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Item No. 5
* The Hop Farm, Beltring – Transfer of Regulatory Functions
To : General Purposes Committee
14 January 2009
Main Portfolio Area : Environment and Street Scene
Author of report : Gary Stevenson, Head of Environment and Street Scene
Classification : Non-Exempt
Ward : Capel
Executive Summary
The report (090114/GP001) considers the transfer of a range of regulatory functions to Tonbridge and Malling Borough Council to ensure a coordinated approach to enforcement at the Hop Farm site at Beltring, which is situated in 3 borough council areas.
Corporate Priorities
The report supports the Council’s Customer Service Commitments to deliver high quality services to our customers and to ensure that we are well-managed, proactive and deliver value-for-money services.
Report status
For approval.
Route to Implementation/Timetable:
It is recommended that the proposal be considered by Full Council and that the Director of Change and Business Support and the Head of Environment and Street Scene be granted delegated authority to finalise the agreement on behalf of the Council.
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Report of Head of Environment and Street Scene Continued
Background/Introduction
1. The Council has a statutory duty to enforce a range of regulatory functions at the Hop Farm, Beltring. Those functions relevant to this report relate to:
Health and Safety at Work Food Safety Pest Control Sunday Trading
2. Whilst the Hop Farm site is predominately within the area of Tonbridge and Malling Borough Council, there are parts which fall within both Tunbridge Wells Borough Council and Maidstone Borough Council boundaries – mainly areas used for ancillary functions to the main activity of the Hop Farm, for example, car parking. It is important that the public safety regulatory activities, previously identified, are coordinated by one authority at this venue that attracts many visitors.
3. The Local Government Acts 1972 and 2000, together with associated regulations, provide for a council to exercise delegated functions on behalf of other councils. Discussions with neighbouring councils have resulted in a provisional agreement that would permit Tonbridge and Malling Borough Council to exercise delegated functions on their behalf in respect of the Hop Farm site.
4. A draft agreement has been produced and is being considered by each council. A copy of the draft agreement can be found at Appendix 1 together with a map of the site with council boundaries marked.
Cross cutting issues
Legal
5. Tonbridge and Malling Borough Council will be able to carry out functions on behalf of other authorities once they have been properly delegated by those authorities under S101 of the Local Government Act 1972 and S20 of the Local Government Act 2000 and the Local Authorities (Arrangement for the Discharge of Functions) (England) Regulations 2000.
Finance and other resources, including ICT
6. There will not be any financial implication associated with this arrangement.
Staffing
7. No implications beyond those to complete the agreement.
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Value for money
8. The proposals will improve coordination of activity at no additional cost and will reduce the administrative burden for the site operator.
Risk Management
9. The failure to effectively coordinate enforcement activities could adversely affect public health and safety on this site.
Equalities
10. No implications.
Safer & Stronger Communities
11. No implications.
Environment / Sustainability
12. No implications.
Human Rights Act
13. No implications.
Communication and Consultation
14. The report has been the subject of discussions between the authorities concerned.
Recommendation: That Council be recommended to approve in principle the setting up of an agreement with Tonbridge and Malling Borough Council and Maidstone Borough Council as detailed in this report; and to delegate authority to finalise the agreement on behalf of the Council to the Director of Change and Business Support and Head of Environment and Street Scene.
Reason for recommendation:
The transfer of the regulatory powers for the Hop Farm will provide a more coordinated approach and reduce the administrative burden on the site operator.
Contact Officer: Gary Stevenson, Head of Environment and Street Scene
Gary Stevenson Head of Environment and Street Scene
Appendices: Appendix 1: Draft agreement Site location