Full Council in March 2012 for Members Agreement, Leading to Implementation in May 2012

2 December 2011

Meeting of the Council

Monday, 12 December 2011 at 6.30 pm

Council Chamber, Town Hall, Warrington

Diana Terris Chief Executive ______

Agenda prepared by Sharon Parker, Councillor Services Manager – Telephone: (01925) 442161, Fax: (01925) 442014, Email [email protected] ______

(Prior to the commencement of the meeting the Mayor's Officiator will speak)

There will be a minute’s silence in respect of the former Rector of Warrington, Reverend Canon J Colling following his recent death.

1. Apologies

2. The Minutes of the Council

To be moved by the Mayor and seconded by the Deputy Mayor:

That the Minutes of the Meeting of the Council held on 31 October 2011 be agreed as a correct record.

3. Result of the By Election Poulton North- 17 November 2011

Surname First name Description Votes received

ASHINGTON James UKIP 79

BRADSHAW Sandra Joan Liberal Democrat 776- ELECTED

CHAPMAN Mark Conservative 147

LINES- ROWLANDS Billy Labour 733

Turnout was 19.78% and two papers were rejected.

4. Code of Conduct – Declarations of Interest

Members are reminded that they should orally declare personal/prejudicial interests, that they have in any matter or item to be considered at the meeting, including interests relating to the receipt of any relevant gifts or hospitality received within the preceding three years. Please refer to the specific requirements of the Code of Conduct regarding the need to declare interests, the timing of such declarations and exemptions.

The Solicitor to the Council or representatives in Democratic and Member Services are available prior to the meeting to advise and/or to receive details of the interest and the item to which it relates.

Declarations are a personal matter for each Member to decide. Whilst officers will advise on the Code and its interpretation, the decision to declare, or not, is the responsibility of the Member based on the particular circumstances.

5. The Mayor's Civic Announcements

6. The Leader’s Announcements

7. The Chief Executive's Announcements

8. Questions Received from Members of the Public

In accordance with Standing Order 13.11-13.24 questions from the public must be received by the Head of Democratic and Member Services by 12 noon on Monday 5 December 2011. No more than 3 questions shall be addressed and no person or body or organisation may submit more than 1 question at any one meeting. A time limit of five minutes shall apply per question to cover the asking of the question, the response and any supplementary question and response. Responses will be given either orally or in writing.

The Mayor will invite the questioner to put the question to the Councillor nominated to answer it. The Mayor may receive 1 supplementary question, which must be related to the original question.

Should any questions be received after the date of agenda issue but prior to the closing date for receipt of questions further details will be provided.

9. To Receive Reports from the Executive Board & the Council’s Committees

9.1 Street Trading

Report of the Licensing Committee

9.2 Introduction of a Revised Procedure for Development Management

Report of the Environment and Housing Overview & Scrutiny Committee.

9.3 Cheshire and Merseyside Vascular Services Review Report of Health and Well-Being Overview and Scrutiny Committee.

10. Questions from Members of the Council

In accordance with Standing Order 13.1 – 13.10 Questions must be received by the Head of Democratic and Member Services, in writing by 5.00pm on Tuesday 6 December 2011. The time allowed at Council meetings for asking and responding to a question including any supplementary questions should normally be five minutes.

Should any questions be received after the date of agenda issue but prior to the closing date for receipt of questions further details will be provided.

11. Motions

In accordance with Standing Order 15, motions must be delivered to the Head of Democratic and Member Services by 9.30am on Friday, 2 December 2011.

Should any additional motions be received after the date of agenda issue but prior to the closing date for receipt of motions further details will be provided.

Motion 1

Queen Elizabeth II Fields Challenge

Proposed by Cllr Bob Barr Seconded by Cllr Sandra Bradshaw

This Council

• Notes the Queen Elizabeth II Fields Challenge which aims to safeguard hundreds of outdoor recreational spaces in perpetuity for future generations in celebration of the Diamond Jubilee and as a permanent tribute to Queen Elizabeth II • Regrets that this Council has not put forward any recreational spaces for the Challenge • Requests that Peel Hall Park and other appropriate sites are put forward as candidates for the Challenge as a way of improving our Parks and safeguarding them against development

Motion 2

Proposer: Cllr Lottie Ladbury Seconded: Cllr Tony Higgins

This Council opposes the Government's 2011 Health and Social Care Bill on the grounds that this will further marginalise and negatively affect the most vulnerable people in our town, with cuts to services and provision upon which Warrington people rely.

Motion 3

Proposer: Cllr David Keane Seconder: Cllr Russ Bowden

This Council welcomes and supports the UK-wide campaign to end "legal loan sharking". This Council believes that the lack of access to affordable credit is socially and economically damaging. Unaffordable credit extracts wealth from the most deprived communities and has direct links to devastating outcomes such as poorer diets, colder homes, depression, poor health and arrears with rent, Council tax and utility bills. This Council believes that we should protect the public through the promotion of financial literacy and by supporting affordable lending schemes that will strengthen communities and retain wealth in our local economy. We should promote the excellent work of credit unions across Warrington and encourage them to work together to encourage saving and to widen access to viable, ethical and affordable credit. This Council believes that the Government should take responsibility and ensure the provision of affordable credit for all. We call on the Government to introduce caps on the interest rates that can be charged for credit and to provide the necessary powers to tackle credit providers that have a negative economic and social impact on those most at risk in our communities.

12. Appointments to Independent Remuneration Panel

Report of Cllr H Patel, Executive Board Member – Personnel and Communications.

13. 2011/12 Treasury Management Strategy Half Year Review.

Report of Chief Officer

14. Review of Polling Districts and Polling Places

Report of Chief Executive.

15. Appointments to Committees

Council is asked to give consideration to the following matters relating to appointments to committees:

(1) The following vacancies remain vacant following the resignation of former Councillor S Wilson and the death of former Councillor C Oliver:

1 Vacancy - Economy and Resources Overview & Scrutiny Committee 1 Vacancy – Licensing Committee

If you would like this information provided in another language or format, including large print, Braille, audio or British Sign Language, please call 01925 443322 or ask at the reception desk in Contact Warrington, Horsemarket Street, Warrington.

MEETING OF THE COUNCIL

31 October 2011

Present: The Mayor (Councillor M Biggin) In the Chair

Councillors: B Axcell, R Barr, K Bennett, K Bland, S Bland, R Bowden, P Bretherton, B Brinksman, P Campbell, P Carey, J Carter, J Davidson, L Dirir, S Dodd, D Earl, C Fitzsimmons, G Friend, C Froggatt, K Gleave, K Hannon, M F Hannon, A Higgins, L Hoyle, W Johnson, C Jordan, J Joyce, D Keane, P Kennedy, J Kerr-Brown, L Ladbury, B Maher, A McCarthy, M McLaughlin, H J Mundry, P Nelson, T P O’Neill, S Parish, D Price, H Patel, F Rashid, K Reynolds, J Richards, S Roberts, G Settle, K Simcock, E Smith, E Welborn, G Welborn, T Wood, S Woodyatt, P Wright, S Wright.

C 43 Apologies

Apologies were received from Councillors I Marks, J Walker and P Walker.

C 44 Code of Conduct – Declarations of Interest

Nil.

C 45 The Minutes of the Council

Resolved, That the Minutes of the Ordinary and Extraordinary Meetings of the Council held on 5 September and 27 June 2011 be signed by the Mayor as a correct record.

C 46 The Mayor’s Announcements

Before the Mayor presented his announcements he extended his deepest sympathy to the family and friends of Lois Preston, the former Great Sankey High School pupil who had died so tragically at the weekend.

The Mayor had fulfilled just over sixty engagements since the last Council meeting and recognised that each engagement was important and offered a brief summary of them as follows:

• the end of season presentation evening at the Halliwell Jones Stadium which had been a glittering event celebrating the achievements of individuals and the team over the past season.

• the awards ceremony for the Warrington Disability Partnership and to celebrate the outstanding achievements of the organisation which had now gained international recognition.

• Heritage trail as part of Heritage Day in Warrington and hoped that more significance could be attached to this in future years to celebrate Warrington’s rich history.

1 • on 14 September 2011 many people had attended the funeral of the late Colin Oliver and it was a true mark of the esteem in which Colin was held that his funeral was attended by so many significant officers from Cheshire Fire and Police Authorities, Grenadier Guards and the Council and also by so many of the local people who knew and loved Colin. It was a very appropriate tribute.

• Guardian Business awards at The Park Royal and thoroughly enjoyed the evening in the company of Christine and Neil Hamilton and also Councillor O’Neill. Warrington Borough Transport picked up another award and the Mayor congratulated them and all who were nominated. These successes showed that Warrington has a vibrant and successful business community.

• Several events relating to the Older People’s Celebration Day, it had been an interesting day and the Mayor congratulated the organisers. This had coincided with the World’s Biggest Coffee morning in support of MacMillan Nurses which was a worthwhile cause.

• Launch of the first Warrington Contemporary Arts Festival, which was an astonishing performance of “Not Now Darling “ by Burtonwood Amateur Dramatic Society, The Importance of Being Earnest by The Centenary Theatre Group, several Civic Services across the region, the opening of Barrow Hall College and the 250th anniversary of G and J Greenalls.

• Visited Liverpool Cathedral several times for a range of events and was pleased to meet many of Cheshire’s Civic Dignitaries at Chester Town Hall.

• Presentation of medals to the new Aldermen of Warrington and hosted the Duke of Lancaster Regiment Service of Remembrance which was attended by 26 Mayors from across Lancashire. Travelled to Northern Ireland to support the continuing Peace Process.

• The Mayor stated that the relationship between Lisburn and Warrington was so important he was trusting that Council in the future would support and nurture it with sufficient and appropriate funding.

• Attended The Shannon Bradshaw Trust which was a tribute to Shannon and raised money for families whose children were seriously ill.

The Mayor thanked the Deputy Mayor and Deputy Mayoress for their support throughout this busy period.

C 47 The Leader’s Announcements

The Leader made the following announcements:

2 Apprenticeships for Young People

The Leader reported that the Council had been awarded a grant of £72,460 from the Coalfields Regeneration Trust to run an incentivised apprenticeship programme in Warrington. This would pay wage subsidies to social enterprises and other Third Sector and Community Organisations to encourage them to take 16-18 year old NEETs (Not in education, employment or training) or unemployed 18-24 year olds into apprenticeship jobs. In conjunction with our own funding, we were ensuring a competitive wage and an attractive programme for young people in the town, especially in the most deprived areas. A similar scheme was also being developed for small private sector employers.

The Leader was proud to have represented Warrington as a delegate to the Coalfields Community Campaign (now the Alliance for Regional Aid) for more than 20 years. This had delivered massive financial benefits to the town and the sub-region. The Leader intended to report on the massive funding leverage that had been gained from these programmes at a future Council meeting.

Youth Café

The Youth Café development in Time Square was well underway with the young people of the town planning the layout, décor and what would be on offer. It was very much a facility for young people, run by young people and would open on 2 December 2011. It would act as a hub for other youth provision in the town and young people would be able to gain information on the range of youth activities across Warrington. Access to these activities would be supported by the transport provided in partnership with other youth providers in the town.

Barrow Hall College

The Leader attended the opening of Barrow Hall College, the new Sixth Form Centre of Great Sankey High School. The opening ceremony was performed by Simon Moran, the owner of Warrington Wolves and a successful local music entrepreneur, along with Alan Yates, the recently retired Head Teacher of the school.

This new build centre, costing some £5.9 million including £3.4 million from the Council, would provide specialist state-of-the-art facilities for almost 400 students. The students worked closely with the architects during the design and fitting out of the building. Valuable space in the main school building had been released and the long- standing temporary classrooms were now being removed.

Lifelong Learning

In the 2010/11 academic year, the Council’s Lifelong Learning service provided opportunities for 2,070 individual learners. That was 30% over the Skills Funding Agency target, despite having no funding increase from previous years. The quality of provision was shown by 89% of teaching observations being rated as good or outstanding, with 97% positive feedback from learners and an Ofsted rating as “good”. Crucially, 17% of learners came from the most deprived Super Output Areas, and a target of 25% had been set for this year. Funding had been secured to improve ICT facilities and learning resources at 4 key venues, with the aim of attracting 150 more learners from areas such as Orford, Westy, Whitecross and Fairfield & Howley.

3 Public Health

It was an honour to Chair the morning session of the North West Public Health Conference that took place in Liverpool earlier this month. Local government was being recognised for its emerging role and Warrington was rightly seen in the region as a leader in public health development.

“It’s All Going On in Warrington” and “Back the Bid”

The Council recently hosted a business breakfast to launch the “It’s All Going On in Warrington” campaign at the Pyramid. More than 100 businesses attended and showed a great deal of interest and enthusiasm for the campaign. The Leader stated that the Administration was forging strong links with local businesses through this kind of event and have enjoyed similar success gaining business support for our “Back the Bid” programme for the 2013 Rugby League World Cup.

Contemporary Arts Festival

Warrington’s first Contemporary Arts Festival was drawing to a close. There had been numerous events taking place across the town over the last month, bringing increased visitors to the town centre. A coherent strategy was being adopted for events in Warrington, using our investments in the town to make a wider attractive offer to visitors.

The Postlethwaite Studio

The Postlethwaite Studio had been opened at the Pyramid and was celebrated by members of Pete Postlethwaite’s family and members of the Council. The renaming of the space attracted a lot of positive media coverage and gave a fitting tribute to a wonderful actor and a famous son of Warrington.

Affordable Housing

Warrington had secured 456 new build homes over the 4 year duration of the Affordable Housing Programme. It was vital that the mix of housing provision met the needs of residents and this was great news for the town.

Questions to the Leader

Councillor R Barr • Welcomed a full and optimistic report by the Leader and looked forward to receiving a report back on the allocation of funds from Coalfields in particular the amount allocated to each Authority, the cost of the representation and Warrington’s overall share of the monies.

The Leader responded on the success of Coalfields in achieving funding given the present Government had wound up the North West Development Agency. He referred to specific amounts of funding achieved and that the current model was being used as an exemplar model for partnership working.

• What role has the private and voluntary sector had in the Youth Café?

The Leader stated that the Local Authority through the Youth Service had facilitated the provision of the Youth Café. The private sector had been used to help fit the Cafe 4 out and were looking to further expand in the nearby area around Time Square in areas of social enterprise.

• Welcomed the news about affordable housing but he had concern that it was over 4 years and was there enough funding for the future?

The Leader stated that he would provide a written response.

• How successful had the ‘Get on Line Day’ been?

Councillor Patel stated that initial feedback of the launch indicated that it had been successful and there had been a good variety of people at the 3 locations. A report was yet to be presented to him on the findings. He further referred to the android process and the benefits of it for the consumer eg details of bus timetables, blocked roads etc.

Councillor B Axcell

Councillor Axcell asked Cllr Dirir why Halfords was the only cycle shop in the town to be involved in the cycle to work scheme.

Councillor Dirir stated that she would provide a written response.

Councillor K Gleave • Councillor Gleave asked what areas of work would the apprenticeships be involved in?

The Leader responded that it was important that the rights skills were in place to bridge any gaps and he would do his best to ensure that this was the position. He further referred to the importance of young people being skilled in engineering.

• Councillor Gleave asked the Deputy Leader how much the cost of the refurbishment of the skittles had been?

The Deputy Leader responded that £100k had been reprioritised as monies for work on the Guardians. He further stated that more had been done in the town centre over the previous 5 months than the last 5 years under the previous Administration.

• Councillor Gleave asked Councillor Carey if he could explain the savings achieved relating to the slippage in capital projects?

Councillor Carey reported that the capital budget traditionally underspent by 20% there was therefore capacity to use this money in a different way. In the current year there was the same problem. The other option was to programme work at 110% of the budget to maximise funding.

Councillor K Reynolds

• Councillor Reynolds asked whether the increase in footfall had increase spending?

The Deputy Leader responded that it had.

5 Councillor Reynolds asked Councillor Dirir for a written response to his question from the previous meeting relating to the station at Chapelford.

Councillor Dirir apologised and reported that she would provide a response.

C 48 Chief Executive’s Announcements

The Chief Executive made the following announcements:

The Chief Executive stated that, as the Leader had said, it really was ‘All Going On In Warrington’ and looked forward to seeing that strap-line accompany a fantastic series of events, starting next month with the traditional Christmas celebrations.

The Chief Executive drew attention to the following achievements attained over the last month:

• The ‘Don’t Leave Them Hanging’ campaign aimed at increasing the number of foster carers in Warrington was launched from 18 October 2011. In Warrington, there were currently 230 young people who needed someone to provide care for them and to highlight the issue, some of the Council’s existing Foster Carers teamed up with the Wolves’ mascot, Wolfie, seen that evening and Councillor Colin Froggatt to put on a display in Golden Square to showcase the positive difference fostering could make. The phone lines were buzzing with activity soon after and it was hoped that there would be a big boost in interest resulting from the campaign.

• Stockton Heath had become the first village in the UK to be awarded the prestigious Purple Flag. It was an accolade that was usually only given to towns and cities which demonstrated the highest standards of night time management, it was a real coup that Stockton Heath was the first village to attain the status. The achievement was the result of excellent local partnership working between the Council and the Stockton Heath Village Early Evening Economy Working Group which represented a number of local businesses, public sector and voluntary groups as well as residents’ representatives and the local youth MP. The Chief Executive congratulated them on their hard work to promote the village as a safe and welcoming destination for everyone to enjoy.

• As mentioned, today was Get Online Day and the Chief Executive was delighted that Warrington had been at the forefront of national activities to encourage people to get their information online. There were three hotspots of activity across the town centre today, with interactive demonstrations in the market, bus interchange and Contact Warrington, and extra ‘taster’ sessions for web novices in our libraries. This was all part of the Race Online 2012 initiative to encourage more people to access services, take up superfast broadband and engage with their Council in ways and at times that were convenient for them.

• The Chief Executive congratulated a couple of very hard working teams who had been recognised for their efforts recently. The Payroll Team had been selected as finalists for the national 2011 payroll awards and the census team, which included representatives from Partnerships and Performance, Communications, GIS and Research were highly commended for Best Census Communications. Well done to them all. 6

C 49 Questions Received from Members of the Public

There were no questions from members of the public.

C 50 Overview and Scrutiny Annual Report 2010/11 and Work Programme 2011/12

Council received a report of the Overview and Scrutiny Chairs that considered the Overview and Scrutiny Annual Report 2010/11 which had been submitted on behalf of members of the Overview and Scrutiny Committees and to note the Work Programme for 2011/12.

It was proposed by Councillor J Joyce and seconded by Councillor P Bretherton and it was resolved,

That the Council:

(1) noted the contents of the Overview and Scrutiny Annual Report 2010/11 and the considerable activity and impact of the Overview and Scrutiny Committees in the past year;

(2) agreed that the report be published; and

(3) noted the summary of the Overview and Scrutiny Work Programme 2011/12.

Reason for Decision: There was a requirement under the Constitution for Overview and Scrutiny to provide an Annual Report to the Council. The report was a key method of demonstrating that the Council had an effective Overview and Scrutiny function in accordance with Section 21 of the Local Government Act 2000.

C 51 The Introduction of a Revised Procedure for Licensing Hearings

Council received a report of the Licensing Committee that sought approval to amend the Constitution to enable licensing applications where all parties agree to dispense with a full hearing to be delegated to the Chair and Deputy Chair of the Licensing Committee for approval.

It was proposed by Councillor B Maher and seconded by Councillor P Nelson and it was resolved,

That Members approve the amendment to the Constitution as set out in Appendix 1 of the report.

Reason for Decision: To ensure that decisions taken by the Licensing Authority were legally robust, timely and cost effective.

C 52 2010/2011 Annual Report of the Audit and Corporate Governance Committee

7 Council received a report of Councillor C Fitzsimmons, Chair of the Audit and Corporate Governance Committee that provided an overview of the work completed by the Audit and Corporate Governance Committee during the municipal year 2010/11.

It was proposed by Councillor C Fitzsimmons and seconded by Councillor P Bretherton and resolved,

That Council accept the Audit and Corporate Governance Annual Report 2010/22

Reason for Decision: To ensure the Audit and Corporate Governance Committee followed best practice as recommended by CIPFA in promoting open and transparent governance.

C 53 Questions from Members of the Council

Question 1 - From Councillor P Kennedy to Councillor D Keane, Executive Board Member, Environment and Public Protection.

Are there any powers that WBC have that can stop the likes of 10p alcoholic drinks promotions, which encourage alcohol abuse and have recently given our Town such adverse national media coverage?

Councillor Keane reported there was currently no legally enforceable minimum value that alcohol could be sold at, although minimum alcohol pricing was being considered as part of the public health agenda.

All premises licences had a mandatory condition relating to irresponsible drinks promotions. However, there was no legal definition of an irresponsible drinks promotion and Licensing Authorities could not legally prevent venues from holding drinks promotions.

Officers had instigated action against two venues for holding irresponsible drinks promotions prior to any of the recent publicity. This had resulted in an application to review the Funky Box Premises Licence; with the hearing due to take place on 8th December. The other venue had removed their irresponsible drinks promotion and the Authority was currently in discussions about varying their licence.

Question 2 – From Councillor P Kennedy to Councillor K Hannon, Executive Board Member for Leisure, Community and Culture.

Can you please provide an update on the investment programme for the Walton Estate, and progress to date in sympathetically developing the Estate’s commercial opportunities?

Councillor K Hannon reported that £500k capital funding had been made available for the current financial year and the next 2 years to help improve the structure of Walton Estate. A Working Group had been established and outline plans were being drawn up for consideration by the architect. She stressed the need to preserve the character of the estate.

There had also been an increase in the marketing of the estate including several key events such as the Cheshire Food Show. The band stand had been renovated and

8 was now being used at weddings. The Victorian Christmas theme at the estate was to commence shortly.

As a supplementary Cllr Kennedy asked whether it was to be part of the leisure trust?

Cllr Hannon reported that it would not be.

Question 3 - From Councillor B Axcell to Councillor M Hannon Deputy Leader.

During the previous administration Councillor Hannon often claimed in the Council Chamber that staff morale was low for example on 3/09/07 and 22/03/10.

What measures has Councillor Hannon taken since May 2011 to improve staff morale?

Councillor Hannon responded that whilst in opposition he had asked about the morale of officers on many occasions and had even been ridiculed at one Council meeting whilst he had tried to deal with this serious issue. At the time he had referred to one member of staff with 46 years service who had left at that time, thereby illustrating the point.

He went on to say that when Labour became the leading group on the 5th of May and eventually becoming the Administration at the end of that month he had inherited the issue. Morale was already at a low point. The decision to reduce the budget by £2 million through changes to terms and conditions had already been taken.

Since taking office Cllr Hannon referred to the efforts he had gone to personally in talking to staff about the issues including the 9/10 roadshows (involving approximately 1000 members of staff), he had tried to personally respond to all emails sent to him and he had visited staff within their work places.

This issue went against his beliefs but he was facing up to his responsibilities.

Half way through the previous week through discussions and suggestions being put forward, Councillor Hannon had felt that morale was starting to change. He further referred to an email that he had received from a member of staff that talked of strong leadership and the positive discussion had even led to a round of applause at the end of the debate.

As the Administration the group had been clear that it wished to listen to employees and Cllr Hannon referred to the work of Cllr Bowden through the ‘Insight Programme’ that was established to give Councillors an opportunity to see at first hand the issues facing the front line staff.

The Administration though had to start somewhere and it was hoped that the conclusion would be as painless as possible. Cllr Hannon concluded by saying that even though it went against his beliefs he would not negate his responsibilities.

As a supplementary question Cllr Axcell asked if staff morale would be better if Cllr Hannon was prepared to sit down and talk to trade union representatives, as the last administration did, and as he has been recommended to do by one of his own councillors, to avoid trade union representatives describing industrial relations as

9 being at an all time low and a state of war, or is he happy that he has wrecked the good industrial relations built up by the previous administration in just five months?

Councillor Hannon responded that he would decline to answer the question in view of a meeting that was to take place over the following 24 hours.

Question 4 - From Councillor B Axcell to Councillor C Froggatt, Executive Board Member, Children and Young People’s Services.

Last year Central Government commissioned Darren Henley, the Managing Director of Classic FM, to conduct a review of music education in England. His report has been delivered and the Government has published a formal response to it.

What actions on music education are being taken by the Council in the light of the Henley report and the government response to it?

Councillor Froggatt reported that, the arts adviser, had prepared a paper on the implications of the Henley report for the Directorate management team. From 2012 Warrington would need to operate as part of a “Music Education Hub”. Approaches had also been made to Halton and Wigan as potential partners in the “hub” and was also collaborating with the Halle Orchestra, Northern Chamber Orchestra, Warrington Youth Orchestra, and Sir Thomas Boteler Church of England High School (specialist Music College). The Adviser was also working with the Music and Cutlure groups of the “Merseyside Learn Together Partnership”. The success and reputation of the Warrington Music service meant that potential partners were keen to both to work with Warrington and saw it as a leader. The position on funding beyond August 2012 was unclear but it was likely that central funding would significantly reduce or even disappear so the Arts Adviser was actively exploring other funding avenues so that the current highly valued and very successful support for music education in Warrington schools could continue.

As a supplementary Cllr Axcell asked whether the Council would continue to support Warrington Youth Orchestra?

Cllr Froggatt responded that, at present, there was no intention to withdraw support however given the current reduction in funding by Government all funding would be under review not just including Children’s Services.

Question 5 – From Councillor K Reynolds to Councillor L Dirir, Executive Board Member, Highways, Transportation and Climate Change

Can the relevant Executive Board Member, give an update on mitigation measures for Warrington, now that HM Government has agreed to fund the Mersey Gateway?

Councillor Dirir referred to the Council and Halton Borough Council signing a Memorandum of Understanding (MoU) in October 2009, by the Portfolio Holder at that time which, whilst confirming the Council’s support for the Mersey Gateway scheme, directly addressed the issue of the potential need for measures to be introduced in Warrington.

Now that Halton Borough Council had had final approval for the Mersey Gateway scheme discussions had already taken place at a recent meeting involving the respective Council Leaders and Portfolio Holders for Transportation. It was agreed

10 that Warrington Borough Council would be fully engaged in the project and that both Councils were fully committed to the MoU.

Discussions would commence in the near future about the predicted traffic impact on Warrington and that an update would be provided to members.

As a supplementary question Cllr Reynolds said that he hoped that Warrington was going to be as forthright as Halton Borough Council as he had noted that at recent meetings they had discussed toll discounts for residents.

Cllr Dirir said that reductions in tolls for Warrington residents would not form part of the mitigation measures.

Question 6 – From Councillor B Barr to Councillor H Patel, Executive Board Member, Personnel and Communications

Will Councillor Patel please give us an update on his review of new technology for officers and members?

Councillor Patel reported that the review was going well but technology was constantly changing. He was keeping a watching brief on the new technology coming through and equipment was being replaced when it was no longer fit for purpose.

With regard to member’s equipment, laptops were being upgraded. He also offered members the opportunity to speak with him directly should they have any issues or concerns.

As a supplementary question Cllr Barr asked if electronic information would be available on a ward by ward basis for Councillors similar to that in Birmingham City Council that provides a dash board system of the completion rates of complaints on a department by department basis?

Cllr Patel said that he would provide a written response.

Question 7 – From Councillor B Barr to Councillor T O’Neill, Leader

Will the Leader please clarify the role of Champions and let us know to whom they are accountable?

The Leader responded that a report went to Executive Board on 15 August 2011 relating to this matter.

The report sought to formalise the arrangements relating to the appointment of Champions and Ambassadors.

Previous to this point the Leader, at that time, Cllr Marks provided Council in March 2009 with a list of Member Champions which included a mixture of formal and informal Champions.

It was therefore timely to review and formalise arrangements.

At the meeting on 15 August it was agreed that:

11 • The existing champion’s roles as set out in Council Minute C86 from 30 March 2009 be revoked.

• A series of appointments to the role of Champion/Ambassador be established covering 9 service/project areas. This included Orford Park Project which was a task and finish appointment.

• A definition of the role

• The term of office for the position and arrangements for removal from the position.

In terms of accountability the positions had no decision making roles and the post holders are unable to discharge any functions on behalf of the Council.

Removal from office would be via a report to the Executive Board.

As a supplementary question Councillor Barr asked if other Councillors would be able to scrutinise Champion/Ambassadors?

The Leader responded that they would be able to do this through the scrutiny process.

Question 8 – From Councillor C Jordan to Councillor T O’Neill, Leader

Could the Leader give us an update on progress being made on the enquiry into the Culcheth application investigated by the Ombudsman?

The Leader responded that the Council had identified a barrister with expertise in planning law to conduct the enquiry. Discussions were taking place to agree the precise terms of reference and the way in which the enquiry would be conducted

As a supplementary question Councillor Jordan asked about the timetable for the peer review in planning.

The Mayor indicated that the supplementary question should relate to the answer just given. He further indicated that the supplementary question related to a different investigation and that, therefore, the supplementary question should not be answered.

Question 9 – From Councillor K Gleave to Councillor D Keane, Executive Board Member Environment & Public Protection

The Council has been using e-technology for a number of months to inform parish councils of planning applications. In accepting this revised system, parish councils were told they may be able to recover the cost from the Council. Can the responsible executive member give me an update on the success of the system and when parishes may be able to claim costs?

Councillor Keane reported that under the previous administration a decision had been taken that for cost cutting purposes Parish Councils would view documents online. A laptop was to be provided to Parish Councils with all the appropriate technology on it together with a package of internet access. The equipment had

12 recently arrived and was to be distributed. Feedback on the new way of working was welcomed.

Councillor Gleave as a supplementary asked whether it was acceptable for a member of the public to come to the Committee and not be able to access IT to provide their presentation.

Councillor Keane stated that with prior notice he was sure that this would be acceptable.

Question 10 - From Councillor K Gleave to Councillor D Keane, Executive Board Member Environment & Public Protection

Could Councillor Keane tell me if any conditions are placed on non dwelling applications that aim to limit vehicle usage?

Councillor Keane reported that all applications for planning permission were considered in the context of national guidance and current WBC planning policy relating to highways and transportation issues. This included exploration of the best ways of reducing dependence on the use of the private car and increasing the use of more sustainable means of transportation. Minimum parking standards were applied and where appropriate Green Travel Plans were required. Conditions attached to permissions would reflect these requirements.

As a supplementary question Cllr Gleave asked whether it would be possible to add cycle racks to conditions to increase cycle usage?

Cllr Keane responded that he did not know but would provide an officer response.

Question 11 - From Councillor L Ladbury to Councillor R Bowden - Executive Member, Corporate Assignments

What steps is this Council taking to actively support the local economy?

Councillor Bowden reported that from May, the Administration had specifically targeted the promotion of new jobs and support for the local economy. This was an integral part of its pledges at the last election and was central to the mandate that it received to form the new Council administration.

Supporting local business was more than just about awarding contracts to local firms. The commitment was to enhance the overall business strength and vitality of Warrington, through pledges that:

• Let local businesses thrive and create more local jobs; • Kick-started redevelopment of the town centre and market; • Create apprenticeships for school leavers; • Helped local businesses to win Council contracts; • Supported wider business growth across the town.

The strategy was based on three simple concepts – improving the business environment, providing businesses with the right skills and opportunities, and doing its utmost to support those businesses in these difficult times.

13 In terms of the business environment, the Administration had recently announced the contract award for the redevelopment of Bridge Street and the market, which would transform the town centre and revitalise its economy. This was a powerful commitment, maintaining investor confidence in Warrington and supporting longer term economic growth. In the meantime, £100,000 had been committed through the “quick wins” programme and Cllr Mike Hannon continued to work with town centre business leaders and the Town Centre Neighbourhood Board to strengthen the town centre economy and appeal. This was already bearing fruit with increased town centre footfall, supported by an events strategy that broadens the visitor appeal of Warrington.

There has been considerable success in developing a Warrington-wide apprenticeship programme, working in partnership with major local businesses and employers. Cllr O’Neill was personally driving forward the apprenticeship programme, signalling its importance to local business leaders.

In terms of supporting local businesses, Cllr Bowden had been working with officers through the Strategic Procurement Panel to take forward a number of key initiatives that would open up the contract process to local Companies, including:

i. Simplifying and streamlining the pre-qualification process for local small and medium-sized enterprises;

ii. From November 2011, inviting tenders for Council contracts via “The Chest”, the North West local authority procurement portal, in addition to existing methods such as OJEU;

iii. Comprehensive advertising of these initiatives with local firms on our contractor database and more widely in local media;

iv. Offering training and support to local businesses tendering for Council contracts.

This was a coherent strategy for the Warrington economy. It had been well received by the business community and clearly signalled that this Council was on the side of local businesses and local people.

As a supplementary question Councillor Ladbury asked what support was being given to SMEs (Small, medium enterprises)?

Councillor Bowden responded that there would be a focus on SMEs and recognised their importance in the economic mix. SMEs based in Warrington were more likely to employ local people and hence much of the wages and salaries were actually spent in Warrington and directly supported the local economy.

In addition to the main points set out previously, the Administration had committed resources and support specifically to small businesses and organisations in the town.

It was recognised that many small businesses were located in the town centre. Were justified and on a case-by-case basis, rent concessions on commercial property owned by the Council, were allowed. This enabled the businesses to continue to operate and function within the town, rather than face closure or relocation out of Warrington.

14 The Administration were also looking at how it could streamline and simplify the Council’s procurement process for SMEs, including use of The Chest web portal for the tendering of Council contracts. It was believed that this would have a real positive benefit for local businesses.

The Administration were actively engaged in partnership with businesses across the town, providing advice and opportunities, such as links to apprenticeships and training. It was offering support for recruitment, retention and employment issues, to encourage and enable them to take on more local people. Wage subsidies were also being offered as an incentive to offer apprenticeships, particularly for NEETs and other young unemployed people.

The Council’s spending with local businesses has fallen in recent years to around 38%, which was equivalent to the loss of around £10m a year from the local economy under the last administration. However, Members should note that many neighbouring Councils also placed contracts with Warrington businesses – with a total value in excess of what this Council places itself. This meant that the Authority needed to get the optimum position for the town.

The current target for spending with local Companies was 45%. However, this was based on the Council’s spending with Companies that were registered in the Warrington area. This did not necessarily mean that the effect of that spending was felt directly here in Warrington. That was why we would set specific targets for SMEs in order to directly measure the impact of the Council’s spending here in Warrington.

Question 12 – From Councillor K Reynolds to Councillor L Dirir – Executive Board Member, Highways Transportation and Climate Change

Can the relevant Executive Board Member give the Time Line for WBC to adopt Boston Boulevard or Washington Drive on Chapelford?

Councillor Dirir reported that it was expected to be adopted summer/autumn 2012.

C 54 Motions Received from Members of the Council

Motion 1

Proposed by Councillor P Campbell - Penketh & Cuerdley Seconded by Councillor R Barr - Lymm

That this Council:

• Notes the recent proposal from the Boundary Commission to redraw the Parliamentary constituency boundaries of Warrington and the surrounding area.

• Is concerned that the Commission’s recommendation would see 55,987 voters in Warrington change their MP and would put Penketh and Cuerdley into a new constituency, 91% of which would be outside of the Borough of Warrington.

• Believes that the Commission’s proposals would be detrimental to the electoral representation of the people of Warrington and particularly those in Penketh and Cuerdley. 15

• Calls on the leaders of all three parties to develop and support counter proposals which would respect the boundaries of our town.

Amendment to Motion 1

Proposed by Councillor L Dirir Seconded by Councillor D Keane

That this Council:

• Notes the recent proposal from the Boundary Commission to redraw the Parliamentary constituency boundaries of Warrington and the surrounding area.

• Seeks to reassure the residents of Penketh & Cuerdley that, even if these proposals are adopted – they will continue to remain Council Tax payers of Warrington Borough Council, retain Warrington addresses, will continue to be represented by three Warrington Borough Councillors and Penketh and Cuerdley Parish Councils, and will only be part of a Halton Constituency when voting for their MP.

• Acknowledges that this situation in Penketh & Cuerdley has occurred due to the Coalition Government’s instruction to the Boundary Commission to reduce the number of MPs by re-arranging all Constituencies across the UK.

The amendment to the Motion was put to the meeting and was carried.

The amended Motion, being the Substantive Motion was put to the meeting and was carried.

Motion 2

The following Motion was;

Proposed by Councillor D Keane Seconded by Councillor L Dirir

This council urges the coalition government to take urgent action to legislate for a minimum price per unit of alcohol in order to assist in reducing the harm caused by excess alcohol consumption and seeks the support of the towns MP's in our campaign.

Amendment to Motion 16 Proposed by Councillor K Gleave Seconded by Councillor T Wood

This council urges the coalition government to take urgent action to legislate for a multi-faceted approach (including education, stricter licensing controls and minimum pricing) in order to assist in reducing the harm caused by excess alcohol consumption and seeks the support of the town's MP's.

The Meeting adjourned for 15 minutes.

Altered Motion Proposed by Councillor D Keane Seconded by Councillor L Dirir

This council urges the coalition government to take urgent action to legislate for a minimum price per unit of alcohol in order to assist in reducing the harm caused by excess alcohol consumption and further calls for a multi faceted approach including education and stricter licensing controls and calls upon the support of the town’s MPs.

The altered Motion being the Substantive Motion was put to the meeting and was carried.

Signed………………………….

Dated…………………………

Leader’s Announcements - Cllr Terry O’Neill

December 2011

Over the last few months, politicians from all parties, economists and media commentators have become more vociferous raising their concerns about the worsening economic outlook, the rising levels of unemployment and the obvious impact of public sector cuts to local government authorities.

These are exactly the kind of issues that I have been raising with my Labour Group colleagues since we formed our administration in May. However, I intend to use my Leaders announcements to Council this evening to focus on some of the positive things that we have every right to celebrate here in Warrington.

• Winning the right to host games for the Rugby League World Cup in 2013 and being a team training venue will give a massive boost to the local economy. However, for the Rugby League to choose Warrington as the place they wanted to announce their North West choices of venues is in itself a massive vote of confidence not just in our bid, but also in all the staff and partners who helped to really put Warrington on the map.

• Last year Paul Hanagan, from Latchford, became the first person from the North West to win the accolade of Champion Jockey in over 100 years. Amazingly, he has retained this title for a second year. We intend to acknowledge this remarkable achievement in the New Year with a Council reception at the Town Hall on Wednesday, 4 January 2012. This will be a fitting tribute to mark his outstanding sporting achievement.

• Carrying on the sporting theme, we have been chosen as a host town for the Olympic Torch Relay in 2012. Coupled with the Orford Park project and the opening of the Decathalon store, this is yet another important part of the Olympic legacy for Warrington.

• No one can fail to be amazed by the fabulous new Town Centre Youth Café which opened this month. On the opening day over 250 young people signed up to use the facility. Thank you to everyone involved in the initiative, the young people themselves and also Impact; they kept pushing the need for this facility and their hard work has finally paid off.

• I am delighted to announce that we have secured £1million of funding to finally provide disabled access to Birchwood train station. This is a campaign that local Labour Councillors – and in particular Cllr Pauline Nelson – have been pushing for over 20 years.

• The number of Town Centre visitors has increased significantly and I would like to thank Cllr Mike Hannon who has personally overseen the “It’s all going on in Warrington” initiative. The Town Centre economy is vital for a growing town like

Warrington and the more we can do to attract people, the more faith businesses and traders will have in Warrington to invest and create much needed jobs. Warrington is now recognised as one of the leading visitor attractions in the country and we will continue to work with our partners in the business, retail, culture and leisure sectors to further improve our town as a visitor destination.

Finally, can I take this opportunity to wish you all a very Merry Christmas and a Happy New Year.

Portfolio Report, December 2011

Mike Hannon – Deputy Leader

“It’s All Going on In Warrington”

As we approach the end of the year we can celebrate an extra 30,000 visitors to our Town Centre this year for arts, culture and community events. This will culminate with our impressive Christmas programme with over a month of co-ordinated events across the town centre. Built on strong partnership working with our voluntary and business sector the programme started with a very successful Christmas lights switch on, and has included themed weekend events with music festivals, Christmas markets, street entertainment and family events with over 21 events attracting residents and visitors to Warrington.

Town Centre at Night

I recently spent a Saturday evening with partner agencies in Warrington town centre. This allowed me to witness first hand the various issues that occur on a typical night in Warrington.

I was extremely impressed by the way in which the police handled, coordinated and communicated as a team in handling the large number of visitors to the town and keeping order. In particular, the liaison between the police, the CCTV operations team, door security and taxi rank security staff was very impressive. In addition, there was clear professional judgement and balance being exercised in dealing with the few incidents that did occur.

Portfolio Report, December 2011

Pat Wright – Executive Member, Health & Wellbeing and Adult Services

White Ribbon Campaign

The White Ribbon Campaign, from 25 November to 10 December 2011, is an international campaign encouraging men of all ages to pledge that they will never commit, condone or remain silent about domestic violence and abuse.

The campaign aims to raise awareness about domestic abuse.

Domestic abuse affects 1 in 4 women and 1 in 6 men at some stage in their lives and can have a devastating impact on their children too – it is estimated that 750,000 children witness domestic violence each year in England (1).

“I’m proud to support the White Ribbon Campaign. Wearing the White Ribbon is about challenging the acceptability of domestic abuse, encouraging a united front and helping all victims to break the silence and speak out against violence and abuse in the home.”

It would be great if all Council Members participated in the Campaign.

Pledge Made to Reduce the Harm to Children Caused by Alcohol

On behalf of the council, I gave our support to a pledge, led by NHS North West, to reduce the harm to children and young people caused by alcohol.

Together with Councillor Froggatt, I wanted to highlight support to the children and young people of the North West that alcohol as a significant cause of harm and commits to collectively safeguarding them against its impact, by:

• Actively seeking the views of children and young people to better understand their needs and strive to deliver the services that they want to see, • Ensure children and young people have the opportunity to develop the skills, knowledge and confidence to keep themselves safe and reduce the potential harm to them from their own and other’s drinking, • Ensure that all services do their best to protect children and young people from alcohol related harm from their earliest years through to adulthood, • Ensure that parents are equipped with the skills, knowledge and confidence to protect their children from alcohol related harm as they grow up, • Do all we can to make sure children grow up in an environment where they are not put under pressure to drink by advertising, the availability of cheap alcohol or illegal sales.

“I’m proud to be supporting this important pledge to reduce the harm caused by alcohol to children and young people in Warrington. I look forward to working with partners to put these promises into action.”

The actions outlined in the pledge will be incorporated into the Drug and Alcohol Action Team’s alcohol strategy for 2012.

Alcohol Awareness Week

A whole host of activities for all age groups took place in Warrington during Alcohol Awareness Week, a national event led by Alcohol Concern, from Monday 14 November to Sunday 20 November.

PhaZe, the young person’s substance intervention scheme run by Warrington Youth Support Service in partnership with Connexions attended and:

• Spoke to groups of young people around the topics of – the social cost of alcohol and ‘what is a drink problem’ at their drop in sessions at Connexions on Thursday 17 November from 4 - 5.30pm. • Hosted two events about the risks of alcohol to young people with the mobile youth bus. One at Bewsey Pavilion and another at the Recreation Centre at Lysander.

ADS (Addiction Dependency Solutions) has hosted a question time style panel to ask people 'is it time to call time on Warrington’s drinking culture?'

Footsteps, who support people who are coping with someone else’s drug or alcohol misuse attended and offered advice and information at Burtonwood Community Centre, Chapel Lane, and Fairfield and Howley Neighbourhood Project, Fairfield Street, throughout alcohol awareness week.

The Drug and Alcohol Action Team (DAAT) met with partners to discuss the development of a new alcohol harm reduction strategy for Warrington from April 2012. The strategy will seek to co-ordinate efforts to tackle the problems caused by alcohol misuse. This includes ensuring people are aware of the risks, making sure there is treatment available for those that need it, working together to reduce alcohol related crime and supporting families.

“The harm caused by alcohol misuse can be absolutely devastating and can affect anyone at any age. That’s why it’s really positive that so much is going on during Alcohol Awareness Week to engage people of all ages on this important issue. I look forward to working with the Drug and Alcohol Action Team to develop a new alcohol strategy for Warrington.”

Stay Safe this Christmas

Warrington Drug and Alcohol Action Team (DAAT), with support from Cheshire Police, launched their Christmas campaign on the 25 November at The Cotton Mill pub on Barbauld Street.

The campaign, which the DAAT are working on with Warrington and Stockton Heath Pubwatch schemes, aim to help people to stay safe when they are on nights out this Christmas.

Phaze, Warrington’s youth support service are also supporting the campaign and will be visiting local colleges and sixth forms during December to share tips on how to stay safe with young people.

Top tips for staying safe on a night out:

• Look out for everyone in your group • Plan how you are getting home at the end of the night • Keep your drinks in sight • Walk away from trouble • Drink responsibly

“This Christmas campaign aims to help everyone to stay safe while enjoying themselves on festive nights out. Whatever age you are, check out our website for tips on how to make sure you and your friends stay safe.”

Southern Cross Homes Now Under New Management

Following discussions with the three landlords, suitable alternative care providers have been identified and the delivery of care services has now been transferred to them. This will allow residents to stay in the homes they are currently in and continue to be supported by the same staff.

“I am pleased to confirm that the three Southern Cross care homes in Warrington have now been transferred to the new providers. The new operators have satisfied the council, our partners and care regulators of their credentials.

“Thankfully our robust contingency plans were not required on this occasion but I can reassure residents and their families that we are well prepared should a similar situation arise in the future.

“We will continue to monitor these homes closely to ensure the quality of provision is maintained, as with all of Warrington’s care homes. We would like to thank care home residents and their families for their patience in recent months.”

Southern Cross Homes Now Under New Management

“Thankfully our robust contingency plans were not required on this occasion but I can reassure residents and their families that we are well prepared should a similar situation arise in the future.

Vascular Review

Together with cross party members of the Overview & Scrutiny Committee, we considered the proposals from the Merseyside and Cheshire clinical review of vascular surgery which concluded that there should be two centres for certain surgical interventions for vascular problems and that these should be the Royal Liverpool and the Countess of Chester.

These proposals were considered alongside an assessment of the impact of such a proposal on Warrington and Halton Hospital.

Members of the OSC were not convinced why there should be two rather than three centres for such surgery and were not sufficiently reassured that the risks to our local hospital from review’s proposals could be mitigated. Accordingly, the Committee agreed to make its views known through a joint overview and scrutiny panel with St Helens and Halton Councils in the New Year. their patience in recent months.”

Winter Planning

Work continues on a daily basis to ensure that the whole health and social care system is able to withstand any surge in demand for hospital admissions over the winter period. Council staff have initiated daily conference calls and weekly whole systems meetings so that they can be fully prepared

for the winter period and are able to have a complete grip on the system in relation to avoiding inappropriate hospital admission and facilitating appropriate hospital discharge.

This work puts the Council in a secure position to protect our most vulnerable people and ensures that the Warrington health and social care system works effectively across a period of potentially great demand.

Portfolio Report, December 2011

Kate Hannon – Executive Member for Leisure, Community & Culture

Orford Park

The Orford Park Project was awarded the Inspire Mark by the London Organising Committee of the Olympic Games in recognition of the project’s contribution to developing and spreading the wider Olympic values and community benefits of the Games. The Project also received an Embrace the Games Award at the 2011 Cheshire and Warrington Sports Partnership Awards in recognition of the project’s outstanding contribution to improving health and wellbeing and its potential to grow and sustain community involvement in sport and activity.

For further information please contact: Lesley Brewin , Service Manager, Third Sector and Partnerships on 01925 442885.

Birchwood Leisure & Tennis Centre Birchwood Leisure & Tennis Complex was presented with its Beacon Status award by the President of the Lawn Tennis Association, Peter Bretherton to Cllr. Kate Hannon. Raise the centre profile within the tennis community.

For further information please contact: Barry Geden, Service Manager, Leisure and Wellbeing on 01925 444234.

Portfolio Report, December 2011

Colin Froggatt – Executive Member, Children & Young Peoples Services

Culcheth High School

Since 2003 SCALA has made an annual award to the client and designers of the best building entered for The Civic Building of the Year Award which is now the most prestigious building design award in the public sector.

The objective is to promote the development of high quality public buildings through the formal recognition of excellence in design and construction. This year the event took place at the Marriott Hotel, Leeds, on Friday 11.

Culcheth High School were awarded second place (Highly Commended) for the school building.

Unannounced Inspection of Contact, Referral and Assessment

We had our unannounced inspection of contact, referral and assessment arrangements within local authority children’s services in Warrington Borough Council which was conducted on 9 and 10 November 2011.

The inspectors noted that the areas for development identified at the previous inspection of contact, referral and assessment arrangements in June 2009, and the areas for improvement relevant to this front line service identified in the safeguarding and looked after children inspection in October 2009 and the re-inspection of safeguarding services in January 2011 have all been addressed. The inspectors also noted that the areas for priority action identified at the previous inspection of contact, referral and assessment arrangements in June 2009 have all been addressed.

The inspection sampled the quality and effectiveness of contact, referral and assessment arrangements and their impact on minimising any child abuse and neglect. Inspectors considered a range of evidence, including: electronic case records; supervision files and notes; observation of social workers and Practice Managers undertaking referral and assessment duties; and other information provided by staff and managers. Inspectors also spoke to a range of staff including managers, social workers, other practitioners and administrative staff.

The inspection identified areas of strength and areas of practice that met requirements, with some minor areas for development.

Takeover Day

Takeover Day was held on 11 November 2011 and was a great success. • 23 young people took over positions in the Council including Executive Director, Assistant Director and Chief Finance Officer • 1 young person took over the Mayor's position • 1 young person - the Warrington Guardian's editor • 7 young people - Cheshire Fire and Rescue Service • 8 young people - Cheshire Police • 2 young people - 75 Engineer Regiment • 1 young person - Primary School Head Teacher • 2 young people - Walton Park Ranger • 2 young people - St Gregory’s Head Teacher

The young people, and the officers that took part each reported benefiting from the experience, and had a memorable day.

Peripatetic Music Teacher of the Year Award

Classic FM has honoured six top music teachers in the UK at its 13th Annual Music Teacher of the Year Awards at the Music for Youth Schools Prom Concerts in front of an audience of thousands.

The Awards, presented at the Royal Albert Hall, seek to recognise and reward those teachers who have made a real difference to the musical life of young people.

The Classic FM Music Teacher of the Year Awards celebrate the work of primary and secondary school music teachers, recognise peripatetic/private music teachers, those who work with children with special educational needs and those who have made music teaching their life’s work via an award for Lifetime Achievement.

This year’s Peripatetic/Private Music Teacher of the Year Award was presented to Fran Sixsmith of Warrington Schools’ Arts and Culture Service by Sarah Teather MP, Minister of State for Children and Families on Tuesday 8th November.

Leaving Care Football Team

The Leaving Care Football team, R.I.S.E (which stands for Respect, Involvement, Support and Empowerment) – a name the young people chose for themselves - have won the Leaving Care Football Competition for the third time in a row. This year they repeated their 2009 performance winning against Blackburn in the final on penalties. In total the team have won the trophy 4 times, as they won in 2005 also. This is a great achievement as Warrington’s Leaving Care Team is the only team to win the competition more than once.

On 29th November a presentation evening was held at Warrington Town Hall and the team were presented with the trophy alongside individual awards for their efforts.

Portfolio Report, December 2011

Russ Bowden – Executive Member, Corporate Assignments

Executive Board & Committee Structure Review

The Executive Board and Committee Structure review has led to an outline proposal which is now going out to wider consultation with our stakeholders. The proposal is to reduce the Executive Board in size and to introduce a number of Policy Committees to replace the existing Overview & Scrutiny Committees. We are confident that this will provide greater Member involvement in consultation, policy development and scrutiny, leading to a more inclusive, open and transparent decision making process.

I led two Member workshops last month to keep Members informed about the review and the proposal. These sessions were helpful and I would like to thank those who took part and played an active role.

Following the consultation period, the final proposal will be presented to the Constitutional Sub Committee and the Audit & Corporate Governance Committee in January 2012, followed by full Council in March 2012 for Members agreement, leading to implementation in May 2012.

Events Task Group

Members will be aware that the Olympic Torch Relay will be visiting Warrington in May 2012, including a lunchtime stopover at Orford Park. A project committee has been in place for some time planning this event, under the guidance of the Events Task Group. We are working closely with the project committee on this exciting opportunity to showcase what Warrington has to offer. We intend to include our school children and local residents as widely as possible in a series of events around the Torch Relay and throughout the day.

Council Tendering Process

As part of our drive to making it easier for local Companies to do business with the Council, we have decided to use the North West local authorities tendering portal – The Chest – to advertise our contract opportunities. The first opportunities to be placed on The Chest are now live, inviting expressions of interest for contracts in the Environment & Regeneration area.

Council Strategy

In recent months, I have been working with Cllr Patel and senior officers on a new Council Strategy for 2012-2016. This is a key document that sets out the vision and priorities of the Council, set against the backdrop of swingeing budget cuts imposed by central Government. It will set out the clear direction and objectives of a Labour administration - protecting the vulnerable, developing the local economy and supporting strong and active communities. The document will be presented for approval to the Executive Board and to full Council in early 2012.

Council Meeting – 12 December 2011

Questions from Members of the Public

Question to be Question asked by:- Mrs A Haddow Question 1 – To Councillor P Wright, Executive Board Member, Health and Wellbeing and Adult Services

(Many Warrington people are alarmed and concerned at proposals to move Vascular Services from Warrington and locate them at the Countess of Chester Hospital, thereby putting the lives of Warrington people at risk.

It is recognised by clinicians that treatments, including emergency treatments which come within this category of vascular treatments are many and varied, and by their very nature, time is of the essence. A swift access to treatment is crucial. For instance stroke patients need rapid assessment and treatment via radiologists to determine the types of medical response needed. Stroke patients need to be assessed and treatment started within 60 minutes to get optimum results. It is difficult to see how a 45 – 50 minutes journey along the M56 could achieve this especially at peak times, or indeed, at any other time.

Patients experiencing heart attacks need treatment in an equally speedy fashion, as do people suffering injuries in road accidents, who may well need surgery to re-attach badly damaged limbs, as do diabetic patients whose blood supply becomes compromised, which often leads to the risk of limb amputation.

It is a source of horror and dismay to the people of Warrington who require urgent treatment that they won’t get it urgently enough and their lives will be in danger, particularly because they have not been informed of any good reason why Warrington people should be deprived of these services. In fact they haven’t been informed of ANY reason at all. They are very concerned also that they cannot go to the nearer, specially equipped unit which is available in Warrington.)

Question: I would ask the Executive Board Member (Cllr P Wright) to say whether she is happy with this state of affairs, or, if she is not, to say what she proposes to do about this disgraceful politically motivated decision?

Council Meeting – 12 December 2011

Questions from Members of the Council

Question to be Question asked by Councillor L Question 1 – To Councillor K Hannon, Leisure, Community and Culture Smith At the Council Meeting on 27 June an amended motion was passed supporting the decision of the Executive Board member for Neighbourhoods and Communities to commission a review on the impact of the closure of the Council for Voluntary Service on services provided by the voluntary sector in Warrington with a report planned for the Executive Board in September 2011. Please can Cllr Kate Hannon give us an update on the report?

Councillor B Barr Question 2 – To Councillor H Patel, Executive Board Member, Personnel and Communications

Will Cllr Patel give a guarantee to the residents of Warrington that this Labour council is doing everything it can to reduce any unnecessary spending on Communications in order to get value for money?"

Councillor I Question 3 – To Councillor M Hannon, Deputy Leader Marks What progress is being made with discussions with the unions and the workforce on Terms and Conditions?

Councillor K Question 4 – To Councillor K Hannon, Executive Board Member, Leisure, Community and Culture Gleave In the report to the Executive Board on 17th October 2011 for outsourcing of leisure services, it states on page 9 (section 7.1 - implications for staff) that 280 fte posts are to be outsourced. However in the business case on page 32 (section 10.3 - staffing), it states that 220 fte posts are to be transferred. It states in the draft minutes of the 3 October Neighbourhood and Communities scrutiny committee, the direct joint consultative panel gives a total of 202 fte posts. In each of the three cases it states equivalent to 500 posts. Which of these three figures is correct and if none of them, what is the correct figure?

2 Councillor K Question 5 –to Councillor K Hannon, Executive Board Member, Leisure, Community and Culture Gleave In the report to the Executive Board on 17th October 2011 for outsourcing of leisure services the main benefit of outsourcing is not paying VAT or non domestic rates. It cannot be certain these will remain in the future. If these benefits are taken away, how viable are the companies and what cost exposure would the Council face?

From Councillor Question 6 –To Councillor C Froggatt, Executive Board Member, Children and Young People’s S Dodd Services

Will the Executive Board member for Children's Services join me in supporting Barnardo's 'Cut them Free 'campaign to tackle the sexual exploitation of children by signing the statement of intent, encouraging colleagues to do the same and signing up this Council to join with 59 other local authorities in support of the Action Plan to take the necessary steps to tackle the risk of this abuse in Warrington?

From Councillor Question 7 –To Councillor K Hannon, Executive Board Member, Leisure, Community and Culture K Reynolds Pricewaterhouse Coopers stated in their report some concern about the size of the proposed Cultural Company, in that it may not be large enough. Can the Executive Board Member for Leisure, Community and Culture explain, why was the advice of PwC ignored by officers, in respect to the Scale of Operation of the proposed Culture Company?

From Councillor Question 8 –To Councillor K Hannon, Executive Board Member, Leisure, Community and Culture K Reynolds Can the Executive Board Member for Leisure, Community and Culture inform me of what progress has been made to establish two Shadow Boards before mid December 2011 with a view to going "live" in January 2012?

From Councillor Question 9 – To Councillor P Carey, Executive Board Member, Corporate Resources and Services D Price Could the Executive Board member for Corporate Resources and Services please give an update on progress being made to date in preparing the 2012/13 Revenue Budget and MTFP.

Agenda Item 9.1

WARRINGTON BOROUGH COUNCIL

COUNCIL - 12th December 2011

Report of : Report of Licensing Committee

Executive Director: Andy Farrall Executive Director of Environment and Regeneration Report Author: Dave Watson Community Safety and Licensing Manager Contact Details: Email Address: Telephone: 01925 442590 [email protected] Ward Members: All Wards

TITLE OF REPORT: STREET TRADING

1. PURPOSE

1.1 To seek approval to adopt Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 (The 1982 Act).

1.2 To contribute to corporate ambitions on Environmentally Responsible and Attractive and Healthy and Active. The look of the borough will be improved by considering the suitability of the site and the needs of the area, whilst incentives to adopt simple and straightforward measures to promote good nutritional standards will help in the overall ambition to improve health.

2. CONFIDENTIAL OR EXEMPT

2.1 The content of this paper is not confidential or exempt.

3. INTRODUCTION AND BACKGROUND

3.1 Street trading is generally defined as the selling, exposing or offering for sale of any article in a street subject to any relevant exemption under the prescribed legislation. The definition is wide ranging but it typically covers the likes of mobile food traders and ice cream vans etc. It does not extend to pedlars, trading as a news vendor, trading carried on at premises used as a petrol filling station, anything done in a market/fair or a picnic area on a trunk road all of which are exempt.

3.2 Two areas, namely the town centre and the Halliwell Jones stadium, already have formal controls over street trading following their designation under the Cheshire

Agenda Item 9.1

County Council Act 1980 (The 1980 Act). The rest of the borough is not formally regulated.

3.3 The relative merits of introducing formal controls over street trading for the entire borough have been considered at length by both Members of the Licensing Committee (22 June 2010 and 9 November 2010) and Overview and Scrutiny Committee (14 September 2010).

3.4 Licensing Committee considered the final draft policy on the 21st June 2011 and gave approval for the matter to be referred to Full Council for formal approval; as Licensing Committee are not delegated to make the decision to commence the formal consultation under the constitution.

3.5 Full Council subsequently gave approval to commence the consultation on the 5th September 2011.

3.6 The results of the consultation were considered by the Licensing Committee on 21st November 2011. The Committee endorsed the recommendations relating to the adoption of the provisions of Schedule 4 of the 1982 Act; as set out in section 11 of this report. However; the Committee, having considered the consultation responses and evidence presented by the Warrington Street Traders Association, tabled and approved an amended fee structure (see section 6).

4 THE ADOPTION PROCESS

4.1 The area around the Town Centre and Halliwell Jones Stadium has been designated under the 1980 Act.

4.2 The proposal to introduce borough wide controls over street trading provides the opportunity to consolidate the regulation of street trading across the borough under one Act.

4.3 The 1980 Act requires a public notice be erected on each street within the area to be designated. This makes the use of the 1980 Act impractical in terms of a large scale designation. The 1982 Act, whilst allowing for appropriate controls, only requires the publication of a notice in a local news paper. The 1982 Act is therefore considered to be more appropriate for a borough wide designation.

4.4 It is proposed, if Council is minded to pass a borough wide resolution, that the existing resolution made under the 1980 Act be revoked and that the entire borough be designated under the 1982 Act. This will simplify the situation helping to avoid any confusion.

4.5 A Council cannot pass a resolution unless they have published their intent to pass such a resolution in a local newspaper. A copy of the notice must also be served on the Chief Officer of Police and on the Highway Authority. The notices

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were served on the 12th September, whilst the public notice was published in the Warrington Guardian on 15th September 2011.

4.6 If members are so minded to pass a resolution; a notice must be placed in a local newspaper for two consecutive weeks. The notice must be advertised at least 28 days prior to the order coming into legal effect. (A draft notice is set out in appendix 1).

4.7 The terms of reference for Licensing Committee currently refer to the determination of appeals in relation to licences. It is proposed to amend the terms of reference, as set out in appendix 2, to include consents.

5 ENFORCEMENT

5.1 It is an offence to trade in a prohibited area or to engage in street trading without being authorised to do so. A person charged with such an offence has a defence that they took all reasonable precautions and exercised all due diligence. A person guilty of an offence under the 1982 Act, shall be liable on summary conviction, to a fine not exceeding level 3 on the standard scale. This is currently set at £1,000.

5.2 Experience from other Local Authorities has highlighted the need to ensure that sufficient resources are available to enforce the provisions, particularly in the first year. The existence of a 'pool' of enforcement officers within the Public Protection team will ensure that sufficient resources are available and that officers have the necessary skills and competence to enforce the provisions.

6. FINANCIAL CONSIDERATIONS

6.1 The Council may charge such fees as they consider reasonable for the grant or renewal of a street trading consent. The term 'reasonable' is not defined by the 1982 Act.

6.2 A benchmarking exercise of the fees set by other local authorities in the sub region has been carried out and reported previously to Members of Overview and Scrutiny on 14 September 2010 and Licensing Committee on 9 November 2010. Fees typically ranged from £305 to £1,160.

6.3 Regard has also been given to a paper prepared by Durham University, "Street Trading and Pedlary in Great Britain", which reported that the weighted mean fee for Local Authorities, taking into account the number of licences issued, was £1,009. The fee for the two existing areas is presently £958 a year.

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6.4 Whilst benchmarking can provide a useful comparison authorities are obliged to set their fees and charges having regard to the costs that are likely to be incurred locally.

6.5 A full cost recovery exercise has been undertaken, which highlighted that the true cost to the Council for processing a street trading consent could be over a £1000; once all ancillary and on costs, such as premises costs and recharge costs, are taken into consideration.

6.6 It is recognised that when setting fees it is important to consider the needs of the traders, the consumer and the wider general public as well as the cost of providing the actual service.

6.7 A waiver is, therefore, proposed for non food traders and those food traders who are willing to adopt simple and straightforward measures to promote good nutritional standards. The proposed nutritional standards are set out in the policy. The trader will also be given the opportunity to pay the initial fee in instalments.

6.8 The proposed fees as set out in the consultation and that recommended by Licensing Committee, on the 21st November, are as set out below:-

Consultation Fee Proposed by Licensing Committee Standard Street Trading fee (food trader) £958 £700 Fee for non food traders and those food traders £800 £550 who have adopted the nutritional standard. Day rate (maximum 6 occasions) £65 £65

7. RISK ASSESSMENT

7.1 The Council's policy seeks to create a street trading environment which complements premise based trading, is sensitive to the needs of residents, provides diversity and consumer choice and enhances the character, ambience and safety of local environments. Failure to adopt a borough wide policy would be inconsistent with these ambitions and leave people vulnerable to unscrupulous traders.

7.2 Close regard will be given to the outcome of the Department for Business Innovation & Skills consultation on the Amendment of Pedlar and Street Trading to ensure compliance with the Services Directive (Directive 2006/123/EC).

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7.3 As with any licensable activity a judicial review of decisions taken or the fees set or complaint to the District Auditor or Ombudsman service maybe taken by an aggrieved trader

8. EQUALITY AND DIVERSITY / EQUALITY IMPACT ASSESSMENT

8.1 The Council has a legal duty to proactively promote race, gender and disability equality and to tackle discrimination experienced by vulnerable groups. It is the role of the Licensing Authority to administer the licensing regime in accordance with the law and each application will be considered on its merits. An Impact Assessment has been carried out as part of the development of the policy.

9. CONSULTATION

9.1 A consultation exercise was undertaken between the 15th September and the 31st October 2011. In total 108 questionnaires and supporting information were sent out, including 20 random fixed premises for comparison purposes. 29 responses were received. Officers have also met with the newly formed Warrington Street Trading Association.

9.2 A summary of the results of the consultation is set out in appendix 3.

9.3 The results show that the majority of respondents recognise that controls over pitches, the location of traders and powers to tackle traders acting illegally would be beneficial. The response for the other perceived benefits was more mixed, although the reduce fee and incentive for nutrition was generally welcomed.

9.4 The vast majority of traders expressed concerns over the fee and the potential disparity with our nearest neighbours. The Licensing Committee considered the consultation responses, and a representation by the Warrington Street Traders Association, at their meeting on the 21st November 2011. Members of the committee approved a revised fee structure as set out in section 6.

9.5 Minor changes to the draft policy have been made following the consultation to reflect the views of potential interested parties. These relate to the removal of unnecessary or unenforceable conditions and clarification on payment of fees. The revised policy is set out in appendix 4.

10. REASONS FOR RECOMMENDATION

10.1 To seek approval to adopt Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 (The 1982 Act).

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11. RECOMMENDATION

11.1 That Council:-

11.1.1 resolves to adopt Schedule 4 of the 1982 Act for the entire borough.

11.1.2 authorise the publication of the required notice by the Solicitor to the Council in relation to the adoption.

11.1.3 resolves to adopt the schedule of fees at paragraph 6.8 of the report.

11.1.4 resolves to adopt the policy contained at appendix 3 of the report.

11.1.5 resolves to adopt the revised terms of reference for Licensing Committee

12. BACKGROUND PAPERS

Minutes of Licensing Committee 22 June 2010. Minutes of Overview and Scrutiny 14 September 2010 Minutes of Licensing Committee 09 November 2010 Minutes of Licensing Committee 21 June 2011. Minutes of Full Council 5th September 2011 Minutes of Licensing Committee 21st November 2011

Contacts for Background Papers:

Name E-mail Telephone Dave Watson [email protected] 01925 442590

14. Clearance Details Name Consulted Date Yes No Approved Relevant Executive Board Member Cllr Keane  11/11/2011 SMB  11/11/2011 Relevant Executive Director Andy Farrall  11/11/2011 Solicitor to the Council Tim Date  11/11/2011 S151 Officer Lynton Green  11/11/2011 Relevant Assistant Director Peter Taylor  11/11/2011

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Appendix 1: Draft Public Notice

WARRINGTON BOROUGH COUNCIL

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982

STREET TRADING

NOTICE IS HEREBY GIVEN that Warrington Borough Council passed a resolution under paragraph 2 of Schedule 4 of the above Act at its meeting of 12 December 2011.

The terms of the resolution are:

All Streets in the borough of Warrington will be designated as Consent Streets.

Any resolutions previously made by Warrington Borough Council and their predecessor authorities specifying certain streets as being prohibited and consent streets shall be rescinded.

The resolution allows the Council to control street trading within the Borough, using the powers set out in the Local Government (Miscellaneous Provisions) Act 1982.

Dated:

T Date Solicitor to the Council, Assistant Chief Executives Unit, Quattro Building, New Town House, Buttermarket Street, Warrington WA1 2NH

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Appendix 2: Proposed amendment to the terms of reference for Licensing Committee.

Licensing Committee

The following matters are reserved to the Licensing Committee:- a) to receive reports in respect of ‘Licensing Reviews’ under the Licensing Act 2003 and the Gambling Act 2005 and to receive reports in respect of all other licensing regimes which are the responsibility of the Council b) to determine applications for licences under the Licensing Act 2003 and the Gambling Act 2005 in respect of which relevant representations have been received and not withdrawn; c) to determine a review or variation of any licence under the Licensing Act 2003 and the Gambling Act 2005; d) to recommend to full Council fees payable for all matters arising under the Licensing Act 2003 and the Gambling Act 2005 for which fees may be set;; e) to consider and make recommendations in relation to the making of Alcohol Consumption in Designated Public Places Orders under the Criminal Justice and Police Act 2001.

(f) to determine applications for Hackney Carriage and Private Hire driver’s licences where the applicant has failed to meet the criteria of being a fit and proper person;

(g) to determine an appeal from the decision of an authorised or delegated Officer to suspend, revoke or refuse to renew any existing licence; to determine an appeal from the decision of an authorised officer or delegated officer to suspend, revoke or refuse to grant or renew any licence or consent under any Council or statutory licensing or consent regime;

(h) to determine objections in relation to fees payable to the Council in respect of any licensing application or registration;

(i) to determine objections in relation to the fixing and variation of the table of fares relating to Hackney Carriages;

(j) to establish Sub-Committees and determine the procedures to be followed for hearings.

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Appendix 3: Summary of consultation Responses

Completed forms 29, N.B. Not all the respondents completed every question. 7 returns were from non street Traders (4 believed that the policy would provide a better street trading environment, 3 did not).

Yes No 1) Do you believe that the introduction of a 18 11 borough wide policy will help to provide a better street trading environment?

2a) Do you think there is a need to control 20 9 the location of traders?

2b) Do you think there is a need to control 20 9 the number of traders in an area?

3) Can you detail any advantages or Advantages Disadvantages disadvantages in traders being able to apply for a specified pitch for their sole use • Secures pitch • Restricts for 12mths? • Business competition Continuity • Gives someone • Greater sole use of an accountability area • Reduces • Would planning disputes permission be • Compliance required? with legislation • The area already • Improved dictates how quality many traders it • Controls can support number of traders • Prevents someone taking pitch • Safeguards trading • Provides stability • Improved customer loyalty • Reduces here today gone tomorrow traders • Can go on holiday and retain pitch • All traders registered Do you think the proposals will:- 4a) Help to improve road safety? 12 15

4b) Reduce conflict between traders? 19 9

4c) Increase customer confidence? 12 14

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4d) Reduce Street Litter? 9 17

4e) Prevent the potential for nuisance? 14 14

4f) Increase demand for your business? 9 12

5) Will the proposals benefit businesses 12 12 from fixed premises?

6) Do you welcome the introduction of 26 2 powers to enable the Council to remove street traders who trade illegally or who cause problems? 7) The Council is proposing an annual fee • No impact • It will affect of £958 for a mobile trader consent. Can • £20 a week is profits you identify any impacts this fee will have not much. • Would like to on your business as a street trader? • It will be my see the fee pitch and add reduced. value to my • Expect business. concessions • Can I have a free litter bin? • Fee is too high • Price to customer will go up • It will affect my business • Will put traders out of business • Other council's charge less. • Fee is excessive • Would have to let staff go • Will penalise business with more than 1 vehicle. • Will have to close. 8) Do you support the proposed reduction 22 6 in fee for food traders who agree to simple measures to improve nutritional standards?

9) If you are a mobile food vendor, will the 15 7 discount give you the incentive to provide healthy options?

Are you a Street Trader/fixed Premise 19 5

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Appendix 4: Street Trading Policy

1 Purpose of the Policy

1.1 The purpose of the policy is to create a street trading environment that complements premises-based trading, is sensitive to the needs of residents, provides diversity and consumer choice and seeks to enhance the character, ambience and safety of local environments.

1.2 The Council recognises the needs of legitimate traders who operate well run businesses.

1.3 Warrington Borough Council will apply this Policy to street trading activities in its area to ensure consistency and fairness. However each application or contravention will be considered on its own merits so that individual circumstances, where appropriate, are taken into consideration.

2 What is Street Trading?

2.1 Street trading is generally taken to mean the selling, exposing or offering for sale any article in a street. The definition is wide ranging but it typically covers the likes of mobile food traders and Ice cream vans e.t.c. (see appendix 1 for definition of terms).

2.2 The effect of this designation is that street trading in any street will not be permitted without first obtaining a street trading consent from the Council, or being legally exempt.

3 Exemptions from the need to obtain a Consent

3.1 Legal exemptions

3.1.1 Some types of trade are legally exempt from the requirement to obtain a street trading consent. These include:

(a) a person trading under the authority of a pedlar’s certificate granted under the Pedlars Act 1871 i.e. going on foot from house to house selling goods directly.

(b) anything done in a market or fair the right to hold which was acquired by virtue of a grant (including presumed grant) or acquired or established by an enactment or order.

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(d) trading as a news vendor, selling newspapers or periodicals.(Big issues vendors will no longer require permits)

(e) trading which: (i) is carried on at premises used as a petrol filling station; or (ii) is carried on at premises used as a shop or in a street adjoining premises so used and as part of the business or shop.

(f) trade carried out by a ‘’roundsman’’, e.g. Milkmen.

(g) the use for trading under Part VIIA of the Highways Act 1980 of an object or structure placed on, or in or over a highway.

(h) the operation of facilities for recreation or refreshment under Part VIIA of the Highways Act 1980.

(i) the doing of anything authorised by regulations made under Section 5 of the Police, Factories, etc. (Miscellaneous Provisions) Act 1916.

With regard to point (f) above it has been established in law that mobile ice cream sales normally will not be deemed to be exempt from street trading controls on the grounds that they are not roundsmen.

3.2 Street Trading for which consent is not required

3.2.1 The following activities are not normally conducted on the highway, however, in so far as they may occur on a street, or land adjoining the street, they have been deemed to not require the consent of the Council under this Policy. Event organisers must, however, ensure that commercial traders on the street, e.g. hot food or ice ream vendors, are in possession of a current street trading consent issued by the Council:

1. Non-Commercial Car Boot Sales. 2. Fetes, Carnivals, Charitable Events and similar community based and run events. 3. Sales of articles by householders within the boundary of their properties. 4. Farmers markets (producer-managed marketplace for local producers to sell their own produce direct to local people)

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4 Making an application

4.1 Introduction

4.1.1 In considering any application for the grant or renewal of a street trading consent the following issues will be taken into account before determination:

• public order; • public nuisance; • public safety; • crime and disorder; • needs of the area.

4.2 Information required

4.2.1 We will look to determine an application within 20 days after the consultation period closing. Applicants will need to submit the following documents and fees with the application form:

(a) A completed and signed Street Trading Consent application form.

(b) The application should be accompanied by a initial payment of 25% of the full fee or the full fee in its entirety.

(c) Where the proposed street trading activity is from a fixed position, a site plan (to scale) showing the precise trading position and its proximity to other similar retail outlets within a 100 metre radius. The proposed position and orientation of the stall, van, barrow, cart etc is to be shown on the plan. The plan shall also include any additional vehicles that will be parked on the site.

(d) One colour photograph of the stall, van, barrow, cart etc that will be used for the street trading activity. The photograph shall show any awnings fully extended that are proposed, whether integral or not.

(e) An original certificate of insurance that covers the street trading activity for third party and public liability risks of £5,000,000. (This maybe provided following confirmation that the application has been approved but the consent will not be issued until the certificate has been provided).

(f) If the land is in the ownership of Warrington Borough Council, written permission from the Estates and Valuation Service will be required.

(h) Any permissions or consents already granted with regard to the proposed operation, eg planning consent, late night refreshment premises licence, food premises registration, waste disposal agreement.

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4.2.2 All applicants will be expected to have an up to date Standard Criminal Records Bureau (CRB) Certificate. The original copy must be produced with the application form and must be submitted within one month of issue.

4.3 Consultation

4.3.1 Before a Street Trading Consent is granted or renewed the Council will consult with and seek written observations from:

• Licensing Authority • The Highways Authority • Estates and Valuations • Public Protection Services • Development Control • Cheshire Constabulary • Cheshire Fire Service • The land owner of the proposed street trading site • Ward Members • Existing holders of street trading consents in the immediate area. (within 100 metres for a proposed static application site)

4.3.2 The consultation period will be 28 Days. Any objection from consultees and interested parties will be assessed against the criteria in Section 5 and may be referred to the appropriate Sub-Committee for determination.

4.3.3 For new site applications, in addition to the above, the Applicant will advertise details of the proposed activities in the vicinity, by posting a notice close to the proposed site stating:

• the name of the applicant, • type of vehicle or stall to be used and the goods to be sold, • the times and days of operation, the exact location of the proposed site, how to make representations and the final date by which representations can be made.

4.3.4 Applications that are considered by officers as being unsuitable under this Policy or those which attract relevant objections will be determined by the appropriate Licensing & Regulatory Sub-Committee. A relevant objection is one made by a person, business or body that is likely to be directly affected by the proposal. In addition, the objection must not be vexatious or frivolous and should concern itself only with matters relevant to the objectives arising from the application. The relevant Delegated Officer will determine whether an objection is relevant and not vexatious or frivolous and any benefit of doubt will be given to the objector.

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5 Determination of the application

5.1 Suitability of the site

5.1.1 The vehicle, van, trailer, stall or other device to be used for the proposed street trading activity will be inspected by an Authorised Officer (Food Hygiene or Highways) of the Council, prior to the issue of any Street Trading Consent.

5.1.2 Street Trading Consents for site locations will not normally be granted where any of the following may apply:

(a) any effect on road safety, either arising from the location of the pitch, or from customers visiting or leaving the site,

(c) there would be any likelihood of nuisance from noise, light, smells, litter or fumes to households and businesses in the vicinity of the proposed street trading site,

(d) there is already adequate like provision in the immediate vicinity of the site to be used for street trading purposes.

(d) any conflict with existing Traffic Orders such as waiting restrictions,

(f) any potential obstruction of pedestrian or vehicular access,

(h) any obstruction to the safe passage of users of the footway or carriageway,

(i) the safe access and egress of customers and staff from the pitch and immediate vicinity,

(j) the pitch interferes with sight lines for any road users such as at road junctions, or pedestrian crossing facilities,

(k) the site does not allow the Consent Holder, staff and customers to park in a safe manner,

(l) the street trading activity is carried out after dusk and the site is not adequately lit to allow safe access and egress from the site for both customers and staff,

5.2 Needs of the Area

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5.2.1 It is important that street trading compliments the area. Each application will be considered on its merits, however a consent will not normally be granted on sites that are within:

• residential areas or where there is likely to be an unacceptable impact on residential amenity.

• 250 metres of the boundary of any hospital, nursing or residential care home

• 500 metres of the boundary of any school and where granted may be subject to conditions (see 5.3.2)

• any Council owned pay and display or park and ride car parks,

5.2.2 Other key considerations will be:

• Any site within 50 metres of any roundabout or pedestrian crossing

• The speed limit of the road unless the area is segregated from live traffic lanes, or there is evidence that the mean traffic speed is significantly below the posted speed limit.

5.3 Trading at, or near to, Schools

5.3.1 As part of the Every Child Matters: Change for Children Agenda, Central Government made a commitment in the national Children’s Plan to publish a child health strategy jointly between the Department of Health and the Department for Children, Schools and Families. Published on 12 February 2009, the ‘Healthy lives, brighter futures: the strategy for children and young people’s health’ strategy presents the Government’s vision for children and young people’s health and wellbeing.

5.3.2 Warrington Borough Council recognises that a healthy start in life is vital for all children and young people to realise their full potential. This Policy seeks to support the Council’s commitment to reducing obesity and improving dental health and accordingly the Licensing Authority are likely to attach a condition to a street trading consent that states the trader must not trade within 500 metres of school grounds from 1 hour before the start of the school day until 1 hour after the end of the school day.

5.3.3 This condition will typically apply to ice-cream vans, but may extend to other types of vendors.

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5.4 Preservation of the Street Scene

5.4.1 The number of traders in any one street will be limited; to avoid any undue concentration of outlets and to ensure that excessive trading does not comprise the amenities of the area.

5.5 Permitted Trading Hours

5.5.1 Hours of street trading will be assessed in terms of the public order, public nuisance, public safety, crime and disorder and avoidance of nuisance and the needs of the area criteria detailed in 5.2.

5.5.2 If trading includes the supply of hot food or drink after 11.00pm and before 5.00am the trader will need to ensure that they obtain a premises licence to cover late night refreshment from the Council.

5.5.3 The Council retains the right to specify permitted hours of trading if local circumstances require it.

5.6 Persons under the age of 17 years

5.6.1 The Council will not grant Street Trading Consent to persons under the age of 17 years.

6 Approval of Applications

6.1 Issue of Street Trading Consents

6.1.1 Street Trading Consents will be issued for a maximum period of 12 months and will be renewable on the date specified in the Consent.

6.1.2 Day consents can be issued up to a maximum of 6 occasions. These particular Consents will expire on the date specified in the Consent.

6.1.3 In all cases where a Consent has expired, and a renewal application has not been received by the Council, a new application will have to be submitted. In such cases the applicant will be required to go through the full process outlined in this Policy.

6.1.4 When granting or renewing a consent, the Council may attach any reasonable condition. Furthermore the Council can, at any time, vary the conditions attached to the Consent. Any such variations will be notified in writing to the named person in receipt of the Consent to trade and will take effect on the date of the notification letter.

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6.1.5 The Committee, or officers on a delegated basis may approve applications meeting the criteria contained within this Policy. On approving the application the Council will issue a Street Trading Consent.

6.1.6 The conditions attached to the Consent form part of the approval to carry out street trading in the borough of Warrington and MUST be complied with at all times. Failure to do so could constitute an offence, and/or the Consent could be revoked or not renewed.

6.1.7 A Street Trading Consent cannot be transferred or sold to another person and the sub letting of a pitch is prohibited.

6.2 Refusal of Applications

6.2.1 Where the Council refuses an application the applicant will be informed in writing of the reasons for not granting the application.

6.2.2 The Local Government (Miscellaneous Provisions) Act 1982 does not accord applicants the right of appeal. Refusals by a Local Authority do not have to be supported by a declaration of reasons. However, Warrington Borough Council recognises the rules of natural justice and that this Policy should include an appeals mechanism. Applications for Consents that fall outside of this Policy, or which are the subject of relevant objections, may be dealt with by a hearing held by a Sub-Committee. Any hearing will be held within 20 days after the closure of the consultation period. Persons dissatisfied thereafter must seek redress by way of Judicial Review.

7. Fees

7.1.1 The fees have been set by Full Council following consultation and benchmarking with our nearest neighbours. The sum has been set at a level that is considered to be fair by addressing the previous imbalance between premise based and street trading. These fees will be reviewed annually and reported to the Licensing Committee in the annual Fees and Charges report.

7.1.2 The initial fee for Consents can be either paid in full or by instalments.

7.1.3 A waiver of a proportion of the fees is available for non food traders and those food traders who are willing to adopt simple and straightforward measures to promote good nutritional standards. This sum will be reviewed annually along with the standard fees. The aim is to encourage traders to reduce high levels of salt, sugar and saturated fats in the foodstuffs that they prepare and offer for sale, which can contribute to food related ill health such as strokes, cancers and heart disease. An assessment will be made by the Council’s Public Protection Officers in partnership with the trader to the standard as set out in the appended Nutritional Discount Criteria (appendix 1).

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7.2 Failure to Pay

7.2.1 Failure to maintain payments as above may result in the consent being revoked. Future renewals must be paid in full. Partial year refunds will not be offered.

7.2.2 If a bank dishonours a cheque, or any direct debit is unpaid, this will result in the revocation of the Street Trading Consent issued by the Council, unless payment of the outstanding fees is made in cash.

8 Enforcement of Street Trading

8.1 Warrington Borough Council will actively enforce the provisions of the street trading scheme within its area in a fair and consistent manner.

8.2 Persons trading without a consent and who are not exempt (see 3.1 for examples) will be the subject of enforcement action. This will include any person who holds a certificate granted under the Pedlars Act 1871, but who fails to operate in accordance with the Act.

8.3 Each trader issued with a consent will be the subject of bi-annual compliance checks; these will be combined with any routine food hygiene inspection. The Council will endeavour to respond to complaints from other traders, residents, Ward Members and other interested parties about the operation of a trader as soon as is practicable.

8.4 Consent Holders must allow access to Authorised Officers of the Council and Police Officers at all reasonable times. Council officers will carry with them and produce on request official identification.

9 Complaints against the Service

9.1 Warrington Borough Council has an agreed procedure for dealing with complaints about the services it delivers. If you wish to complain about the delivery of Street Trading Services you should contact us on 01925 442590.

9.2 If the matter cannot be resolved advice will be given on how to further your complaint under the Council’s Complaints Scheme.

10 Policy Review

10.1 This Policy took effect on ….The Council will review the Policy whenever it is considered that relevant issues have arisen but in any event within a 5 year period.

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WARRINGTON BOROUGH COUNCIL

STREET TRADING CONSENT CONDITIONS

GENERAL

1. The grant of a street trading consent shall not be deemed to give any approval or consent which may be needed under any byelaw, enactment or regulation other than Part 3, Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982. For the avoidance of doubt this includes the requirement to seek and obtain planning permission and/or advertisement consent.

2. A street trader shall have legibly and prominently displayed upon his receptacle a notice showing his name and the licence number of his/her street trading consent. The Trader shall also ensure that any members of staff whilst employed display the identification badge issued by the Council.

3. The consent holder shall notify the Director of Environment & Regeneration of the Council immediately of any convictions or proceedings arising out of the use or enjoyment of the consent.

4. Traders shall notify the Council of any permanent change of address as soon as it occurs.

5. Traders shall notify the Council of any changes of assistants or employees with their full names and addresses as soon as the changes occur.

6. The trader shall not assign, under let or part with his interest or possession under this consent or any part thereof but may surrender it to the Council at any time.

7. The consent holder shall observe and comply with any directions in relation to the use of the street or public place by duly authorised officer of the Council.

8. Nothing contained in these conditions shall relieve the consent holder, his employees or agents from any legal duty or liability and the consent holder shall indemnify the council in respect of all claims, actions, demands or costs arising from this consent.

9. If the street trading site is located on private land, including forecourts, satisfactory written evidence must be provided to the Council that permission of the land owner or lessee has been obtained to carry out the street trading activity.

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10. Only those goods specified on the licence may be sold on the licensed street trading area. All commodities must comply with current consumer protection legislation. Particular attention should be paid to the requirements of the Health and Safety at Work Act 1974, Food Hygiene (Market Stalls and Delivery Vehicles) Regulations 1966, the Shops Act 1950 and the Food Safety Act 1990.

11. A street trader shall not lend or allow any other person to use his licence or his identification badge.

12. A street trader shall not in any way alter, erase or deface his licence or his identification badge.

13. Trading may only take place on the dates and during the times specified on the licence.

14. Any receptacle used by the licence holder must be of a type and style approved in writing by the Council and positioned entirely within the licensed area.

15. Each consent holder shall ensure that disabled persons and wheelchair users can be adequately served. This may involve such customers being served from outside the vehicle/stall.

16. A consent holder shall not undertake any action or activity on the street, including trading from the site in a manner which, in the opinion of the Council, causes an obstruction in the street or constitutes a danger, nuisance, annoyance or inconvenience to the Council or to the owners or occupiers of any adjacent or neighbouring premises or to members of the public.

17. No advertisement shall be displayed on the licensed pitch which relates to any goods, commodities or services other than those offered for sale or provided on that pitch.

18. The licence trader shall comply with all reasonable directions given by the Council or by any authorised officer of the Council regarding any matter to which this consent relates.

19. No water or waste material shall be discharged onto the highway or any adjacent property.

20. The consent holder’s vehicle/stall shall be kept in a clean, safe and well maintained condition.

21. At least one refuse container shall be provided by the consent holder and placed on the pavement near to his/her stall/vehicle and be available for use by his/her customers. A notice shall also be displayed requesting customers to deposit litter in a waste container.

Agenda Item 9.1

22. The consent holder shall ensure that the area in the vicinity of his/her stall/vehicle shall be kept clear at all times of all refuse originating from his/her trade and from customers, and in particular, shall leave the site clear of such refuse at the completion of trading.

23. The consent holder shall ensure that his/her vehicle/unit is positioned only in the allocated area of the consent for which he/she holds a street trading consent. With the exception of static units, vehicles shall be removed from the site after the close of each trading day.

24 Where the street trader sells from a stationary vehicle or structure no such vehicle or structure shall be positioned on the public highway unless the street trader shall have first obtained the written permission of the highways authority.

25. Where any vehicle or structure contains a portable or fixed heat producing appliance the street trader shall provide a 1 x 2.5 kilogram dry powder fire extinguisher sited adjacent to the exit from the vehicle or structure, the extinguisher to be maintained in accordance with British Standard 5306; Part 3.

26. Notwithstanding the other terms and conditions relating to this consent, every street trader shall comply with any order or instruction given by any police officer in uniform:-

(i) for the prevention of obstruction or danger or annoyance to the public or to the occupiers of any premises; or

(ii) in connection with any emergency or disturbance; or

(iii) on any occasion when such officer in his discretion may consider it necessary in the public interest to give such order or instruction.

27 Noise and litter issues resulting from the street trader remaining at the same location for a prolonged period will be governed by the Laws of Statutory Nuisance, for example, the Environmental Protection Act 1990.

28. There will generally be a 500 metre exclusion zone around schools in which street traders are not allowed to trade. This restriction would only apply during term time and then between the hours of 12 noon to 2.00pm and 3.00pm to 5.00pm on any school day. The restrictions would apply to all street trading licences, regardless of whom the licence holders are targeting and whether or not the application is new or for a renewal of an existing licence.

29. The consent holder may terminate this consent by written notice to the Council.

Agenda Item 9.1

30. The consent is personal to the consent holder and is not transferable.

31. If a consent holder fails to comply with any of the conditions attached to the consent he/she will risk the consent being revoked and risk prosecution.

32. These general conditions may be varied by any special conditions relating to a particular location as listed on the consent certificate.

33. In the case of day consents, fees must be paid in full, prior to the consent being issued.

34. Only one consent will be granted per person

35. Three assistants per consent are permitted and full details of photographs of such person must be given on the application form. No other person is permitted to trade on this consent unless full details and photographs are submitted on an application form to the licensing department beforehand.

36. If you or your assistant are convicted of any offence(s), given a formal caution(s) for any offence or have any fixed penalty notice(s) imposed, you shall write to the Council giving full details of the offence(s), caution(s) or fixed penalty notice(s) within seven days of the imposition of the offence(s), cautions(s) or fixed penalty notice(s).

37. Nothing contained in these conditions shall relieve or excuse the consent holder or his employees or agents from any legal duty or liability.

38. At all times the consent holder shall comply with the legislation in force. Particular attention, where appropriate, shall be paid to the Health and Safety at Work etc Act 1974, the Food Hygiene (England) Regulations 2006 and the Food Safety Act 1990.

39. This consent may be revoked by the Council at any time and the Council shall not in any circumstances whatsoever be liable to pay any compensation to the holder in respect of such revocation.

40. The holder of a street trading unit identification plate shall return the said plate to the Council immediately on revocation or surrender of the consent.

41. The holder shall return this consent to Warrington Borough Council immediately on revocation or surrender of the consent.

42. Mobile Units may sound chimes but not before 12.00 noon and after 7.00pm, on any day.

Agenda Item 9.1

APPENDIX 1

Nutritional Assessment

Street food vending Draft nutritional discount criteria

Food safety • Must achieve a 4 or 5* Scores on the Doors rating within 12 months.

Healthier catering • Home made recipes have a healthy nutritional profile

Salt • Salt is not added to food before it is given to the customers • Salt is made less accessible, for example, by placing it behind the counter • Lower salt alternatives are used whenever practical • Vegetables are cooked in unsalted water • Lower salt ingredients such as baked beans are used

Fat • Saturated fats (e.g. lard) are not used for cooking – named vegetable oils such as sunflower and rapeseed are used • Reduced fat ingredients are sourced (mayonnaise, spread, baked beans, cheese etc) • As little fat as possible is used for cooking • Alternative healthier cooking methods are used where possible • Semi-skimmed / 1% / skimmed milk is used for drinks • Spread or butter is only used on bread e.g. in sandwiches if the customer asks for it • Where available, meat products with a lower fat content must be obtained • The Food Standards Agency ‘Tips for Chips’ guidelines are followed as far as possible

Sugar • Artificial sweeteners are available as an alternative to sugar • Diet/sugar-free drinks, pure unsweetened fruit juice or water is available

Portion control • Smaller packs of snacks such as crisps and chocolate are available • Smaller sized portions of food such as chips are offered

Agenda Item 9.1

Staff • All staff are aware of the criteria the business has agreed to

Agenda Item 9.1

APPENDIX 2

Definitions of terms used in these Guidelines

Within the terms of the Warrington Borough Council’s Street Trading Consent Scheme the following definitions apply:

The Council Means the Warrington Borough Council.

"Street Trading" is defined in paragraph 1 of Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 - hereinafter called "the Act" as:

The selling or exposing or offering for sale of any article (including a living thing) in a street.

Street - the Act defines the term 'street' as including:

Any road, footway, beach or other area to which the public have access without payment; and a service area is defined in Section 329 of the Highways Act 1980

Any part of a street is a 'street' for the purposes of the Act

Consent Street Means a street in which street trading is prohibited without the consent of Warrington Borough Council.

Prohibited Street Means a street in which street trading is prohibited

Consent Means consent to trade on a street by Warrington Borough Council.

Consent Holder Means the person or company to whom the consent to trade has been granted by Warrington Borough Council.

Static Street Trader Means trader granted permission by Warrington Borough Council to trade from a specified position.

Mobile Trader Means a trader who moves from street to street.

Authorised Officer Means an officer employed by Warrington Borough Council and authorised by the Council to act in accordance with the provisions of the Local Government (Miscellaneous Provisions) Act 1982.

The Committee Means Licensing Committee and any sub committee thereof.

Agenda Item 9.2

WARRINGTON BOROUGH COUNCIL

COUNCIL – 12th December 2011

Report of: Cllr J Kerr-Brown, Chairman, Environment and Housing Overview and Scrutiny Committee Report Author: Ben Knight Overview and Scrutiny Officer Contact Details: Email Address: Telephone: 01925 442116 [email protected] Ward Members: All Wards

TITLE OF REPORT: THE INTRODUCTION OF A REVISED PROCEDURE FOR DEVELOPMENT MANAGEMENT

1. PURPOSE

1.1 To seek approval to amend the Constitution to enable changes to the terms of reference of the Development Management Committee and Planning Applications Sub-Committee.

2. CONFIDENTIAL OR EXEMPT

2.1 The content of this paper is not confidential or exempt.

3. INTRODUCTION AND BACKGROUND

3.1 The Environment and Housing Overview and Scrutiny Committee (OSC) on 15 September 2009 considered a report of the Scrutiny Planning Working Group reviewing the Development Control Committee structure and processes. As a result it was recommended that the Development Control Committee be replaced with a Development Management Committee (DMC) which would consider major strategic planning applications and a Planning Applications Sub-Committee (PASC) which would consider minor and householder planning applications.

3.2 These recommendations were accepted at the Council of 14 December 2009 together with a further recommendation that the approach be piloted for twelve months and monitored by the Environment and Housing OSC in order to assess its effectiveness. In practice, a longer period of time has elapsed, but this has allowed further observations and a better understanding of the changing number and nature of applications.

Agenda Item 9.2

3.3 On 9 November 2011 a Working Group of the OSC comprising Cllr Ladbury (Chair), Cllr Hoyle (Chair of the previous Planning Working Group) and Cllr Earl, met with relevant officers in order to assess the effectiveness of the new arrangements.

3.4 The Working Group made several recommendations which were approved, with some amendment, at the Environment and Housing OSC meeting on 15 November 2011 and approval was given to refer the matter to Full Council.

4. DEVELOPMENT MANAGEMENT COMMITTEE

4.1 The Development Management Committee currently comprises 12 members and is scheduled to meet on a three weekly basis to consider major strategic planning applications and planning applications where at least 50 objections have been received at the end of a statutory consultation period.

4.2 Members noted that the existing structure and processes were initially developed to separate the workload into two more manageable meetings at a time when volumes of applications were higher and referrals from parish councils were still being received. The new proposals take account of changes to the number and character of applications currently being received.

Objections

4.3 It is now felt that the threshold of 50 objections to trigger submission to the DMC may be too high. The effect of the threshold has been to allow the smaller (5 member) PASC to hear significant or sensitive applications, which might otherwise benefit from the involvement and experience of a greater number of members in the full DMC. A number of examples were identified where it was felt that it might have been appropriate for applications to be considered by DMC.

4.4 While there is no evidence that poorer decisions were made as a consequence of the previous change to committee process, the Working Group and OSC wish to recommend that the DMC consider planning applications where at least 10 objections had been received. Members believe that this figure better represents the tipping point where an application begins to impact upon a wider group of residents and businesses.

Major/Strategic Applications

4.5 The terms of reference currently includes the following criterion about significant applications which must be referred to DMC:-

“Applications for development which, in the opinion of the Strategic Director of Environment and Regeneration Services, are major strategic planning applications”

Agenda Item 9.2

4.6 It was felt by the Working Group and OSC that in the term ‘major strategic applications’ should be changed to ‘major or strategic applications’ to reflect the distinctions between the two terms as described below.

4.7 The ‘major’ applications definition is of use because it is formally defined, relating to development of more than 10 houses, or 1000 sq metres of floor space, or one hectare of land. ‘Strategic’ development can be defined as development which is directly related to strategic, part one policies of the UDP and equivalent in the emerging Core Strategy. This would cover inappropriate development in the greenbelt, retail development outside defined centres and most commercial development in residential areas where circumstances prompt an officer recommendation of approval.

4.8 The above proposals will require an amendment to the terms of reference included in the Council’s Constitution, details of which are shown in italics at Appendix 1.

5. PLANNING APPLICATIONS SUB-COMMITTEE (PASC)

5.1 The PASC currently comprises 5 members selected from the DMC on a politically proportionate basis to consider minor and householder planning applications and non strategic planning applications.

5.2 One of the unanticipated results of the previous changes is that the relatively small membership has reduced new members’ opportunities to observe the decision making process, as well as gain experience on the sub-committee. Equally, experienced members may feel some pressure to step down to make room for newer members, thereby lessening their ability to contribute to effective decision making.

5.3 Despite these disadvantages members recognised that feedback received by Development Services shows that the general public like the smaller sub- committee, finding it less intimidating, easier to engage with when providing evidence and with a reduced potential for repetition in debate.

5.4 The Working Group therefore recommended that the number of members be increased to 7, appointed on a politically proportionate basis. This should increase the opportunities for new members to become involved, but is still a moderate enough number to ensure that applicants, objectors and interested parties can still feel at ease in the meeting environment.

5.5 If the increase in number is approved by Council, Group Leaders are requested to inform Democratic and Member Services of the nominees by no later than 15 December 2011.

Agenda Item 9.2

6 STRUCTURE AND FREQUENCY OF MEETINGS

6.1 The Working Group also reviewed the current two-committee structure, including concerns about holding meetings on two consecutive nights, fluctuating levels of business to be transacted and the length of meetings. Members considered possible alternative structures, including holding both meetings on the same night, or providing for all cases to commence in the sub-committee, with a power in certain circumstances to refer the matter to the main committee. The Working Group felt that any advantages of those models were outweighed by the disadvantages.

6.2 The Working Group recommended that the current two-committee structure is retained, not least due to the positive public feedback and the fact that the PASC arrangements are perceived as less formal and more appropriate to the smaller scale applications.

7. IMPLEMENTATION AND ON-GOING MONITORING

7.1 It is proposed to pilot the revised arrangements with effect from January 2012 for a twelve months’ period and that they be reviewed after six months by the Environment and Housing Overview and Scrutiny Committee, in order to assess their effectiveness.

8. FINANCIAL CONSIDERATIONS

8.1 The intended approach is believed to strike the right balance between the need to deliver a timely and cost effective decision and the need to protect the authority from legal challenge.

9. RISK ASSESSMENT

9.1 The change to the procedures and subsequently to the Constitution will ensure that decisions are taken in accordance with the primary legislation, thus reducing the potential for legal challenge.

10. EQUALITY AND DIVERSITY / EQUALITY IMPACT ASSESSMENT

10.1 There are no specific equality and diversity considerations affected by the proposals.

11. CONSULTATION

11.1 The proposed changes to the constitution have been recommended following consultation with the Chair of Development Management Committee, Democratic and Member Services, Legal Services and Development Services.

Agenda Item 9.2

12. RECOMMENDATIONS

12.1 That the terms of reference of the Development Management Committee be altered so that the Committee considers ‘major or strategic’ planning applications;

12.2 Also that the Development Management Committee reserves planning applications where at least 10 objections have been received at the end of a statutory consultation period;

12.3 That the Planning Applications Sub-Committee increases its membership to 7 members selected from the Development Management Committee on a politically proportionate basis;

12.4 That the changes to the Development Management Committee and Planning Applications Sub-Committee be piloted for twelve months with effect from January 2012 , and reviewed after six months by the Environment and Housing Overview and Scrutiny Committee, in order to assess their effectiveness.

13. BACKGROUND PAPERS

Development Control Working Group, September 2009

Contacts for Background Papers:

Name E-mail Telephone Ben Knight [email protected] 01925 442116

14. Clearance Details: Name Consulted Date Yes No Approved Relevant Committee Chair Cllr John Kerr-Brown  22/11/11 SMB -  29/11/11 Relevant Executive Director Katherine Fairclough  29/11/11 Solicitor to the Council Timothy Date  02/12/11 S151 Officer Lynton Green  29/11/11 Relevant Assistant Director Timothy Date  02/12/11

Agenda Item 9.2 Appendix 1 Extract from the Warrington Borough Council – Constitution.

Development Management Committee

4.1 The following matters are reserved to the Development Management Committee.

4.2 All decisions with respect to planning matters (including the granting of planning permissions and decisions with respect to enforcement of planning matters), and tree preservation orders; in the following circumstances:-

• Applications for development which, in the opinion of the Strategic Director of Environment and Regeneration Services, are major or strategic planning applications;

• Applications for development which have given rise to material planning objections received from fifty ten persons or more at the end of the statutory consultation period.

• Approval of, or consultation upon, planning policy documents in accordance with the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and any subsequent amendments thereto.

Planning Application Sub-Committee

4.3 The following matters are reserved to the Planning Application Sub-Committee, (a sub-committee of the Development Management Committee).

4.4 All decisions with respect to planning matters (including the granting of planning permissions and decisions with respect to enforcement of planning matters), and tree preservation orders; in the following circumstances:-

i) Any application for development where a notice in writing on the prescribed form has been given to the Strategic Director of Environment and Regeneration Services by a ward councillor for the relevant ward within which the application site is located, requiring the Committee to decide the application and identifying, to the satisfaction of the Strategic Director of Environment and Regeneration Services, relevant reasons for the referral and relevant Development Plan policies.

ii) Any application for development where a notice in writing on the prescribed form has been given to the Strategic Director of Environment and Regeneration Services by a Town or Parish Council which has expressed a view contrary to the officer recommendation and identifying, to the satisfaction of the Strategic Director of Environment and Regeneration

Agenda Item 9.2 Appendix 1 Services, a relevant reason for referral and making reference to relevant Development Plan policies. iii) Any application for development which in the opinion of the Strategic Director of Environment and Regeneration Services is contrary to the provisions of the Development Plan and is recommended for approval. iv) Any application for development in which the Council has a significant interest in the proposal or the application relates to Council owned land. v) Any application for development which as a consequence of the scale of objection or for any other reason the Director of Environment & Regeneration deems it to be appropriate or expedient for the matter to be referred to the Committee. vi) Confirmation of a Tree Preservation Order where objection to the proposed order has been received and not been withdrawn. vii) Determination of an enforcement matter where the Director of Environment & Regeneration considers it appropriate, particularly where there may be significant costs implications for the Council or where the action may have a significant personal or financial implication for those involved.

Agenda Item 9.2

WARRINGTON BOROUGH COUNCIL

COUNCIL – 12th December 2011

TITLE OF REPORT: THE INTRODUCTION OF A REVISED PROCEDURE FOR DEVELOPMENT MANAGEMENT

1. PURPOSE

1.1 To seek approval to amend the Constitution to enable changes to the terms of reference of the Development Management Committee and Planning Applications Sub-Committee.

2. CONFIDENTIAL OR EXEMPT

2.1 The content of this paper is not confidential or exempt.

3. INTRODUCTION AND BACKGROUND

3.2 These recommendations were accepted at the Council of together with a further recommendation that the approach be piloted for twelve months and monitored by the Environment and Housing OSC in order to assess its effectiveness. In practice, a longer period of time has elapsed, but this has allowed further observations and a better understanding of the changing number and nature of applications.

Agenda Item 9.2

4. DEVELOPMENT MANAGEMENT COMMITTEE

Objections

Major/Strategic Applications

4.5 The terms of reference currently includes the following criterion about significant applications which must be referred to DMC:-

“Applications for development which, in the opinion of the Strategic Director of Environment and Regeneration Services, are major strategic planning applications”

Agenda Item 9.2

4.8 The above proposals will require an amendment to the terms of reference included in the Council’s Constitution, details of which are shown in italics at Appendix 1.

5. PLANNING APPLICATIONS SUB-COMMITTEE (PASC)

5.1 The PASC currently comprises 5 members selected from the DMC on a politically proportionate basis to consider minor and householder planning applications and non strategic planning applications.

5.5 If the increase in number is approved by Council, Group Leaders are requested to inform Democratic and Member Services of the nominees by no later than 15 December 2011.

Agenda Item 9.2

6 STRUCTURE AND FREQUENCY OF MEETINGS

7. IMPLEMENTATION AND ON-GOING MONITORING

8. FINANCIAL CONSIDERATIONS

8.1 The intended approach is believed to strike the right balance between the need to deliver a timely and cost effective decision and the need to protect the authority from legal challenge.

9. RISK ASSESSMENT

9.1 The change to the procedures and subsequently to the Constitution will ensure that decisions are taken in accordance with the primary legislation, thus reducing the potential for legal challenge.

10. EQUALITY AND DIVERSITY / EQUALITY IMPACT ASSESSMENT

10.1 There are no specific equality and diversity considerations affected by the proposals.

11. CONSULTATION

Agenda Item 9.2

12. RECOMMENDATIONS

12.1 That the terms of reference of the Development Management Committee be altered so that the Committee considers ‘major or strategic’ planning applications;

12.2 Also that the Development Management Committee reserves planning applications where at least 10 objections have been received at the end of a statutory consultation period;

12.3 That the Planning Applications Sub-Committee increases its membership to 7 members selected from the Development Management Committee on a politically proportionate basis;

13. BACKGROUND PAPERS

Development Control Working Group, September 2009

Contacts for Background Papers:

Name E-mail Telephone Ben Knight [email protected] 01925 442116

14. Clearance Details: Name Consulted Date Yes No Approved Relevant Committee Chair Cllr John Kerr-Brown  SMB -  Relevant Executive Director Katherine Fairclough  Solicitor to the Council Timothy Date  S151 Officer Lynton Green  Relevant Assistant Director Timothy Date 

Agenda Item 9.2 Appendix 1 Extract from the Warrington Borough Council – Constitution.

Development Management Committee

4.1 The following matters are reserved to the Development Management Committee.

• Applications for development which, in the opinion of the Strategic Director of Environment and Regeneration Services, are major or strategic planning applications;

• Applications for development which have given rise to material planning objections received from fifty ten persons or more at the end of the statutory consultation period.

Planning Application Sub-Committee

4.3 The following matters are reserved to the Planning Application Sub-Committee, (a sub-committee of the Development Management Committee).

Item 9.3

WARRINGTON BOROUGH COUNCIL FULL COUNCIL – 12 December 2011

Report of the: Chief Finance Officer Report Author: Danny Mather, Corporate Finance Manager Contact Details: Email Address: Telephone: [email protected] 01925 442344 Ward Members: All

TITLE OF REPORT: 2011/12 MID YEAR TREASURY REVIEW

1. PURPOSE OF THE REPORT

1.1 To comply with the Chartered Institute of Public Finance and Accountancy’s (CIPFA) Code of Practice on Treasury Management (revised November 2009) which was adopted by this Council on 1st March 2010, there is a requirement that a half yearly report on the performance of the Council’s treasury management operation be reported to Full Council. This report will also go to the Audit and Corporate Governance Committee (A&CGC) for further discussion on 15th December 2011. The A&CGC are the body charged with the scrutiny of Treasury Management by the Council.

1.2 This report provides an update on the first six months of the year, which is the requirement of the CIPFA Code. Members will find in Appendix 1 further information of the activity up to 31 October 2011. A glossary of treasury terms can also be found at Appendix A.

2. BACKGROUND

2.1 This mid year report has been prepared in compliance with CIPFA’s Code of Practice, and covers the following:

• An economic update for the first six months of 2011/12

• A review of the Treasury Management Strategy Statement and Annual Investment Strategy

• A review of the Council’s investment portfolio for 2011/12

• A review of the Council’s borrowing strategy for 2011/12

• A review of any debt rescheduling undertaken during 2011/12

• A review of compliance with Treasury and Prudential Limits for 2011/12 Item 9.3

3. ECONOMIC UPDATE

Global economy 3.1 The Euro zone sovereign debt crisis has continued during the first six months of 2011/12. There have been renewed market concerns that Spain and Italy may soon join with Greece, Ireland and Portugal in needing assistance. This uncertainty, and the lack of a co-ordinated or credible Euro zone response, left commentators concerned over the potential impact of sovereign default and resulting effect on the Euro zone banking sector. The approval, by various countries of the €440bn bail-out fund in September, has brought temporary relief to financial markets but this is not seen by commentators to provide a credible remedy to the scale of the Greek debt problem or the sheer magnitude of the potential needs of other countries for support.

3.2 The European situation, coupled with political difficulties in the US over their plans to address the budget deficit, the size and control over the US sovereign debt, and the subsequent loss of the AAA credit rating for the US, has led to a much more difficult and uncertain outlook for the world economy. Growth prospects in the US, UK and the Euro zone have been lower than expected, with future prospects similarly cut. Concerns of a double dip recession in some Western countries have increased. World stock markets fell in the second quarter of 2011/12 as a consequence.

UK economy 3.3 Growth in the UK economy has been weaker than expected and thus will impact on future growth prospects (growth was 0.1% in the first quarter of 2011/12). Growth prospects will be governed by UK consumer sentiment, which is currently subdued due to falling disposable income. Higher VAT, overhanging debt, high inflation and concerns over employment are likely to weigh heavily on consumers into the future.

3.4 The announcement by the Monetary Policy Committee (MPC) on 6 October 2011 of a second round of quantitative easing (QE) of £75bn, commentators would suggest, demonstrates that the MPC now views recession as being a much bigger concern than inflation. Although inflation remains high, the MPC’s expectation of future falls opened the way for this new round of QE.

3.5 International investors continue to view UK government gilts as being a safe haven from the EU sovereign debt crisis. The consequent increase in demand for gilts has helped to add downward pressure on gilt yields and sent Public Works Loans Board (PWLB) borrowing rates to low levels, meaning borrowing is currently cheaper. Item 9.3

Forecast for the next six months of 2011/12

3.6 There remain huge uncertainties in economic forecasts due to the following major difficulties:

• The increase in risk that the UK, US and EU could fall into recession • The likely political gridlock in the US preventing significant government fiscal action to boost growth ahead of the Presidential elections in November 2012 • The potential for a major EU sovereign debt crisis, which could have a significant impact on financial markets and the global and UK economies • The degree to which government austerity programmes will dampen economic growth • The potential for further quantitative easing, and the timing of this in both the UK and US • The speed of recovery of banks’ profitability and balance sheet imbalances and the risk of substantial losses being incurred on EU sovereign debt

3.7 The overall balance of risks is weighted to the downside:

• Expected low growth in the UK to continue, with a low Bank Rate to continue for at least 24 months, coupled with a possible further extension of quantitative easing. This will keep investment returns depressed. • The expected longer run trend for PWLB borrowing rates is for them to rise, primarily due to the need to a high volume of gilt issuance in the UK, and the high volume of debt issuance in other major western countries. However the current safe haven status of the UK may continue for some time, postponing any increases until 2012.

3.8 Sector’s (Treasury Advisors to the Council) interest rate forecasts are given in the table below:

Sector’s interest rate forecast

Now Dec-11 Mar-12 Jun-12 Sep-12 Dec-12 Mar-13 Jun-13 Sep-13 Dec-13 Mar-14 Jun-14 Sep-14 Dec-14 Mar-15 % % % % % % % % % % % % % % % Bank rate 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.75 1.00 1.25 1.50 2.00 2.25 2.50 3 month LIBID 0.75 0.70 0.70 0.70 0.70 0.70 0.75 0.80 0.90 1.20 1.40 1.60 2.10 2.40 2.60 6 month LIBID 1.00 1.00 1.00 1.00 1.00 1.00 1.10 1.20 1.40 1.60 1.80 2.00 2.50 2.70 2.90 12 month LIBID 1.50 1.50 1.50 1.50 1.50 1.60 1.70 1.80 1.90 2.20 2.40 2.60 3.10 3.20 3.30

5yr PWLB rate 2.30 2.30 2.30 2.30 2.30 2.40 2.50 2.60 2.70 2.80 2.90 3.10 3.30 3.50 3.70 10yr PWLB rate 3.30 3.30 3.30 3.30 3.40 3.40 3.50 3.60 3.70 3.80 4.00 4.20 4.40 4.60 4.80 25yr PWLB rate 4.20 4.20 4.20 4.20 4.30 4.30 4.40 4.50 4.60 4.70 4.80 4.90 5.00 5.10 5.20 50yr PWLB rate 4.30 4.30 4.30 4.30 4.40 4.40 4.50 4.60 4.70 4.80 4.90 5.00 5.10 5.20 5.30

Item 9.3

4. TREASURY MANAGEMENT STRATEGY STATEMENT AND ANNUAL INVESTMENT STRATEGY UPDATE

4.1 The Council’s Treasury Management Strategy Statement (TMSS) for 2011/12 was approved by this Council on 7 March 2011. The Council’s Annual Investment Strategy, which is incorporated in the TMSS, outlines the Council’s investment priorities as follows: • Security of capital

• Liquidity

4.2 The Council will also aim to achieve the optimum return (yield) on investments commensurate with the proper levels of security and liquidity. In the current economic climate it is considered appropriate to keep investments short term up to a year (with the exception of the Local Authority Mortgage Scheme) and only invest with highly credit rated financial institutions.

4.3 In terms of borrowing the Council’s MTFP had a forecast figure for 2011/12 for borrowing of £30m to fund the capital programme. The policy to borrow this money was when the best interest rate position existed during the year

4.4 Investments and borrowing during the first six months of the year have been in line with the strategy, and there have been no deviations from the strategy. Further details of the Council’s investment and debt portfolio can be seen in section 5 and 6 below.

4.5 As outlined in Section 3 above, there is still considerable uncertainty and volatility in the financial and banking market, both globally and in the UK. In this context, it is considered that the strategy approved on 7 March 2011 is still fit for purpose in the current economic climate.

5. INVESTMENT PORTFOLIO 2011/12

5.1 In accordance with the Code, it is the Council’s priority to ensure security of capital and liquidity, and to obtain an appropriate level of return, which is consistent with the Council’s risk appetite. As set out in Section 3, it is a very difficult investment market with the level of interest rates very low and in line with the 0.5% Bank Rate. The continuing Euro zone sovereign debt crisis, and its potential impact on banks, prompts a low risk and short term strategy. Given this risk adverse environment, investment returns are likely to remain low. Item 9.3

5.2 The average rate of interest earned on Council investments for the first six months of the year is 1.40% against an industry benchmark of 1.24%.

The table below shows the breakdown of the investments compared to Sector’s benchmark, by length of investment.

Council Benchmark Benchmark Return Performance 7 day 0.47% 0.83% 3 month 0.74% 1.32% 6 month 1.02% 0.93% 12 month 1.50% 2.95%

The table below shows the breakdown of the investments compared to CIPFA’s benchmark, by type of investment.

Benchmark Council Investment Type Return Performance Fixed Investments over 365 days 3.02% 3.64% Fixed Investments under 365 days 1.17% 1.18% Notice Accounts 0.82% 0.84% Money market Funds 0.69% 0.80%

The council outperforms the benchmarks on all but the 6 month Sector benchmark. This represents just one deal for £2m, which was undertaken early in the year before investment rates started to climb.

5.3 A full list of investments held as at 30th September 2011 is given below:

Fixed Investments Counter Party Start Date Mat Date Int Rate Principal Warrington Housing Association 13/08/10 11/08/35 5.190 979,877 Lloyds Bank 22/10/10 21/10/11 1.700 2,500,000 Lloyds Bank 19/05/11 27/07/12 2.650 4,000,000 Barclays 20/05/11 21/11/11 0.930 2,000,000 Lloyds Bank 05/08/11 05/08/16 3.400 2,000,000 Santander UK 11/08/11 13/02/12 1.800 10,000,000 Nationwide 11/08/11 13/02/12 1.020 2,000,000 Lloyds Bank 12/08/11 13/02/12 1.420 1,000,000 Total O/S 24,479,877

Overnight Deposits Bal 31/03/11 Bal 31/09/2011 Movement Interest Rate Counter Party £m £m £m % Alliance & Leicester 7.143 0.000 (7.143) 0.80% Bank of Scotland 7.506 1.563 (5.943) 1.00% Yorkshire Bank 0.055 1.455 1.400 0.75% Nat West SIBA 5.141 8.329 3.188 0.85% Handelsbanken 0.000 0.000 0.000 0.25% Prime Rate Money Market Fund 2.000 9.500 7.500 0.80% 21.845 20.847 (0.998)

Item 9.3

6. BORROWING

6.1 The Council’s 2011/12 MTFP contained a forecasted borrowing figure to fund the capital programme of £30m. £2m of new borrowing occurred in June, this was in relation to the Local Authority Mortgage Scheme (LAMS). £2m was required to be invested with Lloyds Bank to guarantee mortgages underwritten by the Council (see paragraph 9). It is expected in line with this strategy that borrowing in the region of £28m will take place in the final quarter of the year to finance the capital programme.

The current portfolio of PWLB Loans and Market Loans are shown below.

PWLB Loans Start Date Mat Date Int Rate Principal 25/09/97 23/03/23 6.625 277,737 22/02/07 30/09/56 4.350 222,189 13/01/10 13/01/14 2.680 305,510 13/01/10 13/01/15 3.120 266,627 15/01/10 15/01/35 4.530 438,824 13/08/10 13/08/35 3.940 54,885 22/10/10 22/10/11 0.620 1,277,588 22/10/10 22/10/15 1.870 111,095 26/11/10 30/09/55 5.260 555,473 20/06/11 20/06/16 3.020 2,000,000 Total 5,509,928

Money Market Loans Start Maturity Interest Principal Date Date Rate (%) 21/04/1997 23/04/35 5.800 5,000,000 27/03/2002 27/03/42 4.980 5,000,000 02/04/2002 02/04/42 5.000 5,000,000 26/04/2002 26/04/42 4.990 15,000,000 01/04/2003 01/04/43 4.223 5,000,000 01/04/2003 01/04/43 4.304 10,000,000 24/11/2005 24/11/65 3.820 10,000,000 03/04/2006 03/04/66 3.810 5,000,000 20/01/2006 20/01/66 3.960 10,000,000 26/07/2007 26/07/77 4.180 25,000,000 16/08/2006 16/08/76 4.230 13,500,000 01/04/2008 01/04/50 5.000 12,275 Total 108,512,275

7. DEBT RESCHEDULING

7.1 Debt rescheduling opportunities have been limited in the current economic climate and consequent structure of interest rates. No debt rescheduling was undertaken during the first six months of 2011/12.

8. COMPLIANCE WITH TREASURY AND PRUDENTIAL LIMITS 8.1 It is a statutory duty for the Council to determine and keep under review the “Affordable Borrowing Limits”. Council’s approved Treasury and Prudential Item 9.3

Indicators (affordability limits) are outlined in the approved Treasury Management Strategy Statement.

8.2 During the financial year to date the Council has operated within the treasury limits and Prudential Indicators set out in the Council’s Treasury Management Strategy Statement and in compliance with the Council's Treasury Management Practices. The main Prudential and Treasury Indicators are shown in the table below:

Prudential & Treasury Indicators as at 30th September 2011

Prudential Indicator 2011/12 Indicator Quarter 2 - Actual £m £m Capital Financing Requirement 169.1 141.0 Net Borrowing 97.4 69.1 Authorised Limit for External Debt 187.7 114.4 Operational Boundary for External Debt 170.1 114.4 Limit of Fixed Interest Rates based on Net Debt 100% 100% Limit of Variable Interest Rates based on Net Debt 40% - Principle Sums Invested >364 Days 20 3 Maturity Structure of Borrowing Limits % % Under 12 Months 25 1.1 12 Months - 2 Years 25 0.0 2 Years - 5 Years 35 2.4 5 Years - 10 Years 30 0.0 10 years and Above 100 96.5

9. LOCAL AUTHORITY MORTGAGE SCHEME (LAMS) 9.1 In August 2011 the Council fully implemented the LAMS. This is a scheme that allows the Council to give mortgages for first time buyers. The Council underwrites 20% of the mortgages for first time buyers up to a period of five years. The initial scheme is with Lloyds but new lenders are expected to join the scheme. The scheme is designed to promote home ownership and house building in the borough.

10. CONFIDENTIAL OR EXEMPT 10.1 Not confidential.

11. FINANCIAL CONSIDERATIONS N/A

12. RISK ASSESSMENT 12.1 A full risk assessment has been undertaken. The Council’s annual Treasury Management Strategy details the financial risks facing the Council’s treasury portfolio over the coming year.

Item 9.3

13. EQUALITY AND DIVERSITY/EQUALITY IMPACT ASSESSMENT 13.1 The Finance Service undertakes Equality Impact Assessment in its wider functions. Service changes that emerge from proposals contained in the Treasury Management Strategy are subject to Equality Impact Assessments.

14. CONSULTATION N/A

15. CONCLUSION 15.1 All treasury activity for the first half of the year was carried out in full compliance with the Council’s Treasury Management Strategy, which was approved by Council on 7 March 2011. It is also pleasing to note that the strategy is achieving investment results well above the industry benchmark.

16. REASONS FOR RECOMMENDATIONS 16.1 To ensure the Council compiles with the 2009 revised CIPFA Treasury Management Code of Practice.

17. RECOMMENDATIONS 17.1 That Council note the report.

18. BACKGROUND PAPERS • Treasury working papers Contacts for Background Papers:

Name E-mail Telephone Danny Mather [email protected] 01925 442344 Corporate Finance Manager 19. Clearance Details Name Consulted Date Yes No Consulted SMB  Assistant Chief Executive Katherine  29/11/11 Fairclough Chief Finance Officer Lynton Green  29/11/11 Solicitor to the Council Timothy Date  29/11/11

Item 9.3

Appendix 1 Investments The tables below summarise the Council’s investment portfolio at 31 October 2011. Since September, one Lloyds investment for £2.5m has matured and there has been some slight movement in the deposit account portfolio. Fixed Investments Counter Party Start Date Mat Date Int Rate Principal Warrington Housing Association 13/08/10 11/08/35 5.190 979,877 Lloyds Bank 19/05/11 27/07/12 2.650 4,000,000 Barclays 20/05/11 21/11/11 0.930 2,000,000 Lloyds Bank 05/08/11 05/08/16 3.400 2,000,000 Santander UK 11/08/11 13/02/12 1.800 10,000,000 Nationwide 11/08/11 13/02/12 1.020 2,000,000 Lloyds Bank 12/08/11 13/02/12 1.420 1,000,000 Total O/S 21,979,877

Overnight Deposits Bal 31/03/11 Bal 31/10/2011 Movement Interest Rate Counter Party £m £m £m % Alliance & Leicester 7.143 0.000 (7.143) 0.80% Bank of Scotland 7.506 3.043 (4.463) 1.00% Yorkshire Bank 0.055 0.006 (0.049) 0.75% Nat West SIBA 5.141 7.987 2.846 0.85% Handelsbanken 0.000 0.144 0.144 0.25% Prime Rate Money Market Fund 2.000 8.000 6.000 0.80% 21.845 19.180 (2.665)

Borrowing Since September one PWLB loan for £1,277,588 has been repaid. There have been no changes to the Market Loan portfolio. The tables below summarise the Council’s debt portfolio at 31 October 2011: Money Market Counter Party Start Date Mat Date Int Rate Principal DEPFA BANK PLC 21/04/97 23/04/35 5.800 5,000,000 BAYERISHCE LANDESBANK 27/03/02 27/03/42 4.980 5,000,000 EURAPAISCHE HYPOTHEKEN 02/04/02 02/04/42 5.000 5,000,000 EURO HYPO 26/04/02 26/04/42 4.990 15,000,000 DEPFA BANK PLC 01/04/03 01/04/43 4.223 5,000,000 DEPFA ACS BANK 01/04/03 01/04/43 4.304 10,000,000 DEXIA FINANCE PUBLIC BANK 24/11/05 24/11/65 3.820 10,000,000 BARCLAYS BANK 03/04/06 03/04/66 3.810 5,000,000 BARCLAYS BANK 20/01/06 20/01/66 3.960 10,000,000 BARCLAYS BANK 26/07/07 26/07/77 4.180 25,000,000 DEXIA FINANCE PUBLIC BANK 16/08/06 16/08/76 4.230 13,500,000 Bonds 01/04/08 01/04/50 5.000 12,275 Total O/S 108,512,275 Item 9.3

PWLB Loans Start Date Mat Date Int Rate Principal 25/09/97 23/03/23 6.625 277,737 22/02/07 30/09/56 4.350 222,189 13/01/10 13/01/14 2.680 305,510 13/01/10 13/01/15 3.120 266,627 15/01/10 15/01/35 4.530 438,824 13/08/10 13/08/35 3.940 54,196 22/10/10 22/10/15 1.870 111,095 26/11/10 30/09/55 5.260 555,473 20/06/11 20/06/16 3.020 2,000,000 Total O/S 4,231,650

LOCAL AUTHORITY MORTGAGE SCHEME (LAMS)

The Council went live with LAMS in August 2011. At the end of October 2011 twenty four applications had been received under the scheme, of which 6 mortgages had been approved and 11 offers were still to be completed. The Council also hope to add Leeds Building Society and other leading Building Societies to the list of lenders shortly. Item 9.3

Appendix 2 GLOSSARY OF TERMS

Basis Point (BP) 1/100th of 1%, i.e. 0.01% Base Rate Minimum lending rate of a bank or financial institution in the UK Benchmark A measure against which the investment policy or performance of a fund manager can be compared. Bill of Exchange A financial instrument financing trade. Callable Deposit A deposit placed with a bank or building society at a set rate for a set amount of time. However, the borrower has the right to repay the funds on pre agreed dates, before maturity. This decision is based on how market rates have moved since the deal was agreed. If rates have fallen the likelihood of the deposit being repaid rises, as cheaper money can be found by the borrower. Cash Fund Fund management is the management of an investment portfolio of cash on Management behalf of a private client or an institution, the receipts and distribution of dividends and interest, and all other administrative work in connection with the portfolio. Certificate of Deposit Evidence of a deposit with a specified bank or building society repayable on a fixed date. They are negotiable instruments and have a secondary market; therefore the holder of a CD is able to sell it to a third party before the maturity of the CD. Commercial Paper Short-term obligations with maturities ranging from 2 to 270 days issued by banks, corporations and other borrowers. Such instruments are unsecured and usually discounted, although some may be interest bearing. Corporate Bond Strictly speaking, corporate bonds are those issued by companies. However, the term is used to cover all bonds other than those issued by governments in their own currencies and includes issues by companies, supranational organisations and government agencies. Counterparty Another (or the other) party to an agreement or other market contract (e.g. lender/borrower/writer of a swap/etc.) CDS Credit Default Swap – a swap designed to transfer the credit exposure of fixed income products between parties. The buyer of a credit swap receives credit protection, whereas the seller of the swap guarantees the credit worthiness of the product. By doing this, the risk of default is transferred from the holder of the fixed income security to the seller of the swap. CFR Capital Financing Requirement CIPFA Chartered Institute of Public Finance and Accountancy CLG Department for Communities and Local Government CPI Consumer Price Index – calculated by collecting and comparing prices of a set basket of goods and services as bought by a typical consumer, at regular intervals over time. The CPI covers some items that are not in the RPI, such as unit trust and stockbrokers fees, university accommodation fees and foreign students’ university tuition fees. DCLG Department of Communities and Local Government Derivative A contract whose value is based on the performance of an underlying financial asset, index or other investment, e.g. an option is a derivative because its value changes in relation to the performance of an underlying stock. DMADF Deposit Account offered by the Debt Management Office, guaranteed by the UK government. ECB European Central Bank – sets the central interest rates in the EMU area. The ECB determines the targets itself for its interest rate setting policy; this is to keep inflation within a band of 0 to 2%. It does not accept that monetary policy is to be used to manage fluctuations in unemployment and growth caused by the business cycle. EMU European Monetary Union Equity A share in a company with limited liability. It generally enables the holder to share in the profitability of the company through dividend payments and Item 9.3

capital gain. EU European Union Fed. Federal Reserve Bank of America – sets the central rates in the USA Floating Rate Notes Bonds on which the rate of interest is established periodically with reference to short-term interest rates Forward Deal The act of agreeing today to deposit funds with an institution for an agreed time limit, on an agreed future date, at an agreed rate. Forward Deposits Same as forward dealing (above). FSA Financial Services Authority – body responsible for overseeing financial services. Fiscal Policy The Government policy on taxation and welfare payments. GDP Gross Domestic Product GF General Fund Gilt Registered British government securities giving the investor an absolute commitment from the government to honour the debt that those securities represent. Gilt Funds Pooled fund investing in bonds guaranteed by the UK government. Government MMF MMFs that invest solely in government securities, or reverse repurchase agreements backed by Government Securities. HM Treasury Her Majesty’s Treasury HRA Housing Revenue Account IFRS International Financial Reporting Standards LOBO’s Lenders Option Borrowers Option loans Money Market Fund A well rated, highly diversified pooled investment vehicle whose assets mainly comprise of short term instruments. It is very similar to a unit trust, however in a MMF. Monetary Policy Government body that sets the bank rate (commonly referred to as being committee (MPC) base rate). Their primary target is to keep inflation within plus or minus 1% of a central target of 2.5% in two years time from the date of the monthly meeting of the Committee. Their secondary target is to support the Government in maintaining high and stable levels of growth and employment. MRP Minimum Revenue Provision MTFP Medium Term Financial Plan Open Ended A well diversified pooled investment vehicle, with a single purchase price, Investment rather than a bid/offer spread. Companies Other Bond Funds Pooled funds investing in a wide range of bonds. PFI Private Finance Initiative PWLB Public Works Loan Board QE Quantitative Easing Reverse Gilt Repo This is a transaction as seen from the point of view of the party which is buying the gilts. In this case, one party buys gilts from the other and, at the same time and as part of the same transaction, commits to resell equivalent gilts on a specified future date, or at call, at a specified price. Retail Price Index Measurement of the monthly change in the average level of prices at the (RPI) retail level weighted by the average expenditure pattern of the average person. RPIX As RPI but excluding mortgage interest rate movements. RPIY As RPI but excluding mortgage interest rate movements and changes in prices caused by changes in taxation. Sovereign Issues (Ex Bonds issued or guaranteed by nation states, but excluding UK government UK Gilts) bonds. Supranational Bonds Bonds issued by supranational bodies, e.g. European investment bank. These bonds – also known as Multilateral Development Bank bonds – are generally AAA rated and behave similarly to gilts, but pay a higher yield (“spread”) given their relative illiquidity when compared with gilts. SORP Statement of Recommended Practice S151 Section 151 Officer Term Deposit A deposit held in a financial institution for a fixed term at a fixed rate. Item 9.3

Treasury Bill Treasury bills are short term debt instruments issued by the UK or other governments. They provide a return to the investor by virtue of being issued at a discount to their final redemption value. UBS Union Bank of Switzerland US United States WARoR Weighted Average Rate of Return is the average annualised rate of return weighted by the principal amount in each rate. WAM Weighted Average Time to Maturity is the average time, in days, till the portfolio matures, weighted by principal amount. WATT Weighted Average Total Time is the average time, in days, that deposits are lent out for, weighted by principal amount. WA Risk Weighted Average Credit Risk Number. Each institution is assigned a colour corresponding to a suggested duration using Sector’s Suggested Credit Methodology. Model WARoR Model Weighted Average Rate of Return is the WARoR that the model produces by taking into account the risks inherent in the portfolio.

Agenda Item 9.3

WARRINGTON BOROUGH COUNCIL

COUNCIL – 12 December 2011

Report of: Tony Higgins - Chair of Health & Wellbeing Overview & Scrutiny Committee and Pat Wright - Executive Board Member, Health and Adult Services

Executive Director: Joe Blott – Executive Director, Neigbourhood and Community Services Report Author: Julian Joinson, Principal Democratic Services Officer Contact Details: Email Address: Telephone: [email protected] (01925) 442112 Ward Members: All

TITLE OF REPORT: CHESHIRE & MERSEYSIDE VASCULAR REVIEW – ESTABLISHMENT OF A JOINT HEALTH OVERVIEW AND SCRUTINY COMMITTEE

1. PURPOSE

1.1 To consider the recommendation of the Health and Well-Being Overview and Scrutiny Committee in respect of the establishment of a Joint Health Overview and Scrutiny Committee with neighbouring authorities, to consider a review of vascular services within Cheshire and Merseyside.

2. CONFIDENTIAL OR EXEMPT

2.1 The report is not considered to contain confidential or exempt information at this time.

3. INTRODUCTION AND BACKGROUND

3.1 An NHS Project Board has carried out a review of vascular services in Cheshire and Merseyside. An initial consultation with stakeholders took place in February/March 2011, focusing on possible criteria for the selection of vascular centres and the balance between local access and high quality specialist care. The Health and Well-Being Overview and Scrutiny Committee was consulted at this initial stage of the review and has been kept informed of subsequent developments.

3.2 The review has now been completed and the Project Board wish to consult on the final proposals of the review. The Health and Wellbeing Overview and Scrutiny

Agenda Item 9.3

Committee, at its meeting on 24 November 2011, considered the next steps in the process.

3.3 Due to the likely significant impact that the proposals would have on local communities and the Acute Trust, the Health and Well-Being Overview and Scrutiny Committee has determined that the proposals pose a substantial variation in the provision of vascular services and as such should be subject to formal Health Scrutiny.

4. ESTABLISHMENT OF A JOINT COMMITTEE

4.1 A Direction from the Secretary of State for Health provides that when NHS proposals cover more than one local authority, those authorities who deem the proposals to be substantial should form a Joint Committee under the relevant Regulations. Although the overall proposals cover the whole of Cheshire and Merseyside, the Committee considered that Warrington’s interests would be best served by forming a Joint Committee with Halton Borough Council and St Helens Council, since the impact of the proposals on these areas may be similar. Accordingly, Council is being recommended to form a Joint Committee. The power to gather evidence, to require information from NHS colleagues and to make recommendations would then be exercised by the Joint Committee.

4.2 Initial discussions have already taken place between officers of the relevant authorities and it has been agreed provisionally that Warrington should undertake the lead role in relation to the Joint Committee, subject to elected Member approval. The Health and Well-Being Committee have endorsed this approach.

4.3 A joint meeting will be organised as soon as practicably possible and appropriate terms of reference will be drawn up ensuring the joint committee would have the power to take appropriate decisions. It is envisaged that the joint Committee would comprise nine members (three members from each of the constituent authorities). Individual authorities’ membership would be subject to the rules on political balance, unless Councils choose to waive this requirement. A copy of the draft terms of reference are enclosed at Appendix 1.

4.4 Halton Borough Council Health Policy and Performance Board agreed at their meeting on the 8 November 2011 that the proposals constitute a significant variation to services provided and agreed to a Joint Scrutiny Committee. As such, they have nominated the following Members to sit on the Committee:-

Councillor E Cargill (Chair of the Board) Councillor J Lowe (Vice Chair of the Board) Councillor S Baker

Agenda Item 9.3

4.5 St Helens Borough Council held a special meeting of its Adult Social Care and Health Overview and Scrutiny Panel on 21 November 2011 and has also agreed that the proposals form a substantial variation to services. St Helens have nominated Cllr Suzanne Knight (Chair of the Panel) to serve on the Joint Committee, but have yet to confirm two further nominees.

4.6 It is anticipated that the NHS consultation will commence shortly, lasting around 12 weeks. Therefore, the arrangements for the establishment and operation of a Joint Committee will need to be finalised quickly. Some of the detailed arrangements and membership issues may require further negotiation with Halton and St Helens Councils and would be unable to await the next meeting of this Council. Accordingly, it is proposed to delegate approval of the final arrangements for the Joint Committee to the Assistant Chief Executive, in consultation with the Executive Board Member for Heath and Well-Being and the Chair of the Heath and Well-Being OSC.

5. RECOMMENDATIONS OF THE OVERVIEW AND SCRUTINY COMMITTEE

5.1 The Health and Well-Being Overview and Scrutiny Committee on 24 November 2011 has recommended the Council:-

(1) to establish a Joint Committee with Halton Borough Council and St Helen’s Council to consider the proposals and to waive political proportionality if necessary and appoint the Chair, Vice Chair and one other member of this Committee to sit on the Joint Committee;

(2) to approve the Draft Terms of Reference attached at Appendix 1.

6. FINANCIAL CONSIDERATIONS

6.1 There may be a financial cost to Warrington Borough Council in relation to administering the set up of a Joint Committee, but this is expected to minimal and can be contained within existing budgets. Costs may be shared between the constituent authorities.

7. RISK ASSESSMENT

7.1 Failure to establish Joint Scrutiny arrangements may reduce the effectiveness of the constituent authorities’ ability to assess the implications for local services, patients and relatives and the Acute Trust. It may also negate the opportunity to respond to the consultation in a co-ordinated manner.

8. EQUALITY AND DIVERSITY / EQUALITY IMPACT ASSESSMENT

8.1 Equality and Diversity issues will be explored during consideration of the consultation information.

Agenda Item 9.3

9. CONSULTATION

9.1 The Joint Committee will determine how it will engage with relevant stakeholders.

10. REASONS FOR RECOMMENDATION

10.1 To enable Warrington to coordinate with neighbouring authorities, its response to the proposals for changes to vascular services.

11. RECOMMENDATION

11.1 To establish a Joint Committee with Halton Borough Council and St Helen’s Council to consider the proposals, to waive political proportionality if necessary and to appoint the Chair, Vice Chair and one other member of the Health and Well-Being Overview and Scrutiny Committee to sit on the Joint Committee;

11.2 To approve the Draft Terms of Reference attached at Appendix 1

11.3 To authorise the Assistant Chief Executive, in consultation with the Executive Board Member for Heath and Well-Being and the Chair of the Heath and Well- Being OSC, to approve the final arrangements for the Joint Committee.

12. BACKGROUND PAPERS

Consultation documents on the Cheshire and Merseyside Review of Vascular Services

Contacts for Background Papers:

Name E-mail Telephone Julian Joinson [email protected] (01925) 442112

13. Clearance Details Name Consulted Date Yes No Approved Relevant Executive Board Member Cllr Pat Wright  27/11/11 Overview and Scrutiny Committee Chair Cllr Tony Higgins  22/11/11 SMB -  29/11/11 Relevant Executive Director Joe Blott and  29/11/11 Katherine Fairclough  Solicitor to the Council Timothy Date  02/12/11 S151 Officer Lynton Green  29/11/11 Relevant Assistant Director Timothy Date  02/12/11

Agenda Item 9.3

WARRINGTON BOROUGH COUNCIL

COUNCIL – 12 December 2011

Report of: Tony Higgins - Chair of Health & Wellbeing Overview & Scrutiny Committee and Pat Wright - Executive Board Member, Health and Adult Services

TITLE OF REPORT: CHESHIRE & MERSEYSIDE VASCULAR REVIEW – ESTABLISHMENT OF A JOINT HEALTH OVERVIEW AND SCRUTINY COMMITTEE

1. PURPOSE

2. CONFIDENTIAL OR EXEMPT

2.1 The report is not considered to contain confidential or exempt information at this time.

3. INTRODUCTION AND BACKGROUND

3.2 The review has now been completed and the Project Board wish to consult on the final proposals of the review. The Health and Wellbeing Overview and Scrutiny

Agenda Item 9.3

Committee, at its meeting on 24 November 2011, considered the next steps in the process.

4. ESTABLISHMENT OF A JOINT COMMITTEE

Councillor E Cargill (Chair of the Board) Councillor J Lowe (Vice Chair of the Board) Councillor S Baker

Agenda Item 9.3

5. RECOMMENDATIONS OF THE OVERVIEW AND SCRUTINY COMMITTEE

5.1 The Health and Well-Being Overview and Scrutiny Committee on 24 November 2011 has recommended the Council:-

(2) to approve the Draft Terms of Reference attached at Appendix 1.

6. FINANCIAL CONSIDERATIONS

7. RISK ASSESSMENT

8. EQUALITY AND DIVERSITY / EQUALITY IMPACT ASSESSMENT

8.1 Equality and Diversity issues will be explored during consideration of the consultation information.

Agenda Item 9.3

9. CONSULTATION

9.1 The Joint Committee will determine how it will engage with relevant stakeholders.

10. REASONS FOR RECOMMENDATION

10.1 To enable Warrington to coordinate with neighbouring authorities, its response to the proposals for changes to vascular services.

11. RECOMMENDATION

11.2 To approve the Draft Terms of Reference attached at Appendix 1

12. BACKGROUND PAPERS

Consultation documents on the Cheshire and Merseyside Review of Vascular Services

Contacts for Background Papers:

Name E-mail Telephone Julian Joinson [email protected] (01925) 442112

Agenda Item 9.3

WARRINGTON BOROUGH COUNCIL

COUNCIL – 12 December 2011

Report of: Tony Higgins - Chair of Health & Wellbeing Overview & Scrutiny Committee and Pat Wright - Executive Board Member, Health and Adult Services

TITLE OF REPORT: CHESHIRE & MERSEYSIDE VASCULAR REVIEW – ESTABLISHMENT OF A JOINT HEALTH OVERVIEW AND SCRUTINY COMMITTEE

1. PURPOSE

2. CONFIDENTIAL OR EXEMPT

2.1 The report is not considered to contain confidential or exempt information at this time.

3. INTRODUCTION AND BACKGROUND

3.2 The review has now been completed and the Project Board wish to consult on the final proposals of the review. The Health and Wellbeing Overview and Scrutiny

Agenda Item 9.3

Committee, at its meeting on 24 November 2011, considered the next steps in the process.

4. ESTABLISHMENT OF A JOINT COMMITTEE

Councillor E Cargill (Chair of the Board) Councillor J Lowe (Vice Chair of the Board) Councillor S Baker

Agenda Item 9.3

5. RECOMMENDATIONS OF THE OVERVIEW AND SCRUTINY COMMITTEE

5.1 The Health and Well-Being Overview and Scrutiny Committee on 24 November 2011 has recommended the Council:-

(2) to approve the Draft Terms of Reference attached at Appendix 1.

6. FINANCIAL CONSIDERATIONS

7. RISK ASSESSMENT

8. EQUALITY AND DIVERSITY / EQUALITY IMPACT ASSESSMENT

8.1 Equality and Diversity issues will be explored during consideration of the consultation information.

Agenda Item 9.3

9. CONSULTATION

9.1 The Joint Committee will determine how it will engage with relevant stakeholders.

10. REASONS FOR RECOMMENDATION

10.1 To enable Warrington to coordinate with neighbouring authorities, its response to the proposals for changes to vascular services.

11. RECOMMENDATION

11.2 To approve the Draft Terms of Reference attached at Appendix 1

12. BACKGROUND PAPERS

Consultation documents on the Cheshire and Merseyside Review of Vascular Services

Contacts for Background Papers:

Name E-mail Telephone Julian Joinson [email protected] (01925) 442112

Agenda Item 9.4

WARRINGTON BOROUGH COUNCIL

COUNCIL – 12 December 2011

Report of: Tony Higgins - Chair of Health & Wellbeing Overview & Scrutiny Committee and Pat Wright - Executive Board Member, Health and Adult Services

TITLE OF REPORT: CHESHIRE & MERSEYSIDE VASCULAR REVIEW – ESTABLISHMENT OF A JOINT HEALTH OVERVIEW AND SCRUTINY COMMITTEE

1. PURPOSE

2. CONFIDENTIAL OR EXEMPT

2.1 The report is not considered to contain confidential or exempt information at this time.

3. INTRODUCTION AND BACKGROUND

3.2 The review has now been completed and the Project Board wish to consult on the final proposals of the review. The Health and Wellbeing Overview and Scrutiny

Agenda Item 9.4

Committee, at its meeting on 24 November 2011, considered the next steps in the process.

4. ESTABLISHMENT OF A JOINT COMMITTEE

Councillor E Cargill (Chair of the Board) Councillor J Lowe (Vice Chair of the Board) Councillor S Baker

Agenda Item 9.4

5. RECOMMENDATIONS OF THE OVERVIEW AND SCRUTINY COMMITTEE

5.1 The Health and Well-Being Overview and Scrutiny Committee on 24 November 2011 has recommended the Council:-

(2) to approve the Draft Terms of Reference attached at Appendix 1.

6. FINANCIAL CONSIDERATIONS

7. RISK ASSESSMENT

8. EQUALITY AND DIVERSITY / EQUALITY IMPACT ASSESSMENT

8.1 Equality and Diversity issues will be explored during consideration of the consultation information.

Agenda Item 9.4

9. CONSULTATION

9.1 The Joint Committee will determine how it will engage with relevant stakeholders.

10. REASONS FOR RECOMMENDATION

10.1 To enable Warrington to coordinate with neighbouring authorities, its response to the proposals for changes to vascular services.

11. RECOMMENDATION

11.2 To approve the Draft Terms of Reference attached at Appendix 1

12. BACKGROUND PAPERS

Consultation documents on the Cheshire and Merseyside Review of Vascular Services

Contacts for Background Papers:

Name E-mail Telephone Julian Joinson [email protected] (01925) 442112

13. Clearance Details Name Consulted Date Yes No Approved Relevant Executive Board Member Cllr Pat Wright  Overview and Scrutiny Committee Chair Cllr Tony Higgins  SMB -  Relevant Executive Director Joe Blott and  Katherine Fairclough  Solicitor to the Council Timothy Date  S151 Officer Lynton Green  Relevant Assistant Director Timothy Date 

Motion 1

Queen Elizabeth II Fields Challenge

Proposed by Cllr Bob Barr Seconded by Cllr Sandra Bradshaw

This Council

Motion 2

Proposer: Cllr Lottie Ladbury Seconded: Cllr Tony Higgins

Motion 3

Proposer: Cllr David Keane Seconder: Cllr Russ Bowden

Agenda Item 12

WARRINGTON BOROUGH COUNCIL

COUNCIL – 12 December 2011

Report of Executive Cllr Hitesh Patel, Portfolio Holder Personnel and Board Member: Communications Executive Director: Katherine Fairclough, Assistant Chief Executive Report Author: Julian Joinson Contact Details: Email Address: Telephone: [email protected] (01925) 442112

Ward Members: All Wards

TITLE OF REPORT: APPOINTMENT OF MEMBERS OF THE INDEPENDENT REMUNERATION PANEL

1. PURPOSE

1.1 To appoint a number of persons to the Independent Remuneration Panel.

2. CONFIDENTIAL OR EXEMPT

2.1 This report is not considered to contain confidential or exempt information at this time.

3. INTRODUCTION AND BACKGROUND

3.1 In accordance with Regulation 20 of the Local Authorities (Members’ Allowances) (England) Regulations 2003, the Council is required to establish an Independent Remuneration Panel (IRP) for the purpose of making recommendations about the Members’ Allowances Scheme. An Independent Remuneration Panel has been in operation in Warrington for a number of years in compliance with these and previous Regulations and its membership consists of 5 independent persons.

3.2 Members will recall that Council, on 1 March 2010, appointed the following persons to serve on the Independent Remuneration Panel for a period of 4 years:-

• Shirley North; • Joyce Park; • Denise Power; • Susan Robinson.

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3.3 It did not prove possible to identify a suitable 5th candidate from among applicants at that time and a vacancy has remained on the Panel since then. Subsequently, Mrs Park has resigned from her role and recruitment of two additional Members is necessary to return the Panel to full membership.

3.4 The Regulations do not specify how a local authority may go about finding members of its IRP. A key consideration is that the membership of the Panel should be truly independent, well qualified to discharge the functions of the Panel and representative of the diversity of the local community. The Government Guidance suggests that authorities may advertise vacancies, or ask particular stakeholders to put forward candidates.

4. APPOINTMENT OF NEW PANEL MEMBERS

4.1 Experience has shown that recruitment by advertisement is costly and rarely results in sufficient suitable candidates coming forward. Accordingly, officers within Democratic and Member Services have invited expressions of interest from individuals and community groups who work closely with the authority, including the Neighbourhood Boards. It was felt that these groups of people would have the necessary skills and experience of the local government environment to be able to serve on the IRP, whilst maintaining the required level of independence.

4.2 Three persons have responded to the invitation. Of that number, one was disqualified under the Regulations, by virtue of membership of a Parish Council within Warrington. The remaining two respondents met with officers in October 2011, on an informal basis, to discuss the role of Panel members and their responsibilities. Both candidates reside within the Borough and serve on the East Neighbourhood Board. The prospective Panellists have subsequently confirmed that they wish to seek formal appointment to the IRP and have submitted personal profiles as background. Officers are satisfied that both are suitable persons to serve on the Panel.

4.3 A list of candidates is as follows:-

• Lee Birchall; • Paul Taylor.

4.4 It is proposed to seek their formal appointment to the IRP for a period of four years. In accordance with a previous Council resolution, no member will be appointed for more than 2 consecutive terms of office. Continued officer support and a programme of training and development will be provided to ensure that all new Panellists have the necessary knowledge to undertake their role effectively.

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5. SCHEME OF MEMBERS’ ALLOWANCES 2012/13

5.1 The Panel has recently commenced its work to consider recommendations for the Scheme of Members’ Allowances for 2012/13. As in previous years, this process will involve considering a range of evidence, including financial information, peer group information, hours worked, consultation with the political groups and the views of individual councillors. It is proposed that the Panel will meet several times over the winter months, with a view to making formal recommendations to Council in March 2012.

6. FINANCIAL CONSIDERATIONS

6.1 The Authority may pay travelling and subsistence allowances to Panellists. The estimated cost can be contained within the overall budget for allowances. An amount equivalent to a co-optee’s allowance may also be payable, but to date the Panel has determined not to request such a payment.

7. RISK ASSESSMENT

7.1 The appointment of a suitably trained Panel is necessary to ensure that the Council is able to comply with its duty under the Regulations to have regard to IRP recommendations before making or amending an Allowances Scheme.

8. EQUALITY AND DIVERSITY / EQUALITY IMPACT ASSESSMENT

8.1 Government Guidance indicates that the appointment process to the IRP must command public confidence and be able to attract membership which is representative of the diversity of all the communities in the local authority’s area. The appointment process undertaken complies with this advice.

8.2 The Panel, in recommending a Scheme of Allowances, should consider how it may encourage people from all walks of life to stand for public office.

9. CONSULTATION

9.1 No formal consultation has been undertaken. Appointments to the Panel are made on an individual basis and are a matter for Council alone to determine.

10. REASONS FOR RECOMMENDATION

10.1 The proposed appointments are required to fill vacancies on the Independent Remuneration Panel.

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11. RECOMMENDATION

11.1 That the following persons be appointed to the Independent Remuneration Panel for a period of four years commencing on 12 December 2011:-

• Lee Birchall; • Paul Taylor.

12. BACKGROUND PAPERS

Nil

Contacts for Background Papers:

Name E-mail Telephone N/A N/A N/A

13. Clearance Details: Name Consulted Date Yes No Approved Relevant Executive Board Member Cllr Hitesh Patel  SMB -  Relevant Executive Director Katherine Fairclough  Solicitor to the Council Tim Date  S151 Officer Lynton Green  Relevant Assistant Director Tim Date 

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Polling Districts and Polling Places Review 2011

Schedule of Proposals, Representations and Recommendations

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Warrington North Parliamentary Constituency

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BIRCHWOOD WARD

Postal Station Existing Electorate New PD Voters Turnout Existing Polling Place Recommendation PD Ref Sept 2011 Ref Sept 2011 May 2011 NCA 2109 370 31% Gorse Covert Primary School No change NCA NCB 2309 337 28% Birchwood C E Primary School No change NCB NCC 2575 429 36% Locking Stumps Primary School No change NCC NCD 176 28 50% Parkers Farm Community Centre No change NCD NCE 1194 196 30% Birchwood Leisure and Tennis Complex No change NCE

Proposal for consultation: Merge NCC and NCD polling districts, with Locking Stumps Primary School as the designated polling place. Summary of representations received: All of the ten representations received were not in support of the above proposal. The representations received were from Councillor Chris Fitzsimmons, Councillor Russ Bowden, Birchwood Town Council and electors in the NCD polling district. They all expressed concerns that electors in NCD will have to cross a major road with no suitable routes and these electors are predominately elderly. All representations commented that it would disenfranchise electors by the further travelling distance. Summary of (Acting) Returning Officer’s representations: It was proposed to merge NCC and NCD polling districts as NCD has a small electorate which was considered to be more efficient if these voters were directed to a polling place that was relatively near to them already. Given the representations received, I have taken these into account and have decided that the proposal would have a negative effect, since being made aware that there are no suitable crossing routes for these electors and the reasoning why the existing polling place was originally designated. Recommendation: • No change to existing arrangements.

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BURTONWOOD AND WINWICK WARD

Postal Station Existing Electorate New PD Voters Turnout Existing Polling Place Recommendation PD Ref Sept 2011 Ref Sept 2011 May 2011 NDA 1500 219 35% Parish Pavilion, Clay Lane No change NDA NDB 1680 231 37% Burtonwood Community Centre No change NDB NDC 1845 375 33% Winwick Leisure Centre No change NDC

Proposal for consultation: No changes to existing arrangements. Summary of representations received: None. Summary of (Acting) Returning Officer’s representations: The existing arrangements work well in facilitating voters in this ward and I have not received any comments to suggest otherwise. Recommendation: • No change to existing arrangements.

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CULCHETH GLAZEBURY AND CROFT WARD

Postal Station Existing Electorate New PD Voters Turnout Existing Polling Place Recommendation PD Ref Sept 2011 Ref Sept 2011 May 2011 NEA 867 157 46% Age Concern Day Centre No change NEA NEB 1493 300 40% Culcheth Christian Fellowship No change NEB NEC 1332 291 47% Culcheth Methodist Church Hall No change NEC NED 898 168 41% Glazebury Scout Headquarters No change NED NEE 573 78 31% Mobile Unit – Churchill Avenue No change NEE NEF 1752 280 36% Newchurch Parish Church No change NEF NEG 1729 334 40% Croft Village Memoral Hall No change NEG

Proposal for consultation: No changes to existing arrangements. Summary of representations received: Croft Parish Council in support of the existing arrangements. Summary of (Acting) Returning Officer’s representations: The existing arrangements work well in facilitating voters in this ward and I have not received any comments to suggest otherwise. Recommendation: • No change to existing arrangements.

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FAIRFIELD AND HOWLEY WARD

Postal Station Existing Electorate New PD Voters Turnout Existing Polling Place Recommendation PD Ref Sept 2011 Ref Sept 2011 May 2011 NFA 1747 350 14% St Benedicts R C Primary School No change NFA NFB 1836 236 24% Fairfield and Howley Neighbourhood Project No change NFB NFD 1057 130 25% Oakwood Avenue Primary School Merge with NFF NFC NFF 601 100 29% St Oswalds Parish Club Merge with NFD - NFG 913 125 20% Community House, 34 Watkin Street Merge with NFH NFD NFH 1057 159 22% Irish Club Merge with NFG - NFJ 421 51 15% St Elphin’s Community Hall No change NFE NFK 1088 166 22% Community Hall, 15/17 Nora Street No change NFF NFL 527 93 28% Alford Sports and Social Club No change NFG

Proposal for consultation: Merge NFD and NFF polling districts and designate Oakwood Avenue Primary School as the polling place. Merge NFG and NFH polling districts and designate Irish Club, Orford Lane as the polling place. Summary of representations received: None. Summary of (Acting) Returning Officer’s representations: This ward contains many polling districts with small electorates. Whilst recognising the importance of providing a number of polling places to encourage turnout, I feel these proposals will satisfy the needs of the majority of the electorate. The electors in NFG will access their properties through Orford Lane which is close to the Irish Club. NFF polling district lost its previous polling place (St John’s Mission) for the May 2011 elections and is no longer available. At short notice, St Oswald’s Parish Club was designated as the polling place, but it is situated in a different borough ward. To correct this, the proposed polling place is the only suitable available polling place within the area, despite being in a different polling district. Recommendation: • Merge NFD and NFF polling districts. Designate Oakwood Avenue Primary School as the polling place. • Merge NFG and NGH polling districts. Designate Irish Club, Orford Lane as the polling place.

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ORFORD WARD

Postal Station Existing Electorate New PD Voters Turnout Existing Polling Place Recommendation PD Ref Sept 2011 Ref Sept 2011 May 2011 NPA 1727 211 20% Longford Neighbourhood Services Centre No change NPA NPB 970 138 30% Orford Community Hub Tetley Walker Club NPB NPC 1243 109 24% St Ann’s Church No change NPC NPD 1088 125 18% St Benedicts Social Centre No change NPD NPE 1085 229 23% Orford Community Hub No change NPE NPF 1841 290 23% Orford Branch Library Orford Community Hub NPF

Proposal for consultation: Designate Tetley Walker Club as the polling place for NPB and Orford Community Hub as polling place for NPF. Summary of representations received: Warrington Disability Partnership reports that the Tetley Walker Club is a suitable facility which benefits with a large car park and is recommended. However signage will be needed to identify the entrance for those will mobility needs. Summary of (Acting) Returning Officer’s representations: St Margaret’s Primary School has historically been the polling place to facilitate voters in the NPB polling district, however the school has undergone some building work that is still in progress. A definitive date cannot be provided and to avoid any risks we propose to use the Tetley Walker Club. This is a good facility and is known to the electors in the area. NPF - Following the closure of Orford Library it has been required to find an alternative polling place. There are no suitable premises in this polling district which has resulted with the proposal to locate the polling place in a different district. However this will be reviewed following completion of Orford Park which may provide us with better options to facilitate these voters. Recommendation: • Designate Tetley Walker Club as polling place for NPB. • Designate Orford Community Hub as polling place for NPF.

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POPLARS AND HULME WARD

Postal Station Existing Electorate New Voters Turnout Existing Polling Place Recommendation PD Ref Sept 2011 PD Ref Sept 2011 May 2011 NRA 1900 270 25% Local Housing Office, Cotswold Road No change NRA NRB 1414 150 20% St Andrew’s Church Hall No change NRB NRC 1426 179 21% Radley Common Community Centre No change NRC NRD 1006 169 20% Orford Youth Base No change NRD NRE 1089 161 21% The Greenwood Centre No change NRE NRG 760 134 32% Cinnamon Brow Community Centre Cinnamon Brow CE Primary School NRF NRH 92 24 * Local Housing Office, Cotswold Road No change NRG * combined with NRA – no individual figures available

Proposal for consultation: Designate Cinnamon Brow Primary School as polling place for NRG polling district. Summary of representations received: Ward Councillors have requested a mobile unit to be designated as a polling place for NRG polling district. Warrington Disability Partnership have accessed Cinnamon Brow Primary School as suitable however a temporary ramp will be required. Summary of (Acting) Returning Officer’s representations: Polling staff at Cinnamon Brow Community Centre had some concerns at the May 2011 elections regarding the heating and poor facilities at this premise. Following these concerns it is my proposal to use the nearby school as the polling place. The school provides adequate parking and will not cause a significant travelling distance for these electors. Regarding the representations from the Ward Councillors, I am not in agreement to provide a mobile unit as they provide poor facilities and should only be used as a temporary measure if there is no alternative building available. A visit has been made to the Mill House Pub but has been assessed as not suitable. Recommendation: • Designate Cinnamon Brow Primary School as polling place for NRG polling district.

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POULTON NORTH WARD

Station Postal Existing Electorate Turnout New PD Voters Existing Polling Place Recommendation PD Ref Sept 2011 May Ref Sept 2011 2011 NSA 2627 439 35% Cinnamon Brow Community Centre Cinnamon Brow CE Primary School NSA NSB 2807 385 34% Fearnhead Cross Youth Centre No change NSB NSC 828 82 20% Brook Acre Primary School No change NSC NSD 823 143 21% St Bridget’s R C Primary School No change NSD NSE 1101 190 34% Padgate Youth and Community Centre New Horizons NSE

Proposal for consultation: Designate Cinnamon Brow Primary School as polling place for NSA polling district. Designate New Horizons as polling place for NSE polling district. Summary of representations received: Poulton with Fearnhead Parish Council in support of the proposals. Warrington Disability Partnership have accessed Cinnamon Brow Primary School as suitable however a temporary ramp will be required. Summary of (Acting) Returning Officer’s representations: Polling staff at Cinnamon Brow Community Centre had some concerns at the May 2011 elections regarding the heating and poor facilities at this premise. Following these concerns it is my proposal to use the nearby school as the polling place. The school provides adequate parking and will not cause a significant travelling distance for these electors. Historically Longbarn Primary School was the polling place for NSE up until its closure with Padgate Youth and Community Centre replaced as the polling place. As the former polling place is to re-open as New Horizons it makes sense to re-instate this as the polling place. Recommendation: • Designate Cinnamon Brow Primary School as polling place for NSA polling district. • Designate New Horizons as polling place for NSE polling district. Agenda Item 13 APPENDIX 1

POULTON SOUTH WARD

Postal Station Existing Electorate New Voters Turnout Existing Polling Place Recommendation PD Ref Sept 2011 PD Ref Sept 2011 May 2011 NTA 635 116 30% Padgate Youth and Community Centre Boundary line amendment NTA NTB 2290 386 35% Bruche Community Primary School No change NTB NTC 1863 285 37% St Oswald’s Catholic Primary School No change NTC NTD 521 76 32% Alford Sports and Social Club No change NTD

Proposal for consultation: Re-drawing of NTA polling district boundary line. Summary of representations received: Poulton with Fearnhead Parish Council in support of the proposal. Summary of (Acting) Returning Officer’s representations: I propose to amend the boundary line to increase the electorate level for NTA and reduce the electorate for NTB. The following streets will now be allocated to NTA – Whitchurch Close, Westbury Close, Ludlow Close and Wenlock Close. This will give an estimated electorate for NTA as 1,020. Recommendation: • The existing boundary line for NTA is amended by moving south from the railway line to the back of Elizabeth Drive.

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RIXTON AND WOOLSTON WARD

Postal Station Existing Electorate New PD Voters Turnout Existing Polling Place Recommendation PD Ref Sept 2011 Ref Sept 2011 May 2011 NUA 1120 179 33% Rixton with Glazebrook Community Hall No change NUA NUB 490 94 31% Glazebrook Methodist Church Hall No change NUB NUC 2858 432 30% St Martins Methodist Church No change NUC NUD 915 96 30% Mobile Unit - Runnymede No change NUD NUE 2123 341 33% Woolston Community Primary School No change NUE

Proposal for consultation: No changes to existing arrangements. Summary of representations received: Ward Councillors, Woolston Parish Council and Rixton and Glazebrook Parish Council in support of continuing with existing arrangements. Summary of (Acting) Returning Officer’s representations: The existing arrangements work well however at the start of the review I recommended the mobile unit on Runnymede be reviewed. Again as in previous years, a suitable location is not available within the polling district and other alternatives have been looked into but these are across Manchester Road which the Ward Councillors are not in support of changing. Recommendation: • No change to existing arrangements.

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WESTBROOK WARD

Postal Station Existing Electorate New PD Voters Turnout Existing Polling Place Recommendation PD Ref Sept 2011 Ref Sept 2011 May 2011 NWA 1942 320 30% Callands Community Centre No change NWA NWB 3200 653 34% Choices Youth Centre Callands Community Centre NWB - - - - - Kingswood Community Centre NWC

Proposal for consultation: The creation of a new polling district (NWC) following the split of NWB. NWB will be separated by following Cromwell Avenue in a south direction to meet Westbrook Crescent. The polling place for NWC will be Kingswood Community Centre and for NWB it will be Callands Community Centre. Summary of representations received: A Parish Councillor has commented on the use of Kingswood Community Centre as not best fit to accommodate these electors. Suggestion of locating to a place in Westbrook Centre. Warrington Disability Partnership have assessed Kingswood Community Centre as a good facility and recommend. Summary of (Acting) Returning Officer’s representations: I propose this newly created polling district to reduce the electorate for NWB which is too high. It also provides the electorate of NWB with a polling place closer to them. Choices Youth Centre is no longer available and the proposal offers suitable facilities for two distinct communities. The estimated electorate for NWC will be 1405. Recommendation: • Create a new polling district (NWC) by splitting NWB with Cromwell Avenue as the boundary divider. • Designate Kingswood Community Centre as polling place for NWC polling district. • Designate Callands Community Centre as polling place for NWB polling district.

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Warrington South Parliamentary Constituency

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APPLETON WARD

Postal Station Existing Electorate New PD Voters Turnout Existing Polling Place Recommendation PD Ref Sept 2011 Ref Sept 2011 May 2011 SAA 1370 375 42% Bridgewater High (Upper School) No change SAA SAB 2576 562 35% The Cobbs Infant School The Cygnets Children’s Centre SAB SAC 1042 191 45% Appleton Thorn Village Hall No change SAC SAD 2912 683 50% Appleton Parish Hall No change SAD SAE 554 154 * Appleton Parish Hall No change SAE * combined with SAD – no individual figures available

Proposal for consultation: Designate The Cygnets Children’s Centre as polling place for SAA polling district. This is the same site as The Cobbs Infant School however a better suited place than the existing. Summary of representations received: Appleton Parish Council in support of continuing with existing arrangements. Warrington Disability Partnership has assessed the building as good and is recommended for use. Summary of (Acting) Returning Officer’s representations: The existing arrangements work well in facilitating voters in this ward and I have not received any comments to suggest otherwise. Recommendation: • Designate The Cygnets Children’s Centre as polling place for SAA polling district.

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BEWSEY AND WHITECROSS WARD

Postal Station Existing Electorate New PD Voters Turnout Existing Polling Place Recommendation PD Ref Sept 2011 Ref Sept 2011 May 2011 SBA 1389 254 20% Bewsey Park Community Centre No change SBA SBB 829 139 18% Longshaw Street Community Centre No change SBB SBC 1131 170 22% Dallam Community House No change SBC SBD 497 69 20% Warrington Day Centre Project No change SBD SBE 595 87 16% St Alban’s RC Primary School No change SBE SBF 570 73 19% Warrington St Barnabas’ CE Primary School No change SBF SBG 766 129 20% Pyramid No change SBG SBH 1556 259 24% Evelyn Street Primary School No change SBH SBJ 1187 192 27% Whitecross Community Centre No change SBJ

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GRAPPENHALL AND THELWALL WARD

Postal Station Existing Electorate New PD Voters Turnout Existing Polling Place Recommendation PD Ref Sept 2011 Ref Sept 2011 May 2011 SGA 1989 402 41% Grappenhall Ex-Servicemans Club Grappenhall Library* SGA SGB 1100 242 31% Bradshaw Community Primary School No change SGB SGC 1495 268 31% Quays Community Centre No change SGC SGE 1040 206 45% The Large Room, St Wilfrid’s Church No change SGD SGF 278 93 45% The Large Room, St Wilfrid’s Church No change SGE SGG 1429 298 44% Thelwall Community Junior School No change SGF SGH 529 111 28% Children’s Centre, Stansfield Drive No change SGG * new name not known yet

Proposal for consultation: Designate Grappenhall Library as polling place for SGA polling district. Summary of representations received: None. Summary of (Acting) Returning Officer’s representations: The existing arrangements work well in facilitating voters in this ward and I have not received any comments to suggest otherwise. Historically Grappenhall Library had previously been the polling place for SGA but was closed and an alternative was sought. As the Library has now transferred to the community it is now available and I am in support of relocating back to here. Recommendation: • Designate Grappenhall Library as polling place for SGA polling district.

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GREAT SANKEY NORTH WARD

Postal Station Existing Electorate New PD Voters Turnout Existing Polling Place Recommendation PD Ref Sept 2011 Ref Sept 2011 May 2011 SHA 2693 516 37% Barrow Hall Community Primary School No change SHA SHB 2386 415 34% Park Road CP School No change SHB

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GREAT SANKEY SOUTH WARD

Postal Station Existing Electorate New PD Voters Turnout Existing Polling Place Recommendation PD Ref Sept 2011 Ref Sept 2011 May 2011 SJA 1941 360 29% Hood Manor Community Centre No change SJA SJB 1082 183 30% David Lloyd Tennis Centre No change SJB SJC 2027 411 27% Great Sankey CP School Kings Community Centre* SJC SJD 2334 347 33% Sycamore Lane Primary School No change SJD SJE 938 186 38% Great Sankey CP School No change SJE * formally known as Great Sankey Library

Proposal for consultation: Designate Kings Community Centre (previously Great Sankey Library) as polling place for SJC polling district. Summary of representations received: None. Summary of (Acting) Returning Officer’s representations: The existing arrangements work well in facilitating voters in this ward and I have not received any comments to suggest otherwise. Historically Great Sankey Library had previously been the polling place for SJC but was closed and an alternative was sought. As the Library has now transferred to the community it is now available and I am in support of relocating back to here. Recommendation: • Designate Great Sankey Library as polling place for SJC polling district.

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HATTON STRETTON AND WALTON WARD

Postal Station Existing Electorate New PD Voters Turnout Existing Polling Place Recommendation PD Ref Sept 2011 Ref Sept 2011 May 2011 SKA 271 93 42% Hatton Arms No change SKA SKB 917 182 36% St Matthew’s Church Hall No change SKB SKC 620 99 * Stockton Heath Primary School No change SKC SKD 400 108 * Stockton Heath Primary School No change SKD SKE 310 69 38% Parish Room, Old Chester Road No change SKE * combined with SVA – no individual figures available

Proposal for consultation: No changes to existing arrangements. Summary of representations received: Councillor Paul Kennedy in support of continuing with existing arrangements and suggested possible locations for alternative polling place. Summary of (Acting) Returning Officer’s representations: Enquiries and visits to other premises including Councillor Kennedy’s suggestions were unsuccessful therefore I see no other option than to remain with the current arrangements. It might be required that Stockton Heath Primary School close if all three parish wards are contested alongside the two borough wards in order to avoid confusion in the polling place in May 2012. A larger room would be required. Recommendation: • No changes to existing arrangements.

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LATCHFORD EAST WARD

Postal Station Existing Electorate New PD Voters Turnout Existing Polling Place Recommendation PD Ref Sept 2011 Ref Sept 2011 May 2011 SLA 888 136 26% Latchford Methodist Church Hall No change SLA SLB 2978 429 25% St Margaret’s Community Centre No change SLB SLC 1156 152 25% Westy Community Centre No change SLC SLD 1094 161 34% Guide Headquarters, Loushers Lane No change SLD

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LATCHFORD WEST WARD

Postal Existing Electorate Turnout New PD Voters Existing Polling Place Recommendation PD Ref Sept 2011 May 2011 Ref Sept 2011 SMA 2084 332 33% St Hilda’s Mission No change SMA SMB 764 119 29% St John’s Church Hall No change SMB SMC 2653 548 32% Personal Development Centre Personal Development Centre/ SMC St Werburgh’s

Proposal for consultation: No changes to existing arrangements. Summary of representations received: Councillor Maureen McLaughlin in support of continuing with existing arrangements. Summary of (Acting) Returning Officer’s representations: The existing arrangements work well in facilitating voters in this ward and I have not received any comments to suggest otherwise. The Personal Development Centre is due to close but no date has been set. When the centre does close it is my intention to relocate the polling place to St Werburgh’s which is located nearby to the centre. Recommendation: • No changes to existing arrangements.

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LYMM WARD

Postal Station Existing Electorate New PD Voters Turnout Existing Polling Place Recommendation PD Ref Sept 2011 Ref Sept 2011 May 2011 SNA 2400 491 31% Cherry Tree Primary School No change SNA SNB 3143 709 28% Oughtrington Community Primary School No change SNB SNC 1049 216 36% St Mary’s Church Hall Boundary line amendment SNC SND 1582 379 50% Village Hall, Pepper Street Boundary line amendment SND SNE 1562 293 30% Statham Community Primary School No change SNE

Proposal for consultation: The boundary line for SNC is amended by moving in a north westerly direction to the back of Grammar School Road. This will incorporate all of the new estate off Longbutt Lane to vote at one polling place as to being split between SNC and SND currently. Summary of representations received: A representation was received from William N Woodyatt requesting that the above is considered. Summary of (Acting) Returning Officer’s representations: The current polling district boundary line sits in the middle of the newly developed housing estate which results in electors voting at two separate polling places. I support the representation received to re-draw the boundary line. SNC will now incorporate from SND Grammar School Road, Newarth Drive, Longbutt Lane, Wellcroft Gardens, White Clover Square and Woodland Avenue. The estimated electorate for SNC will now be 1,390 and these will vote at St Mary’s Church Hall. Recommendation: • Amend the polling district boundary line as detailed above for SNC and SND. Refer to map for further clarification.

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PENKETH AND CUERDLEY WARD

Postal Station Existing Electorate New PD Voters Turnout Existing Polling Place Recommendation PD Ref Sept 2011 Ref Sept 2011 May 2011 SQA 76 10 27% Mobile Unit – Cuerdley Green Merge with SQB SQA SQB 16 8 * Penketh South Primary School Merge with SQA - SQC 1277 282 39% Penketh High School No change SQB SQD 1464 275 40% Wynsor’s World of Shoes No change SQC SQE 1229 229 39% St Joseph’s Church Hall No change SQD SQF 1962 422 35% Penketh South Primary School No change SQE SQG 919 188 41% Community Centre and Pool No change SQF * combined with SQF – no individual figures available

Proposal for consultation: SQA and SQB polling districts to merge and form one polling district and Penketh South Primary School designated as the polling place. Summary of representations received: Cuerdley Parish Council request that the mobile unit at Cuerdley Green remains as the residents are over 60. Councillor Linda Dirir (Ward Councillor) raised concerns on promotional activity carried out on polling day by Wynsor’s World of Shoes. Summary of (Acting) Returning Officer’s representations: I note the representation received from Cuerdley Parish Council however I propose the merger of these two polling districts on the basis they are too small to continue the expensive option of a mobile unit. Given the financial pressures (the cost of facilitating a mobile unit for 66 electors in May 2011 was £835 (which equates to £49 per elector) and the poor facilities a mobile unit provides for both polling staff and electors, I feel this is the best option. Should these proposals be approved by Full Council, the ARO will work with the Electoral Registration Officer to identify and write to all affected electors with a view to offer them a postal vote as an alternative if these negatively affect their access to vote prior to the May 2012 elections. Recommendation: • Merge SQA and SQB polling districts and designate Penketh South Primary School as the polling place for SQA. Agenda Item 13 APPENDIX 1

STOCKTON HEATH WARD

Postal Station Existing Electorate New PD Voters Turnout Existing Polling Place Recommendation PD Ref Sept 2011 Ref Sept 2011 May 2011 SVA 1012 202 27% Stockton Heath Primary School No change SVA SVB 1435 304 39% Stockton Heath Methodist Church No change SVB SVC 1453 288 40% Grappenhall Independent Methodist Church No change SVC SVD 1177 232 43% Stockton Heath Scout Centre No change SVD

Proposal for consultation: No changes to existing arrangements. Summary of representations received: Stockton Heath Parish Council in support of continuing with existing arrangements. Summary of (Acting) Returning Officer’s representations: The existing arrangements work well in facilitating voters in this ward and I have not received any comments to suggest otherwise. Should all three parish wards be contested in the May 2012 elections (Stockton Heath Primary School is polling place for two polling districts in Hatton, Stretton and Walton ward) then it may be required that the school close on polling day. Recommendation: • No changes to existing arrangements.

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WHITTLE HALL WARD

Postal Existing Electorate Turnout New PD Voters Existing Polling Place Recommendation PD Ref Sept 2011 May 2011 Ref Sept 2011 SXA 1942 314 36% Whittle Hall Community Centre No change SXA SXB 1938 395 31% St Philip’s (Westbrook) CE Primary School No change SXB SXC 3108 745 19% Hood Manor Community Centre Mobile Unit – Chapelford (1) SXC - - - - - Mobile Unit – Chapelford (2) SXD SXD 1402 245 28% Bewsey Barns Community Centre No change SXE SXE 626 82 43% Westbrook Old Hall Primary School No change SXF

Proposal for consultation: SXC – Split the district in two with Burtonwood Road as the boundary division. A newly created polling district to be created with a mobile unit located on both. Existing PD references will be re-allocated (see end column). Summary of representations received: Brian Simpson MEP – in support of a mobile unit being placed on the Chapelford estate. Summary of (Acting) Returning Officer’s representations: Although not preferred, I propose the option of using mobile units on the Chapelford estate as the only solution to accommodate the large electorate currently have to travel a significant distance to Hood Manor Community Centre (which can be clearly seen by the low station turnout and a high number of postal votes). I propose to split the district on the basis that the current electorate is too high and will increase over the next few years, alongside the issue that a mobile unit cannot accommodate more than 1,000 electors. This will allow a mobile unit on two areas on Chapelford (sites will be determined nearer the time) .The estimated electorate for SXC (1) is 1397 and SXC (2) is 1711 giving a good balance. This proposal is a temporary arrangement only until the school or other premises are constructed for 2013. Recommendation: • Split SXC polling district to create two polling districts and designate a mobile unit for each polling district. Polling district references will be re-allocated (see end column). Item 13

WARRINGTON BOROUGH COUNCIL FULL COUNCIL – 12 December 2011

Report of the: Chief Finance Officer Report Author: Danny Mather, Corporate Finance Manager Contact Details: Email Address: Telephone: [email protected] 01925 442344 Ward Members: All

TITLE OF REPORT: 2011/12 MID YEAR TREASURY REVIEW

1. PURPOSE OF THE REPORT

2. BACKGROUND

2.1 This mid year report has been prepared in compliance with CIPFA’s Code of Practice, and covers the following:

• An economic update for the first six months of 2011/12

• A review of the Treasury Management Strategy Statement and Annual Investment Strategy

• A review of the Council’s investment portfolio for 2011/12

• A review of the Council’s borrowing strategy for 2011/12

• A review of any debt rescheduling undertaken during 2011/12

• A review of compliance with Treasury and Prudential Limits for 2011/12 Item 13

3. ECONOMIC UPDATE

Forecast for the next six months of 2011/12

3.6 There remain huge uncertainties in economic forecasts due to the following major difficulties:

3.7 The overall balance of risks is weighted to the downside:

3.8 Sector’s (Treasury Advisors to the Council) interest rate forecasts are given in the table below:

Sector’s interest rate forecast

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4. TREASURY MANAGEMENT STRATEGY STATEMENT AND ANNUAL INVESTMENT STRATEGY UPDATE

• Liquidity

5. INVESTMENT PORTFOLIO 2011/12

5.2 The average rate of interest earned on Council investments for the first six months of the year is 1.40% against an industry benchmark of 1.24%.

The table below shows the breakdown of the investments compared to Sector’s benchmark, by length of investment.

Council Benchmark Benchmark Return Performance 7 day 0.47% 0.83% 3 month 0.74% 1.32% 6 month 1.02% 0.93% 12 month 1.50% 2.95%

The table below shows the breakdown of the investments compared to CIPFA’s benchmark, by type of investment.

5.3 A full list of investments held as at 30th September 2011 is given below:

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6. BORROWING

The current portfolio of PWLB Loans and Market Loans are shown below.

7. DEBT RESCHEDULING

Indicators (affordability limits) are outlined in the approved Treasury Management Strategy Statement.

Prudential & Treasury Indicators as at 30th September 2011

10. CONFIDENTIAL OR EXEMPT 10.1 Not confidential.

11. FINANCIAL CONSIDERATIONS N/A

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14. CONSULTATION N/A

16. REASONS FOR RECOMMENDATIONS 16.1 To ensure the Council compiles with the 2009 revised CIPFA Treasury Management Code of Practice.

17. RECOMMENDATIONS 17.1 That Council note the report.

18. BACKGROUND PAPERS • Treasury working papers Contacts for Background Papers:

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PWLB Loans Start Date Mat Date Int Rate Principal 25/09/97 23/03/23 6.625 277,737 22/02/07 30/09/56 4.350 222,189 13/01/10 13/01/14 2.680 305,510 13/01/10 13/01/15 3.120 266,627 15/01/10 15/01/35 4.530 438,824 13/08/10 13/08/35 3.940 54,196 22/10/10 22/10/15 1.870 111,095 26/11/10 30/09/55 5.260 555,473 20/06/11 20/06/16 3.020 2,000,000 Total O/S 4,231,650

LOCAL AUTHORITY MORTGAGE SCHEME (LAMS)

Appendix 2 GLOSSARY OF TERMS

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WARRINGTON BOROUGH COUNCIL

COUNCIL – 12 DECEMBER 2011

Chief Executive Diana Terris Report Author: Alison McCormick – Electoral Services Manager Contact Details: Email Address: Telephone: [email protected] 01925 442041 Ward Members: ALL

TITLE OF REPORT: REVIEW OF POLLING DISTRICTS AND POLLING PLACES

1. PURPOSE

1.1 To advise council members of the outcome of the review of polling districts and polling places in the Borough and to seek approval to the proposals.

2. CONFIDENTIAL OR EXEMPT

2.1 No

3. INTRODUCTION AND BACKGROUND

3.1 Under the Representation of the People Act 1983, the Council has a duty to divide the Borough into polling districts and to designate a polling place in each district. It is required to keep these arrangements under review.

3.2 Section 16 of the Electoral Administration Act 2006 introduced a duty for all parliamentary polling districts and polling places to be reviewed every four years. Warrington last conducted a review in 2009. A full review has been undertaken this year so the Council falls in line with other authorities who would have undertaken these reviews in 2007 following introduction of the Act.

3.3 The Council may undertake reviews of all or some of the polling districts at any time but must still undertake a full review with four years. An interim review took place in 2010 following the May elections as a number of problems at existing polling places in some areas had been identified.

3.4 This report and the appendices set out the Council’s proposals for changes to polling districts and polling places.

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4. TERMINOLOGY USED IN THE REPORT

4.1 Polling district: the area created by the division of a constituency, ward or European Parliamentary electoral region into smaller parts, within which a polling place can be determined, which is convenient to electors. The designation of polling districts is the responsibility of the Council.

4.2 Polling place: the geographical area in which polling stations will be designated by the Returning Officer. The designation of polling places is the responsibility of the Council.

4.3 Polling station: the actual area where the poll takes place and which must be located within the polling place. Polling stations are designated by the Returning Officer (not a Council function) and publicised in the Notice of Situation of Polling Stations and communicated to electors via their poll card. The Returning Officer will provide a sufficient number of polling stations in such a manner as they think are the most appropriate

5.0 DESIGNATION OF POLLING DISTRICTS AND POLLING PLACES

5.1 In conducting a statutory review the Council must, when designating polling districts, seek to ensure that all electors have such reasonable facilities for voting as are practicable in the circumstances.

5.2 In designating polling places it must:

• seek to ensure that all electors have such reasonable facilities for voting as are practicable in the circumstances; • have regard to the accessibility of disabled persons to potential polling stations in the polling place; and • other than in special circumstances, locate the polling place in the polling district it serves.

5.2 It is sometimes not possible to designate a polling place that is conveniently located for electors in the polling district as there may be little choice of suitable premises available. When reviewing polling places, the following criterion are accessed and are used to gauge the suitability of a potential polling place:

• location; • facilities (for both electors and polling staff); • accessibility; and • health and safety.

5.3 In certain circumstances it has not been possible to identify polling places that meet these criterions exactly. In such cases, the Returning Officer will identify

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reasonable adjustments that will be undertaken, such as providing a temporary ramp where there is a raised surface.

5.4 Where it is not possible to locate a suitable venue in the polling district, venues just outside of the polling district have been identified. The Council, as a rule, does not support the continued use of mobile units unless there is no practical alternative. There are greater risks with mobile units as they are less accessible due to their size and design, as well as expensive (an average cost of a mobile unit is £800). Not withstanding, in certain circumstances it has been proposed to designate additional mobile units to accommodate electors, notably in the Whittle Hall ward.

5.4 Electoral Services staff undertook site visits to assess suggested alternative polling places and proposed polling places. Warrington Disability Partnership have also assessed new polling places on their accessibility for people with a disability.

6.0 PROPOSAL DETAILS

6.1 The Schedule attached includes the final proposals for changes to polling districts and polling places following close of the consultation period and a review of representations received.

6.2 A cross-party working group of council members was established to work with the (Acting) Returning Officer in establishing proposals.

6.3 Statistical information was collated about electorates, postal voters and turnout at the May 2011 elections. Other matters taken into account include:

• anticipated changes in the size of the electorate as a result of housing developments; • the comments of polling staff on the condition and accessibility of polling stations; • comments and complaints received from the public and elected representatives; and • the availability of buildings for hire.

6.4 Maps of the affected polling districts and polling places are included in the Schedule.

6.5 The new electoral register containing any revised polling districts will be published on 3rd January 2012. This will be reindexed to reflect the changes (refer to column on Schedule). New polling districts and polling places will become effective at all elections held after this date.

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7. FINANCIAL CONSIDERATIONS

7.1 Costs will be met from existing council budgets and set aside to meet the Council’s responsibility for electoral administration. For UK parliamentary and European parliamentary elections the Returning Officer’s responsibilities will be met from the dedicated budget provided by the Government, for all other elections the local authority meets these costs.

8. RISK ASSESSMENT

8.1 Implementing the recommendations of the report will mitigate the risk that places used for polling will not be available, suitable or accessible for electors.

9. EQUALITY AND DIVERSITY / EQUALITY IMPACT ASSESSMENT

9.1 The Council’s current policies on equality and diversity are in line with Electoral Commission guidance. The report recommendations must balance a range of issues to determine such “reasonable facilities for voting as practicable in the circumstances and that any polling places are reasonably accessible, particularly by disabled electors”. The final selection of polling places has taken account of the Equality Impact Assessment in that all polling stations meet the DDA requirements regarding accessibility. Where buildings did not have permanent disabled access facilities temporary ramps will be provided. Where an elector is unable to attend the polling station, postal votes are available for any reason and this allows an elector to vote at their convenience.

10. CONSULTATION

10.1 During the review, any elector in a constituency located in wholly or partly the Council’s area may make representations. Elected representatives and political parties are entitled to make representations. By law, representations must be sought from such persons as the Council considers having particular expertise in relation to access to premises or facilities for persons who have different forms of disability.

10.2 The Council published a notice of the review in the Warrington Guardian, on the Council’s website and posted at the Town Hall and Contact Warrington.

10.3 The consultation process was divided into two parts. Firstly, following publication of the notice of review on Friday 29th July, a month’s consultation began. The (Acting) Returning Officer sought comments from key stakeholders including the public and elected representatives alongside disability groups on the existing polling arrangements. The second part was the publication of the draft proposals for consultation which was undertaken between 26th September and 11th November.

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10.4 Copies of the draft proposals were published on the Council’s website, available to be viewed at the Town Hall, Contact Warrington and at libraries. Copies were also sent to Councillors, MPs, local constituency parties, MEPs, Parish Clerks and community groups.

10.5 The (Acting) Returning Officer was invited to make representations on the Council’s proposals.

11.0 RESULTS OF THE CONSULTATION

11.1 Representations received are summarised in the Schedule alongside representations from the (Acting) Returning Officer. All representations were taken into account and any suggestions were followed up by Electoral Services.

11.2 Representations received were mainly from council members with very little from electors. However there was some resistance to initial proposals notably in Birchwood. There was strong support from electors to remain with the existing arrangements in Birchwood following the publication of the draft proposals.

11.3 There was a request from the ward members of Poplars and Hulme to accommodate NRG polling district with a mobile unit. The (Acting) Returning Officer and the Council does not feel it is appropriate to provide another mobile unit, as the existing arrangements have been in place for a number of years and no adverse comments had been received from electors. Given the intention to reduce the number of mobile units wherever possible, the recommendation is to not use a mobile unit as this polling place.

11.4 Proposals have been made to merge existing polling districts in Fairfield and Howley and Penketh and Cuerdley resulting in all electors in these combined areas to be directed to one polling place. There were no responses to the proposal in Fairfield and Howley however there was a representation from Cuerdley Parish Council on the proposal to remove the mobile unit as the polling place for electors in SQA polling district. This representation has been taken into account however given the small electorate the Council does not support to continue with the existing arrangement due to the cost and poor facilities provided. At the May 2011 elections the cost per elector to accommodate this was £49. It is recognised that this may cause inconvenience for some electors however all will be offered the option to apply to vote by post.

11.5 An exception to the above is for the ward of Whittle Hall. The growth of the Chapelford housing development has led to repeated requests for more accessible polling places. For a number of years the existing arrangement has been to allocate these electors to a polling place outside of the polling district as there are no suitable premises. It is proposed, as a temporary measure, to split the current SXC polling district into two and designate a mobile unit for each. This

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is proposed as a temporary measure for 2012 only as this will be reviewed following completion of community buildings on the housing development which is to be expected by the end of 2012.

11.6 There are two proposals to amend the existing polling district boundaries for NTA (Poulton South) and SNC/SND (Lymm) to provide an equal distribution of electors and to enable the polling place to be central in the respective polling districts. Both proposals have received representations in support.

11.7 It is proposed in Westbrook to create a new polling district to establish more equitable sized polling districts in the ward as currently for NWB polling district the electorate stands at 3,200. This new polling district will subsequently have a new polling place. A representation was received against the proposed polling place due to its location not in or near Westbrook Centre. It is desirable to designate a polling place centrally within a polling district, however when there are no suitable venues available alternative venues are designated. In this case, Kingswood Community Centre is located centrally in a large housing estate and has been assessed as a good venue.

12.0 FUTURE ISSUES

12.1 It could be that the Returning Officer will be faced with the possibility of a polling place no longer being available for a particular election. This is provided for in the legislation and does not require specific resolution of the Council. However contingency plans are put together to deal with this situation.

13.0 REASONS FOR RECOMMENDATION

13.1 To enable the Council and the (Acting) Returning Officer to provide reasonable and accessible facilities for electors at elections in the Borough.

14.0 RECOMMENDATION

That the Council

14.1 Approve the recommendations to polling districts and polling places as outlined in the Schedule to the report.

14.2 Authorise delegated authority to the Chief Executive to make, in exceptional circumstances between reviews, alterations to the designation of polling places in consultation with group leaders.

14.3 Request the Electoral Registration Officer to make the necessary alterations to the electoral register, including the amendments to polling district references, when the revised Register of Electors is published on 3rd January 2012.

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15.0 BACKGROUND PAPERS • Representation of the People Act 1983 (as amended) • The Review of Polling Districts and Polling Places (Parliamentary Elections) Regulations 2006 • Schedule summarising the proposal, representations and recommendations in respect of each polling district and polling place. • Representations received by the Council and the Returning Officer in connection with the review. • Accessibility Audit by Warrington Disability of proposed new polling places. • Electoral Commission Circular EC19/2010 • Polling Place Assessment Criteria • Equality Impact Assessment Contacts for Background Papers:

Name E-mail Telephone Alison McCormick [email protected] 01925 442041

14. Clearance Details Name Consulted Date Yes No Approved Relevant Executive Board Member  SMB  Relevant Executive Director Katherine Fairclough  16/11/2011 Solicitor to the Council Tim Date  14/11/2011 S151 Officer Lynton Green  17/11/2011 Relevant Assistant Director Tim Date  14/11/2011

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Polling Districts and Polling Places Review 2011

Schedule of Proposals, Representations and Recommendations

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Warrington North Parliamentary Constituency

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BIRCHWOOD WARD

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BURTONWOOD AND WINWICK WARD

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CULCHETH GLAZEBURY AND CROFT WARD

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FAIRFIELD AND HOWLEY WARD

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ORFORD WARD

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POPLARS AND HULME WARD

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POULTON NORTH WARD

POULTON SOUTH WARD

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RIXTON AND WOOLSTON WARD

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WESTBROOK WARD

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Warrington South Parliamentary Constituency

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APPLETON WARD

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BEWSEY AND WHITECROSS WARD

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GRAPPENHALL AND THELWALL WARD

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GREAT SANKEY NORTH WARD

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GREAT SANKEY SOUTH WARD

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HATTON STRETTON AND WALTON WARD

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LATCHFORD EAST WARD

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LATCHFORD WEST WARD

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LYMM WARD

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PENKETH AND CUERDLEY WARD

STOCKTON HEATH WARD

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WHITTLE HALL WARD