Agenda Item 11(c)

CITY COUNCIL

18 SEPTEMBER 2012

QUESTIONS ASKED BY MEMBERS OF COUNCIL

FOR WRITTEN REPLY (CPR10)

MQ01 COUNCILLOR P ABRAHAM TO ASK COUNCILLOR S COOK, LEADER OF COUNCIL

SEE NO EVIL 2

Q1. Can the Leader advise me who authorised the underwriting of this project to the tune of £50k?

A1 The project was under-written by up to £50,000 by a decision of the (then) Chief Executive. This compares to the £80,000 grant funding provided last year, and was in support of attracting well over £200,000 of external funding. The event was once again a considerable critical success, attracting huge visitor numbers (and with them extra spending on retail, food, drink and hotels) as well as international coverage.

Q2. What conditions are attached to this Council Tax payer backed guarantee?

A2 The project was overseen by a panel of a senior council officer, a senior official from the University of (who also contributed funding), and the Chief Executive of the Watershed, who were co-curators of the project which received Arts Council funding. The conditions for the financial support from the city council were that this oversight group would satisfy itself that the programme was run properly, calling on the funding only if necessary, which has proved the case.

Questions from Representatives of Full Council 18 SEPTEMBER 2012 Q3. Does the Leader approve of the extensive which obliterate/adorn the archways at St John's Gate - one of the City's most ancient sites?

A3 These particular archways were in fact painted back in September 2008, and were therefore nothing to do with either this year’s or last year’s See No Evil. I cannot speak to the detail of that matter, as there are no relevant records readily available from that long ago. The two See No Evil events were explicitly constrained from painting over any new such listed or historic buildings

Q4. What other historic structures in Bristol does the Leader feel would benefit from such decoration?

A4 See No Evil organisers had the permission of building owners before painting their , and this clearly would not have taken place on such listed or historic structures. In contrast, the sides of car parks, abandoned magistrates’ courts etc. have been enhanced by the addition of street art.

MQ02 COUNCILLOR R EDDY TO ASK COUNCILLOR A NEGUS, CABINET MEMBER FOR HOUSING, PROPERTY SERVICES AND REGENERATION

CRACKDOWN ON SOCIAL HOUSING FRAUD

Q1. Does the Cabinet Member support the measures being introduced by the Coalition Government to reform eligibility for social housing?

A1 Broadly, yes; given the very limited availability of social housing, tools that can be made available to providers that ensure housing is allocated to those most in need are welcomed.

Q2. More specifically, can the Cabinet Member confirm that he endorses “The Prevention of Social Housing Fraud Bill” currently at its Committee stage, which

Questions from Representatives of Full Council 18 SEPTEMBER 2012 aims to make subletting of social homes a criminal offence?

A2 See A1 above. Bristol does not currently have the same proven level of tenancy fraud as many of the authorities, but it is anticipated that attempted fraud levels will rise in coming years.

Q3. Can he tell me what is the estimated level of such fraud amongst the Authority's tenants?

A3 The Audit Commission1 estimate the level of Tenancy Fraud outside London to be 1% of housing stock. This would equate to around 280 properties in Bristol. Internal Audit has worked on Tenancy Fraud referrals since 2010/11 and has received in excess of 400 referrals to date. During 2011/12 Internal Audit & the Legal Policy & Projects Officer (NH) confirmed 27 cases of Tenancy Fraud. Estate Management have also dealt with cases of Tenancy Fraud & Abuse without assistance and there were 17 properties recovered in 2011/12. As at 11 September 2012, 60 cases are at various stages of investigation by Internal Audit. Judging by the current workload, they expect to have a similar amount of regains during 2012/13. 1 Audit Commission, Protecting the Public Purse, November 2011

Q4. How much is this activity costing Bristol City Council in terms of lost revenue and what effect would its elimination have on cutting the current housing waiting list?

A4 See A3 answer above for the scale of the problem. It is not possible to say what the effect of this fraud is either in terms of lost revenue or the waiting list. It is far from clear, for instance, that sub-tenants would become the council’s liability for rehousing. However, if properties in these fraud cases become available for individuals or families on the waiting list, that clearly would reduce the list and save the council the cost of temporary accommodation, reckoned, in the case of a family, to cost around £18,000 a year. In Internal Audit’s experience, the majority of frauds had continued for

Questions from Representatives of Full Council 18 SEPTEMBER 2012 more than one year before intervention. We do not have exact costings for Bristol City Council but we will provide Cllr Eddy separately with an estimate of this.

MQ03 COUNCILLOR S COMER TO ASK COUNCILLOR DR J ROGERS, DEPUTY LEADER AND CABINET MEMBER FOR RESOURCES

VASSALL CENTRE

Q1 Following the recent announcement that the nationally acclaimed Vassall Centre, in Fishponds may have to close, what is the city council doing to ensure that the disabled organisations that use it find suitable venues where they can continue to help disabled people from Bristol and surrounding areas?

A1 We have all been both surprised and concerned by the recent announcement of closure of the Vassall Centre. This is a highly valued centre and the only one of its kind in Bristol, providing a “barrier-free workspace for disability organisations and a barrier-free conference centre to the community and region”.

We were not informed directly and as yet we do not fully understand the reasoning behind this proposal. Senior officers were due to meet with the Trustees yesterday (Sept 17) to discuss the situation. As a council, we commission a number of the health and social care services delivered from the site and we would be extremely concerned to protect their future service delivery.

MQ04 COUNCILLOR R EDDY TO ASK COUNCILLOR T KENT, CABINET MEMBER FOR BUDGET AND TRANSPORT

ERRONEOUS ISSUING OF PARKING TICKETS TO ABUS SERVICES VEHICLES

Q1. Does the Cabinet Member recall my raising with him last year (email 31st October 2011) the inappropriate

Questions from Representatives of Full Council 18 SEPTEMBER 2012 and irregular issuing of parking tickets to ABUS vehicles parked up in central area bus stops?

A1 Yes I do recall this.

Q2. Can you confirm what action was taken at that time to stop this vexatious practice?

A2 I referred the matter to officers who sent you a comprehensive response on 9th November 2011. This detailed how and why the Parking restrictions are enforced and how we never issue Penalty Charge Notices to any bus unless it has been left unattended for more than five minutes or the driver refuses to move on.

Q3. Unfortunately, it appears that this problem continues to take place, with Parking attendants still attempting to levy fines against this company even when its drivers use designated bus stands. Is the Cabinet Member prepared to issue clear instructions to his officers that this 'harassment' must cease?

A3 Parking enforcement has taken place in the way described to you and will continue to do so where we consider this to be fair and proportionate. As far as I am aware no Penalty Charge Notices (PCN) have been issued to a vehicle waiting at a bus stand. If ABUS consider that a PCN has been unfairly issued they should appeal in the normal way and their evidence will be considered.

Q4. Does the Cabinet Member agree with me that the Authority must not hinder or undermine in this way the lawful activities of valued local bus operators?

A4 I fully support bus operators having the ability to undertake their lawful activities but they must show full regards to other operators and operate within the legal framework. At the same time bus stops are there for all companies and their passengers. Too often passengers are forced to board in the middle of the road and this is unacceptable. This also makes travel very difficult for those with disabilities, frail or with young children.

Questions from Representatives of Full Council 18 SEPTEMBER 2012 Operators need to take responsibility for actions that have a negative impact on other operators or their passengers. The overstaying of a bus at a stop could impact on the ability of another service to access this resulting in passengers having to board or alight directly from the carriageway as opposed to being able to use the raised bus boarders.

Council officers continue to look for ways to increase capacity for bus operators within the centre and I have directly requested that they identify additional layover stops that can be used for those that need them. At the same time we will need cooperation from operators especially in eradicating excessive lay over times.

MQ05 COUNCILLOR DR D WILLINGHAM TO ASK COUNCILLOR G POULTNEY, CABINET MEMBER FOR FESTIVAL AND NEIGHBOURHOOD

PUBLIC LIABILITY INSURANCE FOR VOLUNTEERS

Q1 Central Government initiatives around Localism, and the Council's excellent introduction of Neighbourhood Partnerships, are fantastic vehicles to enable communities to tackle local issues. However, in today's litigious climate, many volunteers can be deterred by the risk, whether genuine or perceived, of being sued. Could the Executive Member please advise if the Council will investigate how to provide Public Liability Insurance for volunteers who serve their communities with the economies of scale achievable through central funding rather than leaving each NP to act individually?

A1 Legally all organisations who undertake activities in a public place that could place any member of the Public in danger or risk need to have Public Liability cover for everyone undertaking that activity on that organisations behalf, this includes volunteers.

The Council has insurance cover including volunteers for activities it undertakes. We are currently seeking

Questions from Representatives of Full Council 18 SEPTEMBER 2012 legal clarification as to whether some community activity can be legally classified as being a Council activity which could mean that volunteers can be covered by the Council’s insurance arrangements. The Council will endeavour to support community activity wherever possible.

MQ06 COUNCILLOR DR D WILLINGHAM TO COUNCILLOR C CAMPION-SMITH, CABINET MEMBER FOR CHILDREN AND YOUNG PEOPLE

CHILDREN AND SMOKING

Q1 National legislation such as the smoking ban, the increase in the age restrictions on cigarettes, and further proposals such as the campaign for plain packaging, as well as the work of Bristol West's MP, Stephen Williams, in his capacity as chair of the All Party Parliamentary Group on Smoking and Health, are trying to tackle an industry which needs to find what it cynically calls "replacement smokers" for the ones it sends to an early grave with diseases such as emphysema and lung cancer. Could the Executive Member please advise what is being done by the Council in its capacity as a Corporate Parent to try to deter our Children in Care from taking up smoking?

A1 It is clearly very important that the Council, in its role as corporate parent, to deter children and young people in care from taking up smoking. There are therefore a range of policies and practices in place to dissuade children and young people from starting smoking and to encourage actively those that do to quit smoking. Examples include: • On going education of young people around the health and safety risks of smoking. This is done in a range of ways, including in the Children in Care guide and in regular face to face discussions with young people.

Questions from Representatives of Full Council 18 SEPTEMBER 2012 • Staff are expected to challenge young people about smoking, and not to smoke in front of or near young people.

• A range of other resources are also used, for example looked after children (LAC) nurses and the NHS Stop Smoking Team will work with young people to encourage them to give up smoking. LAC nurses discuss smoking habits with looked after children at their health assessment encouraging them to use local support to stop smoking.

• Relevant DVDs and leaflets are also regularly given to young people.

• Active encouragement of young people in beneficial and creative activities to develop positive, healthy lifestyles.

• The children's homes have a 1-2-1 Smoking Adviser who is able to link in with the local pharmacy, giving advice and guidance.

• Foster carers and social workers must not supply young people with cigarettes.

Specific support is given to foster carers to assist children in ceasing to smoke. There is a clear policy about smoking for foster carers and training is available to help carers support young people to give up.

It is recognised that some young people will experiment with smoking, and some may already be smoking when they come in to care. Many different initiatives are there in place to be proactive in discouraging children and young people in care from smoking.

MQ07 COUNCILLOR DR D WILLINGHAM TO ASK COUNCILLOR DR J ROGERS, DEPUTY LEADER AND CABINET MEMBER FOR RESOURCES

Questions from Representatives of Full Council 18 SEPTEMBER 2012 COUNCIL CYCLING SCHEME

It is evident from posters in Council offices that the Council encourages its employees to cycle to work by participating in the Cycle to Work scheme, that allows employees to secure the use of a bike for commuting to work and pay for it by salary sacrifice. Most elected members are paid an allowance through the Council's payroll system, and many will have income tax and national insurance contributions deducted from their allowance. The Council House is also one of their places of work.

Q1 Does the Executive Member think that encouraging more employees, including elected members, to cycle to work through this scheme or other initiatives is be a positive thing and demonstrates the council's on-going commitment to the Cycling City project?

A1 The Council is fully committed to promoting cycling and encouraging more people to cycle to work in the city, including Council staff and Members, and offers a broad range of support and incentives to its staff including the Cycle to Work Scheme.

The Local Sustainable Transport Fund projects are building on the successful work of Cycling City, continuing to work closely with Bristol employers to promote and incentivise cycling among their staff. The successful Cycle Champions network has over 50 members including many Council officers

Q2 Could the Executive Member advise whether Councillors are treated as employees and can obtain a bicycle under this scheme?

A2. The Cycle to Work Scheme is a salary sacrifice scheme and is governed by strict regulations set by HM Revenue and Customs. One of the main eligibility criteria is a contract of employment. Unfortunately as members do not have a contract of employment with the council they are not eligible to participate in this scheme.

Questions from Representatives of Full Council 18 SEPTEMBER 2012

Q3 If the answer is no, could the Executive Member explain why this is the case and what is being done to make HMRC and Government aware of this situation?

A3 The Council will write to HMRC and Government to highlight this issue and make them aware of this anomaly between contracted staff and elected Members

Q4 Could the Executive Member advise whether the Elected Mayor will be able to participate in the Cycle to Work scheme?

A4 See A2.

MQ08 COUNCILLOR B KNOTT TO ASK COUNCILLOR DR J ROGERS, CABINET MEMBER FOR RESOURCES

BUSINESS RATE REINVESTMENT

Q1 Bishopston ward councillors have recently been surveying independent traders in the Bishopston section of the Gloucester Road. One of the questions we are frequently asked is why the business rates they pay are not directly invested back into the Gloucester Road. Could the Deputy Leader please respond to these concerns and suggest any measures traders could take to drive investment into the Gloucester Road?

A1 The Council bills and collects business tax on behalf of the Government. All receipts that we collect are passed over to the Government. The Council receives a general grant from the Government to support the delivery of all its services; some of this grant is funded from the business rate money. The grant is not ring-fenced so it is up to the Council to determine how to use it to fund its priorities. Examples of services provided to Gloucester Road are street cleansing, highway maintenance, street lighting, trading standards, policing, fire and rescue.

Questions from Representatives of Full Council 18 SEPTEMBER 2012 The Government is looking at local authorities receiving more business rates revenue in the future.

Gloucester Road Traders’ Association recently bid to become one of the Government’s Portas Town Teams. Although unsuccessful in its bid for up to £100,000, it is in the process of being awarded £10,000 to progress some of its ideas. The Council will act as accountable body for this funding and seek to work the Association to deliver its ideas.

The Council is in the process of developing a Retail Action Plan, which will consider support for centres across the city. Consultation on this plan will take place with traders’ associations and other business groups.

Other possibilities include a Business Improvement District (BID). Bristol already has one successful retail- based BID in ; others are proposed.

A BID could be proposed by the local business community. I would be happy to meet with businesses, officers and councillors to explore options.

MQ09 COUNCILLOR B KNOTT TO ASK COUNCILLOR T KENT, CABINET MEMBER FOR BUDGET AND TRANSPORT

PARKING REGULATIONS DURING PEAK PERIODS ON GLOUCESTER ROAD

Q1 Following the bedding in of major new highways infrastructure, it is best practice to carry out a review to see if minor improvements or changes need to be made. The retail sector on the A38 Gloucester Road in Bishopston has repeatedly expressed concern to local councillors about the effect of certain excessive and seemingly unnecessary parking regulations have on passing trade during peak periods. Could the Executive Member please advise when a full review of A38

Questions from Representatives of Full Council 18 SEPTEMBER 2012 Gloucester Road Showcase bus route will take place?

A1 Certain sections of the Showcase Bus Route from Hengrove to Henbury/ will be reviewed as part of 2 upcoming schemes; BRT for the southern end and the Better Bus Area Fund (BBAF) for the northern end, including the Gloucester Road. The BBAF works will upgrade bus stops on the route to Greater Bristol Bus Network (GBBN) standard. Within this context, it is proposed that wider review of waiting, loading and bus lane operations be carried out next year.

Q2 Can the Executive Member confirm that any such review will give traders an opportunity to be fully consulted and will allow for the current parking, loading and waiting restrictions to be reviewed?

A2 Any proposed changes associated with the works funded by the Better Bus Area fund will involve full consultation with relevant stakeholders, such as traders.

MQ10 COUNCILLOR B HUGILL TO ASK COUNCLLOR T KENT, CABINET MEMBER FOR BUDGET AND TRANSPORT

DISABLED PARKING

Q1 What is this council doing about disabled parking provision in Whiteladies Road?

A1 One of the main improvements to parking on Whiteladies Road that has been made through GBBN is to remove the vast swathes of unrestricted parking – commuter parking has been removed from Whiteladies Road and part of many of the side roads, replaced with time restricted parking that turns over for shoppers. All of these places that now turn-over as they never did before provide additional parking spaces for all drivers, including disabled drivers. Blue badge holders can park in such time restricted parking bays for unrestricted

Questions from Representatives of Full Council 18 SEPTEMBER 2012 periods of time (off-peak). Having a mixture of ‘normal’ and disabled parking bays would also lead to a plethora of additional poles, signs, and road markings which is not something we are keen to encourage in a conservation area. It should also be noted that blue badge holders can park in on street pay and display bays for free.

Q2 Why - the week after my statement concerning the lack of disabled parking in Whiteladies Road at last Council meeting - did the Council put yellow lines across the edge of the pavement at the bottom of Blackboys Hill thereby preventing Blue Badge holders from parking there at all?

A2 Two ticks on the kerb edge indicate that loading is banned at all times; a single tick shows loading is banned at the time(s) on the associated sign. This restriction is applied for road safety reasons or where road width is required to maintain traffic capacity. At the bottom of Blackboy Hill, although I don’t know the exact location to which you refer, parking and loading bays are marked out where there is space to allow them. At other places (including where road widths are narrow, either side of pedestrian crossings, or adjacent to junctions with side roads), parking and loading will be banned for safety reasons and to maintain capacity. Any changes that were made were done as part of a Traffic Regulation Order.

Q3 Why has the Council put yellow lines on the pavements – again outlawing disabled parking - near Westbury-on-Trym Post Office thereby making access to the Post Office more difficult for elderly people and disabled people?

A3 There have been double yellow lines outside the Post Office for many years, but repeated parking on the kerb there (including by Blue Badge holders) had caused damage to the kerbs that required regular maintenance. In addition, parking here restricted access to the Co-op car park opposite, particularly for lorries trying to reach the loading bay. As a result, it was decided that a

Questions from Representatives of Full Council 18 SEPTEMBER 2012 loading ban would save on the maintenance expenses being incurred, and ensure that shoppers and deliveries can reach the Co-op car park. There are parking spaces for disabled drivers in the Co-op car park, and other parking facilities around Westbury village. (This was not part of GBBN.)

MQ11 COUNCILLOR M WOLLACOTT/COUNCILLOR M LANGLEY TO ASK COUNCILLOR C CAMPION- SMITH, CABINET MEMBER FOR CHILDREN AND YOUNG PEOPLE

WICKLEA SCHOOL DEVELOPMENT

Firstly we would like to record that the consultation on this development was carried out in a professional manner, encompassing all local groups, and that there was a preferred option that allowed for the maintenance of community space within the school.

Q1 Why, after lengthy discussions have the vast majority of community spaces within the development been removed?

A1 Responding to community views during consultations, some dedicated community spaces were included within designs. Once the cost to provide these designs was established it became clear that some reductions were needed to bring the scheme within the available budget.

Some dedicated community space remains within the plans for the new Junior School being re-consulted on 18 September. A room for the multi-gym sports equipment, highly valued by the young people, is included adjacent to the main hall as are toilets and a kitchen area. These facilities would not be included within a standard Junior School design.

The solutions at both the Wicklea site and at the existing schools site contain flexible spaces that can be used by the community when not being used by the schools.

Questions from Representatives of Full Council 18 SEPTEMBER 2012

Much effort has provided alternative venues for the community groups previously using the Wicklea building. When the construction and remodelling projects are completed, community groups may wish to consider approaching St Anne’s Infant and St Anne’s Junior schools to use their flexible spaces.

Q2 How do we encourage public participation in consultations, if options that have the widest backing are simply shelved at the end of that consultation?

A2 The consultations have been thorough, open and honest. Opinion was sought from all the community and plans were amended, where possible, to reflect the requests made. All schemes have to undergo stringent due diligence to ensure the best value for money is achieved within the available budget. The solution being developed has the best possible outcome with a mixture of dedicated and flexible spaces available to the community. Consultations seek ideas and feedback but cannot guarantee to provide everything requested.

Q3 Is it too late to revisit these proposals, so that the authority can maintain a degree of credibility with the local community in Brislington?

A3 The proposals are be taken to public consultation again on 18 September at 2:30-4:30pm and again between 6:00 and 7:00pm at St Anne’s Infant School. Any feedback will, of course, be considered as with previous consultations. Any amendment to the design to be submitted for planning approval will have to be considered in light of the available budget and the priorities for the solution.

Questions from Representatives of Full Council 18 SEPTEMBER 2012

MQ12 COUNCILLOR R STONE TO ASK COUNCILLR A NEGUS, CABINET MEMBER FOR HOUSING, PROPERTY SERVICES AND REGENERATION

DEVELOPER OBLIGATIONS

Q1 Does the Executive Member agree with Eric Pickles (Against) or with David Cameron (For) on the issue of releasing developers from their legal obligation to provide a percentage of affordable homes in their developments through s106 obligations?

A1 Bristol is already actively renegotiating planning obligations and affordable housing contributions required by Section 106 Agreements, where viability issues have become a stumbling block to sites being delivered. This is in accordance with the previous Labour administration’s position at the beginning of 2009, when the industry was not so deeply affected by recession as it is today.

Vacant and mothballed sites do not send out a positive impression of Bristol as a city to invest in and it is important that sustainable development continues to be delivered in the city despite the challenging economic circumstances. As far as the government's proposals are concerned, it is not clear how this will operate in practice and hence impact on Bristol, and will in any event require primary legislation to enact. Bristol's position is that decisions on planning applications including Section 106 obligations should be made by the Local Planning Authority, consisting of democratically elected Members, working with the agreed Local Plan to deliver the best balance at the time to sustain the city’s future.

Q2. Does the Executive Member believe that this measure, being promoted by the coalition government and his party supporters, will improve the supply of affordable homes in Bristol?

A2 See Answer 1 above.

Questions from Representatives of Full Council 18 SEPTEMBER 2012

MQ13 COUNCILLOR R STONE TO ASK COUNCILLOR A NEGUS, CABINET MEMBER FOR HOUSING, PROPERTY SERVICES AND REGENERATION

MORTGAGE

Q1 With so few applications (17) for the Council Mortgage scheme, does the Executive Member feel he has caught the public’s imagination with the new scheme?

A1 The Local Authority Mortgage Scheme (LAMS) was launched in Bristol in February 2012. It consisted of £1million deposited with LLoyds TSB to enable first time buyers who can afford mortgage repayments but who may not have sufficient savings for a deposit, typically 20% and above.

Figures for completions and applications are continually updated. Latest available figures reveal the scheme has had 35 successful applications approved for a mortgage. This comprises 23 completed loans and the rest currently in progress ("offers not completed”). Updated Management Information is expected in late September.

We were advised on 6 August that due to the volume of successful applicants the Bristol scheme was fully committed and no further lending could be supported. However Lloyds receive daily enquiries about the scheme across their 17 branches in Bristol and in the middle of August the Lloyds Local Mortgage Manager confirmed there were potentially 50 applications awaiting approval and 15 people waiting to come in for interview.

The Council has deposited at above commercial market interest rates with Lloyds (4.55%, fixed), which offsets risk.

The scheme's success lies not only in the lower (5%) deposit that applicants have to find but the improved interest rate offered to applicants. LAMS has enabled

Questions from Representatives of Full Council 18 SEPTEMBER 2012 people who would still be saving for a deposit to move into home ownership and so support the "churn" of house building.

The Cabinet Decision of December 2011 permitted £2m to be deposited with lending organisations who are part of the scheme and also known to the Council. The process has begun to widen the scheme to include newbuild homes and will deposit the remaining £1m with Leeds Building Society in the next few weeks.

As the scheme has proved so popular, approval for additional funds is intended to be sought from Cabinet in December 2012.

Q2 Was the scheme poorly advertised?

A2 The LAM scheme has been oversubscribed. It is advertised on the Council's website (with a Lloyds named contact for further information), via Lloyds branches and their website. Branch staff know of the scheme and publicise it to potential applicants. Posters have also been placed in BCC’s Customer Service Points.

Q3 Can he say whether the council house waiting list has been reduced by the number of successful applicants who have moved in to new homes?

A3 The LAM scheme does not require applicants to be on the Council's waiting list. It is one of many schemes the council is engaged in that are providing homes for people who would not otherwise be able to have them. As such it could ultimately affect numbers on the housing waiting list, which is just one indicator of the demand for all types of accommodation in the city.

Q4 Has the council house waiting list increased or decreased since the scheme was put in place?

A4 See Answer Q3 above.

Questions from Representatives of Full Council 18 SEPTEMBER 2012