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EAST COUNCIL

MINUTES OF MEETING OF COUNCIL HELD ON THURSDAY 17 DECEMBER 2019 AT 1000 HRS IN THE COUNCIL CHAMBERS, COUNCIL HEADQUARTERS, LONDON ROAD,

PRESENT: Provost Jim Todd and Councillors Ellen Freel, Gordon Jenkins, John McFadzean, John McGhee, Helen Coffey, Ian Grant, Maureen McKay, Tom Cook, Iain Linton, Douglas Reid, John Campbell, Jon Herd, John Knapp, Clare Maitland, Sally Cogley, George Mair, Elena Whitham, Depute Provost Claire Leitch and Councillors Neil McGhee, Jim Roberts, Billy Crawford, Jim McMahon, Jacqui Todd, Walter Young, John Bell and Drew Filson. ATTENDING: Fiona Lees, Chief Executive; Katie Kelly, Depute Chief Executive: Safer Communities; Eddie Fraser, Director of Health and Social Care Partnership; Marion MacAulay, Head of Children's Health, Care and Justice Service; David Mitchell, Chief Governance Officer; Andrew Kennedy, Head of Facilities and Property Management; Paul McGowan, Head of Human Resources; Michael Keane, Head of Planning and Economic Development; Joe McLachlan, Acting Head of Finance and ICT; Amanda Lowe, Strategic Manager: Workforce; Catriona Cochrane, Communications Officer; and Julie McGarry, Administration Manager. ALSO ATTENDING: Anneke Freel, Chief Officer, Leisure Trust. APOLOGIES: Councillors Lillian Jones, Fiona Campbell, Barry Douglas, Alyson Simmons and Elaine Dinwoodie. CHAIR: Provost Jim Todd, Chair.

PROVOST'S REMARKS 1. The Provost opened his remarks by expressing his pleasure to have officially opened Illuminight 2019 on 23 October. The Provost advised that this was Illuminight’s third year with a spectacular new Space theme inspired by the 50th anniversary of the moon landing. The Provost further advised that this year had seen approximately 42,000 people from all over coming to Dean Castle Country Park, which he stated was fantastic for East Ayrshire. The Provost stated that he had also enjoyed sampling some of the quality local food and drink at the event and went on to congratulate Anneke and her team for an extraordinary event. The Provost then stated that it had been a pleasure, as always, to have attended the Ayrshire College Graduation Ceremony which had taken place on 25 October. The Provost congratulated all the students for their commitment and hard work and advised that everything had gone well, the graduates had enjoyed their day and the hospitality prepared by the students had also been excellent. The Provost then advised that he had attended 21st Ayrshire Scout Rededication Service to celebrate Centenary Year 2019 and the rededication of the memorial to the founder Alex Biggar on 27 October. The Provost stated that this was in recognition of the group’s achievements over 100 years and that he had received a very warm welcome by all. The Provost expressed his delight to have hosted and opened the Scottish Poppy Appeal event at the Dean Castle Country Park on 28 October 2019. The Provost advised that this had been the first time Poppy Scotland had held a reception to mark 6

the start of the annual Scottish Poppy Appeal outside of London, Edinburgh and Inverness. The Provost further advised that the life changing work they did in support of the Armed Forces Community in Scotland was a year round endeavour and the biggest annual fundraiser. The Provost also expressed his delight to have attended East Ayrshire Advocacy 25 Years’ Service celebration event on 1 November 2019. The Provost stated that having been established in 1994, through an idea developed by the local community, East Ayrshire Advocacy Services was registered as a charity to provide a free, independent advocacy service, which enabled local people with a range of support needs to be heard. The Provost remarked that everyone had the right to be listened to, to be respected, to be involved in decisions, have asperations, take risks and contribute. The Provost went on to state that the work and service would not be possible without key partnerships, collaborations and commitment between staff, local services and funders and congratulated everyone involved. The Provost then advised that he had been invited along to the Scots Guards Association Annual Dinner on 1 November 2019 and had had the pleasure of proposing a toast to the Ayrshire Branch. The Provost stated that it had been an amazing night and everyone had thoroughly enjoyed themselves. The Provost then remarked that he had been honoured to present certificates to pupils at the Duke of Edinburgh Awards Ceremony which had been held in the Grand Hall on 6 November 2019. The Provost stated that the achievements by all pupils had been incredible. The Provost went on to state that he had subsequently received a letter from Barry Fisher, the Director for Scotland, congratulating the Council on the level of engagement when he had remarked “East Ayrshire continues to be a beacon of Duke of Edinburgh participation to so many other authorities across Scotland - and this success has been led so ably by Willie White and his team”. The Provost then went on to advise that, as a diehard Killie fan, it had been his absolute pleasure to host a Civic Reception at William McIlvanney Campus on 7 November 2019 for Kilmarnock Football Club to celebrate their 150 years. The Provost further advised that the event had been hosted by John Barne,s and Killie stars past and present had come out in force to help celebrate Killie’s rich history. The Provost stated that the event had been attended by over 70 pupils from 7 of our local secondary schools, with all of them forming their own supporters clubs within the schools following discussions with him and Kilmarnock Community Sports Trust Community Manager Paul Di Giacomo. The Provost further stated that two question and answer sessions had been held on the night, firstly involving Captain Gary Dicker, Rory McKenzie, Paul Di Giacomo and Kilmarnock FC’s Academy Director Paul McDonald. A second session had allowed former players Garry Hay, James Fowler and Cammy Bell to join Elsie Cook and share their fondest Killie moments and memories. The Provost further advised that he and Depute Provost Leitch had had the great pleasure of attending a Royal Gun Salute at Edinburgh Castle on 14 November 2019. The Provost then advised that the Royal Regiment of Scotland had invited them along to celebrate the birthday of HRH The Duke of Rothesay. The Provost stated that the Gun Salute, fired by 16 Regiment Royal Artillery, and music provided by the Pipes and Drums of 3 Scots was spectacular and that they had received a very warm welcome and the hospitality had been excellent. The Provost then remarked that members of the Council’s Planning and Economic Development Service and Vibrant Communities teams were celebrating after two of their projects picked up top awards in this year’s Scottish Awards for Quality in 7

Planning where the teams had come out top with prizes for their work in two areas, the East Ayrshire Coalfields Initiative and Placemaking Plans. The Provost advised that John Semple, regeneration Project Officer; Kieran Wardrop, Community Worker; and John Sharp of Regeneration Association had picked up the Plans Award for their innovative work in developing Placemaking Plans for communities across East Ayrshire; and Daisy Whytock, Scott Shanks and Karl Doroszenko had picked up the Partnership Award for their work with East Ayrshire Coalfields Initiative. The Provost congratulated everyone involved. Finally, the Provost advised that he had been contacted by Jim Mitchell, Chairperson of Disability Darts Ayrshire, thanking the Council for the help they had received to get the group up and running. The Provost stated that, from being a founder member of the Scottish Disability Darts Association, the group were now leading the way in Scotland.

DECLARATIONS OF INTEREST 2. Councillors Ian Grant, Elena Whitham, Neil McGhee, Iain Linton and Clare Maitland declared a non-financial interest in Agenda Items 7 and 8 as Trustees of the East Ayrshire Leisure Trust. Provost Todd declared a non-financial interest in Agenda Item 6, being a member of the West of Scotland Climbing Centre Above Adventure Board. All Councillors advised that the nature of the interest was not deemed to be significant, having considered the terms of the objective test as outlined in paragraph 5.3 of the Councillors’ Code of Conduct, and therefore each of them did not withdraw from the meeting. Councillor Elena Whitham also declared a non-financial interest in Agenda Item 11, being a member of the Humanist Society Scotland and in terms of paragraph 7.12 of the Councillors’ Code of Conduct, intimated her withdrawal from the meeting for that item of business.

PREVIOUS MINUTES 3. There were submitted and approved as correct records, the Minutes of the Council Meeting of 31 October 2019 (pages 3-8) (circulated).

CABINET/COMMITTEE MINUTES 4. There were submitted (circulated) and approved as correct records (with the exception of the Minutes of the Ayrshire Shared Services Joint Committee, Integration Joint Board and Governance and Scrutiny Committee which were for noting only) the Minutes of the undernoted Meetings, viz:- 4.1 AYRSHIRE SHARED SERVICES JOINT COMMITTEE - 29 AUGUST 2019 (pages 9- 14). 4.2 AYRSHIRE ECONOMIC JOINT COMMITTEE OF 10 SEPTEMBER 2019 (pages 15- 17) - Noted this item was withdrawn from the Agenda. 4.3 INTEGRATION JOINT BOARD OF 9 OCTOBER 2019 (pages 18-24). 4.4 CABINET OF 23 OCTOBER 2019 (pages 25-30). 4.5 GOVERNANCE AND SCRUTINY COMMITTEE OF 24 OCTOBER 2019 (pages 31- 33). 4.6 LOCAL REVIEW BODY OF 24 OCTOBER 2019 (pages 34-36). 8

4.7 SPECIAL LOCAL GOVERNMENT LICENSING PANEL OF 30 OCTOBER 2019 (pages 37-38). Matter Arising - Application for the Grant of a Licence to Keep a Dog Breeding/ Rearing Establishment (Item 2, Page 37 ) - The Chief Governance Officer referred to the wrongly reported article in a local newspaper and correspondence received into the Provosts office which referred to the granting of a “puppy farm” licence. He clarified that the application granted was for a dog breeding/rearing establishment under the current statutory provisions, and that these statutory provisions make no reference to “puppy farming”. In granting these licenses, license holders must meet numerous specific requirements in relation to welfare issues and these are further enhanced with a requirement for inspection of premises by a vet and/or an officer from the Council. In the recent correspondence received into the Provosts office, the enquirer had also asked why the Panel had granted a licence when there was a planning application outstanding. The Chief Governance Officer also clarified this issue in that planning permission was still required for those parts of the premises not currently covered by planning consent and therefore the application to the Panel was not premature. The Chief Governance Officer confirmed that he would write back to the enquirer to clarify the matters raised. 4.8 CABINET OF 6 NOVEMBER 2019 (pages 39-43). 4.9 GRANTS COMMITTEE OF 6 NOVEMBER 2019 (pages 44-49). 4.10 POLICE AND FIRE AND RESCUE COMMITTEE OF 12 NOVEMBER 2019 (pages 50-53). 4.11 CABINET OF 20 NOVEMBER 2019 (pages 54-60). 4.12 LOCAL GOVERNMENT LICENSING PANEL OF 21 NOVEMBER 2019 (pages 61- 63). 4.13 PLANNING COMMITTEE OF 22 NOVEMBER 2019 (pages 64-67). 4.14 APPEALS PANEL OF 26 NOVEMBER 2019 (pages 68-69).

REMIT FROM THE CABINET MEETING OF 4 DECEMBER 2019 - TRANSFORMATION STRATEGY: REVIEW OF MANAGEMENT STRUCTURE (Item 2) 5. Council agreed to the remit and recommendations (circulated) from the Cabinet meeting of 4 December 2019 as detailed in the excerpt from the meeting.

ESTABLISHMENT OF A MEMBER-LED CLIMATE CHANGE WORKING GROUP 6. There was submitted a report (circulated) by the Depute Chief Executive: Safer Communities which asked Council to establish a Member-Led Group to support officers in the consideration of the current evidence, reflecting on the direction and scale of ambition and support the development of a Climate Action Plan. It was agreed: (i) to note Cabinet’s recommendation to recognise the national changes to the Climate Targets and approve the creation of a Member-Led “Climate Change Working Group” to consider the Council’s ambition and to ask the Head of Facilities and Property Management to produce a Climate Change Action Plan for the organisation; 9

(ii) that membership of the Member-Led Climate Change Working Group would include three Elected Members with cross-party representation, namely Children and Young Person’s Champion Councillor Claire Leitch and Councillors Sally Cogley and Neil McGhee, along with three members of the Children and Young People’s Cabinet and relevant officer representation; and (iii) otherwise, to note the contents of the report.

REGENERATION CAPITAL GRANT FUND (RCGF) - WEST OF SCOTLAND CLIMBING CENTRE - ELECTED MEMBER REPRESENTATION ON PROJECT MANAGEMENT GROUP 7. There was submitted a report dated 5 December 2019 (circulated) by the Depute Chief Executive and Chief Financial Officer: Economy and Skills to consider arrangements for the Project Management Group for the West of Scotland Climbing Centre project Above Adventure, to include Elected Member representation on the Group. It was agreed: (i) that the Solicitor to the Council consider any necessary amendments to the Memorandum of Understanding for the West of Scotland Climbing Centre in relation to the appointment of a Council Elected Member or Members to the Project Management Group; (ii) to agree to the appointment of up to two Elected Members, and to appoint Provost Jim Todd and Councillor John Knapp, to represent the Council on the Project Management Group of the West of Scotland Climbing Centre project; and (iii) otherwise, to note the contents of the report.

EAST AYRSHIRE LEISURE ANNUAL PERFORMANCE REPORT 2018/19 8. There was submitted a report dated 21 November 2019 (circulated) by the Depute Chief Executive: Safer Communities which presented to Council the East Ayrshire Leisure Annual Performance Report 2018/19.

It was agreed to note the East Ayrshire Annual Performance report 2018/19.

EAST AYRSHIRE LEISURE STRATEGIC VISION 2020-2030 AND CORPORATE DELIVERY PLAN 2020-2022 9. There was submitted a report dated 21 November 2019 (circulated) by the Depute Chief Executive: Safer Communities which presented to Council the East Ayrshire Leisure Strategic Vision 2020-2030 and complementary Corporate Delivery Plan for the period 2020-22. It was agreed to note the East Ayrshire Leisure Strategic Vision 2020-2030 and the Corporate Delivery Plan for 2020-22.

ADOPTION OF THE MINERALS LOCAL DEVELOPMENT PLAN 10. There was submitted a report dated 26 November 2019 (circulated) by the Depute Chief Executive and Chief Financial Officer: Economy and Skills which advised Council of a Direction issued by Scottish Ministers in relation to the Minerals Local Development Plan. The report sought authority to modify the Plan in accordance with the Direction and to proceed to adopt the Plan. 10

It was agreed: (i) to note the content of the Direction issued by Scottish Ministers; (ii) to comply with the Direction; (iii) that the Head of Planning and Economic Development will provide confirmation to Scottish Ministers that the Plan will be modified in line with the Direction; (iv) to adopt the Plan; and (v) otherwise, to note the contents of the report.

RESOLUTION ON NUCLEAR WEAPONS RELATED ISSUES 11. There was submitted a report dated 24 October 2019 (circulated) by the Chief Governance Officer to consider a request from the Scottish CND to pass Resolutions on nuclear weapons related issues. It was agreed to support Resolution 1, namely:  Council notes the production of recent research published by Don’t Bank on the Bomb Network Scotland;  Council further notes this research indicates that Strathclyde Pension Fund have shares in 18 companies that undertake work related to nuclear weapons;  Council calls on the Strathclyde Pension Fund to work towards eliminating future financial exposure to companies that are involved in the production or maintenance of nuclear weapons and their delivery systems, giving due regard to fiduciary duty; and  Council asks the Chief Executive to write to the Convener of Strathclyde Pension Fund to urge them to give full consideration to this resolution. In respect of Resolution 2, Councillor Reid, seconded by Councillor John McGhee, agreed to support the terms of this Resolution, namely:  Council declares its support for the United Nations Treaty on the Prohibition of Nuclear Weapons (TPNW), a historic treaty which once ratified will result in the complete prohibition of developing, testing and using nuclear weapons;  Council recognises the necessity of creating a nuclear weapons-free world and as such opposes the United Kingdom Government’s refusal to sign or ratify the landmark treaty;  In adopting this resolution, the Council therefore unequivocally declares its support for the TPNW. Furthermore, council calls on the United Kingdom government to work for a Nuclear Weapons free world by - - signing and ratifying the Treaty on the Prohibition of Nuclear Weapons, thereby joining the global majority of countries opposed to nuclear weapons; - cancelling the replacement of Trident , Britain’s Nuclear Weapons System; and - utilising all diplomatic avenues possible to work towards a nuclear weapons free world. Councillor Cook, seconded by Councillor Herd, moved as an amendment that (i) Council acknowledges the responsibility of the UK Government to take all reasonable and legal steps to protect its citizens from threats or actions by other states; (ii) Council recognises the necessity of creating a nuclear weapon free world but acknowledges that this cannot and should not be done unilaterally in the current world wide unstable political climate; and (iii) Council calls on the UK Government to work towards a nuclear 11

weapons free world by using all diplomatic means possible to achieve a multilateral agreement. On a division by a show of hands, the motion was carried by 16 votes to 9. Councillor Linton left the meeting during consideration of this item. Councillor Whitham left the meeting at this point.

VOTING RIGHTS OF NON-ELECTED MEMBER REPRESENTATIVES ON CABINET - OUTCOME OF CONSULTATION EXERCISE (Item 10 of the Council meeting on 27 June 2019) 12. There was submitted a report dated 23 October 2019 (circulated) by the Chief Governance Officer which advised Council of the outcome of the consultation exercise regarding the voting rights of Non-Elected Member Representatives on Council. It was agreed: (i) to continue with current voting rights of Non-Elected Member Representatives on Cabinet which took into account the views expressed during the consultation; and (ii) otherwise, to note the contents of the report. Councillor McKay joined the meeting during discussion of this matter. Councillor Whitham rejoined the meeting at this point.

FAMILY LEAVE FOR ELECTED MEMBERS 13. There was submitted a joint report dated 3 December 2019 (circulated) by the Head of Human Resources and Chief Governance Officer which recommended to Council the introduction of Family Leave arrangements for Elected Members. It was agreed to approve the introduction of Family Leave arrangements as detailed in Appendix 1 to the report.

PROVOST’S CLOSING REMARKS 14. The Provost closed the meeting by wishing everyone a happy Festive period, to stay safe and to look in on neighbours and family to ensure they were also safe and well.

The meeting terminated at 1131 hrs.