At the Annual Meeting of the Council of the Borough of Luton Held at the Town Hall, Luton On

MINUTES OF THE COUNCIL

AT THE ANNUAL MEETING OF THE COUNCIL OF THE BOROUGH OF LUTON HELD AT THE TOWN HALL, LUTON ON

TUESDAY, 17TH MAY 2011 AT 6.00 P.M.

PRESENT:

THE MAYOR - Councillor Shaw THE DEPUTY MAYOR - Councillor Farooq COUNCILLORS - Akbar, Ashraf, M. Ayub, N. Ayub, Bailey MBE, Burnett, Campbell, Cato, Chapman, J. Davies, R. Davies, R. J. Davis, Dolling, Farooq, Foord, Franks, Gale, Garrett, Hanif, Harris, Hinkley, Hopkins, M. Hussain, M. Khan, T. Khan, S. Knight, Lewis, Malcolm, K. Malik, T. Malik, Moles, O'Callaghan, Pantling, Rathore, Riaz, Rivers, Roden, Saleem, Sharif, Shaw, Simmons, Stewart MBE, Taylor, Timoney, Titmuss, Whittaker, Worlding and Zia.

57 LONDON STANDARD NEW HOMES AWARD

The Mayor advised Members that Jeremiah Smith House (formerly Wauluds House) in Marsh Farm had received a special commendation in the London Standard New Homes awards in the 'Best Regeneration' category. The award recognised the innovative design, high quality of the build and the detailed partnership working between council officers and the Housing Association.

58 CARNIVAL

The Mayor reminded Members that the Luton Carnival would be taking place on Monday 30th May 2011 starting from Wardown Park at 12 noon. He encouraged Members to support the Carnival.

59 MEETING OF THE COUNCIL

The Mayor reminded Members of a meeting of full Council on Tuesday 31st May 2011 commencing at 6.00 p.m. to consider the proposals for Heads of Service restructure.

60 ELECTION OF MAYOR (REF: 1)

Upon nominations being called for Councillor R. J. Davis nominated and Councillor Simmons seconded Councillor Worlding to be elected Mayor of the Borough of Luton. There were no other nominations.

It was therefore:

Resolved: That Councillor Worlding be and he is hereby elected Mayor of the Borough of Luton for the ensuing Municipal Year.

Councillor Worlding then made and subscribed the Declaration of Acceptance of the Office of Mayor and took the Chair.

61 APPOINTMENT OF DEPUTY MAYOR (REF: 3)

Upon nominations being called for Councillor Khan nominated and Councillor Ashraf seconded Councillor M. Ayub to be elected Deputy Mayor of the Borough of Luton. There were no other nominations.

It was therefore:

Resolved: That Councillor M. Ayub be and he is hereby elected Deputy Mayor of the Borough of Luton for the ensuing Municipal Year.

Councillor M. Ayub then made and subscribed the Declaration of Acceptance of the Office of Deputy Mayor.

62 MINUTES (REF: 5)

Resolved: That the Minutes of the meeting of the Council held on 5th April 2011 be taken as read, approved as a correct record and signed by the Chair.

63 APOLOGY FOR ABSENCE

An apology for absence from the meeting was received on behalf of Councillor Rathore.

64 ELECTION OF COUNCILLORS (REF: 6)

The Chief Executive reported that on 5th May 2011, the following persons were elected as Councillors for the nineteen Wards of the Borough and that each had made and subscribed the requisite Declaration of Acceptance of Office as Councillors:

Name Address Ward for Which Elected

AKBAR, Waheed 118 Morgan Close, Leagrave Luton, LU4 9GN

ASHRAF, Mohammed 52 Denbigh Road, Dallow Luton, LU3 1NR

AYUB, Mohammad 282 Biscot Road, Biscot Luton, LU3 1AZ

AYUB, Naseem 282 Biscot Road, Biscot LUTON, LU3 1AZ

BAILEY, Joan 518 Leagrave High Street Lewsey Luton, LU4 0TJ

BURNETT, Jacqui 98 Tennyson Road, Limbury Luton, LU1 3RR

CAMPBELL, Gilbert Leopold 7 Cheviot Close, Bramingham Luton, LU3 3DH

CATO, Melvin Flat F, 2 Farley Hill Crawley Luton, LU1 5ER

CHAPMAN, Peter 316 Old Bedford Road Wigmore Luton, LU2 7EJ

DAVIES, Jenny 69 Stopsley Way, Stopsley Luton, LU2 7UU

DAVIES, Roy 69 Stopsley Way, Wigmore Luton, LU2 7UU

DAVIS, Roy John 34 Langford Drive, Northwell Luton, LU2 9AJ

DOLLING, Michael John 125 New Bedford Road, Stopsley Luton, LU3 1LF

FAROOQ, Mohammed 72 Naseby Road, Dallow Luton, LU1 1LF

FOORD, Katie 3 Marston Gardens, Bramingham Luton, LU2 7DU Name Address Ward for Which Elected

FRANKS, David George 10 Hart Hill Drive, Crawley Luton, LU2 0AX

GALE, Keir 94 Rossfold Road South Luton, LU3 3HU

GARRETT, Michael John 17 Butely Road, Icknield Luton, LU4 9HE

HANIF, Yaqub 37 Westbourne Road, Round Green Luton, LU4 8JD

HARRIS, Robin 16 Dalton Close, Farley Luton, LU3 4HG

HINKLEY, Doris Joan 4 Chestnut Avenue, Sundon Park Luton, LU3 3JA

HOPKINS, Rachel 31 Manton Drive, Barnfield Luton, LU2 7DJ

HUSSAIN, Mahmood 74 Dunraven Avenue Farley Luton, LU1 1TP

KHAN, Mohammed 117 Morgan Close, Lewsey Luton, LU4 9GN

KHAN, Tahir 22 Fallowfield, Biscot Luton, LU3 1UL

KNIGHT, Syd 16 Atholl Close, Sundon Park Luton, LU3 3LD

LEWIS, Stephen 40 Letchworth Road, Limbury Luton, LU3 2NZ

MALCOLM, Andrew 81 Havelock Road, High Town Luton, LU2 7PP

MALIK, Khtija 56 Overstone Road, Challney Luton, LU4 8QZ

MALIK, Tahir 9 Charlwood Road, Challney Luton, LU4 0BS

MOLES, Diane Paulette 12 Nightingale Close Wigmore Luton, LU2 8EZ Name Address Ward for Which Elected

O’CALLAGHAN, Amy 20 Elizabeth Street South Luton, LU1 5BN

PANTLING, Martin James 98 Tennyson Road Barnfield Luton, LU1 3RR

RATHORE, Asma 392 Selbourne Road Saints Luton, LU4 8NU

RIAZ, Mohammed 143 Selbourne Road, Saints Luton, LU4 8LT

RIVERS, Mark Douglas 88A High Town Road Round Green Luton, LU2 0DQ

RODEN, Sheila Anne 6 Duncombe Close, Leagrave Luton, LU3 2HR

SALEEM, Raja Mohammed 36 Douglas Road, Saints Luton, LU4 8EB

SHARIF, Tafheen 315 Dallow Road Dallow Luton, LU1 1TG

SHAW, Thomas William 147 Pastures Way, Challney Luton, LU4 0PE

SIMMONS, Hazel Marie 5 Clover Close, Lewsey Lewsey Farm, Luton, LU4 0PJ

STEWART, Desline Maud 12 Needham Road, Leagrave Luton, LU4 9HD

TAYLOR, Dave 20 Garter Court, South Knightsfield, Luton LU2 7LL

TIMONEY, Sian Julie 35 West Hill Road, Farley Luton, LU1 3LZ

TITMUSS, John Austin 21 Compton Avenue, Icknield Luton, LU4 9AX

WHITTAKER, Roxanna 23 Edward Street, High Town Sarah Luton, LU2 0NF

WORLDING, Don 41 Luxembourg Close Northwell Luton, LU3 3TD

ZIA, Mohammed Fazil 121 Argyll Avenue, Round Green Luton, LU3 1EJ

65 ELECTION OF EXECUTIVE LEADER (REF: 7)

Upon nominations being called for Councillor Harris nominated and Councillor Ashraf seconded Councillor Simmons to be elected Executive Leader. There were no other nominations.

It was therefore:

Resolved: That Councillor Simmons be elected Executive Leader for four years until the day of the Annual meeting of the Council in 2015.

66 NOTIFICATION BY EXECUTIVE LEADER OF APPOINTMENT OF MEMBERS OF THE EXECUTIVE (REF: 8)

Councillor Simmons informed the Council that she had appointed the following members of the Council to be members of the Executive and that she would confirm their portfolios subsequently: Councillors Ashraf, Bailey, R.J. Davis, Harris, T. Khan, Roden, Sharif, Shaw and Taylor.

67 LOCAL GOVERNMENT (COMMITTEES AND POLITICAL GROUP) REGULATIONS 1990 – OVERVIEW & SCRUTINY, TAXI AND PRIVATE HIRE LICENSING AND APPOINTMENTS PANEL (REF: 9)

Upon consideration of the report of the Head of Legal Services on the Overview & Scrutiny Board, Taxi and Private Hire Licensing and the Appointments Panel (Ref: 9), it was proposed by Councillor Simmons, seconded by Councillor Harris and:

Resolved: That alternative arrangements to those prescribed by Sections 15 and 16 of the Housing and Local Government Act 1989 be adopted by the Council in relation to appointments to (a) the Overview and Scrutiny Board and to any Sub-Committee established by the Overview and Scrutiny Board, (b) the Taxi and Private Hire Licensing Committee and to any sub-committee established by the Taxi and Private Hire Licensing Committee and (c) the Appointments Panel.

(Note: The above resolution was passed with no member voting against)

68 LOCAL GOVERNMENT AND HOUSING ACT 1989 - CONSTITUTION OF COMMITTEES (REF: 10)

Resolved: That the constitution of the Council’s Committees to which Section 15 of the Local Government and Housing Act 1989 applies be as set out in the table shown below:

Committee Labour Liberal Conservative Total Seats Democrat Administration 6 1 0 7

Area Committee 5 1 1 7 Board

Audit and 5 2 0 7 Governance Committee

Constitution 8 2 1 11

Development Contr 8 2 1 11

Housing Appeal 5 1 1 7 Panel

Regulation 5 1 1 7

42 10 5 57

Allocation: 73.684% 17.543% 8.771% Entitlement: 75% 16.67% 8.33%

69 MEMBERSHIP OF COMMITTEES, ETC. (REF: 11)

It was proposed by Councillor Simmons, seconded by Harris and:

Resolved: (i) That the membership on the Committees of the Council and Fixed Panels be as shown in the Schedule below:

ADMINISTRATION COMMITTEE

Councillor Burnett Councillor Knight Councillor Cato Councillor Lewis Councillor Chapman Councillor Stewart (Vice-Chair) Councillor Hopkins (Chair)

AREA COMMITTEE BOARD

Councillor M. Ayub Councillor Rathore Councillor J. Davies Councillor Saleem (Vice-Chair) Councillor Gale (Chair) Councillor Simmons Councillor Garrett

AUDIT AND GOVERNANCE COMMITTEE

Councillor R.J. Davis Councillor Hussain Councillor Dolling Councillor T. Khan Councillor Farooq (Chair) Councillor Pantling Councillor Gale (Vice-Chair)

CONSTITUTION COMMITTEE

Councillor Campbell Councillor Knight Councillor R. Davies Councillor O’Callaghan Councillor R J Davis Councillor Stewart (Vice-Chair) Councillor Franks Councillor Timoney Councillor Harris Councillor Zia (Chair) Councillor Hussain

DEVELOPMENT CONTROL COMMITTEE

Councillor Akbar (Chair) Councillor Hussain (Vice-Chair) Councillor M. Ayub Councillor M. Khan Councillor Campbell Councillor Lewis Councillor Dolling Councillor Malcolm Councillor Farooq Councillor Rivers Councillor Franks

*HOUSING APPEAL PANEL Notes: 1. Balance disapplied this year as Liberal Democrat Group do not wish to take up a place; 2. Chair to be elected at first meeting.

Councillor M. Ayub Councillor T. Malik Councillor Foord Councillor Stewart Councillor Malcolm Councillor Zia Councillor K. Malik

REGULATION COMMITTEE

Councillor R. Davies Councillor Titmuss Councillor Hopkins Councillor Worlding (Chair) Councillor T. Malik (Vice-Chair) Councillor Zia Councillor Rathore

*STANDARDS COMMITTEE Note: 1 Independent Members are not new appointments as their terms of office are continuing

Councillor Dolling Councillor Taylor Councillor Hanif Councillor Titmuss Councillor Moles 5 Independent co-opted members: Mrs. M. Briggs Ms. C. Smart Mr. J.A. Hearnshaw Mrs. S. Wright (Vice-Chair) Mr. J. Jones (Chair)

*LICENSING COMMITTEE

Councillor Campbell Councillor Simmons Councillor R. Davies Councillor Stewart Councillor Dolling Councillor Taylor (Vice-Chair) Councillor Gale Councillor Zia Councillor Garrett Liberal Democrat Group vacancy Councillor Hussain (Chair) Liberal Democrat Group vacancy Councillor Rivers Liberal Democrat Group vacancy Councillor Roden

*TAXI AND PRIVATE HIRE LICENSING COMMITTEE

Councillor M. Ayub Councillor Rivers Councillor Campbell Councillor Saleem (Vice-Chair) Councillor J. Davies Councillor Shaw (Chair) Councillor Garrett Councillor Zia Councillor Hanif Liberal Democrat Group vacancy Councillor Hinkley Liberal Democrat Group vacancy Councillor M. Khan Liberal Democrat Group vacancy Councillor K. Malik

*OVERVIEW AND SCRUTINY BOARD Note: 1 Co-opted Members are not new appointments as their terms of office are continuing

Councillor Akbar Councillor Hinkley (Chair) Councillor Burnett Councillor M. Khan (Vice-Chair) Councillor Cato Councillor Moles Councillor Franks Councillor O’Callaghan Councillor Garrett (Vice-Chair) 2 co-opted Diocesan members 2 elected from outside Council 3 other (non-voting)

*Political balance disapplied to these bodies

AREA COMMITTEES

CENTRAL LUTON AREA COMMITTEE

Councillor M Ayub Councillor Pantling Councillor N. Ayub Councillor Rathore Councillor Hopkins Councillor M Riaz Councillor T. Khan Councillor Saleem (Chair) Councillor Malcolm Councillor Whittaker

NORTH LUTON AREA COMMITTEE

Councillor Burnett Councillor Hinkley Councillor Campbell Councillor Knight Councillor R J Davis Councillor Titmuss Councillor Foord Councillor Lewis Councillor Garrett (Chair) Councillor Worlding

WEST LUTON AREA COMMITTEE

Councillor Akbar Councillor Roden Councillor Bailey Councillor Shaw Councillor M. Khan (Chair) Councillor Simmons Councillor K. Malik Councillor Stewart Councillor T. Malik

EAST LUTON AREA COMMITTEE

Councillor Cato Councillor Dolling Councillor Chapman Councillor Hanif Councillor J. Davies (Chair) Councillor Moles Councillor R. Davies Councillor Rivers Councillor Franks Councillor Zia

SOUTH LUTON AREA COMMITTEE

Councillor Ashraf Councillor Gale Councillor Farooq Councillor Sharif Councillor Harris Councillor Timoney (Chair) Councillor Hussain Councillor Taylor Councillor O’Callaghan

(ii) That there be established a pool comprising of the Members named below from which Members may be appointed to serve on the Discretionary Housing Payments Appeal Panel:

POOL FROM WHICH APPOINTMENTS WILL BE MADE TO THE DISCRETIONARY HOUSING PAYMENTS APPEAL PANEL

Councillor Akbar Councillor Lewis Councillor Ashraf Councillor Malcolm Councillor M. Ayub Councillor K. Malik Councillor N. Ayub Councillor T. Malik Councillor Bailey Councillor O’Callaghan Councillor Burnett Councillor Rathore Councillor Campbell Councillor Riaz Councillor Cato Councillor Rivers Councillor R J Davis Councillor Roden Councillor Farooq Councillor Saleem Councillor Foord Councillor Sharif Councillor Gale Councillor Shaw Councillor Garrett Councillor Simmons Councillor Hanif Councillor Stewart Councillor Harris Councillor Taylor Councillor Hopkins Councillor Timoney Councillor Hussain Councillor Titmuss Councillor M. Khan Councillor Whittaker Councillor T. Khan Councillor Worlding Councillor Knight Councillor Zia

(iii) That there be established a pool comprising of the Members named below from which Members may be appointed to serve on the Foster Carer Appeal Panel:

POOL FROM WHICH APPOINTMENTS WILL BE MADE TO THE FOSTER CARER APPEAL PANEL

(iv) That there be established a pool comprising of the Members named below from which Members may be appointed to serve on the Luton Education Teachers Appeal Panel:

POOL FROM WHICH APPOINTMENTS WILL BE MADE TO THE LUTON EDUCATION TEACHERS APPEAL PANEL

(v) That there be established a pool comprising of the Members named below from which Members may be appointed to serve on the Nursery Education Appeal Panel:

POOL FROM WHICH APPOINTMENTS WILL BE MADE TO THE NURSERY EDUCATION APPEAL PANEL

(vi) That there be established a pool comprising of the Members named below from which Members may be appointed to serve on the Personnel Appeal Panel:

POOL FROM WHICH APPOINTMENTS WILL BE MADE TO THE PERSONNEL APPEAL PANEL

(vii) That there be established a pool comprising of the Members named below from which Members may be appointed to serve on the Social Services Stage 3 Complaint Review Panel:

POOL FROM WHICH APPOINTMENTS WILL BE MADE TO THE SOCIAL SERVICES STAGE 3 COMPLAINT REVIEW PANEL

(viii) That the Head of Democracy & Engagement be authorised to appoint Members to serve on the Nursery Education Appeal Panel and the Personnel Appeal Panel at (v) and (vi) above on any given occasion.

(ix) That the Director of Housing and Community Living and Adult Social Services be authorised to appoint Members to serve on the Discretionary Housing Payments Appeal Panel, the Foster Carer Appeal Panel and the Social Services Stage 3 Complaint Review Panel at (ii), (iii) and (vii) above on any given occasion.

(x) That the Director of Children and Learning be authorised to appoint Members to serve on the Luton Education Teachers Appeal Panel at (iv) above on any given occasion.

70 MEMBERSHIP OF OTHER BODIES (REF: 12)

It was proposed by Councillor Simmons, seconded by Councillor Harris and:

Resolved: (i) That with the exception of the labour representation and substitutes on the Luton and South Bedfordshire Joint and Section 101 Committees, the membership of other bodies be as set out in the schedule tabled at the meeting (attached at Appendix 1/11 to these Minutes) and that in the case of those bodies indicated as being Executive bodies, the membership be commended to the Executive for approval.

(ii) That the Chief Executive be authorised to complete the schedule with the addition of Labour Group representation and substitutes on the Luton and South Bedfordshire Joint and Section 101 Committees when notified to him by Councillor Simmons.

71 APPOINTMENTS PANEL AND REDEPLOYMENT PANEL (REF: 13)

It was proposed by Councillor Simmons, seconded by Councillor Harris and:

Resolved: (i) That an Appointments Panel be established for the purposes of taking or arranging to be taken all necessary steps relating to the process of appointing Corporate Directors and Heads of Service.

(ii) That, subject to Paragraphs (iii) and (iv) below, the membership of the Appointments Panel on any given occasion be a maximum of five (5) Members appointed by the Democracy Manager, after consulting the Leaders of the Political Groups, and drawn from a pool of the following Members to include at least one member of the Executive:

Councillor Akbar Councillor T. Khan Councillor Ashraf Councillor Knight Councillor M. Ayub Councillor Lewis Councillor N. Ayub Councillor Malcolm Councillor Bailey Councillor K. Malik Councillor Burnett Councillor T. Malik Councillor Campbell Councillor Moles Councillor Cato Councillor O’Callaghan Councillor Chapman Councillor Pantling Councillor J. Davies Councillor Rathore Councillor R. Davies Councillor Riaz Councillor R J Davis Councillor Rivers Councillor Dolling Councillor Roden Councillor Farooq Councillor Saleem Councillor Foord Councillor Sharif Councillor Franks Councillor Shaw Councillor Gale Councillor Simmons Councillor Garrett Councillor Stewart Councillor Hanif Councillor Taylor Councillor Harris Councillor Timoney Councillor Hinkley Councillor Titmuss Councillor Hopkins Councillor Whittaker Councillor Hussain Councillor Worlding Councillor M. Khan Councillor Zia

(iii) That the number of members of the Appointments Panel appointed under (ii) above shall be based on a membership of *3, 1, 1, three drawn from the largest Political Group represented on the Council and one drawn from each of the two next largest Groups represented on the Council (the Minority Groups), unless on any given occasion either or both of the Leaders of the Minority Group advise the Democracy Manager that they do not wish their Groups to participate, in which case the membership of the Panel would reduce to 4 or 3. *Political balance disapplied to this body

(iv) That no Member may serve on the Appointments Panel for appointment to a post previously considered by a Redeployment Panel on which the Member served.

(v) That a Redeployment Panel be established for the purpose of determining, in any case involving the redeployment or potential redeployment of a Corporate Director or Head of Service**, whether that Officer meets the criteria for redeployment.

(vi) That the Membership of the Redeployment Panel on any given occasion be 3 Members appointed by the Democracy Manager, after consulting the Leaders of the Political Groups, and drawn from the pool of Members referred to at (ii) above.

(vii) That UNISON be invited to send an observer to any meeting of the Redeployment Panel.

** Redeployment of a Head of Service to a third tier post will, for legal reasons, be considered by an officer panel.

72 DATES AND TIMES OF MEETINGS (REF: 14)

It was proposed by Councillor Simmons, seconded by Councillor Harris and:

Resolved: (i) That the meetings of the Council during the Municipal Year 2011/2012 be held on the following dates at 6.00 p.m:

19th July 2011 13th September 2011 1st November 2011 17th January 2012 21st February 2012 (Budget) 22nd February 2012 (Reserve Budget) 17th April 2012

(ii) That the Standing Committees and Fixed Panels be recommended to observe the timetable of meetings (attached at Appendix 2/11 to these Minutes) and the dates and times of meetings being commended to the Executive be noted.

73 REPRESENTATION ON THE BEDFORDSHIRE POLICE AUTHORITY JOINT SELECTION COMMITTEE AND THE BEDFORDSHIRE POLICE AUTHORITY (REF: 15)

It was proposed by Councillor Simmons, seconded by Councillor Harris that Councillors K. Malik, Riaz and Whittaker be appointed to the Bedfordshire Police Authority Joint Selection Committee and nominated to the Bedfordshire Police Authority Joint Selection Committee for appointment to the Bedfordshire Police Authority for the period until the proposed Police and Crime Commission took office.

It was then proposed by Councillor Franks, seconded by Councillor J. Davies that Councillor Pantling be appointed to the Bedfordshire Police Authority Joint Selection Committee and nominated to the Bedfordshire Police Authority Joint Selection Committee for appointment to the Bedfordshire Police Authority for the period until the proposed Police and Crime Commission took office.

Upon a vote being held 35 Members voted for Councillors K. Malik, Riaz and Whittaker and 12 Members for Councillor Pantling.

It was therefore

Resolved: (i) That Councillors K. Malik, Riaz and Whittaker be appointed to the Bedfordshire Police Authority Joint Selection Committee until the proposed Police and Crime Commission takes office.

(ii) That Councillors K. Malik, Riaz and Whittaker be nominated to the Bedfordshire Police Authority Joint Selection Committee for appointment to the Bedfordshire Police Authority until the proposed Police and Crime Commission takes office.

74 REPRESENTATION ON THE BEDFORDSHIRE AND LUTON COMBINED FIRE AUTHORITY (REF: 16)

It was proposed by Councillor Simmons, seconded by Councillor Harris and:

Resolved: That Councillors N. Ayub, R. Davies, Saleem and Timoney be appointed as the Council’s representatives on the Bedfordshire and Luton Combined Fire Authority.

75 APPOINTMENT OF INDEPENDENT PANEL ON MEMBERS ALLOWANCES (REF: 17)

It was proposed by Councillor Simmons and seconded by Councillor Harris and:

Resolved: That the following persons be appointed to serve on the Independent Panel on Members Allowances:

Mr B Bennett Mr D R Dearnley Mr A Gittins Mr A R Malik Mr M T Masha Mr G Needham

(Note: The meeting ended at 6.50 p.m.)