Meeting of the Council 11th April, 2016
Minutes of Committees and Sub-Committees
Action Notes of Community Forums
Delegated Decision Sheets Council Meeting – 11th April, 2016 – White Book Period: 8th February to 23rd March, 2016
Community Forums Date Pages
Gornal, Upper Gornal and Woodsetton 14/03/2016 1 - 4
Coseley East and Sedgley 14/03/2016 5 - 8
Netherton, Woodside and St Andrews and 15/03/2016 9 - 12 Quarry Bank and Dudley Wood
Halesowen North and Halesowen South 15/03/2016 13 - 16
Norton, Pedmore and Stourbridge East, Wollaston 16/03/2016 17 - 19 and Stourbridge Town
Castle and Priory, St James’s and St Thomas’s 16/03/2016 20 - 25
Brierley Hill, Brockmoor and Pensnett 16/03/2016 26 - 28
Kingswinford North and Wall Heath, Kingswinford 22/03/2016 29 - 34 South and Wordsley
Belle Vale, Hayley Green and Cradley South 23/03/2016 35 - 38
Amblecote, Cradley and Wollescote, Lye and 23/03/2016 39 - 42 Stourbridge North
Overview and Scrutiny Committees
Health Scrutiny Committee 15/02/2016 43 - 46
Resources and Transformation Scrutiny Committee 07/03/2016 47 - 53
People Services Scrutiny Committee 10/03/2016 54 - 62
Overview and Scrutiny Management Board 01/03/2016 63 - 68
Regulatory, Statutory and Other Committees
Audit and Standards Committee 09/02/2016 69 - 74
Development Control Committee 23/02/2016 75 - 82 17/03/2016 83 - 89
Dudley Health and Wellbeing Board 02/03/2016 90 - 98
Licensing and Safety Committee 15/02/2016 99 - 100
Licensing Sub-Committee 1 08/03/2016 101 - 106
Licensing Sub-Committee 3 22/03/2016 107 - 111
Licensing Sub-Committee 4 23/02/2016 112 - 123
11/02/2016 124 - 128 Taxis Committee 08/03/2016 129 - 135
The Cabinet 10/02/2016 136 - 145 09/03/2016 146 - 149
Delegated Decision Summaries 08/02/2016 - 150 - 157 23/03/2016
Decision sheets, minutes and reports can be viewed online via the Committee Management Information System (CMIS)
Action Notes of the Gornal and Upper Gornal & Woodsetton Community Forum
Monday 14th March, 2016 at 6.30pm
at the Bramford Primary School, Chad Road, Bilston
Present:
Councillor R Scott-Dow (Vice Chair) (In the Chair) Councillor K Casey, A Millward and D Perks
Officers:
A Lunt – Strategic Director Place, S Taylor (Lead Officer) (Head of ICT Services) and K Buckle (Democratic Services Officer).
Together with 20 members of the public
25 Apologies for Absence
Apologies for absence from the meeting were submitted on behalf of Councillors A Aston and D Branwood.
26 Overview of the Combined Authority
A Lunt, Strategic Director Place gave a verbal presentation on the Combined Authority, referring to the four Black Country Partners who were involved together with Birmingham, Solihull and Coventry, outlining the devolution deal and referred to the need to work together to take advantage of devolved powers, in order to make decisions to meet the needs of the residents of the Dudley Borough, in relation to transport, economy and regeneration.
The provision of day to day services that would continue to be provided to local residents of the Dudley Borough by the Council were outlined.
It was noted that in 2017 there would be an election in order to elect a Mayor of the West Midlands Combined Authority, with that Elected Mayor being responsible for taking strategic decisions across the West Midlands Combined Authority in accordance with the Chancellor’s aim to make one person accountable for those decisions.
A Lunt outlined the content of the subsequent ‘Devolution Deal’, including:-
• Transport allocations in order to provide a metro in Brierley Hill which would connect Brierley Hill with Birmingham and provide a link into Dudley in order to enhance possibilities to create high paid jobs. • The availability of a remediation Fund in order to address the issue of contaminated land which prevented economically viable development taking place.
GCF/17
1
• The transfer of Adult Skills Funding to the Combined Authority in order to provide support tailored for the needs of the West Midlands.
A Lunt also referred to pre-existing plans for metro stations in Dudley, Brierley Hill and Merry Hill, outlining the possibility of one station around Cavendish House, Dudley and talks that were taking place with CENTRO in order to redevelop the existing bus station to provide linkages to the new Metro.
Arising from the presentation members of the Public asked questions and raised concerns and A Lunt addressed those concerns providing assurance that the new metro link would be built and outlined contributions to the Combined Authority by each of the seven authorities involved.
A Lunt also addressed issues of cross boundary working in order to provide sufficient land for housing and employment purposes. He advised that as part of the National Planning Policy Framework (NPPF), there was an active duty on Local Planning Authorities to co-operate in order to ensure that between them, they could meet an areas needs. The Black Country were already in a position of having a combined Core Strategy and in future there would be greater collaboration across the seven West Midlands Combined Authority Local Authorities.
It was noted that the three Local Enterprise Partnerships were working closely with Chambers of commerce, Businesses generally and other partners in order to ensure that the needs of big employers were met.
A Lunt provided assurances that although the building that housed the collections at Dudley Museum would not remain open the collections would be relocated and still available to members of the public.
In responding to concerns in relation to the possible closure of the Coseley school, A Lunt referred to the fact that schools were funded ‘per pupil’ and with a falling roll and poor outcomes for children, the roll was projected to fall further resulting in the need to consider the future viability of the school.
In relation to Vale Street, Upper Gornal, A Lunt advised that a scheme would be designed in order to address the safety issues caused by the narrow road and that hopefully the funding available would be sufficient to implement the scheme and once that had been designed those proposals would be consulted upon with local residents.
All those present thanked A Lunt for attending the Forum.
27 Listening to you: Questions and Comments from Local Residents
GCF/18
2
Subject Action
A progress report upon the proposed Councillor A Millward referred to Supermarket development in Gornal ongoing discussions and the Village. requirement to deal with one particular confidential issue in order that the development could proceed.
A query in relation to the proposed 14 new Councillor A Millward advised that car parking spaces in Gornal Village. there would be a consultation with local residents in relation to the proposals.
A suggestion that the available car parking It was noted that the building was to the rear of the former Barclays Bank under private ownership and Building be utilised to alleviate some negotiations would be required parking problems. with the owners.
Concerns in relation to how the education Councillor K Casey referred to the of pupils at Coseley school had been implementation of a new interim allowed to deteriorate. Board and the replacement of the Head Teacher and the fact that the school had been in special measures before. It was noted that a decision had to be taken to hopefully return the school to a decent standard with the Council retaining control over the school rather than Ofsted placing the school into special measures and forcing closure.
A Petition was presented in relation to Referred for a response. parking in the village of Gornal.
A query in relation to changes to traffic light Councillor D Perks referred to the sequences failing to prevent queuing traffic several attempts to prevent in Parkes Hall Road to Eve Lane. queuing traffic by changes to traffic light sequences, however it was accepted that changes to the traffic light sequences may not solve the issue.
28. Working with you: Topics raised by Local Councillors
Councillor D Perks referred to the measures taken in order for the Upper Gornal Vale Street Community Centre to become a Charitable Trust with the three Ward Councillors becoming Members of the Trust.
GCF/19
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29 Community Forum Funding
The Forum considered a report of the Lead Officer.
Application Recommendation
Gornal Community Fun Day Approve - £1,500 – Upper Gornal & Woodsetton Ward.
Oval and Tudor Residents Approve £648 – Upper Gornal & Woodsetton Association . Ward.
30. Dates, Times and Venues of Future Meetings
Future meetings of the Community Forum would be held on the following dates, subject to approval at Council on 19th May, 2016,
• 5th September, 2016 • 31st October, 2016 • 9th January, 2017 • 13th March, 2017
Commencing at 6.30pm at venues to be confirmed.
The meeting ended at 8.05pm.
.
GCF/20
4 Action Notes of the Coseley East/Sedgley Community Forum
Monday 14th March 2016 at 6.30 pm at Christchurch C of E Primary School, Church Road, Coseley
Present:-
Councillor C Baugh (Chair) Councillor M Evans (Vice-Chair) Councillors S Anderton, M Mottram and T Westwood
Officers:-
S Cooper (Lead Officer to the Forum) (Head of Corporate Landlord Services) and M Johal (Democratic Services Officer)
There were sixteen members of the public in attendance at the meeting.
28 Welcome and Introductions
The Chair welcomed everyone to the meeting of the Coseley East/Sedgley Community Forum.
29 Listening to you – Questions and Comments from Local Residents
Subject Response/Action
Several residents referred to the The Chair acknowledged comments closure of the Coseley School and in made and stated that points and doing so made the following questions should be made through the comments:- consultation process.
- Accurate information and up to Concerns raised were noted and Ward date figures were not being used Councillors agreed to arrange a meeting to ascertain facts about the school with parents, the Strategic Director People, other relevant Officers together - Although an assurance had been with the Cabinet Member Children’s given that education standards Services with a view to responding to would be maintained this was not queries. the case and standards had dropped due to classes being consolidated. Pupils were not receiving homework and were being taught by supply teachers. A number of teachers were also leaving the school.
CSCF/16 5 - It had come to light that Dudley College would be intervening earlier than expected and it was considered that closure of the school was a “done deal”.
- There was a lack of communication between the school and parents.
- The process following consultation was queried together with the expected date of when the decision would be announced.
- It was commented that Cabinet Members had given a commitment to visit the school, however this had not as yet happened.
- The announcement on proposals about the closure of the school had impacted on neighbouring schools as they were now full to capacity. Transfers to other schools had also been blocked.
Reference was made to the Noted. application for funding from Inspired Communities and it was commented that the organisation had been offered tables but they had not responded.
It was commented that there were Noted. several Funeral Directors in Sedgley and there were rumours that the Courthouse would also be converted to another one.
30 Working with you – Topics Raised by Local Councillors
Subject Action
Councillor S Anderton referred to the Noted. closure of Coseley School and indicated that she fully supported parents and she would attend the meeting to discuss issues further.
CSCF/17 6 Councillor M Evans:-
(1) Referred to the ongoing success Noted. of various activities in Sedgley such as Christmas decorations, the flagpole and Sedgley in Bloom and welcomed expansion to other parts of the Borough.
(2) New signage would be placed in Noted. Sedgley to direct people to prominent places in the Centre.
(3) Referred to the toilet in Sedgley Noted. and commented that Councillors had fought for the facility and they would do their utmost to ensue the facility remained open.
Councillor C Baugh:-
(1) Stated that he would not be Noted. standing for re-election in May and thanked Members, Officers and residents for all their support.
The Vice-Chair, on behalf of the Forum thanked the Chair for his hard work and commitment during his period as a Councillor and wished him all the best in his future.
(2) Requested that any Noted. correspondence received by parents relating to the closure of Coseley School be circulated to all Members of the Community Forum.
31 Community Forum Funding
The Forum considered a report of the Lead Officer.
The Lead Officer verbally reported on a late application that had been received from Darkhouse Baptist Church requesting funding of up to £5,000 to refurbish the toilets as they were in disrepair.
CSCF/18 7
Application Recommendation
Darkhouse Baptist Church Subject to final checks of documentation by the Lead Officer, approval be given to a grant of £5,000 (To be allocated from the Coseley East Ward budget)
Inspired Communities Deferred pending receipt of further information to ascertain exact figures of attendance from each area.
Ready for Life (Saturday Club) Deferred pending further information relating to the organisation’s accounts.
Ready for Life (Easter Holiday Deferred pending further information Scheme) relating to the organisation’s accounts.
Sedgley Community Association Unspent allocation of £5,000 approved on 2nd September, 2014 to be allocated back to the respective budget (Sedgley Ward)
Senior Citizens Thursday Afternoon Underspend of £94.00 approved on 27th Club (Hurst Hill Community January, 2015 to be allocated back to the Association) respective budget (Coseley East)
32 Dates of Future Meetings
It was noted that future meetings of the Community Forum would be held on the following dates subject to Council approval in May, 2016:-
Monday 5th September, 2016 (venue to be confirmed) Monday 31st October, 2016 (venue to be confirmed) Monday 9th January, 2017 (venue to be confirmed Monday 13th March, 2017 (venue to be confirmed)
The meeting ended at 7.55 pm
CSCF/19 8 Action Notes of the Netherton, Woodside and St Andrews/Quarry Bank and Dudley Wood Community Forum
Tuesday 15th March, 2016 at 6.30pm at Quarry Bank Community Centre, Sheffield Street, Quarry Bank
Present:-
Councillor Q Zada (Chair) Councillor B Cotterill (Vice-Chair) Councillors J Cowell, W Duckworth, D Sparks and E Taylor.
Officers:-
A Tromans - Lead Officer to the Forum (Information Systems Manager, ICT Services) and H Shepherd - Democratic Services Officer (Resources and Transformation Directorate)
Together with 14 members of the public
28 Welcome and Introductions
The Chair welcomed everyone to the meeting. Following general announcements, the Councillors and Council officers introduced themselves.
29 Listening to you – Questions and Comments by Local Residents
Subject Action
An update was requested on the current The Lead Officer stated that he had been progress position with regards to advised that there were no further Saltwells Nature Reserve. developments to report at the present time. It was suggested that to attract funding for the site it was recommended that an independent group, separate to the Council, be established.
Members expressed their support in developing the Saltwells Nature Reserve as it was considered an ideal location that could be used for educational purposes by local schools, but in the current condition and without any facilities, this would not be possible.
NQCF/19
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Councillor D Sparks informed residents that the Nature Conservation Strategy was currently under review and out for public consultation.
It was agreed that the Netherton, Woodside & St Andrews and Quarry Bank & Dudley Wood Ward Members would work collaboratively to form a group and progress this issue forward.
A resident referred to a small strip of The Chair commented that this particular land adjoined to 73 Darby End Road issue had been ongoing for several years that the occupier of the property wished and that there was too much bureaucracy to purchase to extend his driveway. He and not enough rationale given when had been advised by Council Officers considering this type of application. that he would need to purchase the whole site for this to be possible. It was It was agreed that Ward Councillors stated that if the whole site was to be would arrange a meeting with the purchased, this could impact upon occupier of 73 Darby End Road and access rights to the allotment site. relevant officers to agree a solution to this issue.
A resident referred to the rubbish and Councillor B Cotterill confirmed that the overgrown trees and shrubs on the land land was owned by Westfield Merry Hill at the rear of Coppice Lane, where a and that the issue had been reported and factory once was, and requested that it an external company had been employed be cleared. by Westfield to clear the area.
A resident referred to tenants Councillor D Sparks stated that there requesting to turn their front gardens would be a full review of all charges and into driveways to prevent damage to one of the focuses would be on the their vehicles when left on the road. charge for dropped kerbs and as to However it was stated that if works was whether this work needed to be not completed by the Council or that the undertaken by the Council. kerbs in front of the driveways had not been dropped, tenants had been warned of possible eviction, but that the costs charged by the Council to undertake this work was astronomical.
NQCF/20
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A resident requested dog fouling Referred for a response/action. enforcement on the pathway/accessway leading from Thorns Road to Park Councillor D Sparks requested that the Road, Quarry Bank and for dog stencils Communications and Public Affairs Team encouraging residents to ‘pick up’, develop a campaign encouraging similar to those used in Lye and residents to ‘pick up’ and inform Netherton Park, be marked out along perpetrators of the consequences if they the pathway. It was also requested that were caught not doing so. a dog fouling bin be put on the pathway, near to Park Road, that could be used when the park gates were locked.
30 Working with you: Topics raised by Local Councillors
Subject Action
Councillor J Cowell requested that Noted. Democratic Services and the Participation Development Officer Democratic Services to circulate the draft communicate future meeting dates to Council calendar of meetings to the avoid clashes with Community Forums Participation Development Officer for and Tenants and Residents Association information. meetings.
Councillor B Cotterill requested Referred for a response/action. hardcore surfacing to be placed on the grass verge at the bottom of Woodland Avenue.
Councillor Q Zada referred to the Referred for a response/action. ongoing issue with regards to the correct spelling of Fulwood Crescent. It was requested that signage and Council IT systems be amended so that the spelling of the road was consistent.
31 Community Forum – Love Your Local Community Funding
Application Decision made since the last meeting
Netherton Islamic Trust £1000 Approved
Application Recommendation
NQCF/21
11 Dudley Water Ski Club Approve £1000 in total, £500 allocated from Netherton, Woodside and St Andrews and £500 allocated from Quarry Bank and Dudley Wood.
Fusion Youth Group Refused, as members were mindful that there was no certainty that the organisation would continue beyond the period of the funding applied for.
Quarry Bank in Bloom Approve £5000, to be allocated from Quarry Bank and Dudley Wood ward High Street Improvement Fund.
Quarry Bank Music Club Approve £2900, to be allocated from Quarry Bank and Dudley Wood.
32 Dates, time and venues of future meetings
The draft dates of the Community Forum meetings for the 2016/17 municipal year, subject to Council approval in May 2016, were noted.
33 Comments made by the Chair
The Chair referred to Councillor W Duckworth, who would be standing down as a Councillor in May, 2016, and expressed his appreciation to him for the work that he had done during his time as a Councillor.
The meeting ended at 7.10 pm.
NQCF/22
12 Action Notes of the Halesowen North and Halesowen South Community Forum
Tuesday 15th March, 2016 at 6.30pm at Olive Hill Primary School, Springfield Road, Halesowen
Present:
Councillor K Shakespeare (Chair) Councillor A Taylor (Vice-Chair) Councillors H Bills, N Gregory, S Henley and D Vickers
Officers:
S Beckett - Lead Officer to the Forum (Head of Revenue and Benefit Services) and K Griffiths (Democratic Services Officer) - Resources and Transformation Directorate
Also in Attendance for Agenda Item No 3:-
W Edwards and B Wheeler – Halesowen Chamber of Trade
Together with 21 members of the public
28 Welcome and Introductions
The Chair welcomed those present to the meeting.
29 Halesowen Business Improvement District (BID)
Representatives from the Halesowen Chamber of Trade were in attendance at the meeting and gave a presentation on progress to date in relation to the BID. During the presentation the key areas referred to were the need for the BID, action so far, future action, reporting processes and the aims of the BID. A copy of the presentation and related information was circulated to Members during the Forum.
Arising from the presentation, a number of specific issues were raised and responded to. These are summarised below:-
• The need to consult respective shoppers and to ensure that a nominated representative was involved in all discussions relating to the BID.
• Issues with car parks being flooded and the lack of free parking.
HCF/15
13 • Concern with the number of businesses/shops that have closed down and the impact this would have on the ballot. It was reported that whilst businesses had closed down, the owners of the shops would have the opportunity to take part in the vote and that all necessary steps were being taken to locate shop owners.
• Clarification was given on businesses that were eligible to take part in the ballot and the procedure in relation to large retail businesses.
The Chair thanked the representatives from the Halesowen Chamber of Trade for the presentation received.
30 Listening to you: Questions and Comments from Local Residents
Subject Action
Members of the public referred to the Following a lengthy discussion, recent decision to relocate Lapal pre- residents were asked to forward their school from a safe and secure contact details on to the Ward environment within the grounds of Councillors for Halesowen South with a Lapal Primary School to Howley view to discussing the matter further Grange Scout Hut in September 2016. and to establish a possible solution. Safety concerns were raised with the proposed new site being located next to a motorway flyover and that the area was not local to children attending the pre-school currently. It was considered that the move could potentially have a detrimental effect on pupils during the transition from pre-school to primary school. A further concern expressed was the difficulties parents would encounter collecting children from two different locations on time.
Members of the public expressed disappointment that no consultation processes had been carried out. Parents had only been made aware of the move following an e-mail that had been circulated on 1st March, 2016 from the pre-school management team, which indicated that notice had been served by the landlord as the building was reaching the end of its useful life and would not be insured for use from July 2016.
HCF/16
14 In concluding, members of the public indicated that the decision had created a lot of anxiety for parents and it was requested that this matter be investigated with a view to retaining the current location of the pre-school.
A resident referred to the unpleasant The Cabinet Member for Environmental condition of the containers used in Services reported that volunteers would connection with the Halesowen in be re-planting the containers in the Bloom situated by the bus station and imminent future and options would be requested that these be removed. It considered for future maintenance of was noted that the containers were full the containers. of slime and green water and used as a tipping area for rubbish when plants were not in season.
31 Working with you: Topics raised by Local Councillors
Subject Action
Councillor H Bills referred to the Noted and forwarded to Place recent work carried out at Hurst Directorate. Green Park including the installation of concrete litter bins. The Chair expressed concerns regarding an area where access to the park may be possible for travellers and asked that access be dealt with as a matter of urgency.
32 Community Forum Funding
Application Recommendation
Halesowen Walks Approval of £500 to assist with the purchase of the renewal of leaflets.
Halesowen in Bloom The Lead Officer asked the Forum to consider a previous allocation to Halesowen in Bloom where the total funding had not been spent. The Forum recommended that the unspent grant remain allocated to the Halesowen in Bloom project.
HCF/17
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33 Dates, Times and Venues of Future Meetings
The Forum noted that the dates of future meeting would be approved at Annual Council in May 2016.
The meeting ended at 7.30 pm
HCF/18
16 Action Notes of the Norton, Pedmore and Stourbridge East, Wollaston and Stourbridge Town Community Forum
Wednesday 16th March, 2016 at 6.30pm at Gig Mill Primary School, The Broadway, Norton, Stourbridge
Present:
Councillor N Barlow (Chair) Councillor C Elcock (Vice-Chair) Councillors M Attwood, S Clark, C Hale, L Jones, I Kettle and H Rogers.
Officers:
A Webb (Lead Officer) (Interim Head of Sport and Leisure (Place Directorate) and H Shepherd (Democratic Services Officer)
Together with 7 members of the public
28 Welcome and Introductions
The Chair welcomed those present and Members and Officers introduced themselves.
29 Apologies for Absence
Apologies for absence were submitted on behalf of Councillor M Wood and A Leigh.
30 Listening to you: Questions and Comments from Local Residents
Subject Action
A resident referred to agenda item no. Noted. 6 – Dates, time and venues of future meetings, and expressed his Democratic Services Officer advised disappointment that there would not be that this decision had been taken due to a Community Forum meeting until the referendum election being held in September, 2016. June 2016.
A resident requested clarification as to Referred for a response/action. why Dudley Council would only collect three bed mattresses per week and expressed his concern that this could cause an increase in fly tipping within the Borough.
NPCF/ 15 17
31 Working with you: Topics raised by Local Councillors
Councillor C Elcock
Referred to his ongoing work with Noted. regards to Badgers and stated that he would be meeting with the National Farmers Union next week and a meeting with the four local MP’s had been arranged to discuss the issue. It was also stated that a letter from him would be published in the April edition of the LGA magazine requesting support from around the country in highlighting the problem and encourage a fundamental change in the current law.
Councillor H Rogers
It was anticipated that the Noted. regeneration work in Mary Stevens Park would be completed by April 2016, with the exception of the pool.
Councillor I Kettle
Referred to the major road works on Noted. Hagley Road that had now been completed. It was considered that there was a lack of signage highlighting the change in road layout, and that the new layout was causing a bottle neck and tailbacks of traffic as far as Ham Lane. This would continue to be monitored.
32 Community Forum Funding
Application Recommendation
Wollaston Village Community Centre Approve £5,750.
(At this juncture, Councillor S Clark declared an non-pecuniary interest as he had a business on the inside of the Stourbridge ring road.)
NPCF/ 16 18
Stourbridge and District Chamber of Approve £10,000 in total, £5,000 from Trade the High Street Innovation/Empty Shops Grant and £5,000 from the Community Forum.
33 Dates, time and venues of future meetings
The draft dates of the Community Forum meetings for the 2016/17 municipal year, subject to Council approval in May 2016, were noted.
The meeting ended at 7:10 pm
NPCF/ 17 19
Action Notes of the Castle and Priory, St James’s and St Thomas’s Community Forum
Wednesday 16th March, 2016 at 6.30 pm at St Barnabus’ Church, Middlepark Road, Dudley
Present:
Councillor A Ahmed (Chair) Councillor K Finch (Vice-Chair) Councillors K Ahmed, S Ali and M Aston
Officers:
S Griffiths (Lead Officer to the Forum) (Democratic Services Manager) and M Johal (Democratic Services Officer)
Together with 14 members of the public.
29 Apologies for Absence
Councillors C Bayton, A Finch, G Simms and S Waltho.
30 Welcome and Introductions
The Chair welcomed everyone to the meeting. Following general announcements Councillors and Officers introduced themselves.
31 Listening to you – Questions and Comments from Local Residents
Subject Action
Reference to Russells Hall estate and Referred for a written response complaint made about the state of the paths located around the badger sett and that they were unsafe.
CPCF/27
20 Fences around Russells Hall Park Ward Councillors to raise issue with police had been knocked down by youths at the next Partners and Community using motor bikes. A proper gated Together (PACT) meeting. entrance to the Park was needed to prevent further damage. The matter Ward Councillors to pursue matter with had been raised with Green Care but Green Care on possible options relating to a response had not been received. an entrance to the Park. A request also made for Ward Councillors to conduct a “walkabout” to view the extent of problems in the area.
Request for overgrown bushes near Referred for a written response. Bushey Fields Road to be cut back as greenery had overgrown onto the pavements and covered the speed limit sign.
Blue bags had been left by workers Referred for a written response. on Russells Hall estate outside properties on Corbyn Road and rubbish had been scattered around by bags being ripped open. It was requested that bags be secured properly.
The clothing bank on Russells Hall Referred for a written response. estate was over spilling with clothes and it was requested that the bank be emptied on a regular basis to prevent infestation of rats.
The stretch of road leading from Referred for a written response. Corbyn Road to Russells Hall Road was sinking and needed attention.
CPCF/28
21 The following queries and comments Ward Councillors suggested that were made in relation to the closure residents submit a petition to enable the of Blackacre Road:- matter to be considered further.
* The procedure followed relating to the Traffic Regulation Order in respect of Blackacre Road was questioned; * A petition containing six hundred signatures had been submitted to the Council which had not been considered; * It was considered that proper consultation did not take place; * A copy of the risk assessment had been requested on a number of occasions but had still not been received and it was questioned whether the assessment had taken place; * A commitment had been given that a review would be undertaken following the reopening of King Street and this had still not been conducted; * Comment made that alternative action such as the introduction of traffic calming measures should have taken place prior to making the decision to close Blackacre Road; * Traffic problems had shifted to The Ward Councillor suggested residents other areas and roads which had reached a consensus on action required resulted in several car accidents, for Douglass Road so that consideration particularly on Douglass Road owing could be given to a resolution. to its narrowness.
Continuing problems with The Ward Councillor stated that the lights synchronisation of traffic lights at King were controlled in Wolverhampton and he Street and Hall Street which caused undertook to pursue the matter with major delays. relevant Officers.
The paving in front of shops on The Vice-Chair reported that the Council’s Summer Road, Dudley were in need legal section had advised that the paving of repair and it was queried whether it was not the Council’s responsibility. Ward was the Council’s or the shops Councillors undertook to conduct a land responsibility to maintain the paving. registry search for verification purposes.
CPCF/29
22 Complaints made about litter and fly Noted and referred for a written response. tipping on walkways around Dudley bypass and on Islands in Dudley. It was suggested that the services of those people on a Community Service Order be utilised with a view to tidying the area and clearing rubbish.
Request for permanent fencing to be Referred for a written response. erected around Castlegate Island as the existing barriers were inadequate and were continually knocked down.
Concerns raised about general The meeting were reminded of budget cleanliness and rubbish in certain cuts and the Chair suggested that areas and outside some homes which residents should form a Litter Picking impacted on neighbouring houses. Group. Also Green Care were no longer collecting large items such as carpets and these were left lying around.
The need to prosecute travellers that Noted. broke locks and sited themselves on privately owned land.
The Cabinet Member Planning and Economic Development stated that it was difficult to pursue these cases as the individual carrying out the criminal offence could not be identified.
32 Working with you – Topics Raised by Local Councillors
No issues raised under this item.
33 Community Forum – Love Your Local Community Funding
The Forum considered a report of the Lead Officer.
The Lead Officer to the Forum verbally reported on the following three additional applications:-
CPCF/30
23 Wellington Road Community Centre (St James Ward) – funding of up to £5,000 was requested to install a lift to enable the centre to offer their facilities to a wider range of clientele. The total overall cost of the project was £15,000 and the balance would be used from the Centre’s reserves and from fundraising.
Castle and Priory Area Regeneration Board (Castle and Priory Ward) – A grant application for funding of up to £500 to provide training for volunteers on good hygiene, first aid and Disclosure and Barring Service (DBS) checks.
Dudley Borough Interfaith Network – funding of up to £3,000 to produce display materials about the Interfaith Network with a view to taking to schools, Youth Clubs, faith groups and other interested groups to promote the organisation and build relationships in the Borough.
Application Recommendation
Dudley Community Church Approve contribution of £2,500 (to be allocated (Pastor Joe Hayes in from St James’s Ward budget) attendance)
Friends and Residents of Approve contribution of £1,000 (to be allocated Buffery Park from St Thomas’s Ward budget)
White House Cancer Support Defer pending further information to ascertain turnout at previous events, expected numbers at forthcoming event, to determine the reason why the event was being held in Brierley Hill and not in the Town Centre and details on how the community would benefit.
Lead Officer to deal with application in consultation with the Chair, Vice-Chair and Ward Councillors.
2nd Dudley St Francis Brownies Approve contribution of £1,000 (to be allocated from Castle and Priory Ward budget)
Dudley African Caribbean Carer Approve contribution of £450 (to be allocated and Disability Support Group from St Thomas’s Ward budget)
Centre for Equality and Diversity Defer pending further discussions with Ward (St James’s/St Thomas’s) (Mr K Members and the applicant to ascertain Rodney in attendance) benefits to individual Wards.
Lead Officer to deal with application in consultation with the Chair, Vice-Chair and Ward Councillors.
Wellington Road Community Approve contribution of £2,500 (to be allocated Centre from St James’s Ward budget)
CPCF/31
24 Castle and Priory Area Approve contribution of £500 (to be allocated Regeneration Board from Castle and Priory Ward budget)
Dudley Borough Interfaith Defer pending Lead Officer’s inspection of Network documents due to late submission of application. Lead Officer to deal with application in consultation with the Chair, Vice- Chair and Ward Councillors.
Castle and Priory Area Unspent allocation of £1,500 approved on 3rd Regeneration Board September, 2014 to be allocated back to the respective Castle and Priory Ward budget.
Wrens Nest Community Centre Unspent allocation of £2,500 approved on 4th November, 2014 to be allocated back to the respective Castle and Priory Ward budget.
Arising from consideration of the applications it was suggested that applicants be encouraged to discuss applications with relevant Ward Councillors prior to submission.
34 Dates of Future Meetings
It was noted that future meetings of the Community Forum would be held on the following dates subject to Council approval in May, 2016:-
Wednesday 7th September, 2016 (venue to be confirmed) Wednesday 2nd November, 2016 (venue to be confirmed) Wednesday 11th January, 2017 (venue to be confirmed Wednesday 15th March, 2017 (venue to be confirmed)
The meeting ended at 8.05pm
CPCF/32
25 Action Notes of the Brierley Hill and Brockmoor & Pensnett Community Forum
Wednesday 16th March, 2016 at 6.30pm at Hawbush and District Community Association, The Oakfield Centre, 245 Brettell Lane, Brierley Hill
Present:
Councillors Z Islam, R Harris and J Martin
Officers:
H Martin (Lead Officer to the Forum), (Head of Planning and Development), A Roberts (Planning Policy Manager) and K Buckle (Democratic Services Officer)
Together with 8 members of the public.
34. Election of Chair
Councillor R Harris was elected Chair for this meeting of the Forum only.
35. Apologies for Absence
Apologies for absence from the meeting were submitted on behalf of Councillors J Foster, K Jordan and M Wilson.
36. Welcome and Introductions.
The Chair welcomed those present and Members introduced themselves and Officers.
37. Listening to you: Questions and Comments from Local Residents
Subject Action
A Petition was received in relation to re- Referred for a written surfacing the area at the rear of properties in response. Harrison Road, Wordsley.
A member of the public urged those present to Noted. check their lock up garages as there had been several burglaries in the area.
BHCF/14
26 A member of the public referred to motorcycles Councillor J Martin advised and scooters accessing open ground on Barrow that he had reported Hill, Pensnett. incidents to the Police.
A request that a yellow box be introduced on the Referred for a written left hand side of Stream Road at the junction of response. Auckland Road, Kingswinford in order to address problems with those turning right onto Stream Road.
A suggestion that to reduce traffic congestion at Referred for a written the junction of the Russells Hall Hopsital response. roundabout, traffic lights be installed.
In relation to the new traffic scheme in Pensnett, Referred for a written turning from High Street into Swan Street near response. to the school the requirement for a right hand turn to be installed and the suggestion that the road adjacent to the shops in Pensnett should either be closed off to traffic or a one way system should be introduced. These matters had been raised by the questioner during the consultation on the proposed new traffic scheme.
A request that the one way systems that were Referred for a written introduced in Bank Street, John Street, New response. John Street and Victoria Street, Brierley Hill be reviewed in line with the agreement made when the new traffic system in Brierley Hill was introduced.
38. Working With you: Topics raised by Local Councillors
No topics were raised. .
39. Community Forum – Love Your Local Community Funding
Recommendations made in respect of Applications received and discussed following the meeting were as follows:-
Application Recommendation
Mr Imran Hussain (Motorstop) Deferred for further information.
Hawbush Community Gardens Approved - £5,475 – Brierley Hill Ward
St Marks Church, Pensnett Approved a contribution of £500 – Brockmoor & Pensnett Ward.
BHCF/15
27 Members agreed to an extension of a further nine month period to the approved application to St Marks Church in the sum of £500, which was originally approved in June, 2015.
40. Dates, Times and Venues of Future Meetings.
Future meetings of the Community Forum would be held on the following dates, subject to approval at Council on 19th May, 2016
• 7th September, 2016 • 2nd November, 2016 • 11th January, 2017 • 15th March, 2017
Commencing at 6.30pm at venues to be confirmed.
The meeting ended at 7.15pm
BHCF/16
28
Action Notes of the Kingswinford North and Wall Heath, Kingswinford South and Wordsley Community Forum
Tuesday 22nd March, 2016 at 6.30pm at Kingswinford Royal British Legion Club, Summerhill, Kingswinford, DY6 9JG
Present:
Councillors P Miller (Chair) Councillor M Rogers (Vice-Chair) Councillors D Blood, P Brothwood, P Harley, E Lawrence, N Richards, and D Tyler.
Officers:
J Butler (Lead Officer) Place Directorate and L Jury (Democratic Services Officer)
Also in attendance for agenda item no. 5
Representative from Woodcraft Folk. Representative from Dingle Community Centre. Representative from Kingswinford Community Association. Representative from High Acres Group. Representative from Greek Cypriot Community in Dudley. Representative from Wordsley Holy Trinity Parish Team.
Together with twenty-three members of the public.
64 Apologies for absence
None.
KCF/44
29
65 Welcome and Introductions and feedback from last meeting.
The Chair welcomed those present at the meeting and Members and Officers introduced themselves.
The Lead Officer then gave verbal feedback on the questions raised at the last meeting.
66 Declarations by Members
Councillor D Miller declared a non-pecuniary interest in the following grant applications:
• Kingswinford Community Association due to his membership of the association; • Greek Cypriot Community of Dudley due to his acquaintance with the applicant.
Councillor P Brothwood declared a non-pecuniary interest in the grant application submitted by High Acres Community Group due to his membership of the group.
67 Listening to you: Questions and Comments from Local Residents
Subject Action
Concern was raised by a resident that Noted. traffic had been allowed to travel along Wordsley High Street during the 2 minute silence at the Service of Remembrance. It was questioned whether assistance could be given by the Council to close the High Street as there is no longer assistance from the Police. Councillor Brothwood replied that Streetwatch were currently raising this issue with the local PCSO. Resident volunteered to recruit marshals from the area to assist.
A resident complained about the Lead Officer to forward details of the damaged that had been caused to the damaged to the Council’s Insurance back of Wordsley Community Centre officers to investigate. by a Blakemore’s Food lorry during delivery to the local shop.
KCF/45
30 A resident referred to the forthcoming Noted. Council elections and commented that she would like prospective candidates who were not elected to continue to show support in their local community.
A resident welcomed the installation of Noted. the Ferris Wheel in Dudley Town Centre to encourage tourism in Dudley. However, during the negative feedback that was displayed in the media, the resident questioned the absence of the Dudley Ambassador in defending Dudley and she suggested that the Ambassador and her team be invited to a future Forum meeting to appraise the Forum of the work that they undertake on behalf of Dudley residents. Noted. It was questioned whether the costings associated with the wheel and whether it had been successful in creating tourism in Dudley could be reported at a future date.
A resident made a positive comment Noted on the installation of new windows to council houses in Wall Heath.
A resident raised an on-going issue It was noted that the resurfacing of relating to the resurfacing of Bells Bells Lane was included in the Lane, Wordsley . programme of works for the financial year 2016/17.
KCF/46
31 Members and residents requested that Lead Officer to raise with Highways. Engineers’ revisit the issue of installing double yellow lines further down Bells Lane to address the dangerous parking of vehicles.
A resident referred to an on-going Councillor Harley to contact Taylor issue with Taylor Wimpey not attending Wimpey to discuss this issue. to the maintenance of trees on Barton Lane as had previous been agreed. In reply, Councillor Harley reported Taylor Wimpey had tried to contact him today and he would contact them tomorrow to discuss this issue.
Councillor Brothwood reported that Noted. although some progress was being made with Severn Trent to address the issues with the brook, it was acknowledged that further work needed to be undertaken.
A resident made reference to the Noted. decision by the Council to close Dudley Museum and commented on the loss of such a worthy establishment.
68 Working with you: Topics raised by Local Councillors
Subject Action
Councillor Brothwood referred to a Noted. window that had been broken by youths in a shop on Sandringham Place. It was noted that he had reported the issue to Health and Safety due to the broken glass and the Council would contact the owner to address this issue.
Councillor Tyler made reference to Noted. the campaign he had launched to obtain a Blue plaque in memory of local hero Duncan Edwards. It was noted that a Plaque (depicting Manchester United’s colours) would be placed on Priory Park in his memory.
KCF/47
32 Councillor Harley referred to issues Lead Officer to investigate. that had been raised by residents recently with regards to Ketley Quarry which seemed to suggest that the road sweeper and wheel wash were not being used, due to the mud deposits on the main road.
69 Community Forum – Love Your Local Community Funding
Application Recommendation
Woodcraft Folk Defer in order for the Lead Officer to investigate with Legal Officers the granting of money to an organisation although situated outside the Borough of Dudley, the majority of users are Dudley residents.
The application for £5,000 for the purchase of a new hut and equipment that was destroyed by fire, be approved by Chair’s action should the application be sanctioned by Legal Officers.
Dingle Community Centre Approved, £5,000 to refurbish the male and female toilets.
Kingswinford Community Defer, pending the outcome of discussions Association being undertaken with regards to the future of the site.
High Acres Community Event Defer, pending the receipt of documents referred to on the guidance notes for applications. Upon the satisfactory receipt of documents, the application to be approved by Chair’s action.
Greek Cypriot Community of Approved, £2,500 to support the cost of Dudley teacher’s fees.
Wordsley Holy Trinity Approved, £5,000 for the installation of a sound Community Church Hall and loop system and the refurbishment of the office.
Dudley MBC – Environmental Approved, £4,920.80 for the installation of two Services Division. live Christmas trees with power supplies in Wall Heath and Wordsley.
KCF/48
33
70 Date, Time and Venue of Future Meetings
Future meeting dates noted as follows:
Thursday 8th September, 2016 Thursday 3rd November, 2016 Thursday 12th January, 2017 Tuesday 21st March 2017
all commencing at 6.30pm and to be held at Kingswinford Royal British Legion Club, Summerhill, Kingswinford.
The meeting ended at 7.55pm.
KCF/49
34 Action Notes of the meeting of the Belle Vale, Hayley Green and Cradley South Community Forum
Wednesday 23rd March, 2016 at 6.30 p.m. at Earls High School, Furnace Lane, Halesowen
Present:-
Councillor J Hill (Chair) Councillor S Phipps (Vice Chair) Councillors I Cooper, A Goddard and H Turner
Officers:-
A Webb (Lead Officer to the Forum) – Interim Head of Sport and Leisure (Place Directorate) and K Griffiths – Democratic Services Officer (Resources and Transformation Directorate)
Also in Attendance for Agenda Item No 3:-
B Wheeler – Interim BID Manager – Halesowen Chamber of Trade
Together with 6 members of the public
27 Welcome
The Chair welcomed everyone present to the meeting.
28 Apology for Absence
An apology for absence was received on behalf of Councillor D Russell.
29 Halesowen Business Improvement District (BID)
Representatives from the Halesowen Chamber of Trade were in attendance at the meeting and gave a presentation on progress to date in relation to the BID. During the presentation the key areas referred to were the need for the BID, action so far, future action, reporting processes and the aims of the BID. A copy of the presentation and related information was circulated to Members during the Forum.
BVCF/14
35 Arising from the presentation, a number of specific issues were raised and responded to. These are summarised below:-
• The benefits of a Neighbourhood Plan/Enterprise Zone, including providing the opportunity for free business rates which would effectively attract new businesses into the Town and increase jobs and footfall.
• Traffic and congestion issues and concerns in relation to people residing outside the Borough having difficulties accessing the Town Centre.
• Lack of free parking. The reason for the decision to introduce car parking fees was referred to and although it was acknowledged that there was a need for free car parking, this should be limited to prevent historic problems re- occurring whereby people parked for free and commuted into other areas.
• Projected achievements in the short and medium term.
• Concern with the number of businesses/shops that have closed down and the requirement for processes to be put in place to ensure that empty shops were occupied and received support to enable successful trading.
In concluding, the Interim BID Manager indicated that any ideas and suggestions would be considered with a view to them being incorporated into the BID.
The Chair thanked the representatives from the Halesowen Chamber of Trade for the presentation received.
30 Listening to You
Subject Action
Reference was made to the condition of Lead Officer to pursue the matter. the footpath between Mendip Road and Moorfoot Avenue. It was noted that this had been raised at the Forum held on 3rd February, 2016, however no response had been received.
Members of the Forum expressed disappointment in relation to the delay in responses given generally.
BVCF/15
36 A resident referred to the unpleasant The Chair reported that the re-planting condition of the containers used in of the containers would take place in connection with Halesowen in Bloom the imminent future and options would situated by the bus station and requested be considered for either future that these be removed. It was noted that maintenance or the removal of a the containers were full of slime and number of the containers. green water and used as a tipping area for rubbish when plants were not in season.
A lengthy discussion then ensued on the Referred to Democratic Services for possibility of providing maps to be consideration. included with the agenda papers clearly highlighting the ward boundaries in the Halesowen area. It was noted that boundary maps were available on the Internet, however, it was acknowledged that consideration needed to be given to those people who did not have access to a computer.
A resident referred to the ongoing health Referred for a written response. and safety issues of cars turning right into Church Croft from Queensway and suggested that the refuge be extended to prevent the problem.
A Member of the Forum indicated that this matter had been raised at a previous PACT meeting and as a consequence, Police presence had now moved location to catch perpetrators and issue penalty notices and fines.
A suggestion that coaches be permitted Referred for a written response. to park on white zigzag lines outside schools when collecting and returning children from school trips.
31 Working with you: Topics raised by Local Councillors
There were no issues raised under this agenda item.
BVCF/16
37
32 Community Forum – Love Your Local Community Fund
The Lead Officer reported that there were no applications Members needed to consider at the Forum and updated them on available funding.
A member of the public made reference to grants issued to various organisations in Halesowen and outlined an issue that he wished to raise with the Council’s Monitoring Officer.
33 Dates, Times and Venues of Future Meetings
The Forum noted that the dates of future meetings would be approved at Annual Council in May 2016.
The meeting ended at 7.45 pm
BVCF/17
38 Action Notes of the Amblecote, Cradley and Wollescote and Lye and Stourbridge North Community Forum
Wednesday 23rd March, 2016 at 6.40pm at Thorns Primary School, Thorns Road, Quarry Bank,
Present:
Councillor C Perks (Chair) Councillor G Partridge (Vice-Chair) Councillors R Body, P Bradley, M Hanif, T Herbert and S Tyler
Officers:
A Grove (Lead Officer - Head of Youth Service) and K Taylor (Democratic Services Officer)
Together with 5 members of the public
28 Apologies for Absence
Councillor T Crumpton and P Lowe
29 Welcome and Introductions
The Chair welcomed everyone to the Amblecote, Cradley and Wollescote, Lye and Stourbridge North Community Forum and those present introduced themselves.
30 Listening to you: Questions and Comments from Local Residents
Subject Action/Response
A resident raised concerns regarding Noted. Councillor Body agreed to the traffic lights at Colley Gate in investigate the matter. particular that despite the lights having been repaired, they had broken down again and were unreliable.
Councillor R Body, as a local resident, Noted. Councillor C Perks commented referred to the excessive rubbish that she had discussed the issue of littered in a number of residential litter with the appropriate Cabinet areas across Cradley and Lye High Member. Street. He suggested that the installation of dashboard cameras to vehicles would enable evidential proof of the perpetrators that discarded the litter.
ACF/17
39 A request had been made to erect a Noted. litter bin near McDonalds adjacent to Park Road.
Concerns were raised in relation to the Noted. derelict shops in Colley Gate that had not been renovated for a number of years.
A resident referred to a local football Noted. team that had relocated from Homer Hill Park to Enville Park, as the pitch was overgrown and had not been mowed for some time.
A resident referred to the lack of Councillor R Body reported that he had response to questions raised at the recently met with a representative from previous Community Forum, and that Midland Heart to discuss a number of the response received in relation to issues, and it was confirmed that the the yellow lines painted in the parks yellow lines acted as a deterrent. He accessway through Homer Hill Park to also stated that Midland Heart had Midland Heart Extra Care Home was agreed to repair any damage caused unacceptable, and that he was whilst the pathway was under awaiting a response from the officer construction which was due to be involved. concluded by end of March, 2016. Councillor Body requested that a question slip be submitted to Dudley Council Plus to question whether the works would be undertaken.
31 Working with you: Topics raised by Local Councillors
Councillor S Tyler referred to the Noted. parking issues in Amblecote.
Councillor C Perks:-
(1) Reported that the shrubs and trees Noted. in School Drive, Amblecote would be removed to allow the area to become a car park, and that the repairs at the Ruskin’s car park were nearly completed.
(2) Referred to an area in Collis Noted. Street, Amblecote that had recently been renovated to a green space.
Councillor M Hanif:-
ACF/18
40 (1) Raised concerns of the fly tipping Noted, near Jackson Street, Lye stating that he had raised the issue with the appropriate officer.
(2) Provided an update in respect of Noted. the derelict car park in Lye.
Councillor R Body:-
(1) Expressed his thanks to the Noted. Friends of Homer Hill Park following their success of a £12,000 grant sponsored by Tesco’s.
(2) Requested when the railings at Referred for a response/action. Homer Hill Park would be relocated to the highway from trust land.
Councillor G Partidge:-
(1) Referred to a question raised at Noted, the last Forum meeting in relation to the possibility of a short-stop parking area at the front of a shop in Windmill Hill, in particular that plans had been produced and forwarded to the owner of the store.
(2) Commented on the improvements Noted. made to the road at Foredraft Street, which had been raised at the last Community Forum.
(3) That there had been an open day Noted. on 19th March, 2016 at the Lye and Wollescote Chapel, and suggested that the Chapel could be used for a future meeting of the Community Forum.
(4) That a Rogue Landlords Group Noted. had been established and was represented by West Midlands Police and West Midlands Fire Service.
ACF/19
41 (5) Referred to the recent accident Noted. near Pedmore Technology College, and stated that the area needs to be looked at to prevent any further accidents occurring. She further stated that a petition was being circulated and that she was undertaking speed checks together with Councillor Body.
32 Community Forum Funding
The Forum considered a report of the Lead Officer on three applications for funding.
Members commented on the application submitted by Christ Church Lye in particular regarding the community value of the cafe and that there had been a recent break-in at the property. The majority of Members agreed to increase the funding to £3,000 to allow funding for cartridges and security equipment, and requested the Lead Officer to contact the applicant to discuss the additional funding, although Councillor S Tyler expressed his concerns regarding the lack of information provided by the applicant.
Agreed to recommend:-
Application Recommendation
Christ Church Lye Approve £3,000 in total, subject to the additional funding being spent on security for the new laptops, print cartridges and paper.
Laurels Bowling Club & Cradley X Approve £3,000 in principal provided that Servicemen the applicant provided further information in accordance with criteria and that the remaining balance of the project had been obtained.
Beechtree Social Welfare Club Approve £912
33 Date, Time and Venue of the Next Meeting
The draft dates of the Community Forum meetings for the 2016/17 municipal year, subject to Council approval in May 2016, were noted.
The meeting ended at 8.05 pm
ACF/20
42 Minutes of the Health Scrutiny Committee
Monday 15th February, 2016 at 6.00 p.m. in Committee Room 2 at the Council House, Dudley
Present:-
Councillor C Hale (Chair) Councillors N Barlow, K Casey, K Finch, S Henley, Z Islam, M Miller, S Phipps, N Richards, D Russell, E Taylor.
Officers
A Sangian (Senior Policy Analyst – People Directorate) and K Buckle (Democratic Services Officer – Resources and Transformation Directorate).
Also in Attendance
Ms Marsha Ingram – Dudley and Walsall Mental Health Partnership Trust Ms Rosie Musson – Dudley and Walsall Mental Health Partnership Trust Mr Derek Eaves – Dudley Group NHS Foundation Trust (DGNHSFT) Ms D Wardell – Dudley Group NHS Foundation Trust (DGNHSFT) Mr N Bucktin – Dudley Clinical Commissioning Group. Mr C Barron – Healthwatch Dudley.
42. Apologies for Absence
Apologies for absence from the meeting were submitted on behalf of Councillors M Attwood and A Goddard and P Bradbury.
43. Appointment of Substitute Members
It was reported that Councillors N Barlow and P Miller had been appointed to serve in place of Councillors M Attwood and A Goddard respectively and C Barron had been appointed to serve in place of P Bradbury for this meeting of the Committee only.
44. Declarations of Interest
No Member declared an interest in any matter to be considered at this meeting.
45. Minutes
Resolved
That the minutes of the meeting of the Health Scrutiny Committee held on 21st January, 2016 be approved as a correct record and signed.
HSC/34
43
46. Public Forum
No issues were raised under this agenda item.
47. National Health Service (NHS) Quality Account
Quality account summary reports were submitted from the Dudley Group NHS Foundation Trust and the West Midlands Ambulance Service NHS Foundation Trust.
The Dudley Group NHS Foundation Trust
Arising from the presentation of the report submitted Members asked questions, raised concerns and made suggestions and representatives from the Dudley Group NHS Foundation Trust responded as follows:-
• The issues raised following the Friends and Family Test in relation to the outpatient service referred to waiting times and in particular patients wanting information in relation to the length of time they would have to wait. It was noted that in order to resolve issues, boards were now in situ advising of waiting times and it was proposed to also introduce a LED screen system which would display waiting times. • Further concerns had been raised regarding inadequate gowns and as a result these had been improved to produce more coverage. • Issues in relation to the information contained in outpatient appointment letters had now been addressed with letters being re-worded and the signage around the hospital following the introduction of the new Urgent Care Centre had been updated.
Measures taken to improve services including consultations were outlined as follows:-
• Launching a project investigating the possibility of the introduction of telephone clinics and clinics outside the hospital environment, together with a consultation with parents and Governors of the Trust with regard to the possibility of introducing such clinics.
• Introduction of a “One Stop Clinic” which had resulted in patient times being reduced as patients received their results on the same day as their initial consultation.
• That consultations had taken place at the Annual General Meeting which was attended by approximately 40 to 50 members of the public, flyers were handed out and there had been a presentation on the Quality Account when ideas and suggestions were invited from members of the public and the Trust Governors met regularly to investigate any themes and trends in relation to patients complaints.
HSC/35
44 • That the inclusion of suggestions to improve services were included on the Questionnaire which could be completed on the Trust’s website.
Regarding infection control, work had been conducted with multidisciplinary teams which had resulted in changes to normal practices, including assessing patients who were at greater risk, focusing on those who had a cannula fitted, with those patients being monitored with a view to removing the cannula as soon as practicably possible, in order to avoid exposure to the risk of infection and the new systems of monitoring as referred to above were being shared at learning events.
Details in relation to work to improve awareness regarding infections such as MRSA and Clostridium difficile including work through General Practices and community services were referred to.
In relation to in-hospital deaths and the specialist multidisciplinary review which would take place within a twelve week period following the death, details in relation to the review process were referred to including ascertaining whether any treatment was missed with all care providers being investigated in order to ascertain whether the care was adequate, better than adequate or optimal and if the death could have been preventable the review would be escalated to the Medical Director with a further review focusing on the changes that were required to address the issues raised.
Following a query raised regarding detailed figures in relation to responses received from the Friends and Family tests, D Eaves undertook to provide Members with response rates including percentages across all Departments.
In relation to pressure ulcers, it was noted that all patients were assessed once they were admitted and detailed figures would be available in the final Quality Account both in relation to the number of patients that developed pressure ulcers and the number of those that were avoidable and every pressure ulcer case underwent a root cause analysis process, which examined all care in order to establish whether care had been provided to the requisite standard and the Clinical Commissioning Group also conducted an independent review.
It was further noted that details of pressure ulcers would only be conveyed to a patient’s next of kin should a patient not have mental capacity or specifically request that the information be shared.
The Chair requested that further information be included in the final Quality Account in relation to how may in-hospital deaths had been determined to be avoidable together with detailed reasons including a breakdown of the Root Cause Analysis.
In relation to nutrition and hydration auditing, the national tool used throughout the National Health Service was referred to, which was evidence based with many Trusts using the same tool which involved obtaining data in respect of ten patients from each Ward, as an indicator which provided a snapshot on a number of patients.
HSC/36
45
In relation to mortality issues and age groups it was noted that as part of the review following an in-house hospital death any patient trends would be reviewed and ultimately those trends would be reported in the final Quality Account.
Regarding the pressure ulcers review targets those had been set as no greater than the preceding year, given the increasing admission of frail elderly people and it was a great achievement to meet the target given the increase in admissions.
In relation to the two cases of MRSA, following the review both cases had occurred as a result of the removal of the patient’s cannula sooner rather than later.
That looking ahead in relation to the targets for nutrition and hydration resulting in some areas that were not consistent with the future target of 93% in all Wards, this was in relation to replacement boards that had now been installed behind beds in order that nursing staff with could update dietary requirements for certain patients with special dietary requirements.
Following Members being invited to provide the Trust with suggestions in relation to prioritisation of quality priorities for 2016/17, the Chair suggested that pressure ulcers and infection control should be prioritised.
West Midlands Ambulance Service NHS Foundation Trust
Following further discussion A Sangian, Senior Policy Analyst was requested to collate Members comments and suggestions in relation to the Quality Accounts 2015-16 update and forward those to the West Midlands Ambulance Services NHS Foundation Trust.
It was noted that the final Quality Accounts would be considered at a future meeting of the Committee.
A Sangian, Senior Policy Analyst was requested to advise report authors of the requirement to provide a glossary of acronyms for each report submitted to future meetings.
Resolved
That the information contained in the reports, submitted on the Quality Account relating to the Dudley Group NHS Foundation Trust and the West Midlands Ambulance Service NHS Foundation Trust, be noted.
The meeting ended at 7.25 p.m.
Chair
HSC/37
46 Minutes of the Resources and Transformation Scrutiny Committee
Monday 7th March, 2016 at 6.00 p.m. In Committee Room 2, The Council House, Dudley
Present:
Councillor D Blood (Chair) Councillor B Cotterill (Vice-Chair) Councillors S Anderton, C Baugh, S Clark, T Herbert, P Miller, M Rogers, E Taylor and Q Zada
Officers:
K Jackson (Acting Chief Officer Health and Well-being) – Lead Officer to the Committee for this meeting only, M Williams (Chief Officer Corporate and Customer Services), S Beckett (Head of Revenue and Benefit Service), C Ludwig (Finance Manager) and K Griffiths (Democratic Services Officer) – Directorate of Resources and Transformation
32 Welcome
The Chair welcomed all those present to the meeting and introduced Council officers.
33 Apology for Absence
An apology for absence from the meeting was received on behalf of Councillor M Mottram.
34 Declarations of Interest
No declarations of interest, in accordance with the Members’ Code of Conduct, were made in respect of any matter to be considered at this meeting.
35 Minutes
Resolved
That the minutes of the meeting of the Committee held on 19th January, 2016, be approved as a correct record and signed.
RT/33
47
36 Public Forum
There were no issues raised under this agenda item.
37 Welfare Reform Update
A report of the Strategic Director Resources and Transformation was submitted updating the Committee on developments relating to welfare reforms since the previous reports in June 2015 and September 2015.
The Finance Manager gave an overview of the report briefly highlighting information that the Committee had received since September 2015, and updating them on a number of government announcements relating to welfare reforms, including the Chancellor’s Autumn Statement as well as the progress of the Welfare Reform and Work Bill through Parliament.
The Finance Manager highlighted key areas, which included statistical information and charts in relation to the following:-
• Local context. • Update on claimant numbers and geographical distribution. • Universal Credit update. • Benefit Cap. • Local Housing Allowance rate for social housing benefits. • Discretionary Housing Payments. • Further changes to tax credit and benefit. • Future Developments. • Map of Dudley showing the 2015 Index of Multiple Deprivation by LSOA 2011. • Universal Credit and rollout. • Examples of households affected by the benefit cap.
A copy of the presentation was circulated to Members with the agenda papers and a copy was available on the Committee Management Information System (CMIS).
Following the presentation by the Finance Manager, Members asked questions and made comments, summarised as follows:-
RT/34
48 • Considerable concern was raised in relation to the proposed changes and the long term impact on residents. Specific reference was made to Appendix 1, a map outlining the 2015 Index of Multiple Deprivation and it was queried how the proposed changes would benefit the areas highlighted as the most deprived and bring them out of poverty. In responding, the Finance Manager indicated that detailed contextual work had been carried out, which included a range of elements that had been considered to measure deprivation in the Borough. She offered to circulate a document to Committee Members which outlined information and various factors that had been considered.
• In referring to the timeframe when improvements would be witnessed, a Member expressed concern in relation to the impact on the most vulnerable residents in the Borough and referred to the potential difficult decisions such residents may be forced to take, which could potentially lead to adverse health issues. It was acknowledged that methods needed to be put in place to help residents most at risk. It was suggested that an update/progress report be submitted to a future meeting of the Committee.
• Members referred to specific wards affected by deprivation and issues associated with Government regulations and funding systems and the need for a long term strategy working in partnership with all relevant agencies to address the long standing issues and achieve culture change.
• Concerns raised in relation to unemployed residents potentially receiving benefits in excess of earnings for residents that were employed. Although it was acknowledged that unemployment figures were reducing, concerns were expressed over longstanding problems in relation to families receiving benefits due to various reasons in particular areas and the need to encourage people into employment.
A Member expressed his disappointment that employment figures for wards in the Borough had not been circulated to the Committee despite assurances being given. He stated that no documentation had been submitted showing evidence that employment figures had reduced, however, acknowledged that a co-ordinated approach was required to improve deprivation in various wards of the Borough. The Chair undertook to personally contact an appropriate officer with a view to circulating a breakdown of employment figures to Members of the Committee.
A Member referred to the work carried out by the former Community Renewal Team on deprivation in the Borough and suggested that an annual report be prepared which included information and figures on deprivation in the Borough.
RT/35
49 • Concern in relation to the lack of incentives and employment opportunities to encourage benefit claimants into work.
• Budgetary issues relating to the expenditure and availability of discretionary housing payments. Issues raised in relation to 2016/17 Discretionary Housing Payment (DHP) allocation set by Central Government and the “top up” allocation that the Council may use to support claimants up to a maximum budget of 2.5 times the government allocation. It was reported that DHPs were intended to be used as a short term remedy for claimants who had a shortfall in benefit relating to their housing costs. The expectation was that claimants changed their circumstances for example by getting work or moving to a smaller or cheaper home. However, it was acknowledged that DHP awards had been provided for a lengthy period to a number of claimants.
The Chief Officer Corporate and Customer Services referred to the Policy that outlined the full criteria and conditions in relation to who was eligible to receive DHP. He undertook to circulate the link to all Members of the Committee.
• Problems were identified with the demand and lack of availability of certain properties should people wish to downsize their property. Whilst it was acknowledged that a number of properties were currently being developed, a Member indicated that residents should not be penalised by having to pay “bedroom tax” when smaller properties were not available. The Finance Manager acknowledged the concern raised and indicated that this particular area was one when DHP were used, however claimants would have to undertake a “means test” and be successful prior to any award being given.
Mention was made to the possibility of re-designating two bedroom flats into one bedroom flats, however it was reported that cases would need to be considered on a block basis rather than individual cases, which would inevitably penalise some residents.
In referring to the personal circumstances of a resident in a particular area affected financially with housing arrears, the Finance Manager requested details following the meeting.
• Concerns raised in relation to the future developments included in the Housing and Planning Bill and the proposed introduction of fixed term tenancies of no more than five years and the implications for tenants.
Resolved
(1) That the report and information contained in the appendices be noted.
(2) That employment figures for various wards in the Borough be e-mailed to all Members of the Committee.
RT/36
50 (3) That the Policy in relation to DHP be circulated to all Members of the Committee.
38 Local Welfare Assistance Scheme
A report of the Strategic Director Resources and Transformation was submitted following a request from the Scrutiny Committee at its meeting on 19th January, 2016 on an alternative option that was necessary to accommodate proposed changes to funding for the Local Welfare Assistance Scheme (LWA) from 2016/17 onwards.
A copy of the report was circulated to Members with the agenda papers and a copy was available on the Committee Management Information System (CMIS).
The Head of Revenue and Benefit Services gave a brief overview of the report highlighting progress on an alternative option to provide the provision of the LWA scheme currently operated by Dudley MBC.
It was reported that all necessary preliminary meetings had now taken place with appropriate agencies in relation to providing the facility. These agencies were currently discussing working practices, problem resolutions and determining the future approach and priorities with their counterparts in Wolverhampton.
Whilst officers were confident that preliminary discussions had been positive and considered that the alternative option was the best solution to continue to provide the LWA scheme, it was reported that it was unlikely that a replacement LWA scheme would be in place by 1st April, 2016. However, it was reported that arrangements had been made for the LWA scheme to continue in its current format for a temporary period.
Following the presentation by the Head of Revenue and Benefit Services, Members asked questions and made comments, summarised as follows:-
• A lengthy discussion took place on the importance of providing the LWA scheme and its benefits, however, Members expressed their disappointment that a replacement scheme had not been put in place prior to budget proposals being approved and questioned the delay. In responding, the Head of Revenue and Benefit Services apologised for the delay and indicated that the work involved in relation to identifying an alternative option had been very challenging. He was confident that discussions regarding the detail of how the scheme would be operated in future and solutions to overcome any potential underlying issues would now progress rapidly.
RT/37
51 • A Member queried the percentage of funding used from the LWA budget to pay staff salaries. Members expected that, when the facility was transferred to third party organisations, the full budget should be used solely on the services offered. The Head of Revenue and Benefit Services outlined the current overhead costs in administering the LWA scheme, however he indicated that although he believed that overhead costs would not be eradicated, he expected that these would drastically reduce in future should the facility be transferred to third party organisations.
The Head of Revenue and Benefit Services indicated that Adult Services were currently in the process of undertaking a corporate review of Council service level agreements with the Citizens Advice Bureau (CAB) and associated funding and service priorities. The review would assist in managing proposed efficiencies in various areas relating to CAB funding and ensure that future priorities were identified and make sure that the majority of the LWA scheme fund would be used to facilitate the scheme, with a small amount being used on administration costs.
The overall consensus of the Committee was that the full budget should be used solely on the services offered by the LWA Scheme.
• Members continued to express disappointment that an alternative scheme had not yet been approved and expressed concern should the third party organisations decide not to provide the LWA scheme.
In referring to the proposals set out in the Medium Term Financial Strategy approved by full Council, it was reported that Cabinet Members identified the proposal to reduce the LWA budget to £100,000 in 2016/17 with the budget being deleted in 2017/18 on the basis that the facility was discretionary and would best be delivered by third sector organisations. It was noted that unforeseen circumstances had delayed the process, however it was stated that whilst further discussions were being held to finalise the details of the LWA scheme, Dudley MBC’s current scheme would continue.
• Reference was made to the role of the Scrutiny Committee and the need to achieve cross-party consensus on issues of this nature wherever possible.
• A suggestion was made by a Member to approach The Trussell Trust with a view to seeking support and to provide crisis loans. The Head of Revenue and Benefit Services indicated that the CAB worked in partnership with the Black Country Food Banks and provided food vouchers to people in crisis.
RT/38
52 In concluding, the Head of Revenue and Benefit Services again apologised for the delay and agreed that a report would be submitted to a future meeting of the Committee.
Resolved
(1) That the Committee note the contents of the report submitted; the proposal to review provision of the scheme from 2016/17 onwards and the issues raised at the meeting as summarised above.
(2) That a further report to update Members on the Local Welfare Assistance scheme be submitted to a future meeting of the Committee.
39 Comments by the Chair
The Chair reported that Mike Williams, Chief Officer Corporate and Customer Services would shortly be leaving the Council’s service. The Committee paid tribute to Mr Williams for his service to the Council and expressed its best wishes for the future.
The Chair reported that he would not be seeking re-election in May and expressed gratitude to officers and Members of the Committee for their friendship, support and commitment to the Committee. Tributes were paid to the Councillor D Blood and the Committee expressed best wishes for the future.
Councillors C Baugh and T Herbert both reported that they would not be seeking re-election in May. Tributes were paid to the retiring Members and the Committee expressed best wishes for the future.
The meeting ended at 7.25 p.m.
CHAIR
RT/39
53
Minutes of the People Services Scrutiny Committee
Thursday 10th March, 2016 at 6.00 pm in Committee Room 2 at the Council House, Dudley
Present:
Councillor M Mottram (Chair) Councillor M Attwood (Vice-Chair) Councillors C Baugh, R Body, P Bradley, A Goddard, C Perks, D Vickers; Mr A Qadus and Reverend A Wickens.
Officers:
M Williams - Chief Officer Environmental Services (Lead Officer) (Place Directorate); T Oakman – Strategic Director People, D Fishbourne – Interim Lead for Education Outcomes, M Joseph – Interim Chief Officer Children’s Services, R Clayton – Chair Safeguarding Board, G Earney – Interim Lead Secondary Adviser, H Ellis – Head of Family Solutions, Chief Superintendent R Fisher – West Midlands Police, J Price – Senior Early Years Adviser, S Roach – MASH Lead (People Directorate) and H Shepherd - Democratic Services Officer (Resources and Transformation Directorate).
34 Apologies for absence
Apologies for absence from the meeting were submitted on behalf of Councillors N Barlow, D Hemingsley and G Simms.
35 Appointment of a Substitute Member
It was noted that Councillor A Goddard had been appointed as a substitute member for Councillor N Barlow, for this meeting of the Committee only.
36 Declarations of Interest
No member made a declaration of interest in accordance with the Members’ Code of Conduct.
37 Minutes
Resolved
That, the minutes of the People Services Scrutiny Committee meeting held on 28th January, 2016, be approved as a correct record and signed.
PS/ 27 54
38 Public Forum
No issues were raised under this agenda item.
39 Dudley School Improvement Alliance Delivery Plan
A report of the Strategic Director People was submitted on the School Improvement Delivery Plan.
The Interim Lead for Education Outcomes presented the report and outlined the purpose for the establishment of the School Improvement Alliance and stated that it was the Alliance’s role to identify what could and would help achieve improved education outcomes in all type of Schools across Dudley.
In presenting the report the Interim Lead for Education Outcomes referred to the three key priorities that had been identified:- • Leadership and management, including Governance • Pupil Premium and closing the gap • Mathematics
It was stated that working parties for each individual priority had been established to consider targets and objectives which would be incorporated into the School Improvement Delivery Plan and that the final version of the Delivery Plan would be available shortly.
In response to a question raised by a Member, the Interim Lead for Education Outcomes confirmed that the School Improvement Alliance Delivery Plan would have clear links to Dudley’s Values and Behaviour Framework, a copy of which would be circulated to Members following the meeting.
In response to a further question raised, the Interim Lead for Education Outcomes stated that a central budget was held by the Local Authority to assist schools that were categorised by Ofsted as being in special measures or Schools causing concern and to ensure that statutory obligations were fulfilled. However, due to substantial cuts in grant allocations this budget had been significantly reduced.
A member commented on the pupil premium funding and the perception that children in receipt of free school meals did not perform academically and how this inaccurate perception could be tackled. The Interim Lead for Education Outcomes confirmed that pupil premium funding was based on free school meal eligibility rather than prior attainment. She expressed the need for parents who were eligible to receive free school meals to continue to apply for this provision, despite the universal infant free school meals provision, as this impacted upon pupil premium funding allocated. It was stated that Schools in receipt of pupil premium funding were held accountable to demonstrate pupil improvement and to identify how the additional money had been spent in trying to ‘close the gap’ between this group and non pupil premium peers.
PS/ 28 55 In response to a further question raised, the Interim Lead for Education Outcomes stated that Schools and Children Centres all held information on the eligibility criteria for Free School Meals, which was promoted to parents, however, some parents found it difficult, for their own personal reasons, to apply and accept the benefit, even though it was for the benefit of their children.
Arising from a question raised with regards to how poor governance in the borough could be improved, the Interim Lead for Education Outcomes stated that the Local Authority had the power to remove a Governing Body if it was considered not to be performing or achieving the statutory requirements. Training for all Governors would be reviewed and collaborative working with the National College had commenced through a National Leader of Governance. The Local Authority also clerked Governing Body meetings, which helped identify early on if there was a problem with the Governance at a particular School.
Resolved
(1) That the information contained in the report in respect of the work of the School Improvement Alliance through its Delivery Plan across Dudley, be noted and endorsed and further updates be provided to future meetings of the People Services Scrutiny Committee.
(2) That a copy of Dudley’s Values and Behaviour Framework be circulated to Members following the meeting.
40 Schools Standards Report 2015 (Primary and Secondary)
A report of the Strategic Director People was submitted for Scrutiny Committee Members to note the standards of attainment and progress across Dudley Primary and Secondary Schools in 2015.
The Interim Lead for Education Outcomes presented the report and stated that to ensure transparency and for Members to be kept informed, a similar report would be submitted, on an annual basis, to future meetings of the People Services Scrutiny Committee for consideration.
In presenting the report, the Interim Lead for Education referred to paragraphs of specific importance and made particular reference to:-
• The improvement achieved in the level of development in Early Years provided in Dudley, however, this sector had also improved nationally and therefore the gap between Dudley and the national average had widened.
• Key Stage One continued to improve and was in-line with national levels, however, it was Dudley’s objective to exceed the national level and not to settle for average.
PS/ 29 56 • There was a positive picture for Key Stage Two, in that the quality of Schools had improved with the majority achieving a rating of ‘Good’ from Ofsted, however Dudley had fewer schools rated ‘Outstanding’ than the national average and this was the target that schools should be aiming to achieve.
• The proportion of pupils attaining Level 4 had improved and was equal to national levels and had exceeded the levels set regionally.
The Interim Lead for Education Outcomes referred to ‘challenge visits’ that had been implemented in both maintained and non-maintained schools to discuss standards and confirmed that Officers had visited 17 secondary schools out of 20 within the Borough during the last term. She also stated that at least two schools had been identified as potential ‘coasting’ schools and discussions had been had with these schools to address the issues.
A member expressed his disappointment in the figures presented, but welcomed the honest information that had been provided.
Arising from a question raised, the Interim Lead for Education Outcomes confirmed that since the publication of the report, a fourth primary school had been categorised by Ofsted as in special measures. It was stated that the Head teacher of that School had since left and its governing body had been replaced by an Interim Executive Board. Thorough and robust improvement plans had been developed, in consultation with Ofsted, for all four schools. The Local Authority, under its new regime, was working in close partnership with all four schools to develop good leadership, management and governance. One of the Schools identified as being in special measures was due to be re-inspected following the Easter break.
In response to positive comments expressed by a member with regards to a Head teacher within their ward and the positive impact they had had on the School and the community, the Interim Lead for Education Outcomes confirmed that it had been identified that Head teachers who were involved within their community and had good communication with their parents, received far fewer complaints and played a key role in enabling the school to thrive.
In response to a request made by the Worcester Diocesan Board of Education Representative, the Interim Lead for Education Outcomes agreed for data from the previous three years to be included in all future reports so that trends and comparisons could be made.
In responding to questions raised with regards to how many excluded pupils were from the Black, Minority and Ethnic community and what measures were being put in place to reverse the trends, the Interim Lead for Education Outcomes stated that she would circulate the figures with regards to the number of exclusions together with a breakdown of ethnicity. It was also stated Dudley’s Exclusion Officer was of an excellent calibre and worked extremely hard to ensure that no child fell through the net and that each individual continued to be educated in either another mainstream school or alternative provision.
PS/ 30 57 Discussion was had with regards to the increase in Primary pupil exclusions in particular that there was a need for additional social, emotional and mental health provisions within the Borough to assist with the issue and to help develop preventative mechanisms. It was confirmed that there were two short stay pupil referral units in Dudley and that a Special Educational Needs and Inclusion strategy was currently being developed.
In response to a further question raised, it was stated that the Local Authority had an obligation to ensure that parents who had chosen to educate their children at home were providing the correct level of education and checks were undertaken to ensure this was the case.
Resolved
(1) That the information contained in the report in respect of the standards of attainment and progress across Dudley Primary and Secondary Schools in 2015, be noted.
(2) That the total number of exclusions for 2015 and a breakdown of the ethnicity of those excluded, be provided by the Interim Lead for Education Outcomes following the meeting.
41 Update on the Development of the Dudley Multi-Agency Safeguarding Hub
A report of the Interim Chief Officer Children’s Services was submitted to provide an update on the development of the Dudley Multi-Agency Safeguarding Hub (MASH).
The MASH Lead Officer presented the report and provided members with the background to the MASH; outlined the agencies involved in the MASH and provided an update on the current progress position with regards to accommodation, information governance and ICT issues.
It was stated that funding from the Dedicated Schools Grant to support a MASH Schools Advisor post had been refused by the Secretary of State, despite having the full support of Dudley Schools Forum. Members were advised however that some additional funding to support the appointment of an Education Liaison Officer had been identified and this post would be advertised shortly.
Following the presentation of the report, Members commented positively to the progress made in developing the MASH and implementing the single point of access. A member expressed his concerns with regard to the proposed ICT system and the identified risks with different ICT packages being integrated and the transition from Children to Adults.
PS/ 31 58 The Strategic Director People confirmed that lengthy consideration had been given to the implementation of the MASH and it was decided that to ensure a smooth transition it would be beneficial for it to be implemented in two stages, stage one would be for children and stage two for adults. It was also stated that although Dudley was one of the last authorities to implement a MASH, this had been to the benefit of Dudley as they were able to learn from other authorities experiences.
In responding to a question raised with regards to the awareness of the MASH, the Interim Chief Officer Children’s Services stated that original contact details for MASH services would remain the same and the telephone number for the single point access would continue to be operated. One of the advantages to the implementation of the MASH would be that the Child Sexual Exploitation team, the Domestic Abuse Response Team and Missing would operate from the same location so that when a concern was raised all the appropriate professionals would be located in one room. It was considered that this would assist with services providing a consistent approach and would not impact on the referral but provide a better and consistent response. It was stated that all feedback that had been received since the implementation of the single point of access had been positive.
In response to a comment made, the Strategic Director People confirmed that all calls and enquiries received via the MASH would be monitored, which had not been the case in previous years. Members were reminded that the MASH was not a call centre and did not receive thousands of calls on a daily basis. Calls would only be received when a resident, family member, teacher or other professional had a genuine safeguarding concern, therefore calls would be managed and dealt with promptly.
The Strategic Director People stated that the establishment of the MASH was the beginning of a big transformation for Children’s Services and focus had been given to getting MASH implemented, however, there was still a lot of work within Children’s Services that needed to be done.
Arising from a question raised by a Member, the Strategic Director People confirmed that all agencies were experiencing financial difficulties, however providing an efficient and effective service did not just require money, but smarter ways of working. He expressed his disappointment with regards to the request for funding being refused by the Secretary of State to fund the proposed MASH post, however other funding avenues were now being explored.
The Strategic Director People suggested that Members may wish to visit the MASH centre once it was in operation to get a more in-depth understanding of the service and processes and requested that Members contacted him direct so that visits could be arranged.
Resolved
(i) That the information contained in the report in respect of the development and implementation of the Multi Agency Safeguarding Hub (MASH), be noted and endorsed.
PS/ 32 59 (ii) That further updates on the implementation, in order to ensure the safeguarding of children and young people in Dudley, be provided to future meetings of the People Services Scrutiny Committee.
42 Child Sexual Exploitation – Dudley
A report of the Interim Chief Officer Children’s Services was submitted to provide an update on the Child Sexual Exploitation developments in Dudley.
The Head of Family Solutions presented the report and highlighted the national, regional and local context and outlined the importance of not working in isolation. She stated that Dudley formed part of the West Midlands Regional Child Sexual Exploitation Strategic Group, working collaboratively with neighbouring authorities to develop a regional child sexual exploitation framework and action plan.
She stated that the awareness of child sexual exploitation was taken very seriously by Dudley, with strong objectives and zero tolerance within the Borough. Keeping children safe was a Safeguarding Board priority and to ensure effective co-ordination of child sexual exploitation, a dedicated Child Sexual Exploitation team was developed in September 2015, comprising of an array of professionals.
It was proposed for the Child Sexual Exploitation team to be relocated with the Multi Agency Safeguarding Hub so that all referrals and concerns would be submitted to a single point and that all relevant professionals would be available on one site.
The Head of Family Solutions referred to the dedicated Child Sexual Exploitation co-ordinator post and stated that funding on a permanent basis had now been secured and the post would be advertised shortly.
It was stated that with regards to missing children, which is currently managed through the Runaway project, it was proposed that this would be incorporated into the Child Sexual Exploitation team responsibilities to ensure that each missing child case was assessed against the Child Sexual Exploitation risk indicators.
The Head of Family Solutions referred to the clear child sexual exploitation framework and procedures that had been developed at Dudley, which were updated on a regular basis to ensure that they incorporated any relevant national and regional changes.
With regards to raising awareness, the Head of Family Solutions stated that a lot of work had been undertaken in promoting awareness of child sexual exploitation, including multi agency training with partner agencies; identifying early prevention mechanisms; the transition into adulthood protocol; training and awareness courses for licensing and taxis firms and the development of a positive working relationship with the voluntary sector.
PS/ 33 60 Chief Superintendent Fisher then provided an outline of child sexual exploitation from a Police perspective, stating that it was on the top of everyone’s agenda and that police resources dedicated to deal with the work described had been identified.
He referred to the work that had been undertaken in raising awareness, and made particular reference to the work undertaken with hotels and reported that positive feedback and outcomes had been received from hotel staff who were now challenging and preventing possible perpetrators.
In referring to the prosecution process for perpetrators it was considered that there was further work to do be done in this area, however assessments were required to ensure proportionality and reasonableness was implemented, as not all cases would be considered a risk and could be a genuine relationship between two people.
Arising from the presentation of the report, Members asked questions, made comments and responses were given when appropriate:-
• The issue with regards to neighbouring Local Authority Taxi Groups working together to promote Child Sexual Exploitation awareness and to provide consistent training to taxi drivers across the West Midlands, would be raised at the next West Midlands Regional Child Sexual Exploitation Strategic Group meeting.
• That the 12 children classified as at ‘serious risk’, each had individual support plans developed and meetings were held on a fortnightly basis to discuss each case. It was stated that risk assessments for children that were looked after and placed outside of the Borough were completed to ensure that a child was not being placed in an identified hotspot and although challenging, the Local Authority did all it could to prevent the perpetrator from locating the victim.
• Irrelevant of the race of a perpetrator, Child Sexual Exploitation would not be tolerated and appropriate action would be taken upon a reported incident.
Resolved
That the information contained in the report in respect of the development of the Child Sexual Exploitation Strategy, be noted and endorsed.
43 Dudley Safeguarding Children Board Annual Report 2014-2015
A report of the Interim Chief Officer Children’s Services was submitted on the Annual Report of the Dudley Safeguarding Children Board 2014-2015 (DSCB).
PS/ 34 61 The Independent Safeguarding Chair presented the report and apologised for the delay in submitting the document. He outlined the national context of the report with regards to the requirement for all local authorities to establish a Local Safeguarding Children Board and what the Board’s key objectives were.
Resolved
That the information contained in the report in respect of the Annual Report of the Dudley Safeguarding Children Board 2014-2015, be noted.
44 Comments made by the Chair
The Chair and Members of the Scrutiny Committee expressed their best wishes to Roger Clayton on his retirement and thanked him for the work that he had done in relation to Safeguarding.
The Chair and Members of the Scrutiny Committee also referred to Councillor C Baugh, who would be standing down as a Councillor in May, 2016, and expressed their appreciation to him for his work on the Committee.
As this would be the last meeting of the People Services Scrutiny Committee for the 2015/16 municipal year, the Chair thanked all Officers that had been involved and for the informative meetings that had taken place.
The meeting ended at 8.25 pm.
CHAIR
PS/ 35 62 Minutes of the Overview and Scrutiny Management Board
Tuesday 1st March, 2016 at 6.00 p.m. at the Council House, Priory Road, Dudley
Present:
Councillor D Tyler (Chair) Councillor K Jordan (Vice-Chair) Councillors S Ali, A Finch, C Hale, P Harley, L Jones, P Miller, E Taylor and R Scott-Dow
Officers:
P Coyne Chief Officer, Planning and Economic Development – Lead Officer to the Board; T Oakman, Strategic Director People; M Wooldridge (Principal Policy and Performance Management Officer), K Jesson (Service Partner, Human Resources) and M Johal (Democratic Services Officer)
41 Apologies for Absence
Apologies for absence from the meeting were submitted on behalf of Councillors D Blood and S Tyler.
42 Appointment of Substitute Member
It was reported that Councillor P Miller had been appointed as a substitute Member to serve in place of Councillor D Blood for this meeting of the Board.
43 Declarations of Interests
No Member declared an interest in accordance with the Members’ Code of Conduct in respect of any of the items to be discussed at this meeting.
44 Minutes
Resolved
That the minutes of the meeting held on 24th November, 2015, be approved as a correct record and signed.
45 Public Forum
There were no issues raised under this agenda item.
OSMB/26 63
46 Quarterly Corporate Performance Report
The Board considered a report of the Chief Executive on the third quarterly corporate performance report for the period 1st October 2015 to 31st December, 2015.
In presenting the report the Principal Policy and Performance Management Officer displayed the Appendix to the report electronically.
Following the presentation of the report Members asked various questions and response were given to include the following:-
Section 3 (One Council, building an effective and dynamic organisation) • Performance Indicators (PI)418, PI361and PI362 – Reference made to sickness absence and the process for covering staff and associated costs was queried. Also the reasons as to why quarter 3 showed a worsening trend in all sickness categories.
In responding it was reported that Temp Solutions (the Council’s bank of casual staff) were used to cover certain roles such as waste operatives. However, due to flexible working arrangements existing staff were able to cover other duties.
It was explained that quarter 3 sickness figures tended to depict a worsening trend as it covered the winter period.
The Service Partner (Human Resources) undertook to respond in writing to Members on specific questions relating to costs arising from using bank staff in the past twelve months including figures to show usage rate.
Section 3 (Stronger and Safer Communities) • Members commented on consistent improvements relating to Children’s Services and thanked the Strategic Director People and his team for their efforts and achievements.
The Strategic Director People reminded the meeting of the recent Ofsted inspection that had taken place over four weeks in January and that the report was still awaited. However, it was pointed out that despite progress made there was still a considerable amount of improvement work which needed to be undertaken by the Council and partners.
• PI434 – The Principal Policy and Performance Management Officer stated that this indicator would have been on target based on the original target, however due to improvements in performance a more challenging target had been set midyear hence the score against target remained below target with an improving trend.
OSMB/27 64 • PI501 – In responding to the reasons as to why this indicator showed a worsening trend the Strategic Director People stated that differentials were small and marginal and a clear reason could not be identified. However, Members were assured that should a worsening trend continue information would be “drilled down” to determine its cause.
• PI507 – The Chair of Health Scrutiny Committee stated that the Committee would be considering a report at its next meeting relating to delayed transfers of care and he indicated that the issue would be considered in detail. The matter overlapped with the above indicator (PI501) and discussions at the Scrutiny meeting may identify factors contributing to negative trends.
• PI730 – Queried who set targets in respect of this indicator and it was also commented that there was a need to promote the health check facility to enable early detection and prevention of ill health.
In responding it was stated that targets were local targets set in partnership with the Council’s Public Health Team and the Clinical Commissioning Group. It was explained that General Practitioners (GP’s) sent out letters to all patients over the age of fifty five asking them to attend a health check, and of these, 53% pursued the offer.
Section 3 (Growing the economy and creating jobs) • PI863 – This indicator gave an overall picture of the percentage of children attending a good or outstanding school but did not provide information relating to individual schools that were under performing and required support particularly in deprived areas.
The Strategic Director People indicated that a breakdown of the information could be provided if necessary. However, it was stated that a report on improving education standards would be submitted to a future meeting of the Cabinet and he briefly explained the contents of the strategic plan.
• The Chair referred to a cohort of people in various age ranges that were unemployed for reasons such as being made redundant and that they were not accounted for as they did not fit into any of the sub-categories and they were unable to apply for Job Seekers Allowance.
Resolved
That the quarterly corporate performance report for the period 1st October 2015 to 31st December 2015, be noted.
OSMB/28 65
47 Mayor and Deputy Mayor – Protocols for Nominations and Associated Issues
A report of the Strategic Director Resources and Transformation was submitted on a review of the arrangements concerning nominations for the appointment of the Mayor and Deputy Mayor and associated issues.
Arising from the presentation of the report Members made comments to include the following:-
• A lengthy discussion on the casting vote ensued and it was debated whether the right to exercise a second or casting vote should continue or be removed. The need to adopt a local convention concerning the casting vote was also considered.
• It was considered that the longest serving Member should be given the opportunity of being the Mayor.
• The “status quo” position should remain and following the elections the Group Leaders should meet with a view to discussing the matter further.
• There was a need to review the protocols as it was unfair on the Deputy Mayor should there be a change in political control.
• Reference was made to paragraph 4 of the report and it was considered that details relating to the research as referred to should have been included in the report.
Arising from further discussion and upon being put to the vote it was:-
Resolved
That the Council be recommended to maintain the current position with regard to protocols relating to the Mayor and Deputy Mayor.
48 Review of Council Debates Protocols
A report of the Strategic Director Resources and Transformation was submitted on a review of the protocols for Council Debates.
Arising from the presentation of the report Members made comments to include the following:-
• The debates were not meaningful as there were no conclusions or decisions.
• Attendance at debates and outcomes of debates was queried together with associated cost implications. It was also queried whether there had been any impact on Council policies.
OSMB/29 66 • Reference was made to the Overview and Scrutiny Management Board’s two day hearing and the excellent scrutiny that had taken place involving witnesses being summoned and detailed questioning. It was considered that this type of scrutiny should be combined with Council debates to enable them being more meaningful and to have a greater impact.
• A Member was of the view that reports should be submitted to Council Debate meetings.
• A suggestion was made to incorporate Council Debates with full Council Meetings and allocating an hour on the agenda to debate issues. This would improve attendance as Members would already be present. Another Member was of the view that debates should be kept separate as some people may not feel comfortable speaking in a formal environment.
Resolved
(1) That the protocols for Council debates, as set out in the Appendix to the report submitted, be reaffirmed.
(2) That the Council be recommended to include provision for Council Debates in the municipal calendar for 2016/17.
(3) That a further review be undertaken in September, 2016 and a further report be submitted to the Board on feasible options in line with comments made above.
49 Annual Report of the Overview and Scrutiny Management Board 2015/16
A joint report of the Strategic Director Resources and Transformation and the Lead Officer to the Board was submitted on the annual report of the Overview and Scrutiny Management Board for 2015/16.
Resolved
(1) The annual report of the Overview and Scrutiny Management Board for 2015/16 be received and noted.
(2) That the Strategic Director Resources and Transformation, following consultation with the Chair and Vice-Chair, be authorised to make any necessary amendments to update the annual report prior to its submission to the Council at its meeting on 11th April, 2016.
50 Forward Plan of Key Decisions
The Board received the Forward Plan of Key Decisions for the four-month period commencing 1st February, 2016.
OSMB/30 67 Resolved
That the information contained in the Forward Plan of Key Decisions, be noted.
The meeting ended at 7.55 p.m.
CHAIR
OSMB/31 68 Minutes of Audit and Standards Committee
Tuesday 9th February 2016 at 6.00 p.m. in Committee Room 3, The Council House, Dudley
Present:-
Councillor J Cowell (Chair) Councillors, N Gregory, A Millward, D Russell, R Scott-Dow, D Tyler, and T Westwood
Officers:-
I Newman (Chief Officer – Finance and Legal Services) ; L Bradshaw (Interim Head of Audit), R Cooper (Head of Financial Services); M Granger (Corporate Fraud Manager); G Harrison (Audit Manager – Central Services); E Smith (Principal Auditor); A Taylor (Principal Auditor) and L Jury (Democratic Services Officer).
Also in Attendance:-
J. Cook and S. Joberns (Grant Thornton)
104 Apology for Absence
An apology for absence was received on behalf of Councillor A Aston.
105 Appointment of Substitute Member
It was reported that Councillor J Martin had been appointed to serve in place of Councillor A Aston for this meeting of the Committee only.
106 Declarations of Interest
In accordance with the Members’ Code of Conduct, the following interest was declared: Councillor D Russell - Agenda Item no. 10, declared a non-pecuniary interest in relation to the person stated in the report being a friend of the family.
107 Minutes
Resolved
That the minutes of the meeting held on 8th December, 2015, be approved as a correct record and signed.
ASC/61
69
108 Grant Thornton Letter: Grant Certification Work 2014/15.
A report of the Chief Officer Finance and Legal Services was submitted on the work undertaken by the External Auditors (Grant Thornton) to certify grant claims and returns for 2014/15. A copy of the grant claims certification letter was attached as an Appendix to the report submitted.
Mr Cook in presenting the report, commented in particular that there was now only one external grant claim which required certification by External Auditors. In relation to this claim, it was reported that the errors found in the calculation and classification of benefit payments were predominately due to administrative errors, which were inevitable due to the complexity of the paperwork. Referring to the claim amended figure of £5,731, it was acknowledged that this was a relatively minor figure in context of the £100.2m and this clearly demonstrated that benefit payments were being calculated correctly. Reference was also made to one additional claim from last year in relation to pooling of capital receipts.
Arising from the presentation and in response to a question raised relating to the claim made and how this figure compared to claims submitted by other authorities, our excellent return in comparison to those submitted by other authorities was reported and it was requested that the Chief Officer Finance and Legal Services forward the Committee’s recognition of the excellent record and hard work of the Benefits Staff.
Resolved
That, the information contained in the report and Appendices to the report submitted on the External Auditor’s Letter on the Certification of Claims and Returns for 2014/15, be noted.
109 Treasury Management
A report of the Chief Officer Finance and Legal Services was submitted outlining treasury activity during the financial year 2015/16 up to the end of December 2015 and also seeking Committee’s approval of the Treasury Management Statement 2016/17, attached as Appendix 2 to the report submitted.
The Chief Officer Finance and Legal Services presented the report noting that intentionally as an Authority, our level of investment was very low. However, in the current year, 2 maturity loans with a duration of one year and 1 maturity loan with a duration of 2 years had been taken out. Reference was also made to the West Midlands Debt Administration Fund noting that the loans matured in 2016 and noting the unlikely rise in interest rates within the next financial year.
ASC/62
70 Arising from consideration of the report, a typographical error was reported in paragraph 4.4 of the report which the Chief Officer Finance and Legal Services confirmed would be amended before the report was submitted to full Council for consideration on 22nd February 2016.
Resolved
(1) That, the Treasury Management activities 2015/16 outlined in the report submitted, be noted.
(2) That, the Treasury Management Strategy 2016/17, attached as Appendix 2 to the report, be approved.
(3) That, the Chief Officer Finance and Legal Services be authorised to effect such borrowings, repayments and investments as are appropriate and consistent with the approved Treasury Strategy and relevant guidance.
(4) That, subject to the amendment reported at this meeting, the report and Appendices submitted, be referred for approval by full Council at its meeting on 22nd February, 2016.
110 Risk Management
A report of the Chief Officer Finance and Legal Services was submitted updating members on current Corporate Risks and other matters relating to risk management. Appendix 1 to the report, showed details of Corporate Risks which were generally acknowledged as being the most significant facing the Council; impacting upon at least one or several of the Council’s key objectives and in addition to risks tabled in Appendix 1, the Committee were requested to identify any particular risk for closer scrutiny the next time a risk report is scheduled. The Committee was also asked to approve the Risk Management Strategy 2016/17, Appendix 2 of the report submitted.
At the meeting held on 8th December, 2015, the Committee agreed to scrutinise Risk 15 which related to the Council Budget and the Chief Officer Finance and Legal Services gave a power-point presentation.
Reference was made to the Council’s statutory obligations to provide services and to manage within the resources available (Local Government Finance Act 2003, Section 25 and Local Government Finance Act 1998, Section 114.)
To assist in assessing Dudley’ s financial risk, the Chief Officer Finance and Legal Services then presented Dudley’s position in comparison to neighbouring Local Authorities relating to Council Tax levels and the impact on the available revenue and the scale of the financial challenge faced, noting that Dudley had the lowest Council Tax within the West Midlands and one of the lowest in the country.
ASC/63
71 Reference was then made to Dudley’s reserves, highlighting reserves that had not been ringfenced and could be used for any purpose. The reserves were shown as a percentage of net spending and it was noted that reserves had fallen since 2013 and were at 20% of net budget (compared to an average of 40% nationally).
Reference was then made to Dudley’s position in October 2015 with regards to its forecast, funding gap and balance bought forward which had resulted in the Authority’s urgent need to address its financial position at this point, with the External Auditors submitting a supplementary report to this Committee and Cabinet highlighting some of the Section 114 and public reporting powers which would need to be exercised if this position could not be addressed.
The Chief Officer Finance and Legal Services then reported on the changes that have arisen since October, noting specifically the reduction in the funding gap of £50m in October to £20m by 2018/19. Continuing, some of the reasoning behind the changes were highlighted, including two main changes in respect of Government funding which would see Dudley benefit by £9m by 2018/19. Reference was also made to the Government’s change in rules around Council Tax referendum by allowing Social Care authorities to add an extra 2% to council tax and, therefore the decision that would be submitted to Council on 29th February 2016 would be to increase Council Tax by 3.99%. Details with regards to controlling expenditure were then also highlighted.
Continuing, the latest forecast figures were presented noting the authorities improving financial position but acknowledging that further improvements were necessary until a point had been reached where the authority had addressed the funding gap year on year and were ceasing to rely on use of balances.
Concluding the presentation, the Chief Officer Finance and Legal Services made reference to information that would be presented to staff at Council express briefing sessions imminently that broadly outlined the plan for the transforming for the future programme to redesign the whole council to fit within the available budget and reduce the £22.2m shortfall by 2019/20.
Arising from the presentation given, members made comments and raised questions to which answers were given relating to Schools’ reserves and the control of funding once schools had transferred to an Academy and Dudley’s position in comparison to neighbouring Local Authorities in respect of Council Tax levels should increases in council tax have been implemented in previous years.
ASC/64
72 Referring to the increasing ageing population, a concern was raised regarding the transforming of some services to a more digital approach and the accessibility of these services for some residents and although this was acknowledged, it was reported that many residents now favor a more automate approach to accessing services and Dudley’s position in comparison to neighbouring local authorities who have now embarked upon this transformation was noted.
On considering a risk to identify for closer scrutiny, reference was made to the Better Care Fund and it was noted that due to a change in funding and rules around Better Care, the risk may be removed from the risk register. Following a brief discussion, members of the Committee suggested that R.20 – Welfare Reform be the particular risk identified for closer scrutiny the next time a risk report is presented to this Committee.
Resolved
(1) That, the information contained in the report and Appendix 1 to the report submitted on corporate risks appearing at the highest level on the Council’s risk register, be noted.
(2) That, the information contained in the presentation on R15 relating to the Council Budget, be noted.
(3) That, the risk R20 Welfare Reform, be the particular risk identified for closer scrutiny the next time a risk report was referred for consideration by the Committee.
(4) That, the Risk Management Strategy and Guidance as set out in Appendix 2 to the report submitted, be approved.
111 Exclusion of the Public
That the public and press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information relating to any individual(s) and that in all the circumstances, the public interest in disclosing the information is outweighed by the public interest in maintaining the exception from disclosure.
Description of Item Relevant Paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972
Audit Services Interim Performance 2 & 7 Report
112 Audit Services Interim Performance Report
ASC/65
73 A report of the Chief Officer Finance and Legal Services was submitted on an update on Audit Services performance and other related information.
In presenting the report, the Head of Audit Services reported on the good progress made in finalising audit reports within six weeks of the draft report being issued, noting that current performance was at 90% which was above the minimum target set. However, for a variety of reasons, a number of cancellations of Audits was noted, subject to agreement of Strategic Directors, and it was reported that a contingency plan would be established for next year.
Relating to Audit Report follow ups, reference was made to the audits undertaken on Schools, and it was noted that the rating for Caslon had improved and the school was now rated as ‘good’.
The Head of Audit Services reported that the service were currently revisiting a fraud that had been reported to the Police in 2014, and although the Police had decided to drop the case, Audit Services would now take over the case with a view to mounting a private prosecution.
Good progress being made on the Fraud Action Plan and the continued investigation of several minor cases was also noted.
Referring to Corporate Governance, it was reported that the draft revised guidance was still awaited from the Government and that a report would be submitted to the Committee on Corporate Governance in April this year.
Arising from the presentation of the report, Members raised questions and made comments relating to the information presented to which answers were given at the meeting.
Acknowledgement to the continued improvements in performance within the Audit Service were noted.
Resolved
(1) That, the information contained in the report submitted relating to Audit Services performance and other related information, be noted.
The meeting ended at 7.10pm.
CHAIR
ASC/66
74 Minutes of the Development Control Committee
Tuesday 23rd February, 2016 at 6.00 pm in Committee Room 2 at the Council House, Dudley
Present:-
Councillor Q Zada (Chair) Councillor K Casey (Vice-Chair) Councillors A Ahmed, P Bradley, C Elcock, A Goddard, J Martin, C Perks and D Vickers
Officers:-
T Glews – Public Protection Manager, I Hunt – Project Engineer, C Mellor – Interim Planning Manager (Development Management), A Roberts – Planning Policy Manager , P Reed – Principal Planning Officer, H Yorke – Principal Planning Officer (Place Directorate); G Breakwell – Solicitor and K Griffiths – Democratic Services Officer (Resources and Transformation Directorate)
Also in attendance
L Fawthrop – Principal Environmental Health Officer
76 Declarations of Interest
In referring to planning application P15/0158 – Hillcrest School, Simms Lane, Netherton, Dudley, DY2 0PB – Proposed overspill parking on red gravel hard standing area at Hillcrest School, Councillor Zada did not declare an interest in accordance with the Members’ code of conduct, but for transparency purposes confirmed that his children attended Hillcrest School.
77 Minutes
Resolved
That the minutes of the meeting held on 1st February, 2016, be approved as a correct record and signed.
DC/84
75
78 Plans and Applications to Develop
A report of the Strategic Director Place was submitted on the following plans and applications to develop. Where appropriate, details of the plans and applications were displayed by electronic means at the meeting. In addition to the report submitted, notes known as Pre-Committee notes had also been circulated updating certain information given in the report submitted. The content of the notes were taken into account in respect of the applications to which they referred.
The following persons were in attendance at the meeting and spoke on the planning applications as indicated:-
Application No Objectors/supporters Agent/Applicant who wished to who wished to speak speak
P15/0158 Mr T Owen Mr M Burchell
P15/1394 Mr I Marrey Miss C Lucey
Application No Location/Proposal Decision
P15/0158 Hillcrest School, Simms Approved, subject to conditions Lane, Netherton, Dudley – numbered 1, 3, 4 and 6 to 8 Proposed overspill parking (inclusive), as set out in the report on red gravel hard submitted and amended conditions standing area at Hillcrest numbered 2 and 5, as set out School. below:-
2. The car park hereby approved shall only be used between the hours of 1830 and 2300 Monday to Sunday.
5. Prior to the commencement of the use hereby approved, details of a mitigation scheme to ensure significant dust does not arise from parking activities shall be submitted to and approved in writing by the Local Planning Authority. The details, as agreed, shall be implemented prior to the first use of the site as a car park and thereafter maintained for the lifetime of the development.
DC/85
76 P15/1394 Ridge Hill, Brierley Hill Deferred for a site visit. Road, Wordsley, Stourbridge – Outline planning permission with all matters reserved apart from access, to allow the development of up to 129 residential dwellings following the demolition of the Keeling Centre and Shousters House.
In considering the above decision, Members took into account the concerns expressed by residents as outlined in the report and as reported at the meeting, in particular the potential impact of the construction of the development upon student learning at the Pens Meadow School as a result of the potential noise emanating from the site and highway safety concerns relating to the proposed access to the site.
P15/1757 6A, The Alley, Lower Approved, subject to conditions Gornal, Dudley – Single numbered 1 to 3 (inclusive), as set storey front extension with out in the report submitted. pitched roof over existing garage and pitched roof canopy. Two storey rear extension and extension to existing rear balcony.
P15/1457 47 Hanley Close, Approved, subject to conditions Halesowen – Erection of numbered 1 and 3 to 5 (inclusive), detached outbuilding in as set out in the report submitted rear garden and new rear and amended condition numbered boundary fence to include 2, as set out below:- associated engineering works to garden levels.
DC/86
77 2. Building works at the site shall not re-commence until a plan showing full details of the removal of the existing sheds (adjacent to the rear boundary) and replacement tree plant details including numbers/densities, species and size at time of planting, as well as, position within the site and relative to the adjacent Conifer Trees and a programme for implementation have been submitted to and approved in writing by the Local Planning Authority. The approved works shall be completed within the first planting season following first occupation. Any trees or shrubs planted in pursuance of this permission, including any replacement planting, which is removed, uprooted, severely damaged, destroyed or dies within a period of 5 years from the date of planting shall be replaced by trees or shrubs of the same size and species and in the same place unless otherwise agreed in writing.
P15/1681 Unit 2a, High Street, Approved, subject to conditions Lenches Bridge, Pensnett, numbered 1 to 3 (inclusive), as set Kingswinford – Single out in the report submitted. storey side extension (Resubmission of withdrawn application P15/1143) (Retrospective).
P15/1702 Parkes Hall Centre, Approved, subject to:- Parkes Hall Road, Woodsetton, Dudley – (a) The applicant entering into a Residential development Section 106 legal agreement (outline) (access, layout to provide affordable dwelling and scale to be units within the development if considered). appropriate.
DC/87
78 (b) A management and monitoring charge.
(c) The following conditions with powers delegated to the Strategic Director Place to add, remove or revise such conditions as necessary.
(d) Conditions numbered 1 to 21 (inclusive), as set out in the report submitted and additional conditions, as set out below:-
(22) No development shall commence (excluding demolition, site clearance and initial ground works) until details of the access into the site, together with parking and turning areas within the site (including details of lines, widths, levels, gradients, cross sections, long sections, drainage and lighting) have been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the access into the site, together with parking and turning areas within the site have been laid out in accordance with the approved details. These areas shall thereafter be retained and maintained to an adoptable standard and not be used for any other purpose during the life of the development.
DC/88
79 (23) No part of the development hereby permitted shall be occupied until visibility splays to the new access onto Parkes Hall Road have been provided with an ‘x’ set back distance of 2.4 metres and a ‘y’ distance of 59 metres. The splays shall be incorporated into Highway and no structure or vegetation exceeding 600mm in height above the adjoining highway shall be placed, allowed to grow or be maintained within the visibility splay as defined for the life of development unless otherwise agreed in writing by the Local Planning Authority.
(24) Prior to first occupation, details of the relocation of the bus shelter shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the bus shelter has been relocated in accordance with the approved details.
(25) Prior to first occupation all redundant dropped kerbs shall be replaced with matching full height kerbs and the adjacent Highway made good.
P15/1945 5 Medina Way, Approved, subject to conditions Kingswinford – Crown lift numbered 1 and 2, as set out in 1 Beech tree to 5 metres. the report submitted.
DC/89
80 P15/1958 16-18 Hagley Road, Approved, subject to conditions Stourbridge – Continued numbered 1 to 4 (inclusive), as set use of premises as a out in the report submitted. private day nursery (D1).
P16/0009 Foxhunt Harvester Public Approved, subject to conditions House, Hagley Road, numbered 1 to 6 (inclusive), as set Hayley Green, Halesowen out in the report submitted. – Proposed extension of external dining area including new pergola, new external doorway and mesh fencing.
P16/0021 Green strip in front of 73 Approved, subject to the condition, Gospel End Road, as set out in the report submitted. Sedgley, Dudley – Crown lift 1 Oak tree by 5.2m over the highway, crown clean, prune and remove deadwood.
P16/0049 1, 4, 5, 7, 10, 12, 13, 15, Approved, subject to the condition, 16, 18 and Amenity space as set out in the report submitted. adjacent 41 The Croft, Sedgley – Fell and poison 2 Lime trees; Clearance prune 1 Cherry tree; Clearance prune 3 Lime trees and crown lift by 5.2m; Crown thin 6 Lime trees by 20% and crown lift by 5.2m; Crown thin 1 Lime tree by 10% and crown lift by 5.2m; Crown thin 1 Lime tree by 20% and remove epicormic growth.
P16/0138 Christ Church, High Approved, subject to conditions Street, Lye, Stourbridge – numbered 1 and 2, as set out in Fell 2 Beech trees. the report submitted.
DC/90
81
79 Updating the Database of Locally Important Buildings and Structures (The Local List) – updated Revised Assessment Criteria
A report of the Strategic Director Place was submitted to seek approval for an updated revised set of assessment criteria by which buildings and structures were deemed suitable to be included on a database of Locally Important Buildings and Structures, otherwise known as the Local List and for these criteria to be used to review those buildings and structures on the current Dudley Local List.
Resolved
(1) That the updated revised set of assessment criteria by which buildings and structures were deemed suitable to be included on a database of Locally Important Buildings and Structures (the Local List) be approved.
(2) That the use of these criteria to then review those buildings and structures on the current Local List be approved.
The meeting ended at 7.15 pm.
CHAIR
DC/91
82 Minutes of the Development Control Committee
Thursday 17th March, 2016 at 6.00 pm in Committee Room 2 at the Council House, Dudley
Present:-
Councillor Q Zada (Chair) Councillor K Casey (Vice-Chair) Councillors A Ahmed, P Bradley, A Goddard, J Martin, C Perks, A Taylor and D Vickers.
Officers:-
T Glews – Public Protection Manager, I Hunt – Project Engineer, C Mellor – Interim Planning Manager (Development Management), H Martin – Head of Planning and Development, P Reed – Principal Planning Officer, H Yorke – Principal Planning Officer (Place Directorate); N Bangar – Solicitor and H Shepherd – Democratic Services Officer (Resources and Transformation Directorate).
80 Apology for absence
An apology for absence from the meeting was submitted on behalf of Councillor C Elcock.
81 Appointment of Substitute
It was noted that Councillor A Taylor had been appointed as a substitute member for Councillor C Elcock, for this meeting of the Committee only.
82 Declarations of Interest
Councillor Q Zada declared a non-pecuniary interest in relation to Agenda Item No. 6 – Site Visits – Planning Application P15/1394 – Ridge Hill, Brierley Hill Road, Wordsley, Stourbridge – Outline Planning Permission with all matters reserved apart from access to allow the development of up to 129 residential dwellings following the demolition of the Keeling Centre and Shousters House, as he was a former employee of Black Country Partnership (NHS Foundation Trust), who had submitted a letter of objection to this application.
DC/92
83
Councillor D Vickers declared a non-pecuniary interest in relation to Agenda Item No. 6 – Site Visits – Planning Application P15/1394 – Ridge Hill, Brierley Hill Road, Wordsley, Stourbridge – Outline Planning Permission with all matters reserved apart from access to allow the development of up to 129 residential dwellings following the demolition of the Keeling Centre and Shousters House, as he was a Trustee of Black Country Partnership (NHS Foundation Trust), who had submitted a letter of objection to this application.
83 Minutes
Resolved
That the minutes of the meeting held on 23rd February, 2016, be approved as a correct record and signed.
84 Site Visit
Consideration was given to the following planning application in respect of which Members of the Committee had undertaken a site visit earlier that day.
Resolved
Application Location/Proposal Decision No
P15/1394 Ridge Hill, Brierley Hill Approved, subject to:- Road, Wordsley, Stourbridge – Outline (a) The applicant entering into a Planning Permission Section 106 Agreement for with all matters reserved contributions towards; apart from access to • Provision of 21% affordable allow the development housing units based on the of up to 129 residential scheme for 129 dwellings dwellings following the shown on the illustrative demolition of the masterplan (exact number, Keeling Centre and location, type and tenure to Shousters House. be calculated/agreed at the relevant reserved matters stage) • A contribution towards the financial management and monitoring of the legal agreement • A contribution to cover the Council’s Legal Fees for work in drawing up the S106 Agreement.
DC/93
84 The above will be subject to meeting the necessary legal tests (such as the CIL Regulations), with delegated powers to the Strategic Director Place, in consultation with the Chair of the Development Control Committee, to make minor amendments to the proposed contributions as necessary.
(b) The completion of the Agreement by 31st May, 2016 and in the event of this not happening, the application being refused if appropriate.
(c) Conditions numbered 1 to 47 (inclusive), as set out in the report submitted and the additional condition as set out below, with delegated powers to the Strategic Director Place to make amendments to these as necessary:-
The proposed development shall be implemented in accordance with the Travel Plan submitted as part of the application prepared by Create Consulting (Ref: MA/CC/P14- 654/04 Rev A) for the lifetime of the development.
85 Plans and Applications to Develop
A report of the Strategic Director Place was submitted on the following plans and applications to develop. Where appropriate, details of the plans and applications were displayed by electronic means at the meeting. In addition to the report submitted, notes known as Pre-Committee notes had also been circulated updating certain information given in the report submitted. The content of the notes were taken into account in respect of the applications to which they referred.
The following persons were in attendance at the meeting and spoke on the planning applications as indicated:-
DC/94
85 Application Objectors/supporters Agent/Applicant who wished to No who wished to speak speak
P15/1944 Cllr B Cotterill Mrs M Hingley
Application Location/Proposal Decision No
P15/1944 22 Mushroom Green, Deferred, to enable Officers and the Netherton, Dudley – applicant to discuss alternative styles Replacement windows and design options. Provided that an and doors. agreed solution was achieved, the application need not be submitted to a future meeting.
In considering the above application, Members established that there were UPVC windows available that would be suitable for this type of building, however the design submitted was not appropriate. Members were concerned that the applicant was not fully aware of the reasons as to why the application had been recommended for refusal, and it was requested that Planning Officers had further discussions with the applicant to try and achieve a compromised design that would be appropriate for the building and would not be detrimental to the character and appearance.
P15/1776 Land at corner of Approved, subject to conditions Intended Street and numbered 1 to 13 (inclusive), as set Hightown, Cradley, out in the report submitted. Halesowen – Erection of 7 no. dwellings
P15/1907 25 Langstone Road, Approved, subject to conditions Dudley – Two storey numbered 1 to 5 (inclusive), as set out side and rear extension, in the report submitted. single storey/rear extension and new front porch.
DC/95
86 P15/1939 Bradney Chain and Eng Approved, subject to:- Co Ltd, Quarry Road, Netherton, Dudley – (a) The applicant entering into a Outline application for Section 106 Agreement for an demolition of existing off-site financial contribution of house and disused up to £75,000 in lieu of on-site industrial building and affordable housing based on a erection of up to 24 no. scheme of up to 24 dwellings. dwellings with an The final contribution will be improved means of agreed at the reserved matters access with associated stage where if the number of engineering works dwellings falls below 24 (access to be dwellings then the off-site considered). Details contribution would fall below relating to appearance, £75,000 on viability grounds. layout, scale and landscaping are (b) The completion of the reserved for future Agreement within 3 months from consideration. the date of Development Control Committee, 17th June, 2016, and in the event of this not happening, the application being refused if appropriate.
(c) Conditions numbered 1 to 33 (inclusive), as set out in the report submitted, with delegated powers to the Strategic Director Place to make amendments to these as necessary.
P15/1940 197 Halesowen Road, Approved, subject to conditions Netherton – Conversion numbered 1 to 3 (inclusive), as set out of lower ground floor to in the report submitted. create 2 No. additional flats (Resubmission of withdrawn application P15/1678)
DC/96
87 P15/1989 8 Peckingham Street, Approved, subject to conditions Halesowen – numbered 1 to 8 (inclusive), as set out Conversion of rooms in the report submitted. above shops to create 7 no. flats with elevational changes including increasing the height of the existing building to include new rear access ramp. Retention of ground floor retail (A1) premises to Peckingham Street (Resubmission of withdrawn Planning Application P15/1379)
83 Planning Services Fees – 2016/2017
A report of the Strategic Director Place was submitted to seek approval to the setting of the Council’s Building Regulation Fee Scales, from 1st April, 2016 and non statutory Development Management Charges and to the continued use of the Consumers Prices Index (CPI) for Planning Obligation fee levels in accordance with Council policy.
Approval was also sought, in accordance with regulations and following the adoption of the Community Infrastructure Charging schedule (CIL) during 2015/16, these charges be index linked to the national All-in Tender Price Index of construction costs published by the Building Cost Information Service (BCIS) of the Royal Institute of Chartered Surveyors and that in accordance with CIL regulations the Council should recover costs of up to 5% of total fees in relation to the administration of CIL.
In response to a question raised, the Head of Planning and Development referred to paragraph 16 of the report submitted and confirmed that only figures from quarter 4 of the preceding year were currently available as the BCIS All-in Tender figures were published approximately four to five months in arrears. Therefore the level of indexation had been estimated at 5.4%, however, if there was a significant change once the updated figures were available, the price index would be followed to ascertain the correct rate.
Resolved
(1) That the inflationary increase of 2% of the existing Building Control Fee Schedule, outlined in Appendix B of the report submitted, be endorsed.
(2) That the continued use of Consumer Price Index in Planning Obligations costings at a rate of 0.5% for 2016/17, as outlined in Appendix C of the report submitted, and in accordance with the DC/97
88 adopted SPD Planning Obligations, be noted.
(3) That the use for indexation of CIL charges at a rate of 5.4% for 1st January to 31st December, 2016 of the national All-in Tender Price Index of construction costs published by the Building Cost Information Service (BCIS) of the Royal Institute of Chartered Surveyors, be noted.
(4) That the allocation of up to 5% of CIL receipts each year to recoup CIL administrative expenses incurred in the previous financial year, be endorsed.
(5) That the fee schedule for Development Management Non Statutory Fee Charges, as outlined in Appendix D of the report submitted, be endorsed.
The meeting ended at 6.55 pm.
CHAIR
DC/98
89 Minutes of the Dudley Health and Wellbeing Board
Wednesday 2nd March, 2016 at 1.30 pm At Pensnett Community Centre, High Street, Pensnett
Present:
Councillor R Harris (Chair) Dr D Hegarty (Vice-Chair) Councillors I Cooper and P Miller M Bowsher (Chief Officer Adult Social Care), P Bradbury (Healthwatch Dudley), N Bucktin (Head of Commissioning), J Emery (Healthwatch Dudley), Chief Superintendent R Fisher (West Midlands Police), A Gray (Dudley CVS CEO), N Griffiths (Group Manager - West Midlands Fire Service) K Jackson (Deputy Director of Public Health), P Maubach (Dudley GP Clinical Commissioning Group), T Oakman (Strategic Director People), and H Shepherd (Democratic Services Officer).
Also in attendance:
A Hill (Schools Obesity Prevention Coordinator) and T Whalley (Black Country Acute Alliance).
39 Apologies for Absence
Apologies for absence from the meeting were submitted on behalf of L Broster, R Clayton, P Coyne, D Harkins, M Joseph, A Lunt, L Prescott and M Rodgers.
40 Declarations of Interest
No Member declared an interest in any matter to be considered by the Board at this meeting.
41 Minutes
Resolved
That the minutes of the meeting of the Board held on 2nd December, 2015, be approved as a correct record and signed.
DHWB/24
90
42 Dudley’s Running Mile! Presentation
The Schools Obesity Prevention Coordinator gave a short presentation on the Dudley Daily Mile initiative and in doing so provided an outline of what the initiative entailed; where the initiative had originated; the benefits to Schools and pupils from implementing the initiative and Dudley’s current position.
It was stated that in 2014/15 26% of reception age children in Dudley were classified as overweight or obese with 38% of pupils in year 6. This was considered a massive jump between the age categories and that preventative work should be undertaken in promoting the importance of exercise and eating healthy at an early age as a healthy child was more likely to become a healthy adult.
It was also stated that Ofsted, when undertaking an inspection at a school, would now take into consideration how a School promoted and supported pupils in leading a healthy lifestyle.
The success and benefits of the initiative were highlighted, in particular, that the scheme was free and safe to implement, non-competitive, no equipment was required, no timetable was necessary and that it would only take 15 minutes each day.
It was further stated that over 20 schools in Dudley had expressed an interest in introducing the Daily Mile into their daily school routine and that guidance packs and award schemes had been produced and circulated to interested schools which would help to gather evidence in preparation for a future Ofsted inspection.
Reference was made to St Mary’s Primary School, Kingswinford that had introduced the Daily Mile challenge from the beginning of the Spring half term and a press release advertising this would be published shortly. It was also stated that the Chief Executive was in full support of Dudley Schools introducing the scheme and would help promote the programme by partaking in a 15 minute run/walk at a participating school.
Arising from the presentation, representatives commented positively and expressed their support in the scheme and welcomed for it to be promoted throughout all Schools in the Borough. In response to a question raised by the Dudley Healthwatch representative, the Schools Obesity Prevention Coordinator stated that guidance packs had been circulated to participating schools which included a progress chart, however not too much emphasis had been put onto data gathering as this could deter schools from taking part. It was also stated that the National Child Measuring Programme that weighed children at reception and then again in year 6 would be used as a benchmark mechanism.
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91 A discussion was had as to how best to promote the scheme and to get more schools involved and it was suggested that rather than email Head Teachers, that the Interim Lead for Education Outcomes be contacted so that the Daily Mile could be included on the agenda for future Head Teacher and governor meetings to ensure better engagement.
In response to a question raised by the Dudley CVS CEO, the Schools Obesity Prevention Coordinator stated that the scheme was not mandatory, and it was up to the individual school as to whether they participated, however emphasis was being made to how the scheme would benefit the school academically and suggested that they provisionally implemented the scheme.
A Dudley GP Clinical Commission group representative requested that details of the schools that had signed up to the scheme and had experienced positive outcomes and which had not, should be provided to a future meeting of the Board.
The Chair welcomed the Daily Mile, however commented that short term programmes that lasted for approximately 6-8 weeks would normally fade and were then reinvented under a different project and suggested that encouraging sustainability of schemes in schools daily life should be considered.
Resolved
(i) That the information presented at the meeting, be noted.
(ii) That a further report, identifying schools that had signed up to the scheme and the potential outcomes, be submitted to the Dudley Health and Wellbeing Board in six months time.
43 Black Country Acute Alliance
A report by the Black Country Alliance, together with answers to the questions raised at the previous meeting was submitted to provide representatives with the background to the establishment of the Black Country Alliance; what the Black Country Alliance represented; the Alliance’s envisaged aims and objectives and the membership of the Alliance.
Mr T Whalley, Programme Director, Black Country Alliance, was in attendance at the meeting.
Arising from the presentation of the report, representatives asked questions, made comments and responses were given where appropriate:-
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92 • That the development of the new Midland Met hospital had been approved and the Black Country Alliance focus would be to ensure that the existing facilities would be able to continue to provide and respond to peoples care needs, until the new hospital facility was fully operational.
• That the system considered there to be a valued case for the approval of the Midland Met and that upon completion the two current facilities would be merged into one provision.
• Concerns were raised that without the inclusion of the Wolverhampton Trust to the Alliance and the collaboration of Sandwell and Birmingham, the Alliance focus was shifting in the Birmingham direct and the impact this may have on provisions within the Black Country.
• That although Wolverhampton Trust did not form part of the Black Country Alliance membership, it did not prevent service level conversations continuing.
• The importance of public engagement was expressed and work was to be undertaken with Dudley Healthwatch to ensure effective and genuine consultation was achieved.
• The Alliance was requested to encourage stronger emphasis on the consistency of care provided.
• Representatives were reassured that the Black Country Alliance was not a cost improvement vehicle but to ensure clinical and financial sustainability for trust partners.
• The development of the Black Country Alliance was considered to be a positive step forward but concerns were raised whether the scale and scope was ambitious enough in the current economic climate and it was considered necessary that talks with Wolverhampton Trust to join the Alliance were re-established.
• That accountability would be with the three Trust Boards.
The Chair, on behalf of Dudley Health and Wellbeing Board, thanked Mr Whalley for attending and answering the Boards questions and requested that further progress updates be provided to future meetings.
Resolved
That, the information contained in the report and presented at the meeting, in respect of the Black Country Alliance, be noted and that a further progress report be submitted to a future meeting.
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93
44 Dudley New Model of Care (Vanguard) and Better Care Fund Programme Update
A report of the Chief Officer Dudley Clinical Commissioning Group was submitted to provide an update on the Dudley New Model of Care (Vanguard) and the Better Care Fund programme.
The Head of Partnership Commissioning presented the report and made reference to paragraphs of particular importance. It was stated that listening exercises had been undertaken at all ten community forums and an updated value proposition, incorporating funding requirements for 2016/17 and 2017/18 had been submitted, outcomes of which would be known by the middle of March, 2016.
In referring to the Better Care Fund, it was stated that the scheme would take a different dimension in the future, particularly as guidance on the Better Care Fund for 2016/17 had confirmed that the Pay Performance element had now been removed. Narrative plan for 2016/17 would need to be submitted by the end of March, 2016 and the final version was required by April, 2016. Further work was required in respect of support for Care Homes, Falls and Carers and a further report would be submitted to the next meeting of the Dudley Health and Wellbeing Board.
It was further stated that in November 2015, the Comprehensive Spending Review had placed a requirement on Health and Social Care to produce a plan for the integration of Health and Social Care by April 2017, however, by what was currently being done in Dudley, it was envisaged for Health and Social to already be integrated by April, 2017 and therefore the Better Care Fund would be defunct.
The Chief Superintendent Fisher raised concerns with regards to residents staying at home in isolation and the knock on effect this had on Police and Ambulance Services. The Chief Officer Adult Social Care agreed with the comments raised and that this would need to be addressed.
The Chair stated that the Better Care Plans would need to be signed before April, 2016. As there was no meeting of the Dudley Health and Wellbeing Board prior to that, approval was sought as to whether the Board would agree for the plan to be signed off electronically, subject to there being no burning questions or concerns, otherwise a special meeting of the Board would be convened.
Resolved
That, the update on the development of Dudley’s new model of care and the implementation of the Better Care Fund, be noted.
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94
45 System Wide Planning Process
The Chair introduced the item and stated that the purpose for planning processes to be included on the agenda for this meeting was for all representatives to gain a joint understanding on individual group budget process steps.
The Head of Partnership Commissioning presented the planning process on behalf of the Clinical Commissioning Group and made particular reference to the short timeframe that was set between the publication of guidance and confirmation of allocations, to when draft Operational Plans were required to be submitted.
The Dudley GP Clinical Commissioning Group representative confirmed that although it was referred to as determining the budget, unlike Dudley Council, the Clinical Commissioning Group did not have any powers in the determination and the budget was set by NHS England. The Clinical Commissioning Group was responsible for negotiating contracts and determining how that budget would be spent and the timeframe to finalise arrangements had decreased significant in comparison to previous years.
The Chief Officer Adult Social Care then outlined the formal budget timetable for Dudley Council and confirmed that it had been approved for the Council Tax to be increased by 3.99% for 2016/17 taking into account the 2% adult social care precept.
The Chair commented that it was useful to have an understanding of how other partnership processes worked and requested that West Midlands Police and West Midlands Fire and Rescue Service representatives provide their budget planning process timeline to the next meeting of the Dudley Health and Wellbeing Board outlining their constraints.
Resolved
(i) That the information presented at the meeting, be noted.
(ii) That, West Midlands Police and the West Midlands Fire and Rescue Service provide their budget planning process timeline to the next meeting of the Dudley Health and Wellbeing Board.
46 Joint Strategic Assessment (JSA) Priorities
A joint report of the Group Manager, West Midlands Fire Service and the Acting Director of Public Health to update the board on key health and wellbeing outcomes identified through the JSA process and to lay out the process for prioritising outcomes and the development of a refreshed Health and Wellbeing Strategy 2016-19 for Dudley Borough.
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95 The Group Manager, West Midlands Fire Service introduced the report and outlined the four key themes and the 20 key outcomes that had been identified through the JSA process. It was stated that further work was required to slim line the key outcomes and to base the strategy on key things to achieve. The priorities from the JSA process would be shared and engaged with the public and service partners to develop a refreshed strategy incorporating the public’s view.
Representatives commented positively on the work that had been undertaken so far.
In response to a comment raised by the Dudley Healthwatch representative, the Acting Director of Public Health stated that the Emotional Wellbeing priority would incorporate the Mental Health five year plan.
The Chair commented positively in relation to the priorities being incorporated on to one page. She stated that if the Board was happy, the plan would be presented to Councillors asking for their views, comments and feedback and for it then to be taken to informal Cabinet.
The Acting Director of Public Health stated that it would be useful to engage with and to receive comments from the Collective Commissioning Group and representatives that attended that group agreed to raise this at the next meeting.
The Group Manager, West Midlands Fire Service agreed that Councillors and Collective Commissioning Group colleagues should be consulted to obtain views, however it was important for the strategy to be drafted in the meantime.
Councillor P Miller commented that Councillors views with regards to poverty would all be different as the level of poverty in individual wards would vary, therefore it was important to get the right balance. He also raised concern with regards to elderly people living alone and how these residents could be reached if they did not have a disability or any health issues. The Chief Officer Adult Social Care confirmed that this issue would be addressed through the isolation report.
Resolved
(i) That the information contained in the report, be noted.
(ii) That the Health and Wellbeing Priorities identified from the JSA process be shared with Councillors and the Collective Commissioning Group and for the Strategy to be drafted.
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96
47 Information only item - Adult Social Care Local Account 2015
A report of the Chief Officer Adult Social Care was submitted for the Dudley Health and Wellbeing Board to view the final draft of the 2015 Local Account, a copy of which was circulated at the meeting.
The Chief Officer Adult Social Care gave a brief overview of the document and stated that if representatives had any questions or queries these could be emailed direct to him.
Resolved
That the information contained in the report submitted and presented at the meeting, be noted.
48 Information only item - Revised Terms of Reference
A report of the Acting Director of Public Health was submitted for the Health and Wellbeing Board to note the updated terms of reference.
In referring to the Membership of the Board, a representative commented as to whether the Chief Nurse should form part of the membership for Dudley Clinical Commissioning Group.
In referring to Appendix 1 of the report submitted, the Chair commented that the Transformation Partnership structure chart provided representatives with a clear vision and focus for the Board and stated this would continue to be monitored and reviewed again in six months time.
Resolved
That the updated terms of reference for the Board and the Terms of reference for the Collective Commissioning Group, be noted.
49 Board Review
The Chair gave an overview of the comments and resolutions agreed by the Board and thanked those in attendance for the presentations given.
The Chair requested suggestions from representatives with regards to possible future venues for Dudley Health and Wellbeing Board meetings and how members of the public could be encouraged to attend.
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97 Representatives suggested that the public may be more inclined to attend future meetings if the meeting was held at a regular venue. It was stated however that if a ‘burning issue’ was identified, then the venue could be moved to that specific area. It was also suggested for consideration to be given to meetings being web streamed on the internet or tweets being sent during the meeting, informing residents of what was being discussed and the Acting Director of Public Health agreed to raise this issue with the Communications and Public Affairs team.
The Chair confirmed that only meetings held in the Council Chamber currently had the facility to web stream meetings on the internet.
Representatives suggested the possibility of using one of the meeting rooms at the Archives or DY1 for future meetings as these were considered to be modern venues that was easily accessible to everyone, with car parking and refreshment facilities available.
The meeting ended at 4.10 p.m.
CHAIR
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98 Minutes of Licensing and Safety Committee
Monday, 15th February, 2016 at 4.30 pm. in Committee Room 2, The Council House, Dudley
Present:-
Councillor D Russell (Chair) Councillor K Finch (Vice Chair) Councillors J Cowell, C Elcock, S Henley, P Miller, C Perks, D Perks and A Taylor
Officers:-
S Smith (Interim Licensing Manager) (Place Directorate); R Clark (Principal Solicitor), and K Taylor (Democratic Services Officer) (Resources and Transformation Directorate).
9 Apologies for absence
Apologies for absence from the meeting were submitted on behalf of Councillors A Aston, M Evans and D Hemingsley.
10 Declarations of Interest
No member made a declaration of interest in accordance with Members’ Code of Conduct.
11 Minutes
The minutes of the meeting of the Committee held on 13th January, 2016 were approved as a correct record and signed.
12 Revision of Licence Fees
A report of the Strategic Director Place was submitted on the proposed revision of fees for licences and consents, other than those where the fees are imposed by statute in respect of liquor licensing, gambling machine permits and lotteries and amusements.
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99 Arising from a presentation of the content of the report, and its Appendix, Members raised concerns about the high level of fees charged when compared with other Authorities and with particular reference to the fees relating to Family Entertainment Centres. The benefits of reducing fees in areas that could attract additional visitors were discussed, and although Members and Officers could ascertain the benefits, caution was raised in reducing a select few.
Following comments made, the Interim Licensing Manager confirmed that a review of the fees charged for, including street traders consent, had commenced in September, 2015 following the restructure of the licensing function to the Place Directorate.
It was noted that the proposal of a 2% increase in fees had been set in reflection of the cost inflation and estimated activity levels.
Consideration was then given to the level of fees to be charged in 2016/17 and a discussion was had regarding the current review of the fees and the potential implications for Dudley in how fees would be set in areas such as scrap metal collection should a Combined Authority be agreed. The Interim Licensing Manager was requested to provide a breakdown of costs and functions prior to the February, 2017 Committee.
Resolved
1. That approval be given to an increase of 2%, with effect from 1st April, 2016, in respect of fees for licences and consents, other than those where the fees are imposed by statute in respect of liquor licensing, gambling machine permits and lotteries and amusements, as set out in column (2) of Table A of the report submitted.
2. The Interim Licensing Manager be requested to review the breakdown of costs and functions prior to the February, 2017 Committee meeting.
The meeting ended at 5.05 p.m.
CHAIR
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100 Minutes of the Licensing Sub-Committee 1
Tuesday 8th March, 2016 at 10.00 am in the Council Chamber, The Council House, Dudley
Present:-
Councillor D Russell (Chair) Councillors C Elcock and C Perks
Officers:-
T Holder (Solicitor – Resources and Transformation Directorate), S Smith (Interim Licensing Manager – Place Directorate) and M Johal (Democratic Services Officer – Resources and Transformation Directorate).
28 Declarations of Interest
No Member made a declaration of interest in accordance with the Members’ Code of Conduct.
29 Minutes
Resolved
That the minutes of the meeting of the Sub-Committee held on 29th December, 2015, be approved as a correct record and signed.
30 Application for Review of Premises Licence – Wallbrook Mini Market, Wallbrook Street, Coseley
A report of the Strategic Director Place was submitted on an application for a review of the premises licence in respect of Wallbrook Mini Market, Wallbrook Street, Coseley.
The following persons attended the meeting in respect of this application:-
Mrs K K Sidhu – Premises Licence Holder Mr G Wintrip – Trading Standards Ms D Mcnulty – Public Health PC Baldwin – West Midlands Police PC K Turley – West Midlands Police PCSO C Langford – West Midlands Police
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101 Following introductions, the Interim Licensing Manager presented the report on behalf of the Council.
Mr Wintrip then presented the facts of the case relating to the prevention of crime and disorder and the protection of children from harm under the Licensing Act 2003 which had resulted in the application being made for a review of the premises. It was explained that on 30th September, 2015, a male child test purchaser, aged fifteen years old was sold alcohol, namely four cans of Foster’s Lager from the premises, which was contrary to Section 146(1) of the Licensing Act 2003 and in direct contravention of the licensing objectives. The Sub-Committee were informed that several other test purchases had previously been conducted by Dudley Trading Standards and there had been no issues. Further details were given on the history of interventions by Trading Standards and in conclusion it was suggested that should the Sub-Committee be minded not to revoke or suspend the licence consideration be given to imposing conditions to the licence.
Ms McNulty commented on the impact on health in adolescents as a consequence of alcohol consumption and it was considered that the sale of alcohol to young people was a serious matter. Any actions to prevent the sale of alcohol to a young person on the grounds of protecting children from harm were entirely supported.
PC Baldwin informed the meeting that police system checks had revealed that the premises licence holder had logged a call with the police in August, 2015 to report a vehicle that had driven past the premises and had fired a shot smashing the shop window. Although the police have had no others calls relating to the premises, the local Neighbourhood Team had concerns about anti social behaviour in the vicnity. PCSO Langford then reported that a large group of youths (friends of Mrs Sidhu’s son) congregated around the premises and complaints had been made from intimidated residents.
In presenting her case, Mrs Sidhu explained that at the time of the incident she was managing her fish and chip shop next door. She explained that her daughter had been distracted when making the illegal sale during the test purchase. With regard to correspondence sent to her Mrs Sidhu indicated that she had not received the second letter sent in December and she had not responded to the first letter as she could not locate her Certificate for including in the response. Mrs Sidhu confirmed that there were a large number of youths congregating in the vicinity of the premises and although Mrs Sidhu and her son had spoken to them on a number of occasions they still continued to return. .
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102 In responding to questions Mrs Sidhu confirmed that her daughter had not had any official training and she under the impression that as Mrs Sidhu had provided training to her daughter this would suffice as she was a family member. Mrs Sidhu stated that she was not the Designated Premises Supervisor and she was not aware of any requirements in relation to this.
The Interim Licensing Manager confirmed that the previous owner was still the Designated Premises Supervisor. PC Baldwin advised that premises could have a registered Designated Premises Supervisor even if they lived in another part of the country.
Upon further questioning Mrs Sidhu stated that she had two businesses, had four children, her husband had passed away in 2014, all of her children worked and she and her younger daughter were responsible for running the businesses. Mrs Sidhu confirmed that the opening hours for the mini market were from 1pm until 9pm and the chip shop from 4pm – 9 pm. Mrs Sidhu’s daughter was mainly managing the mini market whilst Mrs Sidhu ran the chip shop. She confirmed that there was no licence on display at the mini market. Mrs Sidhu stated that she would be selling the mini market if she was offered a decent price for it and then retain and continue to manage the chip shop as it was a more profitable business. The Refusals Register was circulated to the Sub-Committee and Mrs Sidhu answered queries relating to the entries and discrepancies with dates.
Mrs Sidhu confirmed that she had had a fair hearing and the parties then withdrew from the meeting to enable the Sub-Committee to determine the application.
The Sub-Committee having made their decision invited the parties to return and the Chair then outlined the decision.
Resolved
That, following consideration of the information contained in the report submitted and presented at the meeting the premises licence in respect of Wallbrook Mini Market, Wallbrook Street, Coseley, be suspended for a period of three months.
The applicant was informed on her right of appeal.
Reasons for Decision
We are here today to hear a review of premises known as Wallbrook Mini Market. We have heard from Trading Standards, the Police and Public Health. This matter was brought before the Sub- Committee because of an underage sale that took place on 30th September, 2015. On hearing the evidence today from all parties (including Mrs Sidhu, the Premises Licence Holder), the Sub-
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103 Committee are very concerned about the management of these premises, namely:-
(1) The Designated Premises Supervisor has no involvement in the running of the premises (2) The premises licences are not displayed (3) The only member of staff is not properly trained (4) There is no till prompt (5) The Premises Licence Holder did not respond to correspondence (6) No evidence of CCTV (7) The only person with Licensing training does not work on the premises (8) No adequate use of Refusals Register
The Sub-Committee are also concerned about the congregation of youths outside the premises.
The Sub-Committee has therefore decided that the premises licence shall be suspended for a period of three months.
The premises licence holder shall also implement the following ten conditions as detailed on the letter sent to her on 3rd December, 2015:-
(1) A written Proof of Age Policy (Challenge 25) is to be put in force, which all staff authorised to sell alcohol will be trained in and adhere to. Valid proof of identification will only include passport, photographic driving licence or a Proof of Age Standards Scheme (PASS) proof of age card such as Citizen Card. No other form of identification shall be accepted. A4 notices will be displayed on the door and near to the point of sale advertising this policy.
(2) A4 notices to be displayed on the door to the premises and near the point of sale stating that it is an offence to buy alcohol for persons under the age of 18.
(3) A Register of Refusals of Sale of Alcohol which indicates the date, time and reason for refusal will be operated and maintained at the premises. The Premises Licence Holder shall review the book once a week ensuring it is completed and up-to-date. The Premises Licence Holder will sign the book each time it is checked. This book shall be made available for inspection by an officer of any responsible authority.
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104 (4) CCTV to be in place at the premises and to be recording at all times when the premises are open for licensable activity, to the specifications of the West Midlands Police Crime Reduction Officer so that the alcohol display area and the point of sale area can be viewed. All images are to be recorded and kept for a minimum of 28 days and made available to any responsible authority upon request immediately, and all staff are to be trained and able to operate and download CCTV. The hard drive is to be locked but readily accessible to staff.
(5) The Premises License Holder will take proportionate steps to review the premises’ CCTV on a weekly basis in order to identify persons under the age of 18 who are attempting to buy alcohol or persons over the age of 18 buying on their behalf. A record of these checks shall be maintained and be available for inspection upon request by an officer of any responsible authority.
(6) All persons engaged to sell alcohol must complete a training programme, which includes a written test to verify the competency of that person prior to them being authorised to sell alcohol.
(7) The premises licence holder shall ensure that monthly reviews are conducted with any persons authorised to sell alcohol in order to reinforce training, promote best practice and policy. The monthly reviews will be recorded in writing.
(8) A file shall be maintained at the premises for each person authorised to sell alcohol (with proof of identity which will be a copy of passport and/or driving licence). This file shall contain all training records for each person along with copies of monthly reviews as stated in point 7. This file shall be made available for inspection by any officer from a responsible authority upon request.
(9) Any person who is suspected of purchasing alcohol for any person under age, shall be refused service.
(10) An Electronic Point of Sale (EPOS) system will be installed and used at the premises. The system will be used to scan all Age Restricted Products and prompt the staff to confirm that the buyer of any such product is over the age of 18 years before any sale of such goods can be completed.
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105 We also require that the staff in the premises are trained appropriately and able to assume the role of Designated Premises Supervisor.
We have taken into account your previous good record in arriving at the decision.
The meeting ended at 11.50 pm
CHAIR
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106 Minutes of the Licensing Sub-Committee 3
Tuesday 22nd March, 2016 at 10.00 am in the Council Chamber, The Council House, Dudley
Present:-
Councillor D Russell (Chair) Councillors J Cowell and A Taylor
Officers:-
R Clark (Principal Solicitor – Resources and Transformation Directorate), S Smith (Interim Licensing Manager – Place Directorate) and M Johal (Democratic Services Officer – Resources and Transformation Directorate).
5 Appointment of Substitute Member
It had been agreed that Councillor D Russell be appointed to serve in place of Councillor D Perks to maintain the Members that previously considered the expedited licence review in respect of the premises.
6 Declarations of Interest
No Member made a declaration of interest in accordance with the Members’ Code of Conduct.
7 Minutes
Resolved
That the minutes of the meeting of the Sub-Committee held on 12th January, 2016 be approved as a correct record and signed.
8 Application for Review of Premises Licence – Rock Zombie, Plaza Malls, King Street, Dudley
A report of the Strategic Director Place was submitted on an application for the review of the premises licence in respect of the premises licence for Rock Zombie, Plaza Malls, King Street, Dudley.
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107 The following persons attended the meeting in respect of this application:-
Mrs A Jinks – Premises Licence Holder and Mr K Jinks (spouse) Sergeant A Hands – West Midlands Police PC A Baldwin – West Midlands Police PC K Turley – West Midlands Police Mr D Craig – Barrister representing West Midlands Police Ms L Falconer – Rock Zombie Ms L Lester – Core Security Solutions
Following introductions, the Interim Licensing Manager presented the report on behalf of the Council.
Mr Craig presented the case on behalf of West Midlands Police and in doing so referred to the application made by the Police for an expedited licence review owing to the number of incidents that had occurred relating to serious crime and disorder during a short period of time. At the interim steps meeting Members imposed eight interim conditions on the premises licence pending the full review hearing this day. Since implementation of these conditions there had been no further incidents at the premises with the exception of a call log on 5th March, 2016 where former door staff had forced their way past security into the premises to retrieve their belongings. Implementation of the interim conditions had significantly reduced further incidents and therefore the police were now seeking for these conditions to be made more specific and strengthened with a view to applying to the premises licence. The police expressed their concerns about particular issues such as identifying security people whilst on duty and the need for detection of metal objects on persons entering the premises. It was considered that attire for security personnel should include hi-visibility garments.
Mr and Mrs Jinks then presented their case. It was stated that following the expedited review meeting in February, 2016, new door staff had been recruited and the club had not experienced any further problems since. There were a minimum of six door staff on duty at all times and they were very thorough in conducting the search on entry policy. However, since implementation of the conditions that had been imposed on the premises licence the business had financially suffered due to restrictions placed on the club, including the last entry policy which had resulted in a reduction in customers. Also, due to the strict search policy, queues of customers tended to form outside the premises and as the last entry was at 01.00 am some customers had to be turned away. It was also considered six door staff to be excessive given the small number of customers attending the club. It was explained that Core Security Solutions carried their own personal cameras, kept logs of staff on duty and filled in incident sheets which were available for inspection on request. With regard to hi-visibility garments it was commented that this type of clothing impacted on the quality of CCTV images as it gave a blurred vision.
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108 Current carbonated log books were circulated to Members and the police for inspection.
The parties then withdrew from the meeting to enable the Sub-Committee to determine the application.
The Sub-Committee having made their decision invited the parties to return and the Chair then outlined the decision.
Resolved
That, following consideration of the information contained in the report submitted and presented at the meeting, the following conditions be applied to the premises licence in respect of Rock Zombie, Plaza Malls, King Street, Dudley; as follows:-
1. There shall be a minimum of 6 door staff, including one female, at all times the premises are open. All door staff must be clearly identifiable as door staff, with a Security Industry Authority (SIA) number visible and must wear attire that is identifiable to the public and on Closed Circuit Television (CCTV). 2. All customers entering the premises shall be subject to a bag and body search including a search with a metal detecting device. 3. The premises are to use door staff from a company after prior approval of West Midlands Police. 4. The premises shall maintain a record of full details of all door staff on duty at the premises, including SIA number and the signatures of door staff upon start and finish of duty, countersigned by the Designated Premises Supervisor. The premises shall also maintain an incident log. Both the duty records and the log book (or a full copy of) shall be kept at the premises. 5. No new customers shall be allowed entrance to the premises after 01.00 am, regulated entertainment shall cease by 03.30 am and all other licensable activities shall cease by 03.00 am. The premises shall be vacated by 04.00 am and at least 2 door staff shall remain on duty for at least 15 minutes after closing. 6. The barrier around the smoking area at the entrance to the premises shall form a single barrier that cannot be easily broken up or used as a weapon. 7. The wheelie bins from the premises are kept in the loading bay behind roller shutters at all times during which the premises are open.
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109 8. The premises shall maintain CCTV which records for 31 days, and footage shall be available at all times to an officer of a responsible authority. 9. The number of CCTV cameras on the premises shall be 14, including one outside.
The applicant was informed on her right of appeal.
Reasons for Decision
This is an application for an expedited review of the premises licence of the Rock Zombie night club, made on 25th February 2016 and brought by West Midlands Police. A certificate under S53A (1) (B) was completed on the grounds of serious crime and serious disorder. An interim steps meeting was held on 29th February, 2016 to decide whether any interim steps were necessary to uphold the licensing objectives. The decision was that conditions were placed on the premises licence pending the full review today provided that the premises license holder, Mrs. A.T. Jinks agreed to implement those conditions immediately. The premises licence was therefore not suspended. The conditions were focussed on the quality and management of the door staff, entrance arrangements and closing procedures. The review is brought further to a number of incidents highlighted by the police, involving alleged crime and disorder. Mrs. A Jinks and her husband Mr. K. Jinks attended today, with Ms. Lester (Rock Zombie) and a member of Security Solutions. The Police were represented by Mr. Craig, barrister. PC A. Baldwin and K. Turley attended from the police. A number of incidents had occurred at the premises prior to February 2016, particularly on 25th December 2015 when a serious incident occurred. But then a number of incidents occurred on 6th, 7th, 20th and 21st February 2016. In particular on 21st February a victim sustained serious injuries, and door staff appeared to ignore the injured man prone on the ground, as illustrated on CCTV stills presented to the Sub-Committee. On 5th March 2016, a former door staff member forced their way into the premises to retrieve some of their property. This is the only new evidence before the Sub-Committee today. This appears to be the only incident since the interim steps meeting on 29th February. The police therefore submitted that their application today was to ask the committee to tighten the interim conditions imposed on the license to allow the premises to continue trading. The premises license holder broadly agreed with the conditions and some tightening of those imposed at the interim steps hearing, but was concerned that the premises was losing trade by effectively closing to new customers at 1.00am.
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110 The Sub-Committee was sympathetic to the commercial concerns of the premises, but was very concerned about the significant incidents occurring at the premises over a number of months. The conditions imposed in February 2016 had stopped further incidents of crime and disorder, and therefore the Sub-Committee decides not to alter the hour for last customers from 1.00am or reduce the number of door staff required. The Sub-Committee does note however that an application can be made in the future to vary the conditions, if the premises remain free from concerns around the licensing objectives.
The Sub-Ccommittee therefore imposes the conditions detailed above upon the premises licence which will replace those imposed on 29th February 2016.
The meeting ended at 12.40 pm
CHAIR
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111 Minutes of the Licensing Sub-Committee 4
Tuesday 23rd February, 2016 at 10.00 am in the Council Chamber, The Council House, Dudley
Present:-
Councillor D Russell (Chair) Councillors P Miller and C Perks
Officers:-
R Clark – Principal Solicitor – Resources and Transformation Directorate , L Rouse – Licensing Clerk – Place Directorate and K Taylor, Democratic Services Officer – Resources and Transformation Directorate.
33 Apology for Absence
An apology for absence from the meeting was received on behalf of Councillor A Aston.
34 Appointment of Substitute Member
It was reported that Councillor C Perks had been appointed as Substitute Member for Councillor A Aston for this meeting of the Sub- Committee only.
35 Declarations of Interest
No Member made a declaration of interest in accordance with the Members’ Code of Conduct.
36 Minutes
Resolved
That the minutes of the meeting of the Sub-Committee held on 19th January, 2016, be approved as a correct record and signed.
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112
37 Application for Review of Premises Licence – The Earl of Dudley Arms, Wellington Road, Dudley
A report of the Strategic Director Place was submitted on an application for the review of the premises licence in respect of The Earl of Dudley Arms, Wellington Road, Dudley, following the issue of a Closure Order by Wolverhampton Magistrates Court under Section 80 of the Anti-Social behaviour, Crime and Policing Act 2014, as a result of an application by the West Midlands Police.
Prior to the commencement of the hearing, the Sub-Committee together with Mr I Stebbings (Barrister for the Premises Licence Holder) and Mr C Streeten (Barrister for West Midlands Police) discussed a preliminary issue regarding the validity of the process of consideration of a review of the premises licence following a closure order.
It was reported that the Licensing Section had received the closure order by e-mail on 28th January, 2016 from West Midlands Police that prompted an advertising process for the automatic review of the premises license pursuant to Section 6, therefore the application must be determined within 28 days. It was further noted that Section 182 guidance indicated that the review must be heard within 10 days of receipt of the order however this did not appear to originate in the Licensing Act 2003 or the 2005 Premises License and Club Premises Licence Regulations 2005.
The parties then withdrew from the meeting to enable the Sub- Committee to determine whether the application could be determined.
The Sub-Committee having made their decision invited all parties to return and the Chair then outlined the decision.
Resolved
That the Sub-Committee concludes that the period of 10 days in which to convene a hearing is contained in the guidance, and is not a statutory provision, and does not make sense in line with the publicity provisions. It therefore concludes that the application has been listed correctly and in accordance with the Licensing Act and proceeds to hear and determine the review today.
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113 The following persons attended the meeting in respect of this application:-
Mr I Stebbings – Barrister on behalf of Mr Hines (Earl of Dudley) Mr O Hines – Premises Licence Holder (Earl of Dudley) Mr G Thompson – Supporter Mrs M Blake – Supporter Mrs T Perkins – Supporter Mr R Cole – Supporter Mr W Jarrett – Supporter
Mr C Streeten – Barrister on behalf of West Midlands Police DCI C Hanson – West Midlands Police PS A Hands – West Midlands Police PC J Preston – West Midlands Police PC A Baldwin – West Midlands Police Ms K Turley – West Midlands Police Sergeant J Jones – West Midlands Police Mr B Hughes, Licensing Enforcement Officer
Mrs S Young – Observer Mr R Gutteridge – Express and Star
Following introductions, the Interim Licensing Manager presented the report on behalf of the Council.
Mr Streeten then presented his case on behalf of West Midlands Police, and in doing so stated that the only appropriate step was revocation of the premises licence on the grounds of the history of crime and violence at the premises, and the poor management of the premises in particular Mr Hines failure or delays during investigations regarding CCTV data and should the premises be re-opened following the closure order he anticipated that it would be a short-time before a serious crime occurred.
PS Hands referred to his witness statement, which had been circulated to all Members prior to the hearing, with particular reference to thirteen crime reports in respect of the premises between December, 2013 and December, 2015.
In responding to a question from Mr Streeten, PS Hands reported that the crime and violence incidents mainly involved people that had been customers at the premises, and that Mr Hines had been unwilling to provide statements and CCTV data and was not pro-active in protecting the welfare and safety of his customers.
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114 In responding to a number of questions asked by Mr Stebbings, PS Hands confirmed that he had visited the premises once following the closure order and had collated the crime reports and incidents from police logs. He also stated that although Mr Hines had submitted CCTV data in regard of an incident in January, 2015, the CCTV footage was not in a viewable format and following investigations it was evident that the CCTV had not been recorded. PS Hands further stated that it would be reasonable for security to be present during the week depending on the number of customers.
Mr Stebbings reported that the majority of the incidents had occurred in the car park to the premises and that Mr Hines would be attending a court case in April, 2016 as a witness to give evidence.
At this juncture, particular reference was made to the incident in December, 2015 in that Mr Hines had provided the contact details of the victim to West Midlands Police, and that in view of the CCTV unit being seized by Police, the DY Licensing confirmed that no action would be taken and that Mr Hines had purchased a temporary unit in compliance with a condition of his premises licence.
PS Hands confirmed that he was not present at a Licensing Strategy meeting held in April, 2015.
Mr Streeten asked a number of questions to DCI Hanson, and in responding it was stated that this had been the first closure order that DCI Hanson had been involved with and that it was clear that there was a prolong history of violence associated to the premises. He also stated that there had been convincing intelligence that the premises had a stronghold gang influence, based on the convictions and arrests and links to Class A drugs and that members of the local gang were known to attend the premises.
DCI Hanson further stated that he believed Mr Hines to have a lack of control at the premises and was incapable of managing the premises robustly, and that throughout his 24 years of experience he could not recall another premises that posed a danger to the public, and raised concerns that a serious incident could occur should the premises remain open, and therefore requested that the premises licence be revoked.
In responding to questions asked by Mr Streeten, DCI Hanson stated that he did not believe that amendments to the premises licence such as decreasing the licensing hours and removing Mr Hines as Designated Premises Supervisor would mitigate the risk posed to the public.
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115 In responding to a number of questions asked by Mr Stebbings, DCI Hanson confirmed that he was not present at a Licensing Strategy meeting in April, 2015, and that he had visited the premises once following the closure order.
Mr Stebbings referred to a ‘dispatch system’ placed on premises in order for Police Officers to attend a premise immediately if notified of a disturbance. DCI Hanson confirmed that it was unlikely for this to have been placed on public houses, as these usually related to dwellings.
At this juncture, Mr Streeten made an application in accordance with Regulation 14 of the Hearing Regulations, for the public and press to be excluded for the next part of the meeting. The application was granted by the Sub-Committee and supported by Mr Stebbings. All members of the public and press then withdrew from the meeting.
During the exclusion of the press and public, PC Baldwin, PC J Preston and Mr Stebbings on behalf of Mr Hines provided detailed accounts of the strategy meeting in April 2015 that had been arranged following a request by Mr Hines in order to discuss escalating incidents. It was noted that following the strategy meeting, PC Baldwin had undertaken two walkthroughs of the premises, and although more attention to the premises would have been preferred this was limited due to staffing shortages and reduction in resources.
Following further discussion and a brief adjournment all parties, including the press and public, returned to the meeting.
Mr Jarrett then outlined his support to Mr Hines in that he had visited the premises for fourteen years particularly on a Friday and Saturday to play dominoes and confirmed that he had not witnessed any incidents at the premises or had been aware of the gang reputation until following the closure order.
Mrs Blake in her support stated that she had visited the premises on a number of occasions and referred to the community events that had been arranged by Mr Hines and raised concerns that if the premises did not re-open then there would be no-where for the community to attend.
At this juncture, Mr Stebbings made an application in accordance with Regulation 14 of the Hearing Regulations, for the public and press to be excluded for the next part of the meeting. The application was granted by the Sub-Committee and supported by Mr Streeten. All members of the public and press then withdrew from the meeting.
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116 During the exclusion of the press and public, Mr Stebbings referred to the witness statement of Mr Hines and asked a number of questions in respect of the incidents that had been summarised by PS Hands earlier in the meeting. It was noted that following the closure order, Mr Hines had completed phoenix training and a Security Industry Authority (SIA) approved up-skilling course, and agreed to provide the West Midlands Police with a dongle with downloaded CCTV on request and inform his employees of the pass-code to access the system. He also referred to his good working relationship with PC Baldwin. Mr Hines responded to a number of questions asked by Mr Streeten and Members of the Sub- Committee, following which he requested an opportunity to improve his business and referred to the options available to the Sub-Committee to review the premises licence in the future.
In summing up, Mr Streeten on behalf of West Midlands Police, stated that on the balance of probability the only steps to ensure the safety of the public and prevention of crime and disorder was for the premises licence to be revoked, which had been supported by those in attendance. He acknowledged that the premises provided a valuable community asset, however the potential risk to the safety of the customers were extremely serious.
In summing up, Mr Stebbings on behalf of Mr Hines, stated that there were a number of options that could be taken by the Sub-Committee and requested that the premises licence be suspended. He referred to the incidents summarised at the meeting, in particular that there was no evidence to support as the representatives of the Police in attendance today had not visited the premises prior to the closure order, and the accusations surrounding the acceptance of a local gang attending the premises was denied by Mr Hines. He also stated that Mr Hines was prepared to amend his conditions of licence and cooperate with authorities to allow him to maintain his business.
The parties then withdrew from the meeting to enable the Sub- Committee to determine the application.
The Sub-Committee having made their decision invited the parties to return and the Chair then outlined the decision.
Resolved
That, following careful consideration of the information contained in the report submitted, and as reported at the meeting, the premises licence in respect of The Earl of Dudley Arms, Wellington Road, Dudley, be revoked.
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117 Reasons for Decision
This is a review of a premises license, following a closure order made initially in Wolverhampton Magistrates Court in December, 2015, and then upheld an appeal in Wolverhampton Crown Court on 8th January, 2016. Dudley MBC Licensing office states that it received the closure order by e-mail on 28th January, 2016 from West Midlands Police, which triggered an advertising process for the automatic review of the premises license pursuant to Section 67. The application must be determined within 28 days. The Section 182 guidance indicates that the review must be heard within 10 days of receipt of the order, but this period does not appear to originate in the licensing act or the 2005 Premises License and Club Premises Licence Regulations 2005. The Sub-Committee therefore considers the Section 182 guidance, but this 10 day period does not appear to allow the licensing authority an opportunity to conduct an advertisement process or allow for representations to be made. In the light of the publicity for the review, a number of local pub users had made representations supporting the license holder, and that have attended today. They broadly support the re- opening of the pub as a community resource for all ages.
The Sub-Committee accepts that the licensing authority did not receive the closure order until 28th January. This triggered the automatic review process. The review does have to be determined within 28 days, and today falls within 28 days from 28th January. The Sub-Committee concludes that the period of 10 days in which to convene a hearing is contained in the guidance, and is not a statutory provision, and does not make sense in line with the publicity provisions. It therefore concludes that the application has been listed correctly and in accordance with the Licensing Act and proceeds to hear and determine the review today.
The principal licensing objective in issue today is that of the prevention of crime and disorder. The police have presented a history of crime in the public house and significantly in the car park outside these premises, since at least 2013. The incidents have included stabbings to the body and face, some criminal damage, the taking of a motor bike from the car park which concluded with a threatening confrontation and some incidents of lesser violence.
The police evidence places a particular emphasis upon the poor management of the premises over time, delayed reporting to the police of significant incidents and significant delay in passing or allowing access to CCTV of specific incidents.
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118 Mr Hines denies most of the delay in reporting incidents, places great emphasis on him calling a strategy meeting in April 2015 in order to discuss escalating incidents, and states that he will now provide the West Midlands Police with a dongle with downloaded CCTV on request. He therefore asks the Sub- Committee to take a less draconian step than revocation, which the West Midlands Police recommend. He submits that the Sub-Committee could suspend to allow Mr Hines time to put his CCTV compliance in order and demonstrate his cooperation with authorities. He asks for a last chance.
The Sub-Committee however, is not satisfied that Mr Hines has taken the criminal activity committed on his premises seriously and has not acted decisively and expeditiously to address it. In particular, it finds that since 2013, he has failed on most occasions to deliver to the police CCTV recordings of key events in a timely manner, and had not cooperated with the police requests, but made the process of reporting and investigation prolonged and difficult. It is also concerned that the level of crime is particularly serious, and that for there to be two knife incidents and other violent incidents around a single premises in such a short time, is extremely serious. These appear to be minimised by Mr Hines.
The Sub-Committee finds that the history and nature of the incidents, and the association with a local gang, has now given these premises a name and reputation, which has escalated beyond the ability of Mr Hines to manage and control. He asks for a last chance but the Sub-Committee concludes that he should have taken some decisive action well before April 2015, and that provision of CCTV on request would have made a real difference to the persons committing offences on the wider premises. The situation has now got out of his control to manage, and further conditions, or the removal of the Designated Premises Supervisor, are now insufficient to overcome this reputation. Suspension of the premises licence is also too little too late, and the Sub-Committee will not accept that the real risk of a death on these premises is a risk it can take. For these reasons the Sub-Committee takes the step of revoking the premises license.
Any party has a period of 21 days in which to appeal this decision from the date of receipt.
38 Application for Review of Premises Licence (Conditions to be Attached) – Liquor Stop, 65 High Street, Brierley Hill
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119 A report of the Strategic Director Place was submitted on an application for the review of the premises licence by the addition of conditions following the Magistrates Court Appeal hearing in respect of Liquor Stop, 65 High Street, Brierley Hill.
The following persons attended the meeting in respect of this application:-
Mr N Singh – Premises Licence Holder and Designated Premises Supervisor (Liquor Stop) Mr G Wintrip – Trading Standards PC A Baldwin – West Midlands Police
Following introductions, the Interim Licensing Manager presented the report on behalf of the Council.
Mr Wintrip gave a summary of the review application and the representations submitted by Public Health during the July, 2015 meeting, which also included the nine conditions to be imposed to the premises licence.
PC Baldwin also confirmed that having reviewed the police systems, there had been no calls of service to the premises, and it was evident that Mr Singh had implemented steps as reported.
Mr Singh then presented his case and in doing so outlined the changes made to the premises including, further training for himself and his family in case of emergencies, installation of CCTV and a refusals register, and displaying appropriate literature.
In responding to a question Mr Singh confirmed that he was in agreement with the conditions suggested by Trading Standards.
Having made their decision the Chair then outlined the decision.
Resolved
That, following careful consideration of the information contained in the report submitted, and as reported at the meeting, the following nine conditions be applied to the premises licence in respect of Liquor Stop, 65 High Street, Brierley Hill :-
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120 1. A written Proof of Age Policy (Challenge 25) is to be put in force, which all staff authorised to sell alcohol will be trained in and adhere to. Valid proof of identification will only include passport, photographic driving licence or a Proof of Age standards scheme (PASS) proof of age card such as Citizen card. No other form of identification shall be accepted.
2. A4 notices to be displayed on the door to the premises and near the point of sale stating that it is an offence to buy alcohol for persons under the age of 18.
3. A Register of Refusals of Sale of Alcohol which indicates the date, time and reason for refusal will be operated and maintained at the premises. The Premises Licence Holder shall review the book once a week ensuring it is completed and up-to-date. The Premises Licence Holder will sign the book each time it is checked. This book shall be made available for inspection by an officer of any responsible authority.
4. CCTV to be in place at the premises and to be recording at all times when the premises are open for licensable activity, to the specifications of the West Midlands Police Crime Reduction Officer so that the alcohol display area and the point of sale area can be viewed. All images are to be recorded and kept for a minimum of 28 days and made available to any responsible authority upon request immediately, and all staff are to be trained and able to operate and download CCTV. The hard drive is to be locked but readily accessible to staff.
5. The Premises Licence Holder will take proportionate steps to review the premises CCTV on a weekly basis in order to identify persons under the age of 18 who are attempting to buy alcohol or persons over the age 18 buying on their behalf. A record of these checks shall be maintained and be available for inspection upon request by an officer of any responsible authority.
6. All persons engaged to sell alcohol must complete a training programme, which includes a written test to verify the competency of that person prior to them being authorised to sell alcohol.
7. The premises licence holder shall ensure that monthly reviews are conducted with any persons authorised to sell alcohol to reinforce training, promote best practice and policy. The monthly reviews will be recorded in writing.
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121 8. A file shall be maintained at the premises for each person authorised to sell alcohol (with proof of identity which will be a copy of passport and/or driving licence). This file shall contain all training records for each person along with copies of monthly reviews as stated in point 7. This file shall be made available for inspection by any officer from a responsible authority upon request.
9. Any person who is suspected of purchasing alcohol for any person under age, shall be refused service.
Reasons for Decision
This was a review application (dated 29th April 2015) in which the premises license was revoked. The revocation was appealed, and the Magistrates court upheld the appeal, primarily on the basis of actions taken and improvements made by Mr N Singh, between the date of the revocation on 7th July, 2015 and the Magistrates Court appeal hearing on 17th December, 2015. There had been no further incidents of concern in that time. The court remitted the case back to the Licensing Sub-Committee for it to consider the attachment of necessary conditions to the premises license.
Mr N Singh attended the Committee in person today. He confirmed that he had completed all of the necessary training for himself and family (including training records) and maintained regular contact with trading standards. He had installed CCTV, put in a refusals register and used it, had put up appropriate posters about challenge 25 and sale of age restricted products.
The police today confirmed that there had been no further issues of concern since the hearing in the Magistrates Court.
Trading Standards today recommended to the committee that in order to address the original concerns, it should consider taking the step of imposing conditions upon the premises license. The committee finds that the 9 conditions recommended by trading standards are necessary to ensure that the licensing objectives are complied with. These 9 conditions are imposed upon the premises license today.
All parties have 21 days in which to appeal this decision from the date of receipt.
39 Application for Review of Premises Licence – Bates News (AKA Select Newsagents) Unit 2 Roseville Precinct, Castle Street, Coseley
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122 It was noted that this item had been withdrawn prior to the meeting.
The meeting ended at 4.00 pm
CHAIR
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123 Minutes of the Meeting of the Taxis Committee
Thursday 11th February, 2016 at 5.00 p.m. in Committee Room 3 at the Council House, Dudley
Present:-
Councillor R Body (Chair) Councillor A Aston (Vice-Chair) Councillors M Aston, P Bradley, J Cowell, A Goddard, J Martin, A Millward and A Taylor
Officers:-
T Holder (Solicitor), K Taylor (Democratic Services Officer) (Resources and Transformation Directorate); M Hanson (Licensing Enforcement Officer) and S Smith (Interim Licensing Manager) (Place Directorate)
Also in attendance:-
I Grosvenor (Principal Accountant – Resources and Transformation Directorate) and Representatives of the Taxi Drivers Focus Group in respect of Agenda Item No. 6 - Revision of Licence Fees.
109 Declarations of Interest
There were no declarations of interests from Members, in accordance with the Member’s Code of Conduct.
110 Minutes
Resolved
That the minutes of the meeting of the Committee held on 13th January, 2016, be approved as a correct record and signed.
111. Be Safe Presentation
Mr S Saleem and Mr A Mahmood were in attendance at the meeting and reported on the Be Safe film that had been produced to inform youngsters of differences between private hire and hackney carriage vehicles. It was noted that the film had been uploaded to You tube and the response received had been positive, therefore further films would be produced on topics such as Child Sexual Exploitation awareness.
The Chair acknowledged the good work undertaken and confirmed that the
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124 request to Committee members was to endorse the film and then for it to be circulated to all schools for information.
Following the viewing of the film, although Members agreed that the film was good and positive; concerns were raised regarding the factual content of the film and the need for it to be updated in accordance with legislation.
Following comments made, Mr Saleem advised that he was unable to update the film as requested, due to budgetary constraints and although he had requested the Council to provide information for youngsters, such information had not been produced to date.
It was noted that Mr Saleem had circulated the film to local colleges, and in view of the comments made, Members considered that there was no requirement to endorse the film.
Resolved
Noted.
112. Revision of Fees
A report of the Strategic Director Resources and Transformation was submitted on the revision of fees for private hire and hackney carriage licences administered by the Committee.
Arising from the presentation of the report submitted by the Licensing Enforcement Officer, the Principal Accountant confirmed that the proposal of a 2% increase in taxi fees for private hire and hackney carriage licences reflected the budget strategy.
Arising from the presentation of the report, the representatives of the Taxi Driver’s Focus Group raised the following concerns:-
• That there had been no consultation process for the last 3 years, despite being assured that the taxi trade would be consulted.
• That there had been a lack of response to questions raised at previous meetings including the justification for the costs of re-tests, compared to neighboring authorities.
• Concerns in relation to the increased cost of a hackney carriage signage following the Committees approval of the fees, in particular that the cost had increased from £6 to £7. The Licensing Enforcement Officer confirmed that the cost reflected inflation of the supplier’s price.
In responding to a number of queries from representatives of the Taxi Driver’s Focus Group, the Interim Licensing Manager and Principal Accountant undertook to review the breakdown of costs and functions, as outlined in Table A of the report submitted, prior to the February, 2017 meeting in order T/51
125 to allow sufficient consultation prior to approval by Committee members.
It was also confirmed that 80% of work in relation to the licensing and enforcement of private hire and hackney carriage drivers’ licences reflected the current staffing position.
Resolved
(1) That approval be given to a 2% increase, as shown in column (2) of Table A of the report, in respect of the fees for private hire and hackney carriage licences administered by this Committee.
(2) That the Interim Licensing Manager and Principal Accountant be requested to review the breakdown of costs and functions prior to the February, 2017 Committee meeting to enable consultation and further discussion.
113 Exclusion of the Public
Resolved
That the public and press be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information relating to any individual(s) as defined under Part I of Schedule 12A to the Local Government Act 1972, as amended.
114 Change in Order of Business
Resolved
That the remaining items of business be considered in the following order, agenda item nos 10, 11, 12 and 9.
115 Application for Grant of a Private Hire and Hackney Carriage Driver’s Licences – Mr JA
A report of the Strategic Director Place was submitted on behalf of Mr JA for the grant of a private hire and hackney carriage driver’s licences.
Mr JA was in attendance at the meeting and responded to questions asked by the Committee, and in doing so, confirmed that there were no other matters pending.
Resolved
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126 That, following consideration of the information contained in the report submitted, and as reported at the meeting, approval be given to the grant of a private hire and hackney carriage driver’s licences to Mr JA for a period of twelve months.
116 Application for Grant of a Private Hire and Hackney Carriage Driver’s Licences – Mr JR
A report of the Strategic Director Place was submitted on behalf of Mr JR for the grant of a private hire and hackney carriage driver’s licences.
It was noted that Mr JR was not in attendance at the meeting in view of him being out of the borough.
In light of the information submitted, it was
Resolved
That the application made for the grant of a private hire and hackney carriage driver’s licences submitted on behalf of Mr JR, be deferred to the next meeting of the Committee.
117 Application for Grant of a Private Hire Driver’s Licence – Mr FA
A report of the Strategic Director Place was submitted on behalf of Mr FA for the grant of a private hire driver’s licence.
Mr FA was in attendance at the meeting together with a representative and responded to questions asked by the Committee , and in doing so, confirmed that there were no other matters pending.
Resolved
That, following consideration of the information contained in the report submitted, and as reported at the meeting, approval be given to the grant of a private hire driver’s licence to Mr FA for a period of twelve months.
118 Review of Hackney Carriage Driver’s Licence – Mr KL
A report of the Strategic Director Place was submitted on a review of the hackney carriage driver’s licence issued to Mr KL.
Mr KL was in attendance at the meeting together with his wife and Solicitor, Mr Schiller.
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127 Mr Schiller then made representations on behalf of his client, and in doing so explained the circumstances of the case in extensive detail, and in view of the explanation given and supportive statement presented by Mr KL’s wife, requested that the Committee allow Mr KL to continue working as a Taxi Driver.
All parties responded to questions asked by the Committee in relation to the incident in October, 2015, and in responding to whether there were any matters pending in respect of Mr KL, Mr Schiller confirmed that Mr KL had received a fixed penalty notice and 3 points for a speeding offence. Mr Schiller further reported that notification of the conviction would be reported to the Council within the required time.
Resolved
That, following consideration of the information contained in the report submitted and as reported at the meeting, Mr KL receive a warning as to his future conduct.
The meeting ended at 6.55 p.m.
CHAIR
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128 Minutes of the Meeting of the Taxis Committee
Tuesday 8th March, 2016 at 5.00 p.m. in Committee Room 3 at the Council House, Dudley
Present:-
Councillor R Body (Chair) Councillor A Aston (Vice-Chair) Councillors M Aston, P Bradley, J Cowell, A Goddard, J Martin (From Minute No. 128), A Millward and A Taylor
Officers:-
T Holder (Solicitor), K Taylor (Democratic Services Officer) (Resources and Transformation Directorate); M Hanson (Licensing Enforcement Officer); S Smith (Interim Licensing Manager) and M Williams (Chief Officer Environmental Services) (Place Directorate)
119 Declarations of Interest
There were no declarations of interests from Members, in accordance with the Member’s Code of Conduct.
120 Minutes
Resolved
That the minutes of the meeting of the Committee held on 11th February, 2016, be approved as a correct record and signed.
121 Exclusion of the Public
Resolved
That the public and press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information relating to any individual(s) as defined under Part I of Schedule 12A to the Local Government Act 1972, as amended.
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129
122. Review of Private Hire Driver’s Licence – Mr KA
A report of the Strategic Director Place was submitted on a review of the private hire driver’s licence issued to Mr KA.
It was noted that Mr KA was not in attendance at the meeting and notification of his non-attendance had not been received. The Licensing Enforcement Officer confirmed that a letter had been hand-delivered to Mr KA requesting his attendance at the meeting.
Two West Midlands Police Officers were in attendance at the meeting, and having decided to hear the matter in Mr KA’s absence, they provided a summary of the intelligence received in respect of Mr KA and responded to questions asked by the Committee.
Following further discussion it was
Resolved
That following careful consideration of the information reported at the meeting, the private hire driver’s licence issued to Mr KA be revoked with immediate effect, in the interest of public safety on the grounds that Mr KA was not a fit and proper person, in light of the information reported by West Midlands Police.
123 Change in Order of Business
Resolved
That the remaining items of business be considered in the following order, agenda item nos 10, 14, 15, 8, 11, 12 and 13.
124 Exclusion of the Public
Resolved
That the public and press be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information relating to any individual(s) as defined under Part I of Schedule 12A to the Local Government Act 1972, as amended.
125. Revocation of Hackney Carriage Driver’s Licence – Mr AS
A report of the Strategic Director Place was submitted on the revocation of the hackney carriage driver’s licence issued to Mr AS, in the light of his disqualification from driving for a period of twenty months.
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130
Mr AS was not in attendance at the meeting and having decided to hear the matter in his absence it was
Resolved
That, given the disqualification from driving for a period of twenty months, the hackney carriage driver’s licence issued to Mr AS be revoked with immediate effect.
126 Review of Private Hire and Hackney Carriage Driver’s Licences – Mr SI
A report of the Strategic Director Place was submitted on a review of the private hire and hackney carriage driver’s licences issued to Mr SI.
It was noted that Mr SI was not in attendance at the meeting due to illness, and a representative on his behalf attended the meeting requesting that the matter be deferred.
Resolved
That consideration of the review of the private hire driver’s licence issued to Mr SI be deferred to the next meeting of the Committee.
127 Application for Grant of Private Hire Driver’s Licence – Mr SK
A report of the Strategic Director Place was submitted on an application made on behalf of Mr SK for the grant of a private hire driver’s licence.
Mr SK was in attendance at the meeting, together with his representative, and referred to the offences for which he had been convicted between 1983 and 1994, in particular stating that he was a changed man and would be willing to undertake a medical test if deemed appropriate by the Committee. Mr SK also informed the Committee that there were no matters pending that they needed to be made aware of.
Resolved
That, following careful consideration of the information contained in the report submitted, and as reported at the meeting, approval be given to the grant of a private hire driver’s licence to Mr SK for a period of twelve months.
(At this juncture, Councillor J Martin joined the meeting)
128 Manufacturers’ Privacy / Tinted Glass
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131 A report of the Strategic Director Place was submitted on the current policy for tinted windows in private hire and hackney carriage vehicles, and to approve a protocol to deal with a small number of vehicles fitted with privacy glass, that should have failed their vehicle inspection, but had slipped through the net.
Arising from the presentation of the report submitted, the Chief Officer Environmental Services made particular reference to Dudley’s Policy Parameters to ensure that all passengers were seen when seated in the front or rear seats of a hired vehicle, when a person on the outside was looking in. It was stated that the safety of passengers was paramount.
It was noted that five existing private hire and hackney carriage vehicles had been identified out of 700, as having previously passed their original inspection and found to have non-confirming privacy glass fitted. A discretionary three month period had been offered to the drivers to allow them additional time to replace their privacy glass.
Arising from the presentation of the report, Mr Schiller (Solicitor) and Taxi Driver’s raised the following concerns:-
• That the policy had not been reviewed or updated since it had been implemented. • That it was no longer normal practice for officers to patrol the streets looking into vehicles. • That there had been no incidents reported despite tests not being performed appropriately on vehicles with privacy/tinted glass. • That since the introduction of the policy, vehicles had been modified in accordance with safety regulations and tinted glass was used in manufactured vehicles to reduce glare. It was stated that Wolverhampton City Council allowed manufacture tints for private hire and hackney carriage vehicles. • Vehicles that had been manufactured with tinted glass could be proven by documentation. • That it would cost approximately £2,000 to replace tinted glass which was deemed unreasonable considering that vehicles had previously passed their inspection. • That the majority of new vehicles were fitted with parking sensors which allowed driver’s to park safely.
The Chief Officer Environmental Services confirmed that 40% was an acceptable level of light to pass through the rear side facing windows and vehicles fitted with manufacturers’ standard tinted glass generally passed their vehicle inspection. It was also noted that inspections should be undertaken by a meter rather than visually to give a definitive figure.
Following all the comments made, it was noted that the request by Taxi Driver’s was for the Committee to give consideration to amending the policy to allow manufactured tinted glass to private hire and hackney carriage vehicles.
Concerns were raised by Members that further information and evidence was T/58
132 required in order to give further consideration to the comments and proposals made at the meeting. The Chief Officer Environmental Services suggested that it would be beneficial to Members if they were able to view a number of vehicles with a variation of tinted glass.
Resolved
(1) That consideration of the policy for tinted windows in private hire and hackney carriage vehicles be deferred pending further investigation, and that the Chief Officer Environmental Services be requested to arrange inspection of five vehicles with various levels of tinted glass at a future meeting of the Committee.
(2) That the discretionary three month period to allow the driver’s to replace their privacy glass be extended until such time the Committee determined the policy for tinted windows in private hire and hackney carriage vehicles
129 Exclusion of the Public
Resolved
That the public and press be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information relating to any individual(s) as defined under Part I of Schedule 12A to the Local Government Act 1972, as amended.
130 Review of Hackney Carriage Driver’s Licence – Mr AAA
A report of the Strategic Director Place was submitted on a review of the hackney carriage driver’s licence issued to Mr AAA.
Mr AAA was in attendance at the meeting and referred to the circumstances surrounding his conviction in September, 2015 and the non-reporting of the impending conviction to the Council. Mr AAA responded to questions asked by the Committee and in doing so confirmed that there were no other matters pending.
Resolved
That, following careful consideration of the information contained in the report submitted, and as reported at the meeting, the hackney carriage driver’s licence issued to Mr AAA be suspended for a period of four months, in light of the offence for which he had been convicted.
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133 Mr AAA was informed of his right to appeal the decision of the Committee.
131 Application for Grant of Hackney Carriage and Private Hire Driver’s Licences – Mr JR
A report of the Strategic Director Place was submitted on an application made on behalf of Mr JR for the grant of a private hire driver’s licence.
It was noted that Mr JR was not in attendance at the meeting, and notification of his non-attendance had not been received. Having decided to hear the matter in his absence it was
Resolved
That following careful consideration of the information contained in the report submitted, the application for the grant of a hackney carriage and private hire driver’s licences made on behalf of Mr JR be refused in light of his convictions outlined in the report submitted.
132 Application for Grant of Private Hire and Hackney Carriage Driver’s Licences – Mr SH
A report of the Strategic Director Place was submitted on an application made on behalf of Mr SH for the grant of a private hire and hackney carriage driver’s licences.
Mr SH was in attendance at the meeting together with his Solicitor, Mr Schiller and two supporters.
Mr Schiller then made representations on behalf of his client, and in doing so explained the circumstances of the case in extensive detail, in particular that Mr SH had previously worked as a Taxi Driver for 10 years with no complaints or issues and that Mr SH had changed and was willing to undertake monthly drug tests if the Committee were minded to give Mr SH a chance and grant the application. Mr Schiller and Mr SH responded to questions asked by the Committee and in doing so Mr SH confirmed that there were no matters pending that they needed to be made aware of.
Resolved
That, following careful consideration of the information contained in the report submitted, and as reported at the meeting, the application for the grant of a private hire and hackney carriage driver’s licences made on behalf of Mr SH be refused as there had not been sufficient time since his licences were revoked in November, 2014, in light of the information contained in the report submitted.
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134 Mr SH was informed of his right to appeal the decision of the Committee.
The meeting ended at 8.10 p.m.
CHAIR
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135 Minutes of the Meeting of the Cabinet
Wednesday 10th February, 2016 at 6.00 pm In Committee Room 2 at The Council House, Dudley
Present:
Cabinet Members:
Councillor P. Lowe (Leader – Chair) Councillor J. Foster (Deputy Leader) Councillors K. Ahmed, H. Bills, T. Crumpton, I. Cooper, R. Harris, G. Partridge and D. Sparks
Opposition Group Members Nominated to attend the Cabinet:
Councillors N. Barlow, D. Blood, P. Harley, L. Jones, P. Miller, K. Shakespeare and D. Vickers (Conservative Group); Councillor P. Brothwood (UKIP Group)
Officers:
S. Norman (Chief Executive), A. Lunt (Strategic Director Place), T. Oakman (Strategic Director People), I. Newman (Chief Officer Finance and Legal Services), M. Rodgers (Chief Officer Housing) and S. Griffiths (Democratic Services Manger); P. Tart (Strategic Director Resources and Transformation) – Attended the meeting from Minute No. 86 onwards in view of his pecuniary interest in Minute No. 85 (Revenue Budget Strategy and Setting the Council Tax 2016/17).
Observers:
Councillors S. Clark, A. Goddard, J. Hill and I. Kettle.
Apology for Absence
Councillor D. Branwood.
83 Declarations of Interest
Councillor D. Vickers declared a non-pecuniary interest in accordance with the Members' Code of Conduct in connection with Agenda Item No. 12 (School Standards Report 2015) as the Chair of Cherry Tree Learning Centre Management Committee.
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136
84 Minutes
Resolved
That the minutes of the meeting of the Cabinet held on 18th January, 2016, be approved as a correct record and signed.
85 Revenue Budget Strategy and Setting the Council Tax 2016/17
The Cabinet considered a joint report of the Chief Executive and the Chief Officer Finance and Legal Services on the deployment of General Fund revenue resources, a number of statutory calculations that had to be made by the Council and the Council Tax to be levied for the period 1st April, 2016 to 31st March, 2017.
Opposition Spokespersons commented on aspects of the budget proposals, including reference to leisure centres, empty properties, fuel and energy prices, reserves, the transformation agenda and the review of public conveniences. Reference was also made to the Public Health budget and the budget provision relating to the Combined Authority.
The Leader and Cabinet Members responded to the issues raised at the meeting. The Cabinet Member for Finance and Legal Services indicated that various amendments and updates would be included in the report to the Council on 29th February, 2016.
Resolved
(1) That the Chief Officer Finance and Legal Services be authorised, in consultation with the Cabinet Member for Finance and Legal Services and the Opposition Spokespersons for Finance and Legal Services to approve any minor changes to the budget proposals resulting from the Final Local Government Settlement.
(2) That the Programme Board be authorised to make recommendations in respect of the way forward and total budget required in respect of the transformation programme, to be considered by Council on 29th February, 2016, when setting the budget for 2016/17.
(3) That the Strategic Director People be authorised in consultation with the Cabinet Member for Finance and Legal Services, the Cabinet Member for Health and Wellbeing and the Chief Officer Finance and Legal Services, to finalise proposals for the Public Health budget for 2016/17 to be considered by the Council on 29th February, 2016.
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137 (4) That, subject to any amendments arising from the above, the Council be recommended to approve the following:
(i) The budget for 2016/17, and Directorate allocations (including the Public Health budget).
(ii) That the statutory amounts required to be calculated for the Council's spending, contingencies and contributions to reserves; income and use of reserves; transfers to and from its collection fund; and council tax requirement, as referred to in Section 67(2)(b) be now calculated by the Council for the year 2016/17 in accordance with Sections 31A, 31B and 34 to 36 of the Local Government and Finance Act 1992 as shown in Appendix 10 to the report.
(iii) That, having calculated the aggregate in each case of the amounts in Appendix 10 to the report, the Council, in accordance with Section 30(2) of the Local Government Finance Act, 1992, agrees the following levels of Council Tax for Dudley Council services for 2016/17.
Valuation Bands
A B C D E F G H
£780.16 £910.19 £1040.22 £1170.24 £1430.30 £1690.35 £1950.41 £2340.49
(iv) The revision of 2015/16 budgets to reflect the variances set out in the report.
(v) The Medium Term Financial Strategy as set out in the report.
(5) That the Council be recommended to determine that a referendum relating to Council Tax increases is not required in accordance with Chapter 4ZA of Part 1 of the Local Government Finance Act 1992.
(6) That all Cabinet Members, the Chief Executive and Directors be authorised to take all necessary steps to implement the proposals contained in the report, in accordance with the Council's Financial Management Regime.
(7) That the Council be recommended to approve the Pay Policy Statement 2016.
86 Deployment of Resources – Housing Revenue Account and Public Sector Housing Capital
A joint report of the Strategic Director Place and the Chief Officer Finance and Legal Services was submitted on the proposals for the deployment of the Housing Revenue Account (HRA) and associated matters for 2016/17.
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138 The Cabinet Member for Housing outlined proposed amendments to the report relating to future consultation arrangements. An addition was made to paragraph 13 of the report to the effect that the Housing Board, DFTRA and the Place Scrutiny Committee would receive future reports on the impact of the budget proposals and that their comments would be taken into consideration in the budget setting process.
In response to issues raised concerning properties in Beech Road, Kingswinford, the Cabinet Member for Housing undertook to arrange for a written progress report to be provided to the main Opposition Group Leader. Reference was also made to the timescale for implementing a new strategy relating to void properties. The Chief Officer Housing indicated that considerable progress had been made following the undertaking that had been given to introduce the new policy within a period of up to six months.
Resolved
(1) That the reduction of rents for Housing Revenue Account dwellings by 1% from 4th April, 2016 be approved.
(2) That approval be given to charge rents over 52 weeks rather than 50 weeks for Council dwellings and garages.
(3) That service charges be maintained at current levels.
(4) That an overall increase of 1.9% in heating and lighting charges for sheltered housing with an average weekly charge of £14.20 be approved.
(5) That an increase from £2.30 to £2.40 for laundry tokens be approved.
(6) That the current charge for pitch licences at Oak Lane be reduced by 1%.
(7) That water charges at Oak Lane be maintained at the current level of £6.32 per week.
(8) That the leaseholders’ administration fee and the charge for the leasehold information pack be maintained at current levels.
(9) That an increase of 3% (40p per month) for private Telecare clients be approved.
(10) That the Strategic Director Place be authorised to procure and enter into contracts for the delivery of the capital programme.
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139 (11) That the Council be recommended:
(a) To approve the revised HRA budget for 2015/16 and the HRA budget for 2016/17, noting future consultation arrangements outlined in paragraph 13 of the report.
(b) To approve the public sector housing revised capital budget for 2015/16 and the capital budget for 2016/17 to 2020/21, noting future consultation arrangements outlined in paragraph 13 of the report.
(c) To authorise the Strategic Director Place and the Strategic Director Resources and Transformation to bid for and enter into funding arrangements for additional resources to supplement investment in the public sector housing stock and that expenditure funded from such resources be added to the Capital Programme.
(d) To authorise the Strategic Director Place, in consultation with the Cabinet Member for Housing, to manage and allocate resources to the capital programme.
(e) To confirm that all capital receipts arising from the sale of HRA assets (other than those specifically committed to support private sector housing) should continue to be used for the improvement of Council homes.
(f) To endorse the HRA medium term financial strategy and thirty year business plan.
87 Capital Programme Monitoring
A joint report of the Chief Executive and the Chief Officer Finance and Legal Services was submitted on the progress of the Capital Programme and a number of proposed amendments. The report also set out the proposed ‘Prudential Indicators’ as required to be determined by the CIPFA Prudential Code for Capital Finance in Local Authorities and the Local Government Act 2003 and sought approval of the proposed Council’s Minimum Revenue Provision (MRP) Policy for 2016/17.
Resolved
That the Council be recommended:-
(1) That current progress with the 2015/16 Capital Programme be noted and that budgets be amended to reflect the reported variances.
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140 (2) That the contribution of £36,000 to Black Country Housing Group to support the development of four bungalows for affordable rent at Wilson Road, Pensnett be approved and included in the Capital Programme.
(3) That Integrated Transport funding allocation be noted, and the associated expenditure included in the Capital Programme.
(4) That subject to the success of the funding application, the Dell Stadium 3G Pitch scheme be approved and included in the Capital Programme.
(5) That subject to the success of the funding application, the Hillcrest Community College Dell Stadium 3G Pitch scheme be approved and included in the Capital Programme.
(6) That the expenditure of £1.074m on Two Year Old Early Learning places be included in the Capital Programme.
(7) That the capital budget for the North Priory Community Centre be increased by £130,000.
(8) That the potential need for investment relating to the proposed Combined Authority to be undertaken by the Council be noted.
(9) That the urgent amendment to the Capital Programme be noted.
(10) That the Prudential Indicators as required to be determined by the CIPFA Prudential Code for Capital Finance in Local Authorities and the Local Government Act 2003 be approved.
(11) That the Minimum Revenue Provision (MRP) Policy for 2016/17 be approved.
88 Approval of the Order to Establish a Combined Authority
The Cabinet considered a report of the Chief Executive concerning progress on the establishment of the West Midlands Combined Authority and setting out decisions to be requested of the Council at its meeting on 29th February, 2016.
The Leader responded to concerns raised at the meeting regarding the Combined Authority proposals, including the consultation process, financial issues, the implications for Dudley taxpayers and small businesses, the perceived loss of ‘sovereignty’ by the local authority and challenges to local democracy.
The Cabinet supported the report and particular reference was made to the opportunities afforded by the Combined Authority to achieve the greater devolution of powers from central government to the West Midlands within a democratically accountable structure and for associated benefits to the local area.
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141 Resolved
(1) That the Cabinet note that the Council will be recommended to make the following decisions at its meeting on 29th February, 2016:
(i) To confirm that the Council should formally become a Constituent Member of the West Midlands Combined Authority, consenting formally to the Order.
(ii) To delegate any minor drafting amendments of the Order to the Chief Executive in consultation with the Leader of the Council.
(iii) To endorse the Constitution for the Combined Authority for adoption.
(iv) To make nominations to the Combined Authority.
(v) To agree that approval to make any technical amendments to the Combined Authority Constitution on behalf of the Council is delegated to the Chief Executive in consultation with the Leader of the Council.
(2) That the Cabinet note that the above recommendations are subject to the following actions being carried out:
(i) The Secretary of State for Communities and Local Government (Secretary of State) considering the supporting documents provided by the West Midlands (Governance Review, Scheme, engagement and consultation summaries) to establish a Combined Authority.
(ii) If the Secretary of State confirms his intention to establish the West Midlands Combined Authority, the Order will be finalised and provided to the Constituent Councils on 22nd February, 2016 for formal consent and therefore made available for the Council meeting on 29th February, 2016.
89 Approval of the Devolution Deal
With reference to Minute No. 88 above, the Cabinet considered a report of the Chief Executive on the progress with the devolution deal and noted the proposals to seek full Council approval at its meeting on 29th February, 2016. The Leader reiterated his commitment to cross-party working to take forward the proposals in the report.
Resolved
That the Cabinet note that the Council, at its meeting on 29th February, 2016, will be recommended:
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142 (i) To note the historic West Midlands devolution agreement signed on 17th November, 2015 and recognise that this is the start of a process of devolution with the potential for significant further steps.
(ii) To endorse the West Midlands Combined Authority Devolution Agreement.
(iii) To receive a further report at the appropriate time on amendments to the Combined Authority Scheme.
(iv) To authorise the Chief Executive, in consultation with the Leader of the Council, to take any further decisions that are necessary to bring about the implementation of the Agreement, working with the other members of the Shadow Combined Authority Board and the Government, including any necessary or consequential actions arising from the clarification and due diligence process.
90 Love Your Community – The Community Council Action Plan
The Cabinet considered a report of the Strategic Director People on a draft action plan intended to realise the Council’s ambition to become a Community Council.
The Cabinet thanked all officers involved and made specific reference to the input from the voluntary sector. The Cabinet also acknowledged the contribution made by Deborah Harkins (Chief Officer Health and Wellbeing). Members expressed best wishes to Deborah for a full and speedy recovery to good health.
Reference was made to the importance of focussing on delivery. Officers would need to be accountable for implementation with targets, timescales and scrutiny arrangements. Efforts should continue to engage with the local community and ward councillors. Reference was also made to the need to change the perception of the role of a local Councillor and review the focus of Community Forums to be more community-led.
The Leader referred to the proposal to review Community Forums and noted that various innovative approaches had already been undertaken. A meeting of Community Forum Chairs/Vice-Chairs and Lead Officers had recently taken place and it was suggested that feedback from the meeting should be forwarded to Councillor T. Crumpton. The points made at the meeting were noted, including the need to review the local area grants process.
Resolved
(1) That the intention and the approach to transforming the Council in the manner described in the report be approved.
(2) That the Strategic Director People be authorised to carry out the recommended actions.
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143
91 Children and Young Peoples’ Alliance
The Cabinet considered a report of the Strategic Director People summarising the outcomes of a review of the role of the Children and Young People’s Partnership Board together with priorities for ongoing activity.
Resolved
That the revised arrangements and priorities for the Children and Young People’s Alliance be approved.
92 Schools Standards Report 2015 (Primary and Secondary)
The Cabinet considered a report of the Strategic Director People on the standards of attainment and progress across Dudley Primary and Secondary Schools in 2015.
Opposition spokespersons expressed disappointment concerning the content of the report and supported all efforts to make improvements. Particular reference was made to Looked After Children, the virtual school and the Council’s responsibilities as corporate parents. The Cabinet Member for Children’s Services and the Strategic Director People emphasised that this was a high priority for the Council and further work would be undertaken with the Local Government Association. Further engagement would take place with Members, including through the Council’s scrutiny process, and the inclusion of agenda items at the Children’s Corporate Parenting Board.
The Leader undertook to consider a point raised by the Leader of the Main Opposition group concerning the extension of financial support to all families who had children on the roll of Coseley School at the time of recent announcements made concerning the future of the School.
Resolved
That the report be noted.
93 Black Country Local Flood Risk Management Strategy
The Cabinet considered a report of the Strategic Director Place on the adoption of the Black Country Local Flood Risk Management Strategy.
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144 Resolved
That the Black Country Local Flood Risk Management Strategy be approved.
The meeting ended at 7.33 p.m.
LEADER OF THE COUNCIL
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145 Minutes of the Meeting of the Cabinet
Wednesday 9th March, 2016 at 5.00 pm In Committee Room 2 at The Council House, Dudley
Present:
Cabinet Members:
Councillor P. Lowe (Leader – Chair) Councillor J. Foster (Deputy Leader) Councillors K. Ahmed, H. Bills, D. Branwood, I. Cooper, T. Crumpton, R. Harris, G. Partridge and D. Sparks
Opposition Group Members Nominated to attend the Cabinet:
Councillors N. Barlow, D. Blood, P. Harley, L. Jones, P. Miller, K. Shakespeare and D. Vickers (Conservative Group);
Councillors P. Brothwood and R. Scott-Dow (UKIP Group)
Officers:
S. Norman (Chief Executive), A. Lunt (Strategic Director Place), T. Oakman (Strategic Director People), P. Tart (Strategic Director Resources and Transformation), I. Newman (Chief Officer Finance and Legal Services), M. Farooq (Head of Law and Governance) and S. Griffiths (Democratic Services Manger)
Observers:
Councillors S. Clark, J. Hill and I. Kettle.
94 Declarations of Interest
No Member made a declaration of interest in accordance with Members’ Code of Conduct in respect of any matter to be considered at this meeting.
95 Minutes
Resolved
That the minutes of the meeting of the Cabinet held on 10th February, 2016, be approved as a correct record and signed.
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146
96 Capital Programme Monitoring
A joint report of the Chief Executive and the Chief Officer Finance and Legal Services was submitted on the progress of the Capital Programme and a number of proposed amendments.
In relation to the Churchill Screen Restoration project, a Member questioned the role of the local authority following the completion of the restoration work. It was queried as to whether it would be appropriate to for the local authority to restore the screen for display in a privately owned property rather than in the glass museum. The Leader and Cabinet Member for Planning and Economic Development noted these observations.
Resolved
That the Council be recommended:-
(1) That current progress with the 2015/16 Capital Programme be noted and that budgets be amended to reflect the reported variances.
(2) That the Disabled Facilities Grant funding allocation for 2016/17 be noted and the associated expenditure included in the Capital Programme.
(3) That subject to the success of the Heritage Lottery Fund bid, and to the observations made at the meeting, the grant for the restoration of the Churchill Screen be accepted and the capital elements of the project included in the Capital Programme.
(4) That the Schools Condition allocation for 2016/17 be noted and the associated expenditure included in the Capital Programme.
(5) That the Schools Devolved Capital allocation for 2016/17 be noted and the associated expenditure included in the Capital Programme.
(6) That the urgent amendment to the Capital Programme be noted.
97 Libraries, Archives and Adult Learning (LAAL) Mutual Model of Service Delivery
The Cabinet considered a report of the Strategic Director People on the outcome of the public and staff consultation concerning the proposed Libraries, Archives and Adult Learning (LAAL) Mutual. The report proposed the establishment of the LAAL Mutual for a 5 year period.
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147 The Cabinet Member for Health and Wellbeing placed on record her thanks to staff for their involvement in developing the proposals. It was acknowledged that there had been learning points arising from the consultation process and the Cabinet Member encouraged all interested parties and stakeholders to give feedback and be actively involved in taking forward the proposals.
The Cabinet Member responded to specific concerns raised at the meeting relating to single staffing, lone working and reduced staffing/opening hours. The group of staff working on the proposals were giving active consideration to a range of issues including health and safety, work rotas and risk assessments. The Cabinet Member indicated that benchmarking would be undertaken where possible with other local authorities. It was noted that the new and innovative approach being developed by Dudley had attracted enquiries from other areas.
Resolved
(1) That the outcome of the public and staff consultation in relation to the proposed Mutual be noted.
(2) That, subject to the approval of the Council, the establishment of a LAAL Mutual for a five year period be approved.
(3) That the Mutual be procured via a 14 day notice in line with Public Procurement Regulations.
(4) That the opportunity for Voluntary Redundancy for LAAL staff be re- opened in order to assist with the achievement of the savings.
98 Dudley Safeguarding Adults Board Annual Report 2014/15
The Cabinet considered a report of the Strategic Director People on the Executive Summary of the Annual Report of the Dudley Safeguarding Adults Board for 2014/15. The report set out the activities and work of the Board over the period. The Cabinet welcomed the report and commented positively on the partnership approach demonstrated by the Board in undertaking its work.
Resolved
That the publication of the Dudley Safeguarding Adults Board annual report for 2014/15 be endorsed.
99 Approval for Public Consultation on the Draft Partial Review of the Nature Conservation Supplementary Planning Document (SPD)
The Cabinet considered a report of the Strategic Director Place seeking approval for the draft partial review of the Nature Conservation SPD to be used as the basis for public consultation commencing on 11th March, 2016 for a period of seven weeks.
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148 The Cabinet Member for Planning and Economic Development noted the comments made at the meeting in relation to the need for a balanced approach. He undertook to feedback the specific comments made by Members concerning the extent to which the reference to Doulton’s Claypit (Site of Special Scientific Interest) also covered the wider area known as Saltwells Wood; issues relating to wildlife in Quarry Bank Park and damage to trees; and the extent of the area covered by the Fens Pools Special Area of Conservation.
Resolved
That the draft partial review of the Nature Conservation SPD be approved for use as a basis for public consultation commencing on 11th March, 2016 for a period of seven weeks.
100 Preparation of the Review of the Core Strategy for the Black Country
The Cabinet considered a report of the Strategic Director Place seeking endorsement of the timetable for the review of the Black Country Core Strategy and the principles of the Memorandum of Understanding with the wider Birmingham and Black Country Housing Market Areas.
Resolved
(1) That the timetable for the review of the Black Country Core Strategy be noted and endorsed.
(2) That the principles of the Memorandum of Understanding with the wider Birmingham and Black Country Housing Market Areas be endorsed.
The meeting ended at 5.30 p.m.
LEADER OF THE COUNCIL
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149 Delegated Decision Summary Exempt 1. Yes No X Decision Made By Councillor Hilary Bills Authorised By Councillor Hilary Bills, Cabinet Member for Environmental Services In Consultation With Alan Lunt, Strategic Director Place Ward(s) Affected Brockmoor & Pensnett Wordsley Brierley Hill Date of Decision 11 February 2016 Reference PLA/11/2016 Managing Short Trips Project – Deed of Variation Agreement with Centro
1.1 That the Council enter into a ‘Deed of Variation’ agreement with Centro relating to the implementation of the ‘Managing Short Trips’ project.
Delegated Decision Summary Exempt 2. Yes No X Decision Made By Councillor Hilary Bills Authorised By Councillor Hilary Bills, Cabinet Member for Environmental Services In Consultation With Alan Lunt, Strategic Director Place Ward(s) Affected Gornal
Date of Decision 26 February 2016 Reference PLA/13/2016 Safer Routes to School Scheme for Straits Primary School
That having received more objections to the proposed traffic calming element of the Safer Routes to School Scheme, only the Borough Council of Dudley (Longfellow Road and surrounding streets, Lower Gornal) (20mph Speed Limit) (No. 6 Order Type) (North Dudley Area) (20mph Speed Limit) Order 2016, be implemented as advertised.
Delegated Decision Summary Exempt 3. Yes No X Decision Made By Councillor Hilary Bills Authorised By Councillor Hilary Bills, Cabinet Member for Environmental Services In Consultation With Alan Lunt, Strategic Director Place Ward(s) Affected Netherton, Woodside & St.Andr Date of Decision 09 March 2016 Reference PLA/14/2016 Cinder Bank Pedestrian Crossing facility near Swan Street, Netherton
1.1 Following the investigation of alternative locations, and with due consideration to the consultation, it is now recommended to introduced the signalised ‘puffin’ pedestrian crossing facility with the amendments as detailed, at the advertised location.
150 Delegated Decision Summary Exempt 4. Yes No X Decision Made By Councillor Branwood Authorised By Councillor Branwood, Cabinet Member for Adult Social Care In Consultation With Tony Oakman, Strategic Director People Ward(s) Affected All
Date of Decision 08 March 2016 Reference PPL/10/2016 To upgrade the current ELMS IT system used by the Community Equipment Service to provide a Prescriber Portal.
To update the ELMS IT system to support the efficient operation of the Community Equipment Service and improve the service for prescribers within the Health & Social Care economy.
Delegated Decision Summary Exempt 5. Yes No X Decision Made By Councillor Ian Cooper Authorised By Councillor Ian Cooper, Cabinet Member for Children's Services In Consultation With Tony Oakman, Strategic Director People Ward(s) Affected All
Date of Decision 10 February 2016 Reference PPL/05/2016 Local Authority Proforma Tool - January 2016 submission to the Education Funding Agency (EFA)
Following Director of People Services as the Director of Children’s Services and PLT approval on 20 January 2016, this decision seeks political ratification of the 2016/17 Local Authority Proforma Tool that was be submitted to the EFA on 21 January 2016. The approval of the proforma will enable the Local Authority to release 2016/17 mainstream school budget shares to schools by the statutory deadline of 29 February 2016.
Delegated Decision Summary Exempt 6. Yes No X Decision Made By Councillor Ian Cooper Authorised By Councillor Ian Cooper, Cabinet Member for Children's Services In Consultation With Tony Oakman, Strategic Director People Ward(s) Affected All
Date of Decision 02 March 2016 Reference PPL/06/2016 West Midlands Regional Foster Care Framework
Approval for Dudley MBC to join the West Midlands Regional Foster Care Framework for the reasons set out within this decision sheet (Ref. 0003) as from 4th April 2016.
And that:
Subject to approval, a notice period of 1 month, compliant with the Worcestershire and Herefordshire Foster Care Framework, will be issued to each of the Providers on that Contract effective from the 1st of March 2016 and realising a effective termination of 3rd April 2016
151 Delegated Decision Summary Exempt 7. Yes No X Decision Made By Councillor Judy Foster Authorised By Councillor Judy Foster, Cabinet Member for Corporate and Customer Services In Consultation With Philip Tart, Strategic Director Resources and Transformation Ward(s) Affected All
Date of Decision 26 February 2016 Reference RES/08/2016 Review and update of the following policy: Substance Misuse in the Workplace
To agree revisions to the Council’s current Substance Misuse the Workplace Policy and Procedure.
Delegated Decision Summary Exempt 8. Yes No X Decision Made By Councillor Judy Foster Authorised By Councillor Judy Foster, Cabinet Member for Corporate and Customer Services In Consultation With Philip Tart, Strategic Director Resources and Transformation Ward(s) Affected All
Date of Decision 02 March 2016 Reference PPL/07/2016 Voluntary / Compulsorily Redundancies – Black Country Partnership for Care
To consider and approve voluntary or compulsory redundancies if so required for the 2 remaining members of staff employed by Dudley MBC on behalf of Black Country Partnership for Care
Delegated Decision Summary Exempt 9. Yes No X Decision Made By Councillor Rachel Harris Authorised By Councillor Rachel Harris, Cabinet Member for Health and Wellbeing In Consultation With Tony Oakman, Strategic Director People Ward(s) Affected All
Date of Decision 10 February 2016 Reference PPL/11/2016 Fixed term funding for Youth Offending Nurse Service
To approve funding of £70,936 form 1/4/15 to 31/3/17 from the Public Health grant to pay for 3 days per week of Youth Offending Nurse Service.
152 Delegated Decision Summary Exempt 10. Yes No X Decision Made By Councillor Rachel Harris Authorised By Councillor Rachel Harris, Cabinet Member for Health and Wellbeing In Consultation With Tony Oakman, Strategic Director People Ward(s) Affected All
Date of Decision 02 March 2016 Reference PPL/04/2016 Phase 1 Prevention Contract Decommissioning
Approval to decommission the following contracts for the reasons set out within this decision sheet a. Huntington’s Disease b. Multiple Sclerosis c. Community Transport d. Crossroads Black and Minority Ethnic Carers e. CfED GNSS Post
And that:
Subject to approval, notice periods of 3 months (90 days) compliant with the Local Compact, will be issued to each of the contracts effective from the 1st of March 2016 and realising a effective termination of funding on the 31st May 2016
Delegated Decision Summary Exempt 11. Yes No X Decision Made By Councillor Rachel Harris Authorised By Councillor Rachel Harris, Cabinet Member for Health and Wellbeing In Consultation With Tony Oakman, Strategic Director People Ward(s) Affected All
Date of Decision 04 March 2016 Reference PPL/09/2016 Environmental Health and Trading Standards Fees and Charges 2016/2017
That approval is given for the fees and charges relating to services described in the appended document.
153 Delegated Decision Summary Exempt 12. Yes No X Decision Made By Councillor Rachel Harris Authorised By Councillor Rachel Harris, Cabinet Member for Health and Wellbeing In Consultation With Tony Oakman, Strategic Director People Ward(s) Affected All
Date of Decision 07 March 2016 Reference PPL/08/2016 Single Child Health Service for the West Midlands Region
This paper seeks approval for the proposed transfer of the Child Health Information Service (CHIS) from Public Health, Dudley MBC to Birmingham Community Healthcare NHS Trust (BCHC) who have been procured as the single service provider across the West Midlands from April 2016.
Delegated Decision Summary Exempt 13. Yes No X Decision Made By Councillor Peter Lowe Authorised By Councillor Peter Lowe, Cabinet Member for Policy and Leader of the Council In Consultation With Iain Newman, Chief Officer Finance and Legal Services Ward(s) Affected All
Date of Decision 11 February 2016 Reference PLA/12/2016 Funding to help support victims of domestic abuse
To include expenditure, in relation to a successful external funding bid to Department of Communities and Local Government (DCLG) 2015/16 to help support victims of domestic abuse, in the Capital Programme.
154 Delegated Decision Summary Exempt 14. Yes No X Decision Made By Councillor David Sparks Authorised By Councillor David Sparks, Cabinet Member for Finance and Legal Services In Consultation With Iain Newman, Chief Officer Finance and Legal Services Ward(s) Affected None
Date of Decision 18 February 2016 Reference RES/02/2016 To waive Standing Order 8.0 (Negotiation) to allow a negotiated award of the Council's contract for electronic payment services
1.1 To Waive Contract Standing Order 8 to allow negotiated award of a contract to provide the Electronic Card Payment Services Contract for Dudley MBC to Global Payments for a two year period.
1.2 The provision of electronic card payment services for Dudley MBC was originally awarded to Midland Bank plc (now HSBC Bank Plc) as part of our existing banking contract arrangements. The card payment services provided were subsequently transferred by HSBC to a separate legal entity ‘Global Payments’. A benchmarking review of industry rates has been conducted by external consultants and the review has found that with negotiations, charges could be reduced to be more in line with market rates. Based on current volumes the annual charge would be approximately £164,000 and following negotiation would achieve a saving of approximately £25,000 per annum. Given that the proposal offers a reduction of £25,000 per annum, it is recommended that Standing Order 8 be waived to allow negotiated award of the contract to provide Electronic Card Payment Services to Global Payments for a two year period (which is also the remaining period of the existing Banking Contract).
Delegated Decision Summary Exempt 15. Yes No X Decision Made By Councillor David Sparks Authorised By Councillor David Sparks, Cabinet Member for Finance and Legal Services In Consultation With Philip Tart, Strategic Director Resources and Transformation Ward(s) Affected All
Date of Decision 23 February 2016 Reference RES/04/2016 Increase in fees for Astley Burf Outdoor Adventure Centre
To increase fees paid by young people of Dudley attending Astley Burf Outdoor Adventure Centre with effect from September 2016. This will increase the fees paid for a one week (Monday to Friday) visit from £107.00 to £109.00, four day visit from £87 to £89 and a weekend visit will increase from £55.00 to £56.00.
Activities organised and provided by ourselves are available to schools at a cost of £275 per school per visit. Activities include team building challenges, archery, a climbing wall and low ropes. Schools also have the option to organise their own activities.
Individual charges are applied to external bookings, at a rate of 7% higher than the Dudley MBC rate. The new charges will be Monday to Friday at £122; Four day visit at £100 and a weekend visit at £63.
155 Delegated Decision Summary Exempt 16. Yes No X Decision Made By Councillor David Sparks Authorised By Councillor David Sparks, Cabinet Member for Finance and Legal Services In Consultation With Philip Tart, Strategic Director Resources and Transformation Ward(s) Affected All
Date of Decision 23 February 2016 Reference RES/05/2016 Catering, Cleaning and Caretaking Services Price Increases 2016. Caretakers Rent
To increase the rent paid by school caretakers resident in properties owned by the Council with effect from 1 April 2016.
Delegated Decision Summary Exempt 17. Yes No X Decision Made By Councillor David Sparks Authorised By Councillor David Sparks, Cabinet Member for Finance and Legal Services In Consultation With Philip Tart, Strategic Director Resources and Transformation Ward(s) Affected All
Date of Decision 23 February 2016 Reference RES/06/2016 Price Increase - Room Charges at Saltwells EDC - 2016
To increase the charges made to clients for the use of Saltwells conference rooms by 2%, with effect from 1 April 2016.
The 2% increase is in line with budgetary inflation.
Delegated Decision Summary Exempt 18. Yes No X Decision Made By Councillor David Sparks Authorised By Councillor David Sparks, Cabinet Member for Finance and Legal Services In Consultation With Philip Tart, Strategic Director Resources and Transformation Ward(s) Affected All
Date of Decision 23 February 2016 Reference RES/03/2016 Catering, Cleaning and Caretaking Services Price Increases 2016. Other catering provisions –Saltwells EDC and Himley Hall
To increase the prices by up to 2% as from the 1 April 2016.
156 Delegated Decision Summary Exempt 19. Yes No X Decision Made By Councillor David Sparks Authorised By Councillor David Sparks, Cabinet Member for Finance and Legal Services In Consultation With Iain Newman, Chief Officer Finance and Legal Services Ward(s) Affected All
Date of Decision 23 February 2016 Reference RES/07/2016 Waiver of SO 17.1 - Maintenance of Cash Kiosks at Dudley Council+
In accordance with the arrangements agreed between the Resources and Transformation Directorate and the Cabinet Member for Finance relating to the operation of the Scheme of Onward Delegation, the Strategic Director of Resources and Transformation hereby agrees a waiver to standing orders (SO 17.1) to permit an extension of a contract to a maximum of an additional 3 years. (Contract Management Ref no. 1418).
This Contract was originally awarded for the period 14th April 2012 to 13th April 2015 with an option to extend for a further one year period subject to satisfactory performance and price. This contract was subsequently extended for 12 months following negotiation by Sean Beckett, Head of Customer Services, Dudley Council Plus.
In agreement with the Resources and Transformation Directorate (ICT Services) we would recommend we continue to use the Contractor below for the period April 2016 to March 2019 subject to review every 12 months with an annual break clause to maintain as much flexibility as possible with regard to future budget savings.
Scancoin Ltd (Salford)
This company has demonstrated their ability to fully support Council operations whilst offering value for money.
Delegated Decision Summary Exempt 20. Yes No X Decision Made By Councillor David Sparks Authorised By Councillor David Sparks, Cabinet Member for Finance and Legal Services In Consultation With Iain Newman, Chief Officer Finance and Legal Services Ward(s) Affected All
Date of Decision 17 March 2016 Reference RES/09/2016 Approve the waiver of Standing Order 8 to award contracts by negotiation with Victoria Forms, Call Credit and Northgate
That approval is given to waive Standing Order 8 to in respect of awarding contracts by negotiation with Victoria Forms, Call Credit and Northgate for the supply of online Housing Benefit & Council Tax Reduction (HB/CTR) forms, electronic Risk Based Verification (RBV) software, credit checking and data capture services for the Housing Benefit and Council Tax Reduction new application and change in circumstances processes.
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