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38/11 Committee DECISION UNDER DELEGATED POWERS DECISION CANNOT BE TAKEN BEFORE FRIDAY, 30 SEPTEMBER 2011 Title THE LIBRARY REVIEW: CONCLUDING STAGE Report of REPORT OF THE CABINET MEMBER FOR FIRE, CULTURE AND RESIDENT SERVICES EXECUTIVE SUMMARY 1. This report puts in place the measures to end the library review, with the establishment of five community libraries, which are supported by the council but at no direct cost. 2. The recommendation is that the council will cease to fund the public libraries at Bembridge, Brighstone, East Cowes, Niton and Shanklin on 30 September 2011, and that it will lease those sites at preferential rents and with the free loan of council library stock to community-led organisations. This will result in community libraries, the product of a partnership between the council and local residents where no locality will have lost its static provision. BACKGROUND 3. It is Cabinet policy to increase community-led engagement in libraries, while continuing to provide a comprehensive and efficient library service on the Island. This is defined as:- • Providing a good range of books free of charge to the library user and associated services in venues accessible to the majority and with opening hours arranged as nearly as possible to meet community requirements; • In so doing, statutory requirements continue to be met in full. 4. This paper brings to a conclusion the implementation of this Cabinet policy, to ensure that Isle of Wight Council library service continues to meet its statutory requirements, and that communities wishing to establish their own local library are supported to do so. 5. The council’s library review has been in process since July 2010. This report brings it to a conclusion, with confirmation that direct council funding will cease for five public libraries. Previous cabinet member decisions (1 March 2011, 30 June 2011, 22 July 2011) document the background to why these sites have been identified. 6. In four of the five areas where direct council funding will cease, there has been a volunteer co-ordinator in post already, and their presence has been crucial to the development of volunteer groups to run the community libraries. These sites are Bembridge, Brighstone, East Cowes and Niton. In Niton, the community group formed to take on the library has formed a company, The Edward Edwards Library Limited, in honour of the pioneer of public libraries in England, who is buried in Niton. 7. In two areas, it has not been feasible to establish an incorporated body.. These areas are Bembridge and Brighstone. There was considerable community activity and volunteering in both areas, and, to ensure that this could result in community libraries, the Isle of Wight Rural Community Council (RCC) has offered to accept the leasehold liability for both sites. This is in line with the RCC’s policy of enabling local community enterprises and has meant both libraries can open without a break in service. 8. In Shanklin, it has taken a slightly longer time to co-ordinate the recruitment of a volunteer co-ordinator for a number of the town’s ongoing projects. The Town Council has indicated that it is likely to offer to pay for a member of Isle of Wight Council library staff to be seconded to the Shanklin library site, for a short period of up to two months, so that volunteers may be recruited and trained on site, as has been the case in all other sites to date. This matter is due to be decided formally at their Town Council meeting on 22 September 2011. 9. In areas where there is a community library, the council will continue to provide mobile library stops in the vicinity, in co-operation with the community library’s management. 10. The council is not able to sustain its expenditure on the five sites in question any longer. Sufficient time has been allowed to permit legal and property disposal negotiations to near conclusion, and for the training for staff and security checks for volunteers. The training and checks have been offered to community groups, to ensure their volunteers offer the highest standards of customer care and confidence that customers can continue to enjoy their local library as a safe and welcoming space in their community. STRATEGIC CONTEXT 11. This decision supports the Eco Island Sustainable Community Strategy themes of a thriving Island (because it sees local communities establishing enterprises to operate the community libraries), and a healthy and supportive Island (because the opening of community libraries is offering volunteering opportunities which will lead to more people playing an active role in their locality). 12. The recommendations in the report also support the Vision as set out in the Corporate Plan 2011-13 to challenge statutory duties and deliver services in more cost effective ways by engaging with local communities and partners. CONSULTATION 13. The Library Review invited consultation and over 1500 people responded to the consultation, plus five petitions were submitted. This consultation was used to inform the initial Cabinet decision of 1 March and this decision uses the same public consultation as its basis. 14. To ensure that the community libraries are all equipped to open by or near to the end of September 2011, all five community groups involved have been consulted regularly on progress. In addition, the RCC, which is taking on two property leases to permit the opening of community libraries in Bembridge and Brighstone, has been a consultee throughout. 15. The Equality Impact Assessments (EIAs) which are attached at Appendix A and discussed below, reflect a period of additional public consultation which was carried out during July 2011 in all eleven sites. FINANCIAL / BUDGET IMPLICATIONS 16. The recommendation would result in the Library Service reducing its running costs by £31,000 on these sites, because this is how much it had cost the council to extend the opening to the end of September, in terms of additional staffing and utilities. This is in addition to the significant savings made by the staffing restructure earlier in the year. The removal of the secure data lines has reduced the council’s outgoings by approximately £6,800 a month; the remainder of the £31,000 was made up of utilities and single staffing costs. CARBON EMISSIONS 17. Based on 2010/11 energy consumption, the proposals will have the effect of reducing the Council’s carbon footprint by 41 tonnes of carbon dioxide (tCO2) during the remainder of 2011/12 and by 57tCO2 for subsequent years. 18. Assuming a fixed price for carbon allowances under the CRC Energy Efficiency Scheme of £12/tonne, the proposals will reduce the cost to the council of CRC allowances by £492 during the remainder of 2011/12 and by £684 for subsequent years. LEGAL IMPLICATIONS 19. Under the Public Libraries and Museums Act 1964 the library authority (which the Council is in accordance with s. 206 Local Government Act 1972) has a duty to “provide a comprehensive and efficient library service for all persons desiring to make use thereof”. 20. In fulfilling its duty, a library authority shall in particular have regard to the desirability— (a) of securing, by the keeping of adequate stocks, by arrangements with other library authorities, and by any other appropriate means, that facilities are available for the borrowing of, or reference to, books and other printed matter, and pictures, gramophone records, films and other materials, sufficient in number, range and quality to meet the general requirements and any special requirements both of adults and children; and (b) of encouraging both adults and children to make full use of the library service, and of providing advice as to its use and of making available such bibliographical and other information as may be required by persons using it; and (c) of securing, in relation to any matter concerning the functions both of the library authority as such and any other authority whose functions are exercisable within the library area, that there is full co-operation between the persons engaged in carrying out those functions. 21. In doing this, the council will continue to meet its statutory duty. 22. In relation to the staffing and TUPE issues mentioned in previous papers these have now been resolved. 23. Issues arising out of the negotiation of the draft leases submitted to the prospective tenants of Bembridge, Niton and Shanklin libraries mean the leases need further adjustment and the prospective tenants need further time to agree the leases.” EQUALITY AND DIVERSITY 24. The Equalities Act 2010 requires a local authority to have due regard to the need to eliminate discrimination, harassment, victimisation and to advance equality of opportunity between persons who share a relevant protected characteristics and persons that do not. The local authority has to consider the impact that any potential change in policy, rules, guidance or services may have on individuals who may be affected and who enjoy rights as a person with a protected characteristic under the Act. 25. During July 2011, library customers in all eleven of the council’s public libraries were invited to comment on the impact that changes to that site would have on them. This consultation exercise was based around the nine “protected characteristics” which feature in Equality Impact Assessments (EIAs). These characteristics are: age; gender; sexual orientation; gender reassignment; disability; marriage; pregnancy and maternity, race, and religion. 26. Appendix A to this report represents the EIAs for those sites affected by this decision, including action plans which reflect customer comments wherever possible. These action plans will be used to ensure that the council minimises the negative impacts of its decision to close some of the sites included in Appendix A.