CYNGOR Sir Ddinbych COUNTY COUNCIL

______

MINUTES

of Council and Committee Proceedings for the period

27 November 2001 - 15 January 2002

______THE MINUTES VOLUME

This volume contains the minutes of the following Committees and Sub-Committees:-

Page Nos.

Joint Agricultural Board of Denbighshire and Flintshire ...... 30 July 2001 ...... 392 - 399 Joint Agricultural Board of Denbighshire and Flintshire ...... 1 October 2001 ...... 400 - 404 Lifelong Learning Scrutiny Committee ...... 13 November 2001 ...... 405 - 409 Resources Scrutiny Committee ...... 13 November 2001 ...... 410 - 413 Special Council ...... 14 November 2001 ...... 414 - 415 Licensing Panel ...... 20 November 2001 ...... 416 - 428 Environment Scrutiny Committee ...... 21 November 2001 ...... 429 - 432 Personal Services Scrutiny Committee ...... 21 November 2002 ...... 433 - 439 Cefndy Enterprises Advisory Panel ...... 21 November 2001 ...... 440 - 442 Cabinet ...... 22 November 2001 ...... 443 - 450 Best Value Scrutiny Committee ...... 26 November 2001 ...... 451 - 453 Council ...... 27 November 2001 ...... 454 - 465 Planning Committee ...... 28 November 2001 ...... 466 - 472 Cabinet ...... 4 December 2001 ...... 473 - 477 Childrens and Residential Care Homes Panel ...... 6 December 2001 ...... 478 - 481 Resources Scrutiny Committee ...... 11 December 2001 ...... 482 - 488 Lifelong Learning Scrutiny Committee ...... 11 December 2001 ...... 489 - 494 Personal Services Scrutiny Committee ...... 17 December 2001 ...... 495 - 498 DENBIGHSHIRE AND FLINTSHIRE JOINT AGRICULTURAL BOARD

Minutes of the Denbighshire and Flintshire Joint Agricultural Board held in the Upper Dining Room, County Hall, Mold, on Monday, 30th July, 2001 at 2.00 p.m.

PRESENT

Denbighshire - Councillors D. Jones (Chair), E.R. Jones, G. Jones and S. Thomas, together with, Mr K. Ewing (Head of Public Protection and Regulatory Services) and Mr D.M. Hughes (Senior Building Surveyor) and Mr. C.I. Williams (Administrative Assistant).

Flintshire - Councillors J.F. Jones, E.T. Evans and G.B. Roberts, together with, Mr R. Taylor (Head of Technical Services), Mr A. Smith (Property and Asset Manager) and Mr M. Humphreys (Solicitor).

Members agreed that all future meetings of the Denbighshire and Flintshire Joint Agricultural Board be held in County Hall, Mold and that they be Chaired alternately by each of the respective Authorities. Members also agreed that no future meetings of the Board be called without consultation and the agreement of the Chair’s of both of the respective Authorities.

800. MINUTES The Minutes of the Denbighshire and Flintshire Joint Agricultural Board held on Monday, 11th June, 2001 were submitted.

Matters Arising:- Members were informed that as the Chair had retired from the meeting and Councillor E.T. Evans had chaired the remainder of the meeting.

4. Glasdir - Members were informed that it had been resolved that the land be declared surplus in return for compensation as indicated in the independent report received by the Board at the meeting.

5. Greengates - The officers explained that it had been resolved to await the publication of the inspectors report into the UDP, and that following the release of the inspectors report officers prepare a report for consideration by the Board detailing the financial implications of declaring the land surplus and the likely level of compensation to be received arising there from.

6. Bryn Nefydd - It was explained that it had been agreed to make good and safe the mine shafts or to effectively fence out the areas concerned..

10. Reference was made to advice given by the Senior Building Surveyor on the procedure for the collection of rents from the tenants and the differences between the various forms of tenancies, together with, details of the rents collected from the hunting and fishing rights attached to some of the land in the Boards ownership, which had been explained was a totally separate issue from farm rental. The officers explained that it had been understood that it had been resolved that all farmers with outstanding debts be given the opportunity to address the Board prior to notice to quit being issued, and that all outstanding hunting and fishing debts be pursued through what ever means necessary to collect the outstanding debts, including the use of debt collection agencies or through the Courts should this be necessary.

11. Capital Programme - the officers explained that it had been understood that the following resolutions had been agreed:-

(i) implement initial visual inspections on the electrical installations by suitable consultants;

(ii) where the installations are considered from the visual inspection to be in reasonable condition to instruct that a NICEIC inspection be carried out;

392 (iii) draw up specifications using suitable consultants to either rewire, or where appropriate to repair defective installations, with details of all installations to be recorded, and

(iv) to go to tender for all works and to accept the most appropriate tender in accordance with the financial regulations and standing orders of the County concerned.

RESOLVED that, subject to the above, the Minutes be received

801. URGENT ITEMS

In accordance with the requirements of Section 100B(4) of the Local Government Act, 1972, the Chair declared that he/she intended to include for discussion, the following matters requiring urgent attention:-

The Chair informed Members that there were no Urgent Items.

802. WERN FAWR FARM, CAERWYS

A report by the Property Asset Manager had been circulated with the papers for the meeting.

Members were informed that the tenant had requested information regarding his claim for losses submitted to the Authority and details of any assurance he may be given that if flooding occurs again, following the resolution at a previous meeting to proceed with the provision of a new slurry store.

The Property Asset Manager explained that a new demountable slurry store could be provided at a cost of £31,490 or a refurbished slurry store, with the same 20 year guarantee, could be provided at a cost of £27,000.

Reference was made to further correspondence received regarding the tenants claim for compensation for flood damage, the officers referred to a claim for a three year rent reduction and the possibility of the matter being resolved by arbitration. Confirmation was given by the officers that it had already been acknowledged that the Board had acted in a reasonable manner and that the recent delays had not resulted from action taken by the Board. It was suggested by the officers that the services of a Land Agent be engaged to act on behalf of the Board in this matter.

In response to concerns expressed regarding work undertaken by the Highways staff on ditches in the vicinity of the holding in question, the officers agreed to liaise with the Highways officers concerned and report back to the Board on their findings.

RESOLVED that:-

(a) a refurbished demountable slurry store be provided at a cost of £27,00;

(b) the services of a Land Agent be engaged to act on behalf of the Board, and

(c) the officers agreed to liaise with the Highways officers concerned and report back to the Board on their findings.

803. GLAN LLYN FARM BRYNFORD

A report by the Property Asset Manager, to consider a request from the tenant to buy the house, building and small paddock area, had been circulated with the papers for the meeting.

Members were informed that as the holding was difficult to farm, consideration should be given for the tenant to go out of milk production if he requests.

It was explained that the sale of the house and buildings would leave two pieces of land totalling approximately 20.20 hectares which could be added to Gelli Fowler making it a more attractive farm when possible possession was received. However, it would be against the policy of the Board by

393 reducing the number of holdings available to new entrants and would also make Gelli Fowler too large in acreage.

RESOLVED that:-

(a) the tenant’s request be refused on the grounds it would mean the loss of a unit which could be available to new entrants, and

(b) if a request is received from the tenant to go out of milk production, it would be given further consideration as there would be a possibility again of this tenant being forced to cease milking within an old shippon range.

804. BRYN LLWYN FARM, GWAENYSGOR

A report by the Head of Public Protection and Regulatory Services, to consider a request by the tenant to cease milk production, had been circulated with the papers for the meeting.

Members were reminded that a previous request made by the tenant to cease milk production had been refused by the Board, a request had now been made by the tenant that a site visit be made by the Board to give further consideration to the request.

In response to concerns expressed regarding the legal position, Members agreed that the Services of a Land Agent be engaged and that the matter be deferred pending the receipt of a report from the Land Agent.

RESOLVED that the services of a Land Agent be engaged and the matter be deferred pending the receipt of a report from the Land Agent.

805. MORFA LODGE FARM,

A report by the Head of Public Protection and Regulatory Services, to consider a request to cease milk production on the holding at the end of the current milk year, had been circulated with the papers for the meeting.

It was explained that the holding was alongside a small stream which during periods of heavy rainfall had on a number of occasions caused the farm yard and buildings to flood resulting in heavy losses.

The officers reported that the dairy side of the business was running at a loss and there was a distinct possibility that the tenant would be forced out of milk production on welfare grounds.

Members were reminded that the Board had previously approved long term plans for the sale of the house building and a small area of land and the officers confirmed that, in view of its location, there could be a possibility of long term development of the land.

Members discussed the report in detail and having taken into consideration the extenuating circumstances, it was:-

RESOLVED that:-

(a) the tenant be given permission to cease milk production if he wishes on the basis that the milk quota attached to the holding is transferred to the landlord with him being compensated for his Tenants fraction at present prices;

(b) the quota would be allocated to other Tenants on the estate on terms to be agreed;

(c) should a holding become available in the area, the tenant be informed and given the opportunity to apply for the tenancy should he so desire;

(ch) should the tenant go out of milk production the tenant request the landlord provide an extension to the existing stock shed, the estimated cost being £3,500;

394 (d) the shippons to then be adapted at the Tenant’s expense for use as a lambing building, the new extension together with the more modern hay barn to be taken down if required at a later date if the tenant was relocated;

(dd) no rental increase be required for the minor capital improvement, and

(e) the officers discuss with the tenant the provision of additional stock accommodation on the basis that the Tenant’s fraction of the quota be transferred to the landlord and no compensation given to the tenant.

806. WOOD FARM, SANDY LAND, KINNERTON

A report by the Property Asset Manager, seeking approval for the approval for the expenditure of £5,000 of Agricultural Estate Capital Budget to regrade the embankment of the minor road leading to land detached from the farm, had been circulated with the papers for the meeting.

Members were informed that a site meeting had been held by officers and it had been concluded that the most favourable action would be to regrade the embankment of the road.

It was confirmed that the land would remain in the agricultural tenancy of Wood Farm and that part of the scheme would require the authority to replant a new hedgerow to comply with the Hedgerow Regulations 1997.

In response to concerns expressed by Members, the officers agreed to check that there were no tree preservation orders on the trees on the land in question.

RESOLVED that:-

(a) the expenditure of up to a maximum of £5,000 be approved for the scheme, and

(b) the officers agreed to check that there were no tree preservation orders on the trees on the land in question.

807. DISPOSAL OF LAND AT MAESYGRUG, SYCHDYN, MOLD

A report by the Property Asset Manager, advising Members of a request received from the Deeside Urban Wildlife Group to acquire 2.59 Hectares known as Maesygrug, Sychdyn, had been circulated with the papers for the meeting.

The officers informed Members that the site was presently split under three ownerships and each individual owner had differing plans. By obtaining the total management of the site Deeside Urban Wildlife Group would be in a position to have a uniform management scheme for the whole site.

It was explained that the County Council did not have the manpower or finance to manage the site to its full potential and that the Deeside Urban Wildlife Group were presently in negotiations with Onyx Mining to purchase their interests. The third owner was already in a management scheme with the Countryside Council for Wales which would fall in line with the future management by the Deeside Urban Wildlife Group.

Members were informed that if the County Council did not adhere to the terms and conditions of the SSSI they could be subject to Management Notices with fines.

Reference was made to the presence of Newts at the location in question and the need to ensure the necessary action was taken.

During the ensuing discussion, it was agreed that clarification be sought regarding the Deeside Urban Wildlife Group being a charity and the possible requirement to consult with the National Assembly for Wales on this matter.

395 RESOLVED that:-

(a) the disposal of the 2.59 Hectares to the Deeside Urban Wildlife Group be approved under the terms and conditions to be agreed by the Director of Community and Housing in conjunction with the County Secretary;

(b) the officers seek clarification regarding the Deeside Urban Wildlife Group being a charity and the possible need to consult with the National Assembly for Wales if required, and

(c) assurance be received that newts would not impede farming operation on Council’s adjoining land.

808. CAERFAMAETH FARM, LLANBEDR,

A report by the Head of Public Protection and Regulatory Services, to consider a request by the tenant to buy a building plot for the erection of an agricultural workers dwelling, had been circulated with the papers for the meeting.

The officers explained that if the sale of the area of ground to the tenant for a farm workers dwelling was agreed, it could place the Board in a difficult position at the end of the tenancy with pressure being placed on the Board to transfer the tenancy from the father to the son.

Members were informed that it would be doubtful if planning permission would be granted for a workers dwelling, as the holding was not large enough to support two families without other land being farmed with the holding.

RESOLVED That the request be refused as it would set a precedent to other tenants who are in a similar situation.

809. ABER FARM, RHUDDLAN

A report by the Head of Public Protection and Regulatory Services, advising Members of a request from the owner of Elwy Crossing to purchase 0.21 Hectares of woodland, had been circulated with the papers for the meeting.

Members were informed that the agreement of the tenant would be required to surrender the land voluntarily prior to the commencement of negotiations. The officers confirmed that planning approval for a change of use from agricultural woodland to residential would also be required if the request was approved.

In response to concerns expressed by Members regarding the condition of the land, the officers agreed to contact the tenant regarding this matter.

During the ensuing discussion, Members supported the recommendation in the report that the request be refused.

RESOLVED that:-

(a) the request to purchase 0.21 Hectares of woodland be refused on the grounds that the sale may diminish the capital value of Aber Farm when the property became vacant for sale in the future, and

(b) the concerns of the Board regarding the condition of the land be conveyed to the tenant.

810. APPOINTMENT OF LAND AGENT

The officers informed Members that the post had been advertised and the closing date for the receipt of applications was the 10th September, 2001.

RESOLVED that the position be noted.

396 811. CIPFA RETURNS

The officers referred to the difficulties being experienced in producing the CIPFA Returns, together with the undertaking other duties as a result of officers covering the post vacated by the Land Agent. In response to the concerns expressed by officers, and the possible detrimental effect on the Best Value Report, it was agreed that administrative cover be provided to assist with the duties.

RESOLVED that approval be granted for arrangements to be made for the provision of administrative cover.

812. ORGANIC FARMING

A report by the Head of Public Protection and Regulatory Services had been circulated with the papers for the meeting.

It was explained that the views of the Board were being sought on Organic Farming on the Agricultural Estate.

The officers confirmed that as there was currently no Land Agent they did not have the expertise to respond fully to the request.

RESOLVED That a letter be sent from the Joint Agricultural Board to Councillor S. Drew stating that a more detailed report would be presented to the Board following the appointment of a Land Agent by Flintshire County Council.

813. EXCLUSION OF PRESS AND PUBLIC

RESOLVED that under Section 100A(4) of the Local Government Act 1972, the Press and Public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 7 of Part I of Schedule 12A of the Act.

814. DOLAFON FARM,

A report by the Head of Public Protection and Regulatory Services, seeking further advice from the Legal Department regarding action to be taken due to Notice to Quit served on the tenant effective from 25th March, 2001, had been circulated with the papers for the meeting.

Members were informed that the tenant should have vacated the holding on the 25th March, 2001 but had not been requested to do so officially by letter. It was explained he had been served with a “Notice to Pay” after the 25th March, 2001 and Members requested further advice on the tenants position with regards to the Human Rights Act and the recent foot and mouth outbreak.

During the ensuing discussion, Members agreed that all future reports submitted to the Board include reference to the Human Rights Act.

RESOLVED to proceed with obtaining possession through the services of the County Clerk.

815. TYN CELYN FARM, LLANBEDR

A report by the Head of Public Protection and Regulatory Services, seeking advice as to whether the tenant should be given the opportunity to attend an interview with the Board as this might prejudice the Notice to Quit, had been circulated with the papers for the meeting.

Councillor G.B. Roberts and Councillor G. Jones declared an interest in this item and took no part in the voting.

The officers provided a detailed summary of the report and following a full discussion, it was:-

397 RESOLVED that:-

(a) advice be sought from the Legal Department and action be taken on the recommendation received, and

(b) a letter be sent to the Housing Department regarding possible future accommodation for the family in question.

816. GREEN GATE FARM, ST ASAPH

A report by the Head of Public Protection and Regulatory Services, informing Member’s of a request by the Tenant’s Agent for a rent rebate, had been circulated with the papers for the meeting.

Members considered the request and following a brief discussion, it was the general consensus of opinion that the service of a Land Agent be engaged and the matter be deferred pending the receipt of a report from the Land Agent.

RESOLVED that the services of a Land Agent be engaged and the matter be deferred pending the receipt of a further report.

817. CAPITAL PROGRAMME-GENERAL

A report by the Head of Public Protection and Regulatory Services, to vary the policy of the Board had been circulated with the papers for the meeting.

The Head of Public Protection and Regulatory Services outlined the policy of the Board that a 10% rental increase be required on the net cost to the Board for any Capital Improvements. He referred to the suggestion that, in view of the present crisis in the farming community, the Board waive the rent increase for the current year on improvements that had been promised, and but that they be taken into account when the next review was undertaken.

RESOLVED that for this year only, the no rent increases be implemented on improvements already promised. However, they be taken into account when the next rent review is undertaken.

818. CAPITAL PROGRAMME - FLINTSHIRE AGRICULTURAL

A report by the Property Asset Manager had been circulated with the papers for the meeting.

The Property Asset Manager explained that the report sought Members approval for the proposed Programme for Capital Works on the Flintshire Agricultural Estate for the 2001/02 Financial Year and to appraise them on the Expenditure for 2000/01 Financial Year.

Details of the Capital Expenditure for 2000/01 and 2001/02 had been included with the report.

RESOLVED that approval be granted for the recommended Schedule of Programme Capital Projects, as per Appendix 2 to the report. The cost of the works to be funded from net Capital Receipts generated by Flintshire’s Agricultural Estate and/or additional revenue as appropriate, subject to funds being available.

819. RENT ARREARS

A report by the Head of Public Protection and Regulatory Services, which provided an update on the present position regarding rent arrears, had been circulated with the papers for the meeting.

The officers informed Members that rents due in March, 2001 were steadily being recovered through diligent management.

It was explained that Notice to Quit would be served on those tenants who were covered by the Agricultural Holdings Act 1986, and correspondence had been mailed to those tenants covered by the Agricultural Tenancies Act 1995.

398 RESOLVED that the report be received and the officers continue to recover rents through the methods outlined in the report.

820. MAESGWYN AND BROOKFIELD FARMS

The officers explained that they were unable to provide an update of the current position with regards to Maesgwyn and Brookfield Farms.

RESOLVED that this item be deferred pending the receipt of a further report.

821. GLASDIR, RUTHIN

A report by the Head of Public Protection and Regulatory Services had been circulated with the papers for the meeting.

The officers provided an update of the situation with regards to the sale of the land and the current financial position.

Members requested that the officers liaise with finance section with a view to recovering interest on the money agreed for the sale of the land in question.

RESOLVED that the report be received and the officers liaise with finance section with a view to recovering interest on the money agreed for the sale of the land in question.

Meeting ended 4.10 p.m.

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399 DENBIGHSHIRE AND FLINTSHIRE JOINT AGRICULTURAL BOARD

Minutes of the Denbighshire and Flintshire Joint Agricultural Board held in Conference Room 1, County Hall, Mold on Monday, 1st October, 2001 at 2.00 p.m.

PRESENT

Denbighshire Councillors: Glyn Williams (Substitute for D. Jones), E.R. Jones, G. Jones and S. Thomas together with Mr. K. Ewing (Head of Public Protection and Regulatory Services) and Mr. D.M. Hughes (Senior Building Surveyor).

Flintshire Councillors: J.F. Jones (Chair), E.F. Evans and T.W. Jones (Substitute for Councillor G.B. Roberts) together with Mr. R. Taylor (Head of Technical Services), Mr. A. Smith (Property and Asset Manager), Mr. D.M. Davies (Principal Solicitor) for the first part of the meeting and Ms. K. Lotoczko (Principal Administration Officer).

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors D. Jones, G.B. Roberts and R.K. Jones.

822. MINUTES

The minutes of the Denbighshire and Flintshire Joint Agricultural Board held on Monday, 30th July, 2001 were submitted.

The following typographical and other errors were noted:-

Page 1 should read Councillor E.F. Evans had Chaired the meeting.

Page 2 - item 11 should read "been".

Page 6 - item 9 should read "to support two families without other land being farmed with the holding".

Page 9 - item 18 the word "but" be removed from the last line of item 18.

RESOLVED that subject to the above the minutes be received.

823. URGENT ITEMS

In accordance with the requirements of Section 100B(4) of the Local Government Act 1972, the Chair declared that he intended to include for discussion the following matters requiring urgent attention due to the timescale involved.

824. FUTURE OF JOINT AGRICULTURAL BOARD

A Member sought clarification as to the procedures that would need to be adopted from the respective Councils if the Joint Board were to continue for a further four years from February 2002.

In response, the Principal Solicitor explained that the Solicitor who would normally attend the Board's meetings was on long-term sick and due to short notice and another meeting he was only able to stay for a short part of the agenda. He said that it was his initial opinion that it would be for the respective Councils to make any decision but that any views expressed by the Joint Board would be taken into account by the respective Authorities. In relation to a query as to whether or not any Statutory Notice was required in the event of the Board being wound up after February 2002, the Principal Solicitor responded that, as the Board was a joint committee of the two authorities established under the Local Government Act, there was no requirement for notice to be given if the arrangement was discontinued. If either Authority decided not to continue with the joint arrangements then each Council would revert to responsibilities for their own particular area. The Chair suggested that there be a report back on this matter.

400 RESOLVED ACCORDINGLY

825. BROOKSIDE HOUSE, SALTNEY

A report by the Property Asset Manager, to request approval to dispose of a small area of land forming roadway leading up to the property, had been circulated with the papers for the meeting.

Members were informed that the Board had previously declared surplus the property but the roadway serving the house and adjoining property which had been sold previously was not included in the area of land to be declared surplus and was outlined on an Appendix to the report.

It was explained that if the Board retained the land there would be an obligation on them with regard to maintenance and the tenant of Meadow House Farm would not gain any benefit from its retention.

RESOLVED that the roadway be included within the sale of Brookside House.

826. ACTION FOR AGRICULTURE

The Head of Public Protection and Regulatory Services referred to the report by the Welsh Local Government Association which had previously been circulated to Members of the Board. He referred to the informal discussion at the last meeting and said that it was generally felt that the report was now somewhat outdated.

Reference was made to the previous lack of input from Members and the Head of Technical Services said that officers were still trying to ascertain information from the previous Land Agent as agreed.

RESOLVED ACCORDINGLY

827. APPOINTMENT OF LAND AGENT

The Property Asset Manager gave a brief update on the current situation including details relating to the short list and he said that it was planned to have a number of questions by an external Land Agent which would be circulated beforehand for this appointment which would be made by the full Board.

RESOLVED that the report be received.

828. EXCLUSION OF PRESS AND PUBLIC

RESOLVED that under Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3 and 7 of Schedule 12A of the Act.

829. MORFA LODGE, RHUDDLAN

A report by the Head of Public Protection and Regulatory Services updating Members on the current situation had been circulated with the papers for the meeting.

Members were informed that the farm was next due for rent review on 25th March, 2002 and the Tenant's Agent had served a Section 12 Notice on his landlord requesting that it be reviewed. Due to the fact that there was no Land Agent in post, Members agreed to obtain the services of an outside Land Agent, other than the one recommended in the report to act on their behalf in this matter.

RESOLVED that an outside Land Agent other than the one named in the recommendation be contacted and appointed to agree a fair rent for the holding.

830. COED DU, HENDRE

A report by the Property Asset Manager to consider a request by the tenant to buy the holding shown in the Appendix had been circulated with the papers for the meeting.

401 The officers answered a number of questions raised by Members, after which it was:-

RESOLVED that the holding be retained and that Members refuse the tenant's request and that officers should further discuss with him what he intended doing with the land now that he had ceased milking on the holding.

831. TYN CELYN, LLANBEDR

The Head of Public Protection and Regulatory Services gave a brief update.

Councillor Glyn Jones declared an interest and took no part in the debate.

The officers gave details of the situation that had existed over the past two years and following discussion it was

RESOLVED that subject to appropriate legal advice, officers be authorised to proceed with the Notice to Quit and that the advice of the new Land Agent be sought when appointed.

832. LYNDON FARM, SALTNEY

A report by the Property Asset Manager informing Members of the tenant's request to buy the farmhouse building and small area of ground totalling 0.03 HA (0.8 acres) but to continue farming the remainder to his present holding had been circulated with the papers for the meeting.

The Property Asset Manager referred to the background and the tenant's request in detail. After discussion it was:-

RESOLVED:-

(a) that the request be refused on the grounds that it would mean the loss of a holding available to being let to new entrants and that a sale of the house and buildings could prejudice future development, and

(b) that officers look at ways of assisting the tenant in overcoming the difficulties referred to in the report.

833. DOLAFON

The Head of Public Protection and Regulatory Services gave a brief update on the situation and explained that the matter was currently with the Legal Department.

Members commented on the details in the minute on this item which had been put on public display and stressed the need for confidentiality in future Part 2 items.

RESOLVED that the report be received and the Members' comments noted.

834. ARGOED HALL FARM, MOLD

A report by the Property and Asset Manager informing Members of the tenant's request to purchase a small area of land as detailed in the Appendix, had been circulated with the papers for the meeting.

The officers answered questions from Members and it was stressed that there would be an open market valuation with the full market value being obtained.

RESOLVED:-

(a) that the land be declared surplus to requirements and that officers enter into negotiations with the tenant as to conditions of sale and the selling price, and

402 (b) approval be sought to sell to a named party be obtained.

835. CEFN FARM, HOLYWELL

The Property and Asset Manager gave an update and said that officers were requesting permission to investigate the request from the tenant and prepare a report to be submitted to the next meeting.

RESOLVED ACCORDINGLY

836. GREENGATES FARM, ST. ASAPH

A report and rental valuation obtained from Windsor & Company on behalf of the Head of Public Protection and Regulatory Services had been circulated with the papers for the meeting.

The Head of Public Protection and Regulatory Services highlighted the main points contained in the report and answered specific questions raised by Members. He explained that there would be a review within the agreement and after discussion it was:-

RESOLVED that the rent should be reduced to a figure of £7,500 as from 25th March, 2002.

837. CAPITAL PROGRAMME - FLINTSHIRE

A report by the Property Asset Manager amending the existing programme by the addition of two additional schemes had been circulated with the papers for the meeting.

The officers referred to the two schemes at Brook Farm, Saltney and Hafod Farm, Kinnerton and said that the schemes would be financed by Capital Receipts.

RESOLVED that the two schemes be approved subject to funds being available from Capital Receipts.

838. CAPITAL PROGRAMME - DENBIGHSHIRE

A report by the Head of Public Protection and Regulatory Services, amending the existing programme by the addition of an additional scheme at Ty Cerrig Farm, Melin y Wig, Nr. was circulated at the meeting. The officers detailed the works to be carried out on the building which would be included within the current year's Capital Programme subject to funds being available from Capital Receipts. A discussion took place in relation to the ownership of the building and in view of the urgency of the matter it was agreed that officers take appropriate legal advice and subject to there being no problems, proceed as detailed in the report. In the event of any complications the matter would come back to this Board.

RESOLVED that subject to the foregoing the scheme be included within the current year's Capital Programme subject to funds being available from Capital Receipts and satisfactory legal advice.

839. BRYN LLWYN FARM, GWAENYSGOR,

A report from Windsor & Company on behalf of the Head of Public Protection and Regulatory Services following the request to allow the tenant to cease milk production on the holding had been circulated to Members with the papers.

A full discussion ensued and the Senior Building Surveyor pointed out an error under paragraph four of the general comments.

RESOLVED that Bryn Llwyn Farm, Gwaenysgor should remain as a dairy farm for the foreseeable future.

403 840. GELLI FOWLER, BRYNFORD

The Principal Solicitor referred to the absence of the Solicitor for this Board due to illness and to the need to check that all necessary information had been exchanged with the Property and Asset Manager. He said that an update would be given at the next meeting.

RESOLVED ACCORDINGLY

841. MAES GWYN AND BROOKFIELD, SEALAND

The Principal Solicitor said that he needed to clarify whether or not all necessary information had been obtained by his colleague, who was absent on sick leave, in order to decide the way forward. A report would be made to the next meeting on this matter.

RESOLVED ACCORDINGLY

842. RENT ARREARS

The Head of Public Protection and Regulatory Services referred to the stance taken by the Board and said that as a result there were only two farms with rent arrears which he detailed. He referred to the particular problems at the farms and recommended that the Notices to Quit be withdrawn and that "stern" letters be sent to the tenants.

A Member referred to the importance of written reports and it was agreed that a more detailed report would be submitted to the next meeting.

RESOLVED ACCORDINGLY

843. ADDITIONAL ITEMS

(1) Farm Visits

It was agreed that due to foot and mouth it would be inappropriate to resume visits to farms at the present time.

(2) Fawr, Caerwys

In reply to a question, the Senior Building Surveyor said that work was due to start this week. He said that there had been no feedback from the Highways Department and it was agreed that a letter be sent from the Board in this regard.

844. DATES OF NEXT MEETINGS

It was agreed that the next meetings be held on 12th November, 2001 and 7th January, 2002.

Meeting ended at 3.25 p.m.

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404 LIFELONG LEARNING POLICY REVIEW AND SCRUTINY COMMITTEE

Minutes of the meeting of the Lifelong Learning Policy Review and Scrutiny Committee held in the Council Chamber, Town Hall, Ruthin on Tuesday, 13th November, 2001 at 10.00 a.m.

PRESENT

Councillors P.A. Dobb, D.M. Holder (observer), N. Hugh-Jones, M.M. Jones, R.J.R. Jones (observer) and J. Smith (substitute for T.M. Parry) together with Co-opted Members Mrs. C. Ashton, Mrs. G. Greenland, S.J. Hannam, E. Roberts, N. Roberts and J. Saxon.

ALSO PRESENT

Corporate Director Lifelong Learning, Assistant Director Culture and Leisure, Head of Strategy and Resources (Lifelong Learning), Head of Education Services, Acting Head of Countryside and Leisure Services, County Ecologist, Council’s Education Officer (J. Griffiths), County Safety Officer, Childcare Co-ordinator, Administration Services Manager and Administration Officer (K.E. Jones).

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors T.M. Parry (Chair), J.S. Kerfoot Davies, F. Shaw and Co-opted Member P.R. Williams.

In the absence of the Chair, the Vice Chair, Councillor N. Hugh-Jones, took the Chair for the meeting. Councillor N. Hugh-Jones took the opportunity to inform Members that Councillor W. Roberts had replaced Councillor K.P. Stevens on the membership of the Committee and extended a warm welcome to Councillors D.M. Holder and R.J.R. Jones who were in attendance at the meeting as observers.

845. URGENT MATTERS

In accordance with the requirements of Section 100B(4) of the Local Government Act 1972, the Chair declared that he intended to include for discussion the following matter requiring urgent attention:-

Upgrading Home Economic Facilities

The Chair indicated his intention to consider this matter under Part II of the agenda.

846. MINUTES

The Minutes of the meeting held on 17th October, 2001 (previously circulated) were submitted.

RESOLVED that the minutes of the meeting held on 17th September, 2001 be received and approved as a correct record.

847. EXCLUSION OF PRESS AND PUBLIC

RESOLVED that pursuant to Section 100A(4) of the Local Government Act 1972 the Press and Public be excluded from the meeting during discussion of the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 7 of Part 1 of Schedule 12A of the Act.

848. CLWYD LEISURE LIMITED - FINANCIAL INFORMATION

(This item was brought forward on the agenda with the consent of the Chair).

The Chair introduced and welcomed Mr. I. Eldred, Chief Executive and Mr. P. Lloyd, Finance and Administration Manager from Clwyd Leisure Limited to the meeting and advised that those officers would present a report (previously circulated) upon the establishment of the Leisure Trust together with a summary of the Trust’s financial position and performance as at 30th September, 2001. Members were reminded that they had requested that financial information at their meeting held on 11th July, 2001. 405 The Chief Executive of Clwyd Leisure Limited addressed Members and outlined the rationale behind creating the Leisure Trust as a Non Profit Distributing Organisation (NPDO); the continued liaison between Clwyd Leisure Limited and the Council; and the provision of funding in the operation and management of the Leisure Trust.

The Finance and Administration Manager presented an overview of the financial position and performance of Clwyd Leisure Limited and proceeded to highlight the positive and negative points in the operation and management of the Suncentre, Nova, North Wales Bowls Centre and Skytower as at 30th September, 2001.

Members raised a number of questions with the Officers on various aspects of the financial data and management of the Leisure Trust and its facilities. In response to a request from the Vice Chair the Officers agreed to consider the provision of transport for those residents in who could not access Neptunes at the Nova.

RESOLVED that:-

(a) the financial information submitted by Clwyd Leisure Limited be received and noted, and

(b) a further progress report be presented to a future meeting of the Lifelong Learning Policy Review and Scrutiny Committee to be held on 19th March, 2002.

The Chair thanked the Officers for their attendance at the meeting and for the information provided.

849. UPGRADING HOME ECONOMIC FACILITIES

(This item was raised as an urgent Part II item, notice having been given by the Chair at the commencement of the meeting).

Co-opted Member Mrs. C. Ashton reported that as a result of previous inspections of the Home Economic facilities at Rhyl High School the staff and School Governors were informed in July, 2001 that funding had been allocated to the school to upgrade those facilities. On the advice of the Home Economics Adviser the funding allocated to Rhyl High School had subsequently been reallocated elsewhere without any justification or further consultation with the school. Mrs. Ashton expressed concern regarding the lack of consultation and requested that the Committee ensure that in future reasons for allocating funding were clearly communicated to the schools concerned.

The Corporate Director Lifelong Learning expressed her regret over the lack of communication and informed Members that she had written directly to the Curriculum Support Service regarding the priorities for upgrading such facilities and a response had been received detailing the priority list for funding allocation (copies of that response were made available to Members at the meeting). In response to a Member’s question the Corporate Director advised that the National Assembly ringfenced funding for specific items and those were prioritised within the Lifelong Learning Directorate in accordance with guidelines.

RESOLVED that the position be noted.

At this juncture the Chair reported that Co-opted Member Mr. Eifion Roberts was attending his last meeting of the Committee and paid tribute to his service on the Committee and his valuable contribution to debate. Mr. Roberts conveyed his thanks to the Committee.

850. OPEN SESSION

Upon completion of the foregoing the meeting resumed in open session.

851. EARLY YEARS DEVELOPMENT PLAN 2001/02

(This item was brought forward on the agenda with the consent of the Chair).

406 The Corporate Director Lifelong Learning introduced and welcomed Karen Griffiths, HM Inspector from Estyn to the meeting and explained that Ms. Griffiths was spending three days with the Council to observe how partnerships worked within Lifelong Learning. She felt that this item would be of specific interest in view of the numerous partnerships involved within Denbighshire Childcare.

At the invitation of the Chair the Council’s Childcare Co-ordinator submitted a report (previously circulated) seeking Members approval of the Council’s Early Years Development Plan 2001/02 (attached to the report) for submission to the National Assembly for Wales.

The Early Years Development Plan for 2001/2002 detailed how at least a free part-time educational place would be available and accessible for every four year old living within Denbighshire and followed the Early Years provision of the standard specified in the Curriculum Assessment Authority for Wales document, “Desirable Outcomes for Children’s Learning Before Compulsory School Age.” Members were advised that the Denbighshire Childcare Partnership would continue to encourage partnership across sectors for developing provision for three and four year olds within Denbighshire to the standards of the Desirable Outcomes document.

The Childcare Co-ordinator was pleased to inform Members that the Denbighshire Childcare Partnership had secured £250,000 from the New Opportunities Fund to develop and create child care places within the County. She explained that there were no cost implications to the Council as costs were met from grants obtained from the National Assembly for Wales. She proceeded to take members through the report in detail and responded to members questions regarding early years provision.

A Co-opted Member referred to every mixed age class having a qualified Nursery Nurse and felt that it was equally important for every Reception Class to have a qualified Nursery Nurse. The Corporate Director Lifelong Learning acknowledged the Member’s comment.

A Member referred to Appendix B (attached to the report) regarding the expected numbers requiring early years places in maintained schools for 2001/2002 and highlighted a number of inconsistencies relating to the standard number of places and the actual number of places available for the provision of pupils. In response the Head of Education Services advised that the inconsistencies had arisen as the figures had been taken from an excerpt of the School Organisation Plan but had been reproduced in a different format for the Early Years Development Plan. He confirmed that he would arrange for a copy of the Schools Admission Booklet to be circulated to all members which clearly detailed the relevant numbers and provision.

RESOLVED that subject to the inconsistencies in Appendix B (as referred to above) being addressed, the Early Years Development Plan 2001/2002 be endorsed and submitted to Cabinet for approval prior to submission to the National Assembly for Wales.

852. LOCAL BIODIVERISTY ACTION PLAN - FRAMEWORK DOCUMENT

The Acting Head of Countryside and Leisure Services submitted a report (previously circulated) seeking Members views on Denbighshire’s Local Biodiversity Action Plan (LBAP) Draft Framework Document (attached to the report). Members were advised that the Government required all local authorities to prepare a LBAP for their area as part of the commitment made to biodiversity conservation and sustainable development. As part of that process the Countryside Service had produced a draft LBAP Framework Document explaining the LBAP process and identifying the key issues and stages required within Denbighshire.

The County’s Ecologist, with the aid of a computer and projector, provided an overview of key habitats and species within the County, highlighting the priorities for wildlife conservation and outlining the specific action plans required to address the needs of local wildlife within Denbighshire. During the presentation the Officers responded to Members questions regarding the Action Plan particularly referring to costing implications. Members were advised that the Officers were not as yet in a position to provide detailed costings, however, any approval for additional expenditure would be sought through Cabinet and Council as part of future budget rounds.

The Chair thanked the Officers for their interesting and informative presentation.

407 RESOLVED that the Local Biodiversity Action Plan Framework be endorsed and the next stages in the Local Biodiversity Action Plan process be approved.

At this juncture (11.50 a.m.) the meeting was adjourned for five minutes.

853. SPORTLOT COMMUNITY INVESTMENT PROGRAMME

The Assistant Director Culture and Lesiure submitted the Acting Head of Countryside and Leisure Services’s report (previously circulated) seeking Members support for a capital bid to be made under the SPORTLOT Community Investment Programme to refurbish Rhyl Leisure Centre.

Members were reminded that in June, 2001 Cabinet had agreed that a bid be made under the SPORTLOT Community Investment Programme for five projects with Rhyl Leisure Centre Refurbishment being given top priority. All five projects failed to be awarded grant in the first round and an invitation from SPORTLOT was received on 12th October, 2001 to bid for round two. Following consultation with the Sports Council and the findings of a special Community Investment Programme conference it was recommended that only one project should go forward in round two being a modified version of the original top priority scheme to refurbish Rhyl Leisure Centre. The project would provide supporting measures to enhance access particularly for two target groups - women and girls and the socially excluded.

The Assistant Director advised that the precise make up of the capital works to be put forward as part of the bid had not yet been finalised and outlined the proposed details for inclusion within the bid. She also provided Members with details of the timetable for making bids and details of the consultation process on the project.

Co-opted Member Mrs. C. Ashton welcomed the proposal for the refurbishment, however, she expressed concerns regarding the provision of crèche facilities at the Leisure Centre and the subsequent implications for Rhyl High School regarding staffing issues and cost implications. She sought assurances on behalf of Rhyl High School that the costs of providing the crèche facilities would not be devolved to the school.

In response the Assistant Director Culture and Lesiure advised that the provision of crèche facilities was a crucial factor to the success of the bid and explained the measures to be undertaken to minimise the costs should the bid prove successful.

Councillor P.A. Dobb expressed her disappointment that the Authority was not considering the refurbishment of leisure facilities in the southern area of the County and felt that the communities of , Ruthin and were also in desperate need of such investment. The Assistant Director Culture and Leisure advised that Llangollen was likely to be given priority for the next round of bids.

RESOLVED that the proposal for a capital bid to be made under Round Two of the SPORTLOT Community Investment Programme for the refurbishment of Rhyl Lesiure Centre be supported in principle.

854. OUTDOOR EDUCATION SERVICE

The Council’s Education Officer submitted a report (previously circulated) updating members on the current level of Outdoor Education Service provision within Denbighshire and the procedures in place to monitor the uptake and provision of pupils and staff.

The Council’s Education Officer took Members through the report in detail and responded to Members questions regarding provision and activities for pupils at the three Outdoor Centres; funding for outdoor sports teams; accommodation costs incurred by the pupils; subsidies and remission; ratio of pupils and staff; health and safety issues; staff training; and legal responsibilities for pupils outside the County.

Co-opted Member E. Roberts paid tribute to the facilities afforded by the Outdoor Centres in the provision of activities for children and had found the Centres to be fully licensed and excellent value for money. Co-opted Member N. Roberts also echoed those sentiments. 408 RESOLVED that the report be received and noted.

855. TEACHER TRAINING - RESTRAINT TECHNIQUES

The Administration Services Manager submitted the Head of Education Services’s report (previously circulated) updating members on the current position regarding “Managing Aggression and Violence in Children who present difficult and challenging behaviours” training within Denbighshire; demonstrating that measures were in place to offer such training to staff dealing with pupils with difficult and/or challenging behaviour; and highlighting specific pressures areas regarding that training.

The Administration Services Manager explained that the Corporate Health and Safety and Welfare Panel had requested that such training be established in all schools and for that training to be funded by the National Assembly for Wales. Reference was made to a letter received from the National Assembly (attached to the report) which had recommended that the funding should come from the GEST scheme.

The County’s Safety Officer reported upon the current and future level of training provision and training needs. She advised that no further funding could be obtained from Objective 1 for future training and that the main pressure area was securing funding for those training events. Members were advised that a training course for twelve people would cost approximately £4,000 to include course fees and supply cover.

The Administration Services Manager suggested that the Committee oversee a future training programme in conjunction with Corporate Directors, Heads of Service and the County’s Safety Officer to identify those schools and teachers who would need to be trained in restraint techniques.

During the ensuing discussion Members requested the Officers to investigate the possibility of training Denbighshire Staff as trainers to enable courses to be run internally rather than from an external source and to approach ELWA for possible funding allocation.

RESOLVED that the report be received and noted and the County Safety Officer’s attempts to secure future funding be supported.

856. AUDIT OF CULTURE AND LEISURE FACILITIES

Councillor P.A. Dobb referred to Minute No. 3 of the Resources Policy Review and Scrutiny Committee held on 18th October, 2001 when it was resolved that an audit be undertaken of all leisure and culture facilities within the County (including revenue and capital budgets together with projected capital spend) and that the resultant report be submitted to the Lifelong Learning Policy Review and Scrutiny Committee for consideration. In response to the Member’s questions the Assistant Director Culture and Leisure advised that the confidential report on the Culture and Leisure Zero Base Budget 2001/2002 circulated at the Resources Scrutiny Committee meeting had been previously submitted to the Lifelong Learning Scrutiny Committee and that the audit of Culture and Leisure facilities would consist of asset management planning and initially of a review of the County’s leisure centres. The audit would be submitted to the Lifelong Learning Scrutiny Committee upon completion for members consideration.

RESOLVED that the position be noted.

The meeting concluded at 12.50 p.m.

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409 RESOURCES POLICY REVIEW AND SCRUTINY COMMITTEE

Minutes of the meeting of the Resources Policy Review and Scrutiny Committee held in the Conference Room, Trem Clwyd, Ruthin on Tuesday, 13th November, 2001 at 2.00 p.m.

PRESENT

Councillors W.G. Thomas (Chair), S. Drew, K.N. Hawkins, D.M. Holder (observer), R.E. Jones, R.J.R. Jones (observer), E.A. Owens (observer), G. Williams, P.O. Williams and R. Ll. Williams

ALSO PRESENT

Corporate Director Resources, Financial Controller, Head of ICT, Corporate Property Officer, Administration Services Manager and Administration Officer (K.E. Jones)

857. MINUTES

The Minutes of the meeting held on 18th October, 2001 (previously circulated) were submitted.

Accuracy and Amendments

Page 2 - Item 4 - Review of Cabinet Decision - North Wales Indoor Athletics Facility - Councillor G. Williams wished it to be recorded that he had serious reservations regarding the minuting of this item which he considered did not accurately reflect the full and detailed debate in scrutinising the Cabinet’s decision not to submit a bid for SPORTLOT grant. Councillor Williams referred to a written list of questions he had raised with the Officers and Cabinet Members at that meeting which he had subsequently submitted for inclusion within the minutes and he expressed concern that the majority of those questions had not been recorded. He also did not consider Resolution (a) to be an accurate reflection of the outcome of the debate as he was not satisfied with the explanations given by the Cabinet Members and Officers and there was no mention of the need to ensure that a more extensive consultation process be undertaken in the future.

The Chair concurred with the view of Councillor G. Williams that the minutes had not accurately reflected the debate and stated that he had not accepted the explanations provided at the meeting and had not agreed with the conclusions and assumptions of the Cabinet Members and Officers concerned. He also believed that the minute implied that the Headteacher of Rhyl High School had not supported the proposed development which had not been the case and that any reference to the grant had been omitted leaving the impression that the total cost of the project to the Authority was £1.64m.

The Administration Services Manager referred to the considerable debate of that item at the meeting and the difficulty in providing a verbatim record of the proceedings and believed that the minute recorded a fair and accurate reflection of the debate. He also felt that the majority of the questions raised by Councillor G. Williams had been included in the minutes. As no firm resolution had arisen from the debate it had been assumed that the explanations given were accepted at the meeting. Councillor R.E. Jones also referred to the difficulty of condensing such a long and detailed debate into minute format and agreed that some of the questions raised by Councillor G. Williams had been included in the minutes. It was agreed that a resume of the questions raised by Councillor G. Williams be included in the minutes for record purposes.

Councillor S. Drew stated that the explanations given for the decision had clearly revealed the lack of consultation undertaken and referred to the importance of carrying out a full consultation exercise prior to reaching a decision. Members had felt that the consultation process in relation to the proposed project was inadequate and had agreed that a wider consultation exercise be carried out in the future and felt that this view should have been recorded within the minutes to form part of the resolution.

Councillor G. Williams referred to the proposal put forward by Councillor G.M. Kensler that an audit be undertaken of all leisure and culture facilities (page 3, final paragraph). He indicated that Councillor Kensler was not a member of the Committee and therefore proposed an amendment that the minute should read “Councillor G.M. Kensler suggested and it was proposed by Councillor G. Williams and seconded by Councillor P.O. Williams that an audit be undertaken etc.” 410 Councillor P.O. Williams advised that the numbering of the minutes in both the Welsh and English versions were incorrect and requested a correction to the minutes for the numbers to run consecutively.

With regard to the retrospective approval of the decision not to submit a bid for SPORTLOT grant by Cabinet the Chair requested that the Administration Services Manager seek legal advice from the Council’s Monitoring Officer regarding the legality of that decision and report back to the Committee thereon.

During the ensuing discussion Members considered the items for amendment and it was:-

RESOLVED that subject to the following the minutes be approved as a correct record:-

(i) the following written questions submitted by Councillor G. Williams be noted for record purposes:-

(a) will the Council’s proposed vision for Rhyl be affected by the decision not to submit a SPORTLOT bid;

(b) did any consultation take place with the Rhyl Sport and Education Partnership regarding the bid;

(c) were any of the anti social costs to the County Council, North Wales Police, private sector taken into account when deciding that the project was too costly;

(ch) would the formation of a Trust for the facility achieve a reduction in rates from £100k to £20k, and

(dd) why were other Counties able to respond in time and Denbighshire couldn’t.

(ii) page 3, final paragraph “Councillor G.M. Kensler proposed and was duly seconded by Councillor G. Williams that an audit be undertaken” to be replaced by “Councillor G.M. Kensler suggested, and it was duly proposed by Councillor G. Williams and seconded by Councillor P.O. Williams that an audit be undertaken”;

(iii) Resolution (a) - final sentence “be accepted” to be replaced with “be accepted reluctantly and in future a full consultation exercise be carried out on any similar applications”, and

(iv) the correction of the minute numbers in both the Welsh and English versions to run consecutively.

858. UPDATE ON ASSET MANAGEMENT PLANS AND ASSET MANAGEMENT PLANNING

The County Asset Manager submitted the Corporate Property Officer’s report (previously circulated) updating Members on the Authority’s asset management plans and asset management planning. Members were reminded that Denbighshire had £225m of property assets and a spending backlog of between £30 - 40m, consequently, considerable changes would need to be achieved to enable the property portfolio to become sustainable.

The County Asset Manager proceeded to take Members through the report in detail, particularly referring to the official guidance document relating to asset management planning; the three year timetable 2001-2004 for Welsh local authorities to introduce good practice in asset management; and the Authority’s progress in introducing strategic asset management planning within Denbighshire.

As part of the introduction of asset management planning within Denbighshire the Corporate Property Unit had published the first three in a series of ‘Property Primer’ booklets and copies of those booklets were made available to Members at the meeting.

411 Councillor G. Williams expressed concern that the relevant Lead Cabinet Member would have sole responsibility for the Authority’s asset management plan and felt that this was too much responsibility for one person. The Chair concurred with that view and also expressed his concern regarding the degree of control that the Committee would have over the asset management process. In response the County Asset Manager advised that both Members and Officers would be involved in the setting up process and explained the function and role of the proposed Asset Management Group and the Capital Programme Group. Reference was also made to the membership of other associated groups including the Property Review Group and the Task and Finish Group set up to review capital monitoring procedures. Councillor E.A. Owens also advised that asset management falls under the jurisdiction of the Resources Scrutiny Committee and that any decisions of the Cabinet regarding asset management may be scrutinised by the Committee in the usual manner.

During the ensuing debate Members took the opportunity to raise questions with the County Asset Manager including the sustainability of the property portfolio and the introduction and co-ordination of the asset management planning. Members referred to ‘needs led’ provision and the need to prioritise and meet the corporate objectives of the Council and requested that they receive periodic progress reports at future meetings.

Councillor G. Williams requested a terrier of properties for each town to ensure Members were aware of the assets in each community. In response the County Asset Manager advised that a list of properties was available from the Council’s Estate Section.

RESOLVED that the report of the Corporate Property Officer be accepted and that a further progress report be submitted to the Committee in six months time, or earlier if deemed appropriate by the Corporate Property Officer.

The Chair thanked the County Asset Manager for his attendance at the meeting.

859. CAPITAL SCHEME - RUTHIN ALL WEATHER PITCH

(This item was brought forward on the agenda with the consent of the Chair. This item was to be considered under Part II of the agenda but Members agreed to consider the item under Part I).

Councillor R.E. Jones referred to a report (previously circulated as confidential under Part II of the agenda) detailing the funding of the capital scheme for the Ruthin All Weather Pitch. Councillor Jones explained the reasoning behind his request for that report and the difficulty he had experienced in researching whether the application for funding had been approved by Cabinet. He read out an extract of Minute No. 23 of the Cabinet held on 25th September, 2001 regarding the Capital Programme Group Report and expressed concern that there was no specific reference to the capital scheme for Ruthin All Weather Pitch. Councillor Jones felt that the individual schemes and amounts should have been recorded in the Cabinet minutes.

Councillor G. Williams also expressed his concern regarding the lack of detail recorded within the Cabinet Minutes and felt that those minutes should provide more information. Councillor E.A. Owens suggested that if Members were not satisfied with the contents of the Cabinet Minutes they should pursue the matter with the Council’s Monitoring Officer.

In response to a question from Councillor R.E. Jones, Councillor E.A. Owens confirmed that fencing, seating and bins had been provided at Cae Hywel, Denbigh at the request of the Community Groups. Councillor Owens also took the opportunity to report upon the capital programme and advised that £100k had been allocated specifically for playground equipment of which £95k remained for allocation. Funding was also available for community projects and she encouraged Members to bid for those grants.

RESOLVED that the report be received and noted.

860. ICT DEPARTMENT - PERFORMANCE MANAGEMENT REPORT FOR THE YEAR 2001/02 (QUARTERLY 2 JULY - SEPTEMBER)

The Head of ICT submitted a report (previously circulated) on the performance management of the ICT service for the year 2001/02 (Quarter 2 July - September). 412 The Head of ICT advised Members of the position of the ICT Department in relation to the objectives and priorities of the Council and took Members through the report in detail, referring to the Department’s Action Plans; Performance Indicators; E Government Performance Indicators; Financial Performance; and commitment towards improving their Welsh Language Service. He also apprised Members of the Best Value Inspection of the ICT Service and advised that the Interim Challenge was to be held on 19th November, 2001. Members raised various questions with the Head of ICT regarding the report including the provision and funding for staff training and the Welsh Language Policy. With regard to staff training Councillor P.O. Williams felt that the funding for training should be provided by the individual departments concerned and not the ICT department.

Overall Members were pleased with the findings of the report and it was:-

RESOLVED that the report be received and noted.

The Chair thanked the Head of ICT for his report and attendance at the meeting.

861. EXCLUSION OF PRESS AND PUBLIC

RESOLVED that pursuant to Section 100A(4) of the Local Government Act 1972 the Press and Public be excluded from the meeting during discussion of the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 7 of Part 1 of Schedule 12A of the Act.

862. DENBIGHSHIRE COUNTY COUNCIL INSURANCE ARRANGEMENTS

The Financial Controller submitted the Insurance Officer’s confidential report (previously circulated) detailing the current insurance arrangements for the Authority together with an overview of the last five years claims experience. Members were also advised of the subsequent impact on insurance in terms of premiums, stop loss and excesses as a result of the recent events in America involving the terrorist attacks.

During the ensuing deliberations Members took the opportunity to put questions to the Financial Controller regarding the content of the report including the reserve on claims; road maintenance programme; departmental responsibilities and excess payments and risk management.

RESOLVED that the report be received and noted.

The meeting concluded at 4.25 p.m.

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413 DENBIGHSHIRE COUNTY COUNCIL

Minutes of the Special meeting of the County Council held in the Council Chamber, Town Hall, Ruthin on Wednesday 14th November, 2001 at 10.00 a.m.

PRESENT

Councillors D. Jones (Chairman) J. Butterfield, M. Ll Davies, P.A. Dobb, P. Douglas, S. Drew, E.C. Edwards, A.E. Fletcher-Williams, I.M. German, M.A. German, K.N. Hawkins, D.M. Holder, N.J. Hughes, R.W. Hughes, N. Hugh-Jones, E.R. Jones, F.D. Jones, G. Jones, M.M. Jones, P.M. Jones, R.E. Jones, R.J.R. Jones, G.M. Kensler, D.M. Morris, E.A. Owens, A.E. Roberts, J.A. Smith, S. Thomas, W.G. Thomas, W.R. Webb, K.E. Wells, C.H. Williams, E.W. Williams, G. Williams, P.O. Williams, R.Ll. Williams.

ALSO PRESENT

Acting Chief Executive, County Clerk, Head of Personnel, Administration Services Manager and Assistant Personnel Officer (Mrs. Linda Jones).

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors S. Kerfoot-Davies, T.M. Parry, W. Roberts, F. Shaw, K.P. Stevens and D.A. Thomas

BEREAVEMENT

The Chairman referred to the sudden death of former Councillor Dilwyn Lloyd Williams and thanked those Members who had attended his funeral on 7 November 2001 He also referred to the death of Mr. Trevor Aldrich, former Chief Officer of Glyndwr District Council whose funeral was to take place that afternoon.

Members and Officers stood in silence as a mark of respect.

863. EXCLUSION OF PRESS AND PUBLIC

RESOLVED that under Section 100A(4) of the Local Government Act 1972, the Press and Public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972.

864. APPOINTMENT OF CHIEF EXECUTIVE

The County Clerk informed Members of the practical arrangements to be followed for the interviews for the above-mentioned post. He indicated that Mr. Tim Lewindon of Rileys Consultants would give a summary of the assessment centre undertaken on the two candidates following the interviews.

The Acting Chief Executive referred to the questions to be put to the candidates some of which would be generic to both candidates and others would reflect the outcome of the individual assessment centres.

Following the recruitment process for the post of Chief Executive, the following two candidates had been invited for interview:-

Mr. G. F. Edwards and Mr. I.R. Miller

The candidates were interviewed in the above order, asked to make a ten minute presentation and to provide answers to questions (unseen prior to interview).

Following the interviews Mr. Tim Lewindon of Rileys Consultants briefed Members on the results of the assessment centre and responded to questions thereon. Members discussed the merits of each candidate and agreed that they were in a position to make an appointment to the post.

414 Councillor G. Williams proposed, seconded by Councillor M. A. German that voting should be by ballot.

Councillor W.R. Webb proposed an amendment, seconded by Councillor R.E. Jones that voting be undertaken by a show of hands. Upon being put to the vote the amendment was declared LOST and it was:-

RESOLVED that the voting be carried out by private ballot.

The Chairman announced the results of the ballot and following discussion on the terms and conditions of the post it was:-

RESOLVED that Mr. I.R. Miller be offered the post of Chief Executive on Point 2 of the salary range subject to a satisfactory medical report and references and to a 6 month probationary period.

Following a brief adjournment, the Head of Personnel indicated that Mr. Miller would be happy to accept the post on the above terms and conditions. The Chairman congratulated Mr. Miller on his appointment and wished him every success with Denbighshire

The meeting concluded at 12.40 p.m.

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415 LICENSING PANEL

Minutes of the meeting of the Licensing Panel held in the Council Chamber, Town Hall, Ruthin, on Tuesday, 20th November, 2001 at 10.00 a.m.

PRESENT

Councillors P.J. Williams (Chair), J. Butterfield, M. Ll. Davies, P.A. Dobb, A.E. Fletcher-Williams, I.M. German, D. Jones, F.D. Jones (observer), R.J.R. Jones (observer), T.M. Parry, W. Roberts (observer), J.A. Smith, A.J. Tobin and P.O. Williams

ALSO PRESENT

Head of Public Protection and Regulatory Services, Solicitor (A. Walsh), Specialist Environmental Health Officer Pollution Control, Administration Assistant (Licensing/Regulatory), Licensing Inspector and Administration Officer (K.E. Jones)

865. PROCEDURE FOR THE DETERMINATION OF LICENSING APPLICATIONS

The Head of Public Protection and Regulatory Services submitted a report (previously circulated) upon:-

(i) the need to amend the procedure for the determination of Licensing applications in view of the implementation of the Human Rights Legislation, and

(ii) referred to a draft set of rules and procedures to be adopted for the future determination of applications (Appendix One) together with a précis of the suggested procedure which could be used as the Chairman’s guide.

The Head of Public Protection and Regulatory Services referred to the Licensing Members Training held on 2nd November, 2001 when the County’s Legal Services Manager raised the need to amend the procedure for the determination of Licensing applications to take into account both the Human Rights Legislation and the transfer of the licensing functions from the County Clerk to the Head of Public Protection and Regulatory Services. Members had considered the various licensing procedures on that day and had put forward certain amendments/additions which had been included within the final draft for approval by the Panel. He proceeded to take Members through the procedures and responded to questions thereon. In response to a Member’s question regarding the provision of a Welsh translation of the procedures the Head of Public Protection and Regulatory Services confirmed that those procedures had been submitted for translation. After further consideration of the amendments to the procedures it was:-

RESOLVED that the draft procedures for the determination of applications as outlined in Appendix One be approved.

866. HACKNEY CARRIAGE LICENSING: APPLICATION FOR A RURAL HACKNEY CARRIAGE LICENCE

The Head of Public Protection and Regulatory Services advised that the application for the grant of a rural hackney carriage licence (previously circulated) from Mr. P.T. Jones of Denbigh had been withdrawn.

867. HACKNEY CARRIAGE LICENSING: APPLICATION FOR A RURAL HACKNEY CARRIAGE LICENCE

The Head of Public Protection and Regulatory Services submitted a report (previously circulated) upon:-

(i) an application received from Mr. A.J. Bell of Rhyl for the grant of a rural hackney carriage licence;

416 (ii) the Licensing Panel held on 30th May, 2001 having resolved that future applications for the grant of rural hackney carriages licences be considered by the Licensing Panel;

(iii) the applicant proposing to operate the rural hackney carriage licence in conjunction with Stanley’s Taxis based in Rhuddlan who were currently operating three rural hackney carriages in that area, and

(vi) indicating that a rural hackney carriage was permitted to operate anywhere within the Council’s rural area.

Mr. Bell addressed the Panel in support of his application indicating that he was employed by Stanley’s Taxis, Rhuddlan as a licensed driver. He referred to the increase in demand for taxis in the Rhuddlan area and wished to license his own vehicle to help meet that demand. He confirmed that if his application was granted he would be operating his licence in conjunction with his current employer in the Rhuddlan area of the County.

In response to a Member’s question the Head of Public Protection and Regulatory Services advised that there were no numerical restrictions on hackney carriages operating within the Council’s rural areas.

Having received an assurance from the applicant that the licence would only be operating in the rural area and not in the urban areas of Rhyl and Prestatyn it was proposed and seconded that the application be granted. Upon being put to the vote it was:-

RESOLVED that the application be granted upon the usual terms and conditions and the applicant be reminded that the licence was strictly for use in the rural area of Denbighshire and that journeys into Rhyl and Prestatyn should only be made to either the passenger’s destination or to collect passengers in connection with a prearranged booking.

868. GAME ACT 1831 - GAME DEALER’S LICENCE - MARKS & SPENCER, HIGH STREET, RHYL

The Head of Public Protection and Regulatory Services submitted a report (previously circulated) upon:-

(i) an application received for the grant of a Game Dealers Licence in respect of the above named premises;

(ii) the grant of a licence under the Act authorising the buying and selling of game;

(iii) game being defined as hares, pheasants, partridges, grouse, heath or moor game and black game, woodcock, snipe, rabbit and deer, and

(iii) indicating that the applicant also required an excise licence issued by the Post Office as agents for the Council.

The Council’s Solicitor advised that a Game Dealer’s Licence must be granted to a named individual and if Members were minded to grant the application the licence could not be granted to the same individual holding the liquor licence. The Head of Public Protection and Regulatory Services confirmed that if the application was granted the Licensing Section would ensure that this condition was adhered to.

RESOLVED that the application for a Game Dealer’s Licence be approved in accordance with the conditions as stipulated by the Game Act 1831.

417 869. GAME ACT 1831 - GAME DEALER’S LICENCE - SAFEWAYS STORE PLC, SMITHFIELD ROAD, DENBIGH

The Head of Public Protection and Regulatory Services submitted a report (previously circulated) upon:-

(i) an application received for the renewal of a Game Dealers Licence in respect of the above named premises;

(ii) the grant of a licence under the Act authorising the buying and selling of game;

(iii) game being defined as hares, pheasants, partridges, grouse, heath or moor game and black game, woodcock, snipe, rabbit and deer, and

(iii) indicating that the applicant also required an excise licence issued by the Post Office as agents for the Council.

RESOLVED that the application for a Game Dealer’s Licence be approved in accordance with the conditions as stipulated by the Game Act 1831.

870. PUBLIC ENTERTAINMENT LICENSING: COMMUNITY HALL, CWM ROAD, DYSERTH

The Head of Public Protection and Regulatory Services submitted a report (previously circulated) and provided a verbal update upon:-

(i) an application received for a public entertainment licence in respect of the above-named premises requesting permitted hours from Monday to Thursday 2.00 p.m. - 11.00 p.m. and Friday to Saturday 2.00 p.m. to midnight;

(ii) the Council’s Building Control Section having raised no objection to the application and there having been no objections received in response to the requisite public notice, and

(iii) the Council’s Pollution Control Section having no observations other than to remind applicants of the noise control condition in view of the small number of residential properties adjacent to the premises.

The applicant, Ms. Daley, addressed the Panel in support of her application and advised that the Community Hall had recently reopened and she wished to provide public entertainment at the premises. In response to a Member’s question Ms. Daley advised that should Members grant the application entertainment would be provided on an occasional basis to coincide with a particular event being held.

Inspector R. Schwarz from the North Wales Police and Fire Officer S. Murray from the North Wales Fire Service advised that they had no objection to the application.

RESOLVED that the application be granted.

871. PUBLIC ENTERTAINMENT LICENSING: RIVER LODGE, MILL STREET, LLANGOLLEN

The Head of Public Protection and Regulatory Services submitted his report (previously circulated) and provided a verbal update upon:-

(i) an application received for a public entertainment licence in respect of the above-named premises requesting permitted hours from Thursday to Saturday 11.00 a.m. - 1.00 a.m. and Sunday 11.00 a.m. to 12.30 a.m.;

(ii) the North Wales Fire Service and the Council’s Building Control and Pollution Control Sections having raised no objection to the application and there having been no objections received in response to the requisite public notice, and

418 (iii) the North Wales Police having raised objections to the grant of a licence (copy letter attached to the report) on the grounds of the potential increase in noise nuisance and public disorder problems.

The Head of Public Protection and Regulatory Services confirmed that the applicant, Mr. V. Baker, was in attendance at the meeting in support of his application.

The Head of Public Protection and Regulatory Services advised that, immediately prior to the meeting, a representative of the residents of Bishops Walk, Llangollen had submitted a petition on their behalf objecting to the grant of the licence. The applicant, Mr. Baker, advised that he had not been aware of the existence of the petition and had not been informed of the grounds of objection to his application; consequently he requested that the petition be withdrawn and not taken into consideration when determining his application.

At this juncture (10.20 a.m.) the meeting was adjourned for ten minutes to allow the applicant to fully read the petition and the reasons for the objection.

Upon resuming the proceedings the Head of Public Protection and Regulatory Services advised that, having read the petition, Mr. Baker wished the hearing of his application to continue. The Head of Public Protection and Regulatory Services read out the reasons for the objection to the application as detailed within the petition and advised that the proposed hours of operation of the public entertainment licence on which the petition was based were factually incorrect. He further advised that he had brought that error to the attention of the residents’ representative and she had declined to address the Panel in support of the petition and respond to questionning thereon; and had subsequently left the building.

The Council’s Solicitor gave a legal viewpoint on the situation and advised Members that as part of their decision making process they should consider whether or not to accept the submission of the petition in deciding whether to grant the application. She advised that there were no representatives in attendance at the meeting to support the petition and that the applicant had indicated that he would like the opportunity to put questions to the objectors regarding those representations.

In response to a Member’s question the Head of Public Protection and Regulatory Services confirmed that the hours of operation as specified within the requisite public notice had been published correctly.

In the absence of a representative to support the petition and in view of the facts as detailed within the petition being incorrect it was proposed and seconded that the petition be disregarded and not taken into account when considering the application. Upon being put to the vote it was:-

RESOLVED ACCORDINGLY.

At the invitation of the Chair, the applicant, Mr. Baker addressed the Panel in support of his application indicating that he had owned the premises subject of the application for twenty years and had held public entertainment licences in the past. He reported that not having a public entertainment licence was restricting his business activities as he was unable to cater for a vast array of entertainment at the premises. He further advised that he had restricted the hours of operation in his application to 1.00 a.m. in view of the possible objections to a later licence.

In response to Members questions Mr. Baker advised that:-

- he had a wealth of experience being in the industry thirty three years and having held a public entertainment licence in two premises in Llangollen until 1.00 a.m. and premises in the Liverpool and the Wirral until 2.00 a.m.;

- he employed between two and four registered door staff at the premises and had the benefit of CCTV cameras operating within the premises using four hour tapes which were kept for a minimum of one month;

419 - the composition of the hotel having twenty-two bedrooms; a function suite to accommodate between 400 and 500 persons; and his application for permitted numbers being 380 to restrict the number of patrons and subsequently minimising the potential disorder within the vicinity, and

- confirmed that the premises was not a night club type premises.

In response to a Member’s question regarding the operation of the premises Mr. Baker advised that the North Wales Police had approached him regarding an anonymous complaint received involving allegations of underage drinking and the conduct of his customers. He read out a letter (dated 21st August, 2001) of his response to those allegations in which he refuted the allegations of underage drinking but explained a number of additional measures being undertaken in the operation and management of the premises as a result of the complaint including:-

- prohibiting patrons from leaving the premises with glasses or bottles;

- arranging for staff to periodically check the Bishops Walk area to remove any discarded glasses and bottles left by patrons, and

- displaying posters in the bar area of the premises to deter underage drinking.

Sergeant Colin Jones of the North Wales Police addressed the Panel and formally objected to the application. He referred to a letter (previously circulated) submitted by the North Wales Police detailing the grounds for objection and provided details of a number of serious incidents of public disorder and nuisance affecting the policing of the area and impact on nearby residents occurring between 1987 - 1989. Whilst appreciating that the public disorder problems occurred some time ago, Sergeant Jones submitted that those incidents were relevant to the current application in so far as the surrounding circumstances remained the same. He further reported upon recent complaints received from nearby residents as previously referred to by Mr. Baker in terms of underage drinking and the conduct of patrons walking to and from the premises and submitted the following additional concerns:-

- since those incidents in 1987 - 1989 a new housing estate (Bishops Walk) had been built in close proximity to the premises and he expressed his concerns regarding the impact of noise and public disorder on those residents should the application be granted;

- his belief that the volume and dispersal of patrons leaving the premises would increase public disorder problems and the subsequent impact on police resources would be to the detriment of the surrounding community;

- there being no easy means of egress from the town as taxi provision was limited causing patrons to congregate in the vicinity, and

- referred to the location of the premises and road safety concerns.

In response to Members questions Sergeant Jones indicated that:-

- at the times the serious incidents occurred between 1987 - 1989 the premises was in the ownership of Mr. Baker;

- all recent complaints had been received from the residents of Bishops Walk (detailed incidents from 10 Aug - 18 Nov) including bottles being smashed against property and thrown in gardens; rowdy behaviour of underage drinkers; and noise nusiance;

- as a result of those recent complaints regarding underage drinking no prosecutions had been made or summons issued, and

- during the period when the premises were closed there had been no record of public nuisance or disorder within the vicinity.

420 In conclusion Sergeant Jones summarised the Police objections to the application and reiterated his concerns regarding the potential increase in public nuisance and disorder; the probable impact on nearby residents in relation to public disorder and noise nuisance; and the likely impact on the policing of the community.

In response to a question by Mr. Baker, Sergeant Jones confirmed that he had no record of any incidents or requests for assistance from the applicant or staff at the premises over the last eighteen months.

In addressing the submission by the North Wales Police, Mr. Baker wished to clarify the following points:-

- the public entertainment licence was held in his name for the years 1986/87 and that he did not hold that licence between 1988/89 when the serious incidents as referred to by North Wales Police had occurred;

- at the time those incidents occurred he owned four premises and was based in another premises in Llangollen, and

- he had not applied for renewal of the public entertainment licence in 1989 and as a consequence the Special Hours Certificate was rescinded.

Fire Officer S. Murray of the North Wales Fire Service addressed the Panel and confirmed that an inspection of the premises had recently been carried out and he had no objection to the application based on the requested number of persons to be admitted being 380.

The Head of Public Protection and Regulatory Services gave a brief resume of the evidence that had been presented and reminded Members to disregard the petition when determining the application.

Mr. Baker summed up his application and advised that the operation of his business activities would be restricted without the benefit of a public entertainment licence. He advised that the Council had recently granted him an occasional public entertainment licence for a 3/4 day period to host a jazz festival and no problems were experienced at that time.

At this juncture the applicant, all third parties and officers of the Council other than the Committee’s Legal Advisor and the Committee Administration Officer left the meeting.

In considering the merits of the application Members were mindful of the concerns expressed by the North Wales Police and the potential for increased public disorder problems, noise nuisance and disturbance to nearby residents. In the light of those concerns Members considered restricting the hours of operation of the public entertainment licence and granting the licence for a trial period of six months.

It was proposed and seconded that the application be granted with restricted hours of operation being Thursday to Saturday 11.00 a.m. - 12 midnight and Sunday 11.00 a.m. - 11.30 p.m. for a trial period of six months and that the officers monitor the premises over the trial period to assess the impact of the level of noise and disturbance generated from the premises on the locality.

An amendment was proposed and seconded that the hours of operation applied for by the applicant be granted for a trial period of six months and that the officers monitor the premises over the trial period to assess the impact of the level of noise and disturbance from the premises on the locality.

Upon being put to the vote the amendment was LOST. The substantive motion upon being put to the vote was declared CARRIED. Accordingly it was:-

RESOLVED that:-

(a) the application be granted with restricted hours of operation being Thursday to Saturday 11.00 a.m. - 12 midnight and Sunday 11.00 a.m. - 11.30 p.m. for a trial period of six months, and

421 (b) the officers monitor the premises over the trial six month period to assess the impact of the level of noise and disturbance from the premises on the locality.

The Chair then conveyed the decision of the Panel to the applicant.

At this juncture (12.15 p.m.) the meeting was adjourned for five minutes to allow Members to participate in refreshments.

872. PUBLIC ENTERTAINMENT LICENSING: WHITE HORSE INN, BEDFORD STREET, RHYL

The Head of Public Protection and Regulatory Services submitted his report (previously circulated) upon:-

(i) an application received for a variation of the public entertainment licence held in respect of the above named premises requesting permitted hours to 12.00 midnight Friday to Sunday, and

(ii) the North Wales Police and the Council’s Building Control Section having raised no objection to the application and there having been no objections received in response to the requisite public notice.

Mr. G. Pritchard addressed the Panel in support of his application indicating that he catered for a mature clientele who would appreciate an extension to the permitted hours. In response to a question raised by Inspector R. Schwarz of the North Wales Police regarding his intentions for public entertainment Mr. Pritchard advised that he would be providing different forms of entertainment depending on the preference of his customers. A Member referred to the premises being situated in a residential area and the Head of Public Protection and Regulatory Services advised that the requisite public notice had been published and no representations or objections to the variation of hours had been received.

Fire Officer S. Murray of the North Wales Fire Service addressed the Panel and confirmed that an inspection of the premises had been carried out on 4th June, 2001 and he had no objection to the application.

Members considered the merits of the application and it was:-

RESOLVED that the application for variation of the permitted hours to 12.00 midnight Friday to Sunday be granted.

(Councillor D. Jones took no part in the discussion or voting on that item as he had not been present throughout the entire hearing of the application.)

873. PUBLIC ENTERTAINMENT LICENSING: CASKEYS, VALE ROAD, RHYL

The Head of Public Protection and Regulatory Services submitted his report (previously circulated) upon:-

(i) an application received for a variation of the public entertainment licence held in respect of the above named premises requesting permitted hours to 12.30 a.m. on Sundays or 2.00 a.m. on Sundays after before Bank Holidays (except Easter) in line with the Deregulation (Sunday Dancing) Order 2000;

(ii) the Licensing Panel held on 30th May, 2001 having resolved to consider any application for variation of permitted hours on Sundays received as a result of the Deregulation (Sunday Licensing) Order 2001 on its merits;

(iii) should the application for Sunday variation be granted the applicant may then apply to the Magistrates Court to sell alcohol until 12.30 a.m. on Sundays/Mondays (2.00 a.m.) for Bank Holidays by provision of the Deregulation (Sunday Licensing) Order, 2001;

422 (iv) the North Wales Police and the Council’s Pollution Control Section having raised no objection to the application and there having been no objections received in response to the requisite public notice;

(v) the Licensing Panel held on 30th May, 2001 having resolved to grant the variation of the public entertainment licence to 2.00 a.m. for a trial period of six months subject to various conditions being implemented prior to the grant of a licence, and

(vi) the variation of the public entertainment licence to 2.00 a.m. having not been issued by the Officers as the necessary conditions had not, as yet, been implemented.

The Head of Public Protection and Regulatory Services advised that the applicant, Mr. Taylor was in attendance at the meeting to answer any questions Members wished to raise.

Fire Officer S. Murray of the North Wales Fire Service addressed the Panel and confirmed that an inspection of the premises had been carried out on 23rd May, 2001 and he had no objection to the application.

In response to a Member’s question regarding the conditions to be met prior to the grant of a licence to 2.00 a.m. the Head of Public Protection and Regulatory Services reported upon the erection of a board to separate access from the function room located on the first floor to the ground floor prior to the issue of the licence.

Members considered the merits of the application and it was:-

RESOLVED that the application for variation of the permitted hours to 12.30 a.m. on Sundays or 2.00 a.m. on Sundays before Bank Holidays (except at Easter) be granted.

874. PUBLIC ENTERTAINMENT LICENSING: CROSS FOXES, ROAD, PRESTATYN

The Head of Public Protection and Regulatory Services submitted his report (previously circulated) and provided a verbal update upon:-

(i) an application received for a renewal of the existing public entertainment licence held in respect of the above named premises requesting permitted hours from Friday to Saturday 11.00 a.m. - 11.30 p.m. and a variation of the existing licence requesting the following permitted hours:-

Sundays - 12 noon - 11.00 p.m. Monday, 24th December, 2001 - 11.30 a.m. - 11.30 p.m. Monday, 31st December, 2001 - 11.30 a.m. - 2.00 a.m.

(ii) the Licensing Panel held on 5th July, 2000 having considered an application for a public entertainment licence in respect of the above mentioned premises requesting permitted hours from Monday to Thursday 11.00 a.m. - 11.00 p.m., Friday and Saturday 11.00 a.m. - 1.00 a.m. and Sunday 12 noon - 10.30 p.m.;

(iii) in view of the numerous objections to the application received from members of the public regarding noise nuisance and the concerns expressed by the North Wales Police regarding the impact on Crime and Disorder, Members resolved that subject to the amended closing hour of 11.30 p.m. on Friday and Saturday the application be granted for a trial period of six months;

(iv) the Licensing Panel held on 14th February, 2001 having resolved to defer an application for the renewal of the public entertainment licence to allow the applicant sufficient time to seek legal advice regarding a number of letters of objection to the application which had been received as a result of the requisite public notice;

(v) the Special Licensing Panel held on 14th March, 2001 having resolved to grant the application for a further six month period subject to a number of conditions being met and that officers continue to monitor the premises over that period; 423 (vi) the Council’s Specialist Pollution Control Officer having reported upon the monitoring exercise indicating compliance with the noise control condition;

(vii) there having been one objection received in response to the requisite public notice which had subsequently been withdrawn;

(viii) the North Wales Police having raised no objection to the application subject to the permitted hours remaining as previously granted, and

(ix) the Council’s Pollution Control Section having no observations regarding the application for renewal but having reservations regarding the 2.00 a.m. application for New Years Eve in view of the potential for disturbance to residents by patrons leaving early in the morning.

The Head of Public Protection and Regulatory Services advised that the applicant, Mrs. K. Brewin was in attendance at the meeting in support of the application together with her husband Mr. Brewin.

The Head of Public Protection and Regulatory Services advised that immediately prior to the meeting the Chairman had received a letter from Councillor N. Hugh-Jones, Ward Member, objecting to the application. Councillor Hugh-Jones had been unable to attend at the meeting and wished for his written representations to be considered by the Panel. He advised that if Members were minded to hear the letter of objection the applicant would be given the option to apply for an adjournment to allow her sufficient time to consider the contents of the letter and formulate a response thereon.

The Council’s Solicitor advised Members that they should consider whether to accept Councillor Hugh-Jones’s letter of objection. A Member felt that the letter should have been submitted to all parties concerned at an earlier stage and it was proposed and seconded that the letter of objection be disregarded and not taken into account in determining the application. Upon being put to the vote it was:-

RESOLVED ACCORDINGLY.

Mr. Brewin addressed the Panel in support of the application and reminded Members that at the time the licence was granted on 5th July, 2000 for a six month trial period there were fifty-six objections to the application. In disregarding the letter from Councillor Hugh-Jones there were no objections to the current application for the renewal and variation of the existing licence. Mr. Brewin advised that a scheme to control noise levels within and emanating from the premises had been implemented and the conditions stipulated by the Panel in granting the licence had been adhered to. With regard to the variation to 2.00 a.m. for New Years Eve the applicant advised that should Members be concerned about the late closing hour she would amend the application to a terminal hour of 1.00 a.m., however, the Licensing Justices had granted an extension to the liquor licence until 2.00 a.m.

Members took the opportunity to put questions to the applicant regarding the management and operation of the premises; the measures undertaken to control noise levels emanating from the premises; the number of door staff employed at the premises and the control of patrons.

Inspector Schwarz of the North Wales Police reported upon recorded incidents within the vicinity of the premises but having reviewed those incidents the Police did not wish to object to the application. With regard to the application for New Years Eve, Inspector Schwarz requested that Members consider imposing a condition to prohibit admission into the premises after 11.30 p.m. to assist in the reduction of crime and disorder within the immediate locality.

In response Mr. Brewin advised that the premises had remained open until 5.00 a.m. over the millennium period and no problems had been encountered and no incidents reported.

Fire Officer S. Murray of the North Wales Fire Service addressed the Panel and confirmed that an inspection of the premises had been carried out in March, 2001 and he had no objection to the application.

424 Mr. G. Aveyard, the Council’s Specialist Environmental Health Officer informed Members that:-

- he had received three noise complaints since March, 2001 which had related to a single event held in April, 2001;

- since that event in April, baffles had been fitted to the inside walls of the premises to control the noise level and there had been no further complaints regarding noise nuisance;

- reported upon the monitoring exercise undertaken and advised that no unreasonable noise levels had been detected which indicated compliance with the noise control condition, and

- he expressed some reservations regarding the variation of the closing hour to 2.00 a.m. on New Years Eve regarding the potential for noise and disturbance to residents by patrons leaving the premises in the early hours of the morning.

In response to the Specialist Environmental Health Officer’s reservations regarding the granting of a 2.00 a.m. licence on New Years Eve the applicant reminded Members that the Licensing Justices had already granted an extension to the liquor licence until 2.00 a.m. and therefore refusing the public entertainment licence would not affect the departure time of the patrons.

The Head of Public Protection and Regulatory Services gave a brief resume of the evidence that had been presented following which the applicant, all third parties and officers of the Council other than the Committee’s Legal Advisor and the Committee Administration Officer left the meeting whilst Members considered the application.

Members considered the premises to be well established, well managed and a credit to the applicant. In considering the merits of the application Members were mindful that a liquor licence had already been granted in respect of the premises allowing the serving of alcohol until 2.00 a.m. on New Years Eve. The Panel considered whether the imposition of a condition to prohibit admission into the premises after 11.30 p.m. would assist in the reduction of crime and disorder within the immediate locality or whether that condition would prove an aggravating feature.

It was proposed and seconded that the application for renewal and variation be granted. An amendment was proposed and seconded that the application for renewal and variation be granted subject to the imposition of a condition to prohibit admission into the premises after 11.30 p.m. on New Years Eve. Upon being put to the vote the amendment was declared LOST. The substantive motion upon being put to the vote was declared CARRIED. Accordingly it was:-

RESOLVED that the application for the renewal and variation of the existing public entertainment licence be granted.

The Chair then conveyed the decision of the Panel to the applicant.

875. SEX ESTABLISHMENTS

The Head of Public Protection and Regulatory Services submitted his report (previously circulated) upon:-

(i) an application received for a sex establishment in respect of Foreplay, Brighton Road, Rhyl (the name of the premises to be changed to Licensed Adult Centres Limited should the application be granted);

(ii) the Licensing Panel held on 30th May, 2001 having resolved to revise the existing policy to allow the licensing of sex establishments subject to each application being treated on its merits, taking into account specified criteria together with other material factors;

(iii) the Licensing Panel held on 19th September, 2001 having resolved to formally adopt Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 with effect from 19th November, 2001 to allow the licensing of sex establishments within the Council’s area;

425 (iv) the officers having inspected the premises and found the visibility of the interior of the establishment to passers by inappropriate and recommended a number of conditions (detailed within the report) to be attached to the licence should Members decide to grant the application;

(v) the applicants having been granted a licence by Wellingborough Council for a sex establishment in their area, and

(vi) the North Wales Police having raised no objection to the application and there being no public representation received in response to the requisite public notice.

The Head of Public Protection and Regulatory Services advised that the applicants, Michael and Samantha Matthews were in attendance at the meeting in support of the application.

The Head of Public Protection and Regulatory Services explained the rationale behind the officers recommendations regarding the conditions to be attached to the grant of a licence should Members resolve to approve the application and responded to Members questions thereon.

Mr. Matthews addressed the Panel and referred to a presentation document (circulated at the meeting) which he had produced on behalf of Licensed Adult Centres Limited in support of the application for the issue of a sex establishment licence. Mr. Matthews proceeded to take Members through the presentation document outlining the reasons for the application and referred to plans (attached to the document) of the proposed signage and shop frontage together with plans for obscuring the inside of the premises in response to the officer’s concerns regarding the visibility of the interior of the shop to passers by.

Members took the opportunity to raise questions with Mr. Matthews regarding the displaying of signage and warning notices; the provision of surveillance cameras to prohibit the admission of under 18’s; and the proposed construction of a foyer at the rear of the premises.

RESOLVED that the application be granted subject to the conditions as stipulated in the Head of Public Protection and Regulatory Services’s report.

876. REVIEW OF LICENSING FEES

The Head of Public Protection and Regulatory Services submitted a report (previously circulated) upon:-

(i) the Licensing Panel held on 6th October, 1999 having resolved to review the licensing fees on an annual basis to take into account rises in inflation;

(ii) referred to the existing scale of licensing fees together with the suggested fees for 2002 (attached to the report)

(iii) the need to increase the fees paid for Licensed Drivers and Door Supervisors over and above the rate of inflation with effect from 1st March, 2002 to cover the additional fee incurred for a criminal disclosure check, and

(iv) the policy of the Authority not to charge a fee in respect of public entertainment licensing for charitable organisations where entertainment was of an educational or like character or was given for a charitable or other like purpose, or for a non-profit making organisation.

In considering the suggested increase in fees a Member referred to the licensing of multi screen cinemas and requested that officers investigate the possibility of charging a fee for each individual cinema screen as opposed to issuing one licence for the entire premises. The Head of Public Protection and Regulatory Services agreed to report back to a future meeting of the Panel thereon.

426 RESOLVED that:-

(a) the following scale of fees be approved with effect from 1st January, 2002:-

Hackney Carriage £120

Private Hire Vehicle £120

Transfer of vehicle licence £10

Transfer of vehicle licence and plate £25

Replacement plate £10

Replacement door sticker £10

Private Hire Operator £35

Driver £43

Replacement Badge £15

Refund of Casing - if reusable £6

Door Supervisor - first application £50 renewal £40

Public Entertainment - up to and including 100 persons £116 101 - 150 £197 151 - 200 £278 201 - 400 £546 401 - 600 £820 601+ £1090

Public Entertainment - Occasional Indoor based on maximum numbers as above Occasional Outdoor £209 Transfer £40 Variation of hours £40 Variation of numbers £116

Theatre - annual £205 - occasional £105

Cinema - annual £392 - monthly £131 - transfer £98 - video juke box £195

Late Night Refreshment £165

Foreshore Permit £142

Game Dealers £37

Sex Establishment £5800

427 (b) the fees paid for Licensed Drivers and Door Supervisors to be increased to incorporate (where necessary) the additional fee incurred for a criminal disclosure check for new applications with effect from 1st March, 2002:-

Driver £55

Door Supervisor £62

At this juncture a Member expressed concern regarding the quality and accuracy of the Welsh translation of the reports and referred to paragraph 2.3 of the final report regarding licensing fees which had not been translated and advised that the applicant stipulated in the Welsh report on the River Lodge, Llangollen application differed from the English version. He felt that it was imperative that Welsh translations be checked for inaccuracies and inconsistencies prior to despatch. The Head of Public Protection and Regulatory Services agreed to address the translation issue with the County Clerk.

The meeting concluded at 1.30 p.m.

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428 ENVIRONMENT SCRUTINY COMMITTEE

Minutes of the Environment Scrutiny Committee held in the, Committee Room, Nant Hall Road, Prestayn, on Wednesday, 21st November, 2001 at 10.00 a.m.

PRESENT

Councillors D.A. Thomas (Chair), M.Ll. Davies, K.N. Hawkins (Substitute for E.R. Jones), F.D. Jones (Substitute for S. Thomas), P. Douglas.

ALSO PRESENT

County Clerk, Corporate Director-Environment, Head of Highways and Transportation, Head of Public Protection and Regulatory Services, the Countryside Services Manager, the County Ecologist and other officers including Administrative Assistant (C.I. Williams).

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors M.A. German, E.R. Jones, S. Thomas and P.J. Williams.

877. MINUTES

The Minutes of the Environment Scrutiny Committee held on Wednesday, 10th October, 2001 were submitted.

Matters arising:-

6 Gateway Offices Car Park, Rhyl - In response to a question from a Member, the officers explained that the Gateway Offices Car Park, Rhyl was located opposite the Railway Station and was for use of employees at the Gateway Offices.

RESOLVED that the Minutes be received and approved as a correct record.

878. URGENT ITEMS

In accordance with the requirements of Section 100B(4) of the Local Government Act, 1972, the Chair declared that he/she intended to include for discussion, the following matters requiring urgent attention:-

The Chair informed Members that there were no Urgent Items.

879. DENBIGHSHIRE LOCAL BIODIVERSITY ACTION PLAN - FRAMEWORK DOCUMENT

A copy of a report by the Acting Head of Countryside and Leisure, seeking the views of the Lifelong Learning and Environment Scrutiny Committees on Denbighshire’s Local Biodiversity Action Plan (LBAP) Draft Framework Document, had been circulated to Members of the Committee with the papers for the meeting.

The Acting Head of Countryside and Leisure informed Members that there was now a Government requirement for all Local Authorities to prepare a LBAP for their area as part of the commitment made to biodiversity conservation and sustainable development, and as part of the process the Countryside Service had produced a draft LBAP Framework Document explaining the process and identifying the key issues and stages required within Denbighshire.

With the aid of an overhead projector the County Ecologist provided an overview of key habitats and species within the County, highlighting the priorities for wildlife conservation and outlining the specific action plans required to address the needs of local wildlife within the County.

429 Following the presentation the officers responded to questions from Members regarding the Action Plan and particular reference was made to cost implications and the importance of ensuring proper consultation with other interested organisations such as The Agenda 21 Forum, NFU, CLA and FUW.

The officers confirmed that the Lifelong Learning Scrutiny Committee had endorsed the LBAP process and approved the next stages in the Local Biodiversity Action Plan. The Acting Head of Countryside and Leisure outlined the next stage of the procedure explaining that the document would be submitted to Cabinet for approval.

RESOLVED that Members endorse the Local Biodiversity Action Plan Framework Document and the next stages in the Local Biodiversity Action Plan, subject to consultation with the relevant interested organisations.

880. PERFORMANCE INDICATORS

A copy of a report by the Corporate Director Environment Services on Statutory Performance Indicators had been circulated to Members at the meeting of the Environment Scrutiny Committee held on the 10th October, 2001.

The Corporate Director Environment Services informed Members that the figures contained in the report related to the first quarter and that the figures for the second quarter would be submitted, in a revised format, to the next meeting of the Environment Scrutiny Committee when the respective Heads of Service would be in attendance, if requested, to present their respective reports.

He summarised the report for Members which provided Statutory Performance Indicators for Design Services, Economic Regeneration, Highways, Planning Public Protection and Support Services.

During the ensuing discussion the officers agreed that issues relating to the following matters would be addressed in the second quarterly report to be submitted to the next meeting of the Committee:-

- Design Services - Further detailed information regarding Best Value, Income Generation and Client Satisfaction.

- Planning - The importance of the completion of the Unitary Development Plan and further detail in respect of statistics relating to the percentage of working days lost due to absence.

- Public Protection - the provision and update of percentages.

RESOLVED that the report be approved and submitted to County Council for consideration.

881. GRASS CUTTING

A report by the Head of Highways and Transportation, requesting Members consideration for an alternative grass cutting strategy in order to reduce the programme time, had been circulated with the papers for the meeting.

The Head of Highways and Transportation provided a detailed summary of the report on grass cutting options which had been requested by Members at the meeting of the Environment Scrutiny Committee held on the 10th October, 2001.

He outlined for Members the technical operational factors highlighted in the report and made particular reference to the suggested extension to the working day, grass cutting cycles, using DSO operatives only, the possible employment of external contractors and the respective financial implications relating to the various options.

Members considered the various options contained in the report, and following a full and detailed discussion, it was:-

RESOLVED that :-

430 (a) the introduction of the new policy options , as outlined in the report, be approved, and

(b) the new policy be recommended to Cabinet noting the inclusion of a reduced grass cutting period as referred to in the report seeking the most cost effective and practical method to achieve the necessary improvements.

882. REVIEW OF CAR PARKS AND CHARGES IN PRESTATYN AND RHYL

A copy of a report by the Head of Highways and Transportation, outlining the review of the Council’s car parks and the charging regime in Prestatyn and Rhyl, had been circulated with the papers for the meeting.

The Head of Highways and Transportation referred to the resolution agreed at the previous meeting of the Committee and summarised the report which outlined areas relating to the quality of service in the car parks, problem areas, the demand for parking, management strategy and the financial implications.

Members discussed the report in detail and particular reference was made to the introduction of a premium charge for Rhyl town centre car parks and charges for up to one hour, the experimental introduction of a graduated scale of summer daytime charges at specific locations, proposals for the conversion of the Crescent Road coach park to a long stay car park, transfer of the coach park to the east side of the Sun Centre and further investigation into rationalising car parks at the Railway Station and West Kinmel Street, Rhyl.

In response to concerns expressed by Members regarding the allocation of revenue raised by the car parks, the officers agreed that a further report on this issue could be submitted to a future meeting of the Committee.

RESOLVED that:-

(a) the introduction of a premium charge for Rhyl town centre car parks, consisting of an extra 10p on tariffs up to £1 and 20p on tariffs above £1;

(b) the experimental introduction of a charge of £1 for stays of up to one hour in the beach car parks in Rhyl and Prestatyn, where the all day charge is more than £1.50;

(c) the experimental introduction of a graduated scale of summer daytime charges for the Sky Tower and Children’s Village Underground car parks, subject to the Community Leisure Department sharing any financial risk;

(ch) converting Crescent Road coach park to a long stay car park incorporating contract parking;

(d) transferring the car/coach park on the east side of the Sun Centre from the Community Leisure Department to the Highways and Transportation Department, seeking planning consent for its parking use and introduction of an Off Street Park Places Order, and

(dd) further investigation into rationalising car parks at the Railway Station and West Kinmel Street, Rhyl.

883. STREET NAME PLATES

A copy of a report proposing that a capital bid for the upgrading of street name plates be prepared had been circulated to Members of the Committee with the papers for the meeting.

At its meeting held on the 10th October, 2001 the environment Scrutiny Committee noted correspondence received from Rhyl Town Council regarding the replacement of street name plates in Rhyl and resolved that the Head of Highways and Transportation examine the possible methods of funding street name plates in Denbighshire.

431 The Head of Highways and Transportation informed Members that the replacement of street name plates was currently funded from the Traffic Management revenue budget. He explained that currently 180 street name plates required replacement or upgrading and highlighted the implications of these costs on other traffic management measures.

During the ensuing discussion, Members were informed that the upgrade of street name plates could form part of a Capital Bid for submission to the Capital Working Group and following further consideration, it was:-

RESOLVED that Members approve and support the preparation of a Capital Bid for the upgrade of street name plates.

884. PLAY AREAS

Members were informed that the report would first be presented to Cabinet following the receipt of “Play Project 2000 Open Access Play Facilities” with a view to being referred back to the Lifelong Learning and Environment Scrutiny Committees as soon as a consultation period had been completed with a view to then going back to Cabinet or Council on policy matters as may be required.

RESOLVED that this item be deferred and the matter referred to Cabinet.

885. AREA ENVIRONMENTAL GROUP

Councillor P. Douglas explained that as a result of other commitments he would be unable to continue as Denbighshire’s representative on the Area Environment Group.

Members agreed that a nomination for a replacement representative for the Area Environmental Group be considered at the next meeting of the Environment Scrutiny Committee prior to a recommendation being submitted to Cabinet for consideration.

RESOLVED that a nomination for a representative for the Area Environmental Group be considered at the next meeting of the Environment Scrutiny Committee.

886. FUTURE WORK PROGRAMME

Members discussed the future Work Programme and it was:-

RESOLVED that the following matters be included for consideration at future meetings of the Environment Scrutiny Committee:-

(a) Play Areas;

(b) Area Environmental Group Representative, and

(c) Fireworks.

Meeting ended 1.05 p.m.

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432 PERSONAL SERVICES POLICY REVIEW AND SCRUTINY COMMITTEE

Minutes of the meeting of the Personal Services Policy Review and Scrutiny Committee held in the Conference Room, Ty Nant, Prestatyn on 21st November 2001 at 1.00 p.m.

PRESENT

Councillors J. Butterfield (Chair), J.R. Hughes, N.J. Hughes, P.M. Jones, R.J.R. Jones, J.A. Smith and A.J. Tobin.

ALSO IN ATTENDANCE

Corporate Director Personal Services, Head of Strategic Planning and Support Services, Head of Housing Services, Head of Client Services, Principal Housing Officer (North), Acting Executive Assistant (Social Services), Administration Services Manager and Administration Officer (Mrs J.V. Pring). Other officers attended to present reports to the Committee.

887. WELCOME

The Chair introduced Mrs Sally Ellis who had recently taken up her appointment as Corporate Director Personal Services, and, on behalf of Members and Officers, welcomed her to her first meeting of Denbighshire’s Personal Services Policy, Review and Scrutiny Committee.

888. AGENDA ITEMS

Councillor J.A. Smith expressed concern at the length of the agenda for today’s meeting and asked how the agenda was formulated. He felt that the scrutiny role would prove more effective if fewer items were presented for consideration at each meeting.

The Chair acknowledged that today’s agenda was quite full but indicated that the work programme had been agreed by all Members at previous meetings of the Committee. She added that two of the items on today’s agenda had been discussed in some depth at the recent informal meeting so she anticipated that they would not require further detailed discussion today. The Administrative Services Manager suggested that items presented for information purposes could be placed at the end of each agenda if Members so wished.

889. URGENT ITEM

In accordance with the requirements of Section 100B (4) of the Local Government Act, 1972, the Chair declared that she intended to include for discussion, the following item requiring urgent attention :-

Part 1 - Responsibility for the Payment for Nursing Care

890. MINUTES

The Minutes of the meeting held on 17th October 2001 (previously circulated) were submitted.

RESOLVED that the minutes of the meeting held on 17th October 2001 be received and approved as a correct record.

Matters Arising:-

Item 4 [Framework for assessment of Children in Need and their Families] - In response to a question from the Chair regarding working practices, the Head of Client Services reported that training had been undertaken and staff were now working in accordance with the Assembly guidelines which required full implementation by March 2002. There would, however, be a need for careful monitoring.

Item 5 - [Sure Start Plan 2002/03] - The Administrative Services Manager reported that the Sure Start Plan would be submitted to Cabinet for formal adoption on 22nd November 2001.

433 891. YOUTH OFFENDING TEAM CENTRAL NORTH WALES

The Youth Offending Team Manager presented a report, previously circulated, on the work of Youth Offending Team operating in Conwy and Denbighshire.

The report explained that the Teams were established as a result of the Crime and Disorder Act 1998 and that their principal aim was to prevent offending by children and young persons.

The Conwy-Denbighshire Y.O.T. had been set up in April 2000 and details of the structure, budget and core activities were indicated in the report. The Team acknowledged its role as a ‘lead body’ in relation to preventing crime by young people and recognised that its success was dependant on all agencies and communities working together with the aim of making the County safer for all.

The YOT Manager informed Members that, with effect from April 1st 2002, all young people appearing in court for the first time would be made the subject of Referral Orders and would have to appear before a Referral Order Panel. The YOT manager stated that volunteers were required to sit on these Panels to assist in devising and providing programmes for the young offenders. She also extended an invitation to all Members to attend an Open Day which was due to take place at the Team’s Headquarters in Colwyn Bay on December 12th.

The YOT Manager responded to a range of questions on the work of the Team, including staffing levels, caseloads and intervention methods. She also explained that although short term funding created some problems she was confident that targets would be met thus ensuring that performance based core funding from the Youth Justice Board would continue.

In response to a request from the Chair the YOT Manager agreed to provide details relating to the compilation and progression of a sample report file.

RESOLVED that:-

(a) the report be received, and

(b) information on the compilation of report files be provided at a future meeting of the Committee.

892. ASYLUM SEEKERS

(This item was brought forward on the Agenda with the consent of the Chair).

Pursuant to earlier resolutions and reports, the Service Manager, Adult Services, presented a progress report, previously circulated, regarding the All Wales Consortium for the dispersal of Asylum Seekers to Wales. Denbighshire had indicated its agreement on 10th September 2001 to enter into the joint arrangements on the basis of the proposed Memorandum of Understanding. Since then all 21 Local Authorities had agreed that Newport CBC, as Lead Authority, would sign the Contract between the Consortium and the NASS although no confirmation of the contract agreement or start date had yet been received.

The report provided details of the Staff Appointments and the main factors which would affect the start date once the agreement had been signed. The lead-in period required would probably mean that the start date for dispersal to the Consortium Accommodation would not be before 7 January 2002.

Denbighshire County Council was required to provide 10 units of accommodation over a six month period, commencing in the third month after the start of the contract. In order to enable a smooth integration into the community, it was proposed to reconvene the Denbighshire Asylum Seekers Working Group once the contract had been signed.

Members expressed their disappointment regarding the delay of the signing of the Agreement. They also discussed the difficulties caused by misguided attitudes and felt there was a need to educate communities in an attempt to alleviate fears regarding the housing of Asylum Seekers. The Adult Services Manager stated that some PR work had been undertaken but she agreed to convey Members’ concerns to the North Wales Group.

434 The Head of Housing Services stated that the 10 units of accommodation only equated to 16 people and would consequently have no significant impact on the demand for accommodation throughout the County.

RESOLVED that the progress report be received and that the Committee be informed when the Agreement is signed and a date for dispersal is known.

893. ON CALL SYSTEM

(This item was brought forward on the Agenda with the consent of the Chair).

The Head of Housing Services presented a report, previously circulated, which provided Members with detailed information on the On Call System which operated within Denbighshire’s Sheltered Housing service.

Costs of the service amounted to approximately £500k during the current year which was equivalent to £2.40 per week on the rent of all tenants. If those receiving the service had to pay directly the cost would be £7.99 per week.

The report referred to the Government’s intention to alter the funding for Sheltered Housing as part of the Supporting People proposals. The Head of Housing Services informed Members that he had, that morning, received an advance copy of the circular regarding these proposals but specific information was still awaited. Details of the draft proposals being considered were indicated in the report.

Housing and Social Services had recently commissioned research on access to Sheltered Housing and its future. The current service was based on housing needs as opposed to dependency of financial criteria but there was some concern that a future review of the system would seek to concentrate resources on those with higher dependencies or introduce more means testing. The Head of Strategic Planning and Support Services suggested that Members may wish to examine the implications of this research and review the strategic role of Sheltered Housing.

Members took the opportunity to question the officers on specific issues relating to the Warden service and also the possible effect the proposals may have if the housing stock was transferred to a Community owned Housing Organisation.

RESOLVED that the report be received and that further reports on Supporting People be presented to future meetings of the Committee.

894. PROTECTION OF VULNERABLE ADULTS

The Social Services Planning Officer (Mr C. Philips), presented a report, previously circulated, informing Members of the work of the Authority in relation to the protection of vulnerable adults.

The Annual report, a copy of which had also been circulated, had recently been presented to the Denbighshire Adult Protection Committee and would be used to develop current practices and services.

It was also to be submitted to the North Wales Vulnerable Adults Forum, as the Personal Services Directorate’s contribution to the collation of adult protection monitoring information across North Wales, and to the National Assembly to demonstrate the Authority’s commitment to addressing the requirements of ‘In Safe Hands’, the Assembly’s guidance on implementing adult protection procedures in Wales.

The Planning Officer referred to the low number of cases recorded which staff felt may be due to the complicated recording procedure and that, under the North Wales Procedures only the more potentially serious incidents were registered. Consequently a common recording and monitoring system had been agreed across the six local authority Social Services departments to promote consistency. Councillor J.R. Hughes questioned the officer’s view that the data did not identify any real patterns of abuse. He felt that the figures pointed to some concerns regarding the involvement of family members but acknowledged that such concerns were very difficult to substantiate. The Head of

435 Client Services indicated that, unlike Child Protection, there was no legislation covering the protection of vulnerable adults. However it was anticipated that the Procedures would bring the key agencies together to share difficulties as well as good practices.

RESOLVED that the contents of the Annual Report be endorsed and its wider dissemination to the relevant agencies be supported.

895. CONSULTATION POLICY

The Planning Officer, Social Services (Mr C. McLeod) presented a report, previously circulated, advising Members of the development of a Departmental Consultation Policy for Social Services. This was considered necessary because the overall approach was thought to be fragmented. The aims of the Policy were to :-

Ø promote a consistent approach to consultation across the Department;

Ø respond to the increasing expectation that consultation was a key part of decision making both for individual managers and for the Department as a whole, and

Ø provide a documented policy which could be monitored.

Details of the six principles of Good Practice contained in the Policy were outlined in the report and it was intended that they would be the foundation on which to build consultation exercises.

The Policy required the approval of Elected Members to include information about how a proposal or plan had been shaped by consultation and the process that had been undertaken. However, for particularly sensitive issues it may be appropriate to seek Elected Member approval before embarking on a consultation exercise.

The report referred to the consultation carried out involving a wide range of outside agencies as well as staff and service users. Feedback received had been incorporated into the final version wherever possible.

Overall the Policy had been well received and many of those consulted had indicated that it should be adopted across the Authority. In response, it was intended to hold a half day information seminar in conjunction with the Best Value unit which would be open to all Directorates to look at prompting best practice and the Good Practice principles.

RESOLVED that:-

(a) the Policy be endorsed;

(b) the proposals for staff awareness training be supported, and

(c) other Directorates be encouraged to adopt the Policy.

896. STRUCTURAL CHANGE IN THE NHS

The Head of Strategic Planning and Support Services presented a report, previously circulated, to apprise Members of a consultation paper on proposed structural changes in the NHS and to seek guidance regarding a response. The document outlined the major changes to achieve the objectives of the national plan for the NHS in Wales and its partners ‘Improving Health in Wales’.

Details of the main structural actions proposed were detailed in the report together with a range of questions for debate in relation to the changes.

The report also indicated that, whatever the final outcome of the consultation, the proposals would have major implications for the Council, specifically:-

w an enhanced role for Elected Members in relation to their inclusion on Local Health Boards, and

436 w the need to align the new initiatives with key policy initiatives such as Area Partnerships.

The Head of Strategic Planning and Support Services indicated that it would be for the Council to determine which Members should represent the Authority on the Boards. It was anticipated that the Boards would have a significant workload with considerable responsibilities.

Reference was also made in the report to problems which might occur if the Council was not clear about the inter relationship between existing planning arrangements and those proposed by the NAW for Health Services.

Members were advised that work on these issues had already begun and the Cabinet had already asked this Committee to develop proposals related to Strategic Partnerships with Health.

The Administrative Services Manager informed Members that a report had been submitted to a meeting of Denbighshire’s Joint Consultative Committee in September 2001 and Members had highlighted the need to have a balanced membership for Local Health Boards including at least two lay members, two voluntary sector members and representatives from minor Councils as well as County Councils. The County Clerk had been requested to submit an appropriate response to the consultation paper incorporating the points raised.

The Head of Strategic Planning and Support Services indicated that the guidance referred to establishing Consortia partnerships comprising of two Local Health Boards. If this were confirmed the Council would need to take a view on the possibility of entering into a Partnership with Conwy.

The Head of Strategic Planning and Support Services referred to the need to examine the final documentation to be published by the Assembly following the consultation exercise and particularly the involvement of local authorities in future health provision.

RESOLVED that the Head of Strategic Planning and Support Services be requested to report back to the Scrutiny Committee following the publication by the Assembly of the final proposals for the structural changes of the NHS in Wales.

897. JOINT REVIEW

The Head of Client Services presented a report, previously circulated, on the preparatory work being undertaken in respect of the Joint Review scheduled to take place in the Autumn of 2002, indicating that :-

v a Joint Review Group comprising membership from all key services within the Department had been set up;

v a small Group of Members were due to meet to examine the implications of the Review in greater detail;

v a Joint Review Newsletter had been published and would be distributed to all Members and staff to outline the main elements of the Review process (copy attached to the report);

v a senior member of staff had been seconded to act as Joint Review Officer for a twelve month period;

v an invitation had been received from the Trust Board of the Denbighshire Voluntary Services Council to address representatives early in 2002. A programme needed to be confirmed so that partner agencies could be advised of the Review and its importance, and

v a draft timetable, based on an assumption that the Review proper may start on 2nd September 2002, had been prepared and a copy was attached to the report.

The Head of Strategic Planning and Support Services advised Members that Social Services Officers had been invited to meet with senior managers of Ysbyty Glan Clwyd to discuss the implications of the Joint Review assessment. 437 The Chair asked whether it would be appropriate for Members of the Committee to be included in the discussions with partner agencies. Officers envisaged that Members would be more involved in the overseeing and monitoring of the timetabling of activities. However it was agreed that Members would be invited to attend such sessions whenever it was considered appropriate.

RESOLVED that the report be received and that a further report be submitted to the next meeting of the Committee to update Members regarding progress in respect of the Joint Review criteria.

898. CARE.COMM

Further to previous reports submitted to the Committee, the Head of Strategic Planning and Support Services presented a report on the progress in relation to the planning and implementation of Care.Comm.

The report provided Members with details of the Computer Infrastructure which would be needed to run the new system and referred to a Training needs analysis undertaken during July and August and the resultant action taken to address the range of training required by staff within the Department.

Flintshire County Council had implemented Care.Comm during early October 2001 and members of Denbighshire’s MIS Team had provided some support over recent weeks. This had given Denbighshire officers an opportunity to experience implementing the system first hand and Flintshire had agreed to provide reciprocal support when the Denbighshire system was being implemented.

Generally officers felt that the Care.Comm project was making good progress but acknowledged that constant monitoring would be required within the Department to ensure the system was delivered successfully within the desired timescale.

It was agreed that a demonstration of the new system could be arranged at a future meeting of the Committee for Members’ to view its capabilities.

RESOLVED that the report be received.

899. ADULTS AND CHILDREN’S SERVICES - REPRESENTATION AND COMPLAINTS PROCEDURE

(Councillor J.R. Hughes declared that he served as an Independent Volunteer on one of the Review Panels).

The Head of Strategic Planning and Support Services presented a report, previously circulated, seeking Members’ approval for the Annual Report 2000 - 2001 on the operation of the Representation and Complaints Procedures.

The Procedures offered clients the opportunity to express their views on the services provided and also gave the Authority the chance to address complaints and collate the information to help shape and develop services and priorities. One of the main areas of complaints centred around communication failures.

The report contained comprehensive data relating to the investigating of complaints which showed that the Department’s performance in dealing with complaints within the legislative timescales had not improved since last year. It was felt this was to some extent caused by problems of vacant posts and long term sickness in the Quality Assurance section. However measures were being taken to address these problems through the appointment of two additional officers one of whom would have responsibility for overseeing the complaints and representations procedure. The Head of Strategic Planning and Support Services indicated that there was also some concern that only a small number of complaints had been received from children. The Chair suggested that children may not be fully aware of how they could register their complaints and asked Officers to consider producing a video to help convey the message in a visual format.

438 The Procedures required that all staff should receive training if they were to be effective, focusing on the importance of resolving complaints at a local level and the importance of mediation and negotiation. Part of the Joint Review process would be to assess the effectiveness of the procedures. Work would also continue on reviewing processes and guidance for Stage 1 of the Procedure in consultation with people who used the services as well as staff and voluntary organisations.

The Head of Strategic Planning and Support Services advised that, on a positive note, there had been no problems so far this year in meeting timescales. This was mainly due to the use of external investigating officers who had been able to accelerate the complaint investigation process. Members commended this approach as they felt it would also help to ensure that the procedure was fair and independent.

RESOLVED that:-

(a) the Annual Report be endorsed and submitted to County Council for approval, and

(b) an update on timescales for the current year be circulated to Members for information.

900. CONTINUING CARE CRITERIA

(This item was considered as an urgent item, notice having been given by the Chair at the commencement of the meeting).

The Head of Strategic Planning and Support Services alerted Members to possible potential conflict between Local Authorities and the Health Authority in respect of legal obligations for the payment of nursing care provided in accordance with the above criteria.

Ynys Mon County Council had commissioned the services of a barrister on behalf of the six Local Authorities in North Wales and the Health Authority had instigated similar action. Denbighshire’s legal officers had also been requested to provide legal advice.

Although it was too early to predict the outcome, it was felt that Members should be aware of the potentially serious implications involved should the situation result in an impasse.

RESOLVED that the situation be noted and any further developments be reported to the Committee at the earliest opportunity.

The meeting ended at 3.50 p.m.

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439 CEFNDY ENTERPRISES ADVISORY PANEL

Minutes of the Cefndy Enterprises Advisory Panel held at Cefndy Road, Rhyl on Wednesday, 21st November, 2001 at 7.00 p.m.

PRESENT

Councillors D.W. Davies (Chair), A.E. Fletcher-Williams, N. Hugh-Jones, F.D. Jones, G. Jones and E.A. Owens together with Mr A.V. Dalzell (Staff Representative).

ALSO PRESENT

Mr M. Roberts (Head of Client Services), Mr W.H. Whittaker (General Manager), and other officers including Administrative Assistant (C.I. Williams).

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors J.R. Hughes, G. Williams and Ms C. Wilson, Ms S. Ellis (Corporate Director Personal Services).

The Chair apologised to Members for his absence from recent meetings due to work commitments and thanked the Members for taking the Chair in his absence.

901. URGENT ITEMS

In accordance with the requirements of Section 100B(4) of the Local Government Act, 1972, the Chair declared that he/she intended to include for discussion, the following matters requiring urgent attention:-

The Chair informed Members that there were no Urgent Items.

902. MINUTES

The Minutes of the Cefndy Enterprises Advisory Panel held on Wednesday, 12th September, 2001 were submitted.

Matters arising:-

6. (ii) Cefndy Enterprises - The Lead Cabinet Member for Finance outlined the need and benefits of the introduction of performance management into the performance framework in respect of special sales trips.. She suggested that reports of special sale trips undertaken by Cefndy be reported to future meetings of the Panel outlining the proposed achievements of respective trips, planned expectations, what had been achieved and learned.

The Chair explained that details relating to sales trips were currently reported in the Cefndy Enterprises report and expressed concern that the day to day management of Cefndy should remain the responsibility of the General Manager and his designated staff, particular reference being made with regards to the contributions and grants received from SEPACS.

In response to concerns expressed by Mr Whittaker regarding the complex nature of the work involved in providing such figures, the Lead Cabinet Member for Finance explained that a system could be introduced which would not be to complex but provide the required information relating to Performance Management.

During the ensuing discussion, it was suggested that the Lead Cabinet Member for Finance, The Head of Client Services and the General Manager liaise with a view to modifying the present reporting system to include the proposed requirements, and that the Head of Client Services submit a draft report for further consideration by Members of the Panel.

RESOLVED that the report be received.

440 903. BUDGET MONITORING CEFNDY ENTERPRISES

The Corporate Director Personal Services submitted a summary of accounts (previously circulated) from the 1st April, 2001 to 31st October, 2001.

Mr. Whittaker provided Members of the Panel with a summary of the report and confirmed that Cefndy was currently in a very healthy position. He explained that all the variances were generally favourable and following a brief discussion, it was:-

RESOLVED that the report be received.

904. TIME AND DATE OF NEXT MEETING

The Chair referred to the recent difficulties he had experienced in attending meetings of the Panel and Member agreed that the next meeting of the Cefndy Enterprises Advisory Panel be arranged for following consultation with the Chair and General Manager

RESOLVED that the date of the next meeting of the Cefndy Enterprises Advisory Panel be arranged for following consultation with the Chair and General Manager.

905. EXCLUSION OF PRESS AND PUBLIC

RESOLVED that under Section 100A(4) of the Local Government Act 1972, the Press and Public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 7 of Part I of Schedule 12A of the Act.

906. CEFNDY ENTERPRISES

The Corporate Director Personal Services submitted a report (previously circulated) upon:-

(i) the developments which have taken place at the workshop since the previous meeting of the Cefndy Enterprises Advisory Panel, and

(ii) a detailed account of activities at Cefndy covering Current Work, Staffing, Sickness, Sales and Marketing, Export Activities, Sales Department Meeting, Field Sales Activities, In-House Sales Activities, Tenders and Contracts, Objective One Funding and General Matters.

The General Manager briefly outlined to Members the salient points within the report particularly referring to:-

- Reference was made to the current staffing situation and Members requested that their best wishes be sent to Mr. Alan Edwards who had recently retired due to the ill health of his wife.

- Reference was made to the significant improvement in the current sickness figures and Member thanked the staff for their commitment and hard work during a very difficult period.

- Members were informed by Mr. Whittaker that by week 25 of the financial year income sales had achieved over £1m which had indicated that the year end turnover should be in the region of 15% up on the previous year’s figures. He explained that this figure was very creditable and highlighted the efficient working of the shop floor.

- Mr. Whittaker informed Members that he was very pleased with the new Year 2002 catalogue, which he felt had maintained the corporate image and achieved the overall aim to provide a good portfolio of high revenue products.

- In response to a suggestion from Members, it was agreed to investigate the possibility of obtaining Objective One funding for the provision of a Cefndy Website.

441 - Mr Whittaker highlighted the importance of formulating a bid for Objective One Funding and informed Members that a meeting had been arranged with Mr. Kevin Edwards for the 5th December, 2001.

- Members expressed concern that the re-roofing programme at Cefndy had not yet been completed and the news that the contractor undertaking the work had now gone bankrupt leaving some important work unfinished. The Chair requested that the Head of Client Services contact the Environment Services Directorate to obtain an update on this matter and that he be kept informed of the situation.

- Mr Whittaker referred to the pending retirement of the acting Chief Executive and expressed his appreciation for the support and assistance provided during his association with Cefndy. Members also requested that their appreciation for the work and support provided be recorded in the minutes.

- The Chair wished Members of the Panel, Officers and all Staff at Cefndy a merry Christmas and happy New Year.

RESOLVED that the report be received and approved.

Meeting ended at 8.35 p.m.

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442 CABINET

Minutes of the meeting of the Cabinet held in the Town Hall, Rhyl on Thursday, 22nd November, 2001 at 10.00 a.m.

PRESENT

Councillors E.C. Edwards (Leader), I.M. German, D.M. Holder, R.W. Hughes, G.M. Kensler, D.M. Morris, E.A. Owens, A.E. Roberts, W.R. Webb, K.E. Wells and E.W. Williams.

Observers: Councillor R.J.R. Jones.

ALSO PRESENT

Acting Chief Executive, Corporate Director of Resources, Financial Controller and the County Clerk.

ANNOUNCEMENT

The Leader congratulated Councillor R.W. Hughes on the formal receipt of her MBE from Her Majesty the Queen.

The Leader welcomed Sally Ellis, Corporate Director of Personal Services to her first Cabinet meeting.

907. URGENT MATTERS

The Leader gave notice of the following items which in his opinion should be considered at the meeting as a matter of urgency pursuant to Section 100B(4) of the Local Government Act, 1972:-

(i) Response to Local Government Boundary Commission for Wales Draft Recommendations Concerning the Boundary Between Denbighshire and Wrexham;

(ii) Joint Council for Wales Seminar - item to be taken as last item of Part I;

(iii) Syniad Joint Council for Wales Seminar on 11.12.2001 - Additional Item;

(iv) Land Fronting Lairage Market, Glasdir, Ruthin - Additional Item, and

(v) Prestatyn Golf Course - Additional Item.

908. MINUTES OF THE CABINET

The Minutes of the Cabinet held on 6 November 2001 (previously circulated) were submitted.

Cabinet Minutes 23.10.2001 Item 12 - The Acting Chief Executive updated Members on discussions he had with Chris Ruane MP and Ann Jones AM with regard to the public meeting called by them to discuss Melyd Avenue, Prestatyn. After consultation with the Leader and Lead Members it was agreed the Acting Chief Executive attend the public meeting as otherwise Denbighshire County Council would have been the only public body not represented. The outcome of the public meeting was that the setting up of a Trust should be explored by local residents.

Item 7 Corporate Inland Flood Response Plan - Councillor G.M. Kensler, Lead Cabinet Member for Welsh Language had congratulated officers on the excellent report produced.

RESOLVED that subject to the above, the Minutes of the Cabinet meeting held on 6 November 2001 be approved as a correct record and signed by the Deputy Leader.

909. RECRUITMENT

The Leader, Councillor E.C. Edwards, submitted the following applications for approval:-

(i) Sc 5 Part-time Accommodation Support Worker - Personal Services: Childrens’ Services;

443 (ii) Sc 5 Property Officer / Technician - Resources Directorate: County Property Unit;

(iii) Sc 2 Childcare Information Assistant - Lifelong Learning: Education/Culture;

(iv) Sc 6 Cyberskills Adviser - Lifelong Learning: Education Services;

(v) SO 1 Staffing Officer - Lifelong Learning: Strategy and Resources, and

(vi) Sc 6 Data Programmer/Analyst - Lifelong Learning: Education.

RESOLVED that the external advertisement of the above mentioned posts be approved.

910. NORTH WALES VALUATION TRIBUNAL - ESTABLISHMENT OF JOINT APPOINTMENT PANELS

Councillor E.C. Edwards, Leader of the Council presented the report (previously circulated) seeking nominations of a Member and officer together with Administrative support to form the Local Authority’s membership of a Joint Appointment Panel for the appointment of members to the Valuation Tribunals. After discussion, Members agreed Groups should provide Member nominations with the Corporate Director of the Environment as the officer nomination.

RESOLVED that Members agreed Groups should provide Member nominations and the Corporate Director of the Environment the officer nomination, together with Administrative support to form the Local Authority’s membership of a Joint Appointment Panel for the appointment of members to the Valuation Tribunals.

911. EMERGENCY PLANNING REVIEW

Councillor E.C. Edwards, Leader of the Council presented the report (previously circulated) seeking Members’ approval of the Denbighshire County Council response to the August 2001 Cabinet Office discussion document “The Future of Emergency Planning in England and Wales”. The Leader asked Members for their comments.

Councillor G.M. Kensler, Lead Cabinet Member for the Welsh Language queried transfer of emergency planning throughout Wales to the National Assembly for Wales. Councillor K E Wells, Lead Cabinet Member for Education and ICT expressed his concerns if the transfer went ahead and suggested the direct link with the Home Office be maintained to ensure continuity of funding.

RESOLVED that Members approved the Denbighshire County Council response attached to the report.

912. WLGA STRATEGIC REVIEW REVISED MANAGEMENT ARRANGEMENTS

Councillor E.C. Edwards, Leader of the Council presented the report (previously circulated) seeking Members' approval of the response be recommended to Council on the WLGA’s Strategic Review.

Members’ views were surveyed as part of the WLGA Strategic Review examining the purposes and function of the WLGA during the summer of 2001. The initial paper did not receive substantial support at the WLGA Co-ordinating Committee on 26.10.2001, principally because of the proposal to create an executive group within the WLGA. As a result, the secretariat had been asked to submit a further paper for discussion and consultation.

Councillor W.R. Webb, Lead Cabinet Member for Property commented on the paper and suggested to members that this was the way forward as all Lead Cabinet Members would be invited to discuss topics and meetings would be held if required. Councillor E A Owens, Lead Cabinet Member for Finance also welcomed the paper and said Cabinet Members should be given the opportunity to comment and discuss items.

RESOLVED that Members approved and recommended to Council the draft response as a basis for responding to the WLGA Co-ordinating Committee.

444 913. LGA EDUCATION EXECUTIVE CLIENT SIDE GROUP

Councillor E.C. Edwards, Leader of the Council presented the report (previously circulated) seeking Members' nominations to forward to the WLGA for the LGA Education Executive Client Side Group. The Leader nominated Councillor K.E. Wells, Lead Cabinet Member for Education and ICT.

RESOLVED that Members nominated Councillor K.E. Wells, Lead Cabinet Member for Education and ICT to be the Welsh Local Authority member representative on the LGA Education Executive Client Side Group.

914. NATIONAL ASSEMBLY WOODLAND FORUM

(Typographical error - Officer nomination to read Mr. Michael Hughes).

Councillor E.C. Edwards, Leader of the Council presented the report (previously circulated) seeking Members' retrospective approval of the nominations of Councillor D.M. Morris and Mr. Michael Hughes to represent the WLGA on the National Assembly Woodland Forum.

RESOLVED that Members agreed the retrospective nominations of Councillor D.M. Morris and Mr. Michael Hughes to the WLGA for the National Assembly Woodland Forum.

915. MEMBERSHIP OF FINANCE WORKING GROUPS IN 2002

Councillor E.C. Edwards, Leader of the Council presented the report (previously circulated) seeking Members' Member/Officer nominations for the WLGA Finance Working Groups in 2002: the Distribution Sub Group; the Expenditure Sub Group; the Capital Sub Group and the Consultative Forum on Finance.

The current representation for Denbighshire was Councillor W.R. Webb on the Expenditure Sub-Group and the Financial Controller on the Distribution Sub-Group.

Members discussed the role and agreed the Acting Chief Executive discuss with the Chief Executive Designate whether he should be nominated as a Denbighshire representative on these groups. It was also agreed Denbighshire’s current representatives be renominated.

RESOLVED that Councillor W.R. Webb and the Financial Controller represent Denbighshire on the WLGA Finance Working Groups and the Acting Chief Executive to make further nomination of the Chief Executive Designate if appropriate.

916. LOCAL MEMBERS NOMINATIONS FOR LEA GOVERNOR VACANCIES

Councillor K.E. Wells, Lead Cabinet Member for Education and ICT presented the report (previously circulated) for LEA Governor vacancies from the Local Member(s) for the area in which the school(s) are located.

RESOLVED that the LEA Governor appointment be approved as listed.

917. TECHNOLOGY PARTNER

Councillor K.E. Wells, Lead Cabinet Member for Education and ICT presented the report (previously circulated) seeking Members’ approval to the ICT Department to continue discussions with particular IT service companies into the possibility of forming innovative partnership arrangements. The Department needed agreement in principle to form a partnership with outside private sector organisations in order to progress the ICT Strategy and ensure delivery of best value service. Councillor Wells also took the opportunity to congratulate the ICT Department on the results of the recent Best Value Review. Councillor E W Williams, Lead Cabinet Member for Best Value concurred with Councillor Wells’ sentiments and said the involvement of everyone at an early stage in the Best Value Review process had proved to be beneficial.

445 Councillor D.M. Holder, Lead Cabinet Member Training for queried whether both service and maintenance of the IT would be outsourced. The Head of ICT said no decision had been taken but ICT needed more skills which would evolve from a partnership.

RESOLVED that Members approved preliminary investigations with outside companies, with the intention of forming an innovative partnership.

918. SURE START PLAN 2002-2003

Councillor A.E. Roberts, Lead Cabinet Member for Personal Services Members’ presented the report (previously circulated) seeking Members’ endorsement of the Sure Start Plan for 2002-2003, as required by the National Assembly for Wales. Councillor Roberts detailed the Plan to Members.

Councillor E.A. Owens, Lead Cabinet Member for Finance said she was pleased to see new partnerships being incorporated and stressed the need to maintain the refocusing. Both the Director and Board needed to ensure new projects were introduced. Councillor Owens expressed concern also for the Social Workers and the pressure the Service faced and said it was important that the Social Workers used the programme.

Councillor R.W. Hughes, Lead Cabinet Member for Culture, Leisure and Tourism stressed the need to ensure that the most disadvantaged areas were made aware of grants available as they were less likely to reply to advertisements for the schemes.

Councillor G.M. Kensler, Lead Cabinet Member for the Welsh Language mentioned some of the various services and in particular the Toy and Equipment Library and asked whether those services were situated where there was greatest need. Councillor K.E. Wells, Lead Cabinet Member for Education and ICT said criteria were laid down for the use of the funds with key geographical areas mentioned. The Corporate Director Personal Services responded by referring to a modest development budget element which could be accessed for the benefit of those areas of identified need not addressed by the implementation of the Plan. This would be highlighted at the evaluation stage of the Plan.

Councillor E.W. Williams, Lead Cabinet Member for Best Value said Members were not always aware of all the funds available and suggested a list / directory of grant aid be made available. Councillor E.A. Owens said a list/directory could be made available once resources had been identified for its production. Members agreed that a report on the practicalities of establishing a Directory of Grant Funding be made to a future Cabinet meeting.

RESOLVED that Members endorsed the Sure Start Plan 2002-2003.

919. PASSENGER TRANSPORT SERVICES

Councillor D.M. Morris, Lead Member for the Environment presented the report (previously circulated) seeking ratification of the award of contracts to the lowest available tenderer for education transport and public transport services introduced during September 2001; further to Council’s resolutions No. 472 on the 19 September 2000 to adopt formally the contract letting procedure as entered into on a trial basis for 12 months, approval of a financial contribution to North Denbighshire Dial A Ride Ltd from the National Assembly for Wales (NAfW) Local Transport Services Grant, (LTSG) to fund the provision of drivers to operate the service to ensure continued provision of this service. Following the provision of a new bus shelter at Ffrith Beach, Prestatyn, to approve its transfer i.e. ownership and maintenance to Prestatyn Town Council.

After discussion it was agreed that “to Prestatyn Town Council” be inserted after Ffrith Beach in the third recommendation.

RESOLVED that Members agreed:

(a) to ratify the award of education transport and public transport services to the lowest available tenderer, for contracts introduced during September 2001 and confirmed as a permanent arrangement the Contract Letting Procedure - Council resolution No 472 refers;

446 (b) to approve payment to North Denbighshire Dial A Ride Ltd (an established non profit making organisation) for the provision of paid drivers to provide a public transport service within Denbighshire’s passenger transport service network, and

(c) to approve the transfer of ownership and maintenance of the bus shelter at Ffrith Beach to Prestatyn Town Council following its replacement by the County using Local Transport Services Grant.

920. TRANSFER OF THE SCHOOL CATERING SERVICE TO CONTRACT SERVICES - ANNUAL SUBSIDY

Councillor E.A. Owens, Lead Cabinet Member for Finance submitted the report (previously circulated) seeking Members’ approval to the payment to Denbighshire Contract Services of an annual subsidy of £30,000 until 2003/2004 when the school catering contract was retendered, associated with the financial implications of the Council’s decision in January 2000 to transfer the County’s school catering service to the organisation.

RESOLVED that an annual subsidy of £30,000 be allocated to Contract Services up until 2003/2004 financial year.

921. REVENUE BUDGET 2001/2002

Councillor E.A. Owens, Lead Cabinet Member for Finance submitted the report (previously circulated) seeking Members’ further consideration of actions required to reduce the balance of overspendings on services. Councillor Owens detailed the appendices to Members:-

Ÿ Schools Delegated Budget projected underspend of £350k still leaves schools balances at a fairly low level;

Ÿ Lifelong Learning variance had been reviewed and revised down to £18k overspend;

Ÿ Environment had an overspend of £50k on office accommodation which would be contained within base, and

Ÿ Personal Services had considerably improved the projected overspend to £18k.

The final projected total overspend at year end was now projected at £18k but with the winter period ahead care would need to be exercised to keep the overall spending within budget.

Councillor W.R. Webb, Lead Cabinet Member for Property welcomed the latest paper and the improved figures.

The Leader, Councillor E.C. Edwards congratulated the Director of Resources and the Financial Controller and staff on their work. Directorates were also complimented on their endeavours to manage within established budgets.

RESOLVED that Members noted the figures in the appendices to the report.

922. LLANGOLLEN CULTURE AND LEISURE FACILITIES

Councillor R.W. Hughes, Lead Cabinet Member for Culture, Leisure and Tourism submitted the report (previously circulated) seeking Members’ approval to the restructuring of the culture and leisure facilities in Llangollen as outlined in Option 5 by refocusing, refurbishing and re-launching of the Old Chapel, Castle Street, Llangollen to provide a new integrated Culture, Learning and Information Centre to benefit both the local community and visitors to Denbighshire. The Assistant Director of Culture and Leisure said Llangollen Town Council had given their support to Option 5 at their meeting earlier in the week.

Councillor W.R. Webb reminded Members that neither the SME Adviser nor the Community Partnership Manager had a base in the centre of Llangollen and asked that the Assistant Director of Culture and Leisure look at the options to ensure a base for the two officers was included in the plans.

447 RESOLVED that Members agreed in principle the restructuring of culture and leisure facilities in Llangollen as outlined in Option 5 by refocusing, refurbishing and re-launching of the Old Chapel, Castle Street, Llangollen to provide a new integrated Culture, Learning and Information Centre that will benefit both the local community and visitors to Denbighshire, subject to external funding being available and the outcome of consultations.

923. MOBILE PHONE - CRITERIA FOR ENTITLEMENT

The Leader of the Council, Councillor E.C. Edwards presented the report by the Chair of the Resources Policy Review and Scrutiny Committee (previously circulated) seeking Members approval of specific criteria suggested by the Head of ICT for the purchase allocation of mobile phones as detailed in the report.

RESOLVED that Members agreed:-

(a) the following criteria, in relation to appropriate category of staff, for purchase of mobile phone:-

(i) Health and Safety - Lone workers etc. (Managers have a responsibility to ensure that safety systems are made available in order to reduce the hazards of working alone or in a ”dangerous” environment);

(ii) Emergency Contacts List - The Emergency Planning Officer has identified 95 posts as essentially contactable in an emergency - this list is available from Emergency Planning;

(iii) Senior and Executive Officers (Budget holders);

(iv) Vehicle monitoring and effective communication e.g. refuse collection, highways maintenance;

(v) Officers who spend a substantial amount of time away from the office and who need to be contactable at all times;

(vi) Officers who spend occasional periods out of the office but still need to be contactable at this time (shared/group mobile phone);

(vii) Any other exceptional circumstances that a Head of Service/Manager sees as a justifiable requirement, with the agreement of the Head of ICT. However, it should be noted that it is NOT the responsibility of the Head of ICT to decide which Officers should have mobile phones;

(b) that all mobile phones be obtained through Denbighshire County Council’s corporately agreed contract;

(c) that personal use of mobile phones must be monitored and recharged by Heads of Service; and

(ch) that where possible, there should be group use (office allocation rather than officer allocation).

924. JOINT COUNCIL FOR WALES

The Leader of the Council, Councillor E.C. Edwards presented the report (circulated at the meeting) seeking Members’ nominations to attend the Joint Council for Wales Seminar on the Introduction to the Greater London Provincial Council Job Evaluation Scheme to be held on 11 December 2001 at The Pavilion, Llandrindod Wells. The County Clerk said this was an important and timely Seminar.

RESOLVED that Councillor I.M. German, Councillor G. Williams and 2 officers from Personnel attend the Seminar on the Introduction to the Greater London Provincial Council Job Evaluation Scheme to be held on 11 December 2001.

448 925. LAND FRONTING LAIRAGE MARKET, GLASDIR, RUTHIN

Councillor W.R. Webb, Lead Cabinet Member for Property presented the report (circulated at the meeting) seeking Members’ approval to place the above land on the open market.

RESOLVED that Members authorise officers to place on the open market land to the front of the Lairage Market.

At this juncture (11.15 a.m) the meeting adjourned for 15 minutes to allow Members to participate in refreshments.

926. RESPONSE TO LOCAL GOVERNMENT BOUNDARY COMMISSION FOR WALES DRAFT RECOMMENDATIONS CONCERNING THE BOUNDARY BETWEEN DENBIGHSHIRE AND WREXHAM

Councillor E.C. Edwards, Leader of the Council presented the report (previously circulated) seeking Members’ approval to the response to the Local Government Boundary Commission for Wales.

The Assistant Chief Executive: Strategy detailed the various points in the Draft Response, and reminded Members the response was required by the Local Government Boundary Commission on 23.11.2001. Members discussed various aspects of the report and agreed to strengthen / add to the response in particular as regards to tourism.

The Financial Controller detailed further discussion with Deloitte and Touche on the financial aspects of the LGBC Draft Report.

Members requested that the Council’s previously stated position on the financial aspects be re-emphasised.

RESOLVED that Members agreed the response be amended and be forwarded to the Local Government Boundary Commission for Wales and to Council for approval.

927. EXCLUSION OF PRESS AND PUBLIC

RESOLVED under Section 100A(4) of the Local Government Act 1972 the Press and Public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 7, 8 and 9 of Part 1 of Schedule 12A of the Local Government Act 1972.

928. CAPITAL PLAN 2001/02

Councillor E.A. Owens, Lead Cabinet Member for Finance presented the report (previously circulated) seeking Members' approval of the Capital Plan 2001/02. The updated plan took account of progress on existing schemes and included additional projects approved by Cabinet during the year. In particular the updated plan also included a provision for capitalisation of fees associated with the PFI Project.

Councillor Owens also indicated that the report included an outline of the Capital Plan for 2002/03 and 2003/004.

RESOLVED that Members approved and recommended to Council the proposals for the management of the capital plan in 2001/02 as detailed in the report.

929. FORMER LIFEGUARD EQUIPMENT FACTORY, RUTHIN

The Deputy Leader, Councillor W.R. Webb submitted the report (previously circulated) seeking Members’ approval for the purchase of the former Lifeguard Equipment Factory in Ruthin.

Members discussed the report in detail.

449 RESOLVED that in view of the fact that the Capital Working Group had not yet met to consider this item it was agreed that the item should stand adjourned to 9.00 a.m. on 27.11.2001, pending a recommendation from the Capital Working Group. Later that morning Council could be advised of the outcome.

930. PRESTATYN GOLF CLUB

Councillor W.R. Webb, Lead Cabinet Member for Property presented the report (circulated at the meeting) seeking Members’ approval to instruct specialist valuation consultants to open negotiations with Prestatyn Golf Club including ensuring the Council fulfils its obligation to obtain best value.

RESOLVED that Members authorise officers to employ consultants to open negotiations with Prestatyn Golf Club, for the sale of land included in the two leases, subject to the realignment of the northern boundary and establishment of the National Cycle Route and to establish the Club’s additional requirements for the repositioning of holes to facilitate the National Cycle Route. A further report on the outcome of the negotiations, will be submitted to Cabinet.

The meeting concluded at 12.30 p.m. ********* Reconvened meeting held at 9.00 a.m. on Tuesday 27th November 2001 at the Independent Group Room, Council Offices, Ruthin.

PRESENT

Councillors E.C. Edwards (Leader), D.M. Holder, R.W. Hughes, G.M. Kensler, D.M. Morris, E.A. Owens, A.E. Roberts, W.R. Webb and K.E. Wells.

APOLOGIES

Councillors I.M. Geman and E.W. Williams.

ALSO PRESENT

Corporate Director of Resources and County Clerk.

931. EXCLUSION OF PRESS AND PUBLIC

RESOLVED under Section 100A(4) of the Local Government Act 1972 the Press and Public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 7, 8, 9 and 13 of Part 1 of Schedule 12A of the Local Government Act 1972.

932. CAPITAL PROGRAMME GROUP REPORT

The Director of Resources presented the report of the CPG following its meeting of 26th November 2001.

The report detailed the bids considered and the recommendations either to approve or defer for further clarification together with an updated table of applications outcomes and estimated net capital payments.

The CPG recommended approval of the application in respect of the former Lifeguard Equipment Factory Ruthin and also an additional application in respect of school furniture procurement.

Members considered the report and the appendices.

RESOLVED that Cabinet recommend to Council acceptance of the applications for Capital Funding in respect of the former lifeguard equipment factory Ruthin and school furniture procurement.

The meeting concluded at 9.25 a.m. *************

450 BEST VALUE SCRUTINY COMMITTEE

Minutes of the meeting of the Best Value Scrutiny Committee held in the Conference Room, Trem Clwyd, Ruthin on Monday, 26 November, 2001 at 2.00 p.m.

PRESENT

Councillors A.E. Fletcher-Williams (Chair), D. Jones, G. Jones, C.H. Williams, and E.W. Williams (Lead Cabinet Member for Best Value).

ALSO PRESENT

Administration Services Manager, and Best Value Officer

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors F.D. Jones and W. Roberts

APPOINTMENT OF VICE CHAIR

RESOLVED that the appointment of Vice Chair be deferred to the next meeting of the Committee

933. URGENT MATTER In accordance with the requirements of Section 100B(4) of the Local Government Act 1972, the Chair declared that she intended to include for discussion the following matter requiring urgent attention:-

I.C.T. - Interim Challenge

I.C.T. BEST VALUE REVIEW - INTERIM CHALLENGE

The Best Value Officer briefly referred to the outcome of the Interim Challenge on the I.C.T. Best Value Review held on the 19 November 2001. The Inspectors report had been very positive and the service had been awarded two stars and was deemed to be the best in Wales. In view of the adverse publicity given to the Housing Rents Review the Best Value Officer hoped that wide ranging publicity could be given the award.

The Chair congratulated the Head of I.C.T. and his staff on the excellent award and requested that her sentiments be conveyed to the staff.

RESOLVED that the position be noted.

934. MINUTES

Submitted - the Minutes of the meeting held on 24 October 2001 (previously circulated).

Matters Arising

(i) Minute No. 749 (Members involvement in Best Value) - the Administration Services Manager confirmed that Councillor W. Roberts had accepted the nomination to serve on the Internal Transport Best Value Project Team.

The Best Value Officer reported that the projected Year 3 Reviews could be compromised by the “alternative model for Best Value” which would give the opportunity to reduce the number of service reviews in favour of a number of strategic reviews and reviews of operational services which were to be considered at risk.

RESOLVED that the Minutes of the meeting held on 24 October, 2001 be approved as a correct record.

451 935. DENBIGHSHIRE LIBRARY AND INFORMATION SERVICE: BEST VALUE RECOMMENDATIONS AND PROGRESS REPORT

The Chair welcomed to the meeting Mr. Arwyn Jones, Principal Librarian, who had been invited to attend the meeting to update Members on the progress made against the recommendations detailed in the Best Value Inspectors Report.

The Principal Librarian, with reference to a written report (previously circulated) outlined to Members the actions taken to date in response to the eight main recommendations made by the Inspectors. The response to the recommendations had been somewhat compromised by the National Assembly's publication of the Minimum Standards document for public library services in Wales. In response to that document the County Council was required to submit a 3 year strategic plan to the Assembly by 31st March 2002 outlining how the Council would meet the minimum standards within a three year period.

The Principal Librarian referred to the 24 different standards contained within the Assembly document and the major cost implications to meet the minimum standards for the book fund. He felt that some standards were already being met but other standards would need to be achieved within the 3 year strategy.

The Principal Librarian further reported upon the responses to the Inspectors recommendations particularly referring to the proposed Marketing Plan; benchmarking activities; the difficulty in determining tests of competitiveness for the service; the proposed consultation process with users/non-users; the re-evaluation of staff roles and numbers; the cataloguing of reserve stock as part of the 3 year strategy; the undertaking of a zero based budget which would give a more accurate reflection of budgets and expenditures per cost centre.

Members took the opportunity to raise questions with the Principal Librarian relating to the operation of the service particularly referring to comparisons with other local authorities; low book stock; availability of Welsh dramas; One Stop Shop facilities and the zero base budget exercise.

The Chair thanked the Principal Librarian for his report and attendance at the meeting

At this juncture the Best Value Officer suggested that the Committee might wish to have an update on the progress made on the Action Plan following the Planning Services pilot Best Value Review.

RESOLVED that:-

(a) the Principal Librarian’s report be received and the actions therein be noted and approved, and

(b) the Head of Planning Services be invited to the next meeting of the Committee to give an update on the progress made on the Action Plan following the Planning Services Pilot Best Value Review.

936. FIVE YEAR SERVICE REVIEW PROGRAMME - GREEN SPACES BEST VALUE TIMETABLE

The Chair welcomed to the meeting Mr. Ken Ewing, Head of Public Protection and Regulatory Services, who had been invited to the meeting to explain why the Green Spaces Best Value Review had not met the agreed Year Two timetable.

By reference to a written report (previously circulated) the Head of Public Protection referred to previous discussions with the Senior Grounds Maintenance Officer and the Best Value Officer regarding the problems in meeting the agreed timetable and the major difficulties in obtaining basic data information from Directorates. In acknowledging that deficiency the Head of Public Protection had now been appointed as Project Team Leader and Chair of the Core Officer Group meetings and matters were progressing more satisfactorily.

452 The Head of Public Protection also highlighted the problem in actually identifying all the green spaces maintained within the County. Contract Services had employed a Consultant to oversee the re-surveying of all areas in the North of the County and Officers were undertaking a similar survey of areas in the South of the County. The Housing Division was also undertaking a survey of all housing land in preparation for the possible transfer of housing stock.

With reference to the Grounds Maintenance Contracts the Head of Public Protection felt that they should be re-aligned in order that they commenced and terminated simultaneously. He also referred to the postal questionnaire undertaken with the Denbighshire 500 Citizens Panel concerning their views about the maintenance of green spaces in the County and the survey undertaken of play provision within the County. The results of both surveys were being analysed by Officers.

Taking into account the above considerations the Head of Public Protection requested the Committee to consider altering the timetable to enable the inspection to be carried out at the end of June 2002.

The Best Value Officer expressed her concerns that the Green Spaces Review lacked performance information systems. The Head of Public Protection agreed and felt that the Review would show up such deficiencies. He also suggested that increased contract costs had resulted in a reduction in service delivery.

Members took the opportunity to raise questions with the Head of Public Protection relating to the timetable and general service delivery particularly referring to the lack of information from Directorates; grass collection; the need to action the results of the questionnaires and the need to instigate a benchmarking scheme.

Councillor E.W. Williams indicated that the Best Value Review would give a valuable insight as to the quality of services provided and sought information on the termination of the various Grounds Maintenance Contracts. The Head of Public Protection suggested that any existing contracts due for renewal should “roll over” to the termination of the South Contract so that all services could be tendered together.

The Best Value Officer referred to the setting up of the All Wales Purchasing Consortium which would operate on a Regional basis. It would then be possible for Local Authorities to enter into a joint partnership arrangement possibly involving the private sector and Town/Community Council, to provide services such as grounds maintenance.

The Chair thanked the Head of Public Protection and Regulatory Services for his attendance at the meeting and it was:-

RESOLVED that:-

(a) the reasons for the failure in meeting the Green Spaces Best Value timetable, as detailed in the report, be accepted, and

(b) the timetable for the inspection of the service be extended until 30 June 2002.

937. PERFORMANCE MANAGEMENT TRAINING

The Best Value Officer reminded Members of the Performance Management Training to be undertaken on 3rd/4th December 2001. She emphasised the importance of this training and urged Members to make every effort to attend the appropriate session.

The meeting concluded at 4.10 p.m.

**********

453 DENBIGHSHIRE COUNTY COUNCIL

Minutes of the meeting of the County Council held in the Council Chamber, Town Hall, Ruthin on Tuesday, 27th November, 2001 at 10.00 a.m.

PRESENT

Councillors D. Jones (Chairman), M.Ll. Davies, P.A. Dobb, S. Drew, E.C. Edwards, A.E. Fletcher-Williams, I.M. German, M.A. German, K.N. Hawkins, D.M. Holder, N.J. Hughes, R.W. Hughes, N. Hugh-Jones, E.R. Jones, F.D. Jones, G. Jones, M.M. Jones, P.M. Jones, R.E. Jones, R.J.R. Jones, G.M. Kensler, D.M. Morris, E.A. Owens, T.M. Parry, A.E. Roberts, W. Roberts, F. Shaw, J.A. Smith, D.A. Thomas, W.G. Thomas, A.J. Tobin, W.R. Webb, K.E. Wells, C.H. Williams, E.W. Williams, G. Williams, P.J. Williams and P.O. Williams.

ALSO PRESENT

Acting Chief Executive, County Clerk, Corporate Directors and Administration Services Manager.

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors J. Butterfield, D.W. Davies, P. Douglas, J.S. Kerfoot-Davies, K.P. Stevens, S. Thomas and R.Ll. Williams.

PRAYERS

Councillor G.M. Kensler offered prayers at the commencement of the meeting.

938. URGENT MATTERS

The Chairman gave notice of the following item which in his opinion should be considered at the meeting as a matter or urgency pursuant to Section 100B(4) of the Local Government Act, 1972:-

Capital Plan - Supplementary Reports to Agenda item No. 18.

939. ANNOUNCEMENTS

The County Clerk referred to:-

(i) the Service of Readings and Carols to be held on 10 December 2001 at St. Asaph Cathedral;

(ii) the Performance Management training for Members to be held on 3/4 December 2001;

(iii) the Special County Council meeting to be held on 18 December to discuss the P.F.I. Civic Facilities at Ruthin, and

(iv) a petition to be presented to the Chairman by Councillor D.M. Morris.

940. PERFORMANCE MANAGEMENT AND BEST VALUE PROGRESS REPORT

The Chairman welcomed to the meeting Ms Delyth Morris and Mr. Nigel Griffiths of the District Auditors Office.

Ms Morris reported that Mr. Griffiths had co-ordinated the Best Value work within Denbighshire over the past two years and the District Auditor had been greatly encouraged by the progress made by the County Council.

Mr. N. Griffiths with the aid of slides (copies circulated at the meeting) outlined to Members the scope of the audit which had focused on the following four key areas:-

454 compliance, accuracy and legality of the 2001/2002 Best Value Performance Plan;

the adequacy of the performance information systems;

the corporate approach and management arrangements to support Best Value, and

was the Council’s performance improving?

With regard to the Best Value Performance Plan Mr. Griffiths acknowledged that much progress had been made since the audit of the first Plan. However, the District Auditor had raised a number of concerns including the unreliability of Performance Indicators, the non-completion of many Service Reviews and the need for the remainder of the five year programme to be more effectively managed. Consequently the District Auditor had given a qualified opinion on the plan as a significant number of PI.s had been incorrectly calculated and/or produced by unreliable systems.

Mr. Griffiths referred to the Councils strengths and weaknesses with regard to performance management and highlighted the need for the Best Value Scrutiny Committee to oversee the Plan monitor PI.s etc. He praised the commitment of the officers from the Best Value Unit but raised concerns over the resourcing of the process both centrally and departmentally.

Mr. Griffiths referred to the review of the Best Value process currently being undertaken nationally which would give the opportunity to reduce the number of service reviews in favour of a number of strategic reviews and reviews of operational services which were to be considered at risk. He also referred to the outcome of the Interim Challenge on the Council’s I.C.T. Best Value Review which had been very positive with the service being awarded two stars.

Mr. Griffiths finally reported upon the publication of a document detailing all the Assembly’s PI.s and the results of individual Local Authorities set against those targets.

Following a question/answer session the Lead Cabinet Member for Best Value praised the work of the Council’s Best Value Unit and thanked the District Auditor for the very positive presentation. He did, however, emphasis the role to be played by the Best Value Scrutiny Committee in overseeing the process and the influence that Best Value would have on future service delivery.

The Chairman thanked the officers from the District Auditors Office for the presentation.

At this juncture (10.55 a.m.) the meeting adjourned for 5 minutes to enable Members to partake in refreshments.

941. MINUTES OF THE COUNCIL

The Minutes of the County Council held on 18th September and the Minutes of the Special County Council held on 10th October, 2001 (previously circulated) were submitted.

Matters Arising:-

18 September 2001

Minute No. 579 (The Modernised Structure) - the Vice-Chairman of the Council requested the Leader to provide a statement on the following issues relating to the Modernised Structure:-

(i) Whistleblowing Policy;

(ii) Standards Committee;

(iii) Constitution - involvement of Members, and

(iv) Modernising Panel - options for Constitution - timetable.

455 The Leader indicated that he would respond to the Vice-Chairman’s request during consideration of Agenda No. 13 (Modernisation - Standards Committee).

RESOLVED that the Minutes of the County Council held on 18th September and the Minutes of the Special County Council held on the 10th October, 2001 be approved as a correct record.

942. MINUTES OF COMMITTEES/PANELS

RESOLVED that subject to the under-mentioned the Minutes of the following Committees and Panels be received viz :-

(i) Best Value Scrutiny Committee - 23 May 2001;

(ii) Cabinet - 30 August 2001; - Include name of Cllr E A Owens in list of Members present in Welsh Volume of Minutes

(iii) Planning Committee - 5 September 2001;

(iv) Children & Residential Care Homes Panel - 6 September 2001; - Include name of Cllr N J Hughes in list of Members present in Welsh Volume of Minutes together with venue - Council Chamber, Russell House, Rhyl

(v) Lifelong Learning Scrutiny Committee - 11 September 2001;

(vi) Resources Scrutiny Committee - 11 September 2001;

(vii) Environment Scrutiny Committee - 12 September 2001

(Minute No. 532 Review of the Car Parking Service and Charging Structure) - in response to a request from Councillor G.M. Kensler the Chair of the Scrutiny Committee agreed to consult relevant local Members on the review process;

(viii) Personal Services Scrutiny Committee - 12 September 2001;

(ix) Cefndy Enterprises Advisory Panel - 12 September 2001;

(x) Cabinet - 13 September 2001;

(xi) Licensing Panel - 19 September 2001;

(xii) Denbighshire Joint Consultative Committee - 20 September 2001;

(xiii) Cabinet - 25 September 2001

(Minute No. 618 Housing Rents Authorisation) - in response to a request from Councillor P.O. Williams the Acting Chief Executive agreed to provide him with information on the number of Welsh Speakers included in the appointments made in the Housing Rents Division.

(Minute No. 615 Priorities for preparing Budgets in 2002/2003) - in response to a question from Councillor G.M. Kensler the Lead Cabinet Member for Finance indicated that the ELWA funding issue was becoming clearer.

(Minute No. 629 - Acquisition of replacement vehicle - Cefndy Enterprises) - in response to a question from Councillor P.O. Williams the Acting Chief Executive reported that the cancellation cost had been £2,178.72.

(xiv) Special Resources Scrutiny Committee - 2 October 2001;

(xv) Local Joint Consultative Committee - 2 October 2001;

456 (xvi) Planning Committee - 3 October 2001;

(xvii) Children & Residential Care Homes Panel - 4 October 2001;

(xviii) S.A.C.R.E. - 8 October 2001;

(xviv) Special Cabinet - 9 October 2001 - Amend date in Welsh version of Minutes from 10th to 9th October;

(xx) Environment Scrutiny - 10 October 2001;

(xxi) Cabinet - 11 October 2001 - amend Minute Numbers in Welsh Volume - Minutes Nos. 678/679 duplicated

(Minutes No. 679/680 (Leader Plus/Clwydfro Cyfyngedig) Councillor E.W. Williams proposed that the receipt of these Minutes be deferred pending the outcome of discussions on Agenda item No. 12 (Modernisation - New Ethical Framework)

RESOLVED ACCORDINGLY

(xxii) Corporate Health Safety & Welfare Panel - 16 October 2001

(Minute No 698 - item 6 - Training Issues with Council Operated Minibuses) - the Chairman of the Panel reported that following discussions with the Councils Fleet Manager the Midas training scheme would not be acceptable and a detailed report would be submitted to the next meeting of the Panel.

(xxiii) Audit Panel - 17 October 2001

(Minute No. 711 - Internal Audit Reports) - Councillor R.E. Jones expresses his concern that none of the new Leisure Centre User Forums had been convened. The Lead Cabinet Member for Culture, Leisure and Tourism suggested that there had been a delay in external organisations appointing representatives to the Forums.

RESOLVED that the Assistant Director Culture and Leisure be requested to expedite this matter.

(xxiv) Personal Services Scrutiny Committee - 17 October 2001;

(xxv) Lifelong Learning Scrutiny Committee - 17 October 2001;

(xxvi) Resources Scrutiny Committee - 18 October 2001

(Minute No. 724 - North Wales Indoor Athletics Facility) - Councillor W.R. Webb queried how a Cabinet Member could move a proposition at a Scrutiny Committee and sought clarification on Cabinet Members attendance at Scrutiny Committees. The County Clerk reported that the error had been rectified at a subsequent meeting of the Committee and confirmed that Cabinet Members could attend Scrutiny Committees as observers

(xxvii) Cabinet - 23 October 2001;

(xxviii) Special Appointments Panel - 23 October 2001;

(xxix) Best Value Scrutiny Committee - 24 October 2001;

(xxx) Planning Committee - 31 October 2001;

(xxxi) Crime & Disorder Steering Group - 1 November 2001;

457 (xxxii) Children & Residential Care Homes Panel - 1 November 2001 - Include Councillor M.M. Jones in list of Members present;

(xxxiii) Cabinet - 6 November 2001

Councillor R.E. Jones referred to a previous decision of the Council to consider alternative venues throughout the County for the holding of Committees/Panels. He felt that Officers were not adhering to that decision particularly with regard to the number of Cabinet meetings held in Denbigh. The County Clerk indicated that the diary of meetings approved by Council had only been an indicative programme and the venues chosen were often driven by practicalities to suit Members, Officers, members of the public, translators etc. The Chairman felt that Cabinet meetings should be held in all towns within the County.

(xxxiv) Special Appointments Panel - 7 November 2001

(Minute No. 799 (Shortlisting for post of Chief Executive)) - the Acting Chief Executive reported that Mr. Ian Miller had formally confirmed his acceptance of the post of Chief Executive and would commence duties on 1 February 2002.

943. CHAIRMAN’S REPORT

The Chairman referred to the recent death of former Councillor Dilwyn Lloyd Williams and Members, Officers and members of the public stood in silence as a mark of respect.

The Chairman further referred to:-

(i) the list of events he had attended since the last meeting of the Council (previously circulated);

(ii) his forthcoming Chairman’s Ball to be held on 30 November at the Nova, Prestatyn and thanked Members and Officers for their support;

(iii) the Carol Service to be held at St. Asaph Cathedral on 10 December 2001 in aid of the Wales Hope House in Wales Appeal, and

(iv) the recent appointments of Ms Sally Ellis as Corporate Director, Personal Services and Mr. Ian Miller as Chief Executive.

The Chairman finally referred to the very sad news that Meridian Foods would be transferring its production from Corwen to its sister site in Selby, North Yorkshire. The transfer of the of the production in February 2002 would reduce the work force from 130 to 17. Councillor W.R. Webb indicated that the closure would have a devastating effect on Corwen and strongly urged the County Council to do everything in its power to persuade the Company to stay in the County.

The Leader echoed these sentiments and indicated that a meeting had been convened for 3rd December involving the Councils Economic Development Unit and the W.D.A. and the Managing Director of the Company would be invited to that meeting with a view to persuading the Company to stay in Denbighshire. In view of the seriousness of the situation the Leader agreed to keep Members fully informed of the ongoing discussions. The Acting Chief Executive emphasised the need to engage the management of the Company on a possible rescue package involving the National Assembly and the W.D.A. and referred to the contribution to be made by E.L.W.A. on re-skilling the work force if deemed necessary.

944. NOTICE OF MOTION

The County Clerk’s report was submitted (previously circulated) requesting the Council to consider the following Notice of Motion given by Councillors M.Ll. Davies, G. Jones, M.M. Jones, C.H. Williams, N.J. Hughes, E.W. Williams, M.A. German, S. Drew, G.M. Kensler and P.O. Williams:-

“The County Council is requested to confirm its committed policy of appointing representatives on internal and external bodies in accordance with the County Council's political balance.

458 It appears the Cabinet has brought a new policy into play by appointing Executive (Cabinet) and Non-Executive (other Councillors). In regards to appointments to the Court of the University of Wales (1 Cabinet Member and 2 Councillors). It was not stated how the non-executive Councillors were to be appointed only that the selection be up to the Council members. Therefore there is no recognised system in place.

The Council is requested to confirm and retain its usual policy and adhere to the Law of political balance when appointing Councillors to internal and external bodies”.

Councillor M.Ll. Davies formally moved the Notice of Motion seconded by Councillor N.J. Hughes.

The Leader proposed an amendment, seconded by Councillor N.H. Jones that the matter be referred back to Cabinet for consideration. Councillor E.W. Williams felt that the policy regarding political balance had to be decided by County Council, not Cabinet.

The County Clerk referred to the theory of political balance and suggested that the County Council should consider that issue and refer the appointments back to Cabinet for consideration. The Acting Chief Executive concurred with that viewpoint and consequently the Leader withdrew his amendment and Councillor M.Ll. Davies accepted the amendment to the Notice of Motion.

RESOLVED that :-

(a) the County Council re-affirms its commitment to political balance when appointing Councillors to internal and external bodies, and

(b) the Cabinet be requested to re-consider the representatives to be appointed to the Court of the University of Wales.

945. COUNCIL TAX BASE FOR FINANCIAL YEAR 2002/2003

The Lead Cabinet Member for Finance submitted a report (previously circulated) concerning the requirement - under The Local Authorities (Calculation of Council Tax Base) Regulations 1992 - (S.I. 1992/612 as amended by S.I. 1992/1742 & 1992/2943) - that the County Council calculates the tax base for each and every community within its billing area for the 2002/2003 financial year. The report detailed the calculation process.

RESOLVED that:-

(a) the calculation of the Council’s tax base for the year 2002/2003 be approved, and

(b) in accordance with the Local Authorities (Calculation of Tax Base) Regulations 1992 - S.I. 1992/612, S.I. 1992/1742 and S.I. 1992/2943, the amount calculated by the County Council as the tax base for each community area for the year 2002/2003 shall be :-

Community Area Tax Base 2002/2003

Aberwheeler 135 Betws G G 122 683 135 Bryneglwys 130 172 83 Corwen 793 Cyffylliog 174 Cynwyd 195 Denbigh 2903

459 191 Dyserth 941 244 183 297 Llanarmon yn Ial 465 Llanbedr D C 403 Llandelga 232 Llandrillo 221 363 125 Llanfair D C 455 323 Llangollen 1314 270 Llanrhaeadr Y C 424 192 Llanynys 278 121 Prestatyn 6569 Rhuddlan 1563 Rhyl 8175 Ruthin 1965 St. Asaph 1209 560 482

946. ALLOCATION OF CONTINGENCY FUND 2001/2002

The Lead Cabinet Member for Finance submitted a report (previously circulated) seeking an endorsement of the utilisation of the Contingency Fund for 2001/2002 in relation to the Revenue Budget. Councillor E.A. Owens reported that the Council was still on target for a zero overspend at the end of March 2002 which would be in accordance with the Recovery Plan. Members took the opportunity to raise questions with Councillor Owens regarding the utilisation of the Contingency Fund as detailed in Appendix 1 to the report.

The Chairman thanked Councillor Owens for the excellent work done in meeting the requirements of the Recovery Plan.

RESOLVED that the utilisation of the Contingency Fund for 2001/2002 as detailed in Appendix 1 to the report be endorsed.

947. REVIEW OF DELEGATION SCHEME FOR THE PLANNING COMMITTEE, PLANNING SERVICES AND OTHER PROCEDURES

The Head of Planning Services submitted a report (previously circulated) seeking approval for revisions to the following:-

the Scheme of Delegation for the Planning Committee and Planning Services;

the Code of Best Practice for Councillors and Officers dealing with Planning matters;

the Guidelines for Site Inspection Panels on Planning Proposals, and

the Planning Services Charging Scheme.

The Planning Committee held on 31 October 2001 had considered the proposed amendments to the various documents and had approved the recommendations set out in the report subject to final ratification of the decisions by the County Council.

460 Councillor N.H. Jones suggested that members of the public should be allowed to speak at Planning Committees and felt that this was a Human Rights issue. The County Clerk indicated that it was not a Human Rights issue and the Denbighshire process complied with all relevant legislation. Councillor R.W. Hughes felt that the delegation scheme had improved planning services and had been a great success.

The Leader proposed, seconded by Councillor F.D. Jones, that the recommendations be accepted and upon being put to the vote it was:-

RESOLVED that the recommendations set out in the Head of Planning Services report, as approved by the Planning Committee of 31 October 2001, be confirmed.

(Councillor N.H. Jones wished it to be recorded that he voted against recommendation 7.4 in the Head of Planning Services Report).

At this juncture (1.00 p.m.) the meeting adjourned for lunch.

DENBIGHSHIRE COUNTY COUNCIL

Minutes of the resumed meeting of the County Council held in the Council chamber, Town Hall, Ruthin on Tuesday 27 November 2001 at 1.35 p.m.

PRESENT

Councillors D. Jones (Chairman), M.Ll. Davies, S. Drew, E.C. Edwards, K.N. Hawkins, D.M. Holder, R.W. Hughes, G. Jones, M.M. Jones, P.M. Jones, R.J.R. Jones, G.M. Kensler, D.M. Morris, E.A. Owens, T.M. Parry, A.E. Roberts, W. Roberts, F. Shaw, J.A. Smith, D.A. Thomas, W.G. Thomas, A.J. Tobin, W.R. Webb, K.E. Wells, E.W. Williams, G. Williams and P.O. Williams.

ALSO PRESENT

Acting Chief Executive, County Clerk and Administration Services Manager.

APOLOGIES

Apologies for absence were received from Councillors J. Butterfield, D.W. Davies, P.A. Dobb, P. Douglas, A.E. Fletcher-Williams, I.M. German, M.A. German, N.J. Hughes, E.R. Jones, F.D. Jones, N.H. Jones, R.E. Jones, J.S. Kerfoot-Davies, K. P. Stevens, S. Thomas, C.H. Williams, P.J. Williams and R. Ll. Williams.

948. PETITION

The Lead Cabinet Member for the Environment presented to the Chairman a petition signed by residents of Victoria Avenue, Prestatyn requesting the provision of traffic calming measures.

RESOLVED that the Head of Highways and Transportation be requested to consider the petition.

949. CARING THROUGH CHANGE

The Lead Cabinet Member for Personal Services submitted a report (previously circulated) informing Members of his attendance at the National Social Services Conference held at Harrogate in October 2001. The report summarised the two day Conference and particularly referred to the observation of the Chief Inspector for S.S.I in Wales regarding the Joint Review process. In response to a concern from the Vice-Chairman Cllr A E Roberts indicated that the issue regarding the over-subscribed workshops had been brought to the attention of the organisers.

RESOLVED that the report be received and noted.

950. ALCOHOL CONSUMPTION IN DESIGNATED PUBLIC PLACES - RHYL TOWN CENTRE

461 The Lead Cabinet Member for the Environment submitted a report (previously circulated) seeking approval of an Order prohibiting the consumption of alcohol in public places within a designated area of Rhyl. The Council had previously agreed to adopt Bylaws for this purpose but subsequently the Government had passed the Criminal Justice and Police Act and the Assembly had advised the Council to follow the procedures laid down in the Act to make an Order banning the consumption of alcohol in that area. Cllr Morris indicated that the North Wales Police were fully supportive of the proposed action.

RESOLVED that:-

(a) an Order prohibiting the consumption of alcohol in public places within the defined area (detailed in Appendix 1 - including Rhyl Railway Station) of the Rhyl Town Centre be approved and that the Order be adopted by the County Council, and

(b) the Order be effective from 1st December, 2001 and copies be sent to the Secretary of State and to the Welsh Assembly.

951. MODERNISATION - NEW ETHICAL FRAMEWORK

The County Clerk submitted a report (previously circulated) requesting Members to:-

Ÿ receive the Principles specified by the National Assembly for Wales which were to govern the conduct of Members and Co-opted Members (Appendix 1), and

Ÿ adopt as the Code of Conduct for Members and Co-opted Members of the County Council and of the Town and Community Councils within Denbighshire the National Assembly for Wales model Code of Conduct for Members (Appendix 2).

The County Clerk indicated that adoption of the County Council's Code of Conduct was not mandatory for Town and Community Councils but he hoped that all Council's would adopt the same Code which would be implemented on 12 December 2001. He suggested that the new Code would give some concerns to Members particularly with regard to their interest on outside organisations.

Members took the opportunity to raise questions with the County Clerk regarding the new Code and expressed concerns over their future representation on outside bodies.

RESOLVED that:-

(a) the Principles which govern the conduct of Members and Co-opted Members be noted, and

(b) the model Code of Conduct drawn up by the National Assembly for Wales be adopted as the Code of Conduct for Members and Co-opted Members of the County Council and Town and Community Councils within Denbighshire.

952. MODERNISATION - STANDARDS COMMITTEE

The County Clerk submitted a report (previously circulated) seeking approval of the mechanisms necessary to establish a Standards Committee that complied with requirements of the Local Government Act 2000 and the Standards Committee (Wales) regulations 2001.

The County Clerk took Members through the report particularly referring to the outline of the new ethical framework; the skills and qualities required of independent members on the Committee; the legal requirements for Standards Committees and the suggested Terms of Reference (Appendix 1 to the report). Councillor E.W. Williams suggested that the criteria for appointing independent members should be amended so that members had "an empathy with the Welsh Language and Culture" rather than just one being "Welsh speaking".

At this juncture the Leader responded to the questions raised by the Vice-Chairman of the Council earlier in the meeting indicating that:-

462 (i) the issues relating to the Standards Committee had been covered in the County Clerk’s report;

(ii) the Whistleblowing Policy already operated within the Personal Services Directorate but needed further development for adoption for the whole of the County Council;

(iii) the Council’s new constitution would be submitted to the Assembly by the end of January 2002 and be implemented by 1st May 2002;

(iv) the County Council would need to formally approve the new Constitution and the Modernising Panel would progress matters further, and

(v) the draft constitution would be presented to County Council on 15 January 2002 and formally approved by a Special meeting of the Council at the end of January 2002.

The Leader formally moved the County Clerk’s recommendations together with the minor amendments agreed by Members.

RESOLVED that in accordance with the Local Government Act 2000 and the Standards Committees (Wales) regulations and Council’s previous deliberations:-

(a) the Denbighshire County Council Standards Committee be comprised of 5 members namely 3 independent members, 1 County Councillor and 1 Town/Community Councillor;

(b) the term of office of the independent members be 6 years;

(c) an advisory panel of 3 County Councillors, 1 Town/Community Councillor and 1 lay member be appointed by the Special Appointments Panel;

(ch) the criteria for appointment be those recommended in the draft guidance namely:-

w the ability to make the requisite time commitment w listening skills w ability to understand and weigh up evidence w ability to come to an objective view and explain that view by reference to the evidence; w teamworking skills w respect for others and an understanding of diverse issues w discretion w personal integrity w empathy with the Welsh language and culture;

(d) the recommendations of the Advisory Panel be considered by a Special Appointments Panel comprising the Chairman of the Council, Group Leaders or their substitutes and Cabinet Members which shall have authority to appoint the Standards Committee;

(dd) all members of the advisory panel and the Standards Committee shall be entitled to travel allowance in accordance with the members allowances regulations prevailing from time to time,and

(e) the Terms of Reference and delegation of powers in respect of the Standards Committee as set out in Appendix 1 to the report be approved.

953. LLANGOLLEN CULTURE AND LEISURE FACILITIES

The Lead Cabinet Member for Culture, Leisure and Tourism submitted a report (previously circulated) seeking confirmation of a Cabinet recommendation of 22nd November, 2001 that the County Council approves the restructuring of culture and leisure facilities in Llangollen as outlined in option 5 of the report by refocusing, refurbishing and re-launching of the Old Chapel, Castle Street, Llangollen. The project would provide a new integrated Culture, Learning and Information Centre to benefit both the local community and visitors to Denbighshire.

463 Councillor R.J.R. Jones indicated that he supported the scheme and thanked the Officers for streamlining the services in Llangollen.

RESOLVED that the restructuring of culture and leisure facilities in Llangollen as detailed in the report be approved subject to external funding being available and the outcome of consultation.

954. RESPONSE TO LOCAL GOVERNMENT BOUNDARY COMMISSION FOR WALES DRAFT RECOMMENDATIONS CONCERNING THE BOUNDARY BETWEEN DENBIGHSHIRE AND WREXHAM

The Leader submitted a report (previously circulated) seeking confirmation of a Cabinet recommendation of 22 November 2001 that the County Council approves a response forwarded to the Local Government Boundary Commission for Wales concerning the boundary between Denbighshire and Wrexham. The Leader referred to the response forwarded to the Commission and thanked Members and Officers for all their hard work in presenting Denbighshire’s case to the Commission. He also thanked the delegation that met with the Commission.

RESOLVED that the response forwarded to the Local Government Boundary Commission be approved

955. W.L.G.A. STRATEGIC REVIEW REVISED MANAGEMENT ARRANGEMENTS

The Leader submitted a report (previously circulated) seeking confirmation of a Cabinet recommendation of 22nd November, 2001 that the County Council approves a draft response as a basis for responding to the W.L.G.A. Co-Ordinating Committee (response attached to the report).

Councillor W.R. Webb expressed concerns regarding the proposed membership of the Partnership Group and hoped it would involve members from the whole of Wales.

RESOLVED that the Draft Response attached to the report be approved as a basis for responding to the W.L.G.A. Co-Ordinating Committee.

956. MEMBER TRAINING

The Lead Cabinet Member for Training expressed his disappointment at the attendance at the recent Media training for Members and urged all Members to attend the Performance Management training on 3/4 December 2001.

The Leader thanked Councillor D.M. Holder for his input into the Member training sessions.

957. EXCLUSION OF PRESS AND PUBLIC

RESOLVED that under Section 100A(4) of the Local Government Act 1972, the Press and Public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 6,8 & 9 of Part 1 of Schedule 12A of the Act.

958. MINUTES OF THE DENBIGHSHIRE AND FOSTERING PANEL

RESOLVED that the confidential Minutes of the Denbighshire Adoption and Fostering Panels held on 23 July and 24 September 2001 (previously circulated) be received.

959. CAPITAL PLAN 2001/2002

The Lead Cabinet Member for Finance submitted a confidential report (previously circulated) seeking confirmation of the action taken by Cabinet in approving new projects not previously approved by the Council. Councillor Owens referred to a summary of the overall Capital Plan (Appendix 1); a list of capital scheme applications presented to Cabinet by the Capital Programme Group of Officers (Appendix 2) and the detailed information on each project (Appendix 3).

464 Councillor Owens also sought confirmation of two further applications approved by Cabinet that morning relating to the former Lifeguard Equipment Factory, Ruthin and School Furniture Procurement (copies circulated at the meeting).

RESOLVED that the recommendations of Cabinet as outlined above be endorsed and the updated Capital Plan be approved.

The meeting concluded at 2.50 p.m.

*************

465 PLANNING COMMITTEE

Minutes of the meeting of the Planning Committee held in the Council Chamber, Town Hall, Ruthin on Wednesday, 28th November 2001 at 10.00a.m.

PRESENT

Councillors F.D. Jones (Chair), P. Dobb (Substitute for D. Holder), P. Douglas, S. Drew, K.N. Hawkins, N.J. Hughes, E.R. Jones (Substitute for S. Thomas), G. Jones, M.M. Jones (Substitute for M.Ll. Davies), P.M. Jones, N. Hugh-Jones, R.E. Jones, A. Owens, W. Roberts (Substitute for D. Davies), F. Shaw, K.P. Stevens, D.A. Thomas (Substitute for J. Smith), W.G. Thomas, A.J. Tobin, C.H. Williams, P.O. Williams and R.Ll. Williams.

ALSO PRESENT

Head of Planning Services, Legal Services Manager, Principal Planning Officer (South), Principal Planning Officer, Principal Planning and Enforcement Officer and Administrative Officer (G. Butler).

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors J. Butterfield, D.W. Davies, M.Ll. Davies, A.E. Fletcher-Williams, I.M. German, M.A. German, D.M. Holder, R.W. Hughes, R.J.R. Jones, J.A. Smith, S. Thomas and K.E. Wells.

960. URGENT MATTERS

The Chair gave notice of the following item which in his opinion should be considered at the meeting as a matter of urgency pursuant to Section 100B(4) of the Local Government Act, 1972 -

Call in Application - Windfarm at Tir Mostyn/Foel Goch, Nantglyn.

961. APPLICATIONS FOR PERMISSION FOR DEVELOPMENT

The report by the Head of Planning Services (previously circulated) was submitted enumerating plans submitted and requiring determination by the Committee.

RESOLVED that:-

(a) the recommendations of the Officers, as contained within the report now submitted, be confirmed and planning consents or refusals as the case may be, be issued as appropriate under the Town and Country Planning (General Permitted Development) Order 1995, Planning and Compensation Act, 1991, Town and Country Planning Advert Regulations, 1994 and/or Planning (Listed Buildings and Conservation Areas) Act, 1990 to the development proposed by the following plans subject to the conditions enumerated in the schedule now submitted:-

(i) Consents

Application No. Description and Situation

02/2001/0243/AD (Following consideration of one additional letter of representation from Head of Highways) Display of 19 advertisement signs at Co-op (Formerly LO-Cost Stores Ltd.), Station Road, Ruthin SUBJECT to deleting condition no.3; new conditions 3 and 4 and new note to applicant:- 3. No light source shall be directly visible to drivers of vehicles using the adjoining highway. REASON - to prevent glare or dazzle in the interest of traffic safety. 4. The surface brightness of the proposed signs shall not exceed 2,000cd/m2 (584ft.L.).

466 REASON - to prevent glare or dazzle in the interest of traffic safety. Note to Applicant - You are asked to contact the Case Officer in the Planning Services section to discuss local concerns over the floodlighting of the premises. Your attention is drawn to the attached Highway Supplementary Notes (1 and 10) And the New Roads and Street Works Act 1991 (Part N Form)

03/2001/0955/PF Extension of existing single storey dwelling to a two storey dwelling by the addition of a first floor at Cip o’r Bont, Mill Street, Llangollen. SUBJECT to amended condition no.3:- 3. No external wall materials shall be applied until the written approval of the details have been obtained from the Local Planning Authority.

03/2001/0840/PF (Councillor C.H. Williams declared a non pecuniary interest in the following application) Retention of part of existing building, conversion of front and redevelopment of rear to form 15 new flats at Grapes Hotel, Regent Street, Llangollen. SUBJECT to amended condition no.3 and new condition nos. 5 and 6:- 3. No work shall be permitted to commence on the external walls of the buildings until the written approval has been obtained from the Local Planning Authority to the type of brickwork and mortar mix, render finish and colour, and stonework and mortar, it is proposed to use. New Conditions - 5. No work shall be commenced on the development until there has been submitted to and approved in writing by the Local Planning Authority a detailed methodology statement showing how the original Grapes Hotel building is to be protected and its stability ensured in the course of development; and the approved scheme shall be implemented in its entirety in progression of the scheme. REASON - to ensure the original building is retained and not endangered by demolition and redevelopment works 6. No work shall be commenced on the development until the written approval of the Local Planning Authority has been obtained to details of the materials to be used in the frames of the windows and doors, the detailing of the window reveals including the extent of recessing of frames from the external wall face, and the detailing of the rainwater goods, including means of masking the downspouts on the road elevations of the building.

REASON - to ensure a satisfactory standard of development in the interests of visual amenity.

17/2001/0841/PF (Following consideration of two additional letters of representation from M.J. Holder, Old Ty Hir Farm, (3rd Letter) and Scientific Services Officer (Public Protection). Erection of an agricultural livestock building at Ty-Hir, Pen Y Stryt, Llandegla, Wrexham.

20/2001/1029/PF Erection of balcony/verandah/stairs to rear of building at Three Pigeons Inn, Graigfechan, Ruthin. SUBJECT to amended condition no.3:- 3. (spelling error) “Inn”

24/2001/0911/PF Erection of agricultural storage building for fodder and equipment at Field No. 7481 (7480), formerly part of Ty Coch, Llanynys, Denbigh.

467 27/2001/0580/PF Retention of polytunnel at Abbey Grange, Llantysilio, Llangollen.

43/2001/0919/PF (Following consideration of one additional letter of representation from Environment Agency) Erection of bungalow and detached garage and alterations to existing vehicular access at Aber Pwll Y Bont, Meliden, Prestatyn. SUBJECT to amended condition nos. 2 and 5 and new Note to Applicant:- 2. the dwelling shall not be occupied until space, in accordance with details to be submitted to, and approved in writing by, the Local Planning Authority, has been laid out within the site for cars to be parked and for cars to turn so that they may enter and leave the site in a forward direction. 5. “finished”. Note to Applicant - You are advised that the Environment Agency consider that the proposed dwelling would be at high risk from flooding.

45/2001/0920/PF Construction of room in retrospect with dormers to side elevations and erection of extension at rear of dwelling house with balcony over at 22 Eaton Avenue, Rhyl. SUBJECT to amended condition no.2:- 2. add “including the tile hanging to the dormers which shall match the existing roof tiles”.

45/2001/0973/PF (Councillors A. Owens, P. Douglas, W.G. Thomas and F. Shaw declared an interest in the following application as school governors). (Following consideration of one additional letter of representation from the Head of Highways). Development of land within school site to create additional 59 No. car parking spaces at Rhyl High School and Leisure Centre, 86 Grange Road, Rhyl. SUBJECT to new condition no.5:- 5. Prior to the commencement of the development hereby permitted details of the surfacing of the proposed car park and surfacing and marking out of the proposed and existing car park shall be submitted to and approved in writing by the Local Planning Authority, such marking out to include a minimum of 6% of spaces for the disabled of appropriate size and siting. REASON - to ensure that the car park is used to its full capacity and that provision is made for the disabled. Councillor S. Drew asked that it be noted that she had voted to refuse planning permission.

45/2001/1045/PF Erection of store extension and new staircase access to flats at rear of amusement arcade at 16-17 West Parade, Rhyl.

46/2001/1006/PF Erection of single-storey pitched-roof extension to side and rear of dwelling house and formation of new vehicular access at 29 Tan Y Bryn, St. Asaph. SUBJECT to the following amended reason no.3:- 3. “in the interests of residential amenity”.

47/2001/0663/PF (Following consideration of amended location plan circulated and one letter of representation from Head of Highways) Erection of replacement dwelling and installation of new septic tank at Fachwen Farm, Waen, St. Asaph. SUBJECT to amended condition no.4, new condition nos 7, 8 and 9 and new Note to Applicant:- 4. the hedging to be provided to the northern and western boundaries of the site as indicated on Drawing no. 01/46/1 Revision A 468 shall comprise the following - 80% Hawthorn, 10% Blackthorn, 5% Hazel, 3% Holly, 2% Dog Rose, planted 45-60cm high, 4 per metre planted in 2 staggered rows with stock proof fencing. All planting, seeding, turfing etc... 7. the proposed septic tank and ancillary soakaway system shall confirm to BS6297 and no part of the system shall be sited within 10 metres of any watercourse. REASON - to ensure the proper drainage of the site and to minimise the risk of pollution. 8. Notwithstanding the provisions of Class G of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995, no container for the storage of oil shall be erected or provided within the curtilage of the dwelling house unless it is sited on an impervious base and surrounded by impervious bund walls. The volume of the bunded compound shall be at least the equivalent to the capacity of the tank plus 10%. All filling points, vents, gauges and sight glasses shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipe work shall be located above ground and protected from accidental damage. REASON - to prevent pollution of the water environment. 9. None of the trees or hedgerows shown on the approved plans as being retained shall be felled, lopped or topped without the prior written consent of the Local Planning Authority. Any trees or hedgerow plants which die or are severely damaged or become seriously diseased within five years of the completion of the development shall be replaced with trees or hedgerow plants of such size and species to be agreed in writing with the Local Planning Authority. REASON - To safeguard the existing trees and hedges on the site, in the interests of the visual amenities of the locality. Special Notes to Applicant. Your attention is drawn to the attached Highway Supplementary Notes Nos. 1, 3, 4, 5 and 10.

47/2001/1000/PF (Following consideration of an additional letter of representation from the Head of Highways) Renewal of Application Ref. No. 47/718/96/PF comprising change of use from market garden to touring caravan and chalet park with associated road widening and alterations to existing vehicular access and installation of new septic tank at Waen Market Gardens, Waen Road, Rhuddlan, Rhyl. SUBJECT to amended condition nos. 2 and 13, new condition nos. 15 and 16 and additional Notes to Applicant:- 2. The caravans using the site shall only be caravans on tour and no caravans shall stay on the site for any period longer than 21 days. 13. The occupancy of the chalets hereby permitted shall be limited to holiday use only and the chalets shall not be used as a sole/main unit of living accommodation. A register shall be kept of chalet occupancy and this shall be made available for inspection on request by the Local Planning Authority. 15. Facilities shall be provided and maintained within the site for the loading and unloading, parking and turning of vehicles in accordance with a scheme to be submitted to and agreed in writing by the Local Planning Authority; and such scheme shall be completed prior to the commencement of the use hereby approved. REASON - in the interests of amenity and highway safety by ensuring that adequate space is available for all vehicles visiting the property to park and turn clear of the highway.

469 16. The visibility splays shown on the approved plans shall at all times be kept free of any planting, tree or shrub growth, or any other obstruction in excess of 1.05 metres above the level of the adjoining carriageway REASON -in the interests of highway safety. Special Notes to Applicant - The Applicant must carry out soil porosity tests in accordance with the procedures laid down in the Water Resources Act 1991 in order to determine the suitability of the sub-soil and area of land required for the soakaway. Should such test indicate that the soil conditions are unsuitable for the effective disposal of sewage effluent then the applicant should liaise with the Environment Agency regarding an acceptable alternative method of sewage treatment/disposal. If the developer intends to discharge effluent from the septic tank/sewage treatment plant by other than a soakaway system, they must contact this Authority regarding the requirement for a discharge consent pursuant to the Water Resources Act 1991. You are advised of the need to obtain a caravan site licence from the Council’s Head of Public Protection under the Caravan Sites and Control of Development Act. The Denbighshire Access Group have requested specifications relating to disabled persons facilities. Please seek advice from the Group at e-mail - [email protected]. Your attention is drawn to the attached Highway Supplementary Notes Nos. 1, 3, 4, 5 and 10. The Highway Authority advise that there will be a need for a Section 278 Agreement under the Highways Act to be entered into prior to the commencement of the development. Your attention is drawn to the attached Part N form (New Road and Street Works Act 1991). (ii) Refusals

Application No. Description and Situation

45/2001/1010/PC Retention of shop front as constructed at 29-31 Water Street, Rhyl.

Following the requisite number of members requesting a RECORDED VOTE, the Chair invited Members to vote for or against the officer’s recommendation to REFUSE planning permission for the proposal. For the recommendation to Refuse (15) P.A.Dobb, P. Douglas, K.N. Hawkins,N.J.Hughes,N. Hugh-Jones, E.R. Jones, F.D. Jones, G.Jones, M.M. Jones, R.E.Jones, E.A. Owens, F.Shaw, A.J.Tobin, C.H. Williams, P.O. Williams

Against the Recommendation (5) S.Drew, P.M. Jones, K.P. Stevens, W.G. Thomas, R. Ll. Williams Abstained (1) D.A. Thomas

(b) the following application was deferred for the reasons indicated:-

Application No. Description and Situation

31/2001/0963/PF Conversion and alterations to outbuildings to form 2 No. Dwellings and installation of new septic tank at Outbuildings at Pen Y Bryn, Wigfair, St. Asaph. REASON - to consider planning policies and to allow consultation with Building Regulations.

470 (c) the following application be deferred to enable site visit to be undertaken for the reasons indicated:-

Application No. Description and Situation

22/2001/0853/PF Erection of extension to previously approved conversion of dairy building to dwelling house granted under Code No. 22/2001/0291/PF at Plas Yn Rhos Farm, Llanychan, Ruthin. Councillor P. Douglas asked that it be noted that he voted against having a site visit.

962. ENFORCEMENT MATTERS

ENF/147/98/S

Condition of land adversely affecting the amenity of the neighbourhood at Station Yard, Station Road, Denbigh.

RESOLVED that authorisation be granted for the following:-

(a) serve a Notice under the provisions of Section 215 of the Act requiring such steps as necessary to be taken to remedy the condition of the land;

(b) instigate prosecution proceedings or other appropriate action under the Planning Acts if the person or persons on whom any Notice is served or against whom legal action is taken fail to comply with the requirements thereof.

ENF/100/01/N

Unauthorised shop front at 29-31 Water Street, Rhyl.

RESOLVED that authorisation be granted for the following:-

(a) serve an Enforcement Notice to ensure an appropriate colour finish to the shop front as installed;

(b) instigate prosecution proceedings or other appropriate action under the Planning Acts against the person or persons upon whom any Enforcement Notice, or other such Notice, is served or against whom legal action is taken should they fail to comply, within six months of the Notice, with the requirements thereof.

963. TELECOMMUNICATIONS DEVELOPMENT

The Head of Planning Services submitted a report (previously circulated) updating Members on current issues relating to telecommunications development and officers’ response on the National Assembly’s proposal on an Interim Regulatory Impact Assessment.

RESOLVED that this report be received for information.

Councillor N. Hugh-Jones advised Committee of the benefit of the telecommunication seminar held in Caernarfon, and suggested another session be organised for North East Wales.

Councillor Hugh-Jones also referred to those who attended the Caernarfon Seminar and proposed that the Planning Committee recommend to Cabinet that travelling expenses be honoured.

RESOLVED that Cabinet be asked to approve relevant expenses for those who attended the Telecommunications Seminar in Caernarfon on 19th October 2001.

471 964. DATE OF SITE VISIT

The Head of Planning Services’ written report (previously circulated) was submitted seeking approval for site visits arising from Agenda Item No.2 to be held on 5th December 2001 and advising of the current membership of the Site Visit Panel.

RESOLVED that the approved site visits be held on 5th December 2001.

965. LIST OF APPLICATIONS DEALT WITH UNDER DELEGATED POWERS

The Head of Planning Services submitted his written report (previously circulated) of applications for Planning Permission determined by him under delegated authority between 11th October 2001 and 9th November 2001.

RESOLVED that the report be received.

966. CALL-IN APPLICATION PROPOSED 25 TURBINE WIND FARM AT TIR MOSTYN/FOEL GOCH, NANTGLYN PLANNING APPLICATION 25/710/99/PF

A report by the Head of Planning Services was circulated detailing proposed amendments to the siting of some of the windfarm turbines and seeking Committee views on the amendments and the impact of those amendments on the conditions and Section 106 Obligation previously approved.

RESOLVED that the Planning Inspectorate be advised that Denbighshire County Council as Local Planning Authority raise no objection to the amendments proposed and request that planning permission be granted for the wind farm subject to the inclusion of suitable conditions and a Section 106 Obligation in line with the Documents DCC1 and DCC2 approved at the November 2001 Committee.

The meeting concluded at 11.30a.m.

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472 CABINET

Minutes of the meeting of the Cabinet held in the Monsanto Suite, Royal International Pavilion, Llangollen on Tuesday, 4th December, 2001 a 10.00 a.m.

PRESENT

Councillors W.R. Webb (Deputy Leader), I.M. German, D.M. Holder, G.M. Kensler, D.M. Morris, E.A. Owens, A.E. Roberts and K.E. Wells.

Observers: Councillor R.J.R. Jones

ALSO PRESENT Acting Chief Executive, Corporate Director of Resources, County Clerk and Administration Services Manager.

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors E.C. Edwards (Leader), R.W. Hughes and E.W. Williams.

967. URGENT MATTERS

The Deputy Leader gave notice of the following items which in his opinion should be considered at the meeting as a matter of urgency pursuant to Section 100B(4) of the Local Government Act, 1972:-

(i) recruitment - Records Assistant, Lifelong Learning - item 3 (vii), and

(ii) Capital Programme Group Report - Part II - item 14

968. MINUTES OF THE CABINET

RESOLVED that the Minutes of the Cabinet meeting held on 22 November 2001 be approved as a correct record.

969. RECRUITMENT

The Deputy-Leader submitted the following applications for approval:-

(i) Sc4-6, Trainee Economic Development Officer (Europe) - Environment - Economic Regeneration;

(ii) Two posts Manual Grade IV DCA/Manual Grade 1 Domestic: Day Care Assistant and Domestic Assistant - Personal Services - Dolwen;

(iii) Manual Grade IV Day Care Assistant - Personal Services - Llys Nant;

(iv) Sc 4 Access Development Officer - Lifelong Learning - Countryside;

(v) Sc 2 Clerical Officer - Lifelong Learning - Education Services;

(vi) Point 24-32 - Education Social Worker - Lifelong Learning - Education, and

(vii) Sc 2 Records Assistant - Lifelong Learning - Archives (this item was considered as a matter of urgency, notice having been given by the Deputy Leader at the commencement of the meeting).

With respect to (iii) above the Lead Cabinet Member for Finance referred to the current under capacity at Llys Nant due to accommodation works and sought an update thereon. The Corporate Director, Personal Services agreed to provide that information.

473 With respect to (vii) above the Lead Cabinet Member for Finance indicated that this additional post had been identified as part of the zero based budget exercise and would be essential for the commencement of the P.F.I. Scheme. The Acting Chief Executive reported that it was the intention to defer the post until April 2002 but it was now critical to advertise the post in readiness for the P.F.I. Scheme.

The Deputy Leader requested that a comparison be made of the number of staff employed by the County as at 1st April 2001 and the 1st April 2002. The Head of Personnel agreed to provide that information at the end of the financial year.

RESOLVED that the external advertisement of the above-mentioned posts be approved

970. SPORTLOT: CAPITAL GRANTS: INVITATION FOR NOMINATIONS FOR THE REGIONAL AND NATIONAL DECISION-MAKING PANELS

The Deputy Leader submitted a report (previously circulated) inviting political groups to submit nominations for membership of the Regional and National Decision-Making Panels which were responsible for the SPORTLOT Capital awards and for overseeing the SPORTLOT Community Chest Scheme. An invitation had been received from the Sports Council for Wales for the County Council to submit nominations for membership of the National and Regional SPORTLOT Panels, the closing date for nominations being the 31st December 2001.

RESOLVED that the political groups be requested to submit their nominations for membership of the National and Regional SPORTLOT Panels and for those nominations to be considered by Cabinet for submission to the Sports Council for Wales by the 31st December 2001.

971. SALE OF ALCOHOL TO UNDER 18’S

The Lead Cabinet Member for the Environment submitted a report (previously circulated) informing Members of a new duty imposed on Local Authorities under the 1964 Licensing Act by virtue of amendment brought under Section 30 and 31 of the Criminal Justice Police Act 2000 concerning the sale of alcohol to the under 18’s and to approve actions to be taken by Officers in order to enforce the provisions of the Act. Sections 30 and 31 of the Act amended the powers under the Licensing Act 1964 relating to issues concerning the test purchasing of alcohol by a person under 18 and it also created a duty on Local Authorities to enforce provisions concerning the sale of alcohol to under 18’s.

Councillor D.M. Morris envisaged that it would be appropriate that the function of enforcement relating to Off-Licenses would be compatible with the County’s current duties in connection with under-age sales (cigarettes). The provision in relation to “On-Licences” would be a different matter and would be best dealt with by the Police.

RESOLVED that:-

(a) Officers of the Public Protection and Regulatory Services Department be authorised to enforce the legislation within Denbighshire County Council area and to take such actions as were necessary including Court Actions (in consultation with the County Clerk in order to secure compliance with the legislation), and

(b) Officers be authorised to liaise with the North Wales Police together with the North Wales Trading Standards Authorities, in order to agree a consistent enforcement protocol and approach across the North Wales area in the enforcement of legislation.

972. PLAY PROJECT 2000 - OPEN ACCESS PLAY FACILITIES

A joint report by the Lead Cabinet Member for the Environment and the Lead Cabinet Member for Education and I.C.T. (previously circulated) was submitted seeking approval to consult on a report prepared on behalf of Denbighshire by Play Safe and Safe Consultancy and to refer the matter for full discussion following the receipt of consultations to both the Environment Scrutiny Committee and the Lifelong Learning Scrutiny Committee prior to recommendations being made to Cabinet and Council to implement new policies or amend existing policies as outlined in the report.

474 The Lead Cabinet Member for the Environment reported that the National Assembly for Wales had approved funding to carry out research to undertake a qualitative and quantitative research study on open access to play equipment, open access play opportunity and open access play within Denbighshire. The task required had been very extensive extending to the inspection of approximately 62 playground sites and one adventure playground. Community Councils, voluntary organisations and Housing Associations had also been contacted in order to seek their views and aspirations for the future provisions of play facilities.

The Lead Cabinet Member for Finance, as a Member of the Play 2000 Group hoped that the public consultation exercise would be extensive and highlighted the role for the Lifelong Learning Scrutiny Committee to oversee that consultation process. She felt that Denbighshire had a very poor record in the provision of open access play facilities and hoped that this report would act as a catalyst to access funding for the costs in promoting play.

Councillor I.M. German referred to the need to have appropriate signage in play areas regarding the exercising of dogs, dogs on leads etc.

In response to a question from Councillor G.M. Kensler, the Lead Cabinet Member for Education, referred to the ongoing discussions with schools on the use of school buildings, playing fields etc. outside school hours and a report on that matter would be submitted to the Lifelong Learning Scrutiny Committee in the New Year.

In conclusion the Lead Cabinet Member for Finance thanked the Officers for the excellent work done in commissioning this report.

RESOLVED that:-

(a) the report be received and noted, and

(b) the Officers be authorised to launch the report and enter into a public consultation exercise on the contents of the report and refer the matter for full discussion following the receipt of consultations as to both the Environment Scrutiny and Lifelong Learning Scrutiny Committees prior to recommendations being made to Cabinet and Council on the findings.

973. BEST VALUE: HOUSING RENTS

The Lead Cabinet Member for Personal Services submitted a report (previously circulated) seeking approval of the Housing Rents Best Value Review “options for further research”. A new Project Team had been established to carry out a second Best Value Review of Housing Rents as required following the Audit Commission's inspection of the First Review. The Project Team had completed the Baseline Information Gathering and produced a Performance and Improvement Summary in accordance with the Best Value Tool Kit. The Team had then challenged the Service to Delivery Options and produced the Options for further research subject to approval by Cabinet. (Options attached to the report).

RESOLVED that the further research options as identified in the appendix to the report be approved.

974. HOUSING MAINTENANCE CONTRACTS

The Lead Cabinet Member for Personal Services submitted a report (previously circulated) seeking Members approval to extend contracts for repair and maintenance of housing stock and for servicing and maintenance of gas appliances for one year. The two major contracts for responsive housing repairs had been awarded in 1998 with an option to extend once only for twelve months by mutual consent. The current discussions on the possible transfer of the Council’s housing stock and deferment of the Best Value Review of Housing Maintenance until 2002/2003 had deemed it logical to consider an extension of the contracts until October 2003 to allow the position to be clarified.

475 RESOLVED that:-

(a) in accordance with Schedule 1, Document 4, item 1.8 of the Agreement for the Repair and Maintenance of Housing Stock, the contract period be extended for a further 12 months from the 1st October 2002, and

(b) in accordance with Contract conditions item 32.1 of the Agreement for Annual Servicing and Maintenance of Gas Fired Heating and Hot Water Installations the contract period be extended for a further 12 months from 5th October 2002.

975. DENBIGHSHIRE LOCAL BIODIVERSITY ACTION PLAN - FRAMEWORK DOCUMENT

The Lead Cabinet Member for Culture, Leisure and Tourism’s report (previously circulated) was submitted seeking agreement of the Denbighshire Local Biodiversity Action Plan Framework Document and to recommend to Council that it be adopted as a Council policy. All Local Authorities were required to prepare a Local Biodiversity Action Plan to meet commitments made by the UK Government and the International Convention on Biological Diversity which emerged from the 1992 Rio Convention.

The Acting Head of Countryside and Leisure Services referred to the consultation process and indicated that the Denbighshire Local Agenda 21 Steering Group had been advised of the Plan but had not yet endorsed the final document.

RESOLVED that subject to its endorsement by the Denbighshire Local Agenda 21 Steering Group the Denbighshire Local Biodiversity Action Plan and Framework Document be approved and recommended to full Council that it be adopted as County Council Policy.

976. SPORTLOT COMMUNITY INVESTMENT PROGRAMME - ROUND 2

The Lead Cabinet Member for Culture Leisure and Tourism's report (previously circulated) was submitted seeking Cabinet approval to submit a bid for SPORTLOT Capital Grant to refurbish Rhyl Leisure Centre.

The Acting Head of Countryside and Leisure Services referred to the previous five projects submitted for SPORTLOT Grant which were unsuccessful. The current bid would be a modified version of the original top priority scheme to refurbish Rhyl Leisure Centre and to link this with supporting measures to enhance access particularly for two target groups; women and girls and the socially excluded. The estimated capital cost of the scheme would be £948K and the proposed funding arrangements would be for £728K to be provided by SPORTLOT with a £220K contribution from the Council's Capital Fund which could be spread over 2002-03 and 2003-04. He also referred to the extensive consultation exercise carried out within the community and all organisations were fully supportive of the project.

The Lead Cabinet Member for Finance referred to the Capital Plan submitted to Council on the 27th November, 2001 which included details of indicative Capital Resources and Payments in 2002-2003 and 2003-2004. The level of known resources for 2002-2003 was expected to be sufficient to meet existing capital commitments together with block allocations of a similar level to those approved by Council for 2001-2002. Councillor E.A. Owens also reported that a formal application had been submitted to the Capital Programme Group in order to comply with procedures agreed by Council at its meeting of the 15th May, 2001.

RESOLVED that the principle of a bid for SPORTLOT Community Investment Programme Funding for refurbishment and improvement of Rhyl Leisure Centre be approved.

977. EXCLUSION OF PRESS AND PUBLIC

RESOLVED that under Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 8 and 9 of Part 1 of Schedule 12A of the Local Government Act, 1972.

476 978. PURCHASE OF LAND : PLAS NEWYDD, LLANGOLLEN

The Lead Cabinet Member for Culture, Leisure and Tourism's confidential report (previously circulated) was submitted seeking approval to acquire land adjoining Plas Newydd, Llangollen. The acquisition of the land would enhance the heritage assets of the County and add to the attraction of Plas Newydd for future visitors. The Heritage Lottery Fund had allocated funding in their grant offer to the County which would finance 65% of the cost and sufficient Council financial resources to meet the remaining expenditure had been included in the 2001/2002 Capital Programme.

RESOLVED that the purchase of land at Plas Newydd, Llangollen be approved on terms to be agreed by the County Clerk and Valuation and Estates Manager as soon as permission to draw down Lottery Funding had been obtained.

979. CAPITAL PROGRAMME GROUP REPORT

(This item was considered as a matter of urgency, notice having been given by the Deputy Leader at the commencement of the meeting).

The Director of Resources presented the report of the Capital Programme Group following its meeting of the 3rd December, 2001.

The report detailed the bids considered and the recommendations thereon together with an updated table of applications, outcomes and estimated net capital payments.

The Capital Programme Group had recommended approval of the applications in respect of:-

(i) the refurbishment and remodelling of Rhyl Leisure Centre;

(ii) the refurbishment of the Visitor Centre at Loggerheads Country Park, and

(iii) improvement of facilities at the Pavilion Theatre Bar and the Servery - Community Bid Phase One.

The Corporate Director - Resources highlighted the possibility that the Authority's partial exemption status could be affected by the Rhyl Leisure Centre proposal due to the level of expenditure to be allocated against exempt income. It was difficult to predict the exact position at this time since it was also dependent on other actions that the Council may agree such as Housing Stock Transfer. The Lead Member for Finance agreed and emphasised that there were other steps that could be taken to minimise the risk.

Members considered the report and appendices and it was:-

RESOLVED that Cabinet recommend to Council acceptance of the applications for Capital Funding in respect of the Rhyl Leisure Centre; Loggerheads Country Park Visitor Centre and the Pavilion Theatre Bar and Servery.

The meeting concluded at 10.40 a.m.

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477 CHILDRENS AND RESIDENTIAL CARE HOMES PANEL

Minutes of the Childrens and Residential Care Homes Panel held in the Council Chamber, Town Hall, Ruthin, on Thursday, 6th December, 2001 at 10.00 a.m.

PRESENT

Councillors A.E. Fletcher-Williams (Chair), P. Dobb, K.N. Hawkins, J.R. Hughes, N.J. Hughes, M.M. Jones and K.P. Stevens.

ALSO PRESENT

Senior Inspection Officer, Social Services Solicitor and other officers including Administrative Assistant (C.I. Williams).

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillor P.M. Jones and A.J. Tobin.

980. MINUTES

The Minutes of the Childrens and Residential Care Homes Panel held on Thursday, 1st November, 2001 were submitted.

Matters arising:-

Present - Councillor P. Dobb be included as having attended the meeting.

RESOLVED that the Minutes be received.

981. URGENT ITEMS

In accordance with the requirements of Section 100B(4) of the Local Government Act, 1972, the Chair declared that he/she intended to include for discussion, the following matters requiring urgent attention:-

(a) BRANAS ISAF, LLANDRILLO, CORWEN.

982. EXCLUSION OF PRESS AND PUBLIC

RESOLVED that under Section 100A(4) of the Local Government Act 1972, the Press and Public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 7 of Part I of Schedule 12A of the Act.

983. REGISTRATION OF PRIVATE AND VOLUNTARY REGISTERED HOMES - REGISTERED HOMES ACT 1984

The Corporate Director Personal Services submitted reports (previously circulated) upon:-

(i) Norcot, 17 Palace Avenue, Rhyl - Application for approval of the removal of the name of Mr. Alan Turner as Person in Control from the Certificate of Registration.

RESOLVED that the application be approved and a revised Certificate of Registration issued.

(ii) Dyserth Care, The Old Manor, Waterfall Road, Dyserth - Application for approval for a variation of Registration to include two beds to be used for short stay residents.

RESOLVED that the application be approved and a revised Certificate of Registration issued.

478 (iii) Cartrefle, 22 Palace Avenue, Rhyl - Application for approval of the removal of the name of Mr Alan Turner as Person in Control from the Certificate of Registration.

RESOLVED that the application be approved and a revised Certificate of Registration issued.

(iv) Abbey Dingle Nursing Home, Abbey Road, Pentrefelin, Llangollen - Application for approval for dual Registration to accommodate additional (up to 18) residential clients in addition to nursing.

The officers requested that this application be deferred pending the finalisation of funding arrangements.

RESOLVED that this application be deferred.

984. CHILDMINDERS, NURSERIES AND PLAYGROUP APPLICATIONS AND CHANGE OF CONDITIONS

The Corporate Director Personal Services submitted reports (previously circulated) upon:-

(i) Mrs. Diane Cooper and Mr. Kevin Williams, 33 Hen Afon Road, Rhyl - Application for approval of joint Registration for a maximum of 6 children under the age of eight years of which, no more than 3 should be under the age of five years (numbers to include own children and grandchildren).

RESOLVED that the application be approved and a Certificate of Registration be issued with the following additional requirements:-

(a) that the registered person complies with the Denbighshire minimum standards for Childminding, as presented in the most recent `Childminding’ booklet, and

(b) that there should be a separate and fully enclosed space for dogs in the garden, where a dog/s is/are kept by the registered owner.

(ii) Mrs. Sian Baker, 81 Ffordd Pantycelyn, Prestatyn - Application for approval of Registration for a maximum of 6 children under the age of eight years of which, no more than 3 should be under the age of five years (numbers to include own children and grandchildren).

RESOLVED that the application be approved and a Certificate of Registration be issued with the following additional requirements:-

(a) that the registered person complies with the Denbighshire minimum standards for Childminding, as presented in the most recent `Childminding’ booklet, and

(b) that there should be a separate and fully enclosed space for dogs in the garden, where a dog/s is/are kept by the registered owner.

(iii) Mrs. Nicola Sian Jones, 45 Highlands Road, Rhuddlan - Application for approval of Registration for a maximum of 6 children under the age of eight years of which, no more than 3 should be under the age of five years (numbers to include own children and grandchildren).

RESOLVED that the application be approved and a Certificate of Registration be issued with the following additional requirements:-

(a) that the registered person complies with the Denbighshire minimum standards for Childminding, as presented in the most recent `Childminding’ booklet, and

(b) that there should be a separate and fully enclosed space for dogs in the garden, where a dog/s is/are kept by the registered owner.

479 (iv) Mrs. Virginia Dobbins and Mr Michael Dobbins, 61 Llandaff Road, Prestatyn - Application for approval of joint Registration for a maximum of 6 children under the age of eight years of which, no more than 3 should be under the age of five years (numbers to include own children and grandchildren).

RESOLVED that the application be approved and a Certificate of Registration be issued with the following additional requirements:-

(a) that the registered person complies with the Denbighshire minimum standards for Childminding, as presented in the most recent `Childminding’ booklet, and

(b) that there should be a separate and fully enclosed space for dogs in the garden, where a dog/s is/are kept by the registered owner.

(v) Mrs. Shirley Anne Evans and Mr Lee Evans, Bryn Rhug, Nant Clwyd, Ruthin - Application for approval of joint Registration for a maximum of 6 children under the age of eight years of which, no more than 3 should be under the age of five years (numbers to include own children and grandchildren).

The officers explained that the police clearance in respect of Mr Lee Evans had not yet been received. Members agreed that, subject to the receipt of a satisfactory police clearance, the application be approved and a revised Certificate of Registration issued.

RESOLVED that, subject to the receipt of a satisfactory police clearance, the application be approved and a Certificate of Registration be issued with the following additional requirements:-

(a) that the registered person complies with the Denbighshire minimum standards for Childminding, as presented in the most recent `Childminding’ booklet, and

(b) that there should be a separate and fully enclosed space for dogs in the garden, where a dog/s is/are kept by the registered owner.

(vi) Miss Zoe Wynne and Mrs Sarah Evans, Conifers, 20 Bron Castell, Denbigh - Application for approval of a variation of Registration to include the name of Mrs Jan Wynne on the Certificate of Registration.

RESOLVED that the application be approved and a revised Certificate of Registration be issued.

(vii) St. Asaph Day Nursery, Goleufan, 27 Chester Road, St Asaph - Application by Mrs Ms Kim GRISTY, Bumble Bee House, 28 Ronkswood Crescent, Worcester for approval to provide Full Day Care for a maximum of 31 children at the premises known as St Asaph Day Nursery, Goleufan, 27 Chester Road, St Asaph.

The officers informed Members that the completion of the sale had not yet been finalised and that the police clearance and confirmation of planning compliance had not yet been received.

The officers responded to a number of questions from Members and following a brief discussion, it was:-

RESOLVED that, subject to the completion of the sale and receipt of a satisfactory police clearance and planning compliance, the application be approved and a Certificate of Registration issued.

(viii) The Mill Day Nursery, Lon Parcwr, Ruthin - Application by Mrs Ffion Mai Rees Roberts for approval of a variation of Registration to increase the registration numbers from 49 to a maximum of 75 places (maximum numbers to be 63 children aged 0-5 and 12 children aged 5+).

480 RESOLVED that the application be approved and a revised Certificate of Registration issued.

(ix) Clwb Llawn y Llys, Ysgol y Llys, Princes Avenue, Prestatyn - Application by Ffriniau Neuadd y Llys, Ysgol y Llys for approval to care for a maximum of 24 children before and after school and during the school holidays.

Under 8’s officer Mrs M. Burton declared an interest in this item and explained that her child attended Ysgol y Llys.

RESOLVED that the application be approved and a Certificate of Registration issued. with the following additional requirements:-

(a) that the registered person complies with Denbighshire’s Minimum Standards for sessional day care , as presented within the most recent `Full Day Care’ booklet, and

(b) that the children attending are in full time education.

(x) Happy Days Out of School Club, 85 Dyserth Road, Rhyl - Application by Mrs Alison Allen for approval to provide Full Day Care for a maximum of 19 children at the premises known as Happy Days Out of School Club, 85 Dyserth Road, Rhyl.

Councillor A.E. Fletcher-Williams declared an interest in this item and took no part in the discussion or voting.

RESOLVED that the application be approved and a revised Certificate of Registration issued.

(x) Ysgol Y Faenol Sessional Care, Mobile Scheme, St John’s Drive, Bodelwyddan - Application by Ms Sian Davies, Life Long Learning, Denbighshire County Council, Russell House, Rhyl for approval to run a sessional care services for a maximum of 40 children (under the age of 8 years) at the premises known as Ysgol Y Faenol, St John’s Drive, Bodelwyddan. A staff/child ratio of 1:8 should be maintained for those children under the age of 8 years and of full time school age.

RESOLVED that the application be approved and a revised Certificate of Registration issued.

985. URGENT ITEM

(i) Branas Isaf Personal Development Centre Ltd, Branas Isaf, Llandrillo, Corwen - Application for approval for to vary Registration for an increase in the number of young people for whom care and accommodation is provided from three to five.

The officers referred to the application considered at the previous meeting of the Panel and explained that a response had not yet been received in respect of the Building Control.

Members considered the application in detail and following a brief discussion, it was:-

RESOLVED that, subject to receipt of a satisfactory report from Building Control, the application be approved and a Certificate of Registration issued detailing the conditions as outlined in the report.

Meeting ended at 11.05 a.m.

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481 RESOURCES POLICY REVIEW AND SCRUTINY COMMITTEE

Minutes of the meeting of the Resources Policy Review and Scrutiny Committee held in the Committee Room, Russell House, Rhyl on Tuesday, 11th December 2001 at 10.00a.m.

PRESENT

Councillors W.G. Thomas (Chair), S. Drew, K.N. Hawkins, N. Hugh-Jones (substitute for R.E. Jones), E.A. Owens (Observer), P.O. Williams and R.Ll. Williams.

ALSO PRESENT

Corporate Director - Personal Services (for item no.2) ,Financial Controller, Head of Housing Services, Housing Rents Team Manager, Revenues Manager, Collections Manager, Administration Services Manager and Administration Officer (W.J. Harness).

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillors R.E. Jones and G. Williams.

986. MINUTES

The Minutes of the meeting held on 13th November 2001 (previously circulated) were submitted.

Matters Arising:-

Item 1 - Minutes of meeting held on 18th October 2001 - Review of Cabinet Decision - North Wales Indoor Athletics Facility - In response to Councillor N. Hugh-Jones’ question, Members were assured that, whilst having expressed concern regarding parking and safety of pupils on site, the Headteacher of Rhyl High School had, nevertheless, supported the proposed development.

Having regard to consultation on such matters in the future, the Administration Services Manager agreed that valuable lessons could be learnt from the way in which the proposed bid for a North Wales Indoor Athletics Facility had been dealt with and that Members’ criticisms had been taken on board. He confirmed that all reports to Cabinet must now indicate the consultation process undertaken.

Members subsequently discussed the feeling generally being expressed by Scrutiny Committee members that they felt distanced from, and not a part of, the current decision making process. Councillor N. Hugh-Jones referred to the considerable amount of work dealt with by Cabinet who were meeting twice a month and the problems that currently existed for Scrutiny Committees, who were only meeting once a month, to consider the decisions made by Cabinet.

The Administration Services Manager reminded Members that delegated powers for operational issues had been given to Cabinet and that Scrutiny Committees’ role was not to recall for further scrutiny every item dealt with by Cabinet adding that the Scrutiny Committees had their own work programmes to deal with. The Chair commented that he considered it to be at a Scrutiny Committee’s discretion as to what they wished to be brought before them for consideration. The Chairman referred to the Authority’s administration as still being geared to the old style committee procedures and to the need for this to be modernised to take account of the new decision making process.

The Administration Services Manager reminded the Committee that the need for administrative support for Scrutiny Committees had been acknowledged and that a bid for funding had been included within next year’s budget.

The Lead Cabinet Member for Finance informed the Committee that funding for scrutiny support was not an issue and that it was now up to Scrutiny Committee Chairs to formulate and approve an appropriate job description.

482 During a discussion as to the way forward, the Administration Services Manager reminded Members that a basic job description for a senior Scrutiny Support Officer had already been submitted to Council for approval and that this job description should now be amended to take into consideration Scrutiny Committees’ comments. Members subsequently discussed the fact that they had already decided that rather than have one senior Scrutiny Support Officer, it would be more appropriate for two lower graded Researchers to be appointed, each one being responsible for two Scrutiny Committees. They also considered the type of persons required for these posts, their need for considerable knowledge of the Directorates they would be dealing with and the need for some form of protection to be written into the job descriptions of these employees as they would be undertaking deep research within Directorates on behalf of the Scrutiny Committees.

In conclusion, it was agreed that the Chair of the Resources Scrutiny Committee convene a meeting of all Scrutiny Committee Chairs to formulate and approve an appropriate job description for the appointment of two Researchers for the Authority’s Scrutiny Committees.

In response to Councillor P.O. Williams’ question concerning the granting of retrospective approval by Cabinet to the decision not to submit a bid for Sportlot grant, the Administration Services Manager advised Members that the decision taken by the officers had not been within their powers at that time, hence the request for retrospective approval.

Following consideration of the remainder of the Minutes, Councillor R.Ll. Williams proposed, duly seconded by Councillor K.N. Hawkins, that the Minutes be accepted as a true record.

RESOLVED that:-

(a) the Minutes of the Resources Policy Review and Scrutiny Committee held on 13th November 2001 be approved as a correct record; and

(b) the Chair of the Resources Scrutiny Committee convene a meeting of all Scrutiny Committee Chairs to formulate and approve an appropriate job description for the appointment of two Researchers for the Authority’s Scrutiny Committees.

987. BEST VALUE REVIEW OF HOUSING RENTS

The Head of Housing Services submitted a report (previously circulated) which updated Members on the action taken to improve the Service.

Mr. Quirk reminded Members that the Committee had received a report in July 2001 on the Best Value Inspection of the Housing Rents Service following which they had requested this update. Following a Cabinet report on restructuring of the Revenues Division, Mr. Quirk advised Members that the Housing Rents Section had been transferred to Housing Services Department on 1st October 2001. The staffing structure had been revised with ten staff now in post and office accommodation had moved to Fronfraith adjoining Russell House together with other parts of Housing Services.

Mr. Quirk went on to say that a second Best Value Review was now being undertaken in accordance with the Inspectors’ recommendations. He said that the Project Team, that had included a representative of the Resources Scrutiny Committee, had met three times and that the Project Plan which was being followed had been reported to Cabinet on 4th December 2001. An Action Plan would be prepared in January 2002 in preparation for a further inspection in March 2002. The Head of Housing Services added that the Audit Commission who undertook the inspections, had been consulted at every stage and had been very supportive of what the Authority was doing.

Statutory and Local Performance Indicators had been agreed and produced for the second quarter of the year and work was continuing to compare these with other organisations. A further report on this would be presented to the Committee.

The Head of Housing Services informed Members that all arrears cases over £1,000 had received a personal visit. Arrangements to pay had been made where possible or formal action taken with Notices of Seeking Possession and Court Hearings where necessary. To date there had been a total of 6 evictions for rent arrears since April 2001. Mr. Quirk added that there was still a backlog but the most serious cases were being dealt with first. 483 Action in relation to all cases over £25 (non-sheltered) in arrears had also been taken with letters and advice on payment methods and benefit support being sent out during the week commencing 26th November 2001. This had generated a large number of queries but had enabled accounts to be sorted. Proper rent statements were still being developed and would be distributed every six months.

Mr. Quirk concluded by saying that the total figure on current tenant arrears appeared to be declining towards target but must be monitored closely; former tenants’ arrears and Housing Benefit overpayments were also to be considered.

During consideration of the Head of Housing Services’ report Members took the opportunity to raise with him a number of matters, in particular -

(i) current tenants’ arrears outstanding;

(ii) outstanding balance on former tenants’ arrears;

(iii) the inability, under the Data Protection Act 1998, of the Housing Service to obtain information on former tenants from other Sections of the Authority;

(iv) the situation regarding a council tenant, having been evicted as a result of non payment of rent, being re-housed by the Council;

(v) the need for Denbighshire County Council to no longer tolerate the non payment of council rents and to become more proactive in seeking to recover rent;

(vi) Members welcomed the fact that rent statements would, in future, be sent out to tenants every six months. They also welcomed the fact that in addition to rent statements, those tenants in arrears would also receive visits and letters on a much more regular basis than that, and

(vii) the fact that none of the recently appointed staff spoke Welsh and the need to adhere to the requirements of the Authority’s Welsh Language Scheme that front line staff dealing with the public should have the ability to speak Welsh.

The Head of Housing Services said that following through the Action Plan for the Best Value Review was a slow process which needed to be monitored constantly. He suggested that he report further to the Committee in June 2002 when it was hoped he would be in possession of the next Best Value report. Mr. Quirk indicated that he was not expecting to receive a good report following the inspection in March 2002 as the Service was still the worst in Wales in terms of level of outstanding rents. He did hope, however, that following this inspection the Audit Commission would comment that they could see that the Service will improve as opposed to their very negative comment following the first inspection, that the Service would not improve. He added that there were a lot of issues of housing benefit overpayment to former tenants and to current tenants that needed addressing and that this would take some time.

The Lead Cabinet Member for Finance supported the Head of Housing Services in his comments. She added that now the Housing Rents Service had been established as a separate unit and was being ably led by a new Team Manager, through the preparation of an Action Plan and actions already taken, she was confident that there was now a very clear direction within the Service. Whilst she too would not regard the Service as good yet, Councillor Owens said that she felt happier with the state of the Service going into this second Best Value Inspection.

Councillor R.Ll. Williams acknowledged the assurances given by officers that action was being taken to deal with the rent arrears and to effect an improvement in the whole Service and whilst appreciating that it would take time for the new systems put in place to take effect, he did request that the Resources Scrutiny Committee receive progress reports on a regular basis. In response, the Head of Housing Services suggested he report back to Members in June 2002 when hopefully he would be in possession of the Best Value report on the Inspection taking place in March 2002.

484 The Chairman, whilst acknowledging that Councillor P.O. Williams was this Committee’s representative on the Housing Services Project Team, apologised that he had not asked Councillor Williams to report back to Members.

In conclusion Members agreed the importance of monitoring improvements within the Housing Rents Service on a regular basis in order to maintain momentum.

The Lead Cabinet Member for Finance reminded Members that whereas the Housing Service would normally come within the remit of the Personal Services Scrutiny Committee, in view of the financial issues involved, the monitoring of this matter fell clearly within the Resources Scrutiny Committee’s remit.

RESOLVED that:-

(a) the report by the Head of Housing Services be accepted; and

(b) a further progress report be prepared for the Committee’s consideration in June 2002 following the second inspection of the Service in March 2002.

At this point in the proceedings Members adjourned for a ten minute break, resuming at 11.25a.m.

988. SUNDRY DEBTORS NEW PROCEDURES FOR 2002/03, BUSINESS RATES AND COUNCIL TAX RECOVERY

The Financial Controller submitted a report (previously circulated) that updated Members on the progress being made to put in place, from April 2002, procedures that would improve the collection of debts and tighten up on invoicing procedures and ensure stronger financial controls for debtors.

The Financial Controller subsequently provided Members with a background to the matter and highlighted the main points within his report adding the importance of making regular reports to the Resources Scrutiny Committee on recovery.

Mr. Parry informed Members that preliminary discussions had already taken place with individual departments in relation to the proposed improvements to the sundry debtors system. He added that it had been proposed that as a part of the review of the current system, two ‘best performing’ Authorities be visited to compare procedures, ascertain best practice and incorporate any such valid practices into the new proposals. One Authority had been visited to date and much of their operation ‘mirrored’ Denbighshire’s operations. Mr. Parry said that the main differences were currently being proposed for inclusion in new Service Level Agreements and that these new proposals would be explained fully to all departments at a meeting in January prior to their introduction in April 2002.

Specifically referring to 2.4 in his report, the Financial Controller informed the Committee that departments were not comfortable with the practice proposed - “that at the time any debts were issued to Collection Agents, the invoice issuing department would have the outstanding value of their income reversed on the Ledger and the issuing department would manage their own debt collection with the Collection Agents”. He said that this proposal would probably be revised and be dealt with centrally.

Members subsequently considered the Financial Controller’s report and agreed that the extent of sundry debtors and the current process of debt recovery was a cause of concern. The Chair added that the practice adopted by some departments of leaving the issuing of invoices until year end and being credited for those amounts was no longer acceptable.

In response to Councillor N. Hugh-Jones, the Financial Controller said that whilst the cash flow in the Authority was good, the pressures resulting from the indebtedness and delayed bill and invoice production was having some effect on the financial health of Denbighshire. He added that the whole point of introducing new procedures in April 2002 was to tighten up the current practices to ensure that invoices were issued quicker and that the recovery procedure was implemented immediately where payment was not received within 30 days.

485 In response to Councillor P.O. Williams, the Financial Controller confirmed that the Authority was required under law to pay invoices within a 30 day period and that they were tested at intervals to ensure that they were complying with this obligation. Mr. Parry added that Denbighshire County Council were, in fact, one of the best payers of invoices in Wales.

In response to the Chair’s question as to whether most of the revised proposals had been accepted by departments, Mr. Parry informed the Committee that immediately after this meeting he had another meeting where the proposals would be reviewed and a draft SLA produced. The intention was that this draft SLA be shared with departments in a further meeting in January 2002.

Members subsequently considered the number of, cost and type of collection agents employed by Denbighshire County Council in their process of debt recovery. The Financial Controller confirmed that it would be a requirement of the Council that any collection agents employed would be required to provide a bilingual service.

Members also considered the age of the current outstanding debts, how much of these debts had been carried over from previous local authorities prior to Local Government Reorganisation in 1996 and the fact that there was a six year time scale within which a debt may be recovered.

The Lead Cabinet Member for Finance subsequently reminded Members that their support was sought to the proposed changes to current procedures to improve the collection of debts and tighten up on invoicing procedures. She added that, if supported, these changes would have an impact on the work of all other Scrutiny Committees in that the Directorates for which they were responsible, would have less money in their budgets next year as the Council would not be as tolerant with their debtor processes. Councillor Owens asked Members to consider seriously the decision they were being asked to make in relation to this change in Council strategy and suggested that if any of them had any doubts and felt the need to consult their political group colleagues, then the matter should be deferred to the next meeting.

The Chair informed Members that in meetings he had had with the Lead Cabinet Member for Finance, the Financial Controller and Collections Manager regarding this matter, he had indicated that he was quite prepared, as Chair of the Resources Scrutiny Committee, to invite any officers who were unwilling to conform with the proposed changes to attend the Committee and explain their reasons for not doing so to Members.

Councillor R.Ll. Williams expressed his support for the proposed changes and the need to support the Lead Cabinet Member for Finance in this matter.

The Financial Controller subsequently tabled Appendix 2 to his report which provided Members with an update on Council Tax arrears. Mr. Parry informed Members that in the current year collection was proceeding relatively well with the predicted year end collection rates estimated to be in the region of 95%, which would be average and would meet the targets set in Denbighshire’s Best Value Performance Plan. In addition, the arrears level would have improved with Council tax (CTAX) arrears predicted at about £3m and NNDR £1.8m.

In order to comprehensively deal with CTAX arrears, Mr. Parry said that over 10,000 reminders and approximately 6,000 summonses would have to be issued. For NNDR (once the problems of the conversion issues had been dealt with) there would be a need to issue approximately 1,500 reminders and 800 summonses. Current pressures meant that this level of recovery work could not be handled with current staff resources. To resolve once and for all the arrears problem (especially on CTAX), Mr. Parry explained that it would require an additional trained member of staff, (possibly Agency) together with two support staff at Scale 2 level for up to one year. This would enable the required number of reminders and summonses to be issued and effectively deal with customers on the telephone etc.

The Financial Controller advised Members that whilst needing to operate within budget, he was charged with the collection of these arrears. He added that the costs would be in the region of £80,000 for a full year and that these costs would be recouped by the issue of approximately 300 additional summonses per month over the period.

486 During the ensuing discussion, Councillor P.O. Williams proposed, duly seconded by Councillor R.Ll. Williams that the proposed action by the Financial Controller to appoint three additional temporary staff for a period of up to one year in order to deal with CTAX and NNDR arrears be supported.

The Financial Controller subsequently highlighted the main points within Appendix 1 to his report which summarised the current position regarding Council Tax, Business Rates and Sundry Debts.

RESOLVED that:-

(a) the Financial Controller’s report and the information contained therein be accepted;

(b) the proposed changes to current procedures to improve the collection of debts and tighten up on invoicing procedures be supported, and

(c) the proposed action by the Financial Controller to appoint three additional temporary staff for a period of up to one year in order to deal with CTAX and NNDR arrears be supported.

989. REVENUES UPDATE - BILLING AND BENEFITS

The Financial Controller submitted a report (previously circulated) that advised Members on the progress being made in the billing and benefits section within the Revenues Department.

Mr. Parry advised Members that the outstanding workload was down to 2700, it being 6600 this time last year and having been nearly 9000 at its highest. The department’s aim was to reduce this to 2000 by the end of this financial year. For Members’ information, Mr. Parry added that the current figure represented approximately 9 days processing.

The Revenues Manager subsequently informed Members that of the 58 recommendations made by the District Auditor’s Review of the Benefits System, 50 had been completed and the remaining 8 had future dates which were on target to meet. She went on to advise the Committee of a major change in their working practices in that all claims were logged on the system the day they were received and customers were written to immediately asking them to provide any information which was not submitted with the claim form. Mrs. Walley said that this change would speed up the processing of individual claims to improve the quality of service and the department’s performance indicators. She added that all 15 new recruits were fully trained and were competent with all aspects of their jobs, this being a major achievement as they had only been with the Authority for six months.

The Revenues Manager also informed Members that where tenants’ benefits were paid direct to the landlord by the Council, the Department were now informing the landlords when their tenants were leaving their properties. This was considered important for the landlords as in some cases in the past, they had not known that their tenants had moved on.

Members subsequently took the opportunity to raise various matters with both the Financial Controller and the Revenues Manager, in particular:-

(i) the effect on the collection of rents should the Council’s housing stock be transferred to a Trust in future;

(ii) the action the Department would take in the event of their having mistakenly made an overpayment of benefit to a council house tenant;

(iii) whether anything could be done regarding the inability, under the Data Protection Act 1998, of one Council department seeking information from another concerning a council tenant;

(iv) how many of the new staff spoke Welsh, and

(v) the accuracy of claims checked.

RESOLVED that the Financial Controller’s report be accepted.

487 990. INTERNAL AUDIT SERVICE PLAN - UPDATE

It was agreed that this item be deferred until the next meeting of the Resources Policy Review and Scrutiny Committee scheduled for 22nd January 2002.

The meeting concluded at 12.35p.m.

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488 LIFELONG LEARNING POLICY REVIEW AND SCRUTINY COMMITTEE

Minutes of the meeting of the Lifelong Learning Policy Review and Scrutiny Committee held in the Council Chamber, Russell House, Rhyl on Tuesday, 11th December, 2001 at 2.00 p.m.

PRESENT

T.M. Parry (Chair), P.A. Dobb, N. Hugh-Jones, M.M. Jones, F. Shaw and K.E. Wells (Lead Cabinet Member for Education and ICT) together with Co-opted Members Mrs. C. Ashton, Mrs. G. Greenland, S.J. Hannam, M. Rees, J. Saxon and A.R. West

ALSO PRESENT

Head of Strategy and Resources (Lifelong Learning), Head of Education Services, Financial Services Manager (Lifelong Learning), LMS Lead Officer, Adviser for the Arts and International Education, Secondary Education Officer, Primary Education Officer, Administration Services Manager and Administration Officer (K.E. Jones).

APOLOGIES FOR ABSENCE WERE RECEIVED FROM

Councillor K.P. Stevens together with Co-opted Members N. Roberts and P.R. Williams

991. WELCOME

The Chair introduced and welcomed to the meeting Mr. Meurug Rees, Headteacher of Ysgol Glan Clwyd who had replaced Mr. Eifion Roberts as the Committee’s Co-opted Member representing the Denbighshire Federation of Headteachers. The Chair paid tribute to Mr. Roberts’ former service on the Committee and his valuable contribution to debate and advised that a letter would be sent to Mr. Roberts on behalf of the Committee conveying those sentiments.

The Chair also extended a warm welcome to Councillor K.E. Wells who was in attendance at the meeting in his capacity as Lead Cabinet Member for Education and indicated that he would welcome his comments and contribution to debate.

The Administration Services Manager informed Members that Councillor K.P. Stevens had replaced Councillor W. Roberts on the membership of the Committee.

992. URGENT MATTERS

In accordance with the requirements of Section 100B(4) of the Local Government Act 1972, the Chair declared that he intended to include for discussion the following matter requiring urgent attention:-

Distribution of Cabinet Minutes

993. MINUTES

The Minutes of the meeting held on 13th November, 2001 (previously circulated) were submitted.

Page 2 - Item 5 - Upgrading Home Economic Facilities - Councillor N. Hugh-Jones felt that the minute should be amended to record the Committee’s dissatisfaction that the funding to upgrade the home economic facilities allocated to Rhyl High School had subsequently been reallocated elsewhere. He also requested that it be resolved that the position be rectified and funding be allocated to upgrade those facilities.

The Administration Services Manager advised that at the last meeting of the Committee the Corporate Director Lifelong Learning had updated Members on the latest position regarding the priority list for funding allocation (copies of which were made available to Members at that meeting) and the minute reflected the action taken by the Corporate Director. He further advised that the Scrutiny Committee was not a decision making body but may wish to formally record a recommendation within the minutes regarding future funding allocation. Members agreed that it be recommended that priority funding be allocated to Rhyl High School to upgrade the Home Economic Facilities.

489 Page 3 - Item 7 - Early Years Development Plan - In response to a Member’s question regarding the inconsistencies in the expected number of children requiring early years places the Head of Education Services confirmed that those inconsistencies had now been addressed and the amended figures would be circulated to all Members of the Committee.

RESOLVED that, subject to the above, the minutes of the meeting held on 13th November, 2001 be received and approved as a correct record.

994. STANDARDS IN SCHOOLS - KS2, KS3, SATS, GCSE AND A LEVEL RESULTS 2001

(This item was brought forward on the agenda with the consent of the Chair).

The Head of Education Services introduced Mr. Gwilym Luke Jones, the Council’s Primary Education Officer and Ms. Dilys Hughes, the Council’s Secondary Education Officer and advised that those officers would present the results of the external assessments within Denbighshire’s schools at Key Stages 2 - 4; GCSE and A level for 2001 and respond to Members questions thereon.

The Council’s Education Officers jointly submitted a report (previously circulated) updating Members on the progress made by Denbighshire pupils in the external assessments at KS2, KS3, KS4 and 16+ 2001; those measures in place to identify and monitor under performing schools and to assist them to raise standards; together with statistical information regarding those assessments including the County’s targets and performance indicators (attached to the report).

The Council’s Primary Education Officer proceeded to take Members through the Key Stage 2 results advising that Denbighshire’s schools had continued to improve year on year (1999 - 2001) and, as a County, were performing within the targets set for 2002. Reference was made to the individual attainment levels achieved by both boys and girls at each core subject and comparisons of those levels were made with the core subject indicators. Members were advised that raising the core subject indicator and standards across all subjects was a priority for schools and the Authority and it was important to improve the level of attainment for boys, particularly in English. The Education Officers were targeting those schools with poor standards of attainment.

The Council’s Secondary Education Officer took Members through the remaining Key Stage results and 16+ particularly referring to the following:-

- Denbighshire’s results at KS3 compared favourably with the National average with the exception of English which was currently being addressed, however Denbighshire was behind the National targets for 2002 at that Key Stage;

- the Core Subject Indicator showed that girls achieved higher than boys at GCSE level within Denbighshire as in the whole of Wales, and

- all schools achieved very successful results at A level in 2001.

A Member referred to the National targets which aimed to increase the percentage of pupils achievements by 3-4% each year and whilst he agreed with the rationale of continual improvements it was unrealistic to sustain that increase year on year as the result in a few years time would be aiming for over 100%. Members referred to the difficulty of year on year comparisons and acknowledged that there were many variables to take into account regarding individual pupil performance and the resultant achievements of those pupils.

The Head of Education Services advised that Denbighshire’s schools set targets for individual pupils and the Authority subsequently produced an aggregate of those targets to set Denbighshire’s Core Indicators to ensure progress could be measured and compared with the national statistics. In response to a Member’s question he further commented on the role of scrutiny in considering those measures undertaken by the Officers to identify and monitor schools and to assist them to raise standards.

Members referred to the difficulty of making comparisons between the level of achievements between boys and girls; each individual year of assessments; and pupil performance in different schools. 490 Similarly the number of pupils being entered for assessment within individual schools also differed considerably thereby distorting the percentage level of attainment for different schools.

Co-opted Member M. Rees referred to the availability of the results to the public and felt that the information should be widely published. He also enquired as to the number of bilingual pupils within Denbighshire’s schools and felt that the attainment of bilingualism should be acknowledged and celebrated. Co-opted Member A. West concurred with that view and referred to the correlation in improving results and the level of budget provision and felt that whilst Denbighshire’s schools were achieving credible results with the resources available to them an increase in funding would subsequently improve standards. With regard to the attainment of bilingualism within schools the Head of Education Services referred to the possibility of recording the achievements of pupils attaining two languages in addition to the statutory requirements.

During the ensuing discussion Members took the opportunity to raise specific questions with the officers regarding the results and it was:-

RESOLVED that:-

(a) the report be received and noted, and

(b) officers present a report to a future meeting of the Scrutiny Committee detailing the initiatives undertaken to help raise the standards in Denbighshire’s schools.

995. MUSIC SERVICE POLICY

(This item was brought forward on the agenda with the consent of the Chair).

The Council’s Adviser for the Arts and International Education submitted a report (previously circulated) updating Members on the current provision of support for the development of music in schools; the measures in place to co-ordinate and monitor music development; and sought Members consideration of the measures to address current difficulties.

The Council’s Adviser for the Arts and International Education took Members through the report and detailed the findings of a survey of music provision within Denbighshire’s schools carried out in September, 2000, particularly referring to the difficulties attributed to the under funding of instrumental music tuition within those schools. Members were advised of the measures being undertaken to address those difficulties and to improve music provision in schools including the formation of an Advisory Music Group; a new agreement with the William Mathias Schools Music Service at a lower cost to schools but a wider range of service provision; together with a number of new initiatives being set up in order to develop a countywide programme of music development.

Members took the opportunity to raise questions with the officers and during the ensuing debate the Chair referred to the current demands of the National Curriculum and the subsequent effects on music provision and Members discussed the varying degrees of music tuition within different schools; access of those schools to peripatetic music provision; and the lack of funding and resources available to schools in music provision. Members felt that all pupils should benefit equally from adequate music tuition.

In response to a Member’s question regarding funding the Council’s Adviser indicated that the current budget for music comprised of £90k devolved to schools and £20k of funding held centrally. He further advised that every other county in North Wales invested at least three times more in music provision than Denbighshire. However, he acknowledged that a comparison of the population base of those Authorities had not been undertaken to assess the individual expenditure per pupil in those other counties.

Members were concerned to note that devolved funding allocated to schools for music provision may be reallocated elsewhere by those schools depending upon other budgetary pressures and felt that should additional funding be granted for the music service it would be necessary to ensure that such funding would not be reallocated elsewhere by the schools concerned.

491 RESOLVED that:-

(a) the measures undertaken to develop music initiatives in schools and across the County be endorsed;

(b) the Advisory Music Groups attempts to improve music provision in schools be supported, and

(c) the move to increase the budget for instrumental music tuition to satisfy current needs and provide equality of opportunity with pupils receiving music in neighbouring Authorities be supported.

996. EUROPEAN/INTERNATIONAL AWARENESS IN SCHOOLS

The Council’s Adviser for the Arts and International Education submitted a report (previously circulated) updating Members on the kind of activities involved in European/International Awareness in Denbighshire’s schools; the measures in place to co-ordinate and monitor those activities; and sought Members support to develop and increase those activities.

Members were advised that a new initiative to promote European/International awareness in schools was launched in 1998 which had resulted in a wide range of activities within Denbighshire’s schools including the development of policies and action plans within schools; links with schools in other countries (ten of Denbighshire’s schools having links with Nepal); multicultural projects; anti-racism programmes and humanitarian aid initiatives. It was reported that Denbighshire was one of the leading Authorities in Wales in that area.

The Head of Education Services advised Members of the excellent work undertaken in the promotion of global awareness within schools and paid tribute to the Council’s Adviser for Arts and International Education in securing grant funding for such activities. Members were introduced to Mr. Roger Jones, Headteacher of Ysgol Gellifor and Ms. Dilys Ellis from Ysgol Cynwyd whose schools had links in Nepal and who had been invited to attend at the meeting to explain how their schools had benefited from that association.

Mr. Roger Jones, Headteacher of Ysgol Gellifor addressed the Committee and advised that the schools had links with a school in Nepal situated west of Kathmandu. He explained, in detail, the international links in practice and the influence of international awareness within Denbighshire’s schools and referred to a number of letters and drawings which had been exchanged between the schools; various fundraising projects inspired by the pupils to raise funds for the Nepal school; future visits to the school; and the implications for the curriculum in Denbighshire’s schools. He advised of his intention to involve Bryn hyfryd High School and Llysfasi College within the initiative to ensure pupils continue to progress in that area and emphasised the commitment of the pupils to the school in Nepal.

Mr. Jones and Ms. Ellis jointly apprised Members of a visit they had made to Nepal during April, 2001 and presented a series of slides showing the poor condition of the school and the lack of resource facilities for the pupils.

In conclusion the Council’s Adviser for Arts and International Education was pleased to report that the funds raised from Denbighshire’s schools had resulted in a new school building opening shortly in Nepal.

The Chair thanked the officers for the interesting and informative presentation and it was:-

RESOLVED that the report be received and noted.

997. BUDGET 2002/2003 - DIRECTORATE PRIORITIES IN EDUCATION

The Head of Strategy and Resources (Lifelong Learning) submitted a report (previously circulated) detailing the budget pressures and priorities for the ‘Schools Delegated Budget’ and the ‘Schools Funds Held Centrally’ for Members consideration.

492 She reminded Members that at their meeting held on 17th October, 2001 they had resolved to defer consideration of the Directorate’s Education Budget pressures pending confirmation of the SSA settlement. It was anticipated that confirmation of the SSA settlement would be forthcoming near the end of December, however, an indicative SSA settlement had been given which formed the basis of the budget priorities in Education as contained within the budget report and priority had been given to statutory requirements. There would be an average increase of 5.6% within the settlement across Wales, however, that figure was inclusive of teacher threshold payments and teachers pay.

In considering the budget priorities Co-opted Member A. West advised that the Teachers Superannuation Increase, Teachers Threshold Payments and Demography pressures would have a direct impact on the level of Education and staffing within the classroom. He also indicated that Demography was included as part of the SSA settlement. Co-opted Member M. Rees stated that the Authority had continually ignored the effects of Demography on Denbighshire’s schools, particularly in the secondary sector.

Councillor K. Wells advised that the schools delegated budget was increased by £500k last year, however, prior to that increase Denbighshire had not been in a financial position to address issues such as Demography. The Authority’s intention was to increase the expenditure per pupil and improve Denbighshire’s position in the national league table.

In response to a Member’s question regarding the health and safety issue attributed to class sizes the Administration Services Manager advised that the issue was considered at the Council’s Corporate Health, Safety and Welfare Panel and confirmed that the matter was currently being investigated.

Members took the opportunity to raise various questions with the officers regarding the budget priorities and it was:-

RESOLVED that further discussion and consideration of the Directorate’s Education Budget pressures be deferred to a Special Meeting of the Scrutiny Committee pending confirmation of the SSA settlement.

998. MANAGING SCHOOL BUDGETS: DRAFT INTERVENTION STRATEGY - BALANCES AND DEFICITS

The Head of Strategy and Resources (Lifelong Learning) submitted a report (previously circulated) seeking Members views on the Draft Intervention Strategy - Balances and Deficits (attached to the report).

Members were advised that schools have had control over their own budgets since 1990 but recent developments demanded new approaches and presented new challenges for Head and Governors budget management skills. An informal Strategy had been in operation since 1996 and the standard of budget management within Denbighshire’s schools had been extremely high, however, the District Audit’s Report in February 2001 identified the need to formulate a formal Strategy giving guidance and support to schools on the standards to be achieved in financial management. The Head of Strategy and Resources proceeded to take Members though the report, outlining the main principles of the Draft Strategy and reported that consultation with schools regarding the Draft Strategy had provoked a favourable response and the Corporate Director Resources had also endorsed the Strategy.

The Head of Strategy and Resources also took the opportunity to convey her appreciation to the Financial Services Manager (Lifelong Learning) and the LMS Lead Officer for the work they had undertaken in the preparation of the Draft Strategy.

In considering the merits of the Draft Strategy Members raised questions with the officers, particularly referring to the protocol for the capital programme and subsequently it was:-

RESOLVED that the Draft Intervention Strategy - Balances and Deficits and the next stages in the Strategy Process be endorsed.

493 999. DISTRIBUTION OF CABINET MINUTES

(This item was raised as an urgent item, notice having been given by the Chair at the commencement of the meeting).

Councillor M.M. Jones referred to the role of the Committee in scrutinising items considered by Cabinet and enquired as to whether the Committee’s Co-opted Members received the Cabinet minutes in addition to all other County Councillors.

The Administration Services Manager confirmed that Cabinet minutes were not circulated to Co-opted Members and advised of the decision making processes operating within Cabinet and the opportunity for Members to challenge those decisions. In response to a further question he detailed the procedures involved in the distribution of agendas and reports to all Councillors.

In considering the Committee’s scrutiny role Members felt that there would be little benefit in circulating Cabinet minutes to those Co-opted Members on the Committee.

At this juncture Councillor P.A. Dobb referred to a survey undertaken to assess the conditions of footpaths and rights of way and requested that the officers look into this matter and report back thereon.

The Chair then conveyed his best wishes for Christmas and the New Year to Members and Officers.

The meeting concluded at 4.40 p.m.

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494 PERSONAL SERVICES POLICY REVIEW AND SCRUTINY COMMITTEE

Minutes of the meeting of the Personal Services Policy Review and Scrutiny Committee held in the Stewart Jones Committee Room, Council Offices, Prestatyn on 17th December 2001 at 2.00 p.m.

PRESENT

Councillors J. Butterfield (Chair), J.R. Hughes, N.J. Hughes, P.M. Jones, R.J.R. Jones, J.A. Smith and A.J. Tobin.

ALSO IN ATTENDANCE

Head of Strategic Planning and Support Services, Head of Client Services, Acting Executive Assistant (Social Services), Administration Services Manager and Administration Officer (Mrs J.V. Pring).

1000. URGENT ITEM

In accordance with the requirements of Section 100B (4) of the Local Government Act, 1972, the Chair declared that she intended to include for discussion, the following items requiring urgent attention:-

1. Liaison Group meetings with Clwyd Alyn Housing Association

2. Home Care Service -Letter from Ann Jones AM

1001. MINUTES

The Minutes of the meeting held on 21st November 2001 (previously circulated) were submitted.

RESOLVED that the minutes of the meeting held on 21st November 2001 be received and approved as a correct record.

Matters Arising:-

Item 14 [Continuing Care Criteria]

The Head of Strategic Planning and Support Services advised Members that discussions with the Health Authority on the legal obligations for the payment of nursing care were continuing. The firm line taken by the Council had led to encouraging signs in respect of the Health Authority’s acknowledgement of responsibility.

In response to Members’ queries about criteria for other client groups, the Head of Client Services stated that revisions were currently being addressed.

1002. BUDGET 2002/03

The Head of Strategic Planning and Support Services circulated details relating to the Department’s budgetary position as at 30th November 2001, confirming that:-

Ø the current overspend was £40,419 Ø the budget profile included £185,333 of the extra allocation by Cabinet Ø the monthly overspend for all services had decreased by just over £5,000

The Administrative Services Manager reminded Members of the decision taken at the meeting in October in respect of new pressures for 2002/2003. As the SSA settlement was not known at the time, Members had resolved to defer assessment of these pressures until confirmation was received from the Assembly. In view of the Cabinet timetable, it would be necessary to agree the final figures early in the New Year. The Head of Strategic Planning and Support Services informed Members that the Corporate Director, Personal Services had met with the Lead Cabinet Member for Finance the previous week to discuss the impact of the settlement but he had not yet received any specific details. The officer also referred to recent information from the Assembly concerning the transfer of residential

495 care allowances to level the distribution of funds between the Local Authority and the private sector. It was anticipated that this would have an impact on the budget in 2002/03.

RESOLVED that:-

(a) the current year’s budgetary position be noted;

(b) further discussions be held in respect of the new pressures for 2002/03 and the transfer of residential care funds from the Assembly, and

(c) if necessary, these issues be considered at a special meeting of the Committee.

1003. EMERGENCY DUTY - CHILDREN AND ADULTS, LEVEL OF ACTIVITY

The Head of Client Services presented a report, previously circulated, on the pattern of activity in respect of the Emergency Duty Service.

The report referred to the Social Services Department’s statutory responsibility to respond to emergencies in respect of work which arose out of normal working hours and outlined the means of accessing the service via the CCTV centre in Rhyl.

Although the statistics gathered in respect of the levels of activity prior to 1996 were spasmodic and inefficient, the system now provided information on every single contact with the service, providing analyses by month, type of involvement and geographical location.

Details of the statistics for both Child Care and Adult Welfare were appended to the report.

Since April 2001, the use of a lap top computer with a specially designed data base had ensured more effective collection of data and would eventually be linked to Care.Com. A bid for Capital expenditure had been made to purchase additional laptops to facilitate efficiency of the system.

The report also referred to a thematic inspection undertaken earlier in the year by the Social Services Inspectorate for Wales (SSIW) and the subsequent issues which would need to be addressed when the report was published. However, the draft report commended Denbighshire for its ‘Objectives of the Service’ and its tracking of staff when on call-out. Work was on-going to finalise these procedures and job descriptions specific to EDS activities and responsibilities were being devised.

Recruitment of staff remained problematic with the service being delivered by a small team of dedicated staff. This had caused some Local Authorities to adopt a full time dedicated team for Out of Hours activity, a more expensive option but one which Denbighshire may have to consider in the future.

Members questioned the officers on issues relating to recruitment, workloads and costings. It was agreed that, although the existing Service was working well, it would be wise to consider all the available options, including joint working with neighbouring Authorities.

RESOLVED that :-

(a) the report be accepted;

(b) managers consider the options available for improving the present out of hours emergency service, and

(c) a further report be submitted to a future meeting of the Committee

1004. EXCLUSION OF PRESS AND PUBLIC

RESOLVED that under Section 100A(4) of the Local Government Act l972, the Press and Public be excluded from the meeting for the following items of business on the grounds that they involve the

496 likely disclosure of exempt information as defined in paragraph 4 of Part 1 of Schedule 12A of the Local Government Act l972.

1005. ALL SERVICE PERFORMANCE INDICATORS

The Head of Strategic Planning and Support Services presented a confidential report, previously circulated, which provided details of estimated Performance data and analysis of results. Attachments to the report compared the performance for Denbighshire against the Performance Indicators and also against other Authorities in Wales. The results were mixed and the report summarised the key problem areas and indicated the perceived causes associated with them. However the Head of Strategic Planning and Support Services indicated that the situation had improved in some areas since the information was collated and he anticipated that more realistic figures would be available in January 2002. He added that it was difficult to evaluate the information as some of it could not be assessed in isolation - comparison data was needed in order to provide a more meaningful picture.

Items 3.9 and 3.12 of the report were highlighted as being of particular concern and Members agreed that scrutiny of the Department’s performance in relation to these specific Indicators would require a more focused approach.

The Officer reminded Members that, although the Joint Review was not due to take place until Autumn 2002, the Inspectors would base their analysis on this year’s data. After further discussion it was

RESOLVED that the information contained in the report be examined further when relevant associated data was available and that the item be included on the agenda for the next meeting of the Committee.

At this juncture the meeting was adjourned for ten minutes to allow Members to partake of refreshments.

1006. LOCAL AUTHORITY HOME CARE - RESULTS OF SURVEY

The Head of Strategic Planning and Support Services presented a confidential report, previously circulated, on the results of a survey of clients who had transferred to the Independent Sector as part of an agreed programme of planned and limited externalisation of Home Care, following a Cabinet decision in August 2000. The Quality Assurance Officer, who had been involved in conducting the interviews, was also in attendance to respond to Members’ questions.

Key findings from the survey were highlighted in the report and whilst the results appeared quite favourable, the transfer was not entirely without difficulty.

The survey was considered particularly valuable in gathering other information about the performance of the Directorate, such as the number of people who did not know how to complain about services provided.

In response to Members’ concerns that four of the five people who thought that the service had worsened since the transfer were supported by the same agency, the Head of Strategic Planning and Support Services advised that the Service Manager for Assessment and Care Management North was currently seeking to improve the quality of the service provided.

Members agreed that it was important that those who had had their support transferred should not receive a diminished service.

During consideration of the recommendations detailed in the report, the Administrative Services Manager reminded Members that Cabinet had previously agreed the principles of limited externalisation of Home Care and had indicated that the survey should be undertaken before a decision was taken on further externalisation.

The Head of Strategic Planning and Support Services assured Members that the ability of the Independent Sector to take up the work would be confirmed before any further externalisation of the services takes place.

497 RESOLVED that the Committee recommends to Cabinet that a further programme of externalisation take place (11 staff, 167 hours/week) subject to :-

(a) consultation with clients;

(b) the capacity of the Independent Sector to take up the work, and

(c) key issues raised in the recent survey be resolved.

1007. LIAISON MEETINGS WITH CLWYD ALYN HOUSING ASSOCIATION

(This item was raised as an urgent item, notice having being given by the Chair at the commencement of the meeting).

The Chair expressed concern that liaison meetings between the Council and Clwyd Alyn Housing Association had ceased some time ago. As a result of a request to the Head of Housing, a meeting had been arranged for 19th December at 2.00 p.m. in Ruthin to meet with Clwyd Alyn to discuss issues relating to the FOYER scheme. It was hoped that subsequent regular meetings would be held to discuss general housing issues and concerns. Councillor J.R. Hughes also suggested that similar meetings should be held with Wales and West Housing Association. It was subsequently:-

RESOLVED that:-

(a) regular meetings between the Council and Clwyd Alyn Housing Association be supported and encouraged, and

(b) Wales and West Housing Association be invited to attend regular meetings with the Council to discuss housing issues within the County.

1008. HOME CARE SERVICE

(This item was raised as an urgent item, notice having being given by the Chair at the commencement of the meeting).

Members considered a letter addressed to all Elected Members from Ann Jones AM regarding the Council’s in-house Home Care Service. Copies of the subsequent response from the Lead Cabinet Member for Personal Services were circulated for information. After some discussion it was agreed that the contents of the correspondence would be noted and that Members would respond individually if they so wished.

The meeting ended at 3.50 p.m.

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498