Centre to outline the review process and answer any questions from Members.

The Council currently has 60 councillors who represent 22 wards across the Borough (population 131,500). Each ward is represented by either two or three councillors and each councillor is elected for a four-year term of office. The Council’s current electoral cycle has elections by thirds, whereby every three out of four years, a third of councillors stand for election / re-election. The Council has taken the opportunity to consider a possible move to whole council elections, which would enable greater flexibility of ward configuration in the future. If approved, the earliest date to hold whole council elections would be May 2016. Following a public consultation on the Council’s electoral cycle, a Special Meeting of the Council was held on Monday 17 November 2014 where the motion to adopt an electoral cycle of whole council elections every four years was not carried. Accordingly, the Council will retain the current arrangements of Borough Elections by thirds.

In accordance with the Council’s resolution on 10 April 2013, this document was considered by the Cabinet on 19 November 2014 and recommended for approval to the Meeting of the Council on 3 December 2014 where, following a full debate and recorded vote of 33 votes in favour, 18 votes against and 5 abstentions, it was formally agreed as the Council’s Size Submission.

Accordingly, the Council’s Size Submission is submitted to the Local Government Boundary Commission for England for consideration.

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2. RATIONALE FOR ELECTORAL REVIEW

This submission sets out the Council’s proposal to seek a reduction in the number of Borough Councillors from 60 to 48, representing a reduction of 20%. In reaching this proposal, the following factors have been taken into account and supporting documentation is included in this submission:

 Changes to the Council’s service responsibilities

Up until the year 2000, the Council was responsible for the direct provision of housing in the Borough before the housing stock was transferred to a social landlord. The Council spent approximately £18million on maintaining the houses and running the service (and collected broadly the same in rent and Government grants). Following the transfer of its housing stock in 2000, the Council’s related service responsibilities were significantly reduced although the Council maintains housing responsibilities such as maintaining the Housing Register, homelessness and affordable housing activities. This significant change in service responsibility has occurred since the last Electoral Review in 1999.

The Council previously ran a ‘Direct Services Organisation’ for services such as refuse collection and since 1990, the refuse collection service has been externalised. In addition, the Council maintained the highways on behalf of Surrey County Council at a cost of approximately £3million (£2.5million of which was reimbursed by Surrey County Council). Since the year 2000, Surrey County Council has undertaken the provision of the Highways function. This significant change in service responsibility has occurred since the last Electoral Review in 1999.

Whilst it is recognised that there have been some additional Council responsibilities, such as alcohol, gambling and Taxi licensing, there has been an overall reduction in the Council’s workforce since the year 2000, reflecting these changes in the Council’s service responsibilities. In 1999/2000 the Council employed 401 full time equivalent (FTE) staff. In 2003/04, the number of FTE staff was 360 and has further reduced to 320 FTE as at September 2014. (All three comparator figures do not include fixed term contracts, as historic data in this regard is not available.)

The Council has sought to make the difficult decisions between competing priorities and to help mitigate the effects of cuts across the public sector whilst maintaining high quality service delivery for residents.

 The changing way in which residents access information and services

Since the last Electoral Review in 1999, the Council has invested in ‘electronic’ government to enable residents to access services of the Council through its website and to communicate with the Council effectively by email / on line. This form of access

- 5 - has dramatically increased in recent years where residents increasingly ‘self-serve’ from the website, reducing the need for individuals to approach Councillors directly. Clearly, Members continue to engage with residents in a variety of ways, including e- mail, websites, Member Web Pages and by way of social media. The Council has a shared integrated reception with Surrey County Council and Surrey Police. Telephone calls to the Authority are handled through an integrated customer contact centre, handling queries / requests directly with the customer. This makes it significantly easier for residents to access information and services than was previously the case. The Council has introduced a Members’ Express service to extend the support provided to Members of the Council. This helps to free up Councillors’ time as Members can simply refer Borough Council related casework through to the team and will receive an e-mailed response in line with established standards. The Council is looking to introduce webcasting of Council Meetings early in 2015. This will enable convenient access to meetings without the need for the wider community to travel to the Civic Centre to observe proceedings. This will again make it easier for residents to discover what decisions have been made by the Council at its formal meetings and will negate the necessity for residents to contact their Ward Member to find out this information. The Council is also investing in Council managed mobile devices for all Councillors to further support them in their work on the move.

 The Council’s Electoral Cycle

The Council currently has 60 councillors who represent 22 wards across the Borough (population 131,500). Each ward is represented by either two or three councillors and each councillor is elected for a four year term of office. Currently, Borough Elections are by thirds, whereby every three out of four years a third of councillors stand for election / re-election. The Council has considered a possible move to whole council elections whereby all seats on the Council would be elected at the same time once every four years. A public consultation was undertaken during October 2014 seeking views in this regard.

A total of 601 responses to the public consultation were received either by way of website or returned leaflet, as follows:

308 supported retaining the existing system of Borough Elections by thirds; 282 supported a change to whole council elections once every four years; and 11 responses had not indicated a preference.

In addition, a letter and two e-mails via the Council’s ‘contact us’ facility were received in response to the consultation and were included in the report to a Special Meeting of the Council, together with all the literal comments received.

The Special Meeting of the Council was held on Monday 17 November 2014 to consider the Electoral Cycle, and the results of the public consultation formed part of these discussions. The Council has taken the opportunity to consider a possible move to whole council elections, which would enable greater flexibility of ward configuration in the future. If approved, the earliest date to hold whole council elections would be May 2016. At the Special Meeting of the Council on Monday 17 November 2014, the motion

- 6 - to adopt an electoral cycle of whole council elections every four years was not carried and accordingly, the Council will retain the current arrangements of Borough Elections by thirds. In accordance with the Local Government Boundary Commission for England’s guidance that Electoral Reviews would start with a presumption in favour of delivering a uniform pattern of three Member wards where authorities had elections by thirds, this submission proposes 48 councillors, being a figure divisible by three.

 Governance, Decision Making and the Scrutiny Function

The Council has and continues to streamline the style of governance in the interests of efficiency and transparency.

Since the last Electoral Review in 1999, and following the establishment of Executive arrangements in 2001, the Council initially operated three Overview & Scrutiny Committees, namely the Community Affairs, Corporate Affairs and Environmental Affairs Overview & Scrutiny Committees. A subsequent Council review found that such an arrangement could lead to overlap in some areas of responsibility and was unwieldy. It was further found that there was not enough business to effectively sustain three separate Committees and that a single Overview & Scrutiny Committee would provide a more efficient and effective model. In 2010/11, the Council moved from three Overview & Scrutiny Committees to a single Overview & Scrutiny Committee. The Committee ensures that its level of activity is manageable through its annual work programme and regular reports from existing reviews and task groups.

The Council has considered returning to a committee system of decision-making, in replacement of the Cabinet model and taking advantage of the freedom of choice more recently offered by the Localism Act 2011. The advantages and disadvantages of both systems were considered. This included how Members viewed their contribution to the Council’s past and future successes and whether the existing or a different system of decision-making was the best way of ensuring the delivery of high-quality services to the public.

The practical experience of authorities who had made the change was examined, as well as hearing from the LGA on any common themes or issues that should be explored. A survey of all Members was conducted and the results were taken into account in the final outcome of the review. The outcome of the review was to recommend that subject to all ward councillors being consulted on relevant matters relating to their wards and all financial information relating to the Council’s Annual Budget being made available at the earliest opportunity, the Council continue to operate with the Cabinet Model Decision Making Structure. The outcome of this review was ratified at the Meeting of the Council held on 3 December 2014.

The Electoral Review Member Working Group and also the Constitutional Review Member Working Group, have recently reviewed aspects of the Authority’s governance arrangements and concluded that the current formal decision making structure was fit for purpose on the basis of 48 elected Members of the Council subject to the membership of all committees etc. being proportionately reduced, whilst ensuring compliance with legislative requirements and similarly, the Cabinet being comprised of

- 7 - a proportionately reduced number of Portfolio Holders. The Working Group considered possible alternative arrangements for planning development management, specifically in respect of alternative arrangements for the established East, North and West Area Planning Sub-Committees, however, concluded that current arrangements were fit for purpose.

Members of the Electoral Review Member Working Group considered that the size of the main committees reflects the size of the Council, rather than the need to transact its business in the most efficient and effective manner. As part of the proposal to reduce the Council’s overall size, the opportunity would be taken to also reduce the size of the Cabinet and Committees proportionately, with a view to achieving streamlined but effective governance, whilst maintaining decision making, scrutiny or regulatory roles for all councillors, together with their representational role.

Recognising the continued desire to maintain current arrangements for the three Area Planning Sub-Committees allows the opportunity for significant numbers of Members to directly engage in this important regulatory function directly affecting their local neighbourhoods, as well as other elements of the Council’s governance structure.

Further information on governance, decision making and the scrutiny function is detailed elsewhere in this submission.

It is also recognised that the Council’s streamlined performance management, ethos and processes, as recognised in the Annual Audit Letter, makes it easy for Members to engage in effective scrutiny of performance across the Authority, for example through the Performance & Finance Panel. This embedded performance culture would remain robust with fewer Councillors.

Nationally there is a trend for younger people to be less involved in local politics and to be less likely to stand as local Councillors, with only 12% of Councillors nationally under the age of 45. The Council has been active in promoting the opportunity for people to stand for election and in recent years there have been more young people elected as Councillors, and Elmbridge matches the national average of 12% of Councillors under the age of 45. Nationally, women are also under-represented in politics, making up just 31% of Councillors. At Elmbridge, 37% of councillors are female. The proportion of women on the Cabinet is also significant, and stands at 50%, and female Councillors also take on other senior and ceremonial roles. The ethnic background of Councillors is broadly consistent with the estimates for the Elmbridge area.

Whilst the Political Groups are responsible for selecting their own candidates, promotional activities have been carried out by the Council to encourage candidates from all backgrounds to stand for election, in particular stressing that such roles can be combined with caring, work and other personal commitments & responsibilities. This is supported through the length of service of Elmbridge Borough Council Members, with Councillors on average remaining on the Authority for over 8 years.

Members have concluded that the Council’s formal Decision Making Structure is fit for purpose and would continue to be robustly supported with 48 Members of the Council

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whereby there would be a proportionate reduction in the membership of the Cabinet and Committees.

 Member Development

The Council has demonstrated its commitment to Member development to support continued quality decision making and continues to support changes to further streamline working practices. This submission outlines in detail the comprehensive Member Induction, Development and Support Programme provided to 60 Councillors which is refreshed on an annual basis. The Programme has clear links to the Council’s Vision and top priorities. The Programme has been devised to equip Councillors with the necessary skills, to provide political leadership toward achieving the Council’s top priorities and taking the organisation forward towards our Vision. The well-established Member Development Programme supports strong governance and quality decision making. This supports capability and capacity within the governance structure to effectively discharge the Council’s responsibilities with a reduced number of elected Members of the Council. The Council has received external validation of its approach to Member Induction, Development and Support Programme through successive accreditation under the National Charter for Elected Member Development.

 The workload of Councillors

As part of the Independent Remuneration Panel’s work in undertaking regular reviews of Members’ Remuneration, Members have been surveyed over the last five years as to the amount of time spent during a week on Council business. Details of this analysis and trends are set out elsewhere in this document. Whilst response rates and engagement to the surveys has been relatively low and therefore not a wholly representative sample, trends in average hours spent on Council business has been collected. All Members were given the opportunity to respond which suggests that the majority choosing not to respond did not have a particular issue to express.

Surveys of retiring councillors show that the level of workload is manageable and meets their expectations. Councillors on average remain with the Authority for over two terms of office, giving an indication again that the roles and responsibilities of a Borough Council can be balanced with both home and work commitments.

The Council is also investing by way of its Brilliant Customer Services Every Time project, in the way in which it provides services to its local communities. There is a continuing move to channel shift services to self-service via the Council’s website. The project also extends to the support provided to Members of the Council, with the Members Express Casework service now being operational. This helps to free up Councillors’ time as Members refer Borough Council related casework through to the team and will receive an e-mailed response in line with established standards.

The Council is currently undertaking an electronic transformation project to support councillors with their work ‘on the move’. Members are being provided with a Council

- 9 - managed mobile device (ipads) which will enable them to access e-mails and committee papers whilst out and about. The Cabinet and ICT Member Reference Group acted as the pilot for arrangements during November 2014 and it is anticipated that full roll out to all Members and relevant support Officers will be in place by May 2015. This is a further example of streamlining effective arrangements / management of casework by exploiting available technology.

 Council’s Vision and External Accreditation

The Council has a clear five year Vision, until 2018, of where it wants to be and is clear about its ambition. Annually it reviews its Top Priorities to check that they are fit for purpose and our residents are consulted on the priorities on a regular basis.

Our Five Year Vision (2013-2018):

‘A confident and cohesive community with a thriving local economy and cherished environment served by quality public services delivered cost effectively.’

Our top priorities for 2014-15 (with flagship activities to meet each of these commitments over the coming year):

 A safe, caring and healthy Elmbridge e.g. Support 60 families through the Family support programme, launch a new Dial a Vehicle Service for wheelchair users and their carers, support the delivery of at least 65 affordable homes and bring a minimum of 50 empty properties back into use.

 A vibrant and thriving Elmbridge e.g. Organise an Elmbridge Food Festival, allocate 55 grants to local businesses through the Elmbridge Civic Improvement Fund, allocate more than £100,000 to community infrastructure projects.

 A unique, green and attractive Elmbridge e.g. Commence construction on a Sports Hub at Waterside Drive, Launch a new museum service to the wider community, commemorate the centenary of the start of World War I by undertaking a programme of community poppy planting and ensuring local war memorials look their best.

In terms of external accreditation, the Council was assessed as ‘Excellent’ the highest category by the Government’s Comprehensive Performance Assessment Regime. The Council continues to be progressive, innovative and drive up performance, delivering cost effective, quality services to the community it serves. The Council is one of only a small number of local authorities to have achieved Council-wide accreditation for Customer Services Excellence. This sits alongside Investors in People, Gold and Champion accreditation, achieved and re-accredited three times.

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 Benchmarking with Other Surrey Districts

In terms of the number of councillors, electorate and electoral cycles in other Surrey Districts, the following table demonstrates that Elmbridge has the highest number of Councillors, even when compared against authorities with a larger population and electorate.

Council Electorate Electorate Per Number of Type of Borough Councillor Councillors Election Guildford 106,406 2,217 48 Every 4 Years Reigate & Banstead 103,449 2,028 51 By Thirds Elmbridge 98,048 1,634 60 By Thirds Waverley 94,840 1,664 57 Every 4 Years Spelthorne 75,580 1,938 39 Every 4 Years Woking 73,901 2,053 36 By Thirds Mole Valley 68,000 1,659 41 By Thirds Surrey Heath 66,139 1,653 40 Every 4 Years Runnymede 63,654 1,516 42 By Thirds Tandridge 60,186 1,433 42 By Thirds Epsom & Ewell 58,000 1,526 38 Every 4 Years

It is understood that Woking Borough Council is currently in the process of an Electoral Review to reduce the number of councillors.

It is considered that a 20% reduction in the number of Members from 60 to 48, would broadly result in a total number of Members comparable with other Surrey authorities. In exploring other alternatives of total numbers divisible by three, it is considered that the necessary changes to be put in place to achieve a reduction in the total number of Members to either 51 or higher would not add value to the review. Members have discussed a reduction of more than 20%, however felt that this would be out of line with other Surrey Districts, given electorate and population figures. The Council considers that a reduction in the Council size by twelve would achieve the aims of the review whilst continuing to robustly support its ability to deliver services and would not adversely affect the needs of constituents in terms of engagement.

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3. THE BOROUGH OF ELMBRIDGE

Elmbridge Borough Council was formed on 1 April 1974 under the Local Government Act 1972, following local government reorganisation and the effective merger of Esher Urban District and Walton & Weybridge Urban District Councils.

Elmbridge is located 17 miles South West of central London in North Surrey, on the edge of London’s Green Belt and the Surrey Countryside, covering an area of over 23,800 acres. There are 1,300 acres of commons, 2160 acres of woodland and 23 conservation areas, with 13,566 acres (57%) of the Borough covered by Green Belt land. The Borough of Elmbridge is a sought after location in which to live, largely because of its close proximity to central London, Heathrow and Gatwick airports, the M3, M25, M23 and the A3. It is bordered by the River Thames to the North, River Wey to the West and the Royal Borough of Kingston upon Thames to the East. London Waterloo is only 30 minutes by main line rail.

The Borough has 5 main towns: Cobham, Esher, Molesey, Walton-on-Thames and Weybridge. These are interspersed with the 8 villages and communities of Claygate, Hersham, Hinchley Wood, Long Ditton, Thames Ditton, Oatlands, Oxshott and Stoke D’Abernon, which are all distinctive in character.

The Borough recognises these towns and villages as distinct communities whereby services are delivered taking account of the communities, for example, provision of Centres at Claygate, Cobham, Hersham, Molesey, Thames Ditton, Walton-on-Thames and Weybridge. Members strongly associate with the distinct communities of the Borough in the context of the guidance produced by the Commission.

Whilst social, environmental and economic characteristics result in a high quality of life and opportunities for many of the Borough’s residents, there are still many challenges to be addressed. Consultation and research suggests that the main issues are:

 The potential conflict between the demand for housing and associated amenities and the pressure this places on the Borough's distinctive and attractive character;  Good life expectancy resulting in an ageing population;  High property prices and a shortage of building land which means that many people cannot afford to live in the Borough;  A need for additional attractive and relevant services for young people (who account for one in four of residents);  Fear of crime is disproportionate to actual levels of crime, which are low;  Despite the general wealth of the Borough, there are pockets of need where people feel isolated and excluded from services; and  Traffic congestion means people find it difficult to get to work, there are increased risks of injuries, higher pollution and costs to businesses.

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Map of Elmbridge Ward Boundaries

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Borough Statistics

Population facts and figures

Total Population 131,500 Total Households 55,969 ** Elmbridge Council Tax data, 1 April 2013 52,922 (Source: Census 2011) Average Household Size 2.4 persons Area 9,506 hectares Average Population Density 13.8 persons per hectare Total Electorate Circa 98,000

Elmbridge has the third largest population among Surrey Districts In population terms, the Borough is larger than cities such as Cambridge, Lincoln and Worcester. (Source: Census 2011)

Population change

Elmbridge has experienced a 6.9% population increase since the 2001 census.

Gender Breakdown

Males 63,462 48.3% Females 67,413 51.7%

Age Structure

Under 5 9,358 7.2% 5-14 16,954 13% 15-24 12,264 9.4% 25-44 35,643 27.2% 45-64 35,138 26.9% 65-74 10,540 8.1% 75+ 10,978 8.4%

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Ethnicity and Birthplace

Ethnic Group (Summarised %)

Mixed/multiple ethnic groups 2.6 Indian 1.9 Pakistani 0.4 All Black/African/Caribbean/Black British 0.8 other Asian group 3.1 other ethnic group 1 all other White 10.4 % White: British 79.9 0 10 20 30 40 50 60 70 80 90

17.2% of Elmbridge residents were born outside the UK and Ireland, compared to 13.4% on average for Surrey. 6.6% of Elmbridge residents do not speak English as their main language.

Household Tenure

Owner Occupied, Shared Ownership & Privately 47,059 88.9% Rented Rented from Registered Social Landlord 5,218 9.8% Persons resident in rent free accommodation 645 1.3%

(Source: Census 2011)

Car Ownership and Transport

Households with no car 6,227 11.8% Households with 2 or more cars 24,276 45.9% Total cars 79,501

How residents travel to work

5% 1% 3% 2% Car/van/motorcycle Mainly work from home 21% Train/underground Bus 52% Cycle Foot Other

16%

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Employment

Population aged 16-64 50,500 Economically Active 68,200 Males in employment 37,600 Females in employment 28,900 Total 66,500 (nomisweb 2011)

The Boroughs’ employment rate (77.7%) is slightly higher than Surrey (76.8%) and significantly higher than the South East (74.8%) and England (72.4%). This is driven by a very high level of male employment (87.2%), which is over 10 percentage points higher than the national figure.

78.7% of workers in Elmbridge work full time, and 21.3% work part time.

Skills and Earnings

Elmbridge has a highly qualified population with over half (52.5%) of 16-64 year old residents educated to at least NVQ level 4 in comparison to England as a whole which is just 34.2%

Resident earnings are some of the highest in England at £695 gross a week. This approximately 34% higher than the equivalent figure for England (£521).

Health and Caring responsibilities

5.1% of Elmbridge’s population report that their day to day activities are limited a lot by poor health, compared to 8.3% of the population of England.

8.9% of Elmbridge’s population provide unpaid care to a friend, family member or other person.

Budget

The Council has a net budget of £17m for the year 2014/15. Over the last 6 years, the organisation has achieved a total of £8.4m budgetary savings with minimal impact to service provision.

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About Our Community

131,500* people live in Elmbridge. Of those, 63,500 (48.3%) are male and 68,000 (51.7%) are female*. There are 55,969 households in Elmbridge**.

How Elmbridge compares to the rest of England

Elmbridge England Individuals with no 13.2% 22.5% qualifications Individuals with higher 43.9% 27.4% level qualifications Individuals whose day to 5.1% 8.3% day activities are limited “a lot” by poor health Residents born in the UK 81.7% 86.2% Households where no-one 3.4% 4.4% speaks English as a main language Households who own 73% 63.4% their own house (with or without a mortgage) Households living in 9.8% 17.7% socially rented accommodation Households living in 15.1% 16.8% privately rented accommodation Average house sale price £651,062 £242,415 (UK) April-June 2013*** Number of homeless 34 56,210 households in temporary accommodation as at 30 September 2013**** Households who do not 11.8% 25.8% have access to a car or van Residents who are 3.9% 7.8% unemployed***** Residents aged over 65* 17.1% 16.9% Residents aged over 75* 8.5% 7.8% Residents aged under 20* 26% 23.8%

All figures are taken from the 2011 Census, unless marked: * ONS updated population estimate 2012,** Elmbridge Council Tax data, 1 April 2013 *** Land Registry, 2013 **** Elmbridge Borough Council data and “Homeless households in temporary accommodation” (December 2013) available on www.parliament.uk *****Regional Labour Market Indicators June 2013 For more information on the census and other local statistics visit www.surreyi.gov.uk

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4. POLITICAL COMPOSITION AND WARD MEMBERS

The Council’s Political Composition

The political composition of the Council for the Municipal Year 2014/15 is as follows:

Conservative Group - 32 Residents Group - 19 Liberal Democrats Group - 6 Hinchley Wood Residents Association Group - 2 Ungrouped Member - 1 Total 60 Members

Forthcoming Elections

The next Borough elections will be held in May 2015.

UK Parliamentary (general) elections are held every five years. The next General Election will be held in 2015.

Elections for Surrey County Councillors take place in years when there are no scheduled elections for Elmbridge Councillors. The next County Council elections will be held in May 2017.

There is one Parish Council in the Borough, Claygate Parish Council. The next Parish Council election is 2015.

Elections for Members of the European Parliament (MEPs) take place every five years. The next European Parliamentary Elections will be held in May 2019.

Political Composition of the Council

Attached at Appendix ‘A’ is the Results of Poll of the Borough Elections on 22 May 2014.

Attached at Appendix ‘B’ is the electorate breakdown per Ward.

Attached at Appendix ‘C’ is the political composition of the Council over the past ten years.

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5. GOVERNANCE AND DECISION MAKING

‘The Commission aims to ensure that Councils have the right number of councillors to take decisions and manage their business in an effective way. We therefore look at how decisions are taken across the Authority to access the volume and distribution of responsibility amongst elected members and staff.’ The LGBCE Technical Guidance July 2012.

Elmbridge Borough Council Governance

Elmbridge is a two tier authority area, which means that Surrey County Council provides some of the services received by the Borough’s residents. At a Borough level, Elmbridge Borough Council has 60 elected Councillors and 22 Wards, with each Ward represented by three or two Members. Elections to the Borough are held in three out of every four years, with one third of the 60 seats on the Council being elected at each Borough Election. Councillors are democratically accountable to residents of their ward. The overriding duty of Councillors is to the whole community, but they have a special duty to their constituents, including those who did not necessarily vote for them. Councillors have agreed and follow a Code of Conduct to ensure high standards in the way they undertake their duties. Under its Terms of Reference, the Audit and Standards Committee has responsibility for the oversight of the Code of Conduct.

The political make-up of the Council is:

Conservative 32 seats Residents’ Association 19 seats Liberal Democrat 6 seats Hinchley Wood Residents’ Association 2 seats Ungrouped 1 seat

The Council has in place Member role descriptions, specifically for the Leader of the Council; Portfolio Holders; Committee Chairmen and Members of the Council.

Members are supported by a comprehensive Induction, Development and support Programme which is detailed elsewhere in this document.

The Council

The Council, comprising all 60 Members and Chaired by the Mayor, meets on a regular basis (normally 6 times a year) and sets the overall Budget and the Authority’s Policy Framework. Decision-making related to the implementation of the Budget and Policy Framework is devolved to the Cabinet.

The Annual Council Meeting, at the start of the Municipal Year, is devoted largely to appointing the Mayor and Deputy Mayor and to agreeing sizes and allocations of seats on Committees etc.

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The Leader and Cabinet

The Local Government Act 2000 (as amended) sets out specific arrangements relating to the office of Leader of the Council. In October 2010, and after the last Electoral Review in 1999, the Council resolved to adopt the Strong Leader model with effect from the 2011/12 Municipal Year. The term of office of the Leader ends on the day the Council holds its first annual meeting after the Leader’s normal day of retirement from their term of office as a Councillor (i.e. normally after 4 years’ service) unless he / she:

 is removed from office or resigns;  ceases to be a Councillor; or  is disqualified from being a Councillor; before that day.

Under the Strong Leader model, the Leader:

 appoints the Deputy Leader of the Council;  determines the size of and appoints between 2 and 9 Members of the Council to the Cabinet in addition to himself / herself;  allocates areas of responsibility (Portfolio Holder remits) to Members appointed to the Cabinet; and  may remove Members from and appoint replacements to the Cabinet at any time.

The purpose of a Cabinet is to produce more accountable and streamlined policy development & decision-making and the Cabinet is responsible for taking most of the day- to-day Member level decisions. There is a Cabinet of 10 Councillors with a mixture of service orientated and cross-cutting portfolios.

The Leader of the Council has indicated his desire to streamline the Cabinet in the event of a reduction in the overall number of Members.

When major issues are to be discussed or major decisions, including Key Decisions, are to be made, these are published in the Forward Plan. Key Decisions are decisions which will involve significant expenditure or savings or will have a substantial impact on all or significant parts of the Borough. If these major issues and decisions are to be discussed with Council Officers at a meeting of the Cabinet, this will generally be open for the public to attend except where exempt or confidential matters are being discussed. The Cabinet makes decisions that are in line with the Council’s overall policies and budget. If the Cabinet wishes to make a decision that is outside the Budget or Policy Framework, this must be referred to the Council for decision.

Whilst the Council has adopted the Stronger Leader Model, it has operated an approach whereby the Cabinet has established a number of Task Groups, accountable directly to the Cabinet, engaging wider, cross party Member input to projects, such as the Elmbridge Museum Task Group looking at the future of the Borough’s Museum service.

A copy of the Council’s Formal Decision Making structure is attached at Appendix ‘D’.

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Individual Cabinet Member Decision Making

The Local Government Act 2000 enables Councils to delegate certain decisions to individual Members. The legislation sought to improve the transparency of the decision-making process and support the role of the Cabinet. Individual Cabinet Members may make decisions if the nature of the decision falls within the requirements specified in the Individual Cabinet Member Decision Making Protocol, as set out in the Council’s Constitution. In order to preserve transparency and accountability in the individual Member decision-making process, the same procedures must be followed in terms of preparing a report and the level of information within it as with a decision by the Cabinet itself.

The effective operation of the Individual Cabinet Member Decision Making arrangements enables business to be handled efficiently and in a timely way. The distribution of business between Cabinet and Individual Cabinet Member Decision Making delegations is well established and has been in effective operation since 2000.

The responsibility for Cabinet functions exercised by Individual Cabinet Members, as set out under Part 3 – Responsibility for Functions of the Council’s Constitution, is attached at Appendix ‘E‘.

Overview and Scrutiny

The Overview and Scrutiny Committee has a role in policy development by gathering evidence and evaluating the effectiveness of different policy options. The Committee also has powers to review and/or scrutinise decisions made or actions taken in connection with the discharge of any of the Council’s functions and to make reports and/or recommendations to the Council and/or the Cabinet in connection with the discharge of any functions.

The Overview and Scrutiny Committee may exercise the right to call-in, for reconsideration, decisions made but not yet implemented by the Cabinet under the Call-In Procedure that is set out in the Council’s Constitution. In this context, it is important to recognise that there should be an appropriate balance between effectively holding the Cabinet to account, being able to question decisions before they are implemented and allowing effective and efficient decision-making by the Cabinet within the policy framework and budget agreed by the Council.

The operation of Overview and Scrutiny at Elmbridge has been reviewed to ensure it is fit for purpose going forward. Whilst the operation of the Overview and Scrutiny function is detailed elsewhere in this document, the ethos is to ensure effective engagement of Members whilst enabling efficient, manageable and timely scrutiny of decisions together with an overview of Council and partner operations.

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Regulatory Functions

The Local Government Act 2000 requires that regulatory functions e.g. development management and licensing decisions be delegated from the Council to separate decision- making Committees. The Council has constituted the East, North and West Area Planning Sub-Committees and the Licensing Sub-Committee (drawn from the Licensing Committee Members), which report to the Planning and Licensing Committees respectively, to undertake the regulatory function.

Community Infrastructure Levy (CIL) Boards

The Council has recently established Local Spending Boards to disburse Community Infrastructure Levy funds to local communities. Eight CIL Boards have been established to reflect the local community identities. The CIL Boards meet to allocate CIL funding to local projects in the community. The Boards comprise the relevant Ward Members and they provide a tangible and direct way for elected Members to engage with their communities.

How the Decision Making Structure is Appointed

Proportionality

The Local Government (Committees and Political Groups) Regulations 1990 lay down rules as to how seats must be allocated between the different political groups on Committees and Sub-Committees of the Council.

With the exception of the Area Planning Sub-Committees where different rules apply, seats on Committees are allocated between the political groups represented on the Council, in the same proportion as the Groups are represented on the Council as a whole.

With regard to the Area Planning Sub-Committees, seats are allocated between political groups in the same proportion as the Groups are represented in the area of the Borough covered by that Sub-Committee.

Whilst there is ample opportunity for Members to engage in this important regulatory role, the structural arrangements ensure even distribution of responsibilities across the three areas and allows for proportionate engagement of Members from across the Wards of the Borough.

Cabinet / Committee / Sub-Committee Membership

Set out below is the membership of the Cabinet, Committees and Sub-Committees for the Municipal Year 2014/15.

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Elmbridge Borough Council – Cabinet / Committee Membership 2014/15

Cabinet

Leader: John O’Reilly Portfolio Holder: Community Development Christine Cross Portfolio Holder: Corporate Development Ruth Mitchell Portfolio Holder: Environment Glenn Dearlove Portfolio Holder: Highways and Transport Dorothy Mitchell Portfolio Holder: Housing James Browne Portfolio Holder: Leisure and Culture Mary Sheldon Portfolio Holder: Regulatory Affairs Andrew Kelly Portfolio Holder: Resources Tim Oliver Portfolio Holder: Social Affairs Christine Elmer

East Area North Area West Area Planning Committee Planning Planning Planning Sub-Committee Sub-Committee Sub-Committee David Archer Stuart Hawkins (VC) David Archer Ruby Ahmed Lewis Brown Ruth Bruce Alan Hopkins Tricia W. Bland Steve Bax Barry Cheyne (C) Barry Cheyne (C) Shweta Kapadia Alex Coomes Nigel Cooper Andrew Davis Christine Cross Alan Kopitko Elise Dünweber Christine Cross Simon Foale Andrew Davis Neil Luxton Geoff Herbert Roy Green Ramon Gray Vic Eldridge Dorothy Mitchell Toni Izard Stuart Hawkins (VC) Tim Grey Chris Elmer John O’Reilly Shweta Kapadia (C) Alan Hopkins Peter Harman Jan Fuller Karen Randolph Karen Randolph (VC) Alan Kopitko Richard Knight Roy Green Mary Sheldon Tannia Shipley John O’Reilly Dorothy Mitchell (VC) Tim Grey Janet Turner Janet Turner Chris Sadler (C) Peter Harman Simon Waugh Simon Waugh Mary Sheldon

Overview & Disciplinary Disciplinary Audit & Standards Licensing Scrutiny Appeals Investigatory Committee Committee Committee Sub-Committee Sub-Committee Mike Axton Alex Coomes (VC) David Archer (VC) Geoff Herbert Barry Cheyne Steve Bax Ian Donaldson Barry Cheyne Alan Hopkins Nigel Cooper Lewis Brown Tim Grey Alex Coomes Alan Kopitko Chris Elmer Barry Cheyne Nigel Haig-Brown Elizabeth Cooper Ruth Lyon Mary Marshall Chris Elmer (VC) Stuart Selleck Nigel Cooper Mary Marshall Stuart Selleck Brian Fairclough Simon Waugh (C) Barbara Cowin John O’Reilly James Vickers Simon Foale Andrew Davis Nigel Haig-Brown Other Members: Ian Donaldson (C) Appointments Mr. S. Hassel Sub-Committee Geoff Herbert Brian Fairclough (Independent Member) Alan Hopkins (C) Andrew Kelly Mike Bennison Toni Izard Mr. C. Johnson Richard Knight Andrew Davis (Independent Member) Rachael I. Lake Alan Palmer Tim Oliver Ruth Lyon Mr. T. Price Liz Robertson John O’Reilly (C) (Independent Member) Mary Marshall Mary Sheldon Karen Randolph Chris Sadler G. Herbert James Vickers Chris Sadler (Claygate Parish Councillor) Lorraine Samuels John Sheldon M. Sugden (C) Chairman (Claygate Parish Councillor) (VC) Vice Chairman

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Taking account of the number of seats of the Cabinet, Committees and Sub- Committees set out above, the following chart demonstrates indicative seats based on a 20% reduction of the Cabinet and Committees / Sub-Committees of over six seats. (The current Committees /Sub-Committees of six seats have been excluded from this calculation, to have regard to political proportionality requirements.)

Potential No. of Seats Current No. based on 20% of Seats reduction Cabinet 10 8

Committees / Sub-Committees 109 93 *

(* 6 seater Committees / Sub-Committees unchanged however may vary according to proportionality Regulations)

In the past there has been some concern expressed by some Members, through the Former Member Exit Surveys, as to the lack of opportunity to engage in the established governance arrangements. This further supports the Council’s proposal to reduce the Council size as there would be sufficient capacity and opportunity for 48 Members to actively engage in the formal decision making structure going forward.

Mayor

The Mayor is elected each year at the Annual Meeting of the Council. The role of the Mayor is to represent the Council in the local community as the Borough’s ‘First Citizen’.

The Mayor adopts a non-political role, with key roles and duties including:

- Chairman of full Meetings of the Council; - representing the Council at Civic events such as the Civic Service, Civic Reception etc.; - opening / attending functions, events, new businesses as the Council’s representative; - leading some fundraising events in aid of the Mayor’s Chosen Charity.

The Mayor is invited to attend numerous events across the Borough, acting as ambassador and representing the Borough. The duties range from the Mayor being in attendance at an event, to a more proactive role in speech making and presenting awards.

Schedule of Meetings

The Council agrees the Schedule of Meetings for each Municipal Year. Meetings are held at the Civic Centre, usually commencing at 7.45 p.m. with Cabinet and Audit & Standards Committee meetings commencing at 7.00 p.m. The Schedule of Meetings is publicised as widely as possible to encourage members of the public to attend, although, on occasions they may be excluded if confidential or exempt information is to be discussed. The formulation of the schedule takes account of the Multi Faith Calendar as far as possible to be inclusive for Members, Officers and the public.

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The Schedule of Meetings, as well as committee agendas and minutes, are available to Members and Officers (via the Council’s Intranet) and to the public (via the Council’s Website), to view and download, taking account of restricted access permissions to ‘Part II’ items.

Please note a copy of the Council’s Schedule of Meetings for 2014/15 can be found at Appendix ‘F’.

It is interesting to note that the total number of scheduled formal decision making Council / Committee / Sub-Committee meetings in 2000/01 (prior to the implementation of the Executive arrangements) was 154, when compared with a total figure of 91 meetings (which includes 13 Individual Cabinet Member Decision Making) for 2013/14, being the most recent complete year.

Meetings are cancelled in liaison with the Chairman in the event of lack of business. For example, the following sets out the number of scheduled and cancelled ordinary Licensing Committee meetings due to lack of formal business over the last five year period:

2009/10 – 5 Licensing Committees were scheduled and took place 2010/11 – 5 Licensing Committees were scheduled and 2 (40%) were cancelled 2011/12 – 5 Licensing Committees were scheduled and 2 (40%) were cancelled 2012/13 – 5 Licensing Committees were scheduled and took place 2013/14 – 5 Licensing Committees were scheduled and 3 (60%) were cancelled.

Record of Attendance

A record of each Member’s attendance at Committee / Council meetings throughout the year is prepared and considered by Members on an annual basis. Attendance at the following formal meetings are reflected in the attendance record reported to the Annual Meeting of the Council:

Cabinet; Audit and Standards Committee; Licensing Committee; Overview & Scrutiny Committee; Planning Committee; Licensing Sub-Committee; Area Planning Sub- Committees; Appointments Sub-Committee; and Local Plan Working Group.

It should be noted that the record of attendance does not reflect the full range of meetings and duties undertaken by Members, although Members have recently agreed to extend the record of attendance figures to include a range of working groups. The attendance record will continue to incorporate full substitution details. Examples of other duties undertaken but not reflected in the record of attendance are Cabinet Portfolio Holder responsibilities, Mayoral activities and casework.

Attendance records in respect of the last five years are attached at Appendix ‘G’. This demonstrates the variance of different Members in both opportunity and engagement in the Council’s formal meetings.

The volume and distribution of attendance at meetings suggests that there is the opportunity to reduce the number of Members without adversely affecting engagement in the decision making and scrutiny processes.

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Substitution

The Council has in place well utilised substitution arrangements across the Political Groups, so a Member of a Group unable to attend a Committee of which they are a member, for example an Overview & Scrutiny Committee, can nominate a substitute Member with full voting powers, to attend in their place, thereby ensuring effective representation.

Officers of the Council

The Chief Executive; Strategic Director and Deputy Chief Executive and Strategic Director form the Council Management Board.

The Council Management Board’s aims and objectives are:

 to advise and assist the Council in the formulation of its policies;  to have overall responsibility for the efficient and effective implementation of the Council’s policies and management of its business;  to ensure the effective corporate working of the Council;  to be the Council’s principal representative and negotiator with all external bodies.

The Senior Officer Management Structure is attached at Appendix ‘H’.

As part of the preparation for the Annual Governance Statement, an Annual Assurance Statement is provided annually by all Heads of Service, detailing their assessment of their services. In this, they give assurance that risks have been identified, that sound business arrangements operate in their service areas and that the service is subject to monitoring and review in order to assess performance. The Council, through its budgetary monitoring and control processes, ensures that financial resources are being used to best advantage, via regular management reporting to the Corporate Management Board and Members.

Financial planning is underpinned by service planning, with increased expenditure in any service area being justified to the Corporate Management Board, and where necessary approved by the Cabinet. The service planning process underpins continuous improvement with clear links to the Council’s Vision and top priorities.

Officer Delegation

The Council’s Head of Legal Services undertakes regular reviews of the Council’s Constitution, including Delegated Authority to Officers. The Scheme of Delegation is attached at Appendix ‘I’.

Outside Bodies

The Council appoints elected Members and community representatives to a wide range of outside bodies. A list of the outside bodies is attached at Appendix ‘J’.

The workload associated with an appointment varies, depending on the number of meetings; associated activities together with expected time commitment and any

- 26 - reporting back arrangements. This information is identified when an appointment is sought so expectations are well understood from the outset.

Members’ Allowances

The Council has in place its Members’ Allowances Scheme which is reviewed regularly by an Independent Remuneration Panel. The allowance payable varies according to the roles and responsibilities of each Member.

Full details of the Members’ Allowances Scheme are attached at Appendix ’K’. Taking account of the current Basic Allowance of £4,309, the cost for 60 Members of the Council is £258,540. The cost of this Basic Allowance for 48 Members would be £206,832, delivering a saving of £51,705. There are other Special Responsibility Allowances, such as Portfolio Holder Allowance (currently £6,000) which would deliver further savings to the Council with a reduced number of Members.

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6. SCRUTINY FUNCTION

‘Every Council has mechanisms to scrutinise the executive functions of the Council and other local bodies. They also have significant discretion over the kind (and extent) of activities involved in that process. In considering Council size, the Commission will want to satisfy itself that these responsibilities can be administered in a convenient and effective way through the number of Councillors it recommends.’ The LGBCE Technical Guidance July 2012.

Legislative Context

The concept of overview and scrutiny was introduced by the Local Government Act 2000, and, in line with arrangements for national government, it created a distinction between the Cabinet’s role in proposing and implementing policies, and the role of non-executive Councillors in reviewing policy and scrutinising decisions of the Cabinet. Since 2002 it has been a statutory requirement for every local authority operating executive arrangements to include provision for at least one Overview and Scrutiny Committee within its political management arrangements to carry out this role.

The power to scrutinise was also extended beyond the direct remit of the local authority, to any matter that affects the area or inhabitants of that area. The Health and Social Care Act 2001 took this further by introducing statutory powers for Councillors to scrutinise local health services. For Elmbridge, this power lies with Surrey County Council. Powers were further expanded by the Police and Justice Act 2006, which provided powers to scrutinise the work of Community Safety Partnerships.

The Local Government and Public Involvement in Health Act 2007 gave more powers to local government to scrutinise other partner organisations, including bodies such as the Environment Agency. It also brings in other provisions that affect how scrutiny committees work, including powers over the creation of joint committees, and powers to resolve local problems through the Councillor Call for Action.

The Localism Act 2011 consolidates the content of the Local Government Act 2000, Local Government Act 2003, Local Government and Public Involvement in Health Act 2007 and Local Democracy, Economic Development and Construction Act 2009. It involves some minor amendments, particularly in the powers of district councils and the role of scrutiny as regards local partners.

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The Role for Overview and Scrutiny

Within the national legislation and guidance there is a great deal of scope to tailor overview and scrutiny according to local requirements. The Centre for Public Scrutiny developed ‘Four Key Principles of Good Overview and Scrutiny’ to guide detailed practical arrangements.

1. To provide a ‘critical friend’ challenge . Impact on the work of the Cabinet . Provide an effective challenge to the Cabinet . Challenge the Council’s corporate strategy and budget . Involve external partners in scrutiny . Work effectively with the Cabinet and senior managers

2. To reflect the voice and concerns of the public and its communities . Undertake work informed by the public . Be accessible to the public . Communicate work and outcomes internally and externally

3. To take the lead and own the scrutiny process . Operate with political impartiality . Have ownership of own work programme . Give Members a worthwhile and fulfilling role . Have a constructive working relationship with Officers supporting overview and scrutiny

4. To make an impact on service delivery . Co-ordinate and integrate the work programme with corporate processes . Contribute to organisational and service improvements . Manage information required by overview and scrutiny well.

Based on these four principles, a number of key functions have emerged that make up the core business of overview and scrutiny:

. Holding the Cabinet to account by scrutinising policy options and decisions before they are taken; ‘calling-in’ decisions made by the Cabinet but not yet implemented; and reviewing decisions made by the Cabinet, past performance and events.

. Monitoring Council performance by scrutinising past performance and contributing to performance improvement and monitoring the implementation of Council strategies and policies.

. Reviewing policy including Council strategies, policies and service delivery, in- depth reviews of specific areas of concern and recommending potential improvements.

. Developing policy, by raising awareness of emerging issues, exploring various policy options, consulting with key stakeholders, evaluating potential solutions and contributing to debate.

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. Scrutinising externally issues of local public concern beyond the direct remit of the Council.

The Overview and Scrutiny Committee is not a formal decision-making body and contributes to the Council’s decision-making process by scrutinising the actions of those taking decisions and, as a result of their work, making recommendations for improvement. The power of overview and scrutiny lies in raising awareness of emerging and important issues and placing influence on the Council and, where appropriate, external organisations to take action in a certain way. This leads to better decision making and policy making as well as community engagement.

Overview and Scrutiny at Elmbridge

The Council operates a single Overview and Scrutiny Committee supported by a number of ancillary groups. The three types of ancillary group that can be established by the Overview and Scrutiny Committee are: time-limited task and finish groups; standing panels; and working groups. The Overview and Scrutiny Protocol on Ancillary Groups provides further information as attached at Appendix ‘L’.

At each Overview & Scrutiny Committee, a particular Portfolio Holder is invited to discuss their area of responsibility and answer questions from Members of the Committee, relating to such areas as performance management and community engagement.

The membership of the Committee must be politically proportional and cannot include any members of the Cabinet. Best practice guidance suggests that Councillors sitting on the Audit and Standards Committee should not also sit on an Overview and Scrutiny Committee. No Councillor can be involved in scrutinising a decision that they have been involved in making. The Overview & Scrutiny Committee at Elmbridge is constituted with a membership of 17 Members (9 Conservative, 5 Residents Association, 2 Liberal Democrats and 1 Hinchley Wood Residents’ Association). The Committee is Chaired by an Opposition Member.

Meetings of the Overview and Scrutiny Committee are held a minimum of 8 times a year and scheduled in advance for the whole Municipal Year. Special meetings can be called to consider a specific item where necessary.

Meetings are held in public (although the public may be excluded on occasions when specific confidential or exempt items are discussed), and there are specific rights of access to information. The Committee can require the attendance of Councillors and Officers at a meeting, and although they can invite other external individuals/ organisations to attend they cannot be compelled to come.

Developing work programmes

The Overview and Scrutiny Committee is responsible for setting its own work programme, and aims to develop an intended work programme for the next 12 months at the first meeting of the Municipal Year. Flexibility is retained within the work programme to add/delete/amend items as necessary as the year progresses. There is a report updating on the Committee’s work programme on the agenda of every

- 30 - scheduled Committee meeting, and this is the opportunity for any Member to suggest an item to go on the agenda and discuss the work programme. Requests can also be made to the Chairman or Vice-Chairman and/or the Policy Manager. Any Councillor can give notice that they wish an item to be included on the agenda for the next available meeting of the Committee. The Committee ensures that its level of activity is manageable through its annual work programme and regular reports from existing reviews and task groups. Any proposals for new reviews are scrutinised carefully by the Committee to ensure that adequate resources are available and that the potential outcomes of such reviews justify the resource and time necessary. The Committee has not been in a position where its work programme has adversely affected its ability to undertake the scrutiny process to function effectively.

The Work Programme of the Overview and Scrutiny Committee for 2014/15 is attached at Appendix ‘M’.

Call In Procedure

Members can ‘call-in’ decisions that have been made by the Cabinet, or Individual Cabinet Members, but not yet implemented. Details of the requirements and procedures for a ‘call-in’ are contained within the Council’s Constitution.

Elmbridge has a well-established, constructive working relationship between the Cabinet and Overview & Scrutiny Committee. The ‘call-in’ procedure has traditionally been utilised in a measured but effective way for often highly contentious matters. It is understood that unnecessary overuse of this mechanism could frustrate the effective working of the Council as a whole for the community it serves. Indeed the Cabinet have made Constitutional provision for the Chairman of the Overview & Scrutiny Committee to have opportunities to address the Cabinet on relevant matters. The Cabinet also request the Overview & Scrutiny Committee to undertake reviews on particular matters and report its findings to the Cabinet. The Cabinet may consult the Committee on forthcoming decisions and the development of policy.

Workload

Following the establishment of Executive arrangements, the Council initially operated three Overview & Scrutiny Committees, namely the Community Affairs, Corporate Affairs and Environmental Affairs Overview & Scrutiny Committees. A subsequent Council review found that such an arrangement could lead to overlap in some areas of responsibility and was unwieldy. It was further found that there was not enough business to effectively sustain three separate Committees and that a single Overview & Scrutiny Committee would provide a more efficient and effective model. The Committee ensures that its level of activity is manageable through its annual work programme and regular reports from existing reviews and task groups.

The Committee utilises Task Groups and Working Groups to undertake reviews. Indeed, this is a way of engaging Members with no other specific special responsibilities. The nature and scope of Task Groups varies and each will submit regular progress reports to the Overview & Scrutiny Committee. The number of Working Groups is set by the Overview & Scrutiny Committee to ensure co-ordinated and well planned work programmes are maintained.

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The Committee, Task and Working Groups tend to receive reports prepared by Officers to assist the Members in undertaking their scrutiny role.

An Example of a Working Group Review is the ‘Consideration of a return to a Committee System of Decision Making’.

The Constitutional Review Member Working Group was asked to consider the case for the Council returning to a committee system of decision-making, in replacement of the Cabinet model and taking advantage of the freedom of choice recently offered by the Localism Act 2011. The Working Group considered the advantages and disadvantages of both systems. This included how Members viewed their contribution to the Council’s past and future successes and whether the existing or a different system of decision- making was the best way of ensuring the delivery of high-quality services to the public.

The Working Group examined the practical experience of authorities who had made the change – as well as hearing from the LGA on any common themes or issues that should be explored. The approach to the LGA came at an opportune time as it enabled an early sight of the newly published “Rethinking Governance”, a guide or so-called “Thinking Toolkit” on the type of issues that councils should think about when considering change. The guide set out useful pointers on the different options and provides an interesting update on the progress made by local authorities who have resolved to change. The Centre for Public Scrutiny had in 2012 published a guide for councils specifically interested in returning to the committee system and this document was also considered by Members. A representative from the Centre for Public Scrutiny attended a meeting to assist the Working Group in its review. He spoke about not rushing into a fundamental review of governance with a preconceived idea of a future structure. It was instead about establishing the purpose of the work: why do you want and need to change your governance arrangements? Are there ways of working that you want to stop or change substantially? Conversely, are there ways of working that you want to keep?

The Working Group considered the latest guidance and canvassed Members’ views on the effectiveness of current governance arrangements and, in particular, whether there were any barriers to participation in decision-making. A survey of all Members was conducted and the results were taken into account in the final outcome of the review. The outcome of the review was to recommend that subject to all ward councillors being consulted on relevant matters relating to their wards and all financial information relating to the Council’s Annual Budget being made available at the earliest opportunity, the Council continue to operate with the Cabinet Model Decision Making Structure. The outcome of this review was ratified at the Meeting of the Council held on 3 December 2014.

The minute extracts of the Constitutional Review Member Working Group meetings in respect of this review of the Council’s Governance Arrangements are attached at Appendix ‘N’.

The way in which Overview & Scrutiny is operated in Elmbridge continues to ensure effective scrutiny with Members engaging with external partners such as the local Police and South West Trains at meetings. The effective management of Overview & Scrutiny means there remains capacity for such external engagement to continue.

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7. MEMBER DEVELOPMENT

Councillors and Officers are clear about their roles and responsibilities. Member / Officer working relationships are good, in line with the Members’ Code of Conduct and Officers’ Code of Conduct. The Council has established Member role descriptions, specifically for the Leader of the Council; Portfolio Holders; Committee Chairmen and Members of the Council.

The Council is committed to quality and timely Member Development to support effective, quality decision making. The Council has a highly developed, accessible and clearly understood comprehensive Induction, Development and Support Programme for Members.

The Programme is refreshed each year and supports the Council’s Induction, Development and Support Strategy which was originally adopted by the Council in December 2006. This Strategy sets out the arrangements in place at Elmbridge Borough Council as part of our Council’s overall commitment to effective, efficient and quality Member Induction, Development and Support.

As set out within the Member Induction, Development and Support Strategy, the Council is committed to:

 Establishing a culture whereby Member excellence is recognised and promoted through a varied, relevant and interactive programme of sessions;

 Identifying individual and common learning and development requirements for all Members of the Council;

 Reflecting the Council’s Vision and Top Priorities;

 Helping to better equip Members in managing their variety of roles, including a mix between personal development skills and issue based subjects;

 Providing effective support and enable more experienced Members to share their own experiences and knowledge with those Members who may be new to their role / or area of activity;

 Providing a variety of styles of Member development activities and build flexibility to help maximise attendance of target audiences and to ensure content reflects Members’ feedback; and

 According with the spirit and objectives of the national Charter for Elected Member Development.

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Member Development and the Link to the Council’s Priorities

This Member Development Programme has been devised to equip Councillors with the necessary skills, to provide political leadership toward achieving our ‘Top Priorities’ and taking the organisation forward towards our Vision.

Aspects across the range of activities within the Programme are designed to enhance Member skills needed to help deliver our Vision and Top Priorities. The Member Development Sessions show how they support the Council’s Priorities.

Overview

Elmbridge Borough Council recognises the importance of providing quality induction, development and support for all Members to enable them to effectively discharge the range of responsibilities and roles that they may be asked to undertake as an elected Member for the Borough, including:

o The strategic political leadership of the Council; o Ensuring effective decision-making and scrutiny for Elmbridge; o Undertaking regulatory responsibilities as part of the Planning and Licensing Committees’ arrangements; o Community leadership and representational roles; o Ambassadorial role by representing the Council in its dealings with various external partners, including the Surrey Police, Surrey County Council and other external partners; and o Representing the Council at local, regional and national levels.

Elmbridge Borough Council’s Strategic Planning Arrangements – ‘Building on Excellence’

The Council’s Vision (the principles that guide our medium/long term plans) and our Top Priorities (our shorter term priorities that help move us nearer to our overall Vision) are set out in the Council’s Budget and Council Plan. The Vision and Top Priorities are the subject of extensive consultation and review each year to ensure that they meet the needs of the Borough and priorities for the year. The Council aims to continue to build on excellence through delivery of its Vision and Top Priorities.

Service Delivery Plans, and Team and Personal Action Plans developed in line with the Council’s performance review arrangements establish a clear link – a ‘golden thread’ running through the work of all our employees.

Members of the Council use the Corporate Plan as one of the strategic planning tools to ensure that our focus is right, our objectives are being progressed in line with set targets and to ensure effective monitoring.

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Member Induction, Development and Support

Our Member Induction, Development and Support arrangements link to the objectives for the Authority as set out in the Council Plan, to ensure that Members have the opportunity to attend sessions in support of their responsibilities in this regard. However, Members need to be fully equipped to discharge their full range of responsibilities and the arrangements in Elmbridge provide for a package of Member Development and Support across a variety of areas, including the challenges of emerging legislative requirements and responsibilities, many of which are being set as part of the Government’s modernisation agenda.

This Strategy sets out in more detail the arrangements in place for Member support, which is provided principally through the following means: o Strategic support and advice from the Council’s Council Management Board, Heads of Service and other Senior Officers; o The comprehensive Member Induction, Development and Support Programme; o The ‘One-Stop’ shop facility provided by the Executive and Member Services Team to assist Members with queries and / or signpost them to others, as appropriate; and o Guidance and support from officers across the authority.

Members of the Council

Senior Management (CMB /HoS)

Strategic Planning / Council’s Corporate Plan

Executive and Member Services Division

Member Development Member Support Programme

•Induction •Annual Member Development Sessions •Cabinet Leadership •E-Learning •Seminars / Briefings •Audio Series •1:1 Development Sessions •360 Programme •Annual Member Survey •Exit Survey for former Members •Members’ Handbook •Intranet / Bridge-IT •Individual Member Web Pages •Information Bulletin

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Re-Accreditation of the Charter for Elected Member Development

Having attained Charter Status in 2007, the Council was successful in attaining Charter Re-Accreditation Status in September 2011 and again in 2014 under the National Charter for Elected Member Development through the accreditation framework provided by the South East Employers Association, recognising the comprehensive induction, development and support arrangements in place for elected Members of the Council.

The evolving modernisation agenda affecting all Members of the Council means that it is timely and appropriate to draw together the arrangements in place to support Members in their role. The bringing together of such arrangements will also enable Elmbridge to more fully focus and manage more effectively, areas where a greater emphasis of support would be beneficial.

Included within the remit of the Portfolio Holder for Corporate Development is support and development arrangements provided for Members as part of everyday service delivery. Performance of service delivery is measured through the Council’s Performance Management Framework.

Member Development

In Elmbridge, Member Development seeks to provide a range of opportunities for Members. The comprehensive Member Induction, Development and Support Programme is a key part of the overall Strategy and includes: o An effective and timely Member Induction Programme for newly elected Members – including a 6 month follow-up review; o An Annual Programme of Member Development sessions including Elmbridge’s leading partnership work with Epsom and Ewell and Mole Valley Council’s to deliver joint sessions for Members; o Text message alerts to Members on upcoming Development Sessions; o A Members’ Handbook; o Presentations arranged on specific issues and matters of local importance; o Attendance at conferences and regional / county events; o Informal briefings for Members; o One to One Development Sessions on key topics e.g. web pages for Members; o An audio CD series; o Learning via the web e.g. European Computer Driving Licence; o An Annual Member Survey on development, support and customer satisfaction of service; o An exit survey for former Members; and o Interactive workshops and discussion forums.

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The key aims and objectives of the Member Induction, Development and Support Programme are to: o establish a culture whereby Member excellence is recognised and promoted through a varied, relevant and interactive programme of sessions; o identify individual and common learning and development requirements for all Members of the Council and delivering sessions in partnership with other Authorities as appropriate; o reflect the Council’s Vision and Top Priorities; o help to better equip Members in managing their variety of roles, including a mix between personal development skills and issue based subjects; o provide effective support and enable more experienced Members to share their own experiences and knowledge with those Members who may be new to their role / or area of activity; o to provide a variety of styles of Member development activities and build flexibility to help maximise attendance of target audiences and to ensure content reflects Members’ feedback; and o to accord with the spirit and objectives of the national Charter for Elected Member Development.

The Member Development Programme has been devised to equip and support Members with the necessary knowledge and skills, to provide political leadership towards achieving the Council’s ‘Top Priorities’ and taking the organisation forward towards our Vision. The Programme is informed following annual consultation with all Members at the beginning of the year.

The Member Development Programme comprises the following key elements:

Induction Programme

All newly elected Members are offered a comprehensive Induction Programme immediately following the Borough Elections.

This will include: o Providing details of the Members’ Induction Programme to all candidates standing for election to provide an early diary date and outline of the arrangements that are in place for newly elected Members; o ‘First contact‘ – an initial telephone call to all newly elected Members the day after Borough elections to welcome them as a new Member to the Council; to introduce the Executive and Member Services Team; provide an overview on the induction programme for them, and gather initial contact details etc.;

- 38 - o An Induction Day where newly elected Members will:

o be given a tour of the Civic Centre and Members’ Room facilities; o be provided with an overview of Council Services and resources; o meet the Chief Executive and Council Management Board; and other senior officers as well as the Executive and Member Services Team; o receive an overview of the legal requirements, roles and responsibilities of Members and the Council’s decision making process; o receive an overview / hints and tips from an existing Member relatively new to the Council themselves; o be shown how to navigate round the Council’s web site/intranet (Bridge-IT) and advised of the facilities available on-line; o be advised of the Member Development Programme and how to get further information; o invited to sign the Acceptance of Office Register; o arrange for their photograph to be taken for use in Corporate publications / the web, and to be provided with ID cards etc.; and o be invited to complete an evaluation form on the Induction Day itself. o Supplied with a personal copy of the Members’ Handbook (overview of contents provided as part of the Induction Day); schedule of meetings; relevant Agendas; Members’ Interest Declaration forms etc.; and o A letter is sent to all new Members approximately 6 months after the elections to gather feedback on their observations over the last few months, and to seek views on the top issues raised with them whilst they were canvassing. This valuable local intelligence is passed through to the relevant Strategic Director(s) to help with service planning / communication activities as appropriate and provides a feel of ‘doorstep issues of concern’.

Annual Member Development Sessions

A schedule of planned sessions is provided for Members at the beginning of each Municipal Year. The Annual Programme is despatched to all Members of the Council and included in the Members’ Handbook. A copy is also placed in the Members’ Room and the dates are listed on the Council’s calendar on Bridge-It.

The sessions are developed in the light of: o Emerging issues of priority within the Council’s Vision and Top Priorities; o Best practice and emerging legislative requirements relating to the Council’s responsibilities; o Supporting the effective operation of regulatory Committees of the Council; o Responding to views and feedback from individual Members following the Annual Member Survey;

- 39 - o Responding to views expressed at, for example Overview and Scrutiny Committees etc on the desire for development opportunities on particular areas; o Feedback from Members as part of the evaluation of individual events; o Feedback from former Members through the former Member ‘Exit Survey’ arrangements; o Evaluating the overall programme and feeding the results into the relevant Performance Indicators; and o Feedback from the Council’s Council Management Board / Leadership Group and best practice identified as a result of networking opportunities.

Member development sessions are facilitated by both officers and in conjunction with external organisations.

A summary of Member development sessions included in the Programme for 2014/15 is shown: Newly Elected Members

1. Introduction to Planning 2. Procurement in Elmbridge 3. Information Governance 4. Members’ Code of Conduct 5. Introduction to Local Government Finance 6. Overview and Scrutiny Questioning & Listening Skills 7. Chairmanship Skills 8. Safeguarding and the Role of Members 9. Treasury Management 10. Community Support Services Role, Activity and Function including a Tour of Molesey Centre 11. Council Finances and Funding Challenges – National and Local Context 12. Overview of Housing Services and Welfare Changes 13. Introduction to Licensing 14. One to One Training on Editing Your Member Web Page Cabinet Members

1. Information Governance 2. Members’ Code of Conduct 3. Safeguarding and the Role of Members 4. Council Finances and Funding Challenges – National and Local Context 5. Introduction to Licensing – as appropriate 6. One to One Training on Editing Your Member Web Page

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Overview and Scrutiny Committee Members

1. Procurement in Elmbridge 2. Information Governance 3. Members’ Code of Conduct 4. Introduction to Local Government Finance 5. Overview and Scrutiny Questioning & Listening Skills 6. Chairmanship Skills 7. Safeguarding and the Role of Members 8. Treasury Management 9. Community Support Services Role, Activity and Function including a Tour of Molesey Centre 10. Council Finances and Funding Challenges – National and Local Context 11. Overview of Housing Services and Welfare Changes 12. One to One Training on Editing Your Member Web Page

Members Appointed to the Regulatory Committees

Planning Committee / Area Planning Sub-Committee(s) and Licensing Committee:

1. Introduction to Planning 2. Members’ Code of Conduct 3. Chairmanship Skills 4. Introduction to Licensing 5. One to One Training on Editing Your Member Web Page 6. Members and Planning – a series of bite sized sessions

Members Appointed to the Audit and Standards Committee

1. Procurement in Elmbridge 2. Information Governance 3. Members’ Code of Conduct 4. Introduction to Local Government Finance 5. Chairmanship Skills 6. Treasury Management 7. Council Finances and Funding Challenges – National and Local Context 8. One to One Training on Editing Your Member Web Page

External Representatives

The Council extends an invitation to attend relevant Member Development Sessions to its external representatives, including the Co-Opted Independent Members of the Audit and Standards Committee and Parish Councillors, as appropriate.

Joint Working Opportunities

Elmbridge Borough Council leads a partnership with other authorities in Surrey to enable joint Member Development sessions which maximise opportunities to share procurement costs as well as networking opportunities. A number of joint training sessions have been held e.g. Overview & Scrutiny, Emergency Planning and Chairmanship Skills.

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Seminars / Briefings

In addition, where appropriate a variety of briefings / seminars will normally be held at various times during the year for Members to be informed of / discuss a variety of key issues for Elmbridge and its key partners. Such seminars have included briefings from Elmbridge Housing Trust and Surrey Police.

External Events

Members also have the opportunity to attend regional and national conferences and events as appropriate, including, for example the LGA Conference or CIPFA Finance Session.

Annual Member Survey

Each year we are keen to receive feedback from all Members of the Council on their thoughts and views on the Member Induction Development and Support provided to them. The feedback helps inform the Member Induction, Development and Support Programme offered during the following Municipal Year. Views are also sought on the format of the Programme and when sessions are held to best suit Members’ changing needs. The survey also gathers Member profiling information.

The Survey also provides attendance levels of the previous year’s sessions, which is further reflected by political groupings. Such feedback provides a useful evaluation tool for the Member Induction, Development and Support Programme and is supplied to each Group Leader for their relevant Group.

Exit Survey for Former Members of the Council

The views and opinions of those Members who are either not returned to office, or who stand down at Borough elections are valued and welcomed. We are keen to receive their views and opinions on what has worked well during their period of office, and on areas where they feel that the Council can improve its support and assistance provided. It is hoped that useful and relevant feedback will be gathered from all former Members, many of whom will have served the Borough and their Ward for a number of years. Feedback is used to support continuous improvement in Member support.

Members’ Handbook

All Members of the Council are provided with a personal copy of the Members’ Handbook to assist them in their roles as elected Councillors.

The Handbook provides a range of practical advice and information, including: o demographic information for Elmbridge; o Information about the Council, including its Structure, Vision and Top Priorities, Financial Management Arrangements; o details of Members, election results, serving constituents and the Members’ Community Leadership roles;

- 42 - o information on the Council’s decision making arrangements including Overview and Scrutiny Protocols, Procedures at meetings etc.; o Information relating to Probity and Standards and the Members’ Code of Conduct requirements, together with the Council’s Whistle Blowing procedures; o the Members’ Development Programme; o details of the resources provided for Members, including IT guidance/protocols; o details of the Members’ Allowances Scheme; o information relating to the structure of local government and national and local partners; and o guidance on how to deal with the media.

Information is also signposted in the Handbook with web-site addresses being provided where available.

The Handbook is updated annually, to ensure it is kept up-to-date and relevant. It is also available electronically to Members via the Members Pages on Bridge-IT, the Council’s Intranet. It is in loose leaf format to allow for regular updates.

Intranet – Bridge-It

Members of the Council also have access to their own set of pages loaded onto the Council’s Intranet, Bridge-It.

The pages are updated on a regular basis and enable Members to access information electronically, and remotely – via the Council’s Virtual Private Network (VPN).

Individual Member Web Pages

Every Member of the Council has their own easy to manage individual web page. Member Web Pages aim to increase public awareness of their local Councillors activities, and which will therefore improve accessibility opportunities / communication potential for the community via the World Wide Web.

Arrangements are in place to provide support to Members to continue to expand and develop these pages. Information Bulletin

In line with its commitment to streamline decision-making, but also having regard to the need to keep all Members up to date on relevant matters, an Information Bulletin is circulated to all Members / Press on a fortnightly basis. The Information Bulletin is also published on the Council’s website.

The Bulletin covers all services provided by the Council, and also includes such matters that Members should be kept up to date on, for example, information provided by various local Partners etc.

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FUTURE ARRANGEMENTS

The Council continues to streamline its decision making, such as Individual Cabinet Member Decision Making, as well as working practices such as exploiting available technology. A current Council agreed project is to support Members’ work on the move by provision of Council devices to access e-mails and committee papers. By the start of the Municipal Year 2015/16, all Members will have been issued and trained on the devices, supporting their work on the move and all meetings will be conducted with the use of technology rather than paper copy documentation.

The Council continues to be committed to Member development to support continued quality decision making, boost capacity and support the changes to further streamline working practices.

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8. THE WORKLOAD OF COUNCILLORS

Councillors undertake a variety of activities in effectively discharging their representational, decision making, scrutiny, regulatory and ambassadorial role to the community they serve.

As part of the Independent Remuneration Panel’s work in undertaking regular reviews of Members’ Remuneration, Members have been surveyed over the last five years as to the amount of time spent during a week on Council business. Details of this analysis and trends are set out below. Whilst response rates and engagement to the surveys has been relatively low and therefore not a wholly representative sample, trends in average hours spent on Council business has been collected. All Members were given the opportunity to respond which suggests that the majority choosing not to respond did not have a particular issue to express.

Analysis of Member Questionnaires regarding average hours spent on Council Business

Whilst not all 60 Members responded, the Independent Remuneration Panel were satisfied that all Councillors had been given the opportunity to comment. Below are statistics over the last five years where those Members responding to the survey have given a breakdown of the hours spent on Council business. Due to the relatively low number of responses received out of the possible total of 60, the information is not wholly representative, however, it could be assumed that those not responding considered the level of workload to be manageable.

Municipal Year 2010/11 [14 questionnaires received]

How many In a typical week, how will this time be spent? hours on Attending Community Case work Research Other average do meetings representation (dealing with you spend (including particular each week on travelling) issues in your council ward) business? 39 20 2 2 5 10 15 - 35 13 5 8 3 5 20 8 4 5 2 1 12 6 2 2 2 40 20 10 10 10 10 25 10 3 7 5 30 40 12 10 8 10 8 30 8 3 5 4 10 22 8 1 2 3 8 40 8 11 7 3 11 20 6 2 5 2 5 14 6 2 3 3 20 5 5 3 4 3

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Taking the average of the figures above on how many hours Members spent each week on Council business, this would be in the region of 28 hours per week. (This figure is based on the highest figure provided. Using the lowest would be 26 hours per week).

Municipal Year 2011/12 [7 questionnaires received]

How many In a typical week, how will this time be spent? hours on Attending Community Case work Research Other average do meetings representation (dealing with you spend (including particular each week on travelling) issues in your council ward) business? 12 8 2 2 2 20 5 - 6 10 25 4 6 6 3 4 20 2 2 3 3 10 20 10 4 4 2 10 8 1 1 40 10 - 12 8 – 10 8 – 10 3 - 4 5 - 6

Taking the average of the figures above on how many hours Members spent each week on Council business, this would be in the region of 21 hours per week.

Municipal Year 2012/13 [12 questionnaires received]

How many In a typical week, how will this time be spent? hours on Attending Community Case work Research Other average do meetings representation (dealing with you spend (including particular each week on travelling) issues in your council ward) business? 12 4 5 3 1 35 - 40 10 -12 5 5 5 10 28 6 5 5 2 10 15 6 2 2 2 3 10 2 8 10 - 15 3 - 5 1 1 3 - 6 2 14 6 2 2 4 20 6.5 4 4 3.5 2 25 - 30 10 1 3 5 1 25 7 3 4 5 6 10.5 4 1 5 0.5

Taking the average of the figures above on how many hours Members spent each week on Council business, this would be in the region of 19 hours per week. (This figure is based on the highest figure provided. Using the lowest would be 18 hours per week).

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Municipal Year 2013/14 [11 questionnaires received]

How many In a typical week, how will this time be spent? hours on Attending Community Case work Research Other average do meetings representation (dealing with you spend (including particular each week on travelling) issues in your council ward) business? 10 3 0.5 1 0.5 5 25 10 6 2 5 15 - 45 3 - 6 1 – 8 2 – 8 2 - 5 23 12 2 1 8 1 7 2 0.3 0.3 0.3 2.5 15 3 2 4 3 3 25 10 2 10 2 1 20 5 5 4 5 1 35 10 10 6 5 4 40 10 10 10 5 5 24 6 3 5 10

Taking the average of the figures above on how many hours Members spent each week on Council business, this would be in the region of 23 hours per week. (This figure is based on the highest figure provided. Using the lowest would be 21 hours per week).

Municipal Year 2014/15 [15 questionnaires received which included 1 questionnaire that did not complete this question so figures are based on 14 questionnaires]

How many In a typical week, how will this time be spent? hours on Attending Community Case work Research Other average do meetings representation (dealing with you spend (including particular each week on travelling) issues in your council ward) business? 20 - 35 10 5 2 3 30 15 5 5 7 4 16 3 5 4 2 2 19 5 1 10 3 12 1.5 2 2.5 3 3 15 3 2 4 3 3 37 15 5 – 6 7 5 5 20 5 2 10 3 30 - 40 10 – 15 5 – 7 5 – 7 5 5 20 7 2 – 3 3 2 - 3 6 - 7 25 6 5 3 4 7 30 - 35 3 - 15 24 6 3 5 10 10 6 2 2 1 1

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Taking the average of the figures above on how many hours Members spent each week on Council business, this would be in the region of 24 hours per week. (This figure is based on the highest figure provided. Using the lowest would be 22 hours per week).

30 28 26 24 25 23 21 21 22 19

20 18

15 Average total based on highest

Hours hourly range provided 10 Average total based on lowest hourly range provided 5

0 2010/11 2011/12 2012/13 2013/14 2014/15 Municipal Year

The survey figures also indicate that generally, the highest proportion of time is dedicated to attending meetings including travelling and less time generally is spent on case work.

Surveys of retiring councillors show that the level of workload is manageable and meets their expectations. Councillors on average remain with the Authority for over two terms of office, giving an indication again that the roles and responsibilities of a Borough Council can be balanced with both home and work commitments.

The Council is in the process of introducing Webcasting of meetings, initially by way of a pilot of key meetings. Not only will this help facilitate wider public access, but will also assist Members in freeing up their time as they will not necessarily need to travel to the Civic Centre to observe a meeting or an aspect of proceedings that they wish to follow.

The Council is also investing by way of its Brilliant Customer Services Every Time project, in the way in which it provides services to its local communities. There is a continuing move to channel shift services to self-service via the Council’s website.

The following table shows the Council’s website visitor statistics and the dramatic increasing use of the Council’s website.

Website visitor statistics Year Page views Visits Unique visitors 2014 to date 7,349,780 3,568,282 2,997,979 2013 6,635,474 2,183,697 1,625,608 2012 5,846,155 1,356,157 895,552 2011 5,060,463 1,096,968 672,582 2010 4,741,458 1,225,774 637,492

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Website visitor statistics Year Page views Visits Unique visitors 2009 4,309,638 992,862 605,355 2008 4,232,596 927,129 401,690 2007 3,826,495 797,014 266,594 2006 3,074,976 603,887 205,639 2005 841,942 186,121 94,069

Siteimprove is a leading provider of hosted website analysis services to UK councils.

The Brilliant Customer Services Every Time project also extends to the support provided to Members of the Council, with a Members Express Casework service now being operational. This helps to free up Councillors’ time as Members can simply refer Borough Council related casework through to the team and will receive an e-mailed response in line with established standards.

The Council is currently undertaking an electronic transformation project to support councillors with their work ‘on the move’. Members are being provided with a Council managed mobile device (ipads) which will enable them to access e-mails and committee papers whilst out and about. The Cabinet and ICT Member Reference Group acted as the pilot for arrangements during November 2014 and it is anticipated that full roll out to all Members and relevant support Officers will be in place by May 2015. This is a further example of streamlining effective arrangements / management of casework by exploiting available technology.

All these examples of channel shift and work streams demonstrate the support given to Members giving the opportunity to release capacity in discharging their role.

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9. SUBMISSION RECOMMENDATION

The Council is seeking a reduction in the number of Members and submits that the Council size be reduced from 60 to 48 Councillors. Given the reduction in service responsibilities over recent years, and specifically since the last Electoral Review in 1999, such as the transfer of the Council’s housing stock in 2000 and the transfer of the highways function to the County Council in 2000; a reduction in the Council’s budget; a reduction in the Officer workforce; and streamlining formal decision making & working practices, the Council is proposing a reduction in the number of Councillors by a manageable number. Whilst not unanimously supported by all 60 Members of the Council, the Council is seeking approximately a 20% reduction in the number of Councillors. Utilising the evidence gathered, together with the experiences of serving and retired Members as set out in this submission, the Council considers that such a reduction would be appropriate whilst maintaining a robust approach to effectively discharging its responsibilities.

The Council’s decision to retain elections by thirds limits the Council’s consideration of Council size to a number divisible by three, to ensure each constituent has the same number of opportunities to vote, regardless of the ward within which they live. The Council has therefore decided to recommend that the Council size should be reduced to 48.

The Council has concluded that a reduction in the Council size by twelve would achieve the aims of the review without impacting on its ability to deliver its services or adversely affect the needs of constituents and Members in terms of engagement. Indeed, it is considered that a more streamlined approach to decision making and scrutiny will be achieved, together with a cost saving for the Authority.

The Council considers that the proposed reduction to 48 Councillors is appropriate in the context of the Council’s current arrangements and is also fit for purpose in the future. This is because the number 48 has been determined by reference to a Strong Leader structure where the Leader has chosen to delegate responsibility for executive decisions to his Executive. There are therefore no foreseeable circumstances in which an increased number of Councillors could be required. This stance is further reinforced as the Council’s current formal decision making structure has recently been reviewed, through the Scrutiny process, whereby it has been reaffirmed that the current structure is fit for purpose and should be retained. Members consider that with a Council size of 48 Members, Cabinet and Committees of the Council would be proportionately reduced, whilst maintaining the effective current formal decision making and scrutiny structure and whilst continuing to adhere to relevant legislative requirements. The analysis from the Members’ survey on time spent on Council business, whilst not a wholly representative sample due to the response rate, indicates that there is capacity for a move to a greater focus on ward activities which also supports the proposed reduction in Council size to 48 Members.

Accordingly, it is

RECOMMENDED TO THE LOCAL GOVERNMENT BOUNDARY COMMISSION FOR ENGLAND THAT THE COUNCIL SIZE OF ELMBRIDGE BOROUGH COUNCIL BE REDUCED FROM 60 TO 48 COUNCILLORS, EFFECTIVE FROM MAY 2016.

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APPENDICES

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APPENDIX A

ELMBRIDGE BOROUGH COUNCIL

ELECTION OF BOROUGH COUNCILLORS – 22 MAY 2014

OFFICIAL RESULTS OF POLL

As Returning Officer for the election of Borough Councillors in the Borough of Elmbridge held on 22nd May 2014. I hereby give notice that the number of votes cast for each candidate was as follows; and that the candidates against whose names the word "Elected" is marked are duly elected Borough Councillors with a term of office expiring in May 2018.

% % Ward and Number Names of Total Description Votes Result Voting Voting of Vacancies Candidates Electors 2014 2012 UK COLLIGNON, CLAYGATE (1) Independence 239 Bernard Michael Party (UKIP) Liberal MARSHALL, Mary 1,276 Elected 5,444 45.8% 44.9% Democrat Local SUGDEN, Mark 956 Conservatives The COBHAM & MITCHELL, Dorothy Conservative DOWNSIDE 1,072 Elected Margaret Party (1) Candidate SMITH, Michael Liberal 148 Ross Democrat 4,892 36.5% 28.2% Labour Party THRELKELD, Irene 174 Candidate UK WOOD, Nicholas Independence 380 David Party (UKIP) COBHAM UK ATKINS, Richard FAIRMILE Independence 197 Farquhar (1) Party (UKIP) BELLCHAMBER, Liberal 101 David Colin Democrat BRYANT, Hugh Labour Party 78 David Candidate 3,134 30.1% 23.7% The Conservative GREY, Tim 466 Elected Party Candidate

ODONE, Maria Independent 98

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% % Ward and Number Names of Total Description Votes Result Voting Voting of Vacancies Candidates Electors 2014 2012 Esher ESHER (1) BASSETT, David Residents 907 Association The 4,986 37.3% 30.7% Conservative WAUGH, Simon 941 Elected Party Candidate Official HERSHAM NORTH Monster CRAZY DAVE 43 (1) Raving Loony Party UK FIELD, Peter John Independence 357 Party (UKIP) 4,690 34.4% 32.0% Labour Party HAMILTON, Irene 399 Candidate Local SHELDON, Mary 800 Elected Conservatives HERSHAM SOUTH GOWER, Mark Labour Party 342 (1) Sean Candidate Local MITCHELL, Ruth 1,257 Elected 4,883 38.2% 37.3% Conservatives Liberal STURGIS, Andrew 239 Democrat UK HINCHLEY WOOD FIELD, Sandra Independence 138 (1) Rose Party (UKIP) Hinchley HAIG-BROWN, Wood 49.58% 1,137 Elected 3,839 41.2% Nigel Residents 2011 Association Local WANG, Xingang 298 Conservatives UK CUNNINGHAM, LONG DITTON (1) Independence 259 Susannah Party (UKIP) The Conservative FOX, Martin 602 Party Candidate 4,658 45.7% 41.5% Labour Party HUGHES, Roger 158 Candidate Liberal KAPADIA, Shweta 1,105 Elected Democrat

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% % Ward and Number Names of Total Description Votes Result Voting Voting of Vacancies Candidates Electors 2014 2012 MOLESEY EAST Local BAX, Steve 953 Elected (1) Conservatives Labour Party DORAN, Marc 121 Candidate UK MARSHALL, Trevor Independence 125 Gregory 4,925 42.9% 38.2% Party (UKIP) Liberal NAGLE, Paul 71 Democrat The Molesey POPHAM, Tony Residents 835 Association MOLESEY NORTH Labour Party KELLY, Ray 111 (1) Candidate Official MONKEY THE Monster 22 DRUMMER Raving Loony Party The Molesey SELLECK, Stuart Residents 1,105 Elected Association 4,749 40.6% 34.3% Liberal STURGIS, Alastair 70 Democrat THROM-JONES, Local 364 Grahame Conservatives UK WHEATLEY, Paul Independence 247 Jonathan Party (UKIP) The Molesey MOLESEY SOUTH AHMED, Ruby Residents 1,157 Elected (1) Association Labour Party AJJANE, Jamal 256 5,152 34.6% 27.2% Candidate MAHNE, Christian Local 349 Nicholas Conservatives The OATLANDS PARK BROWN, Lewis Conservative 1,266 Elected (1) James Party Candidate Labour Party 4,806 36.2% 30.6% LISTER, Martin 227 Candidate Liberal SMITH, John Ford 213 Democrat

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% % Ward and Number Names of Total Description Votes Result Voting Voting of Vacancies Candidates Electors 2014 2012 UK OXSHOTT & STOKE BIRCH, Philip Independence 286 D'ABERNON (1) Michael Party (UKIP) DAY, Pamela Liberal 140 Margaret Democrat HOLMES, Marian Labour Party 4,717 37.0% 30.5% 91 Audrey Candidate The Conservative VICKERS, James 1,219 Elected Party Candidate The ST. GEORGE'S HILL Conservative FOALE, Simon 811 Elected (1) Party Candidate St. George's MACKENZIE, 4,596 37.4% 33.9% Hill 770 Kelvin Independents Labour Party WICKS, Thomas 127 Candidate Thames Ditton / Weston THAMES DITTON (1) BLAND, Tricia Green 1,339 Elected Residents' Association ELDERGILL, Labour Party 180 Francis Candidate 4,728 41.6% 34.9% The EVANS, Hugh Conservative 297 Charles Halcott Party Candidate UK FRY, Samantha Independence 138 Party (UKIP) WALTON HAWKES, Peter Labour Party 234 AMBLESIDE (1) John Candidate UK 38.26% IONS, David William Independence 239 3,179 34.2% 2011 Party (UKIP) Local KELLY, Andrew 603 Elected Conservatives

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% % Ward and Number Total Names of Candidates Description Votes Result Voting Voting of Vacancies Electors 2014 2012 WALTON Local HOWARD, Malcolm 731 CENTRAL (1) Conservatives UK HUMPHRIES, David Independence 214 Lee Party (UKIP) 5,260 38.8% 37.3% The Walton PALMER, Alan 939 Elected Society Labour Party SMITH, Graham Barry 150 Candidate Official WALTON Monster BADGER 71 NORTH (1) Raving Loony Party Labour Party JEPSON, Peter Arthur 337 Candidate 4,974 31.2% 22.4% Local LAKE, Rachael 734 Elected Conservatives UK WOOLDRIDGE,Anita Independence 397 Party (UKIP) WEYBRIDGE Liberal BOHANE, Susan 231 SOUTH (1) Democrats UK CUNNINHAM, Independence 178 Redvers Paul Party (UKIP) Labour Party 3,360 34.8% 28.1% JONES, Elinor Mair 102 Candidate The KNIGHT, Richard Conservative 646 Elected Albert Party Candidate

(N.B. Uncontested election: ELMER, Christine was elected, without contest, for a term of office expiring in May 2018 to represent the Walton South ward.

No elections were held in respect of Weston Green and Weybridge North wards as there were no elections scheduled.)

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I FURTHER DECLARE that the numbers of BALLOT PAPERS REJECTED were as follows:-

Claygate Cobham Cobham Esher Hersham Hersham Hinchley & Fairmile North South Wood Downside

(a) want of official mark

(b) voting for more candidates than 1 1 3 2 was entitled to (c) writing or mark by which voter could be identified (d) being unmarked or wholly void for 19 10 3 10 13 25 5 uncertainty TOTALS 20 11 3 10 13 28 7

Long Molesey Molesey Molesey Oatlands Oxshott & St Ditton East North South Park Stoke George’s d’Abernon Hill

(a) want of official mark

(b) voting for more 1 1 candidates than was entitled to (c) writing or mark by which voter could be identified (d) being unmarked or 6 7 11 22 33 9 9 wholly void for uncertainty TOTALS 7 7 11 22 34 9 9

Thames Walton Walton Walton Weybridge Ditton Ambleside Central North South

(a) want of official mark

(b) voting for more 3 1 2 candidates than was entitled to (c) writing or mark by 1 which voter could be identified (d) being unmarked or 8 9 7 13 10 wholly void for uncertainty TOTALS 11 10 8 13 12

Civic Centre High Street Esher R. MORAN 22 May 2014 Returning Officer

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APPENDIX B

Electorate Breakdown per Ward

Ward No of Electorate Average Councillors as at February Electorate per 2014 Elected Member

Claygate 3 5,475 1,825 Cobham & 3 4,874 1,625 Downside Cobham Fairmile 2 3,156 1,578 Esher 3 4,985 1,662 Hersham North 3 4,683 1,561 Hersham South 3 4,882 1,627 Hinchley Wood 2 3,865 1,933 Long Ditton 3 4,616 1,539 Molesey East 3 4,922 1,641 Molesey North 3 4,752 1,584 Molesey South 3 5,155 1,718 Oatlands Park 3 4,819 1,606 Oxshott & Stoke 3 4,657 1,552 D’Abernon St George’s Hill 3 4,608 1,536 Thames Ditton 3 4,736 1,579 Walton Ambleside 2 3,173 1,587 Walton Central 3 5,255 1,752 Walton North 3 4,984 1,661 Walton South 3 5,014 1,671 Weston Green 2 2,852 1,426 Weybridge North 2 3,267 1,634 Weybridge South 2 3,318 1,659

Total 60 98,048 1,634

Average Electorate per Councillor

No of Councillors Average Electorate per Elected Member

Current 60 1634 Proposed 48 2043

Claygate is a warded Parish and the electorate in respect of Claygate Parish Council is the same electorate as that for Claygate Ward.

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APPENDIX C

Political Composition of the Council

Municipal Year Political Group No. Seats

2014/15 Conservative 32 Residents’ Associations 19 Liberal Democrats 6 Hinchley Wood Residents’ Association 2 Ungrouped 1 2013/14 Conservative 31 (Reflecting mid-year Residents’ Associations 20 changes in Political Liberal Democrats 6 Group) Hinchley Wood Residents’ Association 2 Ungrouped 1 2012/13 Conservative 32 Residents’ Associations 20 Liberal Democrats 6 Hinchley Wood Residents’ Association 2 2011/12 Conservative 35 Residents’ Associations 18 Liberal Democrats 5 Hinchley Wood Residents’ Association 2 2010/11 Conservative 33 Residents’ Associations 18 Liberal Democrats 7 Hinchley Wood Residents’ Association 2 2009/10 Conservative 32 Residents’ Associations 19 Liberal Democrats 7 Hinchley Wood Residents’ Association 2 2008/09 Conservative 32 Residents’ Associations 19 Liberal Democrats 7 Hinchley Wood Residents’ Association 2 2007/08 Conservative 28 (Reflecting mid-year Residents’ Associations 21 changes in Political Liberal Democrats 8 Group) Hinchley Wood Residents’ Association 2 Ungrouped 1 2006/07 Conservative 27 (Reflecting mid-year Residents’ Associations 21 changes in Political Liberal Democrats 8 Group) Hinchley Wood Residents’ Association 2 Hersham Village Society 2 2005/06 Residents’ Associations 28 (Reflecting mid-year Conservative 21 changes in Political Liberal Democrats 8 Group) Hinchley Wood Residents’ Association 2 Ungrouped 1

- 59 -

APPENDIX D

(s)

Committee

Licensing Licensing

-

Committee

tee

Sub

Area

Cttee

-

ommit

Planning

Sub

West

C

-

Appointments

Sub

Area

Cttee

- Structure

Planning

Planning Planning

Sub

North

Committee

Cttee

-

Planning

East Area Sub

Making

Individual Individual Council

Cabinet

CabinetDecision

Cttee -

(Ad hoc) (Ad

Committee Overview & Scrutiny OverviewScrutiny &

RecruitmentSub

Elmbridge Borough Council’s Formal Decision Making Decision Formal Council’s Borough Elmbridge

Committee

Audit & Standards & Audit

- 60 -

APPENDIX E

Responsibility for Cabinet Functions Exercised by Individual Cabinet Members as set out under Part 3 – Responsibility for Functions of the Council’s Constitution

Who is responsible Function Limitation (1) (2) (3)

Individual member of the Cabinet Any Cabinet function All provisions listed in this in relation to the functions set out relating to: column apply to all the in column (2) and subject to the functions listed in column (2).  Agreeing annual reports; limitations in column (3) In all cases the decision must  Monitoring performance of be consistent with the Budget services; and Policy Framework and  Approving bids for funds corporate strategies. from external bodies;

The Cabinet member will be the  Agreeing concordats or The following matters Member allocated the appropriate statements of intent with are not included in the responsibilities (listed below) by other parties; delegation: the Leader or Cabinet (except that  Agreeing annual service  Those properly reserved to where that Member is unable to act plans; the Council as part of the due to conflict of interest, illness or Budget and Policy  Agreeing responses to absence, another member of the Framework; Cabinet may exercise the function consultation documents;  Those delegated to Officers on their behalf).  Approving proposals for under the Scheme of public consultation; Delegation to Officers or to an area committee or other joint arrangement;  Acknowledging/being aware of the implications  Those which the Leader of new/proposed and/or the Cabinet have legislation; reserved to the Cabinet or are subject to any guidance they have given;

Leader  The write-off of The exercise of the function . Presents the big picture irrecoverable debts is also subject to: (excepting debts in respect . Revenue & Capital Budgets –  The provisions of the of Council Tax, Non- Annual Budget Statement Constitution including the Domestic Rates or Housing Financial and Contract . Overall priorities and policy Benefit which are Procedure Rules; issues delegated to an officer)  Consultation with other . Chairs the Cabinet and presents between £2,000 and Cabinet members as the Forward Plan of work £10,000 and which are appropriate; covered by the Council’s provision for bad debts;

- 61 -

Who is responsible Function Limitation (1) (2) (3)

Community Development  The approval of terms for . The Individual Cabinet . Community Leadership miscellaneous acquisitions Member Decision-Making and disposals of property Protocol; . Community Strategy up to a value of £100,000; . The right of the Member . Joint Community Working and  The approval of terms for concerned to refer the Partnership (County Council, property disposal by way matter to the Cabinet if they Police etc) of grant or assignment of so wish; and . Neighbourhoods & Social lease; . The matter being referred to Exclusion  The approval of minutes of the Cabinet where there is a . Community Safety including advisory groups, working dispute between the Member CCTV groups and other similar authorised to take the . Local Area Agreements / Public bodies; decision and another Cabinet Service Agreements member.  References up from . Community Engagement & Overview and Scrutiny Consultation Committees concerning . Economic Well-being & Business performance management Network / Liaison and related issues; and

Corporate Development  The review of plans and . Organisational Improvement & strategies not forming part Performance Management of the Council’s Policy . Communications Framework. . Equalities & Diversity  Consideration of reports from officers and issuing of . Personnel (excluding appointments & dismissals) directions in matters of routine service . Emergency Planning management not involving . Health & Safety key decisions . Member Services

. Customer Services . Electoral Services

Environment . Waste Management . Environmental Well-being . Environmental Health and Licensing . Street Cleaning Services . Sustainability including Energy and Climate Change

- 62 -

Who is responsible Function Limitation (1) (2) (3)

Highways and Transport . Liaison with Highway Authority . Off Street Car Parking . Public Transport . Traffic Management

Housing . Housing Strategy . Allocation of Housing Enabling Funds . Overview of Housing Services . Housing Benefits . Promotion of Affordable Housing . Liaison with Registered Social Landlords . Housing Policy . Housing Advice . Homelessness . Grants – Private and Disability (eg Disabled Facilities Grants)

Leisure and Culture . Arts & Culture . Sport & Leisure . Parks & Recreation . Promoting Healthy Lifestyles . Youth . Children’s Issues (including Member Champion for Child Protection) . Museums . Public Halls . Cemeteries . Tourism . Tree Risk Strategy

- 63 -

Who is responsible Function Limitation (1) (2) (3)

Regulatory Affairs . Planning Policy including Local Plan Planning Development

Framework

. Development Control including Tree Preservation Orders . Design Champion Role . Building Control . Street Naming [Note – operation under ISD although CIPFA guidance indicates inclusion under Regulatory]

. Section 106 Small Scale Site Additions to Interim List of Tariff Spending Programmes specific spending . Land Charges programmes

Resources . Value for Money . Financial management including Insurance . Treasury Management (implementation of policies, practices and activities, including annual strategy and plan, mid year review and annual report) . Local Taxation . Strategic Risk Management . Audit and Corporate Governance . ICT . Information Security . Asset Management and Property (including Asset Management of Car Parks and Public Conveniences) . Legal . Procurement Champion

- 64 -

Social Affairs . Health matters and liaison with relevant bodies . Voluntary Sector liaison and support . Services for older people and disabled people (Meals on Wheels, Community Transport, Community Alarm and Telecare and Elmbridge Relief Carers Scheme) . Centres for the Community

- 65 -

30APS

29 25 26 27 28 29 30 31 27 28 29 30 31 30 31

F

O&S

29 23LIC 24 25A&S 26 27 28

0

22 18 19 20 21 22 23 24 2 21 22O&S 23 24 25 26 23 24 25 26 27 28

APPENDIX APPENDIX

22 17PLNG 18CBNT 19 20 21

16

CBNT

15APS 11APS 12 13 14 15 16 17 13APS 14 15 16 17 18 19 16 17 18 19 20 21

June2014

August 2014 August

October2014

December2014

15 9APS 10 11 12 13 14

8 5 6 7 8 9 10 6 7PLNG 8 9 10 11 12 9 10ICMDM 11 12 13 14

4

8 3 CO 4AN 5 6 7 2

ICMDM/CO

1 1 2 3 4 5 2 3CO 4 5 6 7

1 1 2 3

un

Sun Mon Tues Wed Thurs Fri Sat Mon Tues Wed Thurs Fri Sat Sun Mon Tues Wed Thurs Fri Sat S Tues Wed Thurs Fri Sat Sun

Mon

8

29LIC 30

24APS 27 28APPT 29 30 31 28 29 30 31 25 26 27O&S 2 29 30

26

DM/CO Elmbridge Borough Council Elmbridge Borough

Schedule of Meetings 2014/15 ScheduleMeetings of

25 17 19 20 21 22Election 23 24 21APS 22 23ICM 24 25 26 27 22APS 23 24A&S 25O&S 26 27 28 18PLNG 19CBNT 20 21 22 23

18 10LIC 13 14 15 16 17 14 15 16 17O&S 18 19 20 15 16 17CBNT 18 19 20 21 11 12 13 14 15 16

12APS May 2014 May

July 2014 July

November2014 September2014

11 3 APS 6 7 8 9 10 7 8PLNG 9CBNT 10 11 12 13 8 9PLNG 10 11 12 13 14 4 5ICMDM 6 7 8 9 5

4 1 2 3

1 2ICMDM 3 4 5 6 1APS 2 3ICMDM 4 5 6 7 1 2

Sun Mon Mon Tues Wed Thurs Fri Sat Mon Tues Wed Thurs Fri Sat Sun Mon Tues Wed Thurs Fri Sat Sun Tues Wed Thurs Fri Sat Sun

- 66 -

CO

/

eand

ICMDM

24 25 26 27 28 27 28 29 30

23

O&S

17 18 19 20 21 22 20 21 22 23 24 25 26

16

Chairman.

-

ICMDM/CO

10 11CBNT 12 13 14 15 13APS 14 15 16 17 18 19

9APS

April 2015 April

February 2015 February

LNG

2 3 P 4 5 6 7 8 6 7 8 9 10 11 12

1 1 2 3 4 5

bridge.gov.uk

held theto welcome Centre, Civic in are Public Esher. Meetingsusually are be occasions. excluded on may attend although meetings, all Committe Committee;Overview Scrutiny & Meetings * Licensing of the order MeetingCouncilAnnual held of willin the berise at Planningthe Committee Chairman and to appoint Vice their respective Website: Council’s on available the minutesare and Agendas www.elm

Tues Wed Thurs Fri Sat Sun Mon Tues Wed Thurs Fri Sat Sun Mon

am

7.45pm 7.00pm 7.45pm 7.00pm 7.00pm 7.45pm 10.00 7.45pm 7.45pm 7.45pm

26 LIC 27 28 29 30 31

25 31 26 27 28 29 30 31 30

23APS 24 25 26O&S 27 28 29

ICMDM/A&S

18 20 21 22 23 24 25 19 CO. 20AN 21 22 23 24 19APS

CBNT

17 18 19 20 21 22

16LIC

11 13 14 15O&S 16 17 18 12 13APPT 14 15 16 17

12

May 2015 May

A&S

March 2015 March

January 2015 January

9 10PLNG 11 12 13 14 15

4 5 6PLNG 7CBNT 8 9 10 11 5 6 7Election 8 9 10

Committee

-

Committees

-

2APS 3 4 5 6 7 8

1 2 3 4 1

1 2 3

AnnualCouncil

Individual Cabinet Member Decision IndividualMaking Cabinet Member

Planning Committee Planning

– Cabinet

AppointmentsSub

–

Overview and Scrutiny Committee Overview

AreaSub Planning Committee Standards and Audit

–

–

–

Licensing Committee Licensing

Council

–

– –

–

–

Mon Mon Tues Wed Thurs Fri Sat Sun Mon Tues Wed Thurs Fri Sat Sun Tues Wed Thurs Fri Sat Sun

CO* AN APPT APS A&S CBNT CO ICMDM LIC O&S PLNG

- 67 -

APPENDIX G

Record of Attendance of Councillors at meetings of the Council, Cabinet, Committees, Sub-Committees etc. during the 2013/14, 2012/13, 2011/12, 2010/11 and 2009/10 Municipal Years

2013/14 Municipal Year Cabinet, Committees & Council Meetings Total Number of Sub-Committees Formal Councillor Etc. Committee Meetings Expected Actual Expected Actual Attended

Cheyne, B.J.F. 6 6 43 43 49 Sheldon, Mrs. M.C. 6 6 43 43 49 Sadler, C.R. 6 6 36 35 41 O’Reilly, J. 6 6 36 33 39 Donaldson, I.T. 6 6 37 31 37 Randolph, Mrs. K. 6 6 33 28 34 Elmer, C.J. 6 6 28 27 33 Herbert, G. 6 6 28 26 32 Mitchell, Mrs. D.M. 6 5 34 27 32 Odone, Mrs M. 6 6 26 26 32 Waugh, S.J. 6 6 29 26 32 Fairbank, B. 6 6 27 25 31 Hawkins, S. 6 6 25 25 31 Cross, Mrs. C.J. 6 5 34 25 30 Davis, A. 6 6 26 24 30 Kapadia, Mrs. S.R 6 6 28 24 30 Dünweber, Mrs. E.E. 6 6 26 22 28 Kopitko, A.H. 6 5 24 23 28 Fuller, Mrs. J. 6 6 25 20 26 Harman, P.M. 6 6 25 20 26 Oliver, T.G. 6 6 29 20 26 Hopkins, A.J. 6 5 22 20 25 Popham, T. 6 4 24 21 25 Turner, Mrs. J.R 6 6 20 19 25 Coomes, A. 6 6 19 18 24 Samuels, Mrs. L.M. 6 6 26 18 24 Shipley, Mrs. T. 6 6 16 16 22 Cowin, Ms. B.A. 6 6 15 15 21 Egan, K. 6 5 24 16 21 Eldridge, V.G. 6 6 15 15 21

- 68 -

Green, R. 6 4 24 17 21 Kelly, A.C. 6 6 16 15 21 Mitchell, Mrs. R. 6 6 15 15 21 Lyon, Mrs. R.J.M. 6 6 16 14 20 Browne, J. 6 6 12 12 18 Bruce, Mrs. R.M. 6 6 11 11 17 Dabell, F. 6 5 16 12 17 Dennis, Mrs. S.J. 6 4 16 13 17 Fairclough, B. 6 5 17 12 17 Gray, R.J. 6 5 15 12 17 Izard, Mrs. T. 6 6 11 11 17 Lake, Rachael .I. 6 6 12 11 17 Marshall, Mrs. M. 6 6 11 11 17 Sheldon, J.G. 6 6 12 11 17 Axton, M. 6 6 11 10 16 Dearlove, G.P. 6 6 11 10 16 Donaldson, I. 6 6 11 10 16 Elmer, Mrs. C. 6 6 10 10 16 Hughes, Mrs. K. 6 5 24 9 14 Cooper, N.C. 6 6 6 6 12 Robertson, Mrs. L. 6 6 5 5 11 Knight, R. 4 3 11 7 10 Selleck, S.G 6 6 4 4 10 Mills, M. 6 3 13 6 9 Luxton, N.J. 6 6 2 2 8 Cooper, Mrs. E. 6 4 4 3 7 Archer, D.J. 6 6 0 0 6 Bennison, M.J. 6 6 0 0 6 Butcher, J.V.C. 6 6 0 0 6 Vickers, J.A. 6 3 1 1 4

- 69 -

2012/13 Municipal Year Cabinet, Committees Council & Sub-Committees Total Number of Etc. Formal Councillor Committee Meetings Expected Actual Expected Actual Attended

Cheyne, B.J.F. 6 6 44 44 50 Fairbank, B. 6 6 38 38 44 Donaldson, I.T. 6 6 40 36 42 Sheldon, Mrs. M.C. 6 6 34 32 38 Cross, Mrs. C.J. 6 5 35 31 36 O’Reilly, J. 6 6 35 30 36 Sadler, C.R. 6 6 32 30 36 Elmer, C.J. 6 6 29 28 34 Herbert, G. 6 6 30 28 34 Kapadia, Mrs. S.R 6 6 30 27 33 Randolph, Mrs. K. 6 6 30 27 33 Mitchell, Mrs. D.M. 6 5 32 27 32 Dünweber, Mrs. E.E. 6 6 27 24 30 Popham, T. 6 6 26 24 30 Waugh, S.J. 6 5 30 25 30 Archer, D.J. 6 6 28 23 29 Hopkins, A.J. 6 6 24 23 29 Odone, Mrs M. 6 6 25 23 29 Dabell, F. 6 4 28 23 27 Davis, A. 6 6 23 21 27 Green, R. 6 6 27 21 27 Gray, R.J. 6 5 24 21 26 Kopitko, A.H. 6 6 26 20 26 Dodsworth, S. 6 5 27 20 25 Harman, P.M. 6 5 23 20 25 Hawkins, S. 6 6 19 19 25 Shipley, Mrs. T. 6 6 18 18 24 Egan, K. 6 6 23 17 23 Eldridge, V.G. 6 6 18 17 23 Hughes, Mrs. K. 6 6 23 16 22 Butcher, J.V.C. 6 3 23 18 21 Lyon, Mrs. R.J.M. 6 6 15 15 21 Mitchell, Mrs. R. 6 6 15 15 21 Fairclough, B. 6 6 16 14 20 Kelly, A.C. 6 6 18 14 20

- 70 -

Mills, M. 6 6 16 14 20 Cartwright, J.C. 5 5 19 14 19 Dennis, Mrs. S.J. 6 5 17 14 19 Donaldson, I. 6 6 11 11 17 Fuller, Mrs. J. 6 5 12 12 17 Izard, Mrs. T. 6 6 11 11 17 Lake, Rachael .I. 6 5 14 12 17 Samuels, Mrs. L.M. 6 5 15 12 17 Turner, Mrs. J.R 6 6 14 11 17 Bruce, Mrs. R.M. 6 6 9 8 14 Coomes, A. 6 6 8 8 14 Oliver, T.G. 5 4 11 10 14 Axton, M. 6 4 10 9 13 Browne, J. 6 5 8 8 13 Cooper, N.C. 6 5 10 8 13 Robertson, Mrs. L. 6 6 8 7 13 Cowin, Ms. B.A. 6 6 6 6 12 Dearlove, G.P. 6 5 7 7 12 Elmer, Mrs. C. 6 6 6 6 12 Sheldon, J.G. 6 6 6 6 12 Cooper, Mrs. E. 6 6 6 5 11 Selleck, S.G 6 5 7 6 11 Vickers, J.A. 6 4 7 6 10 Luxton, N.J. 6 5 2 2 7 Bennison, M.J. 6 5 1 1 6

- 71 -

2011/12 Municipal Year Cabinet, Committees Total Number Council & Sub-Committees of Formal Etc. Councillor Committee Meetings Expected Actual Expected Actual Attended

Cheyne, B.J.F. 6 5 40 35 40 Elmer, C.J. 6 6 34 33 39 Odone, Mrs M. 6 6 34 33 39 Sadler, C.R. 6 6 33 32 38 Grey, T.J.C. 6 6 37 29 35 O’Reilly, J. 6 6 31 29 35 Randolph, Mrs. K. 6 6 31 27 33 Sheldon, Mrs M.C. 6 6 30 27 33 Herbert, G. 6 6 28 26 32 Waugh, S.J. 6 4 33 28 32 White, B. 6 6 28 26 32 Dodsworth, S. 6 6 35 25 31 Hawkins, S. 6 6 26 25 31 Mitchell, Mrs. D.M. 6 5 32 26 31 Cowin, Ms. B.A. 6 6 24 24 30 Kapadia, Mrs. S.R. 6 5 28 25 30 Egan, K. 6 6 25 23 29 Donaldson, I.T. 6 5 28 23 28 Macleod, M. 6 6 25 22 28 Butcher, J.V.C. 6 5 26 22 27 Saunders, Mrs. E.E. 6 6 25 21 27 Selleck, S.J. 6 6 24 20 26 Popham, T. 6 5 23 20 25 Turner, Mrs. J.R. 6 6 22 19 25 Hopkins, A.J. 6 4 20 20 24 Lyon, Mrs. R.J.M. 6 6 18 18 24 Shipley, Mrs. T 6 6 19 18 24 Gray, R.J. 6 4 20 19 23 Kelly, A.C. 6 6 17 17 23 Kopitko, A.H. 6 5 25 18 23 Fairbank, B. 6 5 17 17 22 Harman, P.M. 6 5 25 17 22 Hughes, Mrs. K. 6 6 25 16 22 Cross, Mrs. C.J. 6 6 17 15 21 Oliver, T.G. 6 6 17 14 20

- 72 -

Cartwright, J.C. 6 5 21 14 19 Gibbins, Mrs. C. 6 6 15 13 19 Mills, M. 6 6 13 12 18 Dabell, F. 6 5 17 12 17 Dennis, Mrs. S.J. 6 4 17 13 17 Fuller, Mrs. J. 6 6 11 11 17 Browne, J. 6 6 10 10 16 Elmer, Mrs. C. 6 6 9 9 15 Axton, M. 6 6 9 8 14 Donaldson, I. 6 5 9 9 14 Cooper, N.C. 6 5 9 8 13 Mitchell, Mrs. R. 6 6 7 7 13 Archer, D.J. 6 5 13 7 12 Bennison, M.J. 6 6 6 6 12 Dearlove, G.P. 6 5 7 7 12 Eldridge, V.G. 6 6 6 6 12 Robertson, Mrs. L. 6 6 5 5 11 Vickers, J.A. 6 6 5 4 10 Cooper, Mrs. E. 6 5 4 4 9 Desborough, S. 6 3 9 6 9 Sharp, Mrs. L. 6 5 9 3 8 Wells, S.J.E. 6 3 9 5 8 Cole, R.E. 6 5 4 2 7 Sheldon, J.G. 6 6 0 0 6 Lake, Rachael .I. 6 5 1 0 5

- 73 -

2010/11 Municipal Year Cabinet, Committees Total Number of Council & Sub-Committees Formal Etc. Councillor Committee Meetings Expected Actual Expected Actual Attended

Archer, D.J. 8 8 41 39 47 Sheldon, Mrs M.C. 8 7 37 35 42 Odone, Mrs M. 8 8 34 33 41 White, B. 8 7 38 34 41 Crowther, T.C 8 8 36 32 40 Mitchell, Mrs. D.M. 8 8 39 31 39 Sadler, C.R. 8 8 32 30 38 Grey, T.J.C. 8 8 37 29 37 Kelly, A.C. 8 8 29 29 37 O’Reilly, J. 8 7 31 30 37 Dodsworth, S. 8 6 29 26 32 Eldridge, V.G. 8 8 24 24 32 Waugh, S.J. 8 7 28 25 32 Fuller, Mrs. J. 8 7 26 24 31 Randolph, Mrs. K. 8 7 27 24 31 Courtney, M.A. 8 8 24 22 30 Egan, K. 8 8 25 22 30 Kapadia, Mrs. S.R. 8 8 27 22 30 Butcher, J.V.C. 8 8 25 20 28 Donaldson, I.T. 8 6 28 22 28 Elmer, Mrs. C. 8 8 20 20 28 Shipley, Mrs. T 8 8 19 19 27 Kopitko, A.H. 8 8 27 18 26 Lake, Rachael .I. 8 8 20 18 26 Turner, Mrs. J.R. 8 8 21 18 26 Cartwright, J.C. 8 7 22 18 25 Cross, Mrs. C.J. 8 6 19 19 25 Hopkins, A.J. 8 7 20 18 25 Hughes, Mrs. K. 8 6 26 19 25 Whittaker, R.G. 8 7 17 17 24 Fairbank, B. 8 7 16 16 23 Gibbins, Mrs. C. 8 6 27 17 23 Donaldson, I. 8 7 15 15 22 Lyon, Mrs. R.J.M. 8 7 19 15 22 Mitchell, Mrs. R. 8 7 16 15 22

- 74 -

Palmer, D.E. 8 5 27 17 22 Sheldon, J.G. 8 7 17 15 22 Dabell, F. 8 8 18 13 21 Oliver, T.G. 8 7 15 14 21 Browne, J. 8 8 12 12 20 Hawkins, S. 8 8 14 12 20 Mills, M. 8 8 12 12 20 Popham, T. 8 6 17 14 20 Selleck, S.J. 8 7 16 13 20 Dennis, Mrs. S.J. 8 6 18 13 19 Macleod, M. 8 8 11 11 19 Dearlove, G.P. 8 8 10 9 17 Cooper, N.C. 8 8 8 8 16 Cowin, Ms. B.A. 8 7 9 9 16 Robertson, Mrs. L. 8 8 8 8 16 Bennison, M.J. 8 7 7 7 14 Axton, M. 8 6 5 5 11 Cooper, Mrs. E. 8 8 4 3 11 Sharp, Mrs. L. 8 5 9 6 11 Vickers, J.A. 8 8 5 3 11 Cole, R.E. 8 5 7 5 10 Wells, S.J.E. 8 6 6 4 10 Cheyne, B.J.F. 8 8 0 0 8 Harman, P.M. 3 2 4 4 6 Desborough, S. 3 3 1 1 4

- 75 -

2009/10 Municipal Year Cabinet, Committees Total Number of Council & Sub-Committees Formal Etc. Councillor Committee Meetings Expected Actual Expected Actual Attended

Cheyne, B.J.F. 6 6 40 39 45 Tipping, D 6 6 39 37 43 Crowther, T.C 6 6 37 34 40 Fairbank, B. 6 6 33 32 38 Sadler, C.R. 6 6 31 30 36 Archer, D.J. 6 6 29 29 35 Eldridge, V.G. 6 6 29 29 35 Palmer, D.E. 6 6 31 28 34 Sheldon, Mrs M.C. 6 5 29 29 34 Taylor, R.H. 6 6 33 28 34 Bartlett, J. 6 6 28 27 33 Cartwright, J.C. 6 6 30 27 33 Donaldson, I.T. 6 6 30 27 33 Odone, Mrs. M. 6 6 30 27 33 White, B. 6 6 29 27 33 Shipley, Mrs. T 6 5 32 27 32 Butcher, J.V.C. 6 5 34 25 30 Grey, T.J.C. 6 6 26 24 30 Hopkins, A.J. 6 5 28 25 30 Cole, R.E. 6 6 29 21 27 Cross, Mrs. C.J. 6 6 24 21 27 Oliver, Dr. D. 6 6 27 21 27 Dodsworth, S. 6 6 25 20 26 Fuller, Mrs. J. 6 5 24 21 26 Donaldson, I. 6 5 21 20 25 Elmer, C.J. 6 6 24 19 25 Kapadia, Mrs. S.R. 6 5 24 20 25 O’Reilly, J. 6 6 23 19 25 Sheldon, J.G. 6 5 23 20 25 Lake, Rachael .I. 6 6 21 18 24 Randolph, Mrs. K. 6 5 21 19 24 Lowe, D.M. 6 6 23 17 23 Kopitko, A.H. 6 6 22 16 22 Lyon, Mrs. R.J.M. 6 6 20 15 21 Walsh, D.J. 6 6 17 15 21

- 76 -

Whittaker, R.G. 6 6 15 15 21 Browne, J. 6 6 14 14 20 Cowin, Ms. B.A. 6 6 15 14 20 Mulder, J.L. 6 5 15 14 19 Elmer, Mrs. C. 6 6 12 12 18 Macleod, M. 6 6 12 12 18 Wells, S.J.E. 6 4 16 14 18 Dearlove, G.P. 6 6 11 11 17 Harman, P.M. 6 5 23 12 17 Hawkins, S. 6 6 11 11 17 Turner, Mrs. J.R. 6 6 11 11 17 Courtney, M.A. 6 4 27 12 16 Gibbins, Mrs. C. 6 5 15 11 16 Selleck, S.J. 6 6 11 10 16 Bennison, M.J. 6 6 11 9 15 Cooper, N.C. 6 5 8 8 13 Sharp, Mrs. L. 6 3 13 10 13 Packer, D. 6 6 6 6 12 Popham, T. 6 6 6 6 12 Robertson, Mrs. L. 6 6 6 6 12 Vickers, J.A. 6 6 8 6 12 Axton, M. 6 6 6 5 11 Oliver, T.G. 6 6 6 5 11 Cooper, Mrs. E. 6 5 5 5 10

- 77 -

APPENDIX H The Council’s Senior Management Structure

Head of Asset Management & Property Services

Head of Audit Partnership (shared role with Spelthorne)

Head of Finance Strategic Director & Deputy Chief Executive

[Resources Head of Housing Services Directorate]

Head of ICT Services (shared role with Epsom & Ewell)

Head of Legal Services

Head of Local Taxation

Head of

Executive & Member Services

CHIEF

EXECUTIVE Head of Organisational Development

Head of Community Support Services

Head of Customer Services

Strategic Director Head of Environmental Services [Services Directorate]

Head of Leisure & Cultural Services

Head of Planning Services

- 78 -

APPENDIX I

Scheme of Officer Delegations as set out under Part 3 – Responsibility for Functions of the Council’s Constitution

General Provisions

There shall be delegated to the respective Officers all those duties specified in the following Orders of Delegation, but this shall be without prejudice to the right of any Officer to whom such duties are delegated to authorise other appropriate Officers within his/her Directorate or Division to exercise such duties in his/her name.

Any amendments, additions or deletions to the Orders of Delegation shall be subject to the approval of Council. Any decision taken under delegated powers shall be in accordance with Statute and policies already approved by the Council or Cabinet and be conditional upon appropriate financial provision for any expenditure involved having been made available in the estimates.

Reference to an Act of Parliament or subordinate legislation shall be deemed to include and extend to later legislation on the same subject.

Delegations

To the Chief Executive and Management Board a. Chief Executive:

i. Elections: To act as Electoral Registration Officer in the maintaining of the Electoral Register and as Returning Officer in the conduct of Local Government Elections and to exercise the functions and powers relating thereto (including the fixing and revision of fees payable at elections and the administration of Polling Places and Polling Stations), all in accordance with the provisions of the Representation of the People Act 1983 and the specified functions set out in Part D of Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000. ii. Assets of Community Value: To act as the Senior Officer responsible for reviews of listing and compensation decisions made under the Localism Act 2011 and the Assets of Community Value (England) Regulations 2012, including the administration of procedures for review set out in Schedule 2 to the Regulations. b. Management Board

i. To take any necessary action in the event of an emergency or arising in matters of health and safety within the terms of any Scheme approved by the Council from time to time.

- 79 - c. Chief Executive and appropriate member of the Management Board (in consultation with the Head of Personnel and in accordance with the Council’s Officer Employment Procedure Rules):

i. In the case of the Chief Executive to act as the Council’s Head of Paid Service under section 4 of the Local Government and Housing Act 1989 and to be responsible for the general management of the Council’s workforce and the authority, including the conduct of staffing matters and the settling of employment policies. In common with the other members of Management Board to control and administer the Council's staffing establishment up to and including Divisional Heads in relation to the following matters: 1. recruitment and selection 2. appointments 3. grading and salaries 4. training 5. leave paid or unpaid 6. overtime and other payments including merit awards 7. essential, casual and lease car usage 8. assisted car purchase 9. disciplinary and grievance matters 10. early retirement on the grounds of ill health 11. redundancy 12. restructuring within Directorates 13. the operation of Regulation 31 of the Local Government Pension Scheme Regulations 1997 as amended, regarding the early payment of pension benefits to employees leaving between the ages of 50 and 59 and deferred pensioners 14. the Council's Personnel procedures 15. the receipt of reports from the Employee Consultative Group. d. Chief Executive, or in his/her absence, the Head of Legal Services:

i. Authority to seek injunctions under Section 222 of the Local Government Act 1972 if necessary, to prevent the holding of Acid House or Pay Parties or other unlicensed parties in the Borough.

To the Strategic Director acting as Chief Finance Officer e. Strategic Director:

General Finance

i. To manage the Council's funding transactions, control of bank accounts and associated borrowing and investment in accordance with relevant Regulations and Codes of Practice, and to execute and administer Treasury Management decisions acting in accordance with the Council’s Policy Statement and Treasury Management Policies and CIPFA’s Standard of Professional Practice on Treasury Management.

- 80 - ii. To borrow on behalf of the Council such monies as may be authorised for Capital or Revenue purposes or for the purposes of paragraphs 1 and 13 of Schedule 13 to the Local Government Act 1972 and temporary money and money by way of mortgage. iii. Functions, powers and duties re: repayment of loans and borrowing from the Public Works Loan Board. iv. To lend money to such other authorities as are mentioned in paragraph 13(2) of Schedule 13 to the Local Government Act 1972. v. To negotiate and arrange lease finance of vehicles, plant and equipment and to sign such agreements. vi. To settle claims under the Personal Accident Insurance Policy where such claims have been agreed. vii. To implement national salaries and wages awards where no discretion is to be exercised. viii. To increase the maximum loan available under the assisted car purchase scheme from time to time in line with the then current price of the most popular 1300 c.c. family saloon cars and to determine the rate of interest payable on car loans. ix. To authorise expenditure for official hospitality on any one occasion. x. To deal with applications for the supply of Committee Agendas and Reports and Council Minutes at the current rates. xi. To grant in appropriate cases ex-gratia payments of up to £250 per person who has suffered loss or damage to personal property occurring during the course of normal duties. xii. To declare the local average rate of interest in respect of advances for house purchases and improvements and mortgages under the Housing Act. xiii. To write off the following:

1. stocks and stores up to £250 in any one case. 2. any debt arising from bankruptcy in which proof of debt is lodged. 3. all amounts in respect of irrecoverable Council Tax and Court Costs. 4. all amounts in respect of irrecoverable National Non-Domestic Rates. 5. all amounts in respect of irrecoverable Housing Benefit overpayments. 6. other irrecoverable debts of up to £2,000 to include court costs awarded but not recovered. xiv. To make amendments to the Council’s Accounting Policies as required by published Local Authority Accounting Panel Bulletins, or otherwise, except where such amendments would have a material impact on the Council’s Accounts or an effect on the Council Tax.

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Local Taxation

xv. Administration and collection of the Community Charge and Council Tax, National Non Domestic Rates (NNDR) (allowing statutory and discretionary relief to qualifying organisations) including the approval of mandatory and discretionary National Non-Domestic Rate Relief.

xvi. The administration of and use of discretion in relation to the local taxation system including acting on applications for discretionary rate refunds under Section 9 and for claims concerning partly occupied hereditaments under Section 25 of the General Rate Act 1967.

xvii. To issue Completion Notices for the purpose of the Local Government Finance Act 1988 (Schedule 4A).

xviii. To undertake, within the Council's policy, casual lettings of the meeting rooms at the Civic Centre, Esher.

Legal Proceedings

xix. To authorise the institution, carrying on or defence of any proceedings, or the taking of any step, including but not limited to the recovery of sums due to the Council, in connection with general rates, Council Tax, Council Tax benefits, national non-domestic rating or in relation to a valuation list which this Council is authorised or required to institute, carry on, defend or take, either as rating authority or as owner or occupier of property and to make affidavits and proofs of debt in cases of liquidation or bankruptcy affecting any debt to the Council. f. In consultation with the Strategic Director responsible for Services:

i. To grant easements or annual licences negotiated in accordance with Council policy granting rights of vehicular access over Common Land in the Council's ownership, including those which comply with the Council's criteria for recognising the existence of prescriptive rights but where the owner nevertheless requests the grant of a deed of easement.

ii. To deal with estate management matters in respect of leased or licenced land and property including the grant and renewal of existing leases and licences for a period not exceeding one year.

iii. To exercise the Council's functions, powers and duties in relation to the determination of trading rights agreements when rent arrears have accrued and to institute proceedings to regain possession of the site.

iv. To make representations including the lodging of an objection if considered necessary, in respect of applications under the Transport Act 1968, or the Transport Act 1995, for the use as operating centres of properties situated within the Borough.

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Council Tax Benefit and Housing Benefit

i. To administer the Housing Benefit and Council Tax Benefits Systems including:

 determining such persons who qualify under the hardship provisions of the schemes;

 considering and acting upon applications for Council Tax Benefit;

 deciding upon the merits of late applications for Council Tax Benefit when considering the loss of benefit entitlement, particularly in the following cases:

- First application resulting from ignorance of procedure.

- Bereavements.

- Any error on the Council's part.

- Absence from home e.g. hospital.

- Poverty cases not covered by Social Security.

- Confused in mind.

- Older Persons

Private Sector Property

viii. To serve Notices requiring the improvement and repair and the abatement of nuisances and conditions prejudicial to health, the reinstatement of water, gas or electricity supplies and the abatement of overcrowding and to carry out works required by Notices either by agreement or in default and to recover costs of such works, or to authorise legal proceedings.

ix. To exercise the powers of authorisation set out in Section 243 Housing Act 2004 as follows:-

- Section 131 (management orders: power of entry to carry out work) - Section 235 (power to require documents to be produced) - Section 239 (powers of entry) - Paragraph 3(4) of Schedule 3 (improvement notices: power to enter to carry out work) and - Paragraph 25 of Schedule 7 (Empty Dwelling Management Orders: power of entry to carry out work)

x. In consultation with the Council's Valuers, to grant loans for house purchase and construction or loans for altering, enlarging, repairing or improving houses, or for converting buildings into houses, within prescribed limits and the Council's policy.

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xi. To authorise adaptations to dwellings for disabled tenants.

xii. To undertake works of improvement, repair or adaptation to dwellings on behalf of individual householders at their expense in accordance with the Council's Care and Repair Scheme and as provided for in current Housing and related Acts and to charge a fee for this service in accordance with the Council's current policy.

xiii. To approve and refuse grants for improvement, conversion, repair and adaptations of dwellings and houses in multiple occupation and to authorise the Strategic Director of Resources to make payment during and at completion of works.

xiv. In consultation with the Portfolio Holder to:

1. consider the merits of grant applications that fall outside the Housing Renewal Grants Policy; and 2. vary the criteria and conditions attached to Grant Aid to ensure that expenditure is optimised within the allocated budget with such action being reported to the next appropriate meeting of the Committee.

Housing

xv. To fulfil all statutory obligations relating to the housing of homeless persons.

xvi. Subject to the approval of the Portfolio Holder, to reduce levels of charges for bed and breakfast accommodation in cases of hardship.

xvii. Approval to enter into agreements to lease residential property for the purpose of accommodating the homeless where the cost of leasing was determined to be less than the cost of bed and breakfast accommodation.

Asset Management

xviii. In consultation with the Portfolio Holder for Resources, to decide whether land is appropriate for inclusion in the list of assets of community value, to determine community nominations in that respect, in accordance with sections 87-108 Localism Act 2011 (“the Act”) and the Assets of Community Value (England) Regulations 2012 (“the Regulations”), and to make all relevant notifications under the Act and to determine compensation payable to owners pursuant to regulations 14 and 15 of the Regulations. xix. Approval of terms for miscellaneous acquisitions and disposals of property up to a value of £50,000.

xix. Approval of terms for property disposal by way of grant or assignment of lease for terms not exceeding 5 years.

xx. To sell land held under tenancies at will where it is considered appropriate and to agree suitable terms for the sale of such land.

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To the Strategic Director responsible for Services: g. Strategic Director responsible for Services:

Lettings

i. Casual lettings of the Stompond Lane Sports Ground, the Leisure Centre, the pleasure grounds, the swimming pools, the public open spaces and the recreation grounds, including the public playing facilities thereon.

ii. The hiring, letting and use of public halls.

v. The letting of allotments and in consultation with the Strategic Director of Resources, the Service of Notice to Quit on allotment tenants for non- payment of rent and for non-cultivation.

vi. To grant permission for the siting of demountable advertisements at Stompond Lane Sports Ground.

Leisure and Cultural Services

vi. To administer Contracts relating to the provision of Leisure and Cultural Services to ensure cost effectiveness and service standards including the provision of references to external agencies on the performance of Contractors employed in the provision of Leisure and Cultural Services.

vii. To market and promote Leisure and Cultural Services in order to maintain or increase usage and income.

xviii. To undertake maintenance, improvement, additions or refurbishment to Leisure assets to ensure they meet public expectations.

xix. To provide professional Grounds Maintenance and Leisure Management Services to other divisions of the Authority and external bodies.

xx. To nominate ‘authorised officers’ for the purposes of issuing fixed penalty notices under Section 4 of the Dogs (Fouling of Land) Act 1996.

xxi. To determine the appropriateness of artefacts offered for incorporation into the Museum collection.

xxii. To consult with external agencies in respect of the Authority's legal obligations under the Wildlife and Countryside Act 1981 and the Law of Property Act 1925 as they relate to Elmbridge's Commons.

xxiii. To determine landscape and bedding schemes for recreation land.

xxiv. To carry out any necessary works in default of compliance with notices served by the Strategic Director of Services.

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xxv. To approve requests from non-political organisations to use The Green adjoining the site of the former Town Hall, Walton-on-Thames for local events. xxvi. In consultation with the Leader and Portfolio Holder, to complete and submit consultation forms of the National Lottery distributing bodies for the arts, sports and heritage. xvii. To exercise functions in respect of the use and management of commons, including functions relating to Part 1 Commons Act 2006 and Commons Registration (England) Regulations 2008.

Burials xxvii. To deal with matters relating to interment and memorials on graves within the Council's Regulations. xxviii. To issue and seal Grants of Exclusive Rights of Burial, to enter into and sign agreements for the maintenance of grave spaces and to approve non-lawn type headstones, together with any associated surrounds, in respect of graves at Weybridge, Burvale and Walton Cemeteries which constitute infilling within an area where the other graves are non-lawn type. xxix. To arrange for burial or cremation of the dead in performance of the Council's duty under the Public Health (Control of Diseases) Act 1984.

Community Support Services xxix. To provide or secure, promote and maintain the following Community Support Services:

 Day Centres for the maximum benefit of the elderly;

 a meal service in conjunction with voluntary agencies including Meals-on- Wheels and frozen meals;

 a community transport service;

 a Community Alarm Service; and

 a sitting service to support carers of dementia sufferers and others with disabilities.

Miscellaneous xxx. To serve the appropriate notice in respect of premises occupied unlawfully by trespassers or squatters and instigate the necessary proceedings to recover possession of the premises.

- 86 - xxxi. To issue Site Licences for caravan sites in accordance with current legislation and Model Standards issued by the Department of the Environment. xxxii. To serve Notices in accordance with appropriate legislation requiring the protection of unoccupied buildings previously occupied as dwellings and to undertake works where necessary for the purpose of preventing unauthorised entry or to prevent danger to public health and to recover the costs of such works. xxxiii. To appoint Consultants in accordance with the Council's Financial Procedure Rules. xxxiv. To exercise such powers in respect of Community Safety Orders in accordance with appropriate legislation. The Portfolio Holder and ward councillor to be advised of any case where a Community Safety Order is to be applied for. xxxv. To arrange Deeds of Release and Deeds of Assignment. xxxvi. To sell land held under tenancies at will where it is considered appropriate and to agree suitable terms for the sale of such land. xxxvii. To make decisions on grant allocations in consultation with the Small and Medium Grant Member Working Group.

Environmental Health xxxvii. With regard to the Clean Air Act 1993:

to receive, approve and reject applications made under Sections 7, 14 and 15 of the Act;

serve and enforce notices under the provisions of the Act and to recover any expenses thereby incurred;

carry out measurements, investigations and research under the Act;

report to the responsible Minister contraventions of the Act in respect of Crown premises. xxxviii. To serve and enforce abatement/statutory notices in respect of the following legislation:

Building Act 1984 Food Safety Act 1990 (as amended) Public Health Act 1936 Public Health Act 1961 Public Health (Control of Disease) Act 1984 (as amended) Water Industry Act 1991

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Control of Pollution Act 1974 Clean Air Act 1993 Prevention of Damage by Pests Act 1949 xxxix. With regard to various provisions under the Environmental Protection Act 1990 (as amended), the Pollution Prevention and Control Act 1999 and the Environmental Permitting Regulations 2007:

to issue authorisations or permits, enforcement notices, prohibition notices and the appointment of Inspectors.

(Note: authority is also extended to all Environmental Health Officers and Assistants in the Environmental Health Division in respect of matters dealt with, under Part III of the 1990 Act (as amended), out of normal office hours, which are considered to be sufficiently urgent to require the service of a statutory notice before the next working day. This includes the service and enforcement of statutory notices made in respect of noise nuisance from car and house alarms, whether in or out of office hours)

Under Part IIA of the 1990 Act to:

determine whether contaminated land constitutes a special site and give notice of such determinations;

refer special site decisions to the Secretary of State and notify the relevant persons of such referrals;

maintain registers of contaminated land enforcement activity and for that purpose make determinations and serve notices regarding what should and should not be included in such registers;

authorise suitable persons which may include staff of appointed consultants or staff of other external organisations, to carry out duties under Part IIA of the Act.

In consultation with the appropriate Portfolio Holder and under Part IIA of the Act to:

give notice of the identification of contaminated land;

consult interested parties in respect of proposed remediation notices and serve and enforce remediation notices;

prepare and publish remediation declarations and remediation statements;

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make determinations of appropriate persons to bear responsibility for remediation of land and the apportionment of the costs of remediation actions and to determine hardship thereunder;

carry out remediation works under the provisions of Section 78N of the Act;

recover all or any part of costs incurred in carrying out remediation and for that purpose serve and enforce charging notices. xl. To exercise powers of entry, to serve and enforce notices and to authorise officers to act on behalf of the Local Authority in exercise of its functions under Part 3 and Schedule 3 of the Act in respect of nuisance complaints. xli. With regard to the Local Government (Miscellaneous Provisions) Act 1976 (as amended):

to take appropriate action and serve notice under Section 20;

to take action under Section 29 in respect of boarding up buildings which have become vacant;

to carry out necessary works under Section 35 of the Act in connection with removal of obstructions from private sewers in default of compliance with notices served under that Section. xlii. With regard to the Local Government (Miscellaneous Provisions) Act 1982:

to undertake duties under Section 14-17 of the Act relating to the registration of persons carrying out tattooing, ear or cosmetic piercing and electrolysis. xliii. With regard to the Sunday Trading Act 1994 and Christmas Day (Trading Act) 2004:

to enforce the provisions of the Acts and to authorise officers as inspectors under the 1994 Act;

to receive Notices of intended Sunday opening from occupiers of large shops, to maintain a public register of such Notices and agree shorter periods than 14 days for Sunday Trading Notices to take effect;

to maintain a Register of Particulars of Notices given under Part II of Schedule 2 of the 1994 Act in respect of persons observing the Jewish Sabbath;

to issue loading and unloading consents in cases where following consultation with local ward councillors it is considered that undue annoyance would not be likely to be caused to local residents and to attach appropriate conditions following such consultation, to determine the need for varying the conditions attached to any consent in consultation with local ward councillors and serve notice of such variances on consent holders.

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Hackney Carriage and Private Hire xliv. To issue and renew Hackney Carriage vehicle and drivers licences, Private Hire vehicles, operators, and drivers licences to suitable applicants. xlv. To attach to any individual driver, vehicle and operators licence such conditions as may be deemed reasonably necessary. xlvi. To determine what period, being a period not exceeding three years, for which a Hackney Carriage or Private Hire vehicle licence should remain in force. xlvii. To determine whether vehicles that are the subject of a licence application are suitable, safe and comfortable. xlviii. To require Hackney Carriage and Private Hire vehicles to be presented for inspection and testing. xlix. To require the production of Hackney Carriage or Private Hire Drivers operators, or vehicle licences. l. To determine whether applicants for a Hackney Carriage or Private Hire drivers licence are fit and proper persons to hold a driver’s licence. li. To approve the substitution of vehicles where satisfied as to the mechanical condition and suitability of the vehicle for use as a Hackney Carriage vehicle or Private Hire vehicle. lii. To issue permits for small passenger carrying vehicles (those adapted to carry more than eight but not more than sixteen passengers). liii. To issue permits for large passenger carrying vehicles (those adapted to carry more than sixteen passengers). liv. To suspend Hackney Carriage and Private Hire operators and drivers licences, subject to notifying the Portfolio Holder for Regulatory Affairs, or Chairman, or Vice Chairman, of the Licensing Committee, as soon as practicable thereafter. lv. To suspend Hackney Carriage and Private Hire vehicle licences. lvi. Where appropriate to revoke, refuse to grant or renew Hackney Carriage and Private Hire licences, subject to the overriding requirement to refer the matter to the Licensing Sub-Committee in the circumstances contained within the Sub-Committee’s delegated authority, and subject to notifying the Portfolio Holder, or Chairman, or Vice Chairman, of the Licensing Committee, as soon as practicable thereafter. lvii. To require the provision of information in connection with an application for a licence.

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lviii. To require the return of identification plates or discs upon the revocation or suspension of licences. lix. To authorise Officers of the Council to act under the provisions of the Local Government (Miscellaneous Provisions) Act 1976 and all other legislation enforced by the Council in respect of Hackney Carriage and Private Hire vehicle, driver or operator licensing.

Noise lx. Under the Noise Act 1996:

to authorise and appoint Environmental Health Officers to undertake the functions set out in Sections 2-9 of the Act. lxi. To apply for warrants of entry and to prosecute offences under Section 10 of the Act and to authorise Officers to apply for warrants of entry. lxii. To give prior consent for works in accordance with Section 61 (Control of Noise on Construction Sites) of the Control of Pollution Act 1974 and to publish notices, if necessary, of consents given under that Section. lxiii. To agree response times of up to 45 minutes for audible intruder alarms. lxiv. To grant or refuse applications under Schedule 2 of the Noise and Statutory Nuisance Act 1993, to attach conditions to any application granted under Schedule 2 and to advertise such applications where it is considered necessary. lxv. To authorise consultants’ staff as appropriate under the Environmental Protection Act 1990 and related legislation, for the purposes of out-of-hours response service.

Smokefree Legislation lxvi. To administer and enforce the smokefree provisions of the Health Act 2006 and regulations made thereunder.

Animals lxx. To appoint a consultant veterinary surgeon to assist environmental health staff in duties associated with animal welfare and to authorise official veterinary surgeons in respect of Sections 9, 10, 12, 29 and 32 of the Food Safety Act 1990. lxxi. To carry out duties under the Guard Dogs Act 1975, the Dangerous Wild Animals Act 1976, the Zoo Licensing Act 1981 and the Animal Welfare Act 2006.

- 91 - lxxii. To grant, renew, vary, transfer or cancel licences or registrations issued under the following legislation:

Animal Boarding Establishments Act 1963 Riding Establishments Acts 1964 and 1970 Dangerous Wild Animals Act 1976 Zoo Licensing Act 1981 Breeding of Dogs Act 1973 Pet Animals Act 1951 Guard Dogs Act 1975 Animal Welfare Act 2006 lxxiii. To carry out responsibilities relating to the seizure of stray dogs and the enforcement of the collar and tag provisions under the Environmental Protection Act 1990 and related stray dog legislation.

Miscellaneous lxxvi. To set the levels of fees and charges in respect of those matters dealt with by the Environmental Health and Licensing Division including those for pest control, except that any proposed fee increases which significantly exceed inflation be reported to the Cabinet for confirmation. lxxvii. To seize and dispose of pesticides in accordance with Section 16 of the Food and Environment Protection Act 1985 and appoint officers to do so. lxxviii. To appoint Officers formally in accordance with Section 108 of the Environment Act 1995 and to authorise those Officers to act on the Council's behalf in respect of the powers and duties contained in Sections 108 and 109 of the Act. lxxix. Under Section 47 of the National Assistance Act 1948 and the National Assistance (Amendment) Act 1957 make applications to courts or magistrates, serve and enforce notices, and recover any costs incurred, and to the consultants in communicable disease control of the Council’s constituent Health Authorities or any doctor holding an appointment which includes the duties of such a consultant, to act as the Council’s proper officer for the certification of matters dealt with under those Sections. lxxx. To designate the Proper Officer in respect of the Public Health (Control of Diseases) Act 1984 (as amended) and Regulations made thereunder and particularly to act in that capacity with regard to food and water borne diseases and the exclusions of food handlers from food businesses. lxxxi. The powers relating to an Enforcement Authority under Sections 11 & 12 of the Food Safety Act 1990 (as amended) and those relating to a Food Authority under Sections 23 & 28 of the Act and any Orders or Regulations made thereunder or relating to the foregoing or having effect by virtue of the European Communities Act 1972 and any modification or re-enactment of the foregoing.

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lxxxii. To carry out the duties and responsibilities under the Water Industry Act 1991 - Sections 77, 77(1) & (2), 78, 78(1) & (2), 79, 79(2), 80, 80(1), 81, 81(4), 82, 82(1) & (2), 82(6), 83, 84, 84(1) to (5) & (7), 85 and 85(1). (Reference Environmental Services Committee 11 March, 1992.) lxxxiii. To authorise Officers in respect of Sections 9, 10, 12, 29 & 32 of the Food Safety Act 1990 (as amended) and any Orders or Regulations made thereunder or relating to the foregoing or having effect by virtue of the European Communities Act 1972 and any modification or re-enactment of the foregoing. lxxxiv. To enter premises, require information and serve notices under the Food Safety and Environmental Protection Act 1985 and any Orders or Regulations made thereunder or relating to the foregoing or having effect by virtue of the European Communities Act 1972 and any modification or re- enactment of the foregoing. lxxxv. To appoint and authorise staff from the Health Protection Agency (or any successor body) under the requirements of the Public Health (Control of Disease) Act 1984 (as amended) and associated Regulations. lxxxvi. To grant licences, determine suitability, decide on revocation and deal with notifications under the Scrap Metal Dealers Act 2013. lxxxvii. To appoint inspectors under the Health and Safety at Work Etc. Act 1974 and to issue instruments of appointment to the Environmental Health Service to carry out the duties thereunder and in particular all or any of Sections 20 (2) (a) to (m) inclusive, 21, 22 and 25, any health and safety regulations, the provisions of the Acts mentioned in Schedule 1 to the 1974 Act which are specified in the third column of that schedule and of the regulations, orders or other instruments of a legislative character made or having effect under any provision so specified as in force from time to time. lxxxviii. To take all necessary administrative steps for the transfer or assignment of premises referred to in Regulations made under the Health and Safety at Work Act 1974 and for the resolution and subsequent allocation in respect of any premises where there is uncertainty as to which is the Enforcing Authority. lxxxix. To serve and enforce notices under Sections 46 and 47 of the Environmental Protection Act 1990 (receptacles for household waste). lxxxx. To grant, renew, transfer, vary or cancel, occasional and annual licences, certificates or authorisation under the Hypnotism Act 1962 where no objections to the applications have been received and to issue such licences subject to any additional conditions or relaxations of the Council’s standard regulations and conditions as are considered appropriate in the circumstances of the case and are in accordance with best practice.

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lxxxxi. To undertake the appropriate registrations in respect of food premises. h. Strategic Director responsible for Services and Head of Environmental Services

Alcohol, Entertainment and Late Night Refreshments (Licensing Act 2003)

General

i. To appoint officers for the purpose of carrying out the Authority’s duties under the Licensing Act 2003, Hypnotism Act 1952, Theatres Act 1968, Gaming Act 1968, the Lotteries and Amusements Act 1976 and Cinemas Act 1985.

ii. To carry out all the duties and functions generally of the Licensing Authority under the Act except where specifically precluded from doing so under the provisions of the Act

iii. To compile, maintain and make available to the public a register under the provisions of Section 8 of the Act

Premises Licences

iv. To determine whether applications under Section 18 for premises licences have been properly made and the provisions of Section 17(5), 18(6), 18(7) have been satisfied and to grant such licences and to attach conditions to such licences where no relevant representations are made and not withdrawn.

v. To determine whether applications for a provisional statement under Section 30 have been properly made and to issue such statements under Section 31(2) where no relevant representations have been made and not withdrawn.

vi. To determine whether applications for variations of premises licences under Section 34 have been properly made; to determine such applications and to attach conditions to the varied licence, under Section 35(2), where no relevant representations have been made and not withdrawn; and to give notice to persons specified under Section 36(1) of the grant.

vii. To determine whether applications for the variation of a premises licence to specify a premises supervisor under Section 37 have been properly made; to determine such applications under Section 39(2) where no Police representations have been made, and not withdrawn; to give notice to the persons specified under Section 39(4) of the grant and to specify a time when the variation shall take effect

viii. To determine whether applications for the transfer of a premises licence under Section 42 have been properly made; to determine whether the applicant should be exempted under Sections 43(5) and 44(6); and to - 94 -

transfer such applications under Section 44(2), where no Police representations have been made and not withdrawn; and to give notice to the persons specified under Section 45(1) of the grant of the variation and to determine the time when the transfer takes effect. ix. To determine whether interim authority notices under Section 47 have been properly lodged and to issue copies of licences and licence summaries under Section 49(1).

Club Premises Certificates x. To determine whether a club or miners welfare institute, is a qualifying club under Section 61, 62, 65 and 66 and to give the club or institute notice of this determination and its reasons for it. xi. To determine whether applications for club premises certificates under Section 71 have been properly made; and where satisfied that the conditions of Section 72 have been complied with to grant such certificates, with any necessary conditions, where no relevant representations have been received and not withdrawn; and to reject such applications and to notify the relevant persons where not satisfied; and to give notices under Section 77 of the grant of such applications. xii. To issue copies of club premises certificates under Section 79 xiii. To amend club premises certificates under Section 82 and 83. xiv. To determine whether applications for the variation of club premises certificates under Section 84 have been properly made; and where satisfied that the conditions of Section 85 and 86 have been complied with, to grant such applications, with any necessary conditions, where no relevant representations have been received and not withdrawn; and to reject such applications in whole or in part, and to notify the relevant persons where not satisfied; and to give notices under Section 86 of the grant of such applications. xv. To determine under Section 86 whether an application to vary a certificate under Section 85 is such as to vary substantially the premises or not. xvi. To amend certificates and to issue new summaries of certificates under Section 93; to require secretaries of clubs to produce certificates under Sections 93 and 94; to serve notices under Section 96(5).

Temporary Event Notices xvii. To acknowledge in the prescribed form those Temporary Events Notice served on the Authority in accordance with Part 5 of the Act; to determine whether subsections (2), (3), (4), or (5) of Section 107 applies and to serve counter notices under Section 107; to determine whether applications for copies of Temporary Events Notices have complied with Section 110(4) and where they have, to issue a copy of the Notice.

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Personal Licences xviii. To determine whether applications for the grant or renewal of Personal Licences have been properly made under, and meets the conditions of Sections 117, 120 and 121 and to reject the application if it does not or to grant the application if it does where no valid objections have been received from the Police and not withdrawn; to give notices to the Police under Sections 120(4) and 124(2); to issue copies of licences under Section 126; to make updating amendments to licences and to require the production of licences under Section 134;

Transitional Provisions xix. To determine whether applications under Schedule 8 for the conversion of an existing licence or Club Certificate or for the grant of a Personal Licence has been properly made and to reject the application if it does not; to grant such applications (subject to any necessary conditions) where no valid notice in respect of the application has been received from the Police and not withdrawn; to give notice to the applicant and the Police of any grant or rejection of an application.

Representations xx. To determine whether representations are relevant representations or are frivolous or vexatious or repetitious; to reject grounds for reviews for those reasons; and to notify persons who made them of the reasons for such determinations under the provisions of Sections 18, 18, 31, 31, 35, 36, 51, 72, 85, 87, 167. xxi Minor variations

To determine whether applications made under Section 41A or Section 86A of the Act for a minor variation satisfy the requirements for minor variations and to reject such applications that do not;

To consult such authorities as is considered appropriate and to take into account any relevant representations made by responsible authorities or interested parties;

To grant applications for minor variations to Premises Licences or Club premises Certificates where the requirements of the Act are fulfilled; and

To give notice to applicants for minor variations to Premises Licences or Club premises Certificates of any variation which is to have effect as a result of the grant of the application and the time at which the variation is to take effect.

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xxii Community Premises

To determine whether premises fall within the definition of community premises and to reject applications where it does not;

To determine whether an applicant under Section 25A of the Act falls within the definition of management committee and to reject applications where it does not;

To determine whether the arrangements for the management of the premises are sufficient to ensure adequate supervision for the supply of alcohol;

To determine applications under the provisions of Section 35 of the Act as amended;

To determine applications for a review of a Premises Licence under the provisions of Section 52 as amended;

To determine whether, in the light of any representations received, there is a need to include the conditions in subsections (2) and (3) of Section 19;

To grant applications with alternative licence conditions as defined in Section 25A of the Act; and

To vary Premises Licences under the provisions of Section 41C such that alternative conditions are applied to the licence instead of those required by Section 19 (2) and (3) of the Act.

Legal Proceedings

xxiii. In respect of offences under the following sections of the Act authority to decide to commence legal proceedings: Sections 33(6), 41(5), 82(6), 93(3), 94 (5), (6), and (9), 96(5), 108(3), 109(4), 109(8), 123(2), 127(4), 132(4), 134(5), 135(4), 136(1), 137(1), 138(1), 140(1), 141(1), 142(1), 143(1), 144 (1), 145(1), 146(1), 147(1), 148(1), 149(1), 150(1), 151(1), 152(1), 153(1), 156(1), 158(1), and 160(4), 161(6), 165(7), 179(4), paragraph 22 of Schedule 8.

Closure of Licensed Premises

xxiv Authority be delegated to the Strategic Director – Services and to the Head of Environmental Services to exercise all powers under sections 19 to 28 of The Criminal Justice and Police Act 2001, including:

 serving and cancelling closure notices;  making applications for closure orders;  issuing certificates of termination of closure orders;  defending applications for the discharge of closure orders;  appealing against the refusal to make closure orders;

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 enforcing closure orders;  prosecuting for obstruction of authorised offices or for offences in connection with closure orders; and  authorising officers to exercise all or any of these powers.

Ancillary Legislation xxv. To authorise exhibitions, demonstrations or performances of hypnotism under the provisions of Section 2 of the Hypnotism Act 1952 xxvi. To grant and renew permits for the purpose of Section 34 and Schedule 9 of the Gaming Act 1968 and to take enforcement action in respect of offences prosecutable by the Licensing Authority under that Act. xxvii. To grant and renew permits for the purposes of Section 16 and Schedule 3 of the Lotteries and Amusements Act 1976 and to take enforcement action in respect of offences prosecutable by the Licensing Authority under that Act.

Delegation of Powers (making representations, requesting Reviews, lodging appeals)

Authorised Person and Responsible Authority

The following powers are delegated to the Strategic Director of Services, to the Head of Environmental Services and to the Head of Planning Services as Authorised Persons and on behalf of the Council as a Responsible Authority under Section 13. The following powers are also delegated to those Officers of the Council appointed as Officers under the provisions of the Health and Safety at Work etc Act 1974: xxx. To make, and where deemed necessary to withdraw, representations in respect of applications made under the provisions of Sections 18, 31, 34, 42, 51, 71, 84. xxxi. To make applications for the review of premises licences under Section 51, club premises certificates under Section 87 of the Act on behalf of the Council as a Responsible Authority in whatever capacity. xxxii. To make applications of appeal to the courts against the decision of the Magistrates’ Courts under Section 166. xxxiii. To make applications of appeal to the courts against the decision of the Licensing Authority under Schedule 5 of the Act.

Gambling Act 2005 xxxiv. To provide the Gambling Commission with any information which the Gambling Commission requires the Authority to provide under the provisions of Section 29.

- 98 - xxxv. To prosecute for offences under the following Sections of the Gambling Act: Sections 37, 185, 186, 229, 242, 258, 259, 260, 261, 262, 326,342, paragraph 20 of of Schedule 10, paragraph 10 of Schedule 13, paragraph 20 of Schedule 14. xxxvi. To receive occasional use Notices under the provisions of Section 39. xxxvii. To designate officers of the Licensing Authority as authorised persons under the provisions of Section 304. xxxviii. To refuse to provide copies of the register of premises licences where the person seeking it does not pay the reasonable fee specified by the Authority. xxxix. To determine whether a person is an interested party by virtue of them falling within the provisions of Section 158 subsections (a) or (b) or (c). xl. To receive applications under Section 159 in respect of premises licences, to determine whether they are valid applications and to reject invalid applications and to grant applications where no valid representations have been lodged or where lodged have been withdrawn. xli. To receive representations under the provisions of Section 161, to determine whether they are valid, and to reject invalid applications. xlii. To make, and to withdraw, representations to the Licensing Authority as a responsible Authority under the provisions of Section 161 in whatever terms absolute or conditional. xliii. To determine applications where the representations are deemed to fall within the provisions of Section 162 (3) (a)(b)(c). xliv. To consent to the determination of an application for a premises licence where a representation has been lodged by the Licensing Authority as a responsible Authority. xlv. To agree to settlements out of court where an appeal against the decision of the Licensing Authority has been lodged by the Authority as a responsible Authority. xlvi. To propose to attach conditions to a licence under Section 169(1)(a). xlvii. To propose to exclude under Section 169(1)(b) a condition that would otherwise be attached by Section 168. xlviii. To grant applications made under Section 159 where no valid representations have been lodged or where lodged have been withdrawn. xlix. To give notices to the relevant persons and bodies under Section 164(1) and Section 165(1).

- 99 - l. To propose to attach a condition to the premises licence or to exclude a condition that would otherwise have been attached to the licence by virtue of Section 168. li. To receive applications under the provisions of Section 187 to determine whether they are valid, to reject invalid applications and to grant valid applications where no valid representations have been lodged or where lodged have been withdrawn. lii. To receive applications under the provisions of Section 188 to determine whether they are valid, to reject invalid applications, to grant valid applications and to issue a transferred licence where no valid representations have been lodged or where lodged have been withdrawn. To determine whether it would be wrong to grant such an application having regard to representations made under Section 161 and in such cases to refuse the application. liii. To determine under the provisions of Section 190 whether a licence has been lost, stolen or damaged and where lost or stolen that the fact has been reported to the Police. Where so satisfied that it has been lost, stolen or damaged to issue copies of the premises licences. liv To revoke licences under the provisions of Section 193. lv. To make determinations under Section 194. lvi. To receive and consider applications for the reinstatement of a premises licence under Section 195 and to grant such an application where no representations have been received. lvii. To initiate a review under Section 200 in relation to premises licences or matters connected with the use of a premises. lviii. To receive and consider Temporary Use Notices and to determine their validity; to acknowledge receipt of Temporary Use Notices; to make and withdraw objections to Temporary Use Notices; to propose modifications to Temporary Use Notices submitted to the Licensing Authority; to lodge an appeal or defend an appeal in respect of a Temporary Use Notice; to endorse and return Temporary Use Notices; and to maintain a public register of Temporary Use Notices all under the provisions of Sections 219 220 and 221 Gambling Act 2005. lix. To issue Provisional Statements under the provisions of Section 204 where no valid representations have been lodged or where lodged have been withdrawn. lx. To undertake activities authorised by the provisions of Section 305. lxi. To enter premises under the provisions of Section 307, 309, 310, 311, 313, 314, 315.

- 100 - lxii. To exercise the powers contained within Section 317, 324, 350. lxiii. To make applications to justices of the peace and to exercise the powers granted under Section 318 and 319. lxiv. To receive applications for permits under Schedule 10, to determine whether they are valid, to consider them, to grant or refuse them, and to receive and consider oral or written representations regarding them. lxv. To receive and consider applications under Part 5 of Schedule 11 to register a lottery, to register, refuse to register, to revoke registrations and to cancel registrations. lxvi. To receive applications for permits under Schedule 12 for club gaming permits and club machine permits, to determine whether they are valid and to grant them where no valid objections have been lodged or where lodged have been withdrawn. To re-issue permits where there is a change of the holder’s name, to renew such permits, to notify holder’s of their lapse, to issue copies where they are satisfied that the permit has been lost, stolen or damaged and where lost or stolen that the loss or theft has been reported to the Police. To cancel permits under paragraph 21, where no request for a hearing by a Sub-Committee has been made. To cancel permits under the provisions of paragraph 22. lxvii. To receive and consider applications under Schedule 13 for gaming machine permits, to grant, to refuse, or to grant in respect of a smaller number of machines or a different category of machines than that applied for. To re- issue permits where there has been a change of the holder’s name. To receive and consider oral or written representations from applicants. To issue copies of permits where satisfied that the original has been lost, stolen or damaged and where the loss or theft has been reported to the Police. To vary, cancel or transfer permits. lxviii. To receive and consider applications under Schedule 14 for prize gaming permits, and to grant or refuse them. To re-issue permits where there has been a change of the holder’s name. To receive and consider oral or written representations from applicants. To renew permits. To issue copies of permits where satisfied that the original has been lost, stolen or damaged and where the loss or theft has been reported to the Police.

Miscellaneous lxix. To register Societies under Part I of Schedule 7 to the Betting, Gaming and Lotteries Act 1963, in all cases where there is no doubt that the Societies fulfil the requirements of the Act, subject to the submission of an annual report on the Societies newly registered. lxx. To issue house to house collection permits to organisations not holding a Home Office Exemption Certificate, and street collection permits to organisations’ who have been granted such permits previously.

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Sex Establishment Licensing

1. to enforce the provisions of Part II and Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982; 2. to appoint Officers of the Council to enforce the provisions of Part II and Schedule 3 of the Act; 3. to exercise the powers of entry, and to authorise Officers to exercise the powers of entry, conferred by paragraph 25 of Schedule 3 of the Act; 4. to apply for and to authorise Officers to apply for warrants to enter premises under paragraph 25 of Schedule 3 of the Act; 5. to determine whether any premises, vessel, vehicle or stall constitutes a sex establishment under the provisions of the legislation; 6. in consultation with the Chairman of the Licensing Committee, to waive the requirement for a licence in any case where it is considered that to require a licence would be unreasonable or inappropriate, to determine what period such a waiver shall apply for, and to terminate such waivers in accordance with paragraph 7(7) of Schedule 3; 7. to determine what particulars may be required in connection with an application; 8. to determine the form which notices given under paragraphs 10 (11) and 10 (12) of Schedule 3 of the Act shall take; 9. to determine whether objections given to the authority are valid or not; 10. to give notice to applicants of objections received; 11. to have regard to observations submitted to the authority by the Police; 12. to transfer licences; 13. to refer to a Licensing Sub-Committee any licence where Officers consider that the licence should be revoked; 14. in consultation with the Chairman of the Licensing Committee, to refuse any application for the grant or renewal of a licence where the requirements of paragraph 12 (a) (b) (c) (d) (e) or 3(c) of Schedule 3 of the Act have not been met; 15. to cancel licences following the written request of the licence holder; 16. to determine the reasonable fee to be charged for supplying copies of standard terms, conditions and restrictions applicable to licences for sex establishments adopted by the Council; 17. to send copies of licences granted to the chief officer of Police for the area; 18. to consider applications for and to extend or further extend the period for which a licence shall remain in force after the death of a licence holder; 19. to determine fees for the grant, renewal, or transfer of licences in consultation with the Chairman of the Licensing Committee; 20. to enforce and prosecute offences under the provisions of Schedule 3 of the Act; 21. to defend appeals taken against the Council under paragraph 27 of Schedule 3 of the Act; 22. to make minor amendments to Sex Establishment Licensing Policy in consultation with the Chairman of the Licensing Committee; and 23. to determine and/or allow renewals of licences to which no objections are lodged and to approve changes to licence details.

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Street Trading

Further to the adoption by the Council on 22 April 1992 of the provisions of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982, and the designation by the Council of certain roads in the Borough as “prohibited streets” under paragraph 4 of the Schedule, authority to officers to enforce the said statutory provisions.

Charitable House to House and Street Collections

Charitable Collections Policies

Authority delegated to the Strategic Director – Services and the Head of Environmental Health and Licensing, in consultation with the Chairman of the Licensing Committee, to make minor changes to the Charitable Collections Policies.

Street Collections

Under section 5 of the Police, Factories, etc (Miscellaneous Provisions) Act 1916 and regulations made thereunder:

 To determine, whether the proposed collection is for the benefit of charitable or other purposes and where it is determined that it is not, to reject such applications;  To enforce the legislation and regulations and to prosecute offences thereunder;  To reject applications for street collections made later than one month before the date on which it is proposed to carry out the collection;  To determine whether an application made under one month before the date of the collections should be accepted on the basis that there are special reasons for doing so;  To attach to permits authorising street collections such conditions as are considered appropriate in respect of days or hours on, or during which, collections may be made, or the streets or public place where collections may be made;  To receive from persons or organisations granted a permit, statements of accounts and lists of collectors;  To extend the period by which the financial returns or statements of collectors etc must be forwarded to the Council;  To reject applications for permits where a proposed date of collection overlaps with an existing permit, or where the application does not relate to a charitable or other similar purpose;  To designate in which newspapers the accounts of collections shall be published; and,  To carry out such inspections as may be required under the provisions of the Act.

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House to House Collections

Under the provisions of the House to House Collections Act 1939 and the House to House Collections Regulations 1947:

 To enforce the legislation and to prosecute offences there under;  To grant, refuse or revoke applications for licences;  To determine whether the amount devoted to charity in respect of a collection is adequate;  To require the provision of such information as the Council may reasonably require for the purpose of informing itself as to any of the matters specified in the legislation;  To determine whether an operator has exercised due diligence in the exercise of their required functions;  To determine whether an application made after the due closing date should be accepted on the basis that special grounds are claimed for doing so; and  To carry out such inspections as may be required under the provisions of the Act. i. Environmental Health Officers of Other Local Authorities:

i. To such Officers who are duly authorised Officers of other local authorities within the meaning of the Food Safety Act 1990 (as amended) from time to time be duly authorised Officers for similar purposes within the Borough of Elmbridge, relating to the detainment, examination and seizure of food in accordance with the above Act and any regulations made thereunder. j. Strategic Director responsible for Services:

i. In respect of breaches of legislation enforced by the Environmental Health & Licensing Division, authority to commence legal proceedings, subject to:

for breaches of legislation enforced by the Environmental Health & Licensing Division the decision to instigate a prosecution be undertaken by the Strategic Director of Services or the Head of Environmental Health & Licensing subject to compliance with the provisions of the Division’s Enforcement Policy and notification to the Portfolio Holder for Environment; and

the Head of Legal Services being satisfied as to the evidence in the case.

ii. The Portfolio Holder for Environment be authorised to agree such minor changes to the Enforcement Policy as may be necessary (e.g in the light of consultation or following changes to guidance) and that the Strategic Director of Services in consultation with the Portfolio Holder be authorised to agree the publication and updating of more specific information derived from the enforcement policy for stakeholders affected by particular legislation.

- 104 - k. To the Strategic Director responsible for Services as the Proper Officer:

i. To issue notices appertaining to orders for the prohibition of roadside sales made under Section 7 of the Local Government (Miscellaneous Provisions) Act 1976.

ii. To authorise the carrying out of work to render safe any tree considered to be in a dangerous condition, under Sections 23 and 24 of the Local Government (Miscellaneous Provisions) Act 1976.

iii. To adopt private streets as highways and to vest sewers following completion to the Strategic Director's satisfaction of agreements authorised by the Council under Section 38 of the Highways Act 1980 and Section 104 of the Water Industry Act 1991.

iv. In consultation with Ward Members, to name and re-name streets and to number or re-number properties as appropriate.

v. To remove or obliterate any placard or poster being displayed illegally under the Town and Country Planning Act.

vi. To approve the placing of roadside seats, milk stands, bus shelters and other small structures within highway limits and to approve the placing of telegraph, telephone, electricity, TV relay lines, banners, lights or other apparatus over or under the highway, including the erection of posts and the laying of pipes.

vii. To erect fences and boundary posts and to install refuse or storage bins in highways.

viii. To serve Notices and take any other action under the Public Utilities Street Works Act.

ix. To serve Notices and take any other necessary action under the Public Utilities Street Works Act but only in respect of Development Related Highway Works carried out under Formal Agreement.

x. To authorise staff to enter onto land for the purpose of carrying out drainage works as laid down in Section 100 of the Highways Act 1980, after due notice has been served.

xi. To take action under the various provisions of the Highways Act 1980 or any statutory modification or re-enactment thereof, to facilitate the prompt removal of obstructions and other dangers from the highway.

xii. To authorise the closure of roads for a period not exceeding 14 days in order to avoid danger to the public.

xiii. To authorise the entering into Works Agreements on behalf of the Highway Authority with developers in order to secure the carrying out by them of

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works within highway boundaries in connection with development proposals, not exceeding £200,000. xiv. To authorise the Strategic Director of Services to make temporary Road Traffic Orders under Section 14 of the Road Traffic Regulation Act 1984, subject to prior consultation with the Portfolio Holder.

Environmental Care xv. To authorise and nominate officers to undertake functions and serve any necessary notices in the following enforcement areas: - - Vehicles for Sale on the Road (Clean Neighbourhoods Act 2005) - Powers of Entry (Environment Act 1995) - Graffiti and Fly-posting (Anti-Social Behaviour Act 2003) - Scrap Metal Dealers (Scrap Metal Dealers Act 2013) - Flytipping (Environmental Protection Act 1990) - Duty of Care as respects waste (Environmental Protection Act 1990) - Receptacles for Controlled Waste (Environmental Protection Act 1990) - Littering and Litter Control Notices (Environmental Protection Act 1990) - Unauthorised distribution of free printed matter on designated land (Environmental Protection Act 1990) - Abandoned trolleys and luggage trolleys (Environmental Protection Act 1990) - Waste Carriers (Control of Pollution (Amendment) Act 1989) xvi. To authorise and nominate officers to undertake functions and serve any necessary notices in the following dog control areas: - - Stray Dogs (Environmental Protection Act 1990) - Dog Control Orders (Clean Neighbourhoods Act 2005) - Dog Fouling (Dog (Fouling of Land) Act 1996) xvii. Under the Parking Places Orders to remove from the Council's car parks any vehicles left there in contravention of the Orders. xviii. To grant permission for the use of car parks for non-parking purposes. xix. To authorise the erection of street name plates/signs in accordance with Section 19 of the Public Health Act 1925. xx. With regard to the provisions of the Refuse Disposal (Amenity) Act 1978 and the Road Traffic Act 1984, and pursuant Regulations:

 to serve and enforce Notices (including those affixed to vehicles) under the legislation;

 to authorise the disposal and/or destruction of vehicles on which Notices are affixed or otherwise served;

 carry out such investigations as are necessary to identify the Registered Keeper of vehicles to which these provisions apply; and

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 to recover any expenses incurred under the above and, when the Head of Legal Services is satisfied as to the evidence in the case, to issue court proceedings in respect of prosecution of the owner of any vehicle under these provisions or to recover any costs incurred in the seizure, impounding or destruction of vehicles.

Building Control xxi. In relation to the Building Act 1984, to exercise the following functions:

 to advertise under Section 10 of the Act, proposals for relaxation of the Building Regulations;

 to determine full plans applications, process building notices submitted under the Building Regulations and associated legislation as required under Section 16 of the Act, including applications for (a) relaxation under Section 8 of the Act, and (b) use of short lived materials under Section 19 of the Act;

 to issue Notices under Section 32 of the Act;

 to serve Notices upon owners of premises (i) under Section 36(1) of the Act, where works have been carried out contravening the Building Regulations and (ii) in the circumstances referred to in Section 36(2) of the Act;

 to make representations on behalf of the Council under Section 39 of the Act, in cases where an appeal against the Council's refusal or failure to relax the Building Regulations is made to the Secretary of State;

 to accept or reject Initial Notices under Section 47 of the Act;

 to issue notices in connection with dangerous structures in accordance with Section 77 and take action under Section 78 of the Act;

 to serve notices under Section 79 of the Act, on owners of neglected properties which are seriously detrimental to the amenities of the neighbourhood;

 to issue notices in connection with demolitions in accordance with Sections 81 and 82 of the Act;

 at the Strategic Director of Service's discretion to employ the services of a Consultant Structural Engineer to check and advise concerning structural designs contained in applications submitted under the Building Regulations;

 to serve Notices upon builders or other persons carrying out works for which Building Regulation approval is required requiring the cutting into, laying open or pulling down of such part of the building works or fittings

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as the Strategic Director of Services shall require in order to determine whether any part of those works have been executed in contravention of Building Regulations for the time being in force;

 to authorise staff to enter onto land for the purpose of carrying out works in accordance with Section 95 of the Act; and

 to issue notices and perform all the Council's functions under Part III of the Act.

xxii. To serve notices to secure dilapidated buildings under Section 29 of the Local Government (Miscellaneous Provisions) Act 1982. l. To the Head of Building Control

i. To act as ‘Appointing Officer’ in respect of the Party Wall etc. Act 1996.

To serve notices in accordance with Section 225 of the Act, and to remove or obliterate any placard or poster displayed in contravention of the advertisement regulations.

ii. To determine the appropriate action to be taken under the Section 47(2) of the Copyright Design and Patents Act 1988.

iii. To approve amendments to the membership of Conservation Area Advisory Committees in accordance with agreed procedures where such amendments accord with the guidance contained in paragraph 68 of Circular 8/87 "Historic Buildings and Conservation Areas - Policy and Procedures".

iv. To approve applications for grant assistance under Section 57 of the Planning (Listed Buildings and Conservation Areas) Act 1990, subject to compliance with the guidelines approved by the Planning Committee and to the availability of the necessary finance within the Historic Buildings Grants funds. Otherwise such applications to be referred to the Planning Committee. m. The Head of Legal Services

i. The Head of Legal Services is authorised to institute, defend, settle or compromise, participate in or appear on behalf of the Council in any legal proceedings before any Court or Tribunal in any case where such action is necessary to give effect to decisions of the Council or in any case where the Head of Legal Services considers that such action is necessary to protect the Council’s interests and the Strategic Director of Resources is similarly authorised in respect of proceedings for the recovery Council Tax. These authorities shall extend to the signing of documents to give effect to the taking of all necessary steps in legal proceedings. The power of the Head of Legal Services to undertake legal proceedings shall be subject to the requirement to seek appropriate instructions from the Head of Paid Service or a member of the Corporate Management Board.

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ii. To retain professional advisers in a consultancy capacity as necessary and within resources available.

iii. To charge applicants full legal costs and other fees incurred in connection with legal transactions, where appropriate.

iv. To commence proceedings on behalf of the Council under Sections 187B and 214A of the Town and Country Planning Act 1990 (as amended) and Section 44A of the Town and Country Planning Act (Listed Buildings and Conservation Areas) Act 1990.

v. To immediately update the Council’s Constitution as appropriate and as arising either from a full Council Resolution or to make routine or minor amendments consequential upon operational or legislative change subject to giving reasonable notice of the change to Members before implementation. n. In Consultation with the Strategic Director responsible for Services

i. To enter into agreements with developers to adopt or divert and adopt proposed sewers as 'public sewers' and vest them in the Thames Water Utilities Limited under Sections 104 and 116 of the Water Industry Act 1991. (Any such action subsequently to be reported to the Cabinet stating the address of the site; the name of the developer; the amount of the bond; and the supervision fee charged.)

ii. To serve any necessary notice under Sections 23 and 24 of the Local Government (Miscellaneous Provisions) Act 1976.

iii. To issue notices under Section 58 of the Local Government (Miscellaneous Provisions) Act 1976, requiring the return of identification plates issued to hackney carriages and private hire vehicles where the licence has been revoked or has expired or has been suspended.

iv. To enter into agreements in all cases where the frontagers request the Council's consent to the payment of private street works charges by instalments over a period not exceeding 7 years.

v. To make Tree Preservation Orders and Building Preservation Orders.

vi. To determine applications under Section 191 and 192 of the Town and Country Planning Act 1990, as amended by Section 10 of the Planning and Compensation Act 1991, in respect of lawful use and development.

vii. In those cases of applications of prior-notification, which are determined under delegated authority in order to comply with statutory time limits, all relevant ward Members be given prior notice particularly in those cases where the application site falls on a ward boundary.

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viii. To discharge mortgages under the Small Dwellings Acquisition Acts and the Housing Acts.

ix. To institute proceedings for the recovery of possession of land or properties mortgaged to the Council where appropriate on grounds of arrears of mortgage repayments, but not to enforce any Order for possession made by the courts without the express authority of the Cabinet.

x. To approve applications for transfers of equity relating to the Council's house purchase advances scheme, where satisfied that the Council's remedies against the new borrower will not be jeopardised.

xi. To institute the necessary proceedings for possession and to recover possession of premises occupied unlawfully together with recovery of arrears of rent, if necessary. o To the Head of Asset Management and Property Services, in consultation as necessary with the Strategic Director – Resources, the Head of Legal Services and the Portfolio Holder for Resources

i. To accept notices under the Leasehold Reform Act 1967, for the purchase of the freehold interests in any estates owned by the Council, subject to the purchase price being fixed by the Cabinet.

ii. To authorise Home Loss Payments arising from Compulsory Purchase Orders as prescribed under Part III of the Land Compensation Act 1973 (other than payments made in accordance with authority given to the Strategic Director of Services).

iii. To approve applications for licences to assign and/or change of specified user relating to all premises leased or licensed by the Council.

iv. To deal with the estate management of leased and licensed land and property leased by or to the Council, including assignments (only within the terms of the lease), approval to alterations and improvements, and other reasonable estate management matters.

v. To grant licences or leases for a period not exceeding one year.

vi. To approve terms for the acquisition or disposal of land previously authorised by the Council.

vii To grant deeds, easements, rights of way and wayleaves to Statutory Undertakers over Council owned land.

viii. To make joint application with prospective tenants to the Court under Section 38(4) of the Landlord and Tenant Act 1954, for the Court's sanction on agreements to limit or exclude security of tenure for business tenants in all circumstances where he/she considers it appropriate that such application be made.

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ix. The sale of land mortgaged to the Council.

x. To undertake rent reviews for leased and licensed residential and non- residential properties.

Non-Executive Delegations Planning All Development Control Decisions as clarified below * are delegated to the Strategic Director responsible for Services except in the following circumstances:

Decisions Referred to the Area Planning Sub-Committees

1. All applications which have been ‘promoted’ to a Sub-Committee by a Ward Member for the Ward within which the application is situated, which shall be done on a conditional basis.

2. All applications which are recommended for approval by Officers and there is an unresolved planning objection from 5 or more households or from Claygate Parish Council (if an objection letter is received from an organisation such as a residents’ association, political party or conservation area advisory committee each shall be treated in the same way as an objection from 1 household).

3. All applications submitted by or on behalf of Members or Officers of the Council.

4. All enforcement action that, following consultation, has been ‘promoted’ to a Sub- Committee by a Ward Member for the Ward within which the application is situated.

Decisions referred to the Planning Committee

1. Any two Members of the Planning Committee may refer an application from an Area Planning Sub-Committee to the Planning Committee provided that they have been present for the complete consideration of that application at the Area Planning Sub-Committee meeting.

2. All applications where a Sub-Committee decides that permission should be granted and there are unresolved planning objections from more than 40 households.

3. All applications where the decision of the Sub-Committee to permit is contrary to the Officer recommendation to refuse and where the application falls within the ‘major’ category.

4. All departures from the Development Plan required to be referred to the Secretary of State.

*For the avoidance of doubt, this includes enforcement action, lawful development certificates, and Section 106 Agreements on applications to be determined by the Strategic Director of Services.

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Decisions will be taken in consultation with the Head of Legal Services where appropriate.

These arrangements were adopted by the Council in February 2008 and came into effect from 1 May 2008. Further details explaining how the system operates are contained in the Protocol set out at the end of this Scheme of Officer Delegations.

Protocol for operating the system set out in the Scheme of Officer Delegations Applicability

1. These arrangements apply to all development control decisions under the Town and Country Planning legislation falling within the terms of reference of the Planning Committee. These include all planning applications and other related applications (e.g. advertisement consents, lawful development certificates), together with the issuing of related notices such as enforcement notices or tree preservation orders and the making of Section 106 Agreements. Decisions Made by Officers

2. The relevant Officer in most cases is the Head of Planning Services. Some decisions (e.g. enforcement notices) are more appropriate to be issued in the name of the Head of Legal Services. Such arrangements will be updated from time to time as the legislation changes but in all cases appropriate consultation and agreement will be reached between the two directorates.

3. Decisions are taken on a daily basis by the by the Development Control Manager and Principal Planning Officer on behalf of the Head of Planning Services.

4. All decisions made at officer level are reported at the next available meeting of the relevant Area Planning Sub-Committee for information.

5. All decisions to issue notices unprompted by applications (e.g. enforcement notices, tree preservation orders etc.) are reported to the local Ward Members immediately prior to issue. Note that in urgent cases this may have to be done by telephone.

Decisions Referred to the Area Planning Sub-Committees

6. If a Ward Member wishes to ‘promote’ an application within their respective Ward or enforcement item from officer delegation he/she needs to communicate it clearly to an Officer of the Planning Service. The form attached to each Sub Committee agenda may be used. It will then be recorded centrally and logged on the case file. Members may rescind a promotion if the original concern is resolved.

7. All promotions of applications should be conditional, i.e. the Ward Member should specify that he/she wishes an application to come to Committee only if the

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eventual Officer recommendation is in one particular direction, either to permit or refuse. It is not necessary to give a reason.

8. If an application has to be referred to a Sub-Committee due to unresolved planning objections, these have to have been received in writing. No decision is made until all the relevant publicity periods have expired. All objection letters are counted up to the date when the officer decision would have been made.

9. For the purposes of this process if an objection letter is received from an organisation such as a residents association, political party or conservation area advisory committee each shall be treated in the same way as an objection from 1 household.

10. Where an Area Planning Sub-Committee reverses the Officer recommendation on a major application from permit to refuse, it does not automatically have to be ratified by the Planning Committee.

Decisions referred to the Planning Committee

12. If an item being considered by the Sub-Committee is to be referred to the Planning Committee by two Members of the latter Committee, provided that they have been present for the complete consideration of that application, this must be done during the Sub-Committee meeting, immediately following the Sub- Committee resolution but before the next item is considered.

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APPENDIX J

List of the Outside Bodies to which the Council Appoints Nominative Representatives

 Age Concern Surrey  Ashford & St Peter’s Hospitals NHS Foundation Trust and The Royal Surrey County NHS Foundation Trust – Public Stakeholder Panel  Concern and Help for East Elmbridge Retired (CHEER)  Claygate Recreation Ground Trust  Elmbridge Housing Trust  Elmbridge Sports Council  Esher & District Citizens Advice Bureau Trustee Board  Hersham Youth Trust  HomeSupport Elmbridge  Joint Waste Collection Services Committee  Kingston Hospital NHS Trust Council of Governors  Local Authorities Aircraft Noise Council  Local Government Association  Lower Mole Countryside Management Project  Mediation North Surrey  Oxshott Heath Conservators  Playhouse Users Committee  Relate West Surrey  South East Employers  South East England Councils  Surrey Climate Change Partnership  Surrey County Council Local Committee  Surrey County Council Pension Fund Board  Surrey County Playing Fields Association  Surrey Leaders Group  Surrey Museum Consultative Committee  Surrey Police and Crime Panel  Surrey Waste Partnership  Thames Basin Heath Special Protection Area  Thames Haven Housing Steering Group  Thames Landscape Strategy Members Group  Voluntary Action Elmbridge  Walton, Weybridge and Hersham Citizens Advice Bureau Management Committee

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APPENDIX K

Members' Allowances Scheme – 2014/15

Elmbridge Borough Council, in exercise of the powers conferred by the Local Authorities (Members’ Allowances) (England) Regulations 2003 (as amended by the Local Authorities (Members’ Allowances) (Amendment) Regulations 2003 and 2004), hereby makes the following scheme.

1. Introduction

This scheme may be cited as the Elmbridge Borough Council Members’ Allowances Scheme.

2. Interpretation

In this scheme, ‘councillor’ means a member of Elmbridge Borough Council who is a councillor; and ‘year’ means the 12 months ending with 31st March.

3. Basic Allowance

A basic allowance in accordance with the sum in Schedule 1 shall be paid to each councillor.

4. Special Responsibility Allowance

A special responsibility allowance shall be paid to those councillors who have the special responsibilities in relation to the authority that are specified in Schedule 1 to this scheme.

The amount of each such allowance shall be the amount specified against that special responsibility in that schedule.

5. Attendance Allowances

No attendance allowances are paid, either for Council, committee or sub- committee attendance or for attendance at conferences.

6. Renunciation

A councillor may by notice in writing given to the Payroll Officer elect to forego any part of their entitlement to an allowance under this scheme. The renunciation can be withdrawn or amended at any time, but not retrospectively.

7. Part-year Entitlements

Entitlements under the scheme are the appropriate proportion of the full year entitlement. This applies where, in the course of a year:

 the scheme is amended  the term of office is not for the full scheme year, or

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 permanent changes are made in respect of special responsibilities.

In the event of any of these circumstances arising, the relevant apportionment will be determined by the Head of Finance.

8. Travelling and Subsistence Expenses

Councillors are entitled to receive payments for travelling and subsistence for the purpose of performing approved duties. The list of approved duties is attached at Schedule 2. The current rates are shown at Schedule 3. All mileage claims relating to travel are taxable and tax will be deducted at source.

Payment will be at the rate payable to council officers as agreed by the National Joint Council for Local Government Services.

Travel and subsistence costs include train, boat, air and bus tickets, taxi fares, petrol costs, parking, meals, refreshments, hotels and hotel meals.

Councillors are not entitled to subsistence expenses unless more than three miles from their usual place of residence.

The mileage to be claimed is a return trip to the venue of the approved duty from the Councillor’s home unless, in a particular case, the actual mileage is lower.

Travelling and subsistence expenses are payable in respect of approved duties for the meetings listed in the schedule only when the Councillor is either:-

- a Member appointed to the Cabinet, Committee, Sub-Committee, group or other body;

- a Member who is an officially nominated substitute to the Committee, Sub-Committee, group or other body.

9. Childcare and Dependent Carers

An allowance is payable to councillors to assist with the care of children, elderly, disabled or sick relatives of up to £7.65 per hour on the production of invoices (increased from £6.50 last year). This allowance is not payable in respect of carers who are parents, children, spouses, cohabitees or members of the same household as the Councillor. The maximum amount payable to a councillor in respect of this allowance in any year is capped at 25% of the basic allowance applicable in that year.

10. Claims and Payments

Claims for travelling, subsistence, childcare and dependent carers allowances should be submitted to the Head of Finance within two months of the date of the duty performed. Payment will not be made for late claims.

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All claims must be signed to confirm that no other claim has been or will be made in respect of the duty.

The Head of Finance will maintain the required record of payments.

11. Pensions

Councillors can no longer elect to take membership of the Local Government Pension Scheme within the Surrey Pension Fund (administered by Surrey County Council). Existing members will no longer be eligible to be part of the scheme once their current term has expired (stand for re-election). For eligible Members pensionable allowances are restricted to payments made for basic and special responsibility allowances.

12. Review

The scheme will be reviewed in accordance with statutory guidance.

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SCHEDULE 1 - ALLOWANCES

BASIC ALLOWANCE The basic allowance for each Councillor shall be £4,309.

SPECIAL RESPONSIBILITY ALLOWANCE

The table below shows the special responsibilities in respect of which additional allowances are payable, and the relevant amounts.

Special Responsibility £

Leader of the Council 12,000 Other Cabinet Members 6,000 Chairman of Overview & Scrutiny Committee 6,000 Vice-Chairman of Overview & Scrutiny Committee 3,000 Chairman of Planning Committee 5,000 Vice Chairman of Planning Committee 1,140 Chairman of East Area Planning Sub-Committee 3,590 Vice Chairman of East Area Planning Sub-Committee 800 Chairman of West Area Planning Sub-Committee 3,590 Vice Chairman of West Area Planning Sub-Committee 800 Chairman of North Area Planning Sub-Committee 3,590 Vice Chairman of North Area Planning Sub-Committee 800 Chairman of Licensing Committee 4,075 Vice Chairman of Licensing Committee 930 Chairman of Audit and Standards Committee 3,590 Leader of Residents Association – per member 25 Leader of Liberal Democrats – per member 25 Leader of Conservatives – per member 25 Leader of Labour – per member 25 Leader of Hinchley Wood – per member 25

Note: Acting Chairmen and Vice-Chairmen do not receive an allowance.

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SCHEDULE 2 - APPROVED DUTIES

Attendance at meetings of the Council and as an appointed member of the Cabinet, a Committee, Sub Committee, Working Group, etc. at any of the meetings listed below represents an approved duty for the purpose of payment of travelling and subsistence allowances:-

Council Cabinet Planning Committee Licensing Committee Overview and Scrutiny Committee Performance and Finance Panel Audit and Standards Committee East Area Planning Sub-Committee West Area Planning Sub-Committee North Area Planning Sub-Committee Licensing Sub Committee Members Task and Finish Groups Elmbridge Older People’s Advisory Body Allotments Consultative Group Countryside Consultative Group Leisure Strategy Working Group Elmbridge Sports Council Partnership Committees (and sub-groups) Surrey County Council Local Committee Elmbridge Business Partnership (and sub-groups) Appointments Sub-Committee

Travelling and subsistence expenses are payable only where a Councillor is either:

 a Councillor appointed to membership of that committee, sub-committee, working group, etc; or  an official substitute; or  present by specific invitation (eg a portfolio holder has been requested to attend by the Overview and Scrutiny Committee).

In addition, travelling and subsistence allowances will be payable in respect of any other duty which a Councillor is tasked to undertake by the Council or by the Cabinet, a Committee or Sub-Committee of the Council. This includes Member training/workshops/seminars organised by the Council or which the Member concerned is attending on behalf of the Council.

Travelling and subsistence allowances will also be payable in respect of attendance as the Council's representative at meetings of either the Local Government Association (LGA) or the Surrey Local Government Association (SLGA), and at meetings of a body on which a Councillor is a nominated representative of either the LGA or SLGA.

Travelling and subsistence allowances are not payable in any other circumstances.

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SCHEDULE 3 - RATES FOR TRAVEL AND SUBSISTENCE ALLOWANCE

The following travel and subsistence rates apply where an approved duty is performed and the amounts of the allowances are:

TRAVEL RATE NOTE Public Transport – 2nd class or any available cheap rate Note (a) Rail Warrants available from Payroll Officer Public Transport – Ordinary fare or any available cheap Bus rate

Other Transport – 1st class Note (a) Ship Other Transport – Ordinary fare or any available cheap Note (b) Plane rate

Cycle Allowance 25 pence Rate per mile Motor Cycle <251cc 251cc-500cc >500cc 27 pence 35.5 pence 39.2 pence Rate per mile Note (c) Own Motor Vehicle <1000cc 1000cc- >1199cc 1199cc 46.9 pence 52.2 pence 65.0 pence Rate per mile Note (c) Taxi-cab Actual fare and any reasonable gratuity Emergency / no public transport Note (d) Hired Motor Not exceeding own vehicle rate unless Excludes taxi cab Vehicle body approve rate to an amount not exceeding actual cost of hiring SUBSISTENCE >4 hours before Breakfast allowance £7.14 Notes (e), (f) 11am >4 hours including Lunch allowance £9.86 Notes (e), (f) 12 noon to 2pm >4 hours including Tea allowance £3.90 Note (e) 3pm to 6pm >4 hours ending Evening meal allowance £12.21 Notes (e), (f) after 7pm Overnight Out of Pocket expenses £5.52 per Note (g) absence night Out of Pocket expenses £22.06 per Note (g) week

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NOTES:

(a) The rate may be increased by supplementary allowances not exceeding expenditure actually incurred on:

(i) reservation of seats and deposit or porterage of luggage; and

(ii) sleeping accommodation engaged by the Member for an overnight journey, subject, however, to reduction by one-third of any subsistence allowance payable for that night.

(b) Not to exceed rate applicable to travel by appropriate alternative means of transport together with an allowance equivalent to the amount of any saving in subsistence allowance.

(c) The rate may be increased by not more than the amount of any expenditure incurred on tolls, ferries or parking fees, including overnight garaging. This equates to rates agreed by the National Joint Council for Local Government Services.

(d) Where not a case of urgency or public transport exists, the amount of the fare for travel by appropriate public transport.

(e) All subsistence rates shall be reduced by an appropriate amount in respect of any meal provided free of charge. This equates to rates agreed by the National Joint Council for Local Government Services.

(f) Where main meals are taken on trains during a period for which there is an entitlement to a day subsistence allowance, the reasonable cost of the meals (including VAT) may be reimbursed in full as an alternative, subject to the time limits shown above.

(g) Cost of overnight accommodation will be paid directly by the Council.

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APPENDIX L

Overview and Scrutiny Protocol:

Ancillary Groups

Overview and scrutiny forms a key part of the Council’s decision-making processes, by providing an opportunity for non-executive Members to review policy and scrutinise decisions of the Council’s Cabinet. This role also extends beyond the direct remit of the Council, to any matter that affects the area or the inhabitants of that area.

The Overview and Scrutiny Committee is a non decision-making body. It contributes to the Council’s decision-making process by scrutinising the actions of those taking decisions and, as a result, making recommendations for improvement. Overview and scrutiny also has a role in raising awareness of emerging and important issues and placing influence on the Council and, where appropriate, external organisations to take action in a certain way.

In addition to consideration of issues at scheduled formal meetings, the Overview and Scrutiny Committee can establish three types of ancillary group to assist in carrying out its annual overview and scrutiny work programme. The three types of ancillary group that can be established by the Overview and Scrutiny Committee are: time-limited task and finish groups; standing panels; and working groups. These ancillary groups are accountable to the Overview and Scrutiny Committee.

This Protocol sets out a framework for the operation of overview and scrutiny ancillary groups. It supplements provisions already within the Council’s Constitution.

Identifying a topic

The Overview and Scrutiny Committee is responsible for setting its own work programme. This should be a Member-led process and any Member can suggest an item for inclusion on a committee meeting agenda or future work programme. The Committee is then responsible for deciding which topics/issues to scrutinise and by what method, for example, establishing one of the three types of ancillary group.

Given the wide-ranging role for overview and scrutiny, it is likely that there will be a very large number of items that the Committee could potentially consider. It is not possible for the committee to do everything and it will be necessary to be selective and prioritise. In particular, the Committee should consider any matter already under review by the Council as low priority.

A higher priority should be given to topics that:

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 Contribute to achievement of the Council’s corporate objectives  Address an issue of concern raised by external inspectors  Tackle areas of service under-performance  Tackle areas of ongoing/ significant budgetary overspend or underspend  Tackle areas of ongoing customer dissatisfaction  Have considerable risk or financial implications for the Council  Are likely to result in improvements for a significant proportion of the borough  Are a key issue of local public concern  Respond to changes in government policy and legislation  Have potential for innovative change and where new policy can be developed and shaped prior to implementation  Respond to a request from the Cabinet or Council.

A low priority should be given to topics that:

 Have recently been addressed elsewhere e.g. by a previous Member review, external inspection  Policy is currently being implemented  Have recently been considered, or are due to be considered, as part of the county-wide collaborative scrutiny arrangements

The Committee will also need to give consideration to:

 How the topic fits with the Committee’s current work programme;  Availability of resources to support delivery of the review and the need to deploy resources in the most efficient and cost-effective way. Resources include financial aspects and time of both Members and supporting officers.

Each suggested topic should be considered by the Committee and classified in one of the following categories:

i. High priority – include within the Committee’s current work programme and carry out as soon as possible ii. Low priority – include within the Committee’s potential future work programme and review inclusion further at a later stage iii. Not a priority – do not include within the Committee’s work programme

In deciding whether to volunteer to sit on an ancillary group, Members may want to give consideration to the commitment required in doing so, particularly in terms of time to attend meetings.

Excluded matters

The right of any Member to refer 'local government matters' to the Overview and Scrutiny Committee is subject to some statutory exclusions. The Overview and Scrutiny (Reference by Councillors) (Excluded Matters) (England) Order 2008 lists the following as "excluded matters":-

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 any matter relating to a planning decision  any matter relating to a licensing decision  any matter where an individual or entity has a right of recourse to a review or right of appeal conferred by or under any enactment  any matter which is vexatious, discriminatory or not reasonable to be included on an agenda or discussed.

These exclusions do not, however, prevent investigation of a Council function if there is a suggestion of systemic failure. This means, for instance, separating the individual planning or licensing decision from the wider issue of performance. Whilst individual regulatory decisions are not matters for review or scrutiny, the overall discharge of the function can be.

Gathering the evidence

A key principle of overview and scrutiny is that its findings and recommendations should be based on robust evidence. Evidence should be:

 Adequate – sufficient in scope, detail and quantity to justify findings and conclusions;  Accurate – to the extent that assumptions can be based on it; and  Appropriate – relevant to the issue under investigation, current, representative and inclusive.

This key principle should be applied to all ancillary groups.

The methodology used to gather the evidence should be proportionate to the remit of the group, and take into account the need to deploy available resources in an effective way. Ancillary groups can use any method for gathering evidence that they reasonably consider necessary, including:

 Interviewing senior officers and/ or Cabinet members  Appointing advisors  Requesting information, either written or verbal, from witnesses  Going on site visits  Reviewing secondary sources of information  Undertaking or commissioning research  Holding public meetings  Requesting individual Members investigate something and report back.

Ancillary groups do not have the power to compel witnesses from outside the Council to attend a meeting.

All evidence gathered should be carefully recorded so that there is a clear audit trail as to how conclusions have been made and the justification for any recommendations.

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Access to information and attendance at meetings

Access to information and attendance at meetings by senior officers/Cabinet members will be in accordance with the relevant rules and procedures within the Council’s Constitution.

External representatives

Task and finish groups, standing panels, working groups may all seek the assistance of external representatives. External representatives may have access to information that has not yet been made public. Accordingly, all external representatives appointed to serve on any of the aforesaid groups will undertake to adhere in the course of their duties to the obligations of confidence that apply to councillors under the Member Code of Conduct.

Task and Finish Group Reviews The task and finish groups are established to perform specific issue-based/time-limited reviews.

The way in which task and finish group reviews are carried out will vary depending upon a number of factors such as the topic under consideration, scope of the review, time availability, resources allocated to carry out the work. However, a typical task and finish group review should include the following stages:

Stage of Review Responsibility 1. Identifying a topic for review Overview and Scrutiny Committee 2. Establishing the task and finish group Overview and Scrutiny Committee 3. Establishing the terms of reference for the Overview and Scrutiny Committee / review Task and Finish group 4. Scoping the review Task and finish group 5. Gathering the evidence Task and finish group 6. Analysis of review findings, drawing Task and finish group conclusions and, where appropriate identifying recommendations for change 7. Preparing the report Task and finish group 8. Presenting the report Task and finish group 9. Evaluation of the review process Task and finish group 10. Implementation of recommendations Cabinet/senior officers 11. Monitoring review outcomes Overview and Scrutiny Committee

1. Establishing the task group

The Overview and Scrutiny Committee may establish a task and finish group to carry out a review into a specific issue. When it establishes a task and finish group, the Committee should set out the key dimensions for the review, including:

 The reasons why the task group has been set up and rationale behind the review  Any specific aspects to be included within the terms of reference for the review  Timescale for the task group to report back on its findings.

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2. Membership of a task group

At this stage, the Committee will appoint the membership of the task and finish group.

There are usually between 3 and 8 members on each task and finish group. Any non- executive Member can sit on a task and finish group with the aim that membership will be based on interest, experience and expertise of the Members concerned. Members of the task and finish group do not have to be members of the Overview and Scrutiny Committee. However, at least one member of each group should sit on the Overview and Scrutiny Committee, in order to facilitate reporting back on progress and outcomes from the review.

There is no requirement for political proportionality to apply to the task and finish group, although the Overview and Scrutiny Committee can decide to apply proportionality at the time of establishment. If political proportionality is not applied, the membership of the task and finish group should ideally include a mix of representatives from the different political groupings on the Council.

The task and finish group will appoint a chairman at its first meeting.

The relevant Cabinet portfolio holder can be invited to attend meetings, but cannot be a member of the task and finish group.

3. Establishing the terms of reference for the review

If not already set by the Committee, the task and finish group will, at its first meeting, establish the terms of reference for the review. The proposed terms of reference should be submitted to the Overview and Scrutiny Committee for approval.

4. Scoping the review

Scoping of the review is an essential part of the process and should be carried out thoroughly, even for relatively small-scale projects. It will ensure that all those involved with the task and finish group understand the objectives of the review, how they will be achieved and their role in the process. Documentation associated with the scoping exercise will also enable others to understand what the review is about.

Scoping the review should involve:

 Clarifying the purpose of the review, why it was commissioned and what it aims to achieve.  Preliminary assessment of the main issues that could be addressed by the review.  Identifying the key objectives and how success will be measured.  Identifying the boundaries of the review – what will be included and what will be excluded.  Identifying the information/evidence required and a methodology for gathering it.  Allocating responsibilities to those involved in carrying out the review.  Clarifying the timescale for the review and establishing realistic key milestones.  Identifying the resource requirements and ensuring they are available.  Identifying risks to the review and potential barriers to success.

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The task and finish group may find it useful to prepare a project plan setting out the key planned activities and timescales for their completion. This will help to ensure that activities are carried out in a logical order and enable progress to be reviewed throughout the process to ensure that it remains on track.

At this stage of the process, the task and finish group should also agree practical issues such as the frequency of meetings and the preferred method of communication between the group.

5. Officer support

Officer support will be made available to each task and finish group but, as a Member- led process, Members are responsible for taking an active role in scoping the review, gathering evidence, analysing findings, preparing the report and taking ownership of the report and recommendations. The support officer will assist the process by activities such as:

 Organising task and finish group meetings  Giving procedural advice  Supporting the task and finish group, and particularly the chairman, in scoping the review, establishing a project plan and ensuring the process stays on track  Arranging any evidence-gathering sessions e.g. site visits or inviting witnesses to attend meetings  Taking notes of discussion and recording evidence gathered  Assimilating the evidence gathered and presenting findings in an appropriate format  Assisting in communicating the outcomes of the review, including drafting the task and finish group’s report.

6. Analysis of findings, drawing conclusions and, where appropriate identifying recommendations for change

Based on the evidence gathered, the task and finish group will analyse the findings of the review and draw conclusions about the appropriate way forward. In undertaking this analysis, the task and finish group should look at all of the relevant options and evaluate them against factors such as benefit, cost and risk.

During the evaluation stage, the task and finish group should refer back to the original scoping exercise to ensure that all the objectives for the review have been met and the conclusions address the identified issues.

Where appropriate, the task and finish group may decide to make recommendations for change. Recommendations must be based on the evidence gathered and be clearly linked to the findings of the review. They should be clear, straightforward and realistic proposals for action and where possible include an indication of who/when/how they should be implemented and how success will be measured. The report produced by the task and finish group should be short and concise with the recommendations limited to an appropriate number.

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Copies of the evidence gathered will be retained as background information to the review report.

7. Preparing the report

The content and format of the report will vary depending upon the nature of the topic being reviewed, but will typically include the following sections:

 Reasons for conducting the review; who the review was commissioned by and who carried out the review  Objectives of the review and a brief recap of the main issues  How the review was conducted and how the evidence was gathered  Summary of the key items of evidence  Key findings and how they relate to the review objectives  Conclusions and recommendations  Appendices, containing detailed background information to support the report.

The support officer will assist the task and finish group in drafting the report, but the whole group is responsible for agreeing the format and content, editing the draft report and giving final approval for the report’s completion. The chairman of the task and finish group will be responsible for ‘signing-off’ the report and recommendations.

While the task and finish group should aim to achieve consensus on the report and recommendations, in the event of there being a minority view provision will be made for this to be expressed within any report that is issued on behalf of the task and finish group.

When the report from task and finish group is presented to the Overview and Scrutiny Committee, it is expected that members of the group will attend the meeting to answer any questions regarding the review process, findings and/or recommendations.

The Committee will report on the findings and recommendations of the task and finish group to the Cabinet and/or Council as appropriate, for approval.

8. Evaluation of review process

After the report has been presented to the Overview and Scrutiny Committee the work of task and finish group is finished. There should be no further review work undertaken.

At this stage, after the review has concluded it is important to evaluate the review process to record lessons for the future. Depending upon the nature and scale of the review this evaluation process could include holding an evaluation meeting, or asking all participants to complete a feedback form about the process.

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9. Implementation of recommendations

Those recommendations approved by Cabinet/Council will be progressed for implementation by the appropriate organisation/individual. The relevant Cabinet portfolio holder will oversee implementation of recommendations internal to the Council.

10. Monitoring of outcomes

Twelve months after presentation of the task and finish group’s report, the Overview and Scrutiny Committee will receive a report updating on the progress made in implementing the recommendations. The Committee will have the opportunity to review progress and, where necessary, request the relevant senior officer and/or Cabinet member attend a meeting to discuss this. If necessary, the Committee can make recommendations to the Cabinet regarding any remedial action it feels necessary. The Committee will continue to receive annual reports monitoring the outcomes of the review until all of the recommendations have been completed or the Committee is satisfied that the recommendations are no longer required.

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Standing Panels

Standing panels are established to perform an on-going role, usually scrutiny related, throughout the year.

1. Establishing the standing panel

The Overview and Scrutiny Committee will usually establish standing panels at the first meeting of the Municipal Year. When establishing the standing panel the Committee should:

 Set out the reasons why the standing panel has been established  Any specific duties to be included in the terms of reference for the review  How frequently the panel is expected to meet and at what intervals the panel will produce a report outlining its findings, and any recommendations, to the Committee

2. Membership of the standing panel

At this stage, the Committee will appoint the membership of the standing panel.

The membership of the standing panel is to comprise any non-executive councillor with the aim that membership be based on interest, experience and expertise. Members of the standing panel do not have to be members of the Overview and Scrutiny Committee. However, at least one member of the panel should sit on the Committee, in order to facilitate reporting back on progress and outcomes.

There is no requirement for political proportionality to apply to the standing panel, although the Overview and Scrutiny Committee can decide to apply proportionality at the time of establishment. If political proportionality is not applied, the membership of the standing panel should ideally include a mix of representatives from the different political groupings on the Council.

The membership of the standing panel is to be reviewed and appointed on an annual basis.

The standing panel will appoint a chairman and vice-chairman at its first meeting of the Municipal Year.

The relevant Cabinet portfolio holder can be invited to attend meetings, but cannot be a member of the standing panel.

3. Establishing the terms of reference for the panel

If not already set by the Overview and Scrutiny Committee, the standing panel will draft its terms of reference. The proposed terms of reference will be submitted to the Overview and Scrutiny Committee for approval.

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4. Reporting to the Overview and Scrutiny Committee

At regular intervals (to be agreed by the Overview and Scrutiny Committee at the time of establishment) the standing panel will produce a report outlining its findings, and any recommendations to the Committee.

The officer supporting the panel will assist the members in drafting the report, but the whole group is responsible for agreeing the format and content, editing the draft report and giving final approval for the report’s completion. The chairman of the panel will be responsible for ‘signing-off’ the report and recommendations.

The panel should aim to achieve consensus on the report and recommendations, however in the event of there being a minority view provision will be made for this to be expressed within any report that is issued on behalf of the panel.

When the report from the panel is presented to the Overview and Scrutiny Committee, it is expected that members of the panel will attend the meeting to answer any questions regarding the findings and/or recommendations.

The Committee will report on the findings and recommendations of the panel to the Cabinet and/or Council as appropriate.

5. Review of standing panel

All standing panels in operation are to be reviewed at the start of the Municipal Year by the Overview and Scrutiny Committee. If the Committee agrees that an established standing panel should continue, it will need to review and approve the terms of reference of that panel.

6. Officer support

Officer support will be made available to support the work of each standing panel but, as a Member-led process, the panel will be responsible for taking an active role. Members are responsible for ensuring the terms of reference of the panel are fulfilled and, in particular, preparing and presenting any reports and recommendations to the Overview and Scrutiny Committee as required.

Working Groups

Working groups are established to act as collaborative consultative forums that provide views on matters within its remit, usually based on a specific theme.

1. Establishing the working group

If the Overview and Scrutiny Committee identifies a topic requiring wider consultation, the Overview and Scrutiny Committee may decide to establish a working group. When setting up the working group, the Committee should set out the key dimensions for the review including:

 The reasons why the working group has been established

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 The remit of the group and any specific aspects to be included in the terms of reference  Timescale for reporting to the Overview and Scrutiny Committee and whether the working group is providing an on-going consultative function or providing a response to a time-limited consultation

2. Membership of the working group

At this stage, the Committee will appoint the membership of the working group.

Any non-executive Member can sit on a working group with the aim that membership is based on interest, experience and expertise. Members of the working group do not have to be members of the Overview and Scrutiny Committee. However, at least one member of the working group should sit on the Committee, in order to facilitate reporting back on progress and outcomes.

The working group will have an established quorum, which will typically be one- quarter of the membership of that working group.

There is no requirement for political proportionality to apply to the working group, although the Overview and Scrutiny Committee can decide to apply proportionality at the time of establishment. If political proportionality is not applied, the membership of the working group should ideally include a mix of representatives from the different political groupings on the Council.

The membership of the working group is to be reviewed and approved on an annual basis, at the first Overview and Scrutiny Committee meeting of the Municipal Year.

The working group will appoint a chairman and vice-chairman at its first meeting of the Municipal Year.

The relevant Cabinet portfolio holder can be invited to attend meetings, but cannot be a member of the working group.

3. Establishing the terms of reference for the working group

If not already set by the Overview and Scrutiny Committee, at its first meeting the working group will draft the terms of reference for the group. The proposed terms of reference should be submitted to the Overview and Scrutiny Committee for approval.

4. Responding to consultations

When consulting on internal matters, officers will prepare a report or presentation to seek the views of the working group on any matter within the remit of that group. Any recommendations that result from this process will either be conveyed by officers as part of future reports or reported separately to the Overview and Scrutiny Committee. The Committee will report the recommendations of the working group to the Cabinet and/or Council as appropriate.

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If the working group has been tasked to consider external consultations, prior to submission of any formal response, the group will consult the relevant individual member of Cabinet who must approve any statement issued on behalf of the Council (in accordance with Part 3 of the Council’s Constitution).

When considering consultations, the working group should be mindful that any responses should be based on robust evidence.

5. Review of working group

All working groups in operation are to be reviewed at the start of the Municipal Year by the Overview and Scrutiny Committee. If the Committee agrees that an established working group should continue, it will need to review and approve the terms of reference and membership of that group.

6. Officer support

This is a Member-led process and the working group will be required to take an active role in the work of the group. For each working group, a lead officer will be identified according to the remit of the group and prepare the paperwork for the meeting, in consultation with the Chairman of that working group.

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APPENDIX M

Overview and Scrutiny Work Programme 2014/15

Item for Consideration Where Where Lead Comment From… To… Officer/Member 17 July Scrutiny of Cabinet - For Leader of the 2014 Members information Council

Invitation to Environment - For Policy Manager Agency to discuss the information River Thames Scheme Cabinet Decision Making - For Policy Manager decision Agenda Planning and - For Policy Manager Work Programme decision Development

25 Update report from Regular For Head of Part 2 September Painshill Park Update information Executive and 2014 Member Services Scrutiny of Cabinet - For TBC Members information Invitation to Surrey Police - For Policy Manager to discuss local policing information arrangements/engagement Cabinet Decision Making - For Policy Manager decision Agenda Planning and - For Policy Manager Work Programme decision Development

22 Scrutiny of Cabinet - For TBC October Members information 2014 Cabinet Decision Making - For Policy Manager decision Agenda Planning and - For Policy Manager Work Programme decision Development

27 Scrutiny of Cabinet - For TBC November Members information 2014 Cabinet Decision Making - For Policy Manager decision Agenda Planning and - For Policy Manager Work Programme decision Development

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Item for Consideration Where Where Lead Comment From… To… Officer/Member 15 Corporate Plan 2015/16 Performance Cabinet Head of Policy January and Finance and 2015 Standing Communications Panel Scrutiny of Cabinet - For TBC Members information Cabinet Decision Making - For Policy Manager decision Agenda Planning and - For Policy Manager Work Programme decision Development

19 Scrutiny of Cabinet - For TBC February Members information 2015 Cabinet Decision Making - For Policy Manager decision Agenda Planning and - For Policy Manager Work Programme decision Development

26 March Update report from Regular For Head of Part 2 2015 Painshill Park Update information Executive and Member Services Scrutiny of Cabinet - For TBC Members information Cabinet Decision Making - For Policy Manager decision Agenda Planning and - For Policy Manager Work Programme decision Development

FUTURE REPORTS Invitation to Surrey and - For Policy Manager Borders Partnership to information discuss mental health services within Elmbridge Annual Report of the - For Head of Asset Elmbridge Energy and information Management Sustainability Group and Property Services

Chairman of the Elmbridge Energy and Sustainability Group

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Annual Report of the - For Head of Elmbridge Older Persons’ information Community Advisory Body Support Services

Chairman of the Elmbridge Older Persons’ Advisory Body Annual Report of the - For Policy Manager Performance and Finance information Standing Panel Chairman of the Performance and Finance Standing Panel Annual Report of the - For Housing Affordable Housing information Strategy and Member Panel Enabling Manager

Chairman of the Affordable Housing Member Panel Invitation to Paragon - For Policy Manager Housing to discuss information services within the Borough Invitation to Thames Water - For Policy Manager to discuss investment in information sewage infrastructure in the Borough Update from Clinical - For Policy Manager Commissioning Groups information Review of Elmbridge - For Head of Borough Council operated information Community Children Centres within the Support Borough Services

Overview and Scrutiny Ancillary Groups

Performance and Finance Standing Panel

Membership: Councillors Barry Cheyne, Alex Coomes, Ramon Gray, Richard Knight, Chris Sadler, Stuart Selleck and James Vickers

Overview and Scrutiny Working Groups

• Affordable Housing Member Panel • Constitutional Review Member Working Group • Countryside Consultative Group • Elmbridge Energy and Sustainability Working Group • Elmbridge Older Persons Advisory Body • Small and Medium Grants Working Group

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APPENDIX N

Minute Extracts from the Constitutional Review Member Working Group meetings held on 12 September 2013, 4 March 2014 and 10 September 2014

MINUTE EXTRACT FROM THE CONSTITUTIONAL REVIEW MEMBER WORKING GROUP MEETING HELD ON 12 SEPTEMBER 2013

3. A RETURN TO THE COMMITTEE SYSTEM?

(Link to Council Priorities: All)

The Working Group considered a report that highlighted areas for discussion on whether the Council should return to a Committee system of decision making instead of the existing Cabinet model, following the freedom of choice offered by the Localism Act 2011. The report did not endorse or favour one system over another but assisted Members in formulating their own views as to the effectiveness of the Council’s business arrangements. Members contributed their views on whether the existing system or different decision making system would be the best way of ensuring the delivery of high-quality services to the public.

The Working Group discussed the differences between the Committee decision making system that the Council used to adopt compared to the existing Cabinet model. This included the size and number of Committees, how regular the meetings were held and how decisions were made. The Chairman advised that the number of Members of each Committee/Sub-Committee varied, although for some Committees there could be up to 22 members present that allowed for representation by a Councillor from each of the Council Wards. As a snapshot, the Chairman highlighted the details of the Committees that the Council conducted during the 1984/85 Municipal year which included a total of 22 different Committees and Sub-Committees. The Schedule of Meetings for this year also revealed that an increased number of meetings were held in comparison to the number of meetings held under the current Cabinet model.

One Member felt that the Committee system allowed Members to have more of an opportunity to have an input on the decisions that the Council made. Under the Cabinet model the majority of decisions were made by the 10 Cabinet Members and there were concerns that there were 50 non-executive Members that had less of an input in to these.

One Member advised that all Councillors did have an opportunity to be involved in the decision making process and as much as they wanted to. If there was an item being considered by the Cabinet then a Member could attend the meeting, request to speak or could liaise directly with a Portfolio Holder prior to or following the meeting. In addition, the Overview and Scrutiny Committee had created a number of cross party Task Groups that made recommendations that were subsequently accepted in full by Cabinet.

The Working Group noted that it was important that whichever Committee structure was in operation the decision making process remained timely and effective. - 137 -

The Working Group agreed that in order to aid the review of the Committee system, it would be beneficial to invite a representative from the Local Government Association and a representative from a District Council Authority that had returned to the Committee system to attend the next Working Group meeting. This would enable the Group to obtain their views and to ask relevant questions.

AGREED that a representative from the Local Government Association and a representative from a District Council Authority, which had returned to the Committee system, be invited to attend the next Working Group meeting.

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MINUTE EXTRACT FROM THE CONSTITUTIONAL REVIEW MEMBER WORKING GROUP MEETING HELD ON 4 MARCH 2014

3. A RETURN TO THE COMMITTEE SYSTEM?

(Link to Council Priorities: All)

At the previous meeting of the Working Group held on 12 September 2013, the Group began to consider the case for the Council to return to a committee system of decision making. At that meeting, the Group was interested in examining the practical experience from other authorities who had made this change and to hear from the Local Government Association (LGA) on any common themes or issues that should be explored. The approach to the LGA came at an opportune time as it enabled an early insight of the newly ‘Rethinking Governance’ guide or so-called ‘Thinking Toolkit’ on the type of issues that Councils’ should think about when considering any change. Accordingly, the Working Group explored the guide which set out useful pointers on the different options and provided an interesting update on the progress made by other local authorities who had resolved to change.

In addition, the Working Group also considered a further guide published by the Centre for Public Scrutiny called ‘Musical Chairs: Practical issues for local authorities in moving to a committee system’ published for Council’s who were specifically interested in returning to the committee system.

The Group also welcomed Mr Ed Hammond, Research and Information Manager from the Centre for Public Scrutiny who attended the meeting to assist the Working Group in its review. Mr Hammond also wrote the ‘Rethinking Governance’ guide that was attached at Appendix A of the report.

Mr Hammond provided an overview with regard to the processes that a Council could consider when reviewing their governance system. It was important that from the outset tangible aims and objectives were set to identify the specific reasons why the Councils governance arrangements needed to be changed. Once determined, the design principles and structure of any new system would need to be developed. The choice of governance system was no longer binary due to there being a number of different options and approaches that could be considered. There had been a number of local authorities that had chosen a hybrid style of system which combines aspects of both the Committee system and Cabinet model.

If a significant change such as a formal shift in the governance arrangements was agreed this could lock the Council into a new decision-making structure for five years. In some circumstances, the aims and objectives could be met without having a formal change in governance.

The Chairman thanked Mr Hammond for addressing the Working Group and invited Members to ask any questions.

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Whilst noting that within the ‘Rethinking Governance’ guide, 40 Councils had either completed or begun, a review of their governance arrangements. One Member asked whether any common outcomes had been identified which could assist in identifying the best way forward for Elmbridge or whether a model adopted by a similar sized authority should be followed.

Mr Hammond explained that the best way forward would be for the Council to firstly determine some design principles to establish what fundamental approach was needed to underpin its governance arrangements. This would then assist in identifying what decision making system might be appropriate. One example was Sevenoaks Council which had recently reviewed its arrangements and looked at a possible hybrid arrangement. In this regard, there would be a number of service committees responsible for policy decisions with the expectation that these would then be ratified by the Cabinet. The benefit to having a hybrid arrangement was that the Council would not be locked in to a decision-making structure for five years. The downside with this type of arrangement was the reliance on unwritten (so far as the Constitution was concerned) political assurances from the leadership to accept service committee recommendations.

One Member expresses scepticism about a hybrid arrangement that merely saw the Cabinet rubber stamping decisions. In addition this type of agreement might blur, or render indistinguishable, real public accountability for the decisions of the authority.

Mr Hammond agreed that there were drawbacks with the hybrid system but that some authorities had favoured it on account of its flexibility and potential for revision in the light of practical experience. It was, however, unclear how sustainable this type of arrangement would be if there was to be a change in political control for these authorities.

One Member acknowledged that this review was not seen as an opportunity to turn the clocks back and revert to the old Committee system but to see how the present structure could be improved upon. A number of Councillors had indicated that they did not feel that they were able to play a part in the decision making process under the current Cabinet model arrangement. In addition, Members could have a specific expertise that would be underutilised in the absence of a specific committee.

A number of Members disagreed that there was not the opportunity to get involved in the current decision making process. There had been opportunities for all Members to be part of Working and Task Groups, Advisory bodies and Panels. One Member stated that from these Groups regularly, recommendations to Cabinet, all of which had been agreed. However, not all Members wanted to engage in these opportunities and this would be difficult to resolve under any system. It would always be open for Members to get involved in the decision making process as much, or as little, as they considered appropriate. With regard to utilising Councillors who had specific expertise or knowledge, the role of Group Leaders in selecting these Councillors to sit on an appropriate Committee was acknowledged.

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One Member enquired whether having three service committees with twenty Members on each would assist with those that felt less involved and whether this was a solution.

Mr Hammond pointed to the conventional wisdom that Committees were less likely to function effectively the more their size exceeded a reasonable number.

Given that some of the Working Group had raised the issue that some Members felt they were unable to contribute in the current decision making process, the Working Group agreed to investigate this further and requested that a questionnaire be sent to all members asking the following question:

‘Do Members feel that under the Councils current governance arrangements they are not given the opportunity to participate fully in the activities of the Council and in what way could the current structure be improved?’

A further meeting of the Working Group would then be arranged to review the responses from the questionnaire and to consider whether any action was needed to be taken at that time.

The Chairman thanked Mr Hammond for attending the meeting and providing the Working Group with a very informative update.

AGREED that,

(a) a questionnaire be sent to all Members asking the following question: ‘Do Members feel that under the Councils current governance arrangements they are not given the opportunity to participate fully in the activities of the Council and in what way could the current structure be improved?’; and

(b) a further meeting of the Working Group be arranged to review the responses from the Survey and consider whether any action was needed to be taken at that time.

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MINUTE EXTRACT FROM THE CONSTITUTIONAL REVIEW MEMBER WORKING GROUP MEETING HELD ON 10 SEPTEMBER 2014

4. DECISION-MAKING STRUCTURES

(Link to Council Priorities: All)

At the previous Constitutional Review Member Working Group meeting held on 4 March 2014, the case for whether the Council wanted to make changes to its decision-making arrangements was further considered. The Group had been interested in examining the practical experience from authorities who had made changes, as well as hearing from the Local Government Association on any common themes or issues that needed to be explored. Ed Hammond from the Centre for Public Scrutiny was in attendance at the meeting and explained that it was not advisable to rush in to a fundamental review of governance with a preconceived idea of a future structure. Instead it was important to establish the purpose for why there was a need for the Council to change its governance arrangements, whether there were ways of working that needed to cease or change or equally, ways of working that should continue.

Following consideration of the latest guidance and advice provided by Ed Hammond, the Member Working Group decided to canvass Members’ views on the effectiveness of the Councils current governance arrangements and, in particular, whether there were any barriers to participation in decision-making.

Of the sixty Councillors surveyed, fourteen responses were received of which five Members considered the current system worked well with no barriers to participation and nine Members who did not. It was clear however that opinion was divided along Political Group lines with the Conservative Group Members supporting the current system and the Residents’ Association Group Members and Liberal Democrat Member taking the view that the system was not permissive of wider participation and representation.

In addition to the information provided in the report, the Head of Legal Services advised that Members should also bear in mind the information provided by the Boundary Commission during the presentation given to Members on 1 September 2014. Sir Tony Redmond had explained that as part of the boundary review, the Councils’ decision making structure would be examined when identifying the number of Councillors that would be required to ensure that the Council had an effective decision making structure and accountability.

In relation to the survey feedback, one Member commented that some Councillors had indicated that they would prefer the Council to have a Committee system and identified specific areas that, in their opinion, the Cabinet model system was not effective including a number of instances whereby Ward Councillors had not been consulted on areas that were being considered within their wards.

The Member Working Group agreed that Ward Councillors should have been made aware of issues occurring in their areas. The Chairman commented that this was more of a communication issue that required addressing so that

- 142 - consultation was sought at the appropriate time and that a formalised method of contact should be established. One Member commented that this was a two way process and that Ward Councillors were responsible to ensure that they had checked their e-mails as they may have been sent information by Officers about specific ward related items but not accessed them.

One Member, who was also a member of the Performance and Finance Standing Panel, commented that another area that was not as effective was the budget approval in February which gave very little time for Members to review the financial details especially in relation to the Capital Programme. This was essential for Members to have an opportunity to investigate whether the Council was getting value for money and to consider the prioritisation of Council’s projects.

One Member questioned whether changing to a Committee System would indeed be more effective given that whichever party or group held the administration would still control matters and this was all part of democracy and more importantly who the public had voted in as the majority.

One Member raised the issue that some of the feedback indicated that Members did not have an opportunity to get involved in the current decision making process. However, there had been opportunities for all Members to take part in Working and Task Groups, Advisory Bodies and Panels. Accordingly, Members could get involved in the decision making process as much, or as little, as they considered appropriate.

Some Members of the Working Group noted that at the meeting held on 12 September 2013, it had been agreed that it would be helpful to invite a representative from a District Council that had returned to a Committee System to a future meeting to obtain their views and ask relevant questions. Furthermore as there were nine Members who had indicated in the survey that they would prefer a Committee System to the current model this would aid the Group in order to make best judgments on whether the Council should change its governance arrangements. The Head of Legal Services explained that it had been difficult to locate a District Council with a similar number of Councillors and demographic as Elmbridge and therefore it was proposed to not progress with this. In addition, it was important that the Group identified specific reasons why the Councils current governance arrangements needed to be changed rather than preferring one model to another which was the reason for the group to carry out the review.

Whilst it was acknowledged that the Member Working Group had discussed in detail reasons for considering a change to the current governance arrangements. Some Members felt that the Cabinet Model was a very democratic system and there were not any specific reasons identified that this should be changed at this time. Furthermore even if there was a District Council that was a close fit to that of the Council who had returned to the Committee System, and were to be invited to a Working Group meeting, it would not have changed their opinion that the Cabinet model was working.

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In this regard, one Member moved the following Motion:

‘Subject to all Ward Councillors being consulted on relevant matters relating to their Wards and all financial information relating to the Council annual budget being made available at the earliest opportunity, the Council continue to operate with the Cabinet Model decision making structure.’

On consideration of the motion, the Member Working Group voted, For (6), Against (2), Abstention (1)

Accordingly, and by agreement of the meeting, the Member Working Group,

RECOMMENDED: THAT SUBJECT TO ALL WARD COUNCILLORS BEING CONSULTED ON RELEVANT MATTERS RELATING TO THEIR WARDS AND ALL FINANCIAL INFORMATION RELATING TO THE COUNCIL ANNUAL BUDGET BEING MADE AVAILABLE AT THE EARLIEST OPPORTUNITY, THE COUNCIL CONTINUE TO OPERATE WITH THE CABINET MODEL DECISION MAKING STRUCTURE.

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