Public Document Pack

Council

Thursday, 23 March 2017 at 7.00 pm, Council Chamber, Town Hall, Accrington

Membership

Councillor Tim O'Kane (Mayor) in the Chair, Councillors Judith Addison, Lisa Allen, Mohammad Ayub, Noordad Aziz, Jean Battle, Peter Britcliffe, Stephen Button, Clare Cleary, Loraine Cox, Paul Cox, Munsif Dad, Bernard Dawson, Tony Dobson, Stewart Eaves, Diane Fielding, Melissa Fisher, Glen Harrison, June Harrison, Stephanie Haworth, Eamonn Higgins, Terry Hurn, Abdul Khan, Julie Livesey, Gareth Molineux, Jenny Molineux, Ken Moss, Bernadette Parkinson, Miles Parkinson, Joyce Plummer, Kath Pratt, Malcolm Pritchard, Jeff Scales, Paddy Short and Paul Thompson

A G E N D A

1. Apologies for Absence

2. Declarations of Interest and Dispensations

3. Announcements

4. Confirmation of Minutes (Pages 5 - 14)

To confirm as a correct record the Minutes of the Council meeting held on 23rd February 2017.

Telephone Enquiries: Monica Bell, 4 Email: [email protected] Published on Wednesday, 15 March 2017 Page 1 of 3

5. Question Time (Pages 15 - 16)

To deal with any questions submitted under Council Procedure Rule2.2(vi).

6. Draft Pay Policy 2017-18 (Pages 17 - 26)

Report attached.

7. Secondary Consultation Period for the New Parliamentary Constituency Boundary for Hyndburn (Pages 27 - 44)

Report attached.

8. Revised Statement of Principles - Gambling Act 2005 (Pages 45 - 108)

Report attached.

9. Minutes of Cabinet (Pages 109 - 128)

To receive the Minutes of meetings of the Cabinet held on 4th January and 8th February 2017.

Rules of Debate

 The Leader will move he Minutes; the Deputy Leader will second.  Non-Executive Members will be invited to make comment or ask questions on the Minutes (5 minutes).  Cabinet Members will be invited to make comment and respond to any points raised (5 minutes).  The Leader will be given up to 15 minutes to respond and to answer any questions raised.

10. Minutes of Committees (Pages 129 - 180)

To receive the Minutes of Committees as set out below:-

Rules of Debate

 The Leader will introduce the Minute Book as a whole.  Any Member may raise any issue from the Minutes; the Chair of the relevant Committee may respond (5 minutes)  The Leader will close the debate (5 minutes)

Meeting Date

Standards Committee 30th November 2016

Audit Committee 12th December 2016

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Communities and Wellbeing Overview and 13th December 2016 Scrutiny

Planning Committee 14th December 2016

Resources Overview and Scrutiny Committee 15th December 2016

Judicial Committee (Private Hire and Hackney 19th December 2016 Carriage Licensing)

Judicial Committee (Private Hire and Hackney 24th January 2017 Carriage Licensing)

Standards Committee 30th January 2017

Planning Committee 1st February 2017

Communities and Wellbeing Overview and 3rd February 2017 Scrutiny Committee

Communities and Wellbeing Overview and 7th February 2017 Scrutiny Committee

Resources Overview and Scrutiny Committee 14th February 2017

Judicial Committee (Private Hire and Hackney 15th February 2017 Carriage Licensing)

Planning Committee 1st March 2017

11. Motion(s) Submitted on Notice (Pages 181 - 186)

To consider any motions for debate in accordance with Council Procedure Rule A9.

Chief Executive Scaitcliffe House, Ormerod Street, ACCRINGTON BB5 OPF

Wednesday, 15 March 2017

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This page is intentionally left blank Agenda Item 4.

COUNCIL

Thursday, 23rd February, 2017

Present: Councillor Tim O'Kane (Mayor), Councillors Judith Addison, Lisa Allen, Mohammad Ayub, Noordad Aziz, Jean Battle, Peter Britcliffe, Stephen Button, Clare Cleary, Loraine Cox, Paul Cox, Munsif Dad, Bernard Dawson, Tony Dobson, Stewart Eaves, Diane Fielding, Melissa Fisher, Glen Harrison, June Harrison, Stephanie Haworth, Eamonn Higgins, Terry Hurn, Abdul Khan, Julie Livesey, Gareth Molineux, Jenny Molineux, Ken Moss, Bernadette Parkinson, Miles Parkinson, Joyce Plummer, Kath Pratt, Malcolm Pritchard, Jeff Scales, Paddy Short and Paul Thompson

381 Apologies for Absence

There were no apologies for absence.

382 Declarations of Interest and Dispensations

It was noted that all Councillors had been granted a dispensation to speak and vote in relation to setting Council Tax or a precept under the Local Government and Finance Act 1992.

383 Announcements

(a) Boxing Event

The Mayor reported that the Mayoral Charity Boxing Night held on 18th February 2017 at Accrington Town Hall had been very successful and had raised over £4,000 for the Mayoral Charity Fund.

(b) Hyndburn Mayoral Charity Ball

The Mayor announced that his Mayoral Charity Ball was to be held on 18th March 2017 at Accrington Town Hall and that tickets cost £30 each.

384 Confirmation of Minutes

The Minutes of the meeting of Council held on 5th January 2017 were submitted for approval as a correct record.

Resolved - That the Minutes be approved as a correct record.

385 Nomination for the Title of Honorary Freeman

The Portfolio Holder for Resources (Councillor Gareth Molineux) submitted a report seeking approval for the conferment of the title of Honorary Freeman of the Borough of Hyndburn to Mr. Geoffrey Hanson. The title was the highest honour that the Council could award, the

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right being contained in Section 249(5) of the Local Government Act 1972. In accordance with the Council’s Constitution, the nomination had been considered in the first instance by the Leader’s Policy Development Board who had recommended that the nomination be supported. Mr. Hanson had been consulted and had agreed to accept the title. Resolved (1) That in accordance with Section 249(5) of the Local Government Act 1972, Mr. Geoffrey Hanson be conferred with the title of Honorary Freeman of the Borough and be presented with the award at the Mayor- making meeting of the Council on 13th May 2017; (2) That the Chief Executive, in consultation with the Portfolio Holder for Resources, be authorised to make the necessary arrangements.

386 Appointment of External Auditor from 2018/19

The Leader of the Council (Councillor Miles Parkinson) submitted a report seeking consideration of arrangements for appointing the External Auditor to the Council from 2018/19.

In January 2014, the Local Audit and Accountability Act received Royal Assent and Part 3 of that Act contained provisions for the appointment of local auditors. The Council, as a ‘relevant authority’ must appoint a local auditor to audit its accounts for a financial year not later than 31st December in the preceding financial year.

The Public Sector Audit Appointments had been specified by the Secretary of State as an appointing person under Regulation 3 of the Local Audit (Appointing Person) Regulations 2015 and had issued their formal invitation to opt in to the national scheme for auditor appointments. The deadline for any Council to formally accept that invitation was 9th March 2017 and regulations required the decision to accept the invitation and opt in to be made by Full Council. As at 10th February 2017, 288 local government organisations from a list of 496 listed local government organisations had already opted in to the Public Sector Audit Appointments model.

Resolved - That the Council opt in to the appointing person arrangements made by Public Sector Audit Appointments for the appointment of external auditors from 1st April 2018.

387 Medium Term Financial Strategy 2017/18 to 2019/20

The Portfolio Holder for Resources presented a report relating to the Medium Term Financial Strategy which set out income and spending projections for the Council for the next three years, 2017/18 to 2019/20. The report had been submitted to Cabinet and Resources Overview and Scrutiny Committee on 8th and 14th February 2017.

The objectives of the Strategy were:-

 To be the financial expression of the Corporate & Performance Plan, providing the resources to deliver the plan.

 To ensure that commitments did not exceed forecasted anticipated resources over the period and for each year.

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 To ensure that expenditure was increasingly focused on those areas which the Council had determined as its priority areas.

 To ensure that the level of Council Tax was planned in line with what the Council and the community as a whole regarded as being acceptable, albeit within the context of guidelines from Central Government.

 To review the effectiveness of delivery of additional resources into priority areas, to ensure that the objectives set for those target areas were actually being achieved.

 To ensure that the Council was in a strong financial position as measured by size of balances and reserves (consistent with the Chief Financial Officer’s recommendations).

 To improve value for money assessments in all services by delivering increased efficiency savings.

The key elements of the Strategy were:-

 Forecasting Resources  Budget Monitoring and Forecasting Commitments  Corporate Strategic Direction and Priorities

Resolved - That the report and the accompanying Medium Term Financial Strategy be approved.

388 Performance Indicators and Treasury Management Strategy

The Portfolio Holder for Resources submitted a report setting out the Council’s policy and objectives with respect to treasury management, explaining how it would achieve its objectives and manage its activities, and seeking agreement to an investment strategy for 2017/18. Treasury Management was defined as:-

“The management of the Council’s investment and cash flows, its banking, money market and capital market transactions;

The effective control of the risks associated with those activities; and,

The pursuit of optimum performance consistent with those risks.”

The Council was required to operate a balanced budget which meant that cash raised during the years met cash expenditure. Part of treasury management was to ensure the cash flow was properly planned with cash available when needed. Surplus monies were invested in line with the Council’s low risk preferences.

The Prudential Code was a professional code that set out the framework for self-regulation of capital spending and financing which allowed councils to invest in capital projects without any limit as long as such investment was affordable, prudent and sustainable. The Code was produced by Cipfa and required the Council to agree and monitor a minimum number of prudential indicators (including limits and statements) which related to affordability, prudence, capital expenditure, external debt and treasury management.

The aspects addressed in the report were:-

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 Prudential Code and Prudential Indicators  Capital Expenditure and the Capital Financing Requirement  Minimum Revenue Provision  Affordability Prudential Indicators  Treasury Management Strategy 2017/18 to 2019/20  External Debt Overall Limits  External v Internal Borrowing  Limits on Activity  Debt Rescheduling  Investment Strategy  Treasury Management Practices  Policy on the Use of External Service Providers  Treasury Management Strategy In-Year and Year-End Reporting

Resolved (1) That the prudential indicators and limits detailed in the report be adopted;

(2) That the treasury management strategy, and associated indicators, as set out in section 8 of the report, be approved;

(3) That the investment strategy, as set out in section 13 of the report, be approved;

(4) That the Minimum Revenue Provision for year 2017/18, set out in Appendix 1 to the report, be approved;

(5) That the Treasury Management Policy Statement 2017/18, as set out in Appendix 2 to the report, be approved; and,

(6) That the Treasury Management Practices Statement 2017/18, as set out in Appendix 3 to the report, be approved.

389 General Revenue Budget, Council Tax Levels and Capital Programme 2017/18

Before the start of the debate, the Mayor sought consent to the order and format of the debate, a copy of which had been circulated at the meeting. The meeting gave its consent to the proposed arrangements.

The Leader of the Council presented the proposed revenue and capital budget and council tax levels for 2017/18. Proposals for the 2018/19 general revenue budget and capital programme had been put forward at Cabinet on 8th February 2017 and had been recommended to Council for approval. The Leader now put forward an updated report setting out the Council’s budget requirement for 2017/18, its Precept on the Collection Fund and the formal details surrounding the Precept of other bodies on the Collection Fund and seeking permission to continue to allow former Area Council budgets for Capital and Revenue to be retained by those groups or their successors and for additional payment or payments to be made to Lancashire Pension Authority if surplus funds existed.

The Chair of the Resources Overview and Scrutiny Committee (Councillor Abdul Khan) submitted a report of that Committee’s consideration of the budget proposals, to which the Leader responded.

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A motion was proposed by Councillor Miles Parkinson and seconded by Councillor Gareth Molineux:-

“That the recommendations for the General Fund Revenue and General Fund Capital Programme Budget and Council Tax Levels for 2017/18, now submitted by the Controlling Group of the Council, be approved.”

An amendment was then proposed by the Leader of the Conservative Group (Councillor Tony Dobson) and seconded by Councillor Peter Britcliffe, as follows:-

“That this Council supports the cancellation of the Town Square and the setting up of a Town Centre Improvement and Investment Board with a budget made up of 106 monies, High Street Innovation Fund and £250,000 from the Council budget earmarked for the Town Square.

Its terms of reference would be to open up the road to vehicles in front of the Market and Town Halls, to attract Inward Investment into Accrington Town Centre from Organisations such as the Lancashire Enterprise Partnership and would make recommendations to Cabinet on investments in Accrington Town Centre.

We recommend this to the whole Council, so that we can start to make improvements to Accrington Town Centre and halt the current rapid decline.”

A debate on the amendment then followed, after which it was put to the vote. In accordance with The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 a recorded vote was taken. The votes were recorded as follows:-

For the Motion:-

Councillors Judith Addison, Lisa Allen, Peter Britcliffe, Tony Dobson, Terry Hurn, Julie Livesey and Kath Pratt, (7).

Against the Motion:-

Councillors Mohammad Ayub, Noordad Aziz, Jean Battle, Stephen Button, Clare Cleary, Loraine Cox, Paul Cox, Munsif Dad, Bernard Dawson, Stewart Eaves, Diane Fielding, Melissa Fisher, Glen Harrison, June Harrison, Stephanie Haworth, Eamonn Higgins, Abdul Khan, Gareth Molineux, Jenny Molineux, Ken Moss, Bernadette Parkinson, Miles Parkinson, Joyce Plummer, Malcolm Pritchard, Jeff Scales, Paddy Short and Paul Thompson, (27).

Abstention:-

Councillor Tim O’Kane, (1).

The amendment was therefore declared lost.

A debate on the original motion then followed, after which it was put to the vote. In accordance with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 a recorded vote was taken. The votes were recorded as follows:-

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For the Motion:

Councillors Mohammad Ayub, Noordad Aziz, Jean Battle, Stephen Button, Clare Cleary, Loraine Cox, Paul Cox, Munsif Dad, Bernard Dawson, Stewart Eaves, Diane Fielding, Melissa Fisher, Glen Harrison, June Harrison, Stephanie Haworth, Eamonn Higgins, Abdul Khan, Gareth Molineux, Jenny Molineux, Ken Moss, Tim O’Kane, Bernadette Parkinson, Miles Parkinson, Joyce Plummer, Malcolm Pritchard, Jeff Scales, Paddy Short and Paul Thompson, (28).

Against the Motion:

None.

Abstentions:

Councillors Judith Addison, Lisa Allen, Peter Britcliffe, Tony Dobson, Terry Hurn, Julie Livesey and Kath Pratt, (7).

The original motion was therefore carried.

Resolved (1) That the Cabinet’s recommendations on the Revenue and Capital Budgets and Performance Indicator and Treasury Management Report for 2017/18 to 2019/20 made at the Cabinet meeting on 8th February 2017 be accepted and adopted;

(2) That Council Tax for Hyndburn Borough Council be increased by £5.00 to £235.52 for the year for a Band D property. That was equivalent to a 10p per week increase for a Band D property, but most people in Hyndburn would see an annual increase of £3.34 as they lived in Band A properties. The weekly increase there would be 7p;

(3) That the Council commits to continuing to strengthen its Reserves during the year and requires the Chief Executive and the Deputy Chief Executive to take appropriate action to protect the Council’s overall financial position and further strengthen its Reserves during the forthcoming year;

(4) That the Council delegates authority to the Chief Executive to take such action as he considers necessary to implement the measures contained in this budget;

(5) That it be noted that on 4th January 2017 the Council at its Cabinet calculated:

o the Council Tax Base 2017/18 for the whole Council area as 20,197 (Item T in the formula in Section 31B(3) of the Local Government Finance Act 1992, as amended (the “Act”)) and,

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o for dwellings in those parts of its area to which a Parish precept relates as 305;

(6) That Council agrees that the Council Tax requirement for the Council’s own purpose for 2017/18 (excluding Parish precepts) is £4,756,797;

(7) That Council agrees that the following amounts be calculated for the year 2017/18 in accordance with Sections 31 to 36 of the Act:

a) £51,092,309being being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2) of the Act taking into account all precepts issued to it by Parish Councils.

b) £46,323,230being being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(3) of the Act.

c) £4,769,079being being the amount by which the aggregate at 7(a) above exceeds the aggregate at 7(b) above, calculated by the Council in accordance with Section 31A(4) of the Act as its Council Tax requirement for the year (Item R in the formula in Section 31A(4) of the Act).

d) £236.13being being the amount at 7(c) above (Item R), all divided by Item T (5 above), calculated by the Council, in accordance with Section 31B(1) of the Act, as the basic amount of its Council Tax for the year (including Parish precepts).

e) £12,282being being the aggregate amount of all special items (Parish precepts) referred to in Section 34(1) of the Act (as per the attached Appendix B).

f) £235.52being being the amount at 7(d) above less the result given by dividing the amount at 7(e) above by Item T (5 above),

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calculated by the Council, in accordance with Section 34(2) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no Parish precept relates.

(8) That Council note that the County Council, the Lancashire Police & Crime Commissioner and the Fire Authority have issued precepts to the Council in accordance with Section 40 of the Local Government Finance Act 1992 for each category of dwellings in the Council’s area as indicated in the table below;

(9) That the Council, in accordance with Sections 30 and 36 of the Local Government Finance Act 1992, hereby sets the aggregate amounts shown in the table below as the amounts of Council Tax for 2017/18 for each part of its area and for each of the categories of dwellings;

2016/17 2017/18 Increase £ £ Hyndburn 230.52 235.52 2.17% Borough Council Lancashire 1,174.86 1,221.74 3.99% County Council Lancashire 162.22 165.45 1.99% Police & Crime Commissioner Lancashire Fire 65.50 65.50 0.00% & Rescue Authority Sub Total 1,633.10 1,688.21 3.37% Altham Parish 38.27 40.27 5.23% Council Total 1,671.37 1,728.48 3.42%

(10) That the Council note the basic amount of Council Tax for 2017/18 is not considered excessive in accordance with principles approved under Section 52 ZB Local Government Finance Act 1992;

(11) That the Deputy Chief Executive be given delegated authority to amend the budget (following consultation with the Leader of the Council) for technical reasons or to comply with legal requirements, such as the restructuring of cost centres, the re-apportionment and re-allocation of overheads etc., so long as these changes have an overall neutral impact on the budget;

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(12) That any continuing balances on Revenue or Capital previously earmarked for Area Councils continues to be set aside for use by these or their successor bodies;

(13) That the Chief Executive be given delegated authority to use the unallocated surplus generated in 2016/17 to fund any future shortfall in income or additional expenditure, to support “Invest to Save” projects that will help reduce the Council’s long term costs(including additional payments to the Pension Fund as outlined below), or support specific capital projects, or finance other commitments that he deems to be in the best long term interest of the Council or to transfer funds to Reserves as required;

(14) That the Chief Executive be given delegated authority following consultation with the Leader to make a payment to the Lancashire Pension Authority to help reduce the extent of the Council’s pension liabilities that have amassed from previous years (£38.5m as at the 31st March 2016); and

(15) That the Council renews its short term loan to Barnfield & Hyndburn Ltd of £150,000 if required to assist our joint venture, manage its short term loan position with its Bank, while it continues to develop its site at Mill Gardens Great Harwood pending the arrival of receipts from sales.

Signed:……………………………………………

Date: …………….…………………………………………

Chair of the meeting at which the minutes were confirmed

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REPORT TO: Council

DATE: 23 March 2017

REPORT AUTHOR: Monica Bell, Senior Member Services Officer

TITLE OF REPORT: Question Time

EXEMPT REPORT: No

KEY DECISION: No If yes, date of publication: n/a

Question to Council

The following question has been submitted under Council Procedure 2.2(vi):-

To the Deputy Leader - Environmental Services (Councillor Paul Cox):-

QUESTION:

“Can you please comment on what is being done to combat the amount of refuse that appears to be collecting on the roads and streets in the Church area?”

(submitted by Mr. Morgan Lewis of Church)

Procedural Note

 The question will be read out by the Mayor  The Deputy Leader will give an oral answer

Date: 15th March 2017

Page 15 This page is intentionally left blank Agenda Item 6.

REPORT TO: Council

DATE: 23 March 2017

PORTFOLIO: Cllr Gareth Molineux - Resources

REPORT AUTHOR: Kirsten Burnett, Head of HR

TITLE OF REPORT: Draft Pay Policy 2017/18

EXEMPT REPORT No Not applicable (Local Government Act 1972, Schedule 12A)

KEY DECISION: No If yes, date of publication:

1. Purpose of Report

1.1 To present a draft Pay Policy for 2017/18.

2. Recommendations

2.1 That the Council approves the proposed policy.

3. Reasons for Recommendations and Background

3.1 The Localism Act 2011 (Chapter 8 - Pay Accountability) requires all local authorities to set out its position on a range of issues relating to the remuneration of its employees. The Policy must be approved by the Council in open forum, by the end of March each year and then be published on its website.

3.2 The Pay Policy sets out the existing approach to the remuneration of all posts within the Council. In particular it specifies certain mandatory requirements that must be detailed within the Policy, as follows:

 The pay structure of the Council and how it is set.

 Senior Management Remuneration, providing details of the pay grade for posts defined as Chief Officer and the accompanying allowances.

 The recruitment arrangements for a Chief Officer.

 The relationship between the salaries of Chief Officers and other employees.

 Details of the lowest paid posts within the Council.

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 Employer’s Pension Contribution details.

 Termination of employment payments.

3.3 The Council already publishes pay and remuneration details of its senior managers on its Website.

3.4 The purpose of the Pay Policy is to ensure there is transparency as to how pay and remuneration is set by the Council, for all of its employees and particularly for its most senior level posts.

3.5 The draft policy for 2017/18 has no significant changes compared to the current policy.

3.6 The ratio of CEO pay compared to the median / lowest paid has reduced. The relationship between the salaries of the Chief Executive and the median salary and the lowest paid salary are:

Post Benchmark Salary 2016 Ratio 2017 Ratio Chief Executive median salary 1:6 1:5 Chief Executive lowest salary 1:8 1:7

This reduction is due to an increase in the lowest salary in line with the Living Wage and a small pay increase to all staff, with the exception of the CEO who has not had a pay increase in this period.

4. Alternative Options considered and Reasons for Rejection

4.1 N/a

5. Consultations

5.1 N/a

6. Implications

Financial implications (including The pay and remuneration detailed within the any future financial commitments Pay Policy are all within the approved budget for the Council) of the Council

Legal and human rights The Pay Policy has been prepared to ensure implications the Council complies with the requirements of the Localism Act 2011. Assessment of risk

Equality and diversity implications A CFA was completed before the policy was A Customer First Analysis should be written in 2012. There have been no completed in relation to policy significant changes which require this to be

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decisions and should be attached as repeated. an appendix to the report.

7. Local Government (Access to Information) Act 1985: List of Background Papers

7.1 Localism Act 2011 – Chapter 8: http://www.legislation.gov.uk/ukpga/2011/20/part/1/chapter/8/enacted

Supplementary Guidance: https://www.gov.uk/government/publications/openness-and- accountability-in-local-pay-supplementary-guidance

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Pay Policy - 2017/18

1. Purpose of the Policy

. To maintain a transparent approach to the setting of the pay of the Council’s employees.

. To comply with the requirements of the Localism Act, Section 38 – Pay Accountability.

1.1 The Policy will detail:

. The methods by which salaries of all employees are determined;

. The details of the remuneration of the Council’s most senior employees, i.e. Chief Officers; and

. The relationship between the salary of the Council’s Chief Officers and other employees.

2. Background

2.1 The Localism Act 2011 (Chapter 8 - Pay Accountability) requires every local authority to set out its position on a range of issues relating to the remuneration of its employees.

2.2 The policy will reflect, where appropriate, relevant aspects of existing Human Resources policies, such as the Council’s agreements on job evaluation and the redundancy policy.

2.3 The policy must be approved by a meeting of full Council in open forum, by the end of March each year, and then be published on its website.

3. Legislation relevant to Pay and Remuneration

3.1 In determining the pay and remuneration of its employees, the Council will comply with all relevant employment legislation. This includes the Equality Act 2010 and the Part Time Employment (Prevention of Less Favourable Treatment) Regulations 2000. The Council will take reasonable steps to ensure that there is no pay discrimination within its pay structures and that pay differentials can be quantified through the application of its Job Evaluation Scheme.

3.2 The Council operates the GLPC (Greater London Provincial Council) Scheme, including Chief Officers, for whom there is a specific version of this scheme. The posts of Chief Executive, Deputy Chief Executive and Corporate Director have been evaluated in consultation with North West Employers Organisation.

4. Pay Structure

4.1 The Council complies with the nationally negotiated spinal column points for all posts, with the exception being those senior level posts referred to within the policy. The salary grades that the Council applies for all other posts are at Appendix 1.

4.2 Salary increases are set nationally, through collective bargaining between the national employers and trade unions.

Page 1 of 6 Page 21 4.3 The pay and grading structure for the majority of posts was established at the time of the job evaluation exercise completed in 2007. Since 2007, all newly created posts and posts that have varied are subject to evaluation against the job evaluation scheme.

5. Definitions

5.1 The Localism Act refers to the position of Chief Officer and states that this refers to: the Head of Paid Service; Statutory Chief Officers; non-statutory Chief Officer posts and their direct reports (Deputy Chief Officers). It should be noted that this definition is very broad, and takes account of Metropolitan and County Councils as well as District Councils.

5.2 It is considered that the posts that the term Chief Officer applies to, at Hyndburn Borough Council, in relation to the Localism Act are the Chief Executive, the Deputy Chief Executive, who is also the Chief Finance and Section 151 Officer, and the Executive Director (Legal and Democratic Services), who is the Council’s Monitoring Officer.

5.3 Our annual Statement of Accounts also includes senior officers with a salary over £50,000, within the threshold for disclosure under the Accounts and Audit requirements.

5.4 Remuneration is defined as the pay and rewards an individual receives. Details are produced in the audited Statement of Accounts on an annual basis. The last Statement of Accounts shows the position at 31 March 2016 and is published on the Council’s website1.

6. Chief Executive / Corporate Director Remuneration

6.1 The appointment and terms relating to the appointment were last reviewed in 2008. This review involved obtaining guidance and advice from North West Employers Organisation.

6.2 There are two director level posts reporting to the Chief Executive, one of whom is the Deputy Chief Executive. The responsibilities of these senior officers are shown on the Council’s organisational structure charts, which are updated and published annually2.

6.3 Details of remuneration are contained in the annual Statement of Accounts.

6.4 Salary packages and severance payments over £100,000 will be brought to a meeting of full Council to be voted on. Components of severance packages, where applicable, may include salary paid in lieu, redundancy compensation, pension entitlements, holiday pay and any bonuses, fees or allowances paid.

6.5 The other terms and conditions of service relating to the post of Chief Executive are in accordance with the Joint Negotiating Committee for Chief Executives of Local Authorities.

1 http://www.hyndburnbc.gov.uk/site/scripts/download_info.php?downloadID=126&fileID=5129 2 http://www.hyndburnbc.gov.uk/site/scripts/download_info.php?downloadID=1606&fileID=5063 Page 2 of 6 Page 22 7. Recruitment of Chief Executive and Chief Officers

7.1 Under Section 112 of the Local Government Act 1972, the Council has the “power to appoint officers on such reasonable terms and conditions as the authority thinks fit”.

7.2 Where there is a requirement to recruit to the post of Chief Executive or Chief Officer, Section H of the Council’s Constitution will apply.

8. Salary upon Appointment

8.1 All new appointments to a post of Chief Executive or Chief Officer will be made within the minimum and maximum spinal column points of the grade.

9. Performance-related Pay

9.1 The Localism Act requires Councils to provide details of any performance-related pay for its Chief Officers. Hyndburn Borough Council does not have any such arrangements.

10. Relationship between Chief Executive Pay and other Employees

10.1 The relationship between the salaries of the Chief Executive and the median salary and the lowest paid salary are:

Post Benchmark Salary Ratio Chief Executive salary median salary 1:5 Chief Executive salary lowest salary 1:7

Median salary = £22,434 Lowest salary = £16,302

11. Lowest Paid Employees

11.1 The Council complies with the National Joint Council – Pay and Conditions of Service. The minimum salary the Council pays is in accordance with the Living Wage, which at present equates to £16,302 per annum (see Appendix 1). The positions that this salary applies to is Cleaners, Gallery Assistants, Duty Officers, Clerical Support Assistant and Courier.

11.2 Progression through the grade occurs through the payment of an additional annual increment on 1 April, each year.

11.3 Part-time posts are paid the same salary, but on a pro-rata basis.

12. Termination Payments

12.1 The Council’s Redundancy Policy applies equally to all permanent employees regardless of their grade. A redundancy payment will be paid to an employee when their post is made redundant and there are no suitable redeployment opportunities.

12.2 For all permanent employees where there is the option for early retirement, the Council’s Policy on Discretionary Compensation will apply where appropriate.

Page 3 of 6 Page 23 13. Employer Pension Contribution

13.1 The Council contributes to the Local Government Pension Scheme for all its employees equally 28% of an employee’s salary. This rate of contribution is set by Actuaries advising the Lancashire Pension Fund and is reviewed on a triennial basis.

14. Employee Pension Contribution

14.1 Employees in the Local Government Pension Scheme pay at present the annual contributions shown in the table below, based upon their salary.

Employee contribution rate Band Actual pensionable pay (%) 1 Up to £13,600 5.5 2 £13,601- £21,200 5.8 3 £21,201-£34,400 6.5 4 £34,401-£43,500 6.8 5 £43,501-£60,700 8.5 6 £60,701-£86,000 9.9 7 £86,001-£101,200 10.5 8 £101,201-£151,800 11.4 9 More than £151,800 12.5

15. Publication of the Policy

15.1 The Policy will be published on the Council’s Website, by April 2017, following its approval by the Council.

16. Review of Pay Policy

16.1 The Policy will be subject to annual review and must be approved by the Council prior to 31 March each year. If there is a need to amend the Policy between reviews, then any such amendments will be considered by the Cabinet, prior to approval by the Council.

Page 4 of 6 Page 24 Appendix 1: NJC Pay Scales: 1st April 2016 Salary SCP Salary Monthly Salary Hourly Rate Range 6 14514 1,209.50 7.52 Scale 1b 7 14615 1,217.92 7.58 (7 - 11) 8 14771 1,230.92 7.66 9 14975 1,247.92 7.76 10 15238 1,269.83 7.90 Scp 6-13 not used Scale 2 11 15507 1,292.25 8.04 as the council pays (11 -13) 12 15823 1,318.58 8.20 the living wage rate 13 16191 1,349.25 8.39 * Living 16,302.00 1,358.50 8.45 Wage Rate Scale 3a 14 16481 1,373.42 8.54 (14-15) 15 16772 1,397.67 8.69 Scale 3b 16 17169 1,430.75 8.90 17 17547 1,462.25 9.10 Scale 4 18 17891 1,490.92 9.27 19 18560 1,546.67 9.62 20 19238 1,603.17 9.97 21 19939 1,661.58 10.33 Scale 5 22 20456 1,704.67 10.60 23 21057 1,754.75 10.91 24 21745 1,812.08 11.27 25 22434 1,869.50 11.63 Scale 6 26 23166 1,930.50 12.01 27 23935 1,994.58 12.41 28 24717 2,059.75 12.81 Scale 7 29 25694 2,141.17 13.32 30 26556 2,213.00 13.76 31 27394 2,282.83 14.20 Scale 8 32 28203 2,350.25 14.62 (32 - 34) 33 29033 2,419.42 15.05 Scale 9 34 29854 2,487.83 15.47 (33 - 36) 35 30480 2,540.00 15.80 36 31288 2,607.33 16.22 Scale 10 37 32164 2,680.33 16.67 (36 – 39) 38 33106 2,758.83 17.16 39 34196 2,849.67 17.72 Scale 11 40 35093 2,924.42 18.19 (38 - 41) 41 36019 3,001.58 18.67 Scale 12 42 36937 3,078.08 19.15

Page 5 of 6 Page 25 43 37858 3,154.83 19.62

44 38789 3,232.42 20.11

45 39660 3,305.00 20.56 46 40619 3,384.92 21.05 Service 47 41551 3,462.58 21.54 Managers 1 48 42474 3,539.50 22.02 49 43387 3,615.58 22.49 50 44303 3,691.92 22.96 L ocally agreed

JNC PAY SCALES 1 April 2016 SCP Salary

Chief Officers (1) JNC16 52,073 JNC17 53,374 JNC18 54,686 JNC19 55,974 JNC20 57,278 Chief Officers (2) JNC21 47,800 JNC22 48,875 JNC23 50,074 JNC24 51,254 JNC25 52,453

Page 6 of 6 Page 26 Agenda Item 7.

REPORT TO: Council

DATE: 23 March 2017

PORTFOLIO: Cllr Miles Parkinson, Leader

REPORT AUTHOR: Corporate Policy & Research Officer

TITLE OF REPORT: Secondary consultation period for the new Parliamentary Constituency Boundary for Hyndburn

EXEMPT REPORT Options Not applicable (Local Government Act 1972, Schedule 12A)

KEY DECISION: Options If yes, date of publication:

1. Purpose of Report

1.1 To provide Council with an update on the Parliamentary Boundary Review, notifying members of the representations received during the 2016 Boundary Commission for England (the Commission) initial consultation concerning the Hyndburn constituency and obtain Council’s support for the Commission’s proposals but request that Hyndburn be retained in the name of the constituency.

2. Recommendations

2.1 That Council:

 Notes the contents of the report; and  Consider the recommendations received from Communities and Wellbeing Overview and Scrutiny Committee held on the 17th March ( 2017);  That Council accepts and endorses recommendations made by the Communities and Wellbeing Overview and Scrutiny Committee;  The Council supports the Commission’s proposals for a change to the Hyndburn Parliamentary constituency area (Appendix A) and requests that Hyndburn be retained in the name of the constituency.

3. Reasons for Recommendations and Background

3.1 On the 17th November 2016 Council received a report on the initial proposals set out by the Boundary Commission for England (the Commission) for a reduction in the number of MP constituencies, a boundary change to the Parliamentary areas and a name change for the Hyndburn constituency to Accrington County Constituency. The Commission’s proposals for the Hyndburn constituency included the loss of the Haslingden area to the Rossendale and Darwen constituency and the gain of Padiham Page 27 (Coal Clough with Deerplay ward, Gawthorpe ward and Hapton with Park ward) from the Burnley constituency.

3.2 At this meeting (17th November 2016) Council supported the Commission’s proposals for a change to the Hyndburn Parliamentary constituency area, but requested that Hyndburn be retained in the name of the constituency. The motion was put to the vote and carried. This was part of a Parliamentary Constituency Review set out by Parliament in 2011 to reduce the number constituencies by 50 and making more equal the number of electors in each constituency. For example, in England, existing constituencies currently range from 54,232 to 105,448 electors. The new proposals require every constituency to contain no fewer than 71,031 electors and no more than 78,507.

3.3 The Commission (an independent and impartial advisory public body) on behalf of Parliament published draft proposals for reducing the number of MP constituencies from 650 to 600. This included reducing the number of MPs across England down from 533 to 501, with a loss of 7 MP constituencies across the North West taking the number of MP’s down from 75 to 68. This will impact Lancashire by taking the number of constituencies down from 16 to 14.

3.4 Concerns have been raised in the past that a large proportion of the Country does not recognise the name ‘Hyndburn’ and are unable to geographically place the borough with any accuracy. Previously in the past it was thought that the name change from ‘Hyndburn’ to ‘Accrington’ could help raise the profile and attract more inward investment into the area and help the local economy. This point was raised at an extraordinary Council meeting back in 2007 about changing the name of the Borough, but the amendment was put to the vote and declared defeated. This point was raised again at Council on 17th November 2016 and it was agreed the Council would make the Commission aware that the Council does not support the change in name from ‘Hyndburn’ to ‘Accrington’ constituency.

Representations

3.5 The representations from the initial consultation have now been published by the Commission on the parliamentary boundary proposals. All the responses (including the records of the public hearings) from the initial 12-week consultation (13th September 2016 to 5th December 2016) have been published on the Commission’s website (https://www.bce2018.org.uk/) and can be viewed by constituency area.

3.6 Representations in relation to the Hyndburn constituency area have been listed in Appendix B. During the consultation there were 49 representations from within Hyndburn (39 unique individual responses). Out of the 39 Hyndburn individual responses, 34 supported the proposed new boundary, whilst 5 were either against the change or did not say. There were also 15 representations from the Padiham area that were against the new Hyndburn constituency boundary covering the wards of Coal Clough with Deerplay ward, Gawthorpe ward and Hapton with Park. There were also 4 representations from the Ribble Valley area who give alternative responses affecting the Hyndburn area.

Page 28 3.7 Ribble Valley Borough Council’s also made a representation and their preferred Parliamentary Constituency for the Ribble Valley would be to include the whole of Ribble Valley, together with parts of West Hyndburn (Baxenden, Church, Immanuel, Netherton, Overton, Rishton, St Andrew’s and St Oswald’s) that would bring the new constituency within the right tolerance level at 77,634 and they have suggested it should be known as Ribble Valley and Hyndburn West.

The Next Stage

3.8 A further statutory four-week period has now started (28th February to the 27th March 2017) where people can submit to the Commission written comments on those representations it received during the initial consultation period, for example challenging or supporting assertions made in a representation.

3.9 The next part of the process after the four-week secondary consultation period is for the Commission to consider all the written representations received and oral representations made at public hearings in the initial consultation period, and all the written representations made in the four-week secondary consultation period. They then write a joint report on each region for the Commissioners, summarising and considering the representations and recommending whether – and, if so, how – the initial proposals for that region should be revised in the light of those representations. The Commissioners then consider each report and determine whether and to what extent revisions should be made to their initial proposals.

3.10 The Commission then publishes a report for each region stating whether or not revisions have been made to the initial proposals for that region. Alongside these reports it publishes all the written representations received during the four-week secondary consultation period.

3.11 If the proposals are revised, then the Act provides for a further period of eight weeks for written representations to be made to the Commission on the revised proposals for that region. There are no public hearings at this stage; nor is there a repeat of the four- week period for commenting on the representations of others. Following the conclusion of all three consultation periods, the Commission will look at all the evidence received and make final recommendations to Parliament in September 2018.

Communities and Wellbeing Overview and Scrutiny Committee

3.12 A report was presented to Communities and Wellbeing Overview and Scrutiny Committee on the 17th March 2017. The report provided an update on the Parliamentary Boundary Review, notifying members of the representations received during the 2016 Boundary Commission for England (the Commission) initial consultation concerning the Hyndburn constituency and seeking their views on the representations. Council will be provided with an update from this meeting.

Page 29 4. Alternative Options considered and Reasons for Rejection

4.1 The Council is not compelled to respond to the consultation, however this is an opportunity for the Council to respond to the BCE written comments on those representations it received during the initial consultation period, for example challenging or supporting assertions made in a representation. ( https://www.bce2018.org.uk/ )

4.2 The Commission’s consultation on the draft recommendations for new electoral arrangements enables interested parties to tell them where they think the proposals are acceptable and also to propose alternatives where it is felt they don’t meet the Commission’s criteria (Improve electoral equality, reflecting community identity and providing effective and convenient local government). The Council may wish to submit to the Commission written comments on those representations it received during the initial consultation period, for example challenging or supporting assertions made in a representation.

5. Consultations

5.1 A report went to Full Council on the 17th November 2016 ‘Initial proposals for the new Parliamentary Constituency Boundary for Hyndburn’ and a letter was sent to the Commission indicating that the Council supports the Commission’s proposals for a change to the Hyndburn Parliamentary constituency area and requests that Hyndburn be retained in the name of the constituency. A report will also be going to Communities and Wellbeing Overview and Scrutiny Committee on the 17th March 2017.

5.2 The Commission’s initial consultation took place over a 12-week period (13th September 2016 to 5th December 2016) where people were allowed to comment on the Commissions initial proposals. This information has now been published on the Commissions website with 49 representations made in the Hyndburn Constituency (only 39 were individual responses). These comments have been included in Appendix B.

5.3 A further statutory four-week period has started (28th February to the 27th March 2017) where people can submit to the Commission written comments on those representations it received during the initial consultation period, for example challenging or supporting assertions made in a representation. ( https://www.bce2018.org.uk/ )

6. Implications

Financial implications (including None any future financial commitments for the Council)

Legal and human rights None Page 30 implications

Assessment of risk Not applicable

Equality and diversity implications Not applicable A Customer First Analysis should be completed in relation to policy decisions and should be attached as an appendix to the report.

7. Local Government (Access to Information) Act 1985: List of Background Papers

7.1 Copies of documents included in this list must be open to inspection and, in the case of reports to Cabinet, must be published on the website.

https://democracy.hyndburnbc.gov.uk/documents/s5403/Parliamentary%20review%20Council%20report.pdf

Page 31 Appendix A. The Boundary Commission for England – Initial Proposals for the Hyndburn Constituency Page 32 Page Appendix B Representations from the previous stages of the consultation (Hyndburn)

Comment First Name Surname Type of City/Town Comment ID (Order) respondent BCE-15398 Philip Ridings Member of Rossendale At last Rossendale is united again this makes much more sense and will/ should be well / BCE- the public accepted by all rossendaleians .it is about time the number of MPs were reduced ,there 15399 / should be even more . It is now so easy to keep in contact that so many are not needed BCE-15400 .it is a shame that some existing MPs are going to argue over loosing their seats but the whole of the country has had to make personal economies it's now their turn !! (same comment) BCE-17668 Paul Geary Member of Accrington Look fine to me. People don't like change no matter how you split the areas someone's the public not going to be happy BCE-18114 Vincent Booth Member of Accrington I consider that the proposal for the Accrington/Hyndburn area is a suitable one and that the public it is very similar to the current boundries used, thus most people identify with the area at the current time and will do so following the proposed changes. The M65 running through the centre of the area also provides good communication East to West and will lead to more economical management by public servants and Government representatives. BCE-18536 Dennis Boardman Member of BLACKBURN The Accrington Constituency proposal appears broadly in line with the current the public Hyndburn situation. I therefore fully agree with this as it will allow concentration on local issues in the main area covered. BCE-18566 Graham Jones Member of Accrington Dear sir/madam Parliament The Commission had great difficulty dividing up East Lancashire given the towns therein are smaller than the Act requires. Accrington is one of the most famous and identifiable towns in Great Britain (and internationally) and one with-; a) clearly recognisable community; b) is a continuos urban area; c) is a famous town which should be the base for a its own Member of Parliament. The Accrington Pals – One of the most famous regiments in the British Army due to the great loss they suffered on 1 July 1916. As a Pals regiment it united the whole town in grief and that sense of history is as powerful today, as well as well known.

Accrington Stanley Football Club – Outside the Premier League one of the most famous football English football clubs. A founder member of the football league and

Page 33 Page known worldwide. Accrington NORI bricks. The RedAc brick is world famous and is used across the globe. Known as the worlds toughest brick it was used to build the Empire State Building amongst others. THE CONSERVATIVE proposal not seeks to divide the historic town of Accrington, it proposes a US style redistricting picking voter patterns rather than the logical reasons; history, geography and community. THE CONSERVATIVE proposal also seeks to make the argument that two distinct and different towns (Nelson and Colne) should be united whilst one famous town, Accrington should be divided. This is not a consistent or reasonable argument. I know this is an arduous task and wish you well with it. I would suggest one change may prove more conducive to the people affected. That the Burnley ward of Coalclough with Deerplay which is not directly connected to the new Accrington seat by road remains in Burnley and a further ward in Padiham (Lowerhouse and Rosegrove) is added instead. These matters are not easy and break up communities but if the MP (for Accrington) is to have a footprint in Padiham then it would be best for; civic arrangements that Padiham is kept together and Burnley is kept together; for representation that representation is key to as few towns as possible. (1) Accrington and Padiham; (2) Burnley, Brierfield and Nelson; thirdly people in Coalclough with Deerplay (Burnley) have as much difficulty getting to Padiham as they do Accrington especially form the Rossendale constituency end of the ward. Boundary changes are dividing existing communities but I do think this swap would slightly improve the difficulties. BCE-18602 James Cheverton Member of Accrington It's a good move to give the area an identity back. People have heard of accrington the public because of accy Stanley, pals and bricks. No one has heard or no where hyndburn is. It's good for accrington and the surrounding townships to have its own mp as opposed to being split up. I am in favour of the proposed name and new boundary. BCE-18686 Megan McCann Member of Accrington I believe that the first round of boundry proposals accurately respect the historical the public significance of the Accrington seat. Accrington is a town with ancient roots, but that has elongated its legacy in modern times. It's a town with villages referenced Doomsday book, with its products shipped to create the Empire State Building, and it's townsfolk making the ultimate sacrifice in war. It is a place that is intrinsically tied together through its willingness to overcome adversity- symbolised by its famous football club Accrington Stanley. Although I appreciate the efforts to equalise constituencies, splitting Hyndburn (as put forward in the second proposals) would be detrimental to the areas history, pride and identity. I believe that other parts of East Lancashire are more suitable for these changes, due to their geo political make up. To split Hyndburn would be a huge disappointment to those who have worked so hard to create its unique identity, over the hundreds of years. BCE-19189 Noordad Aziz Local Great Harwood I support the seat that the Boundary Commission have placed me in. I am currently a Page 34 Page councillor resident of Hyndburn and live in Great Harwood from where I am a elected councillor for the Netherton ward. The name that is most prominent of the townships that make up Hyndburn is Accrington and I feel that this preserves the integrity, legacy and roots of the the area of Accrington and surrounding areas. The BCE preserves the area integrity that gives the NORI brick that was the foundations of the Empire State Building and points towards a shared industrial revolution history which is very important that it has one voice in parliament I support the Boundary Commissions review for Lancashire and the seat of Accrington. BCE-19216 Stephen Gormley Member of Hyndburn I am not a great believer in the reasons for the changes but based on the reasoning, to the public average out the number of people on the electoral list, to roughly the same number, I am of the opinion that the new Accrington constituency ( Hyndburn ) meets my satisfaction. The majority of Hyndburn has been retained which was my main concern. Hyndburn is made up of a number of smaller towns and if there had been fragmentation it would have affected the community spirit of the constituency. All in all then, what will be will be, and I will accept your decision on the new boundary changes to the old Hyndburn constituency.

BCE-19290 Jeffrey Scales Local Blackburn I agree with the Boundary Commission proposal of keeping the historic Accrington (& councillor Hyndburn) together. This proposal is more or less in line with our current Hyndburn borough council area and I believe the connection between the MP and the local authority in an important one, and something that the current proposal recognises BCE-19293 Patrick Short Local ACCRINGTON Fully agree with new boundry area for my local constituency. councillor BCE-19297 stephanie Haworth Local Great Harwood Accrington and Hyndburn should be one and the same. to BCE- councillor 19302 (same comment) BCE-19315 stephen button Local Accrington As an elected representative of the borough of Hyndburn I feel particular concerned at councillor this process which places a serious threat on the representation of the local electorate in Westminster. Currently the stirling work done by our MP as a true locally born and bred member of the community gives this close knit and well run borough a vital voice in parliament. Any such proposal to change that represents a threat to our community although the current tabled boundary changes do in this instance maintain the borough as a whole with only minor changes to the overall area map. I would therefore accept the district as proposed but would under no circumstances accept any alternative plans which involve splitting the borough as has been muted by

Page 35 Page neighbouring constituencies which benefit them at our detrimental expense. This borough, its council and those within it function well under the well run control of the current borough council and both residents and industry have a long history and cultural identity which is Accrington. Any attempt to split this and allow our voice in parliament to be lost will be a huge mistake. This is a borough with many sensitive needs, under privileged young and old and needs centralised representation as is currently in place. Issues in bordering constituencies are there problem but given the example of the Ribble Valley I wholly agree with the proposal to develop a rural North Lancs & Suburb,market town Clitheroe & Colne. This would be protectively beneficial to Hyndburn (Accrington) as currently the Ribble Valley creates an artificial bubble of perceived prosperity which deflects key investment into our neighbouring borough and this appears to benefit no one but property speculators at the most. This borough therefore needs to maintain its centrally represented focus. We in Accrington (Hyndburn) are hard working, decent minded people who deserve our own MP and a future which is secure in the knowledge that no one will take that voice away. I'm proud to be an elected member of the borough of Hyndburn and want this pride to shown in the passionate voice we have, currently being delivered excellently by Graham Jones MP.

BCE-19324 Abdul Khan Local Accrington I am commenting on the draft proposal of Accrington Constituency. councillor I fully support the above draft proposal for Accrington constituency in area of east Lancashire. I feel that the Accrington name has its history and heritage and the constituency name which includes Accrington will be more acceptable to the people living in Accrington and surrounding districts.

BCE-19355 Miles Parkinson Local Nr. Accrington I have looked at the draft proposals for Lancashire and overall make sense for councillor Lancashire and especially East Lancashire, highlighting my support for the retention of a Member of Parliament, Parliamentary Seat to represent the major conurbations of Accrington, Blackburn and Burnley without dividing into parliamentary seats which would not have the same strong identity, locational sense of belonging and the important issue of economic and commerce to project nationally and internationally identity by the Member of Parliament representing the proud history of these East Lancashire Towns which is important to attract inward investment from Parliament and abroad. I wish also to strongly identify and support the commissioners draft proposals for the parliamentary seat of Accrington CC. Due to the Parlianmentary Boundary review requirement, numbers of electorate,I understand how difficult this is especially just gone through it in local government terms with Lancashire County Council being a County Councillor for the current Division of Rishton and Clayton Le Moors which in Page 36 Page 2017 will become a 2 member division of Great Harwood, Rishton, Clayton Le Moors and the Parish of Altham all which currently reside in the Parliamentary Seat of Hyndburn and likewise Hyndburn Borough Council, I am pleased that the 6 current Lancashire County Council Divisions that will become 5 in the forthcoming election in 2017 in Hyndburn will remain in the New parliamentary seat of Accrington CC for being able to have a concise voice representing the conurbation of Accrington with a sole voice to represent the issues of the upper tier Local Government Authority at Parliament with the commissioner's draft proposals of the creation of the New Parliamentary Seat of Accrington CC which takes in all the current Lancashire County Council Divisions which currently reside within the conurbation of Accrington covered by the current Borough Council of Hyndburn. So I understand the requirement to meet the electorate requirement to forfil the correct numerical numbers for the Rossendale and Darwen Parliamentary Seat that it makes sense to move Haslingden which is currently in the Hyndburn Parliamentary Seat into the Rossendale and Darwen Seat where it does logically belong's being in both local government terms upper and lower tier allocations, Divisions and Wards, with Lancashire County Council Rossendale Divisions and Rossendale Borough Council Wards being coterminous which if can be achieved makes clear lines of representation and understanding for the electorate this is likewise done by having the conurbation of Accrington in 1 parliamentary seat outlined in the commissioners draft proposals which in local government terms is covered by the Borough Council of Hyndburn which I am a Councillor for the Ward of Altham and currently the Leader of the said Council. Clearly by taking the electorate of Haslingden out of the current parliamentary seat of Hyndburn and while creating a new parliamentary seat the Commissioners most look for a logicial number of electorate to make up the shortfall while bearing in mind the natural knock on effect across Lancashire as a whole so I support when clearly looking at the conurbation of Accrington and the history of the area and general linkage by roads and transport, Padiham becomes the obvious choice like Rishton which is currently in the Hyndburn Parliamentary Seat and on the western side and the only township not within the conurbation of Accrington like Oswaldtwistle, Church, Clayton Le Moors, Great Harwood, Huncoat, Baxenden. Padiham would sit naturally on the eastern side of the major conurbation with good direct transport links within the draft proposed parliamentary seat of Accrington CC being the M65 junctions which are shared within the proposed Accrington CC seat and the A680 which goes east to west and through the major conurbation linking also Padiham and Rishton on its extremes which in Parliamentary Seats terms are close by within this dense conurbation of typicical two up two down terraced properties and natural history linking these mill towns together with also the proud history of coal and that's why it's important that the commissioners have a draft proposal that towns which have similar economic issues and ties have a member of parliament who can address them not with areas which Page 37 Page enconomically or socially have no ties or natural linkage. Currently the Parliamentary Seat is called Hyndburn named after a river which is mostly culverted which flows through most of the conurbation of Accrington when Local Government reorganisation happen in 1974, now there are numerous companies now adopted Hyndburn in some form regarding company names should the Commissioners not be minded to keep the name Hyndburn in some form regarding the draft proposal such as the Parliamentary Seat be called Hyndburn and Padiham, but likewise the name Hyndburn is local in some way and is a issue nationally and internationally when raised regarding location while Accrington is instantly known due to Accrington Stanley and the Accrington Pals which for a Member of Parliament is important when highlighting the achievements of the area past and present and encouraging inward investment from around the world. Should the final recommendation be not to have the name Hyndburn in the name of the parliamentary seat then it maybe a matter for the Borough Council to look again at its name to make sure in a modern world location is key to identity and if not known can economically hold a area back from gaining investment. Can I finally state I strongly support your draft proposals for across Lancashire creating the required Parliamentary seats and how the commissioners have diligently done your work especially regarding how the natural fit of the major conurbations in East Lancashire and the proposed Parliamentary Seat of Accrington CC where I have my entitlement to vote and represent on both tiers of Local Government Lancashire County Council and Hyndburn Borough Council. I hope you have enjoyed your visit to Red Rose County and if have been to the Borough of Hyndburn have knowledge that Hargreaves made the spinning Jenny in Oswaldtwistle, started the industrial revolution, Mercer from Clayton Le Moors invented mercerised cotton the list goes on or if you looked at Blackpool Tower the bricks are Accrington Nori the same in the foundations of the Empire Stare Building or know the largest collection of Tiffany Glass is not in New York but in the Haworth Art Gallery, Accrington the Town he came from also in the anniversary period 100 years since the First World War the Accrington Pals who allow us the freedom and democratic way of life we enjoy to day and hope you can cheer on Accrington Stanley from the proud towns that make up the conurbation of Accrington who have and still give so much to the world. BCE-19366 Munsif Dad Local Accrington I would like to comment on the boundary commission draft proposal for the Accrington councillor Constituency, currently known as Haslingden & Hyndburn. I have been living in the Accrington area for over 47 years. I currently serving as an elected district Councillor for Spring Hill ward for over 10 years and a Lancashire county Councillor for Accrington West ward for 3 years and six months. I am also a sitting Magistrate on the East Lancashire bench serving as lay person since 2003. I work in the voluntary sector serving the community of Accrington and surrounding areas in Page 38 Page voluntary capacity. I was privileged to have served as district Mayor in 2014/15. As serving Mayor I was invited to many civic event outside the Borough of Hyndburn, across Lancashire, Manchester, Birmingham and London and many other cities. One thing which I was surprised to learn was that not many of my Civic leaders and community reps and the general members of public was that they did not know where Hyndburn Constituency was. But, when I mentioned the town of Accrington then they associating it with Accrington Stanley football club, Accrington PALs and Accrington Nori brick etc. I speak from a considerable experience as someone who have lived in the area of Accrington for a long time and currently serving with wearing many hats as representative of the community living in the Accrington area. I spoke on the first draft proposal by the boundary commission public speaking event in Preston a few years ago. I am writing in support of the draft proposal for Lancashire as a whole but specifically on Accrington CC and surrounding constituencies. I fully support the Commission proposal of creating of Accrington CC as a constituency. The proposal is well balanced and has given the recondition of all major towns in the East Lancashire. With the proposed creation of 5 Constituencies of Blackburn, Accrington CC, Burnley and Nelson, Haslingden and Darwen and Clitheroe & Colne. I would like to thank the boundary commission for giving this opportunity to have my say on the above proposal.

BCE-19403 June Harrison Local Accrington I fully support the proposals. councillor BCE-19457 Glen Harrison Local Accrington I believe this boundary change proposal to be on balance the fairest way forward. I councillor support the changes as I believe it is the best way forward in representing the community. I support this proposal. BCE-19466 mohammad ayub Local accrington i am supporting boundary commission proposal acrrington CC councillor BCE-19567 Shahed Mahmood Member of Accrington I agree with the Initial proposals for new Parliamentary constituency boundaries in the the public North West for the Accrington area to keep its historic importance for the future generations. BCE-19617 Melissa Fisher Local ACCRINGTON As an elected member of Hyndburn Borough Council, I fully support keeping historic councillor Accrington and Hyndburn together. This is supported by other local Councillors and reflects the opinions of the residents of Hyndburn. BCE-20051 Loraine Cox Member of Accrington I support the proposed changes that turn the Hyndburn seat to a Accrington seat which the public now includes Padium. The good transport links and a good connection to the M65 link both Accrington and

Page 39 Page Padium together. As both towns are part of the M65 corridor it helps link employment sites together forming natural connection. Accrington has a long and distinguished history from 1885 to 1983 as a independent parliamentary seat. Part of this history of the Accrington Pals is world wide history. BCE-20388 Diane Fielding Local Accrington Regarding the Lancashire boundaries I agree with the new boundaries. I also agree that councillor Hyndburn be changed to Accrington. BCE-21076 Bernadette Parkinson Local Nr. Accrington I support the Draft proposals by the Boundary Commission relating to the creation of councillor the New Parliamentary Seat of Accrington CC. Being a Ward Councillor for the Ward of Netherton on the Borough Council of Hyndburn. I thank the Commissioners for acknowledging the linkage of towns within the current parliamentary seat of Hyndburn and especially those which are served by Hyndburn Council for representation have been all included within the same parliamentary seat as previously done, I acknowledge Haslingden which is not part of Hyndburn Council which I serve on but Rossendale Council so makes sense to include within the Rossendale Council served area sits naturally. Of course with the difficulty that the commissioners have to create parliamentary seats of equal electorate across the UK does cause difficulties but within Lancashire the commissioners have created sensible solutions to get to the required electorate numbers. With the area of Greater Accrington made up of a number of towns of similar issues, economic, social and historical it seems most sensible with the requirement of Haslingden to be moved into the Rossendale and Darwen seat to meet the required electorate figure that Padiham can be accommodated without the need to look at splitting areas from larger towns such as Blackburn or Burnley or extending well into the rural Ribble Valley where the issues for a MP would be totally different to the requirement of the Hyndburn area. To conclude I am very satisfied with the draft proposals for the creation of the New Parliamentary Seat of Accrington CC that the local government area served by Hyndburn Council which I sit on is not being split up to be served by several parliamentary seats which would only diminish the voice of a area with a significant population and with a proud identity within parliament to deal with the significant issues of the time and have strong representation solely for the Hyndburn Council area and Padiham which as all the similar issues to Hyndburn. BCE-21244 John Laycock Member of Colne The length of the cproposed change from one end to the other it's boundaries on the the public southern side are connected to 4 other constituencies and 10 in total, why not have a boundary as the M65 on the south side and the A59 to the west, or thereabouts. BCE-21584 Julie Wall Member of Brierfield I have read the details of the commissions proposal and whilst I understand the review I / BCE- the public noted that Pendle as an area was under the 5% of required electorate numbers and 21585 therefore I don't understand how you can remove part of the borough that have been (same there for many years and bring in bits of The Ribble valley to make up the numbers which you proposed to deplete to bolster Burnley - it all feels like robbing peter to pay Page 40 Page comment) Paul and will also have a detrimental impact on households in the areas of Pendle which will now become Burnley in that Pendle has a lower council tax than Burnley, so not only are you messing with boundaries you will be hitting our pockets too. Can I ask have you undertaken an equality assessment to show how you are meeting the public sector equality duty in relation to your proposals and if you have where can I find a copy of it. BCE-22288 Ken Moss Local Lancashire I approve of the proposals to rename the Hyndburn Parliamentary consitutency councillor 'Accrington'. The redrawn boundary will help to improve the local identity of the area. BCE-22853 Eamonn Higgins Member of Lancashire I welcome the proposals put forward by the boundary commission for Lancashire and the public particularly East Lancashire with one minor revision. I know the boundary commission have faced a difficult challenge in minimising disruption to communities given the conditions imposed by the Act. It is inevitable that some communities will have to be divided. The Commission have chosen to put Craven and Colne in East Lancashire into the Ribble Valley. Given the history of Craven and the area beyond Colne and it’s 40 year history to not only be detached from Pendle but also returned to Yorkshire (there is a sign that says “Welcome to Yorkshire― outside Colne) I share the Commissions view that with Lancashire, their geographic and demographic nature lend themselves to the Ribble Valley. Nelson on the other hand looks towards Brierfield and Burnley and has very different demographic and it is reasonable that Burnley and this part of Pendle make up a new constituency. The restrictive numbers permissible in the Act for constituency size make this exercise challenging. Padiham is a historic and proud town in its own right and whilst it is a town aligned with Burnley the commission have decided to face it towards Accrington rather than Burnley. This is one of the unfortunate consequences of this Act but I accept that this is the least disruptive. Accrington now has evolved into one large and continuous urban area including the smaller towns and it is clear that the greater Accrington area with an electorate of over 60,000 is a seat in its own right (surrounded by greenbelt/greenfield) and has a considerable weight of history too. Accrington Pals, Accrington Stanley, Accrington NORI. The addition of Padiham, whilst awkward is the best compromise given the restrictions of the Act. It allows Blackburn and Rossendale and Darwen to form the remaining two seats. For the people of Padiham I am sure this is a disappointment which brings me on to the one minor revision. The Ward of Coalclough with Deerplay is included in the new Accrington seat and this has considerable problems attached; - There is no direct road from the Accrington constituency to this ward. It passes through the new Burnley seat. - Coalclough with Deerplay is not in Padiham nor is it in Hyndburn It is in Burnley making the seat Accrington-Padiham-Burnley Page 41 Page - The people who live in Coalclough with Deerplay don;t consider themselves from Padiham - Getting from Coalclough with Deerplay to Padiham or Accrington is difficult for constituents. - Whilst Padiham has it’s own newspaper (Padiham Express), it is not read by people in Burnley - This increases the number of civic and media responsibilities to 3. Burnley, Pendle and Accrington. I would recommend to the Commission to keep Padiham as largely intact as possible and to avoid adding area of Burnley into the new Accrington seat. Swapping Lowerhouse and Rosegrove for Coalclough with Deerplay would be an obvious choice for constituents and to work within as few civic and social boundaries as possible.

BCE-23837 Gareth Molineux Local Accrington I support the commissions draft proposal for the new seat of Accrington cc in terms of councillor population, obvious demographic links and keeping the borough of Hyndburn intact. Although I must stress that this area is made up of very distinct townships that each as its own individual identity. i believe as this area is predominantly made up of the existing borough council of Hyndburn and the township of Padiham that the new seats name should reflect this and be "Hyndburn with Padiham" That way each teen is able to keep its identity depart from Accrington. BCE-23847 Sarah Mellors Member of Accrington I support the proposal for Hyndburn which retains Accrington and surroundings and the public seems to be consistent with current Local Government. Accrington has a distinct local identity very different from surrounding centres. BCE-23848 Andy Clegg Member of Accrington I feel the area proposed as Accrington is the best way forward. Splitting it up in any way the public doesn't make any sense. BCE-23851 David Holmes Member of Accrington We want our local area to be kept together. Hyndburn with Accrington covers a the public geographical area where there are close community ties. We would not support a boundary that breaks up Hyndburn. We suggest that the commission re-thinks their proposal. BCE-23904 Clare Cleary Local Hyndburn This is a sensible approach and I am happy to support it fully. / BCE- councillor 23905 (same response) BCE-23907 WINIFRED JACKSON Member of BLACKBURN The proposals look fair to me. As a former local councillor, I am much happier with this LESLEY the public proposal than the muddle that was proposed last time. Reasonable continuity and compatibility with the local wards that electors are used to has great merit. BCE-23989 Paul Taylforth Member of Accrington I agree with the Boundary Commissions proposals for creating the new seat of the public Accrington. Page 42 Page I think the current Conservative Government are trying to manipulate this and other areas purely for their own political gain & their moves should be resisted. BCE-24105 cathy tinston Member of lancs I disagree with the Hynburn changes, its just the tories carving up the country to give the public them more seats BCE-24413 James Cheverton Member of Accrington I approve of the changes. It the area it's identity back. People nationwide have heard of / BCE- the public accrington where as no one has heard of hyndburn. It's good for area not to be split up. 24414 Accrington and the surrounding towns and townships are linked. (same comment) BCE-26453 Warren Melia Member of Blackburn I understand the electoral-math behind the proposed boundary changes, not only to the public our-own-local "HYNDBURN Parliamentary Boundaries", but also to other surrounding boundaries. However, I (and I suspect, many others!) "strongly object" to the proposal to rename HYNDBURN to ACCRINGTON. Historically, since the 1970's, many/most of the "so-called" satellite-towns around Accrington, (which were, one by one, "ABSORBED" into the Local Hyndburn Borough Council, after it's crestion, following the Local Government Act of 1972 ) had/have residents who DO NOT IDENTIFY THEMSELVES AS "Accrington'ers" --- and with the proposed addition of 'former Padiham & Burnley Wards' in the mix, this is going to be EVEN MORE THE CASE ! "We" are "Harrod'ers", "Clayton'ers", "Rishton'ers", "Ossies", Etc ... NOT "Accrington'ers-ALL" (!) In my own home-town of RISHTON, prior to 1974, 'we' had our own Urban District Authority, with our own council-offices, tax raising powers and our own Rishton-Mayor ... all of which were lost (... to Accrington-Local-Council AKA "Hyndburn Borough Council") about 4-decades ago. There are still some "long memories" in my town. In SHORT - PLEASE LEAVE THE NEW PARLIAMENTARY BOUNDARY, STILL NAMED AS "HYNDBURN" ! BCE-30834 Miles Parkinson On behalf of a Accrington This representation is a hard copy letter that was posted to us. Please click the full link Local to see the letter as an attachment. Authority https://www.bce2018.org.uk/node/30834/view

Page 43 Page This page is intentionally left blank Communities and Wellbeing Overview and Scrutiny Committee – 17th March 2017

Recommendations for Council regarding the review of Parliamentary Constituency Boundaries

At its meeting on the 17th March 2017 Communities and Wellbeing Overview and Scrutiny Committee received a report from the Leader of the Council setting out representations received by the Boundary Commission for England (The Commission) in response to its review of Parliamentary Constituency Boundaries.

The committee looked at 3 areas:

 Representations in response to the proposed boundary for the Hyndburn Parliamentary Constituency as set out by the Commission;  Representations put forward in relation to the Commission’s proposed name of the Hyndburn Parliamentary Constituency; and  The representation put forward by Ribble Valley Borough Council which has significant implications for the Hyndburn Parliamentary Constituency proposals.

Representations in response to the proposed boundary

In considering the representations put forward about the proposed boundary for the Hyndburn Parliamentary Constituency the committee agreed that there were valid arguments for replacing the Coal Clough with Deerplay Ward with the Rosegrove with Lowerhouse Ward.

The Coal Clough with Deerplay ward has no natural community links or affinity with any parts of Hyndburn and it has poor transport links to Hyndburn. These factors are highly likely to have a perceived or actual impact on the quality and effectiveness of their parliamentary representation.

The Rosegrove with Lowerhouse Ward shares community links with the wards of Hapton with Park and Gawthorpe that already form part of the Commission’s proposals for the Hyndburn Parliamentary Constituency. The socio-economic profiles of each of these Padiham wards are not dissimilar to the Huncoat and Altham Wards and other Hyndburn wards. There are also excellent transport links through to Hyndburn.

The impact on elector numbers caused by replacing the Coal Clough with Deerplay Ward the Rosegrove with Lowerhouse Ward would also be beneficial. The impact for the proposed parliamentary constituencies of Hyndburn and Burnley would be to move the total number of electors toward the centre of the commission’s stated range. This would help in mitigating the impact of any population changes in each of the areas in future years.

Page 1 of 3 Page 45 For the above reasons the Committee recommend that Council supports the representations that propose that the Commission should replace the Coal Clough with Deerplay Ward with the Rosegrove with Lowerhouse Ward.

Representations put forward in relation to the Commission’s proposed name

The name proposed by the Commission for the parliamentary constituency is Accrington County Constituency. The majority of representations that support the Commission’s boundary proposals either support the proposed name or remain silent on it.

2 representations suggest referring to the proposed constituency as Hyndburn with Padiham or Hyndburn and Padiham.

The committee felt that whilst naming the constituency Accrington would resonate well with the people of Accrington it would not embrace the residents of the other townships within the constituency.

Whilst Accrington is better known nationally because of Accrington Stanley, the Accrington Pals and its contributions to textile manufacturing during the industrial revolution the committee felt Hyndburn as an area had developed a strong identity helped in part by the fact it is the current name of the parliamentary constituency. Businesses, schools and other organisations have adopted Hyndburn in their name. To change the parliamentary constituency name will be detrimental for the identity of the area and for organisations with Hyndburn in their name.

Following a Council resolution (17th November 2016) the Leader of the Council submitted a representation informing the Commission that the Council did not support the proposed constituency being called Accrington County Constituency and requested it be called Hyndburn County Constituency. The Committee agreed that this remained their preferred option.

The representation put forward by Ribble Valley Borough Council

Under the Commission’s initial proposals the Ribble Valley parliamentary constituency would disappear as a result of it being divided across 2 new parliamentary constituencies (Clitheroe and Colne CC and North Lancashire CC).

Ribble Valley Borough Council (RVBC) submitted a representation to the Commission proposing that a large part of the Hyndburn parliamentary constituency be merged with most of their existing parliamentary constituency. RVBC’s proposal is to take the wards of Netherton, Overton, Rishton, Church, St. Oswald’s, St. Andrew’s, Immanuel and Baxenden. They are proposing that the constituency be named Ribble Valley and Hyndburn West.

There are many stark differences between Hyndburn and Ribble Valley and the residents that live there and because of these differences Overview and Scrutiny Committee discussed the RVBC representation at length.

Page 2 of 3 Page 46 Ribble Valley is one of the least deprived areas as determined by the 2015 Indices of Deprivation in the country and it ranks higher than any other Lancashire district. Hyndburn is in the 10% most deprived areas in the country. For the indicators for health, employment, income, crime and living environment out of the eight Hyndburn wards considered part of the Ribble Valley Constituency proposal 2 are within the 10% most deprived and 6 out of the 8 within the 40% most deprived ward areas across the country. In contrast the Ribble Valley wards are within the least deprived areas across the country.

Mosaic is a research tool designed to help understand the demographics, lifestyles, preferences and behaviours of the UK adult population. Mosaic analysis describes the dominant group in Hyndburn as transient renters in comparison with country living description in the Ribble Valley.

Hyndburn has a localised labour market, with 51% having journeys to work of less than 5km (compared to 40% nationally). This may be related to some cultural attitudes, whereby residents with low wages, poor skills and low aspirations will only travel limited distances for employment opportunities. Strongest commuting flows are to and from Blackburn. The source of employee jobs in Ribble Valley is very heavily influenced by BAe. It has a much higher proportion of manufacturing jobs than the majority of authorities, mainly as a result of the aerospace industry. In contrast it has the lowest proportion of employment in the service sector in Lancashire. The structure of the local economy leads to Ribble Valley having a high density of jobs compared to its working age population.

Average earnings in Hyndburn are low when measured by both place of work and residence, whilst the personal incomes results reveal a very low median total income figure for Hyndburn. Average earnings in Ribble Valley in 2015, were the highest in Lancashire when measured by place of residence.

Figures for life expectancy at birth reveal that Hyndburn district had very low averages in comparison to the national figures. Figures for life expectancy at birth reveal that Ribble Valley had averages that were above the national figures.

Hyndburn is an authority in East Lancashire that covers 73 square kilometres, has 16 wards, and the number of people per km² is around three times the England and Wales average. Ribble Valley in geographic terms is the largest in Lancashire covering 583 square kilometres and has 24 wards. The rural nature of the area however means that the number of people per km² that is the lowest in the county and only a third of England and Wales average.

Overview and Scrutiny Committee are highly concerned that the stark differences that exist between the areas RVBC’s proposal suggests merging would result in weakened representation at national level for those Hyndburn residents that would come under the proposed constituency if it were to be adopted. The committee recommend that Council respond to the Commission and inform them that this Council does not support RVBC’s.

Page 3 of 3 Page 47 This page is intentionally left blank Agenda Item 8.

REPORT TO: Council

DATE: 23 March 2017

PORTFOLIO: Cllr Gareth Molineux - Resources

REPORT AUTHOR: Wendy Peck Licensing Manager

TITLE OF REPORT: Revised Statement of Principles – Gambling Act 2005

EXEMPT REPORT Options Not applicable (Local Government Act 1972, Schedule 12A)

KEY DECISION: Options If yes, date of publication:

1. Purpose of Report

1.1 To advise members of the responses received to the consultation in respect of the Council’s draft revised Gambling Act 2005 Statement of Principles and to propose a policy for approval, having regard to the responses received.

2. Recommendations

2.1 Members are asked to consider and agree the final draft of the revised Gambling Act 2005 Statement of Principles, attached at Appendix 1.

3. Reasons for Recommendations and Background

3.1 Section 349 of the Gambling Act 2005 requires that the Licensing Authority (the Council) prepare and publish a Statement of Principles (the Policy) every three years.

3.2 The existing Policy has been kept under review since coming into force in January 2013.

3.3 In producing the draft policy the Licensing Authority has had due regard to –

 The Gambling Act 2005 licensing objectives,  The Guidance to Licensing Authorities issued by the Gambling Commission (5th edition)  Responses from those consulted on the Gambling Policy.

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4. Alternative Options considered and Reasons for Rejection

4.1 The Gambling Act 2005 requires that the Licensing Authority must review and publish its policy every three years, consequently any decision not to review or publish the policy would be contrary to the Act.

5. Consultations

5.1 The draft proposals were advertised on the Council’s website, with the consultation period running for 12 weeks from 10th August 2016 to 10th October 2016. Letters were sent out to the gambling trade and a public notice and information about the policy and consultation was placed in all of Hyndburn’s public libraries. The consultees comprised:

 All members of Hyndburn Borough Council  Council chief officers and service heads  Gambling Commission  HM Revenue and Customs  Lancashire Constabulary  Lancashire Fire and Rescue Service Authority  Lancashire County Council – including Lancashire Area Child Protection Committee and Trading Standards Section  All neighbouring Councils  Accrington Magistrates Court  Blackburn Magistrates  Licensing Solicitors  The British Casino Association  Casino Operators Association of the UK  Company Secretary, Casino Operators Association of the UK  Business in Sport and Leisure  Racecourse Association Ltd  British Holiday & Home Parks Association  Community Trade Union  All Gambling and Licensing Premise Licence Holders  All Small Lottery Licence Holders  All voluntary groups in Hyndburn, including resident associations, HARV, disability organisations, community groups etc.,  The general public by way of the Councils website

5.2 Response to consultation

There was one representation received during the consultation period. A copy of the comments received in response to the consultation is set out in Appendix 3. After

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considering the response changes were made to the draft policy as set out at appendix 4 to this report.

6. Implications

Financial implications (including any future financial commitments None for the Council)

Legal and human rights The proposals are within the Council‟s implications licensing powers under the Gambling Act 2005.

A statement of principles must be reasonable and proportionate. However, the proposed statement of principles cannot fetter the Council’s discretion and each matter will be judged on its own merits, but having regard to the statement of principles. Any statement of principles introduced will, therefore, guide the Council, but cannot bind it in every case.

The Council is subject to the public sector equality duty introduced by the Equality Act 2010. When making a decision in respect of the recommendations in this report Cabinet must have regard to the need to:

 eliminate unlawful discrimination, harassment and victimisation; and

 advance equality of opportunity between those who share a relevant protected characteristic and those who don’t; and

 foster good relations between those who share a relevant protected characteristic and those who don’t.

For these purposes the relevant protected characteristics are: age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

To assist the Members in this regard a

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Customer First Analysis has been prepared in respect of the proposed new policy and is attached as Appendix 2 to this report. The members are advised to consider the Customer First Analysis and its obligations in respect of the public sector equality duty when making a decision in respect of the recommendations contained in this report.

The final decision as to the adoption of the proposed statement of principles is to be determined by the Council.

Assessment of risk Adoption of the draft statement of principles outlined in this report should not result in any adverse implications or risk for the Council

Equality and diversity implications Customer First Analysis attached. A Customer First Analysis should be completed in relation to policy decisions and should be attached as an appendix to the report.

7. Local Government (Access to Information) Act 1985: List of Background Papers

Hyndburn Borough Council draft Statement of Principles Gambling Commission Guidance to Licensing Authorities (5h edition September 2015) The Gambling Act 2005

8. Freedom of Information

8.1 The report does not contain exempt information under the Local Government Act 1972, Schedule 12A and all information can be disclosed under the Freedom of Information Act 2000.

APPENDICES

Appendix 1 Revised draft Policy Appendix 2 Customer First Analysis Appendix 3 Consultation comments and responses Appendix 4 Changes following consultation

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BOROUGH OF HYNDBURN HOME OF THE ACCRINGTON PALS

If you require this information in a different format, for example large print, audio or in different languages please let us know by calling 01254 380616

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Table of Contents

Item Page Foreword 3 Part A 1. The licensing objectives 4 2. Introduction 4 3. A Profile of Hyndburn 5 4. The Statement of Principles and Consultation 6 5. Declaration 7 6. Responsible Authorities 8 7. Interested parties 8 8. Exchange of information 10 9. Enforcement 11 10. Licensing authority functions 12 11. Safeguarding against CSE 13 Part B - Premises licences 12. General Principles 14 13. Adult Gaming Centres 23 14. (Licensed) Family Entertainment Centres 24 15. Casinos 24 16. Bingo 25 17. Betting premises 26 18.Tracks 27 19. Travelling fairs 29 20. Provisional Statements 31 21. Reviews 30 Part C - Permits / Temporary and Occasional Use 31 Notices 22. Unlicensed Family Entertainment Centre gaming 31 machine permits 23. (Alcohol) Licensed premises gaming machine permits 33 24. Prize Gaming Permits 34 25. Club Gaming and Club Machines Permits 35 26. Temporary Use Notices 36 27. Occasional Use Notices 37 Appendices Appendix A Consultees 38 Appendix B Responsible Authorities 40 Appendix C Summary of Delegation 42

All references to the Guidance refer to the Gambling Commission's Guidance to Licensing Authorities, 5th Edition, published September 2015.

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FOREWORD

To be inserted

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PART A

1. The Licensing Objectives

1.1 In exercising most of their functions under the Gambling Act 2005 (“the act “), licensing authorities must have regard to the licensing objectives as set out in section 1 of the Gambling Act. The licensing objectives are:

 Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime.

 Ensuring that gambling is conducted in a fair and open way.

 Protecting children and other vulnerable persons from being harmed or exploited by gambling.

1.2 It should be noted that the Gambling Commission has stated: “The requirement in relation to children is explicitly to protect them from being harmed or exploited by gambling”.

1.3 The licensing authority is aware that, as per Section 153 of the act, in making decisions about premises licences and temporary use notices it should aim to permit the use of premises for gambling in so far as it thinks it is:

 in accordance with any relevant code of practice issued by the Gambling Commission.  In accordance with any relevant guidance issued by the Gambling Commission.  reasonably consistent with the licensing objectives and  in accordance with the authority’s statement of licensing policy.

2. Introduction

2.1 All references to the Gambling Commission's Guidance for local authorities refer to the Guidance published in September 2015 available from www.gamblingcommission.gov.uk.

2.2 Hyndburn Borough Council is the Licensing Authority. We will regulate gambling with integrity in the public interest.

2.3 We are committed to avoid duplication with other legislation and regulatory regimes as far as possible, and will not replicate issues in this policy which are already legal requirements under other legislation such as health and safety and fire precautions.

2.4 This policy has been developed after having regard for the statutory guidance from the Gambling Commission and having given appropriate weight to the views of persons and organisations consulted.

2.5 The Council delegates all functions under the Act to the Licensing Committee, except those functions which by law must be dealt with by the Council as a whole, such as the approval of this policy statement.

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2.6 Section 349 of the Act requires the Licensing Authority to publish a statement of principles that we will apply in exercising our functions under the Act. This statement fulfils that statutory requirement.

2.7 The approved statement of principles will be applied during the 3 year period ‘at a date to be confirmed’ and during that time will be kept under review and revised when and if appropriate, during that 3 year period.

2.8 This document should be read in conjunction with the Act, Regulations made under the Act and Guidance issued by the Gambling Commission. This statement is designed to be a strategic gambling policy, not an operational guide to the Act.

2.9 Nothing in this policy will override the right of any person to make an application under the Act and have that application considered on its individual merits. Equally, nothing in this policy will undermine the right of any person to make representations on an application, or seek a review of a licence where there is a legal power to do so.

2.10 Previous legislation required that the grant of certain gambling permissions should take account of whether there was an unfulfilled demand for gambling facilities. We acknowledge that under this legislation, unmet demand is not a criterion for a Licensing Authority in considering an application.

2.11 We appreciate that gambling can be an emotive subject but acknowledge that in accordance with Gambling Commission Guidance for Local Authorities, “moral objections to gambling are not a valid reason to reject applications for premises licences “. except in respect of a Casino resolution in Section 13, and also that unmet demand is not a criterion for a Licensing Authority.

2.12 We will therefore consider any application in accordance with the Act, on its individual merits without regard to demand or moral objection to gambling in general.

3. A Profile of Hyndburn Borough Council

3.1 Hyndburn Council is situated in the County of Lancashire and is one of 14 Councils within the County.

3.2 Hyndburn has an estimated population of 80,734 (information from the census 2011)

3.3 The population profile is illustrated below;

Years of 0-14 15-64 65+ Age Percentage of 19.2% 64.9% 15.9% Population

3.4 The Borough in population number is the 4th smallest in Lancashire.

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3.5 The Borough by area covers 73 square kilometres and has 16 wards. The number of people per km² is around three times the England and Wales average. The Council area is mainly urban, illustrated on the map below.

3.6 Accrington forms the heart of the Borough, with Oswaldtwistle, Clayton Le Moors, Rishton, Great Harwood, Church, Baxenden, Altham and Huncoat being areas of residential and commercial importance, supporting the main town.

3.7 The Council is working hard with its partners and the community in order to regenerate Hyndburn’s social, economic and physical infrastructure.

4. The Statement of Principles and Consultation

4.1 Licensing authorities are required by the Gambling Act 2005 to publish a statement of the principles which they propose to apply when exercising their functions. This statement must be published at least every three years. The statement must also be reviewed from “time to time” and any amended parts re-consulted upon. The statement must be then re-published.

4.2 Hyndburn Council will consult widely upon this statement before finalising and publishing. A list of those persons consulted is illustrated at Appendix A

4.3 The Gambling Act requires that the following parties are consulted by licensing authorities:

 The Chief Officer of Police;

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 One or more persons who appear to the authority to represent the interests of persons carrying on gambling businesses in the authority’s area;

 One or more persons who appear to the authority to represent the interests of persons who are likely to be affected by the exercise of the authority’s functions under the Gambling Act 2005.

4.4 Consultation will take place between 10th August 2016 and 10th October 2016 and followed the Cabinet Office consultation principles guidance document published in January 2016, which is available at:

https://www.gov.uk/government/publications/consultation-principles-guidance

4.5 Any comments as regards to this policy statement can be sent by email or letter to the following contact:

Hyndburn Borough Council Licensing Authority Scaitcliffe House Ormerod Street Accrington Lancs BB5 0PF

[email protected]

4.6 Any responses or comments made with regard to this ‘Statement of Principles’ are available to the public.

4.7 The full list of comments made to be considered by the Council is available by request to:

Hyndburn Borough Council Licensing Authority Scaitcliffe House Ormerod Street Accrington Lancs BB5 0PF

4.8 This policy will be approved at a meeting of the Full Council on a date to be decided. The details of this meeting will be published on our website.

4.9 A copy of this statement is available on the Council’s website.

4.10 It should be noted that this statement of licensing principles will not override the right of any person to make an application, make representations about an application, or apply for a review of a licence, as each will be considered on its own merits and according to the statutory requirements of the Gambling Act 2005.

5. Declaration

5.1 In producing the final statement, this licensing authority declares that it will

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have regard to the licensing objectives of the Gambling Act 2005, the Guidance to Licensing Authorities issued by the Gambling Commission, and any responses from those consulted on this statement.

6. Responsible Authorities

6.1 The licensing authority is required by regulations to state the principles it will apply in exercising its powers under Section 157(h) of the Act to designate, in writing, a body which is competent to advise the authority about the protection of children from harm.

6.2 The principles are:

 the need for the body to be responsible for an area covering the whole of the licensing authority’s area; and  the need for the body to be answerable to democratically elected persons, rather than any particular vested interest group.

6.3 In accordance with the suggestion in the Gambling Commission’s Guidance to Licensing Authorities, this authority designates the Lancashire Safeguarding Children Board for this purpose.

6.4 The body has county wide responsibility, is democratically accountable.

6.5 The Responsible Authorities under the Gambling Act 2005 are:

 Hyndburn Borough Council Licensing Authority  The Gambling Commission;  The Chief Constable, Lancashire Constabulary  Lancashire Fire and Rescue Service Authority  Hyndburn Borough Council Planning and Transportation Section  Hyndburn Borough Council Environmental Health Section  Lancashire Area Child Protection Committee, Lancashire County Council Social Services Section  H.M. Revenue & Customs

subject to any other person being prescribed in Regulation by the Secretary of State. The contact addresses for these authorities are set out in Appendix B.

7. Interested Parties

7.1 “Interested parties” can make representations about licence applications, or apply for a review of an existing licence. These parties are defined in the Gambling Act 2005 as follows:

“For the purposes of this Part a person is an interested party in relation to an application for or in respect of a premises licence if, in the opinion of the licensing authority which issues the licence or to which the applications is made, the person-

a) lives sufficiently close to the premises to be likely to be affected by the authorised activities,

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b) has business interests that might be affected by the authorised activities, or

c) represents persons who satisfy paragraph (a) or (b)”

7.2 We will have regard to anything people say about their status to make representations as an interested party.

7.3 The licensing authority is required by regulations to state the principles it will apply in exercising its powers under the Gambling Act 2005 to determine whether a person is an interested party.

7.3 Each case will be decided upon its merits. This authority will adopt the principles of natural justice and decide each case on its merits. We will not apply a rigid rule to our decision making. We will have regard to the examples of considerations provided in the Gambling Commission’s Guidance to Licensing Authorities

7.4 The following gives further advice on how we can determine whether someone is an interested party.

People living close to the premises

7.5 When considering whether persons are interested parties in relation to any individual application we will consider issues such as:

 The size of the premises;  The nature of the premises;  The distance of the premises from the location of the person making the representation;  The potential impact of the premises (number of customers, routes likely to be taken by those visiting the establishment);  The type of complainant  The catchment area of the premises (i.e. how far people to travel to visit it)

7.6 Relevant factors will depend on the particular application. For example, we believe it is reasonable for us to consider that living sufficiently close to the premise so as to likely be affected could have a different meaning for (a) a private resident, (b) a residential school for children with truanting problems and (c) a residential hostel for vulnerable adults.

The nature and scope of business interests that could be affected.

7.7 It could be argued that any gambling business could be affected by another gambling business expanding into any part of Great Britain. But that is unlikely to be enough to satisfy the test of being „”a person with business interests that might be affected by the premises‟ under consideration. For example, an operator in a particular sector be it casino, bingo, betting etc, should not be able to lodge representations on every application put in by a rival operator anywhere in the country, simply because they are in competition within the same gambling sector. Specifically, we recognise that the “demand test‟ from previous gambling legislation does not apply under the Act.

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7.8 We must be satisfied that the relevant business is likely to be affected. Factors that are likely to be relevant include:

 The size of the premises  The catchment area of the premises, that is, how far people travel to visit the premises  Whether the person making the representation has business interests in that catchment area that might be affected.  The potential impact of the premises (number of customers, routes likely to be taken by those visiting the premises)

People representing those in the above categories

7.9 Interested parties can be people who are democratically elected, as persons representing individuals in the other categories, such as councillors and MP’s This would include county, parish and town councillors. Other representatives might include bodies such as trade associations and trade unions, and residents’ and tenants’ associations. A school head or governor might act to represent the interests of pupils or parents in their school and a community group might represent vulnerable people living near to the proposed premises.

Save for democratically elected persons, licensing authorities should satisfy themselves on a case by case basis that a person does represent interested parties, and request written evidence where necessary. A letter from the interested person(s) they are representing would be sufficient.

7.10 If individuals wish to approach councillors to ask them to represent their views then care should be taken that the councillors are not part of the Licensing Committee which will deal with the licence application. If there are any doubts then please contact the licensing department at:

Hyndburn Borough Council Licensing Authority Scaitcliffe House Ormerod Street Accrington Lancs BB5 0PF

[email protected]

8. Exchange of information

8.1 Licensing authorities are required to include in their statements the principles to be applied by the authority in exercising its functions under sections 29 and 30 of the Act with respect to the exchange of information between it and the Gambling Commission, and the functions under section 350 of the Act with respect to the exchange of information between it and the other persons listed in Schedule 6 to the Act.

8.2 The principle that this licensing authority applies is that it will act in accordance with the provisions of the Gambling Act 2005 in its exchange of

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information, which includes the provision that the Data Protection Act 1998 will not be contravened.

8.3 The licensing authority will also have regard to any Guidance issued by the Gambling Commission on this matter, as well as any relevant regulations issued by the Secretary of State under the powers provided in the Gambling Act 2005.

8.4 Should any protocols be established in respect of information exchange with other bodies, then they will be made available.

9. Enforcement

9.1 Licensing authorities are required by regulation under the Gambling Act 2005 to state the principles to be applied by the authority in exercising its functions under Part 15 of the Act with respect to the inspection of premises; and the powers under section 346 of the Act to institute criminal proceedings in respect of the offences specified.

9.2 Where appropriate, we will work with the Gambling Commission and other responsible authorities in our enforcement activity.

9.3 This licensing authority’s principles are that it will be guided by the Gambling Commission’s Guidance to Licensing Authorities and will endeavour to be:

 Proportionate: we will only intervene when necessary: remedies will be appropriate to the risk posed, and costs identified and minimised  Accountable: we will must be able to justify our decisions, and be subject to public scrutiny;  Consistent: our rules and standards will be joined up and implemented fairly;  Transparent: we will should be open, and keep regulations simple and user friendly; and  Targeted: regulation will be focused on the problem, and will seek to minimise side effects.

9.4 As per the Gambling Commission’s Guidance to Licensing Authorities, this licensing authority will endeavour to avoid duplication with other regulatory regimes so far as possible.

9.5 This licensing authority has adopted and implemented a risk-based inspection programme, based on;

 The licensing objectives  Relevant codes of practice  Part 36 of the guidance issued by the Gambling Commission  The principles set out in this statement of licensing policy

9.6 The main enforcement and compliance role for this licensing authority in terms of the Gambling Act 2005 is to ensure compliance with the premises licences and other permissions which it authorises.

9.7 The Gambling Commission is the enforcement body for the operating and

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personal licences. It is also worth noting that concerns about manufacture, supply or repair of gaming machines are not dealt with by the licensing authority and should be notified to the Gambling Commission.

9.8 This licensing authority also keeps itself informed of developments arising from the work of the Better Regulation Executive in its consideration of the regulatory functions of local authorities.

9.9 Bearing in mind the principle of transparency, this licensing authority’s enforcement/compliance protocols/written agreements are available upon written request to the Licensing Manager.

9.10 Any prosecution will only be commenced in accordance with the sufficiency of evidence and public interest criteria referred to in the Prosecution of Offences Act 1985.

9.11 The Licensing Authority will liaise with a qualified solicitor of the authority prior to the commencement of criminal proceedings to seek a second objective opinion prior to a prosecution being instigated by this authority.

10. Licensing Authority Functions

10.1 Licensing Authorities are required under the Act to :

 Be responsible for the licensing of premises where gambling activities are to take place by issuing Premises Licences  Issue Provisional Statements  Regulate members’ clubs and miners’ welfare institutes who wish to undertake certain gaming activities by issuing Club Gaming Permits and/or Club Machine Permits  Issue Club Machine Permits to Commercial Clubs  Grant permits for the use of certain lower stake gaming machines at unlicensed Family Entertainment Centres  Receive notifications from alcohol licensed premises (under the Licensing Act 2003) of the use of two or fewer gaming machines  Grant Licensed Premises Gaming Machine Permits for premises licensed to sell/supply alcohol for consumption on the licensed premises, under the Licensing Act 2003, where more than two machines are required  Register small society lotteries below prescribed thresholds  Issue Prize Gaming Permits  Receive and Endorse Temporary Use Notices  Receive Occasional Use Notices  Provide information to the Gambling Commission regarding details of licences issued (see Section 7 above on ‘information exchange)  Maintain registers of the permits and licences that are issued under these functions  Exercise its powers of compliance and enforcement under the Act, in partnership with the Gambling Commission via Operating Licenses.

10.2 We as the licensing authority will not be involved in licensing remote gambling. Regulation will fall to the Gambling Commission by the grant of Operator Licences.

10.3 In accordance with the Act and Guidance, this authority will :

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 Refer the decision whether to make a resolution not to issue casino licences within the Borough to Full Council.  Refer approval of this three-year licensing policy to Full Council  Refer any delegated power under forthcoming Regulations to set fees to Cabinet.  Delegate all decisions relating to premises licences to the Licensing Committee where representations have been received and not withdrawn.  Further delegate decision making to officers in accordance with the law and guidance, attached at Appendix C.

11. Safeguarding against Child Sexual Exploitation (CSE)

11.1 The Council acknowledges children are not permitted access to most gambling premises. However where children are permitted access to for example Family Entertainment Centres, Tracks etc. applicants should ensure that suitable management controls are in place to safeguard chlidren against the risk of CSE. Applicants should be equally aware of children in the proximity of the premises that may be waiting for, or seeking, older persons.

11.2 Suitable management controls which could be put in place to safeguard children against the risk of CSE, may include, but are not limited to:

 awareness training for staff;  recording concerns and reporting these to the police.

11.3 The Council expects applicants to be aware of ‘risk indicators’ of CSE which include, but are not limited to:

 developing relationships between a child and an older person;  children in the company of a group of older persons;  children regularly attending premises and meeting with a number of different older persons, particularly where older persons may be facilitating gambling for children;  children outside of licensed premises developing relationships with an older person, particularly an older person facilitating gambling for children;  children leaving the locality of the premises with older people, particularly with a group of older persons;  children looking uncomfortable in the company of, or leaving with, older people, particularly groups of older persons.

11.4 Whilst the Council does not wish to create the impression that all contact between children and older people is inappropriate, it is strongly of the view that licence holders should be aware of the risks of CSE and should proactively manage their premises to minimise the risks.

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PART B

Premises Licences

12 General Principles

12.1 Premises licences are subject to the requirements set-out in the Gambling Act 2005 and regulations, as well as specific mandatory and default conditions which are detailed in regulations issued by the Secretary of State.

12.2 We as the licensing authority will be able to exclude default conditions and also attach other conditions, where we believe it to be appropriate.

12.3 This licensing authority is aware that in making decisions about premises licences it should aim to permit the use of premises for gambling in so far as it thinks it:

 in accordance with any relevant code of practice issued by the Gambling Commission;  in accordance with any relevant guidance issued by the Gambling Commission;  reasonably consistent with the licensing objectives; and  in accordance with the authority’s statement of licensing policy.

12.4 In accordance with the Gambling Commission's Guidance to Licensing Authorities "moral objections to gambling are not a valid reason to reject applications for premises licences", except in respect of a Casino resolution and also that unmet demand is not a criterion for a Licensing Authority. Issues of nuisance and the likelihood of planning permission or building regulations approval being obtained are not issues that can be taken into account when considering an application for a premises licence.

12.5 Licence conditions are one method by which it is possible to mitigate risks associated with particular premises. The imposition of licence conditions might be prompted by locality specific evidence based risks. If additional conditions are to be imposed, they will be imposed in response to evidence of risk to the licensing objectives not already addressed by the mandatory and default conditions.

12.6 Wherever possible and where there are justifiable concerns the licensing authority will have proactive engagement with local operators to encourage them to mitigate risks to the licensing objectives effective. Such engagement can facilitate an open and constructive partnership which, in turn, can improve compliance and reduce regulatory costs.

12.7 The Gambling Commissions Licensing Conditions and Code of Practice (LCCP) document contains two types of code provisions:

 Social responsibility code provisions: compliance with these is a condition of licences  Ordinary code provisions: These do not have the status of operator licence conditions but set out good practice. Operators may adopt

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alternative approaches to those set out in ordinary code provisions if they have actively taken account of the ordinary code provisions and can demonstrate that an alternative approach is reasonable in the operator’s particular circumstances; or that to take an alternative approach would be acting in a similar effective manner.

12.8 To improve the exchange of information between licensing authorities and operators, the Commission has introduced social responsibility code provisions that require operators of premises-based businesses to conduct local risk assessments (SR 10.1.1), and an ordinary code provision that says licensees should share their risk assessments with licensing authorities in certain circumstances (OC 10.1.2).

12.9 SR 10.1.1 which came into force on 6th April 2016 applies to non- remote licensees who hold or are applying for premise licences. The provision requires licensees to assess and have policies, procedures and control measures to mitigate local risks to the licensing objectives, taking account of the licensing authority’s statement of licensing policy. It goes on to require local risk assessments to be reviewed when there are significant changes in local circumstances or at the premises, or when applying for a new licence or a variation of a licence. The risk assessments should be carried out to identify specific risks to the licensing objectives in the local area and to assess whether control measures going beyond standard control measures are needed.

12.10 The licensing authority when considering an application in relation to the grant or variation of the premise licence will expect to see a risk assessment that has been carried out as per the above provision and will give consideration to that risk assessment before making a decision.

12.11 This licensing authority will expect applicants for a new licence to submit the completed assessment with their application. It must identify risks and state what control mechanisms are to be employed at the premises to ensure that the licensing objectives are being met having regard to the local area profiles produced by this Authority. The assessment must consider as a minimum –

 The local area, including but not restricted to; the types of premises and operation in the area surrounding the gambling premises; the character of the area (for example is it predominantly residential or commercial, is it a family orientated area); transport links, educational facilities; centres for vulnerable people; ethnicity, age, economic make-up of the local community; high crime area; high unemployment area; or not a pawn broker/pay day loan businesses in the vicinity, other gambling premises in the vicinity

 The gambling operation, including but not restricted to: what gambling products it provides in the premises, the staffing levels within the premises; the level and requirement for staff training; whether loyalty or account cards are used or not; the security and crime prevention arrangements it has in place; how it advertises locally and on the

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premises, the marketing material within the premises; the display and provision of information.

 The design and layout of the premises, including but not restricted to: whether the staff have obstructed views of gaming machines or entrances; whether the design is such that gambling can’t take place.

 Measures that could be considered to be put in place to mitigate the risks where necessary could be for example the use of CCTV cameras, the provision of magnetic door locks, employment of door supervisors, employing a challenge 25 scheme, number of trained staff.

12.12 Operators are required to review their local risk assessments if significant changes in local circumstances occur, when there are significant changes at a licensee’s premises that may affect their mitigation of local risks and when applying for the variation of a licence. The following list sets out what are considered to be significant changes in local circumstances-

 Any substantial building development or conversion of existing premises in the local area which may increase or decrease the number of visitors.  A new pay day loan or pawn broker opening in the local area.  Changes being made to the provision, location and/or timings of public transport, relocation of a bus stop used by children.  An increase in educational facilities in the local area, e.g. the opening of new schools, colleges or the extension of an existing establishment.  The local area is identified as a crime hotspot by the police and/or Licensing Authority  Venues serving or supporting vulnerable groups are opened in proximity to the gambling premises.  New gambling premises open in the local area.

12.13 An operator submitting a variation application to the licensing authority will be expected to provide a copy of the reviewed local risk assessment with the application.

12.14 When a completed assessment is provided with a new application or with a variation application, the licensing authority will consider the assessment in the course of determining whether to grant the application or not. Some control mechanisms identified in the assessment may be added to the licence as conditions to address any significant local concerns. The licensing authority is particularly concerned –

 to ensure that staff are trained and supported to identify and work with problem gamblers.  to ensure that measures are in place to prevent underage gambling

12.15 The list above is not exhaustive and every risk assessment should be based on the individual premises and the issues in the local area.

12.16 This licensing authority also notes the Gambling Commission guidance on ensuring that betting is the primary activity of a licensed premises. Gaming machines may be made available for use in licensed betting premises only at times when there are also sufficient facilities for betting available.

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12.17 In making this determination, this licensing authority will have regard to the six indicators of betting as a primary gambling activity, namely

 the offer of established core products (including live event pictures and bet range)  the provision of information on products and events  the promotion of gambling opportunities and products  the size of premises  the delivery of betting facilities

Definition of ‘premises’

12.18 In the Act, "premises" is defined as including "any place". Section 152 of the act therefore prevents more than one premises licence applying to any place. But a single building could be subject to more than one premises licence, provided they are for different parts of the building, and the different parts of the building can be reasonably regarded as being different premises.

12.19 This approach has been taken to allow large, multiple unit premises such as a pleasure park, pier, track or shopping mall to obtain discrete premises licences, where appropriate safeguards are in place. However, we will pay particular attention if there are issues about sub-divisions of a single building or plot and we will ensure that mandatory conditions relating to access between premises are observed.

12.20 The Gambling Commission states in the fifth edition of its Guidance to Licensing Authorities that: “In most cases the expectation is that a single building / plot will be the subject of an application for a licence, for example, 32 High Street. But, that does not mean 32 High Street cannot be the subject of separate premises licences for the basement and ground floor, if they are configured acceptably. Whether different parts of a building can properly be regarded as being separate premises will depend on the circumstances. The location of the premises will clearly be an important consideration and the suitability of the division is likely to be a matter for discussion between the operator and licensing. However, the Commission does not consider that areas of a building that are artificially or temporarily separated, for example by ropes or moveable partitions can properly be regarded as different premises.”

12.21 The licensing authority takes particular note of the Gambling Commission’s Guidance to Licensing Authorities which states that: licensing authorities should take particular care in considering applications for multiple licences for a building and those relating to a discrete part of a building used for other (non-gambling) purposes. In particular they should be aware of the following:

 The third licensing objective seeks to protect children from being harmed by gambling. In practice that means not only preventing them from taking part in gambling, but also preventing them from being in close proximity to gambling. Therefore premises should be configured so that children are not invited to participate in, have accidental access to or closely observe gambling where they are prohibited from participating.  Entrances to and exits from parts of a building covered by one or more premises licences should be separate and identifiable so that the separation of different premises is not compromised and people do not

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“drift” into a gambling area. In this context it should normally be possible to access the premises without going through another licensed premises or premises with a permit.  Customers should be able to participate in the activity named on the premises licence.

12.22 The Guidance also gives a list of factors which we the licensing authority should be aware of, which may include:

 do the premises have a separate registration for business rates?  is the premises’ neighbouring premises owned by the same person or someone else?  can each of the premises be accessed from the street or a public passageway?  can the premises only be accessed from any other gambling premises?

12.23 This licensing authority will consider these and other relevant factors in making its decision, depending on all the circumstances of the case.

12.24 The Gambling Commission’s relevant access provisions for each premises type are reproduced below -

Casinos

 The principal access entrance to the premises must be from a street (as defined at 7.23 of the guidance)  No entrance to a casino must be from premises that are used wholly or mainly by children and/or young persons  No customer must be able to enter a casino directly from any other premises which holds a gambling premises licence

Adult Gaming Centre

 No customer must be able to access the premises directly from any other licensed gambling premises

Betting Shops

 Access must be from a street or from another premises with a betting premises licence.  No direct access from a betting shop to another premises used for the retail sale of merchandise or services. In effect there cannot be an entrance to a betting shop from a shop of any kind and a betting shop cannot be located at the back of a café – the whole area would have to be licensed.

Tracks

 No customer should be able to access the premises directly from:

- a casino - an adult gaming centre

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Bingo Premises

 No customer must be able to access the premises directly from:

- a casino - an adult gaming centre - betting premises, other than a track

Family Entertainment Centre

 No customer must be able to access the premises directly from:

- a casino - an adult gaming centre - a betting premises, other than a track

The Gambling Commission’s Guidance to Licensing Authorities contains further guidance on this issue, which the licensing authority will also take into account in its decision-making.

Premises ‘ready for gambling’

12.25 The Gambling Commission Guidance states that a licence to use premises for gambling should only be issued in relation to premises that the licensing authority can be satisfied are going to be ready to be used for gambling in the reasonably near future, consistent with the scale of building or alterations required before the premises are brought into use.

12.26 If the construction of a premises is not yet complete, or if they need alteration, or if the applicant does not yet have a right to occupy them, then an application for a provisional statement should be made instead.

12.27 In deciding whether a premises licence can be granted where there are outstanding construction or alteration works at a premises, we will determine applications on their merits, applying a two stage consideration process:-

 first, whether the premises ought to be permitted to be used for gambling  second, whether appropriate conditions can be put in place to cater for the situation that the premises are not yet in a suitable the state for gambling to take place.

12.28 Applicants should note that the licensing authority is entitled to decide that it is appropriate to grant a licence subject to conditions, but it is not obliged to grant such a licence.

Location

12.29 The licensing authority is aware that demand issues cannot be considered with regard to the location of premises but that considerations in terms of the licensing objectives are relevant to its decision-making.

12.30 As per the Gambling Commission’s Guidance to Licensing Authorities, we will

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pay particular attention to the protection of children and vulnerable persons from being harmed or exploited by gambling, as well as issues of crime and disorder.

12.31 The statement will be updated if the licensing authority designates any part of the Borough as unsuitable for gambling premises. It should be noted however that any such policy does not preclude an application being made in respect of such locality and each application will be decided on its merits, with the onus being upon the applicant to show how potential concerns can be overcome.

Planning

12.32 The Gambling Commission Guidance to Licensing Authorities states:

“7.56 – In determining applications the licensing authority has a duty to take into consideration all relevant matters and not to take into consideration any irrelevant matters, i.e. those not related to gambling and the licensing objectives. One example of an irrelevant matter would be the likelihood of the applicant obtaining planning permission or building regulations approval for their proposal”.

12.33 The licensing authority will not take into account irrelevant matters as per the above guidance. In addition the licensing authority notes the following excerpt from the Guidance:

7.63 - When dealing with a premises licence application for finished buildings, the licensing authority should not take into account whether those buildings have or comply with the necessary planning or building consents. Those matters should be dealt with under relevant planning control and building regulation powers, and not form part of the consideration for the premises licence.

12.34 Section 210 of the 2005 Act prevents licensing authorities taking into account the likelihood of the applicant obtaining planning or building consent when considering a premises licence application. Equally the grant of a gambling premises licence does not prejudice or prevent any action that may be appropriate under the law relating to planning or building.

Duplication with other regulatory regimes

12.35 We will seek to avoid any duplication with other statutory / regulatory systems where possible, including planning. The licensing authority will not consider whether a premise is likely to be awarded planning permission or building regulations approval, in its consideration of licence application it. It will though, listen to, and consider carefully, any concerns about licence conditions which are not able to be met by licensees due to planning restrictions.

12.36 When dealing with a premises licence application for finished buildings, the licensing authority will not take into account whether those buildings comply with the necessary planning or buildings consents. Fire or health and safety risks will also not be taken into account, as these matters are dealt with under relevant planning control, buildings and other regulations.

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Licensing Objectives

12.37 Premises licences must be reasonably consistent with the licensing objectives. With regard to these objectives, this licensing authority has considered the Gambling Commission’s Guidance to Licensing Authorities and some comments are made below.

Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime –

12.38 The licensing authority is aware that the Gambling Commission takes a leading role in preventing gambling from being a source of crime. The Gambling Commission's Guidance does however envisage that licensing authorities should pay attention to the proposed location of gambling premises in terms of this licensing objective.

12.39 Therefore, where an area has known high levels of organised crime the Licensing authority will consider carefully whether gambling premises are suitable to be located there and whether conditions may be suitable such as the provision of door supervisors. This licensing authority is aware of the distinction between disorder and nuisance and will consider factors (for example whether police assistance was required and how threatening the behaviour was to those who could see it) so as to make that distinction.

Ensuring that gambling is conducted in a fair and open way

12.40 The licensing authority notes that the Gambling Commission generally does not expect licensing authorities to be concerned with ensuring that gambling is conducted in a fair and open way as this will be addressed by operating and personal licences. For Local Authorities with tracks: There is however, more of a role with regard to tracks which is explained in more detail in the 'tracks' section– see page 28).

Protecting children and other vulnerable persons from being harmed or exploited by gambling

12.41 The licensing authority has noted the Gambling Commission's Guidance that this objective means preventing children from taking part in gambling as well as restricting of advertising so that gambling products are not aimed at or are particularly attractive to children.

12.42 The licensing authority will therefore consider, as suggested in the Gambling Commission's Guidance, whether specific measures are required at particular premises, with regard to this licensing objective.

12.43 Appropriate measures may include supervision of entrances / machines, segregation of areas etc.

12.44 We will also take into account the codes of practice as regards to this licensing objective, in relation to specific premises.

12.45 The term “vulnerable persons” is not defined by the Gambling Commission or statute law does, but the Commission states that “it will for regulatory purposes assume that this group includes:

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 people who gamble more than they want to;  people who gamble beyond their means;  and people who may not be able to make informed or balanced decisions about gambling due to a mental impairment, alcohol or drugs.”

12.46 The licensing authority will consider promotion of this licensing objective on a common sense, case by case basis. Should this term be further defined the Commission or case law in the future then this policy statement will be updated accordingly.

Conditions on Premises Licences

12.47 Any conditions we attach to licences will be proportionate and If additional conditions are to be imposed, they will be imposed in response to evidence of risk to the licensing objectives not already addressed by the mandatory and default conditions. Any conditions imposed will be:

 relevant to the need to make the proposed building suitable as a gambling facility  directly related to the premises and the type of licence applied for;  fairly and reasonably related to the scale and type of premises: and  reasonable in all other respects.

12.48 Decisions upon individual conditions will be made on a case by case basis, although there will be a number of conditions the licensing authority will consider utilising should there be a perceived need, such as the use of door supervisors, appropriate signage for adult only areas etc., There are specific comments made under some of the licence types below. The licensing authority will also expect the licence applicant to offer their own suggestions about how the licensing objectives can be met effectively.

12.49 The Gambling Commission advises in its Guidance to Licensing Authorities that if a licensing authority is concerned that a premises may attract disorder or be subject to attempts at unauthorised access (for example by children and young persons) then it may require that the entrances to the premises are controlled by a door supervisor, and is entitled to impose a premises licence to this effect.

12.50 We will, where considered necessary, also consider specific measures for buildings which are subject to multiple premises licences. Such measures may include the supervision of entrances, segregation of gambling and non- gambling areas frequented by children and the supervision of gaming machines in non-adult gambling specific premises, in accordance with Gambling Commission Guidance.

12.51 The licensing authority will ensure that where category C or above machines are on offer in premises to which children are admitted:

 all such machines are located in an area of the premises which is separated from the remainder of the premises by a physical barrier which is effective to prevent access other than through a designated entrance  only adults are admitted to the area where these machines are located  access to the area where these machines are located is supervised

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 the area where these machines are located is arranged so that it can be observed by the staff or the licence holder, and  at the entrance to and inside any such areas there are prominently displayed notices indicating that access to the area is prohibited to persons under 18 years of age.

12.52 These considerations will apply to premises including buildings where multiple premises licences are applicable.

12.53 We are aware that tracks may be subject to one or more premises licences, provided that each licence relates to a specified area of the track.

12.54 We will, in accordance with the Gambling Commission’s Guidance, consider the impact upon the third licensing objective and the need to ensure that the entrances to each type of premises are distinct from each other and that children are excluded from gambling areas where they are not permitted by law or condition, to enter.

12.56 It is noted that there are conditions which the licensing authority cannot by law attach to premises licences which are:

 any condition on the premises licence which makes it impossible to comply with an operating licence condition  conditions relating to gaming machine categories, numbers, or method of operation;  conditions which provide that membership of a club or body be required (the Gambling Act 2005 specifically removes the membership requirement for casino and bingo clubs) and  conditions in relation to stakes, fees, winning or prizes

Door Supervisors

12.56 The Gambling Commission advises in its Guidance to Licensing Authorities that if a licensing authority is concerned that a premises may attract disorder or be subject to attempts at unauthorised access (for example by children and young persons) then it may require that the entrances to the premises are controlled by a door supervisor, and is entitled to impose a premises licence to this effect.

12.57 Where it is decided that supervision of entrances/machines is appropriate we will consider whether the supervisors need to be SIA licensed or not will be necessary. It will not be automatically assumed that they need to be licensed, as the statutory requirements for different types of premises vary (as per the Guidance, Part 33).

12.58 This licensing authority therefore has specific requirements for door supervisors working at casinos or bingo premises which are that a book is maintained in which is recorded:-

 the identity of the door staff deployed  the time they commenced duty and left duty, and  any incidents that they dealt with

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each day, and such a book shall be maintained and available for inspection for a period of 3 months from the date of the record entry.

12.59 This is in recognition of the nature of the work in terms of searching individuals, dealing with potentially aggressive, young and vulnerable persons, etc.

13. Adult Gaming Centres

13.1` The licensing authority will specifically have regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy it that there will be sufficient measures in place to, for example, ensure that under 18 year olds do not have access to the premises.

13.2 The licensing authority may consider imposing conditions to meet the licensing objectives such as:

 proof of age schemes  CCTV  supervision of entrances / machine areas  physical separation of areas  location of entry  notices / signage  specific opening hours  self-exclusion schemes  provision of information leaflets / helpline numbers for organisations such as GamCare.

This list is not exhaustive, and is merely indicative of possible conditions.

14. (Licensed) Family Entertainment Centres

14.1 The licensing authority will specifically have regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy it, for example, that there will be sufficient measures in place to ensure that under 18 year olds do not have access to the adult only gaming machine areas.

14.2 The licensing authority may consider imposing conditions to meet the licensing objectives such as:

 CCTV  supervision of entrances / machine areas  physical separation of areas  location of entry  notices / signage  specific opening hours  self-exclusion schemes  provision of information leaflets / helpline numbers for organisations such as GamCare.  measures / training for staff on how to deal with suspected truant school children on the premises

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This list is not exhaustive, and is merely indicative of possible conditions.

14.3 The licensing authority will consider any conditions published from time to time on the Gambling Commission’s website in respect of the way in which the area containing the category C machines should be delineated.

14.4 The licensing authority will also take account of any mandatory or default conditions on these premises licences, when they have been published.

15. Casino

Proposal for a casino

15.1 This licensing authority does not have an existing licensed casino within the Borough. We did not submit a proposal for a premises licence for any new type of casino to the Independent Casinos Advisory Panel.

No Casino Resolution

15.2 This licensing authority has not passed a ‘no casino’ resolution under Section 166 of the Gambling Act 2005, but is aware that it has the power to do so. Should this licensing authority decide in the future to pass such a resolution, it will update this policy statement with details of that resolution. Any such decision will be made by the Full Council.

Casinos and competitive bidding

15.3 This licensing authority is aware that where a licensing authority is enabled to grant a premises licence for a new style casino (i.e. the Secretary of State has made such regulations under Section 175 of the Gambling Act 2005) there are likely to be a number of operators which will want to run the casino.

15.4 Should these circumstances arise, we will address the matter by running a ‘competition’ in line with any Regulations and/or Code of Practice under the Gambling Act 2005.

Licence considerations/conditions

15.5 This Licensing Authority will attach conditions to casino premises licenses according to principles set out in the Gambling Commissions Guidance at paragragh 9, bearing in mind the mandatory conditions listed in paragraph 17 of the Guidance, and the licence conditions and Codes of Practice published by the Gambling Commission.

Betting machines

15.6 This licensing authority will, as per the Gambling Commission's Guidance, take into account the size of the premises, the number of counter positions available for person-to-person transactions, and the ability of staff to monitor the use of the machines by children and young persons or by vulnerable people, when considering the number/nature/circumstances of betting machines an operator wants to offer.

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16. Bingo Premises

16.1 This licensing authority notes that the Gambling Commission’s Guidance states:

Licensing authorities will need to satisfy themselves that bingo can be played in any bingo premises for which they issue a premises licence. This will be a relevant consideration where the operator of an existing bingo premises applies to vary their licence to exclude an area of the existing premises from its ambit and then applies for a new premises licence, or multiple licences, for that or those excluded premises.

From 1st April 2014 a bingo premises can have a maximum of 8 machines or 20% of total machines in category B3 or B4, with no limit on category C or D machines.

16.2 The licensing authority also notes the Commissions Guidance at paragraph 18.9 regarding the unusual circumstances in which the splitting of pre-existing premises into two adjacent premises might be permitted, and, in particular that it is not permissible to locate eight category B3 gaming machines in one of the resulting premises, as the gaming machine entitlement for that premises would be exceeded.

16.3 Children and young people are allowed into bingo premises; however they are not permitted to participate in bingo and if category B or C machines are made available for use these must be separated from areas where children and young people are allowed.

17. Betting Premises

17.1 Anyone wishing to operate a betting office will require a betting premises licence from the licensing authority. Children and young persons will not be able to enter premises with a betting premise licence.

Betting machines

17.2 Betting premises will be able to provide a limited number of gaming machines and some betting machines

17.3 B2 gaming machines (commonly referred to as fixed odds betting terminals (FOBT’S), where provided, should be situated in locations where they can be effectively supervised at all times.

Leaflets and posters aimed at customers and their families/friends. These posters and leaflets must give advice about identifying signs of problem gambling and pathways to advice and assistance e.g. helpline number and information about online counselling facility and shall be provided in close proximity to the location of any FOBT’S.

Number, type and availability of betting machines

The licensing authority has the power to restrict the number of betting machines, their nature and the circumstances in which they are made available (as per s181 Gambling Act 2005). This may be done by attaching a licence condition to a betting premise, licence or to a casino premises licence.

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By virtue of S172(8) of the Gambling Act 2005 the holder of a Betting Premise Licence may make available for use up to 4 gaming machines.

In determining whether the application meets the licensing objectives or other policies consideration will be given to appropriate measures/licensing conditions to address the matters listed below.

 size of the premises  the physical layout of the premise  the number of counter positions available for person to person transactions  the ability of staff to monitor the use of machines by vulnerable persons  proof of age schemes  CCTV  entry control system  supervision of entrances/ machine areas  physical separation of areas  location of entry  notices/ signage  specific opening hours  self-barring schemes  provision of information leaflets / helpline numbers for organisations such as GamCare

This list is not exhaustive, and is merely indicative of examples of measures and possible licence conditions the licensing authority will expect applicants to offer their own measures to meet the licensing objectives:

18. For Authorities with tracks

18.1 S.353 of the Act defines a track as a horse racecourse, greyhound track or other premises on any part of which a race or other sporting event takes place or is intended to take place.

18.2 The licensing authority is aware that tracks may be subject to one or more than one premises licence, provided each licence relates to a specific area of the track.

18.3 When dealing with applications relating to tracks this licensing authority will give particular attention to the impact upon the third licensing objective (i.e. the protection of children and vulnerable persons from being harmed or exploited by gambling) and the need to ensure that entrances to each type of premises are distinct and that children are excluded from gambling areas where they are not permitted to enter.

18.4 The licensing authority will expect the premises licence applicants to demonstrate suitable measures to ensure that children do not have access to adult only gaming facilities.

18.5 Children and young persons will by law be permitted to enter track areas where facilities for betting are provided on days when dog-racing and/or horse racing takes place, although they are still prevented from entering areas where gaming machines (other than category D machines) are provided.

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18.6 The licensing authority may consider measures/licence conditions to meet the licensing objectives such as:

 proof of age schemes  CCTV  supervision of entrances / machine areas  physical separation of areas  location of entry  notices / signage  specific opening hours  self-exclusion schemes  provision of information leaflets / helpline numbers for organisations such as GamCare

This list is not exhaustive, and is merely indicative of example measures/possible licence conditions.

Gaming machines on tracks

18.7 Where the applicant holds a pool betting operating licence and is going to use the entitlement to four gaming machines, machines (other than category D machines) should be located in areas from which children are excluded.

Betting machines on tracks

18.8 Licensing authorities have a power under the Gambling Act 2005 to restrict the number of betting machines, their nature and the circumstances in which they are made available, by attaching a licence condition to a betting premise licence.

18.9 Similar considerations apply in relation to tracks, where the potential space for such machines may be considerable, bringing with it significant problems in relation to the proliferation of such machines, the ability of track staff to supervise them if they are scattered around the track and the ability of the track operator to comply with the law and prevent children betting on the machines.

18.10 The licensing authority will, as per Part 6 of the Gambling Commission’s Guidance, take into account the size of the premises and the ability of staff to monitor the use of the machines by children and young persons or by vulnerable people, when considering the number/nature/circumstances of betting machines an operator wants to offer.

Condition on rules being displayed

18.11 A condition will normally be attached to track premises licences requiring the track operator to ensure that the rules relating to tracks which are contained in the Act are prominently displayed in or near the betting areas, or that other measures are taken to ensure that they are made available to the public. For example, the rules could be printed in the race card or made available in leaflet form from the track office.

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Applications and plans

18.12 The Gambling Act (s51) requires applicants to submit plans of the premises with their application, in order to ensure that the licensing authority has the necessary information to make an informed judgement about whether the premises are fit for gambling. The plan will also be used for the licensing authority to plan future premises inspection activity. (See Guidance to Licensing Authorities, para 20.43).

18.13 Plans for tracks do not need to be to a particular scale, but should be drawn to scale and should be sufficiently detailed to include the information required by regulations. (See Guidance to Licensing Authorities, para 20.44).

18.14 We appreciate that it is sometimes difficult to define the precise location of betting areas on tracks. The precise location of where betting facilities are provided is not required to be shown on track plans, both by virtue of the fact that betting is permitted anywhere on the premises and because of the difficulties associated with pinpointing exact locations for some types of track. Applicants should provide sufficient information to enable the licensing authority to satisfy itself that the plan indicates the main areas where betting might take place. (See Guidance to Licensing Authorities, para 20.46).

19. Travelling Fairs

19.1 Where category D machines and / or equal chance prize gaming without a permit is to be made available at travelling fairs, the licensing authority will determine whether the facilities for gambling amount to no more than an ancillary amusement.

19.2 The licensing authority will also consider whether the applicant falls within the statutory definition of a travelling fair.

For the purposes of the Act – (a) “fair” means a fair consisting wholly or principally of the provision of amusements, and (b) a fair held on a day in a calendar year is a “travelling fair” if provided- (i) wholly or principally by persons who travel from place to place for the purpose of providing fairs, and (ii) at a place no part of which has been used for the provision of a fair on more than 27 days in that calendar year.

19.3 The 27-day statutory maximum for the land being used as a fair, is per calendar year, and that it applies to the piece of land on which the fairs are held, regardless of whether it is the same or different travelling fairs occupying the land. The licensing authority will work with other departments of the Council and its neighbouring authorities to ensure that land which crosses its boundaries is monitored so that the statutory limits are not exceeded.

20. Provisional Statements

20.1 Developers may wish to apply to the authority for provisional statements before entering into a contract to buy or lease property. There is no need for the applicant to hold an operating licence in order to apply for a provisional statement.

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20.2 S204 of the Gambling Act provides for a person to make an application to the licensing authority for a provisional statement in respect of premises that he or she:

-expects to be constructed; -expects to be altered; or -expects to acquire a right to occupy.

20.3 The process for considering an application for a provisional statement is the same as that for a premises licence application. The applicant is obliged to give notice of the application in the same way as applying for a premises licence. Responsible authorities and interested parties may make representations and there are rights of appeal.

20.4 In contrast to the premises licence application, the applicant does not have to hold or have applied for an operating licence from the Gambling Commission (except in the case of a track) and they do not have to have a right to occupy the premises in respect of which their provisional application is made.

20.5 The holder of a provisional statement may then apply for a premises licence once the premises are constructed, altered or acquired. The licensing authority will be constrained in the matters it can consider when determining the premises licence application, and in terms of representations about premises licence applications that follow the grant of a provisional statement and no further representations from relevant authorities or interested parties can be taken into account unless:  they concern matters which could not have been addressed at the provisional statement stage, or  they reflect a change in the applicant’s circumstances.

20.6 In addition, the licensing authority may refuse the premises licence (or grant it on terms different to those attached to the provisional statement) only by reference to matters:  which could not have been raised by objectors at the provisional statement stage;  which in the licensing authority’s opinion reflect a change in the operator’s circumstances; or  where the premises have not been constructed in accordance with the plan submitted with the application. This must be a substantial change to the plan and the licensing authority may discuss any concerns it has with the applicant before making a decision.

21. Reviews

21.1 Requests for a review of a premises licence can be made by interested parties or responsible authorities; however, it is for the licensing authority to decide whether the review is to be carried-out.

21.2 This will be on the basis of whether the request for the review is relevant to the matters listed below;

 in accordance with any relevant Code of Practice issued by the Gambling Commission;

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 in accordance with any relevant guidance issued by the Gambling Commission;  reasonably consistent with the licensing objectives; and  in accordance with the licensing authority’s statement of principles.

21.3 The licensing authority, whether the request is frivolous, vexatious, or whether it will certainly not cause it to alter/revoke/suspend the licence, or whether it is substantially the same as previous representations or requests for review.

21.4 Section 200 of the Act provides that licensing authorities may initiate a review in relation to a particular class of premises licence or in relation to particular premises. Officers may be involved in the initial investigations of complaints leading to a review, or may try informal mediation or dispute resolution techniques prior to a full scale review being conducted, but the review itself, if necessary will be heard by elected members.

21.5 Once a valid application for a review has been received by the licensing authority, representations can be made by responsible authorities and interested parties during a 28 day period. This period begins 7 days after the application was received by the licensing authority, who will publish notice of the application within 7 days of receipt.

21.6 The licensing authority must carry out the review as soon as possible after the 28 day period for making representations has passed.

21.7 The purpose of the review will be to determine whether the licensing authority should take any action in relation to the licence. If action is justified, the options open to the licensing authority are:-

(a) add, remove or amend a licence condition imposed by the licensing authority; (b) exclude a default condition imposed by the Secretary of State (e.g. opening hours) or remove or amend such an exclusion; (c) suspend the premises licence for a period not exceeding three months; and (d) revoke the premises licence.

21.8 In determining what action, if any, should be taken following a review, the licensing authority will have regard to the principles set out in section 153 of the Act, as well as any relevant representations.

21.9 In particular, the licensing authority may also initiate a review of a premises licence on the grounds that a premises licence holder has not provided facilities for gambling at the premises. This is to prevent people from applying for licences in a speculative manner without intending to use them.

21.10 Once the review has been completed, the licensing authority will, as soon as possible, notify its decision to:

- the licence holder - the applicant for review (if any) - the Commission - any person who made representations - the chief officer of police or chief constable; and

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- her Majesty’s Commissioners for Revenue and Customs

PART C Permits / Temporary & Occasional Use Notice

22. Unlicensed Family Entertainment Centre gaming machine permits (Statement of principles on permits – Schedule 10 paragraph 7

22.1 Where a premises does not hold a premises licence but wishes to provide gaming machines, it may apply to the licensing authority for this permit. The applicant must show that the premises will be wholly or mainly used for making gaming machines available for use as required by Section 238 of the act.

22.2 The Gambling Act 2005 states that a licensing authority may prepare a Statement of Principles that they propose to consider in determining the suitability of an applicant for a permit and in preparing this statement, and/or considering applications, it need not (but may) have regard to the licensing objectives and shall have regard to any relevant guidance issued by the Commission under section 24 of the act.

22.3 The Gambling Commission’s Guidance for local authorities also states: “In their three year licensing policy statement, licensing authorities may include a statement of principles that they propose to apply when exercising their functions in considering applications for permits…., licensing authorities will want to give weight to child protection issues”. (para 24.8)

22.4 The Guidance also states: “...An application for a permit may be granted only if the licensing authority is satisfied that the premises will be used as an unlicensed FEC, and if the chief officer of police has been consulted on the application....licensing authorities might wish to consider asking applications to demonstrate:

 a full understanding of the maximum stakes and prizes of the gambling that is permissible in unlicensed FECs;  that the applicant has no relevant convictions (those that are set out in Schedule 7 of the Act; and  that staff are trained to have a full understanding of the maximum stakes and prizes. (para 24.7)

Statement of Principles

22.5 The licensing authority will expect the applicant to show that there are policies and procedures in place to protect children from harm. Harm in this context is not limited to harm from gambling but includes wider child protection considerations.

22.6 The efficiency of such policies and procedures will each be considered on their merits, but policies and procedures may include appropriate measures / training for staff as regards suspected truant school children on the premises, measures / training covering how staff would deal with unsupervised very young children being on the premises, or children causing perceived problems on / around the premises.

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22.7 Applicants must also demonstrate a full understanding of the maximum stakes and prizes of the gambling that is permissible in unlicensed FECs; that the applicant has no relevant convictions (those that are set out in Schedule 7 of the Act); and that staff are trained to have a full understanding of the maximum stakes and prizes.

22.8 The licensing authority when considering a permit application for an unlicensed family entertainment centre, may request further information from an applicant regarding any matters of concern which may include:

 the suitability of the applicant  the suitability of members of staff  the location and plan of the premises  evidence that a premises will only operate as an unlicensed family entertainment centre  the applicant’sunderstanding of the maximum stakes and prizes of the gambling that is permissible in an unlicensed family entertainment centre  confirmation of intended opening hours  details of procedures for entry to the premises  CCTV provisions at the premises and surveillance of the premises  evidence that members of staff are appropriately trained and fully understanding the maximum stakes and prizes of the gambling that is permissible in an unlicensed Family Entertainment Centre  evidence of policy and procedures in respect of unsupervised very young children on the premises, or children causing perceived problems on/or around the premises  Display of posters and information leaflets about organisations set up to assist people wishing to seek help and advice regarding gambling related issues such as GamCare  Any other factors that are within the control of the permit holder or designated management.

22.9 The licensing authority will give significant weight to issues relating to the protection of children and young persons.

22.10 A permit will only be issued if the licensing authority is satisfied that there are no matters of concern.

22.11 The licensing authority will not refuse an application for a permit unless it has notified the applicant of its intentions to refuse the application and of its reasons and given the applicant an opportunity to make representations.

22.12 The licensing authority can grant or refuse a licence but cannot attach conditions to this type of permit

23. (Alcohol) Licensed premises gaming machine permits

Automatic entitlement: 2 machines

23.1 Section 282 of the Act provides an automatic entitlement to make available up to two gaming machines (of category C or D) for use in alcohol licensed premises.

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23.2 To take advantage of this entitlement, the person who holds the on-premises licence must pay the prescribed fee and give notice to the licensing authority of their intention to make up to 2 Category C or D gaming machines available for use.

23.3 The automatic entitlement ceases if the holder of Licensing Act 2003 premises licence changes or ceases

23.4 We are not permitted by law to reject such a valid application or engage discretion in such an authorisation, but we can remove the automatic authorisation in respect of any particular premises if:

 provision of the machines is not reasonably consistent with the pursuit of the licensing objectives;  gaming has taken place on the premises that breaches a condition of section 282 of the Gambling Act (i.e. that written notice has been provided to the licensing authority, that a fee has been provided and that any relevant code of practice issued by the Gambling Commission about the location and operation of the machine has been complied with);

 the premises are mainly used for gaming; or  an offence under the Gambling Act has been committed on the premises.

Permit: 3 or more machines

23.5 If a premises licence holder wishes to have more than 2 machines, they are required to apply for a permit. A licence holder can apply for any number of machines, but the number of machines granted in a permit will be in addition to the automatic entitlement under Section 282.

23.6 We will determine any such application based upon the licensing objectives, any guidance issued by the Gambling Commission issued under Section 25 of the Gambling Act 2005, and “such matters as they think relevant.”

23.7 Each case will be decided on its merits, but the licensing authority will have regard to the need to protect children and vulnerable persons from harm or being exploited by gambling and will expect the applicant to satisfy it that there will be sufficient measures to ensure that under 18 year olds do not have access to the adult only gaming machines. This may include the adult machines being in sight of the bar, or in the sight of staff who will monitor that the machines are not being used by those under 18. Notices and signage on the machines or in the premises may also be help. Applicants may also wish to consider the provision of information leaflets / helpline numbers for organisations such as GamCare.

23.8 The licensing authority will take account of an applicants intended compliance with the Gambling Commission publication “Licence Conditions and Code of Practice”

23.9 It is recognised that some alcohol licensed premises may apply for a premises licence for their non-alcohol licensed areas. Any such application would normally need to be applied for, and dealt with as an Adult Gaming Centre premises licence.

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23.10 The licensing authority may grant a licence for a smaller number of machines and/or a different category of machines than that applied for. Conditions (other than these) cannot be attached to a permit.

23.11 The holder of a permit must comply with any Code of Practice issued by the Gambling Commission about the location and operation of the machine.

23.12 Where there are no representations, permits for up to 4 additional machines will be granted by officers under delegated powers.

24. Prize Gaming Permits

24.1 Schedule 14 Paragraph 8 of the Gambling Act 2005 states that a licensing authority may “prepare a statement of principles that they propose to apply in exercising their functions under this Schedule” which “may, in particular, specify matters that the licensing authority propose to consider in determining the suitability of the applicant for a permit”.

24.2 In this regard the licensing authority has determined that the applicant must set out the types of gaming that he or she is intending to offer and must be able to demonstrate:

 that they understand the limits to stakes and prizes that are set out in regulations  and that the gaming offered is within the law  clear policies that outline the steps to be taken to protect children from harm.

24.3 In making its decision on an application for this permit the licensing authority does not need to have regard to the licensing objectives, but must have regard to any Gambling Commission guidance. (Gambling Act 2005, Schedule 14 paragraph 8(3).

24.4 There are conditions in the Gambling Act 2005 with which the permit holder must comply, but that the licensing authority cannot attach further conditions. The conditions in the Act are:

 the limits on participation fees, as set out in regulations, must be complied with  all chances to participate in the gaming must be allocated on the premises on which the gaming is taking place and on one day; the game must be played and completed on the day the chances are allocated; and the result of the game must be made public in the premises on the day that it is played  the prize for which the game is played must not exceed the amount set out in regulations (if a money prize), or the prescribed value (if non- monetary prize); and  participation in the gaming must not entitle the player to take part in any other gambling

25. Club Gaming and Club Machine permits

25.1 Bona fide members clubs and miners’ welfare institutes (but not

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commercial clubs) may apply for a club gaming permit or a clubs gaming machines permit.

25.2 The club gaming permit will enable the premises to provide gaming machines (3 machines of categories B, C, or D), and equal chance gaming.

25.3 The Gambling Commission guidance states: “Members clubs must have at least 25 members and be established and conducted “wholly or mainly” for purposes other than gaming, unless the gaming is restricted to bridge or whist”.

25.4 The Gambling Commission’s Guidance states:

“The LA has to satisfy itself that the club meets the requirements of the Act to obtain a club gaming permit. In doing so it will take account a number of matters as outlined in sections 25.44 - 25.48 of the Gambling Commission’s Guidance. These include the constitution of the club, the frequency of gaming, and ensuring that there are more than 25 members.

The club must be conducted ‘wholly or mainly’ for purposes other than gaming, unless the gaming is restricted to bridge and whist.

A members’ club must be permanent in nature, not established to make commercial profit, and controlled by its members equally. Examples include working men’s clubs, branches of Royal British Legion and clubs with political affiliations."

25.5 The Commission Guidance also notes that "licensing authorities may only refuse an application on the grounds that:

(a) the applicant does not fulfil the requirements for a members’ or commercial club or miners’ welfare institute and therefore is not entitled to receive the type of permit for which it has applied; (b) the applicant’s premises are used wholly or mainly by children and/or young persons; (c) an offence under the Act or a breach of a permit has been committed by the applicant while providing gaming facilities; (d) a permit held by the applicant has been cancelled in the previous ten years; or (e) an objection has been lodged by the Commission or the police.

25.6 As the Gambling Commission’s Guidance for local authorities states: "Under the fast-track procedure there is no opportunity for objections to be made by the Commission or the police, and the ground upon which an authority can refuse a permit are reduced." and "The grounds on which an application under the process may be refused are:

(a) that the club is established primarily for gaming, other than gaming prescribed under schedule 12; (b) that in addition to the prescribed gaming, the applicant provides facilities for other gaming; or (c) that a club gaming permit or club machine permit issued to the applicant in the last ten years has been cancelled."

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25.7 There are statutory conditions on club gaming permits that no child uses a category B or C machine on the premises and that the holder complies with any relevant provision of a code of practice about the location and operation of gaming machines.

26. Temporary Use Notices

26.1 Part 9 of the Act sets out the position in relation to temporary use notices. These allow the use of premises for gambling where there is no premises licence but where a gambling operator wishes to use the premises temporarily for providing facilities for gambling. Premises that might be suitable for a temporary use notice would include hotels, conference centres, and sporting venues.

26.2 The licensing authority can only grant a Temporary Use Notice to a person or company holding a relevant operating licence, i.e. a non-remote casino operating licence.

26.3 The Secretary of State has the power to determine what form of gambling can be authorised by Temporary Use Notices, and the relevant regulations (SI no 3157: The Gambling Act 2005 (Temporary Use Notices) Regulations 2007) state that Temporary Use Notices can only be used to permit the provision of facilities for equal chance gaming, where the gaming is intended to produce a single winner, which in practice means poker tournaments.

26.4 There are a number of statutory limits as regards Temporary Use Notices. The meaning of "premises" in Part 8 of the Act is discussed in Part 7 of the Gambling Commission Guidance to Licensing Authorities. As with "premises", the definition of "a set of premises" will be a question of fact in the particular circumstances of each notice that is given. In the Act "premises" is defined as including "any place".

26.5 In considering whether a place falls within the definition of "a set of premises", the licensing authority will consider, amongst other things, the ownership/occupation and control of the premises.

26.6 The licensing authority expects to object to notices where it appears that their effect would be to permit regular gambling in a place that could be described as one set of premises, as recommended in the Gambling Commission’s Guidance to Licensing Authorities

27. Occasional Use Notices

27.1 The licensing authority has very little discretion as regards these notices aside from ensuring that the statutory limit of 8 days in a calendar year is not exceeded. The licensing authority will consider the definition of a ‘track’ and whether the applicant is permitted to avail him/herself of the notice.

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APPENDIX A

SCHEDULE OF CONSULTEES TO THIS DRAFT POLICY STATEMENT INCLUDES

 All Elected Councillors, Hyndburn Borough Council

 Dave Welsby, Managing Director

 Joe McIntyre, Chief Finance Officer

 Jane Ellis, Executive Director (Legal & Democratic Services)

 Tony Akrigg, Head of Environmental Partnerships

 Kirsten Burnett, Head of Human Resource

 Ian Halliday, Team Leader - Public Health and Housing

 Simon Prideaux, Head of Planning and Transportation

 Steve Riley, Waste Services Manager

 Gambling Commission, Regional Compliance Manager

 Gambling Commission, Regional Inspector

 Chief Constable, Lancashire Constabulary, Accrington Police Station

 Licensing Officer, Lancashire Constabulary, East Division Licensing, Clitheroe Police Station

 Lancashire Fire and Rescue Service, E71 Blackburn Fire Station, Fire Safety Department, Blackburn

 Lancashire Area Child Protection Committee, Lancashire County Council

 H M Revenue & Customs

 Blackburn with Darwen Borough Council

 Burnley Borough Council

 Ribble Valley Borough Council

 Rossendale Borough Council

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 The British Casino Association

 Casino Operator’s Association of the UK

 Company Secretary, Casino Operator’s Association of the UK

 Business in Sport and Leisure

 Racecourse Association Ltd

 British Holiday & Home Parks Association

 Community Trade Union

 All Gambling and Licensing Premise Licence Holders

 All Small Lottery Licence Holders

 The Community Network forwarded the same on our behalf to all voluntary groups, resident associations, HARV, Family Intervention Project, YMCA Blackburn, Disability Organisations, HHH Credit Union and other various organisations.

 A full list is available for inspection at the Licensing Office.

In addition the draft policy and invitation to submit views on that policy were available on the Council’s website to facilitate observations from other persons

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APPENDIX B

GAMBLING ACT 2005 SCHEDULE OF RESPONSIBLE AUTHORITIES

LICENSING DEPARTMENT & AUTHORITY

Hyndburn Borough Council Licensing Authority, Scaitcliffe House, Ormerod Street, Accrington, BB5 0PF Tel: 01254 380616/380140 E-mail: [email protected]

THE GAMBLING COMMISSION

The Gambling Commission, Victoria Square House, Victoria Square, Birmingham, B2 4PB Tel: 0121 230 6500 Fax: 0121 230 6720 E-mail: [email protected]

POLICE

Lancashire Constabulary, East Division Licensing, Clitheroe Police Station, King Street, Clitheroe, Lancashire. BB7 2EU Tel: 01254 353650 Fax: 01254 353650 E-mail: [email protected]

FIRE AUTHORITY

Lancashire Fire and Rescue Service, E71 Blackburn Fire Station, Fire Safety Department, Byrom Street, Blackburn, Lancashire, BB2 2LE Tel: 01254 262721 Email: [email protected] [email protected] [email protected] [email protected] [email protected]

PLANNING

Planning and Transportation Department, Hyndburn Borough Council, Scaitcliffe House, Ormerod Street, Accrington, BB5 0PF Tel: 01254 380161 Fax: 01254 391625 E-mail: [email protected]

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HEALTH AND SAFETY

Environmental Health Services, Hyndburn Borough Council, Willows Lane Depot, Willows Lane, Accrington, Lancashire, BB5 0RT Tel: 01254 380621 Fax: 01254 386711 E-Mail:[email protected] [email protected]

CHILD PROTECTION

Alison Moore Lancashire Safeguarding of Children Board Room B52 County Hall Preston PR1 8RJ E-mail: [email protected]

H M REVENUE AND CUSTOMS

H M Revenue & Customs Boundary House Cheadle Point, Cheadle Cheshire SK8 2JZ Tel: 0845 0109000

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APPENDIX C

SUMMARY OF THE DELEGATION OF POWERS UNDER THE GAMBLING ACT 2005

Sub-committee of Officers Matter to be dealt with Full Council licensing committee

Final approval of three

year licensing policy X

Policy not to permit X

casinos

Fee setting X (when appropriate)

Where no Where representations Application for premises representations received/ have been received and licences representations have not withdrawn been withdrawn Where no Where representations Application for a variation representations received/ have been received and to a licence representations have not withdrawn been withdrawn Where representations Where no Application for a transfer have been received from representations received of a licence the Commission from the Commission Where no Where representations Application for a representations received/ have been received and provisional statement representations have not withdrawn been withdrawn

Review of a premises

licence X

Application for club Where objections have Where no objections gaming/ club machine been made (and not made/ objections have permits withdrawn) been withdrawn

Cancellation of club gaming/ club machine X permits

Applications for other

permits X

Cancellation of licensed premises gaming X machine permits

Consideration of

temporary use notice X

Decision to give a counter

notice to a temporary X use notice

X Indicates at the lowest level to which decisions can be delegated

Page42 94 UNCLASSIFIED

Customer First Analysis: Revised Statement of Principles – Gambling Act 2005

1. Purpose

 What are you trying to achieve?

a) To publish a Statement of Principles (Policy) that the Council will apply in exercising their functions under the Gambling Act 2005.

b) To promote the three licensing objectives under the Gambling Act 2005, namely-

(i) Preventing gambling from being a source of crime and disorder, being associated with crime and disorder or being used to support crime.

(ii) Ensuring that it is conducted in a fair and open way.

(iii) Protecting children and other vulnerable persons from being harmed or exploited by gambling.

c) To ensure all gambling applications are treated fairly and in a consistent manner.

d) To further statutory objectives which are in place to protect vulnerable groups such as younger and older people, people with disabilities etc.

 Who defines and manages it?

a) The draft policy has been put together by the Licensing Manager. The policy must however be approved by Council before it becomes formal Council policy.

 Who do you intend to benefit from it and how?

Licence holders Potential licence holders Residents Local businesses Responsible Authorities, Police, Fire & Rescue, Trading Standards, HM Revenue & Customs, Gambling Commission Council departments such as Planning, Safeguarding children etc. Councillors as the decision makers and representatives of residents

a) All the above will benefit because the policy will outline how the Council will exercise their functions under the Gambling Act 2005.This will help to ensure greater fairness in decision making by promoting transparency and consistency. 1 of 3 Page 95 UNCLASSIFIED

b) To provide advice and information to the above list on how the Council will enforce, administer and make decisions under the Gambling Act 2005.  What could prevent people from getting the most out of the change?

Not applicable, The Statement of Principles is controlled by legislation and the Council is required to produce one.

 How will you get your customers involved in the analysis and how will you tell people about it?

The proposed new policy has been the subject of consultation for 12 weeks. Details of the consultation are set out in the report.

2. Evidence

 How will you know if the policy delivers its intended outcome?

a) No legal challenge to the policy. A low level of complaints about the Council’s dealings with the licensing of gambling activity and its handling of gambling issues generally.

 How satisfied are your customers and how do you know?

a) The content of the Statement of Principles is heavily controlled by legislation and so there is very little room for local discretion. As it is a Statement of Principles historically there has been very little interest in the document and so satisfaction levels have not been measured.

 What existing data do you have on the people that use the service and the wider population?

a) There is no data on service users other than the Council’s register for licence and permit holders. The register suggests that the licence and permit holders don’t come from the equality target groups.

b) We could glean information from complaints but we have received none

 What other information would it be useful to have? How could you get this?

a) Not applicable, The Statement of Principles is controlled by legislation.

 Are you breaking down data by equality groups where relevant?

a) Not relevant

 Are you using partners, stakeholders, and councillors to get information and feedback?

a) Yes – details of the consultation undertaken so is given in the report to Council.

3. Impact

 Are some people benefiting more – or less - than others? If so, why might this be?

a) No

2 of 3 Page 96 UNCLASSIFIED

4. Actions

 If the evidence suggests that the service benefits a particular group is there a justifiable reason for this and if so, what is it?

a) Not applicable

 Is it discriminatory in any way?

a) No

 Is there a possible impact in relationships or perceptions between different parts of the community?

a) No

 What measures can you put in place to reduce disadvantages?

a) Not applicable

 Do you need to consult further?

a) No

 Have you identified any potential improvements to customer service?

a) No

 Who should you tell about the outcomes of this analysis?

a) The report will go Council along with the analysis. The trade and public will be made aware of the revised policy by way of public notice on the Councils website.

 Have you built the actions into your Business Plan with a clear timescale?

a) Yes

 When will this assessment need to be repeated?

a) 2020

3 of 3 Page 97 This page is intentionally left blank

Gambling Act 2005 Policy Statement Consultation Letter to

Licensing Officer Please ask for: Richard Taylor Hyndburn Borough Council Direct Tel: 01482 590216 Email: [email protected] Licensing Section Our ref: RJT / LHF / 097505.00004 Scaitcliffe House #GS931724 Your ref: Ormerod Street Date: 23 August 2016 Accrington, Lancs BB5 OPF

Dear Sir/Madam,

Re: Gambling Act 2005 Policy Statement Consultation

We act for the Association of British Bookmakers (ABB) and have received instructions to respond on behalf of our client to the current consultation on the Council’s review of its gambling policy statement.

The Association of British Bookmakers (ABB) represents over 80% of the high street betting market. Our members include large national operators such as William Hill, Ladbrokes, Coral and Paddy Power, as well as almost 100 smaller independent bookmakers. Please see below for the ABB’s response to the Council's curent consultation on the draft 2016-19 gambling policy statement. This response starts by setting out the ABB’s approach in areas relevant to the local authority's regulation of betting shop premises, and its commitment to working with local authorities in partnership. The response finishes by highlighting matters within the policy statement which the ABB feels may need to be addressed. Betting shops have been part of the British high street for over 50 years and ensuring a dialogue with the communities they serve is vital. The ABB recognises the importance of the gambling policy statement in focusing on the local environment and welcomes the informed approach this will enable operators to take for example, with regard, to the new requirements for local area risk assessments and ensuring the right structures are in place in shops that are appropriate for that area. Whilst it is important that the gambling policy statement fully reflects the local area, The ABB is also keen to ensure that the statutory requirements placed on operators and local authorities under the Gambling Act 2005 remain clear; this includes mandatory conditions (for instance, relating to Think 21 policies) and the aim to permit structure. Any duplication or obscuring of these within new processes would be detrimental to the gambling licensing regime. The ABB also

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believes it is important that the key protections already offered for communities, and clear process (including putting the public on notice) for objections to premises licence applications, continue to be recognised under the new regime. Any consideration of gambling licensing at the local level should also be considered within the wider context.

 the overall number of betting shops is in decline. The latest Gambling Commission industry statistics show that numbers as at 31 Mar 2016 were 8,809 - a decline of over 300 since March 2014, when there were 9,137 recorded.

 recent planning law changes introduced in April 2015 have increased the ability of licensing authorities to review applications for new premises, as all new betting shops must now apply for planning permission.

 successive prevalence surveys and health surveys tells us that problem gambling rates in the UK are stable (0.6%) and possibly falling.

Working in partnership with local authorities The ABB is fully committed to ensuring constructive working relationships exist between betting operators and licensing authorities, and that where problems may arise that they can be dealt with in partnership. The exchange of clear information between councils and betting operators is a key part of this and the opportunity to respond to this consultation is welcomed.

LGA – ABB Betting Partnership Framework

In January 2015 the ABB signed a partnership agreement with the Local Government Association (LGA), developed over a period of months by a specially formed Betting Commission consisting of councillors and betting shop firms, which established a framework designed to encourage more joint working between councils and the industry. Launching the document Cllr Tony Page, LGA Licensing spokesman, said it demonstrated the "desire on both sides to increase joint-working in order to try and use existing powers to tackle local concerns, whatever they might be." The framework builds on earlier examples of joint working between councils and the industry, for example the Medway Responsible Gambling Partnership which was launched by Medway Council and the ABB in December 2014. The first of its kind in Britain, the voluntary agreement led the way in trialing multi-operator self-exclusion. Lessons learned from this trial paved the way for the national multi-operator self-exclusion scheme now in place across the country. By phoning a free phone number (0800 294 2060) a customer who is concerned they are developing a problem with their gambling can exclude themselves from betting shops close to where they live, work and

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socialise. The ABB is working with local authorities to help raise awareness of the scheme, which is widely promoted within betting shops. The national scheme was first trialed in Glasgow in partnership with Glasgow City Council. Cllr Paul Rooney, Glasgow’s City Treasurer and Chairman of a cross-party Sounding Board on gambling, described the project as "breaking new ground in terms of the industry sharing information, both between operators and, crucially, with their regulator.”

Primary Authority Partnerships in place between the ABB and local authorities

All major operators, and the ABB on behalf of independent members, have also established Primary Authority Partnerships with local authorities. These Partnerships help provide a consistent approach to regulation by local authorities, within the areas covered by the Partnership; such as age-verification or health and safety. We believe this level of consistency is beneficial both for local authorities and for operators. For instance, Primary Authority Partnerships between Milton Keynes Council and Reading Council and their respective partners, Ladbrokes and Paddy Power, led to the first Primary Authority inspection plans for gambling coming into effect in January 2015. By creating largely uniform plans, and requiring enforcing officers to inform the relevant Primary Authority before conducting a proactive test-purchase, and provide feedback afterwards, the plans have been able to bring consistency to proactive test-purchasing whilst allowing the Primary Authorities to help the businesses prevent underage gambling on their premises.

Local area risk assessments Since April 2016, under new Gambling Commission LCCP provisions, operators are required to complete local area risk assessments identifying any risks posed to the licensing objectives and how these would be mitigated. Licensees must take into account relevant matters identified in the licensing authority’s statement of licensing policy, and any local area profile, in their risk assessment. These must be reviewed where there are significant local changes or changes to the premises, or when applying for a variation to or for a new premises licence. The ABB fully supports the implementation of risk assessments which will take into account risks presented in the local area, such as exposure to vulnerable groups and crime. The new requirements build on measures the industry has already introduced through the ABB Responsible Gambling Code to better identify problem gamblers and to encourage all customers to gamble responsibly. This includes training for shop staff on how to intervene and direct problem gamblers to support services, as well as new rules on advertising including banning gaming machine advertising in shop windows, and the introduction of Player Awareness Systems which use technology to track account

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based gaming machine customers' player history data to allow earlier intervention with any customers whose data displays known 'markers of harm'.

Best practice The ABB is committed to working pro-actively with local authorities to help drive the development of best practice with regard to local area risk assessments, both through responses to consultations such as this and directly with local authorities. The ABB and its members are open and willing to engage with any local authority with questions or concerns relating to the risk assessment process, and would encourage them to contact us. Westminster Council is one local authority which entered into early dialogue with the industry, leading to the development of and consultation on draft guidance on the risk assessment process, which the ABB and our members contributed to. Most recently one operator, Coral, has been working closely with the Council ahead of it issuing its final version of the guidance, which is welcomed. The final guidance includes a recommended template for the local area risk assessment which we would point to as a good example of what should be expected to be covered in an operator's risk assessment. It is not feasible for national operators to submit bespoke risk assessments to each of the c.350 local authorities they each deal with, and all operators have been working to ensure that their templates can meet the requirements set out by all individual local authorities. The ABB would be concerned should any local authority seek to prescribe what the form of an operator's risk assessment. This would not be in line with better regulation principles. Operators must remain free to shape their risk assessment in whichever way best meets their operational processes. The ABB has also shared recommendations of best practice with our smaller independent members, who although they deal with fewer different local authorities, have less resource to devote to developing their approach to the new assessments. In this way the ABB hope to encourage a consistent application of the new rules by operators which will benefit both them and local authorities.

Concerns around increases in the regulatory burden on operators

The ABB is concerned to ensure that any changes in the licensing regime at a local level are implemented in a proportionate manner. This would include if any local authority were to set out overly onerous requirements on operators to review their local risk assessments with unnecessary frequency, as this could be damaging. As set out in the LCCP a review should only be required in response to significant local or premises change. In the ABB’s view this should be where evidence can be provided to demonstrate that the change could impact the premises’ ability to operate consistently with the three licensing objectives.

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Any increase in the regulatory burden would severely impact ABB members at a time when overall shop numbers are in decline, and operators are continuing to absorb the impacts of significant recent regulatory change. This includes the increase to 25% of Machine Games Duty, limits to staking over £50 on gaming machines, and planning use class changes which require all new betting shops in England to apply for planning permission.

Employing additional licence conditions It should continue to be the case that additional conditions are only imposed in exceptional circumstances where there are clear reasons for doing so. There are already mandatory and default conditions attached to any premises licence which will ensure operation that is consistent with the licensing objectives. In the vast majority of cases, these will not need to be supplemented by additional conditions. The LCCP require that premises operate an age verification policy. The industry operates a policy called “Think 21”. This policy is successful in preventing under-age gambling. Independent test purchasing carried out by operators and the ABB, and submitted to the Gambling Commission, shows that ID challenge rates are consistently around 85%. The ABB has seen statements of principles requiring the operation of Challenge 25. Unless there is clear evidence of a need to deviate from the industry standard then conditions requiring an alternative age verification policy should not be imposed. The ABB is concerned that the imposition of additional licensing conditions could become commonplace if there are no clear requirements in the revised licensing policy statement as to the need for evidence. If additional licence conditions are more commonly applied this would increase variation across licensing authorities and create uncertainty amongst operators as to licensing requirements, over complicating the licensing process both for operators and local authorities Other concerns We would also request that where a local area profile is produced by the licensing authority that this be made clearly available within the body of the licensing policy statement, where it will be easily accessible by the operator and also available for consultation whenever the policy statement is reviewed.

Considerations specific to the 2016-2019 Statement of Principles Section 11 of Part A of the draft statement of principles deals with safeguarding against CSE. The ABB supports measures taken by local authorities to guard against CSE but it does not believe that the statement of licensing principles should impose additional requirements upon premises licence holders to guard against CSE. The licensing objective is the prevention of children and the vulnerable from being harmed or exploited by gambling. Betting offices are adult only environments and we respectfully submit, therefore, that the section headed “safeguarding

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against CSE” is redrafted such that it is clear that it is aimed at environments which may accommodate children such as family entertainment centres.

Paragraphs 12.9 to 12.14 deal with local risk assessments. We respectfully submit that these paragraphs need to be redrafted to remove references to matters that can have no bearing on whether or not the operation of a gambling premises will be reasonably consistent with the licensing objectives. For example, paragraph 12.10 refers to proximity of leisure centres, libraries, pay day loan and pawn shops. If an application for a new betting premises licence was made in the vicinity of any of these premises, it is difficult to see how such proximity could pose a risk to the licensing objectives. Similarly, the references to ethnicity, age and economic make-up of the local community need to be removed. The only way in which these could be relevant to a risk to the licensing objectives is if the licensing authority has predetermined that persons of a particular age, ethnicity or earning bracket are vulnerable or more or less likely to commit crime. The final bullet point of paragraph 12.11 suggests control measures that could be put into place to mitigate the risks. This bullet point needs to be redrafted so that it is clear that the use of CCTV cameras, the provision of magnetic door locks and employment of door supervisors are measures that could be considered and are not required by the licensing authority. Paragraph 12.14 indicates that the licensing authority is particularly concerned to prevent the clustering of gambling premises in one area of the borough. We respectfully submit that this paragraph should be redrafted as issues of “clustering” are a planning issue rather than a licensing issues. The suggestion that the authority is concerned about clustering is pejorative and contrary to the overriding principle that the licensing authority must “aim to permit” the use of premises for gambling contained within s153 Gambling Act 2005. Betting offices continue to promote a range of products and offer the ability for their customers to bet over the counter and by way of machines. Paragraphs 12.16 and 12.17 deal with machines and the issue of “primary gambling activity”. These paragraphs need to be redrafted in the light of the new LCCP which will have effect from 31 October and the case of Luxury Leisure v the Gambling Commission – May 2014. In that case it was held that condition 16 (primary gambling activity) does not require a contest between over the counter betting and the use of machines. There must be sufficient facilities for betting as evidenced in paragraph 12.17 if gaming machines are to be utilized but the requirement is that the facilities are available. The actual use of those facilities is not an issue. For that reason, the final sentence of paragraph 12.16 needs to be deleted as there is no requirement for operators to demonstrate that betting will continue to be the primary activity of premises when seeking variation to licences. The requirement is that sufficient facilities for betting are available. All references to primary gambling activity are also removed by the new LCCP. Paragraph 12.31 of the draft statement of principles causes the ABB significant concern and we respectfully submit that this paragraph be redrafted to contain a simple reiteration of the principle

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that each application will be determined on its own merits. As it stands at the moment this paragraph seems to suggest that the licensing authority may adopt a policy that there are certain areas where gambling premises should not be located. Paragraphs 12.47 to 12.50 explain the licensing authority’s approach to the imposition of conditions. The ABB was pleased to see the recognition in paragraph 12.5 that conditions over and above the mandatory and default conditions will only be imposed if there is evidence of a risk to the licensing objectives not already addressed by the mandatory and default conditions. In the circumstances, the section with regard to conditions would be assisted by a clear indication that the starting point for consideration of any application is that it will be granted subject only to the mandatory and default conditions as these are usually sufficient to ensure operation that is reasonably consistent with the licensing objectives. The statement within paragraph 12.5 that “additional conditions will only be imposed where there is evidence of a risk to the licensing objectives that requires that the mandatory and default conditions should be supplemented” should be reiterated within this section. The statement of principles should be clear of the need for evidence of a risk to the licensing objectives and that additional conditions should not be imposed where it is considered “ appropriate” (paragraph 12.2) or where there is a “perceived need” (paragraph 12.48). Paragraph 17.2 and 17.3 are headed “Betting Machines”. These paragraphs need to be amended so that it is clear that whilst the licensing authority has the power to restrict the number of betting machines, there is no such power to restrict the number of gaming machines. By virtue of s172(8) Gambling Act 2005 the holder of a betting premises licence may make available for use up to 4 gaming machines. Conclusion The ABB and our members are committed to working closely with both the Gambling Commission and local authorities to continually drive up standards in regulatory compliance in support of the three licensing objectives: to keep crime out of gambling, ensure that gambling is conducted in a fair and open way, and to protect the vulnerable. Indeed, as set out, we already do this successfully in partnership with local authorities now. This includes through the ABB Responsible Gambling Code, which is mandatory for all our members, and the Safe Bet Alliance (SBA), which sets voluntary standards across the industry to make shops safer for customers and staff. We would encourage local authorities to engage with us as we continue to develop both these codes of practice, which are in direct support of the licensing objectives, as well as our processes around local area risk assessments.

Yours faithfully,

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GOSSCHALKS

Queens Gardens, Hull, HU1 3DZ. T 01482 324252. F 0870 600 5984 E [email protected]. W www.gosschalks.co.uk. DX 11902 – Hull

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GAMBLING ACT 205 – REVIEW OF STATEMENT OF PRINCIPLES

SUMMARY OF PROPOSED CHANGES TO EXISTING POLICY FOLLOWING CONSULTATION

March 2017

Paragraph Title/descriptionii Proposed amendmentiii Reasoniv numberi 11 Safeguarding against 11.1 The Council acknowledges children are not Clarity in relation to the access permitted access to most gambling premises. CSE of children to gambling However where children are permitted access to for example Family Entertainment Centres, Tracks premises. etc. applicants should ensure that suitable

management controls are in place to safeguard

chlidren against the risk of CSE. Applicants should be equally aware of children in the

proximity of the premises that may be waiting for, or seeking, older persons.

11.2 Suitable management controls which could be put in place to safeguard children against the risk of CSE, may include, but are not limited to:

 awareness training for staff; 11  recording concerns and reporting these to the police.

11.3 Removed the requirement for staff at licensed Too onerous and not premises to be aware of children outside of the premises developing relationships with an older enforceable

Page 107 Page person.

12 General principles Inserted words:- 12.5-12.10 Changes to the requirements

Licence conditions are one method by which it is under the legislation possible to mitigate risks associated with a particular premises. The imposition of licence conditions might be prompted by locality specific evidence based risks. If additional conditions are to be imposed, they will be imposed following evidence heard of risk to the licensing objectives not already addressed by the mandatory and default conditions

Wherever possible and where there are justifiable concerns the licensing authority will have a proactive engagement with local operators to mitigate risks to the licensing objectives. Such engagement could facilitate an open and constructive partnership which, in turn would aim to improve compliance and reduce regulatory costs.

The Gambling Commissions Licensing Conditions and Code of Practice (LCCP) document contains two types of code provisions:

 Social responsibility code provisions: compliance with these is a condition of licences

 Ordinary code provisions: These do not have the status of operator licence conditions but set out good practice. Operators may adopt alternative approaches to those set out in ordinary code provisions if they have actively taken account of the ordinary code provisions and can demonstrate Page 108 Page that an alternative approach is reasonable in the operator’s particular circumstances; or that to take an alternative approach would be acting in a similar effective manner.

To improve the exchange of information between licensing authorities and operators, the Commission has introduced social responsibility code provisions that require operators of premises-based businesses to conduct local risk assessments (SR 10.1.1), and an ordinary code provision that says licensees should share their risk assessments with licensing authorities in certain circumstances (OC 10.1.2).

SR 10.1.1 which came into force on 6th April 2016 applies to non-remote licensees who hold or are applying for premise licences. The provision requires licensees to assess and have policies, procedures and control measures to mitigate local risks to the licensing objectives, taking account of the licensing authority’s statement of licensing policy. It goes on to require local risk assessments to be reviewed when there are significant changes in local circumstances or at the premises, or when applying for a new licence or a variation of a licence. The risk assessments should be carried out to identify specific risks to the licensing objectives in the local area and to assess whether control measures going beyond standard control measures are needed.

The licensing authority when considering an application in relation to the grant or variation of

Page 109 Page the premise licence will expect to see a risk assessment that has been carried out as per the above provision and will give consideration to that risk assessment before making a decision.

12.11 12 General Principles In line with legislation as Amended the wording to say ‘measures that could be considered include where necessary’ rather than ‘The conditions should only be control methods to be put in place’ added where necessary

12 General Principles Amended wording Remove reference to 12.14 When a completed assessment is provided with a clustering of premises as this new application or with a variation application, the licensing authority will consider the assessment in should be dealt with through the course of determining whether to grant the planning policy. application or not. Some control mechanisms identified in the assessment may be added to the licence as conditions to address any significant local concerns. The licensing authority is particularly concerned –

 to ensure that staff are trained and supported to identify and work with problem gamblers.  to ensure that measures are in place to prevent underage gambling

12 General Principles Deleted final sentence in 12.16

There is no requirement under

12.16 Operators will need to demonstrate that betting the Act for operators to will continue to be the primary activity of the demonstrate that betting will premises when seeking variations to licences.

Page 110 Page continue to be the primary

activity of premises when

seeking variations of licences. The requirement is that sufficient facilities for betting are available

12.31 General Principles Inserted:-

and each application will be decided on its merits Clarification

12.47 General Principles Inserted:-  .Any conditions we attach to licences will be Clarification proportionate and If additional conditions are to be imposed, they will be imposed in response to evidence of risk to the licensing objectives not already addressed by the mandatory and default conditions.

17.3 Betting Machines Inserted;- Clarification By virtue of S172(8) of the Gambling Act 2005 the holder of a Betting Premise Licence may make available for use up to 4 gaming machines.

i List in this column the paragraph number from the licensing policy as published by your authority. Only list those paragraphs which are proposed to be amended ii Set out the paragraph or section heading to give an indication of the matter covered by the paragraph iii Insert details of the proposed amendment eg “delete X”, “insert Y”, “insert replacement as follows ‘Z...’” iv Page 111 Page Where possible, give a reason for making the amendment eg “to correct an error”, “transitional provisions are no longer relevant” This page is intentionally left blank Agenda Item 9.

CABINET

Wednesday, 4th January, 2017

Present: Councillor Miles Parkinson (in the Chair), Councillors Clare Cleary, Paul Cox, Munsif Dad and Ken Moss

In Attendance: Councillors Tony Dobson, June Harrison, Eamonn Higgins, Terry Hurn, Abdul Khan and Paul Thompson

Apologies: Councillor Gareth Molineux

303 Apology for Absence

An apology for absence was submitted from Councillor Gareth Molineux.

304 Declarations of Interest and Dispensations

There were no declarations of interest or dispensations.

305 Minutes of Cabinet

The Minutes of the meeting of Cabinet held on 7th December 2016 were submitted for approval as a correct record.

Resolved - That the Minutes be received and approved as a correct record.

306 Reports of Cabinet Members

There were no reports.

307 Council Tax Base 2017-2018

The Leader of the Council (Councillor Miles Parkinson) submitted a report relating to the Council Tax Base for the financial year 2017/2018. In accordance with Section 35 of the Local Government Finance Act 1992, the Council was required to formally determine the Council Tax Base for 2017/2018 prior to 31st January 2017. That determination allowed the Council to notify the major preceptors (Lancashire County Council, Police and Crime Commissioner for Lancashire and Lancashire Combined Fire Authority) by 31st January of the Council Tax Base. The requisite calculations for Hyndburn and Altham (attached as Appendices A and B respectively to the report) had to be carried out in accordance with the Local Authorities (Calculation of Council Tax Base) Regulations 2012 and once determined, could not be changed. That Base had to be used when the Council set the levels of Council Tax for the year 2017/2018. It was proposed that the Tax Base for Hyndburn for the financial year 2017/2018 be 20,197 which was an increase from last year’s Tax Base of 1,108 (19,089) and that the 2017/2018 Tax Base for Altham be 305 which was an increase from last year’s Tax Base of 4 (301). A Customer First Analysis (Equality and Diversity Implications) was attached at Appendix C to the report. Approval of the report was not deemed a key decision.

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Reasons for Decision

It was a statutory requirement to set a Council Tax Base.

Alternative Options Considered and Reasons for Rejection

Failure to set a Council Tax Base was not an option. Resolved (1) That the report be approved; (2) That in accordance with the Local Authorities (Calculation of Tax Base) Regulations 2012, the amount calculated by the Council as its Council Tax Base for the financial year 2017/2018 be 20,197; and, (3) That in accordance with the Local Authorities (Calculation of Tax Base) Regulations 2012, the amount calculated by the Council for its Council Tax Base for the Parish of Altham for the financial year 2017/2018 be 305.

The following item was submitted as urgent business with the Chair’s agreement in accordance with Section 100B(4) of the Local Government Act 1972, the reason being to allow the Development Management Development Plan Document to be submitted to the Secretary of State for independent examination.

308 Development Management Development Plan Document Submission (Regulation 22)

The Leader of the Council submitted a report advising Cabinet of the statutory consultation exercise held on the Development Management Development Plan Document (DM DPD) Publication version, and seeking approval of the ‘Council Response’ attached to the report to allow the Development Plan Document to be submitted to the Secretary of State for independent examination. A Customer First Analysis was also appended to the report. A separate report ‘Development Management Development Plan Document Publication – Representations and proposed Council Response was also attached to the Cabinet report. The Leader reported that representations received on ‘legal compliance’ of the Document had been withdrawn. Approval of the report was not deemed a key decision.

Reasons for Decision

1) The Development Management Development Plan Document formed an important part of the new Local Plan for Hyndburn and set out the more detailed planning policies to be used by Development Management Officers and Planning Committee in determining planning applications for the Borough. Once complete, the Document would sit alongside the Core Strategy and Accrington Area Action Plan, parts of the Local Plan already adopted by the Council in 2012. The Document would replace the majority of Local Plan (1996) Polices that remained extant.

2) The Publication Development Management Development Plan Document contained 39 Policies in total and the Development Management Development Plan Document provided nine ‘Guidance Notes’ and also comprised ‘Policy Maps’. The Publication Version of the Document had been open for comment for a period of six weeks between 29th September and 10th November 2016 and a total of 18 organisations had made representations.

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3) At this stage of production, the Development Plan Document , comments/representations should only relate to the ‘legal compliance’ of the Document (with regards to the Town and Country Planning (Local Planning) (England) Regulations 2012, Duty to Co-operate and Procedural Requirements) or the ‘soundness’ of the Document. Table 1 of the Cabinet report provided a summary of the comments received, in relation to those two key tests. Table 2 of the Cabinet report provided a breakdown of the representations made in relation to the ‘soundness’ of the document.

Alternative Options Considered and Reasons for Rejection

The Development Management Development Plan Document had been prepared in accordance with the Town and Country Planning (Local Planning) (England) Regulations 2012 and as the preparation of the Document had to be in accordance with the legal framework, there were no alternative options for its preparation. Resolved (1) That the number of representations received to the Publication Development Management Development Plan Document and the summary of the main issues raised be noted; and, (2) That the Development Management Development Plan Document Publication Version and the proposed ‘Council Response’ be approved for submission to the Secretary of State.

The following item was submitted as urgent business with the Chair’s agreement in accordance with Section 100B(4) of the Local Government Act 1972, the reason being to be able to produce a masterplan and financial viability appraisal and delivery strategy within the required timescale.

309 Huncoat Housing Zone / Garden Village

The Leader of the Council submitted a report on the Government’s recent decision to grant Huncoat Housing Zone status as part of the Pennine Lancashire Housing Zone. A Plan showing the proposed Housing Zone Study Area was appended to the report. Approval of the report was not deemed a key decision.

Reasons for Decision

1) Huncoat Village and surrounding area was subject to strategic housing and employment land allocations within the Hyndburn Core Strategy 2012, centred on the former colliery and power station sites. Those allocations, together with other land in the wider Huncoat area, provided a major opportunity for meeting the Borough’s future housing needs and economic growth.

2) It had been acknowledged and endorsed by the Department of Communities and Local Government to award Huncoat Housing Zone status as part of the Pennine Lancashire Housing Zone. Due to its strategic potential, Huncoat was also subject to an Expression of Interest to Government to become part of the Government’s Garden Village Programme.

3) Housing Zones are part of the government’s policy to accelerate new housing building on brownfield land with Government making available nationally £3 billion of recoverable investment funding for the private sector to build new homes. Housing Zone status for Huncoat gives the Council priority access to a £18 million Government fund to

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undertake planning work and project management in order to bring the Huncoat Housing Zone to the point of delivery.

4) On 9th December 2016, the Council had submitted a bid totalling £374,000 to the Government’s Large Sites and Housing Zones Capacity Fund which would cover, in full, the technical studies and project management costs essential to accelerating growth in Huncoat through the production of a Masterplan and Financial Viability Appraisal and Delivery Strategy.

Alternative Options Considered and Reasons for Rejection

The Masterplan would be subject to option development that would probably comprise of three options, as follows:- a) Policy compliant scenario, based on existing Core Strategy allocations and policies (up to 8001 new homes). b) A medium growth scenario (800 – 1,500 new homes). c) A maximum growth option (1,500 – 2,000 new homes).

1The current strategic housing site had capacity for circa 450 homes, however, the development of a further 150 homes on employment land would be policy compliant in order to help bring forward employment / development infrastructure. Resolved (1) That the recent decision of the Department of Communities and Local Government to award Huncoat Housing Zone status be noted and welcomed; (2) That subject to resources, the production of a Masterplan which would be developed in consultation with residents for the proposed Housing Zone study area (Appendix 1 to the report), including a Financial Viability Appraisal and Delivery Strategy that would aim to unlock housing and employment land for development and at the same time provide a planning framework and spatial plan that maximised the place- making potential for Huncoat, be approved; and, (3) That it be noted that Huncoat could make a major contribution towards the future housing growth in the Borough with the potential (under the maximum growth option referred to in Paragraph 4.1 of the report) for up to 2,000 new homes in the long term. That would be subject to the proposed Masterplan vision and emerging planning policy (the Local Plan).

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The following item was submitted as urgent business with the Chair’s agreement in accordance with Section 100B(4) of the Local Government Act 1972, the reason being to enable the consultation exercise to be carried out within the prescribed timescale.

310 Proposal to Designate a Private Landlord Selective Licensing Scheme (Parts of Accrington and Church)

The Portfolio Holder for Housing and Regeneration (Councillor Clare Cleary) submitted a report seeking agreement to consult all persons likely to be affected by the proposed selective licensing designation of parts of Accrington and Church. The draft consultation proposal to designate was appended to the report. Approval of the report was deemed a key decision.

Reasons for Decision

1) Hyndburn’s current selective licensing designation in parts of Accrington and Church would come to an end on 30th November 2017 and over the last 4-5 months, officers had been undertaking activity in connection with the draft consultation proposal to designate a private landlord selective licensing scheme in parts of Accrington and Church.

2) Preliminary pre consultation with members of Hyndburn’s Private Landlord Liaison Group had been carried out during August and September 2016 to gather initial views on the possibility of a further designation. Comments received had been taken into account in preparing the designation proposal.

3) Under Section 80 of the Housing Act 2004, local housing authorities had the power to designate either the whole or part of their district areas as subject to selective licensing, subject to two prerequisites. Firstly, housing authorities were required to have taken reasonable steps to consult persons likely to be affected by the designation and to consider any representations made in response. Secondly the Act required that the proposed licensing scheme must satisfy one or more of a number of specified statutory conditions set out in the Act.

4) The amended Department of Communities and Local Government Guidance on Selective licensing in the private rented sector extended the conditions for designation of selective licensing in England.

Alternative Options Considered and Reasons for Rejection

1) The draft designation proposal included an Option Appraisal that considered the alternative ‘tools’ available to the Council in addressing the standard of management in the private rented sector and the reasons why those alternatives had been rejected.

2) As part of the evidence base for presenting the case for the proposed designation, the report considered whether the current designation had succeeded, failed or needed additional time to meet the original objectives. It concluded that whilst progress had been made in improving and stabilising low housing demand in the designation area, a further designation was required in order to support onging activity to reduce low housing demand. Resolved (1) That the draft consultation proposal to designate a private landlord selective licensing scheme in parts of Accrington and Church (as appended to the report) be approved;

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(2) That it be noted that the selective licensing designation proposal was based on one ground under Part 3 of the Housing Act 2004, as follows:-

 That the area was, or was likely to become, an area of low housing demand; and,

 That making a designation would, when combined with other measures taken in the area by the local housing authority, or by other persons together with the local housing authority, contribute to the improvement of the social or economic conditions in the area – S80(3) (a) and (b). (3) That consultation with all persons likely to be affected by the proposed selective licensing designation be authorised for a period of 12 weeks as set out in the draft Selective Licensing designation (see Appendix) in accordance with relevant Government guidance; (4) That the Head of Regeneration and Housing be requested to report back to Cabinet at a later date with the outcome of the consultation to enable Cabinet to consider whether to make a selective licensing designation for parts of Accrington and Church (and if on the basis set out in the Appendix to the report or on a difference basis having regard to the outcome of the consultation); (5) That it be noted that the proposed selective licensing designation was an extended area when compared to the existing designation for parts of Accrington and Church and included additional areas in West Accrington, Church, Spring Hill, Peel and the town centre (see map in the Appendix). That equated to approximately 1000 additional properties.; and, (6) That a 60 Minute Briefing Session on the success, and benefits of the current selective licensing designation and the criteria for the proposed selective licensing designation be arranged for all Members of the Council.

The following item was submitted as urgent business with the Chair’s agreement in accordance with Section 100B(4) of the Local Government Act 1972, the reason being enable a number of Hyndburn households to benefit from the installation of new central heating systems.

311 Department of Energy and Climate Change Central Heating Fund

The Portfolio Holder for Housing and Regeneration submitted a report seeking approval to enter into a Central Heating Fund Scheme Host Authority and Accountable Body Agreement with Blackburn with Darwen Borough Council to enable a number of Hyndburn households to benefit from the installation of new central heating systems. Approval of the report was not deemed a key decision.

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Reasons for Decision

1) The combined Lancashire local authorities, including Blackpool and Blackburn with Darwen Councils, secured funding to install first time gas central heating systems to fuel poor households in Lancashire. The Central Heating Fund is subject to a Memorandum of Understanding between the Department of Energy and Climate Change and Blackburn with Darwen Council with the latter being both the Accountable Body and Host Authority for the Fund.

2) The Fund would pay for the installation of full gas central heating systems to eligible households where one does not currently exist and would normally comprise of a condensing gas boiler and one radiator in each habitable room based on the Chartered Institute of Building Services Engineer’s Guidelines.

3) Blackburn with Darwen Council had run a series of adverts and approximately 20 eligible households in Hyndburn responded to take up the assistance offered. However, for the central heating systems to be installed, Hyndburn Council would have to enter into a legal Agreement and indemnify Blackburn with Darwen against liabilities it might incur in its role as accountable body and host for administering the fund. The main potential risks for Hyndburn Council were set out in Paragraph 3.6 of the report but in order to mitigate the risks, the installation contract would be between the installer and the grant applicant and any claims for loss, etc., should be directed to the installer (contractor) and not Blackburn with Darwen Council and / or Hyndburn Borough Council.

Alternative Options Considered and Reasons for Rejection

1) Cabinet could decide not to enter into the Agreement with Blackburn with Darwen Council.

2) The report sought delegated authority to conclude the legal terms and enter into the Agreement with Blackburn with Darwen Council and therefore there were no alternative proposals presented.

Resolved (1) That the opportunity for a number of Hyndburn households to benefit from new central heating systems via the Department of Energy and Climate Change Central Heating Fund be noted;

(2) That the financial and legal risks the Council was exposed to by entering into a Central Heating Fund Scheme Agreement with Blackburn and Darwen Borough Council, as described in Paragraph 3.6 of the report, be noted and acknowledged;

(3) That having considered the measures taken to significantly reduce the risk of any liability claims against Hyndburn Borough Council, authority be delegated to the Head of Regeneration and Housing to finalise terms of the Agreement following consultation with the Executive Director (Legal and Democratic Services), the Deputy Chief Executive and the Portfolio Holder for Housing and Regeneration; and,

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(4) That subject to finalising terms of the Agreement, the Executive Director (Legal and Democratic Services) be authorised to finalise and execute the Agreement.

The following item was submitted as urgent business with the Chair’s agreement in accordance with Section 100B(4) of the Local Government Act 1972, the reason being to ensure the latest up to date information was included in the report..

312 Financial Position 2016/17 - Report to End of November 2016

On behalf of the Portfolio Holder for Resources (Councillor Gareth Molineux), the Leader of the Council submitted a report on the financial spending of the Council at the end of November 2016 and the prediction of the outturn position to the end of the financial year in March 2017. The financial detail of the report was appended to the report. The spend against Budget in the first eight months of the year was £6,778,399 against a Budget of £7,254,198 leaving a positive variance of just over £475,000. The forecast spend for the year to 31st March 2017 was £10,758,000 against a budget of £11,283,000. A surplus of just under £524,000 by the end of the 2016/17 financial year was forecasted, making a Budget surplus of slightly more than 4.6% on the overall activities of the Council. Surpluses on Policy and Corporate Governance, Waste Services, Parks and Cemeteries, Culture and Leisure and Non Service Items currently outweighed the predicted adverse variances on Environmental Health, Planning and Transportation and Regeneration and Property Service. Approval of the report was not deemed a key decision.

Reasons for Decision

To inform Cabinet of the financial spending of the Council at the end of November 2016 and the prediction of the outturn position to the end of the financial year in March 2017.

There were no alternative options for consideration or reasons for rejection

Resolved - That the report be noted and Corporate Management Team be asked to continue to identify savings and generate a surplus on the 2016/17 Budget to assist with future potential financial pressures on the Council.

Signed:……………………………………………

Date: …………….…………………………………………

Chair of the meeting At which the minutes were confirmed

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CABINET

Wednesday, 8th February, 2017

Present: Councillor Miles Parkinson (in the Chair), Councillors Clare Cleary, Paul Cox, Munsif Dad, Gareth Molineux and Ken Moss

In Attendance: Councillors Mohammad Ayub, Tony Dobson, Eamonn Higgins, Terry Hurn, Abdul Khan and Paul Thompson

349 Apologies for Absence

There were no apologies for absence.

350 Declarations of Interest and Dispensations

There were no declarations of interest or dispensations.

351 Minutes of Cabinet - 4th January 2017

The Minutes of the meeting of the Cabinet held on 4th January 2017 were submitted for approval as a correct record.

Resolved - That the Minutes be received and approved as a correct record.

352 Reports of Cabinet Members

There were no reports.

353 Proposed Leasing of Council Land to Accrington Stanley Community Trust to Provide a Community Sports Hub

The Portfolio Holder for Education, Leisure and Arts (Councillor Ken Moss) submitted a report relating to the aspiration of Accrington Stanley Community Trust (ASCT) to lease an area of land from the Council to provide a community sports hub. Approval of the report was not deemed a key decision.

Reasons for Decision

(1) Accrington Stanley Community Trust was a charitable organisation which had been in existence since September 2010 and in order to make it more sustainable and to better deliver its aims and objectives, the Trust wanted to lease an area of land from the Council and develop it into a community sports hub. It was envisaged that the facilities would be a number of outdoor sports grass pitches, a number of all weather sports pitches and a community building that contained offices, coach education areas and a gym facility.

(2) The Trust had identified two preferred locations which had the potential to be used for a community sports hub. They were Higham Playing Fields in Accrington and

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Livingstone Road Playing Fields adjacent to the Accrington Stanley Football Club Stadium. The land at Livingstone Road was currently leased to Accrington Football and Sports Club and the Council would only consider that a suitable venue should the lease be surrendered / terminated.

(3) The Trust had received in principle funding from the Premier League and Accrington Stanley Football Club, as well as having access to funding of their own which added up to £1.5 million. The total cost for developing one of the preferred sites into a community sports hub was estimated to be £2 million and the Trust was currently looking to secure further funding from other external sources. To access the funding, the Trust had to undertake a feasibility study and would consult with any existing users of the site they hoped to develop, as well as the wider sporting community and local leagues in Hyndburn. Once the study had been completed, the Trust had agreed to present it to a future Cabinet meeting and a further report would be presented to Cabinet in due course to consider the grant of a lease to the Trust to accommodate the sports hub.

Alternative Options Considered and Reasons for Rejection

Do not work in partnership with the Trust to develop a community sports hub. That had been rejected as there was opportunity to invest £2 million into a sporting facility within the Borough, providing high quality sporting facilities and coaching for children, young people and adults of Hyndburn. Resolved (1) That the report be noted; (2) That it be agreed in principle to explore the opportunity to work with Accrington Stanley Community Trust to provide a community sports hub; and, (3) That authority be delegated to the Head of Parks and Cemeteries to work with Accrington Stanley Community Trust to formulate a proposal for a community sports hub to bring back to Cabinet for consideration at a later date.

354 Report of Overview and Scrutiny - Infant Mortality in Hyndburn

A report on a recent review of Infant Mortality in Hyndburn carried out by the Communities and Wellbeing Overview and Scrutiny Committee on 13th December 2016 was submitted. Approval of the report was not deemed a key decision.

The Leader of the Council responded to the recommendations of the Communities and Wellbeing Overview and Scrutiny Committee, as follows:-

(1) That this Council takes a proactive approach to infant mortality prevention, and Cabinet considers allocating a budget to support this.

Cabinet Response: Recommendation accepted.

(2) That, building on this Council’s successful smoke free play areas scheme, Cabinet introduces a smoke free policy to all Council events. This would be a voluntary code similar to the smoke free play areas scheme and would help promote the smoke free message, which should be stated on all our events promotional materials.

Cabinet Response: Recommendation accepted.

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(3) That, as Smoking Cessation Services are not statutory services which Local Authorities must provide and as resources allocated to the service are under threat and could be vulnerable in the future, Cabinet writes to Lancashire County Council to urge that they retain the service as a priority and allocate adequate resources to maintain the service.

Cabinet Response: Recommendation accepted.

(4) It is also recommended that Cabinet notes the additional recommendations below:-

That Lancashire County Council Public Health contribute to engage with Hyndburn Borough Council on infant mortality prevention providing advice and support on actions we can take to help raise awareness of infant mortality prevention.

That the Communities and Wellbeing Overview and Scrutiny Committee considers a further review of one or more of the causes of infant mortality, with a focus on the wards where infant mortality is the highest.

Cabinet Response: Recommendations noted.

Reasons for Decision

(1) The Communities and Wellbeing Overview and Scrutiny Committee had received a report and presentation from Lancashire County Council Public Health which focussed on infant mortality in Hyndburn and discussed the facts around infant mortality and the situation nationally, Lancashire wide and in Hyndburn.

(2) Infant mortality was a sensitive measure of the overall health of a population and provided an important measure of the wellbeing of infants, children and pregnant women. In Hyndburn there had been 56 cases of infant mortality during the ten year period 2006-15. There was a clear link between infant mortality and deprivation and 70% of infant deaths in Hyndburn were amongst residents living in the most deprived quintile. In previous years, Hyndburn Borough Council had been active in promoting infant mortality prevention through campaigns, safe sleep messages and Infant Mortality Prevention Group.

Alternative Options Considered and Reasons for Rejection

Cabinet could choose to accept or reject any of the recommendations. It should be noted that the recommendations in Paragraph 2.2 of the report were not aimed at Cabinet and were therefore for noting only. Resolved - That the Cabinet’s responses to the recommendations of the Communities and Wellbeing Overview and Scrutiny Committee, as set out above, be agreed and reported back to the Committee.

The following item was submitted as urgent business with the Chair’s agreement in accordance with Section 100B(4) of the Local Government Act 1972, the reason being to approve the lease of Bank Mill House.

355 Bank Mill House, Great Harwood

The Portfolio Holder for Housing and Regeneration (Councillor Clare Cleary) submitted a report seeking approval to the lease of Bank Mill House, Great Harwood (as shown edged

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red on the plan attached to the report) to Hyndburn Leisure for use as a community centre. Approval of the report was not deemed a key decision.

Reasons for Decision

(1) Bank Mill House was currently managed on an informal basis by a management committee consisting of local residents on the basis that the building had served the needs of senior citizens for many years. The current management arrangements enabled the management committee to keep all the income from allowing the building to be used for community purposes, with the Council paying all the costs associated with maintaining, cleaning, insurance and utility costs. It had not proved possible to formalise those management arrangements. Due to responsibilities with regard to health and safety legislation, financial management and insurance liabilities, it was essential that the management arrangements were put on a formal, legal footing. In addition, the current income generated by the management committee did not cover the outgoings for the building and arrangements to enable Bank Mill House to become financially self-sufficient needed to be put in place.

(2) As part of Hyndburn Leisure’s business case, it had been identified that the building was suitable for a number of community activities and different age groups. The new management arrangements should also help to support a number of social, economic and environmental objectives.

Alternative Options Considered and Reasons for Rejection

(1) Hyndburn Leisure had been approached to see whether it would be prepared to take on responsibility for managing the building. Hyndburn Leisure had experience of managing similar community buildings in the Borough. The Council had sought expressions of interest in managing Bank Mill House, but no other group had come forward.

(2) The Council’s Regeneration and Property Manager and the Parks and Cemeteries Manager were both satisfied with Hyndburn Leisure’s business proposals and were confident that the grant of a 25 year lease to Hyndburn Leisure was a suitable way forward. Resolved - That having been satisfied that the grant of the lease would promote or improve the economic, social or environmental well-being of the area and / or its residents:- (a) the grant of a 25 year lease of Bank Mill House to Hyndburn Leisure on a rent free basis from a date to be agreed, be approved; and, (b) authority be delegated to the Head of Regeneration and Housing, following consultation with the Portfolio Holder for Housing and Regeneration, to agree detailed terms for the proposed lease.

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The following item was submitted as urgent business with the Chair’s agreement in accordance with Section 100B(4) of the Local Government Act 1972, the reason being to amend the Council’s Private Sector Housing Renewal Policy to include the eligibility criteria for Energy Savings / Affordable Warmth Grants.

356 Private Sector Renewal Policy - Improvements in the Energy Efficiency of Homes

The Portfolio Holder for Housing and Regeneration submitted a report seeking approval to introduce additional eligibility rules for the receipt of an Energy Savings / Affordable Warmth Grant and to amend the Council’s Private Sector Housing Renewal Policy accordingly. Approval of the report was not deemed a key decision.

Reasons for Decision

(1) The Council’s Private Sector Housing Renewal Policy had been adopted on 7th September 2006 and contained a range of tools to assist more vulnerable households in the Borough, including Energy Savings Grants to assist in the provision of works to improve the energy efficiency of a residential dwelling. The Grants had been awarded by the Council between 2006/07 to 2012/13.

(2) For 2016/17, the Council had received funding from Lancashire County Council’s Green Energy Fund to deliver high impact affordable warmth interventions to individuals and households who were most vulnerable to harm from cold or damp homes. Eligibility criteria for receipt of the funding had been determined by the funders (Lancashire County Council) and eligible households had to meet dual criteria in respect of fuel poverty and health related issues to qualify for assistance. The Council would be administering applications for the funding in a similar way to the previous Energy Savings Grants. The grants had now been renamed Affordable Warmth Grants and had different eligibility criteria. All other administrative procedures outlined in the Policy remained the same.

Alternative Options Considered and Reasons for Rejection

The proposed Policy amendments would introduce greater flexibility when awarding funding to households to assist in improving the energy efficiency of homes in Hyndburn. Retaining the existing Policy criteria would limit the eligibility to households with a member over 60 years of age and would not comply with the eligibility criteria set by the funders (Lancashire County Council).

Resolved - That the Council’s Private Sector Housing Renewal Policy be amended to include the eligibility criteria for Energy Savings / Affordable Warmth Grants, as outlined in Paragraph 3.3 of the report, and authority be delegated to the Head of Regeneration and Housing to implement the additional / amended rules as part of the Council’s Private Sector Housing Renewal Policy.

The following item was submitted as urgent business with the Chair’s agreement in accordance with Section 100B(4) of the Local Government Act 1972, the reason being to ensure the latest up to date information was included in the report.

357 Revenue Budget Update December 2016/17

The Portfolio Holder for Resources (Councillor Gareth Molineux) submitted a report relating to the financial spending of the Council at the end of December 2016 and the prediction of

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the outturn position to the end of the financial year in March 2017. The financial detail of the report was appended to the report. The spend against Budget in the first nine months of the year was £7,755,515 against a Budget of £8,279,329 leaving a positive variance of just over £524,000. The forecast spend for the year to 31st March 2017 was £10,780,000 against a Budget of £11,283,000. A surplus of just under £503,000 by the end of the 2016/17 financial year was forecasted, making a Budget surplus of slightly more than 4.4% on the overall activities of the Council. Surpluses on Policy and Corporate Governance, Waste Services, Parks and Cemeteries, Culture and Leisure and Non Service items, currently outweighed the predicted adverse variances on Environmental Health, Planning and Transportation and Regeneration and Property Service. Approval of the report was not deemed a key decision.

Reasons for Decision

To inform Cabinet of the financial spending of the Council at the end of December 2016 and the prediction of the outturn position to the end of the financial year in March 2017.

There were no alternative options for consideration or reasons for rejection.

Resolved - That the report be noted and Corporate Management Team asked to continue to identify savings and generate a surplus on the 2016/2017 Budget to assist with future potential financial pressures on the Council.

The following item was submitted as urgent business with the Chair’s agreement in accordance with Section 100B(4) of the Local Government Act 1972, the reason being to ensure the latest up to date information was included in the report.

358 Medium Term Financial Strategy 2017/18 to 2019/20

The Portfolio for Resources submitted a report relating to the three year projections of income and spending for the Council ahead of formulating its 2017/18 Revenue and Capital Budget. The Medium Term Financial Strategy was attached to the report and set out for the next three years:-

(a) The way in which the Council went about its financial planning processes, especially in relation to the corporate budget planning cycle, which was subject to the Budget and Policy Framework Procedure Rules.

(b) An updated action plan for the process and arrangements for reporting on progress to date in formulating and updating future years’ budgets. Specifically the report updated the Medium Term Financial Strategy presented to Cabinet in October 2016.

Appendix 1 of the Strategy set out the background to the current budget predictions in figures to give an idea of commitments, funding and potential Council Tax levels. Two further scenarios were provided in Appendices 2 and 3 to outline the potential range of values over the coming period. Appendix 2 indicated the outer level of what the Council could face in a pessimistic future, whilst Appendix 3 showed an optimistic forecast based on many things going in the Council’s favour over the next three years. The figures in Appendix 1 however remained the current best estimate of the likely financial position over the next three years.

The following aspects were addressed in the Strategy:-

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 Introduction  Objectives  Elements of the Medium Term Financial Strategy  Service Planning to Support Overall Strategy  Integrated Resource Planning with Service Plans  Background Information  Financial Analysis 2017/18 to 2019/20  Changes in Costs  Growth  Reserves  Other Assumptions  Equality Impact Assessment  Scenarios  Robustness of Forecast  Overall Net Position

Approval of the report was not deemed a key decision.

Reasons for Decision

Cabinet required an update on its medium term financial outlook ahead of setting the Budget for 2017/18 and determining the level of Council Tax. The report also ensured those decisions were taken with a view to the overall position of the Council going forward and were not limited to a narrow one year perspective.

There were no alternative options for consideration or reasons for rejection.

Resolved - That the report and accompanying Medium Term Financial Strategy (MTFS) be approved.

The following item was submitted as urgent business with the Chair’s agreement in accordance with Section 100B(4) of the Local Government Act 1972, the reason being to ensure the latest up to date information was included in the report.

359 Performance Indicators and Treasury Management Strategy

The Portfolio Holder for Resources submitted a report setting out the Council’s policy and objectives with respect to treasury management, explaining how it would achieve its objectives and manage its activities and seeking agreement to an investment strategy for 2017/18. The Minimum Revenue Provision Policy Statement 2017/18 and the Treasury Management Policy Statement 2017/18 were attached to the report as Appendices 1 and 2 respectively. The Treasury Management Practices 2017/18 were set out in Paragraph 14 of the report and Appendix 3.

The Prudential Code for Capital Finance in Local Authorities was a professional code which set out the framework for self-regulation of capital spending and financing. It allowed councils to invest in capital projects without any limit as long as such investment was affordable, prudent and sustainable. The Code was produced by Cipfa and required the Council to agree and monitor a minimum number of prudential indicators (including limits and statements) which related to affordability, prudence, capital expenditure, external debt and treasury management. The indicators were purely for internal use and were not designed to be used as comparators between councils.

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The Council was also required to set out its Treasury Management and Investment Strategy for borrowing and investment activities and the effective management of associated risks, in accordance with the Chartered Institute of Public Finance and Accountancy (Cipfa) Code of Practice on Treasury Management in Public Services, as revised or supplemented by Cipfa from time to time.

The following aspects were addressed in the report:-

 Prudential Code and Prudential Indicators  Capital Expenditure and Capital Financing Requirement  Estimated Capital Expenditure  Minimum Revenue Provision  Affordability Prudential Indicators  Treasury Management Strategy 2017/18 – 2019/20  External Debt Overall Limits  External v Internal Borrowing  Limits on Activity  Debt Rescheduling  Investment Strategy  Treasury Management Practices  Policy on the Use of External Service Providers  Treasury Management Strategy In-Year and Year End Reporting

Approval of the report was not deemed a key decision.

Reasons for Decision

(1) Treasury management was defined as the management of the Council’s investment and cash flows, its banking, money market and capital market transactions, the effective control of the risks associated with those activities and the pursuit of optimum performance consistent with those risks.

(2) The Council was required to operate a balanced budget which meant that cash raised during the year would meet cash expenditure. Part of treasury management was to ensure the cash flow was properly planned with cash available when needed. Surplus monies were invested in line with the Council’s low risk preferences.

(3) The second function of treasury management was funding the Council’s capital plans. The plans gave a guide to the future borrowing need of the Council. The management of that longer term cash flow might involve arranging long or short term loans or using longer term cash flow surpluses. Occasionally, outstanding debt might be restructured to reduce Council risk or meet cost objectives.

(4) The report had been prepared in line with the Treasury Management Code and Guidance (2013) written by the Chartered Institute of Public Finance and Accountancy (Cipfa). In the case of local authorities in England and Wales, the Code was significant under the provisions of the Local Government Act 2003. That required local authorities ‘to have regard (a) to such guidance as the Secretary of State might issue, and (b) to such other guidance as the Secretary of State might by regulations specify’. Paragraph 24 of the Local Authorities (Capital Finance and Accounting) (England) Regulations 2003 required local authorities to have regard to that guidance and acceptance of the report fulfilled those obligations.

There were no alternative options for consideration or reasons for rejection.

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Resolved - That Council be recommended to:-

(i) Adopt the prudential indicators and limits detailed in the report;

(ii) Approve the Treasury Management Strategy and associated indicators, as set out in Section 8 of the report;

(iii) Approve the Investment Strategy, as set out in Section 13 of the report;

(iv) Approve the Minimum Revenue Provision (MRP) for the year 2017/18, as set out in Appendix 1 of the report;

(v) Approve the Treasury Management Policy Statement 2017/18, as set out in Appendix 2 of the report;

(vi) Approve the Treasury Management Practices Statement 2017/18, as set out in Appendix 3 of the report.

The following item was submitted as urgent business with the Chair’s agreement in accordance with Section 100B(4) of the Local Government Act 1972, the reason being to ensure the latest up to date information was included in the report.

360 General Revenue Budget 2017/18

The Portfolio Holder for Resources submitted a report setting out proposals for the 2017/18 General Fund Revenue Budget. The report also provided an overview of key issues which had arisen from the Medium Term Financial Strategy. The decision to set the Budget would be a key decision of the Council and the role of the Cabinet was to recommend a proposed Budget to Council. The 2017/18 Revenue Budget required a net expenditure of £11,197,000 and under the budget proposals, Council Tax for Hyndburn residents would rise for Hyndburn Council provided services by £5.00 per year for a Band D property. The amounts due for each band were shown at Appendix 4 to the report. The increase was equivalent to 10p per week for a Band D property, but for most residents the increase would be less than 7p per week as the majority of households in Hyndburn were Band A properties that paid two-thirds the value of a Band D property in Council Tax. The increase was the first rise in Council Tax for Hyndburn services since 2009/10 and represented an averaged annual 0.3% increase over the full period since 2009/10. Altham Parish Council had set a separate precept requirement for its activities for the ninth time in 2017/18 and had increased its charge for a Band D property by £2.00 per year. That would produce a Band D charge in Altham Parish of £40.27 for the year and a precept on the Collection Fund of £12,282. Details of the impact of the potential increase on other Bandings for properties in Altham were shown in Appendix 6 to the report. The following information was attached to the report:-

Appendix 1 - Initial Outline Budget 2017/18 Appendix 2 - Revenue Budget 2017/18 Appendix 3 - Composite Saving List 2017/18 Appendix 4 - Hyndburn Borough Council Tax Increase 2017/18 by Property Band

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Appendix 5 - Overall Change in Council Tax 2017/18 Appendix 6 - Altham Parish Precept 2017/18 by Property Valuation Band

Approval of the report was not deemed a key decision.

Reasons for Decision

The recommendations in the report provided an appropriate platform on which the Cabinet could recommend a Budget for the Council which met the objectives and key priorities of the people of Hyndburn.

Alternative Options Considered and Reasons for Rejection

A wide number of individual proposals had been put forward to produce a Balanced Budget. Options had been rejected on a variety of grounds including policy objectives, practicalities and the potential for additional costs to be incurred. Further options might be presented at the Council meeting on 23rd February 2017. Resolved (1) That it be proposed that Council Tax for 2017/18 be increased by £5.00 per year for a Band D property which was equivalent to less than 10 pence per week and as most households in Hyndburn were Band A rather than Band D properties, the vast majority of households would only see a rise of 7p per week. That would be the first increase in Council Tax by Hyndburn Council for 8 years; the Budget for 2017/18 would therefore be £11,197,000 as detailed in Appendices 1 and 2 of the report; (2) That it be recommended that the list of savings and budget changes for 2017/18, as set out in Appendix 3 of the report, be approved; (3) That the significant improvements made in relation to budget monitoring and cost reduction within the Authority over the past 13 years be noted and the commitment to continuing that approach in the year ahead be confirmed; (4) That it be recommended that during the financial year 2017/18, the Deputy Chief Executive be delegated responsibility to amend the Budget (following consultation with the Leader of the Council) for technical reasons, such as the restructuring of cost centres, the re-apportionment and re-allocation of overheads, etc., provided such amendments had an overall neutral impact on the Budget; (5) That it be recommended that during the financial year 2017/18, the Deputy Chief Executive be delegated responsibility to amend the Budget (following consultation with the Leader of the Council) should the estimate of Business Rates not be sufficiently accurate, by drawing on reserves if needed or paying over additional contributions to reserves;

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(6) That to aid future financial management planning, any surpluses generated during 2017/18 be set aside to help the Council to reduce its cost base over the next three years; and, (6) That it be recommended that the New Homes Bonus and any additional unring-fenced funding from the Government, as well as any further surplus on the Collection Fund, can be used if required to support Capital expenditure as determined by the Deputy Chief Executive in the overall financing of capital expenditure or be transferred to Reserves.

The following item was submitted as urgent business with the Chair’s agreement in accordance with Section 100B(4) of the Local Government Act 1972, the reason being to ensure the latest up to date information was included in the report

361 Capital Programme 2017/18

The Portfolio Holder for Resources submitted a report inviting Cabinet to consider the Council’s capital investment priorities for 2017/18 and to recommend to the Council a capital programme for approval at its meeting on 23rd February 2017, having regard to key linkages between the management of the Council’s capital and revenue resources. A Capital Programme for 2017/18 of £9,353,238 was appended to the report. Approval of the report was not deemed a key decision.

Reasons for Decision

The schemes represented the best value for money and met the Council’s overall corporate policy objectives, within the funding envelop for the year.

Alternative Options Considered and Reasons for Rejection

A wider programme of funding had not been considered due to the Council’s policy commitment to limiting Capital Expenditure to affordable levels and seeking to repay debt. Resolved - That the following proposals be submitted to Council:- (1) A Capital Programme for 2017/18 of £9,353,238 as set out in Appendix 1 of the report; (2) That the Programme be funded by new anticipated direct external grants of £2,303,142 along with scheme funding from other sources of £4,177,371 and £2,872,725 of new investment from the Council’s resources. External grant funding must be secured before any internal funds were committed to projects that relied on external funding to proceed; (3) That authority be delegated to the Deputy Chief Executive, in consultation with the Portfolio Holder for Resources, to flex the programme in accordance with the available funding, provided that does not require any additional borrowing;

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(4) That the individual projects within the Capital Programme require the written authorisation of the Deputy Chief Executive, following consultation with the Portfolio Holder for Resources, before commencing and incurring expenditure and that Service Managers provide the Deputy Chief Executive with written details of estimated costs of schemes with full justification of the need and benefits from undertaking the capital investments before approval was provided and that approval to commence be delegated to the Deputy Chief Executive, in consultation with the Portfolio Holder for Resources; (5) That projects be timed to minimise the need for borrowing and the Deputy Chief Executive be requested to seek project start dates after September 2017 whenever that was practical; and, (6) That in-year underspends be not made available to fund new projects during the year.

Signed:……………………………………………

Date: …………….…………………………………………

Chair of the meeting At which the minutes were confirmed

191 Page 132 Agenda Item 10.

STANDARDS COMMITTEE

Wednesday, 30th November, 2016

Present: Hyndburn Borough Councillors

Councillor June Harrison (in the Chair), Councillors Joyce Plummer (Vice Chair), Kath Pratt and Jeff Scales

Independent Person

Mrs. Patricia Higginbottom

1 Apologies for Absence

There were no apologies for absence.

2 Declarations of Interest and Declarations

There were no declarations of interest or dispensations.

3 Minutes of Last Meeting

The Minutes of the last meeting of the Standards Committee held on 5th October 2015 were submitted for approval as a correct record.

The Executive Director (Legal and Democratic Services) reported that Reverend John Holland had retired and left the area so there were now two independent person vacancies on the Standards Committee. Resolved - That the Minutes be received and approved as a correct record.

4 Grant of Dispensations

The Executive Director (Legal and Democratic Services) submitted a report seeking the grant of dispensations to a number of Hyndburn Councillors and one Altham Parish Councillor for a period of four years to enable them to speak and vote on the following matters:-

 An allowance, payment or indemnity given to Members  Ceremonial honours given to Members  Setting Council Tax or a precept under the Local Government and Finance Act 1992, as amended from time to time or any superseding legislation  Setting a local Council Tax reduction scheme for the purposes of the Local Government Finance Act 2012, as amended from time to time or any superseding legislation  Setting a local scheme for the payment of business rates, including eligibility for rebates and reductions, for the purposes of the Local Government Finance Act 2012, as amended from time to time and any superseding legislation

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The Hyndburn Councillors were Judith Addison, Mohammad Ayub, Noordad Aziz, Jean Battle, Peter Birtcliffe, Stephen Button, Clare Cleary, Paul Cox, Munsif Dad, Bernard Dawson, Tony Dobson, Stewart Eaves, Glen Harrison, June Harrison, Stephanie Haworth, Terry Hurn, Abdul Khan, Gareth Molineux, Ken Moss, Tim O’Kane, Miles Parkinson, Kath Pratt, Jeff Scales and Paddy Short who had all applied individually for dispensation to speak and vote on the above matters. Their request forms were appended to the report.

A dispensation had already been granted to the remaining 11 Hyndburn Borough Councillors.

Altham Parish Councillor John Halstead had applied for dispensation to speak and vote in respect of the setting of a precept under the Local Government and Finance Act 1992 as amended from time to time or any superseding legislation. The individually signed request form was appended to the report.

A dispensation to that effect had already been granted to the remaining five serving Altham Parish Councillors. Although there were seven seats in total on the Parish Council, one of the seats was currently vacant. Resolved (1) That, as requested, a dispensation be granted to the above named Members of Hyndburn Borough Council to allow them to speak and vote on the issues set out above, the dispensation to expire after a period of four years or earlier if they ceased to be Members of the Council; and, (2) That, as requested, a dispensation be granted to Altham Parish Councillor John Halstead to allow him to speak and vote on the setting of a parish precept under the Local Government and Finance Act 1992 as amended from time to time or any superseding legislation. The dispensation to expire after a period of four years or earlier, if he ceased to be a Member of Altham Parish Council.

5 Annual Ombudsman's Letter 2016

The Executive Director (Legal and Democratic Services) submitted a report relating to the Annual Local Government Ombudsman’s Letter for 2015/16 . The Letter was appended to the report

The Local Government Ombudsman had received a low level of complaints about Hyndburn which made it difficult to identify trends from the statistical information provided. The low level of complaints might however reflect good service delivery and / or a good internal complaint handling process. The Letter had not flagged up any areas of concern about either the Council’s services or its procedures for dealing with complaints.

The Executive Director reported that in 2015/16 the Local Government Ombudsman had received nine complaints about the Council and had determined eight complaints about the Council. Attention was drawn to comparisons with 2014/15 figures. Reference was made to the comparison between the Council’s position and that of neighbouring District Councils over the same period which again did not indicated any obvious cause for concern, with Hyndburn Council receiving a comparable number of complaints to its neighbours. Resolved - That the Local Government Ombudsman’s Letter be welcomed and the report be noted.

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6 Exclusion of the Public

Resolved - That, in accordance with Section 100A(4) Local Government Act 1972, the public be excluded from the meeting during the following item, when it was likely, in view of the nature of the business to be transacted, or the nature of the proceedings, that there would otherwise be disclosure of exempt information within the Paragraph at Schedule 12A of the Act specified at the item.

7 Local Assessment of Complaints - Update

Exempt Information under the Local government Act 1972, Schedule 12A, Paragraph 1 - Information relating to any individual

The Executive Director (Legal and Democratic Services) verbally reported that there were currently no complaints against Councillors. Two complaints had been received since October 2016 but had not been viable complaints as they related to the Councillors’ personal lives and not Council work. There were no previous complaints requiring action

Resolved - That the verbal report be noted.

Signed:……………………………………………

Date: …………….…………………………………………

Chair of the meeting At which the minutes were confirmed

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AUDIT COMMITTEE

Monday, 12th December, 2016

Present: Councillor Noordad Aziz (in the Chair), Councillors Diane Fielding (Vice Chair), Julie Livesey and Glen Harrison

Apologies Councillor Bernadette Parkinson

269 Apologies for Absence, Declarations of Interest, Dispensations and Substitutions

Apologies for absence were submitted from Councillor Bernadette Parkinson and the Corporate Performance Manager, Mike Walker.

There was no substitute representative for Councillor Bernadette Parkinson.

Councillor Stephen Button was not present at the meeting and had not submitted his apologies.

There were no reported declarations of interest or dispensations.

270 Minutes of the Last Meeting

The minutes of the last meeting held on the 19th September 2016 were submitted for approval.

The Head of Audit and Investigations, Mark Beard added that since the last meeting checks on insurance cover at Accrington Market had been reviewed with a new process in place to ensure these were flagged up when due, rather than conducted every 12 months.

Resolved - That the minutes be received and approved as a correct record.

271 Audit Reports & Key Issues- Progress Report for the Period October- December 2016

The Head of Audit and Investigations had submitted a report to inform members of the Audit Committee of Audit Reports issued during the period October- December 2016 and bring to the attention of the Committee what the key issues were.

There was a target of 98% of the audit plan to be completed by the end of the current financial year in terms of audit days completed. The figures contained in the report gave updated details to the end of November 2016 and the projected out turn position for 2016/17.

A summary of the main issues arising from audits carried out between October- December 2016 was attached to Appendix 1 of the report and detailed comprehensive and substantial assurance in the following areas:

 Housing Market Renewal- Recovery of Loans

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 Lease Renewal & Rents  Grants  Elections & Electoral Registration  Civic Regalia Inventory

Resolved - That the report be noted for informational purposes.

272 Audit Follow-Ups Report for the Period October- September 2016

The Head of Audit & Investigations submitted a report, which informed Members of the outcome of routine follow-ups of previously agreed action plans for completed audit reports. The follow-ups detailed within the report are those carried out during the period October- December 2016.

The information of the following follow-ups were carried out during the period October 2016 to December 2016 and detailed within Appendix 1 of the report.

 Land Registry Variable Direct Debit 1 action had been implemented and 1 partially implemented

 Hyndburn Leisure- Subsidised Activities 3 actions had been implemented

Resolved - That the report be noted for informational purposes.

273 Grant Thornton- Audit Committee progress and update for Hyndburn Borough Council- Year ended 31 March 2016

Tommy Rooney of Grant Thornton submitted a report which informed members of the Audit Committee with an update on progress in delivering Grant Thornton’s responsibilities as external auditors. It included a summary of emerging issues and developments, sector issues, technical updates along with publications and events. Councillor Harrison asked about the Brexit impact and at this stage the outcome was uncertain for the public sector body.

Resolved - That the report be noted for informational purposes.

274 Grant Thornton- The Annual Audit Letter for Hyndburn Borough Council

Karen Murray of Grant Thornton submitted a report which informed members of the Audit Committee of the Annual Audit Letter which summarised the key findings arising from the work carried out at Hyndburn Borough Council for the year ended 31 March 2016. The letter was intended to communicate the results of their work to the council and external stakeholders. It also highlights issues that they wish to draw to the attention of the public.

The report highlighted the risks which had the greatest impact on their overall strategy and where they focused more of their workload. A section also provided information on new issues and risks which were identified during the course of the audit and were not previously communicated in the audit plan.

A value for money conclusion was included along with reports issued and fees in Appendix A and recommendations in Appendix B of the report.

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The Chair, Councillor Noordad Aziz placed on record his thanks to the external auditors, the Deputy Chief Executive of HBC, Joe McIntyre and the HBC accountancy team for doing a great job at a high standard and keeping Members updated in changing times.

Resolved - That the report be noted for informational purposes.

275 Public sector internal audit standards- External peer review process

The Head of Audit and Investigations submitted a report to inform and update members of the Audit Committee about the Public Sector Internal Standards (PSIAS) External Peer Review process which would ensure that Hyndburn Borough Council meets the requirement under the Standards that the Internal Audit function is externally assessed within the first five years since the introduction of the Standards.

There are 10 authorities taking part in the process with one head of audit representing two councils therefore the sub group had split the county into three areas and created three triads to perform inspections, there were:

-Burnley, Hyndburn and Pendle -Chorley/South Ribble, Fylde and Preston -Allerdale, Lancaster and Wyre

A timetable had been set for all the inspections to take place between November 2016 and March 2018.

Resolved - That the report be noted for informational purposes.

276 Time/Date/Venue of Next Meeting of Committee

Resolved - That the next meeting of the Audit Committee be held on Monday, 20th March 2017 at 5.30 pm in the Queen Elizabeth Room at Scaitcliffe House.

Signed:……………………………………………

Date: …………….…………………………………………

Chair of the meeting At which the minutes were confirmed

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COMMUNITIES AND WELLBEING OVERVIEW AND SCRUTINY COMMITTEE

Tuesday, 13th December, 2016

Present: Councillor Eamonn Higgins (in the Chair), Councillors Mohammad Ayub, Loraine Cox, Kath Pratt, Glen Harrison and Bernard Dawson

In Attendance: Kirsten Burnett (Head of Human Resources)

Apologies: Councillor Bernadette Parkinson, Dave Parkins (Co-optee) and Councillor Munsif Dad (Cabinet Portfolio Holder for Health and Communities)

277 Apologies for Absence and Substitutions

Apologies for absence were submitted on behalf of Councillor Bernadette Parkinson and Councillor Dad (Portfolio Holder for Health and Communities) and Dave Parkins (Co-optee).

Councillor Dawson acted as substitute representative for Councillor Bernadette Parkinson.

278 Declarations of Interest and Dispensations

There were no declarations of interest or dispensations.

279 Minutes of Last Meeting

The Minutes of the Communities and Wellbeing Overview and Scrutiny Committee held on 13th December 2015 be submitted for approval as a correct record.

Recommended - That the Minutes be received and approved as a correct record.

280 Infant Mortality in Hyndburn

Matthew Stanton, Public Health Practitioner, provided a presentation on infant mortality in Hyndburn.

He referred to:  project work on infant mortality which had been centred in Preston from which keys facts had been established.  how infant mortality was recorded and calculated  and gave a definition of infant mortality (deaths of infants before their first birthday).  data taken during different time periods of infant deaths  factors given consideration which related to neighbourhoods and communities.  the calculation of infant deaths as a proportion of the number of live births in the same population during the same period of time (usually a year).  districts such as Burnley, Pendle, Blackburn and Chorley which had worse than average rates of death but pointed out that the numbers were so small that they had to be measured over a 3 year period.

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Data was provided on the number of infant deaths in Hyndburn over a 10 year period, the inclusion and effect of deprivation and the correlation between infant mortality and deprivation.

It was pointed out that two wards showed a significantly higher rate of infant mortality, Central ward and the Altham ward. In respect of Central Ward there was a high rate of infant mortality but also a high birth rate in a high density ward. In respect of the Altham ward it revealed there was a high rate of infant death but a low birth rate. The Committee discussed reasons for the higher rate of infant deaths reflected in these wards than in other areas of Hyndburn but although reasons such standards of social housing could be relevant to explanations, there was no clear reason why these wards had a higher infant mortality rate than other wards in Hyndburn.

Matt Stanton referred to the use of Mosaic groups to assist in providing factors towards an explanation for higher rates of infant mortality. Modifiable factors included deaths of under 18 year olds and reasons why. Studies showed that the cost of intervention work and for every pound spent saved in the long term.

He indicated that they used all opportunities to educate and reduce risk and these included campaigns such ‘Safer Sleep’ and campaigns to stop smoking. Data on the ‘quit rate’ was provided. East Lancashire External Genetics service had carried out a pilot scheme in Pendle to reach communities higher in risk and this had become a case study. Councillor Ayub requested further information on the genetics service. He referred to the standards of social housing and risk factors associated with this and a consequent aim to use regulation such as the selective landlord licence scheme to compel landlords to provide a standard of housing.

Members reflected their concern about the risk factors but acknowledged the action that had been taken through campaigning. They referred to the importance of media campaigns and the forum being used to target those at highest risk. It was suggested that social media would be the most appropriate forum to use in reaching those most at risk. Councillor Higgins referred to previous concerns about the type of cot mattresses used in respect of material and the increased risk of death to infants.

It was pointed out that resources were limited and that a pattern was emerging around housing and neighbourhoods. He indicated that he was unaware of any information about cot mattresses but that work on preventing infant deaths including sleeping patterns and room temperature.

Ben Caulfield requested that the Committee’s concerns were relayed back to the appropriate services. He also advised that the Council were involved in information sharing around infant mortality. He referred to a previous campaign successfully supported by the Council, the ‘Safe Sleeping Campaign,’ and proposed that the Council got involved in a further campaign of this type.

The Head of Human Resources referred to how the Council had previously supported a campaign to prevent infant mortality and asked for further information on the effect of this. Matt Stanton indicated that he would find out and report back.

A member of the public suggested that the data should also include the percentage of ethnic minority and percentage of rented properties and that leaflets could be handed out with applications for housing benefit in order for the information to reach the most ‘at risk’ people.

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Councillor Harrison referred to the data provided at the presentation and indicated that this did not provided a clear picture of why infant deaths occurred as facts and figures did not seem to correlate’. Councillor Loraine Cox asked if the way that children were delivered had been taken into account with factors and Councillor Glen Harrison suggested that there would need to be more investigation for facts to be correlated.

Matt Stanton indicated that he would produce data for the Springhill ward for the Committee to provide a greater background picture.

Resolved (1) That Lancashire County Council Public Health continue to engage with the Council on the prevention of infant mortality; (2) That the Council takes a proactive approach to the prevention of infant mortality through raising awareness and the allocation of funding to support this; (3) That Cabinet be requested to consider the introduction of a smoke free policy to all Council events; (4) That the Council urges Lancashire County Council to continue to support and fund the Smoking Cessation services; and, (5) That the Communities and Wellbeing Committee consider future reviews of prevention of infant mortality on the receipt of further information from Lancashire County Council as requested during the meeting.

Signed:……………………………………………

Date: …………….…………………………………………

Chair of the meeting At which the minutes were confirmed

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PLANNING COMMITTEE

Wednesday, 14th December, 2016

Present: Councillor Bernard Dawson (in the Chair), Councillors Loraine Cox, Judith Addison, Mohammad Ayub, Stephen Button, Stewart Eaves, Melissa Fisher (Vice Chair), June Harrison, Eamonn Higgins, Abdul Khan, Kath Pratt, Paddy Short and Paul Thompson

281 Apologies for Absence, Substitutions, Declarations of Interest and Dispensations

No apologies for absence were submitted.

There were no substitute representatives.

There were no reported declarations of interest.

282 Minutes of the Last Meeting

The minutes of the last Planning Committee held on the 16th November 2016, were submitted for approval as a correct record.

Resolved - That the Minutes be received and approved as a correct record.

283 Town and Country Planning Act 1990- Planning Applications for Determination

The Chief Planning and Transportation Officer submitted a report setting out recommended action on the following planning applications.

Resolved - (1) That the following planning permission be approved subject to the conditions as per the report:-

11/16/0431 Installation of ANPR camera and associated cabinet (Retrospective) Aldi Store, Argyle Street, Accrington

Resolved - (2) That the following planning permission be approved subject to the conditions as per the report:-

11/16/0432 Display of advertisements and erection of 6 No. signage poles (Retrospective) Aldi Store, Argyle Street, Accrington

Resolved - (3) That the following non-material amendment to the planning application 11/11/0353 be approved subject to the submitted details:-

11/16/0405 Non-material amendment of condition No. 2 of 11/11/0353 to provide widened driveway 3 Owl Hall, Plantation Road, Accrington

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Resolved - (4) That the following planning permission be approved subject to the conditions as per the report:-

11/16/0421 Erection of 8 No. 3 bed semi-detached properties (Resubmission of 11/16/0327) St Andrews Works, Kay Street, Oswaldtwistle

N.B. (1) Mr John Yates spoke at the committee in objection of the above planning application and against the Officer’s recommendation to allow planning permission.

(2) Mr Phil Bowdler spoke at the committee in support of the above planning application and in favour of the Officer’s recommendation to allow planning permission.

284 Building Control Fees

The purpose of the report was to propose an increase in the fees charged for the Building Control Service. Under the terms of the Council’s constitution these must be agreed by the Council’s Planning Committee.

Resolved - (5) That Planning Committee agreed the fees as set out in Appendix 2 of the report & delegated authority be given to the Chief Planning and Transportation Officer, in consultation with the Director of Legal and Democratic Services to: i. Make minor amendments to the fees should it be necessary following the period of consultation, and; ii. Agree the final text of the guidance notes that accompany the fees:-

285 Planning Enforcement Update

The purpose of the report was to update Planning Committee on the enforcement cases that have been received between July and October 2016.

Resolved - (6) That Planning Committee noted the content of the report.

Signed:……………………………………………

Date: …………….…………………………………………

Chair of the meeting At which the minutes were confirmed

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RESOURCES OVERVIEW AND SCRUTINY COMMITTEE

Thursday, 15th December, 2016

Present: Councillor Abdul Khan (in the Chair), Councillors Judith Addison, Lisa Allen, Jean Battle, Stephen Button and Jenny Nedwell

Co-optee: Mr. Ian Ormerod

In Attendance: Councillor Gareth Molineux, Portfolio Holder for Resources

Apologies: Councillors Terry Hurn, Tim O'Kane and Paddy Short

286 Apologies for Absence

Apologies for absence were submitted from Councilors Terry Hurn, Tim O’Kane and Paddy Short, Mr. Paul Barton (Co-optee) and the Deputy Leader of the Council (Councillor Paul Cox).

287 Substitution

Councillor Judith Addison attended the meeting as substitute representative for Councillor Terry Hurn.

288 Declarations of Interest and Dispensations

There were no declarations of interest or dispensations.

289 Minutes of Last Meeting

The Minutes of the meeting of the Resources Overview and Scrutiny Committee held on 27th October 2016 were submitted for approval as a correct record.

Resolved - That the Minutes be received and approved as a correct record.

290 Responses from Cabinet to Reports of Overview and Scrutiny - ICT Integrated Services

The Overview and Scrutiny Officer submitted a report on the responses of the Cabinet to recommendations made by the Committee in relation to ICT Integrated Services. A report setting out the recommendations of the Committee was submitted to Cabinet on 12th October 2016. The recommendations and responses were as follows:-

(1) That Cabinet be requested to ensure that the new website was user friendly for customers.

Cabinet Response: Recommendation accepted.

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(2) That Cabinet be requested to investigate ways to make the online payment system simpler for customers to use.

Cabinet Response: Recommendation accepted.

(3) That Cabinet be requested to work with the Head of ICT to explore the possibility of the introduction of an integrated system for the website which would require only one simple login from a customer regardless of what service they required access to.

Cabinet Response: Recommendation accepted subject to the Cabinet actively working with the Head of ICT.

(4) That Cabinet be requested to ensure the new website and My Hyndburn app were compatible with assistive technologies in order to make them more accessible to residents who were visually impaired, elderly or those who had low literacy skills.

Cabinet Response: Recommendation accepted.

Resolved - That the responses received from Cabinet be noted.

291 Audit and Investigations Business Plan Update

The Head of Audit and Investigations submitted a report informing the Committee of the position and targets within the Audit and Investigations Business Plan. The Plan was appended to the report. Attention was drawn to Internal Audit Team Performance Criteria, satisfaction questionnaires, percentage of Plan completed, additional work, levels of educational attainment, Annual Audit Plan, National Fraud Initiative, Council Tax and Register of Electors matches for single person discounts, and matches for major initiatives.

Resolved - That the contents of the report and appended Business Plan be noted.

292 Fly-Tipping in Hyndburn

The Head of Community Services submitted an update report on the latest developments of fly-tipping in Hyndburn. An update on fly-tipping in Lancashire from the Lancashire Officers’ Working Group meeting held on 24th November 2016 was appended to the report. Attention was drawn to national and local problems, DEFRA, criminal gangs, large scale fly- tipping incidents in Hyndburn and comparisons with other Lancashire Districts.

The Portfolio Holder for Resources (Councillor Gareth Molineux) referred to the closure of recycling centres by Lancashire County Council, one of which had been in Great Harwood, and informed the Committee of two recent fly-tipping incidents which had occurred in Great Harwood. Responses were given in relation to the following issues raised by the Committee:-

 Hotspot Locations and Preventative Measures Undertaken  Alleygating  Neighbourhood Watch  Fly-Tipping Incident on Altham Lane and Ongoing Investigation  Consistent Fly-Tipping on Private Land  Responsibility for Costs Associated with Large Scale Fly-Tipping  Issue and Cost of Fixed Penalty Notices  Fly-Tipping of Inert Waste following Introduction of Permits and Charges

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 Measures Taken to Publicise Anti Fly-Tipping Information

Resolved - That the updates within the report be noted.

293 Effects of the Removal of Cost Share for Waste Services from Lancashire County Council

The Head of Community Services submitted an update report on the latest developments in the Council’s Waste Services Area following the announcement by Lancashire County Council to stop all Cost Share Payments from April 2018. Attention was drawn to withdrawal of cost share payments to collection authorities, retention of all income from the sale of recycling, level of provision of services, options to close funding gap and savings from the reorganisation of the Council’s existing structures / service provision. Responses were given in relation to the following issues raised by the Committee:-

 Possible Legal Challenge  Saving Options  Viable Delivery Models  Non-Statutory Services  Proportion of Council Tax Paid to Lancashire County Council for Waste Service Provision  Bulky Waste Collections  Waste Collection Plants

Resolved - That the updates within the report be noted and a report on the implementation of the Council’s budgetary options to reduce costs and achieve savings be submitted to the October 2017 meeting of the Committee.

Signed:……………………………………………

Date: …………….…………………………………………

Chair of the meeting At which the minutes were confirmed

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JUDICIAL COMMITTEE (PRIVATE HIRE AND HACKNEY CARRIAGE LICENSING)

Monday, 19th December, 2016

Present: Councillor Joyce Plummer (in the Chair), Councillors Stewart Eaves, Melissa Fisher, Eamonn Higgins, Julie Livesey and Paddy Short

294 Apologies for Absence

There were no apologies for absence.

295 Declarations of Interest and Dispensations

There were no declarations of interest or dispensations.

296 Minutes of Last Meeting

The Minutes of the meeting of the Judicial Committee (Private Hire and Hackney Carriage Licensing) held on 25th October 2016 were submitted for approval as a correct record. Resolved - That the Minutes be received and approved as a correct record.

297 Court Report - Mohammed Altaf

A report advising the Committee on the outcome of court proceedings relating to an appeal to the Magistrates Court by Mr. Mohammed Altaf following revocation of his private hire vehicle driver’s license was submitted. The appeal was upheld. Resolved - That the report be noted.

298 Licensing Procedure - Complaints

The Licensing Procedure to be followed at the meeting in relation to complaints lodged against licensed Hackney Carriage and Private Hire Drivers was submitted. A copy of the Procedure had been sent to the drivers and the complainants. Resolved - That the Procedure be noted.

299 Licensing Guidelines

The Licensing Guidelines (Appendix G of the Hyndburn Borough Council Hackney Carriage and Private hire Licensing Policy 2013 – 2016) were submitted. A copy of the Guidelines had been sent to the drivers and the complainants. Resolved - That the Guidelines be noted.

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300 Exclusion of the Public

Resolved - That, in accordance with Section 100A(4) Local Government Act 1972, the public be excluded from the meeting during the following items, when it was likely, in view of the nature of the business to be transacted, or the nature of the proceedings, that there would otherwise be disclosure of exempt information within the Paragraphs at Schedule 12A of the Act specified at the items.

301 Report Relating to a Licensed Joint Driver (MI)

Exempt information under the Local Government Act 1972, Schedule 12A, Paragraph 3 - Information relating to the financial or business affairs of any particular person (including the authority holding that information))

The Acting Licensing Manager, on behalf of the Executive Director (Legal and Democratic Services), submitted a report informing the Committee of relevant issues relating to a licensed joint driver (MI). A complaint had been lodged by a member of the public against the driver and was set out in the report. The following documents were appended to the report:-

Appendix 1 Copy of complaint dated 28/09/2016 Appendix 2 Copy of interview notes dated 12/10/2016

Attention was drawn to Appendix G (Policy on the Relevance of Convictions and Cautions) of the Hyndburn Borough Council Hackney Carriage and Private Hire Licensing Policy 2013-2016. Legal advice on the relevance of the complaint and four previous complaints made during the period November 2008 and June 2010 was sought by and provided to the Committee at the meeting.

In accordance with licensing procedure, the driver (MI) and his representative had been invited to attend the meeting and in that respect, the driver, his representative (MY) and a witness (Mr. B) were in attendance. The complainant (PD) and his representative had also been invited to the meeting and in that respect, the complainant was in attendance.

The Committee was requested to:-

(a) Determine whether the facts related in the complaint were substantially true;

(b) Having made a finding of the facts, decide whether those facts revealed if the driver had acted unlawfully or in breach of any legislation, regulation or licence condition governing the conduct of licensed private hire vehicle drivers; and,

(c) Determine what action, if any, should be taken against the driver.

Decision of the Committee:- Resolved (1) That the complaint lodged against the joint vehicle driver (MI) be upheld. The Committee had not accepted the evidence provided by the driver or the complainant unconditionally but had been satisfied that there were elements of truth in both accounts. The Committee therefore concluded that on the balance of probabilities

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the circumstances favoured the complainant in that the behaviour of the driver was inappropriate and therefore merited a suspension of his joint vehicle driver licence. The Committee felt that the driver should have reacted in a more professional manner as he was entrusted with the safety of the travelling public; and,

(2) That, as the conduct of the driver (MI) had been inappropriate and not that expected of a licensed joint vehicle driver, his licence be suspended for a period of seven days pursuant to Section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976 and for the reasons outlined at the meeting and set out in the decision notice.

302 Report Relating to a Licensed Private Hire Driver (SM)

(Exempt information under the Local Government Act 1972, Schedule 12A, Paragraph 3 - Information relating to the financial or business affairs of any particular person (including the authority holding that information))

The Licensing Manager, on behalf of the Executive Director (Legal and Democratic Services), submitted a report informing the Committee of relevant issues relating to a licensed private hire driver (SM). A complaint had been lodged by a member of the public and was set out in the report. The following documents were appended to the report:-

Appendix 1 Copy of the complaint dated 04/11/2016 Appendix 2 Copy of interview notes dated 16/11/2016

Attention was drawn to Appendix G (Policy on the Relevance of Convictions and Cautions) of the Hyndburn Borough Council Hackney Carriage and Private Hire Licensing Policy 2013-2016. Legal advice on the relevance of the complaint was sought by and provided to the Committee at the meeting.

In accordance with the licensing procedure, the driver (SM) and his representative had been invited to attend the meeting and in that respect, the driver and his wife (YB) were in attendance. The complainant (JP), her son (FH) and her representative had also been invited to the meeting and in that respect, the complainant and her son were in attendance.

The Committee was requested to:-

(a) Determine whether the facts related in the complaint were substantially true;

(b) Having made a finding of the facts, decide whether those facts revealed if the driver had acted either unlawfully or in breach of any legislations, regulation or licence condition governing the conduct of licensed private hire vehicle drivers; and,

(c) Determine what action, if any, should be taken against the driver.

Decision of the Committee:- Resolved (1) That the complaint lodged against the private hire vehicle driver (SM) be upheld. The Committee found that on the balance of probabilities the evidence provided found in favour of the complaint; and,

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(2) That the conduct of the driver (SM) had been inappropriate and not that expected of a licensed private hire vehicle driver. The Committee felt there was a possibility that a misunderstanding could have occurred and in view of the driver’s previous good history, decided that a final written warning be issued to the driver for the reasons outlined at the meeting and set out in the decision notice.

Signed:……………………………………………

Date: …………….…………………………………………

Chair of the meeting At which the minutes were confirmed

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JUDICIAL COMMITTEE (PRIVATE HIRE AND HACKNEY CARRIAGE LICENSING)

Tuesday, 24th January, 2017

Present: Councillor Joyce Plummer (in the Chair), Councillors Stewart Eaves, Melissa Fisher, Eamonn Higgins, June Harrison, Julie Livesey and Paddy Short

Apologies Councillor Eamonn Higgins

325 Apology for Absence

An apology for absence was submitted from Councillor Eamonn Higgins.

326 Substitution

Councillor June Harrison attended the meeting as substitute representative for Councillor Eamonn Higgins.

327 Declarations of Interest and Dispensations

There were no declarations of interest or dispensations.

328 Minutes of Last Meeting

The Minutes of the meeting of the Judicial Committee (Private Hire and Hackney Carriage Licensing) held on 19th December 2016 were submitted for approval as a correct record. Resolved - That the Minutes be received and approved as a correct record.

329 Licensing Procedure for Meetings of the Committee

The General Licensing Procedure and the Complaints Licensing Procedure to be used in relation to hackney carriage and private hire driver licences were submitted. Copies of the relevant procedure had been sent to the applicant, driver and complainant. Resolved - That the Procedures be noted.

330 Licensing Guidelines

The Licensing Guidelines (Appendix G of the Hyndburn Borough Council Hackney Carriage and Private hire Licensing Policy 2013 – 2016) to be used in relation to determining applications for hackney carriage and private hire driver licences was submitted.

Resolved - That the Guidelines be noted.

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331 Exclusion of the Public

Resolved - That, in accordance with Section 100A(4) Local Government Act 1972, the public be excluded from the meeting during the following items, when it was likely, in view of the nature of the business to be transacted, or the nature of the proceedings, that there would otherwise be disclosure of exempt information within the Paragraph at Schedule 12A of the Act specified at the items.

332 Application for a Private Hire Driver's Licence (MSM)

(Exempt information under the Local Government Act 1972, Schedule 12A, Paragraph 3 - Information relating to the financial or business affairs of any particular person (including the authority holding that information))

The Acting Licensing Manager, on behalf of the Executive Director (Legal and Democratic Services) submitted a report outlining an application for a private hire vehicle driver licence.

Attention was drawn to Appendix G (Policy on the Relevance of Convictions and Cautions) of the Hyndburn Borough Council Hackney and Private Hire Licensing Policy 2013-2016. Legal advice on the relevance of convictions was sought by and provided to the Committee at the meeting.

In accordance with licensing procedure, the applicant (MSM) and his representative had been invited to attend the meeting and in that respect, the applicant and his representative (MD) were in attendance.

The Committee was requested to consider whether the applicant was a fit and proper person to be licensed.

Decision of the Committee:-

Resolved - That, as the applicant (MSM) was considered to be a ‘fit and proper person’, his application for a Private Hire Vehicle Driver Licence be granted for the reasons outlined at the meeting and set out in the decision notice.

333 Report Relating to a Licensed Private Hire Driver (MA)

Exempt information under the Local Government Act 1972, Schedule 12A, Paragraph 3 - Information relating to the financial or business affairs of any particular person (including the authority holding that information))

The Acting Licensing Manager, on behalf of the Executive Director (Legal and Democratic Services), submitted a report informing the Committee of relevant issues relating to a licensed private hire vehicle driver (MA). A complaint had been lodged by a member of the public against the driver and was set out in the report. The following documents were appended to the report:-

Appendix 1 Copy of complaint received 17/11/2016 Appendix 2 Picture indicating the vehicle fault and damaged outer tyre Appendix 3 Local Government (Miscellaneous Provisions) Act 1976 Section 68

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Notice Appendix 3a Notification of refusal for private hire/hackney carriage licence Appendix 4 Witness Statement of Central Vehicle Maintenance Unit Mechanic

Attention was drawn to Appendix G (Policy on the Relevance of Convictions and Cautions) of the Hyndburn Borough Council Hackney Carriage and Private Hire Licensing Policy 2013-2016. Legal advice on the relevance of the complaint, two previous complaints, a conviction and the condition of the driver’s private hire vehicle and his explanation for his alleged actions was sought by and provided to the Committee at the meeting.

In accordance with licensing procedure, the driver (MA) and his representative had been invited to attend the meeting and in that respect, the driver and his representative (MD) were in attendance. The complainant (IM)) and her representative had also been invited to the meeting and in that respect, the complainant and her witness/husband (WM) were in attendance.

The Committee was requested to:-

(a) Determine whether the facts related in the complaint were substantially true;

(b) Having made a finding of the facts, decide whether those facts revealed if the driver had acted unlawfully or in breach of any legislation, regulation or licence condition governing the conduct of licensed private hire vehicle drivers; and,

(c) Determine what action, if any, should be taken against the driver. Resolved (1) That the complaint lodged against the Private Hire Driver (MA) be upheld. On the evidence provided, the Committee found in favour of the complaint as it believed that the version of the events related by both the Complainant and her Witness/Husband were on the balance of probability more accurate; and,

(2) That, as the driver (MA) was not considered to be a ‘fit and proper person’, in that his conduct had been inappropriate and not that expected of a licensed private hire vehicle driver, and in view of the dangerous condition of his private hire vehicle which indicated an irresponsible attitude towards the safety of passengers, his private hire driver’s licence be revoked pursuant to Sections 61(1)(a)(ii) and 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976 in the interests of public safety; the revocation to be with immediate effect pursuant to Section 61(2B) of the Local Government (Miscellaneous Provisions) Act 1976 (as amended by the Road Safety Act 2006) and for the reasons outlined at the meeting and set out in the decision notice.

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Signed:……………………………………………

Date: …………….…………………………………………

Chair of the meeting At which the minutes were confirmed

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STANDARDS COMMITTEE

Monday, 30th January, 2017

Present: Councillor June Harrison (in the Chair), Councillors Joyce Plummer, Kath Pratt and Jeff Scales

Apologies Altham Parish Councillors Thomas Fearon, Anthony Hickson and Rennie Pinder.

Mrs. Patricia Higginbottom (Independent Person)

334 Apologies for Absence, Declarations of Interest and Dispensations

Apologies for absence were submitted from Altham Parish Councillors Thomas Fearon, Anthony Hickson and Rennie Pinder and from Mrs. Patricia Higginbottom (Independent Person).

There were no declarations of interest.

335 Minutes of Last Meeting

The Minutes of the last meeting of the Standards Committee held on 30th November 2016 were submitted for approval as a correct record. Resolved - That the Minutes be received and approved as a correct record.

336 Grant of Dispensation

The Executive Director (Legal and Democratic Services) submitted a report seeking the grant of a dispensation to Hyndburn Borough Councillor Glen Harrison for a period of four years to enable him to speak and vote on the issues set out in Section 3 of the report at an Extra-ordinary meeting of the Communities and Wellbeing Overview and Scrutiny Committee on 7th February 2017, and any other meeting of that Committee or meeting of Council, at which the same topic was on the agenda. Councillor Harrison had applied for the dispensation and his request form was appended to the report. As an employee of Mersey Care NHS Foundation Trust (formally Calderstones Partnership NHS Trust), Councillor Harrison had a disclosable pecuniary interest in the matter which would prevent him from speaking, voting or being present when the item was discussed by the Communities and Wellbeing Overview and Scrutiny Committee or Council.

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Resolved - That a dispensation to speak only and not vote, be granted to Councillor Glen Harrison to allow him to speak at a meeting of the Communities and Wellbeing Overview and Scrutiny Committee on 7th February 2017 and any other meeting of that Committee or meeting of Council at which the topic of the closure of Calderstones and the Mersey Care NHS Foundation Trust proposals was discussed (as set out in Section 3 of the report). The dispensation to expire after a period of four years or earlier if he ceased to be a Member of the Council.

Signed:……………………………………………

Date: …………….…………………………………………

Chair of the meeting At which the minutes were confirmed

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PLANNING COMMITTEE

Wednesday, 1st February, 2017

Present: Councillor , Councillors Bernard Dawson, Loraine Cox (Vice Chair), Judith Addison, Mohammad Ayub, Stephen Button, Paul Cox, Stewart Eaves, Melissa Fisher, June Harrison, Abdul Khan, Kath Pratt, Paddy Short and Paul Thompson

Apologies: Councillors Eamonn Higgins

337 Apologies for Absence, Substitutions, Declarations of Interest and Dispensations

Apologies for absence were submitted from Councillor Eamonn Higgins.

Councillor Paul Cox acted as substitute representatives for Councillor Higgins.

There were no reported declarations of interest.

338 Minutes of the Last Meeting

The minutes of the last Planning Committee held on the 14th December 2016, were submitted for approval as a correct record.

Resolved - That the Minutes be received and approved as a correct record.

339 Town and Country Planning Act 1990- Planning Applications for Determination

The Chief Planning and Transportation Officer submitted a report setting out recommended action on the following planning applications.

Resolved - (1) That the following planning application be approved subject to the conditions as per the report:-

11/16/0468 Major full: Alterations to Public Realm area including hard and soft landscaping and the removal of trees Land fronting the Market Hall, Town Hall, Blackburn Road, Accrington

Resolved - (2) That the following planning application be approved subject to the conditions as per the report:-

11/16/0434 Major full: Creation of 3no caged football pitches with associated floodlighting, involving profiling of ground levels to accommodate the football pitches Bank Mill House off Lowerfold Road, Great Harwood

N.B. 1. The Chief Planning and Transportation Officer drew the Committee’s attention to the extra information contained within the update report which was released before the meeting and related to the above planning application.

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2. Mr Patrick McGinley spoke at the Committee in objection of the above planning application and against the Officer’s recommendation to approve planning permission.

Resolved - (3) That the following planning application be approved subject to the conditions as per the report:-

11/16/0406 Major Full: Erection of 48no dwelling houses and associated infrastructure Church Bank Works, Kirk Road, Church

N.B. 1. The Chief Planning and Transportation Officer drew the Committee’s attention to the extra information contained within the update report which was released before the meeting and related to the above planning application.

2. Mr Paul Oldridge spoke at the Committee in support of the above planning application and in favour of the Officer’s recommendation to approve planning permission.

Resolved - (4) That the following planning application be approved subject to the conditions as per the report:-

11/16/0437 Change of use of use from café/restaurant (A3) to a mixed A3/A5 use with installation of rear extraction flue 5-7 Warner Street, Accrington

N.B. 1. The Chief Planning and Transportation Officer drew the Committee’s attention to the extra information contained within the update report which was released before the meeting and related to the above planning application.

2. Mr Stamp spoke at the Committee in support of the above planning application and in favour of the Officer’s recommendation to approve planning permission.

Resolved - (5) That the following planning application be approved subject to the conditions as per the report:-

11/16/0477 Change of use from House in Multiple Occupation (HMO) to large HMO (Sui- Generis) for 7 residential units 40-42 Nuttall Street, Accrington

340 Supplemental Agenda- Planning Application 11/16/0367

The Chief Planning and Transportation Officer submitted a report in the supplemental agenda and additional information contained within the update report setting out recommended action on the following planning application.

Resolved - (6) (a) That the following planning application be refused contrary to the officer recommendation as per the report due to the provision of inadequate car parking at the site which will create an unacceptable level of on-street parking on the residential streets in the vicinity of the premises. The Highway Authority and Lancashire Constabulary consider that there is compelling evidence that the impact of on- street parking associated with use of the premises is severe on both the local highway and the amenity of local residents. For this reason it is considered that the proposed development would give rise to

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material impacts arising by reason of traffic, noise, and other nuisances which would have an unacceptable adverse impact on local amenity and which cannot be properly controlled in accordance with best practice or recognised standards. Consequently the proposed development is contrary to Policy Env 7 of the Hyndburn Core Strategy, saved Policy E10 of the Hyndburn Local Plan and paragraph 32 of the National Planning Policy Framework:-

(b) That enforcement action be undertaken as the venue was operating in breach of the current planning permission for the site.

11/16/0367 Retrospective permission for change of use of restaurant and function hall to function hall (Sui Generis) with associated car parking. Al- Hamza Banqueting Hall 161B Richmond Road Accrington

N.B. (1) Mr Ian Britcliffe spoke at the committee in objection of the above planning application and against the Officer’s recommendation to allow planning permission.

(2) Mr John Dickinson spoke at the committee in support of the above planning application and in favour of the Officer’s recommendation to allow planning permission.

(3) Councillor Diane Fielding spoke at the committee in objection of the above planning application against the Officer’s recommendation to allow planning permission.

Signed:……………………………………………

Date: …………….…………………………………………

Chair of the meeting At which the minutes were confirmed

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COMMUNITIES AND WELLBEING OVERVIEW AND SCRUTINY COMMITTEE

Friday, 3rd February, 2017

Present: Councillor Eamonn Higgins (in the Chair), Councillors Bernadette Parkinson (Vice Chair), Mohammad Ayub, Loraine Cox, Kath Pratt and Glen Harrison

341 Apologies for Absence and Substitutions

Councillor Cleary submitted her apologies as the Portfolio Holder to report on the proposed designation for a private landlord selective licensing scheme.

The Overview and Scrutiny Officer informed the meeting that Dave Parkins, Co-optee, had resigned from his position on the Committee. The Committee expressed gratitude for Mr. Parkin’s contribution to the work of the Committee during the time that he was a Member.

342 Declarations of Interest and Dispensations

There were no declarations of interest or dispensations submitted at the meeting.

343 Minutes of Last Meeting

The Minutes of the Communities and Wellbeing Overview and Scrutiny Committee held on 13th December 2016 were submitted for approval as a correct record.

Resolved - That the Minutes be received and approved as a correct record.

344 Police Crime and Community Safety Update

The Neighbourhood Policing Inspector, Inspector Holgate, and the temporary Community Safety Lead for Hyndburn, Sam McConnell, submitted a report to provide the Committee with an update on Police and Crime and the Community Safety report.

Inspector Holgate referred to page 11 of the report which provided details of the key issues highlighted throughout the report including:  An increase in trend of ‘violence against the person’.  Volume wards for non-domestic violent crime.  Increase in recorded cases of harassment.  Increasing trend of reported domestic abuse crimes.  Substance misuse related to a third of all violent crime.  The primary crime category for victims under 18 years old being ‘violence against the person’.  Increase in sexual offences against young people.  Youth related anti-social behaviour.

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 Continuation of elevated levels of vehicle crime.

Inspector Holgate advised that the process for recording crimes had changed and indicated that this could have had an impact on the figures produced. She referred to the different categories of reported crime and provided greater detail on some of these categories as follows:

Harassment - many of the incidents were related to social media but an increase in figures could also be as a result of more people reporting incidents. Substance Misuse – reference was made to a number of known premises and the efforts of the Police to target these areas. Youth Anti-Social - work was ongoing to reduce the incentives for youths to congregate in certain areas, e.g. by switching off free wifi. Vehicle Crime -two-thirds of vehicle crime was caused by insecurity contributing factors. Inspector Holgate referred to a spike in vehicle crime in Baxenden and reported that since two people had been arrested there had been no further incidents.

Inspector Holgate reported that CanSafe had been successful but pointed out that there was a trend towards house parties and as such the Police would review their strategy as changes happened.

Sam McConnell, Hyndburn Community Safety Partnership referred to the importance of preventing criminal offences and referred to the work and the initiatives that had been implemented by the Community Safety Partnership (CSP) to raise awareness and prevent crime. He also explained that Child Sexual Exploitation remained a priority and pointed out that they had taken a partnership approach to tackling the offence. He reported on the type of actions taken by the Community Safety Partnership including work with schools, training for taxi drivers and letters with direct contact numbers sent to the families of young people.

Members of the Committee expressed concern about road safety in a number of areas including the zebra crossings off the viaduct roundabout and on Blackburn Road, Oswaldtwistle. Inspector Holgate indicated that she would investigate to see if there had been any incidents in these areas that may provide evidence to show that the locations of the crossings required review. Councillor Allen reported that she had been in contact with Lancashire County Council who had acknowledged that there had been an analysis of the locations but had indicated that they would not be taking any further action. Inspector Holgate asked Councillor Allen to forward on emails relating to concerns about Blackburn Road, Oswaldtwistle and reported that she would ask the Police Co-ordinator to investigate her concerns.

Inspector Holgate and Sam McConnell reported on methods used by the Police and Community Safety Partnership to prevent crime such as - the promotion of activities to bring young people together in a positive way such as Friday night football. - the training of taxi drivers to recognise signs of Child Sexual Exploitation and how to report this. - The safeguarding young people by providing direct line numbers to contact if required. - to raise awareness of the impact of prolific shoplifting on businesses and the community.

Members expressed concern about the recent gun crime incident and asked if this had been an isolated event. They also suggested that there seemed to have been a rise in crime and asked if the budgetary cuts in Policing had contributed towards this. Members also asked for more information on the new service provider for domestic violence services.

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Inspector Holgate reported that a new Policing Model had been adopted to accommodate budgetary cuts to policing but informed the Committee that they had reverted back to traditional neighbourhood policing. She pointed out that this Policing strategy may have to change again in the future.

Sam McConnell reported that the changes in provider for domestic violence services were not yet known and that there would be a transitional period and more discussion to reach the service specification required.

Inspector Holgate reported that CanSafe had been successful but there was now more of a move towards house parties and consequently there was a need to review targets to ensure that the Police were in the right place at the right time.

Resolved (1) That, in light of the change of service provision for domestic violence in Hyndburn, it be recommended that Hyndburn Community Safety Partnership retained domestic violence as a community safety priority for 2017/18; and (2) That the road traffic accident figures be added to the work programme for 2017/18.

345 Proposal to Designate a Private Landlord Selective Licensing Scheme

The Private Rented Sector Manager and the Housing Strategy & Policy Manager submitted a report to consult the Communities and Wellbeing Overview and Scrutiny Committee on the proposed selective licensing designation for parts of Accrington and Church.

The Head of Regeneration and Housing reported that the existing private landlord selective licensing designation was due to end 30th November 2017 and that the Council was considering making a new designation in parts of Accrington and Church. He reported on the process required to do this and pointed out that the new scheme would last for 5 years. He referred to the persons who would be consulted on the new scheme.

Members submitted the following questions and comments:  why other parts of the borough had not be chosen to be included in the proposed scheme.  What fees the landlords would be expected to pay  How much involvements tenants have in the consultation to the scheme  What would happen to landlords who did not pay  Concern that landlords may be put off buying properties to rent in the area

The Head of Regeneration and Housing responded to the above questions and comments as follows:  Accrington and Church were already designated areas and other areas would require a separate consultation. He referred to limited resources but that other areas would still be considered.  £500 standard fee with a discount to £250 and then £220 per property annually.  All tenants are consulted on the proposed scheme. He pointed out that information was on the Council’s website and that there had been two public exhibitions.  Landlords who did not pay would be prosecuted by the Council and fined. He pointed out that the scheme aimed to raised standard for all tenants. He explained that good landlords would have nothing to fear and that it was the responsibility of the landlord to acquire good references from tenants.

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Resolved - That the contents of the draft Consultation proposal to Designate a Private Landlord Selective Licensing Scheme in parts of Accrington and Church be noted and supported by the Community and Wellbeing Overview and Scrutiny Committee.

Signed:……………………………………………

Date: …………….…………………………………………

Chair of the meeting At which the minutes were confirmed

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EXTRA-ORDINARY MEETING OF COMMUNITIES AND WELLBEING OVERVIEW AND SCRUTINY COMMITTEE

Tuesday, 7th February, 2017

Present: Councillor Eamonn Higgins (in the Chair), Councillors Mohammad Ayub, Loraine Cox, Glen Harrison and Jean Battle

In Attendance: Andrew Simpson – Transformation Manager, Mental Health Learning Disabilities, Lesley Patel – Director of Nursing, Specialised Commissioning North and Lee Taylor, Chief Operating Officer – Mersey Care Whalley

Apologies: Councillors Bernadette Parkinson and Kath Pratt

346 Apologies for Absence and Substitutions

Apologies for absence were submitted on behalf of Councillors Bernadette Parkinson and Kath Pratt.

Councillor Battle acted as substitute representative for Councillor Bernadette Parkinson.

347 Declarations of Interest and Dispensations

Councillor Glen Harrison declared a pecuniary interest in item 3 – ‘Presentation on the Proposal for Changes to Care at Calderstones Hopsital NHS Trust’ as an employee of Calderstones NHS and a dispensation which had been granted allowing Councillor Harrison to speak on the item. Councillor Harrison was therefore able to speak but not vote on the item.

348 Presentation on the Proposal for Changes to Care at Calderstones Hospital NHS Trust

Representatives of NHS England, Lesley Patel (Director of Nursing) and Andrew Simpson (Transformation Manager Mental Health Learning Disabilities) provided a presentation on the consultation for the proposed redesign of learning disability and autistic spectrum disorder services in the North West. Also present at the meeting was Lee Taylor, Chief Operating Officer representing Mersey Care.

The Overview and Scrutiny Officer reported that the reason for the extra-ordinary Committee was to provide Members with updated information on the consultation for the proposed redesign of the services in the North West affecting Mersey Care Whalley.

Andrew Simpson provided a presentation on the proposal including the following issues:

 An appreciation of the challenges posed for the large workforce.  Setting the scene for the consultation including the key documents and transformation of care.  Provided reasons for the case for change including money saved to be re-invested and that the outcome would be in the best interest of the community.  Details of the proposal to consider services for medium and low secure services.

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He referred to the two options provided in the proposal:

Option 1 (Preferred Option) – low secure beds with longer term needs. He reported that the design and location for this had not yet been decided and would possibly be located across the North West. He pointed out that it was their aim to provide bespoke care for patients.

Option 2 – to retain the site with less beds with this option being broken down further into 2A and 2B depending on the amount of beds retained at Whalley (Not the Preferred option).

Members raised the following points:

 Reports had shown mental health to be under-funded and under-resourced and consequently there was concern about if funding could be guaranteed to continue.  The previous closure of part of Calderstones had seen service users move into the community at the expense of property procurement and service user relocation. Properties were later sold and service users relocated once again. Concern was therefore expressed that that this may be repeated and for the welfare of the service user and accessibility by their families.  Would the relocation of service users into the community be safe for local residents?  That Mersey Care Whalley complied with specifications provided by the Inspectorate and that it currently provided a good service and was implementing changes in culture which would meet the transforming care agenda. The Committee believed that Mersey Care Whalley still had a part to play in providing a good service.  Fewer people were training to become mental health nurses and Mersey Care Whalley already had qualified and experienced staff to provided good health care service. Had consideration been given to how appropriately trained staff would be found to provide the care quoted in the consultation.  It had taken years for the hospital to build a relationship with the community and information was provided on the type of initiatives implemented. Concern was expressed about how to reproduce this level of support.  Concern was expressed about the picture of a child and wording in the document which did not accurately reflect the purpose of the hospital. Members considered that the consultation was misrepresentative and did not portray a balanced view.  The Maplewood buildings were new, opened only four years ago and 21st century accommodation which had not been reflected in the consultation which had presented Mersey Care Whalley as an old hospital with old buildings in an isolated area.  Two relevant reports to changes in mental health services had not been addressed in the consultation: Prison Reform Trust – 20-30% of offenders had learning disabilities and lacked appropriate support services and the 2009 Bradley Report – requirement for better mental health screening on arrival to prison. Members pointed out that these issues should have been reflected in the consultation and the remodelling of the proposed service.  The closure of the hospital would be costly at times of budget cuts.  The consultation had been released during a holiday period and local residents had not been consulted properly. People had not been fully informed and there had not been any public meetings to discuss issues.  Members felt that decisions had already been made and the consultation document was just paying lip service to a process.  Only 300 people had responded to the consultation and the site employed 800 staff. Had service users been fully informed of the proposed changes and had they been

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fully informed of the consultation document, which was complex and difficult to understand.  Confirmation was requested of how many beds would remain under Option 1 of the proposal.  If Option 2B was chosen there would be a saving of £2.7 million – would this amount be re-invested in services at Mersey Care Whalley including for training and support.  It was pointed out that Mersey Care had taken over six months ago and cultural changes at the hospital had already begun to be implemented.  Reference was made to capital costs and that the consultation reported that capital costs had not yet been approved. Questions were asked what would happen should approval not be given for capital funding.

Responses to the above comments provided by representatives of NHS England were as follows:

 Each patient would be eligible for a dowry which would follow them for their care.  There had been an overall reduction in the number of beds being used at Mersey Care Whalley.  A review for longer term care was required and the quality of life for patients was important within the review.  It was considered that cultural behaviour at Mersey Care Whalley required change in order to move away from an institutional approach.  Community relations were important and a good model was in place in other areas which would be used in Whalley.  It was considered that the buildings constructed on the Whalley site met the former model standards but new buildings would be required to provide the transformation of care planned.  The images printed on the consultation document were taken from NHS England pictures.  NHS England had liaised closely with organisations working with service users.  There had been a massive response to the consultation which would be analysed independently.  Under Option 1 there would be 70 beds made available.  If Option 2B was chosen there would be a saving of £2.7m and a good case for a business plan to reinvest this funding in services at Mersey Care Whalley. There would be support for this.  An independent company would analyse the responses to the consultation (approximately 300) and from this a decision would be taken which would be made available to all. All responses would be included and a recommendation made to NHS England.  A decision on capital funding had not yet been taken but the proposal for transforming care had been designed for capital to follow the decision.

Lee Taylor, Chief Operating Officer at Mersey Care, explained that hospitals had existed because people had not had access to the right support and that it was a big element for Mersey Care to support staff in providing the new model. He suggested that any savings from changes should be built into the cost of the service.

Resolved (1) That the Committee recommends that Hyndburn Borough Council supports Option 2B as set out in the ‘Consultation for the Proposed Redesign of Learning Disability and Autistic Spectrum Disorder Services in the North West’;

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(2) That the Committee’s disappointment be noted in the consultation process and the lack of reflection of the true service provided by Mersey Care Whalley in the consultation; (3) That it be noted that there was still a requirement for low secure care at Mersey Care Whalley; and (4) That the Chair of the Committee, with the Support from the Overview and Scrutiny Officer, provides a full response to the consultation which expresses the views and concerns of the Committee.

Signed:……………………………………………

Date: …………….…………………………………………

Chair of the meeting At which the minutes were confirmed

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RESOURCES OVERVIEW AND SCRUTINY COMMITTEE

Tuesday, 14th February, 2017

Present: Councillor Abdul Khan (in the Chair), Councillors Judith Addison, Jean Battle, June Harrison, Terry Hurn, Jenny Molineux and Paddy Short

In Attendance: Messrs. Paul Barton and Ian Ormerod, Co-optees Councillor Miles Parkinson, Leader of the Council Councillor Munsif Dad, Portfolio Holder for Health and Communities Councillor Tony Dobson, Leader of the Conservative Group Councillor Gareth Molineux, Portfolio Holder for Resources Councillor Paul Thompson, Leader of the UK Independence Group Two Members of the Public

Apologies: Councillors Lisa Allen, Stephen Button and Tim O'Kane

362 Apologies for Absence

Apologies for absence were received from Councillors Lisa Allen, Stephen Button and Tim O’Kane.

363 Substitutions

Councillors Judith Addison and June Harrison attended the meeting as substitute representatives for Councillors Lisa Allen and Stephen Button respectively.

364 Declarations of Interest and Dispensations

There were no declarations of interest or dispensations.

365 Medium Term Financial Strategy 2017/18 to 2019/20

The Portfolio Holder for Resources (Councillor Gareth Molineux) submitted a report giving the Council’s Medium Term Financial Position for 2017/18 to 2019/20. The Strategy was appended to the report and set out the three year projections of income and spending for the Council ahead of formulating its savings plans so it could set an Annual Budget for 2017/18. Appendix 1 of the Strategy set out the background to the current budget predictions in figures to give an idea of commitments, funding and potential Council Tax levels. Two further scenarios were provided in Appendices 2 and 3 to outline the potential range of values over the coming period. Appendix 2 indicated the outer level of what the Council could face in a pessimistic future, whilst Appendix 3 showed an Optimistic forecast based on many things going in the Council’s favour over the next three years. The figures in Appendix 1 however remained the current best estimate of the likely financial position over the next three years. The report addressed the following aspects and had been submitted to Cabinet on 8th February 2017:-

 Introduction  Objectives  Elements of the Medium Term Financial Strategy

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 Service Planning to Support Overall Strategy  Integrated Resource Planning with Service Plans  Background Information  Financial Analysis 2017/18 to 2019/20  Changes in Costs  Growth  Reserves  Other Assumptions  Equality Impact Assessment  Scenarios  Robustness of Forecast  Overall Net Position

Responses were given to the following issues raised by the Committee:-

 Alteration of Government Grant Settlement Figures  New Homes Bonus Additional Grant  Revenue Support Grant 2011/12

Resolved - That the contents of the report be noted.

366 Performance Indicators and Treasury Management Strategy

The Portfolio Holder for Resources submitted a report setting out the Council’s policy and objectives with respect to treasury management, to explain how it would achieve its objectives and manage its activities and to agree an investment strategy for 2017/18. The Minimum Revenue Provision Policy Statement 2017/18, Treasury Management Policy Statement 2017/18 and Hyndburn Borough Council Treasury Management Practices 2017/18 were attached to the report as Appendices 1, 2 and 3 respectively. The report addressed the following aspects and had been submitted to Cabinet on 8th February 2017:-

 Prudential Code and Prudential Indicators  Capital Expenditure and Capital Financing Requirement  Estimated Capital Expenditure  Minimum Revenue Provision  Affordability Prudential Indicators  Treasury Management Strategy 2017/18 – 2019/20  External Debt Overall Limits  External v Internal Borrowing  Limits on Activity  Debt Rescheduling  Investment Strategy  Treasury Management Practices  Policy on the Use of External Service Providers  Treasury Management Strategy In-Year and Year End Reporting

Resolved - That the contents of the report be noted.

367 General Revenue Budget 2017/18

The Portfolio Holder for Resources submitted a report setting out proposals for the 2017/18 General Fund Revenue Budget which also provided an overview of key issues which had arisen from the Medium Term Financial Strategy. The 2017/18 Revenue Budget required a

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net expenditure of £11,197,000 and under the budget proposals, Council Tax for Hyndburn residents would rise for Hyndburn Council provided services by £5.00 per year for a Band D property. The rise was the first since 2009/10. Altham Parish Council had set a separate precept for its activities and increased its charge for a Band D property by £2.00 per year. The following information was attached to the report, which had been submitted to Cabinet on 8th February 2017:-

 Appendix 1 - Initial Outline Budget 2017/18  Appendix 2 - Revenue Budget 2017/18  Appendix 3 - Composite Saving List 2017/18  Appendix 4 - Hyndburn Borough Council Tax Increase 2017/18 by Property Band  Appendix 5 - Overall Change in Council Tax 2017/18  Appendix 6 - Altham Parish Precept 2017/18 by Property Valuation Band

Responses were given to the following issues raised by the Committee:-

 Negotiations with Lancashire County Council about Resuming Funding for Recycling  Implementation of Green Waste and Bulky Waste Collection Charges and Green Waste Collection  Simplification of Waste Collection Service  Assessment of New Waste Collection Service and Costings  Fly-Tipping  Visits to Local Tip and Use of Skips  Contamination of Waste  EU Directives  Benefits to the Council from the Apprenticeship Levy  Age Limit for Apprenticeships  Car Parking Provision and Enforcement

Resolved - That the contents of the report be noted and supported.

368 Capital Programme 2017/18

The Portfolio Holder for Resources submitted a report relating to the Council’s capital investment priorities for 2017/18 and asking Cabinet to recommend to the Council a capital programme for approval at its meeting on 23rd February 2017, having regard to key linkages between the management of the Council’s capital and revenue resources. The report set out the Council’s capital investment priorities for 2017/18 and a Capital Programme for 2017/18 of £9,353,238 was appended to the report. The report had been submitted to Cabinet on 8th February 2017. Reference was made to additional Hyndburn funding, external funding, no additional borrowing, recycling investment, housing regeneration, Town Centre improvements, disability grants, road improvements, central heating grants, Market Hall improvements and Christmas lights. Responses were given to the following issues raised by the Committee:-

 Savings “Pay Back” from Investment in Recycling Vehicles and Bins  Recycling Collections  Contamination of Recyclable Waste  Completion of Woodnook Housing Renewal Scheme and Possible Further Investment  Rent and Purchase of Woodnook Properties  2016/17 Spend on Disabled Facility Grants and Number of Beneficiaries  Grant Application Approval Period

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 Allocation of Property Disposal Costs and Income Generated from Disposal  Cannon Street Offices  Allocation for Safe House and Future Management of Property  Allocation for Planned Asset Improvements and List of Assets to be Improved

Resolved - That the contents of the report be noted and supported.

369 Main Opposition Group - Budget Proposal 2017/18

The Main Opposition Group (Conservative Group) declined the invitation to submit alternative proposals for the Council’s 2017/18 Budget and the Leader of the Group (Councillor Dobson) indicated that although the Group understood the financial pressures on the Council and would always endeavour to be positive and creative, it would highlight those areas where it felt better decisions could be made by the Controlling Group of the Council. Councillor Dobson reported that budget suggestions from the Conservative Group would be submitted to Council and would relate to the enhancement and improvement of proposals for projects such as improvement of Accrington Town Centre. Concern was raised in regard to the reduction of the Planning Services Budget and how that might impact on service provision.

Resolved - That the non-submission of budget proposals to the Committee by the Main Opposition Group (Conservative Group) be noted and the Leader of the Conservative Group be thanked for his contribution to the discussions of the Committee.

370 UK Independence Group - Budget Proposals 2016/17

The Leader of the UK Independence Group (Councillor Paul Thompson) declined the invitation to submit alternative proposals for the Council’s 2017/18 Budget.

Resolved - That the non-submission of budget proposals to the Committee by the UK Independence Group be noted.

371 The Leader of the Council to Receive Representations and Questions from Members of the Public and Individual Members of the Council and the Budget

Members of the Public had been invited to attend the meeting to hear about budget proposals and to ask questions about the budget if they so wished. Two residents were in attendance, one of whom commented or raised questions in relation to procurement of work, use of social media for consultation purposes, improvement of and attraction of businesses to Accrington Town Centre, proposed collection charge for green bin waste, litter control and street cleansing and car parking and enforcement procedures on retail car parks. The Leader of the Council and the Portfolio Holder for Resources responded to the issues raised.

372 Summary of Overview and Scrutiny Comments and Resolutions to be presented to Council

The Chair referred to the need to submit a Summary of the discussions held and decisions reached during the meeting of the Committee to full Council on 23rd February 2017. Resolved - That Council be requested to note the following resolutions of the Committee:-

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(1) That the contents of the following reports be noted:- Medium Term Financial Strategy 2017/18 to 2019/20 Performance Indicators, Treasury Management and Investment Strategy 2017/18 to 2019/20 General Fund Revenue Budget 2017/18 General Fund Capital Budget 2017/18 (2) That having reviewed and debated the budget submitted, the contents of the revenue and capital budget reports be supported as outlined.

Signed:……………………………………………

Date: …………….…………………………………………

Chair of the meeting At which the minutes were confirmed

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JUDICIAL COMMITTEE (PRIVATE HIRE AND HACKNEY CARRIAGE LICENSING)

Wednesday, 15th February, 2017

Present: Councillor Joyce Plummer (in the Chair), Councillors Stewart Eaves, Melissa Fisher (Vice Chair), Eamonn Higgins, Julie Livesey and Paddy Short (Minutes 379 and 380 only)

373 Apologies for Absence

There were no apologies for absence.

374 Declarations of Interest and Dispensations

There were no declarations of interest or dispensations.

375 Licensing Procedures for Meetings of the Committee

The General Licensing Procedure and the Complaints Licensing Procedure to be used in relation to hackney carriage and private hire driver licences were submitted. Copies of the relevant procedure had been sent to the applicant, drivers and complainants.

Resolved - That the Procedures be noted.

376 Licensing Guidelines

The Licensing Guidelines (Appendix G of the Hyndburn Borough Council Hackney Carriage and Private Hire Licensing Policy 2013 - 2016) to be used in relation to determining applications for hackney carriage and private hire driver licences was submitted.

Resolved - That the Guidelines be noted.

377 Exclusion of the Public

Resolved - That, in accordance with Section 100A(4) Local Government Act 1972, the public be excluded from the meeting during the following items, when it was likely, in view of the nature of the business to be transacted, or the nature of the proceedings, that there would otherwise be disclosure of exempt information within the Paragraph at Schedule 12A of the Act specified at the items.

378 Report Relating to a Licensed Joint Driver (SA)

Exempt information under the Local Government Act 1972, Schedule 12A, Paragraph 3 - Information relating to the financial or business affairs of any particular person (including the authority holding that information))

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The Licensing Manager, on behalf of the Executive Director (Legal and Democratic Services) submitted a report informing the Committee of relevant issues relating to a licensed joint driver (SA). A complaint had been lodged by a member of the public against the driver and was set out in the report. The complainant had also informed the Police. The following documents were appended to the report:-

Appendix 1 Copy of complaint received on 30/08/2016 Appendix 2 Copy of email to Police dated 31/08/2016

Attention was drawn to Appendix G (Policy on the Relevance of Convictions and Cautions) of the Hyndburn Borough Council Hackney Carriage and Private Hire Licensing Policy 2013-2016. Legal advice on the relevance of the complaint was sought by and provided to the Committee at the meeting.

In accordance with licensing procedure, the driver (SA) and his representative had been invited to attend the meeting and in that respect, the driver and his representative (MD) were in attendance. The complainant (SR) and her representativs had also been invited to the meeting and in that respect, the complainant and her support worker (KS) were in attendance.

The driver submitted a character reference from his employers (Max Cabs Ltd), together with a copy of the ‘View Booking’ relating to the journey.

The Committee was requested to:-

(a) Determine whether the facts related in the complaints were substantially true;

(b) Having made a finding of the facts, decide whether those facts revealed if the driver had acted either unlawfully or in breach of any legislation, regulation or licence condition governing the conduct of licensed private hire vehicle drivers; and,

(c) Determine what action, if any, should be taken against the driver. Resolved - That due to disparities in the evidence provided by both the complainant and the driver, the Committee had felt unable to make an informed decision on whether the complaint should be upheld. The Committee was of the opinion that there must have been some basis for the disagreement between the complainant and the driver and agreed that a formal warning be placed on the driver's licensing records for the reasons outlined at the meeting and set out in the decision notice.

379 Application for a Private Hire Driver's Licence (RMS)

(Exempt information under the Local Government Act 1972, Schedule 12A, Paragraph 3 - Information relating to the financial or business affairs of any particular person (including the authority holding that information))

The Licensing Manager, on behalf of the Executive Director (Legal and Democratic Services) submitted a report outlining an application for a private hire vehicle driver licence. A copy of the Enhanced CBS was appended to the report.

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Attention was drawn to Appendix G (Policy on the Relevance of Convictions and Cautions) of the Hyndburn Borough Council Hackney and Private Hire Licensing Policy 2013-2016. Legal advice on the relevance of convictions was sought by and provided to the Committee at the meeting.

In accordance with licensing procedure, the applicant (RMS) and his representative had been invited to attend the meeting and in that respect, the applicant and his representative (MD) were in attendance.

The Committee was requested to consider whether the applicant was a fit and proper person to be licensed.

Decision of the Committee:-

Resolved - That, as the applicant (RMS) was considered to be a ‘fit and proper person’, his application for a Private Hire Vehicle Driver Licence be granted for the reasons outlined at the meeting and set out in the decision notice.

380 Report Relating to a Licensed Private Hire Driver (KH)

Exempt information under the Local Government Act 1972, Schedule 12A, Paragraph 3 - Information relating to the financial or business affairs of any particular person (including the authority holding that information)

The Licensing Manager, on behalf of the Executive Director (Legal and Democratic Services) submitted a report informing the Committee of relevant issues relating to a licensed private hire vehicle driver (KH). A complaint had been lodged by a member of the public against the driver and was set out in the report. The following documents were appended to the report:-

Appendix 1 - DVLA check on 14th December 2015 Appendix 2 - Driver’s letter received 16th December 2015 Appendix 3 - Warning letter dated 29th January 2016 Appendix 4 - DVLA check on 10th November 2016 Appendix 5 - Complaint from a member of the public

Attention was drawn to Appendix G (Policy on the Relevance of Convictions and Cautions) of the Hyndburn Borough Council Hackney Carriage and Private Hire Licensing Policy 2013-2016. Legal advice on the relevance of the complaint, previous complaints, traffic and speeding offences and a caution and a warning notice issued by the Licensing Section was sought by and provided to the Committee at the meeting.

In accordance with licensing procedure, the driver ((KH) and his representative had been invited to attend the meeting and in that respect the driver and/or his representative were not in attendance. The complainant (JH) and her representative had also been invited to the meeting and in that respect, the complainant and/or her representative were not in attendance.

The Committee was requested to:-

(a) Determine whether the facts related in the complaint were substantially true;

(b) Having made a finding of the facts, decide whether those facts revealed if the

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driver had acted either unlawfully or in breach of any legislations, regulation or licence condition governing the conduct of licensed private hire vehicle drivers; and,

(c) Determine what action, if any, should be taken against the driver.

Decision of the Committee:-

Resolved (1) That the complaint lodged against the private hire vehicle driver (KH) be upheld. The Committee found that on the balance of probabilities the evidence provided found in favour of the complaint; and,

(2) That, as the driver (KH) was not considered to be a ‘fit and proper person’, in that his conduct had been inappropriate and not that expected of a licensed private hire vehicle driver, his private hire driver’s licence be revoked pursuant to Sections 61(1)(a)(ii) and 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976 and for the reasons outlined at the meeting and set out in the decision notice.

Signed:……………………………………………

Date: …………….…………………………………………

Chair of the meeting At which the minutes were confirmed

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PLANNING COMMITTEE

Wednesday, 1st March, 2017

Present: Councillor Bernard Dawson (in the Chair), Councillors Loraine Cox (Vice Chair), Judith Addison, Mohammad Ayub, Stephen Button, Stewart Eaves, Melissa Fisher, June Harrison, Eamonn Higgins, Abdul Khan, Kath Pratt, Paddy Short and Paul Thompson

Apologies: Councillors

390 Apologies for Absence, Substitutions, Declarations of Interest and Dispensations

No apologies for absence were submitted.

There were no substitute representatives.

There were no reported declarations of interest.

391 Minutes of the Last Meeting

The minutes of the last Planning Committee held on the 1st February 2017, were submitted for approval as a correct record.

Resolved - That the Minutes be received and approved as a correct record.

392 Town and Country Planning Act 1990- Planning Applications for Determination

The Chief Planning and Transportation Officer submitted a report setting out recommended action on the following planning applications.

Resolved - (1) That the following planning application be approved subject to the conditions as per the report:-

11/17/0018 Change of use of ground floor A1 shops (off licence) to A5 hot food takeaway (Resubmission of 11/16/0302) 145 Manchester Road, Accrington

N.B. 1. The Chief Planning and Transportation Officer drew the Committee’s attention to the extra information contained within the update report which was released before the meeting and related to the above planning application.

Resolved - (2) That the following planning application be approved contrary to the officer recommendation as per the report and the Chief Planning and Transportation Officer be delegated authority to approve appropriate conditions:-

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11/17/0019 Full: Erection of single storey rear extension with lower level garage (Resubmission of 11/16/0383) 188/190 Blackburn Road, Accrington

N.B. 1. Mr Mohammed Ghafoor spoke at the Committee in support of the above planning application and against the Officer’s recommendation to refuse planning permission.

393 Supplemental Agenda- Planning application 11-16-0490

The Chief Planning and Transportation Officer submitted a supplemental agenda report setting out recommended action on the following planning application.

Resolved - (3) That the following planning application be approved subject to the conditions as per the report and the applicant entering into a Section 106 agreement:-

11/16/0490 Major full: Erection of 24 no units (comprising 3 and 4 bed units) including landscaping and access. Land at Rhoden Road, Oswaldtwistle

N.B. 1. The Chief Planning and Transportation Officer drew the Committee’s attention to the extra information contained within the update report which was released before the meeting and related to the above planning application.

2. Mr Simon Thomas spoke at the Committee in objection of the above planning application and against the Officer’s recommendation to approve planning permission.

3. Ms Paula Fitzgerald spoke at the Committee in support of the above planning application and in favour of the Officer’s recommendation to approve planning permission.

Signed:……………………………………………

Date: …………….…………………………………………

Chair of the meeting At which the minutes were confirmed

211 Page 184 Agenda Item 11.

REPORT TO: Council

DATE: 23 March 2017

REPORT AUTHOR: Monica Bell, Senior Member Services Officer

TITLE OF REPORT: Motion for debate at Council - 1. Chaigley Manor/To Inspire 2. Save Our NHS 3. Against the Introduction of Driver Only Trains on Northern Rail 4. Highams Playing Fields

EXEMPT REPORT: No Not applicable

KEY DECISION: No If yes, date of publication: n/a

Council will be asked to consider the following motion submitted under Council Procedure Rule A9:-

1. Chaigley Manor / To Inspire

“That this Council investigates the work of To Inspire (formerly Chaigley Manor Trust) and the reasons for them being over three years late presenting their accounts to the Charity Commission. The Charity exists to benefit young people up to the age of 25, particularly those who are resident in the Borough of Hyndburn”.

Proposer: Councillor Judith Addison Seconder: Councillor Peter Britcliffe

Submitted on: 15th March 2017

2. Save Our NHS

“Council notes, the conservative government’s NHS sustainability and transformation plans (STPs) are being conducted in secrecy, with no consultation of patients or staff, not based on clinical evidence, driven by 22bn of cuts, resulting in massive centralisation of NHS services and leading to closures, reconfigurations and privatisation.

This mass top down reorganisation will result in the closure of more than 2,000 beds in acute and community hospitals and the loss of thousands of jobs.

Council notes with serious concern, the lack of detailed STP plans currently in the public domain for Hyndburn. The projected cuts to NHS funding across Lancashire and Hyndburn of over £500 million will have a devastating impact on health services across Hyndburn.

Page 185 Council resolves, to ask the Chief executive:

 To write to Health Secretary Jeremy Hunt for an urgent meeting to discuss the crisis in Hyndburn and provide a fair funding deal.

 To write to the STP lead in Lancashire and Hyndburn Dr Amanda Doyle, asking for all the plans detailing over £500 million of savings be published as a matter of urgency.

 For such far-reaching plans to work they must have buy-in from patients and the local community. This Council is calling for meaningful public engagement around STPs at the earliest possible stage, including full and accessible publication of the plans.

 STPs should not be allowed to avoid scrutiny from local authority bodies such as Health Overview and Scrutiny Committee and Health and wellbeing boards. This Council is calling for support for local Authority Scrutiny bodies in carrying out their governance and oversight roles as a means of holding STPs to account.

 Contact all local MPs of all parties, to support the NHS Reinstatement Bill which was successfully presented in the House of Commons by Margaret Greenwood Labour MP for Wirral West. The Bill is Scheduled for a second reading on Friday 24th March 2017.”

Proposer: Councillor Glen Harrison Seconder: Councillor Munsif Dad

Submitted on: 28th February 2017

3. Against the Introduction of Driver Only Trains on Northern Rail

“The People of Hyndburn deserve to travel on local trains safe in the knowledge that their personal safety is paramount.

Hyndburn Borough Council welcomes that Northern Rail passengers are currently guaranteed a safety critical Trainguard on board every Northern Rail train to assist in protecting the safety of the train and passengers, provide advice and assistance and to allow disabled passengers to embark and disembark at unstaffed stations.

Hyndburn Borough Council is concerned however at the proposals for Northern Rail franchise let by the Department of Transport and jointly managed with Rail North Councils that will end the guarantee of a Guard on every train by introducing Driver Only Operation on at least 50% of services.

Hyndburn Borough Council is further concerned that this has resulted in a industrial dispute between Northern Rail and the RMT union.

Hyndburn Borough Council believes there is no need for a dispute if Northern Rail reaches a similar agreement to those recently reached by Transpennine Express and Scotrail which have retained Guards whilst also introduce new modern rolling stock. Page 186

Hyndburn calls on our Rail North representatives to make representation to Northern Rail to reach an agreement with RMT that retains the guarantee of a safety critical guard on every train and demand off the Government appropriate changes to the franchise agreement if that should prove necessary.”

Proposer: Councillor Stewart Eaves Seconder: Councillor June Harrison

Submitted on: 13th March 2017

4. Highams Playing Fields

“That Council resolves that following the Cabinet Decision to commission a feasibility study into the possible use of Highams Playing Fields as a Community Sports Hub by Accrington Stanley Supporters Trust.

1. This Council urges Cabinet to review its decision on the use of Highams Playing Fields and maintain it as an informal, publically accessible field.

2. This Council recognises the strong wishes of local residents that the fields are not fenced off.

3. This Council acknowledges the commitment expressed by the Council at the Cabinet Meeting held of 13th June 2012 and commits to investigate section 3.7 if the report that states:

“Legal services indicated that there are no underlying issues relating to title which would prevent the sites from being dedicated as QE2 fields. However dedicating a site as a QE2 field meant that the Council was voluntarily restricting the use of the site and prevents the disposal of any such site, without first obtaining consent from FiT. Such consent would be subject to a replacement site being provided and a further deed of dedication being completed. Dedicating a site as a QE2 field also restricts the Council’s ability to sub-let part or the entire site to another party, without first obtaining consent from FiT”.

And informs Full Council on whether discussions with “Fields in Trust” (FiT) have taken place, as the potential scheme directly contradicts this.”

Proposer: Councillor Malcolm Pritchard Seconder: Councillor Paul Thompson

Submitted on: 14th March 2017

Page 187 5. Skipton to Colne Rail Link

“That this Council resolves to write to the Department of Transport and the Transport for the North and Lancashire County Council to add its support for the re-establishment of the Skipton to Colne Rail Link.

An extension of the Skipton to Colne Rail Link is a vital link for rail infrastructure for East and West connectivity in the North of England. The benefits of the extension to the whole East Lancashire region would be considerable as demonstrated by the re-commencement of trains along the Todmorden Curve and especially to Accrington Station.

The Council also recognises that some of the East Lancashire communities, including Hyndburn are among the most deprived in the UK, and the economic and social impacts of improved transport links would support those communities, in addition to industry and businesses across the whole of the North.

It is vital that East-West Connectivity improvements are carried out through a road and rail investment program capable of unlocking new growth opportunities in East Lancashire and the wider LEP area, and that they should be included in the ‘Northern Powerhouse’ project.

The Council also recognises the work of SELRAP in promoting the line re-establishment of the Skipton to Colne line and supports its endeavours”.

Proposer: Councillor Abdul Khan

Seconder: Councillor Mohammad Ayub

Submitted on 3rd March 2017

H:\MemberServices\Member Services Shared\COUNCIL\2016-17\Template for Report of Motions to Council.docm

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